HomeMy WebLinkAbout2019-04-02 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers
6:00 PM, April 2, 2019
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il 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 conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation
2.Consent Agenda
2.1.Resolution No. 15, Series 2019 a Resolution to Release a Deed
Restriction Located at 1109 Vail Valley Drive pursuant to Section 12-13-5 of
the Vail Town Code, in exchange for the placement of an employee housing
deed restriction on Heather of Vail Condo Unit B-3/ 5197 Black Gore Drive
Unit B-3, Vail, Colorado 81657 (the “Proposed E HU”).
5 min.
Background: On March 26, 2019 the Vail Local Housing Authority (V L HA)
reviewed a request to exchange an existing studio Type I I Employee
Housing Unit Restrictive Covenant at 1109 Vail Valley Drive. The new owner
requested to exchange the existing E HU with a new Type I I I deed-
restriction on a two bedroom condominium located at Heather of Vail
Condos Unit B-3 / 5197 Black Gore Drive Unit B-3. The exchange meets
the requirements listed in the Town Code 12-13-5 E MP L OY E E HOUS I NG
UNI T D E E D RE S TRI C TI ON E X C HA NGE, therefore the V LHA
recommends release of the restrictive covenant on 1109 Vail Valley Drive.
2.2.Resolution No. 16, Series of 2019 a Resolution to Release a Deed
Restriction Located at 2642 Kinnikinnick Court pursuant to the terms of the
Settlement Agreement, October 18, 1996, Reception No. 607578 and the
Type I I Employee Housing Unit Restrictive Covenant, November 18, 1996,
Reception No. 607579.
Background: The owner of a deed-restriction located at 2642 Kinnikinnick
Court requested to release their restriction in accordance with Type I I
Employee Housing Unit Restrictive Covenant recorded November 18, 1996,
Reception No. 607579 section 7. Staff will record the approved mutual
release upon "verification that the E HU use has been terminated and has
been merged into the Primary Unit, and is no longer capable of being
separately leased."
2.3.Resolution No.17, Series of 2019, A Resolution Adopting an Amended
April 2, 2019 - Page 1 of 196
Budget and Making Appropriations to Pay the Costs, Expenses, and
Liabilities of the Vail Local Marketing District for its Fiscal Year J anuary 1,
2019 Through December 31, 2019
2.4.Resolution No. 18, Series of 2019, A Resolution Approving a Cooperative
I ntergovernmental Agreement for Use of the 800 MHZ System in the Eagle
River Valley
Background: The Eagle River Valley User Agencies previously entered into
an Agreement for use of Eagle County's 800 MHz W ide Area Smartzone
Trunked Radio Services dated on or around August 17, 2010, governing the
use of the 800 MHz radio system in Eagle County. The User Agencies wish
to supersede the Previous Agreement with the current I ntergovernmental
Agreement to provide for continuing access to the system by the User
Agencies and to reallocate the decision-making responsibilities of the User
Agencies for the system.
2.5.March 5, 2019 Town Council Meeting Minutes
2.6.March 19, 2019 Town Council Meeting Minutes
2.7.Global Friendship Exchange Agreement between the Yamanouchi–Machi,
Nagano Prefecture, J apan and the Town of Vail, State of Colorado, United
States of America
2.8.Global Friendship Exchange Memo of Understanding ("MOU") between the
Yamanouchi–Machi, Nagano Prefecture, J apan and the Town of Vail, State
of Colorado, United States of America
3.Town Manager Report
3.1.5 min.
4.Action Items
4.1.Resolution No. 14, Series of 2019, A Resolution Adopting Gore Valley Trail
I nterpretive Plan as a Component of the Gore Creek Strategic Plan
10 min.
Presenter(s): Peter Wadden, Watershed Education Coordinator
Action Requested of Council: Approve, approve with modifications, or deny
Resolution No. 14, Series of 2019.
Background: Based on feedback received from Town Council at the March
19 meeting, staff has updated the I nterpretive Plan to include
recommendations on how the proposed interpretive installations may be
incorporated into the Vail App. The applicant, Town of Vail, represented by
Peter Wadden, Town of Vail Water Quality Education Coordinator, is
requesting approval from the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for the adoption of the Gore Valley Trail
I nterpretive Plan (the I nterpretive Plan) as a component of the Gore Creek
Strategic Action Plan.
4.2.Ordinance No. 3, Series of 2019, An Ordinance Amending Chapter 1 of
Title 4 of the Vail Town Code to Address Business Licensing Fees for
Accommodation Services.
5 min.
Presenter(s): Alex J akubiec, Sales Tax and Licensing Administrator
April 2, 2019 - Page 2 of 196
Action Requested of Council: Staff is requesting Council’s approval of the
first reading of Ordinance No. 3, Series 2019.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments upon first
reading of Ordinance No. 3, Series 2019.
4.3.Ordnance No. 5 Series of 2019, First Reading, An Ordinance Authorizing
the Sale of Certain Real Property Known as Unit 2, Vail Village I nn Plaza,
Phase V Condominiums, to S TK Capital, LLC for $1,547,000.
15 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, Approve with Modifications, or
Deny Ordinance No. 5, Series of 2019, on first reading.
Background: Please refer to the staff memorandum, dated April 2, 2019,
discussing this agenda item.
Staff Recommendation: The Town staff recommends the Vail Town Council
approves Ordinance No. 5, Series of 2019, upon first reading.
4.4.Proposed Parcel E, Chamonix Vail Neighborhood – Options for
Consideration – Request for Direction
30 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: At the end of the discussion, the Vail Town
Council will be asked to provide direction to the Town staff as to which, if
any, of the proposed approaches best serves the interest of the greater Vail
community.
Background: The Vail Town Council has expressed its intent to sell the
Town's interest in Parcel D of the Chamonix Vail Neighborhood. Proceeds
from the sale of the Parcel could be applied to recoup a portion of the
nearly $4M financial subsidy granted to the development of the Chamonix
Vail Neighborhood. I n order to effectively sell the Parcel, certain
determinations regarding the sales approach must first be decided.
Staff Recommendation: The Town staff recommends the Vail Town Council
discussion and consider the four options outlined in the staff memorandum
and provide direction as to which, if any, of the options the Town Council
supports the staff in pursuing.
5.Public Hearings
5.1.Ordinance No. 4, Series of 2019, Second Reading, An Ordinance
Amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1,
Vail Town Code, to Remove the Dwelling Units per Acre Maximum W hile
Maintaining the Existing Dimensional Standards I ncluding GRFA and
Building Height in the Lionshead Mixed Use-1 Zone District
5 min.
Presenter(s): Chris Neubecker, Community Development Planning
Manager
Action Requested of Council: The Vail Town Council shall table Ordinance
No. 4, Series of 2019 to the J une 4, 2019 Town Council meeting.
Background: The proposed change to the density maximum in Lionshead
Mixed Use-1 zone district will encourage redevelopment of properties in the
Lionshead area, as encouraged by the Lionshead Redevelopment Master
Plan.
Staff Recommendation: The Community Development Department
recommends tabling of Ordinance No. 4, Series of 2019 to the J une 4,
2019 Town Council meeting.
6.Adjournment
April 2, 2019 - Page 3 of 196
6.1.Adjournment 7:30 p.m. (estimated)
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
website the week following meeting day, www.highfivemedia.org.
P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
April 2, 2019 - Page 4 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Resolution No. 15, S eries 2019 a Resolution to Release a Deed
Restriction L ocated at 1109 Vail Valley Drive pursuant to Section 12-13-5 of the Vail Town Code, in
exchange for the placement of an employee housing deed restriction on Heather of Vail Condo
Unit B -3/ 5197 B lack Gore Drive Unit B-3, Vail, Colorado 81657 (the “P roposed E HU”).
B AC K G RO UND: On March 26, 2019 the Vail L ocal Housing Authority (V L HA ) reviewed a
request to exchange an existing studio Type I I E mployee Housing Unit Restrictive Covenant at
1109 Vail Valley Drive. T he new owner requested to exchange the existing E HU with a new Type
I I I deed-restriction on a two bedroom condominium located at Heather of Vail Condos Unit B-3 /
5197 Black Gore Drive Unit B -3. T he exchange meets the requirements listed in the Town Code
12-13-5 E MP L O YE E HO US I NG UNI T D E E D R E S T R I C T I O N E X C HA NG E , therefore the
V L HA recommends release of the restrictive covenant on 1109 Vail Valley Drive.
AT TAC H ME N TS:
Description
Resolution No. 15, Series 2019
Mutual Release of Restrictive Covenant
April 2, 2019 - Page 5 of 196
RESOLUTION NO. 15
SERIES OF 2019
A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT
BETWEEN THE TOWN OF VAIL AND BISCAYNE TRUST; 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, Biscayne Trust is the owner of that certain property (“the Property”)
located within the Town of Vail, Eagle County, Colorado, with a physical address of
1109 Vail Valley Drive, Vail, Colorado 81657;
WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against
the Property for the sole purpose of creating an employee housing unit within the Town
of Vail as provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the
records of the Clerk and Recorder of Eagle County, Colorado on August 31, 2007 at
Reception No. 200723275;
WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and
WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail
Town Code, wish to mutually release the Restrictive Covenant in exchange for the
placement of an employee housing deed restriction on Heather of Vail Condo Unit B-3/
5197 Black Gore Drive Unit B-3, Vail, Colorado 81657 (the “Proposed EHU”).
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Mutual Release of Restrictive
Covenant and authorizes the Town Manager to execute the Mutual Release of
Restrictive Covenant Agreement on behalf of the Town in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon the recording of
an employee housing deed restriction in a form approved by the Town on the
Proposed EHU.
Resolution No. 15, Series of 2019
April 2, 2019 - Page 6 of 196
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of April ,
2019.
________________________________
Dave Chapin, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
Resolution No. 15, Series of 2019
April 2, 2019 - Page 7 of 196
EXHIBIT A
Resolution No. 15, Series of 2019
April 2, 2019 - Page 8 of 196
MUTUAL RELEASE OF RESTRICTIVE COVENANT
THIS RELEASE is made and entered into this 2nd day of April, 2019, by and between
Biscayne Trust, hereinafter referred to as “RELEASEE” and the Town of Vail, a Colorado
Municipal Corporation, hereinafter referred to as “RELEASOR”.
WHEREAS, Releasee is the owner of that certain property (“the Property”) located within
the Town of Vail, Eagle County, Colorado, with a physical address of 1109 Vail Valley Drive,
Vail, Colorado 81657;
WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the
Property for the sole purpose of creating an employee housing unit within the Town of Vail as
provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the records
of the Clerk and Recorder of Eagle County, Colorado on August 31, 2007 at Reception No.
200723275;
WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and
WHEREAS, at the public meeting held on April 2, 2019, and pursuant to Section 12-13-5
of the Vail Town Code, the Town Council of the Town of Vail, Colorado (“Town Council”)
approved the release of the Restrictive Covenant in exchange for the placement of an employee
housing deed restriction on Heather of Vail Condo Unit B-3 / 5197 Black Gore Drive Unit B-3,
Vail, Colorado 81657.
NOW THEREFORE, in consideration of the mutual terms and provisions herein below
set forth, and other good and valuable consideration, the receipt and adequacy of which is
hereby confessed and acknowledged to, the parties agree:
1. The Town Council approved the release of the Restrictive Covenant on April 2, 2019 via
Resolution 15, Series of 2019.
2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in
the office of the Clerk and Recorder of Eagle County, Colorado at Reception No.
200723275 and dated August 31, 2007 and hereby releases Releasee from all duties
and obligations of said Restrictive Covenant.
3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or
otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no
further restrictions imposed by Releasor.
4. Upon execution of the Release, Releasee shall be free to reside in and use the Property
with no further restrictions imposed by the Releasor.
5. This Release shall be permanent and shall run with the land and shall not be waived,
abandoned, amended, or terminated and shall inure to the benefit and be binding upon
the parties, their respective grantees, successors, or assigns.
Page 1 of 2
April 2, 2019 - Page 9 of 196
6. This Release constitutes the entire agreement between the parties with respect to the
subject matter hereof, and there are no inducements, representations, warranties, or
understandings that do not appear within the terms and provisions of the Release. This
Release may be modified only in writing, signed by both parties.
7. This release shall be recorded in the real property records of Eagle County, Colorado
and the provisions of this Release shall be governed by the laws of the State of
Colorado, including any action arising out of this Release.
8. If any provisions of this Release shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect. This Release has been negotiated by the parties and their respective counsel
and shall be interpreted fairly in accordance with its terms and without any strict
construction in favor of or against either party.
RELEASOR:
TOWN OF VAIL, a Colorado Municipal Corporation
By:
Greg Clifton, Town Manager
ATTEST:
Tammy Nagel, Town Clerk
RELEASEE:
By:
Biscayne Trust, Current Owner
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2019
by .
Notary Public:
My Commission Expires:
Page 2 of 2
April 2, 2019 - Page 10 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Resolution No. 16, S eries of 2019 a Resolution to Release a Deed Restriction
L ocated at 2642 K innikinnick Court pursuant to the terms of the Settlement Agreement, October
18, 1996, Reception No. 607578 and the Type I I Employee Housing Unit Restrictive Covenant,
November 18, 1996, Reception No. 607579.
B AC K G RO UND: The owner of a deed-restriction located at 2642 Kinnikinnick Court requested
to release their restriction in accordance with Type I I Employee Housing Unit Restrictive
Covenant recorded November 18, 1996, Reception No. 607579 section 7. S taff will record the
approved mutual release upon "verification that the E HU use has been terminated and has been
merged into the Primary Unit, and is no longer capable of being separately leased."
AT TAC H ME N TS:
Description
Resolution No. 16, Series of 2019 and Mutual Release
April 2, 2019 - Page 11 of 196
RESOLUTION NO. 16
SERIES OF 2019
A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT
BETWEEN THE TOWN OF VAIL AND SUZANNE J. DUGAN; 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, Suzanne J. Dugan is the owner of that certain property (“the
Property”) located within the Town of Vail, Eagle County, Colorado, with a physical
address of 2642 Kinnikinnick Court, Vail, Colorado 81657;
WHEREAS, a Restrictive Covenant (“Restrictive Covenant”) was recorded
against the Property for the sole purpose of creating an employee housing unit within
the Town of Vail as provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the
records of the Clerk and Recorder of Eagle County, Colorado on November 18, 1996,
Reception No. 607579;
WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and
WHEREAS, at the public meeting held on April 2, 2019, pursuant to the terms of
the Settlement Agreement, October 18, 1996, Reception No. 607578 (Exhibit B) and
the Type II Employee Housing Unit Restrictive Covenant, November 18, 1996,
Reception No. 607579, wish to mutually release the Restrictive Covenant and terminate
the Restrictive Covenant recorded against the Property in the office of the Clerk and
Recorder of Eagle County, Colorado at Reception No. 607579, dated November 18,
1996 and hereby releases Releasee from all duties and obligations of said Restrictive
Covenant.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant
upon verification that the EHU use has been terminated and has been merged into the
Primary Unit, and is no longer capable of being separately leased and authorizes the
Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on
Resolution No. 16, Series of 2019
April 2, 2019 - Page 12 of 196
behalf of the Town in substantially the same form as attached hereto as Exhibit A and
in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon the recording of
the Mutual Release of Restrictive Covenant Agreement a form approved by the
Town.
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd of April, 2019.
________________________________
Dave Chapin, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
Resolution No. 16, Series of 2019
April 2, 2019 - Page 13 of 196
EXHIBIT A
Resolution No. 16, Series of 2019
April 2, 2019 - Page 14 of 196
MUTUAL RELEASE OF RESTRICTIVE COVENANT
THIS RELEASE is made and entered into this 2nd day of April, 2019, by and between
Suzanne J. Dugan, hereinafter referred to as “RELEASEE” and the Town of Vail, a Colorado
Municipal Corporation, hereinafter referred to as “RELEASOR”.
WHEREAS, Releasee is the owner of that certain property (“the Property”) located within
the Town of Vail, Eagle County, Colorado, with a physical address of 2642 Kinnikinnick Court,
Vail, Colorado 81657;
WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the
Property for the sole purpose of creating an employee housing unit within the Town of Vail as
provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the
Clerk and Recorder of Eagle County, Colorado on November 18, 1996 at Reception No.
607579;
WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and
WHEREAS, at the public meeting held on April 2, 2019, pursuant to the terms of the
Settlement Agreement, October 18, 1996, Reception No. 607578 and the Type II Employee
Housing Unit Restrictive Covenant, November 18, 1996, Reception No. 607579 the Town
Council of the Town of Vail, Colorado (“Town Council”) approved the release of the Restrictive
Covenant located at 2642 Kinnikinnick Court, Vail, Colorado 81657.
NOW THEREFORE, in consideration of the mutual terms and provisions herein below
set forth, and other good and valuable consideration, the receipt and adequacy of which is
hereby confessed and acknowledged to, the parties agree:
1. The Town Council upon verification that the EHU use has been terminated and has been
merged into the Primary Unit, and is no longer capable of being separately leased
approved the release of the Restrictive Covenant on April 2, 2019.
2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in
the office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 607579
and dated November 19, 1996 and hereby releases Releasee from all duties and
obligations of said Restrictive Covenant.
3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or
otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no
further restrictions imposed by Releasor.
4. Upon execution of the Release, Releasee shall be free to reside in and use the Property
with no further restrictions imposed by the Releasor.
5. This Release shall be permanent and shall run with the land and shall not be waived,
abandoned, amended, or terminated and shall inure to the benefit and be binding upon
the parties, their respective grantees, successors, or assigns.
Page 1 of 2
April 2, 2019 - Page 15 of 196
6. This Release constitutes the entire agreement between the parties with respect to the
subject matter hereof, and there are no inducements, representations, warranties, or
understandings that do not appear within the terms and provisions of the Release. This
Release may be modified only in writing, signed by both parties.
7. This Release shall be recorded in the real property records of Eagle County, Colorado
and the provisions of this Release shall be governed by the laws of the State of
Colorado, including any action arising out of this Release.
8. If any provisions of this Release shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect. This Release has been negotiated by the parties and their respective counsel
and shall be interpreted fairly in accordance with its terms and without any strict
construction in favor of or against either party.
RELEASOR:
TOWN OF VAIL, a Colorado Municipal Corporation
By: _____________________________________
Greg Clifton, Town Manager
ATTEST:
_________________________________________
Tammy Nagel, Town Clerk
RELEASEE:
By: ______________________________________
Suzanne J. Dugan, Current Owner
STATE OF _____________ )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ____ day of _________, 20 by
.
Notary Public: ______________________________
My Commission Expires: ______________________
Page 2 of 2
April 2, 2019 - Page 16 of 196
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered on the~,$',,C~day of ®C.~v,~~ , 1996,
between the Town of Vail, Colorado, 75 S. Frontage Road, Vail, Colorado, hereinafter referred
to as "Town", and Sue Dugan, 2642 Kinnickinnick Court, Vail., Colorado.
WHEREAS, it was brought to the attention of the Town of Vail Community
Development Department that there was a third dwelling unit located at 2642 Kinnickinnick
Court/Lot 5, Block 2, Vail Intermountain Subdivision.
WHEREAS, a review the records of Eagle County and the Town of Vail disclose
that the property has never been coned in allow for mare than twe d~=.~pliing uni±s on ~t.
WHEREAS, under the present zone district. Primary-Secondary. it is possible to
receive approval for a Conditional Use Perrnit to authorize the continued use of the third
dwelling unit, which is an apartment, as a Type II employee housing unit.
WHEREAS, it is clear that this third dwelling unit has been used appropriately in
the past as an employee housing unit.
WHEREAS, by entering into this Agreement Sue Dugan does not have an
affirmative duty to rent the Type II employee housing unit.
WHEREAS, the Town fully supports the continuation of this third dwelling unit
as an employee housing unit which will continue to fulfill a goal of the Town to provide housing
for as many employees as possible within the Town of Vail.
WI~EREAS, the parties agree that this Conditional Use Application will be
presented to the Planning and Environmental Commission pursuant to the Vail Municipal Code.
NOW, THEREFORE, in exchange of the mutual promises contained herein it is
a nYPP~'I ac fnllnu~c•
Y-a~ --- --- ----_ .....
1. The Town and Sue Dugan will enter into the deed restriction which is
attached as Exhibit "A".
2. The Town of Vail, through its Community Development Department, will
process an application for a Conditional Use Permit which will be presented by Town staff on
behalf of Sue Dugan to the Planning and Environmental Commission and which Conditional Use
Permit application will be supported for an affirmative vote by the Planning and Environmental
Commission by Town staff and all fees generally required for such application shall be waived. ~
C91
Q7
6075?S z
IIIIIIIIIIIIIIIII II II II IIIIIIII~IIIII) 11/18/1996 11~0100BNOT10.00 Eagle2County Clerk
rcKnnnnotn4~ REC 11.00 DOC
EXHIBIT B
April 2, 2019 - Page 17 of 196
r 3. If at any time Sue Dugan wishes to remove the third dwelling unit and
abandon its use as an employee housing unit, such abandonment can be accomplished by
removing the presently located kitchen related facilities, which means stove, microwave oven or
other heated cooking surface, and advising the Town that such conditional use is being
abandoned. In such event, the attached deed restriction will no longer be of any force or effect
and will be removed as a restriction on the property.
4. The Town and Sue Dugan do hereby mutually, fully, unequivocally, and
unconditionally release one another, their heirs, assigns, successors, officers, directors and
employees from any and all causes of action pertaining to or arising from the facts and
circumstances that gave rise to the entering of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed the day and year first
written above.
TOWN OF VAIL
By: (iv ~-
Robert W. Mc aurin, Town Manager
f:\dugan.agt
w
d~
W
111111 VIII 111111 VIII VIII 111111 VIII III Iilll IIII IIII 607578
11/18/1998 11:01A BK 711 PG 600 23Page: 2 of 2
REC 11.00 DOC 0.00 NOT 0.00 Eagle County Clerk
April 2, 2019 - Page 18 of 196
li
TYPE II EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
WHEREAS, Sue Dugan is the owner of certain property (the "Owner") described as: Lot
5, Block 2, Intermountain Subdivision, 2642 Kinnickinnick Court, Vail, Colorado (the
Property"); and li
WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or
I'
apartment located on the Property for the benefit of the Owner and the Town of Vail, Colorado
the "Town").
NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare
for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the
following restrictions, covenants, and conditions, all of which shall be deemed to run with the
land and inure to the benefit and be binding upon the Owner, its respective grantees, successors,
and assigns.
1.The Employee Unit, containing 450 square feet, is hereby restricted as Type II
Employee Housing Unit (EHU).
i e ee w o2.The Type II EHU shall be leased to tenants who are full t me mploy s h
work in Eagle County. An EHU shall not be leased for a period less than thirty
consecutive days.
3.A Type II EHU may not be sold, transferred, or conveyed separately from any two
family dwelling it may be a part of.
4.The Type II EHU shall not be divided into any form of timeshares, interval
ownership, or fractional fee ownership as those terms as defined in the Municipal
Code of the Town of Vail.
5.The owner of each EI IU shall rent the unit at a monthly rental rate consistent with
market rates prevalent for similar properties in the Town of Vail. The Owner
agrees to provide verification of compliance upon reasonable request to the Town
of Vail, of the terms and conditions of the current lease no more frequently than
once a year.
6.The provisions of these restrictive covenants may be enforced by the Owner or the
Town.
607579
2
11/18/1996 11:02A BK 711 PG 601 373
REC 11.00 DOC 0.00 NOT 0.00 Eagle County GlerkApril 2, 2019 - Page 19 of 196
7.The Town of Vail agrees to execute a termination of this covenant within 30 days
of notification and verification that the EHU use has been terminated and has been
merged into the Primary Unit, and is no longer capable of being separately leased.
S.Tlie conditions, restrictions, stipulations and agreements contained herein shall
not be waived, abandoned, terminated, or amended except by the written consent
of both the Town of Vail and the Owner of the Property.
TOWN OF VAIL, a Colorado Municipal Corporation
By:
Robert W. McLaurin, Town Manager
Sue Dugan, Owner G~
607579
2
STATE OP COLORADO 11/18/1996 11:02A BK 711 PG 601 373
REC 11.00 DOC 0.00 NOT 0.00 Eagle County Clerkss.
COUNTY OF EAGLE
The foregoing instrument was acknowledged before me thisZ~h day of ~-~.bOJy
1996 by Robert W. McLaurin as Town Manager of the Town of Vail, a Colorado Municipal
Corporation.
el~'i'th~Ss,rtl~ hand and official seal.
p•„co t~s``tpn expires on:
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r- ~o~n blic
STATE OF COLORADO
ss.
COUNTY OF EAGLE
The foregoing instrument was acknowledged before me this /~~day of ~O,.e~,_
1996 by Sue Dugan, Owner.
Witness my hand and official seal.
M commission expir 3Yt .
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April 2, 2019 - Page 20 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Resolution No.17, Series of 2019, A Resolution A dopting an A mended Budget
and Making A ppropriations to P ay the Costs, E xpenses, and L iabilities of the Vail L ocal Marketing
District for its Fiscal Year J anuary 1, 2019 Through December 31, 2019
AT TAC H ME N TS:
Description
V L MD Supp 1- TO V
April 2, 2019 - Page 21 of 196
To: Vail Town Council
From: Vail Local Marketing District
Date: April 2, 2019
Subject: Vail Local Marketing District 2019 Re-Allocation & Incremental Budget
Supplemental
I. BACKGROUND
The Vail Local Marketing District (VLMD) approved the 2019 Operating and Plan and
Budget on September 18, 2018 and the Vail Town Council approved on November 13,
2018.
The mission of the Vail Local Marketing District is to market and promote Vail to attract
overnight destination guests primarily during the May – October time frame, creating
economic vitality by increasing both the visitor base and sales tax revenues.
The marketing goals outlined in the 2019 VLMD operating plan are:
Strengthen Vail’s position as a year-round destination that appeals to a broad audience,
by elevating the summer brand position, increasing the following May – October
metrics:
• Sales tax
• Lodging tax
• Overall occupancy
• Group occupancy
II. OPPORTUNITIES
• Increase overall overnight visitation during May – October, with an emphasis on
need time periods
• Increase presence in and visitation from Dallas, while supporting the EGE Flight
• Increase visitation from Front Range
• Capture additional brand assets
• Produce and distribute additional social media video assets
• Expand media/public relations push in Fall in the Front Range
• Expand social influencer program
April 2, 2019 - Page 22 of 196
• Expand email marketing efforts in late summer and fall to drive visitation from the
Front Range
• Conduct in-market research to better understand our primary audience
III. RATIONALE
a. Overall budget re-appropriation and incremental allocations place dollars
strategically where and how we can have the most impact and tie efforts to results
via Key Performance Indicators/ROI
b. Destination media budget increases spend and penetration into our top
destination market, building on our geographic strengths. The focus on Dallas
(direct flight market) continues building on previous momentum, maintains our
leadership position, and ensures market growth
i. Destination Media budget +13% over baseline budget; with the incremental
dollars focused on Dallas (baseline increases 33% for Dallas, spends
already allocated to Houston & Chicago, as well as “Nationwide” digital)
ii. Dallas remains a critical market for us to support; if flight loads decrease, we
risk losing service – not something we want.
iii. We know a guest flying into EGE in the summer is likely a Vail guest, and if
our guests fly into Denver, they have many more destination choices
iv. The Dallas market continues to be strong in ability and desire to visit Vail,
with the direct flight and audience base. There is a reason the Houston flight
went away; we should focus dollars where they are clearly working.
v. Destination guests stay longer and spend more money, therefore we need
bring the marketing spend back to levels more similar to 2018
vi. Dallas is consistently the #2 DMA (behind Denver) at typically 5%, with other
major DMA's, including Houston at only 2%.
vii. According to the Guest Profiler Research, Dallas shows strength with
consistent early bookings and strong late bookings.
viii. Traditional and digital media buys will be hyper-focused on exact
neighborhoods and personas in Dallas
ix. Fall is an opportunity for growth from Super Boomers and Active
Professionals in Dallas, with flights, specific fall messaging and lower lodging
rates
c. Front Range media budget increases spend and penetration, bringing levels back
to 2017-2018
i. Front Range budget +30% over baseline budget
ii. Maintains our top of mind awareness in an always growing market
iii. Allows messaging of new summer events, especially in need time periods
iv. Fall is an opportunity for growth from Super Boomers and Active
Professionals in the Front Range, with events, specific fall messaging and
lower lodging rates
d. Brand asset capture budget increases to include greater variety of footage,
scenarios, and widen the talent pool to reflect our target audiences.
i. Develop additional assets using existing footage for use in 2019 campaign
ii. Capture additional video assets, including 360 degree video for use in
organic social, web, etc.
Town of Vail Page 2
April 2, 2019 - Page 23 of 196
iii. Build library with engaging footage & compelling stories for future campaign
use
e. Social Video budget increase to capitalize on successful long form social edits for
Instagram, Facebook, Youtube, email and web that continue to build stories with
unique points of view that exemplify the Vail brand and target personas.
f. Public Relations budget increase to expand Fall messaging and expand
influencer program
i. PR efforts driving fall business, with Fall Harvest Dinner and with CBS travel
editor Peter Greenberg’s radio show/podcast
ii. Additional family influencer to extend message throughout summer to our
primary Dynamic Family with teens persona
g. Destination Research budget to allow the use of focus groups in three key
destination markets to gain a much deeper understanding of our target audience of
teens, their travel motivators, and how to authentically communicate with them and
their parents
h. Paid Email Marketing budget allows us to employ a complementary strategy to
the organic email approach, with an emphasis on the late summer and fall to drive
visitation through demographic and behavioral email targeting.
i. Specifically targets audiences in the Front Range to encourage travel in
need periods
i. Summer Retail or Crisis budget sets aside easily accessible dollars for an
integrated communications plan should the need arise
Town of Vail Page 3
April 2, 2019 - Page 24 of 196
IV. BUDGET DETAIL
Budgeted revenue from lodging tax collections is proposed to be increased by $200,000
to reflect actual collections in 2018. 2018 lodging tax collections of $3,489,289
increased 5.6% from 2017 actuals. The 2019 amended revenue budget for lodging tax
is proposed at $3,500,000, flat with 2018. The $200,000 increase in revenue will be
used to offset the incremental funding request below.
Budgeted expenses of $200,000 originally earmarked for the Colorado Classic are
requested to be re-appropriated. In addition, an incremental increase of $200,000, or
6% is requested. The amended 2019 budget is proposed at $3,500,000, flat with 2018
actuals.
The request for a re-appropriation of the $200,000 and an incremental allocation of
$200,000 is recommended to be spent as follows:
• Destination & Front Range Media $200,000
• Brand Asset Capture $30,000
• Social Videos $51,000
• PR $25,000
• Destination Audience Research $30,000
• Email Marketing $20,000
• Summer Retail/Crisis $44,000
$400,000
The 2019 amended fund balance is projected to be $1,272,453, 36% of annual
revenues and within Council’s 25% directive of annual revenues.
V. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT
Vail Local Marketing District recommends that the Vail Town Council consider the
presentation and approve the requested incremental budget of $200,000 and a re-
appropriation of $200,000.
ATTACHMENTS
VLMD Fund Statement
Town of Vail Page 4
April 2, 2019 - Page 25 of 196
Unaudited
2018 2019 1st 2019
Actual Budget Supplemental Budget
Income
Lodging Tax 3,489,289 3,300,000 200,000 3,500,000
Interest Income 1,397 2,000 2,000
Total Income 3,490,687 3,302,000 200,000 3,502,000
Expense
Destination 1,241,886 1,121,000 149,500 1,270,500
International 192,603 185,000 185,000
Front Range 189,401 190,000 81,500 271,500
Groups and Meetings 701,231 680,738 680,738
Public Relations Expenses 70,714 75,500 9,500 85,000
Content/Influencer Strategy 74,480 60,000 9,500 69,500
Photography / Video 122,000 124,100 20,000 144,100
Research 86,864 117,578 30,000 147,578
Web Site 50,211 53,000 53,000
Admin Miscellaneous 5,410 8,000 8,000
Email Marketing 6,500 5,850 5,850
Branding 113,000 77,200 77,200
Professional Fees
Vail App 16,999 16,034 16,034
Legal and Accounting 25,000 25,000 25,000
Contingency 44,000 44,000
Advertising 32,272 32,200 51,000 83,200
Advertising Agent Fees 45,000 60,300 60,300
Marketing Coordination-TOV 95,000 91,000 91,000
Marketing Coordination-VVP 40,000 40,000 40,000
Professional Fees - MYPR 124,960 112,500 5,000 117,500
Ft Range Promotion Fees 22,000 - -
Total Professional Fees 401,231 377,034 100,000 477,034
Special Event Funding
Special Event Funding 200,000 200,000 (200,000) -
Event Liaison 25,000 25,000 25,000
Total Special Events 225,000 225,000 (200,000) 25,000
Total Expense 3,480,531 3,300,000 200,000 3,500,000
Revenue over (Under) Expenditures 10,156 2,000 - 2,000
Beginning Fund Balance 1,260,297 862,297 408,156 1,270,453
Ending Fund Balance 1,270,453 864,297 1,272,453
Fund Balance (25% required) 36% 26% 36%
VAIL LOCAL MARKETING DISTRICT 2019 BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
5
April 2, 2019 - Page 26 of 196
Resolution No. 17, Series of 2019
RESOLUTION NO. 17
SERIES OF 2019
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2019 THROUGH DECEMBER 31, 2019
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2019, and
ending on the 31st day of December, 2019.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 2nd day of April, 2019.
___________________________________
Dave Chapin, Town Mayor
Attested:
_________________________
Tammy Nagel, Town Clerk
April 2, 2019 - Page 27 of 196
TOWN COUNCIL
2019 VLMDAC REQUEST
APRIL 2, 2019
April 2, 2019 - Page 28 of 196
AGENDA /
•REVIEW OF 2019 GOALS
•BUDGET RE-APPROPRIATION AND INCREMENTAL REQUEST
April 2, 2019 - Page 29 of 196
REVIEW OF 2019 GOALS
April 2, 2019 - Page 30 of 196
Strengthen Vail’s position as a year-round destination that appeals to a
broad audience, by elevating the summer brand position.
2019 GOALS 2019 GOALS
April 2, 2019 - Page 31 of 196
Increase the following May – October metrics:
•Sales tax
•Lodging tax
•Overall occupancy
•Group occupancy
2019 GOALS 2019 GOALS
April 2, 2019 - Page 32 of 196
BUDGET RE-APPROPRIATION &
INCREMENTAL REQUEST
April 2, 2019 - Page 33 of 196
2019 ORIGINAL BUDGET / $3.3 MILLION
The approved 2019 budget ($3.3 million) proposed a 10% ($300,000) decrease
as compared with 2018 ($3.6 million) in order to maintain the minimum amount of
reserves required (25%).
April 2, 2019 - Page 34 of 196
2019 PROP0SED AMENDED BUDGET / $3.5 MILLION
BUDGET REQUESTS:
•$200,000 originally earmarked for the Colorado Classic is requested to be re-
appropriated.
•$200,000, or a 6% increase from the 2019 original budget is requested as an
incremental increase. This will be offset by a $200,000 proposed increase in
lodging tax collections.
The 2019 amended budget is proposed at $3,500,000, flat with 2018 actuals.
April 2, 2019 - Page 35 of 196
RECOMMENDATIONS FOR RE-APPROPRIATIONS &
INCREMENTAL FUNDS ($400K)
OPPORTUNITIES
1 Destination & Front Range Media: $200K
Brand Asset Capture: $30K
Social Videos: $51K
2
3
4 Public Relations: $25K
5 Destination Audience Research: $30K
6 Email Marketing: $20K
7 Summer Retail/Crisis: $44K
April 2, 2019 - Page 36 of 196
QUESTIONS?
THANK YOU!
April 2, 2019 - Page 37 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Resolution No. 18, S eries of 2019, A Resolution Approving a Cooperative
I ntergovernmental Agreement for Use of the 800 MHZ S ystem in the E agle River Valley
B AC K G RO UND: The Eagle River Valley User A gencies previously entered into an Agreement
for use of E agle County's 800 MHz W ide A rea S martzone Trunked Radio Services dated on or
around A ugust 17, 2010, governing the use of the 800 MHz radio system in Eagle County. T he
User Agencies wish to supersede the Previous A greement with the current I ntergovernmental
A greement to provide for continuing access to the system by the User A gencies and to reallocate
the decision-making responsibilities of the User A gencies for the system.
AT TAC H ME N TS:
Description
Resolution No. 18, Series of 2019
April 2, 2019 - Page 38 of 196
Resolution No. 18, Series of 2019
RESOLUTION NO. 18
SERIES OF 2019
A RESOLUTION APPROVING A COOPERATIVE INTERGOVERNMENTAL
AGREEMENT FOR USE OF THE 800 MHZ SYSTEM IN THE EAGLE RIVER
VALLEY
WHEREAS, the Eagle River Valley User Agencies (the “User Agencies”) previously entered
into an Agreement for Use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio
Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in
Eagle County (the "Previous Agreement”);
WHEREAS, the User Agencies wish to supersede the Previous Agreement with the current
Intergovernmental Agreement (the "IGA"), attached hereto as Exhibit A and incorporated herein by
this reference, to provide for continuing access to the system by the User Agencies and to reallocate
the decision-making responsibilities of the User Agencies for the system; and
WHEREAS, the Council’s approval of this Resolution is required to enter into the IGA.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF
VAIL, STATE OF COLORADO:
Section 1. The Council hereby approves the IGA and authorizes the Town Manager to
enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form
approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
ATTEST TOWN OF VAIL
______________________________ _____________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
April 2, 2019 - Page 39 of 196
COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800
MHz SYSTEM IN THE EAGLE RIVER VALLEY
THIS AGREEMENT is made this
parties:
of ____ _, 2019 by and among the following
the County of Eagle, Colorado ("Eagle County"),
Eagle County Paramedic Services,
Eagle County School District,
Eagle River Fire Protection District,
Eagle River Water and Sanitation District,
Greater Eagle Fire Protection District,
Gypsum Fire Protection District
Town of Avon, Colorado,
Town of Eagle, Colorado
Town of Gypsum, Colorado,
Town of Vail, Colorado
each a "User Agency," or a "Party," and together, the "User Agencies" or the "Parties."
Recitals
Whereas, the User Agencies previously entered into an Agreement for Use of Eagle County's
800 MHz Wide Area Smartzone Trunked Radio Services dated on or around August 17, 2010,
governing the use of the 800 MHz radio system in Eagle County (the "Previous Agreement");
and
Whereas, the User Agencies wish to supersede the Previous Agreement with the current
Intergovernmental Agreement ("IGA") or ("Agreement") to provide for continuing access to the
System by User Agencies and to reallocate the decision-making responsibilities of the User
Agencies for the System; and
Whereas, the Parties desire to establish terms and conditions to govern the use of and access to
the System and to provide for its operation, maintenance, and repair; and
NOW THEREFORE, the User Agencies agree as follows:
1. The System.
The System is a radio communications system comprised of sites, infrastructure, and other assets
that allow the User Agencies and other users to communicate throughout the state.
a. Only organizations that conduct operations as, or are directly affiliated with,
public safety organizations may use the system.
2. Executive Committee.
a. The Executive Committee shall be comprised of up to 13 voting members.
April 2, 2019 - Page 40 of 196
i. Each User Agency shall each designate a representative to the
Executive Committee. Each User Agency shall submit the name of
their designated representative to the Operations Employee by
January 31st of each year.
11. The Executive Committee may also appoint up to two additional at
large members on a yearly basis. At large members must be from a
User Agency, Cooperating Agency, or system user, provided that no
User Agency shall have more than two representatives.
m. No voting member of the Executive Committee shall be an Eagle
County employee paid with 800 MHz funds, as contemplated by
Section 6(b ), below.
b. The Executive Committee shall:
1. Adopt bylaws governing the Executive Committee's decision-
making processes;
IL Adopt policies and procedures governing the execution of any of the
functions of the Executive Committee;
111. Adopt rules and regulations as necessary for the use of the System
and associated equipment, in accordance with all applicable local,
state, and federal rules, regulations, and policies and in accordance
with policies or operating procedures set forth by the Consolidated
Communications Network of Colorado, Inc.("CCNC");
iv. Provide for training for the use of the System;
v. Grant access to the System by additional organizations (the
"Cooperating Agencies") when access will be for the benefit of the
citizens and visitors of Eagle County. The currently-approved
Cooperating Agencies are set forth in Exhibit A.
vi. Agree upon a budget for each year, which must include a fee formula
that considers both number of radio units and amount of airtime
usage, for the use of the 800 MHz funds to present to the County
Finance Department no later than June 1 of each year for approval
by the Board during its yearly budgeting process;
vii. Decide on how the funds under the charge of the Committee shall be
spent, as long as such spending is anticipated by the budget adopted
by the Board.
vm. Refer any contracts necessary for the system to the Board of County
Commissioners for signature.
ix. Coordinate with all User Agencies and Cooperating Agencies
regarding necessary appropriations for to cover unforeseen expenses;
and
x. Appoint steering committees as desired or necessary.
April 2, 2019 - Page 41 of 196
3. Technical Operations Committee.
a. The Technical Operations Committee ("Tech Ops Committee") is an existing
committee and is comprised of any representative of User Agencies or other users
that have an interest in the operations of the system.
b. The Tech Ops Committee shall:
L Adopt bylaws governing the Tech Ops Committee's decision-
making processes;
11. Assist in planning for the operation of the system including without
limitation through considering and making recommendations related
to talk group names, functions or aliases, or any other programming
matters; and
111. Meet periodically as needed or at the request of the operations
employee, the Chair of the Executive Committee, or the Board of
County Commissioners.
4. User Agencies.
a. User Agencies own their own equipment and retain control over the equipment
they own.
b. Each User Agency shall pay reasonable fees for the use of the System, as
determined by the fee schedule adopted by the Executive Committee.
c. Each User Agency shall adhere to the rules and regulations governing the use of
the System, as adopted by the Executive Committee.
d. Eagle County holds licenses from the FCC for the operation of the System. Each
User Agency and any of its employees, representatives, agents, and volunteers
shall comply with all terms of the license, all federal, state, and local laws, orders,
and regulations, as well as policies and procedures set forth by the Consolidated
Communications Network of Colorado, Inc. ("CCNC") with respect to the use of
the System.
5. Cooperating Agencies.
a. All organizations receiving programming and support from Eagle County not
identified as a User Agency shall be a Cooperating Agency.
b. Cooperating Agencies will charged a fee based on the funding formula adopted by
the Executive Committee.
6. Eagle County.
a. Eagle County will enter into leases to use as sites for the System.
b. Eagle County will enter into contracts as necessary for the operation,
maintenance, and repair of the System.
c. Eagle County will serve as employer for any employees necessary to ensure the
continued operation of the System. Any employees will operate under the
County's general employment policies. All employees will conduct operations for
April 2, 2019 - Page 42 of 196
the best interests of all the users of the system under the rules and regulations
adopted by the Executive Committee.
7. Prior Agreements. This Agreement supersedes the Previous Agreement.
8. No multiple fiscal year obligation. Obligations in this Agreement are contingent upon
each of the Parties appropriating, budgeting, and otherwise making funds available in
each year for the purposes herein, in accordance with Article 24, title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
9. Term and effective date. This Agreement shall become effective upon signature of an
authorized representative of the governing body of a Party. Except as provided herein,
this Agreement shall remain in effect until December 31, 203 9, unless sooner terminated
by agreement of all the Parties, or pursuant to the terms of Sections 8 or 9, below.
10. Termination. Voluntary termination by a Party requires 30 days of advance notice. No
refunds are available for fees already paid for a given year. To avoid fees for the
subsequent year, notice must be given by no later than June 30. Upon termination of a
Party's participation in the Agreement, whether voluntary or due to a breach, the Party at
its own expense shall immediately reprogram its radios containing System programming
and parameters, and provide documentation of such reprogramming.
11. Breach. A failure to pay fees owed for use of the system for over 180 days or violation of
the rules or regulations for the use of the System is a material breach under this
Agreement. The breaching party must demonstrate an attempt to cure the breach within
30 days of notice of the breach by the Executive Committee or by any Party or the
Agreement as to the breaching Party shall terminate.
12. Enforcement. Any one or more of the Parties may enforce this Agreement by any legal
or equitable means including specific performance, declaratory, and injunctive relief. No
other person or entity shall have any right to enforce the provisions of this Agreement.
13. Employment Status. Nothing in this Agreement, and no performance under this
Agreement, alters or modifies the employment status of officers, agents, or employees of
any of the Parties.
14. Immunity. Nothing in this agreement waives, limits, or otherwise modifies the
governmental immunity that may be available by law to any of the Parties, their officials,
employees, contractors, agents, or any other person acting on behalf of any of the Parties.
In particular, immunity pursuant to the Colorado Governmental Immunity Act, Title 24,
Article 10, Part 1 of the Colorado Revised Statutes is not waived. This paragraph shall
survive termination of this Agreement.
15. Authority, Governing Law, and Venue. This Agreement is promulgated under the laws
of the State of Colorado, including C.R.S. § 29-1-201. Each and every term, provision, or
condition herein is subject to and shall be construed in accordance with the provisions of
Colorado law, the charters of the Parties, if applicable, and the ordinances and regulations
enacted pursuant thereto. Venue shall lie in the County of Eagle.
April 2, 2019 - Page 43 of 196
-.
16. Severability. All agreements and covenants in this Agreement are severable. If a court of
competent jurisdiction holds any of them invalid, this Agreement will be interpreted as if
the invalid terms were not included.
17. Waiver. No waiver of any breach or default under this Agreement shall be a waiver of
any other or subsequent breach or default.
18. No Third Party Beneficiary. The Parties, in their corporate and representative
governmental capacities, are the only entities intended to be the beneficiaries of this IGA,
and no other person or entity is so intended.
19. Amendments. Amendments to this IGA may be made with consent in writing by all the
Parties.
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and all of which shall constitute one and the same
Agreement. Facsimile signatures shall be acceptable and binding on all parties.
21. Notices. All notices under this Agreement shall be in writing and shall be delivered by
certified mail, by email as long as the recipient acknowledges receipt, or hand delivered
to the following:
April 2, 2019 - Page 44 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: March 5, 2019 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
March 5, 2019 Town Council Meeting Minutes
April 2, 2019 - Page 45 of 196
Town Council Meeting Minutes of March 5, 2019 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 5, 2019
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: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Greg Clifton, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Jeff Babb, representing Vail Resorts, reminded council of the last 10th Mountain Legacy Parade
taking place on Friday, March 8th at 7pm. This event has exceeded expectations! Babb thanked
the town and the Commission on Special Events for a great partnership.
2. Proclamations
2.1. Proclamation No. 4, Series of 2019, In Recognition of Vail's Trailblazer Award
Recipient Glenn Porzak
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Read and approve proclamation. Background: Glenn Porzak was
chosen as the fourth recipient of the Vail Trailblazer Award, a water rights attorney who worked
tirelessly through the decades to advance and protect water rights for Vail.
Each council member read a portion of Proclamation No. 4 into the record. Unfortunately Glenn
Porzak was unable to attend the meeting due to weather and pass closures. Rick Sackbauer,
Vail resident, spoke about Porzack’s water rights accomplishments and reasons why Porzack
deserved the 2019 Trailblazer Award. Porzak, a noted water rights attorney, would be
recognized at the Annual Community Meeting on March 12 th at Donovan Pavilion.
Moffet made a motion to approve Proclamation No. 4, Series of 2019; Foley seconded the
motion passed (7-0).
3. Presentations / Discussion
April 2, 2019 - Page 46 of 196
Town Council Meeting Minutes of March 5, 2019 Page 2
3.1. Eagle County Law Enforcement Agencies awarded the 2018 “Serve Us” Award
from the Colorado Special Olympics
Presenter(s): Town of Vail Dispatcher Fernando Almanza and Officer Nick Deering
Background: The Eagle County law enforcement agencies were awarded the 2018 “Serve Us”
Award from the Colorado Special Olympics. The Vail Police Department participates in a
number of events to raise funds for the Special Olympics including; Tip a Cop, Torch Run and
the Polar Plunge. Dispatcher Fernando Almanza and Officer Nick Deering will update the
Council on the award and upcoming events.
Dispatcher Almanza and Officer Deering told council about the Police Department’s participation
in a number of events to raise funds for the Special Olympics including Tip a Cop, Torch Run
and the Polar Plunge. They requested council members to join them at the Polar Plunge at
Nottingham Lake on March 30 th.
4. Appointments for Boards and Commissions
4.1. Appoint 3 Members to the Building and Fire Codes Appeals Board (B&FCA)
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Make a motion to appoint three persons to serve as the “regular
member” and appoint two people to serve as alternates on the Building & Fire Code Appeals
Board for a five year term ending March 31, 2023.
Bruno made a motion Rollie Kjesbo, Steve Loftus and Kyle Webb to the Building and Fire Code
Appeals Board; Langmaid seconded the motion passed (7 -0).
5. Any action as a result of executive session
Council asked that a potential pre -development agreement for acquisition of deed -restrictions
associated with the East Vail parcel be scheduled for discussion at the March 19 meeting and
that the proposed term sheet be released for public review as soon as possible.
6. Consent Agenda
6.1. Resolution No. 12, Series of 2019, A Resolution Approving a Third Amendment to
Agreement Between Eagle County Housing and Development Authority and The Town of
Vail.
Moffet made a motion to pass Resolution No. 12, Series of 2019; Foley seconded d the motion
passed (7-0).
6.2. Resolution No. 13, Series of 2019, A Resolution Adopting the 2018 Eagle County
CO Hazard Mitigation Plan Update
Moffet made a motion to pass Resolution No. 13, Series of 2019; Foley seconded d the motion
passed (7-0).
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Town Council Meeting Minutes of March 5, 2019 Page 3
6.3. February 5, 2019 Town Council Meeting Minutes
Foley made a motion to pass February 5, 2019 meeting minutes; Mason seconded the motion
passed 6-0 (Moffet was absent from the February 5 meeting).
6.4. February 19, 2019 Town Council Meeting Minutes
Moffet made a motion to pass the February 19, 2019 meetin g minutes; Foley seconded the
motion passed (7-0).
6.5. Stephens Park Water Quality Contract Award
Moffet made a motion to authorize the Town Manager to enter into an agreement with Icon Inc.
in the amount of $70,000.00; Mason seconded the motion passed (7 -0).
6.6. Contract Award Ford Park Weather Shelter
Background: The purpose of this item is to request the Town Council to direct the Town
Manager to enter into a construction contract with RA Nelson, Inc. in an amount not to exceed
$535,527 for the construction of the Ford Park Softball Field Weather Shelter.
Moffet made a motion to authorize the Town Manager to enter into an agreement with RA
Nelson in the amount of $535,527.00; Mason seconded the motion passed (7 -0).
6.7. Contract Award 2019 Landscape Improvement Projects at Buffehr Creek Park and
Ford Park
Background: The purpose of this item is to request the Town Council to direct the Town
Manager to enter into a construction contract with GH Daniels III and Associates, Inc. in an
amount not to exceed $94,089.19 for the 2019 Landscape Improvement Projects. Projects
include Turf Reduction Pilot Project at Buffehr Creek Park and Ford Park Frontage Road
Landscaping.
Moffet made a motion to authorize the Town Manager to enter into an agreement with GH
Daniels in the amount of $94,089.19; Mason seconded the motion passed (7 -0).
6.8. Design Contract Award for Gore Valley Trail Improvements along Vail Valley Drive
Background: This past fall Council budgeted funds for 2019 to move forward with a public
design process to evaluate concepts that might provide a safer experience for pedestrians and
motorists along Vail Valley Drive. The goal will be to find an acceptable improved solution for
Vail Valley Drive from the Ford Park Soccer field lot to Ptarmiga n Road east, and possibly the
entire length out to Sunburst Drive. Town staff recommends that Council Authorize the Town
Manager to enter into a design contract, in a form approved by the town attorney, with Roaring
Fork Engineering & Norris Design in the amount of $69,542.
Moffet made a motion to authorize the Town Manager to enter into an agreement with Roaring
Fork Engineering & Norris Design in the amount of $69,542; Mason seconded the motion
passed (7-0).
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6.9. 2019 Vail Concrete Replacement Project Contract Award
Background: The Town of Vail publically bid the replacement of concrete in various locations
throughout town, most notably; the Vail Transportation Center bus ramps, the Public Works bus
wash heated concrete apron and the lower portion of the heated concrete stairs adjacent to
Concert Hall Plaza. The Town received three bids. Town staff recommends that Council
authorize the Town Manager to enter into a construction contract, in a form approved by the
Town Attorney, with Icon Inc. in the amount of $207,626.
Moffet made a motion to authorize the Town Manager to enter into an agreement with Icon Inc.
in the amount of $207,626.00; Mason seconded the motion passed (7 -0).
7. Town Manager Report
7.1. Business Solicitation in Commercial Zoning Districts
The Town Manager reviewed his report with council. Additionally, Clifton spoke to council about
complaints his office had been receiving regarding solicitation in the Village. Clifton
recommended bringing an ordinance for Council’s consideration that would make certain
business solicitation techniques more enforceable. Council agreed, but wanted to see
enforcement to continue.
8. Action Items
8.1. Award of three construction contracts for four Riparian Buffer Planting Projects
along Gore Creek
Presenter(s): Gregg Barrie, Senior Landscape Architect
Action Requested of Council: Staff requests the following:
1. Acknowledge, by show of hands, that awarding the contracts listed below will require re -
appropriation of 2018 funds to the 2019 budget during the next Supplemental Budget
Appropriation in April of 2019.
2. Authorize the Town Manager to enter into a contract with Energes Services, LLC in the
amount of $ 21,639.15 for Project 1: Vail Golf Course
3. Authorize the Town Manager to enter into a contract with SHC Landscape Company in
the amount of $ 34,110.10 for Project 2: Vail Village
4. Authorize the Town Manager to enter into a contract with Rocky Mt Custom Landscapes
in the amount of $ 92,006.27 for Project 3: Lionshead West and the East Vail Interchange
Background: See Memorandum
Staff Recommendation: Staff recommends awarding the contracts as outlined in the
memorandum
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Town Council Meeting Minutes of March 5, 2019 Page 5
Gregg Barrie, Senior Landscape Architect, provide d council a brief review of the design and bid
process for more than three miles of stream bank vegetation work had been completed for four
separate project areas. The work includes the installation of more than 5,000 individual plants,
drainage work, signage, irrigation and native seeding.
The project areas include:
East Vail Interchange to Bridge Rd,
areas of the Vail Golf Course,
Ford Park to Vail Rd and
Lionshead Skier Bridge to Cascade Village.
Some areas will be planted for the first time and some areas will see plants added to 2017
projects to ensure their success. The projects would be installed throughout the summer starting
in late April and finishing in early August depending on the type of work, the project location and
the plants’ proximity to the ordinary high -water mark.
Barrie explained very little plan ting work was completed during 2018 due to drought conditions.
During the 2019 budget discussions, staff requested only $100,000 (down from $400,000 in the
5-year Plan) for 2019 with the idea that unspent 2018 Gore Creek Restoration funds could be
re-appropriated. In order to sign contracts for the 2019 projects the Town Council would need
to re-appropriate 2018 funds to 2019 at the next Supplemental Budget Appropriations
anticipated to occur in April. Barrie stated to get contracts signed and to be prep ared to begin
work in April Council was acknowledging they would re -appropriate the 2018 funds for these
contracts in 2019.
There was no public comment.
Moffet made a motion to:
acknowledge the re-appropriation of 2018 funds to the 2019 budget during the next
Supplemental Budget Appropriation in April of 2019;
Authorize the Town Manager to enter into a contract with Energes Services, LLC in the
amount of $ 21,639.15 for Project 1: Vail Golf Course;
Authorize the Town Manager to enter into a contract w ith SHC Landscape Company in
the amount of $ 34,110.10 for Project 2: Vail Village; and
Authorize the Town Manager to enter into a contract with Rocky Mt Custom Landscapes
in the amount of $ 92,006.27 for Project 3: Lionshead West and the East Vail
Interchange; Bruno seconded the motion passed (7 -0).
8.2. Lion Square Lodge - Permission to Proceed
Presenter(s): Chris Neubecker
Action Requested of Council: The Community Development Department requests that the Town
Council evaluate the proposal to utilize Town of Vail property for the purposes of vehicular
access to the Lion Square Lodge parking lot. This utilization of Town of Vail property would be
subject to the terms of an Access Easement, which will be scheduled for a future Town Council
meeting.
Staff Recommendation: The Lion Square Lodge building current has a parking lot on the
northwest side of the building, with access taken from Lionshead Place. The existing driveway
entering the parking lot is at the north end of the lot, and is close to the Arrabelle property. The
new driveway location will improve vehicular and pedestrian safety in the area.
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Chris Neubecker, Community Development Planning Manager, explained the Executive
General Manager of the Lion Square Lodge, located a t 660 Lionshead Place, requested
permission to proceed through the Design Review process for improvements to the building’s
parking lot access located partially on Town of Vail property (Tract A, Vail Lionshead Filing 3).
The applicant requests permission to proceed through the Design Review Board processes and,
if approved, to obtain an Access Easement from the Town of Vail for the improvements. The
Council was being asked to authorize the applicant to move forward with a planning application
that utilizes Town owned property for commercial uses. The access easement would be
presented at a future meeting date, and granting approval to proceed through the Design
Review process does not obligate the Town to granting the easement .
Moffet made a motion to allow Lions Square Lod ge to proceed through the DRB process; Foley
seconded the motion passed (6 -0 Coggin opposed).
8.3. Ordinance No. 4, Series of 2019, First Reading, An Ordinance Amending Section
12-7H-12, Density, Vail Town Code, and Section 14 -8-1, Vail Town Code, to Remove the
Dwelling Units per Acre Maximum While Maintaining the Existing Dimensional Standards
Including GRFA and Building Height in the Lionshead Mixed Use -1 Zone District.
Presenter(s): Chris Neubecker, Community Development Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 4, Series of 2019, upon first reading.
Background: The proposed change to the density maximum in Lionshead Mixed Use -1 zone
district will encourage redevelopment of properties in the Lionshead area, as encouraged by the
Lionshead Redevelopment Master Plan.
Staff Recommendation: The Community Development Department recommends approval of
Ordinance No. 4, Series of 2019 on First Reading.
Chris Neubecker, provided council a review of the zoning code amendment explaining that
Lionshead mix use 1 would be the only zone district affected by this ordinance amendment.
The applicant, the Treetops Condominium Association, represented by Mauriello Planning
Group, was proposing to remove the maximum number of dwelling units per acre (density)
within the Lionshead Mixed Use -1 (LMU-1) zone district, so that there would be no limit on
density. No changes are proposed to the existing limits on Gross Residential Floor Area
(GRFA), building heights, setbacks, site coverage, landscaping, or any other dimensional
standard. The proposed text amendment would apply only to properties within the Lionshead
Mixed Use-1 (LMU-1) zone district. Would change the number of units you could have. Provide
flexibility for redevelopment. It would allow the developer to decide how many units. The
building itself would stay the same, but the units inside would change.
Dominic Mauriello, representing the Treetops Condominium provided a PowerPoint of the
proposed redevelopment of the Treetops and how the original footprint would stay the same,
but how there were unlimited uses of the space within the building.
Public comment was called.
A representative from Slifer Smith & Frampton Real Estate is also offering support for the
ordinance, noting the current difficulties involved in fractional fee product types.
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Town Council Meeting Minutes of March 5, 2019 Page 7
A property owner at Concert Hall Plaza also expressed support for the ordinance.
Council members agreed Lion shead needed updating and bringing more people to the core
area, but expressed concern with the wording “unlimited” and would like a more definite number
and additional information on the impacts on water and parking at the April 2 council meeting.
Moffet made a motion to approve , on first reading, Ordinance No. 4, Series of 2019 with more
information to presented during second reading at the April 2 nd Council meeting; Coggin
seconded the motion passed (5 -2 Foley and Langmaid opposed).
9. Public Hearings
9.1. Ordinance No. 1, Series of 2019, Second Reading, An ordinance for a Zone District
Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code to allow
the rezoning of 4722 Meadow Drive (Bighorn Townhouses “Parking Easement” Parcel, as
shown on the plat of Bighorn Townhouses recorded November 13, 1968) from
unidentified to Low Density Multiple-Family District and setting forth details in regard
thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modificati ons,
or deny Ordinance No. 1, Series of 2019, upon second reading.
Background: The applicant, Bighorn Townhouse Association, represented by Mauriello Planning
Group, is requesting a zone district boundary amendment, pursuant to Section 12 -3-7,
Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn
Townhouses “Parking Easement” Parcel, as shown on the plat of Bighorn Townhouses
recorded November 13, 1968) from unidentified to Low Density Multiple - Family District (LDMF).
This application is being processed concurrently with a Land Use Plan Amendment (PEC18 -
0046) that will facilitate, if approved by the Town Council, an application for the development of
the subject property for residential garages.
Staff Recommendation: On January 14, 2019, the Planning and Environmental
Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district
boundary amendment, pursuan t to Section 12-3-7, Amendment, Vail Town Code.
Jonathan Spence, Senior Planner, confirmed there were no changes since first reading.
There was no public comment.
Moffet made a motion to approve Ordinance No. 1, Series of 2019 upon second reading; Foley
second the motion passed (7 -0).
9.2. Ordinance No. 2, Series 2019, Second Reading, An Ordinance Amending Portions
of Title 4, Chapter 3, of the Vail Town Code Related to Sales Tax to Adopt Certain
Statewide Standardized Definitions and to Make Revenue - Neutral Amendments Needed
to Implement Those Definitions.
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Town Council Meeting Minutes of March 5, 2019 Page 8
Presenter(s): Carlie Smith, Finan cial Services Manager and Alex Jakubiec, Sale Tax
Administrator
Action Requested of Council: Approve or Approve with Amendments Ordinance No.2, Series
2019 Upon 2nd Reading.
Background: Please See Attached Memo.
Staff Recommendation: Approve or Approve with Amendments Ordinance No.2, Series 2019
Upon 2nd Reading.
Alex Jakubiec, Sales Tax Administrator, stated there were no changes since first reading.
There was no public comment.
Moffet made a motion to approve Ordinance No. 2, Series of 2019 upon s econd reading; Foley
seconded the motion approved (7 -0).
10. Adjournment
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 7:35
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
April 2, 2019 - Page 53 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: March 19, 2019 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
March 19, 2019 Town Council Meeting Minutes
April 2, 2019 - Page 54 of 196
Town Council Meeting Minutes of March 19, 2019 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 19, 2019
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: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Greg Clifton, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was no public comment
2. Proclamations
2.1. Art in Public Places Board Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint two people to the AIPP Board for a two year
term ending March 31, 2021.
Bruno made a motion to appoint Susan Bristol and Margaret Rogers to the AIPP Board for a
two-year term each; Foley seconded the motion passed (7 -0).
2.2. Design and Review Board Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint two members to serve on DRB for two-year
terms.
Bruno made a motion to appoint Doug Cahill and Peter Cope to the DRB Board for a two-year
term each; Moffet second the motion passed (7 -0).
2.3. Motion to appoint three members to the Planning and Environmental Commission
(PEC)
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Town Council Meeting Minutes of March 19, 2019 Page 2
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three members to serve on PEC for two -year terms.
Bruno made a motion/to appoint Brian Gillette, Karen Perez and John -Ryan Lockman to the
PEC Board for a two-year term each; Moffet seconded the motion passed (7-0).
3. Consent Agenda
3.1. Colorado Outdoor Recreation District Letter of Support
Moffet stated he was uncomfortable supporting the letter as he hasn't read the federal
legislation. In lieu of taking action tonight, Chapin suggested letters be sent by individual council
members who wish to follow up personally.
There was no motion.
4. Town Manager Report
4.1. Town Manager Report
Greg Clifton, Town Manager, provided an update on planning meetings currently taking place to
help improve the trailhead situation at Booth Falls this summer. Clifton stated there would be
more information to come.
5. Action Items
5.1. Holy Cross Franchise Agreement Discussion
Presenter(s): Greg Hall, Public Works Director
Background: The Town's franchise agreement with Holy Cross Energy will be expiring in May
2019. It is a 20 year agreement. Staff has been meeting with representatives with Holy Cross
to negotiate possible terms for the new franchise a greement, which should be coming to Town
Council by ordinance in April. One salient term concerns the underground of existing overhead
lines. It is largely a safety issue and an aesthetic one as well. To fund this in past years, the
existing franchise agreement provides for an enhancement fund to help capitalize these
underground projects. The fund has been insufficient as the projects are very costly. Staff is
proposing an increased revenue source, derived from the franchise fee. The enclosed memo
provides details.
Greg Hall, Public Works Director, reviewed the history of the Holy Cross Energy franchise
agreement and the proposal of raising the franchise fee from 3% to 4%. The franchise
agreement between the Town of Vail and Holy Cross Energy is nearing its renewal period. It
was a 20-year agreement that was executed in 1999. Hall stated the franchise agreements
regarding electric utilities typically deal with terms, franchise fee s, relocations, undergrounding,
audits, and related. The current undergrounding project the Town had undertaken was
budgeted at $2,138,066 for 7,500 feet of undergrounding or $285/lineal feet. There were
approximately 38,000 lineal feet of overhead lines remaining in Vail. At those current costs, it
could take close to 52 years to underground the remaining lines based solely upon use of the
Community Enhancement Funds. Hall stated the funds from increasing the franchise fee from
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Town Council Meeting Minutes of March 19, 2019 Page 3
3%- 4% would be used to underground the remaining utility lines.
Public comment was taken.
Mark Gordon, Vail Resident, suggested using the proposed increased funding to bond against it
to accelerate the undergrounding work.
Penny Wilson, Vail Resident, agreed on getting the lines buried sooner for safety reasons.
Council members noted the increase would have a bigger impact on residents with electric heat.
Moffet made a motion to direct staff to negotiate a new 20 year franchise agreement to include
an increase in franchise fee from 3 to 4% to be adopted in April by ordinance; Foley seconded
the motion passed (7-0).
5.2. East Vail Parcel – Public Discussion of a Draft Term Sheet for Review and
Consideration. Following review and discussion of the term sheet, the Vail Town Council
is being asked to provide direction on this action item to the Town Attorney/Town
Manager.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: The Vail Town Council is asked to answer the following question
and provide direction to the Town Attorney/Town Manager on this acti on item:
Background: The purpose of this action item is to present the terms under consideration by the
Vail Town Council to acquire at least 40 residents - occupied, deed-restrictions in a potential
East Vail Parcel development expected to be proposed by Triumph Development. The outcome
of the Town’s potential participation would result in a 100% deed -restricted development of
approximately 130 to 140, one and two bedroom, for-rent homes for Vail residents.
The purpose of this action item is not to discus s the merits of a potential development review
application for development on the East Vail Parcel. The review of a development application, if
or when submitted, will occur during the course of the development review process with the
Town of Vail Planning & Environmental Commission.
Staff Recommendation: The Town of Vail staff recommends the Vail Town Council engage in a
public discussion specific only to the proposed terms of a potential development agreement with
Triumph Development to acquire at least 40 resident-occupied, deed-restrictions on the East
Vail Parcel, if a development plan is approved by the Town of Vail Planning & Environmental
Commission. It is to be further noted, that nothing herein constitutes an approval of any
development review application by the Town of Vail’s relevant reviewing agencies and the Town
of Vail cannot guarantee an approval of a development review application submitted by any
owner of real property.
Town Attorney Matt Mire was asked to clarify for the council and pub lic the following:
The title for the property was clear:
Any comments regarding a future development application should be made at the
Planning & Environmental Commission and not the Town Council;
A public vote was not possible on this matter; and
No council member had a conflict of interest concerning this matter.
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George Ruther, Housing Director, addressed council concerning a possible development on a
parcel owned by Vail Resorts located in East Vail. Ruther stated that Triumph Development
was currently working with Vail Resorts in purchasing the parcel for a deed restricted housing
and open space. The current zoning required at least 70% of the development to be resident
occupied, deed restricted homes for Vail residents. The Town had an opportunity to purchase
the remaining 30% to create 100% affordable housing. The terms to acquire the remaining 30%
were:
Town of Vail purchases the entire +/- 23 acre East Vail Parcel from Triumph
Development for $4M.
Triumph Development signs a 10-Year Ground Lease with an obligation to purchase the
+/- 5.4 acre Housing Parcel from the Town of Vail for $2.5M.
On or before the end of Year 10, the Town of Vail recovers $2.5M.
Town of Vail acquires up to 45 resident-occupied deed restrictions on 30% of the total
GRFA of the development.
The Town of Vail retains ownership of the +/- 17.9 acre NAP Parcel.
Total net investment of $1.5M yielding at least 40 deed restricted homes (30%)
Ruther noted that any action tonight did not guarantee approval of a development application for
the property by the PEC.
Public comment was called.
Charlyn Canada, Vail Resident did not support the term sheet and would rather see a sign on
the East Vail parcel stating the To wn and Vail Resorts dedicated this land to the sheep.
Bobby Lipnick, who co-chairs the Eagle County Housing Task Force, said housing was needed
where people live, work and recreate. He supported a 100% deed restricted development.
Rick Smith, an executive with Vail Health, explained the difficulties in retaining employees at the
hospital due to lack of affordable housing.
An East Vail resident who manageed employee housing for Vail Mountain provided examples
about the struggles with housing frontline employees.
Ben Gilbert, Moe’s BBQ, stated it was very difficult to attract and retain employees due to the
lack of affordable housing opportunities.
Trent Olson reminded council the #1 issue was housing and the front line employees could not
afford to live here. Need the housing!
Jonathan Staufer, Vail resident, d id not agree with the housing being proposed on this parcel.
Staufer felt the wildlife needed protection.
Elise Howard, Vail resident, was in 100% support of 100% deed restriction housing. Howard
reiterated the need to home critical employees such as teachers and nurses.
Matt Morgan, owner of Sweet Basil, was 100% in favor of the Town acquiring 100% deed
restriction housing on the East Vail parcel. Morgan stated there had been a drop in service
levels due to lack of affordable housing.
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Larry Stewart, Vail resident, stated the action be discussed tonight was “surreal." He questioned
the sequencing of decisions and didn’t like the developer profiting from the deal. S aid it's the
cart before the horse. He suggested tabling this decision until the application was submitted.
Steve Lindstrom, VLHA, was 100% in support of the terms to acquire 100% deed restriction.
Pam Stenmark, a resident of East Vail, questioned if the facts being presented were accurate.
Stenmark stated “market rate" was not affordable housing. She was concerned about the town
subsidizing housing for a profitable company.
Susan Byrd, was a 100% for deed restriction, but would like to see thi s topic tabled until there
was more information.
Tom Vucich is asking for more clarification from the Town Attorney regarding questions as to
conflict of interest on the Town Council.
Anne Esson urged caution in moving forward with this project. Esson stated the impacts would
be irreversible.
Betsy Kiehl, East Vail resident, thanked some Council members for answering her emails. Feel
did not agree with the parcel being used for deed restriction housing and questioned if Council
member Coggin had a conflict with this project. She reminded Council to be thoughtful and not
hastily.
Patty Marsh, Vail resident, stated the need for affordable housing was a must but there were
other options than this parcel. Marsh stated she supported housing but felt this was the wrong
location.
Gram Glass, Vail resident, asked Council to not vote yes.
Public comment was closed.
Langmaid made a motion to delay the decision of the term sheet until after the Planning &
Environmental Commission had reviewed the application, mitigation plan and an environmental
impact report had been reviewed; Foley seconded the motion passed (4 -3 Bruno, Moffet and
Coggin opposed).
Mason did not feel this was the correct sequence and wanted to wait until an application had
been presented.
Some council members questioned if acquiring the 100% deed restriction prior to the application
being submitted for PEC’s review would affect the board’s decisions.
Moffet and Bruno did not agree with the motion and believed the PEC would base their
decisions on facts and law.
Coggin did not agree the motion because once the developer submitted their application the
Town may not have an opportunity to have 100% deed restriction.
6. Public Hearings
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Town Council Meeting Minutes of March 19, 2019 Page 6
6.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Design Review Board on January 16, 2019 approving a
request for a minor building addition, exterior alteration and new outdoor dining patio,
located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and
setting forth details in regards thereto. (TC19-0001)
Presenter(s): Jonathan Spence, Community Development Planner
Action Requested of Council: The question to be answered by the Vail Town Council regarding
this appeal is: Were the requirements of the Vail To wn Code, specifically Title 14, Chapter 10,
Design Review Standards and Guidelines properly applied in the decision approving a request
for a minor building addition, exterior alteration and new outdoor dining patio, located at 100
East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1? Pursuant to Section 12 -3-3,
Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or
overturn the Design Review Board’s January 16, 2019, decision.
Background: The applicant orig inally proposed a more aggressive project that included the
construction of an elevated patio, larger proposed commercial additions and an overall
reduction in the quantity of landscaping. This proposal under went a preliminary review where a
number of concerns have been expressed by various Town departments and an outside urban
design consultant engaged to review the proposal with respect to adopted plans, including the
Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and De sign
Considerations. These concerns were largely focused on pedestrian safety resulting from the
removal of any refuge for pedestrians resulting from the proximity of the improvements to bus
travel way. The loss of valuable, mature landscaping was also ide ntified as a concern.
Staff Recommendation: Should the Vail Town Council choose to uphold the determination of the
Town of Vail Design Review Board, the following statement is recommended: “The Vail Town
Council finds as follows: The Vail Town Code was properly applied in regard to the January 19,
2019 Design Review Board approval of DRB17 -0390. Furthermore, the project consisting of a
minor building addition, exterior alteration and new outdoor dining patio, located at 100 East
Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, is consistent with Title 14,
Development Standards, of the Vail Town Code.”
Jonathan Spence, Planner, reviewed the appeal with council. The applicant originally proposed
a more aggressive project that included the constru ction of an elevated patio, larger proposed
commercial additions and an overall reduction in the quantity of lands caping. The proposal
under went a preliminary review where a number of concerns had been expressed by various
Town departments. Spence stated those concerns were largely focused on pedestrian safety
resulting from the removal of any refuge for pedestrians resulting from the proximity of the
improvements to bus travel way. The loss of valuable, mature landscaping was also identified
as a concern. The appellants, adjacent Village Inn Plaza Phase V property owners, expressed
the following concerns in their appeal:
The failure of the DRB members to review comments prior to vote
The pedestrian access being more narrowed on E. Meadow Dr.,
The fundamentally flawed process
The scope and scale of the patio area
The quality of guest experience
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Council asked how the safety concerns addressed. Spence explained the patio was pulled back
and Public Works engineer Tom Kassmel signed off on the new plans.
Richard Liebhaber, appellant, expressed his concerns on pedestrian safety and the negative
impacts would have on property owners. Liebhaber stated the approval process did not include
the impact the development would have on property owners such as the odors and noise from
the restaurant.
There were no further comments.
Foley made a motion to uphold the Design Review Board approval of DRB17-0390; Moffet
seconded the motion passed (7-0).
10. Adjournment
There being no further business to come befo re the council, Moffet moved to adjourn the
meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:28
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
April 2, 2019 - Page 61 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Global Friendship Exchange A greement between the Yamanouchi–Machi,
Nagano Prefecture, J apan and the Town of Vail, State of Colorado, United S tates of America
AT TAC H ME N TS:
Description
Global Friendship Exchange Agreement
April 2, 2019 - Page 62 of 196
GLOBAL FRIENDSHIP EXCHANGE AGREEMENT
BETWEEN THE YAMANOUCHI –MACHI, NAGANO PREFECTURE, JAPAN
AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA
The Yamanouchi-machi, located in the Nagano Prefecture, Country of Japan, and
the Town of Vail, of the State of Colorado of the United States of America, here in after referred to as
“the Parties”;
CONSIDERING their interest to strengthen the friendship ties and cooperation that join
both Parties;
ACKNOWLEDGING that the cities have the intention to develop collaborative activities,
under the law provisions of the United States of America and the Japan, with particular attention to the
terms related to culture;
DECLARING their decision to strengthen their relationship of collaboration through the
proper legal channels;
CONVINCED of the importance of establishing mechanisms that contribute to the
development and strengthening of bilateral cooperation, as well as the necessity to execute projects
and actions that are effective in the economic and social development of both Parties;
Have agreed to the following:
ARTICLE I
Objective
The objective of the Agreement is to formalize the global friendship exchange between
the Yamanouchi-machi, Nagano Prefecture, Country of Japan and the Town of Vail, of the State of
Colorado of the United States of America, to encourage bilateral cooperation, to intensify common
efforts, and to exchange experiences and the execution of common activities that contribute to the
development of both cities.
ARTICLE II
Areas of Cooperation and Modalities
To reach the objective of the Agreement, the Parties are committed to explore and
develop cooperative projects, specifically directed, but not limited to the following areas:
a) Education: Encourage the local school boards to share educational programs and
systems. Encourage the development of student exchange programs between the cities.
b) Cultural Exchange: Promote cultural, artistic and sports exchanges to advance the
understanding and enjoyment of each city’s cultural attributes, traditions and heritage.
c) Promotion of Tourism: Each party will promote the other Party through their
corresponding information office and/or the local tourism office, to make people aware of
the global friendship city’s sites.
April 2, 2019 - Page 63 of 196
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Global Friendship Exchange Agreement 04-2019
d) Environmental Cooperation: Both parties will share best practices to promote sustainable
development, promoting pollution prevention policies and practices and encourage
environmental education and research.
e) Any other area of cooperation that the Parties agree upon.
ARTICLE III
-Final Provisions
The Agreement shall enter into effect upon the date of its signature and shall remain in
effect for a period of one (1) year from the date of its signature and automatically renew for successive
one year periods, unless either party provides notice to the other of its intent to terminate the
agreement not less than thirty (30) days before the end of the then current period.remain in effect for a
period of one (1) year from the date of its signature. It may be renewed for an additional one (1) year
period, by acceptance by both Parties through prior written agreement.
(The Parties) hereby conclude a Memorandum of Understanding to promote specific
exchange programs based on the agreement
Signed in the Town of [_______], on the ____, of ____________2019, in two original
and official copies in the Japanese and English languages, both texts being faithful translations.
FOR YAMANOUCHI-MACHI
NAGANO PREFECTURE
COUNTRY OF JAPAN
____________________________
Yoshitaka Takefushi
Mayor
____________________________
Shuichi Abe
Governor
Honorary Witness
FOR THE TOWN OF VAIL
STATE OF COLORADO
UNITED STATES OF AMERICA
_______________________________
David Chapin
Mayor
Attest
Patty McKenny Tammy Nagel
Town Clerk
April 2, 2019 - Page 64 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Global Friendship Exchange Memo of Understanding ("MO U") between the
Yamanouchi–Machi, Nagano P refecture, J apan and the Town of Vail, S tate of Colorado, United
S tates of America
AT TAC H ME N TS:
Description
Global Friendship Exchange MO U
April 2, 2019 - Page 65 of 196
GLOBAL FRIENDSHIP EXCHANGE MEMO OF UNDERSTANDING (“MOU”)
BETWEEN THE YAMANOUCHI –MACHI, NAGANO PREFECTURE, JAPAN
AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA
Yamanouchi Town of Nagano Prefecture in Japan and Vail Town of the State of Colorado in the United
States of America (hereafter referred to as “Parties”) hereby agree to the following as part of a
friendship agreement promoting exchanges between the two Parties.
ARTICLE I
Competence
The Parties commit themselves to carry out the modalities of cooperation, referred to in
Article II of the Memo of Understanding (“MOU”) in accordance with their respective authorities and
subject to the political and economic laws and regulations of their respective Governments.
ARTICLE II
Annual Action Programs
In order to achieve the objectives of the MOU, the Parties agree to formulate, through
prior discussion, Annual Action Programs (AAP), which shall become an integral part of the MOU once
they are formalized.
The AAP shall be integrated with specific projects or activities and which must reference
each of the following aspects:
a) objectives and activities to develop;
b) work agenda;
c) profile, quantity and duration of the assigned personnel;
d) responsibility of each Party;
e) assignment of materials, personnel and financial resources;
f) evaluation mechanism; and,
g) any other necessary information.
The enforcement of this MOU is not conditioned by the Parties’ to establishment of PAA
in all the modalities of cooperation listed in paragraphs a) to e) of Article II, nor are they obligated to
collaborate in those activities where internal prohibitions exist, derived by law, institutional normative, or
customs.
The legal representative of each Party shall meet annually in person or at least hold one
yearly telephone conference in order to evaluate the results derived from the MOU and to propose new
guidelines for the development of projects of mutual interest.
The Parties shall produce progress reports of achievements based on the MOU and shall communicate
them to their corresponding government officials, as well as the bilateral departments in charge, as
determined by mutual MOU.
Both Parties will make their best efforts to formulate the first AAP within one hundred and
eighty (180) business days after the signing date of the MOU.
April 2, 2019 - Page 66 of 196
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Global Friendship Exchange MOU 04-2019
ARTICLE III
Additional Collaboration Proposals
In addition to AAP referred to in Article IV of the MOU, each Party may formulate
additional collaboration proposals, as they arise during the implementation of activities predetermined
through the AAP.
ARTICLE IV
Coordination and Follow-Up Mechanism
In order to establish a mechanism and criteria for the coordination, supervision and
evaluation of the activities carried out under the MOU, as well as to assure the best conditions for its
execution, a Working Group, integrated by representatives of both Parties, shall be established, and
coordinating each Parties activities the following areas:
- On behalf of Yamanouchi-machi , Nagano Prefecture, through the officials;
- On behalf of the Town of Vail, Eagle County, State of Colorado of United States of
America, through the Mayor and Town Manager of the Town.
The Working Group may meet periodically in a location agreed upon by the Parties or at
least hold one yearly telephone conference in order to evaluate the activities derived from the
application of the MOU. The Working Group shall have the following functions:
a) adopt the necessary decisions in order to carry out the objectives of the present MOU;
b) identify the areas of common interest in order to elaborate and formulate specific
cooperation projects;
c) orientate, organize and formulate relevant recommendations in order to fulfill the
activities of the MOU;
d) receive, review and approve, when applicable, the progress reports in the areas of
cooperation within the MOU; and,
e) any other functions that the Parties may agree upon.
ARTICLE V
Financing
The Parties shall finance the activities referred to in the MOU with the assigned
resources in their respective budgets according to the availability and terms of their legislation. Each
Party shall pay the expenses related to its participation, except in the case that alternate financial
mechanisms may be used for specific activities, if considered appropriate.
ARTICLE VI
Information, Material and Protected Equipment
The Parties agree that information, materials and protected equipment deemed classified
by national legislation for national security or foreign relations purposes of either Party, shall not be
subject to transfer within the MOU.
When undertaking activities pursuant to this MOU, any information, material and
equipment which require or could require protection and classification is identified, the Parties shall
inform the adequate authorities and establish in writing, the corresponding protective measures.
April 2, 2019 - Page 67 of 196
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Global Friendship Exchange MOU 04-2019
The transference of information, material and equipment, which is not protected or
classified, but which exportation is regulated by one of the Parties, shall be done according to the
applicable national legislation and should be identified, along with its intended use or subsequent
transference. If any of the Parties consider it necessary, measures shall be taken to prevent the non-
authorized transference or re-transference of such property.
ARTICLE VII
International Instruments
The cooperation referred to in the MOU shall not affect the rights and duties which the
Parties previously acquired under other international treaties and instruments.
ARTICLE VIII
Intellectual Property
If as a result of actions carried out in accordance with this MOU, products of commercial
value and/or rights of intellectual property are generated, these shall be governed by the applicable
national legislation, as well as the international conventions, which are binding for Japan and the United
States of America.
ARTICLE IX
Designated Personnel
The personnel assigned by each Party for the execution of cooperation activities derived
from the MOU, shall continue under the direction and dependence of the institution to which he/she
pertains, and shall not create any labor relation with the other Party, which in no case shall be
considered as a substitute employer.
Each Party shall carry out the corresponding necessary procedures under its respective
authorities in order to facilitate the entry and departure of its respective participants who are officially
involved in the projects derived from the MOU. Such participants shall be subject to the immigration,
tax, customs, sanitary and national security laws of the receiving country and may not partake in any
activity other than those pertaining to their functions, without the previous authorization of the
competent authorities in this field.
The Parties shall encourage that the personnel involved in such activities have medical,
liability and life insurance, so that, if damage results from such activities derived from the MOU, repair
or restitution shall be covered by the corresponding insurance company.
ARTICLE X
Participation of Other Institutions and Individuals
The Parties may include Non-Governmental Organizations or individuals from the civil
society in AAP.
ARTICLE XI
Disputes
Any difference or divergence derived from the interpretation or application of the MOU will give rise to
the early termination of the MOU, by means of a written notification of early termination sent by one
Party to the other Party.
April 2, 2019 - Page 68 of 196
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Global Friendship Exchange MOU 04-2019
ARTICLE XII
Final Provisions
The MOU shall enter into effect upon the date of its signature and shall remain in effect
for a period of one (1) year from the date of its signature and automatically renew for successive one
year periods, unless either party provides notice to the other of its intent to terminate the agreement not
less than thirty (30) days before the end of the then current period.. It may be renewed for an additional
one (1) year period, by acceptance by both Parties through prior written MOU.
The MOU may be modified by mutual consent of the Parties, by formalizing it through
written and signed communications and specifying the date of its entry into force.
The early termination of the MOU shall not affect the completion of ongoing APP,
formalized while it was in force.
Governmental Immunity. The Town and its officers, attorneys and employees are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or
any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys
or employees.
Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year
are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only
to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability
beyond the current fiscal year.
Signed in the Town of [_______], on the ____, of ____________2018, in two original
and official copies in the Japanese and English languages, both texts being faithful translations.
FOR YAMANOUCHI-MACHI
NAGANO PREFECTURE
COUNTRY OF JAPAN
____________________________
Yoshitaka Takefushi
Mayor
FOR THE TOWN OF VAIL
STATE OF COLORADO
UNITED STATES OF AMERICA
_______________________________
David Chapin
Mayor
Attest
Patty McKenny Tammy Nagel
Town Clerk
April 2, 2019 - Page 69 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C:
AT TAC H ME N TS:
Description
Town Manager Report
April 2, 2019 - Page 70 of 196
TOWN MANAGER REPORT -
April 2nd TOWN COUNCIL MEETING
Newsletter Date Nyigir
TOPICS
Legislative Update
Staff Updates
Open Space Committee
Town Council Retreat Dates
Legislative Update
Colorado Statewide Plastic Bag Legislation
The Colorado Revised Statutes (Section 25-17-104) purports to preempt local
governments from instituting prohibitions on plastic products within their
political subdivision. Last fall, the topic was raised at CML with a decision to
see the League work on a repeal of this statewide preemption language.
Driving the effort is the fact that at least nine jurisdictions in Colorado,
including the Town of Vail, have in fact enacted local ordinances that do
restrict the use of plastic bags, and related polices. Section 7 of CRS 25-17-
104 provides the following:
Local government preemption. No unit of local government shall require or
prohibit the use or sale of specific types of plastic materials or products or
restrict or mandate containers, packaging, or labeling for any consumer
products.
The above preemption has not been litigated to my knowledge, and it is likely
that those jurisdictions that have instituted plastic bag bans have done so
under home rule authority. The City of Aspen had its ordinance upheld by the
Supreme Court, but the issue was not statewide preemption, but rather the
implementation of a fee for paper bags that was challenged.
The CML board has since given staff approval to initiate legislation that would
authorize up to a full repeal of this statutory preemption. Efforts are currently
underway. I am part of an Ad Hoc Committee to help provide input into this
pursuit and will keep you apprised of its status.
Climate Action and GHG Emissions Inventory
The "Big Climate Bill" - HB 1261 - was introduced recently, setting state goals
for at least 26% reduction in GHGs by 2025, at least 50% by 2030, and at
least 90% by 2050, all compared to 2005 levels. It also gives the Air Quality
Control Commission broad latitude in developing policies and regulations to
pursue those goals. See media coverage: Colorado needs to lead: New
climate change bill seeks to cut carbon emissions, Denver Post, Mar. 21,
and Bold climate-action legislation for Colorado nears rollout; Polis, Speaker
Becker wrangle over mandates, Colorado Independent, Mar. 20.
And SB 96, the GHG emissions inventory and forecast bill that CC4CA is
spearheading (introduced by Senator Kerry Donovan), passed its first test by
clearing the Senate Transportation and Energy Committee. The current draft
of the bill aligns strongly with the CC4CA’s goals.
April 2, 2019 - Page 71 of 196
Town Manager’s Report Page 2
Chain and Traction Law
At the January 2019 I-70 Coalition meeting, there was a presentation by
CDOT related to efforts to bolster the current rules and regulations regarding
Traction Law and Chain Law. This is of course a very relevant topic for
communities like Vail, which see a significant frequency of highway closures
that are partially attributable to vehicles and trucks that are driving the
mountain passes without adequate traction.
The key proposed changes will affect the rules that are now codified in 2 CCR
601-14. The I-70 Coalition has supported these new rules by letter copied
below, dated February 7, 2019. Timing wise, and the reason for this update,
comments to CDOT related to the proposed new rules are being taken until
April 8th. Should the Town Council desire, the Town of Vail can provide its
comments by letter prior to such date. Otherwise, we are indeed referenced
as a member to the I-70 Coalition which has endorsed the proposed changes.
Pasted below is a side-by-side comparison of what the new rules will
accomplish. Should any Councilmember desire the full text of the rules, I can
forward those as well (8 pages).
April 2, 2019 - Page 72 of 196
Town Manager’s Report Page 3
April 2, 2019 - Page 73 of 196
Town Manager’s Report Page 4
Staff Updates
Guest Experience Collaborative
The group met on March 21st and hosted Alison Wadey with the Vail Chamber
& Business Association who gave a nice and thorough presentation on the
customer service training that the Chamber instituted this past season. We
made good progress in understanding the VCBA’s program, wins and lessons
learned, as we begin to identify opportunities to work with Alison and build on
the VCBA’s success. We will not be having our weekly meeting on March 28th
as many are traveling for spring break. The group will reconvene on April 2nd.
Related, Mia Vlaar will be attending the Mountain Travel Symposium.
April 2, 2019 - Page 74 of 196
Town Manager’s Report Page 5
Booth Falls Trailhead
We have now had multiple staff meetings internally, and we are having our
second meeting with the USFS on April 15th. Subsequent to that meeting,
and perhaps as early as April 16th, we will be informing the Town Council of
strategies and measures being pursued internally. Of course the discussion
will be inclusive of other stakeholders and neighborhood interests as time
marches on, but the short-term remedies now being formulated will likely be
well received by many. While much more detail will be coming to the Council
in the near future, the measures include:
• Temporary sanitation facilities at the trailhead
• Concierge Training
• On-street parking prohibition
• Trailhead transit shuttle
• Mapping
• Public Outreach
• Trail Monitoring
Recruitment
There is active recruitment currently taking place to fill positions in the Fire
Department, Human Resources Department, Environmental Sustainability
Division, and Economic Development Department. Stay tuned.
Open Space Committee
The 2018 Update of the Open Lands Plan includes an action item to reconvene
the Open Space Committee, which by Town Charter includes the Town Manager,
a Town Council member, and a member of the Planning and Environmental
Commission. Staff will include a request on the agenda of the next PEC meeting
that the Commission select a designee. Currently Jenn Bruno is the Council
member designee which was affirmed earlier this year. The objective of the
committee is to review the parcels that are recommended by the Open Lands
Plan for Designated Open Space zoning, or acquisition of private parcels for
environmental protection.
Town Council Retreat Dates
We will endeavor to establish retreat date(s) for the Town Council spanning the
next summer months. Please have your calendars ready.
April 2, 2019 - Page 75 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Resolution No. 14, S eries of 2019, A Resolution Adopting Gore Valley Trail
I nterpretive Plan as a Component of the Gore Creek S trategic Plan
P RE S E NT E R(S ): P eter Wadden, Watershed E ducation Coordinator
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Resolution No. 14, Series of 2019.
B AC K G RO UND: B ased on feedback received from Town Council at the March 19 meeting,
staff has updated the I nterpretive Plan to include recommendations on how the proposed
interpretive installations may be incorporated into the Vail A pp. The applicant, Town of Vail,
represented by Peter Wadden, Town of Vail Water Quality Education Coordinator, is requesting
approval from the Vail Town Council, pursuant to Section 12-3-7, A mendment, Vail Town Code, for
the adoption of the Gore Valley Trail I nterpretive P lan (the I nterpretive Plan) as a component of the
Gore Creek S trategic A ction Plan.
AT TAC H ME N TS:
Description
Gore Valley Trail Interpretive Plan Memo
Gore Valley Trail Interpretive Plan Recommended Resolution
Gore Valley Trail Interpretive Plan updated 3-21-19
April 2, 2019 - Page 76 of 196
TO: Vail Town Council
FROM: Community Development Department and Environmental Sustainability
DATE: April 2, 2019
SUBJECT: Resolution No. 14, Series of 2019, a resolution for the adoption of the Gore
Valley Trail Interpretive Plan as a component of the Gore Creek Strategic
Action Plan, and setting forth details in regard thereto. (PEC19 -0001)
Applicant: Town of Vail, represented by Peter Wadden, Town of Vail Water
Quality Education Coordinator
Planner: Jonathan Spence
I. SUMM AR Y
The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Water Quality
Education Coordinator, is requesting approval from the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for the adoption of the Gore Valley Trail
Interpretive Plan (the Interpretive Plan) as a component of the Gore Creek Strategic Action
Plan.
On February 25, 2019, the Planning and Environmental Comm ission (PEC) forwarded a
unanimous recommendation, for the adoption of the Gore Valley Trail Interpretive Plan ,
pursuant to Section 8 -3, Amendment Process, Vail Town Code. Please find the staff
memorandum to the PEC included as Attachment B and the minutes from the February 25th
meeting included as Attachment C.
Based on feedback received from Town Council at the March 19 meeting, staff has updated
the Interpretive Plan to include recommendations on how the proposed interpretive
installations may be incorporated into the Vail Ap.
II. ACTION REQUESTE D OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Resolution
No. 14, Series of 2019.
III. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Watershed
Education Coordinator, is requesting that the Vail Town Council, pursuant to Section 12-3-7,
April 2, 2019 - Page 77 of 196
Tow n of Vail Pag e 2
Amendment, Vail Town Code, for the adoption of the Gore Valley Trail Interpretive Plan as a
component of the Gore Creek Strategic Action Plan. The Interpretive Plan provides education
topics and enumerates education and outreach goals and objectives. It identifies specific
installations at specific locations that would help raise awareness in the community by
providing opportunities to engage with the unique natural features of Gore Creek, learn what
is being done to protect the creek, and where there are opportunities to do more.
IV. BACKGROUND
The Gore Creek Strategic Action Plan, adopted by Town Council in 2016, identifies
education and outreach as key strategies to raise community awareness to encourage
individuals to both take responsibility and action to restore aquatic health.
At the direction of Town Council to implement the educational outreach strategies outlined in
the Action Plan, staff worked to develop a plan for an interpretive installation along the Gore
Valley Trail in 2018. The interpretive design firm, Conservation by Design wa s selected to
help manage the stakeholder process and draft the Plan.
In July 2018, representing the consulting team, Melanie Pierson, a certified interpretive
planner and exhibit developer facilitated two interpretive messaging workshops with
stakeholders in Vail. Stakeholders involved in this process represented the Town of Vail, Vail
Nature Center, Walking Mountains Science Center, Eagle River Watershed Council, Vail
Resorts, Eagle River Water & Sanitation District and the Vail Public Library.
In addition to meeting with stakeholders, Ms. Pierson spent time assessing the trail and other
relevant interpretations in the area. The Gore Valley Trail, often locally referred to as the
“bike path,” is a 12-mile trail that winds along Gore Creek through the length of the Town of
Vail and up Vail Pass. The busiest stretches of trail see as many as 1,000 users on a
summer day. Both locals and guests, of all ages, use the trail for a wide range of activities
that include serious endurance pursuits to casual do g walking. The popularity of the trail
among the community and its proximity to Gore Creek make it an ideal location for targeted
educational outreach exhibits. that reach a variety of community members, from locals to
guests and serious endurance athletes to casual dog walkers.
V. REVIEW CRITERIA
The adoption of a new plan needs to be in concert with the Town of Vail’s existing Gore
Creek Strategic Action Plan, other adopted plans which make up the Comprehensive Plan,
and Town Zoning Code. The adopted plan shall support, strengthen, and further the
objectives of the town. The Gore Valley Trail Interpretive Plan: (a)establishes education and
outreach goals, (b) provides objectives, (c)describes specific interactive installations that will
engage trail users in the Gore Creek ecosystem and (d) provides resources to trail users
about what they can do to help Restore the Gore. In reviewing the proposed Interpretive
Plan, staff considered the applicable goals and objectives of the following:
• The Vail Land Use Plan;
April 2, 2019 - Page 78 of 196
Tow n of Vail Pag e 3
• Vail Environmental Sustainability Strategic Plan (2009);
• Gore Creek Strategic Action Plan (2016);
• Town Council Action Plan (2018-2020);
• Zoning Code
Vail Land Use Plan
The goal statements which staff believes are applicable and supportive of the review and of
the Interpretive Plan are as follows:
1.1 General Growth/Development
1.2 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 the environment including air, water and other natural resources
should be protected as the Town grows.
1.4 The quality of development should be maintained and upgraded whenever
possible.
1.13 Vail recognizes its stream tract as being a desirable land feature as well as its
potential for public use.
Gore Creek Strategic Action Plan (2016)
Elements that staff believes are applicable and supportive of the review and adoption of the
Interpretive Plan are as follows:
Activities such as lawn-care workshops, friendly competitions and increasing
informational signage will help reach full-time residents, part-time residents, and
visitors at different locations across town and during critical periods throughout the
year.
Partner with existing non-profit organizations . . . to organize, manage and implement
education and outreach activities that increase basic riparian literacy and
familiarity with best management practices for creek friendly landscaping practices.
Include an explanation as to how riparian vegetation can prevent property loss to the
stream.
The Gore Creek Strategic Action Plan identifies education and outreach as key strategies in
the effort to Restore the Gore. Among the specific education and outreach objectives the
plan identifies are several that lend themselves well to an interpretive installation.
Partner with existing non-profit organizations to organize, manage and implement
education and outreach activities that increase basic riparian literacy and familiarity
April 2, 2019 - Page 79 of 196
Tow n of Vail Pag e 4
with best management practices for creek friendly landscaping practices. Include an
explanation as to how riparian vegetation can prevent property loss to the stream.
Offer educational opportunities for homeowners, contractors, HOAs, landscaping
companies, and commercial businesses to obtain more information about BMPs for
yards and gardens and other creek side landscapes. See that these educational
opportunities include discussions of water conservation, permeability, and retention
practices for lawns and gardens.
Stormwater Basics - Discuss importance of stormwater management and identify
common urban runoff pollutants. Provide guidance for protecting water quality on
residential, municipal, and commercial properties.
Watershed Background - Provide maps of the watershed that identify land uses,
surficial geology, impervious areas and major tributaries to Gore Creek. Discuss prior
efforts in watershed planning, historical and current water quality in Gore Creek.
Pollution Prevention - Discuss what to watch for and ways to help. Link to relevant
municipal resources, identify contact(s) to report problems.
Provide information about pet waste, lawn and garden, vehicle maintenance,
household hazardous waste, storm drain protection, and opportunities to get involved
at the individual level.
Vail Environmental Sustainability Strategic Plan (2009)
Goals and objectives staff believes are applicable and supportive of the review and adoption
of the Interpretive Plan are as follows:
Goal 3: Ensure that the natural environment, specifically air and water quality, water
quantity, land use and habitat are maintained to current or improved levels of biological
health.
Objective 1. Maintain Gore Creek watershed as a Gold Medal Fishery, while
working to maintain tributaries; meet and/or exceed aquatic life standards set by
the state of Colorado through the management of urban stormwater.
Goal 5: Increase public education and awareness, communication and environmental
stewardship in the Town of Vail.
Town Council Action Plan (2018-2020)
Initiatives and goals staff believes are applicable and supportive of the review and adoption
of the Interpretive Plan are as follows:
Initiatives
Pursue measures to meet requirements of Sustainable Destinations certification
Public outreach and ongoing education relating to Town initiatives
April 2, 2019 - Page 80 of 196
Tow n of Vail Pag e 5
Goals
Implementation of Gore Creek Plan
Zoning Code
The general and specific purpose statements which staff believes are applicable and
supportive of the review and adoption of the Interpretive Plan are as follows:
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
5. To conserve and maintain established community qualities and economic
values.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds that the proposed Gore Valley Trail Interpretive Plan supports and furthers the
objectives of the Town and is in concert with the Gore Creek Strategic Action Plan and the
Vail Town Zoning Code.
VI. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Resolution No. 14, Series of 2019, the
Community Development Department recommends the Council pass the following
motion:
“The Vail Town Council approves, Resolution No. 14, Series of 2019, a resolution for the
adoption of the Gore Valley Trail Interpretive Plan as a component of the Gore Creek
April 2, 2019 - Page 81 of 196
Tow n of Vail Pag e 6
Strategic Action Plan, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Resolution No. 14 Series of 2019, the
Community Development Department recommends the Council m ake 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 February 25, 2019, and the
evidence and testimony presented, the Town Council finds:
1. That the Gore Valley Trail Interpretive Plan is consistent with the adopted
goals, objectives and policies outlined in the Gore Creek Strategic Action Plan
and advances the development objectives of the town; and
2. That the Gore Valley Trail Interpretive Plan is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and
3. That the Gore Valley Trail Interpretive Plan 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.”
VII. ATT ACHMENTS
A. Resolution No. 14, Series of 2019
B. Staff Memorandum, PEC19-0001, February 25, 2019
C. PEC Minutes, February 25, 2019
D. Gore Valley Trail Interpretive Plan
April 2, 2019 - Page 82 of 196
Resolution No. 14, Series 2019
RESOLUTION NO. 14
Series of 2019
A RESOLUTION ADOPTING THE GORE VALLEY TRAIL INTERPRETIVE PLAN
AS A COMPONENT OF THE GORE CREEK STRATEGIC PLAN
WHEREAS, in 2016 the Town Council adopted the Gore Creek Strategic Plan
which aims to “ensure that Gore Creek is an outstanding example of environmental
quality, recreation and wildlife habitat in a world-class resort community”;
WHEREAS, the Gore Creek Strategic Plan identifies education and outreach,
increased water quality literacy and improved educational signage as key components of
the effort to restore Gore Creek;
WHEREAS, the Gore Valley Interpretative Plan identifies specific topics and
locations for educational exhibits designed to increase awareness and water quality
literacy among community members; and
WHEREAS, On February 25, 2019 the Planning and Environmental Commission
forwarded a unanimous recommendation for adoption of Gore Valley Trail Interpretive
Plan to the Town Council.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby adopts the Gore Valley Trail
Interpretive Plan as a component of the Gore Creek Strategic Action Plan, attached hereto
as Exhibit A.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2nd day of April, 2019.
_________________________
Dave Chapin,
Town Mayor
ATTEST:
_____________________________
Tammy Nagel,
Town Clerk
April 2, 2019 - Page 83 of 196
CONSERVATION BY DESIGN
Interpretive Plan
Final Draft • December 2018
Gore Valley Trail • Vail, CO
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Table of Contents
2
BACKGROUND ................................................................................................................................................... 3
About Gore Valley Trail
About the Project
Who Will Use This Plan?
OUR PROCESS ..................................................................................................................................................... 7
A BOUT THE VISITORS .................................................................................................................................. 8
Who Visits the Trail?
Summer Tourism
Vail Demographics
Visitor Needs and Expectations
Target Audiences for Interpretation
WHY INTERPRET? ............................................................................................................................................. 11
What Interpretive Goals and Objectives Do
Interpretive Goals and Objectives for Gore Valley Trail
INTERPRETIVE THEMES & STORYLINES ........................................................................................... 14
Central Theme
Sub-Themes and Storylines
EXISTING INTERPRETATION ...................................................................................................................... 16
Along the Trail
In Vail
Analysis
A VISION FOR THE VISITOR EXPERIENCE ....................................................................................... 19
RECOMMENDATIONS .................................................................................................................................... 26
Visitor Experience Guidelines
Design Criteria
General Parameters
Media Matrix
APPENDICES ............................................................................................................................................................ 33
A—Demographics
B—Proposed Story Station Locations
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3
Background
ABOUT GORE VALLEY TRAIL
The Gore Valley Trail is a paved 12-mile trail located in the heart
of Vail, CO. Open to pedestrians and cyclists, this multi-use
trail consists of a combination of trail, bike lanes, and residential
streets. The trail parallels Gore Creek as it passes through open
space, parks and recreation facilities, and Vail’s core village areas,
and connects to other trail systems on the east and west ends.
The trail is a high-profile travel way in a busy resort town. Major
destination/activity centers along the trail include Ford Park and
the Nordic Center.
In 2012, Gore Creek was listed as an impaired waterway by the
Colorado Department of Health and the Environment due to
declining macroinvertebrate populations. According to the 2015
Gore Creek Strategic Action Plan, the nature of the impairment is
caused by three known causes of degradation:
• Pollutants from land use activities, commonly called urban
runoff;
• Drainage from impervious surfaces; and
• The loss of riparian and streamside vegetation (which provides
a filtering and erosion control effect).
Gore Valley Trail connects to Gore Pass east of Vail
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4
Background
Donovan Park
Public Library VailVillage Ford Park
Pond
LionsheadVillage
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5
Background
ABOUT THE PROJECT
In response to the water quality impairment listing, the Town of
Vail initiated Restore the Gore, an education campaign designed
to raise awareness and foster community engagement to restore
Gore Creek. The town has developed educational programming,
advertisements and videos, and hosted events to spread the
message in the community that all residents and guests need
to work together to restore Gore Creek. Now, the Town of
Vail is working to expand its education efforts by implementing
interpretation along the high traffic Gore Valley Trail.
The Town of Vail commissioned the consulting firm Conservation
By Design, Inc. (CBD) to conduct an interpretive planning process
and develop recommendations that will guide the implementation
of interpretation along the trail.
What is a Macroinvertebrate?
Macroinvertebrates are organisms that live underwater in
our rivers and creeks. They lack a backbone, can be seen by
the naked eye, and are food for our native and sport fish.
We learn a lot about the health of our creek by monitoring
the numbers and types of macroinvertebrates who live in it.
Why Do They Matter?
Some macroinvertebrates need good water quality—like
high dissolved oxygen levels and clear waters—to survive.
If we find these types of organisms, we know our creek is
healthy.
Other organisms aren’t sensitive to pollution levels. If we find
these pollution-tolerant species, we know our creek’s water
quality might be in trouble.
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Background
WHO WILL USE THIS PLAN?
Town of Vail staff, partners and contractors will refer to this plan,
use it and adapt it as conditions evolve and specific interpretive
projects are funded and get underway.
The plan provides guidelines for the writers, interpreters,
landscape architects, exhibit developers, graphic designers,
interactive designers and exhibit fabricators who are responsible
for its implementation.
What Is Interpretation?
“a mission-driven communication process that
forges intellectual and emotional connections
between the interests of the audience and the
inherent meanings of the resource.”
—National Association for Interpretation
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Our Process
The project began in June 2018 with review of background
information. Representing the consulting team, certified
interpretive planner and exhibit developer Melanie Pierson
conducted a site visit in July 2018. During the site visit,
she facilitated two interpretive messaging workshops with
stakeholders, and spent time assessing the trail and other relevant
interpretation in the area.
This document captures the analysis undertaken during the
planning process, and findings related to interpretation and the
visitor experience. It considers the significance of the creek and
restoration program, along with trail use patterns to provide a
roadmap for cost-effective, visitor-relevant and theme-driven
interpretation that adds value to the quality of the visitor
experience in Vail.
The process of interpretive planning holds the visitor experience
central, considering the following questions:
• W hy do visitors use the Gore Valley Trail?
• Can they find the trail?
• W here/how can trail users get information about Gore Creek
and its key messages?
• W hat are those key messages?
• Can trail users find their way around?
• W hat will trail users want to do, feel, learn and experience
during their visit? What do stakeholders hope that trail users
will do, feel, learn and experience?
• How can the Town of Vail accomplish the interpretive goals
identified herein in the most cost-effective manner, considering
long-term costs, visitor trends, and sustainable values?
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About the Visitors
Effective interpretation is enjoyable and relevant to visitors’ lives. In
order to provide experiences that are enjoyed by our trail users,
we must first understand their needs, expectations, knowledge
base and values. For the purposes of this interpretive planning
process, “trail user” or “visitor” refers to all categories of people
who utilize Gore Valley Trail, including residents, employees and
guests visiting Vail.
WHO VISITS THE TRAIL?
While an official count of trail users has not yet been conducted,
project stakeholders categorized the following types of trail users:
Residents (full-time and part-time)
Often consisting of family groups, these trail users are often
seen picnicking, walking, riding bikes, fishing, and relaxing or
playing creekside. Dogs and strollers are common sights on
the trail. Residents often use the trail as a commuting and/or
fitness route but tend to avoid it during heavy tourist times.
Employees of various establishments often visit the trail during
workday breaks, and many locals include the trail as a “must-
see” experience with out-of-town family and friends. The
Gore Valley Trail also provides access to the Vail Pass east of
Vail. Anecdotal evidence provided by project stakeholders
suggests that part-time residents are less likely than full-time
residents to speak English as a first language and are often
retirees.
Guests
Guests from out of town often use the trail in family groups
but are less likely to have dogs with them or speak English as
a first language. These non-residents don’t fully understand
what the trail has to offer, and often utilize their smartphone to
get information or find their way. Many guests also stop in to
the public library to ask for information. These trail users may
have a fear of getting lost while on the trail. Traveling the Gore
Valley Trail is a popular way to experience Vail. Many guests
rent bicycles or Segways during their time in Vail. Stakeholders
described the following seasonal trends in visitation to Vail: a
larger ratio of families in summer, retirees in spring and fall, and
younger active sports enthusiasts in winter.
Project stakeholders further generalized trail users as highly
educated with a higher socioeconomic status, and likely to be
athletic or have some connection to the outdoors. Based upon
their interactions with trail users (whether residents or guests),
some stakeholders described trail users as being generally
unaware of the concepts of drought, watersheds, water quality,
and water law and use in the West.
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About the Visitors
SUMMER TOURISM
Tourism is the primary driver of Vail’s economy, and while much of
the industry is based on winter sports, summer visitation has seen
an increase in recent years with the opening of Epic Discovery, an
on-mountain adventure experience at the top of Vail Mountain.
Summertime events and festivals add to the draw.
A report1 summarizing 2017 summer guests and tourism trends
notes that more than a third of survey respondents were first-time
visitors to Vail. For repeat summer visitors, Colorado residents
usually visit annually and typically only in summer. Out-of-state
visitors (including international) often tend to be repeat summer
visitors, as well.
The desire for a recreation and leisure vacation experience
was the primary motivation for the trip, while Millennials (age
18-34) were more likely than other age groups to visit Vail to
attend a special event, such as a festival or concert. Respondents
participating in the 2017 intercept survey cited rest and relaxation
and time spent in nature as the top two experiences in Vail (49%
and 37%, respectively)—both an increase over the previous year.
1 “Vail Summer Intercept Survey 2017 Results”, prepared by RRC Associates, Boulder, CO.
VAIL DEMOGRAPHICS
According to U.S. Census data, the town of Vail has an estimated
population of 5,483 in 2017, a 3.4% increase since 2010. Nearly
13% of residents are under 18 years old, while an equal number
are 65 or older. The median value of homes in Vail is $556,600—
more than double the median value of homes across Colorado.
The majority of those homes (62.8%) are owner occupied.
In general, the Vail population is educated and middle class.
Nearly all of Vail’s residents over the age of 25 had a high school
diploma (91%), while nearly two-thirds have earned a bachelor’s
degree or higher (59.1%). The per capita income in 2016 was
$45,764—more than a third higher than per capita income across
Colorado.
See the Appendix for demographic statistics.
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About the Visitors
VISITOR NEEDS AND EXPECTATIONS
When planning and designing visitor experiences, it is important
to remember that visitors need to know where they are and what’s
expected of them. As psychologist Abraham Maslow outlined in
1954, people need to have their basic needs met—food, water,
safety, and security—before they can attend to personal growth
or take in new information.
Restrooms, wayfinding and orientation, and etiquette information
all play into creating an environment where visitors are relaxed
and able to receive information. Visitors need to feel welcome,
comfortable, and clear about how they should interact with
the site. Any facilities that are open to the public must be well
maintained, sanitary, and safe.
TARGET AUDIENCES FOR INTERPRETATION
The most effective interpretive products are those that are
tailored for a specific audience. Although the trail will offer
interpretation to all trail users, several groups have been identified
by stakeholders as important audiences to target. Interpretive
media should be shaped to address their interests and needs.
Local Residents
These repeat, local trail users would benefit from interpretation
that compels them to have greater appreciation for Gore
Creek, know that it is a fragile ecosystem and to think of the
creek when making day-to-decisions that might affect it. Locals
would also benefit from changing and/or user-contribution
components.
Guests
These visiting trail users would benefit from interpretation that
emphasizes the importance of healthy waterways in general
and inspires them to act to protect waterways no matter where
they are—in Vail or their own community.
The Gore Valley Trail is most used during the summer season.
While some sections are plowed in winter, trail-side exhibits will
be designed for use in summer.
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Why Interpret?
Interpretation is purposeful and mission-based. It offers
experience-based learning opportunities that increase awareness,
build personal connections with a place and its resources, and
foster stewardship behaviors.
Information alone, however, doesn’t inspire these changes.
Merely understanding a topic isn’t enough. To be effective, new
information must spark insights and connections that are directly
relevant to a trail user’s life, interests and values. Interpretation
addresses both the intellectual and emotional realms of the visitor.
WHAT INTERPRETIVE GOALS AND
OBJECTIVES DO
Interpretive goals and objectives provide guidelines for
developing interpretive products and services. They also provide
metrics with which to evaluate their effectiveness. They address
both the values guiding the interpretation, and the impacts that
interpretation can have on targeted audiences.
Interpretive Goals and Objectives
Interpretive goals and objectives are statements that
articulate the intended purposes and objectives of
interpretive activities. Goals encompass what management
wants interpretation to do for a site, its visitors, and the
community. Goals should guide the planning process
from the outset. Objectives describe the specific desired
changes we wish to inspire in our visitors. Objectives,
therefore, should describe visitor behavior and be
expressed in measurable terms.
Goals:
• State what it is you expect interpretation to do for the
organization
• May be short-term or long-term
• Are stated using terms like “enhance understanding,” “increase
awareness,” and “foster stewardship”—generally not easy to
measure.
Objectives:
• Are stated in specific and measurable (either qualitatively or
quantitatively) terms describing visitor behavior or performance
• Provide details about how goals will be accomplished
• Lay the groundwork for accurate and meaningful evaluation of
interpretive experiences
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To ensure interpretation serves the interests of trail users and
project partners, trail stakeholders conceptualized the following
goals for interpretation and the visitor experience in July 2018.
To chart progress toward these goals, specific visitor objectives
have also been developed. At minimum, these metrics can and
should guide content development and design and keep project
management on track. Success upon installation, as evidenced by
these metrics, can be determined through evaluation. Evaluation
strategies might include observation and visitor surveys (whether
stand-alone or as part of the town-wide survey conducted
annually).
Visitor objectives are more specific than goals and, to the extent
possible, are measurable. They spell out what we want visitors
to know, feel and do as a result of visiting the Gore Valley Trail.
Objectives provide details about how goals will be accomplished
and can be developed to a variety of levels. Here, we emphasize
qualitative objectives, revealing intangible values.
INTERPRETIVE GOALS AND OBJECTIVES FOR GORE VALLEY TRAIL
INTERPRETIVE GOAL 1: Increase public knowledge of and
appreciation for Gore Creek and why it is important.
Objective A: Trail users will understand that Gore Creek is
part of the Colorado River watershed.
Objective B: Trail users will understand that riparian
ecosystem s—and the plants and animals that live within
them—exist in a fragile state of balance.
INTERPRETIVE GOAL 2: Develop understanding of threats
to water quality on Gore Creek and strengthen support for its
protection and restoration.
Objective A: Trail users will understand that humans and
the environment are interconnected, and that there are
impacts on Gore Creek from living and visiting in this valley.
Objective B: Trail users will be able to cite at least one
threat to water quality in Gore Valley.
Objective C: More than half of trail users will express
support for Gore Creek restoration efforts.
Objective D: Trail users will understand that access or
activities may sometimes be restricted as a means of
protecting Gore Creek.
Objective E: Trail users will understand that a partnership
of organizations are working together to monitor and
restore Gore Creek.
Why Interpret?
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13
INTERPRETIVE GOAL 3: Foster a sense of individual and shared
responsibility for the health of Gore Creek with residents and
guests, resulting in an increased sense of stewardship.
Objective A: Trail users will feel compelled to act to
protect water quality in Vail and their own community and
know at least one thing they can do to make a difference.
Objective B: Trail users will understand that their lifestyles,
actions and values have impacts on the natural world.
Objective C: Trail users will feel an increased intellectual or
emotional connection to Gore Creek and will demonstrate
that connection by becoming a repeat visitor and/or
participating in a follow-up activity in person or online1.
Objective D: Trail users will feel like they are participating
in protecting Gore Creek and will stay on the trail and out
of closed areas.
Objective E: Residents will feel an increased sense of pride
in their community and creek.
Objective F: Trail users will express a desire to return to
Gore Creek.
1 In-person follow-up activities might include participation in creek-based recreation, resto-
ration and/or stewardship activities, and participation in other natural heritage interpretation
opportunities. Online follow-up activities might include visiting a website for additional
information, participating in an electronic survey, making a pledge to take action, or signing
up to receive additional information, for example.
INTERPRETIVE GOAL 4: Maintain a range of communication
methods in order to appeal to visitors with varying learning styles.
Objective A: Trail users will have the opportunity to
engage in hands-on, dynamic interactive experiences in a
natural environment.
Objective B: Trail users will have the opportunity to interact
with high quality interpretive products that utilize consistent
messaging and graphic styles.
Objective C: Repeat trail users will notice and seek out
changing interpretive content.
Objective D: Interpretive structures will be designed to
harmonize with the surrounding natural environment.
Objective E: Interpretation along the trail should be
designed as a non-linear experience.
INTERPRETIVE GOALS AND OBJECTIVES FOR GORE VALLEY TRAIL
Why Interpret?
KEY TERMS
Riparian—relating to wetlands adjacent to rivers and
streams.
Watershed—an area or region drained by a river, river
system, or other body of water.
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14
Interpretive Themes & Storylines
Interpretation is thematic. It tells one powerful, compelling story
using a multitude of smaller illustrative stories. Themes are like the
plot to the movie, or the moral of the story. That one central story
should be compelling, relevant, and reveal the uniqueness and
significance of the site. It should also be memorable. Social science
research shows that information organized around a central theme
gets more attention, keeps visitors focused, and creates messages
that stay in the mind (and heart) long after a visit is over.
This theme structure creates the framework for the interpretive
messages. As the project evolves and develops, storylines will be
fleshed out and added to, but should support the hierarchy of
messaging established herein.
The following theme statements are for internal administrative and
communications planning use and are not intended as marketing
slogans or exhibit content as shown. Further refinement, editing,
and crafting of text for the visitor is a later process that occurs
during the development of specific interpretive products and
programs.
CENTRAL THEME
Gore Creek is home to a dynamic and diverse web
of life that includes and is impacted by you.
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1. We all depend on this water.
a. Gore Creek supports plants and animals, large and small.
i. Biodiversity reflects the health of our landscapes and
waterways.
ii. Animals have basic survival needs, just like people.
iii. Plants provide food, shelter and shade.
b. Water is essential for human survival.
i. Gore Creek is part of the headwaters of the Colorado
River, an important water source for 40 million people.
ii. Gore Creek recharges the aquifer that serves as Vail’s
drinking water supply.
iii. Gore Creek is an important part of the character that
attracts people to Vail.
SUB-THEMES AND STORYLINES
2. A healthy creek requires active care.
a. We impact the creek by being here.
b. We monitor creek health.
c. We work together to minimize the risks to creek health.
i. We reduce our use of pollutants and interrupt pollutants’
path before entering the creek.
ii. We use permeable surfaces that allow stormwater to soak
into the ground.
iii. We promote riparian and streamside vegetation
that stabilizes streambanks, prevents erosion and filters
stormwater and runoff before it enters the creek.
iv. We stay on the trail and respect area closures to protect
restoration efforts and progress.
d. Your actions make a difference in your community.
Interpretive Themes & Storylines
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16
Throughout the sites surveyed in and
around the Gore Valley Trail, where
interpretation exists, products generally
focus on individual plant and animal
species (as in, “Who lives here?”). Details
are provided below.
ALONG THE TRAIL
The trail is both a travel way and a
destination in itself. Trail users can be seen
accessing the creek, walking, picnicking,
jogging, cycling, and generally enjoying
the trailside environment. The trail
provides connection between a number
of significant destinations, including the
villages of Vail and Lionshead, and several
public parks and attractions. The trail
crosses the creek many times via bridges.
To the west, Donovan Park features
soccer fields and playgrounds, and hosts
weddings at the pavilion. This location is a
popular spot where locals park and get on
the free shuttle bus to other Vail locations.
The section of trail between Hotel Talisa
and the creek is popular among hotel
guests, and features access to the western-
most ski lift up the front side of Vail
Mountain.
Just upstream from the wastewater
treatment plant (west of the Lionshead
gondola) is a section of creek that sees a lot
of spawning brown trout in the fall. There
is an excess of social trails accessing the
creek here, which the Town of Vail plans to
restrict creek access to. Work will include
hardening a designated access point and
revegetating the streambank. The nearby
foot bridge receives a lot of skier traffic.
At the welcome center in Lionshead
Village, an interior exhibit interprets
animals that rely on Gore Creek and
appeals to visitors to help protect its water
quality.
Across the trail from the public library lies
a high use picnic area, as well as an existing
revegetation project where a small sign
identifies riparian habitat and the actions
Brown trout often spawn just upstream of the
wastewater treatment plant
An interior exhibit at the Lionshead Village
welcome center interprets animals that rely on
Gore Creek
Existing Interpretation
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17
that homeowners should avoid. Inside the
library, a display case features seasonally
changing exhibits.
In Vail Village, the popular Whitewater
Park is a high traffic focal point on Gore
Creek. Here, paddlers compete in a series
of racing events held each spring runoff
season. Metal silhouettes of paddlers and
skiers are attached to the bridge railing. An
adjacent promenade features grass and
hardened creek access in the village, and a
pocket park on Mill Creek features several
creekside benches. At the covered bridge,
a visible storm drain empties into the creek.
Ford Park features a number of creekside
visitor attractions, including the Betty Ford
Alpine Gardens and education center, Ford
Amphitheater, Nature Center, playground
and a variety of athletic fields and courts.
The Back to Nature trail invites children
to play and interact near the creekside,
where a series of interpretive panels
discuss the impacts of mountain pine
beetles, plant and animal species found in
Gore Creek, wetlands and riparian areas,
and macroinvertebrates. The panels invite
readers to think about how they can keep
Gore Creek clean. As of summer 2018, the
education center features an interactive
riparian exhibit that invites visitors to build
a beaver dam outside. Inside, exhibits
sponsored by various community groups
feature interpretation regarding riparian
areas and associated species, Vail history,
and alpine ecology. One display features a
microscope with a viewing monitor to allow
close-up viewing of macroinvertebrates
collected in Gore Creek. A virtual reality
rafting exhibit was also in development
during the site visit.
At the nature center, trailside signage
highlights riparian wildlife species. Inside
the building, exhibits feature taxidermy
mounts with labels. Charming yet outdated
exhibits highlight the food web and shelter
needs of various species, get specific
on beaver facts, clarify the difference
between different bear species, and
introduce the various types of trees seen
Upstream from Vail Village, a highly visible
storm drain empties into Gore Creek
Macroinvertebrates can be examined through
the microscope at the Betty Ford Alpine Gardens
Education Center
Existing Interpretation
April 2, 2019 - Page 100 of 196
18
in Vail. Additional interior exhibits discuss
composting and recycling.
Upstream, near the east end of the golf
course, a number of benches provide a
place to rest and take in views of a pond.
The pond, popular with dog walkers, is
home to beaver activity and the boreal
toad (listed as endangered by the state
of Colorado). In spite of these features,
etiquette signage is currently not available.
Throughout high traffic locations along
the trail, commissioned illustrations
encourage visitors to refrain from dumping
anything down the storm drains, as they
flow directly to Gore Creek. Additionally,
signage located at revegetation projects
warns trail users to keep out of these
sensitive sites.
IN VAIL
At the top of Vail Mountain, accessed via
the Eagle Bahn gondola, visitors learn about
regional wildlife species in the Nature
Discovery Center, where they can also sign
up for hikes and guided tours year-round.
Open during summer, Epic Discovery
features zip lines, tubing, rope courses, a
mountain coaster and other mountaintop
adventure experiences. An associated
short family-friendly walking trail features
interactive exhibits that identify landmarks
and interpret forest ecology and individual
plant and animal species.
The Town of Vail provides a mobile app
for visitors, featuring information about
shopping, dining, parking, road conditions,
and events, along with a “Find My Friend”
feature. Heritage information is not
currently addressed.
ANALYSIS
As described previously, existing
interpretation surveyed throughout
Vail focuses in on individual plant and
animal species. This project could help
bring cohesion to the visitor experience
by focusing on interpretation of larger
concepts that tie together the individual
species and emphasize the similarities to
humans’ basic needs.
At Epic Discovery, exhibits focus on
regional plant and animal species
This interactive exhibit interprets
a mule deer’s keen sense of hearing
Existing Interpretation
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19
In order to chart a road map for
interpretation along the Gore Valley Trail,
we must first define the optimal visitor
experience.
While themes focus on what targeted
audiences will learn as a result of
interpretation along the tail, the visitor
experience narrative explores what
audiences will do.
We envision a high-functioning, fully
developed interpretive program as follows:
A Vision for the Visitor Experience
Overall Niche
Gore Valley Trail is an essential element
in the Vail experience and teems with
activity. It is the high traffic spine of the
community that connects individual sites
and emphasizes the role of water as the
foundation of all life, weaving together
the stories of all species. Visitors approach
the trail and its interpretation in a non-
linear fashion, accessing different parts of
the overall message individually and at
different times.
Locations and content of interpretive
installations are incorporated into the
town’s mobile app, while visitors who view
the installations along the trail are made
aware of the town’s mobile app.
eventually, all things run
into one, and a river runs
through it.”
“
—Norman Maclean, author
April 2, 2019 - Page 102 of 196
Iconic story stations
incorporate thematic cut-outs ,
graphic panels, and, in some cases,
interactive elements
20
A Vision for the Visitor Experience
Water is Life Story Stations
These iconic story station exhibits are
located at numerous locations along the
trail and convey the consistent message
that water is life. With a recognizable
icon and a consistent graphic style and
shape, these exhibits explore the facets
of our relationship with water, reinforcing
awareness of water throughout our
visitors’ lives.
In the upstream reach (no further than
the East Vail interchange/exit 180 on
Interstate 70), story stations explore
the ways in which we are dependent
on water—all the ways we use it in our
lives, the animals that depend on it, and
how it’s so important to the economy
in Vail. Interactive elements might
include spotting scopes (ideally with
magnification) fixed on the highest
point in the watershed, or the
beaver lodge constructed in the
pond.
Low profile story station option
April 2, 2019 - Page 103 of 196
21
A Vision for the Visitor Experience
In the midstream sections, story stations
interpret the necessity of good water
quality for all, and how we gauge and
monitor it. Interactive elements might
include a stream gauge that depicts various
flow levels, and a walkover watershed map
in Ford Park or the Gore Creek Promenade
that shows our position in the watershed
and its significance.
A spotting scope directs the eye to a
stream gauge embedded in the streambed.
We’ll explore options for cutting the
measurement gauge into a custom shape
(such as a fish jumping - not pictured).
A walkover map designed in
concrete allows the trail user
to visualize the watershed and
their place in it.
April 2, 2019 - Page 104 of 196
22
A Vision for the Visitor Experience
In the downstream section (no farther than
Donovan Park), story stations explore how
we care for the creek, and interpret our
efforts to reduce pollutants and increase
streamside vegetation. Interactive elements
might include a filtration model.
A low tech interactive element helps visitors visualize the
concept of water filtration.
April 2, 2019 - Page 105 of 196
23
A Vision for the Visitor Experience
Thematic Site Infrastructure
Throughout the trail, at high profile traffic
locations, custom cast storm drain grates1
incorporate the themes and remind visitors
to avoid polluting the creek. Cast tree
grates and custom cut-out railings along the
trail reinforce the interpretive themes and
elevate the awareness of Gore Creek and
Vail’s commitment to achieving outstanding
water quality.
1 Any drain grates will be coordinated with the Town of
Vail’s roads department to ensure compliance with applica-
ble engineering standards.
Consider installing custom drain grates to
make watershed awareness a permanent fixture.
April 2, 2019 - Page 106 of 196
24
A Vision for the Visitor Experience
Picnic Areas
At least one location along the trail offers
the opportunity for interpretive picnic
tabletops. A series of thematic picnic tables
located near the public library features
interpretive tabletops highlighting the food
web— “A Bug Buffet,” for example.
Additional picnic tables located near the
covered bridge in Vail Village provide
another high profile opportunity.
April 2, 2019 - Page 107 of 196
25
A Vision for the Visitor Experience
Guided Programs
A number of guided programs enhance
and make use of the interpretive installation
areas. For example, residents and guests
sign up for Creek Camp, a water-focused
day camp that incorporates thematic play
with guided interpretation. Other programs
may involve outdoor art workshops—
making prints of the cast storm drain and
thematic tree grates for example—or
sampling for macroinvertebrates as part of
a fishing clinic.
April 2, 2019 - Page 108 of 196
26
Recommendations
VISITOR EXPERIENCE
GUIDELINES
Interpretation along the Gore Valley Trail
will:
Setting Expectations
• Offer orientation information that
provides an overview of the trail. This
may include the use of a small map key
on each story station.
Theme Reinforcement
• Weave the central theme through all
exhibits.
• Offer a mix of both personal and non-
personal (exhibits, for example) media,
allowing targeted audiences to freely
choose the method and depth of their
participation.
• Utilize media that can be easily changed
or updated.
• Highlight the offerings of natural and
cultural heritage partners, being careful
not to duplicate efforts.
• Explain the difference between
stormwater systems and sanitary sewers.
• Teach the concept of watersheds, and
encourage trail users to consider where
Gore Creek’s water comes from and
how downstream users are impacted by
upstream decisions and actions.
Inspiration & Sharing
• Encourage visitors to participate in
follow-up activities and share how they
are appreciating and protecting Gore
Creek.
DESIGN CRITERIA
The overall success of interpretation along
the Gore Creek Trail depends upon
successful execution of design criteria. For
the trail, these criteria include exhibits that:
• Are designed for primary viewing
during summer, but can withstand
winter conditions.
• Utilize a consistent shape and material,
and recycled/recyclable materials where
possible1.
1 Digital high pressure laminate (DHPL) signage material
is composed of approximately 13% plastic resins and
87% paper. Recycled content varies. The majority of the
paper content that composes the central “core” of a panel
is sourced from suppliers who are third-party certified to
• Are easily replaced and maintained.
• Are self-guided, encouraging self-
awareness and personal reflection.
• Present a hierarchy of interpretation and
information.
• Provide information on multiple sides.
• Are spaced out along the length of the
trail, rather than clustered.
• Do not impose on traffic flow along the
trail, nor obstruct views.
• Meet accessibility guidelines with any
text appearing between 24-72” from
grade.
• Feature friendly, engaging interpretive
text written at a 6th-8th grade reading
level. Avoid writing in a technical voice.
• Allow for content delivery in Spanish
the Sustainable Forestry Initiative Standard (SFI). The SFI is
endorsed by the Programme for the Endorsement of Forest
Certification (PERC). DHPL is a chemically inert material that
does not emit harmful gasses. For this reason, the US National
Park Service and the Canadian Conservation Institute advise
that phenolic laminate is an ideal material in which to store
or to accompany fragile, archival materials. Further, DHPL
is an uncatalyzed product that “breathes” small amounts of
moisture, reducing drying and yellowing and providing a
long, useful life as reflected in manufacturers’ 10-year limited
warranty.
April 2, 2019 - Page 109 of 196
27
Recommendations
and possibly additional languages.
Multilingual content can appear along
with English content in exhibits, but
will greatly reduce the amount of
interpretive text. Exhibit developers
and project partners must consider and
decide whether multilingual content
will appear physically on exhibits, or be
available for visitors to access digitally.
• Include elements of interactivity.
Possibilities to be explored for
feasability and cost-effectiveness
include: magnification, and
measurement of stream flow and water
temperature.
All interpretive products should rely
primarily on images (photos or illustrations),
engaging headings and short blocks of
text. Text should generally not be more
than 150 words per panel. Utilize the
3-30-3 rule (shown at right) for establishing
message hierarchy on any interpretive
product.
GENERAL PARAMETERS
Branding
Maintaining a professional appearance
requires consistency—in the use of color,
fonts, and logo elements. Adhere to any
applicable design guidelines during the
exhibit development process, and ensure
their consistent application as interpretive
media are created and updated.
Web Presence & Mobile Interpretation
In today’s digital world, maintaining your
on-line presence is just as important as your
physical presence. Incorporate installation
locations and interpretive content into
the town’s existing mobile app. Make
sure all links are functional, and ensure
downloadable resources have a consistent
look and feel.
Let Visitors Talk Back
The most engaging interpretive
experiences allow visitors the opportunity
to respond to their experience. While
this may already occur via social media
channels, continue encouraging these
The 3-30-3 Rule of
Interpretive Design
This rule applies to every written
interpretive product, whether it is an
exhibit, newsletter, or brochure.
3 SECONDS
major information is read (title,
subtitle)
30 SECONDS
additional information is processed
(introduction, photo, first paragraph)
3 MINUTES
detailed information is read (maps,
phone numbers, captions)
An interpretive panel can be designed and
written so that it contains three levels of text
with each level conveying a feeling of the
theme. This approach provides all visitors with
an interpretive opportunity.
For example, a short title at the top of a sign
might be the only text some visitors read, so
it is important that the learning objectives for
the site be met to some degree even at the
3-second timeframe.
April 2, 2019 - Page 110 of 196
28
Recommendations
types of posts to increase visibility of the
campaign amongst supporters/social media
followers and their peers.
Partners
Promote partnerships with complementary
organizations and facilities by featuring
their sites as highlighted destinations on
interpretive exhibits, where appropriate.
Programs
Be open to ways to increase your visibility
with new audiences. Consider partnering
in existing program offerings or developing
new offerings that include Gore Creek and
the Gore Valley Trail as focal points.
When evaluating existing and new
programs, ensure alignment with the
interpretive goals, visitor objectives and
interpretive themes presented in this plan.
April 2, 2019 - Page 111 of 196
MEDIA MATRIX
The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these
recommendations. Phases will be implemented as funding and resources permit.
PHASE ITEM APPROX COST NOTES QTY GOALS THEMES
PHASE IWater is Life
Story Stations
See the map of
proposed story
station locations
on page 34.
Approximately
$3,500-6K each
(depending on
interactive ele-
ments and single
vs. double-sided)
+ delivery/instal-
lation
Location 1—East Vail highway exit UPRIGHT EXHIBIT
Content direction: Content will identify the location
and significance of the source of Gore Creek. This
location will introduce the idea that water picks up
pollutants on its path downstream and highlight the
stormwater filtration and riparian habitat improvement
project installed at this location.
Possible interactive: Spotting scope directed at highest
point in the watershed
1 1, 2, 2c, 3d, 4
1bi, 1bii, 2a,
2ciii, 2civ
Location 2—Beaver pond UPRIGHT EXHIBIT
Content direction: Content will address wetlands and
ponds as important components of a healthy watershed
and their role as habitat for keystone animals such as
the beaver and endangered species like the boreal
toad. Beavers’ role in shaping the watershed will also be
discussed, as will etiquette.
Possible interactive: Spotting scope directed at beaver
pond
1 1b, 2d, 3b, 3d,
3f, 4
1a (all), 1bii,
2ciii, 2civ
Location 3—Ford Park before bridge to nature center
in pedestrian cul-de-sac UPRIGHT EXHIBIT
Content direction: Content will highlight the diversity
of species that rely on Gore Creek and will point to the
nearby revegetation project as beneficial to this habitat.
1 1b, 2e, 3d, 3e,
3f, 4
1a (all), 2ciii,
2civ
Location 4—Ford Park before covered bridge to hotel
complex, across from Alpine Gardens LOW PROFILE
EXHIBIT
Content direction: Content will discuss the various ways
we utilize groundwater and impact surface water.
1 2a, 2b, 3a, 3b, 4 1b, 2a, 2d
Recommendations
29
April 2, 2019 - Page 112 of 196
Recommendations
MEDIA MATRIX
The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these
recommendations. Phases will be implemented as funding and resources permit.
PHASE ITEM APPROX COST NOTES QTY GOALS THEMES
PHASE IWater is Life
Story Stations
See the map of
proposed story
station locations
on page 34.
Approximately
$3,500-6K each
(depending on
interactive ele-
ments and single
vs. double-sided)
+ delivery/instal-
lation
Location 5—Ford Park near downstream entrance LOW
PROFILE EXHIBIT
Content direction: Content will discuss the role of trees
(shade, roots, debris) in maintaining stream health.
Possible interactive: Tactile element of tree roots
1 1b, 2b, 2c, 3e, 4 1aiii, 1biii, 2d
Location 6—Between covered bridge to Vail Village
and Ford Park, in sight of Mill Creek confluence UP-
RIGHT EXHIBIT
Content direction: Content will address how Gore
Creek is a dynamic system with seasonal and cyclical
variations, and that native species are adapted to these
fluctuations.
Possible interactive: Spotting scope pointed at fish-
shaped stream gauge installed in creek and/or digital
gauge
1 1b, 2d, 3c, 4 1a, 2b
Location 7—Gore Creek Promenade or Whitewater
Park UPRIGHT EXHIBIT
Content direction: Content provides an overview of
the local and overall Colorado River watershed and
invites trail users to find their place in it. Provokes trail
users to think about where their water comes from.
Possible interactive: Accompanies the walkover water-
shed map
1 1a, 3b, 3e, 4 1bi, 1bii, 1biii
Location 8—Public Library UPRIGHT EXHIBIT
Content direction: Content addresses that one of the
ways we monitor water quality is by determining the
diversity of aquatic species called macroinvertebrates.
Accompanies the interpretive picnic tables.
1 1b, 2b, 3d, 4 1a (all), 2b
30
April 2, 2019 - Page 113 of 196
Recommendations
31
MEDIA MATRIX
The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these
recommendations. Phases will be implemented as funding and resources permit.
PHASE ITEM APPROX COST NOTES QTY GOALS THEMES
PHASE IWater is Life
Story Stations
See the map of
proposed story
station locations
on page 34.
Approximately
$3,500-6K each
(depending on
interactive ele-
ments and single
vs. double-sided)
+ delivery/instal-
lation
Location 9—Behind Lion Square Lodge west of skier
bridge LOW PROFILE EXHIBIT
Content here addresses the technical elements of a
stream restoration project. Trail users will get important
etiquette information and understand that staying on
the access trail protects riparian vegetation.
1 2, 2c, 2d, 3d,
3e, 3f
2ci, 2cii, 2ciii,
2civ
Location 10—Between wastewater treatment plant and
skier bridge LOW PROFILE EXHIBIT
Content direction: Content here addresses Gore
Creek’s status as a Gold Medal trout stream and how
restoration activities protect that. Interpret the brown
trout spawning run at this location.
Possible interactive: tactile element featuring brown
trout
1 1, 2c, 2d, 3b, 3d,
3e, 4
1a, 1bii, 1biii,
2d
Location 11—Wastewater treatment plant outflow
UPRIGHT EXHIBIT
Content direction: Content addresses the effect of
water treatment on water quality.
Possible interactive: Filtration model
1 2a, 2b, 3a, 3b, 4 2ci, 2d
Location 12—Donovan Park UPRIGHT EXHIBIT
Content direction: Content addresses that caring for
the creek benefit us all and that partners are working
together for a healthy Gore Creek.
1 2c, 2d, 2e, 3, 4 2c (all), 2d
Story Station
Brochure/Rack
Card
varies based on
quality and quan-
tity
Promotes the campaign and highlights the locations of
exhibits along the trail TBD 1, 2, 3, 4 Central theme,
1, 2
April 2, 2019 - Page 114 of 196
Recommendations
32
MEDIA MATRIX
The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these
recommendations. Phases will be implemented as funding and resources permit.
PHASE ITEM APPROX COST NOTES QTY GOALS THEMES
PHASE IIInterpretive
Picnic Tables
Approximately
$3,500 each ta-
bletop + delivery/
installation
Location 1—Public Library
Content will highlight aquatic and creek-focused food
web (“A Bug Buffet,” for example)
2 1b, 3e, 4 1aii, 1aiii
Location 2—Vail Village
Content will address elements of a healthy creek (“Anat-
omy of a Healthy Creek,” for example).
2 2b, 2d, 3a, 3b 1a, 2d
Concrete
Walkover
Watershed Map
$25K-$100K,
depending on
whether slab is
existing and what
approach would
be used (sand-
blast and stain vs.
detailed mosaic
approach)
This interactive experience allows trail users to visualize
the watershed and their place in it.1 1a, 3, 4a, 4b, 4d,
4e 1bi, 1bii
PHASE IIIThematic Drain
Grates
varies, depend-
ing on whether a
custom or off-the-
shelf product is
used
These storm drain grates incorporate the interpretive
themes and serve as a permanent reminder to trail
users to avoid polluting the creek.
TBD 1b, 3a, 3b, 3d,
3e, 4b 2a, 2ci 2d,
Programming in-house
A number of guided programs enhance and make use
of the interpretive installation areas. For example, resi-
dents and guests sign up for Creek Camp, a water-fo-
cused day camp that incorporates thematic play with
guided interpretation. Other programs may involve
outdoor art workshops— making prints of the cast
storm drain and thematic tree grates for example—or
sampling for macroinvertebrates as part of a fishing
clinic.
TBD varies varies
April 2, 2019 - Page 115 of 196
US CENSUS CATEGORIESVAIL
COLORADO
UNITED
STATES
POPULATIONPopulation census 20105,3055,029,196 308,758,105Population, percent change–2010 to 20173.4%11.5% 5.5%Population estimates 20175,4835,607,154 325,719,178AGE & SEXPersons under 5 years old1.6%6.0% 6.1%Persons under 18 years old12.7%22.5% 22.6%Persons 65 years and over12.7%13.8% 15.6%RACE AND HISPANIC ORIGINWhite, alone94.8%87.3% 76.6%Black or African American1.3%4.5% 13.4%American Indian or Alaskan Native, alone0.0%1.6% 1.3%Asian, alone1.0%3.4% 5.8%Native Hawaiian and Other Pacific Islanders, alone0.0%0.2% 0.2%Two or more races2.6%3.0% 2.7%Hispanic or Latino5.5% 21.5% 18.1%White alone, not Hispanic or Latino89.6%68.3% 60.7%POPULATION CHARACTERISTICSVeterans, 2012-2016211383,699 19,535,341Foreign born persons, percent, 2012-201611.5%9.8% 13.4%HOUSINGOwner-occupied housing unit rate 2012-201662.8%64.4% 63.6%Median value of owner-occupied housing units 2012-2016$556,000$264,600 $184,700Median selected monthly owner costs with a mortgage, 2012-2016 $2,004$1,585$1,491Median gross rent, 2012-2016$746$427$949FAMILIES & LIVING ARRANGEMENTSHouseholds 2012-20162,2792,051,616 117,716,237Persons per household 2012-20162.352.56 2.64Language other than English spoken at home, persons age 5+ years, 2012-201614.0%17.0% 21.1%EDUCATIONHigh school graduate or higher, percent of persons 25+ 2012-201699.1%91% 87%Bachelor’s degree or higher, percent of persons 25+, 2012-201659.1%38.7% 30.3%HEALTHWith a disability under age 65, 2012-20162.5%7.2% 8.6%Persons without health insurance under age 6511.4%8.6% 10.1%INCOME & POVERTYMedian household income (in 2016 dollars), 2014-2016$73,125$62,520 $55,322Persons in poverty6.1%11.0% 12.7%GEOGRAPHYPopulation per square mile, 20101,135.748.5 87.4 33
Appendix A—Demographics
April 2, 2019 - Page 116 of 196
Appendix B—Proposed Story Station Locations
34
Donovan Park
Public Library VailVillage Ford Park
Pond
LionsheadVillage
1
2
34
567
8910
11
12
April 2, 2019 - Page 117 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 3, S eries of 2019, A n Ordinance Amending Chapter 1 of Title 4 of
the Vail Town Code to Address Business L icensing Fees for Accommodation Services.
P RE S E NT E R(S ): Alex J akubiec, S ales Tax and L icensing Administrator
AC T IO N RE Q UE S T E D O F C O UNC I L: Staff is requesting Council’s approval of the first
reading of Ordinance No. 3, Series 2019.
B AC K G RO UND: P lease see attached memo.
S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments upon first reading of
Ordinance No. 3, Series 2019.
AT TAC H ME N TS:
Description
Ord 3 2019 Business License Update
April 2, 2019 - Page 118 of 196
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: April 2, 2019
SUBJECT: Ordinance No. 3, Series 2019: Business License Code Update
I. SUMMARY
Ordinance No. 3 is a housekeeping update to the business licensing code for accommodation
service providers.
II. BACKGROUND
In January of 2016, the town first introduced a business license for short-term rentals and
revised the license fee schedule for lodging to encompass all short-term rentals of property,
whether in a hotel or in a personal residence. Later, Ordinance No. 15, Series 2017 adopted
a new chapter 14 of the Town code, establishing a requirement for short-term rental
properties to obtain an STR registration, unique from the Town’s business license. As a
result, the business license fee section relating to short-term rentals was repealed. However,
in repealing that section, it also removed the fee structure for lodging properties and property
managers. This part of the code needs to be returned for the proper identification of the
Town’s current business license fee structure for this business segment.
There are no revenue changes to the business license fee structure, just returning the
original fee structure for lodging and property management business license fees back to the
Town code.
III. ACTION REQUESTED FROM COUNCIL
Staff is requesting Council’s approval of the first reading of Ordinance No. 3, Series 2019.
April 2, 2019 - Page 119 of 196
1
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Q:\USERS\VAIL\ORD\2019\BUSINESS LICENSE FEES-O032219.DOCX
ORDINANCE NO. 3
SERIES 2019
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VAIL
TOWN CODE TO ADDRESS BUSINESS LICENSING FEES FOR
ACCOMMODATION SERVICES
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-1-2 of the Vail Town Code is amended by the addition of
the following new definitions, to appear in alphabetical order:
ACCOMMODATION SERVICE: The furnishing of rooms or
accommodations by any person, partnership, association, corporation,
estate, representative, or any other combination of individuals, to a person
who for a consideration uses, possesses, or has the right to use or
possess, any room in a hotel, apartment hotel, accommodation unit,
lodge, lodging house, motor hotel, guesthouse, guest ranch, trailer coach,
mobile home, auto camp, trailer court and park, fractional fee club,
fractional fee club unit, bed and breakfast, or short-term rental property for
a period of less than thirty (30) consecutive days under any concession,
permit, right of access, license or agreement, including property
management and similar services, but excluding owners of short-term
rental properties, as that term is defined in Section 4-14-2.
RENTAL INTEREST: The smallest portion of an accommodation service
that can be separately leased, licensed or used.
Section 2. Section 4-1-4(B) of the Vail Town Code is hereby amended as
follows:
4-1-4: FEES.
* * *
B. Schedule: An annual business license fee shall be paid by every
person doing business in the Town in accordance with the following
schedule:
1. Short-term Rentals: Repealed. Accommodation services:
Accommodation services shall pay a fee as follows:
a. Accommodation services with more than two (2) rental
interests shall pay a flat fee of three hundred twenty-five dollars
($325.00), plus a fee of seventeen dollars ($17.00) per rental
interest located in Zone 1 and twelve dollars and seventy-five cents
($12.75) for each rental interest located in Zone 2.
April 2, 2019 - Page 120 of 196
2
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Q:\USERS\VAIL\ORD\2019\BUSINESS LICENSE FEES-O032219.DOCX
b. Accommodation services with two (2) or fewer rental
interests shall pay a flat fee of one hundred fifty dollars ($150.00),
plus a fee of seventeen dollars ($17.00) per rental interest located
in Zone 1 and twelve dollars and seventy-five cents ($12.75) for
each rental interest located in Zone 2.
c. The accommodation service licensing requirement applies to
businesses conducting property management or similar services for
short-term rental property, but it does not apply to short-term rental
property owners separately registered under Title 4, Chapter 14, of
this Code.
* * *
11. Lodge support businesses Lodges: Lodge support
businesses shall pay a minimum business license fee depending on the
category of business being operated at the rate of seventy five percent
(75%) of the rate charged for each category listed above, and shall pay an
additional fee depending upon the type of business being operated at the
same rate as set forth for each category listed above.
* * *
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
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 2nd day of April, 2019 and a
public hearing for second reading of this Ordinance set for the 16th day of April, 2019, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
April 2, 2019 - Page 121 of 196
3
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____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of April, 2019.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 2, 2019 - Page 122 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordnance No. 5 Series of 2019, First Reading, A n Ordinance Authorizing the
S ale of Certain Real Property Known as Unit 2, Vail Village I nn Plaza, P hase V Condominiums,
to S T K Capital, L L C for $1,547,000.
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, A pprove with Modifications, or Deny
Ordinance No. 5, Series of 2019, on first reading.
B AC K G RO UND: P lease refer to the staff memorandum, dated April 2, 2019, discussing this
agenda item.
S TAF F RE C O M M E ND AT IO N: T he Town staff recommends the Vail Town Council approves
Ordinance No. 5, Series of 2019, upon first reading.
AT TAC H ME N TS:
Description
Memorandum Ordinance No. 5, Series of 2019
Ordinance No. 5, Series of 2019
April 2, 2019 - Page 123 of 196
To: Vail Town Council
From: George Ruther, Housing Director
Matt Mire, Town Attorney
Date: April 2, 2019
Re: Ordinance No. 5, Series of 2019, an ordinance authorizing the sale of
certain real property known as Unit 2, Vail Village Inn Plaza, Phase V
Condominiums, to STK Capital, LLC for $1,547,000
I. Purpose
The purpose of this memorandum is to provide a summary of the background
leading up to the presentation of proposed Ordinance No. 5, Series of 2019.
Ordinance No. 5 authorizes the sale of certain real property owned by the Town
of Vail.
II. Background
The Town of Vail acquired the commercial unit pursuant to a development impact
mitigation obligation of a major amendment to Special Development District #6, Vail
Village Inn. At the time of acquisition, the Town was in need of a space for the Colorado
Ski Museum. The commercial space was used as the site of the Colorado Ski Museum
until its subsequent relocation to the Vail Village Transportation Center.
The benefits of the commercial space have not been fully realized since the
relocation of the Ski Museum. Over the years the space has been used by
various non-profit organizations for business offices, and more recently, by the
Town of Vail as temporary office space when other town facilities were under
major repair or remodel (i.e., Main Vail Fire Station, Vail Public Library, etc.). By
in large, however, the commercial space is underutilized and has remained
vacant, costing the Town of Vail annual operating and maintenance expenses in
excess of $50,000 per year.
The Vail Town Council has expressed interest in selling its fee simple real estate
interest in Commercial Unit #2, Vail Village Inn, Phase V Condominiums. According to
the Vail Town Charter, the Vail Town Council may sell town-owned real estate property
subject to passage of an approving ordinance.
April 2, 2019 - Page 124 of 196
III. Action Request of the Val Town Council
Approved, approve with modifications, or deny Ordinance No. 5, Series of 2019, on first
reading.
IV. Staff Recommendation
In preparing for the intended sale of the Town-owned commercial unit the Vail Town
Council identified ten (10) terms for consideration. Each of the ten (10) terms has been
addressed through the real property sale listing, negotiation, contract execution and
transaction. With that in mind, the Town staff recommends the Vail Town Council
approves Ordinance No. 5, Series of 2019, upon first reading.
Town of Vail Page 2
April 2, 2019 - Page 125 of 196
ORDINANCE NO. 5
SERIES 2019
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL
PROPERTY KNOWN AS UNIT 2, VAIL VILLAGE INN PLAZA, PHASE V
CONDOMINIUMS, TO STK CAPITAL, LLC FOR $1,547,000
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance; and
WHEREAS, the Town Council finds and determines that the sale of the real
property known as Unit 2, Village Inn Plaza and more particularly described as Unit 2,
Vail Village Inn Plaza, Phase V Condominiums (the "Property"), to STK Capital, LLC for
$1,547,000, is in the best interest of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of the Property to STK Capital, LLC for $1,547,000, under
the terms of the Purchase and Sale Agreement Counter Offer, dated March 27, 2019,
which agreement is hereby ratified by this ordinance. The Town Manager is hereby
authorized to sign all documents necessary to complete the sale of the Property, subject
to approval of such documents by the Town Attorney.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
1
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04022019.DOCX
April 2, 2019 - Page 126 of 196
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of April, 2019 and a
public hearing for second reading of this Ordinance set for the ____ day of
______________, 2019, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _______________, 2019.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
2
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04022019.DOCX
April 2, 2019 - Page 127 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Proposed Parcel E, Chamonix Vail Neighborhood – Options for Consideration –
Request for Direction
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A t the end of the discussion, the Vail Town Council will
be asked to provide direction to the Town staff as to which, if any, of the proposed approaches
best serves the interest of the greater Vail community.
B AC K G RO UND: The Vail Town Council has expressed its intent to sell the Town's interest in
P arcel D of the Chamonix Vail Neighborhood. Proceeds from the sale of the P arcel could be
applied to recoup a portion of the nearly $4M financial subsidy granted to the development of the
Chamonix Vail Neighborhood. I n order to effectively sell the P arcel, certain determinations
regarding the sales approach must first be decided.
S TAF F RE C O M M E ND AT IO N: T he Town staff recommends the Vail Town Council discussion
and consider the four options outlined in the staff memorandum and provide direction as to which, if
any, of the options the Town Council supports the staff in pursuing.
AT TAC H ME N TS:
Description
Chamonix Vail Proposed Parcel E Memorandum
April 2, 2019 - Page 128 of 196
To: Vail Town Council
From: George Ruther, Housing Director
Date: April 2, 2019
Re: Proposed Parcel E, Chamonix Vail Neighborhood – Options for Consideration –
Request for Direction
I. Purpose
The purpose of this memorandum is to outline options for consideration in determining
the best approach to selling the Town’s interest in Proposed Parcel E, Chamonix Vail
Neighborhood. To aid in making that determination, a background section has been
included to establish context for the discussion and a summary of the options for
consideration is provided herein.
At the end of this discussion, the Vail Town Council will be asked to provide direction to
the Town staff as to which, if any, of the proposed approaches best serves the interest
of the greater Vail community.
This agenda item furthers the Town’s adopted housing goal and aligns with the housing
initiatives and priorities highlighted in the 2018-2020 Vail Town Council Action Plan.
II. Background
The Town of Vail was the previous owner of the 3.54 acre Chamonix Vail property
located in West Vail. Through its ownership, in part, the Town sponsored and caused
the Chamonix Vail Neighborhood to be master planned and developed. As discussed
throughout the course of the site design, entitlement and development processes, the
Chamonix Vail property, upon its completion, was to include thirty-two (32), resident-
occupied, deed-restricted, for-sale, two and three bedroom townhomes with a future
opportunity for the Town to sell, or otherwise develop for residential uses, Parcel D of
the Chamonix Vail Neighborhood. The Chamonix Vail Community Townhome Plat was
recorded on December 19, 2017. The Chamonix Vail Neighborhood development was
completed in the spring of 2018. As recently as December 2018, the Vail Town Council
had again, expressed its intent to sell Parcel D (aka Proposed Parcel E).
It has been long understood that the availability and affordability of residential homes
are significant barriers to entry into the Vail real estate market for many local residents.
April 2, 2019 - Page 129 of 196
In fact, according to the most recent community survey, housing is one of, if not the
most, significant issue facing the Vail community. With that in mind, the Vail Town
Council set forth to develop the Chamonix Vail Neighborhood. To that end, the Town of
Vail provided a financial subsidy to incentivize the development of the Chamonix Vail
Neighborhood. The total development cost, including site access, below grade utilities
and land was approximately $21M. The Town subsequently entered into a
development agreement with Triumph Development for a total project cost of $17.725M.
As a result, a nearly $4M financial subsidy was granted to the project by the Town of
Vail.
The Town of Vail took many strategic actions throughout the design, entitlement and
development processes with the intent of recouping a portion of the $4M financial
subsidy through the sale or development of Parcel D.
Examples of strategic actions taken include,
• Establishment of Parcel D through the recording of the Townhome Plat
• Addition of a Plat Note indicating the intended future residential use of
Parcel D
• Separated Parcel D from any involvement in operations of the Chamonix
Vail Community
• Established a ten-year window for the Town to further subdivide Parcel D
from the Chamonix Vail Community
• Maintained the Housing (H) District designation on Parcel D
Parcel D remains within the Town’s Housing (H) District. In part, the Housing District is
intended to provide adequate sites for resident-occupied, deed-restricted homes for Vail
residents. And, because of the unique nature and characteristics of deed-restricted
housing, it is acknowledged in the (H) District the importance of providing flexible,
nimble and adaptable development standards and processes specifically prescribed for
each development proposal or project. This acknowledgement is best achieved through
the approval of a development plan for each project and the ability for the administrator
to waive or defer certain development plan application materials. Further, pursuant to
the provisions of Chapter 6, Article I, of the Zoning Regulations of the Town of Vail,
certain free-market dwelling unit uses are allowed in the (H) District, subject to the
issuance of a conditional use permit, and provided said free-market dwelling units are:
• created solely for the purpose of subsidizing deed-restricted housing on the
property,
• not the primary use on the property and GRFA of the free-market homes does
not exceed 30% of the total GRFA,
• only created in conjunction with deed-restricted housing, and
Town of Vail Page 2
April 2, 2019 - Page 130 of 196
• compatible with existing and proposed uses and buildings.
To achieve the Town’s development objectives for sites in the Housing (H) District the
approval of a Development Plan is required. In part, an Approved Development Plan
sets forth the development standards for the property (i.e. # of homes, GRFA, site
coverage, building height, etc.) and prescribes the development potential of the site.
Unlike other zone districts in the Town of Vail, where the development standards are
prescribed in the Zoning Regulations, the development potential of a site in the (H)
District can only be determined upon approval of an Approved Development Plan.
In January of 2017, the Town of Vail Planning & Environmental Commission adopted an
Approved Development Plan for the Chamonix Vail Neighborhood. For zoning
purposes, the entire 3.54 acre parcel, which includes Parcel C, Parcel D, and each of
the 32 townhome lots, is considered the development site. To achieve the Town’s
development objectives for Parcel D, an amendment to the Approved Development
Plan for the Chamonix Vail Neighborhood is required. Amendments to previously
approved development plans are permitted. Amendment procedures are set forth in
Section 12-6I-11E of the Zoning Regulations of the Town of Vail. An application for an
amendment to the Approved Development Plan requires the signature of the Chamonix
Vail HOA Board.
The Vail Town Council has reaffirmed its intent to sell Parcel D. To that end, the Vail
Town Council instructed the town staff to complete a residential real estate appraisal to
provide an estimate of value of Proposed Parcel E. Understandably, as a vacant,
undeveloped parcel, the estimate of value is largely based upon the permitted
development potential of the property. As instructed, a real estate appraisal was
completed in August of 2018 utilizing the following assumptions:
• Proposed Parcel E shall remain in the Housing (H) District and continue to be
associated with Chamonix Vail Neighborhood Development Plan
• The maximum allowable density on Proposed Parcel E could be three dwelling
units (two free-market & one deed-restricted) and up to 8,700 square feet of
GRFA total
• At least one of the homes shall be deed-restricted for resident occupancy
• The total area of Proposed Parcel E shall be 0.4638 acres, or 20,203 square
feet.
The estimated value of the property will vary widely, up or down, depending upon the
development potential of the property. In general terms, the more that can be
developed, the higher the value of the land. According to the consulting real estate
appraiser, a true comparable estimate of value can not be determined until the
development potential of the property is verified. The development potential of the
Town of Vail Page 3
April 2, 2019 - Page 131 of 196
property can not be verified until an amendment to the development plan is approved.
Therefore, the development potential of Proposed Parcel E can not be determined until
an amendment to the Chamonix Vail Neighborhood Development Plan is approved by
the Town’s Planning & Environmental Commission. It has been suggested that an
amendment can not be reviewed in the absence of building elevations, floor plans,
architectural drawings, massing and orientation drawings, landscape plan, etc. This is
not necessarily correct given the intended flexibility and administrator discretion granted
to the Housing (H) District.
Parcel D has no development potential today. Knowingly, Parcel D was set aside for
future residential development at the time the Chamonix Vail Community Townhome
Plat was recorded. At that time, it was widely understood that the review and approval
of certain development applications would be necessary to develop on Parcel D in the
future. Given the circumstances of the site, it was understood that the review and
approval of the following applications would likely be needed:
• Master Plan Amendment
• Minor Subdivision
• Rezoning
• Approved Development Plan
• Variance for Steep Slopes
• Conditional Use Permit for Free-Market Dwelling Units
• Design Review
III. Options for Consideration
The Vail Town Council has instructed the town staff to sell Parcel D (aka Proposed
Parcel E). The purpose of selling Parcel D is to recoup a portion of the Town’s
investment in the original 3.54 acre land purchase and to create additional resident-
occupied, deed-restrictions on Parcel D. When forwarding its instruction to the town
staff, the Town Council expressed the following development objectives:
• utilize the flexibility and financial incentives afforded by the Housing (H) District
designation,
• allow the development of free-market dwelling units to incentivize the creation of
more deed-restricted homes in Vail,
• maximize the return on town funds invested (i.e. sales price) to reduce the
amount of subsidy granted to the Chamonix Vail Neighborhood, and
• optimize the number of resident-occupied, deed-restricted homes on Parcel D.
To effectively sell Proposed Parcel E and realize the Town’s objectives, the value of the
property must be understood. There are several options for the Vail Town Council to
Town of Vail Page 4
April 2, 2019 - Page 132 of 196
consider when determining the best approach to selling Proposed Parcel E and
realizing the Town’s objectives. Each of the options is summarized below.
1. Sell “as is”
Parcel D has no development potential “as is”. The development potential would
need to be created through a minor subdivision and amendment process. The
buyer would have an obligation of going through the Town’s development review
process I hopes of gaining development potential. Value is determined based
upon “as is” condition. This approach likely yields the lowest sales price and has
a high level of risk to the buyer. This approach has the lowest likelihood of
achieving the town’s objectives.
2. Sell contingent upon approval of a Subdivision and an Amendment to the
Approved Development Plan
Similar to Option #1 above, however, the potential buyer only purchases the
property if the minor subdivision and amendment applications are approved. The
value of the land would be based upon what might be approved. The
determination of value would be speculative. This approach yields a higher sales
price and has a low level, if any, risk to the buyer. The buyer is exposed to the
cost of the development review process and time. This approach has a higher
likelihood of achieving the Town’s objectives.
3. Subdivide the Parcel, Amend the Approved Development Plan, and then
Sell the Property
As the owner of Parcel D the Town of Vail can pursue a request to subdivide the
Parcel, amend the Approved Development Plan and then, if approved, sell the
property. This approach places the onus on the Town of Vail to establish the
development potential of the property up front by going through the development
review process prior to listing the property for sale. Once the development
potential has been established, the determination of value is no longer
speculative. This approach yields the highest sales price and is most assured of
achieving the Town’s objectives. This approach places the cost, and obligations
of the development review process, on the Town of Vail. This approach does not
perfectly align with the development review process, however, the town code
does grant authority to the administrator to make exceptions based upon
findings.
4. Land Bank Parcel D
The Town of Vail owns Parcel D with no debt on the property. The Vail Town
Council could reconsider its early decision to sell Parcel D and hold it in a land
Town of Vail Page 5
April 2, 2019 - Page 133 of 196
bank situation. This approach differs from all previous considerations and does
not address the Town’s interest in recouping a portion of the financial subsidy
granted to the Chamonix Vail Neighborhood. Simply said, a decision to take no
action at this time and land bank the property defers any decision making to a
future date. It should be noted that the Town’s ten-year window for further
subdividing the property closes in 2027.
IV. Action Requested of the Vail Town Council
The Vail Town Council is being asked to provide direction to the town staff. That said,
which, if any, of the options summarized in Section III above is supported by the Vail
Town Council?
Once direction has been provided, the Town’s Housing Department will take the steps
necessary to implement the Vail Town Council’s direction.
Town of Vail Page 6
April 2, 2019 - Page 134 of 196
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 4, S eries of 2019, Second Reading, A n Ordinance Amending
S ection 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the
Dwelling Units per Acre Maximum W hile Maintaining the Existing Dimensional Standards I ncluding
G R FA and Building Height in the L ionshead Mixed Use-1 Z one District
P RE S E NT E R(S ): Chris Neubecker, Community Development P lanning Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall table Ordinance No. 4,
S eries of 2019 to the J une 4, 2019 Town Council meeting.
B AC K G RO UND: The proposed change to the density maximum in L ionshead Mixed Use-1
zone district will encourage redevelopment of properties in the L ionshead area, as encouraged by
the L ionshead Redevelopment Master Plan.
S TAF F RE C O M M E ND AT IO N: T he Community Development Department recommends tabling
of Ordinance No. 4, Series of 2019 to the J une 4, 2019 Town Council meeting.
AT TAC H ME N TS:
Description
Staff Memo - Lionshead Mixed Use - 1 Density Text Amendment
Ordinance No. 4, Series of 2019
Attachment A - Vicinity Map
Attachment B - Applicant Narrative
Attachment C - Lionshead Analysis of Redevelopment by MP G
Attachment D - Letter from Eagle River Water and Sanitation District
Attachment E - Letter from Town Engineer
Attachment F - Previous Zoning Map - Lionshead Area
Attachment G - Staff Memo to P E C - January 28, 2019
Attachment J - Letters of Support
April 2, 2019 - Page 135 of 196
TO: Vail Town Council
FROM: Community Development Department
DATE: March 5, 2019
SUBJECT: First reading of Ordinance No. 4, Series of 2019, an ordinance amending Section
12-7H-12, Density, Vail Town Code, and Section 14-8-1, Site Development
Standards, Vail Town Code, to remove the dwelling units per acre maximum
while maintaining the existing dimensional standards including GRFA and
building height in the Lionshead Mixed Use-1 (LMU-1) zone district.
Applicant: Treetops Condominium Association, represented by Mauriello
Planning Group
Planner: Chris Neubecker
I. SUMMARY
The applicant, the Treetops Condominium Association, represented by Mauriello
Planning Group, requests the first reading of Ordinance No. 4, Series of 2019, an
ordinance amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1,
Site Development Standards, Vail Town Code, to remove the dwelling units per acre
maximum while maintaining the existing dimensional standards including GRFA and
building height in the Lionshead Mixed Use-1 (LMU-1) zone district.
On January 28, 2019 the Planning and Environmental Commission (PEC) forwarded a
recommendation of approval to the Vail Town Council, of the proposed text amendment,
subject to the findings noted in Section VIII of the staff memorandum to the PEC.
(Attachment G).
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 4, Series of 2019, upon first reading.
III. DESCRIPTION OF REQUEST
The applicant is proposing to remove the maximum number of dwelling units per acre
(density) within the Lionshead Mixed Use-1 (LMU-1) zone district, so that there would
be no limit on density. No changes are proposed to the existing limits on Gross
Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping,
April 2, 2019 - Page 136 of 196
Town of Vail Page 2
or any other dimensional standard. The proposed text amendment would apply only to
properties within the Lionshead Mixed Use-1 (LMU-1) zone district.
The Lionshead Mixed Use-1 (LMU-1) zone district is bounded (approximately) on the
north side by S. Frontage Road and E. Lionshead Circle, on the south side by Gore
Creek, on the west at the intersection of S. Frontage Road and Forest Road, and on the
east by Dobson Ice Arena and the Vail Library. (The Lionshead Parking Structure,
Dobson Ice Arena, and Vail Library are in the General Use (GU) zone district, and are
not impacted by this proposal.) Please see Attachment A – Vicinity Map, for more
details.
Following are the proposed text amendments: (New language is shown in bold italics.
Text removed is shown in strikethrough.)
Section 12-7H-12: DENSITY (DWELLING UNITS PER ACRE):
Up to a thirty three percent (33%) increase over the existing number of dwelling units on
a property or thirty five (35) dwelling units per acre, whichever is greater, shall be
allowed. For the purpose of calculating density, employee housing units,
accommodation units, attached accommodation units, timeshare units, and fractional
fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling
unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit
for the purpose of calculating density.
No limitation on the number of dwelling units per acre permitted
Section 14-8-1, SITE DEVELOPMENT STANDARDS
TABLE 8 SUMMARY OF ZONING SETBACK AND DEVELOPMENT LIMITATIONS
LMU-1
Lionshead
mixed
use 1
35 units
per acre or
33%
increase
over
existing
units on
property
No
limitation
on the
number of
dwelling
units per
acre
permitted
Type IV
as a
permitted
use
10'
all2
May
project not
more than
the lesser
of 10' or 1/2
the
required
setback
May
project not
more than
the lesser
of 5' or 1/2
the
required
setback
4'
70%2
20%2
10,000
None
n/a
71'
average
82.5
max.2
50% of
parking
must be
located
within the
main
building
or
buildings.
April 2, 2019 - Page 137 of 196
Town of Vail Page 3
IV. BACKGROUND
Prior to adoption of the current zoning (1999) and the Lionshead Redevelopment
Master Plan (LRMP), the zoning in the Lionshead area included several zone districts.
The following zone districts were in place on the various properties currently zoned
Lionshead Mixed Use-1 (LMU-1):
• Commercial Core 1(CC1)
• High Density Multiple Family (HDMF)
• Medium Density Multiple Family (MDMF)
• Special Development District (SDD)
• Parking (P)
On December 15, 1998 the Vail Town Council adopted the Lionshead Redevelopment
Master Plan as an official element of the Vail Comprehensive Plan, via Resolution No.
14, Series of 1998. The purpose of the Plan was “to encourage redevelopment and new
development initiatives within the Lionshead study area.” Lionshead was recognized at
the time to lack the economic vitality of Vail Village and failed to offer a world-class
resort experience. Lionshead lacked growth in accommodation units, had a poor quality
retail experience, uninteresting pedestrian environment, mediocre architectural
character and was absent incentives for redevelopment. The adopted LRMP created
incentives for redevelopment, and to date, several properties have redeveloped or new
construction has been completed.
On April 6, 1999, the Vail Town Council adopted Ordinance No. 3, Series of 1999 which
amended the zoning regulations in the Lionshead area by creating two new zone
districts, Lionshead Mixed Use-1 and Lionshead Mixed Use-2, in order to implement the
Lionshead Redevelopment Master Plan.
On April 6, 1999 the Vail Town Council adopted Ordinance No. 4, Series of 1999, which
amended the official zoning map for the Town of Vail and rezoned most of the land
within the Lionshead area to Lionshead Mixed Use-1 zone district.
On March 21, 2006 the Vail Town Council adopted Resolution No. 3, Series of 2006 to
allow for the addition of the Lionshead Redevelopment Master Plan land use
designation, deletion of the Tourist Commercial land use designation, and amendments
to the Land Use map.
V. CRITERIA FOR REVIEW
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the PEC and Town Council shall consider the
following factors with respect to this proposal:
April 2, 2019 - Page 138 of 196
Town of Vail Page 4
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Staff finds that the applicant’s proposed text amendments further the general and
specific purposes of the zoning regulations by promoting the redevelopment of
residential property, and in some cases the associated commercial spaces, within
the Lionshead base area. The purpose of the Lionshead Redevelopment Plan is to
promote redevelopment, which can be encouraged by removing restrictions on the
number of allowed dwelling units and allowing greater flexibility for private sector
investments.
The proposed changes will provide additional motivation and options for
redevelopment above those already existing. The removal of the density cap should
have no visual impact on Lionshead, since the existing regulations for GRFA,
building height, setbacks, site coverage, parking and design requirements will
remain.
Staff finds that this criterion has been met.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
Staff finds that the proposed text amendments will better implement or achieve the
applicable elements of the adopted goals, objectives, and policies outlined in the Vail
Comprehensive Plan. The existing zoning regulations for the Lionshead Mixed Use-
1 zone district, including higher density limits, have resulted in limited
redevelopment. Several properties within Lionshead have not been redeveloped.
The proposed changes could create enough flexibility to spur some owners and
associations to take on a redevelopment project.
It is unlikely that all properties in need of renewal will take advantage of the
proposed density changes, but the proposed text amendment increases the
likelihood for redevelopment. Those properties that redevelop will contribute to
advancing the goals for renewal in this important core area of the community while
still meeting the existing dimensional requirements such as GRFA, building height,
setbacks, site coverage, landscaping and parking.
Staff finds that this criterion has been met.
3. The text amendment demonstrates how conditions have substantially
changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable; and
April 2, 2019 - Page 139 of 196
Town of Vail Page 5
Conditions have changed since the adoption of the Lionshead Mixed Use-1 zone
district. When the existing Lionshead Mixed Use-1 zone district was adopted, there
was an expectation that unlimited density for timeshares, accommodation units and
fractional fee units, as well as a 33% increase in dwelling units (or 35 units per acre,
whichever is greater), would be sufficient to encourage redevelopment. Timeshare
and fractional fee units are not nearly as popular today as they once were, and many
such units that were built now sit empty and unsold. The existing regulation is no
longer appropriate or is inapplicable if it is not achieving the desire policy result.
Removal of the density cap is one more step that can be taken to provide flexibility
and options to encourage owners to upgrade their properties. The existing regulation
is not fully achieving its desired outcome.
Staff finds that this criterion has been met.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. Specifically, the proposed text amendment will only change the allowed
number of dwelling units. No changes are proposed to the GRFA, building height,
setbacks, parking, site coverage or design requirements. As a result, the exterior of
any new building reviewed under the proposed regulations will need to meet the
same regulations that currently apply. Under existing regulations, a building can be
constructed that looks identical in size and shape to a building that would be allowed
with the proposed text amendment.
Staff finds that this criterion has been met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
In addition to the considerations mentioned above, the Town Council should
consider the impact of the proposed text amendments on the capacity of the Town’s
infrastructure, including roads, water and sewer. The proposed text amendment will
allow for an increase in the total number of dwelling units within the Lionshead Mixed
Use 1 zone district, which should also lead to an increase in the number of people
living and staying in Lionshead. As a result of more people, redevelopment is
expected to generate more traffic, water use, and wastewater.
Water and Sewer
As shown on the attached memo (Attachment D) from the Eagle River Water and
Sanitation District (ERWSD), the proposal to eliminate the density maximum could
April 2, 2019 - Page 140 of 196
Town of Vail Page 6
have future impacts on the capacity of the local sewer treatment plants. If the growth
is greater than planned by ERWSD, then “wastewater flows could eventually exceed
the treatment capacity of the Vail Wastewater Treatment Facility.” The Vail
Wastewater Treatment Facility is already at capacity during the peak period from
Christmas through New Years week, when wastewater flows are diverted to the
Avon Wastewater Treatment Facility. (Please see the attached memo from the
Eagle River Water and Sanitation Districts (Attachment D). ERWSD has indicated
that water supply is sufficient to accommodate the additional density.
Traffic
Increases in density could also have impacts on local traffic. As shown in the Town
Engineer’s memo (Attachment E), the Vail Transportation Master Plan assumes 110
net new dwelling units within the Lionshead Mixed Use-1 zone district, as well as 50
additional fractional fee type units, 20 accommodation units, and 50,000 square feet
of retail. At the time of the study, a major redevelopment of the Lionshead Parking
Structure was also under consideration, and the traffic study assumed additional
traffic as a result.
If future development exceeds these estimates, and if a major redevelopment of the
Lionshead Parking Structure moves forward, then the Vail Transportation Master
Plan will need to be updated and additional carrying capacity of the transportation
system may be required.
As proposed, there would be no limit on the number of dwelling units allowed in the
Lionshead Mixed Use-1 zone district. In reality, there will not be an unlimited number
of units built. For a project that reaches its maximum GRFA, the size of the units
must get smaller as the number of units increases. At some point, however, smaller
units will not make economic sense to construct if they become too small to be
comfortable. Also, staff does not see a fair comparison between unlimited dwelling
units and unlimited EHUs, accommodation units, timeshares, or fractional fee club
units. There is not currently a strong market demand from developers eager to build
EHUs, AUs, timeshares, or fractional fee club units; there is, however, demand for
dwelling units as shown by the escalating cost of real estate. Staff believes that the
applicant’s proposal will lead to more redevelopment and additional impacts on local
infrastructure. Since the policy of the Lionshead Redevelopment Master Plan is to
encourage redevelopment, staff considers this proposal in line with the policy
objective of the plan.
Short Term Rentals
One possible benefit of the proposed text amendment is that smaller units may be
more likely to be short-term rented than larger units. These “hot beds” are
encouraged in the Lionshead Redevelopment Master Plan since they are assumed
to contribute more effectively to the local economy by supporting local retail and
restaurants.
April 2, 2019 - Page 141 of 196
Town of Vail Page 7
VI. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2019,
upon first reading, the Community Development Department recommends the
Council pass the f ollowing motion:
“The Vail Town Council approves, on first reading, Ordinance No. 4, Series of
2019, an ordinance amending Section 12-7H-12, Density, Vail Town Code, and
Section 14-8-1, Site Development Standards, Vail Town Code, to remove the
dwelling units per acre maximum while maintaining the existing dimensional
standards including GRFA and building height in the Lionshead Mixed Use-1
zone district and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 4 Series of 2019, the
Community Development Department recommends the Council m ake the f ollowing
findings:
“Based upon the review of the criteria outlined in Sections VII of the Staff
me morandum to the Planning and Environmental Commission dated January
28, 2019 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; 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.”
VII. ATTACHMENTS
A. Vicinity Map
B. Applicant’s Narrative
C. Lionshead Analysis of Redevelopment by MPG
D. Letter from Eagle River Water and Sanitation District
E. Letter from Tom Kassmel, Town Engineer
F. Previous Zoning Map – Lionshead Area
G. Staff Memo to PEC – January 28, 2019
H. Lionshead Redevelopment Master Plan (link)
I. Vail Transportation Master Plan (link)
April 2, 2019 - Page 142 of 196
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S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 4 SERIES OF 2019
LIONSHEAD MIXED USE 1 DENSITY.DOCX
ORDINANCE NO. 4
SERIES 2019
AN ORDINANCE AMENDING SECTION 12-7H-12, DENSITY, AND
SECTION 14-8-1, SITE DEVELOPMENT STANDARDS, VAIL TOWN
CODE, TO REMOVE THE DWELLING UNITS PER ACRE MAXIMUM
WHILE MAINTAINING EXISTING DIMENSIONAL STANDARDS
INCLUDING GRFA AND BUILDING HEIGHT IN THE LIONSHEAD
MIXED USE-1 ZONE DISTRICT
WHEREAS, on December 15, 1998 the Vail Town Council adopted Resolution
No. 14, Series of 1998, adopting the Lionshead Redevelopment Master Plan as an
official element of the Vail Comprehensive Plan to guide redevelopment in the
Lionshead Study Area;
WHEREAS, on April 6, 1999 the Vail Town Council adopted Ordinance 3, Series
of 1999, establishing the Lionshead Mixed Use-1 zone district;
WHEREAS, one of the primary purposes of the Lionshead Mixed Use-1 zone
district is to encourage and provide incentives for redevelopment in accordance with the
Lionshead Redevelopment Master Plan;
WHEREAS, the Lionshead Mixed Use-1 zone district includes increased density
over the previously established zoning in the Lionshead redevelopment master plan
study area;
WHEREAS, on January 28, 2019 the Planning and Environmental Commission
held a properly-noticed public hearing on the proposed amendments and forwarded a
recommendation of approval to the Vail Town Council;
WHEREAS, the existing regulations are obsolete and need to be updated to
further encourage redevelopment in the Lionshead Mixed Use-1 zone district;
WHEREAS, amending the density regulations will provide the incentives
necessary to encourage redevelopment while maintaining the existing dimensional
standards including gross residential floor area (GRFA) and building height in the
Lionshead Mixed Use-1 zone district; and
WHEREAS, the proposed amendments are supported by the Lionshead
Redevelopment Master Plan and the Vail Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-7H-12 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-7H-12: DENSITY (DWELLING UNITS PER ACRE):
April 2, 2019 - Page 143 of 196
2
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S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 4 SERIES OF 2019
LIONSHEAD MIXED USE 1 DENSITY.DOCX
No limitation on the number of dwelling units per acre permitted
Section 2. Section 14-8-1, Site Development Standards, Table 8, Summary of
Zoning Setback and Development Limitations, Vail Town Code, only as it pertains to the
Lionshead Mixed Use 1 zone district, is hereby amended to read as follows:
TABLE 8 SUMMARY OF ZONING SETBACK AND DEVELOPMENT
LIMITATIONS
LMU-1
Lionshead
mixed
use 1
35 units
per acre
or 33%
increase
over
existing
units on
property
No
limitation
on the
number
of
dwelling
units per
acre
permitted
Type IV
as a
permitted
use
10'
all2
May
project
not more
than the
lesser of
10' or 1/2
the
required
setback
May
project
not more
than the
lesser of
5' or 1/2
the
required
setback
4
'
70%2 20%2 10,000 None n/a 71'
average
82.5
max.2
50% of
parking
must be
located
within the
main
building
or
buildings.
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 amendment of any provision of the Vail Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of March, 2019 and a
April 2, 2019 - Page 144 of 196
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S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 4 SERIES OF 2019
LIONSHEAD MIXED USE 1 DENSITY.DOCX
public hearing for second reading of this Ordinance is set for the 19th day of March,
2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2019.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 2, 2019 - Page 145 of 196
Marrio tt
Antlers
Vail Spa
Va il Valley Medical Center
Arrabe lle
(parking)
Landmark
EvergreenLodgeVail 21
First Chair
Ritz Carlton Residences
Library
Vantage Point
Mon tane ro s
Dobson Ice Arena
We stwind
Water TreatmentFacility
Lionshea d Ce ntre
Enzian
Lift House
Vail International
Tree Tops
Lion Square Lodge Sou th & East
Lion Square Lodge North
Lodge at Lionshead
Eag le Ba hnGondola
Sun VailCondos
Forest Place
Solar Vail
VR Maintenance Buildings
Lionshead Inn
Lionshead Arcade PH III
WestLionshead Plaza
Chair 8
Lionshead Inn Annex
Gore Creek Re sidences
Lions PrideBuilding
TicketOffice
Restrooms
PH IIPH I
LionsheadWelcome Center
SkierDrop-Off Charte rBus Lot
LionsheadTransit Center
I 70 EastboundI 70 W estboundWFORESTRD
S FRONTAGE RD W
N F R O N T A G E R D W
B E A V ER DAMRD
W MEADOW DR
E FOR E S T RD
W LIONSHE A D C IR
E LIONSHEAD CIR
L I ONSHEAD MALL
LI
O
NSH E A D PLBEAVERD A M C I R
I
Subject Property
0 5010025Feet
Z o n i n g C o d e A m e n d m e n t - P E C 1 8 -0 0 4 1Zoning C o d e A m e n d m e n t - P E C 1 8 -0 0 4 1
L i o n s h e a d M i x e d U s e 1 Z o n e D i s t r i c tLionshead M i x e d U s e 1 Z o n e D i s t r i c t
This ma p w as created by the Town of Vail Co mmu nity Development Departme nt. Use of this ma p shou ld be for g eneral p urp oses o nly.The Town of Vail does no t warran t the accura cy of the informa tion co nta in ed herein.(whe re sh own, pa rcel line work is ap pro xima te )
Last Modified: January 16, 2019
Zoning Designation
Lionshead Mixed Use 1
April 2, 2019 - Page 146 of 196
Zoning Text
Amendment
Modifying the Density Requirements of
the Lionshead Mixed Use 1 Zone District
Submitted: November 2018
April 2, 2019 - Page 147 of 196
Introduction
Mauriello Planning Group is representing the Treetops Condominium Association which
is requesting a text amendment to the Zoning Regulations to amend Section 12-7H-12:
Density (Dwelling Units Per Acre). Specifically, the amendment would amend the
allowable density in the Lionshead Mixed Use 1 (LMU-1) Zone District. This section
currently allows for 35 dwelling units per acre or a 33% increase over the existing
number of dwelling units. The applicant is requesting that density be unlimited. No
other changes are proposed, so all other development standards, including building
height, GRFA, site coverage, parking, etc., remain the same. As a result, the
amendment has no impact upon the bulk and mass of a structure.
Background
Prior to 1999, the Lionshead Area was zoned a mixture of Commercial Core 2, High
Density Multiple Family, and Special Development Districts, as shown on the following
Zoning Map from 1995.
Town visionaries recognized that the redevelopment of Lionshead was critical for Vail
to remain a competitive four-season resort, and in the mid-1990s, the Town undertook
a master planning process to complete the Lionshead Redevelopment Master Plan
(LRMP), which was to guide development over the next 15 to 20 years. The LRMP was
adopted in December of 1998 by Resolution No. 13, Series of 1998, and subsequently
two new zone districts were created by Ordinance No. 3, Series of 1999: Lionshead
Mixed Use 1 (LMU-1) and Lionshead Mixed Use 2 (LMU-2). These zone districts were
intended to create more cohesive standards for development across Lionshead and
to implement the vision of the LRMP.
!1
April 2, 2019 - Page 148 of 196
The Town then passed Ordinance No. 4, Series of 1999 which rezoned most of the
Lionshead core to LMU-1, as indicated on the following current zoning map:
The area known as West Lionshead, consisting of the VR Maintenance Yard and former
BP Gas Station site, was zoned LMU-2, which is not subject to this proposed text
amendment.
The LRMP recognized that to incentivize redevelopment, additional development
potential was necessary, and in that spirit, the purpose statement of the LMU-1 zone
reads as follows:
12-7H-1: PURPOSE:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge
dwelling units, restaurants, offices, skier services, and commercial establishments
in a clustered, unified development. Lionshead mixed use 1 district, in
accordance with the Lionshead redevelopment master plan, is intended to
ensure adequate light, air, open space and other amenities appropriate to the
permitted types of buildings and uses and to maintain the desirable qualities of
the zone district by establishing appropriate site development standards. This
zone district is meant to encourage and provide incentives for redevelopment in
accordance with the Lionshead redevelopment master plan.
This zone district was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this zone
district include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
!2
April 2, 2019 - Page 149 of 196
redevelopment master plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead redevelopment master plan. Additionally, the
incentives are created to help finance public off site improvements adjacent to
redevelopment projects. With any development/redevelopment proposal
taking advantage of the incentives created herein, the following amenities will
be evaluated: streetscape improvements, pedestrian/bicycle access, public
plaza redevelopment, public art, roadway improvements, and similar
improvements.
As the purpose of LMU-1 suggests, development standards were adopted with the
intent of providing incentives for properties to redevelop. The standards of the LMU-1
zone district are provided below:
As mentioned previously, the applicant is proposing to amend only the “Density
(Dwelling Units Per Acre)” for the entire Lionshead Village area. The LRMP and LMU-1
zoning was successful in spurring the redevelopment of many projects in Lionshead.
Projects, such as the Antlers, redevelopment of the core site into the Arrabelle, along
with the Ritz Carlton and Gore Creek Residences were able to take advantage of the
flexibility and incentives of the LMU-1 zone district not long after the zone district was
adopted. Other projects, such as Vail Spa, Vail 21, and the Enzian have done major
exterior upgrades without adding new units. The following table indicates all existing
levels of development within the LMU-1 zone district and the density associated with
each property. This information was gathered from the Eagle County Assessor’s office
Lot Area and Site Dimensions: 10,000 sq. ft. of buildable area
Setbacks:10 ft. unless otherwise specified by the LRMP
Height and Bulk:Maximum average of 71 ft. with maximum height of 82.5 ft.
Density (Dwelling Units Per Acre):Up to a 33% increase over the existing number of dwelling units on
a property or 35 dwelling units per acre, whichever is greater, shall
be allowed. For the purpose of calculating density, employee
housing units, accommodation units, attached accommodation
units, timeshare units, and fractional fee club units shall not be
counted as dwelling units. Additionally, a "lodge dwelling unit", as
defined herein, shall be counted as 25% of a dwelling unit for the
purpose of calculating density.
Gross Residential Floor Area:Up to 250 sq. ft. of gross residential floor area shall be allowed for
each 100 sq. ft. of buildable site area, or an increase of 33% over
the existing GRFA found on the property, whichever is greater.
Site Coverage:70% unless otherwise specified by the LRMP
Landscaping and Site
Development:
20% unless otherwise specified by the LRMP
Parking and Loading:In accordance with Chapter 10
!3
April 2, 2019 - Page 150 of 196
and Town records. Density has been calculated per Section 12-74-12: Density of the
Vail Town Code:
Existing Density in Lionshead
Name of
Development
Dwelling
Units
Lodge
Dwelling
Units
EHUs Hotel Fractional
Timeshare
Lot Size Density
(DUs /
Acre)
Antlers 96 0 9 0 0 1.21 79.34
Arrabelle 67 0 0 36 0 2.93 22.87
Concert Hall Plaza 0 0 0 0 0 0.26 0.00
Enzian 12 0 0 0 0 0.30 40.00
Elevation
(proposed)9 0 3 0 0 0.31 28.66
Evergreen Lodge 19 0 0 128 0 2.45 7.76
First Chair 0 0 32 0 0 0.75 0.00
Landmark 73 3 2 0 0 1.51 48.84
Lift House 1 45 0 0 0 0.44 27.84
Lion Square Lodge
North 36 0 0 0 0 0.94 38.30
Lion Square Lodge
South and East 66 2 0 31 0 1.81 36.74
Lions Pride Building 0 0 0 0 0 0.83 0.00
Lionshead Arcade 14 0 0 0 0 0.32 43.75
Lionshead Centre 25 0 0 0 0 0.90 27.78
Lodge at
Lionshead I, II, III 48 6 0 0 0 2.69 18.40
Mark Lodge 13 0 0 42 0 0.89 14.61
Montaneros 40 0 0 0 0 1.01 39.60
The Lion 53 4 1 0 10 1.57 34.39
Tree Tops 29 0 0 0 0 0.90 32.22
Vail 21 21 0 0 0 0 0.36 58.33
Vail International 56 0 0 0 0 1.83 30.60
Vail Spa 55 0 0 0 0 3.21 17.13
Vantage Point 47 9 0 0 9 1.53 32.19
West Day Lot
Subdivision
(Marriott, Ritz,
Gore Creek
Residences)*
122 0 0 276 45 6.82 17.89
Westwind 35 0 0 0 0 0.87 40.23
TOTAL 937 69 47 513 64
!4
April 2, 2019 - Page 151 of 196
✴West Day Lot Subdivision includes the Ritz Carlton Residences, Gore Creek TH, and western
portion of the Marriott Hotel. It is considered one development site for zoning purposes.
The LMU-1 zone district does not count EHUs, hotel rooms or accommodation units, or
timeshare units towards density. The thought in 1998 was that this policy would
encourage the construction of these unit types as they were considered to be similar
to hotel or warm beds, meaning they would have higher occupancy than dwelling
units. As indicated in the table, few projects have built timeshare or fractional units,
especially recently. The Ritz Carlton Residences, which is part of the West Day Lot
Subdivision, is one of the few
to have successfully sold
fractional ownership. The Lion
has 10 fractional units, of
which none have yet sold.
Since the adoption of the
LRMP, the economics of
redevelopment have
changed. The trend in the
late 1990s of timeshare and
fractional ownership has
largely disappeared.
Timeshare units have similar if
not greater impacts than
dwelling units. Timeshare units
are similar to dwelling units in
a short-term rental program,
from a use standpoint. Often
the design and/or layout of a timeshare unit is the same as a dwelling unit. The
difficulties of the timeshare market mean that they are not a favored development
option, and dwelling units would simply replace timeshare, meaning the effects on the
community would be minimal. As a result, impacts to infrastructure, roads, water,
sewer, etc. remain unchanged by having dwelling units constructed instead of
timeshare units. Impacts to the economy are improved because there is a market for
dwelling units and because they are simple to short term rent.
As another method of encouraging the construction of warm beds, the LRMP outlined
the idea of lodge units as follows:
New Unit Definition
The master plan recommends that the zoning regulations be modified to include
“lodge unit” as an additional definition of a residential unit. This product is
defined as a small condominium dwelling unit with limited kitchen and floor
area. (The floor area usually averages less than 650 sq. ft.) Units of this small size
are most likely to be in short-term rental pools, with occupancy rates similar to
!5
The Lion, at 701 W. Lionshead Circle, was approved in 2007 but
construc=on was not completed un=l 2017. It included the construc=on of
10 frac=onal units, which have been challenged by a declining frac=onal
market following the recession.
April 2, 2019 - Page 152 of 196
those for hotel rooms. Because an increase in the short-term bed base in
Lionshead is a key objective, the planning team recommends that lodge units
count as one-quarter of a normal dwelling unit (i.e. 4 lodge units count as one
dwelling unit). Further, it recommends that units of this size in existing properties
be treated as lodge units for the purpose of calculating density.
The LMU-1 zone district included the creation of a new unit type, “lodge dwelling units”
(LDU). These units are defined as:
LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area
and which contains six hundred fifty (650) square feet or less of floor area and is
intended to be rented on a short term basis.
At the time, it was thought that LDUs, as smaller dwelling units, would be more likely to
be placed in a short-term rental pool. To encourage the development of them, they
only count as 25% of a dwelling unit, for the purpose of calculating density.
Unfortunately, the market did not support the development of LDUs, and only The Lion
constructed new LDUs under LMU-1. A few projects were originally constructed with
small unit types that fall into this category, most notably Lift House and Vantage Point.
In the past 20 years, only 4 new lodge dwelling units have been constructed which is
not a great success for the LDU concept recommended by the LRMP.
Since the 1990s, the market has seen a dramatic increase in the short-term rental of
dwelling units, due to three primary factors:
•Use of the internet and smart phones
•Increase in the use of on-line short-term rental sites, such as AirBnB and VRBO
•Rental management companies
This has allowed many
owners of units that may not
have on-site rental
management and services
to short-term rent their
properties. In summary,
while neither timeshare units
nor LDUs were popular
development methods, the
short-term rental of dwelling
units throughout the town
has been extremely
successful in the creation of
warm beds.
The Town’s goal of increasing
!6
A simple search of VRBO for rentals available in “Lionshead
Village, Vail, CO yields over 300 results, indicating the success of
on-line short-term rental sites.
April 2, 2019 - Page 153 of 196
the bed base through the provision of hotel rooms as part of new development
projects has also been challenging. Many of the developments in Lionshead are not
necessarily structured to be able to manage a hotel operation. As a result, new hotel
rooms in Lionshead have only been constructed by Vail Resorts at the Arrabelle.
Most projects have needed and will
continue to need new dwelling units to fund
redevelopment projects. This was a fact
identified in the LRMP in the 1990s, and was
based on economic modeling that was
adopted as part of the appendices of the
LRMP. The modeling at the time identified a
need for a 33% increase over existing density
to be able to fund redevelopment of existing
buildings. The LRMP stated:
Density (Dwelling Units Per Acre):
The allowable density of development
in the study area should be increased
to provide ample incentive and
create the financial mechanism for
redevelopment of properties.
Additional consideration must be
given to existing properties that
currently exceed the density limitations. A model developed during the master
planning process showed that an increase of at least 33% over existing zoning or
existing dwelling units on a given site would be needed to make redevelopment
an attractive option.
In order to encourage the development of live beds or warm beds in Lionshead,
the master plan recommends that accommodation units, hotel rooms and
fractional ownership units not be counted in the calculation of density. Further,
because it is a community goal to increase the number of permanent residents
in Lionshead, employee housing units that are deed restricted for local
employees should not count toward density.
While this increase in density spurred new development in Lionshead, it could be
argued that the substantial increase in GRFA also played a role. CC2, which was the
zone district that most of Lionshead was previously zoned, only allows for 80 sq. ft. of
GRFA for each 100 sq. ft. of buildable area. LMU-1 allows for 250 sq. ft. of GRFA for
each 100 sq. ft. of buildable area. This is almost over a 200% increase in allowable
GRFA in Lionshead. This is a result of the recommendation of the LRMP with regard to
GRFA:
Gross Residential Floor Area (GRFA)
!7
Redevelopment of the core site into the
Arrabelle at Vail Square, included 67 dwelling
units and 36 hotel rooms.
April 2, 2019 - Page 154 of 196
An important component of the Lionshead Master Plan process was the analysis
of GRFA’s effectiveness as a tool for insuring the quality of architecture and the
built environment within Lionshead. In short, the masterplan team found that
GRFA was not effective as a primary means of providing for architectural
quality. Based on this finding it is the conclusion of the master plan team that
GRFA should not be the primary means of regulating building size. To
accomplish this, one of two options must be pursued. First, GRFA could be
eliminated. Secondly, the GRFA ratio could be increased so that it functions as
a safety valve to insure that buildings do not exceed the maximum residential
floorplate area that would otherwise be allowed according to the criteria of the
architectural design guidelines. If this second course of action is pursued, the
following recommendations are made:
a.The ratio of Gross Residential Floor Area (GRFA) to lot area should be
increased on all properties within Lionshead, excluding the residential
properties south of Gore Creek, so that the site and architectural design
guidelines, not GRFA, are the primary building size and mass constraint.
b.The method of calculating GRFA should be greatly simplified and changed
to include common space so that basic floor plate area calculations will
suffice.
The substantial increase in GRFA, but minimal increase in density had one major
possible consequence: encouraging the construction of larger dwelling units. In order
to maximize profits, developers are actually encouraged to build larger dwelling units
using available GRFA within a small pool of dwelling units. Modifying the density
requirements could encourage the construction of more, smaller units. These are more
likely to be included in a short-term rental program.
Effects of Increase Density in LMU-1
The additional dwelling units have the potential to increase traffic within the Town of
Vail. However, the real impact is negligible as the number of timeshare units allowed is
currently unlimited and the traffic impacts of a timeshare unit and a dwelling unit are
the same. The Frontage Roads and roundabouts have been designed to absorb this
additional traffic.
The proposed increase in density from 35 dwelling units per acre to an unlimited
number of dwelling units will improve the ability to redevelop properties in Lionshead.
However, it is also prudent to review what will not be affected by the proposed
amendment:
!8
April 2, 2019 - Page 155 of 196
1.Building Height. The LMU-1 zone district prescribes the height limitation of buildings
in Lionshead. The height limit is a maximum average of 71 ft. with maximum height
of 82.5 ft. Furthermore, the LRMP has the most prescriptive Design Guidelines of all
of the Town’s planning documents. For example, the LRMP provides the following
for buildings in Lionshead:
Primary Retail Pedestrian Frontages
On any property edge fronting a retail pedestrian street or mall (see site design
guidelines for definition and locations), at least 50% of a building face shall have
a maximum 16’ initial eave height, at which point that face must step back a
minimum of 12’. The
remaining percentage of
building face may have a
maximum 36’ initial eave
height, at which point the
building face shall step
back a minimum of 12’.
Eave height is defined as
the distance from finished
grade to the initial primary
eave of the structure.
Gable faces of buildings are
also measured to their eaves,
excluding the actual wall area which comprises the gable. The intent of this
retail/pedestrian street requirement is to present a dynamic, fragmented
streetfront to outdoor spaces, rather than uniform blocks of building mass (see
Section 8.4.2.2).
Remaining Building Frontage
Building faces that do not meet the special site criteria of the sections above
may have a maximum initial eave height of 60’, at which point those faces must
step back a minimum of 12’. To the extent possible, all new and redeveloped
buildings in Lionshead should avoid “turning their backs” on other buildings or
important pedestrian corridors. However, it must be acknowledged that very
few buildings have prime frontage on all sides and almost all buildings will have
different programmatic requirements and visual characteristics on their different
faces. Toward that end, a building’s greatest vertical mass and “back of house”
functions should occur on the frontage with the least volume of pedestrian
traffic. In addition, components of a building with the greatest vertical mass
should be oriented north-south to minimize the blockage of southern views and
sunlight.
It is critical to note that the 60’ maximum initial eave height does not allow for
an unarticulated, flat building face from grade to 60’. The horizontal and
vertical maximum unbroken building face requirements, all other guidelines
!9
April 2, 2019 - Page 156 of 196
contained in this chapter and the Master Plan, and DRB review and approval,
shall still apply.
The increase in density will not impact the height, stepbacks, or vertical mass of
buildings in Lionshead. These standards remain as prescribed by both the LRMP
and the LMU-1 zone district, meaning the all development will have to occur within
the three dimensional building envelope, or “box,” prescribed by the standards.
2.Site Coverage. This site coverage standard of “70% of site area or as prescribed by
the LRMP,” is not proposed to be amended. This means that the footprint of
buildings within Lionshead will not be affected by an increase in density. This further
limits the “box” of development.
3.GRFA. No change is proposed to the current allowance of GRFA at 250 sq. ft. per
each 100 sq. ft. of buildable area. In LMU-1, GRFA includes all square footage
within dwelling units, fractional units, and hotels. It only exempts EHU square
footage from the GRFA calculation. As a result, the square footage that can fill the
“box” remains as it is today.
4.Setbacks. Setbacks requirements, which are 10 ft. or as prescribed by the LRMP,
are not proposed to be amended.
5.Parking. Lionshead is within the Commercial Core Area for parking requirements.
The parking requirements are not proposed to be amended. All new dwelling units
will need to be parked per Chapter 12-10 of the Vail Town Code. These
requirements are as follows:
Because these development standards will not change with the increase in density,
the “box” of buildings also will not change. Developers will need to meet this
standards, or need to be granted variances by the Town to change the “box.”
Treetops Vision for Redevelopment
While this amendment affects all properties within the LMU-1 zone district, the
applicant who is spearheading this proposal, Treetops Condominium Association, is
considering a redevelopment project. This section is provided for information only, is
Dwelling Unit 1.4 spaces
Dwelling Unit with one attached accommodation
unit
1.4 spaces
Dwelling Unit with more than one attached
accommodation unit
1.4 spaces plus .7 space per each
additional attached accommodation unit
!10
April 2, 2019 - Page 157 of 196
not part of this application, and will require
future applications for review by the Town
of Vail.
The Treetops property currently consists of
28 dwelling units and one on-site
manager’s unit, which is not deed-
restricted. Two units were combined into
one at some point in the past. With the
current density limitations, Treetops could
add 9.57 new dwelling units under the 33%
increase allowance. Available GRFA is
approximately 60,500 sq. ft. The existing
units are approximately 1,200 sq. ft. on
average. Treetops is proposing average
unit sizes of approximately 1,300 sq. ft.,
which equates to approximately 45
additional units.
This unit type and density will allow for the
redevelopment of Treetops in such a
manner as to achieve the desired
o u t c o m e s o f t h e L R M P. A n y
redevelopment of Treetops will also include
commercial floor area, employee housing,
and underground parking. Treetops will be developed in compliance with all other
development standards of the LMU-1 zoning and the LRMP, including building height
and bulk and mass standards.
Criteria for Review of Text Amendment
The review criteria for a text amendment are provided in Section 12-3-7 and are listed
below. The Applicant’s analysis of conformance with the criteria follows:
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
!11
Treetops Condominiums, located at 452 E.
Lionshead Circle, was originally constructed in
1972.
April 2, 2019 - Page 158 of 196
Applicant Analysis: Chapter 12-1-2: provides the general and specific
purposes of the Zoning Regulations:
A.General: These regulations are enacted for the purpose of promoting
the health, safety, morals, and general welfare of the town, and to
promote the coordinated and harmonious development of the town in
a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of high
quality.
B.Specific: These regulations are intended to achieve the following more
specific purposes:
1.To provide for adequate light, air, sanitation, drainage, and public
facilities.
2.To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3.To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4.To promote adequate and appropriately located off street parking
and loading facilities.
5.To conserve and maintain established community qualities and
economic values.
6.To encourage a harmonious, convenient, workable relationship
among land uses, consistent with municipal development
objectives.
7.To prevent excessive population densities and overcrowding of the
land with structures.
8.To safeguard and enhance the appearance of the town.
9.To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10.To assure adequate open space, recreation opportunities, and
other amenities and facilities conducive to desired living quarters.
11.To otherwise provide for the growth of an orderly and viable
community.
The proposed amendment to the LMU-1 zone district to allow for unlimited
dwelling units is consistent with the purposes listed above. The amendment
encourages density within existing core areas, where density is appropriate
and desired. The LRMP Design Guidelines work in tandem with the Zoning
Regulations to ensure that structures have appropriate height, setback, and
step-backs to ensure that the architectural fabric of the Lionshead
pedestrian character is enhanced and preserved. In addition, parking
requirements, traffic impacts, and public facilities are addressed in the
!12
April 2, 2019 - Page 159 of 196
development review process. The proposed amendment furthers the
general and specific purposes of the Zoning Regulations and is therefore
consistent with this criterion.
2.The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town
Applicant Analysis: Lionshead is governed by the Lionshead
Redevelopment Master Plan, which was adopted in 1998. In 1996, the Town
Council adopted six policy objectives to provide a framework for the master
plan process. These were:
Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a
warmer, more vibrant environment for guests and residents. Lionshead
needs an appealing and coherent identity, a sense of place, a
personality, a purpose, and an improved aesthetic character.
Vitality and Amenities
We must seize the opportunity to enhance guest experience and
community interaction through expanded and additional activities and
amenities such as performing arts venues, conference facilities, ice rinks,
streetscape, parks and other recreational improvements.
Stronger Economic Base Through Increased Live Beds
In order to enhance the vitality and viability of Vail, renewal and
redevelopment in Lionshead must promote improved occupancy rates
and the creation of additional bed base (“live beds” or “warm beds”)
through new lodging products. Live beds and warm beds are best
described as residential or lodging rooms or units that are designed for
occupancy by visitors, guests, individuals, or families on a short term rental
basis. In order to improve occupancy rates and create additional bed
base in Lionshead, applications for new development and
redevelopment projects which include a residential component shall
provide live beds in the form of accommodation units, fractional fee club
units, lodge dwelling units, timeshare units, attached accommodation
units (i.e, lock-off units), or dwelling units which are included in a voluntary
rental management program and available for short term rental. Further,
it is the expressed goal of this Plan that in addition to creating additional
bed base through new lodging products, there shall be no net loss of
existing live beds within the Lionshead Redevelopment Master Plan study
area.
!13
April 2, 2019 - Page 160 of 196
Improved Access and Circulation
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
Improved Infrastructure
The infrastructure of Lionshead (streets, walkways, transportation systems,
parking, utilities, loading and delivery systems, snow removal and storage
capacity) and its public and private services must be upgraded to
support redevelopment and revitalization efforts and to meet the service
expectations of our guests and residents.
Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so
that adequate capital may be raised from all possible sources to fund
desired private and public improvements.
For private development and redevelopment of properties within Lionshead,
two of these are of utmost importance: “Renewal and Redevelopment” and
“Stronger Economic Base Through Increase Live Beds.” It was recognized that
only through the redevelopment of Lionshead could it become a more vibrant
environment for residents and guests, and that the provision of live and warm
beds was paramount for redevelopment projects. It is important to note that
the policy objectives regarding live beds was amended in 2006 to provide
stronger language on the provision of live beds within Lionshead.
In Chapter 7 of the LRMP, the Town recognized that density (dwelling units per
acre) needed to be increased to encourage redevelopment. In the mid-1990s,
the economic model indicated that a 33% increase over existing zoning or
existing number of dwelling units was needed to make redevelopment possible.
In addition, fractional, timeshare, and hotel units were exempt from the density
calculation, as it was thought that this would encourage the development of
live beds. A 33% percent may have been appropriate for some properties in the
1990s but that limitation on density no longer holds true in today’s economy and
given the cost of construction in this region. The LRMP provided the following on
density:
Density (Dwelling Units Per Acre):
The allowable density of development in the study area should be
increased to provide ample incentive and create the financial
mechanism for redevelopment of properties. Additional consideration
must be given to existing properties that currently exceed the density
limitations. A model developed during the master planning process
showed that an increase of at least 33% over existing zoning or existing
dwelling units on a given site would be needed to make redevelopment
an attractive option.
!14
April 2, 2019 - Page 161 of 196
In order to encourage the development of live beds or warm beds in
Lionshead, the master plan recommends that accommodation units,
hotel rooms and fractional ownership units not be counted in the
calculation of density. Further, because it is a community goal to increase
the number of permanent residents in Lionshead, employee housing units
that are deed restricted for local employees should not count toward
density.
The Vail Land Use Plan was adopted in 1986. It provides the following applicable
goals and policies:
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.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4. Village Core / Lionshead
4.1. Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2. Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved through implementation of
the Urban Design Guide Plan and the Vail Village Master Plan.
As indicated in these goals of the Vail Land Use Plan, increased density and
additional growth is intended to occur within already developed areas,
specifically realizing that growth should occur within the existing core areas.
The proposed amendment is consistent with and furthers the applicable
elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of
the town.
3.The 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
!15
April 2, 2019 - Page 162 of 196
Applicant Analysis: The LMU-1 zone district, adopted in 1999, recognized
that an increase in development potential was critical to encourage the
redevelopment of properties in Lionshead. The density requirements of the
zone district were crafted in such a way as to support this idea. Density was
increased to 35 dwelling units per acre, or a 33% increase over existing
density because many of the existing developments in Lionshead already
exceeded 35 dwelling units per acre. Along with this, hotel and timeshare
units did not count towards density limitations. At the time, timeshare was
considered a viable and profitable development option, but the market for
timeshare ownership has greatly diminished. The Town of Vail recently
approved a reduction in the number of timeshare units as a result of this
change in the market for timeshare at the Four Seasons, which had suffered
from sluggish sales of the timeshare product. Many operators and
developers have significantly reduced timeshare programs and are no
longer involved in the development of new timeshare projects.
The 33% increase in density was also based on some economic modeling
that was done as part of the LRMP, which used assumptions based on the
economy of the 1990s. These models are no longer reflective of the actual
costs of development, as construction costs have significantly increased. In
addition, the Town’s employee housing requirements, both Inclusionary
Zoning and Commercial Linkage, have added substantial costs to
developers. These additional costs were added in 2008, with no
corresponding increase in density allowances to cover the cost of providing
employee housing.
As a result of the issues outlined above, conditions have substantially
changed since the adoption of the current density regulations.
4.The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives
Applicant Analysis: Because the proposed amendment maintains all other
development standards of the LMU-1 zone district, along with all of the
design standards of the LRMP, the proposed amendment creates
opportunities for redevelopment where the development parameters are the
same, no matter what “fits in the box.” The more dwelling units that go into
the box means the smaller they will be and the more likely they will be
rented. In addition, the parking requirement for all uses must be met.
5.Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment
!16
April 2, 2019 - Page 163 of 196
Applicant Analysis: Any other factors and criteria that the Planning and
Environmental Commission deems applicable will be addressed by the
Applicant if requested.
B.Necessary Findings: The Planning and Environmental Commission shall make the
following findings before granting a conditional use permit:
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.
!17
April 2, 2019 - Page 164 of 196
Use Average unit size:1,600
Name of Development
Dwelling
Units
Lodge
Dwelling
Units EHUs Hotel Fractional
Total Units
of All
Types
Lot Size
(acres)
Allowable GRFA
(Sq. Ft.)
Approximate
Year Built or
Redeveloped Redevelopment Challenges
Likelihood of
Redevelopment
Number of Total
Possible units
based on GRFA
and Average
Unit Size (enter
average unit
size above)
EHU Requirement
(10% net new
GRFA) with Avg
Unit Size of 800 sq.
ft.
Net New
Free Market
Units
Free Market +
EHU
Antlers 96 0 9 0 0 105 1.21 131,769 2005 Recent Redevelopment/special formula Low 164.7 6.0 59.7 65.7
Arrabelle 67 0 0 36 0 103 2.93 319,077 2008 Recent Redevelopment Low 199.4 19.3 96.4 115.7
Concert Hall Plaza 0 0 0 0 0 0 0.26 28,314 1978 Constrained Medium 17.7 3.5 17.7 21.2
Enzian 12 0 0 0 0 12 0.3 32,670 1974 Ownership Structure, Recent Remodel Low 20.4 1.7 8.4 10.1
Elevation(proposed)9 0 3 0 0 12 0.31 33,759 Proposed Just being built Low 21.1 1.8 9.1 10.9
Evergreen Lodge 19 0 0 128 0 147 2.45 266,805 1974 High 166.8 4.0 19.8 23.7
First Chair 0 0 32 0 0 32 0.75 81,675 2011 Recent Redevelopment Low 51.0 3.8 19.0 22.9
Landmark 73 3 2 0 0 78 1.51 164,439 2010 Recent Redevelopment Low 102.8 5.0 24.8 29.7
Lift House 1 45 0 0 0 46 0.44 47,916 1973 all units are currently small* special formula High 59.9 1.4 13.9 15.3
Lion Square Lodge North 36 0 0 0 0 36 0.94 102,366 2010 Recent Redevelopment Low 64.0 5.6 28.0 33.6
Lion Square Lodge South and East 66 2 0 31 0 99 1.81 197,109 2004 (remodel)Recent Remodel but with limited new units Low 123.2 4.8 24.2 29.0
Lions Pride Building 0 0 0 0 0 0 0.83 90,387 1975 High 56.5 11.3 56.5 67.8
Lionshead Arcade 14 0 0 0 0 14 0.32 34,848 1971 High 21.8 1.6 7.8 9.3
Lionshead Centre 25 0 0 0 0 25 0.9 98,010 1970 Ownership Structure High 61.3 7.3 36.3 43.5
Lodge at Lionshead I 17 0 0 0 0 17 0.624 67,954 1970 Recent Remodel Low 42.5 5.1 25.5 30.6
Lodge at Lionshead II 19 6 0 0 0 25 0.745 81,131 1974 Recent Remodel Low 50.7 5.1 25.7 30.8
Lodge at Lionshead III 12 0 0 0 0 12 1.228 133,729 1978 High 83.6 14.3 71.6 85.9
Mark Lodge 13 0 0 42 0 55 0.89 96,921 1995 Location within Marriott Low 60.6 1.1 5.6 6.7
Montaneros 40 0 0 0 0 40 1.01 109,989 1972 Recent Remodel Medium 68.7 5.7 28.7 34.5
The Lion 53 4 1 0 10 68 1.57 170,973 2016 Recent Redevelopment Low 106.9 7.8 38.9 46.6
Tree Tops 29 0 0 0 0 29 0.9 98,010 1971 High 61.3 6.5 32.3 38.7
Vail 21 21 0 0 0 0 21 0.36 39,204 1972 Recent Remodel Medium 24.5 0.7 3.5 4.2
Vail International 56 0 0 0 0 56 1.83 199,287 1973 High 124.6 13.7 68.6 82.3
Vail Spa 55 0 0 0 0 55 3.21 349,569 1980 Recent Remodel Low 218.5 32.7 163.5 196.2
Vantage Point 47 9 0 0 9 65 1.53 166,617 1972 High 104.1 7.8 39.1 47.0
West Day Lot Subdivision (Marriott, Ritz, Gore Creek
Residences)*122 0 0 276 45 443 6.82 742,698 2010 Recent Redevelopment Low 464.2 4.2 21.2 25.4
Westwind 35 0 0 0 0 35 0.87 94,743 1969 Medium 59.2 4.8 24.2 29.1
TOTAL 937 69 47 513 64 1,630 36.547 3,979,968 2,599.8 187 970 1,156
Total High 68 346 413
Total Medium 15 74 89
Total Low 104 550 654
TOTAL 187 970 1,156
April 2, 2019 - Page 165 of 196
January 22, 2019
Chris Neubecker
Town of Vail
Community Development Department
75 South Frontage Road
Vail, CO 81657
Dear Chris,
The Mauriello Planning Group (MPG) submitted a draft zoning text amendment to the Town of Vail in
November 2018 for the purpose of modifying the density requirements for the Lionshead Mixed Use 1
Zone District. MPG represents the Treetops Condominium Association which is requesting a text
amendment to the zoning regulations to amend Section 12-7H-12: Density (Dwelling Units per Acre). The
applicant is requesting that residential density be changed to unlimited; but that all other zoning standards
related to building height, GRFA, setbacks, parking, etc. remain unchanged. Therefore, the amendment
would not impact the overall size of the structure, but the number of dwelling units within the structure
would be unlimited by zoning.
The Town of Vail referred the proposed amendment to the Eagle River Water and Sanitation District to
understand the potential impacts on water and wastewater service. Upon review, the current portfolio of
ERWSD water supplies will adequately serve any reasonable density resulting from this zoning change,
therefore, there is currently no concern related to water supply. The District is currently in the process of
updating its Water Master Plan, and will evaluate improvements needed to meet future water demands
resulting from the zone change during that process, but does not anticipate that immediate water system
improvements would be required. However, wastewater service has conveyance and treatment capacity
limitations that require additional analysis on potential impacts.
ERWSD completed a Wastewater Master Plan Update in 2017 in order to plan for and optimize its system
for implementation of new nutrient regulations by the Colorado Department of Public Health and
Environment at its wastewater treatment facilities in Vail, Avon and Edwards. The Plan recommended
$105m in capital improvements to the District’s three wastewater treatment facilities and created an
implementation schedule over the next 15 years that was designed to meet the new regulations while
managing rate impacts to customers. System -wide, an average annual growth rate of 1.14% was
assumed for the Vail Wastewater Treatment Facility service area over a 20-year planning horizon. One of
the key assumptions of the 2017 Wastewater Master Plan Update involved the bypass of peak
wastewater flows, historically observed at peak occupancy during the Christmas holiday week, to the
Avon Wastewater Treatment Facility through the District’s collection system. This peak flow by-pass
forestalls costly treatment capacity enlargements at the Vail Wastewater Treatment Facility, which has
significant site constraints.
The impact of unlimited residential density, while not impacting the building sizes allowed in Lionshead,
could increase the number of internal plumbing fixtures, and therefore overall maximum wastewater flow
that must be conveyed and treated by the District. In reviewing the analysis spreadsheet provided to
April 2, 2019 - Page 166 of 196
Page 2 of 3
ERWSD by MPG on 1/4/19, it is apparent that the key assumption with regards to wastewater production
is the assumed average unit size. In the spreadsheet, a value of 1,600 ft2 is used, though it should be
noted that the Treetops redevelopment is proposing an average unit size of 1,300 ft2. Under this
assumption, the projected number of units increases from 1,630 to 2,132. This is a 31% growth in units.
Over a 20-year planning horizon, this is 1.5% average annual growth.
The expected growth based on the MPG spreadsheet analysis for Lionshead is therefore greater than
what was used to develop the planned capacity for the Vail Treatment Facility in the 2017 Master Plan
update. It is noted that the treatment capacity (after planned upgrades) required for CDPHE permitting is
based on several important assumptions: growth over the entire service area, Inflow and Infiltration rates
being held steady, and constant unit flow per single family equivalent (SFE). Therefore, if the
assumptions in the MPG spreadsheet hold, other areas in the service area would need to average out the
Lionshead growth, with some areas being slightly less than the assumed annual rate of growth in SFEs.
Based on the information currently provided, ERWSD does not foresee immediate problems with the
proposed increased density at the Treetop site. However, the density value assumed in the MPG analysis
for the entire Lionshead Mixed Use 1 Zone District is in fact unregulated and subject to market forces and
developer preferences that could have more significant impacts if smaller units are built throughout the
Zone District, which would result in increased wastewater flows. A sensitivity analysis was performed on
the average unit size to better understand the impact that this value has on total units on parcels that are
expected to be re-developed over the next 20 years. The impact of altering the assumed unit size with
total number of units and average annual growth is shown below in Table 1. The results show density
growth only in the parcels identified by MPG as having a “high” or “medium” expectation of being
redeveloped.
Table 1. Sensitivity of annual growth rate on average new unit size in Lionshead.
Average Size of
New Units (sq. ft)
Number of New
Units
Total Future
Number of Units
Average Annual
Growth Rate over
20 Year Horizon
800 1,397 3,027 4.3%
1000 1,046 2,676 3.2%
1200 808 2,438 2.5%
1400 635 2,265 1.9%
1600 502 2,132 1.5%
If a balanced growth scenario does not happen, and overall growth exceeds that assumed in the Master
Plan, or if the change in Lionshead density differs substantially from that assumed in the MPG analysis,
wastewater flows could eventually exceed the treatment capacity of the Vail Wastewater Treatment
Facility. Under that condition there are several results that may occur that would require a more thorough
analysis than the referral response period allows: operations of the Vail treatment facility may differ from
that assumed in the Master Plan update which could impact water rights and CDPHE permitting, e.g. by-
passes to the Avon treatment facility may occur more frequently (note: the Vail to Avon by-pass also has
finite capacity limitations), treatment capacity or conveyance constraints/limitations may accelerate the
need for and expand the scope of capital improvements recommended in the 2017 Wastewater Master
Plan Update, and the financial planning that resulted from the Master Plan update would need to be
adjusted accordingly. This in turn could have bonding impacts that would affect wastewater rates across
the entire District, and coupled with other planned improvements at the Avon and Edwards Wastewater
Treatment Facilities could compound future rate increases.
April 2, 2019 - Page 167 of 196
Page 3 of 3
Thank you for the opportunity to provide a referral response to the proposed zoning amendment. If you
have any questions or need any further information, please let me know.
Sincerely,
Jason Cowles, PE
Engineer Manager
cc: Siri Roman
Len Wright
Dominic Mauriello
April 2, 2019 - Page 168 of 196
To: Planning Department
From: Public Works Department
Date: 1-22-19
Subject: (PEC18-0041) LMU-1 Density
The Town of Vail Public Works Department has reviewed the application to amend
Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre
maximum while maintaining the existing dimensional standards including GRFA and
building height in the Lionshead Mixed Use-1 zone district. We offer the following
comments.
The application to remove the dwelling units per acre maximum could increase the
number of dwelling units built in LMU-1 which could in turn have an impact on both
pedestrian and vehicular traffic generated by future developments. That being said, the
current LMU-1 zone district has no maximums on unit density for Accommodation Units,
Fractional Fee Units, and Employee Housing Units, so it is difficult to make a black and
white assumption on how many total traffic generating units may ultimately be proposed
in the LMU-1 zone district.
In 2009, the Town of Vail adopted the Vail Transportation Master Plan (VTMP) that
made traffic projections regarding the LMU-1 zone district and its surrounding area and
how development might impact the transportation system. The increased traffic
projections were accommodated with the recommended improvements shown in the
VTMP. These assumptions included the following additional net new development;
• 110 Dwelling Units
• 50 Fractional Fee Type Units
• 20 Accommodation Units
• 50,000 SF Retail
This list excludes those developments that have already occurred since
that time (i.e Arrabelle, Ritz, Landmark, Lion, etc…)
The above future net new development was estimated to generate ~170 net new peak
hour PM vehicular trips, of which ~105 vehicular trips were from unit development.
Also in proximity to LMU-1 is the General Use zone district of the Lionshead Parking
Structure (LHPS). At the time of the VTMP adoption the LHPS was projected to
undergo a major redevelopment including;
April 2, 2019 - Page 169 of 196
• 125 Dwelling Units
• 240 Hotel Units
• 70,000 SF Retail
• 20,000 SF Performing Art Center
This equated to approximately ~260 net new peak hour PM trips with ~145 coming from
unit development.
Both LMU-1 and the LHPS projected development trips are accounted for in the town’s
transportation master plan along with mitigating recommended improvements.
Therefore, as long as future development does not exceed the above projected net new
trip generation in the Lionshead area then the transportation network will not be
negatively impacted in relation to the currently adopted transportation master plan.
To provide a general understanding of potential impacts, a sensitivity analysis should be
looked at;
• If as a result of this amendment, all aging developments are able to redevelop
and maximize the available number of net new dwelling units, 502 (per MPG
analysis) then it is likely that the net new additional traffic trips would be projected
at ~203; 98 more trips than anticipated by the current VTMP.
• However, if not all developments are able to maximize the number of net new
dwelling units, and only 50% are actually developed (251 units), then the net new
traffic trips would be projected at ~102; approximately the same number as
accounted for in the VTMP.
• If only Treetops redevelops and adds 32 net new dwelling units, they would
potentially generate 13 new PM peak hour trips of the 105 accounted for in the
VTMP for units (12%).
• If the LHPS does not redevelop or only develops at a fraction of the original
proposal, then it is likely that there would be no significant impact due to the
amendment.
If there is a significant impact to traffic operations it will most likely occur at the East
Lionshead Circle and the West Lionshead Circle intersections. Therefore it may be
beneficial to complete a sensitivity analysis on those intersections prior to approving this
amendment.
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April 2, 2019 - Page 171 of 196
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 28, 2019
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 Section 12-7H-12, Density, Vail Town Code, to remove the
dwelling units per acre maximum while maintaining the existing dimensional
standards including GRFA and building height in the Lionshead Mixed Use-1
zone district. (PEC18-0041)
Applicant: Treetops Condominium Association, represented by Mauriello
Planning Group
Planner: Chris Neubecker
I. SUMMARY
The applicant, the Treetops Condominium Association, represented by Mauriello
Planning Group, requests the review of a prescribed regulation amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail
Town Code, to remove the dwelling units per acre maximum while maintaining the
existing dimensional standards including GRFA and building height in the Lionshead
Mixed Use-1 zone district.
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 the Planning and Environmental Commission (PEC) forward a
recommendation of approval to the Vail Town Council, of this application, subject to
the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A)
and the applicant’s narrative (Attachment B).
II. DESCRIPTION OF REQUEST
The applicant is proposing to alter the density (dwelling units per acre) maximum within
the Lionshead Mixed Use-1 zone district. As proposed, the change would entail
removing the maximum allowed number of dwelling units per acre, so that there would
be no cap on density. No changes are proposed to the existing limits on Gross
Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping,
April 2, 2019 - Page 172 of 196
or any other dimensional standard. The proposed text amendment would apply only to
properties within the Lionshead Mixed Use-1 (LMU-1) zone district.
This zone district is bounded (approximately) on the north side by S. Frontage Road
and E. Lionshead Circle, on the south side by Gore Creek, on the west at the
intersection of S. Frontage Road and Forest Road, and on the east by Dobson Ice
Arena and the Vail Library. (The Lionshead Parking Structure, Dobson Ice Arena, and
Vail Library are in the General Use (GU) zone district, and are not impacted by this
proposal.) Please see Attachment A – Vicinity Map, for more details.
III. BACKGROUND
Prior to adoption of the current zoning (1999) and the Lionshead Redevelopment
Master Plan (LRMP), the zoning in the Lionshead area included several zone districts
(See Attachment F- Previous Zoning Map). The following zone districts were in place in
the areas currently zoned Lionshead Mixed Use-1:
• Commercial Core 1(CC1)
• High Density Multiple Family (HDMF)
• Medium Density Multiple Family (MDMF)
• Special Development District (SDD)
• Parking (P)
On December 15, 1998 the Vail Town Council adopted the Lionshead Redevelopment
Master Plan via Resolution No. 14, Series of 1998. The purpose of the Plan was “to
encourage redevelopment and new development initiatives within the Lionshead study
area.” Lionshead was recognized at the time to lack the economic vitality of Vail Village
and failed to offer a world-class resort experience. Lionshead lacked growth in
accommodation units, had a poor quality retail experience, uninteresting pedestrian
environment, mediocre architectural character and was absent incentives for
redevelopment. The adopted LRMP created the incentive for redevelopment, and to
date, several properties have redeveloped or new construction has been completed.
On April 6, 1999, the Vail Town Council adopted Ordinance No. 3, Series of 1999 which
amended the zoning regulations by creating two new zone districts, Lionshead Mixed
Use-1 and Lionshead Mixed Use-2 in order to implement the Lionshead Redevelopment
Master Plan.
On April 6, 1999 the Vail Town Council adopted Ordinance No. 4, Series of 1999, which
amended the official zoning map for the Town of Vail and rezoned most of the land
within the Lionshead area to Lionshead Mixed Use-1 zone district.
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IV. PROPOSED TEXT AMENDMENT LANGUAGE
The Prescribed Regulation Amendment is proposed as follows:
EXISTING LANGUAGE:
12-7H-12: DENSITY (DWELLING UNITS PER ACRE):
Up to a thirty three percent (33%) increase over the existing number of dwelling
units on a property or thirty five (35) dwelling units per acre, whichever is greater,
shall be allowed. For the purpose of calculating density, employee housing units,
accommodation units, attached accommodation units, timeshare units, and
fractional fee club units shall not be counted as dwelling units. Additionally, a
"lodge dwelling unit", as defined herein, shall be counted as twenty five percent
(25%) of a dwelling unit for the purpose of calculating density.
PROPOSED LANGUAGE:
12-7H-12: DENSITY (DWELLING UNITS PER ACRE):
There is no density limitation.
V. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the text
amendment application.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Design Review Board:
The Design Review Board has no review authority over a text amendment to the Vail
Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or
denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail
Town Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
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Commission a memorandum containing a description and background of the
application; an evaluation of the application in regard to the criteria and findings outlined
by the Town Code; and a recommendation of approval, approval with modifications, or
denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, and
Lionshead Redevelopment Master Plan are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
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CHAPTER 12-2-2: DEFINITIONS OF WORDS AND TERMS (in part)
ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as
defined herein, which are designed for temporary occupancy by visitors, guests,
individuals, or families on a short term rental basis, and accessible from common
corridors, walks, or balconies without passing through another accommodation unit,
limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation
unit is not intended for permanent residency and shall not be subdivided into an
individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code.
ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to
a dwelling unit within a multiple-family building designed for or adapted to occupancy by
guests which is accessible from a common corridor, walk, or balcony without passing
through another accommodation unit, attached accommodation unit, or dwelling unit.
DENSITY CONTROL: Any requirement of this title that regulates the number or size of
dwelling units per unit of land.
DEVELOPMENT LOT: A delineation of property that may include one or more
structures and/or lot(s) that collectively share dimensional and/or design standards or
guidelines. Examples include, but are not limited to, a duplex property containing two (2)
dwelling units, a condominium complex of one or more buildings or a multi-unit
townhome style development that share dimensional (GRFA, site coverage, etc.) and/or
design (unified architectural and landscape design) standards or guidelines.
DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family
building with kitchen facilities designed for or used by one family as an independent
housekeeping unit.
EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented
for any period less than thirty (30) consecutive days, and shall be occupied by at least
one person who is an employee. For the purposes of this definition "employee" shall
mean a person who works an average of thirty (30) hours per week or more on a year
round basis in Eagle County, Colorado.
FRACTIONAL FEE: A tenancy in common interest in improved real property, including
condominiums, created or held by persons, partnerships, corporations, or joint ventures
or similar entities, wherein the tenants in common have formerly arranged by oral or
written agreement or understanding, either recorded or unrecorded, allowing for the use
and occupancy of the property by one or more cotenants to the exclusion of one or
more cotenants during any period, whether annually reoccurring or not which is binding
upon any assignee or future owner of a fractional fee interest or if such agreement
continues to be in any way binding or effective upon any cotenant for the sale of any
interest in the property.
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FRACTIONAL FEE CLUB: A fractional fee project in which each dwelling unit, pursuant
to recorded project documentation as approved by the town of Vail, has no fewer than
six (6) and no more than twelve (12) owners per unit and whose use is established by a
reservation system and is managed on site with a front desk operating twenty four (24)
hours a day, seven (7) days a week providing reservation and registration capabilities.
The project shall include, or be proximate to transportation, retail shops, eating and
drinking establishments, and recreation facilities.
FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club
described as such in the project documentation and not an accommodation unit within
the fractional fee club. No offer of a fractional fee club unit shall be made except
pursuant to an application for registration and certification as a subdivision developer of
a timeshare program or an exemption from registration approved by the state of
Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et
seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days
after receipt of a written request, the developer of a fractional fee club unit shall provide
to the staff of the department of community development a copy of the application or
request for exemption filed with the state of Colorado real estate commission and/or
evidence of approval of the application or request for exemption.
FULL TIME EMPLOYEE: A person who works an average of thirty (30) hours per week
or more on a year round basis in Eagle County, Colorado.
LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and
which contains six hundred fifty (650) square feet or less of floor area and is intended to
be rented on a short term basis.
Article H: Lionshead Mixed Use 1 (LMU-1) District
12-7H-1: PURPOSE:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-
family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units,
restaurants, offices, skier services, and commercial establishments in a clustered,
unified development. Lionshead mixed use 1 district, in accordance with the Lionshead
redevelopment master plan, is intended to ensure adequate light, air, open space and
other amenities appropriate to the permitted types of buildings and uses and to maintain
the desirable qualities of the zone district by establishing appropriate site development
standards. This zone district is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead redevelopment master plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district include
increases in allowable gross residential floor area, building height, and density over the
previously established zoning in the Lionshead redevelopment master plan study area.
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The primary goal of the incentives is to create economic conditions favorable to
inducing private redevelopment consistent with the Lionshead redevelopment master
plan. Additionally, the incentives are created to help finance public off site
improvements adjacent to redevelopment projects. With any
development/redevelopment proposal taking advantage of the incentives created
herein, the following amenities will be evaluated: streetscape improvements,
pedestrian/bicycle access, public plaza redevelopment, public art, roadway
improvements, and similar improvements. (Ord. 29(2005) § 24: Ord. 3(1999) § 1)
12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
A. Permitted Uses: The following uses shall be permitted in basement or garden
levels within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage/ski club.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Accommodation units.
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Attached accommodation units.
Conference facilities and meeting rooms.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and
lodge dwelling units.
Radio, TV stores, and repair shops.
Religious institutions.
Theaters.
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord.
2(2016) § 12: Ord. 8(2014) § 3: Ord. 1(2008) § 16: Ord. 39(2007) § 3)
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Permitted Uses: The following uses shall be permitted on the first floor or street
level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
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Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and
lodge dwelling units.
Religious institutions.
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord.
2(2016) § 13: Ord. 6(2012) § 2)
12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE:
A. Permitted Uses: The following uses shall be permitted on those floors above the
first floor within a structure:
Accommodation units.
Attached accommodation units.
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Employee housing units, as further regulated by chapter 13 of this title.
Lodges.
Multiple-family residential dwelling units, lodge dwelling units.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted on second floors and
higher above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Banks and financial institutions.
Child daycare centers.
Conference facilities and meeting rooms.
Eating and drinking establishments.
Electronics sales and repair shops.
Fractional fee clubs.
Liquor stores.
Personal services and repair shops.
Professional offices, business offices and studios.
Recreation facilities.
Religious institutions.
Retail establishments.
Skier ticketing, ski school and skier services.
Theaters.
Timeshare units.
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord.
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2(2016) § 14: Ord. 1(2008) § 16: Ord. 29(2005) § 24: Ord. 24(2005) § 3: Ord.
18(2005) § 2: Ord. 6(2000) § 2: Ord. 3(1999) § 1)
12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Brewpubs.
Coin operated laundries.
Commercial storage.
Communications antennas and appurtenant equipment.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public park and recreation facilities.
Public utility and public service uses.
Seasonal uses or structures utilized for more than fourteen (14) days.
Single-family residential dwellings.
Ski lifts and tows.
Television stations.
Two-family residential dwellings.
Additional uses determined to be similar to conditional uses described in this
section, in accordance with the provisions of section 12-3-4 of this title. (Ord.
12(2008) § 17)
12-7H-6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead mixed use 1
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district:
Home occupations, subject to issuance of a home occupation permit in accordance
with the provisions of section 12-14-12 of this title.
Loading and delivery and parking facilities customarily incidental and accessory to
permitted and conditional uses.
Minor arcades.
Offices, lobbies, laundry, and other facilities customarily incidental and accessory to
hotels, lodges, and multiple-family uses.
Outdoor dining decks and patios.
Swimming pools, tennis courts, patios or other recreation facilities customarily
incidental to permitted residential or lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses,
and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 3(1999) § 1)
12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Review Required: The construction of a new building or the alteration of an existing
building that is not a major exterior alteration as described in subsection B of this
section shall be reviewed by the design review board in accordance with chapter 11 of
this title.
1. Submittal Items Required: The submittal items required for a project that is not a
major exterior alteration shall be provided in accordance with section 12-11-4 of this
title.
B. Major Exterior Alteration: The construction of a new building or the alteration of an
existing building which adds additional dwelling units, accommodation units, fractional
fee club units, timeshare units, any project which adds more than one thousand (1,000)
square feet of commercial floor area or common space, or any project which has
substantial off site impacts (as determined by the administrator) shall be reviewed by
the planning and environmental commission as a major exterior alteration in accordance
with this chapter and section 12-3-6 of this title. Any project which requires a conditional
use permit shall also obtain approval of the planning and environmental commission in
accordance with chapter 16 of this title. Complete applications for major exterior
alterations shall be submitted in accordance with administrative schedules developed by
the department of community development for planning and environmental commission
and design review board review.
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1. Submittal Items Required, Major Exterior Alteration: The following submittal items are
required:
a. Application: An application shall be made by the owner of the building or the
building owner's authorized agent or representative on a form provided by the
administrator. Any application for condominiumized buildings shall be authorized by
the condominium association in conformity with all pertinent requirements of the
condominium association's declarations.
b. Application; Contents: The administrator shall establish the submittal
requirements for an exterior alteration or modification application. A complete list of
the submittal requirements shall be maintained by the administrator and filed in the
department of community development. Certain submittal requirements may be
waived and/or modified by the administrator and/or the reviewing body if it is
demonstrated by the applicant that the information and materials required are not
relevant to the proposed development or applicable to the planning documents that
comprise the Vail comprehensive plan. The administrator and/or the reviewing body
may require the submission of additional plans, drawings, specifications, samples
and other materials if deemed necessary to properly evaluate the proposal.
C. Work Sessions/Conceptual Review: If requested by either the applicant or the
administrator, submittals may proceed to a work session with the planning and
environmental commission, a conceptual review with the design review board, or a work
session with the town council.
D. Hearing: The public hearing before the planning and environmental commission shall
be held in accordance with section 12-3-6 of this title. The planning and environmental
commission may approve the application as submitted, approve the application with
conditions or modifications, or deny the application. The decision of the planning and
environmental commission may be appealed to the town council in accordance with
section 12-3-3 of this title.
E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article
shall lapse and become void two (2) years following the date of approval by the design
review board unless, prior to the expiration, a building permit is issued and construction
is commenced and diligently pursued to completion. Administrative extensions shall be
allowed for reasonable and unexpected delays as long as code provisions affecting the
proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(2001) § 2:
Ord. 3(1999) § 1)
12-7H-8: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the evidence
before the planning and environmental commission and the design review board that
the proposed exterior alteration or new development is in compliance with the purposes
of the Lionshead mixed use 1 district, that the proposal is consistent with applicable
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elements of the Lionshead redevelopment master plan and that the proposal does not
otherwise have a significant negative effect on the character of the neighborhood, and
that the proposal substantially complies with other applicable elements of the Vail
comprehensive plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1)
12-7H-9: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be ten thousand (10,000) square feet of buildable
area. (Ord. 3(1999) § 1)
12-7H-10: SETBACKS:
The minimum building setbacks shall be ten feet (10') unless otherwise specified in the
Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord.
3(1999) § 1)
12-7H-11: HEIGHT AND BULK:
Buildings shall have a maximum average building height of seventy one feet (71') with a
maximum height of 82.5 feet, as further defined by the Lionshead redevelopment
master plan. All development shall comply with the design guidelines and standards
found in the Lionshead redevelopment master plan. Flexibility with the standard, as
incorporated in the Lionshead redevelopment master plan, shall be afforded to
redevelopment projects which meet the intent of design guidelines, as reviewed and
approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1)
12-7H-12: DENSITY (DWELLING UNITS PER ACRE):
Up to a thirty three percent (33%) increase over the existing number of dwelling units on
a property or thirty five (35) dwelling units per acre, whichever is greater, shall be
allowed. For the purpose of calculating density, employee housing units,
accommodation units, attached accommodation units, timeshare units, and fractional
fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling
unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit
for the purpose of calculating density. (Ord. 18(2005) § 2: Ord. 31(2001) § 5: Ord.
3(1999) § 1)
12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA):
Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed
for each one hundred (100) square feet of buildable site area, or an increase of thirty
three percent (33%) over the existing GRFA found on the property, whichever is
greater. Multiple-family dwelling units in this zone district shall not be entitled to
additional gross residential floor area under section 12-15-5, "Additional Gross
Residential Floor Area (250 Ordinance)", of this title. (Ord. 3(1999) § 1)
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12-7H-14: SITE COVERAGE:
Site coverage shall not exceed seventy percent (70%) of the total site area, unless
otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24:
Ord. 3(1999) § 1)
12-7H-15: LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20%) of the total site area shall be landscaped, unless
otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24:
Ord. 3(1999) § 1)
12-7H-16: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter 10 of this
title. At least one-half (1/2) of the required parking shall be located within the main
building or buildings. (Ord. 3(1999) § 1)
12-7H-17: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, businesses and services permitted by zone district
shall be operated and conducted entirely within a building, except for permitted
unenclosed parking or loading areas, the outdoor display of goods, or outdoor
restaurant seating.
B. Outdoor Displays: The area to be used for outdoor display must be located directly in
front of the establishment displaying the goods and entirely upon the establishment's
own property. Sidewalks, building entrances and exits, driveways and streets shall not
be obstructed by outdoor display. (Ord. 3(1999) § 1)
12-7H-18: 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. Mitigation of impacts may include, but is not
limited to, the following: employee housing per the town's current employee housing
policy, roadway improvements, pedestrian walkway improvements, streetscape
improvements, stream tract/bank improvements, 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.
14(2006) § 3: Ord. 29(2005) § 24: Ord. 3(1999) § 1)
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Vail Land Use Plan
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.
1.12 Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
2. Village Core / Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through the implementation of the
Urban Design Guide Plan and the Vail Village Master Plan.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
Lionshead Redevelopment Master Plan
2.1 Purpose of the Master Plan
This master plan was initiated by the Town of Vail to encourage redevelopment and
new development initiatives within the Lionshead study area. Both public and private
interests have recognized that Lionshead today lacks the economic vitality of Vail
Village, its neighboring commercial district, and fails to offer a world-class resort
experience. Lionshead’s economic potential has been inhibited by a number of
recurrent themes: lack of growth in accommodation units (“hot beds”), poor retail quality,
the apparent deterioration of existing buildings, an uninteresting and disconnected
pedestrian environment, mediocre architectural character, and the absence of
incentives for redevelopment.
Redevelopment is critical for Vail and Lionshead if the community is to remain a
competitive four-season resort. Other resorts are spending millions of dollars to upgrade
their facilities in order to attract more visitors year-round. Growth in the number of skiers
annually has slowed to one to two percent, intensifying competition for market share.
Skiers are spending less time skiing and more time shopping, dining out, and enjoying
other off-mountain activities. As a result, the demand for quality retail shopping and a
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greater diversity of experiences has dramatically increased. All of these are sorely in
need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if
the community fails to upgrade the quality of its facilities and correct the existing flaws in
its primary commercial nodes.
This master plan, developed over a period of two years and with extensive involvement
by the community, is a comprehensive guide for property owners proposing to
undertake development or redevelopment of their properties and the municipal officials
responsible for planning public improvements. The plan outlines the Town’s objectives
and goals for the enhancement of Lionshead and proposes recommendations,
incentives, and requirements for redevelopment and new development of public and
private properties. It also recommends specific public improvement projects that are
strategically important to the future success of Lionshead. The master plan is intended
to provide direction over the next 15 to 20 years.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more
vibrant environment for guests and residents. Lionshead needs an appealing and
coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic
character.
9.5.2 Rezoning
Zoning districts and land use regulations relevant to the Lionshead study area should
be updated and modified to reflect the recommendations contained in the master plan
and facilitate their implementation. The rezoning process should include the creation of
relevant impact fees that would require development to contribute toward the funding of
required public improvements associated with the development.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Staff finds that the applicant’s proposed text amendment furthers the general and
specific purposes of the zoning regulations by promoting the redevelopment of
residential property, and in some cases the associated commercial spaces, within
the Lionshead base area. The purpose of the Lionshead Redevelopment Plan is to
promote redevelopment, and one way to accomplish this goal is to provide
incentives and flexibility for private sector investments.
The proposed changes will provide additional motivation and options for
redevelopment above those already existing. The removal of the density cap should
have no visual impact on Lionshead, since the existing regulations for GRFA,
building height, setbacks, site coverage, parking and design requirements will
remain.
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Staff finds that this criterion has been met.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
Staff finds that the proposed prescribed regulations amendments will better
implement or achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan. The existing zoning regulations for
the Lionshead Mixed Use-1 zone district, including the incentives for higher density
development, have resulted in the redevelopment of some properties. However,
several other properties have not been redeveloped. The propose density changes
could create enough incentive and flexibility to spur some owners and associations
to take on a redevelopment project.
While not all older properties will take advantage of this proposed change to the
allowed density, the proposed text amendment increases the likelihood for
redevelopment. Those properties that do redevelop will contribute to advancing the
goals for renewal in this important core area of the community while still meeting the
existing dimensional requirements such as GRFA, building height, setbacks, site
coverage, landscaping and parking.
Staff finds that this criterion has been met.
3. The text amendment demonstrates how conditions have substantially
changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable; and
Conditions have changed since the adoption of the Lionshead Mixed Use-1 zone
district, which is shown by the number of properties that remain in a deteriorated
condition. When the existing Lionshead Mixed Use-1 zone district was adopted,
there was an expectation that unlimited density for timeshares, accommodation units
and fractional fee units would help to encourage redevelopment. For some of these
uses, the market demand has waned. For example, timeshare and fractional fee
units are not nearly as popular today as they once were, and many units that were
built now sit empty and unsold. The existing regulation is no longer appropriate or is
inapplicable if it is not achieving the desire policy result.
Removal of the density cap is one more step that can be taken to provide flexibility
and options to encourage owners to upgrade their properties. The existing regulation
is not fully achieving its desired outcome.
Staff finds that this criterion has been met.
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4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. Specifically, the proposed text amendment will only change the allowed
number of dwelling units. No changes are proposed to the GRFA, building height,
setbacks, parking, site coverage or design requirements. As a result, the exterior of
a new building reviewed under the proposed regulations will need to meet the same
regulations that currently apply. Under existing regulations, a building can be
constructed that looks identical to the building that would be allowed with the
proposed text amendment.
Staff finds that this criterion has been met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
In addition to the considerations mentioned above, the PEC should consider the
impact of the proposed text amendment on the capacity of the Town’s infrastructure,
including roads, water and sewer. The proposed text amendment will allow for an
increase in the total number of dwelling units within the Lionshead Mixed Use 1 zone
district, which should also lead to an increase in the number of people living and
staying in Lionshead. As a result, more traffic, water use, and wastewater generation
is anticipated.
As shown on the attached memo from the Eagle River Water and Sanitation District
(ERWSD), the proposal to eliminate the density maximum could have future impacts
on the capacity of the local sewer treatment plants. If the growth is greater than
planned by ERWSD, then “wastewater flows could eventually exceed the treatment
capacity of the Vail Wastewater Treatment Facility.” The Vail W astewater Treatment
Facility is already at capacity during the peak period from Christmas through New
Years week, when wastewater flows are diverted to the Avon Wastewater Treatment
Facility. (Please see the attached memo from the Eagle River Water and Sanitation
Districts (Attachment D).
Increases in density could also have an impact on local traffic. As shown in the Town
Engineer’s memo (Attachment E), the Vail Transportation Master Plan assumes 110
net new dwelling units within the Lionshead Mixed Use-1 zone district. If future
development exceeds this number, and if a major redevelopment of the Lionshead
Parking Structure moves forward, then the Vail Transportation Master Plan will need
to be updated and additional carrying capacity of the transportation system may be
required.
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As proposed, there would be no limit on the number of dwelling units allowed. In
reality, there will not be an unlimited number of units built. For a project that reaches
its maximum GRFA, the size of the units must get smaller as the number of units
increases. At some point, however, smaller units will not make economic sense to
construct if they become too small to be comfortable. Also, staff does not see a fair
comparison between unlimited dwelling units and unlimited EHUs, accommodation
units, timeshares, or fractional fee club units. There is not a strong market demand
for EHUs, AUs, timeshares, or fractional fee club units; there is, however, significant
demand for dwelling units. As a result, staff believes that the applicant’s proposal will
lead to more redevelopment and additional impacts on local infrastructure. Since the
policy of the Lionshead Redevelopment Master Plan is to encourage redevelopment,
staff considers this proposal in line with the policy objective of the plan.
One benefit of the proposed text amendment may be that smaller units are more
likely to be short-term rented than larger units. These “hot beds” are encouraged in
the Lionshead Redevelopment Master Plan since they are assumed to contribute
more effectively to the local economy by supporting local retail and restaurants.
VIII. ENVIRONMENTAL IMPACTS
The Community Development has not identified any significant environmental impacts
with the proposed text amendment. More density may lead to additional traffic coming
into the area, but higher density in already developed areas is usually associated with
better walkability, and greater use of public transit. If this density helps to reduce
development farther from the core of town, and reduces sprawl, then there may be a
minor positive impact on the environment. Demolition and new construction, as well as
the environmental costs of the resulting debris, plus the energy required to construct
new buildings, will likely have some impacts on the environment.
IX. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon
the review of the criteria outlined in Section VII of this memorandum and the evidence
and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a Prescribed Regulations Amendment
pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum
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while maintaining the existing dimensional standards including GRFA and
building height in the Lionshead Mixed Use-1 zone district. (PEC18-0041)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section V this
memorandum, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant’s Narrative
C. Lionshead Analysis of Redevelopment by MPG
D. Letter from Eagle River Water and Sanitation District
E. Letter from Tom Kassmel, Town Engineer
F. Previous Zoning Map – Lionshead Area
G. Lionshead Redevelopment Master Plan (link)
H. Vail Transportation Master Plan (link)
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From:Matt Fitzgerald
To:Chris Neubecker; Council Dist List
Cc:Dominic Mauriello
Subject:Letter of Support for Lionshead Zoning Amendment
Date:Monday, January 28, 2019 9:23:44 AM
Attachments:image001.png
Planning and Environmental Commission
Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Lionshead Zoning Amendment
Dear Commissioners and Councilmembers:
I am writing in support of the Amendment of the Lionshead Mixed Use -1 zone district as proposed
by the Treetops HOA. As a real estate professional and the managing Branch Broker for the Slifer,
Smith and Frampton Lionshead Office I am writing to share my perspective on the Fractional Market
today.
In the early 2000’s fractional ownership was attractive to a certain segment of real estate buyers
because the units offered a consistent resort experience and buyers were able to purchase part of a
unit in a premier location at a “fraction” of the price of the comparable whole ownership unit.
During this time we would see that a number of units, particularly larger units were not actively
rented thus the void of luxury rental inventory bolstered the sales of fractional/timeshare
residences. Since this time much has changed with both the technology of renting and marketing of
rental properties. A number of rental management companies have targeted luxury and ultra-luxury
rental properties. We now see high value properties regularly available in rental programs. These
factors have combined to provide great choice and flexibility for our visitors to the point that I
believe these dynamics have impacted the values of fractional properties in general and acutely in
Lionshead.
A quick review of the Vail Board of Realtors Multiple List Service shows that fractional properties
average days on market is over 600 days which indicates a current lack of demand. In looking at the
Ritz Carlton Club Vail property in Lionshead, Sellers of Fractional Residences have had to heavily
discount to affect a sale. This trend of depreciation in conjunction with fractional units associated
annual fees makes rental of a property a relatively risk free proposition with a plethora of property
rental options. I also know that the “rotating weeks” calendar of fractional usage is a challenge with
the schedules of our guests which again underscores the ease of renting rather then being locked
into a fractional unit.
With regards to building programming the inclusion of a fractional residence program can serve to
limit the number of lenders that will lend on the property as financing of fractional residences is
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extremely limited and it is also impactful in the loan underwriting for whole ownership unit loans as
a number of lenders will not lend in buildings with a fractional component.
The Town should encourage HOA’s and Developers to redevelop and put as many dwelling units into
a building that comply within the current dimensional and square footage standards. This flexibility
will enable parties contemplating redevelopment flexibility to design building programming that will
remain current with market demands. I encourage the town to continue with the revitalization of
Lionshead and approve this amendment.
Thank you for your consideration.
Matt Fitzgerald | Branch Broker Lionshead
Slifer Smith & Frampton Real Estate
970.390.1290 | myvailbroker.com
Vail Real Estate App:Click To Download
Please Note: Slifer, Smith and Frampton will never email you wire instructions, please call me if you are asked to wire money.
"Please Note: We will never email you wire instructions, please call me ifyou are asked to wire money."
April 2, 2019 - Page 194 of 196
Lionshead Centre Condominium Association
520 W. Lionshead Mall * Vail, CO 81657 * (970) 476-3651
Planning and Environmental Commission
Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Lionshead Zoning Amendment
Dear Commissioners and Councilmembers:
I am writing on behalf of the Lionshead Centre Board of Directors in support of the amendment of the Lionshead Mixed
Use -1 zone district being proposed by the Treetops HOA.
The Town did a great job in 1998 when it adopted the Lionshead Redevelopment Master Plan and the zoning that
implemented the plan. The regulations put in place 20 years ago to encourage the redevelopment Lionshead were valid
back then. Those regulations were based on construction costs and the minimum density necessary to encourage a
condominium building to redevelop. The thought was that a 33% increase in density (dwelling units) would generate
sufficient revenue and profit to allow redevelopment to occur. It worked for several properties early on. Today the 33%
increase model no longer holds true.
The desire for hot beds drove most of the thinking in 1998. The Town was experiencing vacancies in condominium units
and the thought was to encourage fractional and timeshare units, which were theorized as having better occupancy
rates. The fractional or timeshare market has waned in Vail and it’s difficult to convince an existing condominium HOA
to get into the business of running a fractional or timeshare program and developers are not willing to take the risk to
build fractional or timeshare units. Something clearly needs to happen.
The good news is that with the progression of the internet and the introduction of platforms like AirBNB, HomeAway,
and VRBO condominium occupancy has increased and the short term rental market has replaced the need for fractional
and timeshare units.
It makes sense that the Town should encourage HOAs to redevelop and put as many dwelling units into a building as
reasonably fits given the dimensional and square footage standards given the new real estate realities in 2019.
Restricting the number of units almost guarantees that only larger units will be developed.
We encourage you to take the next step in the revitalization of Lionshead and allow this amendment to be approved.
Thank you for your consideration.
Sincerely,
Jeffrey Babb
Jeffrey Babb
President, Lionshead Centre Condominium Association
(970) 754-4008, jeffb@vailresorts.com
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A djournment 7:30 p.m. (estimated)
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