HomeMy WebLinkAbout2019-12-03 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Agenda
Town Council C hambers
1:40 P M, December 3, 2019
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment on any agenda item may be solicited by the Town Council.
1.Presentation / Discussion
1.1.Vail Moutain School Students Solutions to Drinking and Driving in the
Valley.
15 min.
Presenter(s): Grant Gary, Vail Mountain School Teacher
Action Requested of Council: Listen and ask questions of the students.
Background: Earlier this school year Mayor Dave Chapin met with students
from Vail Mountain School to discuss drinking and driving. Since that
meeting, the V MS students have been working on ideas and solutions to
drinking and driving in the Vail Valley. The students will present their ideas
to Vail Town Council.
1.2.Presentation regarding Ordinance No. 19, Series of 2019, First Reading:
Amendments to Title 10, Title 12 and Title 14 of the Town of Vail Code
Related to W ildland Urban I nterface Building Construction and
Landscaping
45 Min.
Presenter(s): Mark Novak, Fire Chief: Paul Cada, W ildland Program
Manager
Action Requested of Council: Discussion item. First reading of Ordinance
No. 19 Series of 2019 scheduled for evening session.
Background: Staff has worked extensively with the Building and Fire Code
Appeals Board, the Design Review Board and the Planning and
Environmental Commission to develop amendments to Title 10,12, and 14 of
the TOV Code which are necessary to decrease the potential for
catastrophic loss during a wildland fire.
2.Interviews for Boards and Commissions
2.1.I nterviews for Planning and Environmental Commission 25 min.
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: I nterview candidates who are interested in
serving on P E C.
Background: A partial term vacancy exists on the Town of Vail Planning and
Environmental Commission (P E C) and interviews will be conducted during
the afternoon meeting. Applicants must be residents and registered voters
of the Town of Vail. The term of the appointment begins December 9, 2019
and expire on March 31, 2020. Duties of the seven-member P E C include
review and determination of requests for variances and conditional use
permits, and recommendations to Town Council on special development
December 3, 2019 - Page 1 of 197
districts, subdivisions, rezonings, various Town of Vail proposed plans and
other community matters per the Town Charter and ordinances.
3.D R B / P E C Update (5 min.)
3.1.D RB / P E C Update 5 min.
Presenter(s): J onathan Spence, Senior Planner
4.Information Update (5 min.)
4.1.V LHA November 12, 2019 Meeting Results
4.2.C S E Minutes from 10/16/19 Funding Allocations Meeting and 11/4/19
Regular Meeting
4.3.November Revenue Update
5.Matters from Mayor, Council and Committee Reports (10 min.)
5.1.Finalize Council Subcommittee Appointments
6.Executive Session
6.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) - to receive
legal advice on specific legal questions; and to determine positions, develop
a strategy and instruct negotiators, Regarding: possible real property
acquisition
120 min.
Presenter(s): Matt Mire, Town Attorney
7.Recess
7.1.Recess 5:25 pm estimate
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for
public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media
website the week following meeting day, www.highfivemedia.org.
Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48
hour notification dial 711.
December 3, 2019 - Page 2 of 197
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: Vail Moutain School S tudents Solutions to Drinking and Driving in the Valley.
P RE S E NT E R(S ): Grant Gary, Vail Mountain S chool Teacher
AC T IO N RE Q UE S T E D O F C O UNC I L: L isten and ask questions of the students.
B AC K G RO UND: E arlier this school year Mayor Dave Chapin met with students from Vail
Mountain School to discuss drinking and driving. S ince that meeting, the V MS students have been
working on ideas and solutions to drinking and driving in the Vail Valley. The students will present
their ideas to Vail Town Council.
December 3, 2019 - Page 3 of 197
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: Presentation regarding Ordinance No. 19, S eries of 2019, F irst Reading:
A mendments to Title 10, Title 12 and Title 14 of the Town of Vail Code Related to W ildland Urban
I nterface Building Construction and L andscaping
P RE S E NT E R(S ): Mark Novak, F ire Chief: P aul Cada, W ildland P rogram Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: Discussion item. First reading of Ordinance No. 19
S eries of 2019 scheduled for evening session.
B AC K G RO UND: S taff has worked extensively with the Building and Fire Code Appeals Board,
the Design Review Board and the Planning and Environmental Commission to develop
amendments to Title 10,12, and 14 of the TO V Code which are necessary to decrease the
potential for catastrophic loss during a wildland fire.
AT TAC H ME N TS:
Description
Staff Memo Ordinance No 19 Series of 2019
Attachment A-Fire Department Memo
Attachment B Text Amendments Title 12 Ch 11
Attachment C Text Amendments Title 12 Ch 21
Attachment D Text Amendment Title 14 Ch 2
Attachment E Text Amendment Title 14 Ch 10
Attachment F Ordinance No. 19 Series of 2019
Attachment G Building Code Definitions
Attachment H Fire Resistant Landscape Guidelines
Attachment I Recommended Plant Brochure
Staff Presentation W ildland Urban Interface Code
December 3, 2019 - Page 4 of 197
TO: Town Council
FROM: Community Development Department
DATE: December 3, 2019
SUBJECT: First reading of Ordinance No. 19, Series of 2019, Title 10, Chapter 1 Building
codes and pursuant to Section 12-3-7, Amendment, Vail Town Code, for
prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14,
Development Standards, Vail Town Code, to amend the regulations on building
design and landscaping in the Wildland Urban Interface to reduce the risk of
wildfire, and setting forth details in regard thereto. (PEC18-0035).
Applicant: Town of Vail, represented by Paul Cada, Wildland Program Manager
Planner: Greg Roy
I. SUMMARY
The applicant, the Town of Vail, represented by Paul Cada, Wildland Program Manager,
requests the review of prescribed regulations amendments of Title 10, Chapter 1,
Building Codes and pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town
Code, relating to building design and landscaping in order to reduce the risk of wildfire.
Amendments to Title 10, Chapter 1, Building Codes were reviewed and recommended
for approval by the Building and Fire Code Appeals Board prior to presentation to the
Design Review Board and Planning and Environmental Commission.
On September 23rd, 2019, the Planning and Environmental commission (PEC)
forwarded a recommendation (6-1), for approval, for prescribed regulations
amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail
Town Code, to amend the regulations on building design and landscaping in the
Wildland Urban Interface to reduce the risk of wildfire, of this application subject to the
findings noted in Section VIII of this memorandum.
The following attachments are available for review:
• Attachment A - Applicant’s Narrative / Fire Department Memo
• Attachment B, C, D and E - Proposed Text Amendments
• Attachment F – Ordinance No. 19 Series 2019
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Town of Vail Page 2
• Attachment G - Definitions from the 2018 International Residential Code
• Attachment H - Fire Resistant Landscaping Guidelines
• Attachment I - Plant Recommendations Brochure
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 19, Series of 2019, upon first reading.
III. DESCRIPTION OF REQUEST
The applicant is proposing to amend the Vail Town Code to implement new regulations
on building design and landscaping to reduce the risk of wildfire. These regulations
would include changes to permitted exterior building materials, changes to landscaping
design requirements, and new requirements for the creation of defensible space around
structures. The proposed regulations would apply anywhere within the Town of Vail for
new construction, and to additions of 500 square feet or more of gross floor area.
IV. BACKGROUND
Adoption of the International Wildland Urban Interface Code (IWUIC) was presented to
the Building and Fire Code Appeals Board at seven meetings during 2018 and 2019.
After significant discussions, the Board recommended a change in approach. Rather
than adopting the IWUIC in its entirety, the Board recommended a simplified approach
whereby the Town’s existing regulations would be amended, rather than adopting a new
code book.
Staff presented the proposed text amendments to the Design Review Board (DRB) on
two occasions to gain feedback on the proposed language. On August 7, 2019 the DRB
voted 5-0 to recommend adoption of the proposed text amendments, with the condition
that language also be added to Section 14-10-5-B3b, Vail Town Code, directing users to
the Town’s adopted building code for a definition of combustible siding.
On August 26, 2019 the Planning and Environmental Commission reviewed this
application and requested additional information. As requested, the definitions from the
Residential Building Code on “Combustible Material” and “Noncombustible Material”
have been attached for you review. In addition, staff has attached the current Fire
Resistant Landscaping guidelines and the updated Plant Recommendations guide for
the PEC’s reference. The proposed amendments to Title 10, Building Regulations are
also attached.
On September 9, 2019 the PEC reviewed this application and requested additional
changes. The PEC requested the following changes:
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1.) Staff clarify that these regulations are not retroactive;
2.) Change “shall” to “should” in the new language in Section 12-11-3, Design
Approval, concerning addition of plant materials;
3.) Change uppercase “Town” to lowercase “town” to be consistent with the
existing usage of the word throughout the Vail Town Code.
4.) Change “tenants” to “occupants” in the new definition of Floor Area, Net,
Section 12-2-2.
Language changed from the meeting of September 9, 2019 is shown in red.
On September 23, 2019 the PEC, with a vote of 6-1-0 recommended approval of the
application to the Town Council.
V. PROPOSED TEXT AMENDMENT LANGUAGE
The Prescribed Regulation Amendments proposed may be found in Attachments B - E.
The proposed changes are centered on three main concepts:
1. Identifying the entire Town of Vail as being within a wildfire hazard zone, and at
risk from the spread of wildfires.
2. Requiring all new structures and major additions (500 square feet or greater)
within the Town to be constructed in a manner to resist ignition from wildfire
flames and embers through ignition resistant construction design.
3. Requiring all new landscaping within the Town to use fire resistant design and
defensible space.
VI. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the text
amendment application.
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. The Design Review Board may be consulted on text amendments relating
to design, and may make a recommendation to the Town Council.
Town Council:
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Town of Vail Page 4
The Town Council is responsible for final approval, approval with modifications, or
denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail
Town Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the
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.
VII. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan,
and are relevant to the review of this proposal:
Vail 2020 Strategic Action Plan
Environmental Sustainability
Goal #3: Ecosystem: Improve the health and diversity of the forest and mountain
ecosystem while recognizing the interdependence of the wildland urban interface
(WUI) corridor within Vail.
Actions/Strategies
• Research potential code amendments to further protect homes from wildland
fires.
2018 Open Lands Plan Update
Chapter 3 - Wildfire and Safety Considerations
The Vail Fire & Emergency Services is involved in ongoing efforts to manage
vegetation to minimize the potential threat of wildfire in and around Vail. Wildfires
do not recognize Town or property boundaries and the Department’s mitigation
efforts are not limited to Town owned lands. That said, any decisions regarding
management of the Town’s open lands should be coordinated with the
Department’s wildfire mitigation efforts. Any new recreation trails, whether
located on Town land or on USFS lands, should also involve coordination with
Vail Fire and Emergency Services. Considerations to be addressed include
emergency provider access to trails and mitigation of hazards that may be
presented by standing-dead lodgepole located proximate to any new trails.
Vail Town Code
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Town of Vail Page 5
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. (Ord.
8(1973) § 1.100)
12-3-7: AMENDMENT:
A. Prescription: The regulations prescribed in this title and the boundaries of the
zone districts shown on the official zoning map may be amended, or repealed by
the town council in accordance with the procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this title or a change in zone district
boundaries may be initiated by the town council on its own motion, by the
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planning and environmental commission on its own motion, by petition of any
resident or property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the administrator. The
petition shall include a summary of the proposed revision of the regulations, or a
complete description of proposed changes in zone district boundaries and a map
indicating the existing and proposed zone district boundaries. If the petition is for
a change in zone district boundaries, the petition shall include a list of the owners
of all properties within the boundaries of the area to be rezoned or changed, and
the property adjacent thereto. The owners' list shall include the names of all
owners, their mailing and street addresses, and the legal description of the
property owned by each. Accompanying the list shall be stamped, addressed
envelopes to each owner to be used for the mailing of the notice of hearing. The
petition also shall include such additional information as prescribed by the
administrator.
C. Criteria And Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission
and town council shall consider the following factors with respect to the
requested text amendment:
(1) The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
(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
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
(5) Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
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b. Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment the planning and environmental commission
and the town council shall make the following findings with respect to the
requested amendment:
(1) That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town; and
(2) That the amendment furthers the general and specific purposes of the zoning
regulations; and
(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.
2018 Residential Building Code
Combustible Material: Any material not defined as noncombustible.
Noncombustible Material: Materials that pass the test procedure for defining
noncombustibility of elementary materials set forth in ASTM E136.
VIII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed text amendments further the general and specific purposes of the
zoning regulations by helping to secure the community from fire danger and by
reducing the risks of wildfires.
The proposed changes will require building materials and landscaping designs that
help reduce the spread of fire through use of ignition resistant materials, separation
of structures from landscaping, and creation of defensible space. These regulations
are designed to require compliance for new construction, but also to provide
exemptions for small additions of less than 500 square feet of gross floor area, and
repairs of less than 25% of a deck surface area or deck structure.
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
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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 Vail 2020 Strategic Action
Plan and the 2018 Open Lands Plan Update support efforts to reduce the risks of
wildfires. Additionally, the Town is currently working on a Community Wildfire
Protection Plan to help the Town of Vail incorporate Fire Adapted Community
recommendations into community design and maintenance, and to help the
community take the next step in wildfire preparedness.
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 current regulations. Climate
change has caused Colorado’s average temperature to rise by two degrees
Fahrenheit in the past 30 years i. Projections indicate that the state’s average
temperature could be five degrees higher by 2050ii. Rising temperatures result in
drier forest conditions and increased wildfire probability. As a result, additional
measures are needed in the Town of Vail to plan for, and attempt to reduce, the risk
of wildfires.
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 finds that this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. The proposed text amendments would apply to new construction, and to
additions of 500 square feet or more of gross floor area. A definition of gross floor
area is proposed with these amendments. Over time, these regulations will make the
community safer from the risks of wildfires, and will help to reduce the spread of
fires.
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.
IX. ENVIRONMENTAL IMPACTS
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The Community Development has not identified any significant negative environmental
impacts with the proposed text amendment. While the proposed changes may result in
less overall landscaping close to structures, and may require separation of trees to
prevent fire jumping, these code amendments may have a positive effect on the
environment by reducing the risk of wildfire.
X. STAFF RECOMMENDATION
Should the Town Council choose to approve Ordinance No. 19, Series of 2019, upon
first reading, the Community Development Department recommends the Council pass
the following motion:
"The Vail Town Council approves Ordinance No. 19, Series 2019, upon first
reading to approve Prescribed Regulations Amendments pursuant to Section 12-
3-7, Amendment, Vail Town Code, to amend Title 12, Zoning Regulations, and
Title 14, Development Standards, Vail Town Code, concerning regulations on
building design and landscaping to reduce the risk of wildfire, and setting forth
details in regard thereto.(PEC18-0035)”
Should the Vail Town Council choose to approve the proposed Ordinance No. 19,
Series 2019, the Community Development Department recommends the Council makes
the following findings:
"Based upon the review of the criteria outlined in Section VII of the staff
memorandum to the Planning and Environmental Commission dated September
23, 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 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."
XI. ATTACHMENTS
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A. Applicant’s Narrative/Memo
B. Proposed Text Amendments, Title 12, Chapter 11
C. Proposed Text Amendments, Title 12, Chapter 21
D. Proposed Text Amendment, Title 14, Chapter 2
E. Proposed Text Amendments, Title 14, Chapter 10
F. Ordinance No. 19 Series 2019
G. Definitions – 2018 International Residential Code
H. Fire Resistant Landscaping Guidelines
I. Plant Recommendations Brochure
i Lukas, Jeff, et. al. (August 2014). “Climate Change in Colorado.” Pg. 2. Available at:
http://cwcbweblink.state.co.us/WebLink/ElectronicFile.aspx?docid=191995&searchid=e3c463e8-569c-
4359-8ddd-ed50e755d3b7&dbid=0
ii Coupled Modeling Intercomparison Project Phase 5 (CMIP5) Projections. Available at: http://cmip-
pcmdi.llnl.gov/cmip5/
December 3, 2019 - Page 14 of 197
To: Vail Town Council
From: Mark Novak, Fire Chief and Paul Cada, Wildland Program Manager
Date: December 3, 2019
Subject: Proposed Amendments Town of Vail Code building code and Design Standards
to incorporate ignition resistant materials and methods
I. Background
At the time of the establishment of Vail as a community in the early 1960’s, wildfire was
not a particularly destructive force in the Colorado Rockies. Wildfires were relatively rare
and seldom caused property damage or the loss of homes. Since that time the fire
environment has changed drastically. This change is due to many factors including
increased fuel loads, deteriorating forest health and increased development and human
activity in the wildlands which have brought fire and communities much closer. Over the
last 20 years wildfires have continued to grow larger, harder to control and more
impactful on communities. All 20 of the 20 largest wildfires in Colorado history have
occurred since the start of the new millennia with 7 of the 10 largest in the last 10 years.
Not only are fires getting bigger, but they are also having bigger impacts on
communities. Colorado ranks second in the nation in terms of potential exposure to
wildfire damage. Thousands of homes in Colorado have been lost to wildfire since 2000
and many communities are now dealing with the post fire flooding and water quality
issues that may last for years.
Over the past 16 years the Town of Vail and Eagle County have acknowledged the
potential threat that wildfire presents to the safety, health and vitality of the community.
In addition, there is a growing recognition that catastrophic wildfire is a significant threat
to the environment and specifically to Gore Creek. Mitigating the impacts of wildfire is
also a key sustainability strategy, as the impacts of wildfires upon communities across
the west have dramatically increased over the last two decades.
It has become well accepted by the community that Vail is located within an ecosystem
that is prone and even depends on wildfire to maintain healthy ecological function. It is
not a matter of if, but when a large wildfire will occur in or near the community. Like the
natural environment we all enjoy, the town must adapt to living with wildfire. In 2015
Town Council was presented with the concept of creating a “Fire Adapted Community”
within Vail. The strategic plan of “Fire Adapted Vail” includes the three pillars of the
national cohesive strategy: Resilient Landscapes, Fire Adapted Communities and Rapid
and Effective Response. These have been developed into several highly effective and
well received programs within the town including: large scale fuels reduction projects,
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community slash removal, town wide home hazard evaluations, evacuation
preparedness and significant improvements in wildfire emergency response. This multi-
pronged approach when paired with improved building practices will set the community
on a trajectory for greater resiliency to a wildfire event.
Concurrent with the growth of the fire problem in the Wildland Urban Interface has been
the evolution of the body of knowledge regarding wildland fires and structural ignitability.
The proposed code amendments are informed by this science which has created an
understanding of the role of burning embers in igniting buildings. Due to the ability of
embers to travel up to a mile ahead of a fire, we now know that all buildings in the Town
of Vail are at risk of being impacted by a wildland fire.
To address the threat of wildland fire Eagle County adopted wildfire specific building
regulations in 2003. These building regulations have been directly attributed to
structural survivability during the 2018 Lake Christine Fire. In 2016 the Town of Vail
amended several sections of its code and adopted new design guidelines as an initial
step to address the wildland fire threat within the Town of Vail. The primary impact of
this was the implementation of an advisory landscape plan review to determine
compliance with ignition resistant landscape guidelines. In the summer of 2018 staff
identified the need to address structural ignitability and landscape design in all new
construction and began developing a Wildland Urban Interface Code tailored to meet
the unique conditions of the Town of Vail
II. Current Situation
Vail Fire and Emergency Services have been working with staff from the Community
Development Department over the past 15 months to develop the proposed
amendments to the town code to incorporate wildfire mitigation best practices. This has
included collaboration with staff from the building, environmental and planning
departments, 7 meetings with Building and Fire Code Appeals Board (BFCAB), 3
meetings with Design Review Board (DRB) and 3 meetings with the Planning and
Environmental Commission (PEC). After extensive review BFCAB, DRB and PEC all
voted to recommend approval of the code amendments to Vail Town Council.
The result of this collaboration are code amendments that are consistent with existing
building practices and aesthetic standards as well as an approach to landscaping that
will maintain the character of Vail while decreasing the need for water and pesticides,
resulting in a more sustainable community. This collaboration has also informed a
revision of the Vail Fire Resistant Landscaping Guide that provides guidance on
creating landscapes that are aesthetically pleasing, consistent with best practices to
protect Gore Creek and reduce the risk of a wildfire igniting homes within our
community. The 2018 version of the ICC International Wildland Urban Interface code
was used as a model and modifications were made to incorporate lessons learned from
other jurisdictions that had adopted similar codes. The intention of the code
amendments is to reduce the potential impacts of wildfire upon our community while
maintaining the character of the community.
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The code amendments contain changes to the zoning, planning and building codes
adopted by the town. These amendments as proposed would apply only to new
construction and additions of more than 500 square feet of gross floor area. The
amendments are not retroactive.
In the development of the proposed code amendments staff finds:
1. Adopting these code amendments will substantially reduce the potential for
catastrophic loss of property due to wildfire, providing for an overall safer
community.
2. These code amendments are consistent with current building and landscaping
practices within the Town and surrounding unincorporated Eagle County.
a. Code amendments as proposed will codify current design and building
practices prescribed in the current design guidelines.
3. Adoption of these code amendments will not cause substantial added time or
expense to the development of a property.
a. The proposed code amendments will only apply to new construction and
additions of 500 square feet gross floor area or greater.
b. A substantial number of products, including many currently in use within
the Town, are available to meet the various requirements of the code.
c. Local builders are required to meet many of the same requirements when
completing projects in unincorporated Eagle County to comply with the
Eagle County Wildfire Mitigation Codes.
4. The code has been amended to address the unique building and environmental
challenges of the area.
5. The proposed changes support the Town of Vail Council Action Plan Priority to
“Institute measures to best mitigate wildfire danger”.
6. Results of the 2016 and 2018 community survey show that more than 85% of
respondents support design standards that facilitate the creation of defensible
space and increasing community safety.
a. Support increased from 80% to 85% from 2016 to 2018
The code amendments provide substantial choices in building material and design to
meet the current Town design guidelines. The use of ignition resistant building materials
is currently strongly encouraged in the design guidelines and most projects currently
underway within the Town are complying with the proposed code amendments. The
most substantial change from the Town’s current practices and the proposed adoption
of the code would be the need to inspect landscape installations to ensure that they are
installed as designed.
III. Staff Recommendation
1. Review and approve ordinance number 19 series 2019 amending Title 10,
Chapter 1; Title 12, Chapter 11; Title 12, Chapter 21; Title 14, Chapter 2 and Title
14, Chapter 10 of the Vail Town Code to incorporate and adopt, by reference,
sections of the 2018 edition of the International Wildland Urban Interface Code,
and to amend regulations on building design and landscaping in the wildland
urban interface to reduce the risk of wildfire.
December 3, 2019 - Page 17 of 197
Chapter 11
DESIGN REVIEW
12-11-1: PURPOSE:
12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION:
12-11-3: DESIGN APPROVAL:
12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE:
12-11-5: DESIGN GUIDELINES:
12-11-6: PARK DESIGN GUIDELINES:
12-11-7: DESIGN REVIEW FEE:
12-11-8: PERFORMANCE BOND:
12-11-9: ADMINISTRATIVE POLICIES (REP. BY ORD. 2(2003) §1):
12-11-10: APPEAL TO TOWN COUNCIL (REP. BY ORD. 2(2003) §1):
12-11-11: ENFORCEMENT; INSPECTION:
12-11-12: LAPSE OF DESIGN REVIEW APPROVAL:
12-11-1: PURPOSE:
A. Attractive Attributes Recognized: Vail is a town with a unique natural setting, internationally known
for its natural beauty, alpine environment, and the compatibility of manmade structures with the
environment. These characteristics have caused a significant number of visitors to come to Vail
with many visitors eventually becoming permanent residents participating in community life.
B. Area Character Protection: These factors constitute an important economic base for the town,
both for those who earn their living here and for those who view the town as a precious physical
possession. The town council finds that new development and redevelopment can have a
substantial impact on the character of an area in which it is located. Some harmful effects of one
land use upon another can be prevented through zoning, subdivision controls, and building
codes. Other aspects of development are more subtle and less amenable to exact rules put into
operation without regard to specific development proposals. Among these are the general form
of the land before and after development, the spatial relationships of structures and open spaces
to land uses within the vicinity and the town, and the appearance of buildings and open spaces
as they contribute to the area as it is being developed and redeveloped. In order to provide for
the timely exercise of judgment in the public interest in the evaluation of the design of new
development and redevelopment, the town council has created a design review board (DRB)
and design criteria.
C. Design Review: Therefore, in order to preserve the natural beauty of the town and its setting, to
protect the welfare of the community, to maintain the values created in the community, to protect
and enhance land and property, for the promotion of health, safety, and general welfare in the
community, and to attain the objectives set out in this section; the improvement or alteration of
open space, exterior design of all new development, and all modifications to existing
development shall be subject to design review as specified in this chapter.
December 3, 2019 - Page 18 of 197
D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the
individual designer while at the same time maintaining the remarkable natural beauty of the area
by creating structures which are designed to complement both their individual sites and
surroundings. The objectives of design review shall be as follows:
1. Recognize the interdependence of the public welfare and aesthetics, and to provide a method by
which this interdependence may continue to benefit its citizens and visitors.
2. Allow for the development of public and private property which is in harmony with the desired
character of the town as defined by the guidelines herein provided.
3. Prevent the unnecessary destruction or blighting of the natural landscape.
4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment
of built up and open spaces have been designed so that they relate harmoniously to the natural
landforms and native vegetation, the town's overall appearance, with surrounding development and
with officially approved plans or guidelines, if any, for the areas in which the structures are proposed
to be located.
5. Protect neighboring property owners and users by making sure that reasonable provision has been
made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight
buffers, the preservation of light and air, and those aspects of design not adequately covered by
other regulations which may have substantial effects on neighboring land uses. (Ord. 29(2005) § 30:
Ord. 39(1983) § 1)
6. Balance the design and aesthetic desires of the community and the economy of Vail as an
international resort destination with the need to protect the community from the risk of
wildland fire.
12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION:
A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be
defined and interpreted in accordance with the definitions contained in section 12-2-2 of this title,
unless the context clearly indicates a different meaning was intended. If the context is unclear,
the matter will be referred to the design review board for final determination.
B. Mandatory, Discretionary Distinction: The distinction made between those items contained within
this chapter that are mandatory and those that are discretionary is that statements which are
mandatory are prefaced by the word "shall", and the statements or guidelines which are
discretionary (or merely suggestions) are prefaced by the words "should" or "may". In all
instances, any particular or specific controls over the general. (Ord. 39(1983) § 1)
12-11-3: DESIGN APPROVAL:
A. Scope: No person shall commence removal of vegetation, site preparation, building construction
or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of
an existing structure, paving, fencing or other improvements of open space within the corporate
limits of the town unless design approval has been granted as prescribed in this chapter. The
addition of plant materials to existing landscaping, gardening and landscape maintenance shall
December 3, 2019 - Page 19 of 197
be exempt from this provision, but shall should still comply with the Vail Fire and
Emergency Services Fire-Resistant Landscaping guidelines.
B. Violation: It shall be a violation of this chapter and the building permit for any person to
commence, continue or complete work that has not received design approval as prescribed in
this chapter and/or is not in conformity with the plans approved and authorized by the
administrator and/or the design review board and the building official.
C. Nonconforming Sites And Structures; Effect Of Design Guidelines:
1. Buildings and sites which are not in conformance with the design guidelines, due to annexations or
changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design
guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the
density control section of various zone districts), gross floor area, commercial floor area, or garage
area credit is added to any existing structure or site. Nothing in this code shall be deemed to
retroactively require conformance with design guidelines for existing buildings or sites
unless specifically required by this code.
2. From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this
provision for an expansion to single-family, two-family, and primary/secondary residential dwelling
units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square
feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may
be expanded without requiring upgrades to entire structures and sites to conform to the design
guidelines. The addition itself, however, shall conform to the design guidelines. An expansion which
is greater than five hundred (500) square feet, or any subsequent expansion to a structure,
regardless of size, shall require full compliance of the dwelling unit with the design guidelines.
3. General maintenance and upkeep of a property shall continue to be required regardless of the
amount of floor area added to a structure. The one-time exclusion noted above shall not preclude
the design review board, pursuant to the design guidelines, from requiring landscaping and other
improvements necessary to buffer or mitigate development impacts associated with the
expansion/remodel.
4. Expansions made pursuant to section 12-15-5 of this title shall require full compliance of the entire
dwelling unit with the design guidelines. Interior conversion additions pursuant to section 12-15-4 of
this title shall not trigger the requirement for upgrading sites and structures to fully comply with the
design guidelines, unless it can be classified as a "demo/rebuild", pursuant to section 12-2-2 of this
title. (Ord. 29(2005) § 30: Ord. 10(1998) § 1: Ord. 39(1983) § 1)
5. Additions or alterations of less than 500 square feet of gross floor area shall be exempt from
conformance with Section 14-10-5 B and 14-10-8 B of this code but shall require design
review. For additions of 500 square feet or greater of gross floor area, the addition and
impacted landscaping shall comply with Section 14-10-5 B and 14-10-8 B of this code.
12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE:
A. Preapplication Conference: Prior to the formal filing of an application for design approval, the
applicant should confer with the department of community development to obtain information
and guidance. The purpose of such a conference is to permit the applicant and the staff to
December 3, 2019 - Page 20 of 197
review informally the proposal before substantial commitments of time and money are made.
The department of community development shall indicate on the application form appropriate
staff with which the applicant shall confer. Topics of discussion shall include, but not be limited
to:
1. Characteristics of the site and surrounding areas, including its location, significant natural and
manmade features with particular attention to natural hazard areas, the size and accessibility of the
site, surrounding development and land use, and existing zoning.
2. The nature of the development proposed, including land use types and their densities; the placement
and design of proposed buildings and other improvements of the site, the location, type, and
treatment of open space areas, the preservation of natural features, proposed parking areas and
internal circulation system, the total ground coverage of paved areas, and structures.
3. Community policy considerations including the review process and likely conformity of the proposed
development with the policies and regulations of the town.
4. Applicable regulations, review procedures, and submission requirements.
5. For certain low impact applications, such as, but not limited to, minor remodels, the staff shall assist
the applicant in determining applicable regulations and shall specify submission requirements which
may be waived.
B. Conceptual Design Review:
1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as
prescribed by this chapter may submit plans for conceptual review by the design review board to the
department of community development. The purpose of a conceptual review shall be to give the
applicant a basic understanding with respect to the design concept and the compatibility of a
proposal with the design guidelines contained within this chapter. This procedure is recommended
mainly for those applications of a higher impact than single-family and two-family residences
although projects of that nature shall not be excluded the opportunity to request a conceptual design
review. The following information shall be submitted for a conceptual review ten (10) days prior to a
scheduled design review board meeting:
a. A conceptual site and landscape plan at a minimum scale of one inch equals twenty feet (1" = 20').
b. Conceptual elevations and exterior materials, and a description of the character of the proposed
structure or structures.
c. Sufficient information to show that the proposal complies with the development standards of the zone
district in which the project is to be located (i.e., square footage total, site coverage calculations,
number of parking spaces, etc.).
d. Application form. If the property is owned in common (condominium association) and/or located
within a development lot, the written approval of the other property owner, owners, or applicable
owners' association shall be required. This can be either in the form of a letter of approval or
signature on the application.
e. Planning and environmental commission and/or town council approval if required.
December 3, 2019 - Page 21 of 197
2. Staff; Board Procedure:
a. Upon receipt of an application for conceptual design review the department of community
development shall review the submitted materials for general compliance with the appropriate
requirements of the zoning regulations. If the proposal is in basic compliance with the zoning
regulations the project shall be forwarded to the design review board for conceptual review. If the
application is not generally in compliance with the zoning regulations the application and submittal
materials shall be returned to the applicant with a written explanation of the department of
community development's findings.
b. The design review board shall review the application and supporting material that has been
submitted for a conceptual review in order to determine whether or not the project generally
complies with the design guidelines, and forward comments concerning the design to the applicant.
No vote of the design review board will be required unless requested by the applicant. The property
owner or his/her representative shall be present at the design review board hearing.
C. Preliminary And Final Design Review:
1. Material Submitted To Administrator: The owner or authorized agent of any project requiring design
approval as prescribed by this chapter shall submit for final design approval all of the following
material to the administrator, unless the administrator determines within five (5) days of a written
request for such determination that some of the following material may be excluded:
a. Survey: A topographic survey representative of existing conditions stamped by a surveyor licensed
within the state at a scale of one inch equals twenty feet (1" = 20') or larger of the site with contour
intervals of not more than two feet (2'). Existing trees or groups of trees having trunks with diameters
of four inches (4") or more at one foot (1') above natural grade, rock outcroppings and other
significant natural features such as avalanche areas, 100-year floodplain, and slopes of forty percent
(40%) or more shall be shown, if applicable. The survey shall include ties to an existing bench mark
(either a USGS landmark or sewer invert), property lines showing distances and basis of bearing,
and all easements.
b. Title Report: A preliminary title report.
c. Drainage Plan: A drainage plan shall be prepared. For all developments this study shall include a
contour map showing all existing and proposed watercourses, including the seasonal course limits of
points of departure from the development. An indication of the limits of the 100-year floodplain shall
be plotted on the contour map as well as any revised floodplains. The drainage plan shall also
indicate the location and types of structures that will be necessary to handle the quantities of water
evidenced on the site.
d. Site Plan: A site plan, drawn at a scale of one inch equals twenty feet (1" = 20') or larger, showing
existing and finished grades, the existing and proposed layout of buildings and other structures
including decks, patios, canopies, fences, and walls. The site plan shall show the locations of
landscaped areas, service areas, storage areas, pedestrian walks, driveways with percent slope and
spot elevations, off street parking and loading areas, all retaining walls with spot elevations, and the
proposed elevations of the top of roof ridges. The site plan shall indicate the locations of ingress and
egress and the directions of traffic flow into and out of as well as within parking and loading areas,
the location of each parking space and loading berth, and areas for turning and maneuvering
vehicles. The site plan shall show exact locations of all utilities including existing sources and
December 3, 2019 - Page 22 of 197
proposed service lines from sources to the structures. The site plan shall designate proposed limits
of construction activity.
e. Utility Verification Form: A utility verification form signed by each utility verifying location of service
and availability.
f. Landscape Plan: A landscape plan drawn at a scale of one inch equals twenty feet (1" = 20') or
larger. The landscape plan shall show locations of existing trees or groups of trees having trunks
with diameters of four inches (4") or more at one foot (1') above natural grade that are proposed to
be removed. Shrubs and other native plants proposed to be removed shall be indicated. The
landscape plan shall show trees and other native plants proposed to be retained and methods to be
utilized for the purpose of protecting existing vegetation, the location and design of proposed
landscaped areas, irrigation systems, the varieties and sizes of plant materials to be planted therein,
and the location and design of swimming pool areas, patios, play areas, recreation facilities, and
other usable open space. The landscape plan shall show the mature canopy of trees and
shrubs after fifteen (15) years of growth. The landscape plan shall be accompanied by a
landscape materials list specifying size and quantity of plant materials and a report of the condition
of the existing vegetation upon the site. The landscape plan shall include sufficient detail to provide a
reliable basis for estimating the amount of a performance bond guaranteeing installation and
maintenance of the improvement if required by the town.
g. Architectural Plans: Preliminary architectural plans drawn at a scale of one-eighth inch equals one
foot (1/8" = 1') or larger, including floor plans labeled and drawn in sufficient detail to permit
determination of whether all requirements of this title based on floor area will be met. Architectural
plans shall include all elevations of proposed structures as they will appear on completion. All
elevations shall indicate both existing and finished grades. One or more perspective sketches, a
scale model, photographic overlays, or other similar techniques shall be submitted, as necessary, to
illustrate the overall appearance of the building and site development features in relation to adjacent
properties in the neighborhood. All exterior surfacing materials and colors shall be specified, and
samples of each, with proposed finish shall be submitted.
h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information
required by the sign ordinance codified in title 11 of this code, showing in detail design, materials,
and colors and specifying the method of illumination. Locations of proposed signs shall be indicated
by a numbering system or other clearly comprehensible system of reference to the site plan
prescribed in subsection C1d of this section. Upon request of the administrator, samples of sign
materials shall be submitted.
i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping plans.
(1) Plan Required: In all developments involving two (2) or more acres, an erosion control plan will be
required. For developments involving less than two (2) acres, an erosion control plan may be
required by the department of community development, based upon conditions of slope and soil
stability.
(2) Control Measures: The erosion control plan shall contain control measures sufficient to prevent the
loss by erosion of no more than three (3) tons of soil per acre per year. These standards may be met
through the use of physical measures as detention ponds, grassed waterways and filtration galleries,
or by nonstructural means.
(3) Review Of Plan: The department of community development shall review and approve all erosion
control plans and shall maintain a list of erosion control practices, both structural and nonstructural.
December 3, 2019 - Page 23 of 197
(4) Revegetation: Revegetation shall be an integral part of the erosion control plan. Topsoil shall be
saved during construction and used for revegetation of disturbed areas.
(5) Revegetation Landscaping: Such plan shall be required of any applicant proposing to remove or
disturb existing vegetation. Potential damage to existing landscaping/vegetation shall be adequate
reason for requiring a revegetation plan. At a minimum, plans submitted under this subsection shall
include revegetation of land disturbed by development and construction activity. The department of
community development shall establish and maintain a list of revegetation best management
practices.
(6) Additional Requirements: In addition to the above requirements, the department of community
development may require any or all of the following:
(A) Timing of disturbance.
(B) Disturbed area controls.
(C) Stabilization during disturbance.
(D) Monitoring during disturbance.
(E) Postdisturbance monitoring.
(F) Water quality impact report.
(G) Drainage study.
j. Stormwater Quality Permits: Refer to title 14, chapter 6, "Grading Standards", of this code.
k. Phasing Plan: If a project is to be built in phases the applicant shall submit a site plan of the
proposed project indicating the location and timing of each phase of the project, areas to be utilized
as construction staging areas for each phase, and the limits of construction activity for each phase.
l. Form And Fee: Application form and appropriate fee. If the property is owned in common
(condominium association) and/or located within a development lot, the written approval of the other
property owner, owners, or applicable owners' association shall be required. This can be either in the
form of a letter of approval or signature on the application.
m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape
plan, and shall show the location, the height above grade, the type of illumination (such as
incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for
each light source which is proposed. The applicant shall provide documentation that the lights meet
the standards set forth in section 12-11-5 of this chapter. In addition to locating this information
graphically on a plan, the applicant shall provide the information on the application form provided by
the department of community development.
2. Staff Or Design Review Board Procedure: The department of community development shall check all
material submitted for design review for compliance with the applicable provisions of the zoning
regulations, subdivision regulations, and with this subsection C (the submittal requirements of this
section as outlined above). If the application is found to be in compliance with the applicable
provisions of the zoning regulations, subdivision regulations, and this subsection C, the project shall
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either be placed upon the agenda of the next appropriately scheduled design review board meeting
in accordance with the required application submittal deadlines on file in the department of
community development, or be reviewed by the administrator in accordance with subsection C3,
"Staff Approval", of this section. If the application is found not to be in compliance with the applicable
provisions of the zoning regulations and this subsection C, the application and materials shall be
returned to the applicant with an explanation of the administrator's findings. The administrator may
require any additional items from the applicant as may be necessary for complete and proper design
review.
a. The administrator or the design review board shall review the application and supporting material,
and if the design of the project is found to comply with the objectives and design guidelines of this
chapter, the administrator or the design review board shall approve the design of the project,
documenting such approval in writing and noting any conditions of approval. If additional items are
needed, as specified herein, to determine whether the project will comply with the purpose statement
and design guidelines of this chapter, the design review board may give preliminary approval or
table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary
approval is given, the board shall specify the conditions and additional and/or modified materials
which must be submitted by the applicant to the design review board or to the administrator,
including any changes in the design of the project. The applicant may also table the application to a
future meeting for any reason.
b. If the project is found to conflict with the design guidelines, the administrator or the design review
board shall disapprove the design of the project. Any disapproval shall be in writing and shall
specifically describe the design guidelines with which the design of the project does not comply and
the manner of noncompliance.
c. Following the final review of an application by the design review board at a public meeting, the
design review board shall have thirty (30) days to consider and approve or deny an application. The
time for action may be extended at the request of the applicant.
d. If changes in the design of the project are requested, the design review board shall approve,
disapprove or request further changes within thirty (30) days of the meeting at which the design
review board receives the changes unless an extension is agreed to by the applicant.
e. The applicant or his/her authorized representative shall be present at the design review board
meeting.
3. Staff Approval: The administrator may approve any of the following applications:
a. Any application to modify an existing building that does not significantly change the existing planes
of the building and is generally consistent with the architectural design, including, but not limited to,
exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior
lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor
commercial facade improvements, and other similar modifications;
b. Any application for an addition to an existing building that is consistent with the architectural design,
materials and colors of the building, and approval has been received by an authorized member of a
condominium association, if applicable;
c. Any application to remove or modify the existing vegetation or landscaping upon a site; and
December 3, 2019 - Page 25 of 197
d. Any application for site improvements or modifications including, but not limited to, driveway
modifications, site grading, site walls, installation of accessory structures or recreational facilities.
In the above specified cases, the administrator may review and approve the application, approve the
application with certain modifications, deny the application, or refer the application to the design
review board for decision. All other applications shall be referred to the design review board. (Ord.
27(2016) § 2: Ord. 29(2005) § 30: Ord. 3(2005) § 1: Ord. 24(2000) § 2: Ord. 9(1996) § 6: Ord.
9(1993) § 6: Ord. 12(1988) § 1: Ord. 39(1983) § 1)
12-11-5: DESIGN GUIDELINES:
The design guidelines for all development are contained in title 14 of this code. (Ord. 29(2005) § 30:
Ord. 22(1999) § 5)
12-11-6: PARK DESIGN GUIDELINES:
A. Purpose: These guidelines shall be used by the design review board in reviewing any proposals
for the development of town park land. The guidelines shall be used in conjunction with the
general design review guidelines found in title 14 of this code. It is the intent of these guidelines
to leave as much design freedom as possible to the individual designer while at the same time
encouraging park development that will complement the natural beauty of our park land. The
purpose of the guidelines is to provide continuity in the character of the parks which will be
developed over many years. The guidelines will provide consistent design criteria to maintain the
quality of town parks through all phases of development.
B. Building Materials And Design:
1. General:
a. Natural materials are strongly encouraged in park construction. Materials and detailing must
complement the park's environment as well as be functional and attractive.
b. Materials and designs should be chosen that are economical to maintain.
2. Stone: Natural rock should be used for architectural features such as exposed building walls and
small retaining walls. Sandy gray and brown colors are encouraged, as they blend in with the natural
environment. Construction should minimize exposed mortar, and detailing should reflect concern for
local climatic conditions.
3. Pedestrian Walks; Plazas: Impervious surfacing may be used to emphasize important features or
pedestrian areas. Natural materials and colors are encouraged, as they blend in well with wood,
stone and plant materials. Asphalt is discouraged except when necessary for bike paths and parking
areas.
4. Children's Play Areas: Children's play areas are to be designed with challenge and safety in mind.
Multilevel play structures, tunnels, and other climbing apparatus are to be designed to excite and to
encourage free expression. Native landscaping materials shall be incorporated into the play areas to
soften and blend into the environment. Plant materials shall be provided for the enclosure of the play
areas and for summer shading. Play areas shall be oriented to take advantage of warm winter
exposure and to utilize natural buffers from the wind.
December 3, 2019 - Page 26 of 197
5. Visual Impact:
a. Structures, shelters, or other site buildings shall be designed in a low profile or be set into slope
areas to reduce their vertical dominance upon the site.
b. Major architectural structures shall be designed and accented to attract visitors without becoming a
distracting visual element to other visitors of the park or to adjacent developments.
C. Landscaping; Site Planning:
1. General:
a. Plantings should be used to soften the edge between developed and natural park areas and to
heavily screen conflicting adjacent uses. Such plantings unify developed and natural areas as well
as provide a protective buffer where the adjacent land uses conflict with recreational activities. As an
example, gently sloping lawns are desirable for picnic areas and open field play. Irrigated and
manicured lawn areas can transition into natural areas through the use of native grasses and
shrubs. Fences shall be discouraged between active and passive areas.
b. Noise generating and active play areas should be integrated together and placed away from passive
or natural areas. Needed service facilities, such as restrooms, drinking fountains, etc., should be
located in or adjacent to activities with a high user demand.
2. Views: Plantings and site work should be used to direct views by framing interesting and attractive
features such as distant mountain ranges, ponds, or Gore Creek. Visual screens of plant materials
may be used to close off undesired views such as the interstate, frontage roads, or neighboring
development.
3. Accent Plantings And Materials: In areas of special interest or activity, and in pedestrian areas,
plantings should be used to provide color, texture, form and scent to highlight and emphasize the
special character of these places. Horizontal ground plane textures such as native shrubs, ground
covers, colored pavers, and smooth boulders may also be used to complement the environment.
4. Lighting: If site lighting is deemed appropriate, the lighting should provide for clear visibility while at
the same time eliminating any glare within the park or on adjacent properties. Lighting fixtures shall
be as subtle as possible so that they blend in with the natural park setting. A lighting plan
designating location and appropriate styles of lighting shall be designed for each park that requires
site lighting.
5. Signage: Any signs within the park shall conform to a unified park signage program. Private signs
are prohibited from the park.
D. Access And Parking:
1. Pedestrian Walks And Bike Paths:
a. Pedestrian walks and bike paths shall be provided in the areas of developed facilities and circulation
routes. Walks and bike paths shall be accessible to the physically handicapped and should be
constructed of a hard material.
December 3, 2019 - Page 27 of 197
b. Pathways through natural areas shall be placed where little grade change is required. Surface
materials which provide a hard surface and have a natural appearance should be encouraged.
2. Parking:
a. Parking areas shall be sensitively planned to provide needed parking without impacting the natural
or recreational use areas. Parking shall be visually screened to as great a degree as feasible.
b. Landscaping should be provided along public perimeter roads and between parking areas to provide
screening of noise and visual pollution.
E. Site Preservation And Maintenance:
1. Site Preservation: Open meadows of native grasses and flowers, and permanent stands of
evergreens should be maintained in undeveloped areas of the parks.
2. Site Revegetation: Natural areas that are disturbed during construction shall be vegetated to
encourage plant associations that develop naturally on the site. Revegetation should match
preexisting conditions as closely as possible.
3. Erosion Control:
a. Temporary erosion control measures during construction, and permanent control measures after
construction shall be established to prevent sediment pollution of the creek and to stabilize disturbed
areas. Straw bales shall be used for temporary control measures and jute netting should be used to
permanently stabilize slopes. Any park projects shall be required to include a site preservation
program during construction phases.
b. Limits of site disturbance shall be clearly and physically defined as well as enforced in order to
minimize disturbance to other areas in the park. (Ord. 29(2005) § 30: Ord. 4(1986) § 1)
12-11-7: DESIGN REVIEW FEE:
The town council shall set a design review fee schedule sufficient to cover the cost of town staff
time, consultant fees, and incidental expense. (Ord. 29(2005) § 30: Ord. 39(1983) § 1)
12-11-8: PERFORMANCE BOND:
The building official shall not issue a final certificate of occupancy for structures which have obtained
design review approval until upon inspection it is determined that the project is constructed in
accordance with the approved design review application and plans, and all improvements, amenities
and landscaping have been installed. The building official may issue a temporary certificate of
occupancy not to exceed two hundred ten (210) days upon the applicant posting with the department
of community development a performance bond or other security acceptable to the town council in
the sum of one hundred twenty five percent (125%) of the bona fide estimate of the cost of installing
landscaping and paving and other accessory improvements provided for in the approved design
review application and plans. If said landscaping, paving, and other accessory improvements are not
installed by the applicant within the period allowed, the temporary certificate of occupancy may be
revoked until the same are installed by the applicant or by the town pursuant to the terms of the
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performance bond or other accepted security that has been approved by the town. (Ord. 29(2005)
§ 30: Ord. 5(2003) § 15: 1997 Code: Ord. 39(1983) § 1)
12-11-9: ADMINISTRATIVE POLICIES:
(Rep. by Ord. 2(2003) § 1)
12-11-10: APPEAL TO TOWN COUNCIL:
(Rep. by Ord. 2(2003) § 1)
12-11-11: ENFORCEMENT; INSPECTION:
Before occupying or using any structure included in a design review application, the applicant must
obtain an occupancy certificate after inspection by the department of community development. The
department of community development shall inspect the site to ensure that the work has been
completed in accordance with the application and plans approved by the design review board. It
shall be the duty of the property owner or his/her authorized agent to notify the department of
community development that such work is ready for inspection in order to ascertain compliance with
approved plans. If the project is found upon inspection to be fully completed and in compliance with
the approved design review application and plans, the department of community development shall
issue a final certificate of occupancy. If the project is found to be completed in such a manner that a
temporary certificate of occupancy may be issued as specified by the adopted building code, the
applicant shall post a bond as set forth in section 12-11-8 of this chapter. Upon forfeiture of said
bond or surety, the town shall proceed to install the improvements for which bond or surety was
posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the
owner of said property shall be individually liable to the town for the additional costs thereof.
Furthermore, the amount that the cost of installing said improvements exceeds the amount of the
performance bond shall automatically become a lien upon any and all property included within the
design review application. (Ord. 29(2005) § 30: Ord. 31(2001) § 10: Ord. 39(1983) § 1)
12-11-12: LAPSE OF DESIGN REVIEW APPROVAL:
Approval of the design of a project as prescribed by this chapter shall lapse and shall become void
one year following the date of final approval of the project unless prior to the expiration of one year,
a building permit is issued and construction is commenced and diligently pursued toward completion.
However, if there have been no zoning revisions or revisions or amendments to these guidelines
which would alter the conditions under which the approval was given, the community development
staff may extend the period of approval. (Ord. 39(1983) § 1)
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Chapter 21
HAZARD REGULATIONS
12-21-1: PURPOSE:
12-21-2: DEFINITIONS:
12-21-3: MASTER HAZARD PLANS:
12-21-4: APPROVAL OF MASTER PLANS:
12-21-5: TOWN MANAGER TO ACCUMULATE INFORMATION:
12-21-6: SUPPLEMENTAL STUDIES BY APPLICANT:
12-21-7: REPORT TO TOWN COUNCIL:
12-21-8: INTERPRETATION:
12-21-9: DISCLAIMER OF LIABILITY:
12-21-10: DEVELOPMENT RESTRICTED:
12-21-11: FLOOD HAZARD ZONES:
12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS:
12-21-14: RIGHT OF APPEAL:
12-21-15: REQUIREMENT OF BOND:
12-21-1: PURPOSE:
The purpose of this chapter is to help protect the inhabitants of the town from dangers relating to
development of floodplains, avalanche paths, steep slopes, wildfire hazard areas and
geologically sensitive areas; to regulate the use of land areas which may be subject to wildfire,
flooding and avalanche or which may be geologically sensitive; and further to regulate
development on steep slopes; to protect the economic and property values of the town, to protect
the aesthetic and recreational values and natural resources of the town, which are sometimes
associated with floodplains, wildfire hazard areas, avalanche areas and areas of geological
sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need
for relief in cleanup operations; to give notice to the public of certain areas within the town
where floodplains, wildfire hazard areas, avalanche areas and areas of geologic sensitivity
exist; and to promote the general public health, safety and welfare. (Ord. 5(1985) § 1: Ord.
12(1978) § 4)
12-21-2: DEFINITIONS:
For the purposes of this chapter, the words contained in this section are defined as follows:
ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar
landform, which originates at the apex and is characterized by high velocity flows; active
processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX: A point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's
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flood insurance rate map (FIRM) with a one percent (1%) chance or greater annual chance of
flooding to an average depth of one to three feet (3') where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in
any given year.
BASE FLOOD ELEVATION: The elevation shown on a FEMA flood insurance rate map for
zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE
that indicates the water surface elevation resulting from a flood that has a one percent (1%)
chance of equaling or exceeding that level in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all
sides.
BLUE HAZARD AVALANCHE AREA: An area impacted by a snow producing a total static
and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal
to the flow and/or a return interval in excess of twenty five (25) years.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed
project, which does not revise an effective floodplain map, that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodplain.
CRITICAL FACILITY: A structure or related infrastructure, but not the land on which it is
situated, as specified in subsection 12-21-11I of this chapter, that if flooded may result in
significant hazards to public health and safety or interrupt essential services and operations for
the community at any time before, during and after a flood.
CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system,
without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT: Any manmade change in improved and unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones
A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case
of a building in zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure
member of the elevated floor elevated above the ground level by means of pilings, columns
(posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so
as not to impair the structural integrity of the building during a flood of up to the magnitude of
the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated
building" also includes a building elevated by means of fill or solid foundation perimeter walls
with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of
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zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the
definition of "elevated building", even though the lower area is enclosed by means of breakaway
walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood
insurance program regulations.
EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the
"start of construction" commenced before the effective date of the FIRM. "Existing construction"
may also be referred to as "existing structures".
FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1%) or greater
chance of flooding in any given year. The area is designated as zones A, AE, AH, AO, A1-99,
VO, V1-30, VE or V, on the flood insurance rate map (FIRM).
FLOOD INSURANCE RATE MAP (FIRM): An official map on which the federal emergency
management agency has delineated both the special flood hazard areas (SFHA) and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal emergency
management agency that includes flood profiles and water surface elevation of the base flood as
well as the flood boundary-floodway map.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation
of normally dry land areas from:
A. The overflow of inland or tidal waters.
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the areas within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and
preventive measures for reducing flood damage, including, but not limited to, emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by
water from any source (see definition of Flood Or Flooding).
FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
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FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and
shipbuilding and ship repair facilities, but does not include long term storage or related
manufacturing facilities.
GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject
to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the
department of interior) or preliminarily determined by the secretary of the interior as meeting the
requirements for individual listing on the national register;
B. Certified or preliminarily determined by the secretary of the interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the secretary of interior; or
D. Classified as historically significant per title 10, chapter 2, "Special Historic And
Architectural Structures", of this code.
LETTER OF MAP REVISION (LOMR): FEMA's official revision of an effective flood
insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are
generally based on the implementation of physical measures that affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective base flood elevations (BFEs), or special flood hazard area
(SFHA).
LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the
special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the
placement of fill outside the existing regulatory floodway.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
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LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirement of section 60.3 of the national flood insurance program
regulations.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national
geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown
on a community's flood insurance rate map are referenced.
NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which
the "start of construction" commenced on or after the effective date of an initial FIRM, and
includes any subsequent improvements to such structures. For floodplain management purposes,
"new construction" means structures for which the "start of construction" commenced on or after
December 4, 2007, and includes any subsequent improvements to such structures.
100-YEAR FLOODPLAIN: See the definition of Flood Hazard Zone.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
RED HAZARD AVALANCHE AREA: Any area impacted by a snow avalanche producing a
total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat
surface normal to the flow and/or a return interval of less than twenty five (25) years.
SLOPE: As defined in section 12-2-2 of this title.
SPECIAL FLOOD HAZARD AREA: The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year, i.e., the 100-year floodplain.
START OF CONSTRUCTION (For Other Than New Construction Or Substantial
Improvements Under The Coastal Barrier Resources Act (Pub. L. 97-348)): Includes substantial
December 3, 2019 - Page 34 of 197
improvement and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within one hundred eighty (180) days of the permit date. The "actual start" means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for basement, footings,
piers or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the "actual start of construction"
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty percent (50%)
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market value of the structure.
Market value shall be determined by a qualified assessor designated by the administrator. The
market value of a structure is determined either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure. The term does not,
however, include any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary to assure safe
living conditions.
VIOLATION: The failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in section
60.3(b)(5), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as
that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical
datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
WILDFIRE HAZARD AREA: For the purposes of this code a wildfire hazard area is
defined as an area at elevated risk to public safety from wildland fire. Wildfire hazard
areas contain or are surrounded by vegetation, live or dead, which has the potential to
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burn and cause public safety hazards. All of the Town town of Vail is within a wildfire
hazard area.
ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed
information is not currently available but which may be impacted by said hazard. These zones of
influence shall be designated on the appropriate maps of the administrator of the town. (Ord.
19(2013) § 1)
12-21-3: MASTER HAZARD PLANS:
The town manager shall formulate and develop master hazard plans for the town. Said hazard
plans shall be based on engineering studies and shall indicate the location of known floodplains,
avalanche, wildfire hazard areas and geological hazard zones of influence, known red and blue
avalanche and geological hazard areas, and forty percent (40%) slope areas. In addition, the
plans may show any other information or data deemed to be desirable by the town manager.
Maximum citizen participation during the formulation of the master hazard plans as well as other
phases of the information implementation of the hazard studies and regulations shall be
encouraged. The purpose of the master hazard plans is to identify and alleviate present and future
problems created by the construction of improvements in the hazard areas within the town by
means of presenting in an orderly fashion the general data and information which are essential to
the understanding of the relationship between the hazards and improvements located within said
areas. The master hazard plans may be altered from time to time to conform to new information
or existing conditions. (Ord. 29(2005) § 43: Ord. 12(1978) § 4)
12-21-4: APPROVAL OF MASTER PLANS:
The master hazard plans shall not be considered to be official hazard master plans of the town
until and unless the town council adopts the same, by motion. No substantial modification of the
master hazard plan shall be made unless it is first approved by the town council in a similar
manner. As soon as the master hazard plans are adopted, or portions thereof are adopted, a copy
of it shall be placed on file in the office of the town clerk, where it may be inspected by any
interested party during normal business hours. (Ord. 12(1978) § 4)
12-21-5: TOWN MANAGER TO ACCUMULATE INFORMATION:
The town manager, with the advice and approval of the planning and environmental commission,
shall continue to study and accumulate information as to hazard areas. When additional
information is available, it shall be reviewed by the planning and environmental commission and
added to the master hazard plans. (Ord. 12(1978) § 4)
12-21-6: SUPPLEMENTAL STUDIES BY APPLICANT:
If an application is made to build in an identified avalanche hazard zone of influence or
modification to the floodplain, the administrator may require the applicant to conduct
supplemental studies as specified in this chapter. The information submitted by the applicant
following completion of said studies shall be viewed by the town staff and the planning and
environmental commission and may be added to the master hazard plans. (Ord. 12(1978) § 4)
12-21-7: REPORT TO TOWN COUNCIL:
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The town manager shall report to the town council not less than once each year on any additions
that have been made to the master hazard plan. (Ord. 12(1978) § 4)
12-21-8: INTERPRETATION:
The provisions of this chapter shall be deemed to be minimum requirements. Nothing herein
shall impair the obligations of or interfere with private agreements in excess of the minimum
requirements. Where this chapter imposes a restriction different from that imposed by other
applicable provisions of law, contract, or deed, the more restrictive provision shall control. (Ord.
5(1985) § 3)
12-21-9: DISCLAIMER OF LIABILITY:
This chapter is based on scientific and engineering considerations which are continually being
developed. Compliance with the provisions herein cannot ensure freedom from risk to life, safety
or property. This section shall not create liability on the part of the town or any officer or
employee thereof for any damage that may result from reliance on this chapter, or any
administrative decision lawfully made hereunder. The designation of certain areas as hazard
areas or geologically sensitive areas pursuant to maps incorporated into this chapter does not
imply in any way that areas not so designated are free from all risk to life, safety or property.
(Ord. 5(1985) § 4)
12-21-10: DEVELOPMENT RESTRICTED:
A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure
shall be built on a slope of forty percent (40%) or greater except in single-family residential,
two-family residential, or two-family primary/secondary residential zone districts. The term
"structure" as used in this section does not include recreational structures that are intended for
seasonal use, not including residential use.
B. Structures may be built in blue avalanche hazard areas provided that proper mitigating
measures have been taken.
C. The administrator may require any applicant or person desiring to build in an avalanche
hazard zone of influence to submit a definitive study of the hazard area in which the applicant
proposes to build if the town's master hazard plan does not contain sufficient information to
determine if the proposed location is in a red hazard or blue hazard area. The requirement for
additional information and study shall be done in accord with chapter 12 of this title.
D. The administrator may require any applicant or person desiring to build in an identified blue
avalanche hazard zone to submit additional information or reports as to whether or not
improvements are required to mitigate the possible hazard. If mitigation is required, said
information and report should specify the improvements proposed in the blue avalanche hazard
zone. The required information and reports shall be done in accordance with chapter 12 of this
title. (Ord. 28(2007) § 4: Ord. 29(2005) § 44: Ord. 16(1983) § 1: Ord. 12(1978) § 4)
December 3, 2019 - Page 37 of 197
12-21-11: FLOOD HAZARD ZONES:
A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard
areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision
based on fill (LOMR-F) within the jurisdiction of the town of Vail, Colorado.
B. Purpose: To promote public health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in a flood area;
8. Ensure that those who occupy the floodplain assume the responsibility for their actions;
9. Protect the natural areas required to convey flood flows and retain flow characteristics; and
10. Obtain and maintain the benefits to the community of participating in the national flood
insurance program.
C. Basis For Establishing Special Flood Hazard Areas: Special flood hazard areas identified by
the federal emergency management agency in a scientific and engineering report entitled, "The
Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4,
2007, with accompanying flood insurance rate maps and any revisions thereto are hereby
adopted by reference and declared to be a part of this chapter.
D. Designation Of The Floodplain Administrator: The town engineer or designee is hereby
appointed the floodplain administrator to administer and implement the provisions of this chapter
and other appropriate sections of 44 CFR (national flood insurance program regulations)
pertaining to floodplain management.
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E. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of
the floodplain administrator shall include, but not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this
chapter.
2. Review all permit applications to ensure that the requirements of this chapter have been
satisfied and that the proposed improvement will be reasonably safe from flooding.
3. Review, approve or deny floodplain use and modification permits to determine whether
proposed improvements meet the provisions of this chapter.
4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits
have been obtained from those federal, state, or local government agencies from which prior
approval is required. Conditional floodplain use permits may be issued contingent upon receipt
of the above mentioned agency permits.
5. Review and verify that no new habitable structure is constructed within the special flood
hazard area.
6. Review and verify that a licensed professional engineer or professional land surveyor certified
the location of the 100-year floodplain on all development applications that are adjacent to, or
partially located within the 100-year floodplain, that are proposing improvements that may affect
the floodplain.
7. Where interpretation is needed as to the exact location of the boundaries of the special flood
hazard areas (for example, where there appears to be a conflict between a mapped boundary and
actual field conditions) the floodplain administrator shall make the necessary interpretation.
8. Notify, in riverine situations, adjacent communities and the Colorado water conservation
board, prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the federal emergency management agency.
9. Assure that the flood carrying capacity within any altered or relocated portion of any
watercourse is maintained.
10. When base flood elevation data have not been provided in accordance with subsection C of
this section, the floodplain administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from federal, state or other source, in order to
administer the provisions of subsection G of this section.
11. When a regulatory floodway has not been designated, the floodplain administrator must
require that no new construction, substantial improvements, or other development (including fill)
shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all
December 3, 2019 - Page 39 of 197
other existing and anticipated development, will not increase the water surface elevation of the
base flood more than one-half foot (1/2') at any point within the community.
12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance
program regulations, a community may approve certain development in zones A1-30, AE, AH,
on the community's FIRM which increases the water surface elevation of the base flood by more
than one-half foot (1/2'), provided that the community first applies for a conditional FIRM
revision through FEMA (conditional letter of map revision).
F. Floodplain Permits:
1. Floodplain Use Permit:
a. Purpose: The floodplain use permit is a permit to allow temporary grading within the
floodplain and allow for necessary public infrastructure improvements within the floodplain. A
floodplain use permit may be issued under at least one of the following conditions:
(1) Temporary grading in the floodplain approved by the floodplain administrator, in which the
site is returned to its existing grade and conditions;
(2) Utility construction/maintenance within the floodplain approved by the floodplain
administrator which is deemed to have an insignificant impact to the 100-year floodplain;
(3) Stream bank stabilization within the floodplain approved by the floodplain administrator and
is deemed to have an insignificant impact to the floodplain;
(4) Public infrastructure construction/maintenance approved by the floodplain administrator
including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and
stream erosion control measures which are deemed to have an insignificant impact to the
floodplain;
b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the
following information prior to design review or any review by the planning and environmental
commission:
(1) Site plan at an engineering scale showing the location, dimensions, and elevations of the
proposed landscape/grade alterations, existing and proposed structures, relevant
landscape/topographic features, and the location of the foregoing in relation to the 100-year
floodplain. The floodplain line shall be provided on a plan certified by a licensed professional
engineer or land surveyor.
(2) Detailed topographic cross sections provided by a licensed professional surveyor of the area
proposed to be altered, showing existing and proposed conditions.
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(3) Description of the extent to which any floodplain will be altered including why, when, how,
and when it will be replaced back to its original configuration, and addressing each relevant
criterion in subsection F3 of this section.
(4) Copy of all other necessary approved permits (i.e., building permit, public way permit,
ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.).
(5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts
to the floodplain prepared by a qualified licensed professional engineer.
(6) Submitted application for a conditional FIRM and floodway revision through FEMA, if
applicable.
(7) Any additional information deemed necessary by the floodplain administrator.
2. Floodplain Modification Permit:
a. Purpose: A floodplain modification permit is a permit to allow construction of improvements
and/or modifications to the adopted floodplain for all other uses, improvements, or modifications
to or within the floodplain that do not fall within the guidelines of the floodplain use permit.
However, no habitable structures or improvements shall be allowed to be constructed within the
floodplain.
b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the
following information prior to design review or any review by the planning and environmental
commission:
(1) Elevation of the lowest floor (including basement and crawl space) of all new and
substantially improved structures within or adjacent to the floodplain.
(2) Description of the extent to which any floodplain will be altered including why, when, how,
and when it will be replaced back to its original configuration, and addressing each relevant
factor in subsection F3 of this section.
(3) Signature of the owners of all property subject to an impact by the proposed improvement.
(4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of
the proposed landscape/grade alterations, existing and proposed structures, relevant
landscape/topographic features, and the location of the foregoing in relation to the 100-year
floodplain. The floodplain line shall be provided on a plan certified by a licensed professional
engineer or land surveyor.
(5) Detailed topographic cross sections provided by a licensed professional surveyor of the area
proposed to be altered, showing existing and proposed conditions.
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(6) Copy of all other necessary approved permits (i.e., building permit, public way permit,
ACOE permit, dewatering permit, DOW permit, CDHPE permit).
(7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified
licensed professional engineer.
(8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA,
if applicable.
(9) Environmental impact report, per chapter 12 of this title.
(10) Any additional information deemed necessary by the floodplain administrator.
3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain
use permits may be reviewed by the floodplain administrator or the PEC. All floodplain
modification permits shall be reviewed and approved by the floodplain administrator and the
PEC.
a. Criteria: The following factors shall be used to make a determination in issuance of floodplain
permits:
(1) The effects upon the efficiency or capacity of the floodway;
(2) The effects upon persons and personal property upstream, downstream and in the immediate
vicinity;
(3) The effects upon the 100-year flood profile and channel stability;
(4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage
facilities or systems;
(5) The danger to life and property due to flooding or erosion damage;
(6) The susceptibility of the proposed improvement and its contents to flood damage and the
effect of such damage on the individual owner;
(7) The danger that materials may be swept onto other lands to the injury of others;
(8) The compatibility of the proposed use with existing and anticipated development;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as sewer,
gas, electrical and water systems;
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(11) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
(12) The effect the proposed changes will have any adverse environmental effect on the
watercourse including, without limitation, erosion of stream banks and stream side trees and
vegetation and wildlife habitat;
(13) The necessity to the facility of a waterfront location, where applicable;
(14) The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(15) The relationship of the proposed use to the comprehensive plan for that area.
b. Findings: The following findings shall be made before granting of a floodplain permit:
(1) That the proposed use or modification adequately addresses the findings in subsection F3a of
this section, as determined by the floodplain administrator, unless the applicant can demonstrate
that one or more of the standards is not applicable, or that a practical solution consistent with the
public interest has been achieved;
(2) That the proposed use or modification is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the development objectives
of the town; and
(3) That the proposed use or modification is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
(4) That the proposed use or modification 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.
4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the
cost of town staff time, consultant fees, and incidental expense.
5. Expiration Of Permit: A floodplain permit shall expire two (2) years after its date of issuance
if the permittee has not started construction under the permit.
G. Provisions For Flood Hazard Reduction:
1. General Standards: In all special flood hazard areas, the following provisions are required for
all new construction and substantial improvements:
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a. Habitable structures or improvements shall not be permitted to be constructed within the 100-
year floodplain. Improvements that may be approved for construction within the 100-year
floodplain include:
(1) Temporary grading in the floodplain approved by the floodplain administrator, in which the
site is returned to its existing grade and conditions;
(2) Utility construction/maintenance within the floodplain approved by the floodplain
administrator which is deemed to have an insignificant impact to the floodplain;
(3) Stream bank stabilization within the floodplain approved by the floodplain administrator and
is deemed to have an insignificant impact to the floodplain;
(4) Public infrastructure construction/maintenance approved by the floodplain administrator
including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and
stream erosion control measures which are deemed to have an insignificant impact to the
floodplain;
b. An insignificant impact to the floodplain shall be defined as: An improvement in the
floodplain that is a public benefit that meets the criteria set out in subsection G1a of this section
and causes no negative impacts to adjacent properties and no permanent localized cumulative
increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant
shall apply for a conditional FIRM and floodway revision through FEMA, if applicable;
c. All new structures or improvements, unless otherwise specifically provided for within this
chapter, shall not influence the 100-year floodplain and shall maintain a minimum clear distance
from the 100-year floodplain of one foot (1') in both the horizontal and vertical directions;
d. Floor plans and elevations illustrating that the lowest floor elevations including basement,
together with attendant utility and sanitary facilities, of the new or substantially improved
structure, shall be elevated to at least one foot (1') above the base flood elevation;
e. All approved new or modified improvements shall be designed (or modified) and adequately
anchored to prevent flotation, collapse or lateral movement of the improvement resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
f. All new approved construction or modified improvements shall be constructed by methods and
practices that minimize flood damage;
g. All new approved construction or modified improvements shall be constructed with materials
resistant to flood damage;
h. All existing nonconforming structures located within the 100-year floodplain that may require
maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way,
unless as provided by subsection G1a of this section; and shall increase conformity and flood
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protection as required by the floodplain administrator (i.e., floodproofing, flotation prevention,
flood resistant materials, etc.);
i. All existing nonconforming structures that may require maintenance to operational systems
that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that are designed and/or located so as
to prevent water from entering or accumulating within the components during conditions of
flooding;
j. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
l. On site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
2. Standards For Areas Of Shallow Flooding (AO/AH Zones): Located within the special flood
hazard areas established in subsection C of this section, are areas designated as shallow flooding.
These areas have special flood hazards associated with base flood depths of one to three feet (3')
where a clearly defined channel does not exist and where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of residential structures have the lowest
floor (including basement, together with attendant utility and sanitary facilities) elevated one foot
(1') above the highest adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least 3 feet if no depth number is specified).
b. All new construction and substantial improvements of nonresidential structures have the
lowest floor (including basement, together with attendant utility and sanitary facilities) elevated
one foot (1') above the highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least 3 feet if no depth number is specified), or; together with
attendant utility and sanitary facilities be designed so that one foot (1') above the base flood level
the structure is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
c. A registered professional engineer or architect shall submit a certification to the floodplain
administrator that the standards of this chapter are satisfied.
d. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide
floodwaters around and away from proposed structures.
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3. Floodways: Floodways located within special flood hazard areas established in subsection C
of this section, are areas designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of floodwaters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
a. Encroachments are prohibited, including fill, new construction, substantial improvements and
other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
b. If this subsection G is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this subsection G.
c. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance
regulations, a community may permit encroachments within the adopted regulatory floodway
that would result in an increase in base flood elevations, provided that the community first
applies for a conditional FIRM and floodway revision through FEMA.
H. Properties Removed From Floodplain By Fill:
1. Permit: A floodplain permit shall not be issued for the construction of a new structure or
addition to an existing structure on a property removed from the floodplain by the issuance of a
FEMA letter of map revision based on fill (LOMR-F), unless such new structure or addition
complies with the following:
a. Residential construction: The lowest floor (including basement), electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities (including
ductwork), must be elevated to one foot (1') above the base flood elevation that existed prior to
the placement of fill.
b. Nonresidential construction: The lowest floor (including basement), electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities (including
ductwork), must be elevated to one foot (1') above the base flood elevation that existed prior to
the placement of fill, or together with attendant utility and sanitary facilities be designed so that
the structure or addition is watertight to at least one foot (1') above the base flood level that
existed prior to the placement of fill with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
I. Critical Facilities:
1. Construction of new critical facilities shall be, to the extent possible, located outside the limits
of the regulatory floodplain.
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2. Construction of new critical facilities in the regulatory floodplain shall be permissible if no
feasible alternative site is available, provided:
a. Critical facilities shall have the lowest floor elevated three feet (3') above the base flood
elevation or to the height of the 500-year flood, whichever is higher. If there is no available data
on the 500-year flood, the permit applicants shall develop the needed data in accordance with
FEMA mapping guidelines.
b. Access to and from the critical facility shall be protected to the elevation of the 500-year
flood. (Ord. 19(2013) § 2)
12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
"Slope" is the gradient or configuration of the undisturbed land surface prior to site improvement
of a lot, site, or parcel which shall be established by measuring the maximum number of feet in
elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any
direction between opposing lot lines; the relationship of elevation or vertical measure as divided
by the horizontal measurement shall be expressed as a percentile as a means of quantifying the
term "slope". In determination of "slope" as defined herein, for use in establishing buildable area
requirements and maximum floor area ratio limitations on existing and proposed lots, a grid
system based on ten foot (10') modules shall be superimposed on a topographic map of the
subject property and the lot slope determination established by the defined method for each one
hundred (100) square foot grid portion of the tract, lot or portion thereof.
The following additional special restrictions or requirements shall apply to development on any
lot in a hillside residential, single-family residential, two-family residential or two-family
primary/secondary residential district where the average slope of the site beneath the existing or
proposed structure and parking area is in excess of thirty percent (30%):
A. A soil and foundation investigation, prepared by and bearing the seal of a registered
professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered professional engineer.
C. A topographic survey prepared by a registered surveyor, with contour intervals of not more
than two feet (2'), shall be required.
D. Structures must be designed by a licensed architect.
E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-6B-9, 12-6C-
9 and 12-6D-9 of this title, is amended as follows:
1. Not more than ten percent (10%) of the total site area may be covered by driveways and
surface parking.
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2. In order to protect the natural landform and vegetation on steep slopes, not more than sixty
percent (60%) of the total site area may be disturbed from present conditions by construction
activities. The design review board (DRB) may approve site disturbance in excess of the sixty
percent (60%) maximum if specific design criteria warrant the extent of the requested deviation.
F. A site grading and drainage plan shall be required.
G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5') shall be required.
H. A detailed revegetation plan must be submitted.
I. The administrator may require an environmental impact report as provided in section 12-12-2
of this title.
J. A minimum of one covered parking space shall be provided for each dwelling unit.
K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12-6B-6, 12-6C-6
and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for
garages, except as may be required by the design review board. Garages located in the front
setback, as provided for in this section, shall be limited to one story in height (not to exceed 10
feet) with the addition of a pitched or flat roof and subject to review and approval by the design
review board.
L. Retaining walls up to six feet (6') in height may be permitted in the setback by the design
review board when associated with a permitted garage as referenced in subsection K of this
section. (Ord. 28(2007) § 8: Ord. 17(2006) § 1: Ord. 29(2005) § 45: Ord. 5(2001) § 3: Ord.
2(1995) § 1: Ord. 13(1994) § 1)
12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS:
A. Maps Adopted: The following maps are hereby adopted as the official maps of the town,
identifying areas of geologic sensitivity:
1. The debris flow and debris avalanche hazard analysis map prepared by Arthur I. Mears, P.E.,
Inc., and dated November 1984.
2. The rockfall map prepared by Schmueser and Associates, Inc., and dated November 29, 1984.
3. All areas within the boundaries of the geologic hazards map, figure 3, prepared by Lincoln
DeVore Engineers, Geologists and dated August 16, 1982.
B. Investigation:
1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified
as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall
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area by the Schmueser map, no initial application for a building permit, grading permit or major
or minor subdivision shall be approved until a site specific geologic investigation is complete.
For the purpose of this section, a site specific geologic investigation shall be deemed a detailed
geologic investigation which is applicable to each respective site. All reports and studies required
by this section shall be prepared by a "professional geologist", as defined by Colorado Revised
Statutes section 34-1-01, as amended, or a "registered professional engineer", as defined by
Colorado Revised Statutes section 12-25-102, as amended, under the direction of and at the
expense of the owner/applicant and submitted to the department of community development.
2. The extent of the site specific ecologic investigation required shall be determined by the
geologist or engineer who is responsible for the investigation; however, the investigation shall be
of sufficient thoroughness and accuracy to allow such expert to certify to the following:
a. For all structures other than single-family and two-family dwellings, and "accessory uses"
thereto as defined in section 12-6C-4 of this code:
(1) Whether the geologic conditions are such that the site can or cannot be developed for the
specific structure or use proposed without corrective engineering or engineered construction, or
other mitigation or alterations.
(2) Whether corrective engineering or engineered construction, or other mitigation or alterations
can or cannot be accomplished to reduce the danger to the public health, safety or to property due
to problems related to geologic sensitivity to a reasonable level, and not increase the hazard to
other properties or structures, or to public buildings, rights of way, roads, streets, easements,
utilities or facilities or other properties of construction.
b. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section
12-6C-4 of this title, the site specific geologic investigation shall certify to the following:
(1) Whether the site can be developed for the specific structure or use proposed without
corrective engineering or engineered construction or other mitigation or alterations; or
(2) That the site is a geologically sensitive area but development will not increase the hazard to
other property or structures, or to public buildings, rights of way, roads, streets, easements,
utilities or facilities or other properties of any kind.
C. Development Plan Or Building Permit: Following the completion of the site specific
geological investigation and its review by the department of community development, a
development plan may be approved or a building permit may be issued as follows:
1. For all structures other than single-family and two-family dwellings, and "accessory uses"
thereto as defined in section 12-6C-4 of this title:
a. If the conclusion of the engineer or geologist performing the investigation is that the site can
be developed for the specific structure or activity proposed without corrective engineering or
engineered construction or other mitigation or alterations, the subdivision plan or building permit
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or grading permit may be approved without conditions relating to the mitigation of the areas of
geologic sensitivity.
b. If the finding of the engineer or geologist performing the geologic investigation is that the site
is a geologically sensitive area, but that corrective engineering or engineered construction or
other mitigation or alterations can be accomplished to reduce the danger to the public health and
safety or to property to a reasonable level, and such mitigation does not increase the hazard to
other property or structures, or to public buildings, roads, streets, rights of way, easements,
utilities or facilities, approval of the development plan and/or the issuance of the building or
grading permit shall be conditional and contingent upon approval of plans for corrective
engineering and engineered construction or other litigation or alterations as set forth in this title.
c. If the conclusion of the geologist or engineer performing the site specific geologic
investigation is that the site cannot be developed for the structure or use proposed because the
danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable
level, the subdivision plan or building permit or grading permit shall be denied.
2. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section
12-6C-4 of this title:
a. If the conclusion of the engineer or the geologist performing the investigation is that the site
can be developed for the specific structure or use proposed without corrective engineering or
engineered construction or other mitigation or alterations, or that the site is a geologically
sensitive area, but will not increase the hazard to other property or structures or to public
buildings, roads, streets, rights of way, easements, utilities or facilities, a grading permit or
building permit may be issued.
b. If the finding of the engineer or geologist performing the site specific geologic investigation is
that the site is a geologically sensitive area, but that corrective engineering or engineered
construction or other mitigation or alterations can be accomplished so that there is no increased
hazard to other property or structures, or to public buildings, roads, streets, rights of way,
easements, utilities or facilities, the issuance of a building or grading permit shall be conditional
and contingent upon approval of plans for corrective engineering or engineered construction or
other mitigation or alterations as set forth in this section.
c. If the conclusion of the geologist or engineer performing the site specific geologic
investigation is that the site cannot be developed for the structure proposed because the danger
posed by the geologically sensitive area cannot be reduced or mitigated so that the hazard to
other properties or structures will not increase from the present level or the hazard to public
buildings, roads, streets, rights of way, easements, utilities and facilities will not increase from
the present level, then the building permit or grading permit shall be denied.
D. Construction Requirements: The following requirements shall pertain to the construction of
any building or structure to be built in an identified or designated area of geologic sensitivity and
which requires corrective engineering or engineered construction or other mitigation or
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alterations to reduce the danger to public health and safety or to property due to such problems as
set forth in subsections C1b or C2b of this section:
1. The certified site specific reports and plans required by this subsection shall be prepared by
each engineer and geologist as applicable to their area of expertise and specialty and shall certify
that:
a. Adequate base data as may be pertinent has been provided.
b. Said base data is utilized in the design and planning of the proposed project or structure.
c. Design and construction procedures derived from said base data are executed.
d. Design and construction will reduce danger to the public health, safety or property due to
geologic sensitivity to a reasonable level.
2. No certificate of occupancy, temporary or permanent, shall be issued until the following have
been approved by the department of community development or its authorized representatives:
a. Inspection and certification by the town building official and the engineer or geologist who
prepared the plans and specifications that the work was properly performed in accordance with
the plans and specifications.
b. If the engineer, geologist, or building official of the town finds that the work is not being done
in accordance with the approved plans and specifications, the discrepancy shall be reported
immediately in writing to the contractor and to the department of community development.
Recommendations for corrective measures, if necessary, shall also be submitted.
c. All geologic reports prepared under this section shall be signed by and prepared by or under
the responsible direction of "professional geologists" as defined by Colorado Revised Statutes
section 34-1-201, as amended. Such professional geologist shall be experienced and competent
in the geologic specialty required to meet the objectives of this chapter. Such professional
geologist shall be responsible for certification of all geologic maps and reports prepared by
him/her under his/her responsible direction as specified in this section. All engineering reports
required by this section shall be done by a "registered professional engineer" as defined by
Colorado Revised Statutes section 12-25-102, as amended.
E. Existing Uses Continued; Exceptions: Existing use of land, structures or premises which are
not in conformity with the provisions of this regulation may be continued, except for the
following:
1. No building permit will be issued for the exterior expansion, alteration or addition to existing
structures in geologically sensitive areas except for windows, skylights and other similar minor
alterations unless the requirements of subsections B through D of this section are complied with.
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2. Structures existing on the effective date hereof which are damaged or destroyed may be
reconstructed without compliance to this section as long as said structure complies with other
applicable ordinances and is constructed to substantially the same dimensions as existed prior to
damage or destruction, unless given approval by the town to alter the design.
F. Notice Requirements: In order to provide reasonable notice to the public of the problems
related to geologically sensitive areas, the following notice regulations and requirements are
hereby adopted for all real property and structures located in geologically sensitive areas:
1. All subdivision plats recorded after the effective date hereof shall identify and designate each
lot and block, or portions thereof, located within any geologically sensitive area, together with
applicable subzone designations, by a stamp or writing in a manner providing reasonable notice
to interested parties.
2. All plans submitted after the effective date hereof with the building permit application for
property within said areas shall be stamped by the applicant "Geologically Sensitive Area"
together with the applicable zone designation.
3. Prior to the issuance of any building permit for construction within the geologically sensitive
areas, the owner shall submit a written, signed and notarized affidavit certifying
acknowledgment of receiving personal notice of the fact that said building or structure is in an
area of geologic sensitivity and notice of the studies conducted to date with regard thereto.
4. All owners, lessors or agents who rent, lease or sublet any structure or premises within an area
of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said
property is located within said area prior to any lease being entered into or occupancy, whichever
occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1
of any year.
5. Each and every real estate agent, salesperson and broker, and each and every private party
who offers for sale or shows a parcel of real estate and/or structure for sale within said area of
geologic sensitivity, shall provide the prospective purchaser, with written notice that said real
property and/or structure is located within said area of geologic sensitivity. Furthermore, written
notice shall be made in all instances prior to the execution of any sales documents and shall state
that this section and the studies and maps referred to in this section are available for public
inspection at the office of the department of community development and that said maps, studies
and this section should be reviewed prior to any party entering into any agreement or contract
with regard thereto.
G. Disputes; Procedure: In any case where a person wishes to dispute the designation of any
property as a geologically sensitive area by one of the maps and studies adopted by this section,
the following procedures shall be followed:
1. A written application shall be filed with the department of community development requesting
such a hearing and providing a supporting site specific geologic investigation.
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2. A hearing shall be set on a date a minimum of thirty (30) days after the application has been
filed to allow for a staff review.
3. At the hearing before the town council, the applicant shall be given a reasonable opportunity
to present his/her case and submit technical and geologic evidence to support his/her claim. If the
site specific geologic investigation establishes by clear and convincing evidence that the property
should not be designated as a geologically sensitive area, the town council shall direct the
department of community development to amend the map appropriately.
H. Additions To Maps: In any case where a person wishes to have one of the official maps
adopted by this title amended to notate more detailed site specific information is available, the
following procedure shall be followed:
1. A written application shall be filed with the department of community development requesting
such a hearing and providing a supporting site specific geologic investigation.
2. A hearing shall be set on a date not less than thirty (30) days after the application has been
filed nor more than sixty (60) days to allow for a staff review.
3. If the applicant establishes at the hearing by clear and convincing evidence that the
information contained in the site specific geologic investigation is reliable, the town council shall
direct the department of community development to keep a copy of said site specific
investigation on file in the department of community development and available to the general
public and shall further direct the department of community development to notate the
appropriate official map adopted by this chapter so that it indicates that said site specific
investigation is on file with the department of community development. (Ord. 28(2007) § 9: Ord.
29(2005) § 46: Ord. 20(1985) § 1: Ord. 5(1985) § 5)
12-21-14: RESTRICTIONS IN WILDFIRE HAZARD AREAS
All of the Town town of Vail is situated within a wildfire hazard zone. The natural
vegetation surrounding and throughout the community is dependent on wildfire for
regeneration and ecosystem health. The ecosystem is dependent upon infrequent, high
severity stand replacing wildfire. Wildfires of this character can carry over many
thousands of acres and burn for several weeks. Besides substantial flaming fronts, fires of
this nature frequently send large quantities of embers miles outside of the main fire
perimeter igniting additional spot fires. Due to the long and narrow layout of the town, no
location within the Town town limits are outside the potential ember fall area from a
wildfire.
Structures built within the Town town shall be constructed and landscaped in a manor to
resist ignition from wildfire flames and embers. Specific requirements for ignition
resistant construction and landscaping are in 10-7A, 12-11 and 14-10.
12-21-1415: RIGHT OF APPEAL:
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Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the
decision of the administrator in accordance with section 12-3-3 of this title. In addition, nothing
in this chapter shall be deemed to deny any interested person his/her rights to seek a variance
from the requirements of this chapter. Variances shall be governed by the provisions of chapter
17 of this title.
Variances specific to section 12-21-11, "Flood Hazard Zones", of this chapter shall be governed
by chapter 17 of this title and may be granted under the following conditions:
A. The appeal board may grant variances and place conditions upon them as it deems necessary
to further the purpose and objectives of this chapter as stated in subsection 12-21-11B of this
chapter.
B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the national register of historic places or the state inventory of historic places, upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
C. Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result. (Ord. 19(2013) § 3)
12-21-15 16: REQUIREMENT OF BOND:
Any applicant under this chapter may be required to post bond, a letter of credit, or other
guarantee to ensure that the improvements, reports, or other requirements of this chapter are
completed and complied with. (Ord. 28(2007): Ord. 12(1983) § 1)
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Proposed Text Amendment
14-2-1: DEFINITIONS OF WORDS AND TERMS:
FLOOR AREA, GROSS: The total floor area within the enclosing walls of a structure including, but not
limited to, the following:
A. Areas specifically designed and used for mechanical equipment to operate the building.
B. Stairways.
C. Elevators.
D. Common hallways.
E. Common lobbies.
F. Common restrooms.
G. Areas designed and used for parking.
H. Areas designed and used as storage which do not have direct access to an individual office or retail
store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed
eight percent (8%) of the total proposed net floor area for retail.
I. Areas that may be deducted from the gross residential floor area per Section 12-15-3 of this code.
"Common areas" are spaces for which all tenants occupants in the building contribute toward the
upkeep and maintenance thereof and are not used for employee working areas.
December 3, 2019 - Page 55 of 197
Chapter 10
DESIGN REVIEW STANDARDS AND GUIDELINES
14-10-1: PURPOSE:
14-10-2: GENERAL COMPATIBILITY:
14-10-3: SITE PLANNING:
14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY
WINDOWS, ETC.:
14-10-5: BUILDING MATERIALS AND DESIGN:
14-10-6: RESIDENTIAL DEVELOPMENT:
14-10-7: OUTDOOR LIGHTING:
14-10-8: LANDSCAPIN G, DRAINAGE, AND EROSION CONTROL:
14-10-9: FENCES, HEDGES, WALLS, AND SCREENING:
14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS:
14-10-11: SATELLITE DISH ANTENNAS:
14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT:
14-10-1: PURPOSE:
This chapter provides the design review standards and guidelines for development in the town of
Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed
herein, the Vail Village urban design considerations and guide plan and the Lionshead
redevelopment master plan, and by all of the applicable ordinances of the town and by the design
guidelines in this chapter. (Ord., 9-21-1999)
14-10-2: GENERAL COMPATIBILITY:
A. Structures shall be compatible with existing structures, their surroundings, and with Vail's
environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility
can be achieved through the proper consideration of scale, proportions, site planning,
landscaping, materials and colors, and compliance with the guidelines herein contained.
B. Any building site in Vail is likely to have its own unique landforms and features. Whenever
possible, these existing features should be preserved and reinforced by new construction. The
objective is to fit the buildings to their sites in a way that leaves the natural landforms and
features intact, treating the buildings as an integral part of the site, rather than as isolated
objects at odds with their surroundings. (Ord., 9-21-1999)
14-10-3: SITE PLANNING:
A. The location and configuration of structures and accessways shall be responsive to the existing
topography of the site upon which they are to be located. Grading requirements resulting from
development shall be designed to blend into the existing or natural landscape. Any cuts or fills
shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain
within the property boundary.
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B. Building siting and access thereto shall be responsive to existing features of terrain rock
outcroppings, drainage patterns, and vegetation.
C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those
essential for development of the site, those identified as diseased, those essential for creating
defensible space, and those found to impact view corridors as further regulated by title 12,
chapter 22, "View Corridors", of this code. Mitigation may be required for tree removal.
D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils
and vegetation shall comply with the requirements of the Vail Fire and Emergency Services
Fire-Resistant Landscaping guidelines.Section 14-10-8 of this code If necessary, the design
review board may designate allowable limits of construction activity and require physical barriers
in order to preserve significant natural features and vegetation upon a site and adjacent sites
during construction. (Ord. 10(2012) § 3: Ord. 3(2007) § 3: Ord., 9-21-1999)
14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES,
STEPS, BAY WINDOWS, ETC.:
A. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading
features; sills, belt courses, cornices, and similar features; and flues and chimneys may project
not more than four feet (4') into a required setback area or into a required distance between
buildings.
B. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5')
of ground level may project not more than ten feet (10') nor more than one-half (1/2) the minimum
required dimension into a required setback area, or may project not more than five feet (5') nor
more than one-fourth (1/4) the minimum required dimension into a required distance between
buildings. Steps that form an exit discharge may project into a required setback area to the
degree necessary to conform with the adopted building code's means of egress standards, at the
discretion of the administrator.
C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a
height of more than five feet (5') above ground level may project not more than five feet (5') nor
more than one-half (1/2) the minimum required dimension into a required setback area, or may
project not more than five feet (5') nor more than one-fourth (1/4) the minimum required
dimension into a required distance between buildings. A balcony or deck projecting from a higher
elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof
for the lower balcony or deck.
D. Fire escapes or exterior emergency exit stairways may project into any required setback area or
distance between buildings not more than four feet (4').
E. Bay windows and similar features extending the interior enclosed space of a structure may project
not more than three feet (3') into a required setback area or a required distance between
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buildings, provided that the total of all such projection does not exceed more than one-tenth (1/10)
the area of the wall surface from which it projects or extends.
F. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as
habitable floor area may extend above the height limit a distance of not more than twenty five
percent (25%) of the height limit nor more than fifteen feet (15'). (Ord. 29(2005) § 81: Ord., 9-21-
1999)
14-10-5: BUILDING MATERIALS AND DESIGN:
A. Intent: The town is situated within the wildland urban interface where community values intersect
with the potential consequences of wildland fires. Wildland fires both big and small have the
potential to destroy homes and neighborhoods within the town. The architecture and chosen
materials of a building greatly affect the survivability of that structure in the face of a wildfire. The
use of class A roof coverings and ignition resistant building materials decrease the hazards to
the individual structure as well as the surrounding homes.
B. Ignition Resistant Materials: The use of ignition resistant building materials and designs intended
to prevent the spread of fire are highly encouraged required, unless otherwise exempted by
Section 12-11-3 this code. Vail fire and emergency services is available to provide more
information on the use of ignition resistant materials and designs. Predominantly natural building
materials shall be used within the town. The exterior use of wood, wood siding, native stone,
brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be
treated with texture and color; however, exposed aggregate is more acceptable than raw
concrete. The exterior use of the following siding materials shall be prohibited: stucco or EIFS
with gross textures or surface features that appear to imitate other materials, simulated stone,
simulated brick, plastic and vinyl. The exterior use of any building material, including those not
specifically identified by this section, shall only be permitted, unless otherwise prohibited by this
code, where the design review board finds:
1. That the proposed material is satisfactory in general appearance, quality over time, architectural
style, design, color, and texture; and
2. That the use of the proposed material complies with the intent of the provisions of this code; and
3. That the use of the proposed material is compatible with the structure, site, surrounding structures,
and overall character of the town;.
4. That the material is noncombustible or aides in the prevention of fires.
The provisions of this Paragraph B shall apply to the construction, alteration, movement,
repair, maintenance and use of any building, structure or premises within the town, unless
otherwise exempt by Section 12-11-3 C of this code. Buildings or structures moved into or
within the jurisdiction shall comply with the provisions of this code for new buildings and
structures.
Exceptions: a. Additions or alterations of less than 500 square feet of GFRA Gross Floor Area are
exempt from the ignition resistant requirements of this paragraph B, but shall be subject to design
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review. the provisions of this code. Repair or replacement of 25% or less of a deck surface or
support structure is exempt from the ignition resistant requirements of this paragraph B.
b. Combustible siding, as defined in the town’s adopted building codes, may be used as long
as it does not cover more than 33% of a given wall (excluding windows, doors and other
openings) and may not be within 5 feet of the ground level. Combustible siding which has a
profile that may allow ember intrusion such as wood shake or wood shingle is prohibited.
C. Same Or Similar Materials: The same or similar building materials and colors shall be used on
main structures and any accessory structures upon the site. Translucent components of
greenhouses shall be exempt from this requirement.
D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural
colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright
colors should be used only as accents and then sparingly such as upon trim or railings. All
exterior wall materials must be continued down to finished grade thereby eliminating unfinished
foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall
be anodized, painted or capable of weathering so as to be nonreflective.
E. Roof Forms: The majority of roof forms within Vail are gable roofs with a pitch of at least four feet
(4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental
and climatic determinants such as snow shedding, drainage, fire safety and solar exposure
should be integral to the roof design.
F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash
storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and
snow guards should be utilized to protect these areas from roof snow shedding if necessary.
G. Regulations: All structures shall have class A roof assemblies or shall have class A roof covering
materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt
shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing,
when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced
with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted,
shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but
not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be
designed to provide visual relief through texture, dimension and depth of appearance. The use of
wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi-family
dwellings shall be required to have uniform roof covering materials, except when the design
review board determines that the materials are compatible, are integral to the architectural style
of the structure and different materials do not share any ridges or planes, but may share a valley.
1. Nonconforming Structures: All structures that do not have a class A roof assembly or class A roof
covering material, or structures with wood shake or wood shingles shall replace the roof covering as
follows:
a. Additions: All additions affecting roof area shall trigger compliance of the roof structure of a single-
family dwelling, a side of a two-family dwelling, or the entire multiple-family dwelling, except for a
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onetime exemption of up to five hundred (500) square feet of GRFA, occurring after February 6,
2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof,
and may only share a valley. The additional roof area shall conform to roofing regulations, and shall
be deemed compatible by the design review board.
b. Two-Family Structures: Upon reroofing one side of a two-family dwelling, the other side shall be
required to be reroofed if the two (2) sides have roof systems that share ridges or planes. Different
materials on each side of the two-family dwelling may be permitted by the design review board if the
materials are deemed compatible, integral to the architectural style of the structure and share a
valley or do not intersect.
c. Developments With Multiple Structures: Upon reroofing a single structure that is part of a
multistructure project with conforming roof covering materials that do not match existing materials,
the conforming materials shall be deemed compatible with the existing nonconforming materials by
the design review board. Upon reroofing of additional structures in the development, the materials
shall match the approved conforming materials. Should the matching material no longer be
manufactured, a different material may be permitted, should the materials be deemed compatible by
the design review board.
2. Applicability: The provisions of this subsection shall apply to new construction, reroofing, utilization of
the 250 ordinance, per section 12-15-5 of this code, and all additions except those exempt, per
subsection 12-11-3C2 of this code.
3. Roofing Material: The use of any roofing material, including those not specifically identified by this
section, shall only be permitted, unless otherwise prohibited by this code, where the design review
board finds:
a. That the proposed material is satisfactory in general appearance, quality over time, architectural
style, design, color, and texture; and
b. That the use of the proposed material complies with the intent of the provisions of this code; and
c. That the use of the proposed material is compatible with the structure, site, surrounding structures,
and overall character of the town of Vail; and
d. That the material is noncombustible or aids in prevention of fires.
H. Rooftops: Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses
and similar features should be avoided; however, if necessary, shall be designed to be
compatible with the overall design of the structure or screened from view of all adjacent
properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use
review as specified within the zoning code.
I. Solar Energy Devices:
1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail
while minimizing visual impacts. Further, these regulations are intended to limit the creation of an
elevated perceived roofline by solar energy devices.
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2. Solar energy devices should be installed on building facades and roof planes and oriented for energy
production, except as permitted by subsection I13 of this section. In Vail, optimal solar energy device
orientation for maximized energy production and adequate snow shed is typically achieved by up to
a fifty degree (50°) orientation.
3. Solar energy devices shall be designed and placed in a manner compatible and architecturally
integrated into the overall design of the building and site, with some flexibility granted for existing
structures.
4. Solar energy devices may be screened to minimize visual impact with a false facade, roof plane or
parapet walls integrated into the overall design of the building.
5. Solar energy devices may project not more than four feet (4') into a required setback area.
6. Solar energy devices shall not be included in calculation of building height.
7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted.
8. Solar energy devices shall project no further from the building facade or roof plane than the minimum
distance necessary to achieve up to a fifty degree (50°) orientation. No portion of any solar energy
device shall project more than eight feet (8') from the building facade or roof plane to which the solar
energy device is attached.
9. When mounted to a roof plane with a pitch of three in twelve feet (3:12') or steeper, solar energy
devices shall extend no higher than one foot (1') above the ridgeline.
10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave.
11. Solar energy device framing, brackets and associated equipment shall be black or a color that
matches adjacent building surfaces. No advertising shall be permitted on any solar energy device,
framing, brackets and associated equipment.
12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in
good repair, including repainting when appropriate and other actions that contribute to attractive
building aesthetics.
13. Solar energy devices may be ground mounted only when the design review board determines that
the design or site planning of an existing structure creates practical difficulties in mounting a solar
energy device to a building facade or roof plane to achieve energy production. Cost or
inconvenience to the applicant of strict or literal compliance with this regulation shall not create a
practical difficulty. Ground mounted solar energy devices shall not be permitted in the required
setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is
calculated by measuring the footprint created by vertical projection from the energy devices and
associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site
coverage shall be calculated for the position that creates the greatest site coverage. Ground
mounted solar energy devices shall not exceed eight feet (8') in height above grade. Ground
mounted solar energy devices shall be located and screened to minimize visual impact.
J. Overhangs: Deep eaves, overhangs, canopies, and other building features that provide shelter
from the elements are encouraged.
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K. Fenestration: Fenestration should be suitable for the climate and for the orientation of the
particular building elevation in which the fenestration occurs. The use of both passive and active
solar energy systems is strongly encouraged.
L. Duplexes: In no instance shall a duplex structure be so constructed as to result in each half of the
structure appearing substantially similar or mirror image in design.
M. Footings And Foundation: Building footings and foundations shall be designed in accordance with
the minimum standards of the adopted building code. Footings and foundations shall also be
designed to be responsive to the natural topography of the site, and shall be designed and
constructed in such a manner as to minimize the necessary amount of excavation and site
disturbance. (Ord. 26(2016) § 2: Ord. 25(2016) § 3: Ord. 5(2011) § 2: Ord. 3(2010) § 3: Ord.
3(2008) § 3: Ord. 3(2007) § 4: Ord., 9-21-1999)
14-10-6: RESIDENTIAL DEVELOPMENT:
A. The purpose of this section is to ensure that residential development be designed in a manner
that creates an architecturally integrated structure with unified site development. Dwelling units
and garages shall be designed within a single structure, except as set forth in subsection B of
this section, with the use of unified architectural and landscape design. A single structure shall
have common roofs and building walls that create enclosed space substantially above grade.
Unified architectural and landscape design shall include, but not be limited to, the use of
compatible building materials, architectural style, scale, roof forms, massing, architectural
details, site grading and landscape materials and features.
B. The presence of significant site constraints may permit the physical separation of units and
garages on a site. The determination of whether or not a lot has significant site constraints shall
be made by the design review board. "Significant site constraints" shall be defined as natural
features of a lot such as stands of mature trees, natural drainages, stream courses and other
natural water features, rock outcroppings, wetlands, other natural features, and existing
structures that may create practical difficulties in the site planning and development of a lot.
Slope may be considered a physical site constraint that allows for the separation of a garage
from a unit. It shall be the applicant's responsibility to request a determination from the design
review board as to whether or not a site has significant site constraints before final design work
on the project is presented. This determination shall be made at a conceptual review of the
proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of
the proposed structure(s).
C. The residential development may be designed to accommodate the development of dwelling units
and garages in more than one structure if the design review board determines that significant
site constraints exist on the lot. The use of unified architectural and landscape design as outlined
herein shall be required for the development. In addition, the design review board may require
that one or more of the following common design elements such as fences, walls, patios, decks,
retaining walls, walkways, landscape elements, or other architectural features be incorporated to
create unified site development. (Ord. 29(2005) § 82: Ord., 9-21-1999)
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14-10-7: OUTDOOR LIGHTING:
A. Purpose: This section establishes standards and guidelines for minimizing the unintended and
undesirable side effects of outdoor lighting while encouraging the intended and desirable safety
and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to
allow the minimum amount of lighting needed for the property on which the light sources are
located, while protecting the legitimate privacy of neighboring properties. The standards and
guidelines established in this section are also intended to promote the use of environmentally
sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures
and installation techniques to reduce light pollution.
B. Applicability: Except as provided elsewhere in this title, the design, placement, and use of all
outdoor lighting within the town limits shall conform to the standards and guidelines as set forth
in this section.
C. Definitions:
FULL CUTOFF: Light fixtures that do not emit light above the horizontal plane of the light source.
LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant
energy in or near the visible spectrum.
LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, properties with
no more than three (3) dwelling units or employee housing units.
MULTIPLE-FAMILY AND COMMERCIAL PROPERTIES: For the purposes of this section, those
with four (4) or more dwelling units or employee housing units, commercial uses, or mixed uses.
OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building,
including, but not limited to, light sources attached to any part of a structure, located on the
surface of the ground, or located on freestanding poles.
D. Lighting Regulations:
1. Quantity Of Light Fixtures: The maximum number of outdoor light sources for all properties is subject
to the requirements of the adopted building codes and design review.
For low density residential properties, the maximum number of light sources per lot shall be limited
to one outdoor light per one thousand (1,000) square feet of lot area. Light sources which are no
more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish
grade below, and are full cutoff fixtures, may be allowed in addition to the total number of permitted
outdoor light sources.
2. Height Limits For Light Fixtures: Outdoor lights affixed to a structure shall not exceed the height of
the roof eaves. The maximum mounting height for light sources on a pole shall not exceed twenty
feet (20').
3. Full Cutoff: All outdoor lights shall be fully cut off to not emit light above the horizontal plane of the
light source. Outdoor lights must be Illuminating Engineering Society (IES) "full cutoff" class,
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International Dark-Sky Association (IDA) approved, or have similarly recognized verification of being
full cutoff. Lights must be installed and maintained in such a manner that the full cutoff is effective.
Exceptions: The following outdoor lights may be nonfull cutoff:
a. Uplighting fully contained by an overhanging building element that prevents the light from emitting
upward to the sky, when the light source is shielded from the sides.
b. Uplighting for flags when the light source is shielded from the sides.
c. Lights with a gas flame as the sole light source.
d. Lights specifically recommended by the Vail comprehensive plan.
4. Lighting Direction: All outdoor lighting shall be directed at the object intended to be illuminated and
away from adjacent properties and public ways. Outdoor lights shall be directed downward, unless
contained by overhanging building or landscape elements with the light source shielded from the
sides. Uplighting is allowed for flags when the light source is shielded from the sides.
5. Energy Efficiency: All outdoor lighting shall comply with the town's adopted energy conservation
code.
E. Lighting Guidelines:
1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting
should be aesthetically compatible with the site and structures on which they are located, the
character of the surroundings, and with Vail's environment. Outdoor lighting must also be consistent
with any applicable design guidelines outlined in the Vail comprehensive plan.
2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize the
contribution of outdoor lighting to nighttime light pollution. Examples of low light pollution fixtures are
available from lighting manufacturers and organizations such as the International Dark-Sky
Association (IDA).
3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to
achieve the safety and aesthetic purposes for the lighting. Outdoor lighting should utilize energy
efficient light sources of the lowest wattage feasible, and utilize energy efficient technologies.
Outdoor lighting should also be operated and maintained to eliminate any unnecessary daytime use
and to reduce nighttime use during nonbusiness hours and periods of limited residential activity.
F. Prohibited Outdoor Lights:
1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use
intermittent electrical pulsation.
2. Lights affixed to the top of the roof of a structure.
3. Neon, or similar gas filled, lights.
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4. Laser source lights.
5. Searchlights.
6. Lights attached to vegetation, except decorative holiday lights.
7. Any lighting that could interfere with the public health, safety, or welfare.
G. Exemptions: The standards of this section shall not apply to:
1. Decorative holiday lights.
2. Sign illumination, as set forth in title 11 of this code.
3. Official government lighting, other than those owned and maintained by the town of Vail, installed for
the benefit of public health, safety, and welfare.
4. Outdoor lights associated with an approved special events permit.
5. Outdoor lights associated with an art in public places board (AIPP) approved public art display.
6. Temporary construction zone work lighting associated with an approved building permit or design
review approval (construction zone security and egress lights are not exempt from the provisions of
this section).
7. Lighting identifying hazards or road construction. (Ord. 21(2008) § 1)
14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL:
A. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects
of the land itself. The north facing slopes within the valley are typically heavily wooded with
spruce, pine and aspen and generally receive less direct sunlight than the drier south facing
slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions.
The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs
adapted to the relatively fertile soil and natural availability of water.
The goal of any landscape plan should be to preserve and enhance the natural landscape
character of the area in which it is to be located and serve as an aid in fire prevention and
protection. The landscape scale and overall landscape design shall be developed so that new
vegetation is integral with the natural landscape and the inherent form, line, color and texture of
the local plant communities. Since the The major objective of the landscaping is to help reduce
the scale of new structures, to assist in the screening of structures, to reduce the risk to life
and structures from the intrusion of fire from wildland fire exposure and fire exposures
from adjacent structures, and to mitigate structure fires from spreading to wildland fuels.
the The planting of large sized, well spaced plant materials is encouraged. Fire wise plant
materials are encouraged required due to their ability to resist fire. Trees should shall be
maintained through limbing and pruning in order to prevent limbs from being too close to
structures and other plant materials. Special care should be taken in selecting the types of plants
to use when designing a landscape plan. Final selection should be based upon the soils and
climate, ease of establishment, suitability for the specific use desired, ability to deter the spread
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of fires and the level of maintenance that can be provided. New planting shall use plants that are
indigenous to the Rocky Mountain alpine and subalpine zones or are capable of being
introduced into these zones.
A recommended list of plant materials, some indigenous to the Vail area, is on file with the
department of community development. Also indicated on the list are fire wise plant materials
which are suitable for planting within the Vail area. The minimum sizes of landscape materials
acceptable are as follows:
Required trees:
Deciduous 2 inch caliper
Conifers 6 foot
Required
shrubs
#5 gallon container
Foundation shrubs shall have a minimum height of 18 inches
at time of planting.
B. Landscape design shall be developed to locate new plantings in order to extend existing canopy
edges or planted in natural looking groups and shall be designed and installed in
conformance with the Vail Fire and Emergency Services Fire-Resistant Landscaping
guidelines, unless exempted by Section 12-11-3 of this code. Additions or alterations of less
than 500 square feet of Gross Floor Area that are exempt, per Section 14-10-5 B of this code,
shall also be exempt from conformance with the Vail Fire and Emergency Services Fire-
Resistant Landscaping guidelines. Geometric plantings, evenly spaced rows of trees, and other
formal landscape patterns shall be avoided.
C. Particular attention shall be given the landscape design of off street parking lots to reduce
adverse impacts upon living areas within the proposed development, upon adjacent properties,
and upon public spaces with regard to noise, lights, and visual impact.
D. All landscaping shall be provided with a method of irrigation suitable to ensure the continued
maintenance of planted materials.
E. Whenever possible, natural drainage patterns upon the site shall not be modified. Negative
drainage impacts upon adjacent sites shall not be allowed.
F. Runoff from impervious surfaces such as roofs and pavement areas shall be directed to natural or
improved drainage channels or dispersed into shallow sloping vegetated areas.
G. Slope of cut and fill banks shall be determined by soil characteristics for the specific site to avoid
erosion, and promote revegetation opportunities, but in any case shall be limited to a maximum
of two to one (2:1) slope.
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H. Measures shall be taken to retain all eroded soil material on site during construction, control both
ground water and surface water runoff, and to permanently stabilize all disturbed slopes and
drainage features upon completion of construction.
I. All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the
American Landscape Contractor Association and the Colorado Nurseryman's Association.
J. All plantings must be mulched with materials as listed in the Vail Fire and Emergency
Services Fire-Resistant Landscaping guidelines, unless otherwise exempt per Section 14-
10-5 B 12-11-3 of this code.
K. Paving near a tree to be saved must contain a plan for a "tree vault" in order to ensure the ability
of the roots to receive air. (Ord. 3(2007) § 5: Ord., 9-21-1999)
L. Defensible space shall be created and maintained in an area extending from the perimeter
or projection of the building or structure to a radius of 100 feet or the lot lines, whichever
is less. Defensible space and landscaping shall comply with Vail Fire and Emergency
Services Fire-Resistant Landscaping guidelines.
14-10-9: FENCES, HEDGES, WALLS, AND SCREENING:
A. Placement: The placement of walls and fences shall respect existing landforms and fit into land
massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except
to screen trash areas, utility equipment, etc.
B. Design: Design of fences, walls, and other structural landscape features shall be of materials
compatible with the site and the materials of the structures on the site. Retaining walls and
cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color
tinted concrete. No chainlink fences shall be allowed except as temporary construction fences or
as required for recreational facilities.
C. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and
landscaping, or ground level site development such as walks, driveways, and terraces shall be
located within the required minimum setback lines on each site. Recreational amenities may be
exempted by the design review board if it determines that their location is not detrimental
environmentally and/or aesthetically.
D. Sight Triangle: To minimize traffic hazards at street intersections by improving visibility for drivers
of converging vehicles in any district where setbacks are required, no fence or structure over
three feet (3') in height shall be permitted within the triangular portion of a corner lot measured
from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30')
along each lot line.
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E. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet
(3') in height within any required front setback area, and shall not exceed six feet (6') in height in
any other portion of the site, provided that higher fences, hedges, walls or landscaping screens
may be authorized by the administrator when necessary to screen public utility equipment. No
barbed wire or electrically charged fence shall be erected or maintained. (Ord., 9-21-1999)
14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS:
A. Design of accessory structures upon a site shall be compatible with the design and materials of
the main structure or structures upon the site.
B. Accessory buildings generally should be attached to the main building either directly or by means
of a continuous wall, fence or similar feature of the same or a complementary material as the
main building's exterior finish.
C. All utility service systems shall be installed underground. Any utility system the operation of which
requires aboveground installation shall be located and/or screened so as not to detract from the
overall site design quality.
D. All utility meters shall be enclosed or screened from public view.
E. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties,
structures, streets, and other public areas by fences, berms, or landscaping.
F. Adequate trash storage areas shall be provided. There shall be year round access to all trash
storage areas which shall not be used for any other purpose.
G. Greenhouses, when permitted, shall be subject to the following standards:
1. All wall and roofing materials shall be constructed of rigid material and shall not include polyethylene
or other similar flexible films.
2. All nontranslucent elements including framing and doors shall be painted to be compatible with the
site and surrounding buildings.
3. No internal lighting shall be permitted between the hours of nine o'clock (9:00) P.M. and six o'clock
(6:00) A.M. Exterior lighting shall comply with section 14-10-7 of this chapter.
4. All greenhouses shall be subject to the development standards for the zone district for which they
are located.
5. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items
not associated with the cultivation of food or ornamental crops.
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H. Hoop houses/cold frames, when permitted, shall be subject to the following standards:
1. Hoop houses/cold frames shall be four feet (4') in height or less and be one hundred twenty (120)
square feet or less in floor area.
2. Hoop houses/cold frames shall meet the deck (not ground level) setback requirements as defined in
section 14-2-1 of this title and summarized in section 14-8-1 of this title.
3. One hoop house/cold frame shall be permitted per dwelling unit.
4. Hoop houses/cold frames shall be exempt from design review.
5. Hoop houses/cold frames shall not be used for storage of any kind. (Ord. 26(2016) § 3: Ord., 9-21-
1999)
14-10-11: SATELLITE DISH ANTENNAS:
A. Purpose:
1. To protect the health and safety of the inhabitants of the town by setting forth requirements for the
installation of satellite dish antennas.
2. To protect and support the aesthetic concerns of the town, a resort community which must remain
aesthetically pleasing to visitors to remain economically viable.
3. To provide the protection set forth in subsections A1 and A2 of this section in the least restrictive
manner possible.
B. Application; Review: Satellite dish antennas shall comply with all the requirements set forth
herein. Person or persons wishing to install a satellite dish antenna within the town shall submit
an application to the department of community development for review. The application shall set
forth the following:
1. Completed design review board application form.
2. Site plan showing proposed location of the satellite dish antenna.
3. Description of the satellite dish antenna (i.e., size, design, materials, etc.).
4. Color sample (if applicable).
5. Landscape plan (if applicable).
6. An improvement location certificate and/or a preliminary title report.
7. Elevations, perspectives or renderings if deemed applicable by the staff of the department of
community development.
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C. Compliance With Requirements:
1. No more than one satellite dish antenna shall be allowed on any lot as delineated on the official town
zoning map.
2. The temporary use and/or installation of a satellite dish antenna shall be limited to a maximum
period of one day. Only three (3) temporary installations shall be allowed per business or residence
per year.
3. The maximum height allowed for any satellite dish antenna, when measured from the top of the
satellite dish antenna down to existing or finished grade, whichever is more restrictive, shall not
exceed fifteen feet (15').
4. The maximum size of any satellite dish antenna installed for use by a single residence or business
shall be limited to nine feet (9') in diameter. Satellite dish antennas serving multi-family dwellings
shall be limited to a maximum of twelve feet (12') in diameter.
5. No advertising, logos or identification shall be allowed on any satellite dish antenna.
6. Satellite dish antennas shall comply with the existing setback requirements of the zone district in
which the satellite dish antenna is installed. Satellite dish antennas shall be prohibited in easements
and public rights of way. No portion of a satellite dish antenna or its supporting structure shall
encroach into the vertical plane as drawn from an existing easement or setback line.
7. Issuance of a building permit from the department of community development shall be required prior
to the installation of any satellite dish antenna.
8. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be
notified of any application for the installation of a satellite dish antenna. Notification procedures shall
be as outlined in section 12-14-19 of this code. Names and mailing addresses of adjacent property
owners and of owners of dwelling units on the same lot as the applicant shall be provided to the
department of community development by the applicant.
9. Due to the special aesthetic importance of the core areas of the town, exterior installations of
satellite dish antennas in commercial cores 1 and 2 and in Lionshead mixed use 1 and 2 shall be
permitted only if screened by some type of enclosing structure. Said structures required to enclose a
satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be
architecturally compatible with the existing structure.
D. Design Guidelines: It is the purpose of these guidelines to ensure that the visibility of a satellite
dish antenna from any public right of way or adjacent properties be reduced to the highest
degree possible. It shall be the burden of the applicant to demonstrate how the satellite dish
antenna installation complies with these guidelines. The following guidelines shall be used by the
design review board in evaluating applications for satellite dish antennas:
1. All wiring and cable related to a satellite dish antenna shall be installed underground.
2. The use of mesh satellite dish antennas is highly encouraged because of their ability to be more
sensitively integrated on a site or structure.
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3. The use of appropriate colors shall be required to provide for a more sensitive installation when
integrating a satellite dish antenna onto a site or structure. Color selection for a satellite dish antenna
should be made with respect to specific characteristics on a site or structure. Unpainted surfaces
and satellite dish antennas with reflective surfaces shall not be allowed.
4. Locations of satellite dish antennas shall be made so as to ensure that the satellite dish antenna is
screened from view from any public right of way or adjacent property to the highest degree possible.
In addition to effective site planning, screening a satellite dish antenna may be accomplished
through the use of landscaping materials, fencing, existing structures, subgrade placements or other
means that both screen the satellite dish antenna and do not appear unnatural on the site.
5. Satellite dish antennas on or attached to existing structures shall be permitted provided the satellite
dish antenna is architecturally integrated into the structure. Effective use of color shall be required to
ensure compatibility between the satellite dish antenna and existing structure. The use of a mesh
material shall be strongly encouraged when attempting to integrate a satellite dish antenna onto an
existing structure.
6. Landscaping or other site improvements intended to screen a satellite dish antenna proposed on any
application shall be completed prior to the issuance of a building permit to install a satellite dish
antenna. A letter of credit equal to one hundred twenty five percent (125%) of the costs of installing
landscaping or site improvements may be submitted to the town if seasonal weather conditions
prohibit the installation of landscaping or site improvements.
7. All improvements required by the design review board for the purpose of reducing the visibility of
satellite dish antennas shall remain in place so long as the satellite dish antennas remain in place
unless permission to alter or remove said improvements is obtained from the design review board.
All satellite dish antennas and all improvements required by the design review board to reduce the
visibility of satellite dish antennas shall be adequately maintained and repaired and shall not be
allowed to become dilapidated or fall into a state of disrepair. (Ord. 2(2007) § 10: Ord., 9-21-1999)
14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT
EQUIPMENT:
Communications antennas and any associated appurtenant equipment should be integrated into
existing principal buildings and structures. All antennas and appurtenant equipment shall be located
and screened so as not to detract from the overall site design quality. (Ord. 12(2008) § 28)
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ORDINANCE NO. 19
SERIES 2019
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL
TOWN CODE TO ADOPT REGULATIONS PERTAINING TO WILDLAND
URBAN INTERFACE AREAS AND TO AMEND REGULATIONS ON
BUILDING DESIGN AND LANDSCAPING TO REDUCE THE RISK OF
WILDFIRE
WHEREAS, each year wildfires continue to grow more destructive and impactful
to communities across Colorado;
WHEREAS, the Town of Vail is built within an environment that depends on wildfire
to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at
any given time;
WHEREAS, a wildland-urban interface ("WUI") code is specifically designed to
mitigate the risks from wildfire to life and property by regulating construction materials
and methods in such a way as to resist ignition from wildfires for a safer and more resilient
community;
WHEREAS, further amendments to the Vail Town Code are necessary to
encourage using landscaping specifically picked for wildfire resistance to protect the
community from substantial loss from wildfire and to enable the Town to plan for hazards
involving wildfire; and
WHEREAS, the Town Council therefore finds and determines that this ordinance
necessary to protect the public health, safety, and welfare.
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 10-1-2 of the Vail Town Code is hereby amended by the
addition of the following amendments to the International Building Code, 2018 edition, to
appear in alphabetical order:
Section 202 Definitions: Section 202 is amended by the addition of the
following definitions:
ACCESSORY STRUCTURE. A building or structure used to shelter or
support any material, equipment, chattel or occupancy other than a
habitable building.
FIRE CHIEF. The chief officer or chief officer’s authorized representative of
the fire department serving the Town.
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FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and
systems in the design and construction of a building or structure to
safeguard against the spread of fire within a building or structure and the
spread of fire to or from buildings or structures to the wildland-urban
interface area.
IGNITION-RESISTANT BUILDING MATERIAL. A type of building material
that resists ignition or sustained flaming combustion sufficiently t o reduce
losses from wildland-urban interface conflagrations under worst-case
weather and fuel conditions with wildfire exposure of burning embers and
small flames, as prescribed in Chapter 7A.
IGNITION-RESISTANT CONSTRUCTION. A schedule of additional
requirements for construction in wildland-urban interface areas based on
fire hazard levels.
LOG WALL CONSTRUCTION. A type of construction in which exterior
walls are constructed of solid wood members and where the smallest
horizontal dimension of each solid wood member is at least 6 inches (152
mm).
NONCOMBUSTIBLE. As applied to building construction material, means
a material that, in the form in which it is used, is either one of the following:
1. Material of which no part will ignite and burn when subjected
to fire. Any material conforming to ASTM E136 shall be c onsidered
noncombustible within the meaning of this Section.
2. Material having a structural base of noncombustible material
as defined in Item 1 above, with a surfacing material not over 1/8 inch
(3.2 mm) thick, which has a flame spread index of 50 or less. Flame
spread index as used herein refers to a flame spread index obtained
according to tests conducted as specified in ASTM E84 or UL 723.
"Noncombustible" does not apply to surface finish materials.
Material required to be noncombustible for reduced clearances to
flues, heating appliances or other sources of high temperature shall
refer to material conforming to Item 1 above. No material shall be
classified as noncombustible that is subject to increase in
combustibility or flame spread index, beyond the limits herein
established, through the effects of age, moisture or other
atmospheric condition.
UNENCLOSED ACCESSORY STRUCTURE. An accessory structure
without a complete exterior wall system enclosing the area under the roof
or floor above.
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WILDLAND-URBAN INTERFACE AREA. That geographical area, as
depicted and defined in the Community Wildfire Protection Plan, where
structures and other human development meets or intermingles with
wildland or vegetative fuels.
Chapter 7A Fire-Resistive Construction: Chapter 7A is added to read as
follows:
CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION
SECTION 7A01 SCOPE
7A01.1 General. The provisions of this Chapter shall apply to the
construction, alteration, movement, repair, maintenance and use of any
building, structure or premises into or within the wildland-urban interface
areas of the Town of Vail.
Exceptions:
1. Additions or alterations less than 500 gross square feet in
size.
2. Repair or replacement of less than twenty-five percent (25%)
of a deck surface or structure.
3. Accessory structures not exceeding 120 square feet in floor
area where located not less than 30 feet from buildings containin g
habitable spaces.
4. Agricultural buildings located not less than 30 feet from
buildings containing habitable spaces.
Buildings or structures moved into or within the jurisdiction shall comply with
the provisions of this Chapter for new buildings or structures.
7A01.2 Objective. The objective of this Chapter is to establish minimum
regulations consistent with nationally recognized good practice for the
safeguarding of life and for property protection. Regulations in this Chapter
are intended to mitigate the risk to life and structures from intrusion of fire
from wildland fire exposures and fire exposures from adjacent structures
and to mitigate structure fires from spreading to wildland fuels. The extent
of this regulation is intended to be tiered commensurate with the relative
level of hazard present.
The unrestricted use of property in wildland-urban interface areas is a
potential threat to life and property from fire and resulting erosion.
Safeguards to prevent the occurrence of fires and to provide adequate fire
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protection facilities to control the spread of fire in wildland-urban interface
areas shall be in accordance with this Chapter.
This Chapter shall supplement the jurisdiction's building and fire codes to
provide for special regulations to mitigate the fire- and life-safety hazards of
the wildland-urban interface areas.
7A01.3 Additions or alterations. Additions or alterations shall be
permitted to be made to any building or structure without requiring the
existing building or structure to comply with the requirements of this
Chapter; provided that the addition or alteration conforms to that required
for a new building or structure.
SECTION 7A02 APPLICABILITY
7A02.1 General. Where there is a conflict between a general requirement
and a specific requirement, the specific requirement shall apply. Where, in
any specific case, different sections of this Chapter specify different
materials, methods of construction or other requirements, the most
restrictive shall apply.
7A02.2 Existing conditions. The legal occupancy or use of any building,
structure or condition existing on the date of adoption of this Chapter shall
be permitted to continue without change, except as is specifically covered
in the International Fire Code.
SECTION 7A03 COMPLIANCE ALTERNATIVES
7A03.1 Practical difficulties. Where there are practical difficulties involved
in carrying out the provisions of this Chapter, both the building official or fire
chief are authorized to grant modifications for individual cases upon
application, in writing, by the owner or owner's authorized agent. The
building official or fire chief shall first find that a special individual reason
makes enforcement of the provisions of this Chapter impractical, that the
modification is in conformance to the intent and purpose of this Chapter,
and that the modification does not lessen any fire protection requirements
or any degree of structural integrity. The details of any action granting
modifications shall be recorded and entered into the appropriate permitting
files.
7A03.2 Technical assistance. To determine the acceptability of
technologies, processes, products, facilities, materials and uses attending
the design, operation or use of a building or premises subject to the
inspection of the building official or fire chief, the building official or fire chief
are authorized to require the owner, the owner's authorized agent or the
person in possession or control of the building or prem ises to provide,
without charge to the Town, a technical opinion and report. The opinion and
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report shall be prepared by a qualified engineer, specialist, laboratory or fire
safety specialty organization acceptable to the code official and the owner
or the owner's authorized agent, and shall analyze the fire safety of the
design, operation or use of the building or premises, the facilities and
appurtenances situated thereon and fuel management for purposes of
establishing fire hazard severity to recommend necessary changes.
7A03.3 Alternative materials or methods. The provisions of this Chapter
are not intended to prevent the installation of any material or to prohibit any
design or method not specifically prescribed by this Chapter, provided that
any such alternative has been approved. An alternative material, design or
method shall be approved where the building official in concurrence with the
fire chief finds that the proposed design is satisfactory and complies with
the intent of the provisions of this Chapter, and that the material, method or
work offered is, for the purpose intended, not less than the equivalent of
that prescribed in this Chapter in quality, strength, effectiveness, fire
resistance, durability and safety. Where the alternative material, design or
method is not approved, the building official shall respond in writing, stating
the reasons why the alternative was not approved.
SECTION 7A04 SPECIAL BUILDING CONSTRUCTION REGULATIONS
7A04.1 General. Buildings and structures shall be constructed in
accordance with this Section, unless previously exempted in Section
7A01.1.
7A04.2 Fire-resistance-rated construction. Where this Chapter requires
1-hour fire-resistance-rated construction, the fire-resistance rating of
building elements, components or assemblies shall be determined in
accordance with the test procedures set forth in ASTM E 119 or UL 263.
Exceptions:
1. The fire-resistance rating of building elements, components or
assemblies based on the prescriptive designs prescribed in Section
721.
2. The fire-resistance rating of building elements, components or
assemblies based on the calculation procedures in accordance with
Section 722.
SECTION 7A05 IGNITION-RESISTANT CONSTRUCTION AND
MATERIAL
7A05.1 General. Buildings and structures hereafter constructed, modified
or relocated into or within wildland-urban interface areas shall meet the
construction requirements in accordance with ignition-resistant construction
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in accordance with Section 7A06. Materials required to be ignition -resistant
materials shall comply with the requirements of Section 7A05.2.
7A05.2 Ignition-resistant building material. Ignition-resistant building
material shall comply with any one or more of the following:
1. Material shall be tested on all sides with the extende d ASTM
E 84 (UL 723) test or ASTM E 2768, except panel products shall be
permitted to test only the front and back faces. Panel products shall
be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm).
Materials that, when tested in accordance with the test procedures
set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or
with ASTM E 2768, comply with the following:
1.1. Flame spread. Material shall exhibit a flame spread index not
exceeding 25 and shall not show evidence of progressive
combustion following the extended 30- minute test.
1.2. Flame front. Material shall exhibit a flame front that does not
progress more than 10 ½ feet (3200 mm) beyond the
centerline of the burner at any time during the extended 30 -
minute test.
1.3. Weathering. Ignition-resistant building materials shall
maintain their performance in accordance with this Section
under conditions of use. Materials shall meet the
performance requirements for weathering (including exposure
to temperature, moisture and ultraviolet radiation) contained
in the following standards, as applicable to the materials and
the conditions of use:
1.3.1. Method A "Test Method for Accelerated Weathering of
Fire- Retardant-Treated Wood for Fire Testing" in
ASTM D 2898, for fire- retardant-treated wood, wood-
plastic composite and plastic lumber materials.
1.3.2. ASTM D 7032 for wood-plastic composite materials.
1.3.3. ASTM D 6662 for plastic lumber materials.
1.4. Identification – materials shall bear identification showing fire
test results.
Exception: Materials composed of a combustible core and a
noncombustible exterior covering, made from either aluminum at a
minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel
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at a minimum 0.0149-inch (0.38 mm) thickness shall not be required
to be tested with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the
requirements for noncombustible materials.
3. Fire-retardant-treated wood. Fire-retardant-treated wood
identified for exterior use and meeting the requirements of Section
2303.2.
4. Materials meeting the following standards of quality.
4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing.
A fire resistance test standard consisting of a 150 kW intensity
direct flame exposure for a 10-minute duration.
4.2. SFM Standard 12-7A-2, Exterior Windows. A fire resistance
test standard consisting of a 150kW intensity direct flame
exposure for an 8-minute duration.
4.3. SFM Standard 12-7A-3, Horizontal Projection Underside. A
fire resistance test standard consisting of a 300kW intensity
direct flame exposure for a10-minute duration.
4.4. SFM Standard 12-7A-4, Decking. A two-part test consisting
of a heat release rate (Part A) deck assembly combustion test
with an under deck exposure of 80 kW intensity direct flame
for a 3-minute duration and a (Part B) sustained deck
assembly combustion test consisting of a deck upper surface
burning ember exposure with a 12 mph wind for 40 minutes
using a 2.2lb (1kg) burning "Class A" size 12"x12"x2.25"
(300mm x 300mm x 57mm) roof test brand.
4.5. SFM Standard 12-7A-4A, Decking Alternate Method A. A
heat release deck assembly combustion test with an under-
deck exposure of 80kW intensity direct flame for a 3 -minute
duration.
4.6. SFM Standard 12-7A-5, Ignition-resistant Material. A generic
building material surface burning flame spread test standard
consisting of an extended 30-minute ASTM E84 or UL 723
test method as is used for fire-retardant-treated wood.
SECTION 7A06 IGNITION-RESISTANT CONSTRUCTION
7A06.1 General. Ignition-resistant construction shall be in accordance with
Sections 7A06.2 through 7A06.11.
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7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of
this Code, as amended.
7A06.2.1 Roof valleys. Where provided, valley flashings shall be
not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage)
corrosion-resistant metal installed over a minimum 36 -inch-wide
(914 mm) underlayment consisting of one layer of 72-pound (32.4
kg) mineral-surfaced, non-perforated cap sheet complying with
ASTM D 3909 running the full length of the valley.
7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the
exposed underside by ignition-resistant building materials or by materials
approved for not less than 1-hour fire-resistance-rated construction, 2-inch
(51 mm) nominal dimension lumber, or 1 -inch (25 mm) nominal fire-
retardant-treated lumber or 3/4 –inch (19.1 mm) nominal fire-retardant-
treated plywood, identified for exterior use and meeting the requirements of
Section 2303.2. Fascias are required and shall be protected on the back -
side by ignition-resistant building materials or by materials approved for not
less than 1-hour fire-resistance-rated construction or 2-inch (51 mm)
nominal dimension lumber.
7A06.4 Gutters and downspouts. Gutters and downspouts shall be
constructed of noncombustible material.
7A06.5 Exterior walls. Exterior walls of buildings or structures shall be
constructed with one of the following methods and all such material shall
extend from the top of the foundation to the underside of the roof sheathing:
1. Materials approved for not less than 1-hour fire-resistance-
rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Ignition-resistant building materials complying with Section
7A05.2 on the exterior side.
Exception: Combustible siding materials not complying with Section
7A05.2 may be used but shall not cover more than thirty -three
percent (33%) of a given wall and shall not be within 5 feet of finish
grade. Combustible siding which has a profile that may allow ember
intrusion such as wood shake or wood shingle is prohibited.
7A06.6 Underfloor enclosure. Buildings or structures shall have
underfloor areas enclosed to the ground with exterior walls in accordance
with Section 7A06.5.
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Exception: Complete enclosure shall not be required where the
underside of exposed floors and exposed structural columns, beams
and supporting walls are protected as required for ext erior 1-hour
fire-resistance-rated construction or heavy timber construction or
fire-retardant-treated wood, if labeled for exterior use and meeting
the requirements of Section 2303.2.
7A06.7 Appendages and projections. Unenclosed accessory structures
attached to buildings with habitable spaces and projections, such as decks,
shall be not less than 1-hour fire-resistance-rated construction, heavy
timber construction or constructed of one of the following:
1. Approved noncombustible materials.
2. Fire-retardant-treated wood identified for exterior use and
meeting the requirements of Section 2303.2.
3. Ignition-resistant building materials in accordance with
Section 7A05.2.
7A06.8 Exterior doors. Exterior doors shall be constructed of approved
noncombustible materials, standard solid core wood not less than 1 ¾
inches thick (44 mm), or have a fire protection rating of not less than 20
minutes. Tempered glass doors are permissible.
Exception: Vehicle access doors.
7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or
other ventilation openings in vertical exterior walls and vents through roofs
shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion-resistant materials with openings
not to exceed 1/4inch (6.4 mm),or perforated noncombustible materials with
perforations not to Exceed ¼ inch(6.4mm) or shall be designed and
approved to prevent flame or ember penetration into the structure.
7A06.9.1 Vent locations. Attic ventilation openings shall not be
located in the inner two thirds of soffits, eave overhangs, or other
overhang areas. Gable end and dormer vents shall be located not
less than 10 feet (3048 mm) from lot lines. Underfloor ventilation
openings shall be located as close to grade as practical.
7A06.10 Detached accessory structures. Detached accessory structures
located less than 30 feet (15 240 mm) from a building containing habitable
space shall have exterior walls constructed with materials approved for not
less than 1-hour fire- resistance-rated construction, heavy timber, log wall
construction, or constructed with approved noncombustible materials or
ignition resistant building materials in accordance with Section 7A05.2. The
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fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.10.1 Underfloor areas. Where the detached structure is
located and constructed so that the structure or any portion thereof
projects over a descending slope surface greater than ten percent
(10%), the area below the structure shall have underfloor areas
enclosed to within 6 inches (152 mm) of the ground, with exterior wall
construction in accordance with Section 7A06.5 or underfloor
protection in accordance with Section 7A06.6.
Exception: The enclosure shall not be required where the
underside of exposed floors and exposed structural columns,
beams and supporting walls are protected as required for
exterior 1-hour fire-resistance-rated construction or heavy-
timber construction or fire-retardant-treated wood on the
exterior side. The fire-retardant-treated wood shall be labeled
for exterior use and meet the requirements of Section 2303.2.
7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues,
incinerators or decorative heating appliances in which solid or liquid fuel is
used, shall be provided with a spark arrester. Spark arresters shall be
constructed of woven or welded wire screening of 12 USA standard gage
wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch (12.7
mm).
7A06.11.1 Net free area. The net free area of the spark arrester shall
be not less than four times the net free area of the outlet of the
chimney.
Section 2. Section 10-1-3 of the Vail Town Code is hereby amended by the
addition of the following amendment to the International Residential Code, 2018 edition,
to appear in numerical order:
Section R302.15 Additional fire-resistive construction requirements: A
new Section R302.15 is adopted to read as follows:
R302.15 Additional fire-resistive construction requirements.
The provisions of Chapter 7A of the International Building Code, as
adopted and amended, shall apply to the construction, alteration,
movement, repair, maintenance and use of any building, structure or
premises within the wildland-urban interface area of the Town of Vail.
Exceptions:
1. Additions or alterations less than 500 gross square feet
in size.
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2. Repair or replacement of less than twenty-five percent
(25%) of a deck surface or structure.
3. Accessory structures not exceeding 120 square feet in
floor area where located not less than 30 feet from buildings
containing habitable spaces.
4. Agricultural buildings located not less than 30 feet from
buildings containing habitable spaces.
Buildings or structures moved into or within the jurisdiction shall
comply with the provisions of this Chapter for new buildings or
structures.
Section 3. Section 12-11-1 of the Vail Town Code is hereby amended by the
addition of the following new Subsection D(6):
6. Balance the design and aesthetic desires of the community and the
economy of Vail as an international resort destination with the need to
protect the community from the risk of wildland fire.
Section 4. Section 12-11-3(C) of the Vail Town Code is hereby amended as
follows:
C. Nonconforming Sites and Structures; Effect of Design Guidelines:
1. Buildings and sites which are not in conformance wit h the
design guidelines, due to annexations or changes in code provisions
(i.e., legal nonconformities), shall be required to conform with the
design guidelines when allowable gross residential floor area
(GRFA) (the GRFA that is permitted by the density control section of
various zone districts), gross floor area, commercial floor area, or
garage area credit is added to any existing structure or site. Nothing
in this code shall be deemed to retroactively require conformance
with design guidelines for existing buildings or sites unless
specifically required by this code.
* * *
5. Additions or alterations of less than 500 square feet of gross
floor area shall be exempt from conformance with Section 14-10-5(B)
and 14-10-8(B) of this Code but shall require design review. For
additions of 500 square feet or greater of gross floor area, the
addition and impacted landscaping shall comply with Section 14 -10-
5(B) and 14-10-8(B) of this Code.
Section 5. Section 12-11-4(C)(1)(f) of the Vail Town Code is hereby amended
as follows:
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f. Landscape Plan: A landscape plan drawn at a scale of one -inch
equals twenty feet (1" = 20') or larger. The landscape plan shall show
locations of existing trees or groups of trees having trunks with diameters
of four inches (4") or more at one foot (1') above natural grade that are
proposed to be removed. Shrubs and other native plants proposed to be
removed shall be indicated. The landscape plan shall show trees and other
native plants proposed to be retained and methods to be utilized for the
purpose of protecting existing vegetation, the location and design of
proposed landscaped areas, irrigation systems, the varieties and sizes of
plant materials to be planted therein, and the location and design of
swimming pool areas, patios, play areas, recreation facilities, and other
usable open space. The landscape plan shall show the mature canopy of
trees and shrubs after fifteen (15) years of growth. The landscape plan shall
be accompanied by a landscape materials list specifying size and quanti ty
of plant materials and a report of the condition of the existing vegetation
upon the site. The landscape plan shall include sufficient detail to provide a
reliable basis for estimating the amount of a performance bond
guaranteeing installation and maintenance of the improvement if required
by the Town.
Section 6. Section 12-21-1 of the Vail Town Code is hereby amended as
follows:
The purpose of this Chapter is to help protect the inhabitants of the Town
from dangers relating to development of floodplains, avalanche paths,
steep slopes, wildfire hazard areas and geologically sensitive areas; to
regulate the use of land areas which may be subject to wildfire, flooding
and avalanche or which may be geologically sensitive; and to further
regulate development on steep slopes; to protect the economic and
property values of the Town, to protect the aesthetic and recreational
values and natural resources of the Town, which are sometimes
associated with floodplains, wildfire hazard areas, avalanche areas and
areas of geological sensitivity and slopes; to minimize damage to public
facilities and utilities and minimize the need for relief in cleanup operations;
to give notice to the public of certain areas within the Town where
floodplains, wildfire hazard areas, avalanche areas and areas of geologic
sensitivity exist; and to promote the general public health, safety and
welfare.
Section 7. Section 12-21-2 of the Vail Town Code is hereby amended by the
addition of the following new definition, to appear in alphabetical order:
WILDFIRE HAZARD AREA: An area at elevated risk to public safety from
wildland fire. Wildfire hazard areas contain or are surrounded by
vegetation, live or dead, which has the potential to burn and cause public
safety hazards. The entirety of the Town of Vail lies within a wildfire hazard
area.
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Section 8. Section 12-21-3 of the Vail Town Code is hereby amended as
follows:
The Town Manager shall formulate and develop master hazard plans for
the Town. Said hazard plans shall be based on engineeri ng studies and
shall indicate the location of known floodplains, avalanche, wildfire hazard
areas and geological hazard zones of influence, known red and blue
avalanche and geological hazard areas, and forty percent (40%) slope
areas. In addition, the plans may show any other information or data
deemed to be desirable by the town manager. Maximum citizen
participation during the formulation of the master hazard plans as well as
other phases of the information implementation of the hazard studies and
regulations shall be encouraged. The purpose of the master hazard plans
is to identify and alleviate present and future problems created by the
construction of improvements in the hazard areas within the Town by
means of presenting in an orderly fashion the general data and information
which are essential to the understanding of the relationship between the
hazards and improvements located within said areas. The master hazard
plans may be altered from time to time to conform to new information or
existing conditions.
Section 9. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by
the addition of the following new Section 12-21-16:
12-21-16: RESTRICTIONS IN WILDFIRE HAZARD AREAS
The entirety of the Town of Vail lies within a wildfire hazard area. The
natural vegetation surrounding and throughout the community is
dependent on wildfire for regeneration and ecosystem health. The
ecosystem is dependent upon infrequent, high severity stand replacing
wildfire. Wildfires of this character can carry over m any thousands of acres
and burn for several weeks. Besides substantial flaming fronts, fires of this
nature frequently send large quantities of embers miles outside of the main
fire perimeter igniting additional spot fires. Due to the long and narrow
layout of the Town, no location within the Town limits is outside the
potential ember fall area from a wildfire.
Structures built within the Town shall be constructed and landscaped in a
manner to resist ignition from wildfire flames and embers. Specific
requirements for ignition resistant construction and landscaping are in Title
10, Chapter 1; Title 12, Chapter 11; and Title 14, Chapter 10 of this Code.
Section 10. Section 14-2-1 of the Vail Town Code is hereby amended by the
addition of the following new definition, to appear in alphabetical order:
FLOOR AREA, GROSS: The total floor area within the enclosing walls of a
structure including without limitation the following:
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A. Areas specifically designed and used for mechanical
equipment to operate the building;
B. Stairways;
C. Elevators;
D. Common hallways;
E. Common lobbies;
F. Common restrooms;
G. Areas designed and used for parking;
H. Areas designed and used as storage which do not have direct
access to an individual office or retail store, not to exceed five percent (5%)
of the total proposed net floor area for office and not to exceed eight percent
(8%) of the total proposed net floor area for retail; and
I. Areas that may be deducted from the gross residential floor
area per Section 12-15-3 of this code.
"Common areas" are spaces for which all occupants in the building
contribute toward the upkeep and maintenance thereof and are not
used for employee working areas.
Section 11. Section 14-10-3(D) of the Vail Town Code is hereby amended as
follows:
D. All areas disturbed during construction shall be revegetated.
Replacement of disturbed soils and vegetation shall comply with Section
14-10-8 of this Code. If necessary, the design review board may designate
allowable limits of construction activity and require physical barriers in order
to preserve significant natural features and vegetation upon a site and
adjacent sites during construction.
Section 12. Section 14-10-5(B) of the Vail Town Code is hereby repealed and
reenacted to read as follows:
B. Ignition Resistant Materials: The use of ignition resistant building
materials and designs intended to prevent the spread of fire are required,
unless otherwise exempted by Section 12 -11-3 this Code. Vail Fire and
Emergency Services is available to provide more information on the use of
ignition resistant materials and designs. Predominantly natural building
materials shall be used within the Town. The exterior use of wood, wood
siding, native stone, brick, concrete, stucco, and EIFS may be permitted.
Concrete surfaces, when permitted, shall be treated with texture and color;
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however, exposed aggregate is more acceptable than raw concrete. The
exterior use of the following siding materials shall be prohibited: stucco or
EIFS with gross textures or surface features that appear to imitate other
materials, simulated stone, simulated brick, plastic and vinyl.
1. The exterior use of any building material, including those not
specifically identified by this Section, shall only be permitted, unless
otherwise prohibited by this Code, where the design review board
finds:
a. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design,
color, and texture;
b. That the use of the proposed material complies with the
intent of the provisions of this Code; and
c. That the use of the proposed material is compatible
with the structure, site, surrounding structures, and overall
character of the Town.
2. The provisions of this Paragraph B shall apply to the
construction, alteration, movement, repair, maintenance and use of
any building, structure or premises within the Town, unless otherwise
exempt by Section 12-11-3 of this Code. Buildings or structures
moved into or within the Town of Vail shall comply with the provisions
of this Code for new buildings and structures.
3. Repair or replacement of twenty-five percent (25%) or less of
a deck surface or support structure is exempt from the ignition
resistant requirements of this Paragraph B.
4. Combustible siding, as defined in the Town’s adopted building
codes, may be used as long as it does not cover more than thirty -
three percent (33%) of a given wall (excluding windows, doors and
other openings) and may not be within 5 feet of the ground level.
Combustible siding which has a profile that may allow ember
intrusion such as wood shake or wood shingle is prohibited.
Section 13. Section 14-10-5(G) of the Vail Town Code is hereby amended by the
deletion of Paragraph 3(d).
Section 14. Section 14-10-8 of the Vail Town Code is hereby amended as
follows:
A. Various natural vegetation zones exist within the Gore Valley as a
result of the form and aspects of the land itself. The north facing slopes
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within the valley are typically heavily wooded with spruce, pine and aspen
and generally receive less direct sunlight than the drier south facing slopes
which typically consist of sage, aspen and other vegetation tolerant of drier
conditions. The valley floor which is adjacent to Gore Creek consists of a
wide variety of trees and shrubs adapted to the relatively fertile soil and
natural availability of water.
The goal of any landscape plan shou ld be to preserve and enhance the
natural landscape character of the area in which it is to be located and serve
as an aid in fire prevention and protection. The landscape scale and overall
landscape design shall be developed so that new vegetation is int egral with
the natural landscape and the inherent form, line, color and texture of the
local plant communities. Since the The major objective of the landscaping
is to help reduce the scale of new structures, to assist in the screening of
structures, to reduce the risk to life and structures from the intrusion of fire
from wildland fire exposure and fire exposures from adjacent structures, and
to mitigate structure fires from spreading to wildland fuels. the The planting
of large-sized, well-spaced plant materials is encouraged. Fire wise plant
materials are encouraged required due to their ability to resist fire. Trees
should shall be maintained through limbing and pruning in order to prevent
limbs from being too close to structures and other plant materia ls. Special
care should be taken in selecting the types of plants to use when designing
a landscape plan. Final selection should be based upon the soils and
climate, ease of establishment, suitability for the specific use desired, ability
to deter the spread of fires and the level of maintenance that can be
provided. New planting shall use plants that are indigenous to the Rocky
Mountain alpine and subalpine zones or are capable of being introduced
into these zones.
A recommended list of plant materials, some indigenous to the Vail area, is
on file with the department of community development. Also indicated on
the list are fire wise plant materials which are suitable for planting within the
Vail area. The minimum sizes of landscape materials acceptable are as
follows:
Required trees:
Deciduous 2-inch caliper
Conifers 6 foot
Required
shrubs
#5-gallon container
Foundation shrubs shall have a minimum height of 18 inches at
time of planting.
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B Landscape design shall be developed to locate new planting s in
order to extend existing canopy edges or planted in natural looking groups
and shall be designed and insta lled in conformance with the Vail Fire and
Emergency Services Fire-Resistant Landscaping guidelines, unless
exempted by Section 12-11-3 of this Code. Geometric plantings, evenly
spaced rows of trees, and other formal landscape patterns shall be avoided.
…
J. All plantings must be mulched with materials as listed in the Vail Fire
and Emergency Services Fire-Resistant Landscaping guidelines, unless
otherwise exempt per Section 14-10-5 B 12-11-3 of this Code.
…
L. Defensible space shall be created and maintained in an area
extending from the perimeter or projection of the building or structure to a
radius of 100 feet or the lot lines, whichever is less. Defensible space and
landscaping shall comply with Vail Fire and Emergency Services Fire -
Resistant Landscaping guidelines.
Section 15. Section 14-10-10(B) of the Vail Town Code is hereby amended as
follows:
B. Accessory buildings generally should be attached to the main
building either directly or by means of a continuous wall, fence or similar
feature of the same or a complementary material as the main building's
exterior finish.
Section 16. The changes adopted by this Ordinance shall be effective for all
Building Permit Applications received by the Town of Vail’s Community Development
Department on or after _______, 2020.
Section 17. 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 18. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
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Section 19. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2019 and a public hearing for second reading of this Ordinance is set for the ____ day of
____________, 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
December 3, 2019 - Page 90 of 197
DEFINITIONS
[RB] CLADDING. The exterior materials that cover the sur-
face of the building envelope that is directly loaded by the
wind.
I [MP] CLEANOUT. An opening in the drainage system used
for the removal of possible obstruction and located to allow
for access.
[RE] CLIMATE ZONE. A geographical region based on
climatic criteria as specified in this code. For the defmition
applicable in Chapter 11, see Section N1101.6.
[RB] CLOSET. A small room or chamber used for storage.
I [RB] COLLAPSIBLE SOILS. Soils that exhibit volumetric
reduction in response to partial or full wetting under load.
[MP] COLLECTION PIPE. Unpressurized pipe used
within the collection system that drains on-site nonpotable
water or rainwater to a storage tank by gravity.
[MP] COMBINATION WASTE AND VENT SYSTEM.
A specially designed system of waste piping embodying the
horizontal wet venting of one or more sinks, lavatories or
floor drains by means of a common waste and vent pipe ade-
tel · e free vement · above the flow
. The air provided to fuel-burn-
ing equipment including air for fuel combustion, draft hood
dilution and ventilation of the equipment enclosure.
[MP] COMMON VENT. A single pipe venting two trap
arms within the same branch interval, either back-to-back or
one above the other.
I [RB] COMPRESSIBLE SOILS. Soils that exhibit volumet-
ric reduction in response to the application of load even in the
absence d wetting or drying.
[MP] CONDENSATE. The liquid that separates from a gas
due to a reduction in temperature; for example, water that
condenses from flue gases and water that condenses from air
circulating through the cooling coil in air conditioning equip-
ment.
[MP] CONDENSING APPLIANCE. An appliance that
condenses water generated by the burning of fuels.
[RB] CONDITIONED AIR. Air treated to control its tem-
perature, relative humidity or quality.
[RE] CONDITIONED FLOOR AREA. For the definition
applicable in Chapter 11, see Section N1101.6.
[RE] CONDITIONED SPACE. For the definition applica-
ble in Chapter 11, see Section N1101.6.
[RB] CONSTRUCTION DOCUMENTS. Written,· graphic
and pictorial documents prepared or assembled for describing
the design, location and physical characteristics of the ele-
ments of a project necessary for obtaining a .building permit.
Construction drawings shall be drawn to an appropriate scale.
[MP] CONTAMINATION. A high-hazard or health-hazard
impairment of the quality of the potable water that creates an
actual hazard to the public health through poisoning or
14
through the spread of disease by sewage, industrial fluids or
waste.
[RE] CONTINUOUS AIR BARRIER. For the definition
applicable in Chapter 11, see Section N1101.6.
[RE] CONTINUOUS INSULATION (ci). For the defini-
tion applicable in Chapter 11, see Section N1101.6.
[MP] CONTINUOUS WASTE. A drain from two or more
similar adjacent fixtures connected to a single trap.
[MP] CONTROL, LIMIT. An automatic control responsive
to changes in liquid flow or level, pressure, or temperature for
limiting the operation of an appliance.
[MP] CONTROL, PRIMARY SAFETY. A safety control
responsive directly to flame properties that senses the pres-
ence or absence of flame and, in event of ignition failure or
unintentional flame extinguishment, automatically causes
shutdown of mechanical equipment. ·
[MP] CONVECTOR. A system incorporating a heating ele-
ment in an enclosure in which air enters an opening below the
heating element, is heated and leaves the enclosure through
an opening located above the heating element. ·
[RB] -CORE. The lightweight middle section of a structural
insulated panel, composed of foam plastic insulation, that
provides the link between the two facing shells.
[RB] CORROSION RESISTANCE .. The ability of a
material to withstand deterioration of its surface or its
properties where exposed to its environment.
[RB] COURT. A space, open and unobstructed to the sky,
located at or above grade level on a lot and bounded on three
or more sides by walls or a building.
[RB] CRAWL SPACE. An underfloor space that is not a 1:
basement.
[RE] CRAWL SPACE WALL. For the definition applica-
ble in Chapter 11, see Section N1101.6.
[RB] CRIPPLE WALL. A framed wall extending from the
top of the foundation to the underside of the floor framing of
the first story above grade plane.
[MP] CROSS CONNECTION. Any connection between
two otherwise separate piping' systems that allows a flow
from one system to the other.
[RB] CROSS-LAMINATED TIMBER. A prefabricated
engineered wood product consisting of not less than three
layers of solid-sawn lumber or structural composite lumber
where the adjacent layers are cross-oriented and bonded with
structural adhesive to form a solid wood element.
[RE] CURTAIN WALL. For the definition applicable in
Chapter 11, see Section N1101.6.
[RB] DALLE GLASS. A decorative composite glazing
material made of individual pieces of glass that are embedded
in a cast matrix of concrete or epoxy.
[MP] DAMPER, VOLUME. A device that will restrict,
retard or direct the flow of air in any duct, or the products of
combustion of heat-producing equipment, vent connector,
vent or chimney.
20181NTERNATIONAL RESIDENTIAL CODE® December 3, 2019 - Page 91 of 197
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Solid. A masonry unit wil:h a net cross-sectional area in
every plane parallel to the loadbearing surface that is 75
percent or more of its cross-sectional area measured in the
same plane.
[RB] MEAN ROOF HEIGHT. The average of the roof eave
height and the height to the highest point on the roof surface,
except that eave height shall be used for roof angle of less
than or equal to 10 degrees (0.18 rad) .
[MP] :MECHANICAL DRAFT SYSTEM. A venting sys-
tem designed to remove flue or vent gases by mechanical
rneai:J.s, that consists of an induced draft portion under non-
p~sitive static pressure or a forced draft portion under posi--
tive static pressure.
Forced draft venting system. A portion of a venting sys-
tem using a fan or other mechanical means to cause the
removal of flue or vent gases under positive static pres-
sure.
Induced draft venting system. A portion of a venting
system using a fan or other mechanical means to cause the
removal of flue or vent gases under nonpositive static vent
pressure.
Power venting system. A portion of a venting system
-using a fan or other mechanical means to cause the
-removal of flue or vent gases under positive static vent
pressure.
IMP] MECHANICAL EXHAUST SYSTEM. A system for
removing air from a room or space by mechanical means.
[MP] MECHANICAL JOINT.
1. ·A connection between pipes, fittings or pipes and fit-
tiggs that is not welded, brazed, caulked, soldered, sol-
. vent cemented or heat-fused.
~-A general form of gas-or liquid-tight connections
·obtained by the joining of parts through a positive hold-
ing mechanical construction such as, but not limited to,
flanged, screwed, clamped or flared connections.
!'MPl _MECHANICAL SYSTEM. A system specifically
addressed and regulated in this code and composed of com-
ponents, devices, appliances and equipment.
[RIO METAL ROOF PANEL. An interlocking metal sheet
havii1g an installed weather exposure of not less than 3 square
fe~t (0.28 m2) per sheet.
TRB] METAL ROOF SHINGLE. An interlocking metal
'sheet 'having an installed weather exposure less than 3 square
feet {0.28 m2) per sheet.
rRB] MEZZANINE. An intermediate level or levels
between the floor and ceiling of any story.
MOJ)IFIED BITUMEN ROOF COVERING. One or
of polymer modified asphalt sheets. The sheet
shall be fully adhered or mechanically attached to
$\lbstrate or held in place with an approved ballast layer~
MULTIPLE-STATION SMOKE ALARM. Two or
si?gle-station alarm devices that are capable of inter-
--.-.,. .. ,,,. such that actuation of one causes all integral or
audible alarms to operate.
TIONAL RESIDENTIAL CODE®
DEFINITIONS
[RB] NAILABLE SUBSTRATE. A product or material
such as framing, sheathing or furring, composed of wood or
wood-based materials, or other materials and fasteners pro-·
viding equivalent fastener withdrawal resistance.
[MP] NATURAL DRAFT SYSTEM. A venting system
designed to remove flue or vent gases under non positive·
static vent pressure entirely by natural draft.
[RB] NATURALLY DURABLE WOOD. The heartwood
of the following species with the exception that an occasional
piece with comer sapwood is permitted if 90 percent or more
of the width of each side on which it occurs is heartwood.
Decay resistant. Redwood, cedar, black locust and black
walnut.
Termite resistant. Alaska yellow cedar, redwood, Eastern
red Weste d cedar including all sapwood of
[ e ea ge
landings at the top of stairway flights.
[RB] OCCUPIED SPACE. The total area of all buildings or
structures on any lot or parcel of ground projected on a hori-
zontal plane, excluding permitted projections as allowed by
this code.
[MP] OFFSET. A combination of fittings that makes two
changes in direction, bringing one section of the pipe out of
line and into a line parallel with the other section.
[MP] ON-SITE NONPOTABLE WATER REUSE SYS-
TEMS. Water systems for the collection, treatment, storage,
distribution, and reuse of nonpotable water generated on site,
including but not limited to graywater systems. This defini-
tion does not include rainwater harvesting systems.
[RE] ·OPAQUE DOOR. For the definition applicable in
Chapter 11, see Section Nll01.6.
[RB] OWNER. Any person, agent, firm or corporation hav-
ing a legal or equitable interest in the property.
[RB] PAN FLASHING. Corrosion-resistant flashing at the
base of an opening that is integrated into the building exterior
wall to direct water to the exterior and is premanufactured,
fabricated, formed or applied at the job site.
[RB] PANEL THICKNESS. Thickness of core plus two
layers of structural wood panel facings.
[MP] PELLET FUEL-BURNING APPLIANCE. A closed
combustion, vented appliance equipped with a fuel feed
mechanism for burning processed pellets of solid fuel of a
sp~cified size and composition.
[MP] PELLET VENT. A vent listed and labeled for use
with a listed pellet fuel-burning appliance. '
[RB] PERFORMANCE CATEGORY. A designation of
wood structural panels as related to the panel performance
used in Chapters 4, 5, 6 and 8.
21 December 3, 2019 - Page 92 of 197
FIRE-RESISTANT
LANDSCAPING
A “how to” guide for
protecting your home
LANDSCAPING
DEFENSIBLE SPACE
NON-COMBUSTIBLE
LANDSCAPE ZONE
TYPES OF
GROUND COVER
STRUCTURAL
ELEMENTS
LANDSCAPE
MAINTENANCE
PROPERTY
SELF ASSESSMENT
December 3, 2019 - Page 93 of 197
O2
FIRE-RESISTANT LANDSCAPING
Vail is located in an ecosystem that has adapted to infrequent but severe wildfires.
The wonderful views and abundant forests that brought us all to the valley can also
be a major threat to our safety and property. Because embers are the leading cause
of home ignition during wildfires, all areas of the community are at risk. Residents and
property owners can take some simple but effective mitigation steps to ensure that
their homes have a greater chance of surviving a wildfire.
During a wildfire everything on your property – landscaping, cars and the home itself
– has the potential to become fuel for the fire. Fire-resistant landscaping is one step
property owners can take to decrease these hazards. A home’s defensible space zone
starts at the foundation wall and extends out to the property line. If grasses, brush,
trees and other common forest fuels are removed, reduced or modified to lessen a
fire’s intensity and keep fire away from the home, the probability that the home will
survive a wildfire is increased. During a wildfire, a home with little or no defensible
space may be hard to defend. Firefighters may be forced to choose defending other
homes that have better defensible space.Photo by Jack AffleckVail is surrounded by thousands of acres of
forest land which elevates the risk for wildfire.
December 3, 2019 - Page 94 of 197
O3
A fire-resistant landscaping plan within
the defensible space zone can yield a
many-fold return of beauty, enjoyment
and added property value. While use of
native plant materials is generally best, a
variety of adapted species will also thrive.
Select plants that are more resistant to
wildfire. Examples include:
Native: Bog Birch, Chokecherry
Adapted: Russian Hawthorn, Ginnla
Maple, Lanceleaf Cottonwood
Other considerations:
• Trees and shrubs nearest to your home
should be widely spaced with lower
heights than those farther away.
• Plant in small, irregular clusters or
islands. Avoid planting in large masses.
• Use decorative rock, gravel and
stepping stone pathways to break up
the continuity of vegetation and fuels.
This can slow the spread of fire across
your property.
• Incorporate a diversity of plant types
and species to minimize loss from pests
and disease.
• In the event of drought and water ration-
ing, focus on maintaining plants closest
to your house.
• Use organic or inorganic mulches to
conserve moisture and reduce weed
growth. Do not use pine bark, thick
layers of pine needles or other mulches
that readily carry fire. Avoid large
continuous mulched areas. Be creative!
Vary your landscape by including bulbs,
garden art and containers.
LANDSCAPING DEFENSIBLE SPACE
Fire-resistant landscaping can be
both attractive and offer additional
protection from a wildfire.
December 3, 2019 - Page 95 of 197
O4 vailgov.com/fire | 970.479.2250
NON-COMBUSTIBLE LANDSCAPE ZONE
The first 5 feet outward from a foundation wall or deck is one of the most critical parts
of your landscaping for home survivability.
• Keep this area free of flammable materials and vegetation.
• Use walkways, stone or concrete patios and landscape stone laid over weed barrier.
• Well irrigated and maintained grass can be used in this area but is less desirable.
Optimum placement of vegetation near a
structure includes:
A. Mow grass short around shrubs.
B. The best tree species to plant generally
are those naturally occurring on or near
the site.
C. Plant low-growing, deciduous shrubs
near structures.
D. Plant flowers away from the
structure, ensure they are well-
irrigated and cut back during the
dormant season.
E. Keep grass mowed around structure
to a maximum of 4 inches.
F. Use gravel or short mowed grass
next to the structure.
A
B
C
E
D
F
Shrubs = 10’ clearance from structure Grass = 5 ‘ clearance from structure
Trees = 15’ clearance from structure
Illustration of recommended distances for fire-resistant landscaping
December 3, 2019 - Page 96 of 197
O5
Shale rock and decomposed granite
Loose cobblestone
River rock
Example of good non-combustible landscaping
Foliage should be kept at least 10’ from structure
December 3, 2019 - Page 97 of 197
O6 vailgov.com/fire | 970.479.2250
MULCH
• Mulch helps control erosion, conserve
moisture and reduce weed growth.
Inorganic non-combustible mulch, such
as gravel, rock and decomposed gran-
ite is preferable for reducing wildfire
hazards and will remain more effective
if it is laid over a weed barrier.
• When using organic mulches, such as
compost or bark chips, use just enough
to reduce weed and grass growth.
Avoid thick layers. These thick layers
of mulch tend to smolder and are
difficult to extinguish when ignited.
• Choose organic mulches that have
a larger chip size such as screened
wood chips. An alternative is to use
dense finely ground materials such as
a garden compost with incorporated
woody material.
• Avoid using needles from your native
pines or conifers. Rake, gather and
dispose of them often within your de-
fensible space. Never use mulches
such as shredded tires around your
home. These mulches, once ignited,
are very difficult to extinguish and give
off toxic fumes. The use of rubber tire
mulches are prohibited by town code.
GRASSES
Maintenance of the grassy areas
around your home is critical. Given Vail’s
extremely variable weather, wildfires can
occur any time snow does not cover the
ground. Tall grass will quickly carry fire
to your house. Mow grasses within 30
feet of your home. Avoid mowing areas
of ecological sensitivity such as within
the stream tract riparian areas.
• Keep grasses short closest to the house
and gradually increase height outward
from the house, to a maximum of 4
inches. This is particularly important
during fall, winter and before green-up
in early spring, when grasses are dry,
dormant and in a “cured” condition. Mow
grasses low around the garage, decks,
firewood piles, shrubs and specimen
trees with low-growing branches.
Non-combustible pea gravel
Organic shredded bark mulch
Well maintained grass broken up with
non-combustible river rock feature
December 3, 2019 - Page 98 of 197
O7
FLOWER BEDS
• Flowers bring variety to a landscape and
provide color from May until frost. Plant
flowers in widely separated beds within
the defensible space zone but away
from structures.
• Isolate flower beds from each other and
from other fuels by using gravel walk-
ways, rock retaining walls or irrigated
grass areas mowed to a low height.
GROUND COVER PLANTS
Replace bare, weedy or unsightly patches
near your home with ground covers, rock
gardens, vegetable gardens and mulches.
• Ground cover plants break up the monot-
ony of grass and enhance the beauty
of your landscape. They provide a variety
of textures and color and help reduce
soil erosion.
• Consider ground cover plants for areas
where access for mowing or other main-
tenance is difficult, on steep slopes and
on hot, dry exposures.
• Ground cover plants are usually low
growing. They are succulent or have
other fire resistant characteristics that
make them useful, functional and
attractive. When planted in beds
surrounded by walkways and paths,
in raised beds or as part of a rock
garden, they decrease fire spread.
• The ideal ground cover plant is one
which will spread, forming a dense mat
of roots and foliage that reduces soil
erosion and excludes weeds.
Blue Fescue Hens and Chickens
Blue Salvia
Columbines
December 3, 2019 - Page 99 of 197
O8 vailgov.com/fire | 970.479.2250
SHRUBS
• Shrubs lend color and variety to the landscape and provide cover and food for wildlife.
However, shrubs can add to a property’s fuel source by producing flying embers,
the leading cause of home ignition during wildfires. Shrubs are a “ladder fuel”
– they can carry a relatively easy-to-control fire burning along the ground into tree
crowns. Once a wildfire starts to burn into the crowns of the trees, they are difficult,
sometimes impossible, to control.
• To reduce the fire-spreading potential of shrubs, plant only widely separated low-
growing, non-resinous shrubs around the property.
• Do not plant shrubs directly beneath windows or vents or where they might spread
under wooden decks.
• Do not plant shrubs under tree crowns or use them to screen utilities, firewood piles
or other flammable materials.
• Plant shrubs as individuals or in small clumps apart from each other and away from
any trees. Mow grasses low around shrubs. Prune dead or broken stems and remove
dead material from shrubs annually. Remove the lower branches and suckers as the
shrubs mature.
Example of proper non-combustible
surface separation
Native Chokecherry Example of unsafe separation between structure
and vegetation
December 3, 2019 - Page 100 of 197
O9
TREES
Trees provide a large amount of available
fuel for a fire and can be a significant
source of embers if they do burn.
• Heat from burning trees can ignite
nearby shrubs, trees and structures.
• The best species to plant generally
are those already growing on or near
the property. If your property receives
enough moisture, plant deciduous
trees such as aspen or cottonwood.
These species, even when planted in
dense clumps, generally do not burn
well, if at all. Remove accumulations
of dead leaves close to structures as
soon as possible after leaf drop.
• If evergreen trees are desired or required,
take care in properly locating the trees.
Do not plant evergreen trees near struc-
tures. Leave plenty of room between
trees to allow for their growth. Spacing
of trees within the defensible space
should be at least 10 feet between the
edges of crowns. On steep ground, allow
even more space between crowns. Plant
smaller trees initially on a 20- to 25-
foot spacing to allow for tree growth.
At some point, you will have to thin your
trees to retain proper spacing.
• As the trees grow, prune branches to
a height of 10 feet above the ground.
Do not overprune the crowns. A good
rule of thumb is to remove no more
than one-third of the live crown of the
tree when pruning. Prune existing trees
as well as ones you planted.
• Some trees (for example, Colorado
blue spruce) tend to keep a full crown.
Other trees grown in the open may
also exhibit a full growth habit. Limit
the number of trees of this type within
the defensible space. Prune surround-
ing trees and shrubs as described
above and mow grasses around such
specimen trees.
Example of safe ground clearance Example of tree too close to structure
December 3, 2019 - Page 101 of 197
1O vailgov.com/fire | 970.479.2250
When building a deck or patio:
• Use concrete, flagstone, rock, pavers, heavy timbers or wood products pressure-
treated for fire resistance. Avoid use of untreated wood deck boards. Always clear
any debris from below decks, between boards or areas that collect debris.
• If your property requires a retaining wall, consider the materials used for construction.
Rock or masonry walls are best, but even wooden tie walls constructed of heavy
timbers will work. Avoid having landscape timbers tying into the structure.
• On steep slopes, consider building steps and walkways around structures. This serves
as a physical barrier to fire spread.
STRUCTURAL ELEMENTS OF A FIRE-RESISTANT LANDSCAPE
Gabian rock wall
Stacked stoneExample of non-combustible landscaping
December 3, 2019 - Page 102 of 197
11
MAINTENANCE
A landscape is a dynamic system that
constantly grows and changes. Keep
your landscape maintained year-round
to retain its fire-resistant properties.
• Always keep a watchful eye towards
reducing fuel volumes available to fire.
Be aware of how quickly plants grow
within your landscape and of the chang-
es that occur throughout the seasons.
• Remove annuals and cut back perennials
after they have gone to seed or when
the stems become overly dry.
• Rake up leaves and other litter as it
builds up through the season.
• Mow or trim grasses to a low height
within your defensible space. This is
particularly important as grasses cure.
• Remove plant parts damaged by snow,
wind, frost or other agents.
• Timely pruning is critical. Pruning not
only reduces fuel volumes but also
maintains healthier plants by producing
more vigorous, succulent growth.
Landscape maintenance is a critical part
of your home’s defense system. Even the
best defensible space can be compro-
mised through lack of maintenance.
December 3, 2019 - Page 103 of 197
PROPERTY SELF ASSESSMENT
Your self assessment starts with an overall look at your home site. Certain factors
such as: the slope of the area, where your home sits on the hillside, distance between
you and your neighbors, and the design of your home greatly influence your risk from
wildfires. Items in green indicate a lower risk while items in orange and red indicate
high risk factors. Many of these risk factors can not be directly changed, however
mitigation actions such as changing/reducing landscaping around your home can
reduce the effect of these risk factors. Vail Fire and Emergency Services is available
year-round to assist you with any questions or concerns. Contact the Wildland Division
at 970.477.3475.
INFORMATIONAL
General Slope of Area 0 - 9% 10 - 20% 21 - 30% 31 - 41% > 40%
Homes positioned on a slope or Bottom 1/3 of slope Middle 1/3 of slope Top 1/3 of slope, ridge top,
proximity to features that adversely saddle or adjacent to steep
affect wildfire behavior canyon or box canyon
Separation of structures that can 30 feet or greater 20-29 feet Less than 20 feet
contribute to fire spread/ behavior
Architectural styles that contribute Complex roof designs Interior corners/ Large overhangs
to home ignition roof dormers
BUILT ZONE - The structure itself
YES NO
Non-combustible roof materials present
Non-combustible siding material present on 75% or more of the structure
Deck built with ignition-resistant materials
Absence of combustible attachments
(i.e. fences, window boxes, accessory buildings)
Spark arrestor on chimneys
4” or larger address displayed where it is visible from the road
12 vailgov.com/fire | 970.479.2250
December 3, 2019 - Page 104 of 197
LEAN, CLEAR AND GREEN ZONE - Within 5 feet of structure
YES NO
Branches removed from within 10 feet of the structure
Leaves, needles and other flammable materials removed from gutter and roof
Leaves, needles and other flammable materials removed from on top and
beneath decks, steps and overhangs
No plants, leaves, needles and other flammable material within 5 feet of structure
WILDLAND FUEL REDUCTION ZONE - Within 100 feet of the structure
YES NO
Grass mowed to 4 inches or less in height within 30 feet of the structure
Trees thinned to spacing guidelines on page 9
Shrubs thinned to spacing guidelines on page 8
Flammable brush removed from beneath trees
Trees limbed to a minimum of 6 feet above ground (10 feet desired, do not limb
more than 1/3 of the total height of the tree)
Dead or dying material removed from the lower 10 feet of all trees and bushes
ACTIONS TO BE TAKEN TO MAKE YOUR HOME SAFER
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
13
December 3, 2019 - Page 105 of 197
14 vailgov.com/fire | 970.479.2250
WAYS WILDFIRE WILL THREATEN YOUR RESIDENCE
Vail Fire and Emergency Services has provided this guide as a reference for community
members to understand wildfire risks and ways to reduce that risk. Following these
recommendations will help your home survive in the event of a wildland fire. For more
information, refer to vailgov.com/departments/fire/wildland. Wildfire will threaten
your property in three ways:
Contact by Flames
This type of threat occurs when vegetation and other fuels burning near the house
produce flames that come in contact with the home and ignite it. Often it happens when
fire burns through a uniform layer of vegetation right up to the house. It is important to
reduce wildland vegetation on the property to reduce this threat.
Radiated Heat
Radiated heat is produced by electromagnetic waves that travel out in all directions
from a flame. When a house receives enough radiated heat for a sufficient amount of
time, it will ignite. Sometimes radiated heat can burst windows and allow burning
embers to enter the house. It is important to construct homes with fire-resistant materials
to reduce this threat.
Flying Embers
More houses burn due to flying embers than any other reason. If fire conditions are
right, embers can be lofted high into the air and transported more than a mile. Burning
embers can also be carried by wind and fire whirls. If these burning embers land in easily
ignitable materials, a new fire can start. Wood shake roofs are especially vulnerable to
ember ignition. It is important to remove flammable materials on and near homes such
as pine needles, wood piles and shrubs to reduce this threat.
December 3, 2019 - Page 106 of 197
Some content courtesy of CSU Extension 15
SHRUB SPACING GUIDELINES
0-5 feet from the structure
There should be no combustible vegetation in this zone. Water-dependent and irrigated
vegetation is acceptable if kept free of dead needles, leaves and debris.
5-30 feet from structure
Vegetation in this zone should be limited to single, well-spaced specimen plants. No
dead vegetation should exist in this zone. If you decide to allow some flammable brush
to remain such as juniper bushes, they must be thinned and maintained to the extent
that it cannot transfer fire to the structure or other vegetation. These specimen plants
should not be left under the drip line of any overstory trees in this zone.
Beyond 30 feet from the structure
Flammable brush in this area should be removed from under the drip line of any trees.
A good rule of thumb for thinning brush in open areas is to create a distance between
shrubs of twice the height. For example, if a shrub is 3 feet high then the distance to
the next shrub should be at least 6 feet. This spacing should increase as slope of the
lot increases.
TREE SPACING GUIDELINES
0-5 feet from the structure
No trees or branches should be within this zone. Trees and branches should not touch
or overhang the structure. If trees must be kept in this zone they should be limbed up
a minimum of 10 feet and be free of dead limbs, needles and leaves.
5-30 feet from structure
A few individual well spaced trees can be kept in this zone. All trees in this zone should
be limbed to a height of 10 feet, but never prune branches on more than 1/3 the total
height of the tree.
30-100 feet from the structure
Trees in this zone should be well spaced and maintained. Trees should be spaced an
average of 10 feet from drip line to drip line of the trees. Small clumps of trees can be
left if desirable. Treat each clump as if it were a single tree and create spacing between
the clumps. All dead and diseased trees in this zone should be removed.
A permit is required for the limbing and removal of all trees in the Town of Vail limits.
Permits can be obtained from the Community Development Department at 75 South
Frontage Road or 970.479.2138.
December 3, 2019 - Page 107 of 197
75 South Frontage Road
Vail, Colorado 81657
970.479.2250 | vailgov.com/fire
Photos by Townsend Bessent
December 3, 2019 - Page 108 of 197
FIRE-RESISTANT
LANDSCAPING
PLANT RECOMMENDATIONS
Preserve and enhance the natural
landscape character while protecting
your home from wildfire.
December 3, 2019 - Page 109 of 197
5’ FROM STRUCTURE
MULCH
• Non-combustible Mulch
GRASS & GROUND COVER
• Well maintained and irrigated lawn
• Perennial Flower Beds
• Perennial Groundcover
SHRUBS
• None Recommended
TREES
• None Recommended
TREES
• Maple Varieties
• Thinleaf Alder
• River Birch
• Hawthorn Varieties
• Crabapple Varieties
• Lanceleaf Cottonwood
• Narrowleaf Cottonwood
• Quaking Aspen
• Mountain Ash
• White Fir
• Engleman Spruce
• Colorado Blue Spruce
• Bristlecone Pine
• Lodgepole Pine
• Pondarosa Pine
• Limber Pine
• Rocky Mountain Douglas-Fir
30’ + FROM STRUCTURE
MULCH
• Non-combustible Mulch
• Screened Woodchip
• Grass and Groundcover
• Native Grass
• Perennial Flower Beds
• Perennial Groundcover
• Kinnikinnick
• Grape Holly
• Creeping Holly
SHRUBS
• Ninebark Varieties
• Serviceberry
• Bog Birch
• Rabbit Brush
• Dogwood Varieties
• Cotoneaster
• Wax Flower
• Cinquefoil
• Sand Cherry
• Native or Shubert Chokecherry
• Antelope Bitterbrush
• Current Varieties
• Some Rose Species
• Raspberry
• Spirea Varieties
• Snowberry
• Lilacs
• Juniper Species (planted in clumps and
not under tree crowns)
• Mugo Pine
5’ - 10’ FROM STRUCTURE
SHRUBS
(use sparingly)
• Ninebark Varieties
• Bog Birch
• Rabbit Brush
• Dogwood Varieties
• Cotoneaster
• Wax Flower
• Cinquefoil
• Sand Cherry
• Antelope Bitterbrush
• Current Varieties
• Rose Species
• Raspberry
• Spirea Varieties
• Snowberry
• Lilacs
10’ - 30’ FROM STRUCTURE
MULCH
• Non-combustible Mulch
• Screened woodchip or other large
organic mulch
GRASS & GROUND COVER
• Well maintained and irrigated lawn
• Native grass cut to 4 inches or less
after grass has seeded
• Carpet Bugle
• Nodding Onion
• Iceplant Species
• Kinnikinnick
• Snow-in-Summer
• Creeping Holly
• Creeping Thyme
TREES
(Use sparingly between 10’ and 15’ from structure
and no coniferous trees within 15’ structure)
• Maple Varieties
• Thinleaf Alder
• River Birch
• Hawthorn Varieties
• Thornless Cockspur
• Flowering Crabapple
• Lanceleaf Cottonwood
• Narrowleaf Cottonwood
• Quaking Aspen
• Mountain Ash
• White Fir
• Pondarosa Pine
• Engleman Spruce
• Colorado Blue Spruce
• Bristlecone Pine
• Lodgepole Pine
• Limber Pine
• Rocky Mountain Douglas-Fir
December 3, 2019 - Page 110 of 197
75 South Frontage Road
Vail, Colorado 81657
970.479.2250 | vailgov.com/fire
Optimal
landscaping
clearance
from structure:
• GRASS - 5’
• SHRUBS - 10’
• TREES - 10’
Optimum placement of vegetation near a
structure includes:
• Mow grasses short around trees and shrubs.
• The best tree species to plant generally are
those naturally occurring on or near the site.
• Plant low-growing, deciduous shrubs closer to
the structure and keep evergreen shrubs further
away and well spaced.
• Plant flowers at least 5 feet away from the
structure, ensure they are well irrigated and
cut back during the dormant season.
• Keep grass mowed around structure to
a maximum of 4 inches. However, avoid
mowing ecologically sensitive areas
around streams
• Use gravel or short mowed grass next to
the structure.
Suggested plant and shrub species can thrive in the Vail area under the correct exposure conditions.
Please consult a professional landscape designer or landscape architect for additional information.
December 3, 2019 - Page 111 of 197
Town of Vail
Wildland
Urban
Interface
Code
Amendments
Mark Novak-Fire Chief
Paul Cada-Wildland
Program Manager
December 3, 2019 - Page 112 of 197
Changing Fire Environment
Town of Vail | WUI Code Adoption
•Fires are becoming larger
and more impactful on
communities
•1960’s and 70’s Large fire
were 1000-4000 acres
•2002 saw the first fire over
100,000 acres
•2018 had multiple fires over
100,000 acres
•20 of the 20 largest fires in
CO history occurred since
2000
•5 of 20 largest fires occurred
in 2018
“In the past two decades, a rapid
escalation of extreme wildfire
behavior, accompanied by
significant increases in risk to
responders and citizens, home and
property losses, costs, and threats
to communities and landscapes
have been observed.
-The National Cohesive Wildland Fire
Management Strategy December 3, 2019 - Page 113 of 197
Fire Impacts and Threats
Town of Vail | WUI Code Adoption
•Direct impacts on homes,
businesses and
infrastructure
•Flash flooding and debris
flow in Gore Creek
•Diminished wildlife habitat
•Recreational and tourism
impacts of area closures
•Smoke
•Hazmat created by burned
out buildings
•Ability to recover
December 3, 2019 - Page 114 of 197
Vail’s Wildfire Risk
Town of Vail | WUI Code Adoption
•The entire Town of Vail is within the Wildland-Urban
Interface
•Embers can travel ½ to 1 mile from a wildfire
•All of the area surrounding Vail is at risk for high
severity, stand replacing wildfire.
•The current risk of wildfire is substantially different
than when the Town was founded
•The wildlands surrounding Vail do not burn frequently
(every 150-250 years) but when they do it is very
intense and destructive.
December 3, 2019 - Page 115 of 197
Vail’s Wildfire Risk
Town of Vail | WUI Code Adoption
*Risk of high severity fire as rated by Colorado Wildfire Risk Assessment
Vail Village
Intermountain
East Vail
December 3, 2019 - Page 116 of 197
Town of Vail Strategies to Reduce Wildfire Risk
Town of Vail | WUI Code Adoption
December 3, 2019 - Page 117 of 197
Methods to Reduce Structural Ignitability from Wildfire
Town of Vail | WUI Code Adoption
Home Hardening Vegetation Management
Both are needed to prevent home loss
December 3, 2019 - Page 118 of 197
What Causes Structure Ignition During a Wildfire?
Town of Vail | WUI Code Adoption
•Direct flame contact
•Ember ignition
•Structure to structure conflagration
December 3, 2019 - Page 119 of 197
Current Action
Town of Vail | WUI Code Adoption
•Code amendments would only apply to new projects approved
after adoption. Code is not retroactive
•Amend building and planning codes to incorporate relevant parts of 2018 ICC
IWUI code to strengthen current code.
•Amend currently adopted versions of International Residential Code
and International Building Code (Title 10) to include technical
requirements for ignition resistant construction methods and
requirements for the fire resistant landscaping.
•Amend Title 12 Recognize wildfire as hazard for all of the Town of Vail.
•Amend Title 14 Chapter 10 to require ignition resistant building
materials and landscape design.
•BFCAB, DRB and PEC all felt that proposed amendments would not
significantly impact current construction methods, time or cost
•Adoption of code amendments would safeguard current design standards
and construction methods and put a focus on long term public safety
throughout the community.
December 3, 2019 - Page 120 of 197
Title 12-Zoning Regulations
Town of Vail | WUI Code Adoption
•Amend Title 12 to recognize wildfire as
hazard for all of the Town of Vail.
December 3, 2019 - Page 121 of 197
Title 14-Development Standards
Town of Vail | WUI Code Adoption
•Amend Title 14 Chapter 10 to require
ignition resistant building materials and
landscape design.
December 3, 2019 - Page 122 of 197
Title 10-Building Code Amendments
Town of Vail | WUI Code Adoption
Amend currently adopted versions of International
Residential Code and International Building Code (Title 10) to
include technical requirements for ignition resistant
construction methods and requirements for the fire resistant
landscaping.
New construction will incorporate non-combustible or
ignition resistant building materials into soffits, exterior wall
coverings and attachments such as decks
December 3, 2019 - Page 123 of 197
Walls
Town of Vail | Vail Fire Wildfire Program Summary
503.5 Exterior walls.
Exterior walls of buildings or structures shall be constructed with at least one of the
following methods:
Such material shall extend from the top of the foundation to the underside of the roof
sheathing
.
1.Materials approved for not less than 1-hour fire-resistance-rated
construction on the exterior side.
2.Approved noncombustible materials.
3.Heavy timber or log wall construction.
4.Ignition-resistant materials complying with Section 502.2 on the exterior
side. Exterior walls covered in materials meeting the standards as
described in 502.2.4.1 are not permitted to use the exception listed below.
Exception: Combustible siding may be used as long as it does not cover more that 33% of
the area of a given wall exclusive of openings and may not be within 5 feet of the ground
level.
Combustible siding which has a profile that may allow ember intrusion such as wood
shake or wood shingle is prohibited.
December 3, 2019 - Page 124 of 197
Walls
Town of Vail | Vail Fire Wildfire Program Summary
December 3, 2019 - Page 125 of 197
Walls
Town of Vail | Vail Fire Wildfire Program Summary
December 3, 2019 - Page 126 of 197
Attachments
Town of Vail | Vail Fire Wildfire Program Summary
503.7 Appendages and projections.
Unenclosed accessory structures attached to buildings
with habitable spaces and projections, such as decks,
shall be not less than 1-hour fire-resistance -rated
construction, heavy timber construction or constructed
of one of the following:
1.Approved noncombustible materials.
2.Fire -retardant-treated wood identified for
exterior use and meeting the requirements
of Section 2303.2 of the International
Building Code.
3.Ignition-resistant building materials in
accordance with Section 502.2.
December 3, 2019 - Page 127 of 197
Attachments
Town of Vail | WUI Code Adoption
December 3, 2019 - Page 128 of 197
Landscaping
Town of Vail | Vail Fire Wildfire Program Summary
602.2 Fuel modification Area.
Buildings or structures shall create and maintain defensible space in an
area extending from the perimeter or projection of the building to a
radius of 100 feet or the lot lines whichever is less. Within the fuel
modification area defensible space and landscaping shall comply with
Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines.
Guideline is non-prescriptive to allow for flexibility, design choice and
incorporation of site features
December 3, 2019 - Page 129 of 197
Landscaping
Town of Vail | WUI Code Adoption
December 3, 2019 - Page 130 of 197
Landscaping
Town of Vail | Vail Fire Wildfire Program Summary
December 3, 2019 - Page 131 of 197
Landscaping
Town of Vail | WUI Code Adoption
December 3, 2019 - Page 132 of 197
Landscaping
Town of Vail | WUI Code Adoption
December 3, 2019 - Page 133 of 197
Code Implementation
Town of Vail | WUI Code Adoption
•Fire Department reviews landscaping and
exterior building materials prior to DRB
approval
•Building Department reviews plans prior to
permit and inspects during standard
inspection process
•Planning department inspects landscaping
installation during standard planning
inspection prior to final sign off
December 3, 2019 - Page 134 of 197
Code Outreach
Town of Vail | WUI Code Adoption
•Hold in person workshop with building
community to discuss code changes
•Community Development Newsletter
•Building department lunch and learn
•Spring construction kick off
•Sustainable Landscapers Workshop
December 3, 2019 - Page 135 of 197
Code Adoption Progression
Town of Vail | WUI Code Adoption
•The code amendments are based upon the
recommendations of the Building and Fire Code Board
of Appeals (BFCAB). Fire department meet with BFCAB
7 times during the development process.
•Design Review Board reviewed the proposed
amendments and provided a recommendation to
adopt.
•Planning and Environmental Commission reviewed and
recommended adoption.
•Present proposed code amendments to Vail Town
Council For adoption and implementation.
December 3, 2019 - Page 136 of 197
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: I nterviews for P lanning and E nvironmental Commission
P RE S E NT E R(S ): Tammy Nagel, Town Clerk
AC T IO N RE Q UE S T E D O F C O UNC I L: I nterview candidates who are interested in serving on
P E C.
B AC K G RO UND: A partial term vacancy exists on the Town of Vail P lanning and E nvironmental
Commission (P E C) and interviews will be conducted during the afternoon meeting. A pplicants
must be residents and registered voters of the Town of Vail. The term of the appointment begins
December 9, 2019 and expire on March 31, 2020. Duties of the seven-member P E C include
review and determination of requests for variances and conditional use permits, and
recommendations to Town Council on special development districts, subdivisions, rezonings,
various Town of Vail proposed plans and other community matters per the Town Charter and
ordinances.
AT TAC H ME N TS:
Description
Memorandum P E C Interviews and Appointments
December 3, 2019 - Page 137 of 197
To: Mayor and Town Council
From: Tammy Nagel, Town Clerk
Date: December 3, 2019
Subject: Interviews and Appointments to Planning and Environmental Commission (PEC)
I. SUMMARY
Town Council will have an opportunity to interview applicants for a vacancy on the PEC during the
December 3 afternoon meeting. The formal appointment is scheduled for the evening meeting.
The term of the appointment begin December 9, 2019 and expire on March 31, 2020 (a partial
term).
The applicants for the PEC are listed below; the applicants have met the requirements of Vail
residency and voter registration within the Town of Vail.
1 Robin Burch
2 Dick Cleveland
3 Kirk Hansen
4 Diana Mathias
5 Pete Siebert Jr.
6 Bergen Tjossem
The current make up of the PEC Board include:
Board Member Term Expires
Brian Stockmar 2020
Ludwig Kurz 2020
Rollie Kjesbo 2020
Pam Hopkins 2020
Brian Gillette 2021
Karen Perez 2021
John Ryan Lockman 2021
Duties of the seven-member PEC include review and determination of requests for variances and
conditional use permits, and recommendation to Town Council on special development districts,
subdivisions, rezonings, various Town of Vail proposed plans and other community matters per
the Town Charter and ordinances.
The attached materials provide the letters of interest and resumes. The position vacancies were
advertised with a public notice in the Vail Daily and posted on the Town of Vail website the last
few weeks.
II. SUGGESTED PEC INTERVIEW QUESTIONS
Section 3-2-6 of the Vail Town Code prescribes the function of the PEC. According to the Town
Code, The PEC shall have the following function and duties:
1. Make and adoption of master plans for approval by the Town Council,
December 3, 2019 - Page 138 of 197
Town of Vail Page 2
2. Review and recommend zoning regulations and subdivision regulations to the Town Council,
3. Review and approve environmental impact reports and mitigation measures as required by
the Zoning Regulations, review and comment on programs and studies of environmental
issues,
4. Conduct research of environmental issues,
5. Make recommendations to the Town Council for control of pollution and the protection of the
environment, Advise the Town Council on appropriate actions when air and water quality
standards are violated, and
6. Consider other matters pertaining to the Commission and to act in an advisory role to the
Town Council.
▪ Given the prescribed role of the PEC, what makes you uniquely qualified to serve on the
Commission? Please provide an example from your past which demonstrates your
qualifications and explain why you are interested in serving on the PEC?
The PEC meets on the second and fourth Mondays of each month. Meetings begin at 1:00 pm and
typically adjourn by 5:00 pm. Attendance at meetings is critical as it provides a broad representation on
matters before the PEC and promotes a fair and equitable development review process.
▪ Please describe your availability to attend PEC meetings for the duration of your term and
identify any conflicts of interest that ma arise as a result of your employment, personal
and/or professional relationships or financial interests in the Town of Vail.
The PEC is often asked to act in a quasi-judicial (like a judge) on development applications. Decision
making is guided by review criteria and findings of fact. The review criteria are prescribed by the Vail
Town Code.
▪ Vail is a small community and everyone seems to know each other in one form or another.
Please describe your abilities to act in a quasi -judicial role and provide at least one example
where you had to make and unpopular decision on an issued based upon a set of criteria or
other certain considerations.
▪ What do you think the PEC does well? What could be improved, and what is the role
of PEC members to contribute to the improvement?
Additional Questions for candidates
▪ Do you understand the role and time commitment to be on the PEC?
▪ What skills do you possess that you think would be a benefit to your role if appointed?
▪ Why are you interested in being appointed/reappointed to the PEC?
▪ What impact do you believe you could have on the PEC if appointed?
▪ What do you think the PEC is doing correctly?
▪ What do you believe the PEC could improve upon?
▪ What has been your most rewarding aspect of having served on the PEC?
▪ What do you see as the future of the Town of Vail?
▪ What impact are you hoping to have on the future of the Town of Vail?
Attachments:
▪ Letters of Interest / Resumes from Candidates and Attendance Records
December 3, 2019 - Page 139 of 197
ROBIN DOMM BURCH, ASP
3225 KATSOS RANCH ROAD
VAIL, CO 81657
404-606-0154
robin@eaglesnestinteriors.com
Dear Vail Town Council,
Thank you for considering me for a position on the Planning and Environmental Commission
from December 9, 2019 until March 31, 2019. I have been a full time resident of Vail since 2013
and a property owner here since 1996. I am also a registered voter in the Town of Vail. My
husband, Tom, and I currently live at 3225 Katsos Ranch Road. Our youngest son, Jack, is a
graduate of the Vail Mountain School.
My most recent major commercial real estate development started in 2008 and is still on-going.
In partnership with the Atlanta based commercial real estate development company, Pope &
Land Enterprises, a 150 acre master planned, mixed use community was built. This was a very
challenging project. We took the old Charlotte Coliseum, imploded it and revitalized a dismal
part of Charlotte, North Carolina into a vibrant community. Please review the current results at
www.cityparkcharlotte.com
Another project was Barrett Office Park, in suburban Atlanta, Georgia, a 190,000 square foot
office complex which was developed and then sold.
My residential experience in the Vail Valley is listed in my resume. Most recently I have focused
on the demolition of dilapidated, asbestos ridden, non- code compliant homes on Katsos Ranch
Road and have turned these into beautiful luxury homes designed in the mountain modern style.
I worked closely with Jonathan Spense of Community Development for a successful
redevelopment.
In the City of Dunwoody, Georgia (population 50,000), I served on the Community Council for
two terms. At the same time I was a liaison between the city and county for the design of two
public schools (budget of $20-30 million) plus a large school renovation by the prestigious
architectural firm of Perkins + Will - www.perkinswill.com. In those projects we obtained
recognition for sustainable designs, earning points for Leadership in Energy and Environmental
Design (LEED). During this process I successfully completed the 12 week course at the
Community Planning Academy of the Atlanta Regional Commission. I also served as an
appointed Board Member of the Design Review Committee for the Dunwoody Homeowner’s
Association for more than a decade. We reviewed on a monthly basis potential major
developments in a urban setting.
Hopefully, with my background I can contribute my expertise to the Town of Vail on the PEC. I
appreciate your kind consideration of my interest in this position.
Please let me know if you would like to see a more extensive resume.
Sincerely,
Robin Burch
December 3, 2019 - Page 140 of 197
robin@eaglesnestinteriors.com
404-606-0154
December 3, 2019 - Page 141 of 197
ROBIN DOMM BURCH, ASP
3225 KATSOS RANCH ROAD
VAIL, COLORADO 81657
(404) 606-0154 MOBILE
robin@eaglesnestinteriors.com
www.eaglesnestinteriors.com
PROFESSIONAL EXPERIENCE
OWNER AND CREATIVE DIRECTOR OF EAGLE’S NEST INTERIORS 1986- PRESENT
COMPLETED MULTIPLE DESIGN, RENOVATION, AND NEW CONSTRUCTION PROJECTS IN THE VAIL
VALLEY (SEE ADDRESSES AT END OF RESUME)
PARTNER IN VARIOUS POPE & LAND ENTERPRISES DEVELOPMENTS, INCLUDING MOST RECENTLY
CITY PARK, CHARLOTTE, NORTH CAROLINA, A 150 ACRE MASTER PLANNED, MIXED USE COMMU-
NITY WITH MULTIFAMILY, SINGLE FAMILY HOMES, RETAIL, OFFICE, AND HOTEL DEVELOPMENT
EDUCATIONAL BACKGROUND
ATLANTA REGIONAL COMMISSION PROGRAM FOR COMMUNITY PLANNING OFFICIALS
12 WEEK COURSE IN 2008
ASP HOME STAGING COURSE AND TRAINING HOME STAGING AND DESIGN 2006
HARRINGTON COLLEGE OF INTERIOR DESIGN
CHICAGO, ILLINOIS INTERIOR DESIGN PROGRAM 1991
Emory University M.N. 1981
Atlanta, Georgia Neonatal/Perinatal Nursing
East Carolina University B.S.N. 1979
Greenville, North Carolina Nursing/Minor in Textiles
Queens College Various courses in 1976
Charlotte, North Carolina Arts and Sciences
CERTIFICATIONS
ACCREDITED STAGING PROFESSIONAL (ASP) CERTIFICATION NO. 16868
INTERNATIONAL ASSOCIATION OF HOME STAGING PROFESSIONALS (IHASP)
National Certification Corporation
Neonatal Nurse Practitioner/Board Certified
American Heart Association/American Academy of Pediatrics
PALS-Pediatrics Advanced Life Support Provider
December 3, 2019 - Page 142 of 197
LICENSURE AND ACCREDITATIONS
RESA - REAL ESTATE STAGING PROFESSIONAL
Advanced Practice Registered Nurse
Georgia License No. RN065363
Registered Nurse Colorado License No. RN1635560
PROFESSIONAL EXPERIENCE
POPE & LAND ENTERPRISES PARTNER IN:
CITY PARK CHARLOTTE 2008-PRESENT
WWW.CITYPARKCHARLOTTE.COM
BARRETT OFFICE PARK AND BARRETT BUSINESS CENTER 1999-2019
EAGLE’S NEST INTERIORS DESIGN, BUILD, STAGE SEPT 1986-PRESENT
Vail Resorts Mountain Host Community Guest Ser-
vices Emergency First Re-
sponder
November 2012-Present
Newborn Clinics of America
LLC
Co-owner/Partner
Neonatal Nurse
Practitioner Outpatient
Clinic
January 2006 - May 2012
YMCA of the Triangle/Camp
Seafarer
Camp Nurse Practitioner Summer 2003-2013
Marietta Neonatology Nurse Practitioner
Neonatology
July 1985 - July 1991
Emory University School of
Medicine
Nurse Practitioner
Neonatology
January 1981 - January
2001
Community Involvement
Vail Valley Women’s Association
Vail Valley Foundation
December 3, 2019 - Page 143 of 197
Vail Health Benefactor
Pink Vail/ Pink Park City - Team Captain
National Ski Patrol
Vail Real Estate Development/Design Team of Residential Homes Located at:
2337 Sequoia Drive Single Family 2005
2335 Sequoia Drive Single Family 2006
2065 Vermont Road Duplex 2007
2075 Vermont Road Duplex 2008
2350 Sequoia Drive Duplex 2017
3225 and 3235 Katsos Ranch Road Duplex 2017/2018
3230 Katsos Ranch Road Duplex under construction
REFERENCES
John Martin AIA
Martin Manley Architects
970-328-0592
www.martinmanley.com
john@martinmanleyarchitects.com
Madeleine Del Portillo, MD
2701 North Decatur Road
Decatur, Georgia 30034
Telephone: (404) 501-1843
Facsimile: (404) 501-1837
madeleinedelportillo@mac.com
Lawrence P. Kelly
Pope & Land Enterprises
970-980-0808
www.popeandland.com
www.cityparkcharlotte.com
lkelly@popeandland.com
December 3, 2019 - Page 144 of 197
December 3, 2019 - Page 145 of 197
November 11, 2019
Vail Town Council
c/o Tammy Nagel
Vail Town Clerk
75 S. Frontage Road
Vail, CO 81657
Dick Cleveland
2.')86 Arusa DriH'
\-ail. CO 8165..,
970-4-6-2585
ro-4..,HJ336
Re: Planning & Environmental Commission Vacancy
Dear Vail Town Council:
I would like to submit my name for consideration for the newly vacated position
on the P.E.C. I currently live within the town boundaries, am a registered voter
and believe I meet all the eligibility requirements to apply.
I understand that the term lasts until March 2020 and, if appointed, I will apply
for a new term at that time.
I have previously served several times on the Planning and Environmental
commission (I'm not really sure how many) over the past twenty plus years. I
understand the role that the P.E.C. plays in the development approval process
and believe I can fulfill that obligation impartially and in compliance with the
rules and regulations as well as the criteria for evaluating applications.
I've served on numerous Town boards and commissions over the years and have
participated in very contentious discussions in many of those roles. I don't shy
away from those situations and will follow the policies and procedures set out to
evaluate and considering every application. I will make my decision on the on the
rules and merits of the application.
December 3, 2019 - Page 146 of 197
I have the time available to commit to the P.E.C. schedule. I have always prided
myself on my attendance record on every board I've previously served and will
continue that here if I'm appointed.
Feel free to contact me if you have any questions.
Respectf u fly,
~cit~~
Dick Cleveland
970-471-0336
December 3, 2019 - Page 147 of 197
1
Tammy Nagel
From:Kirk Hansen <kirkjhansen@msn.com>
Sent:Tuesday, November 26, 2019 9:26 AM
To:Tammy Nagel
Subject:PEC application from Kirk Hansen 11.26.19
Attachments:hansen.tov.pecboard.2019.pdf
Hi Tammy,
I decided to go ahead and submit my letter of interest for the open PEC position. Please find that letter attached. I will
be out of town from Dec. 3 ‐ 10 FYI.
Thanks.
Kirk
Kirk Hansen
303.718.7140
kirkjhansen@msn.com
December 3, 2019 - Page 148 of 197
4010 FALL LINE DRIVE, VAIL, CO 81657
303.718.7140, KIRKJHANSEN@MSN.COM
Kirk Hansen
November 25, 2019
Mr. Scott Robson, Town Manager
Ms. Patti McKenny
Ms. Tammy Nagel
75 S. Frontage Rd.
Vail, CO 81657
: sent via email only to tnagel@vailgov.com
Dear Town of Vail Managers and Town Council Members,
One of my favorite TV shows growing up was Star Trek. The prologue to that show
was the dramatic expression “To boldly go where no one has gone before.” Not to
be too dramatic but I see some bold moves taking place in Vail both now and in the
near future with the Town of Vail and I would like to play a small part in that change
by being on your Planning and Environmental Board (again).
My family moved to Vail from Los Angeles in 1988 and living here has been a
wonderful experience and a great place to raise our two boys. My wife of 42 years,
Julie, serves on your Art in Public Places Board. We both love Vail and couldn’t see
living anywhere else.
My formal education includes both a BS in Civil Engineering from Purdue University
and an MS in Systems Engineering from USC. Most of my career was spent working
on large scale IT projects but I also spent 7 years building spec and custom homes in
Vail, Beaver Creek, Bachelor Gulch and Arrowhead. I retired from a formal work
schedule in 2018.
While I traveled frequently with my jobs and had a busy family life, I was still able to
give back to our county and community by helping with number of volunteer
opportunities that are listed on the next page.
December 3, 2019 - Page 149 of 197
2
My current and previous Vail and Eagle County civic involvement includes:
• Eagle County Planning Commission Board
• Town of Vail Licensing Board (Term expires in 2020) – Current Chairman
• Town of Vail Planning and Environmental Commission (PEC) Board
• Town of Vail Special Events Commission
• Vail Recreation District (VRD) Board Member
• Vail Resorts Mountain Host (Red Jacket – starting my 3rd year)
• Eagle County Buddies Program
• The Literacy Project volunteer tutor
While on the Vail PEC Board we worked with the Community, Council, George, Chris,
Jonathon, Greg and Kristin on several initiatives including the Chamonix housing
project, the Gore Creek environmental cleanup project, the Vail Hospital expansion
project, the Golf Course clubhouse redevelopment plan, the Simba Run I-70
underpass, the proposed Marriott Residence Inn in West Vail that was to have 90
eagle county employee units including a number of deed restricted units for
purchase, a new West Vail master plan initiative, and many residential and
commercial change applications.
I look forward to discussing my qualifications with you in person.
Sincerely,
Kirk Hansen
December 3, 2019 - Page 150 of 197
1
Tammy Nagel
From:Diana Mathias <dmathias@slifer.net>
Sent:Friday, November 15, 2019 4:33 PM
To:Tammy Nagel
Cc:Diana Mathias
Subject:Application for vacancy on PEC
Attachments:Diana Mathias app PEC-signed.pdf
Dear Tammy
I have attached above my application for the vacancy on the PEC.
Many thanks
Diana
DIANA MATHIAS BROKER ASSOCIATE
281 BRIDGE STREET VAIL COLORADO 81657 USA
O: 970. 479. 5777 C: 970. 471. 6000 F: 866. 271. 2733 WWW.MYVAILMOUNTAINHOME.COM
Please note: I will never email you wire instructions, please call me if you are asked to wire money. The title company
will send under secure email only.
December 3, 2019 - Page 151 of 197
Diana Mathias
1330 Sandstone Drive #1
Vail, CO 81657
dmathias@slifer.net
970 471 6000
11/15/2019
To whom it may concern:
I am interested in serving on the PEC in Vail.
I have lived and worked full time in Vail since 1980.
Currently I am a Realtor for Slifer Smith and Frampton and previously with Vail Associates Real Estate before
the two companies combined.
I have been with SSF over 20 years.
My education is B.SC from Durham University in the UK specializing in zoology and genetics.
I have always had an interest in buildings, plans and blue prints, rules and regulations and community
development. I have served on the Vail DRB in the past which was extremely interesting with Solaris,
Arrabelle, Middle Creek and other large developments evaluated and discussed. This was 2003/4 although I
am not exactly sure.
I have served on the Vestry for the Episcopal Church of the Transfiguration.
I have also served on the Vail Board of Realtors in a number of capacities, Dir ector on the Board, Trustee of
the VBR Foundation, chair of the Government affairs committee and was also awarded Realtor of the Year.
In my days gone by as a ski instructor, I also served as an examiner for the Rocky Mountain Professional Skiers
of America division
I am an independent thinker but a team player with an analytical and logical mind whilst being open to
listening to others. I understand that I will have a lot to learn to become familiar with the var iances,
conditional use permits of the Town of Vail.
Thank you for your consideration.
Kind regards
Diana Mathias
December 3, 2019 - Page 152 of 197
November 26, 2019
Vail Town Council
75 South Frontage Road
Vail, CO 81657
To the Val Town Council :
Please accept this application for the open position on the Planning and Environmental Commission.
As you can see from the attached resume I spent my early years working in the ski industry and then
became a real estate broker almost thirty years ago. I currently work in the Slifer Smith & Frampton
Real Estate office in Lionshead.
While my past experience should be helpful in working on the PEC, my understanding is that as a
member of the Commission I will need to set aside personal opinions and apply the existing zoning and
Town policies when evaluating matters brought before us .
I look forward to answering any questions you may have and hope to have the opportunity to work on
the Planning and Environmental Commission.
Sincerely,
Pete Seibert Jr,
December 3, 2019 - Page 153 of 197
EDUCATION
1977
1982
EMPLOYMENT
2000-Present
1997-2000
1993 -1997
1990-1993
1987-1990
1985-1987
1980-1985
1977-1980
Volunteer Activity
Pete Seibert Jr.
2381 C Upper Traverse Way
Vail, CO 81657
BA American Literature
MBA Management
Slifer Smith & Frampton RE
Tofferi Faessler RE
Slifer Smith & Frampton RE
Vail Associates Real Estate
Arrowhead, CO
Sun Valley, ID
Snowbasin, UT
Vail, CO
Middlebury College Middlebury, VT
University of Denver Denver, CO
Broker Associate
Broker Associate
Broker Associate
Sales Associate
Area Manager
Lift Supervisor, Slopes Supervisor
Mountain Manger
Ski Patrolman
Vail Valley Mtn Trails Association Board of Directors
Minturn Economic Development Advisory Council Council Member
Vail Veterans Program Ski Assistant
December 3, 2019 - Page 154 of 197
Bergen Tjossem
2958 S Frontage Rd W Unit B5 | Vail, CO 81657
Phone: 970.376.6785 | Email: Bergentjossem@gmail.com
Dear Vail Town Council,
My name is Bergen Tjossem. I am interested in filling the vacancy on the Town of Vail’s
Planning and Environmental Commission. It would be an honor to serve on this important commission in
the town where I was born, raised, and currently reside.
I have watched our town grow and change for nearly 30 years into the thriving destination and
community that it is now. With this evolution comes challenges - housing and parking shortages,
plummeting wildlife populations, and tension between local industry and community. Fortunately, these
challenges are surmountable with balanced and pragmatic approaches to planning, zoning, regulation, and
discussion. My vision for the Town of Vail’s future is one of balance, and I believe that I have the skills
and background to galvanize that harmony in our community and help ensure adherence to the Town’s
master plans.
I am currently employed full time with the Eagle Valley Land Trust, a 501(c)(3) nonprofit
organization dedicated to protecting open space in Eagle County. We protect 36 parcels via conservation
easements throughout the county, including several owned by the Town of Vail. EVLT is a strict non-
advocate - we do not pressure landowners in any way to conserve their land. Instead, we provide
landowners the tools and expertise to protect their land if they choose. For example, EVLT did not take a
stance either way on the Booth Heights proposal, despite our stated mission to protect wildlife habitat.
Our nuanced and careful approach has proven successful nationwide, since it allows our organization to
build landowner relationships that often result in conservation outcomes or at the very least, mitigation.
Before returning to Vail to work with the Eagle Valley Land Trust, I completed a master’s degree
in Conservation Leadership with the Human Dimensions of Natural Resources department of the Warner
College of Natural Resources at Colorado State University. This progressive program, while focused on
conserving natural resources, took a fundamentally “human” approach to protecting land and open spaces
within our community. It helped shape and bolster my vision of balance while providing me the tools to
be an effective leader, facilitator, planner, and conflict mitigator.
In addition to my professional and educational experiences in conservation, I have also worked
with key stakeholders in the Town of Vail. I, like every other member of my family, have proudly worked
for Vail Resorts - for me that was Gold Peak Ski School, summer trail crew, various retail stores, and as
an intern with VR’s Environmental Department alongside Planning and Environmental Commissioner
John Ryan Lockman. I briefly interned with Kristen Bertuglia with the Town of Vail’s Environmental
Sustainability Department, and I have keenly followed the Town’s commitment to environmental
leadership.
Please accept my application to serve on the Town of Vail’s Planning and Environmental
Commission. I look forward to discussing the position with you.
Thank you,
Bergen J Tjossem
December 3, 2019 - Page 155 of 197
Bergen Tjossem
2958 S Frontage Rd W Unit B5 | Vail, CO 81657
Phone: 970.376.6785 | Email: Bergentjossem@gmail.com
Relevant Experience
Communications and Development Manager
Eagle Valley Land Trust | Edwards, Colorado | January 2018 – Current
•Manage annual fundraising goals in collaboration with board development committee and staff
•Author monthly Vail Daily columns, press releases, bi-monthly newsletters, annual reports, fundraising appeals, website
•Design, execute, manage annual fundraising and communications plan and strategic implementation plan
•Organize and facilitate development, special events, endowment, and special campaign committees
•Currently managing conservation fundraising campaigns: Ridgway ($100k goal), Sweetwater Lake ($3.5M goal)
•Secured $125k in event sponsorships over two years in collaboration with event committee
•Managed two Farm to Fork fundraising events, net revenue more than doubled from 2017 ($66.8k) to 2019 ($137k)
•Pursue corporate, foundation, and government grants
Project Manager
Andean Conservancy | Pirque, Chile | March 2017 – December 2017
•Collaboratively created the Andean Conservancy’s (AC) first strategic plan and communications plan
•Conducted research campaign on local landowner values, willingness, and capacity to cooperatively manage resources
•Consulted AC on protected area management and community outreach through principles of adaptive management, social-
ecological systems theory, and leadership strategy
•Prepared briefing documents and presentation materials for AC’s negotiations with senior government officials
•Represented AC at agency meetings to assist in negotiating landscape management, planning, visioning
•Coordinated team meetings and constructed project management timelines and work plans
Field Camp Manager
The Glacier Institute | Glacier National Park, MT | March 2016 – October 2016
•Managed 9 seasonal staff, 15 visiting instructors, custom groups, catalogue programs, and private courses
•Completed $40,000 fundraising campaign with the Whitefish Community Foundation
•Worked with the Executive Director to develop and implement new and existing fundraising strategies
•Initiated and cultivated relationships with individual donors, businesses, foundations, and community members
•Managed $20,000 season budget, campus operations, 15 Buildings, 4 vehicles
•Trained 5 residential staff in site operations, fundraising, facility management, hospitality, and course logistics
•Produced monthly board reports detailing operations, fundraising projects, successes, challenges, funding needs
•Supported grant reporting, writing, and compliance
•Created multi-year budget analysis to cut operational costs
Education
Master of Science (MS) | Conservation Leadership
Colorado State University, Dept. of Human Dimensions of Natural Resources | Fort Collins, CO | November 2017
•Capstone Project: Strategic Communications Plan for the Andean Conservancy, Central Chile
•Awarded competitive assistantship in the Geography and Evolution of Land Tenure Systems (GELTS) research group
Bachelor of Arts (BA) | Environmental Science, Cum Laude
University of Denver | Denver, CO | March 2014
•Minor: Ecology & Biodiversity.
•Semesters abroad in Tanzania and Chile
•Co-authored paper published in the Journal of Insect Conservation
December 3, 2019 - Page 156 of 197
Certifications, Trainings, and Affiliations
Advocacy Ambassador: Land Trust Alliance Current
Member, Communicators’ Network: Land Trust Alliance Current
Attendee, National Land Conservation Conference: Land Trust Alliance 2019
Certified, Conservation Action Planning (CAP): The Nature Conservancy 2016
Trained, Project Management: The Nature Conservancy 2016
Trained, Conflict Management: Mind the Gap Ltd. 2017
Certified, OSI Ecological Restoration Crew Leader: Wildlands Restoration Volunteers 2017
Certified, Wilderness First Responder (WFR): National Outdoor Leadership School (NOLS) 2014 -2019
AIARE Level 1 & 2 Certifications: Colorado Mountain School 2011 & 2016
Recipient, Environmental Science Program Award: University of Denver 2014
Additional Experience
Environmental Associate
Vail Resorts | Vail, CO | November 2010 – March 2011
•Assisted with composting projects and renewable energy strategies to meet ambitious company goals
•Assisted in management of waste diversion and hazardous spill mitigation
Environmental Sustainability Intern
Town of Vail | Vail, CO | November 2013 – February 2014
•Aided the environmental sustainability manager in developing recycling and environmental ordinance proposals
•Assisted in implementation of sustainability initiatives including municipal waste, water, and energy tracking
•Collected baseline resource use data
December 3, 2019 - Page 157 of 197
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: D R B / P E C Update
P RE S E NT E R(S ): J onathan S pence, Senior P lanner
AT TAC H ME N TS:
Description
November 20, 2019 D R B Meeting Results
November 25, 2019 P E C Meeting Results
December 3, 2019 - Page 158 of 197
D E S IG N R E V IE W B O AR D
N ovember 20, 2019, 3:00 PM
Town Council C hambers
75 S. Frontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Attendance
Present: J ohn Rediker, Kit Austin, Doug Cahill, David Campbell, Peter Cope
Absent: None
2.Project Orientation
2.1.3:00 P M
3.Main Agenda
3.1.D R B19-0645 - Vail Spa Condominiums
Final review of an exterior alteration (roof/solar/skylights)
Address/Legal Description: 710 W est Lionshead Circle/Lot 1, Block 2, Vail
Lionshead Filing 3
Applicant: Vail Spa Condominiums, represented by K H W ebb Architects
Planner: J onathan Spence
David Campbell moved to approve. Peter Cope seconded the motion and it
passed (5-0).
3.2.D R B19-0605 - Sturm Residence
Final review of a change to approved plans (landscaping)
Address/Legal Description: 5044 Main Gore Drive South/Lot 2, Vail
Meadows Filing 1
Applicant: Leisa K. Sturm Revocable Trust of 2004, represented by S RE
Building Associates
Planner: J onathan Spence
1. All existing vegetation shown on the approved landscape plan shall
remain. Removal of any vegetation will require Town of Vail approval.
2. New plantings shall not adversely effect any existing vegetation.
David Campbell moved to approve with conditions. J ohn Rediker seconded
the motion and it passed (5-0).
4.Staff Approvals
4.1.B19-0383 - Pitkin Residence
Final review of an exterior alteration (reroof)
December 3, 2019 - Page 159 of 197
Address/Legal Description: 95 Forest Road/Lot 32, Block 7, Vail Village
Filing 1
Applicant: Edward & J udith Pitkin, represented by Plath Construction I nc.
Planner: J onathan Spence
4.2.B19-0456 - Hintz Residence
Final review of an exterior alteration (windows)
Address/Legal Description: 3130 Booth Creek Drive/Lot 10, Block 3, Vail
Village Filing 11
Applicant: Bernd J urgen Hintz, represented by Renewal by Andersen
Planner: J onathan Spence
4.3.B19-0457 - Herman Residence
Final review of an exterior alteration (reroof)
Address/Legal Description: 343 Beaver Dam Road/Lot 1, Block 3, Vail
Village Filing 3
Applicant: Michael E. Herman QP R Trust, represented by I C M Services
Planner: J onathan Spence
4.4.B19-0472 - Fair Hilltop G8 L LC
Final review of an exterior alteration (reroof)
Address/Legal Description: 1806 West Gore Creek Drive/Lot 34, Vail Village
West Filing 1
Applicant: Fair Hilltop G8 LLC, represented by Mountaintop Construction
Planner: Erik Gates
4.5.D R B19-0530 - Booth Heights
Final review of change to approved plans
Address/Legal Description: 3700 North Frontage Road East / Lot 1, East Vail
Workforce Housing
Applicant: Vail Corp Fixed Assets, represented by Triumph Development
Planner: J onathan Spence
4.6.D R B19-0538 - Town of Vail
Final review of an exterior alteration (lighting)
Address/Legal Description: 390 South Frontage Road West/Lot 1, Block 2,
Vail Lionshead Filing 1
Applicant: Town of Vail
Planner: Greg Roy
4.7.D R B19-0540 - Liv Sotheby's
Final review of a sign
Address/Legal Description:
1310 W esthaven Drive/Cascade Village - Colorado Mountain Condominiums
Applicant: Liv Sotheby's, represented by Sign Design
Planner: J onathan Spence
4.8.D R B19-0575 - Hintz Residence
December 3, 2019 - Page 160 of 197
Final review of an exterior alteration (windows)
Address/Legal Description: 3130 Booth Creek Drive/Lot 10, Block 3, Vail
Village Filing 11
Applicant: Bernd J urgen Hintz, represented by Renewal by Andersen
Planner: J onathan Spence
4.9.D R B19-0610 - Prima Partners LL C
Final review of a change to approved plans (landscaping)
Address/Legal Description: 285 Forest Road/Lot 20, Block 7, Vail Village
Filing 1
Applicant: Prima Partners LLC, represented by Shepherd Resources I nc.
Planner: J onathan Spence
4.10.D R B19-0617 - Upton Residence
Final review of exterior alteration (furnace vent)
Address/Legal Description: 4192 Columbine W ay 25/26 / Bighorn Terrace
Applicant: Anne Upton, represented by Downs Mechanical
Planner: J onathan Spence
4.11.D R B19-0619 - Edwards Residence
Final review of exterior alteration (deck)
Address/Legal Description: 2670 Bald Mountain Road West / Lot 29, Block
2, Vail Village Filing 13
Applicant: Dean & Debra Edwards
Planner: Greg Roy
4.12.D R B19-0621 - Goff Residence
Final review of an exterior alteration (windows/doors/vent)
Address/Legal Description: 767 Potato Patch Drive Unit 3/Lot 34, Block 1,
Vail Potato Patch Filing 1
Applicant: J ames & J ody Goff, represented by Landmark Traditions
Planner: J onathan Spence
4.13.D R B19-0622 - R J L Rockledge L LC
Final review of a change to approved plans (foundation wall/tree location)
Address/Legal Description: 197 Rockledge Road/Lot 10B, Block 7, Vail
Village Filing 1-Raether Minor Subdivision Replat
Applicant: RJ L Rockledge L L C, represented by Suman Architects
Planner: Erik Gates
4.14.D R B19-0626 - Grand Hyatt
Final review of a change to approved plans (hot tub)
Address/Legal Description: 1300 Westhaven Drive/Cascade Village - Vail
Cascade Resort
Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by
Maximum Comfort Pool & Spa
Planner: Chris Neubecker
December 3, 2019 - Page 161 of 197
4.15.D R B19-0628 - Town of Vail
Final review of an addition
Address/Legal Description: 2507 Arosa Drive/Lot 5, Block D, Vail Das
Schone Filing 1
Applicant: Town of Vail, represented by Pierce Architects
Planner: Erik Gates
4.16.D R B19-0629 - Plaza Lodge
Final review of a tree removal
Address/Legal Description: 291 Bridge Street/Lot F-K, Block 5C, Vail Village
Filing 1
Applicant: Plaza Lodge, represented by Hopkins Architecture LLC
Planner: J onathan Spence
4.17.D R B19-0632 - Town of Vail
Final review of an exterior alteration (Vail Apres Bells)
Address/Legal Description: 75 South Frontage Road W est/Unplatted - TOV
Administration Building
Applicant: Town of Vail
Planner: J onathan Spence
4.18.D R B19-0633 - Beaver Dam International Residence
Final review of change to approved plans
Address/Legal Description: 54 Beaver Dam Road / Lot 32, Block 7, Vail
Village Filing 1
Applicant: Beaver Dam I nternational L L C, represented by V MD A
Planner: Greg Roy
4.19.D R B19-0637 - Sonnenalp
Final review of tree removal.
Address/Legal Description: 20 Vail Road / Lot 1, Sonnenalp Subdivision
Applicant: Sonnenalp Properties, represented by Old Growth Tree Service
Planner: Erik Gates
4.20.D R B19-0638 - Moyer & Fitch Residences
Final approval of a tree removal
Address/Legal Description: 1815 West Gore Creek Drive W est/Lot 18, Vail
Village W est Filing 2
Applicant: Clinton Fitch & Matthew Moyer
Planner: Greg Roy
4.21.D R B19-0639 - Eagle River W ater & Sanitation District
Final review of an exterior alteration (electric vehicle charging station)
Address/Legal Description: 846 Forest Road/Lot 1, Eagle River Water &
Sanitation District Subdivision
Applicant: Eagle River Water & Sanitation District
Planner: J onathan Spence
December 3, 2019 - Page 162 of 197
4.22.D R B19-0641 - Skipper & Scout
Final review of a sign
Address/Legal Description: 242 East Meadow Drive Unit C101/Tract C,
Block 5E, Vail Village Filing 1
Applicant: S F & J acaranda I nc., represented by Skipper & Scout
Planner: J onathan Spence
4.23.D R B19-0643 - Lady Jones Boutique
Final review of a sign
Address/Legal Description: 172 Gore Creek Drive Unit 146/Lot 1, Lodge
Subdivision
Applicant: Lodge Shop Unit #164 L L C Paul & J oni Gotthelf, represented by
Sign Design Awning
Planner: J onathan Spence
4.24.D R B19-0644 - El Segundo
Final review of a sign
Address/Legal Description: 223 Gore Creek Drive Unit A/Lot A, Lot 5B, Vail
Village Filing 1
Applicant: Creekside Commercial Building LLC, represented by Sign Design
Awning
Planner: J onathan Spence
4.25.D R B19-0649 - Northside Grab & Go
Final review of an exterior alteration (exhaust fan)
Address/Legal Description: 2271 North Frontage Road West/Lot 1, Vail Das
Schone Filing 1
Applicant: First Bank of Vail Firstbank Holding Co., represented by Shaeffer
Hyde Construction
Planner: Greg Roy
4.26.D R B19-0658 - Brooktree Townhouses
Final review of a change to approved plans (exterior lighting)
Address/Legal Description: 980 Vail View Drive/Lot B5, Block B, Lion's
Ridge Subdivision Filing 1
Applicant: Brooktree Townhouses, represented by Blue Sky Restoration
Planner: J onathan Spence
The applic ations and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend the project orientation and the site visits that
precede the public hearing in the Town of Vail Town C ounc il Chambers. Times and order of
items are approximate, subject to c hange, and cannot be relied upon to determine at what time
the Design Review Board will c onsider an item. Please call 970-479-2138 for additional
information. Sign language interpretation available upon request with 24-hour notification, dial
711.
December 3, 2019 - Page 163 of 197
P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
November 25, 2019, 1:00 P M
Town Council C hambers
75 S. F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Attendance
Present: Rollie Kjesbo, J ohn-Ryan Lockman, Ludwig Kurz, Brian Gillette
and Karen Perez
Absent: Pam Hopkins
2.Main Agenda
2.1.This appeal has been vacated and will no longer be heard.
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an
interpretation by the Administrator of the Community Development
Department concerning Section 12-6D-8: Density Control, Vail Town Code,
regarding potential redevelopment of the property located at 2417 Chamonix
Lane/Lot 20, Block A, Vail Das Schone Filing No. 1, and setting forth details
in regards thereto. (TC19-0028)
Applicant:J ohn R. Bergey, represented by Wear Travers Perkins, LLC
Planner:J onathan Spence
2.2.A request for review of a variance from Section 14-6-7, Retaining Walls,
Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town
Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of
Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and
setting forth details in regard thereto. (P E C19-0041)
75 min.
Applicant:Town of Vail, represented by Greg Hall
Planner:Erik Gates
Planner Gates introduced the project and brought the commission up to
speed on its status. He stated his intent to speak about both this item and
P E C19-0039 as the two applications are directly related. He explained to the
commission what changes to the application had been made since the last
time this project was heard. Gates referred to the comments that have been
received pertaining to this application.
Kurz-Please explain the difference between an E I S and an E I R? W hat are
the impacts.
Gates- E I S is more rigorous than an E I R an takes a longer time to
complete. An E I S requires an exploration of development alternatives and
their possible impacts. This generally takes 1-2 years to complete.
Gillette-W hat does the Town Code ask for?
December 3, 2019 - Page 164 of 197
Gennett- An E I R
Lockman-How are the two applications related?
Gates-The C UP is for the expansion of the Streets building and the retaining
wall at the Public W orks site. The variance is to allow a height in excess of 6’
for the retaining wall.
Greg Hall-Discussed the changes that have occurred to the plan. Spoke to
the review by C P W and the delay in receiving that. He stated his intent to
request tabling. Discussed the rock fall berm and the scope of Phase 1
including the location of solar on the building. The style of the rock fall berm
was presented. Hall discussed how the revisions are more sensitive to the
site and result in less disturbance.
Gillette-How will the construction occur?
Hall-The relocation allows the Streets building to move forward without the
wall. Building construction would start in April. The wall and berm
construction would occur within the J une to October window.
Chris J uergens, Architect-Discussed building changes and the flexibility it
allows. Elevations of the proposed building were shown.
Perez- W hat is the extent of the wall. W hat is its distance from the
buildings?
Chris-it ranges from 80 to over 120 feet. Probably 150’ from the existing
housing.
Gillette-Questions from J im Lamont should be discussed.
Gillette asked about employee staffing levels.
Hall-Staffing is not based on the building but on levels of service. No new
employees contemplated at this time.
Gillette-Traffic levels?
Hall-No change to traffic with Phase 1. Discussed traffic study and the
master plan.
Gillette-Scheduling should be included in the memo for the next meeting.
Hall showed photos of the site and where the berm and wall would be
located. Discussed two dates for open houses for the public.
The Commission discussed the possibility of a site visit at the next meeting.
Gillette-W hat is the lost habitat?
Hall- 0.8 acres from the wall. The area between the berm and the wall is not
taken as a loss. Ground solar is not part of the application.
Gillette- Construction traffic causing a safety issue at the frontage road?
Hall- Flaggers will be added as needed.
December 3, 2019 - Page 165 of 197
Gillette-I s there or will there be a mitigation plan.
Hall. There will be reseeding. W ill see what the biologists recommends.
Gillette- Need a ten year plan. A mitigation plan for the life of the master
plan. Need to be throwing 200K a year for ten years. Reseeding does not
cut it for a mitigation plan. W ill be looking for that at the next meeting.
Hall-I t is in the Forest Service’s court now for 2020.
Gillette-W ould like to add a condition that the TOV formulate a long term
habitat mitigation plan.
Kurz-W ould go along with Brian’s direction that we have discussed the
mitigation, but nothing has really occurred. I ssue needs to be addressed
after everything that has happened in the last two years.
Kjesbo-Asked if the site is adequate right now if solar and housing were not
contemplated and the retaining wall not constructed?
Hall-The retaining wall is necessary with the possibility of the closing of the
charter bus lot and V RD requests. Additional interior heated space is
needed as is exterior storage areas.
Gillette- Spoke to mitigation measures and their benefits.
Hall-W ould like the biologist to weigh in on measures.
Gillette-W ould like to know what the plan is or the process. Need a
coordinator.
The floor opened to public comment
Blondie Vusich- Encourage by the Commissioners comments and the
direction. W ould like to see an E I S.
Robin Burch- Heavy equipment on the booth heights site made the sheep
move all the way down to the highway. Sheep were scared. Worries about
sheep falling off a 20’ wall and the precedent a high wall makes.
W illiam Shake- Had questions about the construction of the wall.
Susan Bristoll- Feels the larger scope of the project is not addressed. Would
like to see the TOV require an E I S. Does not feel the mitigation plan is is
adequate.
Tom Vusich- Encouraged. Observed sheep on the site of booth heights
development today.
J ennifer Crabtree- Attended the October 15th meeting. Spoke to the
applicant supporting mitigation but no plan in place.
Gillette clarified the questions concerning the retaining wall and rockfall
berm.
J uegens-Clarified how far the wall is from the buildings. I t ranges from 90 to
just over 200.
December 3, 2019 - Page 166 of 197
Hall spoke to the historical use of the site and the inability to halt activities on
the site.
Kjesbo-Supports E I S. W orries about scope creep and being sensitive to the
site. I t is a P W site not a housing site. Does not support the solar field
Gillette- Agrees with Kjesbo. Does not support the solar field. Asked about
when an E I R or E I S is required. Would support it at the master plan level
instead of the development plan stage. Asked staff to consider making this a
requirement for master plans.
Perez- Agrees with Gillette. Need to have E I R or E I S at time of rezoning or
master plan. Concerned about consistency among applications. Would like
to see mitigation plan and C P W report. Should follow Booth Heights
mitigation plan.
Lockman- Agrees with fellow commissioners. Spoke to components of the
master plan. Supports the retaining wall. Need a clear plan for the
development of the site and related mitigation.
Kurz-Agrees with other commissioners and the need for the TC to provide
more precise direction. Need to also recognize the needs of P W and their
needs.
Hall-Asked about a Public Works Master Plan update to the commission.
Gillette-Depends on the biologist recommendations and the mitigation plan
process.
Brian Gillette moved to Continue to December 9, 2019. J ohn-Ryan
Lockman seconded the motion and it passed (5-0).
Absent:(1)Hopkins
2.3.A request for review of a Conditional Use Permit pursuant to Section 12-
9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12,
Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an
amendment to the conditional use permit for the Town of Vail Public W orks
facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in
regard thereto. (P E C19-0039)
5 min.
Applicant:Town of Vail, represented by Greg Hall
Planner:Erik Gates
Brian Gillette moved to Continue to December 9, 2019. J ohn-Ryan
Lockman seconded the motion and it passed (5-0).
Absent:(1)Hopkins
3.Approval of Minutes
3.1.November 11, 2019 P E C Results
Brian Gillette moved to Approve. Karen Perez seconded the motion and it
passed (6-0).
December 3, 2019 - Page 167 of 197
4.Adjournment
Brian Gillette moved to Adjourn. Karen Perez seconded the motion and it (5-
0).
Absent:(1)Hopkins
The applications and information about the proposals are available for public inspec tion during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the
Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
Published in the Vail Daily November 22, 2019
December 3, 2019 - Page 168 of 197
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: V L HA November 12, 2019 Meeting Results
AT TAC H ME N TS:
Description
November 12, 2019 V LH A Meeting Results
December 3, 2019 - Page 169 of 197
Vail Local Housing Authority
Meeting Results
November 12, 2019
3:00 PM
Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
1. Call to Order
A quorum being present Lindstrom called the meeting to order at 3:04 PM. Members
present are McDougall, Lindstrom, Meza, and Wilkins. Campbell and Ruther (via
conference call) were present from staff.
2. Citizen Participation
2.1. Citizen Participation
No one from the public present, no comments
3. Approval of Minutes
3.1. VLHA October 22, 2019 Meeting Results
MOTION: Meza SECOND: Lindstrom VOTE: 2-0-1 Approved
(McDougall Abstained)
4. Main Agenda
4.1. Resolution No. 31, Series of 2019, a Resolution Approving the Purchase of a Deed
Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally
Described as Condominium Unit 304, Building D, Brooktree Townhouses, Eagle County,
Colorado with a Physical Address of 980 Vail View Drive, Unit D304, Vail Colorado; and
Setting Forth Details in Regard Thereto.
Presenter: Lynne Campbell, Housing Coordinator
MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved
4.2. Resolution No. 32, Series of 2019, a Resolution Approving the Purchase of a Deed
Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally
Described as Unit 1, Aspen Tree Condominiums, Eagle County, Colorado with a
Physical Address of 931 Red Sandstone Road, Unit 1, Vail Colorado; and Setting Forth
Details in Regard Thereto.
Presenter: Lynne Campbell, Housing Coordinator
MOTION: Meza SECOND: McDougall VOTE: 3-0 Approved
December 3, 2019 - Page 170 of 197
4.3. Resolution No. 33, Series of 2019, a Resolution Approving the Purchase of a Deed
Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally
Described as Condominium Unit 12-J, Pitkin Creek Park Phase III, Eagle County,
Colorado with a Physical Address of 4061 Bighorn Road, Unit 12J, Vail Colorado; and
Setting Forth Details in Regard Thereto.
Presenter: Lynne Campbell, Housing Coordinator
MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved
4.4. Resolution No. 35, Series of 2019, a Resolution Approving the Purchase of a Deed
Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally
Described as Condominium Unit 3-B, Vail Heights No. 2 Condominiums, Eagle County,
Colorado with a Physical Address of 2099 Chamonix Lane, Unit 3B, Vail Colorado; and
Setting Forth Details in Regard Thereto.
Presenter: Lynne Campbell, Housing Coordinator
MOTION: Meza SECOND: McDougall VOTE: 3-0 Approved
4.5. Resolution No. 34, Series of 2019, a Resolution Approving a Third Amendment
to Development Agreement Between the Town of Vail and Sonnenalp Properties, Inc.
Presenter: George Ruther, Housing Director
MOTION: McDougall SECOND: Wilkins VOTE: 4-0 Approved
5. Matters from the Chairman and Authority Members
Meza attended the Eagle County Mobile Home Parks discussion. He stated about 10-12
people attended, mainly state and local housing members. Meza had 3 key take aways:
1. More oversight/enforcement of the Colorado Mobile Home Act at the local level,
2. fair and equitable process regarding rent and evictions and
3. tenants’ abilities to bring up issues related to safety and welfare.
The Act redefined the definition what is a mobile home park, any property with five or
more mobile homes on the property is considered a mobile home park.
Lindstrom forwarded to Campbell Eagle County’s housing guideline updates and
process.
Per Wilkins he stated at the home buyer assistance committee meeting the committee
wants to hear from developers as to how to simplify the development process. Wilkins
and Ruther are planning to attend the Eagle County housing guideline and process
updates.
5.3. Solar Vail Ribbon Cutting November 19, 2019 1:30 pm
6. Executive Session
December 3, 2019 - Page 171 of 197
6.1. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition,
lease, transfer, or sale of property interests and to determine positions, develop a
strategy and instruct negotiators, regarding: four (4) submitted Vail InDEED applications
and program details.
Presenter: Lynne Campbell, Housing Coordinator
McDougall motioned to enter executive session.
MOTION: McDougall SECOND: Meza VOTE: 4-0 Approved
McDougall motioned to exit the executive session and reenter the regular meeting.
Present are McDougall, Meza, Wilkins and Lindstrom.
MOTION: McDougall SECOND: Wilkins VOTE: 4-0 Approved
7. Any Action as a Result of Executive Session
Wilkins recommended staff continue forward with the Vail InDEED applications as
discussed in executive session.
MOTION: Wilkins SECOND: McDougall VOTE: 4-0 Approved
Wilkins mentioned the County compliance process came up at the Eagle County
Homebuyer Assist Committee meeting. Eagle County an online compliance form for
owners to check boxes indicating they are in compliance. The County still has several
hundred restrictions to track and use a formulaic approach to track. Wilkins
recommended discussion Eagle County approach with Nicholle Jackson. Would there be
value in having the Valley Home Store help with compliance.
Campbell noted the Housing department is preparing a digital compliance form. Upon
confirmation from the legal department regarding signatures and affidavits which will
hold up in court compliance will move to a digital format.
8. Adjournment
8.1. Adjournment 5:00 PM (estimated)
MOTION: McDougall SECOND: Meza VOTE: 4-0 Approved
9. Future Agenda Items
9.1.
• EHU Capital Improvements, Labor Cost Housing Data
• Housing Sites Discussion Civic Area Plan
• Land Banking (sale of GRFA)
• Public Health Housing Incentive, Eagle County Health
10. Next Meeting Date
December 3, 2019 - Page 172 of 197
November 26, 2019 meeting cancelled.
10.1. Next Meeting Date December 10, 2019
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail
website www.vailgov.com. All housing authority meetings are open to the public. Times
and order of agenda are approximate, subject to change, and cannot be relied upon to
determine at what time the Vail Local Housing Authority will discuss an item. Please call
(970) 479-2150 for additional information. Please call 711 for sign language interpretation
48 hours prior to meeting time.
Housing Department
December 3, 2019 - Page 173 of 197
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: C S E Minutes from 10/16/19 F unding A llocations Meeting and 11/4/19 Regular
Meeting
AT TAC H ME N TS:
Description
C S E Draft Meeting Minutes - 10/16/19 Funding Allocation Meeting
C S E Draft Meeting Minutes - 11/4/19 Regular Meeting
December 3, 2019 - Page 174 of 197
COMMISSION ON SPECIAL EVENTS MEETING
2020 FUNDING ALLOCATION
Vail Golf Clubhouse
Wednesday, October 16 @ 8:00am
Commissioners present: Biszantz, Valenti, Gordon, Davis, Rediker, Kundolf, Wadey
Education and Enrichment Funding Discussion @ 8:23am
Vail Veterans Program
Requested: $20,000
CSE funded: $18,000
Vail Symposium
Requested: $40,000
CSE Funded: $32,000
Commentary: Marco: Can get more from elsewhere
Barry/Raylaa: This is our most iconic EE event
Kim: 30 years into this event, they should have more sponsors.
Through the Lens
Requested: $10,000
CSE: $7,000
Integrated Wellness Seminar (NEW)
Requested: $8,000
CSE Funded: $0, with in-kind if needed
Commentary:
- Against: Sam-She can probably fun this herself if she charges enough. Only going to be a 20-
person event. Presentation wasn’t strong enough. Need a better idea of what event is
- For: It’s a time we need people to come to town
Heart and Sole!
Requested: $10,000
CSE Funded: $5,000
Ali: Great marketing getting people in the community there
Family Education Efforts of Mountain Youth (new name- not new event)
Requested: $5,000
CSE Funded: $4,500 with in-kind offers
Commentary: Taking great approach to mental heath in the valley where no one else is. Could
we offer in-kind?
Town of Vail Art Series
Requested: $15,000
December 3, 2019 - Page 175 of 197
CSE Funded:: $13,000
Commentary:
Ali/Barry: Could she raise the cost from $20 to $25 for a ticket. Marco: Super strong event and
impressed how she spends our dollars.
Chinese New Year Celebration (NEW)
Requested: $1,000, with Donovan in-kind
CSE Funded:: $500 and in-kind – and have to invite other schools to be a part of it
Commentary: Kim-Good opportunity for schools to VMS and BMHS to work together. Great IF
there is integration with all schools.
Betty Ford Alpine Gardens
Requested: $30,000
CSE Funded:
Commentary: Barry: The second most recommended on trip advisor. Sam: events that are more
year round/not single day have more impact. Attracts all ages
The Vail Astronomy Night
Requested: $10,000
CSE Funded: $10,000
Commentary: New proposal for more money for more events. We want to be a part of event
dates after we see how it goes this year.
10th Mountain Legacy Parades
Requested: $30,000
CSE Funded:: $20,000
Commentary: Council loves it. Vail Resorts need to purchase gear for this season vs. renting it.
Can’t Vail Resorts pay for their own equipment
Project Funway 2010
Requested: $10,000
CSE Funded: $4,000
Commentary: FYI reminder that staying flat is a huge vote of confidence. Rayla: Opposed: This is
a mediocre event. Charging $25/ticket this year
Tedx Vail Women
Request: $10,000
CSE Funded: $0
Commentary: Lack of faith in production team. Just one day of talks then other offerings. Only
30 women came. Kid event at Battle Mountain is run by students and they don’t get any money
and they get hundreds of people to come
Global Solutions Forum
Requested: $5,000
CSE Funded: $0
Commentary: They have speakers coming that are impressive. This is a smart place to
demonstrate ability to say no. Are they being financially responsible with their promotion cost
December 3, 2019 - Page 176 of 197
Community Leadership Academy
Requested: $7,000
CSE Funded: $5,000
Commentary: Rayla against because this is an opportunity to reach out to other businesses and
use the Mac. Can they offer scholarships to local businesses? Not offered to enough small
businesses through VCBA and bring price down for those businesses. Challenge to come up with
different ways to get more diversity in those attending. This will be a trial year to determine
what funding will be in the future. Can also pull from employees who go through Prima Vail
Sam- I want community events hosted in Vail and inspire people to start businesses in vail.
Mountain Art Collection – Dance/Art Education
Requested: $30,000
CSE Funded: $10,000
Commentary: Can he focus on one of them. Will $10k be enough seed money? Kim – such
growth potential for recreation, community involvement etc. Concern is that the person owning
it has the building for sale. Marco – Idea that someone can find space for dormant space is a
great opportunity. Can be part of Civic Area plan. Keep in mind if the Music Series is successful,
it will greatly help fund this. Need to give specific direction that we want the two Master Classes
and two Music series (salsa and swing, to appeal to different demo). Focus on those and not
spread it too thin.
Boulder Taiko Drumming
Requested: $15,000
CSE Funded: $5,300
Commentary: To build upon and strengthen the relationship of our sister city. We get so many
visitors from Japan and it would be great to build upon that. Holding it at VMS deters other
schools from participating. Could it be held somewhere else like the MAC or Ford Amp.
Unanimous decision made @2:13PM, funding 4 new EE events
Community, Recreation and Culture Funding @ 10:05am
Vail Family Fun Fest
Requested: $20,000
CSE Funded: $15,000
MAC Music Series
Requested: $30,000
CSE Funded: $28,000
Commentary: If this does well, we won’t have to fund them in EE moving forward
Vail Film Fest
Requested: $75,000
CSE Funded: $0
Commentary:
- Mark and Marco for. All others against
December 3, 2019 - Page 177 of 197
- This is never going to be a Sun Dance. Need a known benefactor and until we have that, it won’t
grow. After 18 years into it, it hasn’t grown and status quo. You can only see it’s happening if
you know about it. Not being inclusive of community
- Good for Snow Sports area and appeals to guest. Guest is media savvy so we get social
coverage. However, every theatre is sold out so not a lot of room for growth. Not thrilled they
are going winter vs. summer.
- They used to have high end sponsors. Where did they go?
- Based upon off-peak periods, this time period doesn’t have a need for extra programing
Gourmet on Gore
Requested: $65,000
CSE Funded: $40,000
Commentary:
Against: Giant portion of our budget and wrong time of year to be deploying dollars. We asked
them to change dates and they wouldn’t.
For: It’s the correct demographic. Successful, crowded is good. Like how it melds into Farmers
Market.
Note: Need to look into the number of events happening over Labor Day to keep town safe and
3 groups work together to ensure footprint consistency. Town suggested alternative footprint
options and GoG were reluctance to adjust footprint.
Vail Oktoberfest
Requested: $85,000
CSE Funded: $60,000
Commentary: This event is wildly successful. We can ween them off. No because they will have
trouble getting other sponsors since this is popular time of year. How can we differentiate
ourselves from all other Oktoberfest? But it’s crowded both weekends, so it works
Vail America Days
Requested: $75,000
CSE Funded: $67,500
Commentary: Biggest expense is security and fourth falls on a Saturday so will need more of it
Vail Whitewater Race Series
Requested: $7,000
CSE Funded: $7,000
Vail Summer Bluegrass Series:
Requested: $45,000
CSE Funded: $40,000
Commentary: Need to focus more on liquor. What about a huge blow out Bluegrass weekend
Thurs – Sun?
Vail Beaver Creek Restaurant Week
Requested: $20,000
CSE Funded: $17,000
Commentary: Restaurants want to move it back, so compromise is change to 14 days, not just
10. Bulk of budget to go to Spring
December 3, 2019 - Page 178 of 197
World Pro Ski Tour
Requested: $50,000
CSE Funded: $0
Commentary: I want to see how the event goes this December to see if it’s successful
Vail Yeti Hockey Club
Requested: $18,000
CSE Funded: $15,000
Commentary: Do they get in-kind?
Vail Lacrosse Shootout
Requested: $20,000
CSE Funded: $14,000
They came before Vail America Days was established. They are all over the world. Strong heads
in beds, long stay
Vail Lacrosse Tournament:
Requested: $5,000
CSE Funded: $5,000
Vail Craft Beer Classic and Rocky Mountain Burger Battle:
Requested: $80,000
CSE Funded: $65,000
Commentary: Quality of burger battle was great despite weather. Do better integrating with
local restaurants
Vail Classic Invitational
Requested: $10,000
CSE Funded: $8,000
Commentary: Invitational will bring full families to stay. With second set of equipment they can
double the attendance.
Taste of Vail Fall Wine and Food Classic
Requested: $28,000
CSE Funded: $20,000
Taste of Vail Spring Wine & Food Classic
Requested: $58,000
CSE Funded: $55,000
Commentary: Because it’s the 30th Anniversary, want to give them more. Why not do one taste
of Vail just in Spring?
Vail Farmers Market farm to Table Series
Requested: $25,000
CSE Funded: $15,000
Commentary: want funding to go up so there can be 4 instead of 3 last year
December 3, 2019 - Page 179 of 197
Vail Farmers Market & Art Show
Requested: $55,000
CSE Funded: $43,000
Commentary: Small investment for huge economic impact. Have more farmers and local
businesses than ever. Trained eye to improving level of craftsmanship. Not a lot of free
independent travelers to come specifically for event but re-enforces their decision to come and
stay an extra day. Reyla: Like the idea of the wagon provided to get their products to their car
Revely Vail
Requested: $175,000
CSE Funded: $0
Vail Pickleball Open
Requested: $10,000
CSE Funded: $5,000
Commentary: Right on brand
Super Hero Ski Day
Requested: $5,000
CSE Funded: $3,000
Vail King of the Mountain Open
Requested: $15,000
CSE Funded: $10,000
Bourbon and Bacon Fest Vail (NEW)
Requested: $75,000
CSE Funded: $45,000 ($1,000 In-kind)
Commentary:
- Need to decide on best dates. Memorial Day? Kentucky Derby? Third weekend Lionshead and a
two-day event. Remind them about the Farmers market so no Solaris area
- It’s already a big producer that will do it well and there is a built-in audience. Has a ton of
potential and want to give seed funding.
- Want to get them before they go elsewhere
Vail Mountaineers Hockey Sportsmanship tournament
Requested: $10,000
CSE Funded: $10,000
Commentary: Fully funded based upon time of year and heads in beds
The Steadman Clinic Vail Cup
Requested: $6,000
CSE Funded: $4,000
Legacy Fighting Alliance
Requested: $25,000
CSE Funded: $18,000
Commentary: Date? Offered him Memorial Day?18. Give them a better weekend.
December 3, 2019 - Page 180 of 197
Pink Vail
Requested: $10,000
CSE Funded: $5,000
Vail Valley Cup
Requested: $18,300
CSE Funded: $12,000
Commentary: This event packs the town. Use that money to raise the bar in quality
She uses room roster and hotels dislike it
Powabunga
Requested: $115,000
CSE Funded: $79,790 ($62,000 in-kind plus $2,000)
Commentary:
Rayla: Bought a lot of infrastructure last year. Market more in the front range. Learned a lot of
lessons
Sam: Date choice changing to Closing Day isn’t a hotel draw, but this could pull in stays
Kim: Huge potential. Good weekend
Mark: Doubled because he mentioned Beck (A list performance on closing day)
Barry: Powabunga came in second in events, with Burton first and Snow Days third. Love
demographic
Date move it strong for partnership with VR
Marco: Second Barry with win with mountain on closing day
Kids Adventure Games
Requested: $40,000
CSE Funded: $40,000
Resonates with our guests and families
World Figure & Fancy Skating Championships & Festival
Requested: $7,500
CSE Funded:: $0
Commentary: One of the only of its kind. Not heavily attending. Website very hard to reserve
tickets. Difficult to watch. Event has moved to Lake Placid.
Vail Automotive Classic
Requested: $7,000
CSE Funded: $5,000
Commentary: Great town showing
Vail Arts Festival
Requested: $8,000
CSE Funded: $7,000
Commentary: She has been responsive to our comments
Kick it 3v3 National Championships
Requested: $30,000
December 3, 2019 - Page 181 of 197
CSE Funded: $25,000
Commentary: They say “championships” but not really a championship. A lot of the funding goes
to other events. There is a number that we could lose them. Want to start finding what that
number is. Does take place 100% in Vail
Vail Mountaineers Alumni Weekend
Requested: $10,000
CSE Funded: $5,000
Commentary: Marketed to front range and aspen summit clubs. Game had 3-400 people.
Hockey club has to pay the Avalanche $10k. Brought key hockey players in. Prices doubled
because of number of alumni who want to participate.
SKI for MS: Jonny Moseley's Vertical Challenge
Requested: $10,000
CSE Funded: $4,000
Commentary: Jonny Moseley really participates and draws people in. Potential that Pink Vail had
a few years back.
Winter wonders and Haunted House
Requested: $25,000
CSE Funded: $0
Commentary: VRD purchased their own bumper cars and will be open weekly to public so don’t
need this programing necessarily.
She seemed disorganized. Want to see this idea be more fully baked.
2020 Vail Skating Festival
Requested $25,000
CSE Funded: $20,000 ($9,000 of in-kind)
Commentary: Money goes to ice shows, not the workshops, which is why it’s not in EE
Marco: Feel like ice skating shows don’t draw enough people
Barry: Skating NPS is through the roof
Mark: This quote seems high level show at good budget.
Kim: Need to give direction to get the word out better. Difficult time of year for locals to attend
event, first weekend of Christmas. Lodging is prohibited.
Sam: Better of the two skating festivals
Vail Outlier Off-road Festival
Requested: $35,000
CSE Funded: $25,000
Commentary: Addition of gravel race for next year
Barry: do better job of integrating local community but great event and brings people in to stay
in town. He adapts with the evolution of mountain biking
Unanimous CRC funding decision made @ 2:15pm, funding 4 new CRC events
December 3, 2019 - Page 182 of 197
COMMISSION ON SPECIAL EVENTS MEETING
Vail Town Council Chambers
Wednesday, November 6, 2019@ 8:30a.m.-10:30a.m.
Minutes:
November Meeting Materials
Commissioners present: Biszantz, Valenti, Wadey, Davis, Rediker
@8:35 Wadey Calls meeting to order
1. @8:30a.m.: Administrative Items (5 minutes)
a. Introduction of Scott, new town manager
b. Continue approval of the Minutes from the CSE Meeting on 10/16/19 at next meeting.
c. Funding allocation presentation will be made at VEAC Tuesday, Nov. 7 and VLMD Thursday Nov. 16
d. Upcoming Meeting Reminders
• November 12, Present funding allocations to VEAC
• November 21, Present funding allocations to VLMDAC
• December 4, Regular CSE meeting
2. @8:40a.m.: Event Recaps
a. Gourmet on Gore - Peggy Wolfe (15 minutes)
a. Highlights: New Friday night food truck, Gourmet let’s go had more participants than in the past.
b. Sam: Tokens from vendors get collected before they can count them and worry they aren’t
getting correct amount of money. Work on that for next year
c. Motion to Release final funding for Gourmet on Gore approved unanimously
b. Vail Oktoberfest - Peggy Wolfe (15 minutes)
a. Weather effected Lionshead event. Saturday in VV was biggest crowd because HL worked with
Sitzmark to put tables there and open stage up. Highline to work on how they can make the
guest experience and quality of the event better for next year.
b. Kim: Impressed with the guest commentary in town in Vail village
c. Motion to approve final funding approved unanimously
c. Taste of Vail Fall - Angela Muller (15 minutes)
a. Partnership with media has been very strong. Goal with hosting media has been successful.
Weaknesses that it was too crowded last year so they spread it out. Saw from Eventbrite
purchasing that guests were from outside of Colorado and even in Argentina
b. Kim: heard from people that they loved it at amphitheater but the layout doesn’t work well and
they were in a lane of lines
c. Angela: Now we’ve used all space so people don’t wait in line and continuing to work on that
d. Motion to approve final funding approved unanimously
d. Farm to Table Dinner - Angela Muller
a. Chef visibility is a positive. Exceeded numbers this year and can grow it a bit still. Love the
community feeling of event. Success in bringing in Media like Readers Digest and Sunset to
promote
b. Barry: Access to chefs was a real value ad for chefs because it was a spike in their business and
gave special experience for guests as well. Will need to give more time to chefs because of
speaking to guests.
December 3, 2019 - Page 183 of 197
c. Motion to approve final funding approved unanimously
e. Vail Farmers Market - Angela Muller
a. NPS: 93 and only negative comment is parking. People who attend are here for 4.5 nights.
Vendors: 25% new vendors for coming year. Will be adding wagons for next year. If anyone has
good ideas for E-bikes parking. Could you do a bike valet?
b. Kim: See bike valet where local kids could do fundraising each week
c. Motion to approve final funding approved unanimously
f. Hot Summer Nights - Tom Boyd – New director of Ford Ampethetre
a. NPS: 93. Market improvement in audio quality
b. Kim: doing a great job at bringing in people from surrounding communities
c. CSE does not need to approve final funding however CSE makes a unanimous recommendation
to the Council to release final funding to Hot Summer Nights
g. Vail Dance Festival
a. 90% came specifically for the event. $4.7M in economic impact: A lot has to do with the talent,
their set up crew who come in for 3 weeks of the summer. Manor Vail “campus” with tents in
parking lot and created a new creative feel in that location. Expansion of arts component grew
festival and engaged new audiences ie: Julliard musicians
b. Sam: heard from guests in dance industry that the dancers were very impressive
c. Sam: Mountain art collective is trying to do a lot of work to get dance more prominent in the
valley – would be a nice collaboration for next season.
d. CSE makes a unanimous recommendation to the Council to release final funding to Vail Dance
Festival
h. Kick it 3v3 – Dan Cramer
a. Increased team and spectator attendance by 15%. Brought in a team of coaches from Germany,
Added in speed-kick activation. Asked to reconsider the additional $5,000 in funding to bring in
more teams out of state and enhance marketing effort
b. Barry asked Breakdown between: Local 1,000, Reginal 8,359, Out of State 2,000, International
150
c. Barry: What is benefit of National Championship?
i. Dan: will invite all 1st place teams from around country to participate in elite division
and they get the golden ticket to participate for free (those are out of state teams)
d. Barry: How is it marketed as a National Championship event?
i. Dan: 100,000 in social database, website, video. Note: Getting materials for packet from
Vail that shows amenities
e. Motion to approve final funding approved unanimously
3. @9:30a.m.: Town Council Presentation Overview - Wadey
a. Wadey covered all funding decisions. Council had comments on the below events and were receptive and
appreciative of CSE decisions.
a. Powabunga – How are they going to enhance the event with that increase in funding
b. Beer and Burger Battle – Why so much funding? Wadey: Since it’s only third year, CSE wants to
give it another chance and it is less than the combined funding given to 1. Beer and 2. Burger
battle.
c. Global Solutions – Why wasn’t that funded? Wadey walked through background of funding and
that they may come to Council for funding. Robert (producer) understood reasons for not
funding and Jeremy is going to give him ideas on how to continue to work with the town.
d. World Pro Ski Tour – why were other ski events funded but not this one? Wadey: Want to see
how this year goes since it wasn’t held in Vail last year.
December 3, 2019 - Page 184 of 197
e. Council (Moffett and Chapin) wanted to pass along how great the CSE has been and they support
4. @9:35a.m: October 17 VLMDAC recap - Biszantz
a. Items to think about before funding: Front Range event video – Culinary spots were best performers
because you can target foodies
b. New website studies and domain names underway – using Aspen, Breck, Tahoe and Jackson Hole as
examples because they have town specific sites that also complement the mountain website
c. In Burke Research results - survey shows mountains and water as top destination drivers. Breckenridge
leads pack for town atmosphere because of nightlife
d. Superboomers are least likely to consider Vail because Vail focuses so much on activities and outdoor
adventure?
e. Dynamic families are not swayed by high prices like we often think
5. @9:40a.m. Community Input
a. VLMDAC Board members - Beth Slifer and Skip Thurnauer
a. Appreciate pushing producers on higher event quality
b. Beth: Shortage of emphasis on country music. Rocky Mountain Ski Fest came last winter and
musicians charged money for guests to ski with them and money goes to veterans suffering from
mental heath issues. They had a shortfall this year but Beth will give Jeremys information to
event promoter.
c. Wadey: Mountain Art Collective is doing a first Friday concert series and will include different
genres.
d. Skip: Elaborating on Sam’s notes: VLMDAC made the step to create a separate website from Vail
Resorts so Town of Vail can promote other times of year, aside from winter. More importantly,
Town of Vail will have their own database and can communicate with our guests. The process has
started but it will take next couple of months to get things going and website should be up
second quarter of 2020. This will give CSE more ability to promote events we want to promote
when we want to promote them.
i. For website and database collection: $300,000 to help launch and $100,000 for
additional funding for next year
e. Beth: Increasingly concerned that funding for CSE is limited. It’s in her opinion that CSE should
have same dedicated funding as VLMDAC has.
i. VLMDAC is funded by 1.4% lodging tax. That is lowest tax on lodging than any of our
competitors and it wouldn’t have any adverse effect if it was doubled and increase
funding to CSE. This would need to go to the public for approval.
Motion to adjourn. Davis / Wadey / Unanimous
Adjournment @9:47a.m.
Next CSE Meeting:
Wednesday, December 4, 2019 – 8:30 – 11:00a.m. – Town Council Chambers
December 3, 2019 - Page 185 of 197
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: November Revenue Update
AT TAC H ME N TS:
Description
November Revenue Updates
December 3, 2019 - Page 186 of 197
1
TOWN OF VAIL
REVENUE UPDATE
December 3, 2019
Sales Tax
Upon receipt of all sales tax returns, October collections are estimated to be
$1,109,909 up 0.3% from last year and up 17.1% compared to budget. Year to
date collections of $23,702,135 are up 5.1% from prior year and up 7.2% from
budget. Inflation as measured by the consumer price index was up 1.8% for
October. The annual budget totals $27.1 million.
Real Estate Transfer Tax (RETT)
RETT collections through November 26 total $6,369,619 down 3.0% from this
time last year. 2018 was a record year, with annual collections totaling $7.6M, up
21% from 2017. The annual 2019 RETT budget totals $6,300,000.
Construction Use Tax
Use Tax collections through November 26 total $2,453,940 compared
to $3,686,978 from this time last year. The large difference from prior year is
due to use tax collections from Vail Health remodel. The annual budget
totals $2,220,000.
Summary
Across all funds, year-to-date total revenue of $60.9 million is up 4.6%
from amended budget and up 0.2% from prior year.
December 3, 2019 - Page 187 of 197
MEMORANDUM
December 3, 2019
To: Vail Town Council
Kathleen Halloran
From: Alex Jakubiec
Re: October 2019 Sales Tax
Vail will collect an estimated $77,500 in additional October sales tax to bring
collections up to $1,109,909. October will be up 0.3% or $3,313 from October
2018 and up 17.1% or $162,109 from budget.
Year to date will be up 5.1% or $1,151,493 from 2018 and up 7.2% or
$1,591,315 from budget.
December 3, 2019 - Page 188 of 197
2019 2019 YTD Budget % change % change
2014 2015 2016 2017 2018 Budget Collections Variance from 2018 from Budget
January 3,483,245$ 3,696,798$ 3,738,824$ 3,725,212$ 3,597,610$ 3,858,900$ 4,075,961$ 217,061$ 13.30% 5.62%
February 3,477,419 3,593,947 3,746,055 3,692,592 3,818,356 3,872,440 4,131,167 258,727 8.19% 6.68%
March 3,788,185 4,053,961 4,225,921 3,642,407 4,167,880 4,197,400 4,232,121 34,721 1.54% 0.83%
April 1,280,641 1,370,929 1,089,749 1,386,780 1,233,474 1,313,380 1,443,075 129,695 16.99% 9.87%
May 607,729 584,454 654,462 659,475 830,193 717,620 762,048 44,428 -8.21% 6.19%
June 1,153,247 1,242,400 1,318,092 1,389,982 1,648,443 1,462,320 1,605,015 142,695 -2.63% 9.76%
July 1,829,102 1,937,989 2,053,773 2,215,649 2,412,425 2,274,720 2,495,308 220,588 3.44% 9.70%
August 1,674,813 1,702,579 1,849,815 1,863,949 2,195,175 2,003,920 2,244,101 240,181 2.23% 11.99%
September 1,054,015 1,240,277 1,349,929 1,385,462 1,540,490 1,462,320 1,603,429 141,109 4.09% 9.65%
October 752,295 835,649 906,385 936,954 1,106,596 947,800 1,109,909 162,109 0.30% 17.10%
YTD Total 19,100,691$ 20,258,983$ 20,933,005$ 20,898,462$ 22,550,642$ 22,110,820$ 23,702,135$ 1,591,315$ 5.11% 7.20%
November 962,344 997,100 989,320 997,716 1,264,600 1,042,580 - - - -
December 3,818,096 3,885,849 3,840,919 3,695,305 4,070,870 3,926,600 - - - -
Total 23,881,131$ 25,141,932$ 25,763,244$ 25,591,483$ 27,886,112$ 27,080,000$
Actual Collections
TOWN OF VAILSALES TAX
2019 Budget Comparison
$650,000
$700,000
$750,000
$800,000
$850,000
$900,000
$950,000
$1,000,000
$1,050,000
$1,100,000
$1,150,000
2014 2015 2016 2017 2018 2019
October Sales Tax Collections by Year
December 3, 2019 - Page 189 of 197
Vail Business Review
September 2019
December 3, 2019
The Vail Business Review breaks down the four percent sales tax collected for the month of
September 2019 and year to date collections through the third quarter of 2019.
Overall September sales tax increased 3.9% with retail increasing 7.6%, lodging increased
9.5%, food and beverage decreased 2.7%, and utilities/other decreased by 4.8%. Excluding the
out of town category; sales tax for the month of September was up 3.1%.
Year to date sales tax through the third quarter of 2019 increased 5.3% with retail increasing
7.1%, lodging increased 7.9%, food and beverage increased 0.9%, and utilities/other increased
by 0.4%. Excluding the out of town category; sales tax year to date is up 5.5%.
Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are available
on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and
the sales tax worksheet e-mailed to you automatically from www.vailgov.com.
Please remember when reading the Vail Business Review that it is produced from sales tax
collections, as opposed to actual gross sales.
If you have any questions or comments, please feel free to call me at (970) 479-2125 or Carlie
Smith at (970) 479-2119.
Sincerely,
Alex Jakubiec
Sales Tax Administrator
December 3, 2019 - Page 190 of 197
F & B 75,598.53 80,676.18 ‐6.29%
Other 11,062.78 6,680.59 65.60%
Lodging 83,557.71 85,730.99 ‐2.54%
Retail 127,217.39 126,616.03 0.47%
Total 297,436.41 299,703.80 ‐0.76%
Other 525.50 3,718.35 ‐85.87%
F & B 74,155.03 84,029.24 ‐11.75%
Lodging 156,516.80 117,458.88 33.25%
Retail 47,565.94 46,803.82 1.63%
Total 278,763.27 252,010.30 10.62%
Other 97,338.34 105,300.82 ‐7.56%
F & B 1,095.78 773.79 41.61%
Lodging 2,608.03 3,077.18 ‐15.25%
Retail 198,130.34 168,974.41 17.25%
Total 299,172.49 278,126.21 7.57%
F & B 312,310.90 310,496.81 0.58%
Other 12,295.41 11,603.21 5.97%
Lodging 195,941.73 194,148.88 0.92%
Retail 207,508.48 196,937.32 5.37%
Total 728,056.52 713,186.22 2.09%
F & B 463,160.24 475,976.02 ‐2.69%
Other 121,222.04 127,302.98 ‐4.78%
Lodging 438,624.26 400,415.93 9.54%
Retail 580,422.15 539,331.59 7.62%
Total 1,603,428.68 1,543,026.52 3.91%
Cascade Village / East Vail / Sandstone / West Vail
Town of Vail Business Review
September 2019 Sales Tax
September 2019
Collections
September 2018
Collections September % Change
Total ‐ All Areas
Lionshead
Out of Town
Vail Village
December 3, 2019 - Page 191 of 197
Other 84,237.17 66,456.94 26.75%
F & B 707,341.83 691,840.94 2.24%
Lodging 1,473,182.99 1,119,822.13 31.56%
Retail 1,511,722.36 1,488,739.90 1.54%
Total 3,776,484.35 3,366,859.91 12.17%
Other 19,722.04 34,160.45 ‐42.27%
F & B 970,872.93 984,677.91 ‐1.40%
Lodging 2,776,308.02 2,461,957.06 12.77%
Retail 1,133,624.17 1,046,756.99 8.30%
Total 4,900,527.16 4,527,552.41 8.24%
Other 1,241,444.68 1,221,218.78 1.66%
F & B 12,255.07 10,960.37 11.81%
Lodging 58,751.07 172,317.52 ‐65.91%
Retail 1,657,509.56 1,453,335.09 14.05%
Total 2,969,960.38 2,857,831.76 3.92%
F & B 3,844,505.64 3,798,837.43 1.20%
Other 140,212.95 157,862.86 ‐11.18%
Lodging 3,788,977.54 3,752,917.97 0.96%
Retail 3,169,053.21 2,988,681.28 6.04%
Total 10,942,749.34 10,698,299.54 2.28%
F & B 5,534,975.47 5,486,316.65 0.89%
Other 1,485,616.84 1,479,699.03 0.40%
Lodging 8,097,219.62 7,507,014.68 7.86%
Retail 7,471,909.30 6,977,513.26 7.09%
Total 22,589,721.23 21,450,543.62 5.31%
Retail Apparel 1,303,289.38 1,247,559.27 4.47%
Retail Food 1,284,697.06 1,234,523.87 4.06%
Retail Gallery 44,346.77 24,866.41 78.34%
Retail Gift 44,686.44 40,471.84 10.41%
Retail Home Occupation 1,099.89 877.19 25.39%
Retail Jewelry 205,342.36 185,773.82 10.53%
Retail Liquor 421,829.58 426,948.17 ‐1.20%
Retail Other 2,078,187.58 1,855,453.73 12.00%
Retail Sport 2,088,430.24 1,961,038.96 6.50%
Total 7,471,909.30 6,977,513.26 7.09%
Total ‐ All Areas
Retail Summary
Town of Vail Business Review
September YTD 2019 Sales Tax
Vail Village
September YTD 2018
Collections September % Change
Lionshead
Out of Town
September YTD 2019
Collections
Cascade Village / East Vail / Sandstone / West Vail
December 3, 2019 - Page 192 of 197
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: F inalize Council S ubcommittee A ppointments
AT TAC H ME N TS:
Description
Council Committee Task Force Representatives
December 3, 2019 - Page 193 of 197
2
3
4
5
6
7
8
9
10
11
12
13
14
Town of Vail
Council Committee Appointments I Task Force Appointments and Representatives
2019
Council Member/s or
Representative/s
Committee I Task Force (2019 -2020)
NWCCOG (Northwest Colorado Council of Governments) Scott Robson
& Alternate Patty McKenny
NWCCOG -Water Quality I Quantity Committee Kim Langmaid
CAST (Colorado Association of Ski Towns) Town Manager & Mayor
VRD (Vail Recreation District) I Council Subcommittee Greg Moffet
Jen Mason
Scott Robson
Bravo! Vail Valley Music Festival NA
Channel 5 Vail Valley Community Televison Board propose IT Director
& Alternate Town Manager
Vail Valley Exchange I Sister Cities Jenn Bruno
Vail Youth Recognition Award Jen Mason -alternate
Eagle County Regional Transportation Authority (ECO) Jenn Bruno
Kevin Fole}'., alternate
TOV Open Space I Charter Committee Jenn Bruno
PEC member
Town Manager
Betty Ford Alpine Garden Foundation Jen Mason
Dave Chaein, alternate
Vail Local Marketing District Advisory Council Jenn Bruno
(Statutory authority allows for Council appointment) Dave Chapin, alternate
Vail Child Care Center Krista Miller
HR & Safety Director
Donovan Park Pavilion Diana Donovan
Patty McKenny
Donovan Management
Company (Laurie Asmussen)
1-70 Transportation Corridor Coaltion Scott Robson -Exec
Committee
Greg Hall -staff
Meetings Times
meets quarterly
meets quarterly
meets 5 x annually at
different locations
throughout the State
meets as needed
NA
meets every other month -
not regularly
meets as needed
meets quartelry
meets as needed
random meeting times
meets third Thursday
8 :30 am -11 :30 am
meets monthly
as needed
meets second Tuesday
monthly 8 am -10 am
11/12/2019
Page 1
December 3, 2019 - Page 194 of 197
Town of Vail
Council Committee Appointments I Task Force Appointments and Representatives
2019
Committee I Task Force
15 Vail Economic Advisory Council
16 Economic Council of Eagle County
17 EGE Air Alliance
18 Colorado Municipal League -Policy Committee (standing
committee that develops the League's legislative program ;
composed of municipal member representatives)
19 Vail Parking & Transportation Task Force (Advisory Group)
20 Rotary Club of Vail
21 1-70 West Vail Pass Auxiliary Lanes Project I Project
Leadership Team
22 Housing Subcommittee
Council Member/s or
Representative/s
(2019 -2020)
Greg Moffet
Travis Coggin
Greg Moffet
Mia Vlaar , alternate
Greg Moffet
Greg Moffet
Jenn Bruno , alternate
Dave Chapin
Jenn Mason
all council members
Dick Cleveland
Jenn Bruno
Greg Moffet
Meetings Times
meets second Tuesday
monthly 8 am -10 am
meets quarterly
meets first Monday monthly
3 pm-5 pm
meets 2-3 times
per year
meets as needed
see meeting listing below
this appointment needs to be
confirmed by Town Council
since Dick is no longer a
council member
created at 3/20/1 8
council meeting
meet with VLHA period ically
11/12/2019
Page 2 December 3, 2019 - Page 195 of 197
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: Executive Session, pursuant to: 1) C.R.S . §24-6-402(4)(b)(e) - to receive legal
advice on specific legal questions; and to determine positions, develop a strategy and instruct
negotiators, Regarding: possible real property acquisition
P RE S E NT E R(S ): Matt Mire, Town Attorney
December 3, 2019 - Page 196 of 197
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: Recess 5:25 pm estimate
December 3, 2019 - Page 197 of 197