HomeMy WebLinkAbout2019-12-17 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E T IN G
E vening Agenda
Town Council Chambers
6:00 P M, December 17, 2019
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will
consider an item.
Public c omment will be taken on eac h agenda item.
Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town
services, polic ies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citiz en Participation (10 min.)
2.Appointments for Boards and Commissions
2.1.Appoint three members to the C ommission on Special E vents (C S E). 5 min.
Presenter(s): Dave Chapin, Mayor
Action Requested of Counc il: Motion to appoint three people to the C S E for
a two y ear term ending D ec ember 31, 2021.
3.Consent Agenda (5 min.)
3.1.November 5, 2019 Town Council Meeting Minutes
3.2.November 19, 2019 Town C ounc il Meeting Minutes
3.3.Contract for Data Center
3.4.Resolution No. 47, Series of 2019, A Resolution Accepting a Donation of
Real Property (East Vail parc el 2101-123-00-006).
3.5.Resolution No. 48, Series 2019 - East Vail I -70 I nterchange P edestrian
Path Grant Application
3.6.Resolution No. 49, Series of 2019 Release of Solar Vail D eed Restric tions
Replaced by New Restriction
3.7.Resolution No. 50, Series of 2019, A Resolution Approving an Amended
Operating Plan and Budget of the Vail Loc al Marketing D istrict for its Fisc al
Year J anuary 1, 2019 Through December 31, 2019
December 17, 2019 - Page 1 of 267
4.Town Manager Report
4.1.W ildlife Mitigation Update (Verbal Update)5 min.
Presenter(s): Scott Robson, Town Manager
4.2.W ifi Data Update 5 min.
Presenter(s): TJ J ohnson, I T D irec tor and Mia Vlaar, Ec onomic
Development Director
Bac kground: The Town of Vail will be moving to gated ac cess to the free
Vail W iFi in late December. Gated acc ess is a c ommon prac tice
in locations where free W i Fi is offered. The gated access requires a first
and last name and email address before acc essing W i Fi. The c hange was
requested by the Vail Local Marketing D istrict Adivisory C ounc il as a key
component to support the W eb and Data initiative. The goal is to begin to
capture guest contact information in order to support building our guest
database and to improve our ability to communicate direc tly with our
constituents.
4.3.Review of Solicitation Flyer
Presenter(s): Scott Robson, Town Manager
5.P resentations / Discussion
5.1.W est Vail Master Plan Review Goals 15 min.
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Counc il: Staff asks Counc il to review the presentation
and provide requested direction.
Bac kground:
Following up from the W est Vail Master Plan introductory presentation to
Council on November 19, 2019 staff is seeking Council c onfirmation of the
proposed master plan goals for incorporation into an RFP for c onsulting
services.
The Vail Town Council Ac tion Plan 2018-20 identifies the creation and
adoption of a new West Vail Master Plan as a Town Counc il priority in the
Community Element section of that document.
6.Action Items
6.1.Ordinanc e No. 15, Series of 2019, First Reading, An Ordinance Amending
Sec tion 12-2-2 of the Vail Town Code to C larify Certain D efinitions, and
Amending Section 12-2-1 of the Vail Town Code to Delete D uplic ative
Definitions
15 min.
Presenter(s): Erik Gates, Planner
Action Requested of Counc il: The Vail Town Council shall approve, approve
with modific ations, or deny Ordinance No. 15, Series of 2019, upon first
reading.
Bac kground: The applic ant, the Town of Vail, is proposing numerous
changes to Sections 12-2-2, D efinitions of W ords and Terms, and Sec tion
14-2-1, Definitions of W ords and Terms, Vail Town Code, in order to c larify
existing term definitions and to maintain a consistency of definitions
between Title 12 and Title 14 within the Town Code.
Staff Rec ommendation: The Planning and Environmental C ommission
rec ommended approval of Ordinance No. 15, Series of 2019, unanimously
December 17, 2019 - Page 2 of 267
on September 23, 2019.
6.2.Ordinanc e No. 16, Series of 2019, First Reading, An Ordinance Amending
Sec tion 14-6-7.a of the Vail Town Code to Clarify Design Standards for
Retaining W alls
15 min.
Presenter(s): Erik Gates, Planner
Action Requested of Counc il: The Vail Town Council shall approve, approve
with modific ations, or deny Ordinance No. 16, Series of 2019, upon first
reading.
Bac kground: The applic ant, the Town of Vail, is proposing an amendment to
Sec tion 14-6-7, Retaining W alls, to allow the Design Review B oard to
permit retaining walls in excess of three feet (3') within the front setback
when related to the development of a structure on excessive slopes. Existing
regulations only allow for D esign Review Board approval of retaining walls
in excess of three feet (3') within the front setback when related to a garage
in the front setback or acc ess to a struc ture.
Staff Rec ommendation: The Planning and Environmental C ommission
rec ommended approval of Ordinance No. 16, Series of 2019, unanimously
on September 23, 2019.
6.3.Ordinanc e No. 21, Series of 2019, First Reading, An Ordinance
authorizing the sale of certain vac ant land in the Chamonix Vail C ommunity
to STK C apital LLC for $875,000
10 min.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Counc il: A pproved, approve with modific ations, or
deny Ordinance No. 21, Series of 2019 on first reading
Bac kground: The Vail Town Council instruc ted the town staff to submit the
necessary development review applications to facilitate the sale of a vac ant
parcel of land in the Chamonix Vail C ommunity Subdivision. This parc el of
land was intentionally left vac ant at the time of the development of the
Chamonix Vail Townhomes with the intent to sell the parcel in the future for
free-market and deed-restric ted development.
Staff Rec ommendation: The town staff recommends the Vail Town C ounc il
approves Ordinance No. 21, Series of 2019, on first reading. Approval of
this ordinanc e aligns with town c ounc il direction and furthers the Town's
goal of ac quiring 1,000 new deed restrictions by the year 2027.
7.P ublic Hearings
7.1.Ordinanc e No. 17, Series 2019, Second Reading, An Ordinanc e providing
for the levy assessment and collec tion of town ad valorem property taxes
due for the 2019 tax year and pay able in the 2020 fiscal y ear.
5 min.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Counc il: A pprove, or approve with amendments
Ordinanc e No. 17, Series 2019.
Bac kground: Please see attached memo.
Staff Rec ommendation: Approve Ordinance No. 17, Series 2019.
7.2.Ordinanc e No. 19, Series of 2019, Sec ond 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 Landsc aping.
5 min.
Presenter(s): Mark Novak, Fire C hief; Paul Cada, W ildland Program
Manager
Action Requested of Counc il: A pprove, approve with amendments or deny
Ordinanc e No. 19, Series of 2019, upon second reading.
December 17, 2019 - Page 3 of 267
Bac kground: The applic ant, the Town of Vail is proposing to amend Title 10,
Title 12 and Title 14 of the Town of Vail C ode to increase ignition resistanc e
of new c onstruc tion and landscaping.
Staff Rec ommendation: A pprove on second reading Ordinanc e No. 19,
Series of 2019.
7.3.Ordinanc e No. 20, Series of 2019, Sec ond Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund, Capital Projects Fund,
Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy
Equipment Fund, and Dispatc h Services Fund.
5 min.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Counc il: A pprove or approve with amendments
Ordinanc e No. 20, Series 2019.
Bac kground: Please see attached memo.
Staff Rec ommendation: Approve or approve with amendments Ordinance
No. 20, Series 2019.
7.4.Ordinanc e No. 22, Series 2019, Second Reading, An Ordinanc e
Amending Section 4-3-3-2 of the Vail Town Code to I mpose a Special
Sales Tax on Cigarettes, Tobac co Products and Nicotine P roduc ts at the
rate of 15 c ents per cigarette sold or $3.00 per pack of 20 c igarettes sold
and 40% on the price paid for the purc hase of all other tobac co produc ts
and nic otine products, starting J anuary 1, 2020
5 min.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Counc il: A pprove, approve with amendments or deny
Ordinanc e No. 22, Series 2019 upon sec ond reading.
Bac kground: On November 5th the Vail voters approved B allot I ssue No. 1,
authorizing the imposition of a special sales tax on cigarettes, tobac co
products and nic otine produc ts beginning J anuary 1, 2020. Ordinanc e No.
22, Series 2019 implements the collec tion of that tax.
Staff Rec ommendation: Approve Ordinance No. 22, Series 2019 upon
sec ond reading.
8.Adjournment
8.1.Adjournment 8:00 pm (estimate)
Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website
www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available
fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media
website the week fo llo wing meeting d ay, www.highfivemed ia.org.
P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with
48 ho ur notific ation dial 711.
December 17, 2019 - Page 4 of 267
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 : Appoint three members to the C ommission on Special Events (C S E ).
P RE S E NT E R(S ): D ave C hapin, Mayor
AC T IO N RE Q UE S T E D O F C O UNC IL : Motion to appoint three people to the C S E f or a two
year term ending D ecember 31, 2021.
December 17, 2019 - Page 5 of 267
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 5, 2019 Town C ouncil Meeting Minutes
AT TAC H ME N TS :
Description
November 5 Meeting Minutes
December 17, 2019 - Page 6 of 267
Town Council Meeting Minutes November 5, 2019 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 5, 2019
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Kevin Foley
Kim Langmaid
Greg Moffet
Travis Coggin
Members absent: Jen Mason
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There were no comments for citizen participation.
2. Introduction of new Town Manager Scott Robson
Mayor Chapin introduced the new Town Manager, Scott Robson.
3. Consent Agenda
3.1. Resolution No. 44, Series of 2019, A Resolution Approving a Third Amendment to
Development Between the Town of Vail and Sonnenalp Properties
Moffet moved to approve Resolution No. 44; Bruno seconded and it passed (6-0).
3.2. Gore Valley Trail - Lionshead Realignment Feasibility Analysis Contract Award
Background: The Gore Valley Trail is the primary recreation path through Vail and is managed
by the Town and passes through Vail Corporation owned property in the Lionshead area. The
route of the recreation path through the Lionshead ski base area creates conflicts with other
uses in the area and creates safety concerns. Please see attached aerial image. The purpose of
the feasibility analysis is to identify possible opportunities and costs for the realignment of
recreation path to reduce conflicts and improve user safety. Staff released a Request for
Proposal for professional services with 3 firms responding. The range of fees in the 3 proposals
is $79,900 to $103,600. The firm Otak presented considerable experience on recreation path
projects with similar challenges for a proposed fee of $86,641. The Town and Vail Corporation
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Town Council Meeting Minutes November 5, 2019 Page 2
have agreed to share the cost of the feasibility analysis. Vail Corporation will reimburse the
Town $20,000 to pay for a portion of the fees.
Moffet moved to authorize the Town Manager to enter into a Professional Services Agreement
with Otak in the amount of $86,861 for the Gore Valley Trail-Lionshead Realignment Feasibility
Analysis. Bruno seconded the motion and it passed (6-0).
4. Any action as a result of executive session
Moffet move to authorize the Town Manager to enter into a temporary agreement, in a form
approved by the Town Attorney, with the Vail Beauty Corporation in the current lawsuit
captioned “Vail Beauty Corporation v. Town, of Vail” to eliminate the need for a preliminary
injunction hearing; Coggin seconded the motion and it passed (6-0).
Moffet moved to authorize a real estate contract for the sale of property at Chamonix Vail to
STK Capital, LLC. Bruno seconded and the motion passed (6-0). Foley noted the funds would
be appropriated to the housing fund for the purchase of the parcel.
5. Town Manager Report
New Town Manager Scott Robson shared some thoughts on his new role as Town Manager.
6. Action Items
6.1. Resolution No. 41, Series of 2019 - A Resolution of the Vail Town Council
Adopting the 2018/2019 Town of Vail Civic Area Plan
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Council: Approve, approve with modifications or Deny Resolution No. 41,
Series of 2019.
Background: Starting in mid-December 2018, staff and the town's planning consultant team
have gathered community feedback on ideas for futures improvements to town-owned
properties in the Civic Area and presented this in-put to the Council in a series of public
meetings. The properties included in the study area are the Lionshead Parking and
Transportation Center, charter bus lot, Dobson Ice Arena, Lot 10, Vail Public Library, Middle
Creek Parcel, and Vail Municipal Complex.
Gennett presented the final Civic Area Plan document with a brief recap of the mast planning
process, a review of some of the final edits as recommended by the PEC, as well as a brief
overview of the criteria associated with the adoption of a master plan. Moffet moved to approve
Resolution No. 41, Series of 2019, A Resolution of the Vail Town Council Adopting the
2018/2019 Town of Vail Civic Area Plan, with the findings:
1. The 2018/2019 Civic Area Plan was developed with extensive community input and
participation by the Planning and Environmental Commission; and,
2. The 2018/2019 Civic Area Plan is consistent with the applicable elements of the Vail
Comprehensive Plan and furthers the goals and development objectives of the
community. Bruno seconded the motion and it passed (6-0).
December 17, 2019 - Page 8 of 267
Town Council Meeting Minutes November 5, 2019 Page 3
There being no further business to come before the council, Moffet moved to adjourn the
meeting; Coggin seconded the motion which passed (6-0) and the meeting adjourned at 6:20
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
________________________________
Patty McKenny, Assistant Town Manager
December 17, 2019 - Page 9 of 267
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I T E M /T O P I C : November 19, 2019 Town Council Meeting Minutes
AT TAC H ME N TS :
Description
November 19, 2019 Town Council Meeting Minutes
December 17, 2019 - Page 10 of 267
Town Council Meeting Minutes of November 19, 2019 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 19, 2019
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Members absent: Jenn Bruno
Staff members present: Scott Robson, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Recognitions
1.1. Recognition of Greg Moffet for Years of Service on Vail Town Council
Mayor Chapin thanked Moffet for his years of service on Town Council and several boards.
Moffet stated it was an honor to serve his community during both the tough and good times.
2. Citizen Participation (10 min.)
Donna Mumma, East Vail resident, encouraged council to conduct another traffic study on the
East Vail underpass prior to the development of Booth Heights. Mumma felt the East Vail
underpass was already too dangerous with the present traffic and the addition of Vail Resorts
Booth Heights development would make it worse.
Steven Connolly, Vail resident, requested the council and the citizens of Vail to move forward
and stop being divided over the Booth Heights development. Connolly also asked for council to
band plastic bags throughout Vail not just City Market and Safeway and enforce the “no idle”
ordinance.
3. Any Action as a Result of Executive Session
There were none.
4. Proclamations
4.1. Proclamation No.10, Series of 2019, Proclamation Recognizing December 10, 2019
as Eagle County Gives Day
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Approve Proclamation
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Town Council Meeting Minutes of November 19, 2019 Page 2
Each council member took turns reading the proclamation into the record. Brook Shawnee,
member of Colorado Gives, explained the funds raised on December 10 stayed in Eagle
County. Vail residents could go online to Coloradogives.org to schedule a donation to a non-
profit of their choice.
4.2. Proclamation No. 11, Series 2019, Recognizing West Vail Shell Towing
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Approve Proclamation.
Background: Police Chief Henninger suggested a proclamation to recognize West Vail Shell
Towing as great community partners in providing special TIMS training to its employees and
offering an important and very professional emergency towing service to the community.
Council took turns reading the proclamation. Council acknowledged the great job Vail Shell
does for our community. Each council member read the proclamation into the record. Richard
Dilling, owner of Vail Shell thanked council for their kind words.
5. Consent Agenda (5 min.)
5.1. October 1, 2019 Town Council Meeting Minutes
Foley made a motion to approve the October 1, 2019 meeting minutes; mason seconded the
motion passed (5-0 *Stockman recused).
5.2. October 15, 2019 Town Council Meeting Minutes
Foley made a motion to approve the October 15, 2019 meeting minutes; Coggin seconded the
motion passed (5-0 * Stockman recused).
5.3. Resolution No. 45, Series 2019, Resolution designating bank signers for the Town
of Vail with Scott Robson, Patty McKenny, Kathleen Halloran, Carlie Smith and Jacque
Lovato as the designated signers on those accounts
Foley made a motion to approve Resolution No. 45, Series of 2019; Stockmar seconded the
motion passed (6-0).
6. Town Manager Report
Robson, Town Manager, briefed council on the emergency incidents the police and fire
departments responded to over the past few weeks. He also provided an update on some
organizational meeting changes.
6.1. TOV / Vail Mountain Guest Experience Initiatives Updates (PrimaVail, Vail Apres,
Revely Vail)
Presenter(s): Mia Vlaar, Economic Development Director
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Town Council Meeting Minutes of November 19, 2019 Page 3
Vlaar shared with council that the participation and response to date for PrimaVail had been
incredible. Employees throughout Vail were beginning to speak the same language and have
the same standards throughout the Villages. Reveley Vail, an early activation initiative that
provided events and promotes early guest arrival, was in full force. Lodging bookings were up
for Thanksgiving holiday compared to last year, Vail Après bell-ringing were taking off and
events like the Gingerbread Competition were beginning to fill up.
Vlaar stated the Guest Experience Initiative were going well and town was busy.
7. Action Items
7.1. Municipal Judge Appointment
Action Requested of Council: Motion to appoint Buck Allen as Municipal Judge for Town of Vail.
Background: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge
every two years.
Stockmar made a motion to appoint Buck Allen as Town Judge for a 2-year term; Foley
seconded the motion passed (6-0). Judge Allen stated this was his 41 year as Municipal Judge
in Vail.
7.2. Ordinance No. 17, Series 2019, First reading, Ordinance providing for the levy
assessment and collection of the town property taxes due for the 2019 year and payable
in the 2020 fiscal year
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 17, Series
2019.
Background: The town is required by Colorado state law to certify the mill levy by December
15th of each year.
Staff Recommendation: Approve or approve with amendments Ordinance No. 17, Series 2019.
Smith reviewed the mill levy ordinance with Council explaining the ordinance authorized the
collection of property taxes in 2020 based upon 2019 assessed valuations of properties within
town boundaries. The property tax collected would generate $5.7 million in revenue in 2020.
Smith stated this revenue represented 8% of the town’s total revenue; which was an 11%
increase from 2019 revenues.
There was no public comment.
Langmaid made a motion to approve Ordinance No. 17, Series of 2019 upon first reading;
Mason seconded the motion passed (6-0).
7.3. Resolution No. 46, Series of 2019, A Resolution adopting the 2019 Update to the
Chamonix Master Plan and to amend the Vail Land Use Plan pursuant to Section 8-3
Amendment Process, Vail Land Use Plan, to facilitate development consistent with the
Housing (H) Zone District and setting forth details in regard thereto.
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Town Council Meeting Minutes of November 19, 2019 Page 4
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Resolution No. 46, Series of 2019.
Background: The applicant, Town of Vail, is requesting an update to the Vail Land Use Plan,
specifically the Chamonix Master Plan and the Chamonix Land Use Category. The purpose of
the amendments is to facilitate development on the future Chamonix Vail Community Parcel E.
Staff Recommendation: On October 28, 2019, the Planning and Environmental Commission
(PEC) forwarded a unanimous recommendation, for approval, an update to the Vail Land Use
Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category.
Spence reviewed the criteria with council for the amendments to the Chamonix Master Plan and
Chamonix Land Use Category.
Coggin made a motion to approve Resolution 46, Series of 2019 adopting the 2019 update to
the Chamonix Master Plan and amend the Vail Land Plan pursuant to Section 8-3 Amendment
Process, Vail Land Use Plan, to facilitate development consistent with the Housing Zone
District; Foley seconded the motion passed (6-0).
7.4. Ordinance No. 18, Series of 2019, First Reading, Ordinance to allow for the
rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of
Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H)
District and setting forth details in regard thereto
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 18, Series of 2019, upon first reading.
Background: The applicant, the Town of Vail, is proposing to rezone a portion of the West Vail
Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a
site for future development.
Staff Recommendation: On October 28, 2019, the Planning and Environmental Commission
(PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code.
Spence stated the applicant, Town of Vail, was proposing to rezone a portion of the West Vail
fire Station parcel from General Use to Housing in order to facilitate the creation of a site for
future development.
There was no public comment.
Coggin made a motion to approve Ordinance No. 18, Series of 2019 upon first reading to allow
for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of
Tract D, Vail Das Schone Filing 1 from the General Use District to the Housing District;
Stockmar seconded the motion passed (6-0).
December 17, 2019 - Page 14 of 267
Town Council Meeting Minutes of November 19, 2019 Page 5
8. Adjournment
8.1. Adjournment at 7:15 p.m. (est.)
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (6-0) and the meeting adjourned at 6:47
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
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I T E M /T O P I C : Contract for D ata Center
AT TAC H ME N TS :
Description
Date Center Memorandum
December 17, 2019 - Page 16 of 267
To: Vail Town Council
From: TJ Johnson, IT Director
Date: December 17, 2019
Subject: Authorize Construction Contract and Funding for West Vail Data Center
I. ITEM/TOPIC
Discuss and authorize the contract and funding needs for the construction portion of the
West Vail Data Center project.
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with ULF & Associates LLC to
complete the construction and remodel of Fire Station 3 in West Vail. Additionally,
authorize the transfer of needed funds from other projects to the Data Center project.
This construction is necessary to support hosting the Town’s secondary data center .
III. BACKGROUND
The need for an additional data center (DC) to better support the Town’s critical
technology infrastructure is the primary driver of this project. Numerous locations were
investigated, and ultimately Fire Station 3 in West Vail was identified as the best
location available to house these functions. Late last winter, it was determined that the
data center would have to be located on the first floor. As such, the project expanded to
include the re-purposing of some upstairs and downstairs areas in order to meet
operational needs for both the Fire department and Information Technology.
In July, Lewan Technology was awarded the contract to handle the data center specific
portions of this project. Progress on that front has been good, with all necessary items
for the data center having been purchased, shipped, and received. This includes the
containment system, the racks to house the IT equipment, the cooling system, and the
electrical system. All of this equipment is currently being stored in Eagle County, and
once the data center room is ready, it will be installed at Fire Station 3.
The construction portion of the project includes the remodel of the upstairs area of Fire
Station 3, the implementation of additional mechanical and electrical equipment which is
necessary to support the data center, the construction of a generator enclosure and
generator (re-purposed from the Municipal building) to support the additional power
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Town of Vail Page 2
needs in the event of a power outage, and the demolition/rebuild of the downsta irs area
where the data center room will be located.
A targeted RFP process was pursued with different vendors in the area. During this
process, it became evident that the electrical, mechanical, and fire suppression costs
were all coming in at a higher cost than anticipated. We reviewed our specifications to
ensure they were accurate, and determined that they were absolutely necessary to
support the needs of Fire Station 3 and the Data Center. As such, these increased cost
areas have caused the project to exceed the planned budget by approximately
$225,000. Fortunately, there are other Capital projects that have come in under budget.
In order to continue moving forward with this project, we are planning to transfer funds
from these other projects to cover the shortfall we have on the Data Center.
Specifically, we’ll move $225,000 from the Public Works Capital Street Maintenance
budget. And of course, we are recommending that the project be awarded to the lowest
bidder, ULF & Associates LLC.
V. STAFF RECOMMENDATION
• Authorize the transfer of funds from Capital Street Maintenance to support the
higher construction costs for the West Vail Data Center.
• Authorize the Town Manager to enter into an agreement with ULF & Associates
LLC in a form approved by the Town attorney to complete the remodel and data
center room construction at Fire Station 3 for an amount not to exceed
$791,396.00.
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I T E M /T O P I C : Resolution No. 47, Series of 2019, A Resolution A ccepting a Donation of Real
P roperty (E ast Vail parcel 2101-123-00-006).
AT TAC H ME N TS :
Description
Resolution No. 47, Series of 2019 Memorandum
Resolution No. 47, Series of 2019
Property Map
Quit Claim Deed
December 17, 2019 - Page 19 of 267
To: Vail Town Council
From: Kristen Bertuglia, Environmental Sustainability Department
Date: December 17, 2019
Subject: Resolution No. 47, Series of 2019, A Resolution Accepting a Donation of Real Property
(East Vail parcel 2101-123-00-006).
I. PURPOSE
The purpose of this memorandum is to provide supporting information for Resolution No. 47,
Series of 2019 for the acceptance of real property in East Vail.
II. BACKGROUND
The owner, Cara Beutel of Houston, TX wishes to donate to the Town of Vail, a 48.13 acre
parcel located in East Vail on the south side of Bighorn Rd., off Willow Way. The donation will
only be completed if the appraised value of the property is deemed to be sufficient by the
property owner in their sole discretion.
Property Details:
• Purchased for $55,000 in 1979 from James and Nancy Reinecke.
• The entire property is currently zoned Agricultural and Open Space
• Included in the Open Lands Plan:
o Action Item #21 Purpose - Protect environmentally sensitive land from
development. Action – Acquire parcel or work with land owner on conservation
Easement.
• Legal access could be provided from adjacent Town owned property. Area residents
have used the property for trail loops for years, according to an adjacent property
owner. A developer was attempting to gain access and build on parcel within the last
year.
• The property is appropriate and meets the criteria for Designated Open Space, which is
as follows:
The parcel must be owned by the Town of Vail and zoned Natural Area
Preservation, Outdoor Recreation or Agriculture Open Space and be:
Environmentally Sensitive Lands (wetlands, riparian areas, critical habitat
identified by the Division of Wildlife or the Natural Heritage Program;
December 17, 2019 - Page 20 of 267
Town of Vail Page 2
High Hazards area including the 100 year flood plain, red avalanche
hazards area, high rock fall hazard area and high debris flow hazard area;
or
Town of Vail parks that provide passive outdoor recreational
opportunities.
III. NEXT STEPS
Once the property owner completes an appraisal of the property, provided they are satisfied
with the results, complete the donation and transfer of ownership, and convene the Designated
Open Space Committee to recommend a rezoning of the property pursuant to Section 13.11 of
the Town Charter.
IV. ACTION REQUESTED
Staff requests the Vail Town Council approve, approve with modifications, or deny Resolution
No. 47, Series of 2019.
V. EXHIBITS
A.) Resolution No. 47, Series of 2019
B.) Quit Claim Deed
C.) Area Map
December 17, 2019 - Page 21 of 267
RESOLUTION NO. 47
Series of 2019
A RESOLUTION ACCEPTING A DONATION OF REAL PROPERTY
WHEREAS, Cara Barer (“Grantor”) is the owner of real property in the Town of Vail
legally described in the deed attached hereto as Exhibit A, and also known as also known by
assessor’s parcel number 2101-123-00-006 (the “Property”); and
WHEREAS, Grantor wishes to donate the Property to the Town of Vail and the Town
wishes to accept said donation.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby accept the donation of the Property and approves
the transfer in substantially the same form as attached hereto as Exhibit A and in a form approved
by the Town Attorney.
Section 2. The Town understands and agrees that Grantor will only proceed with the
transfer of the Property if the appraised value of the Property is deemed to be sufficient by Grantor
in Grantor’s sole discretion.
Section 3. The Town agrees that upon acceptance of the transfer, the Town will pursue
the dedication of the Property as Designated Open Space, pursuant to Section 13.11 of the Town
Charter.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 3rd day of December 2019.
_________________________
Dave Chapin,
Town Mayor
ATTEST:
_____________________________
Tammy Nagel,
Town Clerk
December 17, 2019 - Page 22 of 267
December 17, 2019 - Page 23 of 267
QUITCLAIM DEED
THIS DEED is dated this ____ day of _____________________, 2019, and is made between Cara Barer,
formerly known as Cara Beutel, the “Grantor”, of the Town of Vail, County of Eagle and State of Colorado, and the
Town of Vail, a municipal corporation and political subdivision duly organized and existing under and by virtue of
the laws of the State of Colorado, the “Grantee”, whose legal address is 75 S. Frontage Road,
Vail, Colorado 81657 of the County of Eagle and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of TEN & 00/100 DOLLARS, ($10) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise,
release, sell and QUITCLAIM unto the Grantee, and the Grantee’s heirs and assigns, forever, all the right, title,
interest, claim and demand which the Grantor has in and to the real property, together with any improvements
thereon, located in the Town of Vail, County of Eagle and State of Colorado, to wit:
See attached Exhibit “A”
also known by assessor’s parcel number 2101-123-00-006.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and the
Grantee’s heirs and assigns, forever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
STATE OF COLORADO )
) ss.
County of )
The foregoing instrument was acknowledged before me this day of , 2019, by
Cara Beutel.
Witness my hand and official seal.
My commission expires:
Notary Public
December 17, 2019 - Page 24 of 267
Exhibit “A”
Except that portion described as follows:
December 17, 2019 - Page 25 of 267
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 48, Series 2019 - East Vail I -70 I nterchange Pedestrian P ath
Grant Application
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove Resolution No. 48, S eries 2019
AT TAC H ME N TS :
Description
Memo
Resolution 48 Series 2019
Application
December 17, 2019 - Page 26 of 267
To: Town Council
From: Public Works Department
Date: 12-17-19
Subject: Resolution No. 48 Series 2019 – East Vail I-70 Interchange Pedestrian Path
I. SUMMARY
Resolution No. 26 Series 2019 provides necessary support for a CDOT Transportation
Alternatives Program (TAP) grant application for the East Vail I-70 Interchange
Pedestrian Path Project. The TAP grant is an 80/20 match funding grant. If the Town is
successful in receiving the grant the Town will be required to fund 20% of the estimated
$850,000 project cost, or a total of $170,000. This funding is currently well within the
2020 budgeted amount for this project.
The purpose of the proposed East Vail I-70 Interchange Pedestrian Path Project is to
provide a safe pedestrian path through the East Vail I-70 MM180 interchange. The
project will provide a much-needed pedestrian connection through the underpass
providing accommodations for pedestrians accessing the Gore Valley Trail, the East
Vail park and ride, the East Vail bus stop, the Pitkin Creek Trail, the Vail Mountain
School and the Booth Creek Trail.
II. ATTACHMENTS
Resolution No. 48 Series 2019
TAP Grant Application
December 17, 2019 - Page 27 of 267
Resolution No. 48, Series of 2019
RESOLUTION NO. 48
Series of 2019
A RESOLUTION IN SUPPORT OF THE TRANSPORTATION ALTERNATIVES
PROGRAM GRANT FOR THE EAST VAIL I-70 INTERCHANGE PEDESTRAIN
PATH PROJECT; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State
of Colorado is a home rule municipal corporation duly organized and existing
under the laws of the State of Colorado and the Town Charter (the "Charter'');
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified;
WHEREAS, the Town is in full support of the Transportation Alternative
Program (TAP) grant application for the East Vail I-70 Interchange Pedestrian path
Project;
WHEREAS, The Town has budgeted for and hereby authorizes the
expenditure of funds as necessary to meet the terms and obligations of the TAP grant
application;
WHEREAS, the Council’s approval of Resolution No. 4 8, Series 2019, is
required to for the application submittal of the TAP grant.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves and supports the application
for the Transportation Alternative Program grant.
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 17 th day of December, 2019.
Dave Chapin
Town Mayor
ATTEST:
Tammy Nagel
Town Clerk
December 17, 2019 - Page 28 of 267
Application Form
TRANSPORTATION ALTERNATIVES PROGRAM APPLICATION
Colorado Department of Transportation
Please type or print legibly
APPLICANT INFORMATION
1. ELIGIBLE APPLICANT AGENCY – indicate ONE
Municipality County State Agency Federal Agency Other_______________
2. AGENCY NAME 3. ADDITIONAL SPONSORS OR CO-
SPONSORS
4. CONTACT PERSON TITLE PHONE
5. AGENCY MAILING ADDRESS CITY STATE ZIP
PROJECT DESCRIPTION
6. PROJECT NAME
7. PROJECT LOCATION/ADDRESS 8. PROJECT PHYSICAL LIMITS (mileposts, intersecting
roadways, rivers, other geographic features)
9. COUNTY 10. MUNICIPALITY 11. PROJECT LENGTH GLVWDQFH
if applicable
12. 1-2 SENTENCE DESCRIPTION OF PROJECT
ELIGIBILITY
13. PROJECT CATEGORY – check all that apply
PEDESTRIAN & BICYCLE/ NON-MOTORIZED
TRANSPORTATION
Bicycle & pedestrian / Non-Motorized transportation
facilities
Infrastructure related projects to provide safe routes for
non-drivers
Conversion of abandoned railway corridors to trails
ENVIRONMENTAL MITIGATION
Mitigation of water pollution due to highway runoff
Reduction of vehicle-caused wildlife mortality
Vegetation management practices
Archaeological activities relating to impacts from a
transportation project
Clear Form
Town of Vail
Tom Kassmel Town Engineer 970-479-2235
1309 Elkhorn Drive Vail CO 81631
East Vail I-70 Interchange Pedestrian Path Project
I-70 MM 180- East Vail Underpass Interchange
I-70 MM 180
Eagle Vail 950 LF
Add a pedestrian walk from the North Frontage Road, through the I-70 MM 180 interchange and underpass, to a connection point
with the Gore Valley Trail along Bighorn Road.
■
■
■
December 17, 2019 - Page 29 of 267
HISTORIC / SCENIC TRANSPORTATION ACTIVITIES
Construction of turnouts, overlooks, and viewing areas
Control and/ or removal of outdoor advertising
Historic preservation and rehabilitation of transportation facilities
PLAN INTEGRATION
Is your project defined in a regional plan?Y N If yes, please identify the plan:
Is your project defined in a local plan?Y N If yes, please identify the plan:
FUNDING
PROJECT COST FY21 FY22 FY23 TOTAL ($)
16. FEDERAL TAP FUNDS
REQUESTED
17. LOCAL MATCH FUNDS
18. OTHER FUNDING SECURED*
19. TOTAL PROJECT COST
*Please list all other funding sources.
PREVIOUS TAP FUNDS AWARDED
20. Has your agency previously received a TAP award?Y(6 N2 (6HOHFW One)
If <(6, please provide details and indicate if the project is completed or still in progress:
REQUIRED INFORMATION
21. REQUIRED ATTACHMENTS – please label attachments accordingly
Attachment A – Description of proposed project
Attachment B – Maps, plans and photographs
Attachment C – Evidence of eligibility by project category
Attachment D – Benefits of proposed project
Attachment E – Environmental Review
Attachment F – Cost estimate and project implementation schedule signed by CDOT
Attachment G – Proposed maintenance plans, agreements, covenants
Attachment H – Resolutions of community financial support and letters of approval
Attachment I – Right-of-way or legal property description
■
Vail Transportation Master Plan
$ 680,000 $ 680,000
$ 170,000 $ 170,000
$0
$0
$0
$0
$ 850,000 $ 0 $ 0 $ 850,000
■
I-70 MM180 East Vail Interchange Water Quality Improvements (Complete 2018)
■
■
■
■
■
■
■
■
■
■
December 17, 2019 - Page 30 of 267
December 17, 2019 - Page 31 of 267
Attachment A
Description of Proposed Project
The purpose of the proposed East Vail I-70 Interchange Pedestrian Path Project is to
provide a safe pedestrian path through the East Vail I-70 MM180 interchange.
Currently this I-70 interchange does not have any pedestrian accommodations and it is
dangerous for pedestrians to walk through the underpass and across the interstate on
and off ramps. The project will provide a much needed pedestrian connection through
the underpass providing accommodations for pedestrians accessing the Gore Valley
Trail, the East Vail park and ride, the East Vail bus stop, the Pitkin Creek Trail, the Vail
Mountain School and the Booth Creek Trail. A safe pedestrian connection in this area
has been identified in the Vail Transportation Master plan (2009).
December 17, 2019 - Page 32 of 267
Attachment B
Maps, plans and Photographs
December 17, 2019 - Page 33 of 267
Booth Creek Trailhead Vail Mtn School Gore Creek & Gore Valley Trail Pitkin Creek Trailhead Park n Ride Bus Stop Proposed Pedestrian Path December 17, 2019 - Page 34 of 267
S
S
Legend
Existing Tree
Gore Creek
Big Horn Road
Fall Line Drive
70
Existing Wetland
Eagle Vall
e
y
R
e
g
i
o
n
a
l
T
r
a
i
l
0
N
25 50 100
Bike Trail
Check Dams
I-70 Frontage Road
Existing Boulders
Existing Inlet
Parking
Existing Signage
Proposed Seeding
Proposed Wall
Proposed Enhanced Native
Planting
Proposed Tree
11
1 1
3
4
1 Preserve Existing Trees
2 Enhanced Topography / High Altitude Grass Mix
3 Potential Future Parking
4 Wetland Polishing Area
5 Enhanced Planting
6 Focal Landscape Area
7 Re-Aligned Trail
2 2
22
Proposed Sump Inlet
Proposed Sediment Vault
Existing Storm Sewer Proposed Storm Sewer
Proposed Stone Paver Apron
Existing Storm Sewer
to be abandoned
70
Proposed Stone Armoring
Proposed Perennial Beds
Proposed Sod
Proposed Wetland
11
55
5
5
6
6 6
6 6
6 6
77
Exit 180 Landscape Concept Plan
I-70 E Vail Landscape and Water Quality Improvements
January 23, 2017
December 17, 2019 - Page 35 of 267
December 17, 2019 - Page 36 of 267
Attachment C
Evidence of eligibility by project category
The proposed project meets the requirements for Project Category 1: Pedestrian and
Bicycle/Non-motored Transportation. As documented in the project description.
For additional evidence please see Attachments A, B, & D
December 17, 2019 - Page 37 of 267
Attachment D
Benefits of proposed project
Community wide benefits will be gained with this high profile joint CDOT/Vail project by
enhancing pedestrian safety and showcasing CDOT and the Town of Vail’s commitment
to improving pedestrian/non-motorized transportation. This program will provide benefits
to residents and guests who travel beneath the East Vail interchange. While the project
focuses on the geographic areas in and around East Vail, pedestrian improvements
realized in this area are likely to provide significant indirect economic benefits to
residents in surrounding communities because Vail is the main driver of the tourism-
based economy, which brings 2.2 million visitors to Eagle County each year to enjoy a
variety of winter and summer-time activities. Providing this pedestrian path within this
highly used recreation corridor will provide a safe alternative to walking or biking in the
travel lanes beneath the interstate at the East Vail interchange.
December 17, 2019 - Page 38 of 267
Attachment E
Environmental Review
The most current environmental review for this area occurred with the 2018 East Vail
Interchange Water Quality Improvements Project. The environmental review occurred
for the same area and was processed as a Categorical Exclusion under NEPA. This
project is located in habitat for the federally listed Canada Lynx and in a historically
significant section of Interstate 70. New disturbance would require review for
archaeological, paleontological and wetland resources. We assume CDOT will assist
with the environmental compliance process for the project as they did with the
Interchange Water Quality Project. However we do expect this project to also be
processed as a Categorical Exclusion and will not cause inordinate delays to the
project.
December 17, 2019 - Page 39 of 267
Attachment F
Budget and Implementation Schedule
The East Vail I-70 Interchange Pedestrian Path Project budget and schedule is as
follows;
Task Description Estimated Cost Schedule
Planning & Design $ 70,000 July 2020 – April 2021
Construction $ 750,000 May 2021 – Nov. 2021
Construction Management $ 30,000 May 2021 – Nov. 2021
Total $ 850,000
December 17, 2019 - Page 40 of 267
Attachment G
Proposed maintenance plans, agreements, covenants
All of the improvements are within the I-70 right of way but will be maintained by the
Town of Vail Public Works department.
December 17, 2019 - Page 41 of 267
Attachment H
Resolutions of support and letters of approval
Resolution of financial commitment scheduled to be adopted December 17th, 2019
December 17, 2019 - Page 42 of 267
Attachment I
Right of Way or legal property description
The proposed project lies completely within the I-70 Interstate Right of Way.
December 17, 2019 - Page 43 of 267
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 49, Series of 2019 Release of Solar Vail D eed Restrictions
Replaced by New R estriction
AT TAC H ME N TS :
Description
Resolution No. 49, Series of 2019
December 17, 2019 - Page 44 of 267
Resolution No. 49, Series of 2019
RESOLUTION NO. 49
SERIES OF 2019
A RESOLUTION AUTHORIZING THE RELEASE OF ELEVEN (11) EMPLOYEE
HOUSING UNIT RESTRICTIVE COVENANTS WITHIN THE TOWN OF VAIL
WHEREAS, Sonnenalp Properties, Inc. (“Owner”) is the owner of that certain
property located within the Town of Vail, Eagle County, Colorado, with a physical address
of 501 North Frontage Road West, Vail, Colorado 81657 (the “Property”);
WHEREAS, restrictive covenants were recorded against the Property for the sole
purpose of creating employee housing units within the Town as provided in Chapter 12-
13, Vail Town Code; and
WHEREAS, the Town Council and the Owner have mutually agreed to release
the restrictive covenants recorded against the Property; the restrictive covenants
authorized for release include the following: Unit 23, Recorded October 26, 1992,
Reception No. 488469, Book 592, Page 372; Unit 24, Recorded October 26, 1992,
Reception No. 488469, Book 592, Page 372; Unit 11, Type III Recorded October 15,
1998, Reception No. 672676; Unit 12, Type III Recorded October 15, 1998,
Reception No. 672677; Unit 13, Type III Recorded October 15, 1998, Reception No.
672678; Unit 14, Type III Recorded October 15, 1998, Reception No. 672680; Unit
15, Type III Recorded October 15, 1998, Reception No. 672679; Unit 16, Type III
Recorded October 15, 1998, Reception No. 672675; Unit 25, 26 and 27, Type V
Recorded March 31, 2004, Reception No. 872489 (the “Covenants”).
NOW THEREFORE, BE IT RESOLVED BY THE VAIL LOCAL HOUSING
AUTHORITY THAT:
Section 1. The Town Council hereby authorizes the Town Manager to take the
actions necessary to release the Covenants in a form approved by the Town
Attorney.
Section 2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of December,
2019.
________________________________
Dave Chapin, Mayor
Town of Vail
_________________________________
Tammy Nagel
Town Clerk
December 17, 2019 - Page 45 of 267
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 50, Series of 2019, A Resolution A pproving an A mended
Operating P lan and Budget of the Vail L ocal Marketing District for its F iscal Year J anuary 1, 2019
T hrough December 31, 2019
AT TAC H ME N TS :
Description
V L MD 3rd S upp
December 17, 2019 - Page 46 of 267
To: Town Council
From: Vail Local Marketing District
Date: December 17, 2019
Subject: Vail Local Marketing District Website Domain Recommendation
I. BACKGROUND
Beginning in early September 2019, Cactus at the direction of the Vail Local Marketing
District Advisory Council (VLMDAC) initiated a website domain / URL search. This URL
will serve as the online address for the town's tourism destination website. As a visible
expression of Vail tourism, the VLMDAC board believes the following criteria are worthy
of consideration in choice of a URL:
•Includes Vail
•Travel related
•Season agnostic
•Extension of .com versus other extension
•No more than two words
•Is fitting with the Vail brand
•Includes a call to action
•Is something the community can support
After investigating a wide range of options, the VLMDAC recommends the town
purchase DiscoverVail.com. This URL meets all of the outlined criteria above.
II.BUDGET DETAIL
The Vail Local Marketing District Advisory Council, is requesting to supplement $45,000
as a placeholder to purchase the DiscoverVail.com domain name. If 2019 savings are
sufficient to cover the amount, then the VLMDAC will use savings for the purchase. The
2019 amended fund balance is projected to be $917,453, or 26% of annual revenues
and within Council’s 25% directive of annual revenues.
December 17, 2019 - Page 47 of 267
2019
Budget
1st
Supplemental
2019
Amended
Budget
2nd
Supplemental
2019
Amended
Budget
3rd
Supplemental
2019
Amended
Budget
Income
Lodging Tax 3,300,000 200,000 3,500,000 3,500,000 3,500,000
Interest Income 2,000 2,000 2,000 2,000
Total Income 3,302,000 200,000 3,502,000 - 3,502,000 - 3,502,000
Expense
Destination 1,121,000 149,500 1,270,500 1,270,500 1,270,500
International 185,000 185,000 185,000 185,000
Front Range 190,000 81,500 271,500 271,500 271,500
Groups and Meetings 680,738 680,738 680,738 680,738
Public Relations Expenses 75,500 9,500 85,000 85,000 85,000
Content/Influencer Strategy 60,000 9,500 69,500 69,500 69,500
Photography / Video 124,100 20,000 144,100 144,100 144,100
Research 117,578 30,000 147,578 147,578 147,578
Web Site 53,000 53,000 53,000 53,000
Admin Miscellaneous 8,000 8,000 8,000 8,000
Email Marketing 5,850 5,850 5,850 5,850
Branding 77,200 77,200 77,200 77,200
Professional Fees
Database Warehousing and Research - 302,000 302,000 45,000 347,000
Vail App 16,034 16,034 16,034 16,034
Legal and Accounting 25,000 25,000 25,000 25,000
Contingency 44,000 44,000 44,000 44,000
Advertising 32,200 51,000 83,200 83,200 83,200
Advertising Agent Fees 60,300 60,300 60,300 60,300
Marketing Coordination-TOV 91,000 91,000 91,000 91,000
Marketing Coordination-VVP 40,000 40,000 40,000 40,000
Professional Fees - MYPR 112,500 5,000 117,500 117,500 117,500
Ft Range Promotion Fees - - -
Total Professional Fees 377,034 100,000 477,034 302,000 779,034 45,000 824,034
Special Event Funding
Special Event Funding 200,000 (200,000) - 8,000 8,000 8,000
Event Liaison 25,000 25,000 25,000 25,000
Total Special Events 225,000 (200,000) 25,000 8,000 33,000 - 33,000
Total Expense 3,300,000 200,000 3,500,000 310,000 3,810,000 45,000 3,855,000
Revenue over (Under) Expenditures 2,000 -2,000 (310,000) (308,000) (45,000) (353,000)
Beginning Fund Balance 862,297 408,156 1,270,453 1,270,453 1,270,453
Ending Fund Balance 864,297 1,272,453 962,453 917,453
Fund Balance (25% required) 26%36%27%26%
VAIL LOCAL MARKETING DISTRICT 2019 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
4
December 17, 2019 - Page 48 of 267
Resolution No. 50, Series of 2019
RESOLUTION NO. 50
SERIES OF 2019
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2019 THROUGH DECEMBER 31, 2019
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2019, and
ending on the 31st day of December, 2019.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 17th day of December, 2019.
___________________________________
Dave Chapin, Town Mayor
Attested:
_________________________
Tammy Nagel, Town Clerk
December 17, 2019 - Page 49 of 267
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 : W ildlife Mitigation Update (Verbal Update)
P RE S E NT E R(S ): Scott R obson, Town Manager
AT TAC H ME N TS :
Description
Bighorn Sheep Habitat
December 17, 2019 - Page 50 of 267
TOWN Of VAIL '
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
DRAFT
Town ManagJr•s Office
9701.479.2106
970.47r-2157 fax
Bighorn Sheep Habitat Improvement Working Group
January 2020
Goal: To achieve consensus across multiple governmental agencies on the course of action
necessary to address critical habitat improvements for the East Vail big horn sheep herd on
both Town of Vail land and USFS land. Plans will include both short & long-range efforts ,
timelines, cost estimates , potential funding sources and the identification of additional partnerj
needed including elected officials at the State and Federal levels.
Proposed Members:
Town of Vail
• Scott Robson, Town Manager
• Kristen Bertuglia, Environmental Sustainability Director
• Mark Novak , Fire Chief
• Kim Langmaid, Town Council
• Town Council
State of Colorado Division of Wildlife
• Devin Duval , District Wildlife Manager
• Matt Yamashita , Area Wildlife Manager
United States Forest Service
• Scott Fitzwilliams, White River National Forest Supervisor
• Adam Bianchi , Acting District Ranger
Independent Wildlife Biologist (action plan author)
• Rick Kahn , Gene Byrne or Melanie Woolever
Meeting Schedule: Every two-weeks through winter 2020 then monthly thereafter. Meetings
would include Working Group members only with monthly updates to Town Council and the
public to solicit input.
Work to Date: Mechanical thinning of mountain shrub community on -30 acres Town of Vail
land, opening of game trails , slash piling. Burn permit obtained for units 1-3 in 2019, unable to
burn as conditions were not appropriate (sheep present , budding shrubs). The Town will attempt
to burn this season if conditions are right and sheep not occupying Town land.
December 17, 2019 - Page 51 of 267
Approach to Scope of Work: The Working Group along with consulting biologists will
complete a project proposal appropriate for a National Environmental Policy Act (NEPA) review
by the USFS. The proposal will include Alternative actions dependent upon the approval of the
USFS .
SAMPLE
I. Habitat Improvement
Town of Vail Owned Land -Treatment schedule and activity (e.g. 30% of shrub community
either burned or cut)
• Alt 1 -Greater burn project
• Alt 2-Hand thinning -mechanized
• Alt 3 -Over Seeding
• Alt 4-Fertilization (hand or aircraft)
• Treatment of Cheat Grass (noxious weed)
USFS Wilderness
• No Action
• Alt 1 -Greater burn project
• Alt 2-Hand thinning , non-mechanized
• Alt 3 -Over Seeding
USFS Non-Wilderness
• No Action
• Alt 1 -Greater burn project
• Alt 2-Hand thinning, -mechanized
• Alt 3 -Over Seeding
• Alt 4-Fertilization (hand or aircraft)
II. Research Study (Sheep collaring project-see attached draft detail)
Determine viability/necessity/priority for the long-term health of the sheep to undertake a
collar study
Ill. Education and Outreach
Implement Trail closures on town land (winter 2019-20). Implement camera trap project to
build awareness , educational support for long term engagement with and protection of the
Vail bighorn sheep herd . Further discuss with the USFS the closures of Booth and Pitkin
Creek Trails .
Town of Vail Page 2
December 17, 2019 - Page 52 of 267
Legend I I Completed Treatment (28.7 acres) N =~~_!0.35 W+E Miles s c:J Town Owned Parcel 0 0.175 December 17, 2019 - Page 53 of 267
c:J 2019 Spring Mechanical Unit (25 Acres) c:J Town Owned Parcel N Burn Units D Unit 1-2.7 Acres D Unit 2-3.9 Acres D Unit 3-17.3Acres W+E 0.3 -----------Miles 0 0.15 s December 17, 2019 - Page 54 of 267
Budget estimates for 544 collars 2020-2023 N collars= 24 Supplies/Equipment cost/item N items cost Subtotals Year 1 Year 2 Year 3 Large mammal GPS radio collars (e.g., Vectronics Survey collar w/ colored belt, cotton breakaway, label plate; 2018 pricing estimate $770/collar $ 770.00 24 $ 18,480.00 $ 18,480.00 Radio+ Timer Dropoff $ 480.00 24 $ 11,520.00 $ 11,520.00 Apple pommace $ 100.00 3 $ 300.00 $ 100.00 $ 100.00 $ 100.00 Feed pellets ($600/yr * 3 years) $ 600.00 3 $ 1,800.00 $ 600.00 $ 600.00 $ 600.00 Immobilization drugs (NAM full-bottles at $365/bottle, 8 animals's worth of drug (plus missed darts) per bottle) $ 365.00 6 $ 2,190.00 $ 1,564.29 $ 312.86 $ 312.86 Pregancy testing $ 20.00 20 $ 400.00 $ 285.71 $ 57.14 $ 57.14 Subtotal $ 34,690.00 $ 32,550.00 $ 1,070.00 $ 1,070.00 Collar Data Fees cost/item N items cost Subtotals Year 1 Year 2 Year 3 Collar Activation Fees, $40/collar $ 40.00 40 $ 960.00 $ 960.00 Subscription Fees, (based on 36 months), $32/ collar /yr $ 100.00 100 $ 2,400.00 $ 800.00 $ 800.00 $ 800.00 Location Fees (based on 2 locations/ day I 36 months), $127 /collar $ 381.00 381 $ 9,144.00 $ 3,048.00 $ 3,048.00 $ 3,048.00 Subtotal $ 12,504.00 $ 4,808.00 $ 3,848.00 $ 3,848.00 Misc. fees cost/item cost/item cost Subtotals Year 1 Year 2 Year 3 Collar refurbishments, equipment repairs, shipping, customs fees, etc. (assume 5% of project costs) $ 2,359.70 $ 2,360 $ 1,415.82 $ 471.94 $ 471.94 TOTAL Funding request source Approved or Pending? I Amount IYeocl ly"' 2 ly"' 3 I December 17, 2019 - Page 55 of 267
Scott Robson
From:
Sent:
To:
Kri sten Be rtu gl ia
Monday, December 16 , 20 19 5:48 PM
Scott Robso n
Subject: FW : Cost Calculat ions -Co ll ars
S-2Gore-E ag lesNest_2019 _CollarBudget.xl sx ; A TT00001 .htm Attachments:
Begin forwarded message :
From: "Duval -DNR, Devin " <devin.duval@state .co .us>
Date: December 12 , 2019 at 8 :51 :31 PM MST
To: Kristen Bertuglia <KBertuglia@vailgov.com>
Subject: Cost Calculations -Collars
Hi Kristen,
In speaking with Julie, the attached spreadsheet should be fairly accurate for estimates on pricing for
collars .
In an ideal situation, I would like 5 collars on rams {~30% of the ram band) and 10 collars on ewes {~25 %
of ewe band). There are a lot of logistical considerations for baiting, darting/trapping in order to get
collars on. Some considerations when/if we go before Town Council are:
• Capture related mortalities
• Frontage road -traffic control/closure of roads .
• Press/spectator issues .
• Clover traps -tampering and optics of having sheep trapped overnight etc.
• Ti ming (collar construction takes a while, collars should go on a minimum of 30-45 days prior to
lambing season (June -ish) -we don't want unnecessary stress prior to lambing, we still want the
sheep on winter range for accessibility reasons though).
• Follow on funding for the entire study {3+ years). Can we count on future funding?
Side note : Budget should add an add itional $2000 for some telemetry equipment and antennas . But
ballpark figure for collars should be around $35,000 .
Devin Duval
District Wildlife Manager
~ AuvEUFE ~ WOUTSIDE
c 970 .930 .52 64
008 8 Wildlife Way, Glenwood Springs, CO 81601
devin .d uval@state .co .us I cpw.state.co .us
1
December 17, 2019 - Page 56 of 267
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 : W if i D ata Update
P RE S E NT E R(S ): T J J ohnson, I T Director and Mia V laar, Economic D evelopment Director
B AC K G RO UND: T he Town of Vail will be moving to gated access to the f ree Vail W iFi in late
December. Gated access is a common practice in locations where free W iF i is of f ered. T he gated
access requires a f irst and last name and email address before accessing W iF i. T he change was
requested by the Vail L ocal Marketing D istrict A divisory C ouncil as a key component to support the
Web and Data initiative. T he goal is to begin to capture guest contact information in order to
support building our guest database and to improve our ability to communicate directly with our
constituents.
December 17, 2019 - Page 57 of 267
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 : Review of S olicitation F lyer
P RE S E NT E R(S ): Scott R obson, Town Manager
AT TAC H ME N TS :
Description
Solicitation Memo
December 17, 2019 - Page 58 of 267
Enjoy our community-inspired hospitality from our locally-owned
shopkeepers and restauranteurs. We want to ensure that your
shopping and dining experience in Vail is world class. If you
encounter solicitations from businesses or individuals that make
you feel uncomfortable or unsafe, please report those occurrences
to Vail Police by calling 970.479.2200.
970.479.2200 | vailgov.com
A public service message from the Vail Police Department
and the Colorado Consumer Protection Agency.
Please remember that it is within your right to decline
any solicitation and simply walk away. You need not
engage with solicitors unless it is your desire to do so!
WELCOME TO VAIL!
December 17, 2019 - Page 59 of 267
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 : West Vail Master P lan Review Goals
P RE S E NT E R(S ): Matt Gennett, Director of Community D evelopment
AC T IO N RE Q UE S T E D O F C O UNC IL : S taf f asks C ouncil to review the presentation and
provide requested direction.
B AC K G RO UND:
F ollowing up from the West Vail Master P lan introductory presentation to Council on November 19,
2019 staff is seeking Council confirmation of the proposed master plan goals f or incorporation into
an R F P for consulting services.
T he Vail Town C ouncil Action Plan 2018-20 identif ies the creation and adoption of a new West Vail
Master Plan as a Town C ouncil priority in the Community Element section of that document.
AT TAC H ME N TS :
Description
Staff Memor andum
Presentation
December 17, 2019 - Page 60 of 267
To: Vail Town Council
From: Matt Gennett, Community Development Director
Date: December 17, 2019
Subject: West Vail Master Plan – Goals and Purpose Statement
I. INTRODUCTION
Following up from the West Vail Master Plan introductory presentation to Council on
November 19, 2019 staff is seeking Council confirmation of the proposed master plan goals
for incorporation into an RFP for consulting services. The Vail Town Council Action Plan
2018-20 identifies the creation and adoption of a new West Vail Master Plan as a Town
Council priority in the Community Element section of that document.
II. BACKGROUND
In 2005-2006, the Town undertook a master planning project for a subarea in West Vail
that included only the properties zoned Commercial Core III (CC3) and Community
Commercial land use plan designation in its defined study area. The previous effort did not
result in an adopted plan. Following the November 19 Council work session staff has
redrafted the suggested master plan goals for consideration by Council.
III. MASTER PLAN GOALS
• Thoroughly engage the community to understand their ideas, goals and opinions
for West Vail
• Establish a framework for implementation of environmentally sustainable best
practices for future development
• Identify opportunities to better utilize land in West Vail including options for future
housing sites
• Foster economic development and create a more vibrant, aesthetically enhanced
residential and commercial area to meet community expectations
ACTION REQUESTED BY COUNCIL
Staff asks Council to review the presentation and provide requested direction.
Attachment:
A. Staff presentation
December 17, 2019 - Page 61 of 267
Matt GennettCommunity Development DirectorTown Council – December 17, 2019West Vail Master PlanDecember 17, 2019 - Page 62 of 267
WEST VAIL MASTER PLAN GOALS• Thoroughly engage the community to understand their ideas, goals and opinions for West VailTown of Vail | West Vail Master Plan | vailgov.com• Establish a framework for implementation of environmentally sustainable best practices for future development• Identify opportunities to better utilize land in West Vail including options for future housing sites• Foster economic development and create a more vibrant, aesthetically enhanced residential and commercial area to meet community expectations December 17, 2019 - Page 63 of 267
PURPOSE STATEMENTThe purpose of the West Vail Master Plan is to create a community-driven blue print for environmentally and economically sustainable land use, zoning and development decisions in the West Vail Neighborhood.Town of Vail | West Vail Master Plan| vailgov.comDecember 17, 2019 - Page 64 of 267
STUDY AREATown of Vail | West Vail Master Plan| vailgov.comTown of Vail | West Vail Master Plan | vailgov.comDecember 17, 2019 - Page 65 of 267
Thank youDecember 17, 2019 - Page 66 of 267
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 : O rdinance No. 15, S eries of 2019, F irst R eading, A n O rdinance A mending
S ection 12-2-2 of the Vail Town Code to C larif y Certain Def initions, and A mending S ection 12-2-1
of the Vail Town C ode to D elete D uplicative Def initions
P RE S E NT E R(S ): Erik Gates, Planner
AC T IO N RE Q UE S T E D O F C O UNC IL : T he Vail Town C ouncil shall approve, approve with
modif ications, or deny Ordinance No. 15, S eries of 2019, upon first reading.
B AC K G RO UND: T he applicant, the Town of Vail, is proposing numerous changes to S ections
12-2-2, Definitions of Words and Terms, and Section 14-2-1, Definitions of Words and Terms, Vail
Town Code, in order to clarify existing term def initions and to maintain a consistency of definitions
between Title 12 and Title 14 within the Town C ode.
S TAF F RE C O M M E ND AT I O N: The P lanning and E nvironmental Commission recommended
approval of O rdinance No. 15, S eries of 2019, unanimously on September 23, 2019.
AT TAC H ME N TS :
Description
Staff Memor andum, Ordinance No. 15, Ser ies of 2019
[Attachment A] O rdinance N o. 15, Series of 2019
[Attachment B] S taff Memorandum to the P E C, P E C 19-0017, September 23,2019
[Attachment C] P E C Minutes, September 23, 2019
December 17, 2019 - Page 67 of 267
TO: Vail Town Council
FROM: Community Development Department
DATE: December 11, 2019
SUBJECT: First Reading of Ordinance No. 15, Series of 2019, an ordinance to amend
Section 12-2-2: Definitions of Words and Terms, and Section 14-2-1: Definitions
of Words and Terms, Vail Town Code, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to update definitions and remove redundant definitions, and
setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Erik Gates
I. SUMMARY
The Town of Vail Community Development Department is requesting a first reading of
Ordinance No. 15, Series of 2019, to amend definitions in Title 12 and Title 14 to
remove redundant definitions and clarify the code.
On September 23, 2019, the Planning and Environmental Commission (PEC) forwarded
a recommendation for approval to the Vail Town Council for the proposed amendment,
subject to the findings noted in Section VIII of the Staff Memorandum sent to the PEC
(Attachment B)
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 15, Series of 2019, upon first reading.
III. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Vail Town Council
consider the proposed amendments to Sections 12-2-2, Definitions of Words and
Terms, and Section 14-2-1, Definitions of Words and Terms, pursuant to Section 12-3-
7, Amendment, Vail Town Code. The Community Development Department proposes
the following changes to Title 12 and Title 14, Vail Town Code.
(italicized indicates new language and strikethrough indicates language to be removed):
December 17, 2019 - Page 68 of 267
Town of Vail Page 2
12-2-2: DEFINITIONS OF WORDS AND TERMS:
When used in this title, the words and phrases contained in this title shall have the
specific meanings as defined in this section. All words, terms, and phrases not
otherwise defined herein shall be given their usual and customary meanings, unless the
context clearly indicates a different meaning was intended.
ADMINISTRATOR: The administrator of the department of community development
Director of Community Development or his/her designee.
DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple-
family building with kitchen facilities designed for or used by one family as an
independent housekeeping unit.
PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for
reviewing development proposals or any matters pertaining to the commission as
provided by this code and to act in an advisory capacity to the town council. The
planning and environmental commission focuses on evaluating projects based on the
zoning ordinance, master plans, subdivision regulations, environmental concerns, etc.,
The Commission established by title 3, chapter 2 of this Code.
VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the
Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents
that are updated, amended and adopted by the Town Council. A copy of the current
Comprehensive plan shall be kept by the Community Development Department and
available for inspection during business hours. The Vail Comprehensive Plan is the
compilation of numerous planning documents that include the Vail Village urban design
guidelines/Vail Village design considerations (adopted June 11, 1980, and revised
January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985),
Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted
January 16, 1990), Streetscape Master Plan (adopted November 20, 1991),
Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan
(adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994),
environmental strategic plan (adopted 1994), Ford Park management plan (adopted
April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998),
and art in public places strategic plan (adopted November 6, 2001).
14-2-1: DEFINITIONS OF WORDS AND TERMS:
DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development
proposals in the town of Vail. The DRB focuses on evaluating projects based on this
code, master plans, and the design standards as set forth in this code, including
December 17, 2019 - Page 69 of 267
Town of Vail Page 3
architectural design, site planning, landscaping, site disturbance, etc., The Board
established pursuant to title 3, chapter 4 of this code.
DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth
disturbance and requiring a building or grading permit, including, but not limited to,
commercial or industrial developments, single- or multi-family housing, construction of
structures, roads and driveways, and installation of utilities.
DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building
containing three (3) or more dwelling units, including townhouses, row houses,
apartments, and condominium units; designed for or used by three (3) or more families,
each living as an independent housekeeping unit.
DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building designed for or used as a dwelling exclusively by one family as an independent
housekeeping unit.
DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building containing two (2) dwelling units, designed for or used as a dwelling exclusively
by two (2) families, each living as an independent housekeeping unit.
DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group of
rooms in a single-family, two-family or multiple-family building with kitchen facilities;
designed for or used by one family as an independent housekeeping unit. A dwelling
unit in a multiple-family building may include one attached accommodation unit no
larger than one-third (1/3) of the total floor area of the dwelling.
EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this
code. An employee housing unit as defined in title 12, "Zoning Regulations", of this
code. For the purpose of driveway, parking, and access standards, an EHU shall be
considered a dwelling unit.
LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or
intended to be occupied by a use, building, or structure under the provisions of title 12,
"Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of
this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds.
PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for
reviewing development proposals or any matters pertaining to the commission as
provided by law, resolution, or ordinance, and to act in an advisory capacity to the town
council. The planning and environmental commission focuses on evaluating projects
based on the zoning ordinance, master plans, subdivision regulations, environmental
concerns, etc., The Commission established by title 3, chapter 2 of this Code.
December 17, 2019 - Page 70 of 267
Town of Vail Page 4
SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or
dish shaped antenna designed to receive radio waves.
SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line,
creek or stream measured horizontally to a line or location within the lot or site, which
establishes the permitted location of uses, structures, or buildings on the site.
SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site
between a lot or site line and the corresponding setback line within the lot or site.
SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot
or site which establishes the permitted location of uses, structures, or buildings on the
site.
SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback line
extending the full width of the site parallel to and measured from the front lot or site line.
SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line
extending the full width of the site parallel to and measured from the rear lot or site line.
SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line
extending from the front setback line to the rear setback line parallel to and measured
from the side lot or site line.
SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total
building area on a site to the total area of a site, expressed as a percentage. For the
purpose of calculating site coverage, "building area" shall mean the total horizontal area
of any building, carport, porte-cochere, arcade, and covered or roofed walkway as
measured from the exterior face of perimeter walls or supporting columns above grade
or at ground level, whichever is the greater area. For the purposes of this definition, a
balcony or deck projecting from a higher elevation may extend over a lower balcony,
deck or walkway, and in such case the higher balcony or deck shall not be deemed a
roof or covering for the lower balcony, deck or walkway. In addition to the above,
building area shall also include any portion of a roof overhang, eave, or covered stair,
covered deck, covered porch, covered terrace or covered patio that extends more than
four feet (4') from the exterior face of the perimeter building walls or supporting columns.
SLOPE: Defined in title 12, chapter 2 of this code. 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
December 17, 2019 - Page 71 of 267
Town of Vail Page 5
method for each one hundred (100) square foot grid portion of the tract, lot or portion
thereof.
A. Existing, natural: The gradient or configuration of the undisturbed land surface
prior to site improvement of a lot, site, or parcel.
B. Graded, finished: The gradient or configuration of the land surface following
improvement of a lot, site, or parcel.
IV. BACKGROUND/SITUATION TO BE ADDRESSED
The changes proposed for Section 12-2-2 of the Town Code are all related to the
clarification or simplification of existing definitions.
The current definition for ADMINISTRATOR contains the word to be defined within the
definition itself. The proposed changes would remove this self-referential language and
specify that the administrator of Title 12 is the Community Development Department
Director.
The definition for DWELLING UNIT will be amended to include “single-family” buildings
as staff believes its omission from the definition was made in error.
The definition for PLANNING AND ENVIRONMENTAL COMMISSION will simply
reference the Title in which the PEC is established and defined, in order to ensure the
definition is kept consistent through the entirety of the Vail Town Code.
Finally for Title 12 changes, the definition of VAIL COMPREHENSIVE PLAN is
proposed to no longer individually reference each master plan within the Town. This will
remove the need to update this definition each time new master plans or updates to
existing master plans are approved.
All changes proposed for Section 14-2-1 have been proposed in order to achieve the
same goal of removing redundancy and maintaining a consistency of definitions
throughout the Town Code. Title 14: Development Standards was first codified in
Ordinance No. 22, Series of 1999. In the language created by this ordinance it states
that:
“These rules, regulations and standards shall be initially adopted by ordinance by
the Vail Town Council and shall exist as a supplement to the Vail Town Code as
a “handbook” of Development Standards”
The intention of the Title 14 Development Standards has always been to act as a
supplement to the existing Zoning Regulations of the Town Code. As all projects are
required to comply with both Title 12 and Title 14, having different definitions for the
same term in both titles could lead to confusion on how to apply definitions for
applicants and Town Staff. Each term proposed for amendment within Title 14 has an
December 17, 2019 - Page 72 of 267
Town of Vail Page 6
identical or near identical term within Title 12, so these Title 14 terms will simply
reference the chapter of Title 12 in which they are defined instead.
V. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for “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”. This text amendment is intended to advance these
purposes by providing clear standards in the zoning code by removing repeated
definitions and provided one clear definition for words used in the code. This added
clarity will help to improve customer service as residents will be able to more easily
navigate through the code and staff will be more effective in finding relevant sections
applying them and answering questions about them.
Staff finds that this criterion has been met.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
The proposed text amendment will provide the community, as well as anyone who
references the code, clear standards for planning and development review that can
be applied consistently.
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
The text amendment largely simplifies the existing regulation and adds clarity.
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
December 17, 2019 - Page 73 of 267
Town of Vail Page 7
By increasing consistency and removing redundancy in the zoning code, the
proposed text amendment would promote a harmonious, convenient and workable
relationship among land use regulations consistent with municipal development
objectives. The text amendment does not conflict with other existing land use
documents or municipal development objectives.
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 amendments
VI. STAFF RECOMMENDATION
The Planning and Environmental Commission recommended approval of Ordinance No.
15, Series of 2019, unanimously on September 23, 2019. Should the Vail Town Council
choose to approve Ordinance No. 15, Series of 2019, upon first reading, the Community
Development Department recommends the Council pass the following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 15, Series of
2019, an ordinance to amend Section 12-2-2: Definitions of Words and Terms,
and Section 14-2-1: Definitions of Words and Terms, Vail Town Code, pursuant
to Section 12-3-7, Amendment, Vail Town Code, to update definitions and
remove redundant definitions.”
Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2019, the
Community Development Department recommends the Council makes the following
findings:
“Based upon a review of the criteria outlined in Section VI of the September 23,
2019 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
December 17, 2019 - Page 74 of 267
Town of Vail Page 8
natural environment and its established character as a resort and
residential community of the highest quality."
VII. ATTACHMENTS
A. Ordinance No. 15, Series of 2019
B. Staff Memorandum, PEC19-0017, September 23, 2019
C. PEC Minutes, September 23, 2019
December 17, 2019 - Page 75 of 267
9/5/2019
S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX
ORDINANCE NO. 15
SERIES 2019
AN ORDINANCE AMENDING SECTION 12-2-2 OF THE VAIL TOWN
CODE TO CLARIFY CERTAIN DEFINITIONS, AND AMENDING
SECTION 14-2-1 OF THE VAIL TOWN CODE TO DELETE
DUPLICATIVE DEFINITIONS
WHEREAS, several definitions in Section 12-2-2 of the Vail Town Code are
outdated and in need of clarification or deletion;
WHEREAS, Section 14-2-1 of the Vail Town Code includes definitions that are
already located in other sections of the Vail Town Code;
WHEREAS, on August 12, 2019, the Planning and Environmental Commission
considered the changes proposed by this Ordinance and recommended that the Town
Council approve such changes; and
WHEREAS, the Town Council finds and determines that the clarification of
definitions and the deletion of duplicative definitions is necessary to avoid ambiguity in
the Vail Town Code.
NOW, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. The following definitions in Section 12-2-2 of the Vail Town Code
are hereby amended as follows:
ADMINISTRATOR: The administrator Director of Community
Development or designee.
DWELLING UNIT: Any room or group of rooms in a single-family, two-
family or multiple-family building with kitchen facilities designed for or used
by one family as an independent housekeeping unit.
PLANNING AND ENVIRONMENTAL COMMISSION: The body
responsible for reviewing development proposals or any matters
pertaining to the commission as provided by this code and to act in an
advisory capacity to the town council. The planning and environmental
commission focuses on evaluating projects based on the zoning
ordinance, master plans, subdivision regulations, environmental concerns,
etc. and as established by, The Commission established by Title 3,
Chapter 2 of this Code.
VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the
development of the Town of Vail. The Vail Comprehensive Plan is a
compendium of planning documents that are updated, amended and
adopted by the Town Council. A copy of the current Comprehensive plan
December 17, 2019 - Page 76 of 267
2
9/5/2019
S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX
shall be kept by the Community Development Department and available
for inspection during business hours. The Vail Comprehensive Plan is the
compilation of numerous planning documents that include the Vail Village
urban design guidelines/Vail Village design considerations (adopted June
11, 1980, and revised January 15, 1993), Ford Park/Donovan Park Master
Plan (adopted August 5, 1985), Land Use Plan (adopted November 18,
1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape
Master Plan (adopted November 20, 1991), Transportation Master Plan
(adopted January 1993), Municipal Cemetery Master Plan (adopted
December 7, 1993), Comprehensive Open Lands Plan (adopted 1994),
environmental strategic plan (adopted 1994), Ford Park management plan
(adopted April 14, 1997), Lionshead Redevelopment Master Plan
(adopted December 15, 1998), and art in public places strategic plan
(adopted November 6, 2001).
Section 2. The following definitions in Section 14-2-1 of the Vail Town Code
are hereby amended as follows:
DESIGN REVIEW BOARD (DRB): The body responsible for reviewing
development proposals in the town of Vail. The DRB focuses on evaluating
projects based on this code, master plans, and the design standards as set forth
in this code, including architectural design, site planning, landscaping, site
disturbance, etc., The Board established pursuant to title 3, chapter 4 of this
code.
DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving
earth disturbance and requiring a building or grading permit, including, but not
limited to, commercial or industrial developments, single- or multi-family housing,
construction of structures, roads and driveways, and installation of utilities.
DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A
building containing three (3) or more dwelling units, including townhouses, row
houses, apartments, and condominium units; designed for or used by three (3) or
more families, each living as an independent housekeeping unit.
DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A
detached building designed for or used as a dwelling exclusively by one family as
an independent housekeeping unit.
DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building containing two (2) dwelling units, designed for or used as a dwelling
exclusively by two (2) families, each living as an independent housekeeping unit.
DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group
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of rooms in a single-family, two-family or multiple-family building with kitchen
facilities; designed for or used by one family as an independent housekeeping
unit. A dwelling unit in a multiple-family building may include one attached
accommodation unit no larger than one-third (1/3) of the total floor area of the
dwelling.
EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2
of this code. An employee housing unit as defined in title 12, "Zoning
Regulations", of this code. For the purpose of driveway, parking, and access
standards, an EHU shall be considered a dwelling unit.
LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land
occupied or intended to be occupied by a use, building, or structure under the
provisions of title 12, "Zoning Regulations", of this code, and meeting the
minimum requirements of title 12 of this code. A lot or site may consist of a single
lot of record, a portion of a lot of record, a combination of lots of record or
portions thereof, or a parcel of land described by metes and bounds.
PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible
for reviewing development proposals or any matters pertaining to the commission
as provided by law, resolution, or ordinance, and to act in an advisory capacity to
the town council. The planning and environmental commission focuses on
evaluating projects based on the zoning ordinance, master plans, subdivision
regulations, environmental concerns, etc., The Commission established by title 3,
chapter 2 of this Code.
SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A
parabolic or dish shaped antenna designed to receive radio waves.
SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or
site line, creek or stream measured horizontally to a line or location within the lot
or site, which establishes the permitted location of uses, structures, or buildings
on the site.
SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot
or site between a lot or site line and the corresponding setback line within the lot
or site.
SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location
within a lot or site which establishes the permitted location of uses, structures, or
buildings on the site.
SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback
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line extending the full width of the site parallel to and measured from the front lot
or site line.
SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback
line extending the full width of the site parallel to and measured from the rear lot
or site line.
SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback
line extending from the front setback line to the rear setback line parallel to and
measured from the side lot or site line.
SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total
building area on a site to the total area of a site, expressed as a percentage. For
the purpose of calculating site coverage, "building area" shall mean the total
horizontal area of any building, carport, porte-cochere, arcade, and covered or
roofed walkway as measured from the exterior face of perimeter walls or
supporting columns above grade or at ground level, whichever is the greater
area. For the purposes of this definition, a balcony or deck projecting from a
higher elevation may extend over a lower balcony, deck or walkway, and in such
case the higher balcony or deck shall not be deemed a roof or covering for the
lower balcony, deck or walkway. In addition to the above, building area shall also
include any portion of a roof overhang, eave, or covered stair, covered deck,
covered porch, covered terrace or covered patio that extends more than four feet
(4') from the exterior face of the perimeter building walls or supporting columns.
SLOPE: Defined in title 12, chapter 2 of this code. 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.
A. Existing, natural: The gradient or configuration of the undisturbed land
surface prior to site improvement of a lot, site, or parcel.
B. Graded, finished: The gradient or configuration of the land surface
following improvement of a lot, site, or parcel.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
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ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The amendment of any provision of the Vail Town Code 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.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of
,
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.
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ATTEST:
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2019.
ATTEST:
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
December 17, 2019 - Page 81 of 267
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 23, 2019
SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section
12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to
Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14,
Development Standards, Vail Town Code, to update definitions, to remove
redundant definitions, and regulations for retaining walls, and setting forth details
in regard thereto. (PEC19-0017)
Applicant: Town of Vail
Planner: Erik Gates
I. SUMMARY
The Community Development Department is proposing to update the Vail Town Code to
amend definitions in Title 12 and Title 14 to remove redundant definitions and clarify the
code.
II. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Planning and
Environmental Commission forward a recommendation of approval to the Vail Town
Council for amendments to Sections 12-2-2, 14-2-1, and 14-10-8, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the removal of redundant definitions
and update of definitions outlined below.
III. PROPOSED TEXT AMENDMENT LANGUAGE
Sections of Title 12 and Title 14 of the Vail Town Code are amended as follows
(italicized indicates new language and strikethrough indicates language to be removed):
12-2-2: DEFINITIONS OF WORDS AND TERMS:
When used in this title, the words and phrases contained in this title shall have the
specific meanings as defined in this section. All words, terms, and phrases not
otherwise defined herein shall be given their usual and customary meanings, unless the
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Town of Vail Page 2
context clearly indicates a different meaning was intended.
ADMINISTRATOR: The administrator of the department of community development
Director of Community Development or his/her designee.
DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple-
family building with kitchen facilities designed for or used by one family as an
independent housekeeping unit.
PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for
reviewing development proposals or any matters pertaining to the commission as
provided by this code and to act in an advisory capacity to the town council. The
planning and environmental commission focuses on evaluating projects based on the
zoning ordinance, master plans, subdivision regulations, environmental concerns, etc.,
The Commission established by title 3, chapter 2 of this Code.
VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the
Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents
that are updated, amended and adopted by the Town Council. A copy of the current
Comprehensive plan shall be kept by the Community Development Department and
available for inspection during business hours. The Vail Comprehensive Plan is the
compilation of numerous planning documents that include the Vail Village urban design
guidelines/Vail Village design considerations (adopted June 11, 1980, and revised
January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985),
Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted
January 16, 1990), Streetscape Master Plan (adopted November 20, 1991),
Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan
(adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994),
environmental strategic plan (adopted 1994), Ford Park management plan (adopted
April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998),
and art in public places strategic plan (adopted November 6, 2001).
14-2-1: DEFINITIONS OF WORDS AND TERMS:
DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development
proposals in the town of Vail. The DRB focuses on evaluating projects based on this
code, master plans, and the design standards as set forth in this code, including
architectural design, site planning, landscaping, site disturbance, etc., The Board
established pursuant to title 3, chapter 4 of this code.
DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth
disturbance and requiring a building or grading permit, including, but not limited to,
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Town of Vail Page 3
commercial or industrial developments, single- or multi-family housing, construction of
structures, roads and driveways, and installation of utilities.
DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building
containing three (3) or more dwelling units, including townhouses, row houses,
apartments, and condominium units; designed for or used by three (3) or more families,
each living as an independent housekeeping unit.
DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building designed for or used as a dwelling exclusively by one family as an independent
housekeeping unit.
DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building containing two (2) dwelling units, designed for or used as a dwelling exclusively
by two (2) families, each living as an independent housekeeping unit.
DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group of
rooms in a single-family, two-family or multiple-family building with kitchen facilities;
designed for or used by one family as an independent housekeeping unit. A dwelling
unit in a multiple-family building may include one attached accommodation unit no
larger than one-third (1/3) of the total floor area of the dwelling.
EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this
code. An employee housing unit as defined in title 12, "Zoning Regulations", of this
code. For the purpose of driveway, parking, and access standards, an EHU shall be
considered a dwelling unit.
LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or
intended to be occupied by a use, building, or structure under the provisions of title 12,
"Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of
this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds.
PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for
reviewing development proposals or any matters pertaining to the commission as
provided by law, resolution, or ordinance, and to act in an advisory capacity to the town
council. The planning and environmental commission focuses on evaluating projects
based on the zoning ordinance, master plans, subdivision regulations, environmental
concerns, etc., The Commission established by title 3, chapter 2 of this Code.
SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or
dish shaped antenna designed to receive radio waves.
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Town of Vail Page 4
SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line,
creek or stream measured horizontally to a line or location within the lot or site, which
establishes the permitted location of uses, structures, or buildings on the site.
SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site
between a lot or site line and the corresponding setback line within the lot or site.
SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot
or site which establishes the permitted location of uses, structures, or buildings on the
site.
SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback line
extending the full width of the site parallel to and measured from the front lot or site line.
SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line
extending the full width of the site parallel to and measured from the rear lot or site line.
SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line
extending from the front setback line to the rear setback line parallel to and measured
from the side lot or site line.
SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total
building area on a site to the total area of a site, expressed as a percentage. For the
purpose of calculating site coverage, "building area" shall mean the total horizontal area
of any building, carport, porte-cochere, arcade, and covered or roofed walkway as
measured from the exterior face of perimeter walls or supporting columns above grade
or at ground level, whichever is the greater area. For the purposes of this definition, a
balcony or deck projecting from a higher elevation may extend over a lower balcony,
deck or walkway, and in such case the higher balcony or deck shall not be deemed a
roof or covering for the lower balcony, deck or walkway. In addition to the above,
building area shall also include any portion of a roof overhang, eave, or covered stair,
covered deck, covered porch, covered terrace or covered patio that extends more than
four feet (4') from the exterior face of the perimeter building walls or supporting columns.
SLOPE: Defined in title 12, chapter 2 of this code. 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.
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Town of Vail Page 5
A. Existing, natural: The gradient or configuration of the undisturbed land surface
prior to site improvement of a lot, site, or parcel.
B. Graded, finished: The gradient or configuration of the land surface following
improvement of a lot, site, or parcel.
14-6-7: RETAINING WALLS:
A. General: All retaining walls are reviewed by the Design Review Board or the
Administrator to determine compatibility to the existing topography of and the
materials in use. Retaining walls shall not exceed an exposed face height of six feet
(6'). Within a front setback, retaining walls shall not exceed an exposed face height
of three feet (3'), unless related to access to or development of a structure
constructed on excessive slopes (in excess of 30 percent). Retaining walls
associated with a street located within a public right of way or access to an
underground covered parking structure are exempt from these height limits, but must
be approved by the Design Review Board and shall meet the standards prescribed
in Section 14-10-3 of this Code.
Retaining walls shall be located a minimum of two feet (2') from adjacent private
property boundaries and should be ten feet (10') from the edge of a public street
unless otherwise approved by the town engineer.
All retaining walls over four feet (4') in height, measured from the bottom of a footing
to the top of wall as per the adopted town of Vail building code, shall be engineered
and stamped by a licensed Colorado professional engineer (PE stamp) except in the
right of way, where retaining walls over three feet (3') in height, measured in the
same manner, shall require a PE stamp.
All retaining walls requiring a PE stamp shall be required to have submitted and
approved, prior to building permit release, engineered stamped plans, profiles,
sections, details, and engineering analyses and calculations for each wall type as
required by the town engineer. At a minimum, unless otherwise directed, the
engineering submittal shall include PE stamped plans, and PE stamped typical
details with all engineering design parameters and calculated factor of safety
provided on the details. Plans and details shall be cross referenced.
IV. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
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Town of Vail Page 6
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 held three separate work sessions to review the proposed text
amendment. The board is supportive of the language submitted to the PEC for their
review. The Design Review Board (DRB) has no formal review over a text amendment to
the Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
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.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are
relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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Town of Vail Page 7
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.
VI. ENVIRONMENTAL IMPACTS
The proposed regulation amendment does not have identifiable environmental impacts.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
The general purposes of the zoning regulations are for “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”. This text amendment is intended to advance these purposes by providing clear
standards in the zoning code by removing repeated definitions and provided one clear
definition for words used in the code. This added clarity will help to improve customer
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Town of Vail Page 8
service as residents will be able to more easily navigate through the code and staff will be
more effective in finding relevant sections applying them and answering questions about
them.
2. The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in
the Vail comprehensive plan and is compatible with the development objectives of
the town; and
The proposed text amendment will provide the community, as well as anyone who
references the code, clear standards for planning and development review that can be
applied consistently.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The text amendment largely simplifies the existing regulation and adds clarity.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
By increasing consistency and removing redundancy in the zoning code, the proposed
text amendment would promote a harmonious, convenient and workable relationship
among land use regulations consistent with municipal development objectives. The text
amendment does not conflict with other existing land use documents or municipal
development objectives.
5. Such other factors and criteria the Planning and Environmental Commission and/or
council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section III of this memorandum and the evidence and
testimony presented.
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Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval
to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-
3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12,
Zoning Regulations, Vail Town Code, and amendments to Title 14, Development
Standards, Vail Town Code, to update definitions, to remove redundant definitions, and
regulations for retaining walls, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section III of the September 23, 2019 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATTACHMENTS
A. Title 12 Definitions Draft Ordinance
B. Title 14 Retaining Walls Draft Ordinance
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P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
September 23, 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: Brian Gillette, Pam Hopkins, Rollie Kjesbo, Ludwig Kurz, J ohn
Ryan Lockman, Karen Perez, Brian Stockmar
Absent: None
2.Main Agenda
2.1.A request for the review of a variance from Section 12-14-17, Setback from
Watercourse, Vail Town Code, in accordance with the provisions of Section
12-17, Variances, Vail Town Code, to allow for the on-site relocation of a
natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23,
Vail Meadows Filing 1, and setting forth details in regard thereto. (P E C19-
0042)
20 min.
Applicant:Peregrine Group Development L L C, represented by Krueger
Architecture
Planner:J onathan Spence
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Prior to submitting for a building permit, the applicant shall provide the
Community Development Department all required approvals from the
US Army Corps of Engineers (US A C E) related to the project, to be
reviewed and approved by the Town Engineer.
Planner Spence: I ntroduced the project by showing its location and
describing previous approvals. The applicant observed a small seasonal
stream after project approval, which was not previously known. The variance
process helped to create a plan for this development that is supported by the
Public W orks department and Environmental Sustainability department.
Chairman Stockmar: Clarified the difference between watercourses
identified by the Town and a seasonal stream.
Spence: Stated that these seasonal streams are not identified by the town.
Pavan Krueger: W orked with Kathy of C E RE S and S GM to understand the
landscaping and water flows on site. The capacity of the waterway may
increase to 1.5x its current size through this design. After this variance, the
applicant will have to work with the Army Corps of Engineers for this
mitigation. There may have been an informal diversion for this stream at one
point.
Stockmar: I s this stream itself a diversion from its original course?
Krueger: Stated it was likely, but there is no record of when this might have
happened.
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Commissioner Hopkins: Asked where the proposed diversion will go.
Krueger: The stream will be moved into the side setback and will be directed
to a culvert under the driveway. I t will exit into the neighbor ’s property.
Stockmar: Asked if there would be any increase of flow.
Krueger: Stated there would be none.
Commissioner Perez: Asked if the neighbor was notified.
Planner Neubecker: Stated the neighbor to the north had received the
notice, and they came into the Community Development department to ask
about the variance. He stated that the neighbor was in support, as long as
the stream enters the neighbor ’s property in the same location.
Krueger: They will not be creating a concrete culvert, but it will be a rock-
lined channel. I t will be better than the existing culvert. She stated they will
also do drainage studies.
Public Comment: None
Commissioner Kjesbo: I n support, felt that this was the right way to deal with
this situation.
Commissioner Gillette: I n support, warned about paying attention to
maintenance.
The remaining commissioners stated that they agreed with the variance.
J ohn-Ryan Lockman moved to approve with conditions. Rollie Kjesbo
seconded the motion and it passed (7-0).
2.2.A request for a recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations
amendments to Title 12, Zoning Regulations, Vail Town Code, and
amendments to Title 14, Development Standards, Vail Town Code, to update
definitions, to remove redundant definitions, and regulations for retaining
walls, and setting forth details in regard thereto. (P E C19-0017)
10 min.
Applicant:Town of Vail
Planner:Erik Gates
Planner Gates: Provided and described to the Commission the requested
changes from the previous meeting. He stated that definitions removed in
Title 14 now make reference to the corresponding definitions in Title 12.
Commissioner Kurz: Confirmed that the changes were a result of the P E C
comments and concerns.
Chairman Stockmar: W arned about unintended consequences when
language removed form codes or moved.
Gates: Discussed the process related to consistent language and stated that
the definitions to be removed in Title 14 all had identical or near identical
language in Title 12.
December 17, 2019 - Page 92 of 267
Commissioners expressed support
Public Comment: None
Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the
motion and it passed (0-0).
2.3.A request for a recommendation to the Vail Town Council, 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 W ildland Urban I nterface to reduce the risk of wildfire,
and setting forth details in regard thereto. (P E C18-0035)
45 min.
Applicant:Town of Vail
Planner:Chris Neubecker
Planner Neubecker: I ntroduced the application by talking about the changes
requested by the Commission at the previous meeting, and how changes
were incorporated into the amendment proposal. These included changing
some “shall” language to “should,” consistent lowercase use of “the town,”
and changing “occupants” to “tenants.” Asked for any direct questions or
feedback from the Commission.
Commissioner Hopkins: Asked how this regulation might apply to
condominium association exterior renovations.
Paul Cada: Answered by stating that they wanted to start with an amendment
that would help push the town at the right direction. Wanted to start with new
construction and additions. Even at this level they feel that this pushes the
town in the right direction.
Neubecker: Stated that a lot of new construction in Vail is already using
these noncombustible materials, with heavy timbers and other materials that
meet this regulation. Rather than proposing a regulation that is heavy
handed, we are starting with regulations that can be supported by the
community.
Chairman Stockmar: Stated that the impression he had been getting is that
while spacing is important, using the right materials for building is key for
preventing fire from spreading in town.
Commissioner Gillette: Stated that it’s hard to find materials that you couldn’t
use from the materials list. I t might have been easier to tell what someone
what they can’t use instead of what they can.
Hopkins: Asked about the 100 foot radius, regarding defensible space. I s
that for trees?
Gillette: Stated that Commissioner Kjesbo had previously asked about the
recommendation to trim the first 8 feet of trees at the last meeting, and this
had not been addressed. Code still says “should” not “shall”. Has concerns
about meeting code when new trees are planed at time of permit issuance.
Cada: Stated that the intent is to have this rule apply only to mature trees,
not newly planted trees. He explained the language in the landscaping guide,
which is geared toward trimming established trees.
December 17, 2019 - Page 93 of 267
Gillette: Pointing to Section 14-10-8, wanted clarification for the
recommendation to trim the first 8 feet or to trim one-third or less of the tree.
Then pointed to a picture that is listed as an example of good compliant
landscaping, and showed that one of the trees was not pruned in the picture.
He stated that the landscaping looks good because it is out of proposed
compliance. He is worried about requiring applicants to trim 2 feet of
branches off of a new 6 foot tree.
Cada: Stated that the intention is, as written, to only apply this provision for
established trees.
Stockmar: Stated that the referenced guidelines are not law as they can be
changed by the Fire Department without P E C approval.
Chief Novak: Clarified that this gives the Fire Department the ability to make
a determination on whether a tree should be pruned based on the
surrounding landscaping. A tree over an irrigated lawn would need less
trimming than a tree over high bushes or shrubs.
Gillette: W orried that this trimming based on context would result in removing
screening. Also, mentioned the issue of many trees being on a property line.
Stockmar: This puts a lot of burden on the Fire department and wants to
make sure the department has capacity for this.
Cada: Stated that they already do a lot of this review. Planning already does
landscaping inspections, so they can do the final review that includes the
Fire department requirements.
Novak: Stated that changes to landscaping standards do not go to Town
Council. Talked about an example where the standards were amended
administratively for streamside landscaping.
Perez: Clarified that these guidelines may change depending on
circumstance.
Gillette: Stated he had a problem with this. Does this mean that today we are
talking about whatever guidelines get put in place at any given time in the
future?
Neubecker: Yes
Gillette: Stated he was not comfortable with this and he couldn’t vote for
something if he didn’t even know what it is.
Neubecker: Mentioned that if Gillette is not comfortable with these
regulations, in this form, he could vote against it. Also, he could make a
recommendation that something in the regulations be changed.
Gillette: W anted the current guidelines to be codified and they can be
amended as needed. Wants to incorporate the guidelines by name and date.
Kjesbo: Asked a question clarifying when and where these guidelines would
apply.
No public comment.
Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the
December 17, 2019 - Page 94 of 267
motion and it passed (6-1).
Ayes:(6)Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar
Nays:(1)Gillette
2.4.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)
The applicant has requested this item be tabled to October 28, 2019.
5 min.
Applicant:Town of Vail, represented by Victor Mark Donaldson Architects
Planner:Chris Neubecker
Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.5.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)
The applicant has requested this item be tabled to October 28, 2019.
2 min.
Applicant:Town of Vail, represented by Victor Mark Donaldson Architects
Planner:Chris Neubecker
Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.6.A request for a recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land
Use Plan, specifically the Chamonix Master Plan and the Chamonix Land
Use Category and setting forth details in regard thereto. (P E C19-0040)
The applicant has requested this item be tabled to October 14, 2019.
5 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.7.A request for the review of a variance from Section 12-21-10 Development
Restricted, Vail Town Code, in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for development in the Housing
Zoning District on a slope of forty percent (40%) or greater, located at 2420
Chamonix Lane/the western portion of Parcels B and the northern portion of
Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1
(Future Lot E, Chamonix Vail Community Subdivision), and setting forth
details in regard thereto. (P E C19-0036)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
December 17, 2019 - Page 95 of 267
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.8.A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of a portion of 2399 North Frontage Road
West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from
the General Use (GU) District to the Housing (H) District and setting forth
details in regard thereto. (P E C19-0033)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.9.A request for review of a Minor Subdivision, pursuant to Section 13-4,
Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community
Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of
Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard
thereto. (P E C19-0032)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.10.A request for the review of an Amended Development Plan, pursuant to
Section 12-6I -11, Development Plan Required, Vail Town Code, for
amendments to the Chamonix Vail Community Development Plan, Parcel B
and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail
Das Schone Filing No. 1 and setting forth details in regard thereto.
(P E C19-0035)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.11.A request for the review of a Conditional Use Permit, pursuant to Section
12-16, Conditional Use Permits, Vail Town Code, to allow for the
construction of dwelling units within the Housing (H) zone district, located at
located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion
of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No.
1and setting forth details in regard thereto. (P E C19-0034)
2 min.
December 17, 2019 - Page 96 of 267
The applicant has requested this item be tabled to October 14, 2019.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
3.Approval of Minutes
3.1.September 9, 2019 P E C Results
Stockmar: There’s a question mark at the end of one of his sentences, on
page 4, that is a statement. Needs to be corrected.
Karen Perez moved to approved. Rollie Kjesbo seconded the motion and it
passed (6-0).
Abstain:(1)Hopkins
4.Adjournment
Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it
passed (7-0).
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
December 17, 2019 - Page 97 of 267
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 : O rdinance No. 16, S eries of 2019, F irst R eading, A n O rdinance A mending
S ection 14-6-7.a of the Vail Town Code to Clarify D esign Standards f or Retaining Walls
P RE S E NT E R(S ): Erik Gates, Planner
AC T IO N RE Q UE S T E D O F C O UNC IL : T he Vail Town C ouncil shall approve, approve with
modif ications, or deny Ordinance No. 16, S eries of 2019, upon first reading.
B AC K G RO UND: T he applicant, the Town of Vail, is proposing an amendment to S ection 14-6-
7, R etaining Walls, to allow the D esign Review B oard to permit retaining walls in excess of three
f eet (3') within the front setback when related to the development of a structure on excessive
slopes. Existing regulations only allow for Design Review B oard approval of retaining walls in
excess of three feet (3') within the front setback when related to a garage in the front setback or
access to a structure.
S TAF F RE C O M M E ND AT I O N: The P lanning and E nvironmental Commission recommended
approval of O rdinance No. 16, S eries of 2019, unanimously on September 23, 2019.
AT TAC H ME N TS :
Description
Staff Memor andum, Ordinance No. 16, Ser ies of 2019
[Attachment A] O rdinance N o. 16, Series of 2019
[Attachment B] S taff Memorandum to the P E C, P E C 19-0017, September 23, 2019
[Attachment C] P E C Minutes, September 23, 2019
December 17, 2019 - Page 98 of 267
TO: Vail Town Council
FROM: Community Development Department
DATE: December 11, 2019
SUBJECT: First Reading of Ordinance No. 16, Series of 2019, an ordinance to amend
Section 14-6-7: Retaining Walls, Vail Town Code, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the construction of retaining walls in
excess of three feet (3’) within the front setback when related to the development
of a structure on excessive slopes, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Erik Gates
I. SUMMARY
The Town of Vail Community Development Department is requesting a first reading of
Ordinance No. 16, Series of 2019, to amend Section 14-6-7: Retaining Walls, Vail Town
Code, to add language allowing the development of a structure on excessive slopes to
make use of retaining walls in excess of three feet (3’) within the front setback, subject
to DRB approval.
On September 23, 2019, the Planning and Environmental Commission (PEC) forwarded
a recommendation for approval to the Vail Town Council for the proposed amendment,
subject to the findings noted in Section VIII of the Staff Memorandum sent to the PEC
(Attachment B)
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 16, Series of 2019, upon first reading.
III. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Vail Town Council
consider the proposed amendment to Section 14-6-7, Retaining Walls, pursuant to
Section 12-3-7, Amendment, Vail Town Code. The Community Development
Department proposes the following changes to Section 14-6-7: Retaining Walls.
(italicized indicates new language and strikethrough indicates language to be removed):
December 17, 2019 - Page 99 of 267
Town of Vail Page 2
14-6-7: RETAINING WALLS:
A. General: All retaining walls are reviewed by the Design Review Board or the
Administrator to determine compatibility to the existing topography of and the
materials in use. Retaining walls shall not exceed an exposed face height of six feet
(6'). Within a front setback, retaining walls shall not exceed an exposed face height
of three feet (3'), unless related to access to or development of a structure
constructed on excessive slopes (in excess of 30 percent). Retaining walls
associated with a street located within a public right of way or access to an
underground covered parking structure are exempt from these height limits, but must
be approved by the Design Review Board and shall meet the standards prescribed
in Section 14-10-3 of this Code.
Retaining walls shall be located a minimum of two feet (2') from adjacent private
property boundaries and should be ten feet (10') from the edge of a public street
unless otherwise approved by the town engineer.
All retaining walls over four feet (4') in height, measured from the bottom of a footing
to the top of wall as per the adopted town of Vail building code, shall be engineered
and stamped by a licensed Colorado professional engineer (PE stamp) except in the
right of way, where retaining walls over three feet (3') in height, measured in the
same manner, shall require a PE stamp.
All retaining walls requiring a PE stamp shall be required to have submitted and
approved, prior to building permit release, engineered stamped plans, profiles,
sections, details, and engineering analyses and calculations for each wall type as
required by the town engineer. At a minimum, unless otherwise directed, the
engineering submittal shall include PE stamped plans, and PE stamped typical
details with all engineering design parameters and calculated factor of safety
provided on the details. Plans and details shall be cross referenced.
IV. BACKGROUND/SITUATION TO BE ADDRESSED
During a discussion on June 19, 2019 with the Design Review Board regarding potential
Title 14 code changes, an issue regarding retaining walls in excess of three feet (3’) in
the front setback was discussed. The current language of the Town Code only allows
for large retaining walls in the front setback for developments on excessive slopes when
associated with access (as currently stated in Section 14-6-7) or garages in the front
setback. Section 12-21-12: Restrictions In Specific Zones On Excessive Slopes
describes the allowance for garages.
“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
December 17, 2019 - Page 100 of 267
Town of Vail Page 3
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.”
It was determined that the original intent of these regulations was most likely to limit the
presence of retaining walls in the front setback and reduce hillside disturbance by
pulling the associated structure away from slopes of the lot and closer to the street
where properties are generally flatter. However, this can result in two separate
unintended consequences on small lots that have steep slopes throughout.
Developments can either place a significant amount of bulk and mass immediately
behind the setback line with a connected garage within the front setback, or they can
develop with significant hillside disturbance as structures try to meet these requirements
and maximum driveway grade requirements.
By allowing retaining walls in excess of 3’ in the front setback for any development on a
property with steep slopes, developments have greater flexibility to build with respect
site specific topography. Effectively, parking for a property can be accessed and placed
behind the front setback without digging into the hillside as deeply.
V. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for:
“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”.
This amendment is intended to allow for development that is overall more
harmonious with the established character of the Town. This text amendment makes
it easier to develop properties further from the street and to build with respect to
hillsides, which is more in line with the pattern of development seen on sites without
significant slopes present.
Staff finds that this criterion has been met.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
December 17, 2019 - Page 101 of 267
Town of Vail Page 4
development objectives of the town; and
The proposed text amendment helps to maintain and promote the aesthetic goals of
the Vail comprehensive plan by allowing for greater freedom of development within
these sites, rather than limiting steep sites to the options of frontloading
development with a front setback garage or digging far enough into the site to only
need 3’ retaining walls in the front setback.
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
When the original regulations were adopted, development on the steepest lots in
Town was avoided. However, as the town has continued to develop and expand,
the steepest lots are often the only undeveloped lots remaining. The original
regulations limit large retaining walls in an effort to reduce bulk and mass near the
street, but in the current day, the existing regulation is likely to have the opposite
effect. The proposed amendment helps to avoid this.
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
The proposed amendment it is not anticipated to have a significant effect on other
regulations within the Town. The amendment improves the harmonious, convenient,
and workable relationship among regulations by removing some uncertainty as to
when a retaining wall is being built for access to a structure verses when it is built for
the structure itself. The allowance for these large retaining walls is further limited by
the requirement for DRB review.
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 amendments
VI. STAFF RECOMMENDATION
December 17, 2019 - Page 102 of 267
Town of Vail Page 5
Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2019,
upon first reading, the Community Development Department recommends the Council
pass the following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 16, Series of
2019, an ordinance to amend Section 14-6-7: Retaining Walls, Vail Town Code,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
construction of retaining walls in excess of three feet (3’) within the front setback
when related to the development of a structure on excessive slopes.”
Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2019, the
Community Development Department recommends the Council makes the following
findings:
“Based upon a review of the criteria outlined in Section VI of the September 23,
2019 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."
VII. ATTACHMENTS
A. Ordinance No. 16, Series of 2019
B. Staff Memorandum, PEC19-0017, September 23, 2019
C. PEC Minutes, September 23, 2019
December 17, 2019 - Page 103 of 267
9/5/2019
S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX
ORDINANCE NO. 16
SERIES 2019
AN ORDINANCE AMENDING SECTION 14-6-7.A. OF THE VAIL TOWN
CODE TO CLARIFY DESIGN STANDARDS FOR RETAINING WALLS
WHEREAS, Section 14-6-7.A. of the Vail Town Code establishes design
standards for retaining walls and is in need of clarification;
WHEREAS, on August 12, 2019, the Planning and Environmental Commission
considered the changes proposed by this ordinance and recommended that the Town
Council approve such changes; and
WHEREAS, the Town Council finds and determines that the clarification of
Section 14-6-7.A. is necessary to avoid ambiguity in the Vail Town Code.
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 14-6.7.A. of the Vail Town Code is hereby amended as
follows:
14-6-7: RETAINING WALLS:
A. General:
1. All retaining walls are reviewed by the Design Review Board or the
Administrator to determine compatibility to the existing topography of and
the materials in use. Retaining walls shall not exceed an exposed face
height of six feet (6'). W ithin a front setback, retaining walls shall not
exceed an exposed face height of three feet (3'), unless related to access
to or development of a structure constructed on excessive slopes (in
excess of thirty (30) percent). Retaining walls associated with a street
located within a public right-of-way or access to an underground covered
parking structure are exempt from these height limits, but must be
approved by the Design Review Board and shall meet the standards
prescribed in Section 14-10-3 of this Code.
2. Retaining walls shall be located a minimum of two feet (2') from
adjacent private property boundaries and should be ten feet (10') from the
edge of a public street unless otherwise approved by the Town Engineer.
3. All retaining walls over four feet (4') in height, measured from the
bottom of a footing to the top of wall as per the adopted Town of Vail
building code, shall be engineered and stamped by a licensed Colorado
professional engineer (PE stamp) except in the right of way, where
December 17, 2019 - Page 104 of 267
2
9/5/2019
S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX
retaining walls over three feet (3') in height, measured in the same
manner, shall require a PE stamp.
4. All retaining walls requiring a PE stamp shall be required to have
submitted and approved, prior to building permit release, engineered
stamped plans, profiles, sections, details, and engineering analyses and
calculations for each wall type as required by the Town Engineer. At a
minimum, unless otherwise directed, the engineering submittal shall
include PE stamped plans, and PE stamped typical details with all
engineering design parameters and calculated factor of safety provided on
the details. Plans and details shall be cross referenced.
* * *
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 3. 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.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
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.
ATTEST:
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
December 17, 2019 - Page 105 of 267
3
9/5/2019
S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2019.
ATTEST:
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
December 17, 2019 - Page 106 of 267
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 23, 2019
SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section
12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to
Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14,
Development Standards, Vail Town Code, to update definitions, to remove
redundant definitions, and regulations for retaining walls, and setting forth details
in regard thereto. (PEC19-0017)
Applicant: Town of Vail
Planner: Erik Gates
I. SUMMARY
The Community Development Department is proposing to update the Vail Town Code to
amend definitions in Title 12 and Title 14 to remove redundant definitions and clarify the
code.
II. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Planning and
Environmental Commission forward a recommendation of approval to the Vail Town
Council for amendments to Sections 12-2-2, 14-2-1, and 14-10-8, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the removal of redundant definitions
and update of definitions outlined below.
III. PROPOSED TEXT AMENDMENT LANGUAGE
Sections of Title 12 and Title 14 of the Vail Town Code are amended as follows
(italicized indicates new language and strikethrough indicates language to be removed):
12-2-2: DEFINITIONS OF WORDS AND TERMS:
When used in this title, the words and phrases contained in this title shall have the
specific meanings as defined in this section. All words, terms, and phrases not
otherwise defined herein shall be given their usual and customary meanings, unless the
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Town of Vail Page 2
context clearly indicates a different meaning was intended.
ADMINISTRATOR: The administrator of the department of community development
Director of Community Development or his/her designee.
DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple-
family building with kitchen facilities designed for or used by one family as an
independent housekeeping unit.
PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for
reviewing development proposals or any matters pertaining to the commission as
provided by this code and to act in an advisory capacity to the town council. The
planning and environmental commission focuses on evaluating projects based on the
zoning ordinance, master plans, subdivision regulations, environmental concerns, etc.,
The Commission established by title 3, chapter 2 of this Code.
VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the
Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents
that are updated, amended and adopted by the Town Council. A copy of the current
Comprehensive plan shall be kept by the Community Development Department and
available for inspection during business hours. The Vail Comprehensive Plan is the
compilation of numerous planning documents that include the Vail Village urban design
guidelines/Vail Village design considerations (adopted June 11, 1980, and revised
January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985),
Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted
January 16, 1990), Streetscape Master Plan (adopted November 20, 1991),
Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan
(adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994),
environmental strategic plan (adopted 1994), Ford Park management plan (adopted
April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998),
and art in public places strategic plan (adopted November 6, 2001).
14-2-1: DEFINITIONS OF WORDS AND TERMS:
DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development
proposals in the town of Vail. The DRB focuses on evaluating projects based on this
code, master plans, and the design standards as set forth in this code, including
architectural design, site planning, landscaping, site disturbance, etc., The Board
established pursuant to title 3, chapter 4 of this code.
DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth
disturbance and requiring a building or grading permit, including, but not limited to,
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commercial or industrial developments, single- or multi-family housing, construction of
structures, roads and driveways, and installation of utilities.
DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building
containing three (3) or more dwelling units, including townhouses, row houses,
apartments, and condominium units; designed for or used by three (3) or more families,
each living as an independent housekeeping unit.
DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building designed for or used as a dwelling exclusively by one family as an independent
housekeeping unit.
DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached
building containing two (2) dwelling units, designed for or used as a dwelling exclusively
by two (2) families, each living as an independent housekeeping unit.
DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group of
rooms in a single-family, two-family or multiple-family building with kitchen facilities;
designed for or used by one family as an independent housekeeping unit. A dwelling
unit in a multiple-family building may include one attached accommodation unit no
larger than one-third (1/3) of the total floor area of the dwelling.
EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this
code. An employee housing unit as defined in title 12, "Zoning Regulations", of this
code. For the purpose of driveway, parking, and access standards, an EHU shall be
considered a dwelling unit.
LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or
intended to be occupied by a use, building, or structure under the provisions of title 12,
"Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of
this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds.
PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for
reviewing development proposals or any matters pertaining to the commission as
provided by law, resolution, or ordinance, and to act in an advisory capacity to the town
council. The planning and environmental commission focuses on evaluating projects
based on the zoning ordinance, master plans, subdivision regulations, environmental
concerns, etc., The Commission established by title 3, chapter 2 of this Code.
SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or
dish shaped antenna designed to receive radio waves.
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SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line,
creek or stream measured horizontally to a line or location within the lot or site, which
establishes the permitted location of uses, structures, or buildings on the site.
SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site
between a lot or site line and the corresponding setback line within the lot or site.
SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot
or site which establishes the permitted location of uses, structures, or buildings on the
site.
SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback line
extending the full width of the site parallel to and measured from the front lot or site line.
SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line
extending the full width of the site parallel to and measured from the rear lot or site line.
SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line
extending from the front setback line to the rear setback line parallel to and measured
from the side lot or site line.
SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total
building area on a site to the total area of a site, expressed as a percentage. For the
purpose of calculating site coverage, "building area" shall mean the total horizontal area
of any building, carport, porte-cochere, arcade, and covered or roofed walkway as
measured from the exterior face of perimeter walls or supporting columns above grade
or at ground level, whichever is the greater area. For the purposes of this definition, a
balcony or deck projecting from a higher elevation may extend over a lower balcony,
deck or walkway, and in such case the higher balcony or deck shall not be deemed a
roof or covering for the lower balcony, deck or walkway. In addition to the above,
building area shall also include any portion of a roof overhang, eave, or covered stair,
covered deck, covered porch, covered terrace or covered patio that extends more than
four feet (4') from the exterior face of the perimeter building walls or supporting columns.
SLOPE: Defined in title 12, chapter 2 of this code. 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.
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A. Existing, natural: The gradient or configuration of the undisturbed land surface
prior to site improvement of a lot, site, or parcel.
B. Graded, finished: The gradient or configuration of the land surface following
improvement of a lot, site, or parcel.
14-6-7: RETAINING WALLS:
A. General: All retaining walls are reviewed by the Design Review Board or the
Administrator to determine compatibility to the existing topography of and the
materials in use. Retaining walls shall not exceed an exposed face height of six feet
(6'). Within a front setback, retaining walls shall not exceed an exposed face height
of three feet (3'), unless related to access to or development of a structure
constructed on excessive slopes (in excess of 30 percent). Retaining walls
associated with a street located within a public right of way or access to an
underground covered parking structure are exempt from these height limits, but must
be approved by the Design Review Board and shall meet the standards prescribed
in Section 14-10-3 of this Code.
Retaining walls shall be located a minimum of two feet (2') from adjacent private
property boundaries and should be ten feet (10') from the edge of a public street
unless otherwise approved by the town engineer.
All retaining walls over four feet (4') in height, measured from the bottom of a footing
to the top of wall as per the adopted town of Vail building code, shall be engineered
and stamped by a licensed Colorado professional engineer (PE stamp) except in the
right of way, where retaining walls over three feet (3') in height, measured in the
same manner, shall require a PE stamp.
All retaining walls requiring a PE stamp shall be required to have submitted and
approved, prior to building permit release, engineered stamped plans, profiles,
sections, details, and engineering analyses and calculations for each wall type as
required by the town engineer. At a minimum, unless otherwise directed, the
engineering submittal shall include PE stamped plans, and PE stamped typical
details with all engineering design parameters and calculated factor of safety
provided on the details. Plans and details shall be cross referenced.
IV. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
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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 held three separate work sessions to review the proposed text
amendment. The board is supportive of the language submitted to the PEC for their
review. The Design Review Board (DRB) has no formal review over a text amendment to
the Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
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.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are
relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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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.
VI. ENVIRONMENTAL IMPACTS
The proposed regulation amendment does not have identifiable environmental impacts.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
The general purposes of the zoning regulations are for “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”. This text amendment is intended to advance these purposes by providing clear
standards in the zoning code by removing repeated definitions and provided one clear
definition for words used in the code. This added clarity will help to improve customer
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service as residents will be able to more easily navigate through the code and staff will be
more effective in finding relevant sections applying them and answering questions about
them.
2. The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in
the Vail comprehensive plan and is compatible with the development objectives of
the town; and
The proposed text amendment will provide the community, as well as anyone who
references the code, clear standards for planning and development review that can be
applied consistently.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The text amendment largely simplifies the existing regulation and adds clarity.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
By increasing consistency and removing redundancy in the zoning code, the proposed
text amendment would promote a harmonious, convenient and workable relationship
among land use regulations consistent with municipal development objectives. The text
amendment does not conflict with other existing land use documents or municipal
development objectives.
5. Such other factors and criteria the Planning and Environmental Commission and/or
council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section III of this memorandum and the evidence and
testimony presented.
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Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval
to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-
3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12,
Zoning Regulations, Vail Town Code, and amendments to Title 14, Development
Standards, Vail Town Code, to update definitions, to remove redundant definitions, and
regulations for retaining walls, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section III of the September 23, 2019 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATTACHMENTS
A. Title 12 Definitions Draft Ordinance
B. Title 14 Retaining Walls Draft Ordinance
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P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
September 23, 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: Brian Gillette, Pam Hopkins, Rollie Kjesbo, Ludwig Kurz, J ohn
Ryan Lockman, Karen Perez, Brian Stockmar
Absent: None
2.Main Agenda
2.1.A request for the review of a variance from Section 12-14-17, Setback from
Watercourse, Vail Town Code, in accordance with the provisions of Section
12-17, Variances, Vail Town Code, to allow for the on-site relocation of a
natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23,
Vail Meadows Filing 1, and setting forth details in regard thereto. (P E C19-
0042)
20 min.
Applicant:Peregrine Group Development L L C, represented by Krueger
Architecture
Planner:J onathan Spence
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Prior to submitting for a building permit, the applicant shall provide the
Community Development Department all required approvals from the
US Army Corps of Engineers (US A C E) related to the project, to be
reviewed and approved by the Town Engineer.
Planner Spence: I ntroduced the project by showing its location and
describing previous approvals. The applicant observed a small seasonal
stream after project approval, which was not previously known. The variance
process helped to create a plan for this development that is supported by the
Public W orks department and Environmental Sustainability department.
Chairman Stockmar: Clarified the difference between watercourses
identified by the Town and a seasonal stream.
Spence: Stated that these seasonal streams are not identified by the town.
Pavan Krueger: W orked with Kathy of C E RE S and S GM to understand the
landscaping and water flows on site. The capacity of the waterway may
increase to 1.5x its current size through this design. After this variance, the
applicant will have to work with the Army Corps of Engineers for this
mitigation. There may have been an informal diversion for this stream at one
point.
Stockmar: I s this stream itself a diversion from its original course?
Krueger: Stated it was likely, but there is no record of when this might have
happened.
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Commissioner Hopkins: Asked where the proposed diversion will go.
Krueger: The stream will be moved into the side setback and will be directed
to a culvert under the driveway. I t will exit into the neighbor ’s property.
Stockmar: Asked if there would be any increase of flow.
Krueger: Stated there would be none.
Commissioner Perez: Asked if the neighbor was notified.
Planner Neubecker: Stated the neighbor to the north had received the
notice, and they came into the Community Development department to ask
about the variance. He stated that the neighbor was in support, as long as
the stream enters the neighbor ’s property in the same location.
Krueger: They will not be creating a concrete culvert, but it will be a rock-
lined channel. I t will be better than the existing culvert. She stated they will
also do drainage studies.
Public Comment: None
Commissioner Kjesbo: I n support, felt that this was the right way to deal with
this situation.
Commissioner Gillette: I n support, warned about paying attention to
maintenance.
The remaining commissioners stated that they agreed with the variance.
J ohn-Ryan Lockman moved to approve with conditions. Rollie Kjesbo
seconded the motion and it passed (7-0).
2.2.A request for a recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations
amendments to Title 12, Zoning Regulations, Vail Town Code, and
amendments to Title 14, Development Standards, Vail Town Code, to update
definitions, to remove redundant definitions, and regulations for retaining
walls, and setting forth details in regard thereto. (P E C19-0017)
10 min.
Applicant:Town of Vail
Planner:Erik Gates
Planner Gates: Provided and described to the Commission the requested
changes from the previous meeting. He stated that definitions removed in
Title 14 now make reference to the corresponding definitions in Title 12.
Commissioner Kurz: Confirmed that the changes were a result of the P E C
comments and concerns.
Chairman Stockmar: W arned about unintended consequences when
language removed form codes or moved.
Gates: Discussed the process related to consistent language and stated that
the definitions to be removed in Title 14 all had identical or near identical
language in Title 12.
December 17, 2019 - Page 117 of 267
Commissioners expressed support
Public Comment: None
Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the
motion and it passed (0-0).
2.3.A request for a recommendation to the Vail Town Council, 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 W ildland Urban I nterface to reduce the risk of wildfire,
and setting forth details in regard thereto. (P E C18-0035)
45 min.
Applicant:Town of Vail
Planner:Chris Neubecker
Planner Neubecker: I ntroduced the application by talking about the changes
requested by the Commission at the previous meeting, and how changes
were incorporated into the amendment proposal. These included changing
some “shall” language to “should,” consistent lowercase use of “the town,”
and changing “occupants” to “tenants.” Asked for any direct questions or
feedback from the Commission.
Commissioner Hopkins: Asked how this regulation might apply to
condominium association exterior renovations.
Paul Cada: Answered by stating that they wanted to start with an amendment
that would help push the town at the right direction. Wanted to start with new
construction and additions. Even at this level they feel that this pushes the
town in the right direction.
Neubecker: Stated that a lot of new construction in Vail is already using
these noncombustible materials, with heavy timbers and other materials that
meet this regulation. Rather than proposing a regulation that is heavy
handed, we are starting with regulations that can be supported by the
community.
Chairman Stockmar: Stated that the impression he had been getting is that
while spacing is important, using the right materials for building is key for
preventing fire from spreading in town.
Commissioner Gillette: Stated that it’s hard to find materials that you couldn’t
use from the materials list. I t might have been easier to tell what someone
what they can’t use instead of what they can.
Hopkins: Asked about the 100 foot radius, regarding defensible space. I s
that for trees?
Gillette: Stated that Commissioner Kjesbo had previously asked about the
recommendation to trim the first 8 feet of trees at the last meeting, and this
had not been addressed. Code still says “should” not “shall”. Has concerns
about meeting code when new trees are planed at time of permit issuance.
Cada: Stated that the intent is to have this rule apply only to mature trees,
not newly planted trees. He explained the language in the landscaping guide,
which is geared toward trimming established trees.
December 17, 2019 - Page 118 of 267
Gillette: Pointing to Section 14-10-8, wanted clarification for the
recommendation to trim the first 8 feet or to trim one-third or less of the tree.
Then pointed to a picture that is listed as an example of good compliant
landscaping, and showed that one of the trees was not pruned in the picture.
He stated that the landscaping looks good because it is out of proposed
compliance. He is worried about requiring applicants to trim 2 feet of
branches off of a new 6 foot tree.
Cada: Stated that the intention is, as written, to only apply this provision for
established trees.
Stockmar: Stated that the referenced guidelines are not law as they can be
changed by the Fire Department without P E C approval.
Chief Novak: Clarified that this gives the Fire Department the ability to make
a determination on whether a tree should be pruned based on the
surrounding landscaping. A tree over an irrigated lawn would need less
trimming than a tree over high bushes or shrubs.
Gillette: W orried that this trimming based on context would result in removing
screening. Also, mentioned the issue of many trees being on a property line.
Stockmar: This puts a lot of burden on the Fire department and wants to
make sure the department has capacity for this.
Cada: Stated that they already do a lot of this review. Planning already does
landscaping inspections, so they can do the final review that includes the
Fire department requirements.
Novak: Stated that changes to landscaping standards do not go to Town
Council. Talked about an example where the standards were amended
administratively for streamside landscaping.
Perez: Clarified that these guidelines may change depending on
circumstance.
Gillette: Stated he had a problem with this. Does this mean that today we are
talking about whatever guidelines get put in place at any given time in the
future?
Neubecker: Yes
Gillette: Stated he was not comfortable with this and he couldn’t vote for
something if he didn’t even know what it is.
Neubecker: Mentioned that if Gillette is not comfortable with these
regulations, in this form, he could vote against it. Also, he could make a
recommendation that something in the regulations be changed.
Gillette: W anted the current guidelines to be codified and they can be
amended as needed. Wants to incorporate the guidelines by name and date.
Kjesbo: Asked a question clarifying when and where these guidelines would
apply.
No public comment.
Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the
December 17, 2019 - Page 119 of 267
motion and it passed (6-1).
Ayes:(6)Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar
Nays:(1)Gillette
2.4.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)
The applicant has requested this item be tabled to October 28, 2019.
5 min.
Applicant:Town of Vail, represented by Victor Mark Donaldson Architects
Planner:Chris Neubecker
Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.5.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)
The applicant has requested this item be tabled to October 28, 2019.
2 min.
Applicant:Town of Vail, represented by Victor Mark Donaldson Architects
Planner:Chris Neubecker
Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.6.A request for a recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land
Use Plan, specifically the Chamonix Master Plan and the Chamonix Land
Use Category and setting forth details in regard thereto. (P E C19-0040)
The applicant has requested this item be tabled to October 14, 2019.
5 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.7.A request for the review of a variance from Section 12-21-10 Development
Restricted, Vail Town Code, in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for development in the Housing
Zoning District on a slope of forty percent (40%) or greater, located at 2420
Chamonix Lane/the western portion of Parcels B and the northern portion of
Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1
(Future Lot E, Chamonix Vail Community Subdivision), and setting forth
details in regard thereto. (P E C19-0036)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
December 17, 2019 - Page 120 of 267
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.8.A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of a portion of 2399 North Frontage Road
West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from
the General Use (GU) District to the Housing (H) District and setting forth
details in regard thereto. (P E C19-0033)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.9.A request for review of a Minor Subdivision, pursuant to Section 13-4,
Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community
Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of
Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard
thereto. (P E C19-0032)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.10.A request for the review of an Amended Development Plan, pursuant to
Section 12-6I -11, Development Plan Required, Vail Town Code, for
amendments to the Chamonix Vail Community Development Plan, Parcel B
and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail
Das Schone Filing No. 1 and setting forth details in regard thereto.
(P E C19-0035)
The applicant has requested this item be tabled to October 14, 2019.
2 min.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
2.11.A request for the review of a Conditional Use Permit, pursuant to Section
12-16, Conditional Use Permits, Vail Town Code, to allow for the
construction of dwelling units within the Housing (H) zone district, located at
located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion
of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No.
1and setting forth details in regard thereto. (P E C19-0034)
2 min.
December 17, 2019 - Page 121 of 267
The applicant has requested this item be tabled to October 14, 2019.
Applicant:Town of Vail, represented by George Ruther
Planner:J onathan Spence
Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded
the motion and it passed (7-0).
3.Approval of Minutes
3.1.September 9, 2019 P E C Results
Stockmar: There’s a question mark at the end of one of his sentences, on
page 4, that is a statement. Needs to be corrected.
Karen Perez moved to approved. Rollie Kjesbo seconded the motion and it
passed (6-0).
Abstain:(1)Hopkins
4.Adjournment
Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it
passed (7-0).
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
December 17, 2019 - Page 122 of 267
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 : O rdinance No. 21, S eries of 2019, F irst R eading, A n O rdinance authorizing the
sale of certain vacant land in the C hamonix Vail C ommunity to S T K Capital L L C f or $875,000
P RE S E NT E R(S ): Matt Mire, Town A ttorney
AC T IO N RE Q UE S T E D O F C O UNC IL : A pproved, approve with modif ications, or deny
Ordinance No. 21, Series of 2019 on first reading
B AC K G RO UND: T he Vail Town Council instructed the town staff to submit the necessary
development review applications to facilitate the sale of a vacant parcel of land in the C hamonix
Vail C ommunity S ubdivision. This parcel of land was intentionally lef t vacant at the time of the
development of the C hamonix Vail Townhomes with the intent to sell the parcel in the future for
f ree-market and deed-restricted development.
S TAF F RE C O M M E ND AT I O N: The town staff recommends the Vail Town Council approves
Ordinance No. 21, Series of 2019, on first reading. A pproval of this ordinance aligns with town
council direction and f urthers the Town's goal of acquiring 1,000 new deed restrictions by the year
2027.
AT TAC H ME N TS :
Description
Ordinance N o. 21 Series of 2019
Chamonix P ar cel E Sale-0121219
Parcel E P S A-A121219
December 17, 2019 - Page 123 of 267
To: Vail Town Council
From: George Ruther, Housing Director
Date: December 17, 2019
Subject: Ordinance No. 21, Series of 2019
I. PURPOSE
The purpose of Ordinance No. 21, Series of 2019, is to authorize the sale of certain real
property in the Chamonix Development to STK Capital, LLC for $875,000.
Pursuant to the Vail Town Charter, authorization from the Vail Town Council is required
to sell town-owned real estate property.
This action furthers the goals and priorities outlined in the Vail Town Council Action Plan
2018 – 2020. As a result of this sale, the Town will be better positioned financially to
continue its path towards acquiring 1,000 new deed restrictions by the year 2027.
II. BACKGROUND
The Vail Town Council authorized the development of the Chamonix Vail Neighborhood
in West Vail. In doing so, a development plan was established and the new
neighborhood was built. During the design phase of the development it was determined
that a portion of the site was challenging to build upon affordably and better suited for
free-market residential development later. Free-market development is permitted in the
Housing (H) district. With that in mind, the Chamonix Vail Community Townhouse Plat
was subsequently created, setting aside Parcel E for future development.
On November 20, 2018, the Vail Town Council instructed the Housing Department staff
to prepare and submit the development applications needed to facilitate the sale and
subsequent residential development on Parcel E, pursuant to the provisions of the
Housing (H) district. Further, the Town Council affirmed the terms of the sale of the
property, including the sales price which based upon a recently completed real estate
appraisal, and instructed staff to actively begin marketing the property for sale. Any
sale would be contingent upon the Town’s verification that a final plat had been
recorded.
December 17, 2019 - Page 124 of 267
Town of Vail Page 2
III. STAFF RECOMMENDATION
The town staff recommends the Vail Town Council approves Ordinance No. 21, Series
of 2019, on first reading. In forwarding this recommendation, the town staff finds the
real estate contract meets, or exceeds, the terms affirmed by the Vail Town Council on
November 20, 2018.
As a result of this action, the Town of Vail realizes approximately $875,000 in net
proceeds from the sale and acquires one (1) new deed-restricted property totaling at
least 1,200 in size with a deed restriction value of nearly $100,000.
December 17, 2019 - Page 125 of 267
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ORDINANCE NO. 21
SERIES 2019
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN VACANT
LAND IN THE CHAMONIX VAIL COMMUNITY TO STK CAPITAL LLC
FOR $875,000
WHEREAS, the Town owns the real property legally described as Chamonix Vail
Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract
D, Vail Das Schone Filing No. 1 (the "Property");
WHEREAS, the Town is not using the Property for municipal purposes;
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance; and
WHEREAS, the Town Council finds and determines that the sale of Property to
STK Capital, LLC for $875,000, is in the best interest of the public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of the Property to STK Capital, LLC for $875,000, under the
terms of the Purchase and Sale Agreement attached hereto, which agreement is hereby
approved by this ordinance. The Town Manager is hereby authorized to sign all
documents necessary to complete the sale of the Property, subject to approval of such
documents by the Town Attorney.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2019 and
a public hearing for second reading of this Ordinance set for the 17th day of December,
2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 17th day of December, 2019.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
December 17, 2019 - Page 127 of 267
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and
entered into as of this ____ day of _______________, 2020 (the "Effective Date"), by and
between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home
rule municipal corporation (the "Town"), and Chamonix Parcel E, LLC, a Colorado limited
liability company with an address of 141 East Meadow Drive, Suite 211, Vail, CO 81657
("Buyer") (each a "Party" and collectively the "Parties").
WHEREAS, the Town owns certain real property legally described as Chamonix
Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of
Tract D, Vail Das Schone Filing No. 1, a parcel of vacant land located in the Chamonix
Vail Community (the "Property"); and
WHEREAS, the Town wishes to transfer and convey the Property to Buyer, and
Buyer wishes to acquire the Property from the Town, on the terms set forth in this
Agreement.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Conveyance. The Town agrees to convey, sell, transfer and assign to Buyer, and
Buyer agrees to purchase from the Town, on the terms and conditions of this Agreement,
fee title in the Property, all improvements thereon and any appurtenant rights now owned
by the Town, including, without limitation, development rights, zoning, easements,
utilities, water rights, mineral rights, and air rights.
2. Purchase Price. The Parties agree that the purchase price for the Property shall
be $875,000 (the "Purchase Price"), delivered by Buyer to the Town upon delivery of the
deed at closing, subject to all terms and conditions set forth in this Agreement.
3. Earnest Money. Within 3 days of the Effective Date, Buyer shall deposit $25,000
(the "Earnest Money") with Land Title Guarantee Company (the "Title Company") to be
held in trust until closing, at which time the Earnest Money shall be applied against the
Purchase Price.
4. Merchantability of Title; Objections to Title.
a. Within 10 days of the Effective Date, the Town, at its expense, shall provide
Buyer with a current title commitment for the Property.
b. If Buyer deems, in its sole discretion, that title for any reason is not
merchantable or otherwise unsatisfactory to Buyer, Buyer shall within 10 days of receipt
of the title commitment give notice thereof to the Town, and the Town shall make a
reasonable effort to correct any defects objectionable to Buyer prior to closing. If the
Town is unable or unwilling to correct such defects prior to closing, this Agreement, at
Buyer's option, may be declared void and of no force or effect. In the event of such
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termination, the Parties shall have no further rights or obligations hereunder and the
Earnest Money shall be returned to Buyer.
c. The Town acknowledges that the Purchase Price is full and just
compensation for all of its interests, the interests of all lienholders, deed of trust holders
and beneficiaries, mortgagees, lessees (whether or not the lease is recorded), and any
and all other legal or equitable interests in the Property that exist at closing.
5. Common Interest Community.
a. Buyer acknowledges that the Property is located in a Common Interest
Community (the Vail Chamonix Community) and is subject to the declaration, bylaws and
rules and regulations of the Community. The declaration, bylaws and rules and
regulations impose financial obligations on the Property, including an obligation to pay
assessments of the Association. In addition, the declaration, bylaws and rules and
regulations may prohibit changes to the Property without approval of the Association or a
committee thereof.
b. The Town shall cause all of the Community documents, including without
limitation the declaration, bylaws and rules and regulations, to be delivered to Buyer within
10 days of the Effective Date.
c. If Buyer deems, in its sole discretion, that the Community documents for
any reason are not satisfactory to Buyer, Buyer may within 10 days of receipt of the
Community documents terminate this Agreement by giving written notice thereof to the
Town, in which case the Parties shall have no further rights or obligations hereunder and
the Earnest Money shall be returned to Buyer.
6. Mineral Interest Disclosure. Buyer acknowledges that: the surface estate of the
Property may be owned separately from the underlying mineral estate; transfer of the
surface estate may not include transfer of the mineral estate; and surface use agreements
may exist on the Property.
7. Closing.
a. The location of closing shall be at the Title Company, at a time mutually
agreed upon by the Parties on the date later to occur of (i) the date that is 30 days after
satisfaction of the Land Use Conditions (defined below), or (ii) January 15, 2020.
Notwithstanding the foregoing, the date of closing shall be extended day for day as
necessary to allow for the running of the periods described in Sections 4 and 5.
b. At closing, Buyer shall deliver the Purchase Price to the Town in good funds
and the Town shall execute and deliver to Buyer a special warranty deed conveying the
Property to Buyer in fee simple, free and clear of all general real estate taxes and
assessments on the Property, all liens for any improvements installed as of the date of
closing whether assessed or not, and all easements, covenants, liens and encumbrances
that are shown on the title commitment and are not accepted by Buyer.
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c. Closing costs shall be split equally by the Parties.
8. Town's Representations and Warranties. The Town hereby represents and
warrants that the following statements are now, and will be as of the closing date, true
and correct, to the best of the Town's knowledge:
a. There is no action, suit or proceeding pending, or to the best of the Town's
knowledge threatened, against or otherwise affecting the Town or the Property in any
court of law or equity, or before any governmental authority, in which an adverse decision
might materially impair the Town's ability to perform its obligations under this Agreement.
b. The Property is being sold free and clear of all service contracts,
agreements, leases and other occupancy rights.
c. The Town has not received any notice of any violations of any applicable
law related to the Property.
d. The Town is not aware of any special assessments to be levied against the
property after its acquisition by Buyer.
e. The Town shall give Buyer prompt written notice if any of the
representations or warranties made by Buyer in this Agreement are no longer true or
correct in any material manner.
f. The Town has no knowledge of any patent or latent defects, soil
deficiencies, or subsurface anomalies existing on the Property.
g. Each document, schedule, item, and other information delivered by the
Town to Buyer hereunder is accurate and correct.
h. The Town has notified Buyer of all easements, rights-of-way or claims of
possession not shown by record, whether by grant, prescription, adverse possession or
otherwise, as to any part of the Property.
9. Contingencies. Performance by Buyer under this Agreement is expressly
contingent upon the following:
a. Buyer's satisfactory review of all agreements and information affecting the
Property, including a title commitment and title documents to be provided to Buyer by the
Town at the Town's expense;
b. The release or satisfaction of any exceptions shown in the title commitment
for the property, unless Buyer agrees in writing to acquire the Property subject to any
such exceptions; and
c. On the date of closing, the Property shall be: (i) zoned Housing District; (ii)
Ordinance No. 18, Series of 2019 shall be in full force and effect, and (iii) the Town
Council shall have approved this Agreement (collectively, the "Land Use Conditions").
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The Town shall promptly give Buyer written notice of satisfaction of the same, and if the
Town fails to satisfy the Land Use Conditions within 60 days of the Effective Date, Buyer
shall have the right to terminate this Agreement upon written notice to the Town, in which
case the Parties shall have no further rights or obligations hereunder and the Earnest
Money shall be returned to Buyer.
10. Remedies. If the Town fails to close on this Agreement for any reason, Buyer shall
not be entitled to enforce this Agreement through an action for specific performance, nor
shall Buyer be entitled to any damages from the Town for any such failure, and Buyer's
exclusive remedy shall be the rescission of this Agreement and refund of the Earnest
Money. If Buyer fails to close on this Agreement for any reason other than one of the
contingencies set forth in Sections 4, 5 or 9 or a default by the Town hereunder, the Town
shall be entitled to retain the Earnest Money as the Town's sole and exclusive remedy.
11. Possession. Possession of the Property shall be delivered to Buyer at closing.
12. Miscellaneous.
a. Entire Agreement. This Agreement contains the entire agreement of the
Parties. There are no other agreements, oral or written, and this Agreement can be
amended only by written agreement signed by the Parties.
b. Agreement Binding. This Agreement, and the terms, covenants, and
conditions herein contained, shall inure to the benefit of and be binding upon the heirs,
personal representatives, successors, and assigns of the Parties.
c. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement.
d. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
e. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
f. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
g. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
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h. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
i. Counterparts. This Agreement may be executed in electronic or facsimile
counterparts, each of which when so executed shall be deemed to be an original, and all
of which when taken together shall constitute one original signed agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Dave Chapin, Mayor
ATTEST:
__________________________________
Tammy Nagel, Town Clerk
CHAMONIX PARCEL E, LLC
_______________________________
STATE OF ______________ )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2020 by ______________________ as
_____________ of Chamonix Parcel E, LLC, a Colorado limited liability company.
My commission expires:
(S E A L) ________________________________
Notary Public
December 17, 2019 - Page 132 of 267
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 : O rdinance No. 17, S eries 2019, S econd Reading, A n Ordinance providing for
the levy assessment and collection of town ad valorem property taxes due for the 2019 tax year
and payable in the 2020 fiscal year.
P RE S E NT E R(S ): C arlie S mith, F inancial S ervices Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, or approve with amendments Ordinance No.
17, S eries 2019.
B AC K G RO UND: Please see attached memo.
S TAF F RE C O M M E ND AT I O N: Approve O rdinance No. 17, S eries 2019.
AT TAC H ME N TS :
Description
mil levy
December 17, 2019 - Page 133 of 267
TO: Vail Town Council
FROM: Finance Department
DATE: December 17, 2019
SUBJECT: Mill Levy Ordinance
I. SUMMARY
Authorization for the collection of property taxes in 2020
II. DISCUSSION
At the last Council meeting on December 3rd, you were asked to table the second reading of this
ordinance based on a notification from Eagle County that the valuations were being revised. We
have now received the updated valuations and the second reading of this mill levy ordinance has
been revised accordingly.
Staff requests that Council approve this ordinance upon second reading on Tuesday evening.
This ordinance authorizes the collection of property taxes in 2020 based upon 2019 assessed
valuations of property within the town’s boundaries. Eagle County is responsible for assessing
values and for collecting property taxes on our behalf. The town is required by Colorado state
law to certify the mill levy by December 15 of each year. The certification has been submitted to
the County.
The attached ordinance has been updated to reflect revised assessed valuations from the
county. The valuations decreased by 0.19% from earlier estimates, or approximately
$10,568 impact to the previous valuation. The 2020 budget was set conservatively at
$5,640,000 so was not affected by the change in valuation.
The property tax authorized by the attached ordinance will generate $5,653,679 in revenue in
2020, representing approximately 8% of the town’s total revenue.
December 17, 2019 - Page 134 of 267
Ordinance 17, Series of 2019
ORDINANCE NO. 17
SERIES OF 2019
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2019 TAX YEAR AND
PAYABLE IN THE 2020 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2019 year and payable in the 2020
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2020 fiscal year, the Town Council hereby levies a property
tax of 4.712 mills upon each dollar of the total assessed valuation of $1,205,475,330 for the 2019
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,680,199 calculated as follows:
Base mill levy 4.690 $5,653,679
Abatement levy .022 _ 26,520
Total mill levy 4.712 $5,680,199
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
December 17, 2019 - Page 135 of 267
Ordinance 17, Series of 2019
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 19th day of November, 2019. A public hearing shall be
held hereon at 6 P.M. on the 17th day of December, 2019, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
______________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Scott Robson, Town Manager
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL
this 17th day of December 2019.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
December 17, 2019 - Page 136 of 267
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 : O rdinance No. 19, S eries of 2019, S econd Reading, A mendments to Title 10,
Title 12 and Title 14 of the Town of Vail Code R elated to W ildland Urban I nterface Building
Construction and L andscaping.
P RE S E NT E R(S ): Mark Novak, Fire Chief ; P aul C ada, W ildland P rogram Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny
Ordinance No. 19, Series of 2019, upon second reading.
B AC K G RO UND: T he applicant, the Town of Vail is proposing to amend Title 10, Title 12 and
Title 14 of the Town of Vail C ode to increase ignition resistance of new construction and
landscaping.
S TAF F RE C O M M E ND AT I O N: A pprove on second reading Ordinance No. 19, S eries of
2019.
AT TAC H ME N TS :
Description
Staff Memo O rdinance N o 19 Series of 2019
Attachment A Fire D epartment Memo
Attachment B Text Amendments Title 12 C h 11
Attachment C Text Amendments Title 12 C h 21
Attachment D Text Amendment Title 14 Ch 2
Attachment E Text Amendment Title 14 Ch 10
Attachment F O rdinance N o. 19 Series of 2019
Attachment G B uilding C ode Definitions
Attachment H Fir e Resistant Landscape G uidelines
Attachment I Recommended Plant Brochure
December 17, 2019 - Page 137 of 267
TO: Town Council
FROM: Community Development Department
DATE: December 17, 2019
SUBJECT: Second 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.
Town Council approved Ordinance No. 19 Series of 2019 upon first reading on
December 3, 2019 (7-0).
The following attachments are available for review:
• Attachment A - Applicant’s Narrative / Fire Department Memo
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Town of Vail Page 2
• Attachment B, C, D and E - Proposed Text Amendments
• Attachment F – Ordinance No. 19 Series 2019
• 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 second 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.
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Town of Vail Page 3
On September 9, 2019 the PEC reviewed this application and requested additional
changes. The PEC requested the following changes:
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.
Town Council approved Ordinance No. 19 Series of 2019 upon first reading on
December 3, 2019 (7-0).
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:
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Town of Vail Page 4
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:
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
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Town of Vail Page 5
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
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:
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Town of Vail Page 6
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
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
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Town of Vail Page 7
(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.
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
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Town of Vail Page 8
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
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.
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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
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
second reading, the Community Development Department recommends the Council
pass the following motion:
"The Vail Town Council approves Ordinance No. 19, Series 2019, upon second
reading to approve Prescribed Regulations Amendments pursuant to Section 12-
3-7, Amendment, Vail Town Code, to amend Title 10, Building Regulations, 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
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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
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 17, 2019 - Page 147 of 267
To: Vail Town Council
From: Mark Novak, Fire Chief and Paul Cada, Wildland Program Manager
Date: December 17, 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
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Town of Vail Page 2
well received programs within the town including: large scale fuels reduction projects,
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. Approve on second reading 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
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Interface Code, and to amend regulations on building design and landscaping in
the wildland urban interface to reduce the risk of wildfire.
December 17, 2019 - Page 151 of 267
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 17, 2019 - Page 152 of 267
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
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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
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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.
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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
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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.
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(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
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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.
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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.
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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
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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)
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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
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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 17, 2019 - Page 189 of 267
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 17, 2019 - Page 224 of 267
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 17, 2019 - Page 225 of 267
n
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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 17, 2019 - Page 226 of 267
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 17, 2019 - Page 227 of 267
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 17, 2019 - Page 228 of 267
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 17, 2019 - Page 229 of 267
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 17, 2019 - Page 230 of 267
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 17, 2019 - Page 231 of 267
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
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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
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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
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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 17, 2019 - Page 235 of 267
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
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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 17, 2019 - Page 237 of 267
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 17, 2019 - Page 238 of 267
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
___________________________________________________________________________
___________________________________________________________________________
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13
December 17, 2019 - Page 239 of 267
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 17, 2019 - Page 240 of 267
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 17, 2019 - Page 241 of 267
75 South Frontage Road
Vail, Colorado 81657
970.479.2250 | vailgov.com/fire
Photos by Townsend Bessent
December 17, 2019 - Page 242 of 267
FIRE-RESISTANT
LANDSCAPING
PLANT RECOMMENDATIONS
Preserve and enhance the natural
landscape character while protecting
your home from wildfire.
December 17, 2019 - Page 243 of 267
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 17, 2019 - Page 244 of 267
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 17, 2019 - Page 245 of 267
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 : O rdinance No. 20, S eries of 2019, S econd Reading, A n Ordinance Making
A djustments to the Town of Vail General F und, C apital Projects F und, Housing F und, R eal E state
Transf er Tax F und, Marketing F und, Heavy E quipment F und, and Dispatch S ervices Fund.
P RE S E NT E R(S ): C arlie S mith, F inancial S ervices Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove or approve with amendments Ordinance No.
20, S eries 2019.
B AC K G RO UND: Please see attached memo.
S TAF F RE C O M M E ND AT I O N: Approve or approve with amendments Ordinance No. 20,
S eries 2019.
AT TAC H ME N TS :
Description
Ordinance N o. 20 Series, 2019 Second Reading
December 17, 2019 - Page 246 of 267
TO: Vail Town Council
FROM: Finance Department
DATE: December 17, 2019
SUBJECT: 2019 Supplemental Appropriation
On Tuesday evening you will be asked to approve Ordinance 20, Series 2019, the
second supplemental budget appropriation of 2019 upon second reading.
Across all funds, this supplemental request will adjust the budget to reflect $2,161,326
of additional revenue and proposes an increase of $6,820,706 to expenditures. The
fund statements are also attached.
The following items reflect updates since the first reading:
General Fund:
Budgeted revenue will be adjusted by a $10,000 increase in the real estate transfer tax
(RETT) collection fee, a 5% administration fee paid to the General Fund by the Real
Estate Transfer Tax Fund. The fee increase corresponds with increased RETT revenue
collected year to date (see below increase in RETT).
Budgeted revenue will be adjusted by a $9,000 state I-70 POST grant to be offset by
expenditures for fourteen police officers to attend Spanish language classes.
Capital Projects Fund
Budgeted revenue for a federal grant for reconstruction of Bridge Road Bridge will be
increased by $595,000, for a total expected amount of $895,000 in 2019. This $1.0M
grant was originally budgeted to be reimbursed over two years, $300,000 in 2019 and
$700,000 in 2020. The town had already received $105,000 from the grant in 2017 for
the project design. The project was completed in 2019 with the remaining grant dollars
also received in 2019.
Budgeted revenue will also be increased by $90,000 for an additional 1% franchise fee
from Holy Cross Electric. In May 2019 a new franchise agreement was approved by
Council and Holy Cross which increased the original 3% franchise fee to 4%. The
original 3% franchise fee will remain allocated to the General Fund while the additional
1% will be allocated to the Capital Projects Fund to supplement the Community
December 17, 2019 - Page 247 of 267
- 2 -
Enhancement Fund to share in the costs of undergrounding overhead electric and other
utility lines.
During the afternoon session, Council will receive an update on the Data Center project
at the West Vail Fire station. Staff is requesting to transfer $225,000 of savings from the
Capital Streets Maintenance budget to the Data Center project to cover the additional
funding needed to complete the project.
Housing Fund
During the first reading of this supplemental, Council requested that the $195,000
decrease in budget from a reduction in the number of deed restrictions purchased at
Solar Vail remain in the Housing Fund and be allocated to the InDEED program instead
of being transferred back to the Capital Projects Fund. This has been reflected in both
the Housing and Capital Projects Funds.
Real Estate Transfer Tax Fund
Budgeted revenue will be increased by $200,000 to reflect actual RETT collections
during 2019. Year to date collections total $6.48M compared to an annual budget of
$6,300,000. To correspond with the increase in revenue, an additional $10,000of real
estate transfer tax collection fees will be paid to the General Fund.
December 17, 2019 - Page 248 of 267
2019 1st 2019 2nd 2019Budget Supplemental Amended Supplemental AmendedRevenueLocal Taxes:27,080,000$ 27,080,000$ 27,080,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 62/38 62/38 Sales Tax 16,790,000 16,790,000 16,790,000 Property and Ownership 5,300,000 5,300,000 5,300,000 Ski Lift Tax 5,025,000 5,025,000 5,025,000 Franchise Fees, Penalties, and Other Taxes 1,142,925 1,142,925 1,142,925 Licenses & Permits2,343,328 2,343,328 2,343,328 Intergovernmental Revenue 1,977,104 25,434 2,002,538 115,237 2,117,775 State reimbursements for the following: $6.3K scholarship for I-70 PD officer training; $19.8K NWIMT training; $10.2K for NWIMT missing persons search; $20.9K for NWIMT conference; $49.4K for wildfire deployments; $9K state reimbursement for PD trainingTransportation Centers 5,426,000 5,426,000 5,426,000 Charges for Services 1,016,123 1,016,123 55,878 1,072,001 $21K increase in VRA mgmt. fee; $24.9K contracted PD OT; $10K RETT mgmt. fee increaseFines & Forfeitures 245,563 245,563 245,563 Earnings on Investments 200,000 200,000 200,000 Rental Revenue 1,092,352 10,500 1,102,852 2,040 1,104,892 $2K Homestake rental income Miscellaneous and Project Reimbursements 254,000 6,900 260,900 58,845 319,745 $7.5K sponsorships for hosting the Housing Summit; $51.3K use of friends money for library programs and operations Total Revenue 40,812,395 42,834 40,855,229 232,000 41,087,229 ExpendituresSalaries 19,319,540 92,682 19,412,222 199,530 19,611,752 Transfer $(44.7)K to RETT, Dispatch, HEF as result of compensation study; $30K fire overtime; state reimbursements: $4.1K for NWIMT training; $6.1K for missing person search; $30.8K for wildfire deployment; $15.3K PD training pay; $24.9K PD contracted OT; $114.7K summer bus service; $(10)K use of IT salary savings to contract website maintenance; $28.3K Library seasonal salariesBenefits 7,408,946 21,083 7,430,029 16,418 7,446,447 $4.1K state reimbursement for NWIMT missing persons search; $12.3K state reimbursement for wildfire deployment Subtotal Compensation and Benefits 26,728,486 113,765 26,842,251 215,948 27,058,199 Contributions and Welcome Centers 285,695 20,000 305,695 305,695 TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 3December 17, 2019 - Page 249 of 267
All Other Operating Expenses 8,122,932 167,290 8,290,222 216,824 8,507,046 $7.5K to host Housing Summit; $6.3K state scholarship for I-70 PD officer training; State reimbursements: $15.1K for NWIMT training; $20.9K for NWIMT conference; $6.3K for wildfire deployments; $31.8K repair and insurance relating to bus accidents; $3.5K Homestake utilities and rental dues; $10K website maint contract; $10.5K PrimaVail community guest experience; $19K PrimaVail employee engagement; $15K Winter Intercept Study; $11K Vail Après and bell ringing; $19.9K library operations and $31.4K library programming using Friends of the Library funds; $9K for PD training course-see reimbursement aboveHeavy Equipment Operating Charges 2,497,629 2,497,629 2,497,629 Heavy Equipment Replacement Charges 755,279 755,279 755,279 Dispatch Services 669,590 669,590 669,590 Total Expenditures 39,059,611 301,055 39,360,666 432,772 39,793,438 Transfer to Marketing & Special Events Fund (2,357,788) (50,000) (2,407,788) (135,000) (2,542,788) $120K Revely Vail event; $15K Vail Holiday Transfer to Other Funds- - (44,731) (44,731) Revenue Over (Under) Expenditures (605,004) (308,221) (913,225) (380,503) (1,293,728) Planning ProjectsCivic Area/Dobson Master Plan (250,000) (250,000) (68,000) (318,000) Use of West Vail Master plan savings for Civic Area contract West Vail Master Plan (200,000) (200,000) 68,000 (132,000) Use of West Vail Master plan savings for Civic Area contract Total Expenditures 41,867,399 351,055 42,218,454 612,503 42,830,957 Surplus (Deficit) Net of Transfers & New Programs (1,055,004) (308,221) (1,363,225) (380,503) (1,743,728) Beginning Fund Balance 28,813,182 5,074,958 33,888,140 33,888,140 Ending Fund Balance 27,758,178$ 32,524,915$ 32,144,412$ As % of Annual Revenues68% 80% 78%EHOP balance included in ending fund balance - not spendable 890,000$ 890,000$ 890,000$ 4December 17, 2019 - Page 250 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedRevenueTotal Sales Tax Revenue: 27,080,000$ 27,080,000$ 27,080,000$ 2019 at 2.0% increase from 2018 forecast (5.1% increase from 2017 actuals) Sales Tax Split between General Fund & Capital Fund62/38 62/38 62/38Sales Tax - Capital Projects Fund 10,290,000$ 10,290,000$ 10,290,000$ Use Tax 2,220,000 2,220,000 300,000 2,520,000 2019 based on two year average plus estimated for Lion View, Park Meadows, and Launch Projects; $300K increase in use tax based on actual collectionsFederal Grant Revenue 300,000 300,000 595,000 895,000 $300K in 2019 Federal grant reimbursement for Bridge Rd Bridge repair; $595K Federal grant for Bridge Rd originally budgeted to be received in 2020Other County Revenue - 47,228 47,228 47,228 $47.2K reimbursement from ERWSD for a sewer line at RSES parking structure (see corresponding reimbursement below) Other State Revenue - 168,000 168,000 168,000 $135K public works water quality grant; $33K grant for Police Intel Sharing platform- project expenditures included in the 2018 budget and re-appropriated below.Lease Revenue 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement 200,000 120,655 320,655 78,700 399,355 $58.7K reimbursement from Eagle River Water and Sanitation for Bridge Rd. Bridge; $20K Vail Trail condo association; reimbursement for sidewalk; $200K reimbursement from Holy Cross for 2019/2020 Big Horn Rd and Intermountain project; $20.7K traffic impact reimbursement for VVMC/Frontage Rd. project; $50K use of community enhancement funds for Liftside to Glen Lyon underground utility project; $50K additional use of traffic impact fees for VVMC/Frontage Rd (see corresponding expenditures below)Sale of Vail Village Inn Phase V Unit 2 - 1,547,000 1,547,000 1,547,000 Sale of Vail Village Inn Phase V Unit 2Timber Ridge Loan repayment 489,342 489,342 489,342 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge FundEarnings on Investments and Other 115,201 115,201 965,000 1,080,201 0.7% rate assumed on available fund balance; $875K sale of Chamonix lot; $90K 1% Holy Cross Franchise FeeTotal Revenue 13,778,610 1,882,883 15,661,493 1,938,700 17,600,193 ExpendituresFacilitiesFacilities Capital Maintenance 393,000 276,662 669,662 (117,894) 551,768 In general this line item covers various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). 2019: $142K transfer to parking maintenance for parking structural repairs; $24.1K Vail Village Inn Phase II selling costs; TM residence upgrades including solar panels when replacing 40 year old roof and electrical car charger, Admin remodel, PD garage ventilation project ($276K); PW admin heated walkway repair ($50K), PW admin kitchen update ($15K), PW shops and bus barn maintenance including wood siding maintenance and exhaust system replacement ($130K), TM residence roof, skylight, and solar panel ($70K); Municipal Complex Maintenance 138,750 138,750 138,750 PD window replacement ($80K), PD circulation pump repairs and replacement ($15K), PD elevator drive controls ($44K); Welcome Center/Grandview Capital Maintenance - 100,000 100,000 100,000 $100K for final bills for Welcome Center and furniture replacement at the Grandview including sound panels and audio visual enhancements;Donovan Pavilion 5,000 5,000 5,000 Annual $5K Maintenance to repair HVACPublic Works Shops Expansion 8,000,000 13,406 8,013,406 3,805,000 11,818,406 Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for future building options. $3.8M of additional funding was approved by Council on 7/2 to allow for future vertical expansion on the streets building. Public Works Building Maintenance - 300,000 300,000 300,000 Re-appropriate $300K to replace two HVAC units at Public WorksPublic Works Equipment Wash Down/WQ Improvements - 185,174 185,174 185,174 Improvements to exterior wash area for large trucks to include small heated area to prevent ice buildup (safety issue ) and filtration of waste water TOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 5 December 17, 2019 - Page 251 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND8,536,750 875,242 9,411,992 3,687,106 13,099,098 ParkingParking Structures 700,000 204,914 904,914 142,000 1,046,914 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs; 2019: Re-appropriate for structural repairs to LHTRC, roofing repairs at VTRC, and elevator repairs; $142K transfer from Facilities Maintenance for parking structural repairsParking Entry System / Equipment 93,000 93,037 186,037 186,037 Spare parking system equipment including ticket creator, ticket processor, ticket feeder, circuit boards, power supply modules, print heads ($93K)Red Sandstone Parking Structure (VRA) - 2,614,596 2,614,596 2,614,596 Re-appropriate $2.6M to complete project including all landscaping and parking space monitoring system; Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRALionshead Parking Structure Landscape Renovations (VRA) - 30,291 30,291 30,291 Re-appropriate to complete landscaping ($30.3K);Total Facilities793,000 2,942,838 3,735,838 142,000 3,877,838 TransportationBus Shelters 30,000 30,000 30,000 Bus shelter annual maintenance $30KReplace Buses - 265,024 265,024 265,024 $165K for spare bus part (included in original 2018 budget); Upgrade Nextbus transponders to 4G required for Nextbus software upgradeTraffic Impact Fee and Transportation Master Plan Updates - 30,000 30,000 30,000 $30K to update 20-year Transportation Master Plan to coincide with West Vail Master Plan and Civic Center Master PlanLionshead Express Bus Stop Improvements (VRA) - 25,000 25,000 25,000 Signage at Lionshead Express Bus StopHybrid Bus Battery Replacement - 388,716 388,716 388,716 Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Buses will be replaced in 2-3 yearsTotal Transportation30,000 708,740 738,740 - 738,740 Road and BridgesCapital Street Maintenance 1,225,000 1,225,000 (225,000) 1,000,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K); 2024 includes surface seal ($190K); asphalt mill overlay ($565K); Transfer $225K of savings to the data centerStreet Light Improvements 75,000 75,000 75,000 Annual maintenance to street lights; LED light enhancementsSlifer Plaza/ Fountain/Storm Sewer - 1,484,329 1,484,329 1,484,329 Continue repairs to Silfer Plaza fountain reconstruction and storm sewers ($1.48M)Neighborhood Bridge Reconstruction 800,000 1,532,542 2,332,542 2,332,542 Bridge Road Bridge replacement ($1.7M), Lupine Bridge Repair ($350K)East Meadow Drive Snowmelt 750,000 750,000 750,000 Installation of snowmelt system ($750K)Vail Health / TOV Frontage Road improvements - 70,655 70,655 70,655 Complete design phase of Frontage Rd. improvements ($70.7K)Neighborhood Bridge Repair - 689,134 689,134 689,134 Kinnickinnick (West) Bridge Repair, West Forest Bridge Repair ($689,143); , Major Bridge Repair Projects are determined based on bi-annual bridge inspectionSeibert Fountain Improvements - 400,000 400,000 400,000 Fountain software system and valve upgrades at Seibert FountainMain Vail Roundabout 250,000 250,000 250,000 Main Vail Roundabout truck apronNeighborhood Road Reconstruction 400,000 400,000 400,000 East Vail major drainage improvements ($400K)Vail Trail Sidewalk Connection 85,000 85,000 10,000 95,000 Connect Vail sidewalk on Vail Valley Drive in front of Vail Trails Chalet complex; $10K additional per contract approved by Council on 8/6West Lionshead Circle Crosswalks (VRA) 250,000 250,000 250,000 Crosswalk at West Lionshead circle to be done in lieu of Vail Spa heated walk; $44K to be reimbursed by The LionMill Creek Heated Walk125,000 125,000 125,000 TOV portion of 50/50 shared project with homeowners for heated sidewalk at Kendell Park/Mill Creek ($125K). This project will be managed by the HOA at an estimated total cost of $150K. I-70 Underpass (VRA) - 492,990 492,990 492,990 The town's portion to complete and pay final bills for the I-70 underpass 6 December 17, 2019 - Page 252 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTotal Road and Bridge3,585,000 5,044,650 8,629,650 (215,000) 8,414,650 ContributionsChildren's Garden of Learning-Capital 32,500 32,500 32,500 Council contribution to build a fence around front yard.Vail Valley Foundation- Capital 55,000 55,000 55,000 Council Contribution towards installation of the video screen at the Ford AmphitheaterTotal Contributions87,500 - 87,500 87,500 TechnologyTown-wide camera system 70,000 70,000 70,000 2019 replace Bosch system(30 cameras); $22K Annual maintenanceAudio-Visual capital maintenance 18,000 18,000 18,000 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome CenterDocument Imaging 30,000 30,000 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 144,410 182,867 327,277 327,277 2019-2020: Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2019: virtual desktop replacement ($239K); Asset Mgmt. System ($75K); Asset Mgmt. annual maintenance and licensing agreement ($50K)Hardware Purchases 50,000 63,927 113,927 113,927 Replacement of 20-25 workstations per year per scheduleWebsite and e-commerce 12,000 12,000 12,000 Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24KFiber Optics / Cabling Systems in Buildings 90,000 90,000 90,000 NWCOG Project THOR Broadband project Meet Me Center $75KNetwork upgrades 380,000 (350,000) 30,000 30,000 Computer network systems - replacement cycle every 3-5 yearsData Center (Computer Rooms) 2,033,000 240,043 2,273,043 225,000 2,498,043 2nd half of hyper-converged infrastructure (HCI) equipment $750K, Data Center remodel at Station 3 $1.2M, Cooling/UPS system upgrade for data center in Muni building $128K; Re-appropriate $40K to complete 1st phase of data center remodel includes $200K 10% contingency; Transfer $225K from capital streets maintenanceData Center equipment replacement and generator - 159,406 159,406 159,406 Final bills to replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Thermal Imaging Cameras 12,000 12,000 12,000 For the purchase of 3 cameras which will allow firefighters to see through areas of smoke, darkness, or heat barriersBroadband (THOR) - 35,000 35,000 35,000 $35K for fiber from West Vail fire station to CDOT I-70 fiber connection for Project THORPhone System - 45,077 45,077 45,077 Final payment for phone system upgrade: ($32.2K), normal replacement of Ipads, Iphones ($13K)Bus Camera System 15,000 15,000 15,000 Installation of software and cameras in buses; 2019/20 annual capital maintenance of camera replacement, etc.Business Systems Replacement 30,000 142,334 172,334 172,334 Re-appropriate for sales tax software ($134K), and new bus scheduling software ($8K); $30K every other year for parking system upgradesTotal Technology2,884,410 518,654 3,403,064 225,000 3,628,064 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 50,000 91,000 141,000 141,000 $50K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; 2019: Police Department Records Mgmt. system SQL licensing ($91K)Public Safety Equipment 39,643 33,000 72,643 72,643 Intel Sharing Platform ($33K) covered by grant; Speed Signs ($7.8K), Rifle noise suppressors ($23.1K), pole camera ($8.6K)Police patrol car cameras - 56,635 56,635 56,635 $56.6K for new PD patrol car cameras (last replaced in 2013).Fire Safety Equipment 59,000 59,000 59,000 Long Range acoustical device ($50K), personal protective equipment dryer ($9K)Extrication Equipment - 4,626 4,626 4,626 Re-appropriate for final billsEvent Equipment 77,892 77,892 77,892 Event trailer and moveable barricades to provide barriers for vehicle entry into event areas 7 December 17, 2019 - Page 253 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDFire engine equipment - 20,024 20,024 20,024 Appropriate to complete purchases of necessary fire engine equipment to fully equip 4th fire engine; this will allow this vehicle to be used when other engines our being repaired or in an emergencyRadio Equipment replacement/expansion - 12,601 12,601 12,601 Seven back-up radios for PW; 2018: Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF; Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018)Total Public Safety226,535 217,886 444,421 - 444,421 Community and Guest Service Energy Enhancements - 73,847 73,847 150,000 223,847 Electric car charges at various town locations ($73.8K); $150K for electrical infrastructure at the Lionshead Parking structure for 4 car charging stationsPedestrian Safety Enhancements - 1,479,116 1,479,116 1,479,116 Replace 40+ year old overhead lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); project includes underground electrical enhancements for lightingCivic Area Redevelopment - 100,000 100,000 100,000 Preliminary design plans to vet broader master plan conceptsSale of Property - 18,000 18,000 18,000 Closing costs for sale of two properties (VVI Phase V Unit 2 and Chamonix Parcel D/E); plus some administrative costs to bringing Parcel D/E through the PEC process to subdivide and update zoningUnderground Utility improvements - 696,675 696,675 696,675 $50K for undergrounding electric between Glen Lyon office building and Liftside- see reimbursement above; $71K for CDOT project at I-70 underpass; $2.1M for Big Horn Rd and Intermountain Eastern portion projects to be completed in 2018 using Community Enhancement Funds ($1.1M reimbursement from the Holy Cross enhancement funds)Guest Services Enhancements/Wayfinding - 225,900 225,900 225,900 $225.9K for new street signs and accompanying light poles town-wideRockfall Mitigation near Timber Ridge 400,000 400,000 400,000 Rock fall mitigation near Timber RidgeVehicle Expansion 115,100 115,100 115,100 Police chief vehicle ($39K), building inspector vehicle ($37.1K), Town engineer vehicle ($39K); 2020: 2 commander vehicles ($80K)Total Community and Guest Service515,100 2,593,538 3,108,638 150,000 3,258,638 Total Expenditures 16,658,295 12,901,548 29,559,843 3,989,106 33,548,949 Other Financing Sources (Uses)Transfer from Vail Reinvestment Authority 3,050,000 798,281 3,848,281 3,848,281 $3.0M Red SandstoneTransfer to Housing Fund (2,500,000) (2,500,000) (1,525,259) (4,025,259) Transfer to Housing Fund; 2.5M per year; $1.5M transfer for sale of VVI unitRevenue Over (Under) Expenditures (2,329,685) (10,220,384) (12,550,069) (3,575,665) (16,125,734) Beginning Fund Balance 14,323,349 18,725,072 33,048,422 33,048,422Ending Fund Balance 11,993,664 20,498,352 16,922,687 8 December 17, 2019 - Page 254 of 267
2019 1st 2019 2nd 2019
Original Supplemental Amended Supplemental Amended
Revenue
Housing Fee in Lieu Annual Collections -$ -$ 421,032$ 421,032$ Collected in 2019
Capital Projects Funding - InDeed 2,500,000 2,500,000 2,500,000
Capital Projects Funding - Real Estate Sales 1,525,259 1,525,259 VVI sale
Total Revenue 2,500,000 - 2,500,000 1,946,291 4,446,291
Expenditures
InDEED Program 2,500,000 840,274 3,340,274 1,720,259 5,060,533
Use of VVI sales revenue for
InDEED program; Transfer
$195K from Solar Vail
Town of Vail Rental Inventory
- -
362,000 362,000
$327K to purchase Homestake
Unit B212 using Housing Fee in
Lieu plus $35K for renovations
to that unit
Solar Vail Housing Development - 4,225,000 4,225,000 (195,000) 4,030,000 Transfer $195K savings to
InDEED Program
Buy Down Housing - 247,428 247,428 59,032 306,460
Remaining balance of Housing
Fee in Lieu 2019 collections
after funding Homestake unit
purchase and renovation
Total Expenditures 2,500,000 5,312,702 7,812,702 1,946,291 9,758,993
Operating Income - (5,312,702) (5,312,702) - (5,312,702)
Beginning Fund Balance - 5,312,702 5,312,702 5,312,702
Ending Fund Balance -$ -$ -$
TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
9
December 17, 2019 - Page 255 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedRevenueReal Estate Transfer Tax 6,300,000$ 6,300,000$ 200,000$ 6,500,000$ 2019 flat with 2018 forecast (5 year average growth is 3.2%); $200K increase based on actual collectionsGolf Course Lease 166,650 166,650 166,650 Annual lease payment from Vail Recreation District; annual increase will be based on CPIIntergovernmental Revenue 1,170,000 398,398 1,568,398 167,589 1,735,987 $300K Eagle County reimbursement for Lupine open space parcel; $5K grant for curbside recycling programs- See corresponding expenditure below; $24.3K reimbursement from ERWS for the Dowd Junction retaining wall- See corresponding expenditure below; $30K Fishing is fun grant (carryforward from 2018); $39K GoCo grant (carryforward from 2018); $150K reimbursement from ERWSC and $1M from Eagle County for restabilization of Down Junction; $20K lottery proceeds; $167.6K state grant for Westhaven stormwater filtration upgrades- see corresponding expenditure belowProject Reimbursements - - 40,000 40,000 $20K reimbursement from Grand Hyatt for Westhaven stormwater filtration upgrades- see corresponding expenditure below; $20K reimbursement from Vail Resorts for design costs for Gore Valley Trail realignment- see corresponding expenditure belowDonations - 219,400 219,400 20,000 239,400 $169.4K community funding for the Seibert Memorial- See corresponding expenditure below; $50K revenue recognition from East West Partners for Ford Park art space- See corresponding expenditure below; $20K donation for Winterfest- See corresponding expenditure belowRecreation Amenity Fees 10,000 10,000 10,000 Earnings on Investments and Other 43,991 43,991 1,255 45,246 $32K Reimbursement from bag fee collections for Clean-Up Day and America Recycles Day; $1.2K use of Sole Power donations for prizes; 0.7% rate assumedTotal Revenue 7,690,641 617,798 8,308,439 428,844 8,737,283 ExpendituresManagement Fee to General Fund (5%) 315,000 315,000 10,000 325,000 5% of RETT Collections - fee remitted to the General Fund for administration; $10K increased based on actual collectionsWildlandForest Health Management 296,311 12,938 309,249 6,715 315,964 Operating budget for Wildland Fire crew; 2019 Added .5 FTE for wildland lead; Extra month of wildland crew to facilitate bighorn sheet habitat improvement project ($12.9K); $6.7K transfer from GF as result of compensation studyIntermountain Fuels Reduction - 42,442 42,442 42,442 Continuation of the intermountain Fuels Project $42.4K Total Wildland296,311 55,380 351,691 6,715 358,406 ParksAnnual Park and Landscape Maintenance 1,712,030 48,000 1,760,030 5,068 1,765,098 Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000).; $5.1K transfer in from GF as result of compensation studyPark / Playground Capital Maintenance 125,000 10,000 135,000 135,000 Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; 2019 includes $10K to replace and add additional drinking fountains and bottle filling stations at Vail parksRec. Path Capital Maint 85,000 85,000 (16,861) 68,139 Capital maintenance of the town's recreation path system; Use savings toward Gore Valley Trail realignment projectTree Maintenance 65,000 65,000 65,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement 90,000 7,334 97,334 97,334 Includes pedestrian bridge inspection report ($25K), additional benches in Vail Village and bike racks ($7.3K); Annual replacement or capital repairs, benches, recycling and bike racksFord Park: Softball Weather Shelter 585,000 60,000 645,000 645,000 Shelter at the Ford Park softball fields to provide weather and lighting protection for spectators and players ($585K); Add'l $60K requested for contingency onlyFord Park Landscape Enhancement: Parking Lot / Sport Central Portal67,000 67,000 67,000 DRB req'd parking lot plantings and landscape enhancements at Central Portal Pilot Project to reduce turf grass 30,000 30,000 5,364 35,364 Turf grass reduction project at Buffehr Creek. This project will be a pilot example of ways to reduce turf grass in areas across town resulting in water and maintenance savings; $5.4K use of savings from Ford Parks improvements budget for turf projectCovered Bridge Pocket Park Rehabilitation 87,000 87,000 87,000 Streambank stabilization, riparian enhancements, walking surface replacement TOWN OF VAIL PROPOSED AMENDED 2019 BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 10 December 17, 2019 - Page 256 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL PROPOSED AMENDED 2019 BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Stephens Park Safety Improvements 300,000 300,000 300,000 Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990'sFord Park Improvements & Fields - 60,000 60,000 (5,364) 54,636 Re-appropriate a portion of remaining funds to complete Ford Park landscaping improvements; $5.4K use of savings from Ford Parks improvements budget for turf projectVail Transit Center Landscape - 107,133 107,133 107,133 Completion of landscaping at Vail transit center to coincide with construction of additional bus lane at Vail TRC Ford Park Portal Improvements - 2,540 2,540 2,540 Final bills for improvements to Ford Park entry points ($2.5K)Total Parks3,146,030 295,007 3,441,037 (11,793) 3,429,244 Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan 400,000 400,000 400,000 Extension of Vail Valley Drive path to ease congestion and enhance pedestrian safetyVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building400,000 400,000 400,000 Extension of Vail Valley Drive path to ease congestion and enhance pedestrian safetyGore Valley Trail Bridge Replacement 300,000 300,000 300,000 Reconstruction of south bridge abutment due to significant scour and replacement of bridge structureGore Valley Trail Realignment 50,000 50,000 36,861 86,861 Design feasibility study for Gore Valley Trail Realignment at Lionshead gondola ($50K); $36.8K increase for design contract as approved by Council in November; includes $20K reimbursement from Vail Resorts for design costs and $16.9K savings from rec path maintenance project budgetEast Vail Interchange Improvements - 793,554 793,554 793,554 Continuation of landscaping design and construction of the interchangeDowd Junction repairs and improvements - 2,148,633 2,148,633 2,148,633 Re-stabilization of Dowd Junction path ($2.15M); Includes $24.3K reimbursement from ERWS for the Dowd Junction retaining wall-See corresponding reimbursement above; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC); $150K reimbursement from ERWSC and $1M reimbursement from Eagle CountyGore Valley Trail Reconstruction (Conoco to Donovan) - 25,000 25,000 25,000 Complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge - 235,000 235,000 235,000 $235K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge to coincide with the Red Sandstone parking garage projectTotal Rec Paths and Trails1,150,000 3,202,187 4,352,187 36,861 4,389,048 Recreational FacilitiesNature Center Operations 80,000 10,000 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Redevelopment 400,000 33,950 433,950 433,950 $434K Design new Nature Center Remodel/StructureGolf Clubhouse & Nordic Center - 52,935 52,935 52,935 Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities480,000 96,885 576,885 - 576,885 EnvironmentalEnvironmental Sustainability433,246 433,246 12,331 445,577 Annual operating expenditures for Environmental department (4 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.; $12.3K transfer from GF as result of compensation studyRecycling and Waste Reduction Programs 119,979 59,565 179,544 179,544 Love Vail website improvement ($25K); Annual expenditures: Green Team ($2.5K); Eagle County recycling hauls (reimbursed) $(25K); Zero Hero recycling at events ($25K); Recycling compliance, education, public art and compost pilot ($30K); Waste and Recycling Education ($7.5K)Ecosystem Health 72,500 75,000 147,500 13,962 161,462 Wildlife habitat program (NEPA study, field work $75K); Actively Green ($33K), Sustainable Destination ($30K); Annual Wildlife Forum ($2K), CC4CA Retreat ($2.5K); Trees for Vail ($5K); $14.0K for missed 2018 Walking Mountains billEnergy & Transportation 47,500 57,000 104,500 1,255 105,755 Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); $57K for energy programs; $1.2K donation to be used for Sole Power prizes- see corresponding revenue aboveStreamtract Education/Mitigation - 80,061 80,061 80,061 Includes water quality and streamtract education, outreach, signage and marketing; private streambank funding; Water Quality Infrastructure 1,000,000 2,477,167 3,477,167 187,589 3,664,756 Continuation of water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" includes $135K for water mitigation roof runoff grant at PW; $187.6K for Westhaven Circle sediment capture vault paid for with grant and contribution from Grand Hyatt (Hotel Talisa)11 December 17, 2019 - Page 257 of 267
2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL PROPOSED AMENDED 2019 BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Streambank Mitigation 100,000 548,336 648,336 648,336 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2019 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above East Vail Water Quality TAPS - 90,263 90,263 90,263 Completion of East Vail Water Quality Improvements; $700K CDOT TAP grant funding was received in 2018 to offset costsGore Creek Interpretive Signage 75,000 75,000 75,000 Phase I of Gore Greek Interpretive signage (design)Open Space Land Acquisition 50,000 600,000 650,000 20,000 670,000 $600K purchase of Lupine parcel with Eagle County- see corresponding reimbursement above; $50K for open space surveys/studies; $20K in costs to file conservation easementTotal Enviromental1,823,225 4,062,392 5,885,617 235,137 6,120,754 ArtPublic Art - Operating 123,456 123,456 123,456 Art in Public Places programming and operationsPublic Art - General program / art 85,000 512,798 597,798 597,798 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Public Art - Winterfest 30,000 18,085 48,085 20,000 68,085 Winterfest $30K per year; $20K donation from Dow Browning to be used towards Winterfest- See donation revenue aboveSeibert Memorial Statue - 300,000 300,000 300,000 Pete Seibert Memorial statue- See corresponding community reimbursement aboveArt Space - 50,000 50,000 50,000 Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art238,456 880,883 1,119,339 20,000 1,139,339 ContributionsBetty Ford Alpine Garden Support 69,700 69,700 69,700 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseEagle River Watershed Support 42,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs Adopt A Trail 5,000 5,000 5,000 Adopt A Trail Council Contribution for trails in or bordering the TownTotal Contributions116,700 - 116,700 - 116,700 VRD-Managed Facility ProjectsRecreation Enhancement Account 166,650 206,698 373,348 373,348 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($141,604), Transfer $240K to golf course other Golf Clubhouse 65,000 - 65,000 65,000 Wood trim repairs ($40K), AC and catering kitchen improvements ($30K)Golf Course - Other 176,396 511,396 687,792 687,792 $511K for reconstruction of the golf maintenance buildings, improvements to the 14th and 15th hole bridges. and parking drainage improvements. Parking lot asphalt repairs ($10K), repair asphalt at maintenance building ($3K), replace roof on maintenance building ($161.2K), replace wood trim at maintenance building ($2.7K)Dobson Ice Arena 102,943 108,500 211,443 211,443 Complete pavers and concrete slab replacement ($54K); rock wall repair ($10.5K); roof snow removal contract ($44K); Repair exterior doors ($96K), window repairs ($7K)Ford Park / Tennis Center Improvements - 72,000 72,000 72,000 Complete replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), restroom remodel (50K)Athletic Fields - 6,000 6,000 6,000 Seal coat and crack fill in parking lot ($6K)Gymnastics Center - 60,000 60,000 60,000 Installation of cooling systemTotal VRD-Managed Facility Projects 510,989 964,594 1,475,583 - 1,475,583 Total Expenditures 8,076,711 9,557,328 17,634,039 296,920 17,930,959 Other Financing Sources (Uses)Transfer In from General Fund - - 24,114 24,114 Transfer in from General Fund as result of compensation study (Placeholder for salary adjustments was budgeted in GF)Revenue Over (Under) Expenditures (386,070) (8,939,530) (9,325,600) 156,038 (9,169,562) Beginning Fund Balance 887,045 12,264,505 13,150,550 13,150,550Ending Fund Balance500,975$ 3,824,950$ 3,980,988$ 12 December 17, 2019 - Page 258 of 267
2019 1st 2019 2nd 2019
Original Supplemental Amended Supplemental Amended
Revenue
Business Licenses 275,000$ 275,000$ 275,000$
Transfer in from General Fund 2,357,788 50,000 2,407,788 135,000 2,542,788
Earnings on Investments 3,000 3,000 3,000
Total Revenue 2,635,788 50,000 2,685,788 135,000 2,820,788
Expenditures
Commission on Special Events (CSE) 893,648 893,648 893,648
Education & Enrichment 151,500 151,500 151,500
Signature Events
Bravo! 289,661 289,661 289,661
Vail Jazz Festival 74,902 74,902 74,902
Vail Valley Foundation - Hot Summer Nights 27,500 27,500 27,500
Vail Valley Foundation - Dance Festival 53,562 53,562 53,562
Burton US Open 490,000 490,000 490,000
Snow Days 300,000 300,000 300,000
Spring Back to Vail 300,000 300,000 300,000
Global Solutions Forum - 50,000 50,000 50,000
Revely Vail - 120,000 120,000
Vail Holidays Additional Funding - - 15,000 15,000
Fireworks 52,015 18,205 70,220 70,220
Collection Fee - General Fund 13,750 13,750 13,750
Total Expenditures 2,646,538 68,205 2,714,743 135,000 2,849,743
Revenue Over (Under) Expenditures (10,750) (18,205) (28,955) - (28,955)
Beginning Fund Balance 220,107 83,135 303,243 303,243
Ending Fund Balance 209,357$ 274,288$ 274,288$
TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING & SPECIAL EVENTS FUND
13
December 17, 2019 - Page 259 of 267
2019 1st 2019 1st 2019
Budget Supplemental Amended Supplemental Amended
Revenue
Town of Vail Interagency Charge 3,350,058$ 3,350,058$ 3,350,058$
Insurance Reimbursements & Other 10,000 10,000 10,000
Earnings on Investments 7,900 7,900 7,900
Equipment Sales and Trade-ins 189,170 189,170 189,170
Total Revenue 3,557,128 - 3,557,128 - 3,557,128
Expenditures
Salaries & Benefits 1,173,804 1,173,804 4,867 1,178,671
Operating, Maintenance & Contracts 1,598,685 1,598,685 1,598,685
Capital Outlay 937,800 20,645 958,445 958,445
Total Expenditures 3,710,289 20,645 3,730,934 4,867 3,735,801
Revenue Over (Under) Expenditures (153,161) (20,645) (173,806) (4,867) (178,673)
Transfer In from GF - - 4,867 4,867
Beginning Fund Balance 1,655,305 301,114 1,956,419 1,956,419
Ending Fund Balance 1,502,144$ 1,782,613$ -$ 1,782,613$
TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
14
December 17, 2019 - Page 260 of 267
2019 1st 2019 1st 2019
Original Supplemental Amended Supplemental Amended
Revenue
E911 Board Revenue 803,953$ 803,953$ 803,953$
Interagency Charges 1,354,077 1,354,077 1,354,077
Town of Vail Interagency Charge 669,590 669,590 669,590
Earnings on Investments 6,168 6,168 6,168
Total Revenue 2,833,788 - 2,833,788 - 2,833,788
Expenditures
Salaries & Benefits 2,206,730 2,206,730 15,750 2,222,480
Operating, Maintenance & Contracts 533,884 533,884 533,884
Capital Outlay - 181,080 181,080 181,080
Total Expenditures 2,740,614 181,080 2,921,694 15,750 2,937,444
Revenue Over (Under) Expenditures 93,174 (181,080) (87,906) (15,750) (103,656)
Transfer In from GF - - - 15,750 15,750
Beginning Fund Balance 870,094 562,933 1,433,027 1,433,027
Ending Fund Balance 963,268$ 1,345,121$ 1,345,121$
TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
15
December 17, 2019 - Page 261 of 267
Ordinance No. 20, Series of 2019
ORDINANCE NO. 20
SERIES OF 2019
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX
FUND, DISPATCH SERVICES FUND, MARKETING FUND AND HEAVY EQUIPMENT FUND
OF THE 2019 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE
SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2019 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
21, Series of 2018, adopting the 2019 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2019 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 612,503
Capital Projects Fund 5,514,365
Housing Fund 1,946,291
Real Estate Transfer Tax Fund 296,920
Dispatch Services Fund 15,750
Marketing Fund 135,000
Heavy Equipment Fund 4,867
Total $ 8,525,696
Interfund Transfers 3,597,712
Net Total $ 12,123,408
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
December 17, 2019 - Page 262 of 267
Ordinance No. 20, Series of 2019
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3.The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4.The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of December, 2019, and a public hearing shall be held on this
Ordinance on the 17th day of December, 2019, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
_______________________________
Dave Chapin, Mayor
ATTEST:
___________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th
day of December 2019.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
December 17, 2019 - Page 263 of 267
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 : O rdinance No. 22, S eries 2019, S econd Reading, A n Ordinance Amending
S ection 4-3-3-2 of the Vail Town Code to I mpose a Special S ales Tax on Cigarettes, Tobacco
P roducts and Nicotine Products at the rate of 15 cents per cigarette sold or $3.00 per pack of 20
cigarettes sold and 40% on the price paid f or the purchase of all other tobacco products and
nicotine products, starting J anuary 1, 2020
P RE S E NT E R(S ): Matt Mire, Town A ttorney
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny
Ordinance No. 22, Series 2019 upon second reading.
B AC K G RO UND: On November 5th the Vail voters approved B allot I ssue No. 1, authorizing the
imposition of a special sales tax on cigarettes, tobacco products and nicotine products beginning
J anuary 1, 2020. O rdinance No. 22, S eries 2019 implements the collection of that tax.
S TAF F RE C O M M E ND AT I O N: Approve O rdinance No. 22, S eries 2019 upon second reading.
AT TAC H ME N TS :
Description
Ord 22
December 17, 2019 - Page 264 of 267
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ORDINANCE NO. 22
SERIES 2019
AN ORDINANCE AMENDING SECTION 4-3-3-2 OF THE VAIL TOWN
CODE TO IMPOSE A SPECIAL SALES TAX ON CIGARETTES,
TOBACCO PRODUCTS AND NICOTINE PRODUCTS AT THE RATE OF
15 CENTS PER CIGARETTE SOLD OR $3.00 PER PACK OF 20
CIGARETTES SOLD AND 40% ON THE PRICE PAID FOR THE
PURCHASE OF ALL OTHER TOBACCO PRODUCTS AND NICOTINE
PRODUCTS, STARTING ON JANUARY 1, 2020
WHEREAS, at the November 2019 regular Town election, a majority of the
registered electors of the Town voted in favor of Ballot Issue No. 1, a ballot issue to allow
the Town to impose a special sales tax on tobacco products and nicotine products,
starting on January 1, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-3-3-2 of the Vail Town Code is hereby amended by the
addition of a new subsection G, to read as follows:
4-3-3-2: COLLECTION OF SALES TAX:
* * *
G. Special Sales Tax on Tobacco and Nicotine Products: Every retailer
or vendor engaged in the business of selling nicotine products or tobacco
products in the Town, as those terms are defined in C.R.S. §§ 39-28-202
and 18-13-121, shall be liable and responsible for the payment of an amount
equal to 15 cents per cigarette sold or $3.00 per pack of 20 cigarettes sold,
and 40% on the price paid for all other nicotine products and tobacco
products, and shall before the 20th day of each month make a return to the
Finance Director for the preceding calendar month, together with remittance
of all amounts due hereunder. For purposes of this subsection, all such
returns and remittance shall be considered timely made to the Finance
Director if they are submitted on or before the 20th day of the month. If the
20th day of any month falls on a weekend or holiday, said return and
remittance may be submitted the following business day. The special sales
tax levied by this Section shall be subject to all other provisions of this
Chapter.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not 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.
December 17, 2019 - Page 265 of 267
2
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Section 3. 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.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2019 and
a public hearing for second reading of this Ordinance is set for the 17th day of December,
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 17th day of December, 2019.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
December 17, 2019 - Page 266 of 267
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 : Adjournment 8:00 pm (estimate)
December 17, 2019 - Page 267 of 267