HomeMy WebLinkAbout2020-10-20 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Virtual
6:00 P M, October 20, 2020
Meeting to be held Virtually (access High Five Access Media
livestream https://www.highfivemedia.org/live-five the day of
the meeting and visit https://www.vailgov.com/town-council to
participate in public comment)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
2.Any action as a result of executive session
3.Proclamations
3.1.Proclamation No. 6, Series of 2020, National Friends of Libraries Week 15 min.
Presenter(s): Lori Barnes, Librarian
3.2.Proclamation No. 7, Series of 2020, Recognizing November 1, 2020 as
Eagle County First Responders Day
5 min.
Presenter(s): Alan Himelfarb and J ackie Christiansen, Starting Hearts
4.Consent Agenda (5 min.)
4.1.September 1, 2020 Town Council Meeting Minutes
4.2.September 15, 2020 Town Council Meeting Minutes
4.3.Resolution 46, Series 2020, An I ntergovernmental Agreement between the
Town of Vail and Eagle County for Animal Control Services
Action Requested of Council: Approve, amend or deny Resolution No. 46,
Series of 2020
Background: This is an annual I ntergovernmental Agreement the Town of
Vail and Eagle County enter into to provide animal control service with the
Town limits.
Staff Recommendation: Approve Resolution No. 46, Series of 2020
October 20, 2020 - Page 1 of 203
4.4.Resolution No. 47, Series of 2020 A Resolution of the Vail Town Council
Authorizing the Amendment of Certain Deed Restrictions with
Mountain Valley Developmental Services
Background: The purpose of this memorandum is to present the request
made by Mountain Valley Development Services, I nc. and seek
authorization from the Vail Town Council to rent their Employee Housing
Units. I f authorized, the Town staff will take the steps necessary to amend
the three deed restrictions as directed and properly record the amended
restrictions. The Vail Local Housing Authority reviewed this request and has
forwarded a unanimous recommendation of approval to the Vail Town
Council, as proposed.
4.5.Avolve Software Contract Award
Background: The ProjectDox system is used by Community Development
for various plan submittals and review. I t is a critical application to this
department, as well as to the contractors and homeowners that use it for
their various construction projects. This upgrade will provide fixes for some
current issues, as well as offer some enhancements that will make the
product easier to use.
Staff Recommendation: Authorize the Town Manager to enter into a contract
in a form approved by the Town Attorney with Avolve Corporation in the
amount of $75,650.
4.6.Comment letter regarding the Homestake Reservoir initial geotechnical
investigations project - considered under a Categorical Exclusion (C E) with
the US Forest Service.
Background: Homestake Partners (City of Aurora and Colorado Springs
Utilities) is requesting an authorization to conduct a fatal-flaw geotechnical
investigation within the Homestake Valley located along Homestake Creek
about 6 miles southwest of Red Cliff, Colorado. W hile these investigations
are preliminary, the ultimate W hitney reservoir and dam project would have
significant impact on water resources of the Eagle and Colorado Rivers at a
development of 20,000 acre feet per year.
Staff Recommendation: Approve the letter and request that Mayor Dave
Chapin sign on behalf of the Council.
4.7.Bus Barn Electric Bus Charging Stations Electrical Contract Award
Background: Four electric buses are scheduled to be delivered to the town
this year. I n preparation for their delivery there needs to be charging
stations installed in the Bus Barn. These charging stations require a new
electric service taken from Holy Cross Electric Association's main
distribution system including a new transformer, associated switch gear and
back-up generator. The cost of this work is being paid for from a grant
received for the Colorado Department of Transportation. Four bids were
received for this work. Encore Electric is the low bidder.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney with Encore Electric in
an amount up to, and not to exceed $606,428.
5.Town Manager Report (10 min.)
5.1.Update about Fencing along I -70 (Bighorn Sheep Protection)
October 20, 2020 - Page 2 of 203
6.Action Items
6.1.Ordinance No. 13, Series of 2020, 1st Reading, Ordinance to replace
Section 12-6I -8 Parking and Loading, Vail Town Code, with a new section,
Section 12-6I -8 Mobility, to address mobility needs of residents in the
Housing (H) Zone District
30 min.
Presenter(s): J onathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 13, Series of 2020, upon first
reading.
Background: The proposed text amendment provides an enhanced
framework for the development, review and enforcement of mobility plans
within the Housing (H) zone district. The enhanced framework provides for
the needed flexibility in the district while recognizing the necessity of
adequate review provisions and performance standards.
Staff Recommendation: On September 28, 2020, the Planning and
Environmental Commission (P E C) forwarded a recommendation of
approval (5-1 Gillette opposed) for a prescribed regulation amendment.
6.2.Ordinance No. 14, Series of 2020, 1st Reading, Ordinance to add Section
13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail
Town Code, to add an administrative procedure for the adjustment or
elimination of lot lines between existing platted lots
10 min.
Presenter(s): J onathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 14, Series of 2020, upon first
reading.
Background: Currently the Planning and Environmental Commission
reviews applications for the adjustment or elimination of lot lines between
existing platted lots as a Minor Subdivision. The Community Development
Department and the Planning and Environmental Commission have
expressed agreement that this public review has been unnecessary and did
not add value, as a review for compliance with relevant standards had
already occurred.
Staff Recommendation: On September 28, 2020, the Planning and
Environmental Commission (P E C) forwarded a unanimous
recommendation, for approval, for a prescribed regulation amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code.
6.3.Ordinance No. 15, Series of 2020, 1st Reading, Ordinance Amending Title
12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7,
Amendment, Amending Section 12-9A-10 Amendment Procedures and
Setting Forth Details in Regard Thereto
10 min.
Presenter(s): Greg Roy, Planner
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 15, Series of 2020, upon first
reading.
Background: The Special Development District process was enacted in
1988 with Ordinance No. 21, Series of 1988. I t created the existing S D D
language which is further being refined with this amendment. A Minor
Amendment is an amendment to an S D D that falls within certain guidelines
that is able to be approved at a staff level. The proposed changes would
make the notification process for this the same as what is currently used in
other areas of the code, such as notification for development in the C C1 or
LMU-1 zone districts or administrative appeals.
October 20, 2020 - Page 3 of 203
Staff Recommendation: On September 28, 2020 the Planning and
Environmental Commission forwarded a recommendation of approval (6-0)
to the Vail Town Council for a prescribed regulation amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code.
7.Public Hearings
7.1.Ordinance No. 11, Series of 2020, 2nd Reading - Ordinance Amending
Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7,
Amendment, Amending Section 12-15-2 - GRFA Requirements by Zone
District; and Setting Forth Details in Regard Thereto
5 min.
Presenter(s): Greg Roy, Planner
Action Requested of Council: Approve Ordinance No. 11, Series of 2020,
on second reading.
Background: Ordinance No 23, Series of 1999, increased the allowable
GRFA, but there was no corresponding change to the table in Section 12-
15-2. This ordinance corrects that table to match the code change.
Staff Recommendation: Approve Ordinance No. 11, Series of 2020, on
second reading
7.2.Ordinance No. 12, Series of 2020 , 2nd Reading, Ordinance Repealing and
Reenacting Chapter 7 of Title 4 of the Vail Town Code, Relating to
Contractor Registration, and Enacting a new Section of 10-1-14 of the Vail
Town Code, Relating to the Board of Appeals.
5 min.
Presenter(s): C J J arecki, Chief Building Official
Action Requested of Council: Approve, Approve with Conditions or Deny
Ordinance No. 12, Series of 2020 on second reading
Background: Construction activity throughout Eagle County is continuing its
upward trend, even throughout the pandemic, and remains to be a critical
economic driver within the region. Due to an overall shortage of local skilled
labor, homeowners, developers, and designers are seeing assistance from
contractors located outside of the region - even out of state. This ordinance
will ensure that all contractors, local or otherwise, that request to perform
work within the Town of Vail are duly qualified to complete such work.
8.Adjournment
8.1.Adjournment 7:50 pm (estimate)
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
website the week following meeting day, www.highfivemedia.org.
P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
October 20, 2020 - Page 4 of 203
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: Proclamation No. 6, Series of 2020, National F riends of L ibraries Week
P RE S E NT E R(S ): L ori B arnes, L ibrarian
AT TAC H ME N TS:
Description
Proclamation No. 6, Series of 2020
Library Presentation
Annual Membership Draft Letter
October 20, 2020 - Page 5 of 203
Proclamation No. 6, Series of 2020
National Friends of Libraries Week
Whereas, Friends of Vail Public Library raise money that enables our library to move from good
to great -- providing the resources for additional programming, much needed equipment,
support for children’s summer reading, and special events throughout the year;
Whereas, the work of the Friends highlights on an on-going basis the fact that our library is the
cornerstone of the community providing opportunities for all to engage in the joy of life-long
learning and connect with the thoughts and ideas of others from ages past to the present;
Whereas, the Friends understand the critical importance of well funded libraries and advocate
to ensure that our library gets the resources it needs to provide a wide variety of services to all
ages including access to print and electronic materials, along with expert assistance in
research, readers’ advisory, and children’s services;
Whereas, the Friends’ gift of their time and commitment to the library sets an example for all in
how volunteerism leads to positive civic engagement and the betterment of our community;
Now, therefore, be it resolved that I, Dave Chapin, Mayor of the Town of Vail, proclaim
October 18-24, 2020, as National Friends of Libraries week in Vail, Colorado and urge everyone
to join the Friends of the Library and thank them for all they do to make our library and
community so much better.
TOWN OF VAIL
_________________________
Dave Chapin, Mayor
Attest:
Tammy Nagel, Town Clerk
October 20, 2020 - Page 6 of 203
Presentation
to the Vail Town Council
FRIENDS of Vail Public Library
October 20, 2020
“Volunteers do not
necessarily have the
time; they just have
the heart.”
-Elizabeth Andrew
October 20, 2020 - Page 7 of 203
VISION, MISSION, VALUES
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
October 20, 2020 - Page 8 of 203
“… YOU GOT TO HAVE FRIENDS” -BETTE MIDLER
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
•Establish closer relations between the library and the people it serves.
•Stimulate and receive gifts, endowments and bequests for the benefit of the library.
•Support the extension and improvement of library services and resources.
•Increase use of the library through public awareness and advocacy efforts.
Friends of Vail Public Library
October 20, 2020 - Page 9 of 203
HISTORY
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
October 20, 2020 - Page 10 of 203
MONEY
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
Balance in Library’s Deferred Revenue Accounts as of 10/12/20: $123,437
Sources of Funds:YTD
2020 2019 2018 2017
Annual Appeal:$23,460 $43,597 $30,167 $43,641
Book Sale/Book Nook:$ 1,172 $ 6,612 $ 6,449 $ 4,434
Misc. Donations/Gifts/Grants:$ 5,547 $ 4,662 $ 350 $ 5,152
•Funds are maintained in dedicated Deferred Revenue accounts that are
managed by the TOV Finance Department.
•The Library’s Supplemental Budget requests are typically funded from the
Deferred Revenue accounts.
•In 2020, Library staff has applied for and received approval for one-time grants
for its programming and services that are not reflected above: ALA Census Grant:
$2,000; Eagle County Census Grant: $450; NEA Big Read Grant: $9,150;
CARES Act Grant: $10,000
October 20, 2020 - Page 11 of 203
WHERE FRIENDS COUNT
Virtually Vail
Digital Archive Collection
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
October 20, 2020 - Page 12 of 203
2020
Coronavirus Disease 2019 (COVID-19)
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
October 20, 2020 - Page 13 of 203
CIVIC SPACES AT THEIR BEST
“Libraries stand for and exemplify something that needs defending; the
public institutions that, even in an age of atomization and inequality,
serve as bedrocks of civil society… the kinds of places where the public,
private and philanthropic sectors can work together to reach for
something higher than the bottom line.”
Eric Klinenberg , Palaces for the People
How Social Infrastructure Can Help Fight Inequality, Polarization, and the Decline of Civic Life
Town of Vail | FRIENDS of Vail Public Library | vailgov.com
October 20, 2020 - Page 14 of 203
November 15, 2020
Dear Friend of Vail Public Library,
I begin this year’s appeal letter with a single word: essential. The word has come to stand for so
much – and so many, in this year of pandemic. Joining with health care and other workers,
libraries took on new importance as an “essential” service during 2020.
During the worst of the local outbreak last spring, library operations transformed to meet the
changing world of a public health crisis, shifting to digital platforms, remote work and curbside
pick-up. Re-opening in June brought more changes, including social-distancing and face
coverings for all library users. We are still here for you. Library services that continue to evolve
with the times, while our mission and values remain strong – to serve our community of users.
You are receiving this letter because you support Vail Public Library. That backing has kept us
going, in no small measure, as we maneuver this new world. Donations from you this past year
have been coupled with grant dollars to assist with new projects and programs in the
community: a StoryWalk® in Bighorn Park and the 10th Anniversary One Book One Valley
initiative. Inside the library, your dollars have helped to expand digital access and services for
collections and programs. And more. Your gifts have eased necessary budget cuts, replaced
items lost in a pandemic, expanded the Colorado historic newspaper collection, and supported
changes for the Summer Reading Program for children. Since re-opening in June, Vail Public
Library has operated seven days a week, connecting its community of users online and in-
person.
I am so proud to be part of Vail Public Library, and I have never been more aware of the
essential role libraries serve in their communities. I am proud to be part of the history of those
ski-town pioneers who had the foresight to imagine what this mountain valley can be. And will
be, once again. Like those men and women of the mountain troops, before there could ever be
a skier’s paradise… first they had a war to win.
Join us! this year with your donation, as we continue our mission to be here for you. Stay well
and stay safe, from all of us a Vail Public Library.
Wishing you the best of the holidays,
Lori A. Barnes
Director of Library Services
October 20, 2020 - Page 15 of 203
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: Proclamation No. 7, Series of 2020, Recognizing November 1, 2020 as E agle
County F irst Responders Day
P RE S E NT E R(S ): Alan Himelfarb and J ackie Christiansen, S tarting Hearts
AT TAC H ME N TS:
Description
Proclamation No. 7, Series of 2020
October 20, 2020 - Page 16 of 203
PROCLAMATION NO. 7, SERIES OF 2020
Recognizing November 1, 2020 as Eagle County First Responders Day
WHEREAS, Eagle County first responders, including police, sheriff, fire, paramedics, 911
dispatchers, doctors, and nurses are brave, courageous and dedicated individuals who are extensively
trained and highly specialized within their skill sets to assist the community and provide aid during
emergencies and in time of need;
WHEREAS, this year, Eagle County safety agencies and our first responders have been
greatly challenged by devastating fires and the COVID-19 virus in addition to their everyday duties;
WHEREAS, Eagle County safety agencies and their heroic men and women make it their
business to take immediate action when disaster strikes, putting other lives ahead of their own in
making incredible, selfless sacrifices to protect others;
WHEREAS, our first responders have performed admirably during these most difficult times,
working efficiently and effectively to save precious lives every day, never seeking recognition for their
lifesaving work;
WHEREAS, the Town of Vail, its Town Council, and its citizens wish to honor our safety
agencies and frontline heroes;
NOW, THEREFORE, BE IT PROCLAIMED BY Mayor Dave Chapin and the Town Council of the Town
of Vail, Colorado that Sunday, November 1, 2020, will be known as Eagle County First Responders
Day.
Dated this 20th day of October 2020.
Vail Town Council Attest:
___________________________
Dave Chapin, Mayor Tammy Nagel, Town Clerk
October 20, 2020 - Page 17 of 203
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: September 1, 2020 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
September 1, 2020 Town Council Meeting Minutes
October 20, 2020 - Page 18 of 203
Town Council Meeting Minutes of September 1, 2020 Page 1
Vail Town Council Meeting Minutes
Tuesday, September 1, 2020
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
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
Jenn Bruno
Travis Coggin
Jen Mason
Brian Stockmar
Absent: Kevin Foley
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Regina O’Brien, Eagle County Clerk and Recorder, thanked council for the use of the Grand
View during the November 3rd General Election. O’Brien explained the Grand View would be
used as a voter service center from October 30 - November 3. Voters would be able to pick up
a replacement ballot, drop their ballots off in a secure box, make changes to their registrations,
plus any other voter assistance as needed.
2. Consent Agenda
2.1. Renovation of the Covered Bridge Pocket Par Contract Award
Background: The 2020 RETT Fund Project list includes funding in the amount of $82K for the
renovation of the Covered Bridge Pocket Park. Staff Landscape Architects have prepared a
design for the park which includes establish walkways and shrub/groundcover plantings as well
as improvements to the streambank and a bioswale demonstration feature connected to the
storm sewer system in Bridge Street. The design of the renovation of the Covered Bridge
Pocket Park was approved by the Design Review Board on August 5, 2020. Approximately
$30K of the construction cost of the Covered Bridge Pocket Park Renovation is related to
streambank protection, restoration and education. Staff is proposing to utilize $30K from the
budgeted Streambank Restoration RETT account to supplement the budgeted $82K Covered
Bridge Pocket Park Renovation funding.
October 20, 2020 - Page 19 of 203
Town Council Meeting Minutes of September 1, 2020 Page 2
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Rocky Mountain Custom Landscapes in the amount not to
exceed $107,978.01. Authorize the Town Manager to transfer $30K from the Streambank
Restoration account (RPI-011) to the Covered Bridge Pocket Park Renovation account (RPI-
014) to increase the overall budget to $112K.
Coggin made a motion to authorize the Town Manager to enter into an agreement with Rocky
Mountain Custom Landscapes in an amount not to exceed $107,978.01; authorize the Town
Manager to transfer $30,000 from the Streambank Restoration account to the Covered Bridge
Pocket Park Renovation; Langmaid seconded the motion passed (6-0).
2.2. Snowshoe Drainage Improvements Contract Award
Background: Staff received 3 bids for the Snowshoe Drainage Improvements from Ewing
Trucking and Construction, Icon, Inc. and United
Companies. The project is budgeted with the Capital Street Maintenance budget and is within
the engineer’s estimate. Drainage improvements include improved roadside ditch along
Snowshoe Drive to meet runoff capacity needs, replace damaged and undersized culverts
under Main Gore Drive, Grouse Lane and 2 private residential driveways along Main Gore
Drive. The project is scheduled to be completed by October 31, 2020.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Ewing Trucking and Construction to complete the
Snowshoe Drainage Improvements Project in the amount not to exceed $160,000.00.
Coggin made a motion to authorize the Town Manager to enter in an agreement with Ewing
Trucking and Construction in an amount not to exceed $160,000.00; Mason seconded the
motion passed (6-0).
2.3. High Altitude Entertainment Funding Agreement
Background: Funding agreement for $70,000 to be paid to High Altitude Entertainment for the
September Shakedown Presents music activation.
Staff Recommendation: Approve the Town Manager to enter into a contract with High Altitude
Entertainment to produce 14 concerts in September 2020, not to exceed the amount of $70,000
Coggin made a motion to authorize the Town Manager to enter into an agreement with High
Altitude Entertainment in an amount not to exceed $70,000.00; Langmaid seconded the motion
passed (6-0).
3. Town Manager Report
Robson informed council the 90 ft. tall spruce tree near the Covered Bridge was diseased and
would need to be removed soon. Staff would ensure not to remove the tree in bird nesting
season.
4. Action Items
October 20, 2020 - Page 20 of 203
Town Council Meeting Minutes of September 1, 2020 Page 3
4.1. Children's Garden of Learning MOU
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: This item will require formal motion for approval.
Background: An update will be presented on the town council’s initiative related to the relocation
of Children’s Garden of Learning education center. The MOU has been mutually drafted by the
Town and CGL in an effort to set forth the expectations of the Parties regarding the relocation of
the CGL to a temporary and later permanent location for a childhood education center (“CEC”).
The effort will focus on providing a seamless transition for the school’s relocation which will
occur September 2021. Their current site has been deemed a priority for future deed-restricted
housing development. In addition, a progress report will be presented about the formation of an
Early Childhood Task Force which is underway with invitations to a number of stakeholders and
Eagle County.
Robson provided an overview of the nonbinding Memorandum of Understanding (MOU)
between the town and CGL. Robson highlighted key points in the MOU:
An Early Childhood Education Advisory Task Force would be formed to assist in
identifying a permanent CGL location and additionally identifying the overall childcare
needs in the Valley that can be served by CGL while still honoring the CGL Philosophy.
Desired outcomes included:
An unobstructed access by the town to the Lot 3 Middle Creek parcel by Sept.
15, 2021.
CGL would be maintained by the town as an integral part of community, including
continued subsidy.
CGL would prefer to not be in a temporary location for more than 5 years, but
there were no guarantee depending on real estate market.
Robson stated CGL wasn’t comfortable signing the MOU until the temporary location was
finalized. Staff were working to determine how best to retrofit the Community Development
building as the temporary preschool location. Currently staff doesn't yet have hard costs for
renovation of building for temporary location. The temporary location would have to be able to
accommodate the current enrollment of CGL.
Sarah Baker, attorney representing CGL, confirmed the one outstanding issue was the
identification of a temporary location for the facility. CGL's primary goal was to ensure there is a
single, temporary location before moving to permanent location.
Council supported the draft MOU with the understanding a temporary location would later be
identified as the negotiations continued with CGL
Bruno made a motion approve the Children’s Garden of Learning Memorandum of
Understanding; Coggin seconded the motion passed (6-0).
4.2. Resolution No. 38, Series of 2020, A Resolution of the Vail Town Council Calling a
Special Election for November 3, 2020 and Submitting a Ballot Issue to the Registered
Electors of the Town at the Special Election
October 20, 2020 - Page 21 of 203
Town Council Meeting Minutes of September 1, 2020 Page 4
Presenter(s): Kathleen Halloran, Finance Director and Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 38,
Series of 2020
Background: Following discussions on August 4 and August 18, Town Council directed staff to
work with public opinion consultants from Magellan Strategies and Summit Information
Services to conduct an online survey to probe opinions from Vail’s registered voters on a
possible ballot question for the Nov. 3 General Election. Results from the online survey, which
took place Aug. 24-27. The ballot wording has been revised in coordination with Eagle County
and Town of Avon for similar language.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 38, Series
of 2020
Halloran reviewed the Resolution No. 38, Series of 2020 with the council. Halloran explained
since Eagle County and other neighboring towns were submitting the same ballot question to
the voters; the attorney’s agreed the ballot wording would be the same.
Council members stated it would be important to help voters understand what the ballot issue
means in providing certainty and stability in the amount of property taxes collected.
Bruno made a motion to approve Resolution No. 38, Series of 2020; Mason seconded the
motion passed (6-0).
4.3. Ordinance No. 10, Series 2020, First Reading, An Ordinance Making Adjustments
to the Town of Vail General Fund, Marketing Fund, Capital Projects Fund, Housing Fund,
and Real Estate Transfer Tax Fund
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 10, Series
2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 10, Series 2020.
Smith reviewed Ordinance No. 10, Series of 2020 with council. Across all funds, the
supplemental request adjusts the budget to reflect $2,390,861 of additional revenue and
proposes an increase of $1,474,892 to expenditures. Smith reviewed each fund:
General Fund
Budgeted revenue would be adjusted by an increase of $1,486,427 offset by a reduction
in revenue of $40,000. The majority of this adjustment ($1,449,435) was a reflection of
the Federal CARES funding from the state for expenses such as
medical and personal protective equipment,
cleaning supplies,
October 20, 2020 - Page 22 of 203
Town Council Meeting Minutes of September 1, 2020 Page 5
operational closures,
COVID testing,
and both community and commercial relief program funding such as the Rent
Relief Program
Capital Projects Fund
Increase budgeted expenditures by a $300,000 placeholder for the temporary relocation
of the Children’s Garden of Learning.
Housing Fund
Increase of $874,434 to reflect the proceeds from the sale of Chamonix Parcel E to be
used towards future housing initiatives.
Real Estate Transfer Tax Fund
Transfer savings of $30,000 from the Gore Creek streambank restoration project to the
rehabilitation of the Covered Bridge pocket park.
Council requested the second reading of Ordinance No. 10, Series of 2020 include $37,000 to
contract a specialist to assist in updating the town’s housing fee in lieu rate and policy for
inclusionary zoning and commercial linkage.
Coggin made a motion to approve Ordinance No. 10, Series of 2020 and to include $37,000 for
the fee in leu study into the second reading; Langmaid seconded the motion passed (6-0).
There being no further business to come before the council, Coggin moved to adjourn the
meeting; Mason seconded the motion which passed (7-0) and the meeting adjourned at 7:15
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 23 of 203
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: September 15, 2020 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
September 15, 2020 Town Council Meeting Minutes
October 20, 2020 - Page 24 of 203
Town Council Meeting Minutes of September 1, 2020 Page 1
Vail Town Council Meeting Minutes
Tuesday, September 15 2020
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
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
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was none.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 5, Series of 2020, Library Card Sign-Up Month
Presenter(s): Dave Chapin, Mayor
Chapin read Proclamation No. 5, Series of 2020 into the record.
Foley made a motion to approve Proclamation No. 5, Series of 2020; Stockmar seconded the
motion passed (7-0).
4. Consent Agenda
4.1. August 4, 2020 Town Council Meeting Minutes
October 20, 2020 - Page 25 of 203
Town Council Meeting Minutes of September 1, 2020 Page 2
Foley made a motion to approve the August 4, 2020 meeting minutes with spelling corrections;
Stockmar seconded the motion passed (7-0).
4.2. August 18, 2020 Town Council Meeting Minutes
Foley made a motion to approve the August 18, 2020 meeting minutes; Stockmar seconded the
motion passed (7-0).
4.3. Resolution No. 40, Series of 2020, A Resolution Approving an Amended Operating
Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2020
Through December 31, 2020.
Background: See attached memo.
Staff Recommendation: Approve, approved with amendments or deny Resolution No. 40, Series
of 2020.
Foley made a motion to approve Resolution No. 40, Series of 2020; Coggin seconded the
motion passed (7-0).
4.4. Pierce/Austin Architects - Architectural Services Contract Award
Background: The Vail Town Council instructed the town staff to negotiate a mutually acceptable
contract with Pierce/Austin Architects to provide architectural services in the design, entitlement
and construction of a new combined professional office building and early childhood education
center,
located at 111 South Frontage Road West.
Staff Recommendation: Authorize the Town Manager to enter into a professional services
agreement contract, in a form approved by the Town attorney, with Pierce/Austin Architects, for
architectural services, in an amount not to exceed $335,000.
Coggin made a motion to authorize the Town Manager to enter into an agreement with
Pierce/Austin Architects in an amount not to exceed $335,000; Foley seconded the motion
passed (7-0).
4.5. VLMD 2021 Operating Plan
Background: See attached memo
Staff Recommendation: Approve 2021 VLMD Operating Plan
Foley made a motion to approve the 2021 VLMD Operating Plan; Coggin seconded the motion
passed (7-0).
4.6. Resolution No. 41, Series of 2020, A Resolution of the Vail Town Council
Extending the Declaration of a Local Disaster Emergency
October 20, 2020 - Page 26 of 203
Town Council Meeting Minutes of September 1, 2020 Page 3
Coggin made a motion to approve Resolution No. 41, Series of 2020; Mason seconded the
motion passed (7-0).
5. Town Manager Report
Robson spoke to council concerning pedestrian and motor vehicle safety from citizens placing
campaign signs in the roundabouts, frontage roads, parks & other public property. Council
supported the messaging of all signs placed on public property will be picked up by the Public
Works Dept. on a daily basis. People will go to the public works building to pick up their signs
and place them on private property.
6. Action Items
6.1. Resolution No. 39, Series of 2020 A Resolution Extending the Approved
Development Plan for the Booth Heights Development
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Council: Approve Resolution No. 39, Series of 2020 as written.
Background: The approval of the Development Plan in the Housing (H) zone district, Conditional
Use Permit (CUP), and final design for the Booth Heights Project (PEC19-0018, PEC19-0019,
and DRB19-0652, respectively, and collectively known as the “Development Plan”) would be
extended through June 1, 2023 via this Resolution. If construction of the Booth Heights Project
is not commenced by such time, the Development Plan approval shall lapse, unless otherwise
extended.
Staff Recommendation: Approve Resolution No. 39, Series of 2020 as written.
Gennett reviewed Resolution No. 39, Series of 2020 with council. The resolution would extend
the approval of the Development Plan in the Housing (H) zone district, Conditional Use Permit
(CUP), and final design for the Booth Heights Project would be extended through June 1,
2023There was no public comment.
Council had no questions.
Bruno made a motion to approve Resolution 39, Series of 2020; Foley seconded the motion
passed (7-0).
7. Public Hearings
7.1. Ordinance No. 10, Series 2020, Second Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund, Marketing Fund, Capital Projects Fund,
Dispatch Services Fund, Housing Fund, and Real Estate Transfer Tax Fund
Presenter(s): Carlie Smith, Financial Services Manager
October 20, 2020 - Page 27 of 203
Town Council Meeting Minutes of September 1, 2020 Page 4
Action Requested of Council: Approve or approve with amendments Ordinance No. 10, Series
2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 10, Series 2020.
Smith reviewed Ordinance No. 10, Series of 2020 and the changes since the first reading with
the council. Across all funds, this supplemental request adjusts the budget to reflect $2,582,553
of additional revenue and proposes an increase of $2,530,342 to expenditures.
General Fund
➢ will be adjusted by $160,242. Earlier in the year, the town was awarded a CARES transit
grant for $1.35M. Since then the town was notified that it will receive an additional
$160,242 for bus operations.
• Since the first reading, town staff has been researching additional economic relief
efforts for the upcoming fall and winter seasons. This included a gift card
program, bulk face covering purchase, and winter operations enhancements.
Details on each proposed program is included below along with cost estimates.
✓ Gift Card Program: total costs would be $110,000 which included
$100,000 for 4,000 $25.00 gift cards, $7,500 third party administration
fee, and $2,500 for card printing and promotional materials.
✓ Bulk Mask Program: A combination of filtered masks and buffs would be
purchased at a cost of $20,000.
✓ Winter Operations Enhancements: Staff is requesting a total of
✓ $800,000 for winter operations enhancements, tent program
implementation and town warming areas. The town would incur other
operational costs associated with tent setup assistance, snow removal
and maintenance. With current reduced staffing levels, a request for $45K
for two seasonal maintenance workers is requested, however only $15K
is included in the budget supplemental for the period Nov. 15 – Dec. 31st.
The remainder will be included in the 2021 budget for the spring season
only.
• $37,000 to contract a specialist to assist in updating the town’s housing fee in
lieu rate and policy for inclusionary zoning and commercial linkage.
Capital Projects Fund
➢ An additional $35,000 in expenditures to begin design and planning for a temporary
relocation on the Children’s’ Garden on Learning. The total cost for this phase would be
$335,000.
Dispatch Service Fund
➢ Adjusted by an increase of $27,725 for personnel ($27,450) and administrative fees
($274) for dispatch deployments to the Grizzly Creek and Pine Gulch fires. This will be
directly offset by a state reimbursement.
Council asked questions concerning the Housing Fund buydown. Smith replied the buydown
would be used for future housing.
There was no public comment.
October 20, 2020 - Page 28 of 203
Town Council Meeting Minutes of September 1, 2020 Page 5
Langmaid made a motion to approve Ordinance No. 10, Series of 2020 upon second reading;
Stockmar seconded the motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 6:35
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 29 of 203
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 46, Series 2020, An I ntergovernmental Agreement between the Town
of Vail and Eagle County for A nimal Control S ervices
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, amend or deny Resolution No. 46, Series of
2020
B AC K G RO UND: This is an annual I ntergovernmental A greement the Town of Vail and E agle
County enter into to provide animal control service with the Town limits.
S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 46, Series of 2020
AT TAC H ME N TS:
Description
Resolution 46, Series 2020
October 20, 2020 - Page 30 of 203
Resolution 46, Series 2020
RESOLUTION NO. 46
Series of 2020
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY FOR ANIMAL CONTROL
SERVICES; 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 and the County of Eagle (the "County") wish to enter into an
Intergovernmental Agreement (the "IGA") authorizing the County to provide animal control
services within the Town limits;
WHEREAS, the Council considers it in the interest of the public health, safety and
welfare to provide animal control services; and
WHEREAS, The Council's approval of Resolution No. 46, Series of 2020, is required to
enter into an IGA
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter into the
IGA with the County for animal control services on behalf of the Town in substantially the same
form attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. The Resolution shall take effect immediately upon this passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Vail held this 20th day of October 2020.
TOWN OF VAIL ATTEST
__________________________ __________________________
Dave Chapin, Mayor Tammy Nagel, Town Clerk
October 20, 2020 - Page 31 of 203
1
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND THE TOWN OF VAIL
FOR THE PROVISION OF ANIMAL SERVICES
This Agreement made this ________________________, by and between the County of
Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Vail, a
municipal corporation (the "Town").
WITNESSETH
WHEREAS, the Town desires to contract with the County for the performance of the
hereinafter described Services on the terms and conditions hereinafter set forth; and
WHEREAS, the County agrees to perform such Services on the terms and conditions
hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1-
201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the
Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree hereby as follows:
SECTION 1. TERRITORY COVERED.
The Services described herein will be provided within the municipal boundaries of the Town of
Vail.
SECTION 2. DEFINITIONS.
“Eagle County Animal Services Officer” is defined as an employee of the County who performs
tasks to provide services, among other tasks, described in this agreement.
“Emergency Call” is defined as a situation involving life safety for a person or pet animal which
cannot be defused by local law enforcement.
“Emergency On-Call Service” is defined as any Emergency Call received by the County for which
Animal Services assistance is required and no Eagle County Animal Services Officer is on duty to
respond as more thoroughly described below.
“Shelter” means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle,
Colorado, and any other shelter facility operated or designated by County.
October 20, 2020 - Page 32 of 203
2
“Unclaimed Day” is defined as a calendar day or any part thereof during which an unclaimed
animal is confined in Shelter on behalf of the Town.
SECTION 3. SCOPE OF SERVICES.
The County agrees to provide General Animal Services and Emergency On-Call Service
(collectively, the “Services”) within the Town of Vail as follows:
A. General Animal Services shall include:
i. Randomly-scheduled patrols, consisting of inspection tours looking for violations
or responding to complaints. The scope of these patrols is to be designed to gain
voluntary compliance and uniform administration of the Town of Vail Animal
Ordinance as defined below.
ii. Administration and enforcement of Title 6 of the Town of Vail Municipal Code
(“Town of Vail Animal Ordinance”) presently in effect and as may be subsequently
amended to apply for the control and licensing of animals within the Town
boundaries. The Eagle County Animal Services Officer shall be considered the
Animal Control Officer of the Town as defined by Section 6.4.2 of the Town of
Vail Municipal Code.
iii. The County shall provide the Town with monthly reports and an annual report of
services provided pursuant to this Agreement. Such reports shall include, by way
of example only, the number of calls for service, number of animals sheltered,
number of Unclaimed Days, and number of citations issued, as they apply to the
Town of Vail.
iv. Animal sheltering services for animals attributable to the Town, of the nature and
quality customarily provided at the Shelter. Animals attributable to the Town are
animals impounded within the Town of Vail and animals owned by persons
dwelling, permanently or temporarily, in the Town of Vail.
B. Emergency On Call Services shall include:
i. Unless otherwise arranged in accordance with Section 3.C of this Agreement,
Emergency On-Call Services will be provided outside normal County business
hours. In the event that an Eagle County Animal Services Officer is not
immediately available to respond to an incident or emergency, the Town of Vail
will provide available personnel to secure the scene and administer control of the
situation until the Eagle County Animal Services Officer arrives to resolve said
incident.
C. After Hours Patrolling
i. When requested by the Town and approved by the County patrolling will be
provided outside of normal County business hours.
October 20, 2020 - Page 33 of 203
3
SECTION 4. OFFICIAL STATUS.
For the purpose of performing the Services and functions set forth in this agreement, Eagle County
Animal Services shall enforce, as the Town’s agent, the Town of Vail Animal Ordinances relating
to animal control and licensing now in effect and as amended.
SECTION 5. EQUIPMENT.
The County shall furnish and supply, at its sole expense, all necessary labor, supervision,
equipment, motor vehicles, office space, and operating and office supplies necessary to provide
the services to be rendered hereunder.
SECTION 6. COMPENSATION.
A. The Town of Vail agrees to pay the County, monthly, at the following amounts:
1. January 1, 2021 through December 31, 2021: $4,205.00/month
2. January 1, 2022 through December 31, 2022: $4,335.00/month
3. January 1, 2022 through December 31, 2023: $4,335.00/month
B. The Town of Vail agrees to pay the County on or before the fifteenth day of each month
for all Services rendered the previous month.
C. All fees and expenses recovered at or for the Shelter will remain with the County.
D. All court fines and costs will remain with the court of venue.
SECTION 7. PERSONNEL.
A. The Eagle County Animal Services Officer shall have full cooperation from the Town of
Vail, its public works, its police officers and/or their respective officers, agents, and
employees, so as to facilitate the performance of this Agreement.
B. The rendition of Services provided for herein, the standards of performance, the discipline
of officers, and other matters incident to the performance of such services and the control
of personnel so employed, shall remain in the County.
C. All persons employed in the performance of such Services for the Town of Vail, pursuant
to this agreement, shall be County employees, except for Town personnel used to secure
the scene as described in Section 3.
SECTION 8. LIABILITY AND INSURANCE.
A. The County and the Town shall respectively provide its own general liability and public
officials’ errors and omissions insurance coverage for claims arising from this Agreement.
October 20, 2020 - Page 34 of 203
4
Further, the County and the Town, respectively as named insureds, shall include the other
respective party, its officers, employees, and agents, as additional insureds under the named
insured’s insurance policies. The named insured’s insurance shall be primary and non-
contributory as respects any covered claim against an additional insured arising out of the
premises or operations of the named insured. The parties agree that a claim arising out of
the County’s enforcement of the Town’s ordinance in accordance with the terms of this
Agreement shall constitute an operation of the Town for purposes of the County’s
additional insured status under the Town’s insurance. A certificate of insurance consistent
with the foregoing requirement is attached hereto as Exhibit A. This provision shall
survive expiration or termination of this Agreement.
B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to either party, its officials,
employees, contractors’ or agents, or any other person acting on behalf of either party and,
in particular, governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
This paragraph shall survive termination of this Agreement.
SECTION 9. TERM AND TERMINATION.
A. This Agreement is effective January 1, 2021, and shall end at 11:59 p.m. on the 31st day
of December, 2023. Either party shall have the right to terminate this agreement with or
without cause at any time by giving the other party thirty (30) days' prior written notice of
termination. Upon termination, the County shall be entitled to compensation for services
performed prior to such termination (calculated by prorating the monthly rate for the
number of days the County performed Services), and both parties shall thereafter be
relieved of any and all duties and obligations under this Agreement.
B. Obligations of the Town of Vail and the County, respectively, after the current fiscal year,
are contingent upon funds for the purpose set forth in this Agreement being appropriated,
budgeted and otherwise made available.
[the rest of this page is intentionally blank]
October 20, 2020 - Page 35 of 203
5
SECTION 10. GENERAL PROVISIONS.
A. Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town of Vail and the County, under this Agreement, shall be in
writing and shall be deemed to have been given or served, if delivered or if mailed by
certified mail, postage prepaid or hand delivered to the parties as follows:
Town of Vail:
Town Attorney
75 S. Frontage Road
Vail, CO 81657
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either party may change the address to which notices, requests, consents, approvals, written
instructions, reports or other communications are to be given by a notice of change of address
given in the manner set forth in this paragraph A.
B. This Agreement does not and shall not be deemed to confer upon or grant to any third party
any right to claim damages or to bring any lawsuit, action or other proceedings against
either the Town or the County because of any breach hereof or because of any terms,
covenants, agreements or conditions contained herein.
C. No modification or waiver of this Agreement or of any covenant, condition, or provision
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith.
D. This written Agreement embodies the whole agreement between the parties hereto and
there are no inducements, promises, terms, conditions, or obligations made or entered into
either by the County or the Town other than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their successors or
assigns and may not be assigned by anyone without the prior written consent of the other
respective party hereto.
F. All agreements and covenants herein are severable, and in the event that any of them shall
be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as
if such invalid Agreement or covenant were not contained herein.
October 20, 2020 - Page 36 of 203
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
By: ______________________________
Kathy Chandler-Henry , Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
TOWN OF VAIL
Attest:
By:___________________________By:__________________________________
Town Clerk Mayor
October 20, 2020 - Page 37 of 203
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. 47, S eries of 2020 A Resolution of the Vail Town Council
Authorizing the Amendment of Certain Deed Restrictions with Mountain Valley Developmental Services
B AC K G RO UND: The purpose of this memorandum is to present the request made by Mountain
Valley Development S ervices, I nc. and seek authorization from the Vail Town Council to rent their
E mployee Housing Units. I f authorized, the Town staff will take the steps necessary to amend the
three deed restrictions as directed and properly record the amended restrictions. T he Vail L ocal
Housing A uthority reviewed this request and has forwarded a unanimous recommendation of
approval to the Vail Town Council, as proposed.
AT TAC H ME N TS:
Description
Mountain Valley Developmental Services Amended Deed Restriction Memorandum 10202020
Resolution No. 47, Series of 2020
October 20, 2020 - Page 38 of 203
To: Vail Town Council
From: George Ruther, Housing Director
Date: October 20, 2020
Subject: A Resolution of the Vail Town Council Authorizing the Amendment of Certain
Deed Restrictions with Mountain Valley Developmental Services
1. SUMMARY
The Town of Vail Housing Department received a request from Mountain Valley
Development Services (MVDS), Inc. to amend three existing deed restrictions on
properties they own at 2085 Zermatt Lane, #C (Vail Commons) and Red Sandstone
Creek Townhomes, #A1 and #B9 for periods not to exceed six months to qualified
employees of Eagle County who are not otherwise affiliated with MVDS during times of
vacancy.
The purpose of this memorandum is to present the request made by Mountain Valley
Development Services, Inc. and seek authorization from the Vail Town Council. If
authorized, the Town staff will take the steps necessary to amend the three deed
restrictions as directed and properly record the amended restrictions.
The Vail Local Housing Authority reviewed this request and has forwarded a unanimous
recommendation of approval to the Vail Town Council, as proposed.
This requested action supports the goals and priorities of the Vail Town Council as
articulated in the Vail Town Council Action Plan 2018-20.
2. BACKGROUND
Mountain Valley Developmental Services is a non-profit corporation providing vocational,
residential and other services to persons of all ages with developmental disabilities.
MVDS purchased three, deed-restricted homes located at Vail Commons 2085 Zermatt
Lane, Unit C and Red Sandstone Creek, Unit #A1 and #B9 to serve the needs of their
clients and staff. Memorandums of Acceptance of Deed Restrictions were recorded for
each of the three homes. The Memorandums of Acceptance state the homes shall be
used for their program participants or employees.
October 20, 2020 - Page 39 of 203
Town of Vail Page 2
“the use and occupancy of developmentally disabled persons being
served by Mountain Valley is in furtherance of the policy of the State
of Colorado as set forth in C.S.R. 30-28-115 (2)(a) to assist
developmentally disabled persons to live in normal residential
surroundings and work in communities, and in furtherance of the
objective of the Town of Vail to facilitate the occupancy of affordable
housing by Vail Valley residents with minimal cost to the Town of Vail.”
2. So long as Mountain Valley shall own the property, the property
shall be used and occupied by not more than 3 unrelated residents
who shall be developmentally disabled persons receiving services
from Mountain Valley and/or by one person then employed
by Mountain Valley and providing assisted living services to the
developmentally disabled residents. Such clients shall be employed
in Eagle County, at least one of whom works at least 30 hours per
week on an annual basis.”
MVDS is seeking the ability to lease their three properties to non-MVDS clients or
employees. According to the letter of request from MVDS, there are no current program
clients or employees requiring homes at this time. As such, the homes currently remain
vacant. To prevent the homes from remaining vacant, MVDS is requesting to amend the
deed restrictions to allow leasing of the homes for a period not to exceed six months to
qualified employees of Eagle County who are not otherwise affiliated with MVDS. The six-
month duration ensures the homes could be made available for the intended persons
when demand returns.
3. RECOMMENDATION
The Vail Local Housing Authority and the Town staff recommend the Vail Town Council
approves Resolution No. 47, Series of 2020 authorizing the Town Manager to take the
steps necessary to amend the deed restrictions as requested and to include the following
provisions:
1. Allow leasing of the homes for temporary periods only not to exceed six months
during times of vacancy
2. Any non-MVDS tenant(s) is employed at a business in Eagle County for an
average of thirty hours per week on an annual basis; and
3. MDVS provides proof of the tenant’s employment annually.
4. ATTACHMENTS
• Resolution No. 47, Series of 2020
October 20, 2020 - Page 40 of 203
1
RESOLUTION NO. 47
SERIES 2020
A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE
AMENDMENT OF CERTAIN DEED RESTRICTIONS WITH MOUNTAIN
VALLEY DEVELOPMENTAL SERVICES AND SETTING FORTH
DETAILS IN REGARD THERETO
WHEREAS, Mountain Valley Developmental Services (“MVDS’) is a non-profit
corporation providing vocational, residential and other services to persons of all ages with
developmental disabilities;
WHEREAS, MVDS currently owns three, deed-restricted homes in the Town of
Vail located at Vail Commons, 2085 Zermatt Lane, Unit C; and Red Sandstone Creek,
Units A1 and B9 (the “MVDS Units’”) to serve the needs of their clients and staff;
WHEREAS, the Town has received a request from MVDS to amend the deed
restrictions currently encumbering the MVDS Units to allow for the units to be rented, for
a period not to exceed six months, to qualified employees of Eagle County during times
of vacancy when there are no clients or staff of MVDS interested in renting the MVDS
Units.
WHEREAS, the Vail Local Housing Authority has reviewed the request from MVDS
and has unanimously recommended approval of the same to the Town Council; and
WHEREAS, the requested amendment to the subject deed restrictions supports
the goals and priorities of the Town Council as articulated in the Town Council Action
Plan 2018-20.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Town Council hereby authorizes the Town Manager to execute
an amendment, of behalf of the Town and in a form approved by the Town Attorney, to
the deed restrictions currently encumbering the MVDS Units which will allow for the
MVDS Units to be rented, for a period not to exceed six months, to qualified employees
of Eagle County during times of vacancy when there are no clients or staff of MVDS
interested in renting the MVDS Units.
Section 2. This Resolution shall take effect immediately.
October 20, 2020 - Page 41 of 203
2
INTRODUCED, READ, APPROVED AND ADOPTED THIS 20th DAY OF
OCTOBER 2020.
______________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 42 of 203
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: Avolve S oftware Contract Award
B AC K G RO UND: The ProjectDox system is used by Community Development for various plan
submittals and review. I t is a critical application to this department, as well as to the contractors and
homeowners that use it for their various construction projects. T his upgrade will provide fixes for
some current issues, as well as offer some enhancements that will make the product easier to use.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into a contract in a form
approved by the Town A ttorney with Avolve Corporation in the amount of $75,650.
AT TAC H ME N TS:
Description
Avolve Project
October 20, 2020 - Page 43 of 203
To: Vail Town Council
From: TJ Johnson, IT Director
Date: October 20, 2020
Subject: Authorize Avolve ProjectDox Upgrade
I. ITEM/TOPIC
Review the proposal for ProjectDox upgrade and ongoing support services from Avolve.
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to accept the proposal and terms from the Avolve
Corporation to implement a Software As A Service (SaaS) version of their ProjectDox
software to support our Community Development department.
III. BACKGROUND
The ProjectDox system is used by Community Development for various plan submittals
and review. It is a critical application to this department, as well as to the contractors
and homeowners that use it for their various construction projects. This upgrade will
provide fixes for some current issues, as well as offer some enhancements that will
make the product easier to use. Finally, by going to a SaaS model, we are ensuring
better support and upgrades in the future. . The key services that will be provided by
Avolve for this project are:
• Implementation of an updated Production instance of ProjectDox software
• Migration of all existing Town of Vail data to this new instance
• Implementation of a Test instance of ProjectDox software
o This is a huge benefit, providing the ability to test enhancements to the
system without causing risk to our Production environment
• 24/7 support model
• Ongoing updates and upgrades included in the subscription
The budget for this project will come out of our Software Licensing capital project, and is
already available. It will be included in that same budget moving forward.
The SaaS master agreement and proposal are both included in the packet for review.
October 20, 2020 - Page 44 of 203
Town of Vail Page 2
V. STAFF RECOMMENDATION
Authorize the Town Manager to accept the attached proposal from the Avolve
Corporation in the amount of $75,650.
October 20, 2020 - Page 45 of 203
02092017 Page 1 of 21
AVOLVE SOFTWARE CORPORATION
Software as a Services Agreement
This agreement (“Agreement”) is made this 20th day of October, 2020 (“Effective Date”) by and between Avolve Software
Corporation, a Delaware corporation with offices at 4835 E. Cactus Road, Suite 420, Scottsdale, Arizona 85254, United
States of America, (“Avolve” or “Services Provider”) and Town of Vail, CO (“Customer”).
WHEREAS Avolve offers remotely hosted subscription, software-as-a-service access (on hardware owned or operated on
behalf of Avolve by a third party hosting service provider such as Microsoft Corporation) to Avolve’s software
(collectively, such hosted electronic plan review and project information management, collaboration and review system,
including all software applications, application program interfaces, modules, databases, hardware, infrastructure,
documentation and system administration, management and monitoring activities that Avolve provides for the software
shall be referred to herein as the “Avolve SAAS Solution”);
WHEREAS Avolve provides professional services (“Professional Services”) to assist customers with among other things,
implementation of the Avolve SAAS Solution and training;
WHEREAS the Customer desires to purchase use rights for the Avolve SAAS Solution and related Professional Services
(the “Initial Purchase”) from Avolve and, pay for such purchases either directly or pursuant to an agreement between
the Customer and a third party financing source reasonably acceptable to Avolve (the “Financing Company”); and
WHEREAS Avolve and Customer now desire to provide the terms and conditions under which Avolve will provide the
Initial Purchase to Customer, as well provide the terms and conditions for the Customer to purchase other Professional
Services from Avolve, with or without the assistance of Financing Company or another paying agent;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, Avolve
and Customer agree as follows.
SECTION A. – AVOLVE SAAS SOLUTION
1. Avolve SAAS Solution.
a. Use Rights. Subject to Customer’s compliance with all the terms and conditions of this Agreement,
Avolve grants to Customer a non-exclusive, non-transferable, non-sublicensable right during the
subscription term (“Subscription Term”) identified in the Implementation SOW (attached hereto as
Exhibit 2) to permit Users to use the Avolve SAAS Solution identified in the Implementation SOW for
Customer’s internal business operations, solely for the specific Business Unit(s) as further set forth in
the Implementation SOW. Should Customer desire to reorganize any such Business Unit, it shall
provide Avolve written notice as soon as possible following the determination of reorganization, so
that Avolve may review the planned reorganization to determine if it is consistent with the Business
Unit limitation in this use rights grant and, if not, what additional fees will be required due to
Customer’s reorganization to include additional Business Units. As used in this Agreement, “User”
means authorized Customer employees and third parties that require access to the Avolve SAAS
Solution in connection with the Customer’s internal business operations, such as the Customer’s
administrators, contractors, reviewers, and applicants. There may be different types/levels of Users
for the Avolve SAAS Solution, such as administrator Users, if so identified in the Implementation SOW.
b. Storage. The Avolve SAAS Solution will include for the initial Subscription Term the amount of storage
set forth in the Implementation SOW. Customer acknowledges that should Customer exceed the
included storage limits after Avolve has sent notice to Customer in accordance with Avolve's then-
current standard storage limits and data backup practices (available upon request), additional charges
will be incurred by Customer. Avolve shall invoice Customer for any such additional incurred charges,
and Customer shall pay such invoices, in accordance with Section C of this Agreement. Avolve may, in
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its sole discretion, modify the amount of standard storage included at no additional charge with the
Avolve SAAS Solution, with such modification to become effective upon the effective date of any
renewal term provided that Avolve provides Customer written notice of such modification at least
ninety days in advance of the expiration of the then-current Subscription Term.
c. Restrictions on Use. Customer will not, and will ensure that its Users do not: (i) except as expressly
stated herein, copy, reproduce, distribute, republish, download, display, host or transmit in any form
or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other
means, any part of Avolve SAAS Solution or any other Avolve materials; (ii) use the Avolve SAAS Solution
or any other Avolve materials to provide services to third parties (e.g., business process outsourcing,
service bureau applications or third party training); (ii) assign, sublicense, sell, lease, loan, resell,
sublicense or otherwise distribute or transfer or convey the Avolve SAAS Solution or any other Avolve
materials, or pledge as security or otherwise encumber Customer’s rights under this Agreement; (iii)
make any use of or perform any acts with respect to the Avolve SAAS Solution or any other Avolve
materials other than as expressly permitted in accordance with the terms of this Agreement; or (iv) use
the Avolve SAAS Solution components other than those specifically identified in the Implementation
SOW and then only as part of Avolve SAAS Solution as a whole, even if it is also technically possible for
Customer to access other Avolve SAAS Solution components; or (v) modify, further develop or create
any derivative works of, disassemble, decompile, reverse engineer or otherwise attempt to obtain or
perceive the source code from which any part of Avolve SAAS Solution is compiled or interpreted, or
access or use Avolve SAAS Solution in order to build a similar or competitive product or service; (vi)
allow use of the Avolve SAAS Solution or any other Avolve materials by anyone other than authorized
Users; (vii) publish any results of benchmark tests run on Avolve SAAS Solution; (viii) unless otherwise
expressly authorized in writing by Avolve, use the Avolve SAAS Solution in connection with any software
product or tools, or any other software as a service not provided by Avolve; and (ix) input, upload,
transmit or otherwise provide to or through Avolve SAAS Solution or any systems used by Avolve
anything that is unlawful, injurious, or contains, transmits or activates any harmful code. Customer
acknowledges that nothing herein will be construed to grant Customer any right to obtain or use the
source code from which Avolve SAAS Solution is delivered. Customer shall not tamper with or attempt
to disable any security device or protection used by Avolve SAAS Solution or any other Avolve materials,
nor shall Customer damage, destroy, disrupt or otherwise impede or harm in any manner the Avolve
SAAS Solution or any systems used by Avolve. Customer agrees to take all commercially reasonable
steps to ensure that Users abide by the terms of this Agreement and expressly agrees to indemnify
Avolve, its officers, employees, agents and subcontractors from and against all claims, liabilities, losses,
damages and costs (including reasonable attorney fees) suffered by Avolve arising from a breach by
the User of the conditions of this Agreement.
d. High-Risk Activities. The Avolve SAAS Solution is not fault-tolerant and is not designed, manufactured,
or intended for use or resale as online control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines or weapons systems, in which the failure of the
Avolve SAAS Solution or derived binaries could lead directly to death, personal injury, or severe physical
or environmental damage. The Avolve SAAS Solution is also not designed or intended for use with
Federal Tax Information (FTI) as defined in the Internal Revenue Service Publication 1075 (IRS 1075) or
criminal justice information ("CJI"), such as fingerprint records and criminal histories. Customer shall
not use the Avolve SAAS Solution for any of these high-risk activities, including without limitation
transmitting, storing or otherwise processing any FTI or CJI with the Avolve SAAS Solution.
e. Project Administrator. Customer agrees, if not already designed in the Implementation SOW, to
promptly designate in writing one person to be the Customer’s point person responsible for all
communications with Avolve (the Customer’s “Project Administrator”). The Project Administrator is
responsible for project administration duties as documented in the Avolve systems guides, statements
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of work, and documentation (collectively, the “Documentation”), as provided for time to time by
Avolve to Customer.
f. Customer Connection. During the Term, the Customer is responsible for obtaining and maintaining
connection to the Avolve SAAS Solution, including the Internet connection. Avolve shall not be
responsible for any inadequacy or lack of functionality of Customer’s connection to the Avolve SAAS
Solution or the inability of the Customer’s computer, telecommunications provider, or other
equipment and capabilities to access or use the Avolve SAAS Solution.
g. Third Party Service Providers and Components. Notwithstanding anything to the contrary in this
Agreement or any other documents between Avolve and Customer, Customer acknowledges and
agrees as follows.
1. The Avolve SAAS Solution and its component parts are protected by copyright and
other propriety rights of Avolve and one or more third party software vendors
(including Oracle and Open Text Corporation (“OTC”) (all such third party vendors,
including without limitation Oracle and OTC, shall be referred to herein as “third
party vendors” or “third party software vendors”). Customer may be held directly
responsible by such third party vendors for acts relating to the Avolve SAAS Solution
component parts that are not authorized by this Agreement. Customer’s use of such
third party software is limited to only in conjunction with Avolve SAAS Solution and
Customer acknowledges that it is not allowed to modify such third party software or
use it independent from Avolve SAAS Solution. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE CUSTOMER WAIVES, AND WILL CAUSE ITS USERS TO WAIVE,
ALL CLAIMS AND CAUSES OF ACTION AGAINST SUCH THIRD PARTY SOFTWARE
VENDORS THAT ARISE UNDER THIS AGREEMENT.
2. If Customer purchases from Avolve hosting of the Avolve SAAS Solution on the
Microsoft® Windows AzureTM platform, the terms and conditions for such cloud
services as such may be updated by Microsoft Corporation from time to time, are
found online on at https://docs.microsoft.com/en-us/partner-center/agreements.
Customer should review the documents available on this website carefully to be sure
that Customer reviews the appropriate customer agreement. If Customer has
purchased Microsoft Cloud for US Government, review the customer agreement for
Microsoft Cloud for US Government. If Customer is purchasing commercial access,
the customer agreement for commercial access for the United States applies. Upon
Customer's request, Avolve will provide Customer with assistance on finding and/or
a copy of the appropriate Microsoft customer agreement. Customer acknowledges
and agrees THAT (A) THE HOSTED SERVICES WILL BE PERFORMED SOLELY AND
EXCLUSIVELY SUBJECT TO THE APPLICABLE MICROSOFT CORPORATION'S CUSTOMER
AGREEMENT (the "Microsoft Customer Agreement) , (B) THAT AVOLVE DOES NOT
GUARANTY MICROSOFT CORPORATION'S OBLIGATIONS PURSUANT TO THE
MICROSOFT CUSTOMER AGREEMENT, AND (C) NOR CAN AVOLVE GRANT ANY
WARRANTIES OR ADDITIONAL TERMS TO THE CUSTOMER AS TO THE HOSTED
SERVICES UNDER THIS AGREEMENT. THE HOSTED SERVICES ARE SOLELY GOVERNED
BY THE MICROSOFT CUSTOMER AGREEMENT, TO WHICH AVOVLE IS NOT A PARTY.
Microsoft Corporation makes certain service level commitments to its customers,
which are available online in the Microsoft Corporation's SLAs at
https://azure.microsoft.com/en-us/support/legal/sla/summary/. If Customer
desires to make a claim under the Microsoft Corporation SLAs, Customer shall submit
the claim through Avolve. Avolve will escalate the claim to Microsoft Corporation for
review. If Microsoft Corporation determines that a credit is due, Avolve will credit
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Customer the amount Microsoft Corporation has paid to Avolve for the SLA credit
promptly after receiving the credit from Microsoft Corporation.
h. Compatibility Updates. Avolve will make commercially reasonable efforts to update the Avolve SAAS
Solution, if and as required, to cause it to operate under new versions or releases of current operating
systems and internet browsers, within fifteen (15) months of general availability.
i. Passwords, Access. Customer may designate and add Users and shall provide and assign unique
passwords and user names to each authorized User pursuant to Avolve’s then-current protocols. At
Avolve’s discretion, Users may be added either by Avolve or directly by Customer. Customer shall
ensure that multiple Users do not share a password or user name. Customer further acknowledges
and agrees that it is prohibited from sharing passwords and/or user names with unauthorized users.
Customer will be responsible for the confidentiality and use of its Users passwords and user names.
Avolve will act as though any electronic communications it receives under such passwords, user names,
and/or account numbers have been sent by Customer. Customer agrees to immediately notify Avolve
if it becomes aware of any loss or theft or unauthorized use of any of passwords, user names, and/or
account numbers. Customer agrees not to access Avolve Cloud by any means other than through the
interfaces that are provided by Avolve.
j. Transmission Of Data. Customer understands that the technical processing and transmission of
Customer Data is necessary to use of the Avolve SAAS Solution, and consent to Avolve’s interception
and storage of Customer Data. Customer understands that its Users or Avolve may be transmitting
Customer Data over the Internet, and over various networks, only part of which may be owned by
Avolve. Avolve is not responsible for any portions of Customer Data that are lost, altered, intercepted
or stored without authorization during the transmission of Customer Data across networks not owned
by Avolve.
k. Customer Responsibilities. Customer will (a) be responsible for Users’ compliance with this Agreement,
(b) be responsible for the accuracy, quality and legality of Customer Data and the means by which it
acquired Customer Data, (c) be responsible for cooperating and assisting Avolve as reasonably
requested by Avolve to facilitate performance of its obligations and exercising of its rights under this
Agreement, (d) use the Avolve SAAS Solution and any other materials provided by Avolve only in
accordance with the Documentation and applicable laws and government regulations, including
complying with all applicable legal requirements regarding privacy and data protection so as to not
violate the intellectual property, privacy or any other rights of any third parties, and (e) use
commercially reasonable efforts to prevent any security breach, including any unauthorized access to
or use of the Avolve SAAS Solution. Should Customer become aware of any actual or threated security
breach, Customer shall promptly notify Avolve and take all reasonable and lawful measures within its
control that are necessary to stop the activity or threatened activity and to mitigate its effects
(including, where applicable, by discontinuing and preventing any unauthorized access to the Avolve
SAAS Solution). Customer shall provide sufficient notice to, and obtain sufficient consent from, its
Users and any other party providing personal data to Avolve and its suppliers (including the Microsoft
Corporation) to permit the processing of data by Avolve and its supplier, and their respective affiliates,
subsidiaries, and service providers solely to the extent such processing of data is expressly allowed for
under this Agreement, including for the purpose of disclosing it to law enforcement or other
governmental authorities as directed by Avolve solely to the extent Avolve is required to do so by law,
or otherwise mutually agreed to in writing by the parties.
l. Data Backup. The Avolve SAAS Solution is programmed to perform data backups of Customer Data
stored within the Avolve SAAS Solution in accordance with Avolve's then-current standard storage
limits and data backup practices (available upon request). Additional data backups may be purchased
for an additional fee from Avolve and such additional data backup services shall be documented in an
SOW pursuant to Section B of this Agreement. In the event of any loss, destruction, damage or
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corruption of Customer Data caused by Avolve or the Avolve SAAS Solution, Avolve, as its sole
obligation and liability and as Customer’s sole remedy, will use commercially reasonable efforts to
restore Customer Data from Avolve’s most current backup of Customer Data.
m. Ownership. Customer acknowledges and agrees that Avolve owns all right, title, and interest in and to
all intellectual property rights (including all derivatives or improvements thereof) in the Avolve SAAS
Solution and any suggestions, enhancements requests, feedback, recommendations or other
information provided by Customer or any of its Users related to the Avolve SAAS Solution. Customer’s
use rights to the Avolve SAAS Solution and the related materials supplied by Avolve pursuant to this
Agreement are strictly limited to the right to use the proprietary rights in accordance with the terms of
this Agreement. No right of ownership, expressed or implied, is granted under this Agreement.
2. Security. The security, privacy and data protection commitments set forth in this Agreement only apply to
products and services provided by Avolve directly to Customer and do not include any products or services
resold by Avolve hereunder, including any hosting services provided by Microsoft Corporation pursuant to the
Customer's Microsoft Customer Agreement.
a. Security Program. Avolve has implemented and maintains an information security program that
incorporates administrative, technical, and physical safeguards designed to protect the security,
confidentiality, and integrity of the Customer Data provided by Customer and its Users to Avolve in
accordance with this Agreement.
b. Annual Audit. Avolve will use commercially reasonable efforts to conduct an annual security audit of
Avolve using an independent third party selected by Avolve. Upon the Customer’s written request, a
copy of the final report from any such audit shall be promptly provided the Customer. The Customer
agrees that any such reports or other information provided to Customer concerning any audit shall be
the Confidential Information of Avolve.
c. Security Breach. Avolve will notify Customer promptly and in no event later than one (1) business day
following Avolve’s discovery of a Data Security Breach (defined below) and shall (i) undertake a
reasonable investigation of the reasons for and the circumstances surrounding such Data Security
Breach and (ii) reasonably cooperate with Customer in connection with such investigation, including
by providing Customer with an initial summary of the results of Avolve’s investigation as soon as
possible, but in all cases within two (2) business days after the date Avolve discovered or reasonably
suspected a Data Security Breach, and then regular updates on the investigation as it progresses; (iii)
not make any public announcements relating to such Data Security Breach without Customer’s prior
written approval, which shall not be unreasonably withheld; (iv) use commercially reasonable efforts
to take all necessary and appropriate corrective action reasonably possible on Avolve’s part designed
to prevent a recurrence of such Data Security Breach; (v) collect and preserve evidence concerning the
discovery, cause, vulnerability, remedial actions and impact related to such Data Security Breach, which
shall meet reasonable expectations of forensic admissibility; and (vi) if requested by Customer, at
Customer’s cost, provide notice to individuals or entities whose Confidential Information was or may
have been affected in a manner and format specified by Customer. In the event of any Data Security
Breach is caused by Avolve, Customer shall have, in addition to all other rights and remedies available
under this Agreement, law and equity, the right to terminate the Agreement upon thirty (30) days prior
written notice. For purposes of this Agreement, the term “Data Security Breach” shall mean any of the
following occurring in connection with Customer Data in connection with Customer’s and its Users’
authorized use of the Avolve SAAS Solution: (a) the loss or misuse of Customer Data; and (b) disclosure
to, or acquisition, access or use by, any person not authorized to receive Customer Data, other than in
circumstances in which the disclosure, acquisition, access or use is made in good faith and within the
course and scope of the employment with Avolve or other professional relationship with Avolve and
does not result in any further unauthorized disclosure, acquisition, access or use of Customer Data.
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d. Signatures. The parties shall use electronic signatures for all agreements unless otherwise prohibited
by law. Prior to any public disclosure of any document containing a signature, the signature shall be
redacted by the disclosing party in a manner which renders it illegible and unable to be copied.
3. Suspension Right. Avolve reserves the right to include disabling devices in the service and software provided
under this Agreement and to use such disabling devices to suspend access and/or use when any payment is
overdue or when Avolve believes that Users are using the Avolve SAAS Solution and/or any other materials or
services provided by Avolve hereunder not in accordance with the Documentation, this Agreement and/or
applicable laws and government regulations. In addition, if Customer is using Microsoft Corporation for hosting
services, Microsoft Corporation may terminate or suspend Customer's hosting services in accordance with the
Customer's Microsoft Customer Agreement and, should this happen, Customer will not be able to access the
Avolve SAAS Solution. Customer agrees that Avolve shall not be liable to Customer, Users or to any third party
for any suspension or inability to access the Avolve SAAS Solution pursuant to this Section A(3). If suspended
for failure to pay, upon payment in full of all amounts overdue (including any interest owed), Customer may
request the reactivation of its account. Avolve shall reactivate promptly after receiving in advance all applicable
reactivation fees, provided that Avolve has not already terminated this Agreement.
4. Ownership and Disposition of Customer Owned Data, Hosting Location. “Customer Data” refers to the data
provided by the Customer that resides in the Customer’s Avolve SAAS Solution environment, including any plan
review, project drawings and associated project documents. Customer shall own all Customer Data that may
reside within Contractor’s hosting environment, to include Disaster recovery site, equipment and media.
Contractor is granted no rights hereunder to use the Customer Data except to the extent necessary to fulfill its
obligations to Customer under this Agreement. Unless approved in writing by Customer, Avolve shall host the
Avolve SAAS Solution provided to Customer hereunder from a data center located within the United States.
Upon termination or expiration of Customer’s right to use the Avolve SAAS Solution for any reason other than
Customer’s uncured material breach, for the first thirty (30) calendar days following termination or expiration,
Customer may request in writing that Avolve provide an copy of Customer's then-current Customer Data and,
for no additional cost, Avolve shall provide a copy in a mutually agreed upon format on media supplied by the
Customer. If the parties are unable to mutually agree upon the format or the media supplied by Customer is
not acceptable to Avolve, Avolve will use commercially reasonable efforts to still provide a copy of the Customer
Data but Avolve may charge a reasonable professional services fee for increased costs incurred. After this time
period has expired, Avolve has no further obligation to retain the Customer Data and shall use commercially
reasonable efforts to promptly delete all Customer Data from the Avolve SAAS Solution.
5. Verification. Avolve shall be permitted to audit (at least once annually and in accordance with Avolve standard
procedures, which may include on-site and/or remote audit) the usage of the Avolve SAAS Solution and any
other materials provided by Avolve to Customer. Customer shall cooperate reasonably in the conduct of such
audits. In the event an audit reveals that (i) Customer underpaid fees to Avolve and/or (ii) that Customer has
used in excess of the use rights granted herein, Customer shall pay such underpaid fees for such excess usage.
Reasonable costs of Avolve’s audit shall be paid by Customer if the audit results indicate usage in excess of the
authorized quantities or levels. Avolve reserves all rights at law and equity with respect to both Customer’s
underpayment of fees and usage in excess of the authorized quantities or levels.
SECTION B. – PROFESSIONAL SERVICES AND SOWS
1. Statements of Work. From time-to-time during the Term of this Agreement, the parties may enter into
statements-of-work (each being an “SOW”) for Avolve SAAS Solution use rights (including additional storage)
and/or Professional Services on terms mutually agreed in writing between the parties in the SOW, including,
without limitation, scope of services, expected deliverables, milestone dates, acceptance procedures and
criteria, fees and other such matters. No SOW shall be binding until executed by both parties. Each SOW will
be incorporated into and subject to this Agreement. In the case of any conflict between the SOW and this
Agreement, this Agreement shall control unless the SOW specifically states otherwise.
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SECTION C. – GENERAL TERMS AND CONDITIONS
1. Fees.
a. Implementation SOW and Additional Storage Fees. The Implementation SOW includes the Avolve SAAS
Solution subscription fees, as well as the training and implementation professional services; which,
unless set forth otherwise in the Implementation SOW, shall be invoiced by Avolve in full, in advance
on the Effective Date. Additional storage fees shall be as set forth in the then-current standard storage
limits and data backup practices document, a copy of which is available from Avolve upon request.
Additional storage fees will be invoiced in accordance with the then-current standard storage limits
and data backup practices document.
b. Other SOWs. Any SOWs that Avolve and the Customer may execute from time to time during the Term
of this Agreement shall include within them the applicable fees, including whether the Avolve SAAS
Solution subscription fees and/or Professional Services fees are being paid by Customer through
Financing Company, by Customer through another paying agent, or by Customer directly to Avolve.
Unless otherwise specified in the SOW, Professional Services fees will be invoiced as the Professional
Services are delivered and Avolve SAAS Solution subscription fees will be invoiced yearly, in advance,
in full at the time the SOW is executed.
c. General Terms. Unless set forth otherwise in an SOW, payment on all invoiced amounts shall be due
thirty (30) days from receipt of invoice, with past due amounts accruing interest at the rate of the lesser
of either 18% per annum or the maximum amount as allowed by law.
Avolve will invoice for the Avolve SAAS Solution subscription fees yearly, in advance, with the first invoice being
issued on the Effective Date of this Agreement. The Customer agrees to pay all invoiced subscription fees net
thirty (30) days from receipt of invoice, with past due amounts accruing interest at the rate of the lesser of
either 18% per annum or the maximum amount as allowed by law. All fees are due in advance, irrevocable and
non-refundable (except as expressly set forth otherwise in this Agreement). Customer agrees to provide Avolve
with complete and accurate billing and contact information.
2. Taxes. Fees and other charges described in this Agreement do not include federal, state or local sales, foreign
withholding, use, property, excise, service, or similar transaction taxes (“Tax(es)”) now or hereafter levied, all of
which shall be for Customer’s account. Any applicable direct pay permits or valid tax-exempt certificates must
be provided to Avolve prior to the execution of this Agreement. If Avolve is required to pay Taxes, Customer
shall reimburse Avolve for such amounts.
3. Term. Except if terminated earlier in accordance with this Section C(3), this Agreement shall commence on the
Effective Date and shall continue for the longer of either (a) the expiration of the Subscription Term for the
Avolve SAAS Solution or (b) the completion of all Professional Services under all SOWs. Except as otherwise
provided in any SOW, UPON THE EXPIRATION OF THE INITIAL TERM, THE SUBSCRIPTION TERM SHALL
AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS EACH EQUAL TO TWELVE (12) MONTHS, AT
AVOLVE’S THEN CURRENT FEES FOR CUSTOMER’S THEN CURRENT USAGE, UNLESS EITHER PARTY PROVIDES
NOTICE OF NON-RENEWAL AS SET FORTH IN THIS SECTION C(3). Avolve will provide notice of non-renewal or a
notice of the fees due for each Renewal Term at least sixty (60) days prior to the commencement of the Renewal
Term. If a notice of fees is provided, it will be in the form of an invoice. Customer acknowledges that it is its
responsibility to provide a current email address to Avolve and to monitor such address for such notices.
Customer may elect not to renew a Subscription Term by providing notice to Avolve at least thirty (30) days
prior to the commencement of the Renewal Term.
4. Termination. In addition to any termination rights that may be set forth in a specific SOW, either party may
terminate this Agreement immediately upon written notice in the event that the other party materially breaches
this Agreement and thereafter has failed to cure such material breach (or commenced diligent efforts to cure
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such breach that are reasonably acceptable to the terminating party) within thirty (30) days after receiving
written notice thereof. Without prejudice to either party's rights to terminate set forth in the prior sentence, if
Customer has purchased from Avolve hosting of the Avolve SAAS Solution on the Microsoft® Windows AzureTM
platform, and Microsoft Corporation terminates the Customer's Microsoft Customer Agreement during a
Subscription Term, Avolve and Customer shall act in good faith to determine a mutually acceptable replacement
provider promptly upon receiving notice of Microsoft Corporation's intent to terminate the Customer's
Microsoft Customer Agreement. Either Party may terminate this Agreement upon 90 days advance written
notice. Customer shall pay Avolve for all work previously authorized and completed prior to date of termination.
Avolve shall provide Customer a pro-rata refund for any unused portion of fees which have been prepaid by
Customer.
5. Force Majeure. Any delay or nonperformance of any provision of this Agreement (other than for the payment
of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party shall
not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be
deemed to be extended for a period equal to the duration of the conditions preventing performance.
6. Confidentiality. Each party shall use commercially reasonable efforts to hold confidential information
(“Confidential Information”) of the other in confidence. All Confidential Information (including but not limited
to data) shall (i) remain the sole property of the disclosing party and (ii) be used by the receiving party only as
authorized herein. Information will not be considered to be Confidential Information if (i) available to the public
other than by a breach of this agreement; (ii) rightfully received from a third party not in breach of any obligation
of confidentiality, (iii) independently developed by or for a party without access to Confidential Information of
the other; (iv) lawfully known to the receiving party at the time of disclosure, (v) produced in compliance with
applicable law, securities reporting requirement or a government or court order, provided the other party is
given notice and an opportunity to intervene; or (vi) it does not constitute a trade secret and more than three
(3) years have elapsed from the date of disclosure. If Avolve receives a request for Customer Data (either
directly or as redirected to Avolve by the Microsoft Corporation), then Avolve shall redirect the law enforcement
agency to request that data directly from Customer. If compelled to disclose Customer Data to law
enforcement, then Avolve shall promptly notify Customer and provide a copy of the demand, unless legally
prohibited from doing so. To the extent required by law, Customer shall notify individual Users that their data
may be processed for the purpose of disclosing it to law enforcement of other governmental authorities as
directed by Avolve, and shall obtain the User's consent to the same.
7. Indemnification; Limitation of Liability.
a. Indemnification. If a third party makes a claim against the Customer that any Customer’s use of the
Avolve SAAS Solution in accordance with the terms of this Agreement infringes such third party’s
intellectual property rights, Avolve, at its sole cost and expense, will defend Customer against the claim
and indemnify Customer from the damages, losses, liabilities, costs and expenses awarded by the court
to the third party claiming infringement or the settlement agreed to by Avolve, provided that Customer:
(i) notifies Avolve promptly in writing of the claim; (ii) gives Avolve sole control of the defense and any
settlement negotiations; and (iii) gives Avolve reasonable assistance in the defense of such claim. If
Avolve believes or it is determined that the Avolve SAAS Solution has violated a third party’s intellectual
property rights, Avolve may choose to either modify the Avolve SAAS Solution to be non-infringing or
obtain a license to allow for continued use, or if these alternatives are not commercially reasonable,
Avolve may terminate Customer’s use rights and refund any unused, prepaid fees Customer may have
paid to Avolve. Avolve will not indemnify the Customer to the extent that the alleged infringement
arises from (1) the combination, operation, or use of the Avolve SAAS Solution with products, services,
information, materials, technologies, business methods or processes not furnished by Avolve; (2)
modifications to the Avolve SAAS Solution, which modifications are not made by Avolve; (3) failure to
use updates to the Avolve SAAS Solution provided by Avolve; or (4) use of Avolve SAAS Solution except
in accordance with any applicable Documentation or specifications. This section provides THE SOLE,
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EXCLUSIVE, AND ENTIRE LIABILITY OF AVOLVE AND ITS LICENSORS TO CUSTOMER, AND IS CUSTOMER’s
SOLE REMEDY, WITH RESPECT TO THE INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL
PROPERTY RIGHTS.
b. Limitation of Liability. In no event will Avolve be liable for special, indirect, incidental, consequential,
or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of
data, interruption of business activities, or failure to realize savings arising out of or in connection with
this agreement, including without limitation use of the Avolve SAAS Solution and the provision of the
Professional Services. Except for direct damages and expenses associated with Avolve’s obligation to
indemnify Customer pursuant to Section C (7) (a), Avolve’s aggregate, cumulative liability for damages
and expenses arising out of this Agreement, whether based on a theory of contract or tort, including
negligence and strict liability, will be limited to the amount of fees receive by Avolve under this
Agreement (which fees may have been received by Avolve from Financing Company or directly from
Customer). Such fees reflect and are set in reliance upon this limitation of liability. The limited
remedies set forth in this Agreement shall apply notwithstanding the failure of their essential purpose.
8. Support; Warranties.
a. Support. During the Customer’s Subscription Term, at no additional cost to the Customer, Avolve shall
provide the Avolve SAAS Solution in accordance with Avolve’s Service Level Agreement (attached
hereto as Exhibit 1).
b. Warranties. Customer warrants and covenants that it owns or otherwise has and will have the
necessary rights and consents in and relating to the Customer Data so that, as received by Avolve and
processed in accordance with this Agreement, they do not and will not infringe, misappropriate or
otherwise violate any intellectual property rights, or any privacy or other rights of any third party or
violate any applicable laws or and government regulations, including but not limited to all foreign,
United States federal and United States state recording laws. If Customer is purchasing from Avolve
resold rights to Microsoft Cloud for US Government, Customer further warrants that it is one of the
following: (i) a bureau, office, agency, department or other entity of the United States Government;
(ii) any agency of a state or local government in the United States; (iii) any United States county,
borough, commonwealth, city, municipality, town, township, special purpose district, or other similar
type of governmental instrumentality established by the laws of Customer's state and located within
Customer's state jurisdiction and geographic boundaries; or (iv) a federally-recognized tribal entity
performing tribal governmental functions and eligible for funding and services from the US Department
of Interior by virtue of its status as an Indian tribe.
c. Disclaimer. Avolve AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES
STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
WARRANTY IS GIVEN AS TO ACCURACY, ERROR-FREE OR UNINTERRUPTED SERVICE. CUSTOMER
ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES, ANY AVOLVE MATERIALS,
THE AVOLVE SAAS SOLUTION OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR
SUFFICIENT FOR ITS PURPOSES. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION
OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
Avolve makes no warranties or conditions as to any services or products distributed under a third-party
name, copyright, trademark or trade name that may be offered with or incorporated with the Avolve
SAAS Solution or Professional Services provided by Avolve hereunder (such as the Microsoft hosting
services). To the maximum extent permitted by law, Avolve will have no liability in connection with
the third-party services or products.
October 20, 2020 - Page 54 of 203
02092017 Page 10 of 21
9. Illegal Aliens.
a. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this
certification, it does not knowingly employ or contract with an illegal alien who will perform work under
this Agreement and that Contractor will participate in either the E-Verify Program administered by the
U.S. Department of Homeland Security and Social Security Administration or the Department Program
administered by the Colorado Department of Labor and Employment to confirm the employment
eligibility of all employees who are newly hired to perform work under this Agreement.
b. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement, or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement.
c. Verification.
1. If Contractor has employees, Contractor has confirmed the employment eligibility of
all employees who are newly hired to perform work under this Agreement through
participation in either the E-Verify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program procedures to
undertake pre-employment screening of job applicants while this Agreement is being
performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien who is
performing work under this Agreement, Contractor shall: notify the subcontractor
and the Town within 3 days that Contractor has actual knowledge that the
subcontractor is employing or contracting with an illegal alien who is performing
work under this Agreement; and terminate the subcontract with the subcontractor if
within 3 days of receiving the notice required pursuant to subsection 1 hereof, the
subcontractor does not stop employing or contracting with the illegal alien who is
performing work under this Agreement; except that Contractor shall not terminate
the subcontract if during such 3 days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien who is performing work under this Agreement.
d. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an investigation conducted
pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this
Agreement.
e. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit"
attached hereto as Exhibit A. If Contractor wishes to verify the lawful presence of newly hired
employees who perform work under the Agreement via the Department Program, Contractor shall sign
the "Department Program Affidavit" attached hereto Exhibit B.
10. Notices: Any notices being given by this Agreement shall be in writing and shall be effective if delivered
personally, sent by prepaid courier service, sent by prepaid mail, or sent by facsimile or electronic
communication (confirmed on the same or following day by prepaid mail). All correspondence shall be
addressed to the parties as follows:
October 20, 2020 - Page 55 of 203
02092017 Page 11 of 21
If to Avolve: If to Customer:
Mr. Jay Mayne
CFO
Avolve Software Corporation
4835 E. Cactus Rd., Suite 420
Scottsdale, AZ 85254
TJ Johnson
IT Director
Town of Vail
75 S Frontage Rd W
Vail, CO, 81657
11. Governing Law. This Agreement will be governed by and construed in accordance with the laws of Customer’s
state of domicile.
12. Entire Agreement. This Agreement, together with any SOWs, constitutes the entire agreement and
understanding between the parties and supersedes any prior agreements, representation, or understandings,
whether oral or written, relating to the services provided hereunder.
13. Severability. Should any court of competent jurisdiction declare any term of this Agreement void or
unenforceable, such declaration shall have no effect on the remaining terms hereof.
14. Assignment. These services and any other information or rights provided by Avolve, may not be sold, leased,
assigned, sublicensed or otherwise transferred in whole or in part. Customer may not assign this Agreement or
the benefits there from in whole or in part without the prior written consent of Avolve, which consent shall not
be unreasonably withheld. Any assignment made in conflict with this provision shall be voidable at the option
of Avolve.
15. Independent Contractor. Avolve is an independent contractor and not an employee of the Customer. Any
personnel performing services under this Agreement on behalf of Avolve shall at all times be under Avolve’s
exclusive direction and control. Avolve shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of services under this Agreement and as required by law. Avolve shall be
responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, and worker’s compensation insurance.
16. Amendment. This Agreement may only be modified by written amendment signed by authorized
representatives of both parties.
17. Hierarchy. The following order of precedence shall be applied in the event of conflict or inconsistency between
provisions of the components of this Agreement: (i) this Agreement and (ii) the applicable Avolve Support SLA
or SOW. Notwithstanding the foregoing, if any part of the Avolve Support SLA or SOW expressly states that it
shall control over the Agreement, it shall so control.
18. Government 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.
19. 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.
October 20, 2020 - Page 56 of 203
02092017 Page 12 of 21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.
Avolve Software Corporation Town of Vail, CO
By: By:
Name: Jay Mayne Name: Scott Robson
Title: Chief Financial Officer Title: Town Manager
Date: Date:
October 20, 2020 - Page 57 of 203
Page 13 of 21
EXHIBIT 1 – SERVICES SERVICE LEVEL AGREEMENT (SLA)
SUPPORT PROCESS AND SERVICE LEVEL AGREEMENT
Avolve’s current support process and service level commitments (“Support”) are defined below.
Support Portal. Avolve provides Support through its Support Portal (https://support.avolvesoftware.com). All
issues can be logged using the portal or through an on-call support number. Customer personnel receive Support
Portal login credentials promptly following purchase of rights to use the Avolve SAAS Solution. After a login is
received, the Customer may enter, track, update, and report on trouble ticket, as well as communicate with Avolve
helpdesk staff via phone, email, web meeting, and/or ticket notes. Help, FAQs, Documentation, and a Knowledge-
base are also available at the Avolve support portal.
Support Hours. 8 AM – 5 PM MST.
Planned Downtime. Avolve or its third-party agent may render the Avolve SAAS Solution unavailable in order to
perform upgrades, updated, patches, enhancements and routine maintenance activities, so long as the Avolve SAAS
Solution is only unavailable to Customer and its Customer Users outside of the hours of 8 AM through 5 PM Mountain
Standard Time on business days during the Subscription Term. Avolve shall provide no less than five (5) days advance
notice to Customer of any planned downtime. Customer acknowledges that in the case of emergencies, Avolve or
its third-party agents may render the Avolve SAAS Solution unavailable in order to address the emergency. In such
situations, if reasonably feasible, Avolve will provide notice to Customer in advance of rending the Avolve SAAS
Solution unavailable or, if not reasonably feasible, notice to Customer promptly following the rendering of the Avolve
SAAS Solution unavailable. Customer understands and agrees that Avolve shall not be liable for any such interruption
in access to the Avolve SAAS Solution for downtime occurring pursuant to this paragraph (collectively, referred to
herein as “Planned Downtime”).
On-Site Emergency Support. Customer may request on-site emergency operational support services as a separate
and distinct billable service. In such cases and at its discretion, Avolve will dispatch appropriate technical staff to
deliver on-site technical services.
Problem Determination and Resolution. Avolve resources are allocated to resolve reported problems based on the
severity level as described in the following table. Avolve uses commercially reasonable efforts to provide a prompt
acknowledgement, acceptable resolution, workaround, or a plan for the provision of a resolution or acceptable
workaround in the timeframe set forth below:
Severity
Level Definition Response Time Resolution Commitment
System
Down
An error that causes a
catastrophic failure
substantially impacting
Customer’s business.
1 Hour
The Level 1 Support Engineer will try to
resolve the issue within 15 – 30 minutes. If it
requires further investigation and longer
resolution time, it is escalated to the Level 2
or 3 Support Engineer during business or non-
business hours. Status updates will be
provided periodically, but no less than 4 hour
intervals, on System Down tickets 24x7 until
resolution.
Infrastructure issues are often resolved
quickly by service or system restart. Any
potential system alerts will be promptly
October 20, 2020 - Page 58 of 203
Page 14 of 21
Severity
Level Definition Response Time Resolution Commitment
addressed in an effort to avoid issues from
occurring.
High
An error that causes Avolve
product to fail without
significant business impact.
Causes a substantial
reduction in performance.
24 Hours
The Level 1 Support Engineer will try to
resolve the issue within 15 – 30 minutes. If it
requires further investigation and longer
resolution time, it is escalated to the Level 2
or 3 Support Engineer during business hours*.
Status updates will be provided periodically
on High Priority tickets during business
hours* until resolution. If a work-around is
provided, the original High Priority ticket will
be closed and a new ticket will be created to
track the progress for a permanent solution
to the issue.
Infrastructure issues are often resolved
quickly by service or system restart. Any
potential system alerts will be promptly
addressed in an effort to avoid issues from
occurring.
Medium
An error that causes only
minor impact on use of the
product. 72 Hours
Avolve and Customer will commit resources
during normal business hours* for problem
resolution.
Low
A service request for a new
feature, additional
documentation, or an
explanation of product
functionality.
5 Days
Avolve and Customer will commit resources
during normal business hours* for problem
resolution. Enhancement requests will be
logged and sent to Avolve Development for
review and possible incorporation into Avolve
products.
*Normal Business Hours: 8:00 a.m. through 5:00 p.m., Monday through Friday (excluding standard holidays),
Mountain Standard Time.
• Response Time. Once a problem has been reported, the Customer receives an acknowledgement by
email, phone or the through the support portal. Avolve will begin the process of problem
determination and resolution at this point. The time the ticket is submitted and the response time will
be logged to ensure SLA is met.
• Status Updates. During the problem determination and resolution process, Customer may receive
regular communications, via email, phone or the support portal, as to the status of the problem
determination and resolution. All communications should be logged in Avolve’s support system
including date, time, and contact name. This helps Avolve and the customer determine the status and
duration of the issue reported.
• Resolution. In response to the problem reported, Customer will receive, as appropriate, one of the
following resolutions: an existing correction, a new correction, a viable workaround, or a plan on how
the problem will be addressed.
October 20, 2020 - Page 59 of 203
Page 15 of 21
• Severity Re-classification. If Customer determines that the severity of a previously reported issue
should be re-classified or escalated, it should contact Avolve Support with request.
Unsupported Issues. Avolve does not cover under Support, and the SLA does not include, the following conditions
(collectively, the “Unsupported Issues”).
• Any Avolve SAAS Solution use not covered by an active support contract and/or not in compliance with
a valid agreement with Avolve. Authorized users of the Avolve SAAS Solution are entitled to Support
as part of their use fee.
• Any Avolve SAAS Solution that is altered or modified other than as approved in writing by Avolve.
• Software installed on any computer hardware/software configurations not supported by Avolve.
• Problems caused by misuse or misapplication of the Avolve SAAS Solution, including any anomalies
and/or failures in test or production operating environments that impact the Avolve SAAS Solution and
are determined to have their cause due to unwarranted Customer decisions, actions, system
configuration/ modification, policies and/or procedures.
• Problems caused by Customer’s custom application code authorized to be developed using Avolve APIs
as set forth in the documentation accompanying such API and the Customer’s Agreement.
• Problems caused by updates or upgrades of 3rd party applications that are integrated with Avolve
products and/or services.
• Services required to implement any updates, upgrades or releases on Customer’s network, as well as
all other operational support issues, are not included with Avolve Support. Such additional services
may be purchased for an additional fee.
• All Training programs, regardless of software version updates and/or upgrades.
• Operational Support including but not limited to: (a) Windows configuration issues; (b) SQL Database
maintenance and or tuning; (c) VMWare tuning or configuration; (d) Firewall configuration; (e) Network
performance; (f) End-User browser support; (g) User-modified and new workflows or eForms.
• Any other reasons set forth in the Customer’s Agreement, including without limitation any down-time
due to Microsoft Corporation.
Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions are applicable to Customer.
Any services provided for exclusions shall be paid by Customer at Avolve’s then-current rates, as well as all travel
and other expenses incurred by Avolve in providing such services.
Customer’s Obligations for Operational Support. To facilitate clear and consistent communication and timely issue
resolution, Customer shall designate up to two contact persons for technical support processes. These individuals
are responsible for initiating support requests, communicating with Avolve technical support personnel, and
monitoring the support process with Avolve. Timely Customer response to Avolve requests for information during
issue resolution is a necessary pre-requisite to Avolve’s providing Support. Avolve also requires remote access to
the Customer system for the purpose of problem determination and analysis. Where reasonably necessary to
provide Support, Customer shall provide Avolve’s technical support personnel reasonable, remote access capabilities
into Customer’s systems. Upon Avolve’s request, Customer will also provide reasonable supporting data to aid in
the identification and resolution of the issue.
October 20, 2020 - Page 60 of 203
Page 16 of 21
Service Level Commitment
Avolve will use commercially reasonable efforts to make the Avolve SAAS Solution Available with an Annual Uptime
Percentage of at least 99.99%, excluding Planned Downtime. In the event that Avolve does not meet this uptime
commitment, Customer will be eligible to receive a service credit for 1% of the monthly fee for each one (1) hour of
downtime during Customer’s normal business hours, up to 50% of Customer’s Pro-Rated Monthly Subscription Fee.
Definitions
• “Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 10-minute
periods during a calendar month in which the Avolve SAAS Solutions was Unavailable to Customer.
• “Availability” means the ability to log into the Avolve SAAS Solution.
• “Claim” means a claim for a service credit Customer submits by opening a support case with Avolve,
on the basis that the hosted Avolve SaaS Product infrastructure has been Unavailable to Customer
during a service month.
• “Pro-Rated Monthly Subscription Fee” is calculated by dividing the Customer’s applicable annual
Avolve SAAS Solution subscription fee by twelve.
• “Unavailability” means the inability to log into the Avolve SAAS Solution.
Service Credit Requests
To receive a service credit, Customer must notify Avolve and submit a Claim within thirty (30) days from the incident
that would be the basis for the claim. To be eligible, the Claim must include (a) the dates, times, description and
duration of each incident experienced; and (b) the Customer’s event logs or any other system telemetry that
document the errors and corroborate the claimed Unavailability (any confidential or sensitive information should be
removed). Failure to provide a timely Claim, which includes all the required information, will disqualify the Claim
and Customer from receiving a service credit. If Avolve validates the Claim, then Avolve will promptly issue the
service credit.
Service Credit Provisions
Service credits are Customer’s sole and exclusive remedy for any failure of Avolve to provide the Avolve SAAS
Solution in accordance with the terms of the Agreement. Service credits shall be a credit toward future services only
and do not entitle Customer to any refund or other payment from Avolve. Service credits may not be transferred,
applied to another account, exchanged for, or converted to monetary amounts.
The maximum service credits awarded with respect to Claims the Customer submits in any calendar month shall not,
under any circumstance, exceed in the aggregate 50% of the Customer’s Pro-Rated Monthly Subscription Fee for
such month. Avolve will use all information reasonably available to it to validate Claims and make a good faith
judgment on whether a service credit should be applied to the Claim.
SLA Exclusions
This SLA does not apply to any Availability or Unavailability of the Avolve SAAS Solution:
• During Planned Downtime;
• Caused by Unsupported Issues;
• Caused by factors outside of Avolve’s control, including any force majeure event or interruption or
impediment to Internet access or related problems;
October 20, 2020 - Page 61 of 203
Page 17 of 21
• That result from Customer’s equipment, software or other technology and/or third party equipment,
software or other technology, including any third party hosting providers;
• That resulted from Planned Maintenance or associated to beta, evaluation, non-production systems,
and trial services accounts;
• That result from any actions or inactions from Customer or any third party, including employees, Users,
agents, contractors, or vendors, or anyone gaining access to the hosted Avolve SaaS Product
infrastructure by means of Customer’s (and its Users’) passwords or equipment;
• Arising from Avolve’s suspension and termination of Customer’s right to use the hosted infrastructure
in accordance with the Agreement; and
• That result from Avolve application software implementation errors caused by configuration,
customization, installation, or human errors.
• Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions are applicable to
Customer. Avolve may, but is not obligated to, issue a Service Credit in Avolve’s sole discretion where
Customer’s use of the Avolve SAAS Solution may be Unavailable due to factors other than expressly
provided here in this SLA.
October 20, 2020 - Page 62 of 203
Page 18 of 21
EXHIBIT A
NO EMPLOYEE AFFIDAVIT
[To be completed only if Contractor has no employees]
1. Check and complete one:
I, _______________________________, am a sole proprietor doing business as
__________________________. I do not currently employ any individuals. Should I employ any
employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply
with the lawful presence verification requirements outlined in that Agreement.
OR
I, ______________________________, am the sole owner/member/shareholder of
___________________________, a ______________________________ [specify type of entity – i.e.,
corporation, limited liability company], that does not currently employ any individuals. Should I employ any
individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful
presence verification requirements outlined in that Agreement.
2. Check one.
I am a United States citizen or legal permanent resident.
The Town must verify this statement by reviewing one of the following items:
A valid Colorado driver's license or a Colorado identification card;
A United States military card or a military dependent's identification card;
A United States Coast Guard Merchant Mariner card;
A Native American tribal document;
In the case of a resident of another state, the driver’s license or state-issued identification
card from the state of residence, if that state requires the applicant to prove lawful presence
prior to the issuance of the identification card; or
Any other documents or combination of documents listed in the Town’s “Acceptable
Documents for Lawful Presence Verification” chart that prove both Contractor’s
citizenship/lawful presence and identity.
OR
I am otherwise lawfully present in the United States pursuant to federal law.
Contractor must verify this statement through the federal Systematic Alien Verification of
Entitlement ("SAVE”) program, and provide such verification to the Town.
____________________________________ __________________________
Signature Date
October 20, 2020 - Page 63 of 203
Page 19 of 21
EXHIBIT B
DEPARTMENT PROGRAM AFFIDAVIT
[To be completed only if Contractor participates in the
Department of Labor Lawful Presence Verification Program]
I, ________________________, as a public contractor under contract with the Town of Vail (the
"Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who are newly hired
for employment to perform work under this public contract for services ("Agreement") with the Town within
20 days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a,
which verify the employment eligibility and identity of newly hired employees who perform work under this
Agreement; and
3. I have not and will not alter or falsify the identification documents for my newly hired
employees who perform work under this Agreement.
____________________________________ ________________________
Signature Date
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of
__________, 2020, by _______________________ as _________________ of
________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
October 20, 2020 - Page 64 of 203
Page 20 of 21
EXHIBIT 2 – Form of Implementation SOW
EXHIBIT A: CHANGE REQUEST FORM
October 20, 2020 - Page 65 of 203
Page 21 of 21
EXHIBIT B: ORDER FORM
To be provided separately
October 20, 2020 - Page 66 of 203
Page 1 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
Town of Vail, CO
ProjectDox SaaS Migration
September 15, 2020
4835 East Cactus Road
Suite 420
Scottsdale, AZ 85254
www.avolvesoftware.com
October 20, 2020 - Page 67 of 203
Avolve Price Quotation
Page 2 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
Quote Delivered To
TJ Johnson IT Director Town of Vail, CO
75 S. Frontage Road tjjohnson@vailgov.com (970) 479-2154
Vail, CO
81657 Date of Quote: 9/15/2020 Quote Valid Until: 11/27/2020
ProjectDox ePlan Solution Pricing Agreement
SAAS
Product Name Product Code Description Qty Unit Price Total Price
Test Environment Entry-Level
Capacity
ProjectDox SaaS
License
SAAS.PDOX
-T. E
Software as a Service (SaaS) for ProjectDox on a Test Environment with 3 virtual server-
configuration. Designed for organizations who
plan to use the system for development
and/or testing with approximately 10
concurrent users and approximately 2,000
permits per year.
Software included for Test:
• ProjectDox Software Subscription
• Unlimited Workflow license
Services included for SaaS Test:
• Set up and installation of ProjectDox
• Managed services
• Annual ProjectDox upgrades
• Technical Support
Test Environment Safeguard: Avolve security
policy limits access to the Test environment.
External users including the customer’s IT can
be provided limited VPN access to the Test
servers and database such as creation and
testing of custom reports. VPN access will be
made available upon request at an additional
cost.
See Hardware Configuration section.
Additional capacity requirements are available
upon request.
12.00 $750.00 $9,000.00
Production
Environment Light-
Level Capacity
ProjectDox SaaS
License
SAAS.PDOX
-P.L
Software as a Service (SaaS) for ProjectDox on a Production Environment with 6 virtual
server-configuration. Designed for
organizations who have approximately 100
concurrent users and 3,000 permits per year.
Software included for SaaS Production:
• ProjectDox Software Subscription
• Unlimited Workflow license
Services included for SaaS Production:
12.00 $6,000.00 $72,000.00
October 20, 2020 - Page 68 of 203
Avolve Price Quotation
Page 3 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
• Set up and installation of ProjectDox • Managed services • Annual ProjectDox upgrades
-Technical Support
Production Environment Safeguard: Avolve
security policy limits access to the Production
environment. External users including the
customer’s IT will not be allowed direct
access to the Production servers and
database. Any development or testing can be
performed on the Test environment.
See Hardware Configuration section.
Additional capacity requirements are available upon request.
SaaS Sub-Total: $81,000.00
TRAINING
Product Name Product Code Description Qty Unit Price Total Price
Project Dox New Features TES-NF
The course will review new features and updates to the ProjectDox application, server and services configuration on the back end,
as well, as updates to the administration and
features of the ProjectDox Workflow product.
The course is an instructor led
demonstration/lecture-based presentation and
is offered only via the web unless purchased
with an onsite Course. Skills learned include
but are not limited to understanding new
features or changes in the server
environment, new features related to
administrators, as well as end users to allow
the team to determine use and leveraging of
these new tools.
13.00 $225.00 $2,925.00
Training Sub-Total: $2,925.00
PROFESSIONAL SERVICES
Product Name Product Code Description Qty Unit Price Total Price
Avolve Cloud Data
Migration
PS-DATA-
MIG
Migration of existing customer data onto the
Avolve Cloud. 23.00 $225.00 $5,175.00
Professional Services Sub-Total: $5,175.00
TRADE-UP ALLOWANCE
October 20, 2020 - Page 69 of 203
Avolve Price Quotation
Page 4 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
Product Name Product Code Description Qty Unit Price Total Price
Trade-up
Allowance Discount PS-225 Credit for past license purchase for first year
and then same amount for years 2 through 5 1.00 ($13,400.00) ($13,450.00)
Trade Allowance Sub-Total: ($13,450.00)
Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing. Travel and Expenses are not included in this total and will be invoiced as incurred.
First year SaaS and 20% of Services shall be invoiced upon execution of Agreement. Payment for the total amount is due net thirty (30) days from the date of Initial Invoice. Payment via EFT.
See notes for details.
Grand
Total: $75,650.00
SaaS Renewal SaaS Amount Trade-Up Allowance Net Amount
Year 2 $81,000.00 ($12,150.00) $68,850.00
Year 3 $81,000.00 ($12,150.00) $68,850.00
Year 4 $81,000.00 ($12,150.00) $68,850.00
Year 5 $81,000.00 ($12,150.00) $68,850.00
October 20, 2020 - Page 70 of 203
Avolve Price Quotation
Page 5 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
Infrastructure Architecture in MS Azure
Avolve OAS and ProjectDox Infrastructure Design
Each Avolve customer is setup in Microsoft Azure. Every customer’s files and data will be on separate storage environments.
Avolve continues working with Microsoft to optimize and evolve its architecture to take advantage of several Azure features for
security, scalability and performance purposes.
Backup and Disaster Recovery Configuration
Avolve Backup Process on MS Azure:
All servers are backed up nightly. All backups are
retained for 30 days at two regions. For the primary
and secondary regions, all backup copies will be within the closet region from your location. Each region consists of multiple data centers.
For the primary region, Azure stores 3 copies of the
content across multiple data centers in the
region. This provides uninterrupted access during disaster events. Transactions are also replicated synchronously.
Backups are transmitted to the paired secondary region via secure fiber loop. Azure backup process stores 3 extra copies of the
content. The transaction will be asynchronous to the secondary data centers (500+ miles away from the primary location). This
gives the jurisdiction a total of 6 copies of the data backup distributed in the primary and secondary regions.
Avolve Disaster Recovery Services on MS Azure: Avolve OAS and ProjectDox includes Microsoft Azure Site Recovery (ASR) service in addition to standard Azure Backup Service. Avolve will manage the replication, failover, and recovery processes through ASR to help keep the jurisdiction’s application running
during planned (excludes software upgrades) and unplanned outages. With ASR, Avolve orchestrates and manages the backup
and frequency of the Hyper-V servers, files, and database. Avolve will be conducting scheduled disaster recovery test on the
jurisdiction’s system to guarantee the RTO is within 24-32 hours recovery for the Production environment. The RPO is > 5 minutes
and is dependent on Microsoft’s backup cycle time based on latency and distance of the back systems. Faster RTO and RPO is available with additional Azure components if required.
October 20, 2020 - Page 71 of 203
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Site Recovery is a native disaster recovery as a service (DRaaS), and Microsoft has been recognized as a leader in DRaaS based
on completeness of vision and ability to execute by Gartner’s Magic Quadrant for Disaster Recovery as a Service.
Additional CPU, RAM, IOPs and Storage:
The CPU, RAM, IOPs, and storage are based on the selected capacity level for the jurisdiction. Capacity levels are determined
from the number of concurrent users and number of permits. The capacity is calculated based on Avolve’s historical consumption
results from various customers on Avolve’s Cloud and Microsoft’s recommendations. The selected capacity is a best-case estimate
and is subject to change based on usage and strategic plans of the jurisdiction on the percentage growth for a paperless system.
An annual system review will be conducted to determine if any system resource adjustments are necessary. When system capacity
for CPU, RAM, and IOPs need to be increased for performance improvements or storage capacity has reached 75%, additional
resources will be recommended. To prevent data loss, at 100% storage utilization, additional storage is automatically added, and
additional storage will be invoiced.
Security & Safeguards
• MS Azure Data Centers are SOC 1-3, Tier 203, SAE 18 compliant
• MS Azure Commercial Cloud is FedRAMP and NIST 800-171 compliant
• Layer 3 and layer 4 firewall security with 1 firewall for the load balancer, 1 firewall for the web tier subnet, 1 firewall for
the app tier subnet and 1 firewall for the data tier subnet.
• Microsoft $1B+ investment in security R&D on MS Azure Cloud. Additional security information is available at
https://azure.microsoft.com/en-us/overview/trusted-cloud/.
• All incoming and outgoing traffic goes through Azure load balancer which is protected by a Microsoft’s network firewall
called the Azure network security group (NSG). By default, all NSG’s block incoming and outgoing traffic that are not
related to Avolve software.
• Traffic is forwarded from the load balancer to the web tier subnet via network access translation (NAT). The web tier
subnet has an additional NSG associated to it to filter incoming and outgoing traffic from/to the load balancer. In addition
to the web tier subnet Avolve also has an application tier subnet and a data tier subnet. Each subnet has an NSG
associated to it, so communication between each subnet is filtered via the NSGs.
• Avolve Production Environment Safeguard Guidelines:
October 20, 2020 - Page 72 of 203
Avolve Price Quotation
Page 7 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
Industry best-practices for systems operational control (SOC) and the National Institute of Standards (NIST) are an
integral part of the Azure infrastructure, ensuring a very high level of security and system uptime for Avolve’s customers and their environments. Avolve’s security and operational policies are established in order to safeguard against any
unauthorized access to data and/or potential service disruption that are a constant threat in today’s world of online
commerce. Therefore, the following policies are enforced by Avolve:
• Customer will have no access to the server infrastructure. Deployment and changes to Production server hardware
and/or Operating System (OS) configuration in the system will be performed by Avolve and qualified partner staff
only. Customers will be notified if modifications to their environments are required at any given time.
• Custom report creation requires direct access to the Production database. For this reason, Avolve will only support
access to a Test environment where the Production tables for reports can be exported.
• Apart from machine-to-machine (M2M) VPN tunnels required for third-party software integration, no user account-
based VPN access will be granted to Avolve Production environment infrastructure or software applications.
Managed Services Operations
Avolve ensures high system availability and is backed by rock solid infrastructure and service level guarantees. Your Avolve ePlan
Life Cycle licensed software is hosted in a secure, state of the art data center, and most importantly the application is expertly managed by Avolve. Meticulous attention has been given to security, backup, system redundancy and failover. Your Avolve ePlan
Life Cycle application environment is monitored 24-7 for optimum health and security. And if an issue arises, our experts have
immediate and direct access to your servers and software for quick diagnosis and resolution. Our comprehensive, Managed
Services matrix details what you can expect from the Avolve:
24x7 Support and Monitoring for SaaS Customers
US Mountain Time Zone 8am-5pm 5pm-8pm 8pm-6am 6am-8am Scheduled Hardware and OS/Virtual System Monitoring & Support
Server and network resources (i.e., CPU, RAM, Storage, and bandwidth) monitored
with automated alerts for resource threshold, server failure, internet and WAN
connectivity. Alerts will not be able to monitor issues that occur within less than 1
second failure. Those issues are often discovered during application-level (i.e., OAS and ProjectDox) connectivity issues.
x x x x
October 20, 2020 - Page 73 of 203
Avolve Price Quotation
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24x7 Support and Monitoring for SaaS Customers
US Mountain Time Zone 8am-5pm 5pm-8pm 8pm-6am 6am-8am Scheduled • Monitoring Data Points:
o Up/Down Status
o Network Interface Errors
o CPU Warning
o Memory Warning
o Memory Critical
o CPU Critical
o Storage Warning
o Partition Warning
o Partition Critical
o Database Warning
o Database Down
o SSL warning
o SSL expiration
o Webserver Alerts
o DNS
• Custom designed Outage and Alert Plan - adds, changes, & modifications
(add user, update firmware, modification, network configuration)
• Scheduled Hardware Audits
• OS and VMWare proactive management. This includes monitoring of any system level failure caused by OS and VMWare patches, viruses, or other
issues
• Permission Control (group changes, file/folder permissions, Windows, or Linux)
• Optimize backend
x x x x
• Log File analysis
• Best-practices recommendations
• Other services as requested
• Regular reporting based on customer preference
• VLAN creation/modification
x
• Cyber Security monitoring and automated alerts.
• Regular anti-virus scan and anti-virus removal
• Database Security
x x x x
• Scheduled data recovery, OS & VMware patches and any hardware replacements
• Critical OS patches and updates
x
• Backup automated services x x x x
• 24x7 Infrastructure Support calls x x x x
Application (OAS, ProjectDox, PlansAnywhere) Technical Support through ticket submissions
• Application Specific Monitoring
o Monitor Web Server Connectivity
o Monitor Web Site Availability
o Monitor Web Site Page Responsiveness
o Monitor Application Specific Services
o Minimalizes Support Issues
x x x x
October 20, 2020 - Page 74 of 203
Avolve Price Quotation
Page 9 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
24x7 Support and Monitoring for SaaS Customers
US Mountain Time Zone 8am-5pm 5pm-8pm 8pm-6am 6am-8am Scheduled • Application Performance Reviews x x
• Database Performance Reviews
• Application Administration Assistance x x
• Scheduled Reports x
• System health checks x
• Performance tuning • ProjectDox DB Tuning and re-indexing (periodic • ProjectDox configuration tuning and adjustments based on any progressive
performance growth requirements
• Routine cleanup of the DLcache folder
• Restart of ProjectDox services and/or Servers during support or patches
x
• Online Support Tickets: Responding to application issues reported x x
• Software minor patch updates for Support related issues x
• Software resolution to fix a technical reported issue x
• Application support for system down issues for Standard Support customers until problem is resolved or a work around has been identified x x x x x
October 20, 2020 - Page 75 of 203
Avolve Price Quotation
Page 10 of 10 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona
Notes: EFT Remittance:
Avolve Software / Compass Bank
Routing #: 122105744
Account #: 2519753300
NAME: ________________________________________________
TITLE: ________________________________________________
SIGNATURE: __________________________________________
DATE: ________________________________________________
By signing this Order Form customer acknowledge and agrees to, if purchasing (a) licenses and/or support and
maintenance, Avolve’s Software License and Support Agreement General Terms and Conditions and Avolve’s
Maintenance and Support Level Agreement; (b) professional services, Avolve’s Professional Services Agreement; and
(c) training services, the Avolve University Training Terms and Conditions; and (d) hosting services, Avolve’s Hosting
Service Level Agreement. Customer acknowledges that it has been provided reasonable access to the applicable
documents listed herein online at www.avolvesoftware.com and knowingly consents to the same. Resellers
acknowledge that they will have end users formally acknowledge and be bound by all applicable Avolve Terms and
Conditions as described above.
October 20, 2020 - Page 76 of 203
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: Comment letter regarding the Homestake Reservoir initial geotechnical
investigations project - considered under a Categorical Exclusion (C E) with the US F orest
S ervice.
B AC K G RO UND: Homestake P artners (City of A urora and Colorado S prings Utilities) is
requesting an authorization to conduct a fatal-flaw geotechnical investigation within the Homestake
Valley located along Homestake Creek about 6 miles southwest of Red Cliff, Colorado. W hile
these investigations are preliminary, the ultimate W hitney reservoir and dam project would have
significant impact on water resources of the Eagle and Colorado Rivers at a development of
20,000 acre feet per year.
S TAF F RE C O M M E ND AT IO N: A pprove the letter and request that Mayor Dave Chapin sign on
behalf of the Council.
AT TAC H ME N TS:
Description
U S FS Comment Letter - W hitney Reservoir
October 20, 2020 - Page 77 of 203
October 20, 2020
Leanne Veldhuis
District Ranger
White River National Forest
PO Box 190 Minturn, CO 81645 970-827-5406
Dear Ms. Veldhuis,
On behalf of the Town of Vail, thank you for the opportunity to provide preliminary comments
regarding the Special Use Permit (SUP) by Homestake Partners for geophysical investigations
in the Homestake Creek watershed. The Town of Vail values our local aquatic resources and
recognizes the numerous social, economic, and ecosystem benefits they provide. The Town
has been engaged in watershed protection as part of the Gore Creek Strategic Plan and local
watershed health initiatives nearing $4 million, with plans to spend a total of nearly $6 million
over the next several years to improve macroinvertebrate health and address the Colorado
Department of Public Health and Environment’s 303(d) listing of Gore Creek.
We have reviewed the scoping letter and Special Use Permit (SUP) Application for geotechnical
investigations in Homestake Creek and offer the following comments, regarding water quality
and aquatic-dependent wildlife concerns. We also offer here a few words of caution regarding
the current activity and its nexus with activities that are larger and more impactful to the
watershed down the road.
The Town notes that there will be significant sub-surface and surface disturbances and
vegetation removal within the floodplain, with substantial restoration efforts post-project.
In order to complete the initial geophysical investigations within the window of time appropriate
for avian breeding season (after August 1st), the extent of the project may not be completed
within one year, which may exclude the project from being considered under a Categorical
Exclusion (CE).
In addition, while the geotechnical investigations are a first step, we note that the future action of
the dam construction could irreparably damage the Eagle River watershed, wildlife and
fisheries, with the future trans-basin diversion of close to 5% of the annual native flow. Given the
pressures of long-term drought and increasing climate change impacts, we urge the utmost
caution in proceeding forward to avoid these negative impacts to this valuable watershed.
Sincerely,
Dave Chapin, Mayor, on behalf of the Vail Town Council
Vail, CO
October 20, 2020 - Page 78 of 203
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: Bus B arn Electric B us Charging Stations Electrical Contract Award
B AC K G RO UND: Four electric buses are scheduled to be delivered to the town this year. I n
preparation for their delivery there needs to be charging stations installed in the B us Barn. T hese
charging stations require a new electric service taken from Holy Cross Electric Association's main
distribution system including a new transformer, associated switch gear and back-up generator.
The cost of this work is being paid for from a grant received for the Colorado Department of
Transportation. F our bids were received for this work. E ncore Electric is the low bidder.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a
form approved by the Town A ttorney with Encore E lectric in an amount up to, and not to exceed
$606,428.
AT TAC H ME N TS:
Description
Staff Memo
October 20, 2020 - Page 79 of 203
To: Town Council
From: Public Works Department
Date: 10-20-20
Subject: Bus Barn Electric Bus Charging Stations Electrical Contract Award
I. ITEM/TOPIC
Bus Barn Electric Bus Charging Stations Electrical Contract Award
II. BACKGROUND
Four electric buses are scheduled to be delivered to the town this
year. In preparation for their delivery there needs to be charging
stations installed in the Bus Barn. These charging stations require
a new electric service taken from Holy Cross Electric
Association's main distribution system including a new
transformer, associated switch gear and back-up generator. The
cost of this work is being paid for from a grant received for the
Colorado Department of Transportation.
Four bids were received for this work. Encore Electric is the low bidder.
III. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Encore
Electric.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney with Encore Electric in an amount up to,
and not to exceed $606,428.
October 20, 2020 - Page 80 of 203
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: Update about Fencing along I -70 (Bighorn S heep P rotection)
October 20, 2020 - Page 81 of 203
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 13, Series of 2020, 1st Reading, Ordinance to replace Section
12-6I -8 P arking and L oading, Vail Town Code, with a new section, Section 12-6I -8 Mobility, to
address mobility needs of residents in the Housing (H) Zone District
P RE S E NT E R(S ): J onathan S pence, Planning Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 13, S eries of 2020, upon first reading.
B AC K G RO UND: The proposed text amendment provides an enhanced framework for the
development, review and enforcement of mobility plans within the Housing (H) zone district. T he
enhanced framework provides for the needed flexibility in the district while recognizing the
necessity of adequate review provisions and performance standards.
S TAF F RE C O M M E ND AT IO N: On S eptember 28, 2020, the P lanning and E nvironmental
Commission (P E C) forwarded a recommendation of approval (5-1 Gillette opposed) for a
prescribed regulation amendment.
AT TAC H ME N TS:
Description
Staff Memorandum
Attachment A. Ordinance No. 13, Series of 2020
Attachment B. Staff Memorandum, P E C20-0019, September 28, 2020
Attachment C. P E C Minutes, September 28, 2020
October 20, 2020 - Page 82 of 203
TO: Vail Town Council
FROM: Community Development Department
DATE: October 20, 2020
SUBJECT: First reading of Ordinance No. 13, Series of 2020, an ordinance to replace
Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section,
Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing
(H) Zone District, and setting forth details in regard thereto. (PEC20-0021)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, is requesting a first reading of Ordinance No. 13, Series of 2020,
an ordinance to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new
section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H)
Zone District.
On September 28, 2019, the Planning and Environmental Commission (PEC) forwarded a
recommendation of approval (5-1 Gillette opposed) for a prescribed regulation amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code.
Please find the staff memorandum to the PEC included as Attachment B and the minutes
from the September 28th meeting included as Attachment C.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with m odifications, or deny Ordinance
No. 13, Series of 2020, upon first reading.
III. DESCRIPTION OF THE REQUEST
The applicant is requesting a prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to replace Section 12-6I-8 Parking and Loading, Vail Town
Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in
the Housing (H) Zone District.
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Tow n of Vail Page 2
IV. PLANNING AND ENVRONMENTAL COMMISSION REVIEW
On September 28, 2020, the Planning and Environmental Commission (PEC) forwarded a
recommendation, for approval, (5-1 Gillette opposed) for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code.
The review by the Planning and Environmental Commission resulted in two changes to the
proposed text language which have been identified in red in Section VI. The first change was
to remove a reference to bike parking in the review criteria section. The second change was
to include of a reference to Section 12-10, Off street Parking and Loading, in the review
criteria to provide context in evaluating appropriate minimum off-street parking.
The Commission discussed the possibility of conducting a survey of existing residents within
the Housing (H) Zone District to learn more about their mobility needs. The majority felt that
this was unnecessary as the proposed regulations pertain more to development applications
than to what potential residents may seek in mobility options. The Commission recognized
the tradeoffs that often exist in housing developments (more parking vs. more units).
V. BACKGROUND
Current trends in community planning recognize that privately-owned automobiles are no
longer the primary means of transportation for some people, and well-designed, sustainable
site and building plans should not be driven by the need to park vehicles. The availability of
and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving
to be meaningful criteria to reduce the need for asphalt surface and structured parking lots
on scarce land.
The Vail Town Code (Code) takes a largely traditional approach to parking requirements.
These requirements do acknowledge that parking demands vary by parts of Town through
having two requirements, one for the Core Area (the villages) and one for areas outside of
the core. Beyond this distinction, the Code relies on traditional means to determine parking
requirements through a ratio of required spaces to unit count (hotel rooms), square footage
(commercial uses) or GRFA (residential uses). Within the Core Area, the parking ratio is
fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter 10, Off Street
Parking and Loading of the Code:
https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610
Provisions within the Housing (H) Zone District
The Code does provide the ability for projects within the Housing (H) District to deviate from
the established parking requirements through the review process before the Planning and
Environmental Commission. This language is as follows:
Sec. 12-6I-8: Parking and Loading
Off street parking shall be provided in accordance with chapter 10 of this title. No parking or
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Tow n of Vail Page 3
loading area shall be located within any required setback area. At the discretion of the
planning and environmental commission, variations to the parking standards outlined in
chapter 10 of this title may be approved during the review of a development plan subject to a
parking management plan. The parking management plan shall be approved by the planning
and environmental commission and shall provide for a reduction in the parking requirements
based on a demonstrated need for fewer parking spaces than chapter 10 of this title would
require. For example, a demonstrated need for a reduction in the required parking could
include:
A. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts
The approved parking ratios for residential development within the Housing (H) District and
workforce housing in other zone districts is shown on the chart below, including a breakdown
by both unit and bedroom count.
Use Type Unit
Count
Bedroom
Count
Parking
Provided
Parking Rate
(per multi-family
unit)
Parking Rate
(per
bedroom)
Solar Vail 65 69 34 0.52 .49
First Chair 32 124 32 1.0 .26
Lions Ridge 113 197 153 1.35 .78
Timber Ridge 94 188 46 0.82 .24
Middle Creek 142 254 247 1.74 .97
Buzzard Park 24 24 29 1.21 1.21
Chamonix
Townhomes
32 86 113 3.5 1.31
Booth Heights
multi-family
30 84 60 2.0 .71
V. PROPOSED TEXT AMENDMENT
12-6I-8: Mobility
Mobility for residences shall be provided in accordance with a Mobility Management Plan
approved by the Planning and Environmental Commission.
A. Mobility Management Plan
A Mobility Management Plan, prepared by the applicant, shall describe how the
mobility needs of the residents will be met. This plan shall include:
1. Layout of proposed covered and uncovered parking including applicable
dimensions, provisions for stacked parking and compact spaces, if
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proposed.
2. Information on how proposed parking spaces will be allocated to units and
if this allocation is on the form of a deed restriction.
a. If units exceed (X amount), a professionally produced parking study
shall be required.
3. Existence of any bike or vehicle share/shuttle program.
4. Provide covered/protected/secured bike parking/storage
5. Provisions for guest parking/management
6. Seasonal variations in parking management plan
7. Provisions for off-site vehicle storage
B. Review Criteria
A Mobility Management Plan shall be reviewed based on the following criteria:
1. Adequate off-street parking is demonstrated for the quantity of proposed
beds in relation to the proximity of the development to core services and
public transit.
a. Hierarchy of bus routes (aka regional vs local)
b. Proximity to job centers
c. Proximity to commercial area
2. Adequate off-street parking is demonstrated in consideration of other
provided mobility options including, but not limited to, bike or vehicle
share/shuttle programs.
3. Evaluations of proposed Mobility Management Plans shall utilize the
parking requirements found in Section 12-10, Off Street Parking and
Loading, when considering appropriate minimum off-street parking.
C. Performance Standards
After implementation of a Mobility Management Plan, the following performance
standards shall be maintained:
1. At no times shall personal vehicles be parked in areas designated for Fire
Service or within a dedicated emergency access easement.
2. At no times shall personal vehicles be parked on adjacent properties unless
permission has been obtained in writing and provided to and approved the
Town.
3. A no times shall personal vehicles be parked in the ROW.
4. At no times shall personal vehicles be parked in areas other than
designated spaces as shown on the approved development plan.
5. At no times shall parking extend into required drive aisles.
6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles
in designated parking areas.
7. Bike parking, as shown on the approved development plan, shall be
maintained at all times in a clean, safe and functional condition.
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D. Reporting Requirement
For the first five years following the implementation of a Mobility Management Plan,
the managing officer shall submit a report to the Community Development
Department. This report shall be received within 30 days of the date of the
anniversary of the first issued Certificate of Occupancy. The report shall include the
following:
1. Occupancy
a. Occupied units
b. Number of residents per unit
2. Usage of mobility services
3. Results of survey of residents concerning parking
4. Reports code enforcement/fire/parking complaints
5. Parking utilization study during peak periods (summer and winter)
E. Enforcement Policy
1. If the Mobility Management Plan reporting shows violations of the performance
standards, the plan shall be remanded to the Planning and Environmental
Commission for review of the report. The applicant shall prepare a resolution to
the violations and an alteration/addendum to the plan to maintain future
compliance. This alteration/addendum shall be approved by the Planning and
Environmental Commission.
2. If at any time, there is credible evidence that the Mobility Management Plan is not
meeting any of the established performance standards, as determined by town
staff, the applicant shall be notified in writing and given thirty (30) days to cure the
violation. Failure to do so shall result in the Mobility Management Plan being
remanded to the Planning and Environmental Commission for further review.
3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions
as municipal code violations.
VI. REVIEW CRITERIA
Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that Town Council must
consider for a change to the text of the code. These criteria include the following:
1. The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
The proposed text amendment provides an enhanced framework for the development,
review and enforcement of mobility plans within the Housing (H) zone district. The enhanced
framework provides for the needed flexibility in the district while recognizing the necessity of
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adequate review provisions and performance standards. The text amendments further the
following general and specific purposes of the zoning regulations.
Section 12-1-2 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.
Section 12-1-2 B
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.
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.
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.
Staff finds this criterion to be 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 is compatible with the development objectives of the town by
providing flexibility within the Housing (H) zone districts while improving standards,
accountability and enforcement. The following are relevant goals of the Town’s
Comprehensive Plan that are supported by the proposed amendment:
Vail Land Use Plan:
• Goal 1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
• Goal 1.3. The quality of development should be maintained and upgraded
whenever possible.
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Vail 2020 Community Values:
Transportation and Transit Network: Vail values a sustainable, multi-modal transportation
system that effectively provides ease of access to residents, visitors and the workforce in an
environmentally and technologically forward manner.
Goal #2: Land use and development decisions will address environmental sustainability as a
priority of the community.
Actions/Strategies
Promote alternative transportation through planning efforts that will reduce Vail’s carbon
impact.
Support employee housing initiatives in order to reduce trips into Vail.
Staff finds this criterion to be met.
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
The Housing (H) Zone District and the accompanying parking regulations were incorporated
into the Vail Town Code in 2001. There have been no amendments to this section of the
zone district since that time despite considerable changes in attitudes and approaches to
mobility. While the existing language does provide some flexibility to the rigid parking
standards found in Chapter 10, it lacks the necessary framework for thoughtful review by the
decisionmakers and accountability for the applicant. Coupled with enhanced enforcement
measures, this framework provides the needed framework for developers of workforce
housing while safeguarding the community from inadequate mobility infrastructure.
Staff finds this criterion to be 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 text amendment provides an enhanced framework for the development,
review and enforcement of mobility plans within the Housing (H) zone district. The
amendment preserves a harmonious, convenient, and workable relationship among land
uses consistent with municipal objectives, chiefly the development of workforce housing and
the necessary mobility options and infrastructure to support its residents.
As a result, staff finds this criterion to be met.
October 20, 2020 - Page 89 of 203
Tow n of Vail Page 8
5. Such other factors and criteria the planning and environmental commission and/or
council deem applicable to the proposed text amendment.
VII. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No.13, Series of 2020, upon
first reading, the Community Development Department recommends the Council pass the
following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 13, Series of 2020 an
ordinance to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new
section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing
(H) Zone District, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 13 Series of 2020, the
Community Development Department recommends the Council m ake the following findings:
“Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum
to the Planning and Environmental Commission dated September 28, 2020 and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of
the town and promote the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.”
VIII. ATTACHMENTS
A. Ordinance No. 13, Series of 2020
B. Staff Memorandum, PEC20-0019, September 28, 2020
C. PEC Minutes, September 28, 2020
October 20, 2020 - Page 90 of 203
ORDINANCE NO. 13
SERIES OF 2020
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 12-3-7, AMENDMENT, TO REPLACE SECTION 12-6I-8
PARKING AND LOADING, VAIL TOWN CODE, WITH A NEW SECTION, SECTION 12-
6I-8 MOBILITY, TO ADDRESS MOBILITY NEEDS OF RESIDENTS IN THE HOUSING
(H) ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Planning and Environmental Commission (the “PEC”) held a
properly noticed public hearing on the proposed amendment on September 28, 2020 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the PEC recommended approval of the proposed amendment at its
September 28, 2020 meeting, and has submitted its recommendation to the Town
Council;
WHERAS, current trends in community planning recognize that privately-owned
automobiles are no longer the primary means of transportation for some people, and well-
designed, sustainable site and building plans should not be driven by the need to park
vehicles;
WHEREAS, the availability of and proximity to mass transit, walkability, bicycle
routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need
for asphalt surface and structured parking lots on scarce land;
WHEREAS, the Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-6I-8 Parking and Loading shall be replaced with Section 12-6I-8:
Mobility as show below:
October 20, 2020 - Page 91 of 203
Section 12-6I-8 Parking and Loading
Off street parking shall be provided in accordance with chapter 10 of this title. No parking
or loading area shall be located within any required setback area. At the discretion of the
planning and environmental commission, variations to the parking standards outlined in
chapter 10 of this title may be approved during the review of a development plan subject
to a parking management plan. The parking management plan shall be approved by the
planning and environmental commission and shall provide for a reduction in the parking
requirements based on a demonstrated need for fewer parking spaces than chapter 10
of this title would require. For example, a demonstrated need for a reduction in the
required parking could include:
A. Proximity or availability of alternative modes of transportation including, but
not limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for
each unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts.
12-6I-8: Mobility
Mobility for residences shall be provided in accordance with a Mobility
Management Plan approved by the Planning and Environmental Commission.
A. Mobility Management Plan
A Mobility Management Plan, prepared by the applicant, shall describe how
the mobility needs of the residents will be met. This plan shall include:
1. Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and
compact spaces, if proposed.
2. Information on how proposed parking spaces will be allocated to
units and if this allocation is on the form of a deed restriction.
a. If units exceed (X amount), a professionally produced
parking study shall be required.
3. Existence of any bike or vehicle share/shuttle program.
4. Provide covered/protected/secured bike parking/storage
5. Provisions for guest parking/management
October 20, 2020 - Page 92 of 203
6. Seasonal variations in parking management plan
7. Provisions for off-site vehicle storage
B. Review Criteria
A Mobility Management Plan shall be reviewed based on the following
criteria:
1. Adequate off-street parking is demonstrated for the quantity of
proposed beds in relation to the proximity of the development to
core services and public transit.
a. Hierarchy of bus routes (aka regional vs local)
b. Proximity to job centers
c. Proximity to commercial area
2. Adequate off-street parking is demonstrated in consideration of
other provided mobility options including vehicle share/shuttle
programs.
3. Evaluations of proposed Mobility Management Plans shall utilize
the parking requirements found in Section 12-10, Off Street Parking
and Loading, when considering appropriate minimum off-street
parking.
C. Performance Standards
After implementation of a Mobility Management Plan, the following
performance standards shall be maintained:
1. At no times shall personal vehicles be parked in areas designated
for Fire Service or within a dedicated emergency access easement.
2. At no times shall personal vehicles be parked on adjacent
properties unless permission has been obtained in writing and
provided to and approved the Town.
3. A no times shall personal vehicles be parked in the ROW.
4. At no times shall personal vehicles be parked in areas other than
designated spaces as shown on the approved development plan.
5. At no times shall parking extend into required drive aisles.
October 20, 2020 - Page 93 of 203
6. A no times shall storage of goods, trailers, campers, or unlicensed
vehicles in designated parking areas.
7. Bike parking, as shown on the approved development plan, shall
be maintained at all times in a clean, safe and functional condition.
D. Reporting Requirement
For the first five years following the implementation of a Mobility
Management Plan, the managing officer shall submit a report to the
Community Development Department. This report shall be received within
30 days of the date of the anniversary of the first issued Certificate of
Occupancy. The report shall include the following:
1. Occupancy
a. Occupied units
b. Number of residents per unit
2. Usage of mobility services
3. Results of survey of residents concerning parking
4. Reports code enforcement/fire/parking complaints
5. Parking utilization study during peak periods (summer and winter)
E. Enforcement Policy
1. If the Mobility Management Plan reporting shows violations of the
performance standards, the plan shall be remanded to the Planning and
Environmental Commission for review of the report. The applicant shall
prepare a resolution to the violations and an alteration/addendum to the
plan to maintain future compliance. This alteration/addendum shall be
approved by the Planning and Environmental Commission.
2. If at any time, there is credible evidence that the Mobility Management
Plan is not meeting any of the established performance standards, as
determined by town staff, the applicant shall be notified in writing and
given thirty (30) days to cure the violation. Failure to do so shall result in
the Mobility Management Plan being remanded to the Planning and
Environmental Commission for further review.
3. Nothing above in (1) and (2) shall preclude the enforcement of parking
infractions as municipal code violations.
October 20, 2020 - Page 94 of 203
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 amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 2020, and
a public hearing for second reading of this Ordinance set for the 3rd day of November,
2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of November, 2020.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 95 of 203
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 28, 2020
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new
section, Section 12-6I-8 Mobility, to address mobility needs of residents in the
Housing (H) Zone District, and setting forth details in regard thereto. (PEC20-
0021)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The Town of Vail Community Development Department is requesting a
recommendation to the Vail Town Council for a Prescribed Regulation Amendment
pursuant to Section 12-3-7 Amendment, Vail Town Code to replace Section 12-6I-8
Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to
address mobility needs of residents in the Housing (H) Zone District.
Based upon staff’s review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval to the Vail Town Council for the proposed Prescribed Regulations
Amendment.
II. DESCRIPTION OF REQUEST
This is a request for a recommendation to the Vail Town Council to replace Section 12-
6I-8 Parking and Loading with a new section, Section 12-6I-8 Mobility, to address
mobility needs of residents in the Housing (H) Zone District. The proposed new section
will shift the focus of Town Code regulations away from existing minimum parking
requirements, which are determined based on the number and size of dwelling units,
toward an alternative approach with an emphasis on meeting the transportation and
mobility needs of residents.
Please see Section V of the report for the proposed new section language.
October 20, 2020 - Page 96 of 203
Town of Vail Page 2
III. TOWN COUNCIL DIRECTION
The Vail Town Council, in January of 2020, directed the Community Development
Department to investigate alternatives to the existing parking requirements in the
Housing (H) Zone District. A preliminary memo to the Town Council (Council) was heard
during the afternoon session on February 18, 2020. At this meeting the Town Council
asked staff to further refine an approach that focuses on resident mobility and not solely
physical parking requirements.
The Community Development Department returned to the Town Council on July 21,
2020 with draft language for a new approach to mobility requirements in the Housing
(H) District. At this meeting the Council provided support for the revised approach to
mobility and requested that the new language be formally reviewed by the Planning and
Environmental Commission before returning to Council for adoption.
Although the revised language shifts the focus away from physical automobile parking,
the practical effect will be a more robust management plan, formalized criteria and
performance standards, with greater accountability and enforcement provisions.\
Please find correspondence to the Town Council and a memo from the Vail Local
Housing Authority included with the memo as attachments.
IV. BACKGROUND
Current trends in community planning recognize that privately-owned automobiles are
no longer the primary means of transportation for some people, and well-designed,
sustainable site and building plans should not be driven by the need to park vehicles.
The availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and
car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface
and structured parking lots on scarce land.
The Vail Town Code (Code) takes a largely traditional approach to parking requirements.
These requirements do acknowledge that parking demands vary by parts of Town through
having two requirements, one for the Core Area (the villages) and one for areas outside
of the core. Beyond this distinction, the Code relies on traditional means to determine
parking requirements through a ratio of required spaces to unit count (hotel rooms),
square footage (commercial uses) or GRFA (residential uses). Within the Core Area, the
parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter
10, Off Street Parking and Loading of the Code:
https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#3461
0
October 20, 2020 - Page 97 of 203
Town of Vail Page 3
Provisions within the Housing (H) Zone District
The Code does provide the ability for projects within the Housing (H) District to deviate
from the established parking requirements through the review process before the
Planning and Environmental Commission. This language is as follows:
Sec. 12-6I-8: Parking and Loading
Off street parking shall be provided in accordance with chapter 10 of this title. No parking
or loading area shall be located within any required setback area. At the discretion of the
planning and environmental commission, variations to the parking standards outlined in
chapter 10 of this title may be approved during the review of a development plan subject
to a parking management plan. The parking management plan shall be approved by the
planning and environmental commission and shall provide for a reduction in the parking
requirements based on a demonstrated need for fewer parking spaces than chapter 10
of this title would require. For example, a demonstrated need for a reduction in the
required parking could include:
A. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts
The approved parking ratios for residential development within the Housing (H) District
and workforce housing in other zone districts is shown on the chart below, including a
breakdown by both unit and bedroom count.
Use Type Unit
Count
Bedroom
Count
Parking
Provided
Parking Rate
(per multi-family
unit)
Parking Rate
(per
bedroom)
Solar Vail 65 69 34 0.52 .49
First Chair 32 124 32 1.0 .26
Lions Ridge 113 197 153 1.35 .78
Timber Ridge 94 188 46 0.82 .24
Middle Creek 142 254 247 1.74 .97
Buzzard Park 24 24 29 1.21 1.21
Chamonix
Townhomes
32 86 113 3.5 1.31
Booth Heights
multi-family
30 84 60 2.0 .71
October 20, 2020 - Page 98 of 203
Town of Vail Page 4
IV. EXISTING AND PROPOSED TEXT
Existing
12-6I-8 Parking and Loading
Off street parking shall be provided in accordance with chapter 10 of this title. No
parking or loading area shall be located within any required setback area. At the
discretion of the planning and environmental commission, variations to the parking
standards outlined in chapter 10 of this title may be approved during the review of a
development plan subject to a parking management plan. The parking management
plan shall be approved by the planning and environmental commission and shall
provide for a reduction in the parking requirements based on a demonstrated need for
fewer parking spaces than chapter 10 of this title would require. For example, a
demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each
unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts.
To be replaced with:
12-6I-8: Mobility
Mobility for residences shall be provided in accordance with a Mobility
Management Plan approved by the Planning and Environmental Commission.
A. Mobility Management Plan
A Mobility Management Plan, prepared by the applicant, shall describe how
the mobility needs of the residents will be met. This plan shall include:
1. Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and
compact spaces, if proposed.
2. Information on how proposed parking spaces will be allocated to
units and if this allocation is on the form of a deed restriction.
a. If units exceed (X amount), a professionally produced
parking study shall be required.
3. Existence of any bike or vehicle share/shuttle program.
4. Provide covered/protected/secured bike parking/storage
5. Provisions for guest parking/management
6. Seasonal variations in parking management plan
October 20, 2020 - Page 99 of 203
Town of Vail Page 5
7. Provisions for off-site vehicle storage
B. Review Criteria
A Mobility Management Plan shall be reviewed based on the following
criteria:
1. Adequate off-street parking is demonstrated for the quantity of
proposed beds in relation to the proximity of the development to
core services and public transit.
a. Hierarchy of bus routes (aka regional vs local)
b. Proximity to job centers
c. Proximity to commercial area
2. Adequate off-street parking is demonstrated in consideration of
other provided mobility options including, but not limited to, bike
or vehicle share/shuttle programs.
C. Performance Standards
After implementation of a Mobility Management Plan, the following
performance standards shall be maintained:
1. At no times shall personal vehicles be parked in areas designated
for Fire Service or within a dedicated emergency access
easement.
2. At no times shall personal vehicles be parked on adjacent
properties unless permission has been obtained in writing and
provided to and approved the Town.
3. A no times shall personal vehicles be parked in the ROW.
4. At no times shall personal vehicles be parked in areas other than
designated spaces as shown on the approved development plan.
5. At no times shall parking extend into required drive aisles.
6. A no times shall storage of goods, trailers, campers, or
unlicensed vehicles in designated parking areas.
7. Bike parking, as shown on the approved development plan, shall
be maintained at all times in a clean, safe and functional
condition.
D. Reporting Requirement
For the first five years following the implementation of a Mobility
Management Plan, the managing officer shall submit a report to the
Community Development Department. This report shall be received within
30 days of the date of the anniversary of the first issued Certificate of
Occupancy. The report shall include the following:
October 20, 2020 - Page 100 of 203
Town of Vail Page 6
1. Occupancy
a. Occupied units
b. Number of residents per unit
2. Usage of mobility services
3. Results of survey of residents concerning parking
4. Reports code enforcement/fire/parking complaints
5. Parking utilization study during peak periods (summer and
winter)
E. Enforcement Policy
1. If the Mobility Management Plan reporting shows violations of
the performance standards, the plan shall be remanded to the
Planning and Environmental Commission for review of the
report. The applicant shall prepare a resolution to the violations
and an alteration/addendum to the plan to maintain future
compliance. This alteration/addendum shall be approved by the
Planning and Environmental Commission.
2. If at any time, there is credible evidence that the Mobility
Management Plan is not meeting any of the established
performance standards, as determined by town staff, the
applicant shall be notified in writing and given thirty (30) days to
cure the violation. Failure to do so shall result in the Mobility
Management Plan being remanded to the Planning and
Environmental Commission for further review.
3. Nothing above in (1) and (2) shall preclude the enforcement of
parking infractions as municipal code violations.
V. APPLICABLE PLANNING DOCUMENTS
Title 12 – Zoning Regulations, Vail Town Code
Section 3-7 Amendment (in part)
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
districts shown on the official zoning map may be amended or repealed by the town
council in accordance with the procedures prescribed in this chapter.
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
October 20, 2020 - Page 101 of 203
Town of Vail Page 7
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.
VI. REVIEW CRITERIA
Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning
and Environmental Commission must consider before making a recommendation for a
change to the text of the code. These criteria include the following:
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed text amendment provides an enhanced framework for the development,
review and enforcement of mobility plans within the Housing (H) zone district. The
enhanced framework provides for the needed flexibility in the district while recognizing
the necessity of adequate review provisions and performance standards. The text
amendments further the following general and specific purposes of the zoning
regulations.
Section 12-1-2 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.
Section 12-1-2 B
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.
October 20, 2020 - Page 102 of 203
Town of Vail Page 8
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.
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.
Staff finds this criterion to be 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 is compatible with the development objectives of the
town by providing flexibility within the Housing (H) zone districts while improving
standards, accountability and enforcement. The following are relevant goals of the
Town’s Comprehensive Plan that are supported by the proposed amendment:
Vail Land Use Plan:
• Goal 1.1. Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
• Goal 1.3. The quality of development should be maintained and upgraded
whenever possible.
Vail 2020 Community Values:
Transportation and Transit Network: Vail values a sustainable, multi-modal
transportation system that effectively provides ease of access to residents, visitors and
the workforce in an environmentally and technologically forward manner.
Goal #2: Land use and development decisions will address environmental sustainability
as a priority of the community.
Actions/Strategies
Promote alternative transportation through planning efforts that will reduce Vail’s carbon
impact.
October 20, 2020 - Page 103 of 203
Town of Vail Page 9
Support employee housing initiatives in order to reduce trips into Vail.
Staff finds this criterion to be met.
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
The Housing (H) Zone District and the accompanying parking regulations were
incorporated into the Vail Town Code in 2001. There have been no amendments to this
section of the district since that time despite considerable changes in attitudes and
approaches to mobility. While the existing language does provide some flexibility to the
rigid parking standards found in Chapter 10, it lacks the necessary framework for
thoughtful review by the decisionmakers and accountability for the applicant. Coupled
with enhanced enforcement measures, this framework provides the needed framework
for developers of workforce housing while safeguarding the community from inadequate
mobility infrastructure.
Staff finds this criterion to be 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 text amendment provides an enhanced framework for the development,
review and enforcement of mobility plans within the Housing (H) zone district. The
amendment preserves a harmonious, convenient, and workable relationship among
land uses consistent with municipal objectives, chiefly the development of workforce
housing and the necessary mobility options and infrastructure to support its residents.
As a result, staff finds this criterion to be met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
Based upon the analysis of the review criteria contained in Section VI of this
memorandum and on the evidence and testimony presented, the Community
Development Department recommends that the Planning and Environmental
Commission make a recommendation to the Vail Town Council to approve a
Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new
section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing
(H) Zone District., and setting forth details in regard thereto. (PEC20-0021)
October 20, 2020 - Page 104 of 203
Town of Vail Page 10
If the Planning and Environmental Commission chooses to recommend approval of the
proposed text amendment, the Community Development Department recommends the
following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a Prescribed Regulation Amendment
pursuant to Section 12-3-7 Amendment, Vail Town to replace Section 12-6I-8
Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8
Mobility, to address mobility needs of residents in the Housing (H) Zone District.,
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 the review of the criteria outlined in Section VI of the Community
Development Department memorandum dated September 28, 2020 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; 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.
VIII. Attachments
A. Memo from VHLA, September 24, 2020
B. Staff memorandum to the Town Council, February 18, 2020
C. Staff Memorandum to the Town Council, July 19, 2020 with Attachments
October 20, 2020 - Page 105 of 203
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
MEMORANDUM
To: Vail Town Council
Town of Vail Planning & Environmental Commission
From: Vail Local Housing Authority
Date: September 23, 2020
Re: Proposed Parking Requirement Amendments – Housing (H) District
I. Purpose
The purpose of this memorandum is to provide written comments to the Vail Town Council and
the Town of Vail Planning & Environmental Commission regarding proposed amendments to
the Parking and Loading requirements prescribed for development within the Housing (H)
District.
The Vail Local Housing Authority (VLHA) members request their written comments be entered
into the public record on the review of the amendments.
II. Written Comments
The written comments below were generated following a presentation of the proposed parking
requirement amendments to the VHLA on September 22, 2020:
• The VLHA strongly supports the policy direction provided by the Vail Town Council to the
town staff to prepare proposed amendments to the parking requirements for development
in the (H) District. It is further understood that the change in policy direction provided is
to focus on the transportation needs of the residents within the (H) District rather than
focusing on meeting a parking requirement based upon the size of a dwelling unit.
October 20, 2020 - Page 106 of 203
Town of Vail Page 2
• The VLHA recommends this new policy direction be clearly stated and articulated within
the purpose section of any amended regulations adopted as the purpose section of the
regulation sets the framework for the application and implementation of the regulations
that follow.
• The VLHA recommends any reference to the prior method of parking requirement
determination and approach be removed from the new regulations. As drafted, there is
an inference that the basis for determining the number of required parking spaces is
based upon current means and methods, when in fact, the expressed purpose of the
amendment is to forego the outdated approach of the past and focus on an entirely new
approach, that is based upon addressing the transportation needs.
• The VLHA recommends the role of enforcement be explored and improved where
practical. It appears certain provisions of the new regulations are specifically focused on
existing conditions (i.e. Solar Vail). Rather than draft additional provisions which may
unintentionally affect future developments, focus on enforcing the regulations which are
currently in place.
• The VLHA recommends site planning and design be taken in consideration with the goal
of eliminating opportunities for vehicles to be parked illegally. Solar Vail and First Chair
were each cited as examples in the staff presentation. In one instance, illegal parking
has become a problem. In the other, it is not. A discernible difference between the two
is site plan design.
• The VLHA recommends collaborating with industry leaders from car sharing programs in
the drafting of the proposed amendments. An opportunity likely exists to create an
environment which is more conducive and better accommodating to the critical mass
needs generally required of car sharing programs. The needs of a successful car sharing
program may not be adequately addressed in the proposed amendments.
• The VLHA recommends the amendments be revised to include an obligation of an
applicant to determine the transportation needs of residents in the (H) District. Much like
a traffic report or employee housing generation report, a transportation needs report
would establish the baseline needs by which the applicant would be obligated to
demonstrate to address in an application submittal.
October 20, 2020 - Page 107 of 203
Town of Vail Page 2
October 20, 2020 - Page 108 of 203
To: Vail Town Council
From: Jonathan Spence, Planning Manager
Chris Southwick, Mobility Innovation Coordinator
Date: July 21, 2020
Subject: Mobility and Parking Requirements in the Housing (H) District
I. INTRODUCTION
The purpose of this memorandum is to frame a policy discussion around the issue of mobility
requirements in the Housing (H) zone district; to consider more efficacious standards and practices.
The policy discussion will center on shifting the focus of Town Code regulations away from existing
minimum parking requirements, which are determined based on the number and size of dwelling
units, toward an alternative approach with an emphasis on meeting the transportation and mobility
needs of residents.
Current trends in community planning recognize that privately-owned automobiles are no longer
the primary means of transportation for some people, and well-designed, sustainable site and
building plans should not be driven by the need to park vehicles. The availability of and proximity
to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful
criteria to reduce the need for asphalt surface and structured parking lots on scarce land.
This memo is a follow-up to the Town Council memo and discussion of February 18, 2020.
II. BACKGROUND
The Vail Town Code (Code) takes a largely traditional approach to parking requirements. These
requirements do acknowledge that parking demands vary by parts of Town through having two
requirements, one for the Core Area (the villages) and one for areas outside of the core. Beyond
this distinction, the Code relies on traditional means to determine parking requirements through a
ratio of required spaces to unit count (hotel rooms), square footage (commercial uses) or GRFA
(residential uses). Within the Core Area, the parking ratio is fixed at 1.4 spaces per unit, regardless
of size. Below is a link to Chapter 10, Off Street Parking and Loading of the Code:
https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610
Provisions within the Housing (H) Zone District
The Code does provide the ability for projects within the Housing (H) District to deviate from the
established parking requirements through the review process before the Planning and
Environmental Commission. This language is as follows:
July 21, 2020 - Page 38 of 152October 20, 2020 - Page 109 of 203
Town of Vail Page 2
Sec. 12-6I-8: Parking and Loading
Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading
area shall be located within any required setback area. At the discretion of the planning and
environmental commission, variations to the parking standards outlined in chapter 10 of this title
may be approved during the review of a development plan subject to a parking management plan.
The parking management plan shall be approved by the planning and environmental commission
and shall provide for a reduction in the parking requirements based on a demonstrated need for
fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need
for a reduction in the required parking could include:
A. Proximity or availability of alternative modes of transportation including, but not limited to,
public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare programs,
carshare programs, shuttle service, or staggered work shifts.
III. AN ALTERNATIVE APPROACH FOCUSED ON MOBILITY
Over the last six months, staff has explored alternative approaches to addressing parking and
mobility requirements in the Housing (H) District. Staff has formulated draft language (Attachment
A.) that shifts from prescriptive parking requirements based on unit count to requirements based
on the actual parking and mobility needs of the residents, as determined and managed through a
Mobility Management Plan. The proposed components of the future regulations are as follows:
A. A Mobility Management Plan that describes the approach the development will take in
ensuring adequate parking and mobility options for its residents.
B. Criteria to guide staff and the Planning and Environmental Commission in reviewing
proposed Mobility Management Plans.
C. Performance Standards applicable to all Mobility Management Plans to ensure that the
continued operation of the plan is done so in a safe, effective and appropriate manner.
D. A reporting requirement during the initial years following occupancy of a development.
This report will chronicle the effectiveness of the Mobility Management Plan, providing
the Town and management data helpful in evaluating this and other future plans
including potential innovations in mobility currently not considered.
E. An enforcement policy requiring amendments to the Mobility Management Plan if it is
documented that the current plan is inadequate for safety or other reasons. These
amendments would require an additional review by the Planning and Environmental
Commission.
Mark Novak, Fire Chief of Vail Fire and Emergency Services, has had the opportunity to review the
alternative approach and has expressed concerns, particular in light of the current pandemic.
Please find Chief Novak’s comments included as Attachment B.
July 21, 2020 - Page 39 of 152October 20, 2020 - Page 110 of 203
Town of Vail Page 3
IV. POLICY DISCUSSION/STAFF RECCOMENDATION
Staff recommends the Town Council engage in a discussion concerning this alternative approach
to mobility and parking requirements in the Housing (H) District and direct staff to proceed with an
amendment to the Vail Town Code, to be reviewed by the Planning and Environmental Commission
and subsequently the Town Council.
V. ATTACHMENTS
A. Draft Alternative Language to Section 12-6I-8
B. Correspondence from Chief Novak
July 21, 2020 - Page 40 of 152October 20, 2020 - Page 111 of 203
Scrap 12-6I-8 Parking and Loading
Replace with:
12-6I-8: Mobility
Mobility for residences shall be provided in accordance with a Mobility Management
Plan approved by the Planning and Environmental Commission.
A. Mobility Management Plan
A Mobility Management Plan, prepared by the applicant, shall describe how the
mobility needs of the residents will be met. This plan shall include:
1. Information on how proposed parking spaces will be allocated to units
and if this allocation is on the form of a deed restriction.
a. If units exceed (X amount), a professionally produced parking
study shall be required.
2. Information concerning stacked parking
3. Existence of any bike or vehicle share/shuttle program.
4. Provide covered/protected/secured bike parking/storage
5. Compact spaces proposed
6. Provisions for guest parking/management
7. Seasonal variations in parking management plan
8. Provisions for off-site vehicle storage
B. Review Criteria
A Mobility Management Plan shall be reviewed based on the following criteria:
1. Adequate off-street parking is demonstrated for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit.
a. Hierarchy of bus routes (aka regional vs local)
b. Proximity to job centers
c. Proximity to commercial area
2. Adequate off-street parking is demonstrated in consideration of other
provided mobility options including, but not limited to, bike or vehicle
share/shuttle programs.
C. Performance Standards
After implementation of a Mobility Management Plan, the following performance
standards shall be maintained:
July 21, 2020 - Page 41 of 152October 20, 2020 - Page 112 of 203
1. At no times shall personal vehicles be parked in areas designated for
Fire Service.
2. At no times shall personal vehicles be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved the Town.
3. A no times shall personal vehicles be parked in the ROW.
4. At no times shall personal vehicles be parked in areas other than
designated spaces as shown on the approved development plan.
5. At no times shall parking extend into required drive aisles.
6. No storage of goods, trailers, campers, or unlicensed vehicles in
designated parking areas.
7. Bike parking, as shown on the approved development plan, shall be
maintained at all times in a clean, safe and functional condition.
D. Reporting Requirement
For the first three years following the implementation of a Mobility Management
Plan, the managing officer shall submit a report to the Community Development
Department. This report shall be received within 30 days of the date of the
one/two- and three-year anniversary of the first issued Certificate of Occupancy.
The report shall include the following:
1. Occupancy
a. Occupied units
b. Number of residents per unit
2. Usage of mobility services
3. Results of survey of residents concerning parking
4. Reports code enforcement/fire/parking complaints
5. Parking utilization study during peak periods (summer and winter)
E. Enforcement Policy
If the Mobility Management Plan reporting shows violations of the performance
standards, the plan will be remanded to the Planning and Environmental
Commission for review of the report. The applicant shall prepare a resolution to
the violations and an alteration/addendum to the plan to maintain future
compliance. This alteration/addendum shall be approved buy the Planning and
Environmental Commission.
July 21, 2020 - Page 42 of 152October 20, 2020 - Page 113 of 203
July 15, 2020
Thanks for sending this over. My high level comments are below (points 2 and 3 but I feel
obligated to identify them given my emergency management training and due to the fact that
they will ultimately impact concern #1), I also have several comments in the documents:
1) Fire department access-experience with current under-parked housing projects has
demonstrated that occupants will park in any available spot. With the exception of
temporary foreign workers, few come to Vail without a vehicle. This has resulted in
ongoing problems in existing under-parked projects . This even extends to current
projects that were perceived to have ample parking such as Chamonix Vail. This project
has 2-4 parking spaces available for each unit. Despite this, we frequently witness
vehicles parked in the ROW/fire lane or parked in a driveway, yet encroaching upon the
ROW/fire lane. In most housing complexes we have little enforcement power as PD will
generally not issue a citation or summons for a parking issue that is on private property.
Property owners/managers/HOAs cannot manage parking when there are simply not
enough spots for tenants to park their personal vehicles.
2) Personal emergency preparedness/community resiliency-our current evacuation plan
calls for evacuation by bus for those who do not have a vehicle. Waiting for a bus is
contrary to the need for early/rapid evacuation during a rapidly expanding emergency
incident. In addition, the recent pandemic demonstrated the need for personal vehicles
due to the shut down of the bus system and the strong recommendation not to carpool.
The current pandemic is not a black swan event, public health had predicted this
eventuality for years and continue to predict that we are in an era in which pandemics
will become more commonplace due to globalization and other factors.
3) Finally, the performance/mobility based concept is flawed as it is based upon the
assumption that the characteristics of our community will remain static. Under-parked
housing units are based upon the assumption that not only will the occupants have good
alternatives to driving, they will also not own a vehicle. The utility of this assumption is
questionable. The current pandemic and future public health threats may challenge the
utility of the shared economy and utilization of mass transit. In addition, it is likely that the
nature of the workforce will change and there will be many less guest workers who
arrive in Vail without a vehicle.
Mark Novak
Fire Chief
Vail Fire and Emergency Services
Office: 970-477-3474
Cell: 970-471-0927
www.vailgov.com/fire
Prevent Loss, Serve Others, Protect and Enhance the Quality of Life
July 21, 2020 - Page 43 of 152October 20, 2020 - Page 114 of 203
PRESENTATION BY
Jonathan Spence
Planning Manager
and
Chris Southwick
Mobility Innovation
Coordinator
July 21, 2020
Mobility and Parking Requirements
in the Housing (H) District
July 21, 2020 - Page 44 of 152October 20, 2020 - Page 115 of 203
EXISTING REGULATIONS IN THE HOUSING (H) DISTRICT
Town of Vail | Community Development
Sec. 12-6I-8: Parking and Loading
Off street parking shall be provided in accordance with chapter 10 of this title. No
parking or loading area shall be located within any required setback area. At the
discretion of the planning and environmental commission, variations to the parking
standards outlined in chapter 10 of this title may be approved during the review of a
development plan subject to a parking management plan. The parking management
plan shall be approved by the planning and environmental commission and shall
provide for a reduction in the parking requirements based on a demonstrated need
for fewer parking spaces than chapter 10 of this title would require. For example, a
demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each
unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts.
July 21, 2020 - Page 45 of 152October 20, 2020 - Page 116 of 203
AN ALTERNATIVE APPROACH FOCUSED ON MOBILITY
Town of Vail | Community Development
COMPONENTS:
A.A Mobility Management Plan that describes the approach the development will take in
ensuring adequate parking and mobility options for its residents.
B.Criteria to guide staff and the Planning and Environmental Commission in reviewing
proposed Mobility Management Plans.
C.Performance Standards applicable to all Mobility Management Plans to ensure that the
continued operation of the plan is done so in a safe, effective and appropriate manner.
D.A reporting requirement during the initial years following occupancy of a development.
This report will chronicle the effectiveness of the Mobility Management Plan, providing
the Town and Management data helpful in evaluating this and other future plans
including potential innovations in mobility currently not considered.
E.An enforcement policy requiring amendments to the Mobility Management Plan if it is
documented that the current plan is inadequate for safety or other reasons. These
amendments would require an additional review by the Planning and Environmental
Commission.
July 21, 2020 - Page 46 of 152October 20, 2020 - Page 117 of 203
POSSIBLE CONCERNS
Town of Vail | Community Development
•Necessity of increased level of enforcement and associated
manpower
•Lack of a baseline parking requirement
•Difficulties if management plan is unworkable
July 21, 2020 - Page 47 of 152October 20, 2020 - Page 118 of 203
Thank you
July 21, 2020 - Page 48 of 152October 20, 2020 - Page 119 of 203
To: Vail Town Council
From: Matt Gennett, Community Development Director
Date: February 18, 2020
Subject: Mobility and Parking Requirements- Policy Discussion
I. INTRODUCTION
The purpose of this memorandum is to frame a policy dialogue around the issue of
minimum parking requirements, particularly in the Housing (H) zone district, to consider
more efficacious standards and practices based on the concept of mobility. The policy
discussion will center on shifting the focus of Town Code regulations away from existing
minimum parking requirements, which are determined based on the number and size of
dwelling units, toward an alternative approach that requires meeting the transportation and
mobility needs of residents.
Current trends in community planning recognize that privately-owned automobiles are no
longer the primary means of transportation for some people, and well-designed,
sustainable site and building plans should not be driven by the need to park vehicles. The
availability of proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing
are proving to be meaningful criteria to reduce the need for asphalt surface and structured
parking lots on scarce land.
II. BACKGROUND
As stated above, the Vail Town Code (Code) takes a largely traditional approach to parking
requirements. These requirements do acknowledge that parking demands vary by parts of
Town through having two requirements, one for the Core Area (the villages) and one for
areas outside of the core. Beyond this distinction, the Code relies on traditional means to
determine parking requirements through a ratio of required spaces to unit count (hotel
rooms), square footage (commercial uses) or GRFA (residential uses). Within the Core
Area, the parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to
Chapter 10, Off Street Parking and Loading of the Code:
https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610
The Code does provide the ability for certain projects to deviate from the established
parking requirements. These include the following:
Special Review Provisions
October 20, 2020 - Page 120 of 203
Town of Vail Page 2
Within Chapter 10, there are criteria that allows the PEC to deviate as much as twenty-five
percent (25%) from the requirement. The language is as follows Section 12-10-20):
Notwithstanding the provisions of section 12-10-18 of this chapter, the Planning and
Environmental Commission may approve a reduction to the number of required spaces
specified in section 12-10-10 of this chapter, provided a report documenting the presence
of unique parking characteristics is provided by a qualified consultant and the following
findings are made by the Planning and Environmental Commission:
A. The parking demand will be less than the requirements identified in section 12-10-
10 of this chapter; and
B. The probable long term use of the building or structure, based on its design, will not
generate additional parking demand; and
C. The use or activity is part of a demonstrated permanent program (including, but not
limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to
reduce parking demand that has been incorporated into the project's final approved
development plan; and
D. Proximity or availability of alternative modes of transportation (including, but not
limited to, public transit or shuttle services) is significant and integral to the nature of
the use or business activity.
In reaching a decision, the Planning and Environmental Commission shall consider survey
data submitted by a qualified transportation planning or engineering consultant. Projects
under "special review" are subject to additional scrutiny by the Planning and Environmental
Commission after development plan approval if it is deemed necessary to verify continued
compliance with the above listed criteria. The maximum allowable reduction in the number
of required spaces shall not exceed twenty five percent (25%) of the total number required
under section 12-10-10 of this chapter.
Provisions within the Housing (H) Zone District
Within the Housing Zone District are similar criteria that allows the PEC to deviate from the
parking requirements with no limitations. This language is as follows (Sec. 12-6I-8):
Off street parking shall be provided in accordance with chapter 10 of this title. No parking
or loading area shall be located within any required setback area. At the discretion of the
planning and environmental commission, variations to the parking standards outlined in
chapter 10 of this title may be approved during the review of a development plan subject
to a parking management plan. The parking management plan shall be approved by the
planning and environmental commission and shall provide for a reduction in the parking
requirements based on a demonstrated need for fewer parking spaces than chapter 10 of
this title would require. For example, a demonstrated need for a reduction in the required
parking could include:
October 20, 2020 - Page 121 of 203
Town of Vail Page 3
A. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts.
Onsite EHUs required per Inclusionary Zoning or Commercial Linkage
Employee Housing Units that are built onsite as a requirement of either Inclusionary Zoning
or Commercial Linkage may request a deviation from the parking requirements. This
language is as follows (Sec. 12-23-3D and Sec. 12-24-3D):
Exception For On Site EHUs: At the discretion of the applicable governing body, variations
to the parking standards outlined in chapter 10 of this title may be approved during the
review of an employee housing plan subject to a parking management plan. The parking
management plan may be approved by the applicable governing body and may provide for
a reduction in the parking requirements for on site units based on a demonstrated need for
fewer parking spaces than chapter 10 of this title would require. For example, a
demonstrated need for a reduction in the required parking could include:
a. Proximity or availability of alternative modes of transportation including, but not
limited to, public transit or shuttle services.
b. A limitation placed in the deed restrictions limiting the number of cars for each unit.
c. A demonstrated permanent program including, but not limited to, rideshare programs,
car share programs, shuttle service, or staggered work shifts.
General Use (GU) District
All development standards including parking are determined by the PEC
Other Means
The Vail Town Code also allows variations to parking requirements through the Variance
and Special Development District processes.
III. ALTERNATIVE APPROACHS
As presented in the previous section, the Code provides a number of means to deviate
from the parking requirements of Chapter 10. What they all have in common is that they
use the requirements of Chapter 10 as the basis. The reliance on a use-based approach
may not yield results consistent with the development objectives of the Town.
October 20, 2020 - Page 122 of 203
Town of Vail Page 4
Alternative approaches to parking requirements do exist. One example that builds on Vail’s
Core Area concept it utilized in Salt Lake City, Utah. Salt Lake City’s Off-Street Parking,
Mobility and Loading standards considers the context of developments when determining
parking requirements. The following is an excerpt from their Development Code:
Context Approach
Salt Lake City has a wide variety of development contexts that make any single approach
to minimum and maximum parking requirements ineffective. The parking demand for a
downtown area served by transit will be much lower than a downtown adjacent
neighborhood or suburban shopping center. To ensure that minimum and maximum
parking requirements reflect the built context (and future built context) of the area, we
created four distinct “context areas”, and then tailored minimum and maximum parking
standards to each. The Minimum and Maximum Off-Street Parking Table below lists the
specific zoning districts included in each context area. The following is a brief narrative
introducing each context area:
1. General Context: This category includes the City’s zoning districts that tend to be more
auto dependent and/or suburban in scale and parking needs. This context applies broadly
to all of the zoning districts that are not specifically listed in the other context areas.
2. Neighborhood Center: This category includes areas with small- or moderate-scale
shopping, gathering, or activity spaces, often within or adjacent to General Context areas,
but that are not necessarily well served by transit. This category includes zoning districts
with pedestrian-scale development patterns, building forms, and amenities.
3. Urban Center: This category includes zoning districts with dense, pedestrian-oriented
development within more intensely developed urban centers. The parking demand in this
context is higher than in the Neighborhood Center Context, but lower than areas with good
transit service.
4. Transit Context: This category includes those zoning districts that immediately surround
mass-transit facilities and/or are in the downtown core. These areas have the lowest
parking demand and may be exempt from minimum parking requirements or be required
to provide minimal off-street parking.
IV. POLICY DISCUSSION/STAFF RECCOMENDATION
Other methodologies do exist that consider various demographic, geographic and
management factors related to automobile ownership and use, thereby effecting parking
demands. As Vail continues to grow and mature, a more in-depth, nuanced analysis
concerning vehicle ownership and use by all segments of our community could yield more
appropriate regulations related to mobility and automobile parking.
Staff recommends the Town Council direct staff to explorer alternative means of assessing
mobility, including parking requirements, to more effectively meet the transportation and
mobility needs of residents and visitors.
October 20, 2020 - Page 123 of 203
P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
September 28, 2020, 1:00 P M
Virtual
75 S. F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_t2-dEk2D T0uC R2X Vyxa2Xg
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2.Attendance
Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry
Pratt, J ohn-Ryan Lockman
Absent: Pete Seibert
2.Main Agenda
2.1.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to add Section 13-14, Administrative Lot Line Adjustment and
Elimination Procedures, Vail Town Code, to add an administrative procedure
for the adjustment or elimination of lot lines between existing platted lots, and
setting forth details in regard thereto.. (P E C20-0019)
30 min.
Applicant:Town of Vail
Planner:J onathan Spence
Planner Spence: I ntroduced the project by discussing the frequency of
these lot line adjustment requests. W hen these are brought to the P E C,
there is generally not a lot more for the P E C to review. The proposed
amendment would not change the actual review process with these requests
still going through Public W orks and E RW S D.
Chairman Kurz: Remembers this topic being discussed with the P E C
before. Did the P E C express interest in making these administrative?
Spence: Yes.
Commissioner Perez: Asked if applicants could still bring the request to the
P E C if they wanted. Has encountered individuals who may have wanted to
appeal a staff decision to the P E C, but the appeal process adds extra time
that an applicant may want to avoid by directly going to the P E C.
Spence: These applications are generally the least controversial items we
bring to the P E C.
Commissioner Gillette: Asked about a possible example of these
applications.
October 20, 2020 - Page 124 of 203
Spence: Clarified that these applications are generally for small adjustments
to the way lot lines are drawn. Typically, the owner is the same for both
properties on the line.
Gillette: Asked if the appeal process is the same for these as it is for other
administrative procedures.
Spence: Yes.
Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the
motion and it passed (6-0).
Absent:(1)Seibert
2.2.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to replace Section 12-6I -8 Parking and Loading, Vail Town Code,
with a new section, Section 12-6I -8 Mobility, to address mobility needs of
residents in the Housing (H) Zone District, and setting forth details in regard
thereto.. (P E C20-0021)
60 min.
Applicant:Town of Vail
Planner:J onathan Spence
1. The proposed language shall be modified to remove a reference to
bikes in the criteria section.
2. The proposed language shall be modified to include a reference to the
parking requirements of Chapter 10 as a baseline.
Planner Spence: Explained that the Town Council had directed staff to look
into alternative methods to the parking requirement in the Housing district.
The resulting revised language shifts focus away from vehicle parking but
involves a more in-depth analysis into the mobility options for housing
projects. Spence then addressed some existing housing district projects as
examples. Stated that the management plans of parking and mobility is the
greatest indicator of success for these projects. Comment was received
from the Vail Local Housing Authority.
Kurz: W e also had some comment from the Fire Department. Have his
comments been addressed in this proposal?
Spence: F D had concerns about existing developments and a concern
related to Chamonix development. The Chamonix development met all of the
existing requirements of the Code meaning that the issues there are more of
an enforcement issue.
Kurz: Had a question about local data showing that the Town of Vail is ready
to move away from focusing on vehicle parking.
Spence: No statistical analysis. I n the Housing district the applicants have
always been able to ask for variations from the parking requirement based
on other mobility methods. This proposal isn’t meant to replace requirements
for vehicle parking if that need still exists, it is meant to provide more
flexibility in meeting transportation needs. This proposal does not require
reduced parking. This also provides a better framework for mobility
management plan requirements, criteria, and enforcement.
Gillette: There are different types of employee housing in Vail. Gave the
October 20, 2020 - Page 125 of 203
example of permanent employees vs seasonal ski season employees. The
code requirements aren’t currently able to address this. Management plan
needs to be able to address utility trucks, services vehicles, etc.
Spence: Clarified that the Chamonix development met and exceeded the
parking requirement and still has issues. Argued that this development is an
has similar issues to development in other zone districts related to on street
parking. Doesn’t agree that the existing parking requirements aren’t
necessarily adequate.
Gillette: Remained unconvinced. Felt that other locations also likely want
more parking in their neighborhood.
Kurz: Asked if Pratt had any data on how the parking situation was at the
Sonnenalp?
Commissioner Pratt: Says that it is often visitors parking where they aren’t
supposed to that is the biggest issue there. Seems that the Fire access
issue is related to enforcement.
Kurz: Asked about any additional public input related to this proposal.
Spence: No.
Kurz: Asked about the process for approving this language. Asked Spence
to walk the P E C through the different sections.
Spence: First section addresses background info surrounding the proposed
mobility plan.
Pratt: Asked about the weighting of bikes and bike storage for a town that is
covered in snow for a significant portion of the year. Finds it odd that they
are put on equal footing with car shares and public transit.
Spence: There is no intent to weight any of these options. Staff and P E C
could review these proposals and make a determination about the
appropriateness of proposed bike facilities.
The next section provides general review criteria. This give reviewers more
of a framework to access a mobility plan. The criteria was meant to be fairly
open, no specific standards.
Gillette: A bike share should not be considered a replacement of a parking
space in this town. Bike parking/share is important but shouldn’t replace
other vehicle requirements.
Spence asked if other commissioners were supportive of removing bike
considerations from the criteria, and the commissioners were supportive of
this.
Spence: Discussed the next section related to enforcement.
Pratt: Asked who would be responsible for enforcement.
Spence: Staff would be responsible.
Perez: Asked if there was anyone on staff who was specifically tasked to
enforcement. Otherwise these regulations and others like conditional use
October 20, 2020 - Page 126 of 203
permits are just for show.
Spence: Responded with “no”, but that staff often worked with Code
Enforcement to assist with enforcement. Stated that concerns with specific
projects should be brought up with staff so that staff can be made aware and
react.
Pratt: Understands that the police will not go on private property to enforce
parking standards. W ill this change that?
Spence: Explained what can be enforced on private property and that this
proposal will have no effect on this.
Pratt: Concerned that if a development is not meeting parking needs that
they will not be able to correct the issue because the development is already
constructed by that point.
Spence: Agreed with this sentiment but did not see a clear way around that
issue.
Gillette: Suggested a survey to be distributed to current Vail districts to get
an understanding of existing parking and mobility needs.
Spence: Expressed that most people are likely to say that they want more
parking, but the town needs to consider the tradeoff of additional parking for
less housing.
Gillette: Thinks that the survey could be designed to better find that balance.
The survey would be more in depth than simply asking if more parking is
needed.
Spence: Stated that staff could do this. Staff has already talked to the
management of several housing district projects.
Kurz: Feels that this plan is moving in the right direction, but more
discussion is needed to iron out details. Asked to elaborate on the reporting
requirements.
Spence: The reporting data give staff, P E C, management information on the
type of residents in these developments and what their mobility needs are.
Spence: Continued by discussing the enforcement procedures. Compared
this to conditional use permits where if issues arise, the applicant will have to
return to the P E C with an updated proposal.
Gillette: Noticed that the electric bikes around town were near some housing
development and asked if that was by design.
Spence: Stated that Beth Markham with the town’s Environmental
department would be the best person to ask.
Commissioner Lockman: Can the town help drive strategies to address
underutilized parking?
Spence: Stated that generally the housing district does not have this issue.
Pratt: Thinks that the added flexibility is good and likes that the additional
October 20, 2020 - Page 127 of 203
framework gives the P E C something more to work with rather than just
evaluating a request made by the applicant.
Gillette: One concern is that there is no baseline requirement.
Spence: Staff did previously write a version of this with a minimum parking
requirement of one space per unit. The V L HA opposed this.
Gillette: Thinks that a baseline does need to be in this language. Applicants
have to start somewhere.
There then followed a short discussion on the idea of including a baseline
and the existing housing developments in town. The P E C was generally
supportive of a baseline.
Gillette: Also still feels that a survey of the public in the housing district is
needed to move forward with this proposal. Suggested some example
questions like “How much would you pay for a parking space?”, “Are you
interested in a vehicle share program”, etc.
Spence and Kjesbo stated that they still felt that the town already knows how
these questions will be answered. These regulations are aimed at developers
more than tenants.
Perez: Sees both points and thinks that the survey is helpful to understand
the market desire in town.
Public Comment opened
Steve Lindstrom (V LHA): This proposal was discussed at the most recent
V L HA meeting and is a topic they have been interested in for a while. They
have seen a wide variety of parking and mobility proposals over time.
Discussed examples of First Chair and Chamonix that both have very
different needs and outcomes. This would allow the developer to propose
their parking solution to the P E C. I t would allow the P E C to review these
proposals from the resident and developer needs rather than starting with the
car and working backwards. Stated that a parking space is close to the cost
of an apartment unit. Thinks it is better to start with a mobility proposal and
move towards more parking if needed, rather than working in the reverse
direction.
Rollie Kjesbo moved to recommend approval with conditions. Henry Pratt
seconded the motion and it passed (5-1).
Ayes:(5)Kjesbo, Kurz, Lockman, Perez, Pratt
Nays:(1)Gillette
Absent:(1)Seibert
2.3.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-9A-10 Amendment Procedures, Vail Town
Code, to change the notification requirements for a Minor Amendment to an
S D D, and setting forth details in regard thereto. (P E C20-0018)
30 min.
Applicant:Town of Vail
Planner:Greg Roy
Planner Roy: I ntroduced the proposal by discussing the review and
October 20, 2020 - Page 128 of 203
notification requirements currently for minor S D D amendments. The current
language has notification sent out to all neighbors saying that the review is
occurring. The proposal would make it so that this notice would let neighbors
know what the staff decision was. This is in line with how we handle other
staff-level P E C items.
Gillette: Asked about Mr. Mauriello’ s comments.
Roy: Talked about how these comments were considered.
Spence: Stated that minor amendments have fairly specific standards and
parameters for review.
Roy: Elaborated by mentioning that minor S D D amendments include things
like changes to landscaping and <5% changes in building footprints.
Kjesbo: Agrees that major amendments cannot be noticed in this way, they
are potentially too significant of a change.
Pratt: Stated that noticing for major amendments to notice all residents in an
S D D is difficult. Appropriate for a major amendment but likely not for a
minor one.
No public comment.
Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the
motion and it passed (6-0).
Absent:(1)Seibert
2.4.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-
6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in
Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting
forth details in regard thereto. (P E C20-0027)
The applicant has requested this item be tabled to October 12, 2020.
5 min.
Applicant:Town of Vail, represented by George Ruther
Planner:
Rollie Kjesbo moved to table to October 12, 2020. Brian Gillette seconded
the motion and it passed (6-0).
Absent:(1)Seibert
3.Approval of Minutes
3.1.September 14, 2020 P E C Meeting Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Absent:(1)Seibert
4.Adjournment
October 20, 2020 - Page 129 of 203
Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it
passed (6-0).
Absent:(1)Seibert
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
October 20, 2020 - Page 130 of 203
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 14, Series of 2020, 1st Reading, Ordinance to add S ection 13-14,
A dministrative L ot L ine A djustment and Elimination P rocedures, Vail Town Code, to add an
administrative procedure for the adjustment or elimination of lot lines between existing platted lots
P RE S E NT E R(S ): J onathan S pence, Planning Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 14, S eries of 2020, upon first reading.
B AC K G RO UND: Currently the P lanning and E nvironmental Commission reviews applications
for the adjustment or elimination of lot lines between existing platted lots as a Minor S ubdivision.
The Community Development Department and the Planning and Environmental Commission have
expressed agreement that this public review has been unnecessary and did not add value, as a
review for compliance with relevant standards had already occurred.
S TAF F RE C O M M E ND AT IO N: On S eptember 28, 2020, the P lanning and E nvironmental
Commission (P E C) forwarded a unanimous recommendation, for approval, for a prescribed
regulation amendment, pursuant to Section 12-3-7, A mendment, Vail Town Code.
AT TAC H ME N TS:
Description
Staff Memorandum
Attachment A. Ordinance No. 14, Series of 2020
Attachment B. Staff Memorandum, P E C20-0019, September 28, 2020
Attachment C. P E C Minutes, September 28, 2020
October 20, 2020 - Page 131 of 203
TO: Vail Town Council
FROM: Community Development Department
DATE: October 20, 2020
SUBJECT: First reading of Ordinance No. 14, Series of 2020, an ordinance to add Section
13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail
Town Code, to add an administrative procedure for the adjustment or
elimination of lot lines between existing platted lots, and setting forth details in
regard thereto. (PEC20-0019)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMM ARY
The applicant, Town of Vail, is requesting a first reading of Ordinance No. 14, Series of 2020,
an ordinance to add Section 13-14, Administrative Lot Line Adjustment and Elimination
Procedures, Vail Town Code, to add an administrative procedure for the adjustment or
elimination of lot lines between existing platted lots, and setting forth details in regard thereto.
On September 28, 2019, the Planning and Environmental Commission (PEC) forwarded a
unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant
to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the
PEC included as Attachment B and the minutes from the September 28th meeting included
as Attachment C.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 14, Series of 2020, upon first reading.
III. DESCRIPTION OF THE REQUEST
The applicant is requesting a prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to add Section 13-14, Administrative Lot Line Adjustment and
Elimination Procedures, Vail Town Code, adding an administrative procedure for the
adjustment or elimination of lot lines between existing platted lots. The proposed new section
would allow administrative review, where appropriate, for amendments to existing plats
October 20, 2020 - Page 132 of 203
Tow n of Vail Page 2
where compliance with development standards is maintained.
IV. BACKGROUND
Currently the Planning and Environmental Commission reviews applications for the
adjustment or elimination of lot lines between existing platted lots as a Minor Subdivision.
This type of review generally occurs three of four times each year. The Community
Development Department and the Planning and Environmental Commission have expressed
agreement that this public review has been unnecessary and did not add value, as a review
for compliance with relevant standards had already occurred. Administrative review of plats
currently occurs and involves departments within the town in addition to outside agencies
(Fire, Public Works, Utilities, Etc.) This amendment allows staff to refer an application to the
Commission if the project is in any way not in compliance with development or subdivision
standards.
IV. PROPOSED TEXT AMENDMENT
The new section is shown below:
Chapter 14
ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS
13-14-1: PURPOSE AND INTENT:
13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW:
13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR
REVIEW:
13-14-4: APPEAL OF ADMINISTRATOR'S DECISION:
13-14-5: FILING AND RECORDING:
13-14-1: PURPOSE AND INTENT:
The purpose of this chapter is to establish criteria and an appropriate review process
whereby the administrator may approve lot line adjustments and/or eliminations to
previously approved plats. This process is intended to allow for the administrative review of
adjustments or eliminations of existing lot lines where no "subdivision" occurs and
conformance with applicable provisions of this code has been demonstrated.
13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW:
Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall
meet with the administrator to determine if the request is consistent with the lot line
adjustments and/or eliminations criteria outlined in section 13-14-3 of this chapter. If the
administrator determines the subject application would circumvent significant and relevant
elements of the subdivision review process and/or is inconsistent with relevant standards of
Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision"
or "exemption plat" review processes outlined in this title.
October 20, 2020 - Page 133 of 203
Tow n of Vail Page 3
13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR
REVIEW:
A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the
proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the
provision that certain requirements may be waived by the administrator if determined to be
not applicable to the project.
B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the
administrator shall route the proposed plat to appropriate town staff and outside agencies.
The administrator shall sign the plat if approved, require modifications on the plat for
approval, or deny approval due to inconsistencies with the required findings for approval, or
failure to make other required modifications. Lot line adjustments and/or eliminations plats
must contain a statement accurately describing the purpose of the lot line adjustments
and/or eliminations.
C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon
the findings that:
1. The lot line adjustment and/or elimination plat is in accordance with all applicable
town ordinances, standards, and the original conditions of plat approval;
2. Nonconformities are not created. In the case of preexisting nonconforming lots, the
nonconformity is not increased with the approval of the lot line adjustments and/or
eliminations plat;
3. The approval will not adversely affect the public health, safety, and welfare;
4. Provisions for adequate access and infrastructure have been demonstrated by the
applicant and are indicated on the proposed lot line adjustments and/or eliminations
plat.
13-14-4: APPEAL OF ADMINISTRATOR'S DECISION:
The administrator's decision may be appealed to the planning and environmental
commission and such appeal shall follow procedures set forth in section 12-3-3 of this code.
13-14-5: FILING AND RECORDING:
The department of community development or applicant will record the plat and any related
covenants with the Eagle County clerk and recorder; however, no plat shall be recorded
unless prior to the time of recording, the applicant provides the town with a certification from
the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such
property(s), for years prior to that year in which approval is granted, have been paid. Fees
for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat
may not be recorded until applicable appeals periods have expired in accordance with the
provisions of subsection 13-3-5C of this title.
October 20, 2020 - Page 134 of 203
Tow n of Vail Page 4
VI. REVIEW CRITERIA
Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that Town Council must
consider for a change to the text of the code. These criteria include the following:
1. The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
The proposed new subdivision section improves customer service while maintaining the
integrity of the subdivision and development standards. This addition furthers the general
and specific purposes of the zoning regulations as follows:
Section 12-1-2 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.
Section 12-1-2 B
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
5. To conserve and maintain established community qualities and economic values.
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds this criterion to be 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 is compatible with the development objectives of the town
and speaks to the customer service expectations of the community. The following are
relevant goals of the Town’s Comprehensive Plan that are supported by the new section:
Vail Land Use Plan:
• Goal 1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
• Goal 1.3. The quality of development should be maintained and upgraded
whenever possible.
October 20, 2020 - Page 135 of 203
Tow n of Vail Page 5
Staff finds this criterion to be met.
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
The Planning and Environmental Commission and the Community Development Department
have recognized an opportunity to increase customer service while maintaining the integrity
of the subdivision and development standards over the past two to three years. The lack of
an administrative option for the review of these type of applications appears to be an
oversight. The scope of projects falling under the proposed section are consistent with other
existing administrative reviews.
Staff finds this criterion to be 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 amendment preserves a harmonious, convenient, and workable relationship among
land uses consistent with municipal objectives by maintaining the integrity of the subdivision
and development standards while improving customer service.
As a result, staff finds this criterion to be met.
5. Such other factors and criteria the planning and environmental commission and/or
council deem applicable to the proposed text amendment.
VI. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No.14, Series of 2020, upon
first reading, the Community Development Department recommends the Council pass the
following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 14, Series of 2020, an
ordinance to add Section 13-14, Administrative Lot Line Adjustment and Elimination
Procedures, Vail Town Code, to add an administrative procedure for the adjustment or
elimination of lot lines between existing platted lots, and setting forth details in regard
thereto.”
Should the Vail Town Council choose to approve Ordinance No. 14 Series of 2020, the
Community Development Department recommends the Council make the following findings:
“Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum
October 20, 2020 - Page 136 of 203
Tow n of Vail Page 6
to the Planning and Environmental Commission dated September 28, 2020 and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of
the town and promote the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.”
VII. ATTACHMENTS
A. Ordinance No. 14, Series of 2020
B. Staff Memorandum, PEC20-0019, September 28, 2020
C. PEC Minutes, September 28, 2020
October 20, 2020 - Page 137 of 203
ORDINANCE NO. 14
Series of 2020
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADD SECTION 13-14,
ADMINISTRATIVE LOT LINE ADJUSTMENT AND ELIMINATION PROCEDURES,
VAIL TOWN CODE, TO ADD AN ADMINISTRATIVE PROCEDURE FOR THE
ADJUSTMENT OR ELIMINATION OF LOT LINES BETWEEN EXISTING PLATTED
LOTS, AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly
noticed public hearing on the proposed amendment on September 28, 2020 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the PEC recommended approval of the proposed amendment at its
September 28, 2020 meeting, and has submitted its recommendation to the Town
Council;
WHEREAS, the Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 13, Subdivision regulations, is hereby amended include a new section,
13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code,
as follows:
Chapter 14
ADMINISTRATIVE LOT LINE ADJUSTMENTS AND
ELIMINATIONS
October 20, 2020 - Page 138 of 203
13-14-1: PURPOSE AND INTENT:
13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW:
13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR
REVIEW:
13-14-4: APPEAL OF ADMINISTRATOR'S DECISION:
13-14-5: FILING AND RECORDING:
13-14-1: PURPOSE AND INTENT:
The purpose of this chapter is to establish criteria and an appropriate review
process whereby the administrator may approve lot line adjustments and/or
eliminations to previously approved plats. This process is intended to allow for the
administrative review of adjustments or eliminations of existing lot lines where no
"subdivision" occurs and conformance with applicable provisions of this code has
been demonstrated.
13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW:
Prior to the submittal of a lot line adjustments and/or elimination requests, the
applicant shall meet with the administrator to determine if the request is consistent
with the lot line adjustments and/or eliminations criteria outlined in section 13-14-
3 of this chapter. If the administrator determines the subject application would
circumvent significant and relevant elements of the subdivision review process
and/or is inconsistent with relevant standards of Title 12, Zoning Regulations, the
application shall be reviewed pursuant to the "subdivision" or "exemption plat"
review processes outlined in this title.
13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR
REVIEW:
A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit
the proposal following the requirements for a final plat in subsection 13-3-6B of
this title, with the provision that certain requirements may be waived by the
administrator if determined to be not applicable to the project.
B. Plat Procedure: Upon receiving a complete submittal with payment of applicable
fee, the administrator shall route the proposed plat to appropriate town staff
and outside agencies. The administrator shall sign the plat if approved, require
modifications on the plat for approval, or deny approval due to inconsistencies
with the required findings for approval, or failure to make other required
modifications. Lot line adjustments and/or eliminations plats must contain a
statement accurately describing the purpose of the lot line adjustments and/or
eliminations.
C. Criteria for Review: A lot line adjustment and/or elimination plat may be
approved upon the findings that:
October 20, 2020 - Page 139 of 203
1. The lot line adjustment and/or elimination plat is in accordance with all
applicable town ordinances, standards, and the original conditions of plat
approval;
2. Nonconformities are not created. In the case of preexisting nonconforming
lots, the nonconformity is not increased with the approval of the lot line
adjustments and/or eliminations plat;
3. The approval will not adversely affect the public health, safety, and
welfare;
4. Provisions for adequate access and infrastructure have been
demonstrated by the applicant and are indicated on the proposed lot line
adjustments and/or eliminations plat.
13-14-4: APPEAL OF ADMINISTRATOR'S DECISION:
The administrator's decision may be appealed to the planning and environmental
commission and such appeal shall follow procedures set forth in section 12-3-3 of
this code.
13-14-5: FILING AND RECORDING:
The department of community development or applicant will record the plat and
any related covenants with the Eagle County clerk and recorder; however, no plat
shall be recorded unless prior to the time of recording, the applicant provides the
town with a certification from the Eagle County treasurer's office indicating that all
ad valorem taxes applicable to such property(s), for years prior to that year in which
approval is granted, have been paid. Fees for recording shall be paid by the
applicant. A lot line adjustments and/or eliminations plat may not be recorded until
applicable appeals periods have expired in accordance with the provisions of
subsection 13-3-5C of this title.
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 amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
October 20, 2020 - Page 140 of 203
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 2020, and
a public hearing for second reading of this Ordinance set for the 3rd day of November,
2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of November, 2020.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 141 of 203
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 28, 2020
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to add Section 13-14, Administrative Lot Line Adjustment and Elimination
Procedures, Vail Town Code, to add an administrative procedure for the
adjustment or elimination of lot lines between existing platted lots, and setting
forth details in regard thereto. (PEC20-0019)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The Town of Vail Community Development Department is requesting a
recommendation to the Vail Town Council for a Prescribed Regulation Amendment
pursuant to Section 12-3-7 Amendment, Vail Town Code to addSection 13-14,
Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code,
adding an administrative procedure for the adjustment or elimination of lot lines between
existing platted lots.
Based upon staff’s review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval to the Vail Town Council for the proposed Prescribed Regulations
Amendment.
II. DESCRIPTION OF REQUEST
This is a request for a recommendation to the Vail Town Council to add Section 13-14,
Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code,
adding an administrative procedure for the adjustment or elimination of lot lines between
existing platted lots. The proposed new section would allow administrative review,
where appropriate, for amendments to existing plats where compliance with
development standards is maintained.
Please see Section IV of the report for language of the proposed new section.
October 20, 2020 - Page 142 of 203
Town of Vail Page 2
III. BACKGROUND
Currently the Planning and Environmental Commission reviews applications for the
adjustment or elimination of lot lines between existing platted lots as a Minor Subdivision.
This type of review generally occurs three of four times each year. The Community
Development Department and the Planning and Environmental Commission have
expressed agreement that this public review has been unnecessary and did not add
value, as a review for compliance with relevant standards had already occurred.
Administrative review of plats currently occurs and involves departments within the town
in addition to outside agencies (Fire, Public Works, Utilities, Etc.) This amendment allows
staff to refer an application to the Commission if the project is in any way not in
compliance with development or subdivision standards.
IV. PROPOSED TEXT AMENDMENT
The new section is shown below:
Chapter 14
ADMINISTRATIVE LOT LINE ADJUSTMENTS AND
ELIMINATIONS
13-14-1: PURPOSE AND INTENT:
13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW:
13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR
REVIEW:
13-14-4: APPEAL OF ADMINISTRATOR'S DECISION:
13-14-5: FILING AND RECORDING:
13-14-1: PURPOSE AND INTENT:
The purpose of this chapter is to establish criteria and an appropriate review process
whereby the administrator may approve lot line adjustments and/or eliminations to
previously approved plats. This process is intended to allow for the administrative
review of adjustments or eliminations of existing lot lines where no "subdivision" occurs
and conformance with applicable provisions of this code has been demonstrated.
13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW:
Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant
shall meet with the administrator to determine if the request is consistent with the lot line
adjustments and/or eliminations criteria outlined in section 13-14-3 of this chapter. If the
administrator determines the subject application would circumvent significant and
relevant elements of the subdivision review process and/or is inconsistent with relevant
October 20, 2020 - Page 143 of 203
Town of Vail Page 3
standards of Title 12, Zoning Regulations, the application shall be reviewed pursuant to
the "subdivision" or "exemption plat" review processes outlined in this title.
13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR
REVIEW:
A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the
proposal following the requirements for a final plat in subsection 13-3-6B of this title,
with the provision that certain requirements may be waived by the administrator if
determined to be not applicable to the project.
B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee,
the administrator shall route the proposed plat to appropriate town staff and outside
agencies. The administrator shall sign the plat if approved, require modifications on
the plat for approval, or deny approval due to inconsistencies with the required
findings for approval, or failure to make other required modifications. Lot line
adjustments and/or eliminations plats must contain a statement accurately
describing the purpose of the lot line adjustments and/or eliminations.
C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved
upon the findings that:
1. The lot line adjustment and/or elimination plat is in accordance with all
applicable town ordinances, standards, and the original conditions of plat
approval;
2. Nonconformities are not created. In the case of preexisting nonconforming
lots, the nonconformity is not increased with the approval of the lot line
adjustments and/or eliminations plat;
3. The approval will not adversely affect the public health, safety, and welfare;
4. Provisions for adequate access and infrastructure have been demonstrated by
the applicant and are indicated on the proposed lot line adjustments and/or
eliminations plat.
13-14-4: APPEAL OF ADMINISTRATOR'S DECISION:
The administrator's decision may be appealed to the planning and environmental
commission and such appeal shall follow procedures set forth in section 12-3-3 of this
code.
13-14-5: FILING AND RECORDING:
The department of community development or applicant will record the plat and any
related covenants with the Eagle County clerk and recorder; however, no plat shall be
recorded unless prior to the time of recording, the applicant provides the town with a
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Town of Vail Page 4
certification from the Eagle County treasurer's office indicating that all ad valorem taxes
applicable to such property(s), for years prior to that year in which approval is granted,
have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments
and/or eliminations plat may not be recorded until applicable appeals periods have
expired in accordance with the provisions of subsection 13-3-5C of this title.
V. APPLICABLE PLANNING DOCUMENTS
Title 12 – Zoning Regulations, Vail Town Code
Section 3-7 Amendment (in part)
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
districts shown on the official zoning map may be amended or repealed by the town
council in accordance with the procedures prescribed in this chapter.
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.
VI. REVIEW CRITERIA
Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning
and Environmental Commission must consider before making a recommendation for a
change to the text of the code. These criteria include the following:
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
October 20, 2020 - Page 145 of 203
Town of Vail Page 5
The proposed new subdivision section improves customer service while maintaining the
integrity of the subdivision and development standards. This addition furthers the
general and specific purposes of the zoning regulations as follows:
Section 12-1-2 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.
Section 12-1-2 B
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
5. To conserve and maintain established community qualities and economic values.
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds this criterion to be 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 is compatible with the development objectives of the town
and speaks to the customer service expectations of the community. The following are
relevant goals of the Town’s Comprehensive Plan that are supported by the new section:
Vail Land Use Plan:
• Goal 1.1. Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
• Goal 1.3. The quality of development should be maintained and upgraded
whenever possible.
Staff finds this criterion to be met.
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
October 20, 2020 - Page 146 of 203
Town of Vail Page 6
The Planning and Environmental Commission and the Community Development
Department have recognized an opportunity to increase customer service while
maintaining the integrity of the subdivision and development standards over the past
two to three years. The lack of an administrative option for the review of these type of
applications appears to be an oversight. The scope of projects falling under the
proposed section are consistent with other existing administrative reviews.
Staff finds this criterion to be 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 amendment preserves a harmonious, convenient, and workable relationship among
land uses consistent with municipal objectives by maintaining the integrity of the
subdivision and development standards while improving customer service.
As a result, staff finds this criterion to be met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
Based upon the analysis of the review criteria contained in Section VI of this
memorandum and on the evidence and testimony presented, the Community
Development Department recommends that the Planning and Environmental
Commission make a recommendation to the Vail Town Council to approve a
Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to add Section 13-14, Administrative Lot Line Adjustment and Elimination
Procedures, Vail Town Code, to add an administrative procedure for the adjustment or
elimination of lot lines between existing platted lots, and setting forth details in regard
thereto. (PEC20-0019).
If the Planning and Environmental Commission chooses to recommend approval of the
proposed text amendment, the Community Development Department recommends the
following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a Prescribed Regulation Amendment
pursuant to Section 12-3-7 Amendment, Vail Town Code to add Section 13-14,
Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code,
to add an administrative procedure for the adjustment or elimination of lot lines
between existing platted lots, 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
October 20, 2020 - Page 147 of 203
Town of Vail Page 7
Regulation Amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of the Community
Development Department memorandum dated September 28, 2020 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; 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.
October 20, 2020 - Page 148 of 203
P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
September 28, 2020, 1:00 P M
Virtual
75 S. F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_t2-dEk2D T0uC R2X Vyxa2Xg
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2.Attendance
Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry
Pratt, J ohn-Ryan Lockman
Absent: Pete Seibert
2.Main Agenda
2.1.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to add Section 13-14, Administrative Lot Line Adjustment and
Elimination Procedures, Vail Town Code, to add an administrative procedure
for the adjustment or elimination of lot lines between existing platted lots, and
setting forth details in regard thereto.. (P E C20-0019)
30 min.
Applicant:Town of Vail
Planner:J onathan Spence
Planner Spence: I ntroduced the project by discussing the frequency of
these lot line adjustment requests. W hen these are brought to the P E C,
there is generally not a lot more for the P E C to review. The proposed
amendment would not change the actual review process with these requests
still going through Public W orks and E RW S D.
Chairman Kurz: Remembers this topic being discussed with the P E C
before. Did the P E C express interest in making these administrative?
Spence: Yes.
Commissioner Perez: Asked if applicants could still bring the request to the
P E C if they wanted. Has encountered individuals who may have wanted to
appeal a staff decision to the P E C, but the appeal process adds extra time
that an applicant may want to avoid by directly going to the P E C.
Spence: These applications are generally the least controversial items we
bring to the P E C.
Commissioner Gillette: Asked about a possible example of these
applications.
October 20, 2020 - Page 149 of 203
Spence: Clarified that these applications are generally for small adjustments
to the way lot lines are drawn. Typically, the owner is the same for both
properties on the line.
Gillette: Asked if the appeal process is the same for these as it is for other
administrative procedures.
Spence: Yes.
Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the
motion and it passed (6-0).
Absent:(1)Seibert
2.2.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to replace Section 12-6I -8 Parking and Loading, Vail Town Code,
with a new section, Section 12-6I -8 Mobility, to address mobility needs of
residents in the Housing (H) Zone District, and setting forth details in regard
thereto.. (P E C20-0021)
60 min.
Applicant:Town of Vail
Planner:J onathan Spence
1. The proposed language shall be modified to remove a reference to
bikes in the criteria section.
2. The proposed language shall be modified to include a reference to the
parking requirements of Chapter 10 as a baseline.
Planner Spence: Explained that the Town Council had directed staff to look
into alternative methods to the parking requirement in the Housing district.
The resulting revised language shifts focus away from vehicle parking but
involves a more in-depth analysis into the mobility options for housing
projects. Spence then addressed some existing housing district projects as
examples. Stated that the management plans of parking and mobility is the
greatest indicator of success for these projects. Comment was received
from the Vail Local Housing Authority.
Kurz: W e also had some comment from the Fire Department. Have his
comments been addressed in this proposal?
Spence: F D had concerns about existing developments and a concern
related to Chamonix development. The Chamonix development met all of the
existing requirements of the Code meaning that the issues there are more of
an enforcement issue.
Kurz: Had a question about local data showing that the Town of Vail is ready
to move away from focusing on vehicle parking.
Spence: No statistical analysis. I n the Housing district the applicants have
always been able to ask for variations from the parking requirement based
on other mobility methods. This proposal isn’t meant to replace requirements
for vehicle parking if that need still exists, it is meant to provide more
flexibility in meeting transportation needs. This proposal does not require
reduced parking. This also provides a better framework for mobility
management plan requirements, criteria, and enforcement.
Gillette: There are different types of employee housing in Vail. Gave the
October 20, 2020 - Page 150 of 203
example of permanent employees vs seasonal ski season employees. The
code requirements aren’t currently able to address this. Management plan
needs to be able to address utility trucks, services vehicles, etc.
Spence: Clarified that the Chamonix development met and exceeded the
parking requirement and still has issues. Argued that this development is an
has similar issues to development in other zone districts related to on street
parking. Doesn’t agree that the existing parking requirements aren’t
necessarily adequate.
Gillette: Remained unconvinced. Felt that other locations also likely want
more parking in their neighborhood.
Kurz: Asked if Pratt had any data on how the parking situation was at the
Sonnenalp?
Commissioner Pratt: Says that it is often visitors parking where they aren’t
supposed to that is the biggest issue there. Seems that the Fire access
issue is related to enforcement.
Kurz: Asked about any additional public input related to this proposal.
Spence: No.
Kurz: Asked about the process for approving this language. Asked Spence
to walk the P E C through the different sections.
Spence: First section addresses background info surrounding the proposed
mobility plan.
Pratt: Asked about the weighting of bikes and bike storage for a town that is
covered in snow for a significant portion of the year. Finds it odd that they
are put on equal footing with car shares and public transit.
Spence: There is no intent to weight any of these options. Staff and P E C
could review these proposals and make a determination about the
appropriateness of proposed bike facilities.
The next section provides general review criteria. This give reviewers more
of a framework to access a mobility plan. The criteria was meant to be fairly
open, no specific standards.
Gillette: A bike share should not be considered a replacement of a parking
space in this town. Bike parking/share is important but shouldn’t replace
other vehicle requirements.
Spence asked if other commissioners were supportive of removing bike
considerations from the criteria, and the commissioners were supportive of
this.
Spence: Discussed the next section related to enforcement.
Pratt: Asked who would be responsible for enforcement.
Spence: Staff would be responsible.
Perez: Asked if there was anyone on staff who was specifically tasked to
enforcement. Otherwise these regulations and others like conditional use
October 20, 2020 - Page 151 of 203
permits are just for show.
Spence: Responded with “no”, but that staff often worked with Code
Enforcement to assist with enforcement. Stated that concerns with specific
projects should be brought up with staff so that staff can be made aware and
react.
Pratt: Understands that the police will not go on private property to enforce
parking standards. W ill this change that?
Spence: Explained what can be enforced on private property and that this
proposal will have no effect on this.
Pratt: Concerned that if a development is not meeting parking needs that
they will not be able to correct the issue because the development is already
constructed by that point.
Spence: Agreed with this sentiment but did not see a clear way around that
issue.
Gillette: Suggested a survey to be distributed to current Vail districts to get
an understanding of existing parking and mobility needs.
Spence: Expressed that most people are likely to say that they want more
parking, but the town needs to consider the tradeoff of additional parking for
less housing.
Gillette: Thinks that the survey could be designed to better find that balance.
The survey would be more in depth than simply asking if more parking is
needed.
Spence: Stated that staff could do this. Staff has already talked to the
management of several housing district projects.
Kurz: Feels that this plan is moving in the right direction, but more
discussion is needed to iron out details. Asked to elaborate on the reporting
requirements.
Spence: The reporting data give staff, P E C, management information on the
type of residents in these developments and what their mobility needs are.
Spence: Continued by discussing the enforcement procedures. Compared
this to conditional use permits where if issues arise, the applicant will have to
return to the P E C with an updated proposal.
Gillette: Noticed that the electric bikes around town were near some housing
development and asked if that was by design.
Spence: Stated that Beth Markham with the town’s Environmental
department would be the best person to ask.
Commissioner Lockman: Can the town help drive strategies to address
underutilized parking?
Spence: Stated that generally the housing district does not have this issue.
Pratt: Thinks that the added flexibility is good and likes that the additional
October 20, 2020 - Page 152 of 203
framework gives the P E C something more to work with rather than just
evaluating a request made by the applicant.
Gillette: One concern is that there is no baseline requirement.
Spence: Staff did previously write a version of this with a minimum parking
requirement of one space per unit. The V L HA opposed this.
Gillette: Thinks that a baseline does need to be in this language. Applicants
have to start somewhere.
There then followed a short discussion on the idea of including a baseline
and the existing housing developments in town. The P E C was generally
supportive of a baseline.
Gillette: Also still feels that a survey of the public in the housing district is
needed to move forward with this proposal. Suggested some example
questions like “How much would you pay for a parking space?”, “Are you
interested in a vehicle share program”, etc.
Spence and Kjesbo stated that they still felt that the town already knows how
these questions will be answered. These regulations are aimed at developers
more than tenants.
Perez: Sees both points and thinks that the survey is helpful to understand
the market desire in town.
Public Comment opened
Steve Lindstrom (V LHA): This proposal was discussed at the most recent
V L HA meeting and is a topic they have been interested in for a while. They
have seen a wide variety of parking and mobility proposals over time.
Discussed examples of First Chair and Chamonix that both have very
different needs and outcomes. This would allow the developer to propose
their parking solution to the P E C. I t would allow the P E C to review these
proposals from the resident and developer needs rather than starting with the
car and working backwards. Stated that a parking space is close to the cost
of an apartment unit. Thinks it is better to start with a mobility proposal and
move towards more parking if needed, rather than working in the reverse
direction.
Rollie Kjesbo moved to recommend approval with conditions. Henry Pratt
seconded the motion and it passed (5-1).
Ayes:(5)Kjesbo, Kurz, Lockman, Perez, Pratt
Nays:(1)Gillette
Absent:(1)Seibert
2.3.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-9A-10 Amendment Procedures, Vail Town
Code, to change the notification requirements for a Minor Amendment to an
S D D, and setting forth details in regard thereto. (P E C20-0018)
30 min.
Applicant:Town of Vail
Planner:Greg Roy
Planner Roy: I ntroduced the proposal by discussing the review and
October 20, 2020 - Page 153 of 203
notification requirements currently for minor S D D amendments. The current
language has notification sent out to all neighbors saying that the review is
occurring. The proposal would make it so that this notice would let neighbors
know what the staff decision was. This is in line with how we handle other
staff-level P E C items.
Gillette: Asked about Mr. Mauriello’ s comments.
Roy: Talked about how these comments were considered.
Spence: Stated that minor amendments have fairly specific standards and
parameters for review.
Roy: Elaborated by mentioning that minor S D D amendments include things
like changes to landscaping and <5% changes in building footprints.
Kjesbo: Agrees that major amendments cannot be noticed in this way, they
are potentially too significant of a change.
Pratt: Stated that noticing for major amendments to notice all residents in an
S D D is difficult. Appropriate for a major amendment but likely not for a
minor one.
No public comment.
Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the
motion and it passed (6-0).
Absent:(1)Seibert
2.4.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-
6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in
Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting
forth details in regard thereto. (P E C20-0027)
The applicant has requested this item be tabled to October 12, 2020.
5 min.
Applicant:Town of Vail, represented by George Ruther
Planner:
Rollie Kjesbo moved to table to October 12, 2020. Brian Gillette seconded
the motion and it passed (6-0).
Absent:(1)Seibert
3.Approval of Minutes
3.1.September 14, 2020 P E C Meeting Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Absent:(1)Seibert
4.Adjournment
October 20, 2020 - Page 154 of 203
Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it
passed (6-0).
Absent:(1)Seibert
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
October 20, 2020 - Page 155 of 203
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 15, Series of 2020, 1st Reading, Ordinance Amending Title 12,
Zoning Regulations, Vail Town Code, P ursuant to Section 12-3-7, A mendment, Amending Section
12-9A-10 Amendment P rocedures and Setting Forth Details in Regard Thereto
P RE S E NT E R(S ): Greg Roy, Planner
AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 15, S eries of 2020, upon first reading.
B AC K G RO UND: The Special Development District process was enacted in 1988 with
Ordinance No. 21, S eries of 1988. I t created the existing S D D language which is further being
refined with this amendment. A Minor Amendment is an amendment to an S D D that falls within
certain guidelines that is able to be approved at a staff level. The proposed changes would make
the notification process for this the same as what is currently used in other areas of the code, such
as notification for development in the C C1 or L MU-1 zone districts or administrative appeals.
S TAF F RE C O M M E ND AT IO N: On S eptember 28, 2020 the Planning and Environmental
Commission forwarded a recommendation of approval (6-0) to the Vail Town Council for a
prescribed regulation amendment, pursuant to Section 12-3-7, A mendment, Vail Town Code.
AT TAC H ME N TS:
Description
Staff Memorandum Ordinance No. 15 Series of 2020 (S D D Minor Amend)
Attachment A. Ordinance No. 15 Series of 2020 Amendment Procedures
Attachment B. Minutes from P E C Meeting on September 28
Attachment C. Staff Memorandum to P E C, September 28, 2020
Attachment D. Public Comment - Mauriello 9-25-2020
October 20, 2020 - Page 156 of 203
TO: Vail Town Council
FROM: Community Development Department
DATE: October 20, 2020
SUBJECT: First Reading of Ordinance No. 15, Series of 2020 an ordinance for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to amend Section 12-9A-10 Amendment Procedures, Vail Town Code, to change
the notification requirements for a Minor Amendment to an SDD, and setting forth
details in regard thereto. (PEC20-0018)
Applicant: Town of Vail
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, is requesting approval of Ordinance No. 15, Series of 2020
an ordinance to change the notification requirements for a Minor Amendment to a Special
Development District (SDD) on first reading.
The Planning and Environmental Commission held a public hearing on the proposed
Prescribed Regulation Amendment on September 28, 2020 and recommended approval
with a vote of 6-0 (Seibert absent).
II. DESCRIPTION OF REQUEST
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
15, Series of 2020, upon first reading.
III. BACKGROUND
The Special Development District process was enacted in 1988 with Ordinance No. 21,
Series of 1988. It created the existing SDD language which is further being refined with
this amendment. A Minor Amendment is an amendment to an SDD that falls within certain
guidelines that is able to be approved at a staff level. A Minor Amendment is defined as
follows:
October 20, 2020 - Page 157 of 203
Town of Vail Page 2
“MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or
landscape plans that do not alter the basic intent and character of the approved special
development district and are consistent with the design criteria of this article. Minor
amendments may include, but not be limited to, variations of not more than five feet (5') to
approved setbacks and/or building footprints; changes to landscape or site plans that do
not adversely impact pedestrian or vehicular circulation throughout the special
development district; or changes to gross floor area (excluding residential uses) of not
more than five percent (5%) of the approved square footage of retail, office, common
areas and other nonresidential floor area, except as provided under section 12 -15-4,
"Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250
Ordinance)", of this title.”
The proposed changes would make the notification process for this the same as what is
currently used in other areas of the code, such as notification for development in the CC1
or LMU-1 zone districts or administrative appeals.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is bold. Sections of text that are not amended have been omitted.):
12-9A-10: AMENDMENT PROCEDURES
A. Minor Amendments:
2. Notification of a proposed minor amendment, and a report of staff action of said
request, shall be provided to all property owners within and adjacent to the special
development district that may be affected by the amendment. Provided, however,
notification of owners within a condominium project shall be satisfied by
notifying the managing agent, or the registered agent of the condominium
project, or any member of the board of directors of a condominium association.
Affected properties shall be as determined by the department of community
development. Notifications shall be postmarked no later than five (5) days following staff
action on the amendment request and shall include a brief statement describing the
amendment and the time and date of when the planning and environmental commission
will be informed of the administrative action. In all cases the report to the planning and
environmental commission shall be made within twenty (20) days from the date of the
staff's decision on the requested amendment.
RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 15, Series of 2020, upon first
reading, the Planning and Environmental Commission recommends the Council pass the
following motion:
October 20, 2020 - Page 158 of 203
Town of Vail Page 3
"The Vail Town Council approves, on first reading, Ordinance No. 15, Series of 2020 an
ordinance for a prescribed regulation amendment, pursuant to Section 12 -3-7,
Amendment, Vail Town Code, to amend Section 12-9A-10 Amendment Procedures, Vail
Town Code, to change the notification requirements for a Minor Amendment to an SDD,
and setting forth details in regard thereto. (PEC20-0018)”
Should the Town Council choose to approve, on first reading, Ordinance No. 15, Series of
2020, the Planning and Environmental Commission recommends the Council make the
following findings:
“Based upon a review of Section VII of the September 28, 2020 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
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."
V. Attachments
A. Ordinance No. 15, Series of 2020
B. Minutes from PEC meeting on September 28, 2020
C. Staff memorandum to the PEC, September 28, 2020
D. Public Comment – Mauriello 9-25-2020
October 20, 2020 - Page 159 of 203
ORDINANCE NO. 15
SERIES OF 2020
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTION 12-9A-10
AMENDMENT PROCEDURES: AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Planning and Environmental Commission (the “PEC”) held a
properly noticed public hearing on the proposed amendment on September 28, 2020 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the PEC recommended approval of the proposed amendment at its
September 28, 2020 meeting, and has submitted its recommendation to the Town
Council;
WHEREAS, the Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-9A-10, Vail Town Code, Amendment Procedures, is hereby
amended to read as follows:
12-9A-10 AMENDMENT PROCEDURES:
A. Minor Amendments:
2. Notification of a proposed minor amendment, and a report of staff action of said request,
shall be provided to all property owners within and adjacent to the special development district
that may be affected by the amendment. Provided, however, notification of owners within a
condominium project shall be satisfied by notifying the managing agent, or the registered
agent of the condominium project, or any member of the board of directors of a
condominium association. Affected properties shall be as determined by the department of
October 20, 2020 - Page 160 of 203
community development. Notifications shall be postmarked no later than five (5) days following
staff action on the amendment request and shall include a brief statement describing the
amendment and the time and date of when the planning and environmental commission will be
informed of the administrative action. In all cases the report to the planning and environmental
commission shall be made within twenty (20) days from the date of the staff's decision on the
requested amendment.
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 amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 2020, and
a public hearing for second reading of this Ordinance set for the 3rd day of November,
2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of November, 2020.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
October 20, 2020 - Page 161 of 203
____________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 162 of 203
P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
September 28, 2020, 1:00 P M
Virtual
75 S. F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_t2-dEk2D T0uC R2X Vyxa2Xg
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2.Attendance
Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry
Pratt, J ohn-Ryan Lockman
Absent: Pete Seibert
2.Main Agenda
2.1.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to add Section 13-14, Administrative Lot Line Adjustment and
Elimination Procedures, Vail Town Code, to add an administrative procedure
for the adjustment or elimination of lot lines between existing platted lots, and
setting forth details in regard thereto.. (P E C20-0019)
30 min.
Applicant:Town of Vail
Planner:J onathan Spence
Planner Spence: I ntroduced the project by discussing the frequency of
these lot line adjustment requests. W hen these are brought to the P E C,
there is generally not a lot more for the P E C to review. The proposed
amendment would not change the actual review process with these requests
still going through Public W orks and E RW S D.
Chairman Kurz: Remembers this topic being discussed with the P E C
before. Did the P E C express interest in making these administrative?
Spence: Yes.
Commissioner Perez: Asked if applicants could still bring the request to the
P E C if they wanted. Has encountered individuals who may have wanted to
appeal a staff decision to the P E C, but the appeal process adds extra time
that an applicant may want to avoid by directly going to the P E C.
Spence: These applications are generally the least controversial items we
bring to the P E C.
Commissioner Gillette: Asked about a possible example of these
applications.
October 20, 2020 - Page 163 of 203
Spence: Clarified that these applications are generally for small adjustments
to the way lot lines are drawn. Typically, the owner is the same for both
properties on the line.
Gillette: Asked if the appeal process is the same for these as it is for other
administrative procedures.
Spence: Yes.
Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the
motion and it passed (6-0).
Absent:(1)Seibert
2.2.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to replace Section 12-6I -8 Parking and Loading, Vail Town Code,
with a new section, Section 12-6I -8 Mobility, to address mobility needs of
residents in the Housing (H) Zone District, and setting forth details in regard
thereto.. (P E C20-0021)
60 min.
Applicant:Town of Vail
Planner:J onathan Spence
1. The proposed language shall be modified to remove a reference to
bikes in the criteria section.
2. The proposed language shall be modified to include a reference to the
parking requirements of Chapter 10 as a baseline.
Planner Spence: Explained that the Town Council had directed staff to look
into alternative methods to the parking requirement in the Housing district.
The resulting revised language shifts focus away from vehicle parking but
involves a more in-depth analysis into the mobility options for housing
projects. Spence then addressed some existing housing district projects as
examples. Stated that the management plans of parking and mobility is the
greatest indicator of success for these projects. Comment was received
from the Vail Local Housing Authority.
Kurz: W e also had some comment from the Fire Department. Have his
comments been addressed in this proposal?
Spence: F D had concerns about existing developments and a concern
related to Chamonix development. The Chamonix development met all of the
existing requirements of the Code meaning that the issues there are more of
an enforcement issue.
Kurz: Had a question about local data showing that the Town of Vail is ready
to move away from focusing on vehicle parking.
Spence: No statistical analysis. I n the Housing district the applicants have
always been able to ask for variations from the parking requirement based
on other mobility methods. This proposal isn’t meant to replace requirements
for vehicle parking if that need still exists, it is meant to provide more
flexibility in meeting transportation needs. This proposal does not require
reduced parking. This also provides a better framework for mobility
management plan requirements, criteria, and enforcement.
Gillette: There are different types of employee housing in Vail. Gave the
October 20, 2020 - Page 164 of 203
example of permanent employees vs seasonal ski season employees. The
code requirements aren’t currently able to address this. Management plan
needs to be able to address utility trucks, services vehicles, etc.
Spence: Clarified that the Chamonix development met and exceeded the
parking requirement and still has issues. Argued that this development is an
has similar issues to development in other zone districts related to on street
parking. Doesn’t agree that the existing parking requirements aren’t
necessarily adequate.
Gillette: Remained unconvinced. Felt that other locations also likely want
more parking in their neighborhood.
Kurz: Asked if Pratt had any data on how the parking situation was at the
Sonnenalp?
Commissioner Pratt: Says that it is often visitors parking where they aren’t
supposed to that is the biggest issue there. Seems that the Fire access
issue is related to enforcement.
Kurz: Asked about any additional public input related to this proposal.
Spence: No.
Kurz: Asked about the process for approving this language. Asked Spence
to walk the P E C through the different sections.
Spence: First section addresses background info surrounding the proposed
mobility plan.
Pratt: Asked about the weighting of bikes and bike storage for a town that is
covered in snow for a significant portion of the year. Finds it odd that they
are put on equal footing with car shares and public transit.
Spence: There is no intent to weight any of these options. Staff and P E C
could review these proposals and make a determination about the
appropriateness of proposed bike facilities.
The next section provides general review criteria. This give reviewers more
of a framework to access a mobility plan. The criteria was meant to be fairly
open, no specific standards.
Gillette: A bike share should not be considered a replacement of a parking
space in this town. Bike parking/share is important but shouldn’t replace
other vehicle requirements.
Spence asked if other commissioners were supportive of removing bike
considerations from the criteria, and the commissioners were supportive of
this.
Spence: Discussed the next section related to enforcement.
Pratt: Asked who would be responsible for enforcement.
Spence: Staff would be responsible.
Perez: Asked if there was anyone on staff who was specifically tasked to
enforcement. Otherwise these regulations and others like conditional use
October 20, 2020 - Page 165 of 203
permits are just for show.
Spence: Responded with “no”, but that staff often worked with Code
Enforcement to assist with enforcement. Stated that concerns with specific
projects should be brought up with staff so that staff can be made aware and
react.
Pratt: Understands that the police will not go on private property to enforce
parking standards. W ill this change that?
Spence: Explained what can be enforced on private property and that this
proposal will have no effect on this.
Pratt: Concerned that if a development is not meeting parking needs that
they will not be able to correct the issue because the development is already
constructed by that point.
Spence: Agreed with this sentiment but did not see a clear way around that
issue.
Gillette: Suggested a survey to be distributed to current Vail districts to get
an understanding of existing parking and mobility needs.
Spence: Expressed that most people are likely to say that they want more
parking, but the town needs to consider the tradeoff of additional parking for
less housing.
Gillette: Thinks that the survey could be designed to better find that balance.
The survey would be more in depth than simply asking if more parking is
needed.
Spence: Stated that staff could do this. Staff has already talked to the
management of several housing district projects.
Kurz: Feels that this plan is moving in the right direction, but more
discussion is needed to iron out details. Asked to elaborate on the reporting
requirements.
Spence: The reporting data give staff, P E C, management information on the
type of residents in these developments and what their mobility needs are.
Spence: Continued by discussing the enforcement procedures. Compared
this to conditional use permits where if issues arise, the applicant will have to
return to the P E C with an updated proposal.
Gillette: Noticed that the electric bikes around town were near some housing
development and asked if that was by design.
Spence: Stated that Beth Markham with the town’s Environmental
department would be the best person to ask.
Commissioner Lockman: Can the town help drive strategies to address
underutilized parking?
Spence: Stated that generally the housing district does not have this issue.
Pratt: Thinks that the added flexibility is good and likes that the additional
October 20, 2020 - Page 166 of 203
framework gives the P E C something more to work with rather than just
evaluating a request made by the applicant.
Gillette: One concern is that there is no baseline requirement.
Spence: Staff did previously write a version of this with a minimum parking
requirement of one space per unit. The V L HA opposed this.
Gillette: Thinks that a baseline does need to be in this language. Applicants
have to start somewhere.
There then followed a short discussion on the idea of including a baseline
and the existing housing developments in town. The P E C was generally
supportive of a baseline.
Gillette: Also still feels that a survey of the public in the housing district is
needed to move forward with this proposal. Suggested some example
questions like “How much would you pay for a parking space?”, “Are you
interested in a vehicle share program”, etc.
Spence and Kjesbo stated that they still felt that the town already knows how
these questions will be answered. These regulations are aimed at developers
more than tenants.
Perez: Sees both points and thinks that the survey is helpful to understand
the market desire in town.
Public Comment opened
Steve Lindstrom (V LHA): This proposal was discussed at the most recent
V L HA meeting and is a topic they have been interested in for a while. They
have seen a wide variety of parking and mobility proposals over time.
Discussed examples of First Chair and Chamonix that both have very
different needs and outcomes. This would allow the developer to propose
their parking solution to the P E C. I t would allow the P E C to review these
proposals from the resident and developer needs rather than starting with the
car and working backwards. Stated that a parking space is close to the cost
of an apartment unit. Thinks it is better to start with a mobility proposal and
move towards more parking if needed, rather than working in the reverse
direction.
Rollie Kjesbo moved to recommend approval with conditions. Henry Pratt
seconded the motion and it passed (5-1).
Ayes:(5)Kjesbo, Kurz, Lockman, Perez, Pratt
Nays:(1)Gillette
Absent:(1)Seibert
2.3.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-9A-10 Amendment Procedures, Vail Town
Code, to change the notification requirements for a Minor Amendment to an
S D D, and setting forth details in regard thereto. (P E C20-0018)
30 min.
Applicant:Town of Vail
Planner:Greg Roy
Planner Roy: I ntroduced the proposal by discussing the review and
October 20, 2020 - Page 167 of 203
notification requirements currently for minor S D D amendments. The current
language has notification sent out to all neighbors saying that the review is
occurring. The proposal would make it so that this notice would let neighbors
know what the staff decision was. This is in line with how we handle other
staff-level P E C items.
Gillette: Asked about Mr. Mauriello’ s comments.
Roy: Talked about how these comments were considered.
Spence: Stated that minor amendments have fairly specific standards and
parameters for review.
Roy: Elaborated by mentioning that minor S D D amendments include things
like changes to landscaping and <5% changes in building footprints.
Kjesbo: Agrees that major amendments cannot be noticed in this way, they
are potentially too significant of a change.
Pratt: Stated that noticing for major amendments to notice all residents in an
S D D is difficult. Appropriate for a major amendment but likely not for a
minor one.
No public comment.
Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the
motion and it passed (6-0).
Absent:(1)Seibert
2.4.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-
6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in
Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting
forth details in regard thereto. (P E C20-0027)
The applicant has requested this item be tabled to October 12, 2020.
5 min.
Applicant:Town of Vail, represented by George Ruther
Planner:
Rollie Kjesbo moved to table to October 12, 2020. Brian Gillette seconded
the motion and it passed (6-0).
Absent:(1)Seibert
3.Approval of Minutes
3.1.September 14, 2020 P E C Meeting Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Absent:(1)Seibert
4.Adjournment
October 20, 2020 - Page 168 of 203
Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it
passed (6-0).
Absent:(1)Seibert
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
October 20, 2020 - Page 169 of 203
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 28, 2020
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to amend Section 12-9A-10 Amendment Procedures, Vail Town Code, to change
the notification requirements for a Minor Amendment to an SDD, and setting forth
details in regard thereto. (PEC20-0018)
Applicant: Town of Vail
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, is proposing to update the Vail Town Code to change the
notification requirements for a Minor Amendment to an Special Development District
(SDD).
II. DESCRIPTION OF REQUEST
The Applicant is requesting a recommendation of approval to the Vail Town Council for a
prescribed regulation amendment pursuant to Section 12 -3-7 Amendment, Vail Town
Code to amend Section 12-9A-10 Amendment Procedures, Vail Town Code, to change
the notification requirements for a Minor Amendment to an SDD by allowing noticing for
condominium projects to be satisfied by notifying the managing agency, and setting forth
details in regard thereto. (PEC20-0018)
III. BACKGROUND
The Special Development District process was enacted in 1988 with Ordinance No. 21,
Series of 1988. It created the existing SDD language which is further being refined with
this amendment. A Minor Amendment is an amendment to an SDD that falls within certain
guidelines that is able to be approved at a staff level. A Minor Amendment is defined as
follows:
October 20, 2020 - Page 170 of 203
Town of Vail Page 2
“MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or
landscape plans that do not alter the basic intent and character of the approved special
development district and are consistent with the design criteria of this article. Minor
amendments may include, but not be limited to, variations of not more than five feet (5') to
approved setbacks and/or building footprints; changes to landscape or site plans that do
not adversely impact pedestrian or vehicular circulation throughout the special
development district; or changes to gross floor area (excluding residential uses) of not
more than five percent (5%) of the approved square footage of retail, office, common
areas and other nonresidential floor area, except as provided under section 12 -15-4,
"Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250
Ordinance)", of this title.”
The proposed changes would make the notification process for this the same as what is
currently used in other areas of the code, such as notification for development in the CC1
or LMU-1 zone districts or administrative appeals.
As an example, the section on noticing for a CC1 or LMU-1 in accordance with Section
12-3-6 is below (bolded for emphasis):
12-3-6: HEARINGS:
A. Conduct: When required by statute or by this title, hearings before the planning and
environmental commission and the town council shall be conducted in accordance with
the provisions of this chapter.
B. Setting Date: Upon the filing of an application, petition or appea l, the disposition of
which requires a hearing before either the planning and environmental commission or
the town council or both, pursuant to this title, a date for the hearing shall be set which
shall be not more than thirty (30) days from the date of filing of the application or receipt
of the document.
C. Notice:
1. Not less than fifteen (15) days prior to the date set for the hearing before the planning
and environmental commission, the administrator shall cause a copy of the notice to be
published once in a newspaper of general circulation in the town.
2. In addition to the published notice, the administrator shall cause a copy of the notice
to be mailed by first class mail, postage prepaid to the owner or owners of record of the
property which is subject of the hearing and the owner or owners of record of the
property adjacent to the subject property (if the adjacent property is a condominium
project, notice may be mailed to the managing agent, registered agent or any
member of the board of directors thereof), for:
a. Application to change in zone district boundaries;
October 20, 2020 - Page 171 of 203
Town of Vail Page 3
b. Application for a conditional use permit;
c. Application for a variance;
d. Application relating to development plans for special development districts; or
e. Application to change the density control sections of a zone district.
3. The within required notices shall state the time and place of the hearing, name of the
applicant, a general description of the subject property indicating its location (which may
be shown by map), a brief summary of the subject matter of the hearing, and a
statement that the application or information relating to the proposed change or
amendment is available in the administrator's office during regular business hours for
review or inspection by the public.
Similar language is found in Section 12-3-3 Appeals, in part, quoted below (bolded for
emphasis):
“Such notice shall be accompanied by the name and addresses (person's mailing
and property's physical) of the appellant, applicant, property owner, and adjacen t
property owners (the list of property owners within a condominium project
shall be satisfied by listing the addresses for the managing agent or the
board of directors of the condominium association) as well as specific and
articulate reasons for the appeal on forms provided by the town.”
These two examples are taken from sections where noticing is an integral part of the
public process and have functioned as intended with adequate noticing in the past. Since
these sections have shown that noticing can be appropriately done with applications of
this level of review, minor SDD amendments that can be staff reviewed should have the
same level of notification. Staff believes that it is in the interest of consistency among
noticing procedures to change the noticing for minor SDD amendments.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is bold. Sections of text that are not amended have been omitted.):
12-9A-10 A. Minor Amendments:2. Notification of a proposed minor amendment, and a
report of staff action of said request, shall be provided to all property owners within and
adjacent to the special development district that may be affected by the amendment.
Provided, however, notification of owners within a condominium project shall be
satisfied by notifying the managing agent, or the registered agent of the
condominium project, or any member of the board of directors of a condominium
association. Affected properties shall be as determined by the department of
October 20, 2020 - Page 172 of 203
Town of Vail Page 4
community development. Notifications shall be postmarked no later than five (5) days
following staff action on the amendment request and shall include a brief statement
describing the amendment and the time and date of when the planning and
environmental commission will be informed of the administrative action. In all cases the
report to the planning and environmental commission shall be made within twenty (20)
days from the date of the staff's decision on the requested amendment.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
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.
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.
VI. 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
Section 3-7 Amendment (in part)
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
October 20, 2020 - Page 173 of 203
Town of Vail Page 5
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.
Vail Comprehensive Plan
Land Use and Development Goal #3
• Develop a streamlined design review process and include in regulation updates.
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
consistent notification standards in the zoning code.
Staff finds this criterion to be met
October 20, 2020 - Page 174 of 203
Town of Vail Page 6
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 community members with a notification
procedure that is consistent across applications. The clarification of this section will help
better implement and better achieve the adopted goals, objectives and policies in Vail.
Staff finds this criterion to be 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 wording of this section could have been an oversight when it did not include the
possibility of satisfying noticing for condominium projects by notifying the managing
agency. This is the only section that does not have this language. It is also in Section 12 -
3-6 Hearings, that this type of noticing should be the case for an “Application rela ting to
development plans for special development districts”. It is intended to that this type of
noticing be used for applications such as minor SDD amendments but the language does
not match up, which this amendment is proposing to fix.
Staff finds this criterion to be 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
By making the notification process consistent in the zoning code, the proposed text
amendment will 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 this criterion to be met
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
October 20, 2020 - Page 175 of 203
Town of Vail Page 7
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 Vll of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed 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, to amend Section 12-
9A-10 Amendment Procedures, Vail Town Code, to change the notification
requirements for a Minor Amendment to an SDD, and setting forth details in
regard thereto. (PEC20-0018)”
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 VII of the September 28, 2020 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."
October 20, 2020 - Page 176 of 203
1
Greg Roy
From:Dominic Mauriello <dominic@mpgvail.com>
Sent:Friday, September 25, 2020 2:21 PM
To:Greg Roy; Jonathan Spence; Matt Gennett
Cc:Matt Mire; Allison Kent
Subject:Proposed Text Amendment for Minor SDD amendments
Hi Greg:
I noticed the proposed changes being proposed by staff related to Minor SDD notice. I think that it is great that staff is
updating the code where it finds issues with the code language.
I have a couple of comments and questions about the proposed.
1. Why would you limit the change to just the minor amendment process and not also include this change for the
Major Amendment process as well? There have been instances in the past where a notice mistake was made
because the notice requirements for SDD were slightly different than those for any other quasi-judicial
application and it would seem to make sense to update that section as well.
2. It seems cumbersome of have notice provisions for SDDs embedded in that chapter when most people refer to
the administration chapter to understand notice requirements. I’d recommend you move the SDD notice
provisions into the administration chapter so that all notice provisions are consolidated in one place.
Thank you for considering my input and please share with the PEC and Town Council.
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
October 20, 2020 - Page 177 of 203
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 11, S eries of 2020, 2nd Reading - Ordinance A mending Title 12,
Zoning Regulations, Vail Town Code, P ursuant to Section 12-3-7, A mendment, Amending
Section 12-15-2 - G R FA Requirements by Zone District; and Setting Forth Details in Regard
Thereto
P RE S E NT E R(S ): Greg Roy, Planner
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove Ordinance No. 11, Series of 2020, on second
reading.
B AC K G RO UND: Ordinance No 23, Series of 1999, increased the allowable G R FA, but there
was no corresponding change to the table in Section 12-15-2. This ordinance corrects that table to
match the code change.
S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 11, Series of 2020, on second reading
AT TAC H ME N TS:
Description
Ordinance No. 11 Series of 2020 (G R FA Table) Staff Memo - Second Reading
Attachment A. Ordinance No. 11 Series of 2020
Attachment B. Minutes from P E C Meeting on September 14
Attachment C. Staff Memorandum to P E C, September 14, 2020
October 20, 2020 - Page 178 of 203
TO: Vail Town Council
FROM: Community Development Department
DATE: October 20, 2020
SUBJECT: Second Reading of Ordinance No. 11, Series of 2020 an ordinance for a
Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail
Town Code to amend Section 12-15-2 GRFA Requirements by Zone District, Vail
Town Code, to correct the error in the GRFA calculation table for the PA Zone
District, and setting forth details in regard thereto. (PEC20-0020)
Applicant: Town of Vail
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, is requesting approval of Ordinance No. 11, Series of 2020
an ordinance to update the Vail Town Code to correct the GRFA calculation in the table of
Section 12-15-2, to match the correct GRFA number for the PA Zone District.
The Planning and Environmental Commission held a public hearing on the proposed
Prescribed Regulation Amendment on September 14, 2020 and recommended approval
with a vote of 7-0. Town Council approved the Ordinance upon first reading on October 6,
2020 with a vote of 6-1.
II. DESCRIPTION OF REQUEST
The Vail Town Council shall approve, approve with modificat ions, or deny Ordinance No.
11, Series of 2020, upon second reading.
III. BACKGROUND
In Ordinance No. 12, Series of 1978 the PA Zone District listed the allowable GRFA as 80
SF per buildable area. Ordinance No. 23, Series of 1999, increased the allowable GRFA
to 150 SF but there was no corresponding change to the table in Section 12-15-2 that lists
the allowed GRFA for all the zone districts.
October 20, 2020 - Page 179 of 203
Town of Vail Page 2
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be amended in Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is bold.
12-15-2: GRFA Requirements by Zone District;
PA
Public accommodation
0.80 1.50 of buildable area None
V. RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 11, Series of 2020, upon
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
"The Vail Town Council approves, on second reading, Ordinance No. 11, Series of 2020
an ordinance for a prescribed regulation amendment, pursuant to Section 12 -3-7,
Amendment, Vail Town Code, to amend Section 12-15-2 GRFA Requirements by Zone
District, Vail Town Code, to correct the GRFA calculation in the table for the PA Zone
District, and setting forth details in regard thereto.”
Should the Town Council choose to approve, on second reading, Ordinance No. 11,
Series of 2020, the Planning and Environmental Commission recommends the Council
make the following findings:
“Based upon a review of Section VII of the September 14, 2020 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
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
October 20, 2020 - Page 180 of 203
Town of Vail Page 3
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
VI. Attachments
A. Ordinance No. 11, Series of 2020
B. Minutes from PEC meeting on September 14, 2020
C. Staff memorandum to the PEC, September 14, 2020
October 20, 2020 - Page 181 of 203
ORDINANCE NO. 11
Series of 2020
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTION 12-15-2-
GRFA REQUIREMENTS BY ZONE DISTRICT: AND SETTING FORTH DETAILS IN
REGARD THERETO
WHEREAS, the Planning and Environmental Commission (the “PEC”) held a
properly noticed public hearing on the proposed amendment on September 14, 2020 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the PEC recommended approval of the proposed amendment at its
September 14, 2020 meeting, and has submitted its recommendation to the Town
Council;
WHEREAS, the Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the c oordinated and
harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-15-2, Vail Town Code, GRFA Requirements by Zone District, is
hereby amended to read as follows:
PA
Public accommodation
0.80 1.50 of buildable area None
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
October 20, 2020 - Page 182 of 203
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2020, and a
public hearing for second reading of this Ordinance set for the 20th day of October, 2020,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of October, 2020.
_____________________________
Dave Chapin, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 183 of 203
P L ANNING AND E NV IRO NM E NTAL C O M M I S S IO N
S eptember 14, 2020, 1:00 P M
Virtual
75 S . F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_3jf E J Zt7Rf K I v6Bbpks3vQ
After registering, you will rec eive a confirmation email c ontaining
information about joining the webinar.
1.2.Attendance
Present: Ludwig Kurz, K aren Perez (joined late), Rollie K jesbo, Brian
Gillette, Henry Pratt, Pete Seibert, J ohn-Ryan Lockman
Absent: None
2.Main A genda
2.1.A request for review of a Major Exterior Alteration pursuant to Sec tion 12-
7A-12, Exterior Alterations or Modific ations, Vail Town C ode, to allow for the
c onversion of two existing Employ ee Housing Units to A cc ommodation Units
and replac ing the Employ ee Housing Units off-site, loc ated at 352 East
Meadow Drive/Tract B Vail Village Filing 1, and setting forth details in
regard thereto. (P E C 20-0025)
45 min.
Applicant:Vail Gravity Haus LLC, represented by Braun A ssoc iates, I nc .
Planner:Greg Roy
Planner Roy introduced the projec t by explaining the plan for the addition of
2 ac commodation units at the Vail Mountain Lodge. He then explained the
source of their current parking requirement and how the ac commodation
units have a lower parking requirement. He then explained that employee
housing generated by these units would be located off-site. Staff is
supportive of this request.
Commissioner Gillette: Asked a question about the employee generation
requirement since the requirement is a frac tion of a unit.
Roy : Explained how the employ ee generation and housing requirements are
written and addressed by applic ants.
Commissioner Pratt: Asked about c ode sec tion 12-13-5 and why it doesn’t
apply.
Planner Spence: Explained that section 12-13-5 is intended for removing
existing deed restricted units, not for new deed restric tions and that as an
amendment to a housing plan, the standards are the same as if it was a new
housing plan which allows for offsite units.
October 20, 2020 - Page 184 of 203
Gillette: Asked if a deed restriction was made for a unit bey ond their
requirement, if that would allow them to “bank” that additional employee area.
Roy : Explained that if they had another bedroom and the minimum square
footage listed in the C ommercial Linkage table they c ould have excess to
use for another employee generation in the future.
Commissioner Lockman: Asked a question about constructing a new deed
restric ted unit vs. buying a new deed restriction.
Roy : The intent of the applicant is to buy an existing unit and deed restric t it,
not to build a new unit.
Vic e-C hair Perez joined the meeting at this point.
Perez: Asked a question about how the development was noticing
employ ees when vac ating existing employee housing units. The employ ees
were given only a few day s’ notice to move out.
Tom Braun: W asn’t sure about this situation specific ally but would want to
look into more information about it. Said that the management of EHUs
would have to comply with Town requirements.
Perez and Gillette both asked that a record be made of this conc ern and
asked that Town Council look into the ability of the Town to administrate
eviction notice timeframes. This specific issue is not a consideration for the
review of this P E C item.
Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it
passed (6-0).
Abstain:(1)P erez
2.2.A request for a recommendation to the Vail Town Counc il for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
C ode to amend Section 12-15-2 GRFA Requirements by Zone D istrict, Vail
Town C ode, to correc t the error in the GRFA calculation table for the PA
Zone D istrict, and setting forth details in regard thereto. (P E C 20-0020)
10 min.
Applicant:Town of Vail
Planner:Greg Roy
Planner Roy : Explained the need for the c orrection in the GRFA table
Loc kman: Clarified that this appears to just be an error in the code.
Roy : Explained that a previous code c hange in one section was not carried
over to this GRFA table.
Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it
passed (7-0).
2.3.A request for review of an exemption plat, pursuant to Title 13 Chapter 12,
Exemption Plat, Vail Town Code, to allow for increases to the allowable Site
C overage and Gross Residential Floor Area (GRFA) allotment for individual
lots within the Spraddle C reek Estates subdivision, and setting forth details
in regard thereto. (P E C20-0015).
Staff and the applicant request that this item be continued to the September
5 min.
October 20, 2020 - Page 185 of 203
28, 2020 public hearing.
Applicant:Spraddle Creek Estates Homeowners, represented by Zehren
and Assoc iates
Planner:J onathan S penc e
Rollie Kjesbo moved to table to Oc tober 12, 2020. Brian Gillette sec onded
the motion and it passed (7-0).
2.4.A request for a recommendation to the Vail Town Counc il for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
C ode to amend Section 12-16-7: Use Spec ific Criteria and Standards, Vail
Town C ode, to amend the use specific criteria for funic ulars and other
similar c onveyances, and setting forth details in regard thereto. (P E C 20-
0023)
Staff and the applicant request that this item be tabled to the October 12,
2020 public hearing.
5 min.
Applicant:L S C 27 LLC, represented by Mauriello P lanning Group
Planner:J onathan S penc e
Gillette: Asked what is bringing about this tableting.
Spenc e: Some members of the applicant’s party were not available for this
meeting and there was a small error in the noticing of this item. This is a
request related to the use-related c riteria for funiculars.
Brian Gillette moved to table to October 12, 2020. K aren P erez seconded
the motion and it passed (7-0).
3.A pproval of Minutes
3.1.August 24, 2020 P E C Results
Henry Pratt moved to approve. Brian Gillette seconded the motion and it
passed (7-0).
4.A djournment
Karen Perez moved to adjourn. Brian Gillette seconded the motion and it
passed (7-0).
The applic ations and information about the propos als are available for public inspection during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the projec t
orientation and the site visits that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subjec t to c hange, and cannot be relied upon to determine at what time the
Planning and Environmental Commission w ill cons ider an item. Please call (970) 479-2138 for additional information.
Please c all 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
October 20, 2020 - Page 186 of 203
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 14, 2020
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to amend Section 12-15-2 GRFA Requirements by Zone District, Vail Town
Code, to correct the error in the GRFA calculation table for the PA Zone District,
and setting forth details in regard thereto. (PEC20-0020)
Applicant: Town of Vail
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, is proposing to update the Vail Town Code to correct the
GRFA calculation in the table of Section 12-15-2, to match the correct GRFA number for
the PA Zone District.
II. DESCRIPTION OF REQUEST
The Applicant requests a recommendation of approval to the Vail Town Council for a
prescribed regulation amendment pursuant to Section 12 -3-7 Amendment, Vail Town
Code to amend Section 12-15-2 GRFA Requirements by Zone District, Vail Town Code,
to correct the GRFA calculation in the table for the PA Zone District, and setting forth
details in regard thereto.
III. BACKGROUND
In Ordinance No. 12, Series of 1978 the PA Zone District listed the allowable GRFA as 80
SF per buildable area. Ordinance No. 23, Series of 1999, increased the allowable GRFA
to 150 SF but there was no corresponding change to the table in Section 12-15-2 that lists
the allowed GRFA for all the zone districts.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be amended in Title 12:
October 20, 2020 - Page 187 of 203
Town of Vail Page 2
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is bold.
12-15-2: GRFA Requirements by Zone District;
PA
Public accommodation
0.80 1.50 of buildable area None
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission, and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
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
the forwarding of 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.
VI. 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:
Vail Comprehensive Plan
October 20, 2020 - Page 188 of 203
Town of Vail Page 3
Land Use and Development Goal #3
• Develop a streamlined design review process and include in regulation updates.
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 re sidential community of high
quality”. This text amendment is intended to advance these purposes by providing clear
standards in the zoning code that is consistent and less ambiguous.
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 staff, as well as anyone who references the
code, clear standards for planning and development review that can be applied
consistently.. The clarification of this section will help better implement and better
achieve the adopted goals, objectives and policies in Vail.
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 PA Zone District section of the code was changed in 1999, but the table was never
corrected to match. The correction is necessary to have consistent application of the code
and matching regulations.
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 transparency 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.
October 20, 2020 - Page 189 of 203
Town of Vail Page 4
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 Vll of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed 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, to amend Section 12-15-2 GRFA Requirements by
Zone District, Vail Town Code, to correct the GRFA calculation in the table for the PA
Zone District, and setting forth details in regard thereto. (PEC20-0020).”
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 VII of the September 14, 2020 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
October 20, 2020 - Page 190 of 203
Town of Vail Page 5
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
October 20, 2020 - Page 191 of 203
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 12, Series of 2020 , 2nd Reading, Ordinance Repealing and
Reenacting Chapter 7 of Title 4 of the Vail Town Code, Relating to Contractor Registration, and
E nacting a new Section of 10-1-14 of the Vail Town Code, Relating to the B oard of A ppeals.
P RE S E NT E R(S ): C J J arecki, Chief Building Official
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, A pprove with Conditions or Deny Ordinance
No. 12, Series of 2020 on second reading
B AC K G RO UND: Construction activity throughout Eagle County is continuing its upward trend,
even throughout the pandemic, and remains to be a critical economic driver within the region. Due
to an overall shortage of local skilled labor, homeowners, developers, and designers are seeing
assistance from contractors located outside of the region - even out of state. This ordinance will
ensure that all contractors, local or otherwise, that request to perform work within the Town of Vail
are duly qualified to complete such work.
AT TAC H ME N TS:
Description
Staff Memorandum
Ordinance No. 12
October 20, 2020 - Page 192 of 203
10/06/2020 Page 1
To: Vail Town Council
From: Town of Vail Community Development Department
Building and Fire Code Appeals Board
C.J. Jarecki, CBO - Chief Building Official
Date: 10/20/2020
Subject: Second Reading, Ordinance 12, Series of 2020:
AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF
THE VAIL TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND
ENACTING A NEW SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING
TO THE BOARD OF APPEALS
Summary:
The purpose of this memorandum is to provide information to the Vail Town Council
regarding adoption of an Ordinance that will amend the Town Municipal Code as
recommended by Community Development and the Building and Fire Code Appeals
Board. The members of the Board making this recommendation are:
• Mark J. Mueller, PE Structural Engineer
• Kathy Langenwalter, RA Architect
• Mark Hollenbeck General Contractor
• Steve Loftus Mechanical Engineer/Contractor
• Rollie Kjesbo General Contractor
• Kyle Webb, RA Architect
• Mark Donaldson, RA Architect
In order to ensure contractors intending to perform construction work within the Town of
Vail are duly qualified to complete such work, it has become apparent that the existing
code language and processes involved with contractor registration are insufficient.
This ordinance will require that all contractors be licensed and/or hold certification within
their trade to perform construction work within the Town of Vail. This will ensure that
the residents of the Town of Vail, and the general public, are receiving the services of
qualified contractors.
October 20, 2020 - Page 193 of 203
10/06/2020 Page 2
Background:
The proposed ordinance and subsequent change to the Municipal Code would allow
Vail the opportunity to take the lead and set a standard that can be followed throughout
the Valley. The municipalities that are located within the Roaring Fork Valley already
have a contractor certification program in place that works very well for them. This
ordinance provides for a similar style of certification and registration system.
With it, when contractors register with the Town, they will be required to provide proof of
successful completion of a National Standard Contractor Certification Exam. These
exams are intended to ascertain the knowledge that an individual possesses in relation
to the codes and actual constructability of projects.
Electrical, plumbing, fire alarm and fire suppression contractors will be exempt from this
requirement as they are already regulated by the State and are required to provide their
State license number when registering with the Town.
This ordinance also ensures that the duties and procedures of the Building and Fire
Code Appeals Board, and the language associated with the Board, is located within the
proper Title, Chapter and Section(s) of the Town of Vail Municipal Code.
Community Development and the Building and Fire Code Appeals Board, in a
unanimous vote of 7-0, feel that the adoption of this ordinance is necessary to ensure
that every project within the Town is being performed by capable, knowledgeable
contractors. This also clarifies how the Town of Vail can verify the qualifications of
contractors requesting to perform construction work. As mentioned, Vail’s neighboring
municipalities are very interested in this and eager to follow suit. We propose that Vail
takes the lead.
Minor change since first reading: One small change to the ordinance has been made.
The contractor classification list that detailed the types of contractors has been deleted.
We realized that in order to add or remove any type of contractor to the list , for any
number of reasons, we would be required to inundate Town Council’s schedule to make
the simple change. Thus, with approval from the Town Attorney’s office, the list has
been replaced with the following language, “Each contractor shall be classified
according to the type of work they perform and shall register under such
classification. A list of contractor classification types shall be maintained by the
Community Development Department.”
Proposed adoption date: May 1, 2021 – This will allow for 6 months of outreach and
education to all contractors. Also, it will allow for 18 months prior to affecting any
currently registered contractor.
Action Requested:
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Town Council shall approve, approve with modifications, or deny Ordinance No.__,
Series of 2020 based on the recommendation from Community Development and the
Building and Fire Code Appeals Board.
Thank you for your consideration in this matter.
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ORDINANCE NO. 12
SERIES 2020
AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF THE VAIL
TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND ENACTING A NEW
SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING TO THE BOARD OF APPEALS
WHEREAS, the current version of Title 4 of Chapter 7 of the Vail Town Code, relating to
contractor registration, was originally adopted in 1977 and last updated in 2011;
WHEREAS, the Community Development Department is charged with administering the
provisions of Title 4 of Chapter 7 of the Vail Town Code;
WHEREAS, the Town wishes to update the contractor registration requirements to allow
the Building Official to evaluate every contractor proposing to perform construction work in the
Town, and only register those persons who have achieved minimum certification;
WHEREAS, previously, the Code section establishing the Board of Appeals was included
in Chapter 7 of Title 4 of the Vail Town Code, but should be located within Title 10 of the Vail
Town Code; and
WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety
and welfare to adopt these amendments to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Chapter 7 of Title 4 of the Vail Town Code is hereby repealed in its entirety
and reenacted as follows:
CHAPTER 7
CONTRACTOR REGISTRATION
4-7-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
BOARD: The Building and Fire Code Appeals Board or Board of Appeals as
defined in the International Building Code, as adopted by the Town.
BUILDING OFFICIAL: The Building Official as defined in the current version of the
Building Code adopted by the Town, or designe e.
CONSTRUCTION WORK: Any new construction, additions, repairs, alterations,
installations, demolition, removal, conversions, replacements or renovations of any
building or structure, or excavation in the Town that requires a permit.
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CONTRACTOR: A person that undertakes or offers to undertake for another
construction work, including without limitation a general contractor, plumbing
contractor, mechanical contractor, electrical contractor, excavation contractor,
demolition contractor, fire protection contractor, roofing contractor or
subcontractor.
PERMIT: A building permit or other permit authorizing construction work in the
Town.
4-7-2: REGISTRATION:
A. Every contractor performing construction work in the Town shall be
registered under this Chapter prior to undertaking any construction work or
applying for a permit.
B. A contractor will be considered to be registered under this Chapter if the
contractor is employed by a company, corporation or organization in which at least
one person also employed by that company, corporation organization is registered.
If the sole person registered as a contractor in any company, corporation or
organization leaves the employment of that company, corporation or organization,
the company, corporation or organization shall register a different employee under
this Chapter within 90 days.
C. Any contractor holding a current, valid registration as of the date of the
ordinance codified in this Chapter shall not be required to comply with this Chapter
until the existing registration is required to be renewed.
D. The registration of a contractor under this Chapter does not express or imply
any level of qualification, competency, or other assessment of the contractor’s
ability to perform construction work.
4-7-3: CLASSIFICATION:
A. Each contractor shall be classified according to the type of work they
perform and shall register under such classification. A list of contractor
classification types shall be maintained by the Community Development
Department.
B. A list of the type of construction work that may be performed by each class
of contractor shall be maintained by the Community Development Department.
Each contractor shall perform only the type of work so authorized.
C. Any person may make an application for registration as a homeowner
contractor without a license or certification provided that the construction work is
specifically for the dwelling unit solely owned by the applicant, being performed
solely by the applicant, and the construction work does not alter or affect the
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structural integrity, means of egress, electrical systems, or plumbing systems of
the unit, building or structure.
4-7-4: APPLICATION AND REGISTRATION:
A. Application: Applications for contractor registration shall be completed at
www.vail.onlinegovt.com, or a successor location designated by the Town. At a
minimum, the application shall include:
1. The business name, name of the principal party/business
owner/certification holder;
2. A current mailing address, valid electronic mail address, and valid
phone number;
3. The applicable application fee, as set by resolution of the Town
Council;
4. Proof of insurance as required by Section 4-7-5;
5. Proof of certification/licensing and training as required by Section 4-
7-6;
6. For Electrical Contractors and Plumbing Contractors, a copy of their
license or current license number as provided by the State of Colorado Department
of Regulatory Agencies; and
7. For Fire Suppression Contractors and Fire Alarm Contractors, a copy
of their license or current license number as provided by the State of Colorado
Department of Fire Prevention and Control.
B. Registration: Upon receipt of a complete application and the applicable fee,
the Building Official shall register the contractor.
C. Expiration: Each registration shall be valid until April 30 th of the third year
following the year of registration.
4-7-5: INSURANCE:
A. Each contractor shall always be covered by the following insurance while
performing construction work in the Town, at a minimum:
1. Worker's compensation insurance as required by law;
2. Commercial General Liability insurance with minimum combined
single limits of $1,000,000 each occurrence and $2,000,000 general aggregate,
applicable to all premises and operations, and shall include coverage for bodily
injury, broad form property damage, personal injury (including coverage for
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contractual and employee acts), blanket contractual, products, and completed
operations.
B. Proof of insurance shall be provided to the Town upon each application for
registration, and upon request at any other time.
4-7-6: CERTIFICATION AND TRAINING REQUIREMENTS:
A. Each registered contractor shall maintain current certification (s). The
current certification requirements for each classification of contractor shall be
maintained by the Community Development Department.
B. Each contractor shall observe the training requirements of the Town. The
current training requirements for each classification of contractor shall be
maintained by the Community Development Department.
C. A Homeowner Contractor shall be exempt from the training and certification
requirements of this Section.
D. While performing construction work in the Town, all registered contractors
shall comply with all applicable laws, ordinances, rules and regulations.
4-7-7: SUSPENSION OR REVOCATION:
A. The Building Official may, for unskillfulness, carelessness, willful violation
of any lawful directions or orders by the Building Official, or any violation of law,
order the temporary suspension or permanent revocation of a contractor's
registration, following notice and a hearing as provided in this Section.
B. Written notice of the hearing shall be given to the contractor at least seven
(7) days before the hearing. The notice shall contain a brief statement of the
reason for the proposed suspension or revocation. Such notice shall be given
either personally or by certified first class U.S. mail to the address on file with the
Town.
C. At the hearing, the Building Official shall hear and consider such statements
and such evidence as deemed relevant to the violation alleged in the notice. The
contractor may appear to contest the suspension or revocation of the license.
D. Within ten (10) days of the hearing, the Building Official shall issue a written
order, including findings of fact. A copy of the order shall be mailed to or served
on the contractor at the address on file with the Town.
4-7-8: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter. Any person who
violates any provision of this Chapter is subject to the penalty set forth in Section
1-4-1 of this Code.
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B. In addition to any other applicable penalty, if the Building Official determines
that a person has undertaken construction work in the Town without a valid
registration as required by this Chapter, and such person wishes to continue such
construction work, such person shall first register as a contractor under this
Chapter, but the application fee shall be twice the amount otherwise due .
Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the
addition of the following new Section 10 -1-14:
10-1-14: APPEALS:
A. Appeal of Building Official Actions:
1. Authority: The Building and Fire Code Appeals Board shall have the
authority to hear and decide appeals from any order, decision, determination or
interpretation by the Building Official with respect to the provisions of this Code.
2. Initiation: An appeal may be initiated by any resident, property
owner, or contractor adversely affected by any order, decision, determination or
interpretation by the Building Official with respect to the provisions of this Code.
Failure to file a timely appeal shall constitute a waiver of any rights under this
Chapter to appeal any order, decision, determination or interpretation by the
Building Official.
3. Procedure:
i. A written notice of appeal shall be filed with the Community
Development Department within fourteen (14) days of the Building Official’s
decision. Upon the filing of the appeal, the Building Official shall forward all
records concerning the subject matter of the appeal to the Board .
ii. The appeal shall be considered by the Board at its next regularly
scheduled meeting.
iii. The Board may affirm, reverse, or modify the action of the Building
Official, or schedule a hearing. Failure of the Board to act within fourteen
(14) days of receipt of the appeal information shall be deemed concurrence
with the action of the Building Official.
iv. If a hearing is deemed necessary, it shall be held within thirty (30)
days of the first consideration by the Board. Written notice shall be sent to
the appellant a minimum of fourteen (14) days prior to the scheduled
hearing. The Board may grant one continuance of the hearing of up to thirty
(30) days.
4. Findings: The Board shall, on all appeals, make findings of fact
based on the evidence presented, as to how the requirements of the applicable
Code have or have not been met.
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B. Appeal of Building and Fire Code Appeals Board Actions:
1. Authority: The Town Council shall have the authority to hear and
decide appeals from any order, decision, determination or interpretation by the
Board of Appeals.
2. Initiation: An appeal may be initiated by any resident, property
owner, or contractor adversely affected by any order, decision, determination or
interpretation by the Board of Appeals. Failure to file a timely appeal shall
constitute a waiver of any rights under this Chapter to appeal any order, decision,
determination or interpretation by the Board of Appeals.
3. Procedure:
i. A written notice of appeal shall be filed with the Community
Development Department within fourteen (14) days of the Board’s decision.
Upon the filing of the appeal, the Board shall forward all records concerning
the subject matter of the appeal to the Town Council.
ii. The Town Council shall hear the appeal at its next regular meeting.
iii. The Town Council may confirm, reverse or modify the action of the
Board.
5. Decision: The Town Council may affirm, reverse or modify the action
of the Board. The Town Council shall make findings of fact based the evidence
presented.
6. Final Decision: The decision of the Town Council shall be final,
subject only to judicial review by a court of competent jurisdiction under C.R.C.P.
106(a)(4).
Section 3. The changes adopted by Section 1 of this Ordinance shall become effective
on or after May 1, 2021. The changes adopted by Section 2 of this Ordinance shall become
effective on or after November 1, 2020.
Section 4. 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 he reby 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 5. 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 actio n or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
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hereby shall not revive any provision or ordinance previously repealed or superseded unless
expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2020 and a public
hearing for second reading of this Ordinance is set for the 20th day of October, 2020, 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 ____________, 2020.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
October 20, 2020 - Page 202 of 203
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A djournment 7:50 pm (estimate)
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