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HomeMy WebLinkAbout2021-05-18 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E T IN G E vening Agenda Virtual 6:00 P M, May 18, 2021 Meeting to be held Virtually (access H igh Five Access Media livestr eam 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 change, and cannot be relied upon to determine what time Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Any action as a result of executive session 3.Vail Youth R ecognition Awards 3.1.Town of Vail Scholarship Program Rec ognitions 5 min. Presenter(s): J enn Bruno, Vail Town C ounc il Member and Dwight Henninger, Chief of Police Bac kground: The Town of Vail has offered a financial scholarship program for Vail seniors who have ac hieved ac ademic excellenc e and leadership suc cess and c ommitment to the Vail community. The sc holarship is to help fund students who are pursuing their next c hapter in life at either a college, university or tec hnical sc hool. The 2021 award will be given to two senior students, Gabriela Fuentes Georgieva who attends Eagle Valley High School and J essica Sherpa who attends Vail Mountain Sc hool. 4.Appointments for Boards and Commissions 4.1.Vail Local Housing Authority Appointment 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Counc il: A ppoint one person to serve on the V L HA for a five-y ear term ending on May 31, 2026. 4.2.Vail Local (Liquor) Licensing A uthority Appointments 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Counc il: A ppoint three people to serve on VLLA for two-year term ending May 31, 2023. May 18, 2021 - Page 1 of 161 5.Consent Agenda (5 min.) 5.1.April 06, 2021 Meeting Minutes 5.2.April 20, 2021 Meeting Minutes 5.3.Resolution No. 8, Series of 2021, A Resolution of the Vail Town Council Approving a Master Lease Between the Town of Vail and the Vail Corporation, D B A Vail Associates I nc . ("VA I ") Action Requested of Counc il: A pprove, approve with modifications or deny Resolution No. 8, Series of 2021 Bac kground: Vail Assoc iates I nc desire to lease from the Town of Vail 37 of the Timber Ridge Apartments together with 27 parking spaces to sublease those units to their employees. Staff Rec ommendation: Approve, approve with modifications or deny Resolution No. 8, Series of 2021 5.4.Resolution No. 20, Series of 2021, a Resolution of the Vail Town Council Approving a First Amendment to the Lot 3, Middle Creek D evelopment Agreement between the Town of Vail and Triumph Development W est, L L C. Action Requested of Counc il: A pprove, approve with amendments, or deny Resolution 20, Series 2021. Bac kground: On March 2, 2021, the Vail Town Council approved Resolution No. 10, Series of 2021, approving an agreement with Triumph D evelopment for the development of Lot 3, Middle C reek (Residences at Main Vail). Contained within is a provision setting forth a deadline for approving a development agreement for the subsequent redevelopment of the Timber Ridge Village Apartments. Given time constraints and foc used efforts to obtain an entitlement approval for the Residenc es at Main Vail this has not yet happened. Staff Rec ommendation: Approve, approve with amendments, or deny Resolution 20, Series 2021. 5.5.Resolution 21, Series 2021, A Resolution of the Vail Town C ounc il Approving an I ntergovernmental Agreement between the Town of Vail and the Town of Avon for Building I nspec tion Coverage Services. Action Requested of Counc il: A pprove, approve with amendments or deny Resolution 21, Series 2021. Bac kground: The Town of Vail and the Town of Avon desire to cooperate to allow The Town’s building inspectors to perform building inspections in Avon when Avon’s building inspectors are unavailable or on vac ation. Staff Rec ommendation: Approve, approve with amendments or deny Resolution 21, Series 2021. 5.6.Resolution No. 22 Series of 2021, An I ntergovernmental A greement for Fire and Emergenc y Medical Servic es Automatic or Mutual A id B etween the Town of Vail, the Eagle River Fire Protection District, the Greater Eagle Fire Protec tion District and the Gy psum Fire Protection Distric t Action Requested of Counc il: A pprove, approve with amendments, or deny Resolution No. 22 Series of 2021 Bac kground: See attached memorandum Staff Rec ommendation: A pprove, approve with amendments, or deny Resolution No. 22 Series of 2021 May 18, 2021 - Page 2 of 161 5.7.Contract with 360 Paving, LLC (complete Vail 2021 Overlay P rojec t) Action Requested of Counc il: A uthorize the Town Manager to enter into an agreement with 360 Paving L L C to c omplete the Vail 2021 Overlay Projec t. Bac kground: Staff received 3 bids for the Vail 2021 Overlay P rojec t from 360 Paving, GM Asphalt Repair and United Companies. The projec t is budgeted with the Capital Street Maintenance budget and is within the engineer ’s estimate. Roads inc luded in this year ’s asphalt overlay projec t inc lude W esthaven Dr, Vail View D r and Red Sandstone Rd from the S Frontage Rd to Vail View D r. The projec t is scheduled to be c ompleted by September 24, 2021. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving L LC to complete the Vail 2021 Overlay Project in the amount not to exc eed $290,020.00. 5.8.Contract with Hess Contracting (Lionshead Transit Center Bus Shelter) Action Requested of Counc il: Award C onstruc tion Contract. Bac kground: The Town of Vail public ly bid the Lionshead Transit C enter W estbound Bus Stop S helter projec t, which was originally intended to be constructed in 2018 but was deferred due to budget constraints. Award contract to Hess Contrac ting. Staff Rec ommendation: Authorize the Town Manager to enter into a construction contract, in a form approved by the town attorney, with Hess Contracting, I nc. in the amount of $138,006. 6.Town Manager Report 7.Action Items 7.1.Ordinanc e No.11, Series 2021, First Reading, an Ordinance Repealing and Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard T hereto 30 min. Presenter(s): Erik Gates, Planner Action Requested of Counc il: The Vail Town Council shall approve, approve with modific ations, or deny Ordinance No. 11, Series of 2021, upon first reading. Bac kground: On J une 18th, 2015, the Supreme Court of the United States (SC OTUS) issued a decision on Reed v. Town of Gilbert in favor of Reed that put the c onstitutionality of sign codes in many municipalities, including the Town of Vail, into question. The SC OTUS decision generally points to munic ipalities needing sign codes that address time, plac e, and manner distinctions only when it comes to sign regulation. Changes proposed in the current draft of the new sign c ode aim to remove content and speaker distinctions as much as possible, to “c lean up” the code by removing redundant or irrelevant definitions and regulations, and to address conc erns brought by the P E C at previous meetings. Staff Rec ommendation: The Planning and Environmental Commission forwards a rec ommendation of approval to the Vail Town C ounc il for Presc ribed Regulations A mendment pursuant to Section 12-3-7, Amendment, Vail Town C ode, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce c ontent based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and acc ompany ing changes. May 18, 2021 - Page 3 of 161 8.P ublic Hearings 8.1.Ordinanc e No. 10, Series 2021, Second Reading, an Ordinanc e Amending Sec tion 7-3D-1 of the Vail Town Code to I ncrease the Penalties for Parking Violations in the Area A round the Booth Lake Trailhead 5 min. Presenter(s): Ryan Kenny, P olice C ommander Action Requested of Counc il: A pprove, approve with amendments or deny Ordinanc e No. 10, Series of 2021 upon sec ond reading Bac kground: At Council’s direc tion, the East Vail Trailheads C ommittee met and disc ussed options for c urbing illegal parking at the Booth Falls Trailhead. After considering several options, a special enforcement area was selected as the best option. The enforc ement area is Booth Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which shall inc lude Mann's Ranch Road, Booth Falls Road, Booth Falls C ourt, and the 2800 – 3700 bloc k of the North Frontage Road. Parking fines in this area will start at $100 for the first offense, $200 for the second and $300 for the third. Staff Rec ommendation: Approve, approve with amendments or deny Ordinanc e No. 10, Series of 2021 upon sec ond reading 9.Adjournment 9.1.Adjournment 7:05 (estimate) Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. May 18, 2021 - Page 4 of 161 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 : Town of Vail Scholarship P rogram Recognitions P RE S E NT E R(S ): J enn B runo, Vail Town C ouncil Member and D wight Henninger, Chief of P olice B AC K G RO UND: T he Town of Vail has of f ered a financial scholarship program f or Vail seniors who have achieved academic excellence and leadership success and commitment to the Vail community. T he scholarship is to help f und students who are pursuing their next chapter in life at either a college, university or technical school. T he 2021 award will be given to two senior students, Gabriela F uentes Georgieva who attends E agle Valley High S chool and J essica S herpa who attends Vail Mountain S chool. May 18, 2021 - Page 5 of 161 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Vail L ocal Housing Authority A ppointment P RE S E NT E R(S ): D ave C hapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC IL : A ppoint one person to serve on the V L HA for a five- year term ending on May 31, 2026. May 18, 2021 - Page 6 of 161 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Vail L ocal (L iquor) L icensing Authority Appointments P RE S E NT E R(S ): D ave C hapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC IL : A ppoint three people to serve on V L L A for two-year term ending May 31, 2023. May 18, 2021 - Page 7 of 161 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 : April 06, 2021 Meeting Minutes AT TAC H ME N TS : Description April 06, 2021 Meeting Minutes May 18, 2021 - Page 8 of 161 Town Council Meeting Minutes of April 6, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, April 6, 2021 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 Members absent: 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 Matt Morgan, Vail business owner, asked the council to end the outdoor mask mandate on April 19. Mike Brumbaugh, Vail business owner, asked the council to end the outdoor mask mandate. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 3 Series of 2021, Recognizing National Library Week 2021 “Welcome to Your Library” Presenter(s): Lori Barnes, Town of Vail Library Director Action Requested of Council: Approve Proclamation No. 3, Series 2021 Background: First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is a time May 18, 2021 - Page 9 of 161 Town Council Meeting Minutes of April 6, 2021 Page 2 to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. All types of libraries (school, public, academic and special) participate. http://www.ala.org/conferencesevents/node/6/ Chapin read Proclamation No. 3, Series of 2021 into the record. 3.2. Proclamation No. 4, Series 2021, Recognizing Emergency Services Dispatch (911) as First Responders Presenter(s): Marc Wentworth, Vail Public Safety Communications Center Director Action Requested of Council: Approve Proclamation No. 4, Series 2021. Background: Receiving 911 calls requires significant training and competencies such as situational assessment skills and sound judgment, strong public and internal relations, teamwork, and advanced multitasking skills. Telecommunicators have the sole responsibility for dispatching police, fire and medical first responders and act as their communication partners during every call for service. Chapin read Proclamation No. 4, Series of 2021 into the record. 4. Consent Agenda 4.1. Resolution No. 16, Series of 2021, A Resolution Granting a Pedestrian Easement Across Lot 10, Vail Village Second Filing to the Evergreen Lodge, HTC Action Requested of Council: Approve, approve with amendments or deny Resolution No. 16, Series of 2021 Background: The Town of Vail is the owner of certain real property in the Town of Vail legally described as Lot 10, Vail Village Second Filing. HCT Members, LLC (“HCT”) desires to obtain a pedestrian access easement across the property, and the Town wishes to grant HCT a pedestrian access easement across the property Staff Recommendation: Approve, approve with amendments or deny Resolution No. 16, Series of 2021 Langmaid made a motion to approve Resolution No. 16, Series of 2021; Foley seconded the motion passed (6-0). 4.2. Resolution No. 17, Series of 2021, a Resolution Approving a Contract to Buy and Sell Residential Real Estate Action Requested of Council: Approve, approve with amendments or deny Resolution No. 17, Series of 2021. Background: The Town of Vail has the possibility to acquire real property within the Town boundaries. The Town wishes to purchase the property for employee housing. May 18, 2021 - Page 10 of 161 Town Council Meeting Minutes of April 6, 2021 Page 3 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 17, Series of 2021 Coggin made a motion to approve Resolution No. 17, Series of 2021; Foley seconded the motion passed (6-0). 4.3. Fire Engine Contract Award to Front Range Fire Apparatus Action Requested of Council: Authorize the Town Manager to enter into an agreement with Front Range Fire Apparatus Background: The 2021 Capital Projects Fund allocated $880,000 for the purchase of a new fire engine. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Front Range Fire Apparatus in an amount not to exceed $816,540.00 Foley made a motion to authorize the Town Manager to enter into an agreement with Front Range Apparatus in an amount not to exceed $816,540.00; Coggin seconded the motion passed (6-0). 4.4. Lionshead Parking Structure Structural Repair Contract Award Action Requested of Council: Authorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. Background: The structural Engineering firm of J.R. Harris and associates did a structural assessment of the Lionshead parking Structure in the fall of 2020 and produced a report of their findings. Due to the very technical and dangerous nature of this work Restruction Corporation was engaged to price and perform the work. There are only two firms in Colorado capable of this type of work. Only Restruction Corporation was interested. This project will be paid for out of the Parking Structure Capitol account. Staff Recommendation: Authorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. Coggin made a motion to authorize the Town Manager to enter into an agreement with Restruction Corporation in an amount not to exceed $632,848.00; Mason seconded the motion passed (6-0). 4.5. Police Department Roof Top Air conditioning units Contract Award Action Requested of Council: Authorize the Town Manager to enter into an agreement with American Mechanical Services in the amount not to exceed $112,239.00. Background: Town staff is working to replace all 8 of the Police Department roof top units two per year. This will be the second year of replacement. This year we will replace the unit that provides heat and cooling to the dispatch IT room and the unit that provides heat and cooling to the detectives’ offices. The new units are high efficiency and will save both natural gas and electric. May 18, 2021 - Page 11 of 161 Town Council Meeting Minutes of April 6, 2021 Page 4 Two bids were received for this work. The low bidder was American Mechanical Services. This project will be paid for out of the Facility Capitol account. Staff Recommendation: Authorize the Town Manager to enter into an agreement with American Mechanical Services in the amount not to exceed $112,239.00. Coggin made a motion to authorize the Town Manager to enter into an agreement with American Mechanical Services in an amount not to exceed $112,239.00; Bruno seconded the motion passed (6-0). 5. Presentations / Discussion 5.1. Eagle River Water and Sanitation District Water Supply Master Plan Presentation Presenter(s): Linn Brooks, ERW SD General Manager; Jason Cowles, ERW SD Director of Engineering and Water Resources; Diane Johnson, ERW SD Communications and Public Affairs Manager Action Requested of Council: Listen to presentation and ask questions. Background: General Manager Linn Brooks will provide an overview of water issues in the valley to set the stage for discussing the Water Resources Master Plan in the second presentation to the Vail Town Council on April 20, 2021. Brooks provided council the history of water in Eagle River Valley; the current pollical structure; where our water comes from; how we use water and the important future issues. Brooks shared new reservoir storage and conservation should be today’s focus. Developers must dedicate of pay a fee for an adequate supply of water. Building codes efficiency requirements and reducing water use for landscaping are areas communities across the nation should consider. Brooks stated the second part of the presentation on April 20 would cover water supply master plan and proposed programs and projects. Council thanked Brooks and her team for their presentation noting they looked forward to hearing part 2 of the presentation on the 20th. 6. Town Manager Report 6.1. Verbal Update: East Vail Control Burn Timber Ridge Housing Opportunities Employees Retiring Robson noted the retirement of long-term employee Hawkeye Flaherty and pending retirement of Mike Rose. Robson reported on his meeting with the Eagle Air Alliance stating there would be more air seats offered this summer out of Eagle then in the past. American Airlines would have a direct flight to Chicago and Delt Air will have a daily route to Atlanta. Mark Novak, Fire Chief, stated the fire burn project went very well and thanked the council for their support of this project. There were no complaints of smoke. May 18, 2021 - Page 12 of 161 Town Council Meeting Minutes of April 6, 2021 Page 5 7. Action Items 7.1. Ordinance No. 7, Series 2021 First Reading, An Ordinance Amending Chapter 2 of Title 4 of the Val Town Code to Authorize the Creation of Entertainment Districts in the Town Presenter(s): Tammy Nagel, Town Clerk Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 7, Series of 2021 upon first reading Background: The Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. Staff Recommendation: Approve Ordinance No. 7, Series of 2021 upon first reading Nagel provided council with a quick view of Ordinance No. 7, Series of 2021 stating the ordinance would amend Chapter 2 of Title 4 of the Vail Town Code to allow for the creation of Entertainment Districts. Additionally, Nagel noted the ordinance delegated the Town Clerk’s office the authority to oversee the creation and operation of common consumption areas which would allow for any changes to a promotional association or the boundaries of a common consumption area to happen quickly. Bruno confirmed businesses without liquor licenses could become a part of the promotional association but could not serve or sell alcohol. Nagel confirmed a non-liquor license business could allow alcohol within in their business but could not sell or give away any liquor. Coggin questioned the insurance and security requirements. Nagel explained those requirements were state regulated. Foley confirmed an entertainment district would require a lot of work from the liquor establishments. Nagel stated it completely depended on the businesses to join together to create an entertainment district. Nagel stated once Governor Polis lifted the COVID emergency orders the Town would no longer be allowed to utilize the streets within the villages as a common consumption area. Public comment was called. Rick Sackbauer, Vail resident, suggested community members contact the governor's office and state legislators to ask to extend the state's current provisions via executive order. Mark Gordon, Vail resident, suggested the town lobby the governor's office for an extension with signatures from the VEAC, Town Council and other bodies. Public comment was closed. May 18, 2021 - Page 13 of 161 Town Council Meeting Minutes of April 6, 2021 Page 6 Foley made a motion to approve Ordinance No. 7, Series of 2021 upon first reading; Coggin seconded the motion passed (6-0) 7.2. Ordinance No. 8, Series of 2021 First Reading, An Ordinance Amending Section 5- 1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts Between the Hours of 2:00 P.M. and 8:00 P.M. Presenter(s): Scott Robson, Town Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2021 upon first reading. Background: Vail Town Council directed staff to recommend changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and Lionshead Village while being respectful of the combination of commercial and residential neighborhoods. Staff Recommendation: Approve Ordinance No. 8, Series of 2021 upon first reading. Robson quickly reviewed Ordinance No. 8, Series of 2021 with the council. Robson stated the ordinance was similar to other mountain resort communities. This would allow for continuation of mid-day (2:00 pm – 8:00 pm) après music atmosphere that would not disturb businesses. Council was supportive of the code change. Mark Gordon, Vail resident, questioned the decibels from a summer concert in 2020. He would hope the new range would not interfere with his business. He did not agree with concerts on the streets in the villages. Foley made a motion to approve Ordinance No. 8, Series of 2021 upon first reading; Coggin seconded the motion passed (6-0). 8. Public Hearings 8.1. Ordinance No. 4, Series of 2021, Second reading, An Ordinance Amending Title 6 of the Vail Town Code by the Addition of a New Chapter 4B Regarding the Sale of Dogs and Cats Born or Raised in Inhumane Commercial Breeding Facilities Presenter(s): Matt Gennett, Director of Community Development Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2021, upon second reading. Background: The Community Development Department is proposing to update the Vail Town Code to add a new Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale of dogs and cats from puppy and kitten mills as it is an unwholesome business practice and not in the best interest of the public welfare of the Town. May 18, 2021 - Page 14 of 161 Town Council Meeting Minutes of April 6, 2021 Page 7 Staff Recommendation: Approve Ordinance No. 4, Series of 2021 upon second reading. Gennett reviewed Ordinance No. 4, Series of 2021 with council stating this ordinance embraced all animals used for breeding. There was no public comment. Coggin made a motion to approve Ordinance No. 4, Series of 2021 upon second reading; Mason seconded the motion passed (6-0). 8.2. Ordinance No. 5, Series of 2021, Second Reading, Budget Supplemental No. 1, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Debt Service Fund and Dispatch Services Fund of the 2021 Budget for the Town of Vail. Presenter(s): Carlie Smith, Financial Services Manager and Kathleen Halloran, Finance Director Action Requested of Council: Approve, or approve with amendments Ordinance No. 5, Series 2021. Background: Please see attached memorandum. Staff Recommendation: Approve or approve with amendments Ordinance No. 5, Series 2021. Smith reviewed Ordinance No. 5, Series of 2021 with council and the changes outlined in their staff memo. There was no public comment. Council had no questions. Foley made a motion to approve Ordinance No. 5, Series of 2021 upon second reading; Mason seconded the motion passed (6-0). 8.3. Ordinance No. 6, Series of 2021, Second Reading, An Ordinance Conveying a Certain Parcel of Land to the Colorado Department ("CDOT") of Transportation Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6, Series of 2021 upon second reading Background: The Town of Vail has approved the construction of the South Frontage Road Roundabout Project which requires the Town to transfer a small parcel of Town property to CDOT to accommodate the new roundabout within CDOT Right of Way May 18, 2021 - Page 15 of 161 Town Council Meeting Minutes of April 6, 2021 Page 8 Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of 2021. Kassmel reviewed Ordinance No. 6, Series of 2021 with council stating there were no changes since the first reading. There was no public comment Council had no questions. Coggin made a motion to approve Ordinance No. 6, Series of 2021 upon second reading; Foley seconded the motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (6-0) and the meeting adjourned at 8:00 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 16 of 161 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 pril 20, 2021 Meeting Minutes AT TAC H ME N TS : Description April 20, 2021 Meeting Minutes May 18, 2021 - Page 17 of 161 Town Council Meeting Minutes of April 20, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, April 20, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Brian Stockmar Members absent: Jen Mason Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Jeff Babb, Vail Resorts Senior Director of Mountain Operations, presented the coveted Gold Ski Award for 2019-2020 to Police Chief Dwight Henninger for his outstanding partnership with Vail Mountain. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. March 2, 2021 Town Council Meeting Minutes Langmaid made a motion to approve the March 2, 2021 Town Council meeting minutes; Bruno seconded the motion passed (6-0). 3.2. March 16, 2021 Town Council Meeting Minutes Langmaid made a motion to approve the March 16, 2021 Town Council meeting minutes; Coggin seconded the motion passed (6-0). 3.3. Resolution 18, 2021 A Resolution Approving a 5311 Formula Operating Grant Contract with the Colorado Department of Transportation Action Requested of Council: Approve, approve with amendments or deny Resolution No. 18, Series of 2021 May 18, 2021 - Page 18 of 161 Town Council Meeting Minutes of April 20, 2021 Page 2 Background: The Town of Vail and the Colorado Department of Transportation wish to enter into an agreement with the purpose of providing capital, planning and operating assistance to support public transportation. Staff Recommendation: Staff recommends approve Resolution No. 18, Series of 2021. Langmaid made a motion to approve Resolution No. 18, Series of 2021; Coggin seconded the motion passed (6-0). 4. Town Manager Report Robson reported to council on a positive conversation some key staff had with Colorado Department of Liquor Enforcement regarding common consumption areas within the town villages. Robson congratulated the environmental team for their hard work on the Sustainable Destination recertification for the Town of Vail. He also noted in town buss services had stared back up. 5. Action Items 5.1. Parking and Transportation Task Force Recommended Summer 2021 Parking Program Presenter(s): Greg Hall, Director of Public Works and Transportation Action Requested of Council: Provide direction to the staff regarding the recommended summer 2021 Parking plan that would include directing staff to continue the paid overnight fee structure put in place during the summers of 2018 and 2019 and set the overnight fee associated with the program. Background: The purpose of this item is to provide Town Council the Parking & Transportation Task Force (PATTF) recommendation for Summer 2021 Parking Program, as follows: • Request Town Council approve the Summer 2021 Parking Program • The Vail Parking & Transportation Task Force met on April 2, 2021 to review, discuss and make recommendations for the summer 2021 parking program. The Vail Parking & Transportation Task Force makes the following recommendations: • Increase the $25 fee to $35 and provide the overnight parking program in the Vail Village and Lionshead parking structures similar to the program in summer of 2019 • Promote the benefits and availability of the Red Sandstone Garage of 72-hour free parking • Oversized parking at West Vail area will require display of a permit and will be allowed East of the West Vail Mall Bus shelter to the Charter Bus parking Area. This overnight parking will be free with the permit. Staff Recommendation: Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the summer 2021 Parking Program. May 18, 2021 - Page 19 of 161 Town Council Meeting Minutes of April 20, 2021 Page 3 Hall presented the Parking and Transportation Task Force’s recommendations for the 2021 Summer Parking Program. Hall stated the task force met on April 2nd to discuss the upcoming summer and to look back at the past summer. Last summer overnight parking fees were suspended and records showed an increase in overnight parking by 25% before 6:00 am. The task force recommended: • Increase the $25 fee to $35 and provide the overnight parking program in the Vail Village and Lionshead parking structures similar to the program in summer of 2019 • Promote the benefits and availability of the Red Sandstone Garage of 72-hour free parking • Oversized parking at West Vail area would require display of a permit and would be allowed East of the West Vail Mall Bus shelter to the Charter Bus parking Area. This overnight parking would be free with the permit. Council inquired about parking availability in the Lionshead parking structure now the new Vail Valley Hospital parking garage was finished and if parking larger vehicles at Donovan Pavilion was considered. Hall responded some hospital staff was still utilizing the structure. Donovan Pavilion was considered for overnight parking but due to events the task force did not recommend using that lot for this type of use. Coggin made a motion to approve the recommendations by the Parking and Transportation Task Force for the summer 2021 Parking Program and increase the overnight parking to $35; Langmaid seconded the motion passed (6-0). 5.2. Ford Park Summer Managed Parking Program 2021 Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Input and approval requested. Staff Recommendation: Each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountain Science Center as operators of Vail Nature Center). The proposed managed parking program calendar is attached. Hall stated due to COVID19 the managed parking program was suspended. Staff was recommending the summer activities and events calendar be approved. Council had no questions and was comfortable with staff moving forward with the calendar. 5.3. Children's Garden of Learning Relocation Project Construction Contract Negotiations Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Town Council directs the Town Manager to negotiate with MW Golden to come to an agreed upon contract price to complete construction of the project. Background: In January the Town Council awarded the Children’s Garden of Learning (CGL) Project’s modular building construction contract to Palomar Modular Buildings. The Town has May 18, 2021 - Page 20 of 161 Town Council Meeting Minutes of April 20, 2021 Page 4 since advertised the General Contractor (GC) portion of the CGL Project which includes the site work and architectural elements of the project. Despite numerous bid extensions and reaching out to several local GC’s, the Town received no bids, however there is one interested GC. Staff Recommendation: Staff recommends that the Town Council directs the Town Manager to negotiate with MW Golden to come to an agreed upon contract price to complete the work and to return on May 4 to award a contract. Kassmel provided council with a brief history on the Children’s Garden of Learning project. On January 19, 2021, the council awarded the Children’s Garden of Learning (CGL) Project’s modular building construction contract to Palomar Modular Buildings. The town advertised the General Contractor (GC) portion of the CGL Project on February 17, 2021. The GC portion of the work includes the site work, excavation, utility, building foundation, and architectural elements of the project. Despite numerous bid extensions and reaching out to several local GC’s, the town received no bids as of the final Bid Date of April 15. In an effort to keep the project moving forward, staff recommended that the town work with MW Golden to retain the necessary subcontractors and to negotiate an agreed upon contract price. Council was comfortable with the Town Manager continue to negotiate with MW Golden. 5.4. Resolution No. 19, Series of 2021, a Resolution to Adopt the Updated Goals of the Climate Action Plan for the Eagle County Community Presenter(s): Kristen Bertuglia, Environmental Sustainability Director Action Requested of Council: Approve, approve with amendments or deny Resolution No. 19, Series of 2021 Background: In 2016 over thirty (30) diverse stakeholders from the Eagle County community participated in a nine (9) month-long process to develop the Climate Action Plan (CAP)and associated goals of reducing greenhouse gas (GHG) emissions by 25% by 2025 and 80% by 2050 in accordance with the recommendations of the Intergovernmental Panel on Climate Change (IPCC). In January 2017, the Vail Town Council passed Resolution No. 2, Series of 2017 supporting the goals established in the CAP. In 2020, the CAP was updated to include an interim milestone goal of 50% reduction of GHG emissions by 2030. The Vail Town Council is being asked to approve Resolution No. 19, Series of 2021, in support of the updated CAP and goals established within. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 19, Series of 2021 Bertuglia reviewed Resolution No. 19, Series of 2021 with council which adopted the updated goals of the Climate Action Plan that were presented a few weeks prior to council for their consideration. Council had no questions. Langmaid made a motion to approve Resolution No. 19, Series of 2021; Stockmar seconded the motion passed (6-0). May 18, 2021 - Page 21 of 161 Town Council Meeting Minutes of April 20, 2021 Page 5 5.5. Ordinance No. 9, Series of 2021 Emergency Ordinance Repealing Emergency Ordinance No. 19 Series of 2020 Outdoor Mask Mandate Presenter(s): Scott Robson, Town Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9, Series of 2021 Background: On November 17, 2020, the Town Council adopted Ordinance No. 19, Series 2020, which required face coverings in the Town of Vail in certain circumstances, due to the COVID pandemic and the Town Council now wishes to repeal Ordinance No. 19, Series 2020, effective immediately Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 9, Series of 2021 Robson reviewed Ordinance No. 9, Series of 2021 with council. Robson noted the outdoor mask mandate took effect in November to parallel the public health protocols on Vail Mountain. Ordinance No. 9, Series of 2021 would lift the requirement of wearing face covering outside, but a mask or face covering requirement would remain in place on the buses due to the federal mandate. Council was in support of the ordinance but reminded everyone to social distance was possible. Doug Smith, Vail resident, requested council keep the mask mandate for 30 more additional days to allow more residents to get vaccinated. Mike Brumbaugh, Vail business owner, expressed support for eliminating the outdoor mask zone, noting the science doesn't support it. He stated the county was close to meeting its 60% vaccination goal. Bruno made a motion to approve Ordinance No. 9, Series of 2021; Coggin seconded the motion passed (6-0). 6. Public Hearings 6.1. Ordinance No. 7, Series 2021 Second Reading, An Ordinance Amending Chapter 2 of Title 4 of the Val Town Code to Authorize the Creation of Entertainment Districts in the Town Presenter(s): Tammy Nagel, Town Clerk Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 7, Series of 2021 upon first reading Background: The Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. Staff Recommendation: Approve Ordinance No. 7, Series of 2021 upon second reading May 18, 2021 - Page 22 of 161 Town Council Meeting Minutes of April 20, 2021 Page 6 Nagel reviewed Ordinance No. 7, Series of 2021 with council stating there were no changes since first reading. There was no public comment Council had no questions. Coggin made a motion to approve Ordinance No. 7, Series of 2021; Stockmar seconded the motion passed (6-0). 6.2. Ordinance No. 8, Series of 2021 Second Reading, An Ordinance Amending Section 5-1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts Between the Hours of 2:00 P.M. and 8:00 P.M. Presenter(s): Scott Robson, Town Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2021 upon Second reading. Background: Vail Town Council directed staff to recommend changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and Lionshead Village while being respectful of the combination of commercial and residential neighborhoods. Staff Recommendation: Approve Ordinance No. 8, Series of 2021 upon Second reading. Robson reviewed Ordinance No. 8, Series of 2021 with council stating there were no changes since first reading. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 8, Series of 2021; Stockmar seconded the motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (6-0) and the meeting adjourned at 7:46 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 23 of 161 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. 8, S eries of 2021, A R esolution of the Vail Town Council A pproving a Master L ease B etween the Town of Vail and the Vail Corporation, D B A Vail A ssociates I nc. ("VA I ") AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications or deny Resolution No. 8, Series of 2021 B AC K G RO UND: Vail Associates I nc desire to lease f rom the Town of Vail 37 of the Timber Ridge A partments together with 27 parking spaces to sublease those units to their employees. S TAF F RE C O M M E ND AT I O N: Approve, approve with modifications or deny Resolution No. 8, S eries of 2021 AT TAC H ME N TS : Description Resolution No. 8, S eries of 2021 May 18, 2021 - Page 24 of 161 1 RESOLUTION NO. 8 SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A MASTER LEASE BETWEEN THE TOWN OF VAIL AND THE VAIL CORPORATION, DBA VAIL ASSOCIATES INC. (“VAI”) WHEREAS, the Town is the owner of the Timber Ridge Village Apartments located at 1280 North Frontage Road, Vail, Colorado 81657 (the “Apartments”); WHEREAS, VAI desires to lease from the Town 37 of the Apartments, together with 27 parking spaces, to sublease those units; and WHEREAS, the Town is willing to lease such units to Lessee under the terms and conditions stated in the Master Lease, attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Master Lease in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the Master Lease on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of May 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 25 of 161 1 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX MASTER LEASE THIS MASTER LEASE (the "Lease") is made and entered into as of ______________, 2021 (the “Effective Date”) by and between the Town of Vail, a Colorado home rule municipality (the "Town”), and the Vail Corporation, a Colorado corporation d/b/a Vail Associates, Inc. (“Lessee”) (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town is the owner of the Timber Ridge Village Apartments located at 1280 North Frontage Road, Vail, Colorado 81657 (the "Apartments”); WHEREAS, Lessee employs large numbers of persons requiring housing of the type afforded by the Apartments, and desires to lease from the Town 37 of the Apartments, together with 27 parking spaces, to sublease those units; and WHEREAS, the Town is willing to lease such units to Lessee under the terms and conditions stated in this Lease. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Lease. The Town leases to Lessee, and Lessee leases from the Town, the 37 units of the Apartments (each a “Unit”, and collectively the “Units”) listed on Exhibit A, attached hereto and incorporated herein by this reference, as well as 27 parking spaces for the Units. The Town retains the reasonable right to change, alter, abolish or add to any of the appurtenances of the Units, as may seem best to the Town, and to dispose of or rent any other portion of the Apartments as the Town elects. 2. Term. The initial term of this Lease shall be 12 months, commencing on June 1, 2021 and terminating on May 31, 2022. 3. Rent. a. Lessee shall pay the Town as rent (“Rent”), without right of setoff and regardless of whether there is in effect a Sublease with respect to any Unit, $1,535 per month per Unit, other than the 37th Unit, which shall be used for office space and which shall be leased to Lessee at no charge. b. Rent shall be due and payable as a single sum, in advance, on or before 12:00 noon on the first day of each month at the office. If any Unit is subject to this Lease for a partial month, the Rent for that month shall be prorated on a per diem basis. c. Rent not paid by 8:00 a.m. on the 5th day of the month in which due shall be subject to an initial late charge equal to 5% of the total amount due plus $5 per day per Unit until paid in full. 4. Subleasing. Lessee may sublease its Units to subtenants (“Subtenants”) for rental not greater than the aggregate amount of Rent payable under this Lease. Any such May 18, 2021 - Page 26 of 161 2 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX arrangement will be pursuant to a sublease in form and substance reasonably acceptable to the Town (the "Sublease"). The terms of any Sublease will be as Lessee determines to be appropriate in its discretion (but in no event extending beyond the term of this Lease) and subject to such reasonable qualifications and restrictions as the Town from time to time imposes with respect to tenants of the Apartments generally. 5. Possession and Quiet Enjoyment. Upon the payment of Rent and the performance of all terms of this Lease, Lessee and any Subtenants shall at all times peaceably possess and enjoy the leased Units without any disturbance from the Town. 6. Maintenance and Repairs. a. The Town shall be responsible for maintaining the following: the structural portions of the Units; the pipes, roof, heating systems, plumbing and plumbing systems serving any of the common areas or the Units; power supplies; exterior windows, doors, equipment and appliances on or about the common areas and the Units. Lessee shall be responsible for all other maintenance of the Units. b. Lessee shall perform snow removal on walkways, sidewalks, decks and stairs located in Buildings L and M and Unit 37. Should Lessee fail to perform such snow removal, Lessee shall reimburse the Town for any costs incurred by the Town in performing such snow removal. c. All repairs and maintenance shall be made promptly, as and when necessary, taking into account the circumstance and priority of the repair or maintenance and its impact to Lessee’s or Subtenants' use of the Units and common areas and the impact to other Units in the building. All such repairs, replacements and maintenance shall be in quality and class at least equal to the original work. Lessee acknowledges that non-emergency repair and maintenance requests are placed in queue in combination with repairs and projects throughout the entire Apartments, and repairs are addressed in the order received by the Town. d. Notwithstanding any other provisions to the contrary herein, if repairs or maintenance are necessary as a result of Lessee's or any Subtenant’s gross negligence, Lessee shall be responsible for such repairs and maintenance. If Lessee fails to make such repairs, the Town may, but shall not be required to, make such repairs and bill all costs associated with such repairs to Lessee. 7. Covenants of Lessee and Subtenants. Lessee agrees to, and by the terms of the Subleases shall cause all Subtenants to agree to: a. Comply with all reasonable rules and regulations of the Town for the protection of the building or the general welfare and comfort of the residents of the Apartments, including those stated in Exhibit B, attached hereto and incorporated herein by this reference; provided, however, that to the extent that any such rules and regulations conflict with the terms of this Lease, the terms of this Lease shall control; May 18, 2021 - Page 27 of 161 3 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX b. Keep the Units in as good order and condition as when the Units were entered by Lessee, ordinary wear excepted; c. Except as otherwise permitted in this Lease, to sublet no part of a Unit nor assign this Lease or any Sublease without the express prior written consent of the Town; d. Neither hold nor attempt to hold the Town, or its agents liable for any injury or damage to person or property either proximate or remote, arising from the acts of Lessee, any Subtenant, any resident of any Unit, any guest of any such resident, or of any owners or occupants of adjoining property; e. Allow the Town or its employees or agents to enter any Unit at any time to make emergency repairs, or, upon reasonable notice to Lessee and any affected Subtenant, to inspect the Unit, or within 30 days prior to the end of the term of this Lease, to show the Units to prospective subtenants; and f. Allow a maximum of 3 occupants in each Unit. g. Successfully enforce quiet hours between 10:00 p.m. to 8:00 a.m., control noise disturbances at all times, and report to the Town all incidents and police activity and all actions taken by Lessee regarding any incidents within 72 business hours. 8. Utilities. a. The Town shall arrange for provision to the Units of electricity, connection to basic cable television service, water, sewer, trash removal and recycling. b. The Town shall be solely responsible for the cost and expense of water, sewer, snow removal, trash removal and recycling. Lessee is solely responsible for the cost of electricity. The individual Subtenants shall be solely responsible for activating the cable service in their names and for the cost of the cable service. c. In the event of excessive use or waste of any utility services provided to any Unit, the Town may at its option cause such services to be separately metered and if it does so Lessee shall pay the metered amount monthly. d. The Town shall furnish heat to the Units during the usual heating season, and such costs shall be borne by Lessee as electricity costs. e. The Town shall not be liable for any claim of damages, rebate or charge of any kind in case of the interruption of utility or other services to the Units occasioned by accident, failure of power supply or any other cause beyond the Town's control. 9. Security Deposit. a. Lessee shall submit to the Town a security deposit in the amount of $56,795, in cash (the "Security Deposit"). The Security Deposit and any other deposits May 18, 2021 - Page 28 of 161 4 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX may, but are not required to be, deposited into an interest-bearing account by the Town. Interest, if any, earned on such deposits shall be solely the property of the Town. b. In no event shall the Security Deposit be applied to Rent or utility charges. c. The Security Deposit is subject to deduction or forfeiture for unpaid Rent, late payments, returned check charges, damage to a Unit, its contents or common areas, smoke or stain removal, unreturned keys, administrative charges, re-letting fees, collection costs and cleaning charges. Time spent by the Town or its designee for repairs or maintenance shall be billed at a minimum hourly rate of $25, and shall be deducted from the Security Deposit. d. If deducted from or forfeited against for any reason, the Security Deposit shall be replenished up to the original amount within 30 days. e. Lessee and the Town shall complete the Building Condition Form, attached hereto as Exhibit C and incorporated herein by this reference, in evaluating the condition of each building prior to accepting possession, and once again upon releasing possession back to the Town at the termination of this Lease. f. Within 60 days of the expiration or termination of this Lease, the Town shall return the Security Deposit, subject to any lawful withholdings. 10. Holding Over. If after the expiration or termination of this Lease, Lessee or any Subtenants remain in possession of any Units, with the permission of the Town but without written modification of this Lease extending the term of this Lease or modifying the amount of Rent, such possession shall not constitute a renewal of this Lease, and Lessee shall be a tenant, and any Subtenants shall be subtenants or licensees (as applicable), of the affected Units from month-to-month at a monthly rent equal to 150% of the Rent payable under this Lease for the last month of the term of this Lease, but otherwise subject to all of the other terms and conditions of this Lease. Notwithstanding the foregoing, if Lessee or any Subtenants remain in possession of any Units after the expiration of this Lease, and Lessee and the Town are simultaneously engaged in good faith negotiations to enter into a new Lease, Lessee’s or the Subtenant’s possession of the affected Units shall be month-to-month at a monthly rent equal to the Rent for the previous Lease year and subject to the terms and conditions of this Lease. 11. Default. a. The following shall be considered a Lessee Default under this Lease: if Lessee fails to pay Rent, utility charges, or other charges; is in default of any provision of this Lease, and such default continues for 10 days after the Town has given written notice thereof; or if Lessee becomes insolvent, makes any assignment for the benefit of its creditors, or files any petition or order for relief under the federal bankruptcy laws. b. If a Lessee Default occurs, the Town may, without waiving any other rights hereunder or available to the Town at law or in equity, terminate this Lease, in which event this Lease and the leasehold estate hereby created and all interest of Lessee and all May 18, 2021 - Page 29 of 161 5 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX parties claiming by, through, or under Lessee shall automatically terminate upon the effective date of such notice; and the Town, its agents or representatives, may, without further demand or notice, reenter and take possession of the Property and remove all persons and property from the Property with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for existing breaches hereof. c. The rights and remedies stated in this Section are cumulative, and do not limit or impair any other right or remedy at law or in equity. 12. Casualty Loss. a. If any of the Units are rendered untenable or are damaged or destroyed by fire or other casualty and if in the Town’s reasonable determination such repairs or rebuilding cannot be substantially completed within thirty days after the occurrence of such casualty, then: (i) this Lease shall terminate only as to the affected Units and all Rent and Utility Charges for the affected Units shall be payable with respect to the period ending upon the date of such injury or damage; and (ii) the Town shall thereafter offer Lessee alternative units in substitution for the Units affected by such casualty loss, if available, and Lessee shall accept such alternative units if and to the extent such alternative units are acceptable to Lessee. b. If any of the Units are rendered untenable or are damaged or destroyed by fire or other casualty and the Town determines to rebuild or repair such Units, and if in the Town’s determination such repairs or rebuilding can substantially be completed within 30 days, the Town shall do so with reasonable diligence and this Lease and the Subleases of the affected Units shall not be affected, except that the Rent and utility charges for the affected Units (or a just and proportionate part thereof according to the nature and extent of the damage which has been sustained) shall be abated until the affected Units have been so repaired and restored. c. Notwithstanding the foregoing, if any of the Units are rendered untenable by reason of fire or other casualty, Lessee may, in its sole discretion, terminate this Lease with regard to the affected Units, and Lessee’s obligations under this Lease shall be terminated effective as of the termination date. If the Lease is terminated as to less than all of the Units, Rent will be reduced by the per-Unit rental amount (in effect at such time) multiplied by the number of Units for which this Lease has been terminated. 13. Insurance. a. During the term of this Lease, the Town shall provide and keep in force: (i) Comprehensive general liability insurance to include coverage for bodily injury, property damage, death and personal injury (employee and contractual liability exclusions deleted), contractual liability (including coverage for the contractual liability of the Town for performance of the indemnification provisions of this Lease); and broad form property damage, with limits of not less than $1,000,000 each occurrence combined single limit for bodily injury, property May 18, 2021 - Page 30 of 161 6 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX damage and personal injury and $2,000,000 aggregate for bodily injury and property damage. (ii) An umbrella policy with limits not less than $2,000,000 over the primary comprehensive general liability policy. (iii) Property insurance covering the Property. (iv) Fire and extended coverage insurance for all risks, vandalism and malicious mischief, sprinkler damage, boilers and rental loss with respect to the Property. b. Lessee acknowledges that the Town’s insurance does not cover the personal property of Lessee, any Subtenants, or any of their guests. Lessee shall advise Subtenants to purchase insurance coverage for loss to personal property due to fire, theft, water damage and other unfortunate events, liability coverage, and other appropriate insurance coverage. 14. Indemnification. Lessee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Lease if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Lessee, any subcontractor of Lessee, or any officer, employee, representative, or agent of Lessee, or which arise out of a worker's compensation claim of any employee of Lessee or of any employee of any subcontractor of Lessee. 15. Successors and Assigns. This Lease shall be binding on the Parties and their permitted successors and assigns. Except as expressly permitted by this Lease, Lessee shall not assign any of its rights or obligations under this Lease or sublet any of the Units without the prior written consent of the Town, such consent not to be unreasonably withheld. Any assignment of a Sublease without such consent shall be void. 16. Termination. a. The Town may terminate this Lease with or without cause by giving 60 days advance written notice. b. Lessee may terminate this Lease with or without cause by giving 60 days advance written notice, provided that, if Lessee terminates this Lease without cause, Lessee shall pay to the Town, as an early termination penalty, the remaining amount due under this Lease and all its renewal terms. c. If the Town terminates this Lease, Lessee shall cause all of the Units to be vacated. If any Subtenants remain after the 60-day period, Lessee shall be responsible for all costs associated with eviction of such Subtenants. May 18, 2021 - Page 31 of 161 7 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX 17. Notice. Any notices shall be in writing and shall be deemed sufficiently given if delivered personally or sent by first class United States mail, addressed as follows: If to the Town: If to Lessee: The Town of Vail Vail Associates, Inc. 75 S. Frontage Road West 390 Interlocken Crescent, Suite 1000 Vail, CO 81657 Broomfield, CO 81658 Attn: George Ruther Attn: Legal Department 18. Miscellaneous. a. Modification. This Lease shall not be modified except as agreed in writing by the Parties. b. Governing Law and Venue. This Lease shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. c. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Lease by the Town shall not constitute a waiver of any of the other terms or obligation of this Lease. d. Integration. This Lease constitutes the entire agreement between the Parties, superseding all prior oral or written communications. e. Third Parties. There are no intended third-party beneficiaries to this Lease. f. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Lease, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. g. Rights and Remedies. The rights and remedies of the Town under this Lease are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted. h. 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. May 18, 2021 - Page 32 of 161 8 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX IN WITNESS WHEREOF, the Town and Lessee have executed this Lease as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk LESSEE By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2021, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public May 18, 2021 - Page 33 of 161 9 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX EXHIBIT A UNITS Unit # 1 L-1 2 L-2 3 L-3 4 L-4 5 L-5 6 L-6 7 L-7 8 L-8 9 L-9 10 L-10 11 L-11 12 L-12 13 L-13 14 L-14 15 L-15 16 L-16 17 L-17 18 L-18 19 M-1 20 M-2 21 M-3 22 M-4 23 M-5 24 M-6 25 M-7 26 M-8 27 M-9 28 M-10 29 M-11 30 M-12 31 M-13 32 M-14 33 M-15 34 M-16 35 M-17 36 M-18 37 MO-01 (Office) May 18, 2021 - Page 34 of 161 10 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX EXHIBIT B RULES AND REGULATIONS Lock Outs – If you lock yourself out of your unit after hours, you may contact the answering service by phone at 970476-6759, who will then relay the message to Timber Ridge Village on-call maintenance staff. There is a $30.00 charge for after-hours lock outs. Quiet Hours – Quiet hours are between 10:00 p.m. until 8:00 a.m. Failure to comply may result in eviction. Please report any excessive noise to the Vail Police Department at 970-479-2200. Windows – Storm windows and screens must remain in place at all times. Any missing or broken windows or screens will be repaired or replaced by Timber Ridge Village staff and charges will be assessed to your account. Laundry Facilities – Laundry facilities are located on the west end of the main office building on the upper and lower levels. Laundry facilities are open from 8:00 a.m. to 10:00 p.m. every day. Please keep laundry room doors closed at all times and dispose of all trash in the provided trash receptacles. Washing machine, dryer and coin machine malfunctions may be reported to MacGray at 1-800-622-4729. Vending machine malfunctions may be reported to Alpine Vending at 970-949-1379. Decks, Walkways & Stairwells – Decks, walkways and stairwells may not be used for storage. Signs, banners, flags, windsocks and posters are not permitted in any of these areas or on the exterior of the buildings. Drying or hanging garments, cleaning and drying of towels is not permitted. Bicycles may not be stored in these areas. Doghouses, hammocks, patio enclosures, awnings, sunscreens, tiki torches, silk plants, wind chimes, trash bags and barbecue grills are prohibited. Satellite dishes must abide by the Satellite Dish Addendum. Dumpsters & Trash – Dumpsters are located throughout the property. All trash must be bagged and tied. No furniture or hazardous materials car batteries, propane tanks, oil, etc.) are permitted. Trash may not be placed on patios, walkways, stairwells or outside of dumpsters. Violation of trash policies will result in a minimum $20.00 fine per occurrence. Multiple violations will result in a report of littering to the Vail Police Department. These Rules & Regulations may be amended at any time. I have read and understand the above property policies and understand that a violation of any of these policies will result in a lease violation, and multiple violations may result in eviction. ________________________________ ____________ Subtenant Date May 18, 2021 - Page 35 of 161 11 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX EXHIBIT C MOVE-IN AND CONDITION FORM STATEMENT OF BUILDING CONDITION MUST BE RETURNED TO CORUM WITH IN 3 DAYS OF MOVE IN DATE DATE OF INSPECTION: _____________________________________________________________________ M CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C Bedroom C M2 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M3 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M4 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M5 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A May 18, 2021 - Page 36 of 161 12 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX Bedroom B Bedroom C M6 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M7 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M8 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M9 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M10 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M11 CONDITION STATUS COMMENTS Living Room Kitchen May 18, 2021 - Page 37 of 161 13 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX Bathroom Bedroom A Bedroom B Bedroom C M12 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M13 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M14 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M15 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M16 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M17 CONDITION STATUS COMMENTS May 18, 2021 - Page 38 of 161 14 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M18 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C Notes: ____________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ I hereby acknowledge that the above is an accurate statement of the condition of the unit at the time of my taking occupancy. Vail Signature: __________________________________________ Date: ________________________ Property Manager Signature: __________________________________________ Date: ________________________ May 18, 2021 - Page 39 of 161 15 5/18/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\MASTER LEASE-A051421.DOCX EXHIBIT D MANAGEMENT 1. On-Site Management: Lessee shall provide on-site management 5 days/week during the fall check-in period and during the winter season for the management of Subtenant issues, including inspections of Units to control unauthorized occupancy. 2. Notification of Turnover: Lessee shall notify the Town’s managing agent of a unit turnover 2 days prior to the move-out date of that unit. Lessee manages its turnover procedure with Subtenants, and neither Town nor its agents shall interfere with Lessee’s management of its turnover procedure. 3. Move-out Procedure: Lessee shall complete a move-out inspection form within 48 hours of a Unit or bedroom vacancy. Lessee shall return the form to the Town to assess damage charges. 4. Monthly Unit Inspection Procedure: Lessee shall complete monthly inspection of all Units. Lessee shall also inspect for unreported service requests and damage issues, to ensure the Unit is free of hazards and in proper working order. Lessee shall complete the inspection and return its findings to the Town on or before the 28th of each month. May 18, 2021 - Page 40 of 161 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. 20, Series of 2021, a Resolution of the Vail Town C ouncil A pproving a F irst A mendment to the L ot 3, Middle Creek D evelopment A greement between the Town of Vail and Triumph Development West, L L C . AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments, or deny Resolution 20, S eries 2021. B AC K G RO UND: On March 2, 2021, the Vail Town C ouncil approved Resolution No. 10, Series of 2021, approving an agreement with Triumph Development for the development of L ot 3, Middle Creek (Residences at Main Vail). Contained within is a provision setting forth a deadline for approving a development agreement for the subsequent redevelopment of the Timber Ridge Village Apartments. Given time constraints and focused ef f orts to obtain an entitlement approval f or the Residences at Main Vail this has not yet happened. S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments, or deny R esolution 20, S eries 2021. AT TAC H ME N TS : Description Memo Resolution 20, S er ies 2021 May 18, 2021 - Page 41 of 161 To: Vail Town Council From: George Ruther, Housing Director Date: May 18, 2021 Subject: Resolution No. 20, Series of 2021, a resolution approving the first amendment to the Lot 3 Development Agreement between the Town of Vail and Triumph Development West, LLC. 1. SUMMARY The purpose of this memorandum is to provide a summary of Resolution No. 20, Series of 2021. As proposed, the approval of this resolution authorizes a change to the deadline set forth in Section 8 a.iv. of the Development Agreement (“DA”) from May 5, 2021 to June 28, 2021. The remainder of the agreement shall remain unchanged and remain in full force and effect. 2. BACKGROUND On March 2, 2021, the Vail Town Council approved Resolution No. 10, Series of 2021, approving an agreement with Triumph Development for the development of Lot 3, Middle Creek (Residences at Main Vail). Contained within is a provision setting forth a deadline for approving a development agreement for the subsequent redevelopment of the Timber Ridge Village Apartments. Given time constraints and focused efforts to obtain an entitlement approval for the Residences at Main Vail this has not yet happened. At this time, the parties acknowledge that each wish to change the deadline to June 28, 2021 with no other changes requested. 3. RECOMMENDATIONS The Town staff recommends the Vail Town Council approves Resolution No. 20, Series of 2021, as presented. As presented, the change grants the parties additional time to complete the entitlement process for the Residences at Main Vail and further negotiate the terms of a development agreement for the Timber Ridge Village Apartments property. May 18, 2021 - Page 42 of 161 1 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX RESOLUTION NO. 20 SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A FIRST AMENDMENT TO THE LOT 3, MIDDLE CREEK DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH DEVELOPMENT WEST, LLC WHEREAS, on March 2, 2021 the Vail Town Council approved Resolution No. 10, Series of 2021, a resolution approving the Lot 3, Middle Creek Development Agreement (the “Development Agreement”) with Triumph Development West LLC for the development of Lot 3, Middle Creek; WHEREAS, the Town and Triumph Development West, LLC wish to amend Section 8(a)(iv) of the Development Agreement to change the deadline therein from May 5, 2021 to June 28, 2021, as set forth in Exhibit A, attached hereto and incorporated herein by this reference (the “Amendment”); WHEREAS, the remainder of the Development Agreement shall remain unchanged and remain in full force and effect; and WHEREAS, the Town Council finds it in the best interest of the public health, safety and welfare to approve Resolution No. 20, Series of 2021. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Amendment in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute the Amendment on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of May 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 43 of 161 2 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Lot 3, Middle Creek) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First Amendment") is made this ____ day of _______________, 2021 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town") and Triumph Development West LLC, a Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail, CO 81657 (“Triumph”) (each individually a "Party" and collectively the "Parties"). WHEREAS, on March 2, 2021, the Parties entered into a Development Agreement (the "DA") for a project on the real property described as Lot 3, Amended Final Plat Middle Creek Subdivision, a Resubdivision of Lot 1, County of Eagle, State of Colorado; and WHEREAS, the Parties wish to amend the DA. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. The deadline set forth in Section 8.a.iv. of the DA is hereby changed from May 5, 2021 to June 28, 2021. 2. The remainder of the DA shall remain unchanged and in full force and effect. WHEREFORE, the Parties have executed this First Amendment as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: _________________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 44 of 161 3 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX TRIUMPH DEVELOPMENT WEST LLC By:_____________________________ Name:___________________________ Title:____________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by _____________________ as _________________________ of Triumph Development West LLC, a Delaware limited liability company. My commission expires: __________________ _______________________________ Notary Public May 18, 2021 - Page 45 of 161 4 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX May 18, 2021 - Page 46 of 161 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 21, S eries 2021, A R esolution of the Vail Town Council A pproving an I ntergovernmental A greement between the Town of Vail and the Town of Avon for Building I nspection C overage S ervices. AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Resolution 21, S eries 2021. B AC K G RO UND: T he Town of Vail and the Town of Avon desire to cooperate to allow T he Town’s building inspectors to perform building inspections in Avon when Avon’s building inspectors are unavailable or on vacation. S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Resolution 21, S eries 2021. AT TAC H ME N TS : Description Resolution No. 21 S eries of 2021 IG A with Avon May 18, 2021 - Page 47 of 161 1 5/13/2021 S:\TOWN COUNCIL AGENDA ITEMS\2021\051821\RESOLUTION NO. 21 SERIES OF 2021 - IGA BUILDING INSPECTION SERVICES AVON_.DOCX RESOLUTION NO. 21 SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE TOWN OF AVON FOR BUILDING INSPECTION COVERAGE SERVICES WHEREAS, the Town of Vail and the Town of Avon desire to cooperate to allow The Town of Vail’s building inspectors to perform building inspections in Avon when Avon’s building inspectors are unavailable or on vacation, as further set forth in Exhibit A, attached hereto and made a part hereof by this reference. (the "IGA"); and WHEREAS, the parties find and determine that it is in the best interest of the public that each serves to enter into the IGA to provide for the provision of Building Inspection Coverage; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of May 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 48 of 161 1 5/13/2021 S:\TOWN COUNCIL AGENDA ITEMS\2021\051821\AVON INSPECTION IGA-A050421-JMM.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this ____ day of _______________, 2021 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the “Town”), and the Town of Avon, a Colorado home rule municipality with an address of P.O. Box 975, Avon, CO 81620 ("Avon") (each a "Party" and collectively the "Parties"). WHEREAS, the Parties desire to cooperate to allow The Town’s building inspectors to perform building inspections in Avon when Avon’s building inspectors are unavailable or on vacation (the "Building Inspection Coverage"); and WHEREAS, the Parties find and determine that it is in the best interest of the public that each serves to enter into this Agreement to provide for the provision of Building Inspection Coverage. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the receipt and sufficiency of which is mutually acknowledged, the Parties: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties with regard to the provision of Building Inspection Coverage. 2. Term. The term of this Agreement shall begin immediately upon execution and shall continue through December 31, 2021 and shall be automatically renewed for up to 5 additional one-year terms unless terminated by written notice, such notice given not less than 30 days prior to the end of the year, unless otherwise agreed to by the Parties. In addition, either Party may terminate this Agreement with or without cause at any time by giving the other Party written notice of such termination not less than 30 days prior to such termination date. 3. Building Inspection Coverage. By written notice provided at least 10 business days in advance, Avon may request that the Town's building inspectors provide substitute coverage for Avon's building inspectors who are unavailable, and the Town, at its sole option based on Vail's own workload, may make its building inspectors available to Avon during this period. 4. Building Inspectors Credentials. The Town's building inspectors who provide the Building Inspection Coverage shall at all times have and maintain all licenses, certificates, credentials, and education as are required by applicable law. 5. Compensation. a. Avon shall pay the Town $85 per hour for all inspections, with a minimum of one-hour charge for each inspection, plus an $85 trip charge for drive time to and from Avon for each inspection. May 18, 2021 - Page 49 of 161 2 5/13/2021 S:\TOWN COUNCIL AGENDA ITEMS\2021\051821\AVON INSPECTION IGA-A050421-JMM.DOCX b. The Town shall provide invoices to the Avon monthly, by the first week of the following month, and Avon shall pay the invoices within 30 days of receipt. 6. Independent Contractors. In performing any acts or duties under this Agreement, the Town's building inspectors will remain employees of the Town for all purposes, including but not limited to, all employment-related laws and regulations, and shall not be considered an employee of Avon. It is expressly acknowledged and understood by the Parties that nothing contained in this Agreement shall result in, or be construed as, establishing an employment relationship. The Town's building inspectors shall perform as independent contractors. 7. Insurance. Each party shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from the provision of this Agreement. 8. Hold Harmless. The Parties agree to hold each other harmless from any and all losses, costs, damages, injuries, liability, claims, liens, demands, actions, and causes of action whatsoever, arising out of or related to their own intentional or negligent acts, errors or omissions, or those of their agents, officers, servants and employees, whether contractual or otherwise, related to performance or lack of performance of this Agreement. 9. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. May 18, 2021 - Page 50 of 161 3 5/13/2021 S:\TOWN COUNCIL AGENDA ITEMS\2021\051821\AVON INSPECTION IGA-A050421-JMM.DOCX h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Parties and their officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Parties and their officers, attorneys or employees. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: _______________________________ Tammy Nagel, Town Clerk TOWN OF AVON, COLORADO ________________________________ Eric Heil, Town Manager ATTEST: _______________________________ Brenda Torres, Town Clerk May 18, 2021 - Page 51 of 161 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. 22 S eries of 2021, An I ntergovernmental A greement f or Fire and E mergency Medical Services A utomatic or Mutual A id B etween the Town of Vail, the Eagle River F ire Protection District, the Greater E agle F ire Protection D istrict and the Gypsum Fire Protection District AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments, or deny Resolution No. 22 Series of 2021 B AC K G RO UND: See attached memorandum S TAF F RE C O M M E ND AT I O N: A pprove, approve with amendments, or deny Resolution No. 22 Series of 2021 AT TAC H ME N TS : Description Staff Memo Re R esolution N o. 22 Series of 2021 Resolution No. 22, Series of 2021 E X H B IT A Mutual Aid IG A May 18, 2021 - Page 52 of 161 To: Town Council From: Mark Novak, Fire Chief Date: May 18, 2021 Subject: Resolution No 22, Series of 2021: Town of Vail-Eagle River Fire Protection District-Greater Eagle Fire Protection District-Gypsum Fire Protection District, Auto/Mutual Aid IGA. I. Purpose: The purpose of this memo is to provide Town Council with explanatory information regarding Resolution No. 22, Series of 2021: Town of Vail-Eagle River Fire Protection District-Greater Eagle Fire Protection District-Gypsum Fire Protection District, Auto/Mutual Aid IGA. II. Background: Mutual and automatic aid are important tools that are used throughout the fire service. Mutual aid allows for one agency to request the assistance of another agency. Typically, the need for mutual aid arises when the requesting agency requires additional resources to mitigate an incident or there are more concurrent incidents than the requesting agency has resources to handle. Automatic aid allows the dispatch center to automatically dispatch the closest resource to an incident, regardless of jurisdiction. The advantage of automatic aid is that it eliminates the need for a member of the requesting agency to make a formal request for aid. The net effect of this is a reduction in total response time. This existing mutual aid agreement between Eagle County fire agencies does not provide for automatic aid or closest unit dispatching. This IGA specifically provides for automatic aid and closest unit dispatching as well as clarifying that automatic and mutual aid is provided for all incident types, not just fire incidents. The updated Mutual/Automatic Aid IGA will formalize current practice. As is standard in most mutual/automatic aid agreements, both parties retain the ability to decline a mutual aid request or an automatic aid dispatch. III. Staff Recommendation Approve Resolution N0. 22, Series of 2021, authorizing the Town Manager to enter into the IGA between the Town of Vail, Eagle River Fire Protection District, Greater Eagle May 18, 2021 - Page 53 of 161 Town of Vail Page 2 Fire Protection District and Gypsum Fire Protection District for the provision of mutual and automatic aid. May 18, 2021 - Page 54 of 161 1 RESOLUTION NO. _22_ SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AUTOMATIC OR MUTUAL AID BETWEEN THE TOWN OF VAIL, THE EAGLE RIVER FIRE PROTECTION DISTRICT (THE “ERFPD”), THE GREATER EAGLE FIRE PROTECTION DISTRICT (THE “GEFPD”) AND THE GYPSUM FIRE PROTECTION DISTRICT (THE “GFPD”) WHEREAS, the Town of Vail, the ERFPD, the GEFPD, and the GFPD are neighboring jurisdictions that currently maintain and operate fire departments providing comprehensive fire suppression, fire prevention and emergency medical services to people and properties within their jurisdictions; WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands or intensity than the manpower or equipment of either party can separately handle; WHEREAS, it is the desire of the above-referenced parties to enter into the intergovernmental agreement, attached hereto as Exhibit A and incorporated herein by this reference (the “IGA”), to ensure that each party can provide an adequate response to any emergency situation within their jurisdiction; WHEREAS, intergovernmental agreements to provide the sharing of functions and services are specifically authorized by C.R.S. Section 29-1-203; and WHEREAS, the Town, the ERFPD, the GEFPD, and the GFPD have determined that it is in the best interest of the public that each serves to enter into the IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of May 2021. May 18, 2021 - Page 55 of 161 2 _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 56 of 161 Page 1 of 7 {00816902.DOCX / 3 } AN INTERGOVERNMENTAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AUTOMATIC OR MUTUAL AID BETWEEN THE TOWN OF VAIL, THE EAGLE RIVER FIRE PROTECTION DISTRICT, THE GREATER EAGLE FIRE PROTECTION DISTRICT AND THE GYPSUM FIRE PROTECTION DISTRICT THIS AGREEMENT is made and entered into this ________day of _________________, 2021 by and between the Town of Vail, a Colorado home rule municipality ("TOV”), the Eagle River Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado ("ERFPD"), the Greater Eagle Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado (“GEFPD”), and the Gypsum Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado (“GFPD”). RECITALS WHEREAS, the TOV, ERFPD, GEFPD, and GFPD are neighboring jurisdictions that currently maintain and operate fire departments providing comprehensive fire suppression, fire prevention and emergency medical services to people and properties within their jurisdictions; and WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands or intensity than the manpower or equipment of either party can separately handle; and WHEREAS, it is the desire of all parties that they enter into agreements to ensure that each can provide adequate response to any emergency situation within their jurisdiction; and WHEREAS, intergovernmental agreements to provide the sharing of functions and services are specifically authorized by C.R.S. Section 29-1-203, WHEREAS, the TOV, ERFPD, GEFPD, and GFPD have determined that it is in their best interests to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the TOV, ERFPD, GEFPD, and GFPD as regards to each party's provision of fire and emergency medical automatic aid services. 2. Provision of Automatic Aid and Response Area. Automatic Aid shall apply to all incidents requiring the need of a fire department, including, but not limited to, structure fires in residential, commercial, industrial and recreational properties, reported hazardous materials incidents and smoke or odor investigations in a structure, motor vehicle fires and crashes (with or without May 18, 2021 - Page 57 of 161 Page 2 of 7 {00816902.DOCX / 3 } injuries) and emergency medical services. The Automatic Aid applies to all emergency calls received by the Vail Public Safety Communications Center (VPSCC) for incidents occurring within the jurisdiction of the TOV, ERFPD, GEFPD or GFPD. The TOV, ERFPD, GEFPD and GFPD agree to operate under a closest forces, regardless of jurisdiction, concept. By mutual agreement, specific response zones, apparatus, or call types may be exempted from the closest forces concept. All parties shall be excused from providing such assistance if at the time of the request such party, in its sole discretion, determines that, because of an existing emergency or other unavailability of equipment, supplies, or personnel, it is unable to provide the requested assistance. 3. Provision of Mutual Aid and Response Area. Mutual Aid shall apply to all incidents requiring the need of a fire department, including, but not limited to, structure fires in residential, commercial, industrial and recreational properties, reported hazardous materials incidents and smoke or odor investigations in a structure, motor vehicle fires and crashes (with or without injuries) and emergency medical services where the first responder requests Mutual Aid from the other party. The Mutual Aid applies to all emergency calls received by the VPSCC for incidents occurring within the response area of the TOV, ERFPD, GEFPD and GFPD. Where assistance is requested by a jurisdiction, any party shall be excused from providing such assistance if at the time of the request such party, in its sole discretion, determines because of an existing emergency or other unavailability of equipment, supplies or personnel it is unable to provide the requested assistance. 4. Personnel and Equipment. The Fire Chiefs of the TOV, ERFPD, GEFPD, and GFPD shall establish a response plan regarding the deployment of personnel and equipment to emergency incidents under this Agreement. 5. Incident Command. The first arriving unit in response to any emergency will establish an incident command structure, including designation of an Incident Commander that is consistent with Standard Operating Procedures of a nationally accepted Incident Management System. All responding personnel will operate under the command structure and perform all required duties in assigned groups and/or divisions. If it becomes necessary to transfer incident command during an incident, command shall be transferred to the Authority Having Jurisdiction (AHJ). Each agency shall be responsible for completion of the reporting process in accordance with their department's policies. 6. Radio Communications. The TOV Fire Department, and the ERFPD, GEFPD, and GFPD shall operate on an 800 MHz radio system with compatible radio channels, or the VHF radio system with compatible radio channels. The-radio channel for any emergency response will be based upon the location and/or type incident. The channel assigned by the dispatch center will be utilized unless the Incident Commander selects to utilize another channel. All departments will follow established radio protocols. 7. Interdepartmental Training – Cooperation. The parties, through their respective fire chiefs, agree to create a schedule for joint training exercises between the stations most likely to provide services. The parties, through their respective fire chiefs, agree to periodically meet to review May 18, 2021 - Page 58 of 161 Page 3 of 7 {00816902.DOCX / 3 } procedures, equipment and operations. At a minimum, joint training shall be completed on a biannual basis. The TOV Fire, ERFPD, GEFPD and GFPD agree to cooperate in an annual evaluation of this Agreement in order to ensure that terms of the Agreement are providing an efficient enhancement of both parties' ability to protect lives and property. The parties agree to work diligently and cooperatively to correct any deficiencies noted in these meetings to deliver the best service to each agency within the means of each party. 8. Liability. Each party to this Agreement shall be an independent contractor. Neither party, nor such party's agents, officers, officials, or employees, shall be deemed to be an agent of the other party. Each party, to the extent permitted by law, waives all claims and causes of action against the other party for compensation, damages, personal injury or death that may result or occur as a consequence, direct or indirect, of the performance of this Agreement. The TOV, ERFPD, GEFPD, and GFPD are each responsible for their own negligence and that of their agents, officers, officials and employees to the extent provided in the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et seq., ("CGIA"), as amended from time to time. Nothing in this Agreement shall be construed as a waiver of immunity or other liability limitations or protections provided by the CGIA or otherwise available at law, or as an assumption of any duty for the benefit of any third party. 9. Appropriations. Notwithstanding any provision of this Agreement to the contrary, the obligations of the parties under this Agreement shall extend only to the extent that monies are annually appropriated by each party's legislative body for the purposes of this Agreement. T he TOV, ERFPD, GEFPD, and GFPD do not intend by this Agreement to irrevocably pledge present reserves for payment or services in future fiscal years, and this Agreement is not intended to create multiple fiscal year direct or indirect debt or financial obligation of the TOV, ERFPD, GEFPD, or GFPD. 10. Term and Termination. Any party may terminate its participation in this Agreement with or without cause by providing the other party sixty (60) days prior written notice. 11. Notices. Any notice, demand, or request pursuant to this Agreement shall be mailed or May 18, 2021 - Page 59 of 161 Page 4 of 7 {00816902.DOCX / 3 } personally served to the parties at the following addresses: Town of Vail Eagle River Fire Protection District Vail Fire Department Fire Chief, Karl Bauer Fire Chief, 1050 Edwards Village Blvd. 75 S. Frontage Road Edwards, CO 81632 Vail, CO 81657 Greater Eagle Fire Protection District Fire Chief, Doug Cupp 425 East Third Street Eagle, CO 81631 Gypsum Fire Protection District Fire Chief, Justin Kirkland PO Box 243 Gypsum, CO 81637 12. Costs. Each party shall, at all times, be responsible for its own costs incurred in the performance of this Agreement, and shall not receive any reimbursement from any other party, except for third party reimbursement under the following paragraph herein below, from time to time, and as otherwise available at law. Each party agrees that, for each call occurring within its jurisdiction for which it has requested or received Automatic Aid, it will reasonably pursue any and all legal reimbursement possible, pursuant to state or federal laws, including, but not limited to, reimbursement for hazardous materials incidents occurring within its jurisdiction on behalf of all parties responding, and upon receipt of full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to assisting parties based on their relative documented expenses for the involved accident. 13. General Conditions. a. Nothing contained in this Agreement, and no performance under this Agreement by personnel of the parties hereto, shall in any respect alter or modify the status of officers, agents, or employees of the respective parties for purposes of workers' compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods or categories, or for any purpose, or condition, or requirement of employment. b. It is understood and agreed by the parties hereto that, if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. c. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such agreement. It is the express intention of the named parties that any person or entity other than the named parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. d. The parties are not obligated or liable under this Agreement to any party other than the May 18, 2021 - Page 60 of 161 Page 5 of 7 {00816902.DOCX / 3 } signatories hereto. Each party understands and agrees that it shall not assign or subcontract with respect to any of its rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party, which consent or approval may be withheld in the absolute discretion of such other party; and, in the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between any party and such assignee or subcontractor, and the assigning or subcontracting party shall remain fully responsible to the other party according to the terms of this Agreement. e. This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, this Agreement does not supersede the Regional Mutual Aid Agreement made and entered into as of December 1, 2000 and the Intergovernmental Mutual Aid Assistance Agreement made and entered into on December 24, 2008. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party except as specifically set forth in this Agreement or any instrument delivered pursuant to this Agreement. f. This Agreement may be executed in counterparts, each of which shall be deemed an original of this Agreement. May 18, 2021 - Page 61 of 161 Page 6 of 7 {00816902.DOCX / 3 } WHEREFORE, the parties hereto have entered into this Agreement as of the date, month and year set forth hereinabove. The Town of Vail By: _______________________________________ ATTEST: _______________________________________ Town Clerk Eagle River Fire Protection District By: _______________________________________ ATTEST: _______________________________________ Secretary Greater Eagle Fire Protection District By: _______________________________________ ATTEST: _______________________________________ Secretary Gypsum Fire Protection District By: _______________________________________ May 18, 2021 - Page 62 of 161 Page 7 of 7 {00816902.DOCX / 3 } ATTEST: _______________________________________ Secretary APPROVED AS TO FORM: __________________________________________ Vail Town Attorney May 18, 2021 - Page 63 of 161 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 : Contract with 360 P aving, L L C (complete Vail 2021 O verlay P roject) AC T IO N RE Q UE S T E D O F C O UNC IL : A uthorize the Town Manager to enter into an agreement with 360 P aving L L C to complete the Vail 2021 Overlay P roject. B AC K G RO UND: Staf f received 3 bids for the Vail 2021 Overlay P roject from 360 Paving, G M A sphalt Repair and United Companies. T he project is budgeted with the Capital S treet Maintenance budget and is within the engineer ’s estimate. Roads included in this year’s asphalt overlay project include Westhaven Dr, Vail View Dr and Red S andstone Rd from the S F rontage Rd to Vail View Dr. T he project is scheduled to be completed by S eptember 24, 2021. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney, with 360 Paving L L C to complete the Vail 2021 Overlay P roject in the amount not to exceed $290,020.00. AT TAC H ME N TS : Description memo May 18, 2021 - Page 64 of 161 To: Town Council From: Public Works Date: 05/18/2021 Subject: Vail 2021 Overlay Contract Award I. ITEM/TOPIC Vail 2021 Overlay Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with 360 Paving LLC to complete the Vail 2021 Overlay Project. III. BACKGROUND Staff received 3 bids for the Vail 2021 Overlay Project from 360 Paving, GM Asphalt Repair and United Companies. The project is budgeted with the Capital Street Maintenance budget and is within the engineer’s estimate. Roads included in this year’s asphalt overlay project include Westhaven Dr, Vail View Dr and Red Sandstone Rd from the S Frontage Rd to Vail View Dr. The project is scheduled to be completed by September 24, 2021. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving LLC to complete the Vail 2021 Overlay Project in the amount not to exceed $290,020.00. May 18, 2021 - Page 65 of 161 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 : Contract with Hess Contracting (L ionshead Transit Center Bus S helter) AC T IO N RE Q UE S T E D O F C O UNC IL : Award Construction Contract. B AC K G RO UND: T he Town of Vail publicly bid the L ionshead Transit C enter Westbound Bus S top S helter project, which was originally intended to be constructed in 2018 but was def erred due to budget constraints. Award contract to Hess Contracting. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into a construction contract, in a f orm approved by the town attorney, with Hess C ontracting, I nc. in the amount of $138,006. AT TAC H ME N TS : Description Memo May 18, 2021 - Page 66 of 161 To: Vail Town Council From: Public Works Department Date: May 18, 2021 Subject: Lionshead Transit Center Westbound Bus Shelter I. SUMMARY The Town of Vail publicly bid the Lionshead Transit Center Westbound Bus Stop Shelter project, which was originally intended to be constructed in 2018 with the Lionshead Transit Center Westbound Bus Stop construction but it was deferred due to budget constraints. PROJECT RENDERING May 18, 2021 - Page 67 of 161 The Town received two bids for the project: Hess Contracting, Inc $138,006 MW Golden Constuctors $380,829 The lowest responsible bid is from Hess Contracting, Inc. and is within budget. II. RECOMMENDATION Town staff recommends that the Town Council Authorize the Town Manager to enter into a construction contract, in a form approved by the town attorney, with Hess Contracting, Inc. in the amount of $138,006. May 18, 2021 - Page 68 of 161 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : O rdinance No.11, S eries 2021, F irst R eading, an Ordinance Repealing and Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard T hereto P RE S E NT E R(S ): Erik Gates, Planner AC T IO N RE Q UE S T E D O F C O UNC IL : T he Vail Town C ouncil shall approve, approve with modif ications, or deny Ordinance No. 11, S eries of 2021, upon first reading. B AC K G RO UND: On J une 18th, 2015, the S upreme Court of the United S tates (S C O T US ) issued a decision on R eed v. Town of Gilbert in f avor of R eed that put the constitutionality of sign codes in many municipalities, including the Town of Vail, into question. T he S C O T US decision generally points to municipalities needing sign codes that address time, place, and manner distinctions only when it comes to sign regulation. C hanges proposed in the current draft of the new sign code aim to remove content and speaker distinctions as much as possible, to “clean up” the code by removing redundant or irrelevant definitions and regulations, and to address concerns brought by the P E C at previous meetings. S TAF F RE C O M M E ND AT I O N: The P lanning and E nvironmental C ommission f orwards a recommendation of approval to the Vail Town C ouncil f or P rescribed Regulations Amendment pursuant to S ection 12-3-7, A mendment, Vail Town Code, to amend Title 11, Sign R egulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes. AT TAC H ME N TS : Description Presentation Town Council Memo O rdinance No 11, Series of 2021, Vail Sign Code Fir st Reading [Attachment A] O rdinance N o 11, Series of 2021 [Attachment B] S ki Base Area O verlay [Attachment C] Vail Sign Code Detailed List of Changes [Attachment D] S taff Memorandum, P E C20-0032, April 26, 2021 [Attachment E ] P E C MInutes, April 26, 2021 May 18, 2021 - Page 69 of 161 PRESENTATION BY Erik Gates Vail Sign Code 5/18 Town Council: First Reading May 18, 2021 - Page 70 of 161 Timeline Town of Vail | Vail Sign Code Rewrite | vailgov.com Staff Background Research PEC Worksession Public Outreach PEC Review (March/April) DRB Worksession (April) Town Council (May/June) May 18, 2021 - Page 71 of 161 Reed v. Town of Gilbert In 2015 Clyde Reed filed action against the Town of Gilbert citing a free- speech violation claiming the sign code was impermissibly content- based. SCOTUS ruled in favor of Reed which significantly limited the ability for municipalities to regulate sign content Sign regulations that are content based, even those justified by a content-neutral purpose are subject to strict scrutiny. Speaker distinctions in sign regulations may also be subject to strict scrutiny. Sign codes should generally only be regulating time, place, and manner issues Town of Vail | Vail Sign Code Rewrite | vailgov.com May 18, 2021 - Page 72 of 161 What is Changing Goal of the rewrite has been to remove as much content distinction from the Sign Code as is possible, while generally preserving Vail’s current signage landscape Definitions have been removed (e.g. Menu Box) or altered (e.g. Construction Sign) to reflect this change Private Waring Signs defined and exempted Redefined ski base signage area Town of Vail | Vail Sign Code Rewrite | vailgov.com May 18, 2021 - Page 73 of 161 Ski Base Overlay Town of Vail | Vail Sign Code Rewrite | vailgov.com May 18, 2021 - Page 74 of 161 Main Allowance Changes Window Signs Still limited to 15% of window area Sale signs, business operation signs, & open/closed signs no longer exempt Promotional event posters addressed through enforcement Flags 2 commercial flags per property, unlimited non-commercial 24 sf per flag, max of 25 in height Flags for as special event are subject to the Special Event Permit Construction Signs 1 per approved site entrance 8 sf in all districts Town of Vail | Vail Sign Code Rewrite | vailgov.com May 18, 2021 - Page 75 of 161 Main Allowance Changes Additional Temporary Signs Number: 1 Dimensions: 3 sf, 4 ft height Timeframe: 14 days per year, only displayed from 8am –8pm Open House Signs Number: 1 off-site at a street corner on the street from with the property conducting the open house is accessed Dimensions: 3 sf, 4 ft height Timeframe: During the open house, only displayed from 8am –8pm Town of Vail | Vail Sign Code Rewrite | vailgov.com May 18, 2021 - Page 76 of 161 Questions & Public Comment Other signage types? Other concerns related to the sign code? Town of Vail | Vail Sign Code Rewrite | vailgov.com May 18, 2021 - Page 77 of 161 Thank you Egates@vailgov.com (970)479-2440 May 18, 2021 - Page 78 of 161 TO: Vail Town Council FROM: Community Development Department DATE: May 18, 2021 SUBJECT: First Reading of Ordinance No. 11, Series of 2021, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail Community Development Department is requesting a first reading of Ordinance No. 11, Series of 2021, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes. On April 26, 2021, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation for approval to the Vail Town Council for the proposed amendment, subject to the findings noted in Section IX of the staff memorandum sent to the PEC (Attachment D). II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2021, upon first reading. III. DESCRIPTION OF REQUEST The Community Development Department requests that the Vail Town Council consider the proposed prescribed regulations amendment to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code. The amendment would replace the existing sign code with language and regulations that are content- neutral while maintaining existing signage allowances as much as is feasible. Various changes are proposed for nearly every chapter of the Title 11 sign code. Please see Attachment A for the new proposed sign code language and Attachment C for how May 18, 2021 - Page 79 of 161 Town of Vail Page 2 the changes present in the proposed sign code relate to the existing sign code language. IV. BACKGROUND/SITUATION TO BE ADDRESSED On June 18th, 2015, the Supreme Court of the United States (SCOTUS) issued a decision on Reed v. Town of Gilbert in favor of Reed that put the constitutionality of sign codes in many municipalities, including the Town of Vail, into question. The majority opinion of the Court held that all content-based sign code regulation, regulation that requires one to read the content of a sign’s speech in order to determine how it is regulated, is subject to strict scrutiny in court. Strict scrutiny for a regulation would require a government to show that the regulation both furthers a compelling government interest and is narrowly tailored to further a government interest; this level of review is usually fatal to the regulation in question. The Court also held that speaker distinctions in sign codes, regulations that apply to a specific speaker or type of speaker, may be subject to strict scrutiny if the distinction is reflective of a content preference by the governing entity. The SCOTUS decision generally points to municipalities needing sign codes that address time, place, and manner distinctions only when it comes to sign regulation. However, the decision left a few open questions in regard to what can and can’t be safely regulated. Namely, whether on-premise vs. off-premise distinctions are content neutral, if time restrictions on signs for one-time events are content neutral, and whether the same level of scrutiny applies to content regulations for commercial signs as it does to noncommercial signs. These questions are likely to have more concrete answers as they are heard in lower courts following the Reed v. Town of Gilbert decision. Regardless, in the wake of this decision many municipalities across the United States have moved to update their sign codes to remove content distinctions in their regulations wherever possible, and to reduce on-premise vs. off-premise distinctions and commercial content regulations as much as is manageable. In 2019, Staff began to examine Vail’s sign code in detail in order to identify problematic regulations for adjustment or removal. Staff researched other municipalities that had updated their regulations and academic reviews of the Reed v. Gilbert case in order to assist in rewriting regulations. In late September and early October of 2020, three engagement meetings were held virtually in order to discuss the proposed changes to the Title 11 sign code. These meetings were not highly attended, but the proposed changes were generally well received by those in attendance. Following these meetings, the updated proposed sign code was reviewed by the Town Attorney who provided further recommendations for adjustments. Changes proposed in the current draft of the new sign code aim to remove content and speaker distinctions as much as possible, to “clean up” the code by removing redundant or irrelevant definitions and regulations, and to address concerns brought by the PEC at previous meetings. The new sign code in the form of a repeal and replace ordinance (Attachment A), the proposed Ski Base Overlay sign district map (Attachment B), and a May 18, 2021 - Page 80 of 161 Town of Vail Page 3 line-by-line breakdown of the proposed changes from the existing sign code (Attachment C) are attached for review. VI. CRITERIA FOR REVIEW Per Section 12-3-7, Amendment, Vail Town Code, before acting on a prescribed regulations amendment, the PEC and Town Council shall consider the following factors with respect to this proposal: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed sign code update furthers the general and specific purposes of the zoning regulations by making regulations more fair and consistent through the removal of most content and speaker-based distinctions. The sign code update ultimately allows for a greater degree of freedom and creat ivity in sign design as a result of this effort as well. While the proposed update removes much of the Town’s ability to control the actual content of a sign itself, the update generally preserves current signage area and number allowances, thereby preventing unnecessary clutter. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and While little of the Vail comprehensive plan speaks directly about signage, it can be inferred that this proposed update overall helps to achieve the applicable goals, objectives, and policies of the comprehensive plan. A common theme in Vail’s documents that make up the comprehensive plan speak of the need to preserve the existing character of the town. For example, a goal in the Vail Land Use Plan it states: 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) These elements of ambiance mentioned above can still be regulated in the town’s signs through size constraints, number constraints, material constraints, lighting constraints, and location constraints without having to enforce content distinctions. Staff finds that this criterion has been met. May 18, 2021 - Page 81 of 161 Town of Vail Page 4 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 Vail’s sign code has had one minor update, relating to Ski Base Area Signs, since 2010. This means that the majority of the town’s sign code was written well before the SCOTUS determination in Reed v. Town of Gilbert. Because of this, much of the existing sign code was written in a regulatory landscape that no longer exists. Prior to 2015, though not universally, content distinctions in sign codes were often subject to intermediate scrutiny at worst and successfully justified through purposes that claimed no favoritism for any particular viewpoint or speaker. While these purposes are still important to sign code regulations, content-based regulations now require a significantly higher burden of proof from local governments to show that these regulations are furthering a compelling government interest and constitutio nal. For many content-based regulations this is not feasible, if not impossible. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. The proposed regulations should not significantly increase clutter in Vail via signage, and the regulations do not limit the town’s ability to regulate signage size or location. Due to the nature of these changes to the sign code largely being the removal of content restrictions, they should have no impact on other existing land use regulations and are not expected to create nonconformities with existing signs. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2021, upon first reading, the Planning and Environmental Commission recommends the Town Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 11, Series of 2021, a prescribed regulation amendment to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US May 18, 2021 - Page 82 of 161 Town of Vail Page 5 Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, pursuant to Section 12-3-7, Amendment, Vail Town Code.” Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2021, the Planning and Environmental Commission recommends the Town Council makes the following findings: “Based upon a review of the criteria outlined in Section VII of the April 26, 2021 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Ordinance No. 11, Series of 2021 B. Ski Base Area Overlay Map C. Detailed Changes from the Existing Sign Code D. Staff Memorandum, PEC20-0032, April 26, 2021 E. PEC Minutes, April 26, 2021 May 18, 2021 - Page 83 of 161 ORDINANCE NO. 11 Series of 2021 AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADOPT UPDATED SIGN REGULATIONS, 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 has determined that amendments to the Vail Town Code are necessary to ensure, among other things, that the To wn's sign regulations are consistent with the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a properly noticed public hearing on the proposed amendment on April 26, 2021 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its April 26, 2021 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed amendments are 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 11, Sign 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: May 18, 2021 - Page 84 of 161 Section 1. Title 11, Sign Regulations, Vail Town Code, is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 1: DESCRIPTION, PURPOSE, AND APPLICABILITY 11-1-1: DESCRIPTION: This title may be cited as the SIGN REGULATIONS for the Town, and shall be incorporated as title 11 of this code. 11-1-2: PURPOSE: A. General Purpose: This Title is enacted for the purpose of promoting the health, safety, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of signs in the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: This Title is intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 5. To preserve freedom of expression in the Town of Vail. C. This Title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-3: APPLICABILITY: Except as provided elsewhere in this title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this title. All signs in the Town of Vail are subject to the design guidelines and standards (chapter 5 of this title) and design review. May 18, 2021 - Page 85 of 161 11-1-4: SEVERABILITY CLAUSE: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. CHAPTER 2: DEFINITIONS 11-2-1: DEFINITIONS ENUMERATED: ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. ADMINISTRATOR: The director of the department of community development or his/her designee. AGGRIEVED PERSON: Any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. AWNING OR CANOPY: A permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, or braces extending from the ground. BUILDING FRONTAGE: The horizontal, linear dimension of any side of a building that has a usable public entrance that parallels a major vehicular or pedestrian way or other major circulation area. BUILDING IDENTIFICATION SIGN: A sign permitted based on building frontage, regardless of the number of tenants residing therein. BUSINESS FRONTAGE: The horizontal, linear dimension of any side of an above grade level that faces a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business. BUSINESS SIGN: A sign placed on a business frontage, typically as a wall or projecting sign. BUSINESS, VACATED: A commercial entity that has been closed and vacated for more than ninety (90) days without intent to reopen. May 18, 2021 - Page 86 of 161 CHANGEABLE COPY: A manually operated sign that displays content that can be easily changed or altered. CLEARANCE: The vertical distance from existing grade to the lowest hanging point of any projecting/hanging sign or flag. CONSTRUCTION SIGN: A temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. DIRECTIONAL SIGN: a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot. DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. ELECTRONIC MESSAGE CENTER: A sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including, but not limited to, cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology. ELECTRONIC SIGN: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to, LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This also includes the painting of wall signs, murals or supergraphics. FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. FLAG: Any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. May 18, 2021 - Page 87 of 161 FREESTANDING SIGN: A single or multi-faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. GOVERNMENT SIGN: Any sign erected or installed by a Federal, State, County, or Local government agency. HEIGHT: For the purposes of this title, the height above existing grade to the highest part of a sign and its structures, unless otherwise noted or described. ILLUMINATED SIGN: A sign emitting or reflecting a steady suffused or glowing light. ILLUMINATION, DIRECT: Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source is not visible to the viewer. ILLUMINATION, INTERNAL: A light source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohib ited in the Town of Vail, excluding for Government Signs MASONRY INSCRIPTION: Any text or numeral etched into masonry. MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. NEIGHBORHOOD SIGN: A sign located within common or jointly owned spaces in a residential district. NONCONFORMING SIGN: Any sign that was approved by the Town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sign located on a premise not owned or rented by the owner of the sign. May 18, 2021 - Page 88 of 161 OPEN HOUSE: The period of time during which a specific property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters. OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PORTABLE SIGN: A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. PRIVATE WARNING SIGN: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. PROJECTING SIGN: A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, French doors that open onto a patio but are not used as a primary entrance, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. QUANTITY: The number of signs allowed a business or building. REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, including but not limited to, Scotchlite®, Day-Glo®, glass and luminous paint. RESIDENTIAL SIGN: A small sign permitted for every residence in the Town of Vail. SIGN: Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN DISTRICT: Any one of three (3) areas designated by the Town of Vail in this title, each of which is subject to different standards. SIGN MAINTENANCE: The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. SIGNPOSTS AND POLES: Any vertical upright(s) that supports a freestanding sign, that is not attached to or braced by any other structure. May 18, 2021 - Page 89 of 161 SIGN PROGRAM: A master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses multiple tenants and is therefore allowed multiple signs. SIGN STRUCTURE: The supports, uprights, braces, hanging devices, and framework of a sign. SITE: As defined in Section 12-2-2 of the Vail Town Code. SKI BASE AREA: For the purpose of regulating ski base signs, any area within Vail’s Ski Base Sign District. SKI BASE SIGN: A sign for use within the Town of Vail’s Ski Base Sign District. TEMPORARY SIGN: A sign that is intended for a definite and limited period of display that is not permanently affixed to a structure or sign structure. THEATER: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. VEHICLE SIGN: A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall. WINDOW SIGN: A sign installed upon or within three feet (3') of a window that is visible from the nearest pedestrian or vehicular way. This term does not include merchandise displays. ZONE: A zoning district as described in Title 12, "Zoning Regulations", of this code (e.g., ABD or CC3). A "zone" is not the equivalent o f a sign "district", as described in this title. CHAPTER 3: ADMINISTRATION 11-3-1: ADMINISTRATION OF SIGN REGULATIONS: A. Administrator: May 18, 2021 - Page 90 of 161 1. The administrator of this title as defined in section 12-3-1, “Administrator; Appointment”, of this code. 2. Responsibilities: The administrator, and his/her designees, shall be responsible for such duties as prescribed in this title and shall be responsible for enforcement of the sign regulations. The administrator shall have the right to enter on any site for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. 3. Enforcement: The administrator may serve notice indicating the nature of any violation, or requiring the removal of any sign or structure in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator may call upon the town attorney to institute necessary legal proceedings and the chief of police and his/her authorized agents to assist in the enforcement of this title. B. Design Review Board: The design review board, as established by title 3, chapter 4 of this code, shall be responsible for the duties prescribed in this title, which entail the review of sign applications. C. Amendments: The regulations prescribed in this title may be amended or repealed according to section 12-3-7, "Amendment", of this code. 11-3-2: LIABILITY: The provisions of this title shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this title. The provisions of this title shall not impose upon the Town of Vail, its officers, employees, or the design review board, any responsibility or liability by reason of the approval of any sign. CHAPTER 4: SIGN APPLICATION PROCEDURES 11-4-1: SUBMITTAL REQUIREMENTS: Any sign erected within the Town of Vail shall be regulated by this title and is subject to design review by the staff and/or design review board of the Town of Vail. The following May 18, 2021 - Page 91 of 161 application requirements must be met for any sign that is to be erected within the Town of Vail: A. Sign Application: A sign application for the erection of an individual sign consists of an application for design review which must be obtained from the Town of Vail's community development department, properly completed per the instructions, and returned with the appropriate materials to the staff in order to begin the 2 -phase review process listed in section 11-4-2 of this chapter. B. Application Fee: A reasonable application filing fee shall be set by the Vail town council to include the cost of the Town of Vail administration time and other expenses involved in the review of the application. The fee shall be paid at the time that the application is submitted and shall not be refundable. 11-4-2: SIGN APPLICATION REVIEW: Criteria For Decision: Each sign application is subject to the following two (2) levels of review: staff review and design review board (DRB) review. A. Staff Review: The community development department of the Town of Vail shall accept for review the properly completed sign application. 1. If the staff determines that the sign application unquestionably meets the standards of this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall then approve the application. All applications approved by the staff shall be listed on the next publicly posted agenda of the design review board. 2. If the staff determines that the sign application meets the standards of this title, but does not unquestionably meet the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff will schedule the application for review by the design review board at their next hearing, held the first and third Wednesdays of each month. 3. If the staff determines that the sign application does not meet the standards outlined in this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this title, the applicant will be notified of the denial in writing and may submit a new application to the staff, file an appeal of the staff decision to the design review May 18, 2021 - Page 92 of 161 board, or file an application for a variance in accordance with chapter 10, "Variances And Appeals", of this title. B. Design Review Board Review: The design review board will review all sign applications scheduled on their agenda by staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the design guidelines and standards as listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title. 1. Upon determination of compliance with the design guidelines and standards listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title, the design review board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and any conditions placed on the approval, and may then erect the sign according to the approved application. 2. Upon design review board denial of the application based on the design guidelines and standards listed in chapter 5 of this title and/or the technical requirements listed in chapters 6 and 7 of this title, the applicant will be notified in writing of the reasons for denial and may submit a new application to staff according to the recommendations from the design review board. The applicant may file an appeal to the town council if he/she chooses not to submit a new application to staff (see chapter 10, "Variances And Appeals", of this title). CHAPTER 5: DESIGN GUIDELINES AND STANDARDS; SIGN MEASUREMENT 11-5-1: PURPOSE: The design guidelines and standards exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. The guidelines and standards are intended to encourage expression and creativity. The design guidelines make use of the word "should", to allow for subjectivity and creativity, whereas the design standards make use of the word "shall", signifying strict interpretation and enforcement. The sign measurement section exists to ensure that measurement of sign area is properly calculated in order to facilitate signage that upholds the purpose of this title. 11-5-2: DESIGN GUIDELINES: Any sign erected within the Town of Vail should: A. Be consistent with the scale and architecture already present in the Town: Sign location, configuration, mounting structure, framing design, and size should be May 18, 2021 - Page 93 of 161 aesthetically harmonious with the mountain setting and the alpine village atmosphere of the Town. B. Be compatible with the placement of surrounding signs: Similar signs should not be placed within close proximity of each other, but should instead incorporate variety and visual interest within the "view corridor" that they are p laced. Signs shall not create visual clutter. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately placed. C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; nonreflective glass and stained glass; other naturally textured building materials. Plastic and other synthetic materials that are not naturally textured, such as sign foam, vinyl or Plexiglas®, are discouraged. D. Use natural colors: 1. Earth tones: Full spectrum of soil, clay, and metallic colors; 2. Neutrals: Off whites to deep brown and black; 3. Bright colors should be used only as accents. E. Use creative graphics and lettering: The creative use of depth, relief, shading, three - dimensional projections and other pleasing textural qualities is generally encouraged. Three-dimensional projections shall not be calculated as part of total sign area, but shall be subject to design review. F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (xeriscaping). G. Use inconspicuous lighting: Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light s ources are encouraged. 11-5-3: DESIGN STANDARDS: Any sign erected within the Town of Vail shall conform to the following standards: A. Compatibility: Signs shall be visually compatible with the size of surrounding structures and other signage and shall not visually dominate the structure or May 18, 2021 - Page 94 of 161 business to which they belong. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately sized. B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. All lighting shall be subject to design review. E. Sign Maintenance: All signs, including their support structures and related fixtures, shall be kept in good repair; this includes replacement of lighting, repainting when appropriate, and other actions that contribute to attractive signage. The display surfaces and hardware of all signs shall be properly painted, finished, or posted at all times. The glass surfaces on which window signs are affixed shall be well maintained. F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the Town and the electrical components shall bear the label of an approved testing agency. G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this title, shall be designed to withstand wind pressures and shall support dead loads a s required by the most recent building code (IBC) at the time of construction, as adopted by the Town of Vail and determined by the chief building official. H. Placement On Public Property: Signs shall be constructed on private property outside of the Town right of way and shall not project onto the Town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the Town of Vail. I. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. 11-5-4: SIGN MEASUREMENT: A. Single Faced Signs: Single faced signs (i.e., awning signs, wall signs) shall be measured by up to two (2) imaginary polygons enclosing all letters, graphics and sign base material, including framing, not integrated into the architecture of the building. May 18, 2021 - Page 95 of 161 B. Multifaced Signs: When two (2) sign faces are placed back to back and are at no point more than one foot (1') from one another, the sign area shall be the area of the larger face. Sign area of all other multifaced signs shall be calculated as the total area of all sign faces. C. Window Signs: Window signs shall be measured by the exact square footage of opaque or translucent materials affixed within three feet (3') of the window. D. Display Boxes: Display boxes shall be measured by the area of the outside dimensions of the box, including framing. E. Brackets And Fixtures: Brackets, fixtures and other means of securing a sign shall not count towards square footage of signage. CHAPTER 6: BUSINESS AND BUILDING IDENTIFICATION SIGNS 11-6-1: SIGN DISTRICTS: A. Sign District 1 (SD 1): All of vail except for property zoned ABD, CC3, and PA-2. B. Sign District 2 (SD 2): All property zoned ABD, CC3, and PA-2 (West Vail and Cascade Crossing). C. Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Sign Area as defined by the Ski Base Overlay map. 11-6-2: BUSINESS SIGNS: A. Business Signs: 1. Business signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business sign per public entrance. b. Area: The allowable area of each business sign shall be up to six (6) square feet. At the discretion of the design review board. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage . e. Type Of Sign: Business signs shall not be freestanding. May 18, 2021 - Page 96 of 161 f. Businesses Not On The First Floor Or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. 2. Business signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one (1) business sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business signs is based on the combined business frontages, and is as follows: Combined Business Frontages Total Sign Area 0 feet – <13 feet 10 square feet 13 feet – <25 feet 14 square feet 25 feet – <50 feet 20 square feet 50 feet – <75 feet 30 square feet 75 feet – <100 feet 40 square feet 100 feet plus 50 square feet c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. B. Display Boxes (SD 1 And SD 2): 1. Number: Each business shall be allowed one display box, per subsection B6 of this section. 2. Area: Display boxes shall not exceed six (6) square feet. May 18, 2021 - Page 97 of 161 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be located on the business frontage. 5. Type of Sign: Display boxes shall not be freestanding signs. C. Window Signs (SD 1 And SD 2): 1. Number: The number of window signs is not regulated as long as area requirements are met. 2. Area: The area of all window signs shall not exceed fifteen percent (15%) of the area of the window in which they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". 3. Height: The top of any window sign shall not extend more than twenty -five feet (25') above existing grade. 4. Special Provisions: Any signs placed inside of a business, within three feet (3') of a window and visible from the outside shall be counted toward total window sign area. 11-6-3: BUILDING IDENTIFICATION SIGNS: A. Description: All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). 1. Sign District 1 (SD 1); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area May 18, 2021 - Page 98 of 161 10 feet – <50 feet 20 square feet 50 feet – <75 feet 30 square feet 75 feet – <100 feet 40 square feet 100 feet – <150 feet 50 square feet 150 feet – <200 feet 50 square feet 200 feet plus 60 square feet 2. Sign District 2 (SD 2); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet – <50 feet 20 square feet 50 feet – <75 feet 30 square feet 75 feet – <100 feet 40 square feet 100 feet – <150 feet 50 square feet 150 feet – <200 feet 50 square feet 200 feet – <250 feet 60 square feet 250 feet – <300 feet 60 square feet 300 feet – <400 feet 70 square feet 400 feet plus 80 square feet 3. Sign Districts 1 And 2; Types Of Building Identification Signs: a. Freestanding Signs: (1) Number: One (1) freestanding sign per building frontage on a major pedestrian or vehicular way, with a maximum of two (2) freestanding signs per building. (2) Area: Freestanding building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously and shall be measured according to the total sign area. May 18, 2021 - Page 99 of 161 (3) Height: No part of a freestanding building identification sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: Freestanding signs shall be placed on two (2) separate building facades facing pedestrian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. b. Wall Mounted Signs: (1) Number: One (1) sign per building frontage on a major pedestrian or vehicular way. A maximum of two (2) wall mounted building identification signs shall be allowed if a building has two (2) frontages as defined in these regulations. (2) Area: Wall mounted building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously, and shall be measured according to the size of the text only. (3) Height: No part of a wall mounted building identification sign shall be higher than twenty-five feet (25') above existing grade. (4) Special Provisions: If using two (2) signs, signs shall be placed on two (2) separate frontages, subject to design review. c. Joint Directory Signs: (1) Number: One (1) joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to two (2) joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. (2) Area: Each joint directory sign may contain signage of up to one (1) square foot per business tenant in a building, and up to three (3) square feet for the name of the building, placed atop the joint directory sign. (3) Height: No part of a joint directory sign shall be higher than eight feet (8') above existing grade. May 18, 2021 - Page 100 of 161 (4) Special Provisions: A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. However, the area of the joint directory sign shall be included in the total building identification area allowed according to building frontage. All joint directory signs shall be kept current according to business turnover. CHAPTER 7: OTHER SIGNS 11-7-1: FLAGS: A. Quantity: A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight feet (8’) when projecting over public walkways and a minimum clearance of fifteen feet (15’) when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five feet (25’) within the Town of Vail. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non-Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 11-7-2: RESIDENTIAL SIGNS: A. Size: Size shall not exceed one-half (1/2) square foot per dwelling unit. B. Height: No part of the sign shall extend above eight feet (8') above existing grade. C. Number: One (1) sign per dwelling unit. D. Location: Subject to design review. May 18, 2021 - Page 101 of 161 E. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. F. Lighting: Indirect. G. Landscaping: Subject to design review. H. Special Provisions: Structures having three (3) or more living units may have one (1) exterior residential sign directory, provided that the individual signs of the directory are of a standard design and size. 11-7-3: NEIGHBORHOOD SIGNS: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number: One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8’) above finished grade. 11-7-4: CONSTRUCTION SIGNS: A. Area: The area of any construction sign shall not exceed eight (8) square feet. B. Height: The top of a construction sign shall be no higher than eight feet (8') above grade. C. Number: One (1) sign per construction site. D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. E. Lighting: Not permitted. F. Type Of Sign: Construction signs shall not be freestanding signs. G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. May 18, 2021 - Page 102 of 161 H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. 11-7-5: THEATER SIGNS Theaters and movie/media rental business will be allowed three (3) theater signs in the front window at any one time. The allowable area of each theater sign may be up to eight (8) square feet, subject to design review approval. Theater signs may be electronic signs. When used as a theater sign, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a theater sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the following day. 11-7-6: OPEN HOUSE SIGNS: A. Number: For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right -of-Way. C. Area: The area of any open house sign shall not exceed three (3) square feet. D. Height: The height of any open house sign shall not exceed four feet (4’) as measured from the top of the sign to the grade at the base of the sign. E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an “open house”). Open House Signs may only be displayed between eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. on a daily basis. 11-7-7: BALLOONS: All balloons, regardless of their size, shall be subject to a special events permit. 11-7-8: PUBLIC PARKING AND LOADING SIGNS FOR PRIVATE PROPERTY: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty-five (25) parking spaces and/or loading bays for use by the public. These publi c May 18, 2021 - Page 103 of 161 parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. 1. Number: One (1) sign per public vehicular entrance, unless the administrator determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any public parking or loading signs shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's right of way, subject to subsection 11-5-3I, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 11-7-9: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. There shall be a sign program addressing the needs of both the winter and summer seasons. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-3I, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A - frame and sandwich board style signs are prohibited. May 18, 2021 - Page 104 of 161 6. Lighting: Subject to design review. 7. Special Provisions: A sign program is required in accordance with the provisions of chapter 8 of this title. 11-7-10: RESTAURANT SIGNS: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number: Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number: Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6') above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. May 18, 2021 - Page 105 of 161 11-7-11: ADDITIONAL TEMPORARY SIGNAGE: A. Description: Each property within the Town of Vail shall be allowed, without a permit, one (1) additional temporary sign, subject to the following standards. B. Size: No temporary sign shall not be greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four feet (4’) above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No sign falling under this provision shall be displayed for more than fourteen (14) days per year. Additional Temporary Signage may only be displayed between eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. on a daily basis. CHAPTER 8: SIGN PROGRAMS 11-8-1: SIGN PROGRAM DESCRIPTION: The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color, and placement of all signs pertaining to a particular development or building containing a business or group of businesses. A sign program shall convey an organized, innovative, and unique approach to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi-family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the staff. Existing multi -tenant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in chapter 4, "Sign Application Procedures", of this title. CHAPTER 9: EXEMPT, PROHIBITED, AND NONCONFORMING SIGNS 11-9-1: EXEMPT SIGNS: May 18, 2021 - Page 106 of 161 The following signs are exempt from design review, but remain subject to the applicable requirements of this code, including, but not limited to, the design standards and guidelines listed in chapter 5 of this title and the maintenance requirements listed in section 11-11-3 of this title: A. Memorial signs, dedication plaques, or tablets; B. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; C. A mural that has received approval by the Art in Public Places Board; D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; E. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; F. Signage and decorations subject to a Special Event Permit through the Town of Vail; and G. Private Warning Signs 11-9-2: PROHIBITED SIGNS: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: A. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound, or involve the use of live animals; E. Any sign for a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; May 18, 2021 - Page 107 of 161 G. Any gas filled, illuminated or fiber optic sign that is less than four feet (4') from a window; H. Any sign or structure that obstructs ingress to or egress from a required exitway, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; I. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; J. Any off premises sign that is not otherwise regulated by this title; K. All billboards; L. Pennants, banners, and bunting that are not associated with a special event permit; M. Any dry erase or chalk board not approved by the provisions of this title as a specials board; and N. Vehicular signs as defined by this Title. 11-9-3: NONCONFORMING SIGNS: A. Definition: Any sign erected prior to the enactment of this title and in accord with the Town of Vail approval process, that does not conform to the provisions set forth herein (as determined by the administrative procedure listed below), or is located in newly annexed territory, shall be designated as nonconforming. B. Continuation Of A Nonconforming Sign: Any sign which has been determined to be nonconforming may continue in use and operation as a nonconforming sign pending the following provisions: 1. Any nonconforming sign that is not maintained, at the discretion of the administrator and according to section 11-2-1 of this title, shall be removed by the administrator (section 11-11-3 of this title) and shall be replaced as a conforming sign, in accordance with the regulations in this title. 2. All nonconforming signs shall be brought into conformance with the regulations in this title at the time that the represented business changes ownership, provided that the business changes its name and/or offered services, thereby requiring a new sign, or at the time that the represented business changes its name and/or services offered, thereby requiring a new sign. CHAPTER 10: VARIANCES AND APPEALS 11-10-1: VARIANCES: May 18, 2021 - Page 108 of 161 A. Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the planning and environmental commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the community development department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the town council as set forth by town ordinances. The staff shall set a date for a hearing before the planning and environmental commission once the complete application has been received. C. Criteria For Approval: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that wou ld substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. 11-10-2: APPEAL OF A VARIANCE: An appeal to the town council of a planning and environmental commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (section 12-3-3 of this code). CHAPTER 11: VIOLATIONS AND ENFORCEMENT 11-11-1: VIOLATIONS: A. General Violations: Any sign that is deemed by the administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this title, is in violation of this title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the administrator, is in violation of this chapter and shall also be subject to the procedure listed in section 11-11-2 of this chapter. May 18, 2021 - Page 109 of 161 B. Sign Violations On Public Property: It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right of way or on any property belonging to the Town of Vail without the express permission of the Town. The administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of this code and be subject to the provisions of the penalty and costs subsections (section 11-11-2) of this chapter. 11-11-2: PROCEDURE AND ENFORCEMENT: A. Notice Of Violation: The administrator shall give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premises at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. B. Penalty: The business, building or premises at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to penalty as provided in section 1-4-1, "General Penalty", of this code for each calendar day after written notice is received that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this title may not restrain imposition of these penalties. C. Failure To Comply And Town Abatement: If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this title within the time frame specified in the notice, the administrator shall cause a sign in violation of the provisions of this title to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the director of finance of the Town of Vail. D. Costs: The amount certified by the director of finance to the county treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection plus fifteen percent (15%) of the sum of said costs, representing penalty. 11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT: May 18, 2021 - Page 110 of 161 A. All signs in the Town shall be properly maintained (as defined in section 11 -2-1 of this title) at all times to the satisfaction of the administrator or they will be repaired or removed (as defined in section 11-2-1 of this title) by the administrator. B. The administrator shall have the authority to order through written notice the repair or removal of a sign and accompanying landscaping when the said sign: 1. Has been found to constitute a violation of this title; 2. Is a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment; or 3. Has been damaged beyond fifty percent (50%) of its total area and deemed poorly maintained by the administrator. The procedure for removal of a sign in violation is detailed in subsection 11-11-2C of this chapter. The administrator's decision shall be subject to review by the planning and environmental commission in accordance with the provisions of the zoning ordinance (subsection 12-3-3B of this code) and may be appealed by any "aggrieved or adversely affected person" (as defined in subsection 12-3-3B2 of this code). Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the following: 1. The text 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 2. The text amendment furthers the general and specific purposes of the zoning regulations 3. The text amendment promotes the health, safety, morals and the general welfare of the town and promotes the coordinated and harmonious development of the town in a manner than conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 May 18, 2021 - Page 111 of 161 violation that occurred prior to the effective date hereof, any prosecuti on 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 here in. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of May, 2021, and a public hearing for second reading of this Ordinance set for the 1st day of June, 2021, 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 1st day of June, 2021. _____________________________ Dave Chapin, Mayor May 18, 2021 - Page 112 of 161 ATTEST: ____________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 113 of 161 I S k i B a s e A r e a sSki B a s e A r e a s This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only.The Town of Vail does not warrant the accuracy of the information contained herein.(where shown, parcel line work is approximate) Last Modified: October 30, 2020 * Including the ground level south-facing ticket office windows May 18, 2021 - Page 114 of 161 Vail Sign Code Detailed List of Proposed Changes Legend Italic Text: Proposed to be added to the code Strikethrough Text: Proposed to be removed from the code Note: Sections and definitions not listed in this document are currently proposed to remain within the code, unchanged. 11-1-2: Purpose: A. General Purpose: These regulations are This Title is enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are This Title is intended to achieve the following specific purposes: 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 5. To preserve freedom of expression in the Town of Vail. C. This title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-4: Severability Clause: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. 11-2-1: Definitions Enumerated: ADMINISTRATOR: A member or members of the town of Vail staff appointed by the town manager and designated to administer and enforce the guidelines outlined in this title. The director of the department of community development or their designee. May 18, 2021 - Page 115 of 161 ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. Prohibited in the town of Vail ARCHITECTURAL PROJECTION: Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and the like, but not including signs. AREA, SIGN (SD 1): Varies according to type of sign: See chapter 6, “Business And Building Identification Signs”, of this title. AREA, SIGN (SD 2): Varies according to type of sign: See chapter 6, “Business And Building Identification Signs”, of this title. AWNING OR CANOPY: For the purposes of this title, the rooflike cover that is temporary in nature and projects from the exterior of a building, typically over windows, walkways, doorways, or outdoor eating areas. A Permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, of braces extending from the ground. BALLOON: A flexible bag designed to be inflated with hot air or with a gas, such as helium, that is lighter than the surrounding air, causing it to rise and float in the atmosphere. BANNER, PENNANT, OR BUNTING: Any temporary decorative cloth or material that is related to the announcement or promotion of community events or activities or to the decoration of the town for special holidays. BILLBOARD: A permanent outdoor advertising sign that advertises goods, products, or services that are not related to the premises on which the sign is located; prohibited in the town of Vail. BUILDING IDENTIFICAITON SIGN: Any sign that displays the name of the building upon which site it is located including any graphics and language that represent the building. A sign permitted based on building frontage, regardless of the number of tenants residing therein. May 18, 2021 - Page 116 of 161 BUSINESS OPERATION SIGN: A sign that displays the name of the business upon which site it is located including any graphics and language that represent the business. BUSINESS SIGN: Any sign that displays the name of the business upon which site it is located including any graphics and language that represent the business. A sign placed on a business frontage, typically as a wall or projecting sign. CHANGEABLE COPY: A manually operated sign that displays graphical or word content that can be easily changed or altered. menu boxes, display boxes and specials boards are not considered changeable copy. DESIGN: Including but not limited to, the location, shape, dimensions, color, symbols, letters, material, and luminosity that comprise a sign. DIRECTIONAL SIGN: A sign that serves to direct pedestrian or vehicular traffic. DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. For the express purpose of displaying real estate listings and current movie listing; allowed at real estate businesses and movie theaters only. ELECTRONIC DISPLAY TERMINAL: Any monitor or electronic device used to provide public information or to promote a special event; allowed for town of Vail public information purposes only. ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This also includes the painting of wall signs, murals or supergraphics. EVENT, SPECIAL: The promotion of any product, political candidate, religious leader, or commercial goods or services secondary to the permitted event, shall be prohibited. FIBER OPTIC SIGN: A sign of thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction that transmits light throughout its length through internal reflections; prohibited in the town of Vail. FINE ART: Sculpture, fountains, or similar objects possessing form and beauty, including paintings or drawings. FLAG: Any city, county, state, national, organizational, or institutional symbol or insignia applied to a piece of fabric. Any fabric or similar lightweight material typically attached to May 18, 2021 - Page 117 of 161 a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. Prohibited in the town of Vail. GRADE, EXISITNG FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INTERNAL: Illumination by means of a light source that is within a sign that has a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are made of a translucent material; prohibited in the town of Vail, excluding signs used by the town of Vail for public information purposes. A light source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohibited in the Town of Vail, excluding Government Signs. ILLUMINATION, NEON: A light source in which a colorless, odorless, inert gaseous element known as neon is found; prohibited in the town of Vail. ILLUMINATION, PAN CHANNELED: An indirect, concealed light source which is recessed into any element of a sign and is attached directly to the face of the sign. Each element to be lit must have opaque surfaces such that the light does not shine through the sides or backs of the elements but through the front face only. ILLUMINATION, RECESSED: A source of light that is directed upon a sign and placed inside of an architectural element, such as eaves; a preferred type of sign lighting within the town of Vail. INSCRIPTION, MASONRY: The name and/or date of a building etched into masonry. Any text or numeral etched into masonry. JOINT DIRECTORY SIGN: A type of building identification and business sign that displays the name of a building, complex, or center and the names and addresses of two (2) or more businesses within. May 18, 2021 - Page 118 of 161 KIOSK: A small structure, typically located within a pedestrian walkway or similar circulation area that is used as a display space for posters, notices, exhibits, and similar displays; for public information use by the town of Vail. MENU BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side for the express purpose of displaying menus; allowed at eating and drinking establishments only. MOVIE/MEDIA RENTAL BUSINESS: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. and which shall receive approval either by the town of Vail's art in public places or design review board prior to application. A mural shall be considered a wall sign, and regulated as such, if it contains words, logos, trademarks, or graphic representations of any person, product or service that identifies or advertises a business. Signatures shall be allowed, but limited to, a maximum of two (2) square feet in size. NONCONFORMING SIGN: Any advertising structure or sign that was approved by the town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sign that relates to or advertises products, services, or uses, or directs persons to a different premises than that upon which the sign is located. Any sign located on a premise not owned or rented by the owner of the sign. OPEN/CLOSED SIGN: A type of window sign that may be two (2) sided and displays the words "open" or "closed" on one or both sides of the sign. OPEN HOUSE: The period of time during which a specific for sale or for rent property property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters with the realtor, broker, owner, or other similar agent present on the property. OPEN HOUSE SIGN, ON SITE: A temporary sign advertising an open house for the property on which the sign is located. OPEN HOUSE SIGN, VEHICULAR DIRECTIONAL: A temporary sign directing vehicular traffic to an open house. May 18, 2021 - Page 119 of 161 OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PERSON: For the purposes of this title, any individual, firm, partnership, association, corporation, company, or organization of any kind. PLAQUE, DEDICATION: A plate, slab, or disk that is ornamented or engraved for mounting, as on a wall or the ground, in order to honor a person or persons, or to denote transfer of the property to the public for public use. POLITICAL SIGN: A temporary sign that announces, promotes, or draws attention to any candidate(s) seeking public office in an election; also any sign announcing political issues. PREMISES: Land and the buildings that are owned or rented thereupon. PUBLIC INFORMATION SIGN: An informational sign that relays directions to the public regarding resources, restrooms, or any other similar public amenity. REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, such as Scotchlite®, Day-Glo®, glass and luminous paint; when pertaining to signage, prohibited in the town of Vail. including but not limited to, Scotchlite®, Day- Glo®, glass and luminous paint. RESIDENTIAL NAMEPLATE SIGN: A sign erected for the sole purpose of identifying the inhabitant(s) residing therein, and/or the house name or address, which shall not contain advertising of any kind. A small sign permitted for every residence in the Town of Vail. SIGN: A surface or space as identified in these guidelines, whether continuous or not, that identifies a business, building, or any related products and services by means of letters, numbers, figures, or other symbols, devices, or representations. Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN, CONSTRUCTION: A sign permitted to identify a project under construction and the associated hazardous conditions as further regulated by section 11-7-6 of this title. A May 18, 2021 - Page 120 of 161 temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including, but not limited to, movies, television shows and audio CDs or records. SIGN, GARAGE SALE (Also Referred To As YARD SALE SIGN): A temporary sign that announces a garage sale or similar event. SIGN, GOING OUT OF BUSINESS: A sign that indicates that the business displaying the sign will cease to operate at any location and/or wishes to liquidate merchandise. SIGN, MEMORIAL: A sign that commemorates an event or person(s) and is placed on a memorial site, including a memorial fountain or statue. SIGN, NEIGHBORHOOD: A sign located within common or jointly owned spaces in a residential district. SIGN, OFFICIAL GOVERNMENT: A sign that is sanctioned by the town of Vail for public use, including directional signs, to control traffic or for other regulatory purposes. A sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. SIGN, PORTABLE: A sign not erected with a permanent fixed location attached to the ground or other permanent structure, including, but not limited to, A-frame and sandwich board signs. A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. SIGN, PRIVATE NO PARKING: A sign on private property that alerts others of nonpublic parking space. SIGN, PRIVATE WARNING: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. SIGN, PROHIBITED: A sign that is not allowed within the town of Vail, or within a specific zone district of the town of Vail. SIGN, PUBLIC INFORMATION: A sign, display board or kiosk that is constructed, erected and maintained by the town of Vail, or with the permission thereof, in order to inform the May 18, 2021 - Page 121 of 161 public of public amenities, community activities, special events, and personal information. SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY: A sign that is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty five (25) parking spaces and/or loading bays available for use by the public. These public parking spaces and loading bays must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. SIGN, SALE: A sign that identifies a discounting of merchandise is taking place within the commercial establishment. SIGN, SKI BASE: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. A sign for use within the town of Vail’s ski base sign district. SIGN, TEMPORARY SITE DEVELOPMENT: A sign permitted to identify and describe a project under construction and the associated hazardous conditions, during large scale development periods as determined by the Vail town council. SITE: The property that provides a location for and justifies the area of a sign. As defined in Section 12-2-2 of the Vail Town Code. SIZE: (See also definitions of Area, Sign.) The dimension of a sign, determined by the type of sign, as further regulated by chapter 6, "Business And Building Identification Signs", of this title. SKI BASE AREA: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. For the purpose of regulating ski base signs, any area within Vail’s Ski base sign district. SPECIALS BOARD: A chalkboard or dry erase board used to display specials at eating and drinking establishments. May 18, 2021 - Page 122 of 161 STAFF: A member or members of the town of Vail community development department, appointed by the town manager and designated to administer and enforce the guidelines outlined in this title. STAINED GLASS: Multicolored pieces of translucent material held together by foil or lead cymes with various joints soldered together. SUBDIVISION ENTRANCE SIGN: A sign that identifies a subdivision or condominium complex or group of apartment buildings having at least one hundred feet (100') of combined building frontage along a vehicular or pedestrian way. TABLET: A slab or plaque with a surface that is intended for or bears an inscription. TRAFFIC CONTROL SIGN (For Private Property): A sign permitted by the town of Vail to identify private parking areas and to direct the flow of traffic on private property. VEHICLE SIGN: Any temporary sign, logo, or advertisement that is placed, painted, attached, or displayed on a vehicle. A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of- way or public property, or on private property so as to be visible from a public right-of- way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. YARD SALE SIGN (Also Known As GARAGE SALE SIGN): A temporary sign that announces a garage sale, open house, or similar event. 11-3-1 Administration of Sign Regulations: A. Administrator: 2. Responsibilities: The administrator/staff shall be responsible for the duties prescribed in this title, which entail the enforcement of the sign regulations. The administrator and his/her designees shall have the right to enter on any site or to enter any structure for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. May 18, 2021 - Page 123 of 161 3. Enforcement: The administrator/staff may serve notice of violation and carry out removal of any sign in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator/staff may call upon the town attorney to institute necessary legal proceedings and the chief of police and/or authorized agents to assist in the enforcement of this title. 11-3-3: Prescribed Regulations Amendment: A. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the PEC and/or town council deem applicable to the proposed text amendment. B. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: May 18, 2021 - Page 124 of 161 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 sign 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. 11-5-2 Design Guidelines: Any sign erected within the town of Vail should: A. Be consistent with the scale and architecture already present in the town: Sign location, configuration, design mounting structure and framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town. E. Use creative graphics and lettering: The creative use of depth, relief, shading, three - dimensional projections and other pleasing textural qualities is generally encouraged. The guidelines that apply to general sign colors likewise apply to graphics and lettering. Three- dimensional projections shall not be calculated as part of total sign area, but the size, placement, and style of the projections shall be subject to design review. 11-5-3 Design Standards: B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. H. Moving Parts: Signs that have, or appear to have, moving parts (aside from natural wind induced movement) are prohibited. I.H. Placement On Public Property: Signs shall be constructed on private property outside of the town right of way and shall not project onto the town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the town of Vail. J.I. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. May 18, 2021 - Page 125 of 161 11-5-4 Sign Measurement: D. Menu Boxes And Display Boxes: Menu and Display boxes shall be measured by the area of the outside dimensions of the box, including framing. 11-6-1: Purpose and Description: Business and building identification signs are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language pertinent to the advertised enterprise. This chapter covers all of the technical information related to business and building identification signs. All business and building identification signs shall comply with the standards outlined in this chapter and shall be subject to design review. 11-6-2: Sign Districts: A. Sign district 1 (SD 1): All of Vail except for property zoned ABD, CC3, and PA-2. B. Sign district 2 (SD 2): All property zoned ABD, CC3, and PA-2 (West Vail and Cascade Crossing). C. Sign District 3 (SD3): West Vail Interchange (CDOT right of way). Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Area as defined by the Ski Base overlay map. 11-6-3: Business Signs: A. Business Identification Signs: 1. Business identification signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business identification sign per public entrance. b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the design review board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian-ways and a minimum clearance of fifteen feet (15') above vehicular-ways. No part of any business identification sign shall extend more than twenty-five feet (25') above existing grade. May 18, 2021 - Page 126 of 161 d. Location: Business identification signs shall be located on the business frontage. e. Type Of Sign: Business identification signs shall not be freestanding. 2. Business identification signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one business identification sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business identification signs is based on the combined business frontages, and is as follows: c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian-ways and a minimum clearance of fifteen feet (15') above vehicular-ways. No part of any business identification sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business identification signs shall be located on the business frontage. e. Type Of Sign: Business identification signs shall not be freestanding. B. Display Boxes (SD1 And SD 2): 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') from above existing grade. 6. Special Provisions: Display boxes are allowed at real estate offices and movie theaters only for the exclusive display of real estate listings and current movie listings. C. Menu Boxes (SD 1 And SD 2): Combined Business Frontages Total Sign Area 0 feet - 12.99 feet 10 square feet 13 feet - 24.99 feet 14 square feet 25 feet - 49.99 feet 20 square feet 50 feet - 74.99 feet 30 square feet 75 feet - 99.99 feet 40 square feet 100 feet plus 50 square feet May 18, 2021 - Page 127 of 161 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per business frontage. No single menu box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of menu box area. 3. Height: The height of the highest part of the menu box shall not extend more than six feet (6') from existing grade. 4. Location: Menu boxes shall be displayed on the business frontage. 5. Special Provisions: Menu boxes are allowed only at eating and drinking establishments for the exclusive display of menus. Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a menu box, electronic signs shall not emit light between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the following day. D. Specials Boards (SD 1 And SD 2): 1. Number: Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6') from existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 5. Special Provisions: Specials boards are allowed only at eating and drinking establishments for the exclusive display of specials. E. Window Signs (SD 1 And SD 2): 2. Area: The area of any all window signs shall not exceed fifteen percent (15%) of the area of the window in which it is they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". Sale signs, May 18, 2021 - Page 128 of 161 business operation signs, promotional event posters and open/closed signs do not count toward window sign area calculations. 4. Special Provisions: Signs placed inside of a business, within three feet (3') of a window and visible from the outside, including, but not limited to, sale signs, business operation signs, and open/closed signs, shall be counted toward total window sign area. F. Sale Signs (SD 1 And SD 2): 1. Number: The number of sale signs per business is not regulated as long as area requirements are met. 2. Area: The combined area of all sale signs shall not exceed three (3) square feet per business. 3. Location: Sale signs may be attached to outdoor display fixtures or shall be placed inside windows. 4. Special Provisions: Sale signs that are displayed in windows do not count toward window sign area calculations. G. Business Operation Signs (SD 1 And SD 2): 1. Number: The number of business operation signs is not regulated as long as area requirements are met. 2. Area: Each business shall be allowed up to one and one-half (1.5) square feet of business operation signage per public entrance. 3. Height: The top of any business operation sign shall not exceed five feet (5') from the floor plate of the business. 4. Location: Business operation signs shall be allowed only at the public entrance of a business. 5. Special Provisions/Purpose: Business operation signs are intended to provide information such as affiliations, hours of operation, and accepted credit cards or forms of payment. Business operation signs do not count toward window sign area calculations. H. Open/Closed Signs: 1. Number: Each business shall be allowed one open/closed sign per public entrance. 2. Area: Each open/closed sign may contain up to 1.5 square feet of window signage per public entrance. 3. Height: The top of any open/closed sign shall not exceed five feet (5') from the floor plate of the business. 4. Type Of Sign: Open/closed signs shall be window signs. May 18, 2021 - Page 129 of 161 5. Special Provisions: The one open/closed sign allowed per public entrance may be two (2) faced for convenience. Open/closed signs do not count toward window sign area calculations. I. Sign District 3 (SD 3); Business Signs: All signs in sign district 3 (SD 3) exist under the authority of the Colorado department of transportation (CDOT) and are not regulated by the requirements set forth in this title. 11-6-4: Building Identification Signs: A. Description: A building sign indicates the name of a building, which, in some cases (such as a hotel or lodge) may be the same as the primary business and building owner. All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). 4. Sign District 3 (SD 3); Types Of Building Identification Signs: All signs in sign district 3 (SD 3) exist under the authority of the Colorado department of transportation (CDOT) and shall not be regulated by the requirements set forth in this title. 11-7-1: Flags, Pennants, Banners, and Bunting: A. Description: Flags, pennants, banners, and bunting shall be subject to design review and placed appropriately within the town in order to add color and vitality to the town of Vail. 1. Clearance: Flags, pennants, banners, and bunting shall have a minimum clearance of eight feet (8') when projecting over public walkways and a minimum clearance of fifteen feet (15') when projecting over vehicular streets. 2. Special Events: Banners, pennants, bunting, or decorations of a temporary nature used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a special events permit from the town of Vail. a. Review: Granting of a special events permit that involves signage shall be preceded by staff review. b. Removal: In the event that pennants, banners, or bunting are not removed by the owner on the date specified on the special events permit, May 18, 2021 - Page 130 of 161 written notice will be sent by certified mail to the owner and the item(s) will be removed by the town of Vail at the owner's expense. 3. Advertising Prohibited: Pennants, banners, and bunting that are not associated with community events or activities but are for the purpose of advertising a business or product only are not allowed. A. Quantity: A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. This is the size of the Town’s international flags, but we do display some larger ones as well, s hould be able to exempt these as government signs. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight (8) feet when projecting over public walkways and a minimum clearance of fifteen (15) feet when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five (25) feet within the Town of Vail. This is the height of Vail’s international flags, but the Town has poles up to 40ft. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non-Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 11-7-2: Private No Parking Signs: A. Size: Private no parking signs shall not exceed two (2) square feet in size and shall be composed of natural colors according to subsection 11-5-2D of this title. Private no parking signs shall read as follows: PRIVATE PARKING UNAUTHORIZED VEHICLES WILL BE TOWED BY OWNER 11-7-3: Public Information Signs: May 18, 2021 - Page 131 of 161 A. Description: All public information signs shall include any display board or kiosk with the intended use of locating posters, handouts, and cards identifying community activities, special events, and personal information. B. Size, Height, Number, Location, Design, Lighting And Landscaping: Subject to design review. C. Special Provisions: All display boards and kiosks shall be constructed, erected, and maintained by the town of Vail or with the permission thereof. 11-7-4 11-7-2: Residential Nameplate Signs: A. Description: A residential nameplate sign identifies a house by displayi ng the family name and/or the home name and the address. 1. Size: Size shall not exceed one-half (1/2) square foot per single-family or duplex structure or one-half (1/2) square foot for each multi-family unit dwelling unit. 2. Height: No part of the sign shall extend above eight feet (8') from above existing grade. 5. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. A freestanding sign may be used for a single-family or duplex dwelling structure. 8. Special Provisions: Nameplate signs in HDMF, LDMF, MDMF zones shall be restricted to one wall mounted sign per living unit in structures having two (2) or more living units. Further, such Structures having three (3) or more living units may have one exterior wall mounted nameplate residential sign directory, provided that the individual nameplates signs of the directory are of a standard design and size. All joint directory nameplate signs shall be kept current 11-7-5: Subdivision Entrance Signs: A. Description: A subdivision entrance sign identifies the entrance to a major subdivision, condominium complex, or group of apartment buildings that have at least one hundred (100) linear feet of frontage along a vehicular/pedestrian way. 1. Size: Combined size of all faces of a multisided sign may not exceed twenty (20) square feet. 2. Height: No part of the sign shall extend more than eight feet (8') from existing grade. 3. Number: Limited to a maximum of one sign per major entry providing access to a subdivision. Final decision as to the determination of a major entry shall be at the discretion of the staff, subject to design review. 4. Design: Subject to design review. 5. Lighting: Indirect or pan channeled. May 18, 2021 - Page 132 of 161 6. Landscaping: Subject to design review. 11-7-3: Neighborhood Signs: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number: One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8’) above finished grade. 11-7-6 11-7-4: Construction Signs: A. Description: A sign permitted to identify and describe a project under construction. 1A. Area: In all residential zone districts, the area of any construction sign shall not exceed eight (8) square feet. In all other zone districts, The area of any construction sign shall not exceed twenty (20) eight (8) square feet. with a horizontal dimension no greater than ten feet (10'). 2B. Height: The top of a construction sign shall be no higher than eight feet (8') from above grade. 3C. Number: One (1) sign per approved construction site entrance. 4 D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. 5 E. Lighting: Not permitted. 6 F. Type Of Sign: Construction signs shall not be freestanding signs. 7. Design: Subject to design review. 8. Landscaping: Not applicable. 9 G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. 10. Content: No content other than listed below shall be included on a construction sign: a. Construction signs shall include the following information: (1) Physical address of the construction site. May 18, 2021 - Page 133 of 161 (2) Building permit number(s). (3) Construction project name(s). (4) One emergency contact, including one individual and business name, one telephone number and one e-mail address. b. Construction signs may include the following additional information: (1) One business logo of the emergency contact. (2) Brief factual description of the construction project. (3) One website address. (4) One quick response (QR) code. (5) An artist rendering of the finished construction project. (6) Proposed construction completion date. 11. Special Provisions: Signs identifying dangerous or hazardous conditions associated with a construction site are exempt from design review as further regulated by section 11-9-1, "Exempt Signs", of this title. H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. 11-7-7: Traffic Control Signs For Private Property: A. Description: A traffic control sign shall be placed in order to relieve vehicular and pedestrian traffic congestion and promote the safe and expedient flow and parking of traffic on private property. 1. Size: All vehicular traffic control signs shall not exceed one square foot except for multipurpose signs which shall not exceed four (4) square feet and except for private parking signs which shall not exceed two (2) square feet. All pedestrian traffic control signs shall not exceed one square foot, except multipurpose signs, which shall not exceed four (4) square feet, subject to design review. 2. Height: No part of the sign shall extend above six feet (6') from existing grade. 3. Number: Subject to design review. 4. Location: Location shall be subject to design review, with approval from the town engineer for any sign placed adjacent to a public street or way. 5. Design: Subject to design review. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: May 18, 2021 - Page 134 of 161 a. May be either freestanding or wall mounted, with same size requirements. b. No sign shall contain any advertising, but may identify the owner by name. 11-7-8 11-7-5: Entertainment Theater Signs: Theaters and movie/media rental business will be allowed three (3) poster in the front window at any one time. The allowable area of each entertainment theater sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters Theater signs may be electronic signs. When used as an entertainment a theater sign, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as an entertainment a theater sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the following day. 11-7-9: Garage and Yard Sale Signs: A. Garage sale and yard sale signs temporarily erected on residential property are subject to the following: 1. Type: Garage and yard sale signs may be freestanding or wall signs. 2. Quantity: There shall be a maximum of one sign upon the advertised property and one directional sign off site. 3. Area: The maximum area of any single sign shall not exceed one and one-half (11/2) square feet. 4. Height: The height of the sign shall not exceed five feet (5') from the grade at the base of the sign. 5. Display Duration: The allowed signs shall only be displayed within twenty four (24) hours prior to the start of the sale and during the period of time that the garage or yard sale is in progress. 11-7-10 11-7-6: Open House Signs: A. Description: Signs advertising and directing vehicular traffic to an open house are subject to the following: 1. Type: The sign may be freestanding or a wall sign. 2. A. Number: There shall be a maximum of one sign on the property where the open house is being conducted and three (3) vehicular directional signs off site. For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. May 18, 2021 - Page 135 of 161 3. B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right - of-Way. a. An on site open house sign shall be located on the specific property being shown, and shall not be located off site (including at real estate offices). b. Vehicular directional open house signs are prohibited within the Colorado department of transportation's (CDOT's) North Frontage Road, South Frontage Road, Bighorn Road, and Interstate 70 rights of way. c. Vehicular directional open house signs are prohibited within any designated public pedestrian area. d. Vehicular directional open house signs are prohibited on private property without the consent of the property owner. e. Vehicular directional open house signs shall not obstruct any public street, sidewalk, recreational path or any public snow removal operations. 4 C. Area: The area of any single on site open house sign or vehicular directional open house sign shall not exceed three (3) square feet. 5 D. Height: The height of any single on site open house sign or vehicular directional open house sign shall not exceed five feet (5') four feet (4’) as measured from the top of the sign to the grade at the base of the sign. 6 E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an “open house”). a. On site open house signs and vehicular directional open house signs may be displayed up to one hour before the beginning of the open house and must be removed no later than one hour after the conclusion of the open house. b. On site open house signs and vehicular directional oOpen house signs may only be displayed between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on a daily basis. c. On site open house signs and vehicular directional open house signs shall not be displayed for more than three (3) consecutive days. 7. Design: Not subject to design review. 8. Lighting: Not permitted. 9. Special Provisions: No flags, pennants, banners, bunting, balloons, any other similar items may be attached to an on site open house sign or a vehicular directional open house sign. 11-7-11 11-7-7: Balloons: May 18, 2021 - Page 136 of 161 11-7-12 Vehicular Signs: Any vehicles displaying the name of the business associated with said vehicle shall be used on a regular basis for service and delivery or other vehicular needs related to that business activity. Vehicular signs shall not be used for the sole purpose of advertising a business, as determined by the administrator. 11-7-13 Promotional Event Posters: A. Description: A sign depicting an event in the community that is not an exclusive advertisement for the business in which it is displayed. B. Number: No more than ten (10) promotional event posters shall be displayed by a business. C. Area: The area of promotional event posters shall not exceed twenty five percent (25%) of the total window area. Promotional event posters do not count toward window sign area calculations. D. Height: The top of any promotional event poster shall not extend more than twenty- five feet (25') above existing grade. E. Location: All promotional event posters shall be displayed inside windows of a business. F. Type Of Sign: Promotional event posters shall be window signs. G. Duration: Promotional event posters shall be removed within three (3) days of completion of the promoted event. 11-7-14 11-7-8: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12 -2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty five (25) parking spaces and/or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and/or symbols identifying parking and/or loading bays available for use by the public on no less than fifty percent (50%) of the total sign area. b. Signs may identify the owner or the project name and logo. May 18, 2021 - Page 137 of 161 c. Changeable copy may be allowed to identify the availability of parking spaces and/or loading bays. 11-7-15 11-7-9: Ski Base Area Signs: A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal recreational activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multiseasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. c. Signs advertising on mountain third party corporate sponsors or logos as determined at the sole discretion of the town's reviewing agencies, eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. 11-7-16: Informational and Directional Sign for Public Parking on Private Property: A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and/or hourly use by the public and advertising the daily and/or hourly rate. B. Applicability: An informational and directional sign shall only be allowed for property having obtained approval from the town for daily and/or hourly use of parking spaces by the public. C. Number And Location: Subject to review and approval of the administrator. D. Size And Design: All informational and directional signs shall comply with the standards prescribed in exhibit A of this section, as applicable: May 18, 2021 - Page 138 of 161 EXHIBIT A INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. 2. The daily and/or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the administrator. Any action of the administrator may be appealed to the design review board, pursuant to this title. F. Expiration: The provisions of this section shall expire on November 19, 2013. 11-7-10: Restaurant Signs: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number: Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number: Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6') above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following May 18, 2021 - Page 139 of 161 findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 11-7-11: Additional Temporary Signage: A. Description: Each property within the Town of Vail shall be allowed, without a permit, one (1) additional temporary sign, subject to the following standards. B. Size: No temporary sign shall not be greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four (4) feet above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No sign falling under this provision shall be displayed for more than fourteen (14) days per year. Additional Temporary signage may only be displayed between eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. on a daily basis. 11-9-1: Exempt Signs: B. Notices posted by governmental officers in the performance of their official duties; C B. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; D C. Works of "fine art", including murals, which do not advertise a product or business and which have been approved by the town of Vail's art in public places board (AIPPB) A mural that has received approval by the Art in Public Places Board; E D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; however, such holiday decorations shall be removed once their condition has deteriorated such that they are no longer attractive; H. The inscription of names (or dates) of buildings, when etched into masonry in one location on any business or premises, and in conformity with chapter 6, "Business And Building Identification Signs", of this title. Each letter of an inscription may not exceed two inches (2") in height and the total engraved area may not occupy more than three (3) square feet of the surface of the building; I. Signs in the I-70 right of way, which are regulated by the Colorado department of transportation (CDOT); May 18, 2021 - Page 140 of 161 J. All political signs, as defined in chapter 2 of this title; K. Sale signs; L. Business operation signs; M. Open/closed signs; N. Promotional Event Posters O. Garage and yard sale signs; and G. Private Warning Signs 11-9-2: Prohibited Signs: E. Any sign advertising for a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; N. Going out of business signs; and O. Portable signs, except official government signs, open house signs, and ski base signs. N. Vehicular signs as defined by this Title. May 18, 2021 - Page 141 of 161 TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 26, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail requests the review of a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes. This meeting is intended to discuss changes made to the proposed sign code draft since the last Planning and Environmental Commission meeting and to request a recommendation of approval to the Vail Town Council. Based upon staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, subject to the findings in Section IX of this memorandum. II. PREVIOUS MEETINGS On March 23rd, 2021, Staff brought a draft to the PEC for a review of the broad approach to the sign regulations. Staff did not ask for a recommendation to the Town Council at this meeting, but instead asked for broad feedback from the Commission. Concerns brought by the PEC were: May 18, 2021 - Page 142 of 161 Town of Vail Page 2 • A concern over the lack of regulations for theater signage due to an understanding that theaters have unique and additional signage needs. • Concerns in relation to the additional temporary signage section, specifically related to the amount of signage being allowed and a concern that this would lead to an overabundance of real estate related signs. Staff returned to the PEC on April 12th, 2021, with changes that addressed these concerns. At this meeting staff also discussed, in detail, proposed changes to the sign code that would have an effect on signage allowances. Through this meeting, the PEC recommended a number of additional changes which included: • Reducing the maximum area allowed for any construction sign to 8 square feet • Allowing one (1) construction sign at each approved construction site entrance o Staff has amended the construction sign section to reflect both of these requests • Setting a timeframe during the day for the display of additional temporary signs and open house signs o Staff has set a timeframe of 8 am to 8 pm as the allowed display period for these signs. On April 21st, 2021, Staff met with the Design Review Board to discuss the proposed sign code as well. While the DRB does not have a reviewing role in code amendments, the extent of changes to the sign code and their role in enforcing the code warranted their feedback on the proposed changes. The DRB expressed some concern over the inability to regulate signage content but understood the inability to do so following Reed v. Town of Gilbert. The DRB requested no substantial changes to the proposed sign code, but did request that their ability to regulate texture and extent of lettering or design projections be made clear. Staff has made a small edit to the Design Guidelines stating that these qualities are subject to design review. III. BACKGROUND/SITUATION TO BE ADDRESSED On June 18th, 2015, the Supreme Court of the United States (SCOTUS) issued a decision on Reed v. Town of Gilbert in favor of Reed that put the constitutionality of sign codes in many municipalities, including the Town of Vail, into question. The majority opinion of the Court held that all content-based sign code regulation, regulation that requires one to read the content of a sign’s speech in order to determine how it is regulated, is subject to strict scrutiny in court. Strict scrutiny for a regulation would require a government to show that the regulation both furthers a compelling government interest and is narrowly tailored to further a government interest; this level of review is usually fatal to the regulation in question. The Court also held that speaker distinctions in sign codes, regulations that apply to a specific speaker or type of speaker, may be May 18, 2021 - Page 143 of 161 Town of Vail Page 3 subject to strict scrutiny if the distinction is reflective of a content preference by the governing entity. The SCOTUS decision generally points to municipalities needing sign codes that address time, place, and manner distinctions only when it comes to sign regulation. However, the decision left a few open questions in regard to what can and can’t be safely regulated. Namely, whether on-premise vs. off-premise distinctions are content neutral, if time restrictions on signs for one-time events are content neutral, and whether the same level of scrutiny applies to content regulations for commercial signs as it does to noncommercial signs. These questions are likely to have more concrete answers as they are heard in lower courts following the Reed v. Town of Gilbert decision. Regardless, in the wake of this decision many municipalities across the United States have moved to update their sign codes to remove content distinctions in their regulations wherever possible, and to reduce on-premise vs. off-premise distinctions and commercial content regulations as much as is manageable. In 2019, Staff began to examine Vail’s sign code in detail in order to identify problematic regulations for adjustment or removal. Staff researched other municipalities that had updated their regulations and academic reviews of the Reed v. Gilbert case in order to assist in rewriting regulations. In late September and early October of 2020, three engagement meetings were held virtually in order to discuss the proposed changes to the Title 11 sign code. These meetings were not highly attended, but the proposed changes were generally well received by those in attendance. Following these meetings, the updated proposed sign code was reviewed by the Town Attorney who provided further recommendations for adjustments. Changes proposed in the current draft of the new sign code aim to remove content and speaker distinctions as much as possible, to “clean up” the code by removing redundant or irrelevant definitions and regulations, and to address concerns brought by the PEC at previous meetings. The new sign code in the form of a repeal and replace ordinance (Attachment A), the proposed Ski Base Overlay sign district map (Attachment B), and a line-by-line breakdown of the proposed changes from the existing sign code (Attachment C) are attached for review. IV. PROPOSED TEXT AMENDMENT LANGUAGE Various changes are proposed for nearly every chapter of the Title 11 sign code. Please see Attachment A for the new proposed sign code language and Attachment C for how the changes present in the proposed sign code relate to the existing sign code language. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications are reviewed by the Planning and Environmental Commission and the Commission forwards a recommendation to the May 18, 2021 - Page 144 of 161 Town of Vail Page 4 Town Council. The Town Council then reviews the text amendment application and makes 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. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code, however it is common practice for the Design Review Board to weigh in on amendments that would have an impact on the overall appearance of the Town. 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, Prescribed Regulations 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 11, Sign Regulations, Vail Town Code CHAPTER 11-1, DESCRIPTION, PURPOSE, AND APPLICABILITY (in part) Section 11-1-2: Purpose: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: May 18, 2021 - Page 145 of 161 Town of Vail Page 5 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT (in part) Section 12-3-7: Amendment: A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental May 18, 2021 - Page 146 of 161 Town of Vail Page 6 commission and town council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed sign code update furthers the general and specific purposes of the zoning regulations by making regulations more fair and consistent through the removal of most content and speaker-based distinctions. The sign code update ultimately allows for a greater degree of freedom and creativity in sign design as a result of this effort as well. While the proposed update removes much of the Town’s ability to control the actual content of a sign itself, the update generally preserves May 18, 2021 - Page 147 of 161 Town of Vail Page 7 current signage area and number allowances, thereby preventing unnecessary clutter. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and While little of the Vail comprehensive plan speaks directly about signage, it can be inferred that this proposed update overall helps to achieve the applicable goals, objectives, and policies of the comprehensive plan. A common theme in Vail’s documents that make up the comprehensive plan speak of the need to preserve the existing character of the town. For example, a goal in the Vail Land Use Plan it states: 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) These elements of ambiance mentioned above can still be regulated in the town’s signs through size constraints, number constraints, material constraints, lighting constraints, and location constraints without having to enforce content distinctions. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Vail’s sign code has had one minor update, relating to Ski Base Area Signs, since 2010. This means that the majority of the town’s sign code was written well before the SCOTUS determination in Reed v. Town of Gilbert. Because of this, much of the existing sign code was written in a regulatory landscape that no longer exists. Prior to 2015, though not universally, content distinctions in sign codes were often subject to intermediate scrutiny at worst and successfully justified through purposes that claimed no favoritism for any particular viewpoint or speaker. While these purposes are still important to sign code regulations, content-based regulations now require a significantly higher burden of proof from local governments to show that these regulations are furthering a compelling government interest and constitutional. For many content-based regulations this is not feasible, if not impossible. Staff finds that this criterion has been met. May 18, 2021 - Page 148 of 161 Town of Vail Page 8 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. The proposed regulations should not significantly increase clutter in Vail via signage, and the regulations do not limit the town’s ability to regulate signage size or location. Due to the nature of these changes to the sign code largely being the removal of content restrictions, they should have no impact on other existing land use regulations and are not expected to create nonconformities with existing signs. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, 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 May 18, 2021 - Page 149 of 161 Town of Vail Page 9 regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VII of the April 26, 2021 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." X. ATTACHMENTS A. Draft Ordinance B. Ski Base Area Overly Map C. Detailed Changes from the Existing Sign Code May 18, 2021 - Page 150 of 161 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N April 26, 2021, 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_QJ ybkNzgQ2eMGMYxH6F E0g 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, Reid Phillips, Pete Seibert, Henry Pratt Absent: None 2.Main Agenda 2.1.A Report to the Planning and Environmental Commission of an administrative action regarding a minor amendment to Special Development District (S D D) No. 6, Village I nn Plaza, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan and to increase site coverage, add commercial floor area and expand the plaza area, located at 68 East Meadow Drive, Unit 602 /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (P E C21-0011) 10 min. Applicant:V V I P Commercial LLC, represented by Mauriello Planning Group Planner:Greg Roy Planner Roy introduced the project by describing the addition of 440 sq ft of floor area. This additional area was added under an existing deck. Roy explained the location of the project within the Village. He also explained that staff added several conditions. 2.2.A request for a review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, to allow for a retaining wall in excess of six (6) feet in height and a variance from Section 14-10-4 Architectural Projections, Decks Balconies, Steps, Bay W indows etc., Vail Town Code, to allow an at grade patio and hot tub within the required 7.5’ setback, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, located at 2945 Manns Ranch Road Unit A/Lot 4, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (P E C21-0013) 20 min. Applicant:J ames Guy Cauthorn Trust, represented by Fieldscape Planner:J onathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. May 18, 2021 - Page 151 of 161 2. Prior to submitting for building permit, the applicant shall provide an executed agreement to run with the property that outlines maintenance protocol. 3. Prior to submitting for building permit, the applicant shall amend the plans to demonstrate the required 2' offset from the property line. Karen Perez joined at this point in the meeting. Planner Spence introduced the project by showing the location of the variance and the history of the proposal which involved a greater variance request. Spence showed a number of photos illustrating the existing conditions of the patio and retaining walls. The retaining wall height variance is no longer being requested after internal discussions with staff and the applicant. Staff is supportive of the setback variance. There are also some landscaping improvements proposed on the adjacent property. The adjacent property has signed off on the application. Commissioner Gillette: Expressed some concern over the impact of this proposal when the owners change. Chairman Kurz echoed this concern. Spence: Recommended that the existing owners make a written maintenance agreement. Ric Fields: Stated that a maintenance easement will be established. Gillette: Asked a question about a previous similar project. Commissioner Kjesbo: Asked a clarification question about the Town not entering into these private agreements. Spence: Stated that the Town does not enter into the agreement but can recommend that an agreement is made. Spence: Stated that the proposal will still need D RB approval. Commissioner Pratt: Expressed concern over a drawing that does not show the retaining wall 2 ft off of the property line, as was stated in the presentation. Fields: Stated that the drawings would be updated to address this in the D RB and later approvals. No Public Comment Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (7-0). 2.3.A request for the review of a Development Plan, pursuant to Section 12-6I - 11, Development Plan Required, Vail Town Code, for a new housing development to be located at 129 North Frontage Road W est/Lot 3, Middle Creek Subdivision Resub Lot 1, and setting forth details in regard thereto. (P E C21-0015) 60 min. Applicant:Town of Vail, represented by Triumph Development Planner:Greg Roy May 18, 2021 - Page 152 of 161 Planner Roy explained that this was the second time this project has come before the P E C and that the applicant is not requesting approval at this meeting. Roy next gave a brief overview of the project and the existing conditions. He explained changes that have occurred since the last meeting including a reduction in building height and additional parking. The updated proposal also includes a number of tandem parking spaces. Roy showed diagrams representing the proposed changes to the roof forms. Roy also explained that staff only received the updated drawings on the previous Thursday and has not had the opportunity to review in full. Mike Foster: Explained the location of the proposed bike storage and maintenance area. He then discussed the updated parking plan. The parking has increased from 55 spaces to 83 spaces. He discussed a previous concern raised by the P E C regarding needed changes to the frontage road. From discussions with Public Works it was determined that no changes to the frontage road will be needed. Next Foster discussed the snow storage plan. Then he discussed the new roof forms and the massing of the project. He stated that a little more work is still needed on some of the elevations. W ill Hentschel: W ill started by reviewing the criteria for the Housing District. He discussed the updated architecture of the project including providing some more detail on the berm proposed for the front of the property. W ill next discussed issues raised by the D RB. Stepping the development up the hill was stated to be very difficult due to the steep slopes further back on the site. W ill discussed the architecture and character of the proposed project in relation to similar adjacent projects in detail. He next moved on to discussing the scale of the project and how it is similar to that of First Chair and Solar Vail. He discussed the building in relation to the hillside and spoke to how Middle Creek was able to develop on more of a bench. This site has consistent steep slopes behind the proposed building. He discussed the amenities such as outdoor spaces, laundry, storage, and a community room. Michael O’Connor: Started by discussing the outdoor space in detail and its functionality for residence. He discussed buffering from other properties. Michael next spoke to the vehicular and pedestrian circulation, this included the mobility management plan. He discussed how the parking spaces will be allocated and leased, the parking study conducted by Mc Dowell Engineering, a comparison between this project’s parking ratio and similar town project’s parking ratios, and the presence of a nearby bus stop and spaces for car-sharing vehicles. Michael reiterated the difficulty and impact of developing further into the steep slopes. Commissioner Perez: Asked for some clarification on the interplay between parking and snow storage proposed. These are individual requirements and so a tradeoff is not the intention of the district. Also asked a question about the assigned spaces. O’Connor: Stated that with the assigned spaces they have a parking ratio of 1.04 spaces per unit. Perez: Stated that Solar Vail had a shuttle service as part of their approval and that First Chair is already in the Village where most employees would work. Wants to make sure parking analysis is comparing apples to apples. Commissioner Phillips: Stated that First Chair is not near the Lionshead parking structure. Also wants to make sure the P E C is thinking creatively about the environmental impacts of this proposal. Expressed some concern May 18, 2021 - Page 153 of 161 with overparking and not encouraging enough multimodal transit. Being too car-centric is not forward thinking. Doesn’t make sense to shoot down housing for parking. Perez: Stated that the current issue is that the P E C can’t approve too many “floating” parking spaces. Wants a clear count of what parking is consistently available. Gillette: A mobility plan needs to justify its number of parking spaces its replacing. Not everything that tenants need can be done in the Village. The mobility management plan needs more detail on car-sharing spaces and bus transit and how these will address needs of tenants outside the Village. Kurz: The most critical component of the discussion so far appears to be the mobility management plan. Asked if the applicant is proposing full time on- site management of the parking. O’Connor: Stated that one of the units is designed so that it can be converted into an on-site management office. Also stated that the Triumph office is just across the roundabout on the other side of the freeway at this time. Gillette: W ants to see some more detailed site plans and topography on the site slopes. Stated that the east elevation needs more work. Wants to see full level staggering with the roof form. Need more detail on fenestrations and railing. Thinks that the solar panels will create snow shedding issues. Has some concern with the bike storage and the proximity of the bike maintenance to the trash area. Doesn’t like adding trellises. Asked if there was an existing trail on the site and that this should be enhanced and not lost if it is there. Reiterated needing more detail in the parking management plan. Commissioner Seibert: W ants something more to break up the north elevation. Asked a question about the electric vehicle spots and how easy they would be to add to in the future. Commissioner Pratt: W ants an explanation of the difference between the reported parking used from Middle Creek management and the reported parking used at Middle Creek from the applicant. Thinks the trash is in a better location but wants to see turning motions for a garbage truck accessing it. W ants the applicant to think more about the location of a generator. Kurz: Echoed Pratt’s desire to explain the difference in reported parking use at Middle Creek. Kjesbo: Stated that the applicant had addressed many of the issues. Thinks parking should not be limited to a specific unit. Asked about guest parking. Likes the storage units and the new location of the trash enclosure. No public comment. Kurz: Mentioned a letter comment that is part of the record. Karen Perez moved to continue to May 10, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.4.A request for the review of a variance from Section 12-21-10 Development May 18, 2021 - Page 154 of 161 Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 129 North Frontage Road West/Lot 3, Middle Creek Subdivision Resub Lot 1, and setting forth details in regard thereto. (P E C21-0016) This item will be heard with P E C21-0015. Applicant:Town of Vail, represented by Triumph Development Planner:Greg Roy See minutes for P E C21-0015 Karen Perez moved to continue to May 10, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.5.A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (P E C20-0032) 60 min. Applicant:Town of Vail Planner:Erik Gates Planner Gates gives a presentation on the topic including the review of the last P E C meeting, the response to those items, the D RB meeting concerns and timeline moving forward. Commissioner Pratt asked a question regarding signage at the Ski Museum. Gates responded by stating that the signage there was approved through a sign program and that this process would be preserved in the new code. No public comment. Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the motion and it passed (7-0). 2.6.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (A OS) zoning to Housing (H), located at 1497 South Frontage Road W est and setting forth details in regard thereto. (P E C21-0009) The legal description of the parcel can be found as an attachment to the agenda item. This application has been withdrawn by the applicant. Applicant:Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner:J onathan Spence 2.7.A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. May 18, 2021 - Page 155 of 161 (P E C21-00010) The legal description of the parcel can be found as an attachment to the agenda item. This application has been withdrawn by the applicant. Applicant:Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner:J onathan Spence 3.Approval of Minutes 3.1.April 12, 2021 P E C Results Rollie Kjesbo moved to approve. Pete Seibert seconded the motion and it passed (7-0). 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department May 18, 2021 - Page 156 of 161 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : O rdinance No. 10, S eries 2021, S econd Reading, an O rdinance A mending S ection 7-3D -1 of the Vail Town Code to I ncrease the P enalties for P arking Violations in the A rea A round the B ooth L ake Trailhead P RE S E NT E R(S ): R yan K enny, Police C ommander AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Ordinance No. 10, Series of 2021 upon second reading B AC K G RO UND: A t Council’s direction, the East Vail Trailheads Committee met and discussed options for curbing illegal parking at the B ooth F alls Trailhead. A fter considering several options, a special enforcement area was selected as the best option. The enforcement area is Booth L ake Trailhead known as the B ooth L ake Trailhead Parking Z one, which shall include Mann's R anch Road, Booth F alls Road, Booth F alls Court, and the 2800 – 3700 block of the North F rontage Road. P arking f ines in this area will start at $100 f or the first offense, $200 f or the second and $300 for the third. S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Ordinance No. 10, S eries of 2021 upon second reading AT TAC H ME N TS : Description Ordinance 10, Series 2021 Map May 18, 2021 - Page 157 of 161 1 4/27/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PARKING FINES-O041921.DOCX ORDINANCE NO. 10 SERIES 2021 AN ORDINANCE AMENDING SECTION 7-3D-1 OF THE VAIL TOWN CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN THE AREA AROUND THE BOOTH LAKE TRAILHEAD WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule charter, the Town is empowered to regulate and restrict the stopping, standing or parking of vehicles within its jurisdiction; and WHEREAS, the Town Council finds and determines that increased penalties are necessary for parking violations in the area around the Booth Lake Trailhead. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3D-1(A) of the Vail Town Code is repealed in its entirety and reenacted as follows, and a new Section 7-3D-1(D) is hereby enacted to read as follows: 7-3D-1: PENALTIES: A. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation other than a violation of Section 7-3C-1 or Section 7-3D-1(C) shall be fined as follows: First offense: $50.00 Second similar offense within one year: $75.00 Subsequent similar offenses within one year: $150.00 * * * D. There shall be a special enforcement area surrounding the Booth Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and the 2800 – 3700 block of the North Frontage Road. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation in the Booth Lake Trailhead Parking Zone shall be fined as follows: May 18, 2021 - Page 158 of 161 2 4/27/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PARKING FINES-O041921.DOCX First offense: $100.00 Second similar offense within one year: $200.00 Subsequent similar offenses within one year: $300.00 Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 2021 and a public hearing for second reading of this Ordinance is set for the ____ day of ____________, 2021, 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 ________________, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk May 18, 2021 - Page 159 of 161 Booth Lake Trailhead- Parking Lot ClosedTo All Vehicles - U.S.F.S. §¨¦70 Town of Vail !C N FRONTAGE RD E ASPENLN BIGHORNRD B O O T H C R E E K D RBOOTHF ALLSRDM A N NSRANCHRDBALDMOUNTAINRD BOOTH F A L L S CTKATSOSRANCHRD I 0 550 1,100275Feet B o o t h L a k e T r a i l h e a d P a r k i n g Z o n eBooth L a k e T r a i l h e a d P a r k i n g Z o n e E n f o r c e m e n t Z o n e : B o o t h F a l l s C t ; B o o t h F a l l s R d ; M a n n ’s R a n c h R d ;E n f o r c e m e n t Z o n e : B o o t h F a l l s C t ; B o o t h F a l l s R d ; M a n n ’s R a n c h R d ;a n d t h e 2 8 0 0 - 3 7 0 0 b l o c k o f t h e N o r t h F r o n t a g e R d .a n d t h e 2 8 0 0 - 3 7 0 0 b l o c k o f t h e N o r t h F r o n t a g e R d . This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: April 29, 2021May 18, 2021 - Page 160 of 161 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 7:05 (estimate) May 18, 2021 - Page 161 of 161