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
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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.
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : 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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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).
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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
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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
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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
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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;
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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
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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
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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
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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.
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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.
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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
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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)
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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
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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
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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
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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
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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:
________________________
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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.
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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
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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
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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
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : 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
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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
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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.
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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.
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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
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : 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
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{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
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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
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{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
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{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
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{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.
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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: _______________________________________
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{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.
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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
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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
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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
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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
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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.
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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.
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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
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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.
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(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.
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(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.
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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.
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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.
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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.
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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:
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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:
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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.
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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:
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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:
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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.
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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.
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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
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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,
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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.
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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,
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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:
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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);
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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.
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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:
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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
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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
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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:
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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
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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
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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
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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: $150.00
* * *
D. There shall be a special enforcement area surrounding the Booth
Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which
shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and
the 2800 – 3700 block of the North Frontage Road. Every person who is
convicted of, who admits liability for, or against whom a judgment is entered
for a parking violation in the Booth Lake Trailhead Parking Zone shall be
fined as follows:
May 18, 2021 - Page 158 of 161
2
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\\FILESERVER2019\REDIRECTED$\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
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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