HomeMy WebLinkAbout2021-08-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 PM, August 3, 2021
Meeting to be held in C ouncil Chambers and Virtually on
Zoom (access H igh Five Access Media livestream day of the
meeting)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
1.1.Public I nput
2.Any action as a result of executive session
3.Appointments for Boards and Commissions (5 min.)
3.1.Appoint a Member to the Building and Fire Codes Appeals Board (B&FC A)
Action Requested of Council: Motion to appoint one person to serve as an
alternate member on the Building & Fire Code Appeals Board for a partial
term ending March 31, 2023.
4.Consent Agenda (5 min.)
4.1.Resolution No. 34, 2021, A Resolution Amending A Budget and Making
Appropriations to Pay the Costs, Expenses and Liabilities of the Vail Local
Marketing District, for the Fiscal Year J anuary 1, 2021 Through December
31, 2021
Action Requested of Council: Approve Resolution No. 34, Series of 2021, a
resolution amending the 2021 V L MD Budget
Background: Please see attached memo.
Staff Recommendation: Approve Resolution No. 34, Series of 2021
4.2.Contract with 106 West (Loading and Delivery)
Background: Loading and delivery continues to be an issue in Vail Village.
The Town Manager's office has convened at Task Force to address a broad
range of issues. Local contractor 106 W est Logistics is uniquely qualified
August 3, 2021 - Page 1 of 115
and has worked with our Vail Police Department to draft a pilot program that
can be implemented this winter.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement with 106 West in an amount not to exceed $380,703.50.
5.Town Manager Report (10 min.)
5.1.Public Health Crisis Update
5.2.Community Picnic Tuesday, August 10 at Donovan Pavilion
6.Presentations / Discussion
6.1.Discussion about Proposed Tax Measures for November Ballot as
Dedicated Funding for Housing and Year-Round Marketing/Special Events
I nitiatives
45 min.
Presenter(s): Scott Robson, Town Manager, George Ruther, Housing
Director, Mia Vlaar, Economic Development Director, Patty Mc Kenny,
Assistant Town Manager
Action Requested of Council: The Town Council is asked to provide
direction about whether to proceed with drafting resolutions and final ballot
language that would address the tax proposals for dedicated revenue
sources for housing (sales tax increase considered by Vail Town Council)
and year-round marketing/special events (marketing and promotion tax
increased to be considered by Vail Local Marketing District).
Background: The Town Council is asked to discuss the direction they would
like to take regarding the submittal of ballot questions for the November
election addressing dedicated funding sources for two initiatives, housing,
and year-round marketing/special events. The Town would need to certify
ballot questions to the Eagle County Clerk and Recorder ’s Office no later
than September 3. The Town Council would need to approve ballot text with
resolutions at their next council meeting, August 17, to meet the ballot
certification deadline. The Town Council would consider the sales tax
increase question and the Vail Local Marketing District would consider the
marketing and promotion tax increase question.
7.Public Hearings
7.1.Appeal of a decision by the Design Review Board.60 min.
Presenter(s): Greg Roy, Planner
Action Requested of Council: Overturn, uphold, or uphold with
modifications.
Background: An appeal, pursuant to Section 12-3-3 Appeals, Vail Town
Code, of the final decision of the Town of Vail Design Review Board on J uly
7, 2021, denying a request for design approval for the new construction of
the Residence at Main Vail (D RB21-0233).
Staff Recommendation: The Vail Town Council must uphold, overturn, or
overturn with modifications, the Design Review Board's J uly 7, 2021
decision.
8.Adjournment
8.1.Adjournment 8:15 pm (estimate)
August 3, 2021 - Page 2 of 115
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www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
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P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
August 3, 2021 - Page 3 of 115
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: Public I nput
AT TAC H ME N TS:
Description
public input
August 3, 2021 - Page 4 of 115
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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: Appoint a Member to the Building and Fire Codes Appeals Board (B &F C A)
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one person to serve as an alternate
member on the Building & Fire Code Appeals Board for a partial term ending March 31, 2023.
August 3, 2021 - Page 6 of 115
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. 34, 2021, A Resolution A mending A Budget and Making
A ppropriations to P ay the Costs, E xpenses and L iabilities of the Vail L ocal Marketing District, for
the F iscal Year J anuary 1, 2021 T hrough December 31, 2021
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove Resolution No. 34, Series of 2021, a
resolution amending the 2021 V L MD Budget
B AC K G RO UND: P lease see attached memo.
S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 34, Series of 2021
AT TAC H ME N TS:
Description
V L MD 3rd Supplemental 2021
August 3, 2021 - Page 7 of 115
To: Town Council
From: Vail Local Marketing District
Date: 8/3/2021
Subject: Vail Local Marketing District Supplemental Budget Request
I. BACKGROUND
The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to
attract overnight destination guests primarily during the non-ski season time frame,
creating economic vitality by increasing the visitor base, sales tax and lodging tax
revenues. The overarching goal of the VLMD is to strengthen Vail’s position as a year-
round destination that appeals to a broad audience by elevating the summer brand
position.
II. BUDGET DETAIL
The Vail Local Marketing District’s 2021 budget was created around the town’s “Crisis”
level recession plan which was first implemented in May 2020 due to the pandemic. At
this level, 2021 lodging tax collections were budgeted at $2,500,000, down 31% from
2019 actual collections. With public health orders easing up both nationally and
internationally combined with pent up travel demands, year to date revenue collections
have been stronger than expected. January through May lodging tax collections total
$1.84M, up 58.1% from budget and down 9.4% from 2019. Based on this, staff has
updated the 2021 lodging tax budget, taking a conservative approach and using similar
assumptions as the town. The updated 2021 lodging tax projection totals $3.4M, up
12% from 2020 actual collections and down 8% from 2019 actual collections. This
will generate an additional $900,000 in revenues from the current budget.
Expenditures are being proposed to increase $250,000 to be used towards the
implementation of a consumer facing communication and education campaign
highlighting sustainable travel principles ($150,000) and additional photo/video asset
capture and editing production ($100,000) for the new “Life is but a Dream”
campaign. Details on each request are included below. The total 2021 expenditure
budget will total $3,904,024, up $269,310 or 7.4% from 2019 actuals.
The 2021 ending fund balance is projected to be $1,575,786, 42% of annual revenues
and above Council’s directive of 25%. The Vail Local Marketing District Advisory
Council (VLMDAC) will be looking to utilize some of these reserves as part of the 2022
budget process.
August 3, 2021 - Page 8 of 115
Town of Vail Page 2
The Vail Local Marketing District Advisory Council (VLMDAC) is recommending a
supplemental of $150,000 to create and execute a guest-facing education campaign
highlighting sustainable tourism principles to protect and sustain Vail’s natural
attractions, resources and community and encourage social responsibility, including:
• The upcoming development of a Destination Management Plan (DMP), as a
requirement of Vail’s certification as a Sustainable Destination through the
Mountain Ideal necessitates a strong education campaign for Vail guests.
• The partner group will customize a campaign in partnership with “Care for
Colorado” and “Leave No Trace” public education materials to fit the Vail brand.
• The board recommends development of messages and assets to distribute
through a variety of channels beginning in September and continuing into early
2022. Channels include hyperlocal advertising campaigns and email, website
and social media messaging to increase awareness. The campaign will also
feature a digital quiz to raise awareness of responsible, sustainable travel
practices, that will also allow for data capture to better understand our guest.
The Vail Local Marketing District Advisory Council (VLMDAC) is recommending a
supplemental of $100,000 to be used for additional photo/video asset capture, editing
and production to support the creation of the new “Life is But A Dream” 2022 brand
campaign. The nature of the high production level involved with acquiring these photo
and video assets will require additional resources that were not included in the original
2021 budget. Specifically, these dollars will be used as follows:
• 2022 Brand Campaign video/photo capture and editing inclusive of coordination
and production fees, professional talent and multiple edit versions.
• Asset capture to allow implementation of the campaign across all marketing
channels.
III. BUDGET RECLASSIFICATIONS
Since presenting the amended budget in March, the VLMD determined several line
items needing to be reclassified to more accurately reflect how and where the funds
are being spent. Through this process, the following budget shifts have occurred:
• Contingency shift of $10,000 to enhanced air marketing efforts in Chicago and
Atlanta.
• Contingency shift of $35,000 to support Public Relation efforts in Mexico.
• Media shifts of $179,510 from Front Range to Destination to target audiences
more likely to stay off-peak, for a longer period of time.
• Media shift of $20,000 from Destination to support enhanced content capture for
2022 campaign.
August 3, 2021 - Page 9 of 115
Town of Vail Page 3
IV. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT
The Vail Local Marketing District recommends that the Town Council approve the
supplemental budget of $250,000.
August 3, 2021 - Page 10 of 115
2021 Budget1st Supplemental1st Supplemental Budget Shifts2021 Amended Budget2nd Supplemental2021 Amended Budget3rd Supplemental3rd Supplemental Budget Shifts2021 Amended BudgetIncomeLodging Tax 2,500,000 2,500,000 2,500,000 900,000 3,400,000 Interest Income 1,000 1,000 1,000 1,000 Total Income2,501,000 - - 2,501,000 - 2,501,000 900,000 - 3,401,000 ExpenseDestination 630,164 25,000 (445,472) 209,692 574,000 783,692 179,537 963,229International 10,000 10,000 10,000 35,000 45,000Front Range - 115,000 392,472 507,472 106,000 613,472 25,000 (179,537) 458,935Groups and Meetings 250,000 250,000 250,000 250,000Public Relations Expenses 92,000 92,000 4,000 96,000 15,000 111,000Content/Influencer Strategy 50,100 50,100 50,100 50,100Photography / Video 93,000 (30,000) 63,000 63,000 63,000Research 75,000 75,000 75,000 75,000Web Site 220,200 (172,000) 48,200 144,818 193,018 18,000 211,018Admin Miscellaneous 8,000 8,000 8,000 10,000 18,000Email Marketing 360 360 19,750 20,110 20,110Branding 118,000 35,000 153,000 380,000 533,000 141,000 674,000Contingency - - 56,532 56,532 (45,000) 11,532Database Warehousing and Research 118,700 172,000 290,700 144,900 435,600 19,000 10,000 464,600Professional FeesLegal and Accounting 25,000 25,000 25,000 25,000Lodging Liaison - 48,000 48,000 48,000 48,000Advertising Agent Fees 146,000 146,000 40,000 186,000 17,000 203,000Marketing Coordination-TOV 95,000 95,000 95,000 95,000Marketing Coordination-VVP 37,500 37,500 37,500 37,500Professional Fees - MYPR 50,000 50,000 50,000 5,000 55,000Total Professional Fees 353,500 - 48,000 401,500 40,000 441,500 22,000 - 463,500Special Event FundingEvent Liaison 25,000 25,000 25,000 25,000 Total Special Events 25,000 - - 25,000 25,000 - - 25,000Total Expense 2,044,024 140,000 - 2,184,024 1,470,000 3,654,024 250,000 - 3,904,024 Revenue over (Under) Expenditures 456,976 (140,000) - 316,976 (1,470,000) (1,153,024) 650,000 - (503,024) Beginning Fund Balance1,327,713 2,078,810 2,078,810 2,078,810 Ending Fund Balance1,784,689 2,395,786 925,786 1,575,786 Fund Balance (25% required) 50% 67% 26% 42%VAIL LOCAL MARKETING DISTRICT 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCEAugust 3, 2021 - Page 11 of 115
Resolution No. 34, Series of 2021
RESOLUTION NO. 34
SERIES OF 2021
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2021 THROUGH DECEMBER 31, 2021
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2021, and
ending on the 31st day of December, 2021.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 3rd day of August 2021.
___________________________________
Dave Chapin, Town Mayor
Attested:
_________________________
Tammy Nagel, 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: Contract with 106 West (L oading and Delivery)
B AC K G RO UND: L oading and delivery continues to be an issue in Vail Village. The Town
Manager's office has convened at Task Force to address a broad range of issues. L ocal
contractor 106 West L ogistics is uniquely qualified and has worked with our Vail Police Department
to draft a pilot program that can be implemented this winter.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement with
106 West in an amount not to exceed $380,703.50.
AT TAC H ME N TS:
Description
106 W est Agreement
August 3, 2021 - Page 13 of 115
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this _____ day of ____________, 2021,
by and between the Town of Vail, 75 South Frontage Road, Vail, Colorado 81657, a Colorado
municipal corporation (the "Town"), and 106 West, an independent contractor with a principal
place of business at PO Box 3163, Vail, Colorado 81658 ("Contractor") (each individually a
"Party" and collectively the "Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite expertise
and experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete and
prompt execution and performance of all duties, obligations, and responsibilities which are
described or reasonably implied from the Scope of Services set forth in Exhibit A, attached
hereto and incorporated herein by this reference.
B. A change in the Scope of Services shall not be effective unless authorized as an
amendment to this Agreement. If Contractor proceeds without such written authorization,
Contractor shall be deemed to have waived any claim for additional compensation, including a
claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as
expressly provided herein, no agent, employee, or representative of the Town is authorized to
modify any term of this Agreement, either directly or implied by a course of action.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date, and shall continue until
Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as
provided herein.
B. Either Party may terminate this Agreement upon 7 days advance written notice.
The Town shall pay Contractor for all work previously authorized and completed prior to the
date of termination. If, however, Contractor has substantially or materially breached this
Agreement, the Town shall have any remedy or right of set-off available at law and equity.
III. COMPENSATION
A. In consideration for the completion of the Scope of Services by Contractor, the
Town shall pay Contractor an amount not to exceed $380,703.50. This maximum amount shall
include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be
paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope
of Services is completed to the satisfaction of the Town.
August 3, 2021 - Page 14 of 115
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B. Notwithstanding the maximum amount specified in this Section, Contractor shall
be paid only for work performed. If Contractor completes the Scope of Services for less than the
maximum amount, Contractor shall be paid the lesser amount, not the maximum amount.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and
render the services described herein and has all requisite corporate authority and professional
licenses in good standing, required by law.
B. The work performed by Contractor shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing
professional firms in the same or similar type of work in the applicable community. The work
and services to be performed by Contractor hereunder shall be done in compliance with
applicable laws, ordinances, rules and regulations.
C. The Town's review, approval or acceptance of, or payment for any services shall
not be construed to operate as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
D. Because the Town has hired Contractor for its professional expertise, Contractor
agrees not to employ subcontractors to perform any work under the Scope of Services.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all related
documentation and materials provided or developed by Contractor shall be exclusively owned by
the Town. Contractor expressly acknowledges and agrees that all work performed under the
Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not
constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all
of its right, title, and interest in such work. The Town may, with respect to all or any portion of
such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt,
translate, or change such work without providing notice to or receiving consent from Contractor.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this
Agreement, all personnel assigned by Contractor to perform work under the terms of this
Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes.
Contractor shall make no representation that it is a Town employee for any purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and
maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages
listed below, with forms and insurers acceptable to the Town.
August 3, 2021 - Page 15 of 115
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1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall
be applicable to all premises and operations, and shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and
employee acts), blanket contractual, products, and completed operations. The policy
shall contain a severability of interests provision, and shall include the Town and the
Town's officers, employees, and contractors as additional insureds. No additional insured
endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3. Professional liability insurance with minimum limits of $1,000,000 each
claim and $1,000,000 general aggregate.
C. Such insurance shall be in addition to any other insurance requirements imposed
by law. The coverages afforded under the policies shall not be canceled, terminated or
materially changed without at least 30 days prior written notice to the Town. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage. Any insurance carried by the Town, its officers,
its employees, or its contractors shall be excess and not contributory insurance to that provided
by Contractor. Contractor shall be solely responsible for any deductible losses under any policy.
D. Contractor shall provide to the Town a certificate of insurance as evidence that
the required policies are in full force and effect. The certificate shall identify this Agreement.
VIII. INDEMNIFICATION
Contractor 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 Agreement 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 Contractor, any subcontractor of Contractor, or any officer,
employee, representative, or agent of Contractor, or which arise out of a worker's compensation
claim of any employee of Contractor or of any employee of any subcontractor of Contractor.
Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall
not exceed, that amount represented by the degree or percentage of negligence or fault attributable
to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of
Contractor or of any subcontractor of Contractor. If Contractor is providing architectural,
engineering, surveying or other design services under this Agreement, the extent of Contractor's
obligation to indemnify and hold harmless the Town may be determined only after Contractor's
liability or fault has been determined by adjudication, alternative dispute resolution or otherwise
resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).
August 3, 2021 - Page 16 of 115
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IX. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, Contractor hereby certifies that, at
the time of this certification, it does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement and that Contractor will participate in either the E-
Verify Program administered by the United States Department of Homeland Security and Social
Security Administration or the Department Program administered by the Colorado Department
of Labor and Employment to confirm the employment eligibility of all employees who are newly
hired to perform work under this Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor
that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement.
C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment
eligibility of all employees who are newly hired to perform work under this Agreement
through participation in either the E-Verify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien who is
performing work under this Agreement, Contractor shall: notify the subcontractor and
the Town within three days that Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien who is performing work under this
Agreement; and terminate the subcontract with the subcontractor if within 3 days of
receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not
stop employing or contracting with the illegal alien who is performing work under this
Agreement; except that Contractor shall not terminate the subcontract if during such
three days the subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien who is performing work
under this Agreement.
D. Duty to Comply with Investigations. Contractor shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the course of
an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is
complying with the terms of this Agreement.
E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No
Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of
newly hired employees who perform work under the Agreement via the Department Program,
Contractor shall sign the "Department Program Affidavit" attached hereto.
August 3, 2021 - Page 17 of 115
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X. 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 pre-paid, 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.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the
Parties hereto, shall be assigned by either Party without the written consent of the other.
I. Governmental Immunity. The Town and its officers, attorneys and employees are
relying on, and do not waive or intend to waive by any provision of this Agreement, the
monetary limitations or any other rights, immunities, 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, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement
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, for work negligently or defectively performed.
K. 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set
forth above.
August 3, 2021 - Page 18 of 115
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TOWN OF VAIL, COLORADO
____________________________________
Scott Robson, Town Manager
ATTEST:
__________________________________
Tammy Nagel, Town Clerk
APPROVED AS TO FORM:
__________________________________
J. Matthew Mire, Town Attorney
CONTRACTOR
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___
day of ________________, 2015, by ____________________________ as _________________
of ________________________.
My commission expires:
(S E A L) ____________________________________
Notary Public
August 3, 2021 - Page 19 of 115
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EXHIBIT A
SCOPE OF SERVICES
Contractor's Duties
During the term of this Agreement, Contractor shall perform the following duties, as
directed by the Town:
Contractor shall develop a delivery service to complete the deliveries from the loading docks to
their final destination, known as, “last mile delivery”. The Mountain Plaza loading dock will be
used as a central hub for Vail Village’s commercial deliveries. Solaris, One Willow, Sebastian,
and Four Seasons loading docks can also be utilized. By taking advantage of the existing
loading and delivery infrastructure, and removing several large delivery vehicles from the
village, the contractor will implement a working delivery model while acquiring accurate data
for future load and delivery decisions.
Contractor shall identify a mobile app/software to schedule and complete deliveries to be used by
local businesses and delivery companies, it will further notify drivers of available space at
loading docks, track products, deliver them to local businesses, return damaged goods and most
importantly collect data on volume of good coming into Vail Village.
Contractor shall identify and remove several large delivery vehicles from Gore Creek Drive and
Bridge Street area. The number of trucks selected to remove will depend on current staffing
levels and the ability to maintain a strict delivery schedule. The type of trucks selected will be
based on size of the truck and the type of products they deliver. The selected delivery trucks will
schedule their arrival via loading dock software and/or a mobile app. As trucks enter the loading
dock, they will drop their entire load into organized staging areas labeled and designated for Vail
Village’s various retail stores and restaurants.
Contractor shall deliver products throughout Vail Village via small, quiet, and efficient, electric
vehicles. Food and perishable items will be delivered first to prevent spoilage concerns. Each
delivery will be checked for accuracy, on behalf of the business, to reduce returns and/or
incorrect orders. All food deliveries will occur in the early morning hours, followed by
beer/liquor deliveries, with retail deliveries performed thereafter throughout the day.
Contractor will develop a procedure to remedy damaged/spoiled/missing goods. This procedure
must be acceptable to the delivery trucks and end users.
Contractor shall collect the data necessary to determine volume, cost, and additional resources
needed to include the entire village. The data collected will be used to structure and calculate the
cost for an ongoing and expanded delivery program that would encompass all deliveries. All
data collected by the contractor will be shared with the Town of Vail and its staff for the
purposes of making future load and delivery decisions.
August 3, 2021 - Page 20 of 115
8
Contractor's Deliverables
In performance of the duties described above, Contractor shall deliver the following
items to the Town, during the timeframes established by the Town:
• All data gleaned from the delivery of goods in Vail Village during this contract
time frame.
August 3, 2021 - Page 21 of 115
9
NO EMPLOYEE AFFIDAVIT
[To be completed only if Contractor has no employees]
1. Check and complete one:
I, _______________________________, am a sole proprietor doing business as
__________________________. I do not currently employ any individuals. Should I employ
any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify
that I will comply with the lawful presence verification requirements outlined in that Agreement.
OR
I, ______________________________, am the sole owner/member/shareholder of
___________________________, a ______________________________ [specify type of entity
– i.e., corporation, limited liability company], that does not currently employ any individuals.
Should I employ any individuals during the term of my Agreement with the Town, I certify that I
will comply with the lawful presence verification requirements outlined in that Agreement.
2. Check one.
I am a United States citizen or legal permanent resident.
The Town must verify this statement by reviewing one of the following items:
A valid Colorado driver's license or a Colorado identification card;
A United States military card or a military dependent's identification card;
A United States Coast Guard Merchant Mariner card;
A Native American tribal document;
In the case of a resident of another state, the driver’s license or state-issued
identification card from the state of residence, if that state requires the applicant
to prove lawful presence prior to the issuance of the identification card; or
Any other documents or combination of documents listed in the Town’s
“Acceptable Documents for Lawful Presence Verification” chart that prove both
Contractor’s citizenship/lawful presence and identity.
OR
I am otherwise lawfully present in the United States pursuant to federal law.
Contractor must verify this statement through the federal Systematic Alien Verification of
Entitlement ("SAVE”) program, and provide such verification to the Town.
____________________________________ ___________________________
Signature Date
August 3, 2021 - Page 22 of 115
10
DEPARTMENT PROGRAM AFFIDAVIT
[To be completed only if Contractor participates in the
Department of Labor Lawful Presence Verification Program]
I, ________________________, as a public contractor under contract with the Town of
Vail (the "Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who are
newly hired for employment to perform work under this public contract for services
("Agreement") with the Town within twenty (20) days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. §
1324a, which verify the employment eligibility and identity of newly hired employees who
perform work under this Agreement; and
3. I have not and will not alter or falsify the identification documents for my newly
hired employees who perform work under this Agreement.
____________________________________ ________________________
Signature Date
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
___ day of __________, 2015, by _______________________ as _________________ of
________________________.
My commission expires:
(S E A L) ___________________________________
Notary Public
August 3, 2021 - Page 23 of 115
TOV 6 Month Pilot -
Fixed Fee
Description Estimate Notes/ Comments
PAYROLL
Payroll (Full-Time)114,400.00$
4 Employees (7am-3pm) @ $25/hr + 10% (FICA, Unemployment etc.) 40 hrs./wk., 26
wks
Dock Manager 35,750.00$ $65,000/yr.
Pre-Pilot Administration 38,133.33$ Allowance - 4 Months (July 15 - Novemver 15) 40 hrs/wk @ $55/hr
Pilot Administration 57,200.00$ Allowance - 40 hrs/wk @ $55/hr (One partner/per day)
Employee Benefits - Ski Pass 5,000.00$ Full-Time Employees Only - 5 Epic Passes - $1000/each
Employee Health Benefit/Plan 6,600.00$ Dock Manager @ $500/month, 4 Employees @ $150/month
PAYROLL TOTALS:257,083.33$ 6 Months
INSURANCE
General Liability Policy 600.00 Estimate - $100/month
Workers Comp Insurance 4,800.00$ Estimate - 4 Employees + Dock Manager - $800/month
Vehicle - Insurance 3,300.00$ Estimate - 2 @ $275/month
Cargo Insurance 1,500.00$ Estimate - $250/month
Bailees Insurance (Property of Others)300.00$ Estimate - $50/month
Employee Dishonesty Bond 300.00$ Estimate - $50/month
Umbrella Policy 1,200.00$ Estimate - $2m Policy - $200/month
Warranty 6,000.00$ Allowance - $1000/month
INSURANCE TOTALS:18,000.00$ 6 Months
EXPENSES
Accounting/Bookkeeping 3,120.00$ Estimate - $65/hr - 8hr/month
Advertising/Marketing/Branding 2,500.00$ Allowance - 2 vehicle wraps, etc.
Uniforms 2,500.00$ Allowance - Winter coats, hats, shirts, ball caps, etc. ($500/man)
Vehicle Lease (2)8,400.00$ Estimate - Club Car Current - 36 payments of $664.77
Electric Pallet Jack 4,000.00$ Estimate - 1 @ $4000/each
Vehicle Infrastructure -$ TOV to discuss with VR - Charging stations, power supply, electrician, etc.
Vehicle - Maintenance 1,200.00$ Estimate - $100/month - tires, wipers, miscellaneous
Vehicle License/Registration -$ N/A
Employee Parking Pass -$ TOV In Kind - Blue Parking Pass
Liquor Distribution License -$ N/A
Scheduling App/IT Support 7,500.00$ Estimate - All Mountain Technology, etc.
Date Stamp Equipment/Software 1,500.00$ Estimate
Web & App Support 600.00$ Estimate - $100/month
Legal 2,500.00$ Estimate
Licenses - Other 500.00$ Vail Business License etc.
Office/Operating Supplies 600.00$ Allowance - work gloves, etc.
Loading Dock Signage -$ TOV to discuss with VR
Equipment (Other)1,500.00$ Estimate - Hand Trucks ($300/per), other equipment etc.
Caging/Security -$ TOV to discuss with VR
Hand Held Radios 2,500.00$ Estimate -$250/per - 10 Total
EXPENSE TOTALS: 38,920.00$ 6 Months
Total 314,003.33$ 6 Month Pilot
Contingency 15,700.17$ Allowance
Fixed Fee 51,000.00$ $8500/month
GRAND TOTAL 380,703.50$ 6 Month Pilot
August 3, 2021 - Page 24 of 115
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: Public Health Crisis Update
August 3, 2021 - Page 25 of 115
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: Community P icnic Tuesday, A ugust 10 at Donovan Pavilion
August 3, 2021 - Page 26 of 115
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: Discussion about P roposed Tax Measures for November B allot as Dedicated
Funding for Housing and Year-Round Marketing/S pecial Events I nitiatives
P RE S E NT E R(S ): S cott Robson, Town Manager, George Ruther, Housing Director, Mia Vlaar,
E conomic Development Director, Patty McKenny, Assistant Town Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: T he Town Council is asked to provide direction about
whether to proceed with drafting resolutions and final ballot language that would address the tax
proposals for dedicated revenue sources for housing (sales tax increase considered by Vail Town
Council) and year-round marketing/special events (marketing and promotion tax increased to be
considered by Vail L ocal Marketing District).
B AC K G RO UND: The Town Council is asked to discuss the direction they would like to take
regarding the submittal of ballot questions for the November election addressing dedicated funding
sources for two initiatives, housing, and year-round marketing/special events. The Town would
need to certify ballot questions to the E agle County Clerk and Recorder’s Office no later than
S eptember 3. The Town Council would need to approve ballot text with resolutions at their next
council meeting, August 17, to meet the ballot certification deadline. T he Town Council would
consider the sales tax increase question and the Vail L ocal Marketing District would consider the
marketing and promotion tax increase question.
AT TAC H ME N TS:
Description
Memo Proposed Tax Measures for Nov Ballot 080321
Attachment Two: Colorado Tax Rates Comps 2020
Memo Community Input Summaries 080321
P P Community Input Summaries 080321
public input
August 3, 2021 - Page 27 of 115
To: Vail Town Council
From: Town Manager’s Office, Economic Development Director, Housing Director,
Communications Director
Date: August 3, 2021
Subject: Discussion about Proposed Tax Measures for November Ballot as Dedicated
Funding for Housing and Year-Round Marketing/Special Events Initiatives
I. SUMMARY
The Town Council is asked to discuss the direction they would like to take regarding the
submittal of ballot questions for the November election addressing dedicated funding sources
for two initiatives, housing, and year-round marketing/special events. The Town would need to
certify ballot questions to the Eagle County Clerk and Recorder’s Office no later than September
3. The Town Council would need to approve ballot text with resolutions at their next council
meeting, August 17, to meet the ballot certification deadline. The Town Council would consider
the sales tax increase question and the Vail Local Marketing District would consider the
marketing and promotion tax increase question.
II. BACKGROUND
The Town of Vail engaged Magellan Strategies and Summit Information Services to assist in
facilitating community outreach meetings to gather feedback and opinions about the town’s
housing and marketing efforts as well as opportunities to address additional funding sources.
Initial findings were presented to Town Council on June 1 and the voter opinion survey results
were presented at the earlier afternoon meeting. The community outreach plan implemented
over the last few months has yielded important insights and opinions about the two town
initiatives on housing and year-round marketing. Attachment Three and Four present a
summary of the input received from the initial outreach meetings and presented at the June 1,
2021, council meeting.
III. REVENUE PROJECTIONS FOR TAX INCREASES
Overall, the revenue projections in the ballot language need to be liberal compared to how the
town normally budgets for tax collections. TABOR requires that the first year of tax collections
cannot exceed the amount stated in the ballot question to voters. That results in a return of tax
dollars back to the taxpayers. With that in mind, a more liberal approach was taken in
determining the amounts that will be included in future ballot language. Please see attached
worksheet outlining tax rate comparisons across other Colorado resorts for both sales tax and
lodging tax.
Proposal for Sales tax increase of .05 cent as dedicated revenue for housing initiatives:
Staff first started with forecasting 2021 actuals by taking year to date collections thru
June. Next, the months of July, August and September were forecasted at a 20% increase over
2019 actuals (as a point of reference, June exceeded 2019 by 33%). October and November
were forecasted flat with 2019 and December at a 10% increase. In this more liberal view, total
August 3, 2021 - Page 28 of 115
Town of Vail Page 2
2021 collections are forecasted at $30.9M compared to 2019 $29.0M (an increase of
6.6%). Staff then projected another 10% growth to reach an estimated $34.1 million. It is
estimated a .05 cent additional tax rate would generate approximately $4.3 million on
$34.1 million of sales.
Proposal for marketing and promotion tax increase of 2.2% as dedicated revenue for
year-round marketing/special events initiatives:
Staff forecasted using a baseline from an average of 2019 collections ($3.7M) and 2021
forecast of $3.5M. 10% future growth was added to reach a projection of $4.0M in marketing
and promotion (lodging) tax collections under the current tax rate of 1.4%. A doubling of the
lodging tax from 1.4% to 2.8% will raise an additional $4.0M; OR increasing the lodging
tax from 1.4% to 3.6% will raise an incremental $6.2M.
Proposal Pending for Short-Term Rental tax/fee as dedicated revenue for town initiatives
The short-term rental inventory and impacts are currently being studied to help inform future
decisions about potential taxes or fees. A new tax on short-term rental properties, such as
homes rented through Airbnb and VRBO, will continue to be researched. An annual fee on the
short-term rentals could be assessed. Either source could generate approximately $1.5 million
per year. A fee does not require voter approval.
IV. BALLOT LANGUAGE TEXT CONSIDERATIONS
Two sample ballot questions are below for council’s review. The questions would require formal
adoption at the August 17 meeting via resolution once the financial details are identified. Some
discussion points have been listed to help generate discussion and decision making.
Housing
▪ Would the ballot question for the sales tax increase of .05 cents exclude the increase of
sales tax collections on food for home consumption?
▪ Will there be limitations or specifics in the ballot language about where the revenues can be
invested? i.e., in Vail only, Eagle County, regionally?
Year-round Marketing/Special events
▪ How much of an increase would be supported by the council?
▪ Can the revenue generated be used to support the destination stewardship plan efforts?
Regardless of the final language adopted, the town staff recommends a strong and robust
campaign to help educate the community about both ballot measures which propose dedicated
funding sources to be used for housing and marketing/special events.
V. COMMUNITY INPUT AND SURVEY CONSIDERATIONS
Housing
Voter Support Summary
▪ 52% of likely voters support a 0.5% sales tax increase to fund housing initiatives before
being informed about the ballot measure details and 57% support it after being informed.
These measurements indicate a good probability the housing ballot measure would be
approved if the housing crisis facing the Vail community does not change
Voter Opposition Summary
▪ Short term rentals users and part-time homeowners should be taxed directly rather than
increasing the sales tax which hurts locals
▪ Increase wages first and require housing to be provided by employers
▪ Current tax burden is too high already
August 3, 2021 - Page 29 of 115
Town of Vail Page 3
Year-round Marketing/Special Events
Voter Support Summary
• 54% of likely voters support a 2.2% lodging tax increase to fund a year-round marketing
effort and special events before and after learning information about the ballot measure.
• The probability of voter approval for the lodging tax increase is about 50%, considering likely
voters are uninformed of an upcoming destination stewardship plan.
Voter Opposition Summary
• Increasing marketing budget doesn’t make sense with housing and employee shortages at
crisis levels
• Address housing crisis before increasing marketing budget
• Growing tourism will only accelerate decline and erosion of the quality of life in Vail
VI. ACTION REQUESTED OF COUNCIL
The Town Council is asked to provide direction about whether to proceed with drafting
resolutions and final ballot language that would address the tax proposals for dedicated revenue
sources for housing (sales tax increase considered by Vail Town Council) and year-round
marketing/special events (marketing and promotion tax increased to be considered by Vail Local
Marketing District).
VII. ATTACHMENTS
✓ Attachment One: TOV Sample Ballot Measures
✓ Attachment Two: Colorado Resorts Tax Rates Comparisons
✓ Attachment Three: Memo Community Outreach Meeting Summaries
✓ Attachment Four: Presentation Community Outreach Meeting Outcomes
August 3, 2021 - Page 30 of 115
Town of Vail Page 4
ATTACHMENT ONE
TOWN OF VAIL
SAMPLE BALLOT MEASURES UNDER CONSIDERATION
FOR NOVEMBER 2, 2021, COORDINATED ELECTION
Ballot Issue No. 1:
Ballot Title: Authorizing an increase of 0.5% in the Town's sales tax, other than on food, to fund
housing programs
Ballot Text:
SHALL TOWN OF VAIL TAXES BE INCREASED $4,200,000 IN THE FIRST FISCAL YEAR
AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY AN
INCREASE OF 0.5% IN THE TOWN'S EXISTING SALES TAX (FROM 4.0% TO 4.5%), TO
TAKE EFFECT ON JANUARY 1, 2022; EXCEPT THAT FOOD FOR HOME CONSUMPTION
SHALL BE EXEMPT FROM SUCH TAX INCREASE; WITH THE REVENUES FROM SUCH
TAX INCREASE TO BE USED TO FUND HOUSING INITIATIVES, HOUSING
DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES IN AND
AROUND THE TOWN; AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND
ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN
FOR THE ABOVE-STATED PURPOSES AS A VOTER-APPROVED REVENUE CHANGE,
WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION
CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY
OTHER LAW?
Yes No
Ballot Issue No. 2:
Ballot Title: Authorizing an increase of 2.2% in the Town's marketing and promotion tax to fund
year-round marketing efforts by the Vail Local Marketing District
Ballot Text:
SHALL THE VAIL LOCAL MARKETING DISTRICT TAXES BE INCREASED $6,200,000 IN
THE FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY
THEREAFTER, BY AN INCREASE IN THE CURRENT MARKETING AND PROMOTION TAX
FROM 1.4% TO 3.6%, TO TAKE EFFECT ON JANUARY 1, 2022; WITH THE REVENUES
FROM SUCH TAX INCREASE TO BE USED BY THE DISTRICT TO OPERATE THE
DISTRICT AND PROVIDE SERVICES UNDER THE LOCAL MARKETING DISTRICT ACT;
AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND ANY INVESTMENT
EARNINGS THEREON BE COLLECTED AND SPENT BY THE DISTRICT FOR THE ABOVE-
STATED PURPOSES AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD
TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
Yes No
August 3, 2021 - Page 31 of 115
Colorado Community Tax Rate Comparisonas of January 1, 2020Sales & Lodging TaxesVail Aspen Breckenridge Beaver Creek Avon Telluride Crested Butte Estes Park Snowmass Village Winter Park SteamboatLocal Sales Tax 4.00% 2.40% 2.50% 5.35% 4.00% 4.50% 4.50% 5.00% 3.50% 4.00% 4.50%County Sales Tax 1.00% 3.60% 2.00% 1.50% 1.50% 1.00% 1.00% 0.65% 3.60% 1.30% 1.00%State Sales Tax 2.90% 2.90% 2.90% 2.90% 2.90% 2.90% 2.90% 2.90% 2.90% 2.90% 2.90%Regional Transit (County tax) 0.50% 0.40% 0.75% 1.00% 0.40% 2.00%Local Mktg District4.00%Other Tax (if applicable) 0.725% 0.25% 1.00%Total Gen. Sales Tax 8.400% 9.300% 8.875% 9.750% 8.400% 8.650% 13.400% 8.550% 10.400% 11.200% 8.400%Lodging Tax 1.40% 2.00% 3.40% 0.96% 4.00% 2.00% 2.00% 2.40% 1.00% 1.00%Short Term Rental Tax2.50% 5.00%County Lodging Tax2.00%LMD Tax2.00%Total Tax 9.800% 11.300% 12.275% 10.710% 12.400% 15.150% 18.400% 10.550% 12.800% 12.200% 11.400%Other Tax (if applicable)5% Activity AssessmentLodging Tax funds summer marketing45% of sales tax goes toward housing programs; 75% of lodging tax funds summer marketing, 25% for local transitSummit County's 0.725% is a sales & use tax for Affordable Housing; 3.4% lodging tax funds marketing5.35% General Assessment, .96% Lodging Assessment and 5% Recreation Assessment on lessons & rentals-NOT A TAX County tax includes a .5% Mass Transit Tax0.5% of the 4.5% sales tax goes to Housing; 0.25% other tax is regional transit authority; 2.5% STR tax (excl. hotels) goes toward Affordable Housing fund5% other is Town excise tax on all STRs (incl. hotels) for Affordable housing; 4% LMD is spent on year round marketingLodging 2% tax for marketing. Local sales tax= 2.5% Mrktg & Special Evnts+ 1% General Fund. 2.4% lodging tax funds Group Sales. 1% other Supplemental Tax on non-lodging2% LMD funds air program. August 3, 2021 - Page 32 of 115
Overview
This document summarizes five community outreach meetings regarding the Town of Vail’s
year-round marketing efforts and resident housing initiatives. Additional meetings are currently
being scheduled with other community members and organizations.
Executive Summary
To date, the five community outreach meetings conducted by the Town Manager’s office, Mia
Vlaar (Economic Development), George Ruther (Housing), and town staff have yielded
important insights and opinions about the Town’s marketing and housing efforts. Overall,
support for the Town’s direction and general plans for marketing and housing is strong.
Although there are different opinions about funding solutions, mostly about housing, there is
unanimous, widespread support for the Town’s effort to address these critical issues.
Marketing and Special Events Opinions and Viewpoints
There was broad support among most attendees for raising the lodging tax to fund the Town’s
marketing efforts on a year-round basis. Many attendees were not aware of the Town’s
marketing budget disadvantage when compared to other mountain communities. The lodging tax
data was compelling for many attendees. Other business and lodging community members
believe a lodging tax increase would be easily absorbed by the guest.
Ø Support for Year-Round Marketing Currently, there is an acceptable level of support in
the lodging community for consideration of raising the lodging tax for year-round marketing.
Several attendees believed there was “room” for an increase in the lodging tax without
negatively impacting bookings.
Ø Flattening the Occupancy and Rate Participants acknowledged data presented on flattening
results on room nights booked in Vail. Participants recognized some changes in their
business results and were aligned to the concept of a year-round marketing approach.
Ø Room To Grow among Competitors Participants appreciated being informed that Vail’s
1.40% lodging tax was low compared to 3.4% for Aspen, 5.0% for Crested Butte, and 6.5%
for Telluride. They understood other mountain communities had an advantage in marketing
dollars.
Ø Clarifying Marketing vs. Special Events Current Funding Some participants mentioned
the importance of distinguishing between special event funding from the general fund and
TOV marketing from the lodging tax. An increase in the lodging tax was considered to
provide permanent funding for both.
August 3, 2021 - Page 33 of 115
Town of Vail 2021 Community Outreach Project Update
May 25th, 2021
Magellan Strategies
1685 Boxelder Street, Suite 300 | Louisville, CO 80027
MagellanStrategies.com | 303-861-8585
2
Ø Optimize Special Events Some attendees suggested that the Town reevaluate the quantity
and quality of special events to optimize the community's experience and ensure return on
investment.
Ø Support for Marketing Tax Increase to Fund Special Events Most participants strongly
supported a dedicated funding source for special events because they thought it makes sense
to free up dollars in the general fund for traditional town services such as housing, transit,
roads, etc.
Housing Opinions and Viewpoints
On housing, community leaders universally understand the problem and the importance of
addressing this critical community need. There is general support for the Town and Vail Local
Housing Authority to address the issue. However, they appear to be split on what a funding
solution should look like and have different opinions if it is appropriate to use Town funds to
only build homes down-valley.
They question how many homes can be developed in Town and how the lack of adequate and
convenient public transit contributes to the problem. There is less unity on how housing should
be funded. Although, in one discussion, the suggestion of taxing short-term rentals was generally
popular. Everyone agreed the lack of employees is approaching a crisis, and the lack of housing
is a significant contributor.
Ø In-Town & Out-of-Town Solutions There was discussion about housing funds being able to
pay for projects in Vail and a general agreement that the Town must consider down-valley
solutions due to the lack of property to meet housing needs. Some attendees suggested
“outside the box” thinking by exploring the purchase of environmentally impacted land or
property owned by Eagle County Schools.
Ø Exceptional Public Transportation is Key Several attendees in multiple meetings
suggested housing solutions include a discussion about transportation solutions. More than
one business owner mentioned ECO Transit is insufficient to meet his staff's transportation
and commuting needs, thereby making it hard for them to live down valley. They believed
RAFTA in Pitkin County did a much better job transporting down valley residents into
Aspen from Basalt and other communities.
Ø Short-Term Rentals Create an Impact There was discussion if a tax on short-term rentals
(appearing as a line item when a renter books a unit) would be appealing. The consensus was
it could be an attractive funding option for housing. There was a warning from some
attendees not to reference these properties as belonging to “second homeowners,” but only
“short-term rental properties.”
Ø The Solutions Need to Fit the Needs There were questions about who the Town’s housing
programs are designed to serve. Given the magnitude of the housing problem, these programs
are designed to target the “missing middle” of professionals whose income is between 80%
and 200% AMI seemed satisfactory to attendees.
August 3, 2021 - Page 34 of 115
Town of Vail 2021 Community Outreach Project Update
May 25th, 2021
Magellan Strategies
1685 Boxelder Street, Suite 300 | Louisville, CO 80027
MagellanStrategies.com | 303-861-8585
3
Ø Community Alignment is Critical to Success Some attendees expressed concern about a
lack of “alignment” in the community of what housing solutions will be acceptable for
stakeholders. There was frustration among some attendees that everyone says they agree with
resident housing, but that “not in my back yard” sentiment carries the day at the ballot box
and public meetings.
Ø Big Problem Require Even Bigger Solutions Some housing professionals recommended
the Vail InDeed program not be presented to the community as a “one-off” program for
single homes. They suggested Vail InDeed be marketed as a vehicle to invest in larger
housing developments to secure multiple resident housing units.
August 3, 2021 - Page 35 of 115
Town of Vail
Spring 2021
Community
Outreach
Project
Town Council
Update
August 3, 2021 - Page 36 of 115
Town of Vail 2021 Community Outreach Goals and Objectives
To educate, inform, and engage the Vail community regarding the
issues of Affordable Housing, Special Events, and the Town’s
seasonal and year-round marketing efforts.
To listen, learn, and understand the Vail community’s thoughts,
opinions, and viewpoints regarding these important issues.
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021 2
August 3, 2021 - Page 37 of 115
Meeting Summary as of June 1st
Ø To date, the five community outreach meetings conducted by the Town
Manager’s office, Mia Vlaar (Economic Development), George Ruther
(Housing), and town staff have yielded important insights and opinions
about the Town’s marketing and housing efforts.
Ø Overall, support for the Town’s direction and general plans for marketing
and housing is strong. Although there are different opinions about funding
solutions, mostly about housing, there is unanimous, widespread support
for the Town’s effort to address these critical issues.
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021 3
August 3, 2021 - Page 38 of 115
Town of Vail | Community Outreach Project Presentation | VailGov.com
Marketing and
Special Events
Opinions and
Viewpoints
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021
August 3, 2021 - Page 39 of 115
Marketing and Special Events Opinions and Viewpoints
Support for Year-Round Marketing Currently, there is an acceptable level of support in the lodging
community for consideration of raising the lodging tax for year-round marketing. Several attendees
believed there was “room” for an increase in the lodging tax without negatively impacting
bookings.
Flattening the Occupancy and Rate Participants acknowledged data presented on flattening
results on room nights booked in Vail.Participants recognized some changes in their business
results and were aligned to the concept of a year-round marketing approach.
Room To Grow among Competitors Participants appreciated being informed that Vail’s 1.40%
lodging tax was low compared to 3.4% for Aspen, 5.0% for Crested Butte, and 6.5% for Telluride.
They understood other mountain communities had an advantage in marketing dollars.
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021 5
August 3, 2021 - Page 40 of 115
Marketing and Special Events Opinions and Viewpoints
Clarifying Marketing vs. Special Events Current Funding Some participants mentioned the
importance of distinguishing between special event funding from the general fund and TOV
marketing from the lodging tax. An increase in the lodging tax was considered to provide
permanent funding for both.
Optimize Special Events Some attendees suggested that the Town reevaluate the quantity and
quality of special events to optimize the community's experience and ensure return on
investment.
Support for Marketing Tax Increase to Fund Special Events Most participants strongly supported
a dedicated funding source for special events because they thought it makes sense to free up
dollars in the general fund for traditional town services such as housing, transit, roads, etc.
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021 6
August 3, 2021 - Page 41 of 115
Town of Vail | Community Outreach Project Presentation | VailGov.com
Housing Opinions
and Viewpoints
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021
August 3, 2021 - Page 42 of 115
Housing Opinions and Viewpoints
In-Town & Out -of-Town Solutions There was discussion about housing funds being able to pay for
projects in Vail and a general agreement that the Town must consider down-valley solutions due to
the lack of property to meet housing needs. Some attendees suggested “outside the box” thinking
by exploring the purchase of environmentally impacted land or property owned by Eagle County
Schools.
Exceptional Public Transportation is Key Several attendees in multiple meetings suggested housing solutions
include a discussion about transportation solutions. More than one business owner mentioned ECO Transit is
insufficient to meet his staff's transportation and commuting needs, thereby making it hard for them to live
down valley. They believed RAFTA in Pitkin County did a much better job transporting down valley residents
into Aspen from Basalt and other communities.
Short-Term Rentals Create an Impact There was discussion if a tax on short-term rentals
(appearing as a line item when a renter books a unit) would be appealing. The consensus was it
could be an attractive funding option for housing. There was a warning from some attendees not
to reference these properties as belonging to “second homeowners,” but only “short-term rental
properties.”
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021 8
August 3, 2021 - Page 43 of 115
Housing Opinions and Viewpoints
The Solutions Need to Fit the Needs There were questions about who the Town’s housing
programs are designed to serve. Given the magnitude of the housing problem, these programs are
designed to target the “missing middle” of professionals whose income is between 80% and 200%
AMI seemed satisfactory to attendees.
Community Alignment is Critical to Success Some attendees expressed concern about a lack of
“alignment” in the community of what housing solutions will be acceptable for stakeholders.
There was frustration among some attendees that everyone says they agree with resident
housing, but that “not in my back yard” sentiment carries the day at the ballot box and public
meetings.
Big Problem Require Even Bigger Solutions Some housing professionals recommended the Vail
InDeed program not be presented to the community as a “one-off” program for single homes.
They suggested Vail InDeed be marketed as a vehicle to invest in larger housing developments to
secure multiple resident housing units.
Town of Vail 2021 Community Outreach Project Update June 1 st, 2021 9
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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: Appeal of a decision by the Design Review B oard.
P RE S E NT E R(S ): Greg Roy, Planner
AC T IO N RE Q UE S T E D O F C O UNC I L: Overturn, uphold, or uphold with modifications.
B AC K G RO UND: An appeal, pursuant to Section 12-3-3 Appeals, Vail Town Code, of the final
decision of the Town of Vail Design Review B oard on J uly 7, 2021, denying a request for design
approval for the new construction of the Residence at Main Vail (D R B21-0233).
S TAF F RE C O M M E ND AT IO N: T he Vail Town Council must uphold, overturn, or overturn with
modifications, the Design Review Board's J uly 7, 2021 decision.
AT TAC H ME N TS:
Description
R MV Staff Memorandum
Attachment A. D R B21-0233 Timeline
Residence at Main Vail Appeal Memorandum
Residence at Main Vail Updated Render Images
Residence at Main Vail A2.10 Elevation Revisions
public input
August 3, 2021 - Page 47 of 115
TO: Vail Town Council
FROM: Community Development Department
DATE: August 3, 2021
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the
Town of Vail Design Review Board on July 7, 2021, denying a request for design approval for
the new construction of the Residences at Main Vail (DRB21-0233), located at 129 North
Frontage Road West/Lot 3, Middle Creek Subdivision, A Resubdivision of Lot 1, and setting
forth details in regards thereto. (TC21-0003)
Appellant: Town of Vail, represented by Triumph Development
Planner: Greg Roy
I. SUBJECT PROPERTY
The subject property is located at 129 North Frontage Road West/ Lot 3, Middle Creek
Subdivision, A Resubdivision of Lot 1.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1 Vail Town Code, the Town Council must hear and
decide appeals from any decision, determination, or interpretation by the Design
Review Board with respect to the provisions of Title 14, Development Standards, Vail
Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Vail Town Code, there are three basic
procedural criteria for an appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Vail Town Code and the determinations made
by the Community Development Director, the appellants have standing as
aggrieved or adversely affected persons.
B) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council, August 3, 2021,
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Public Hearing was mailed to adjacent property owners and sent to the
local newspaper on July 19, 2021, and published in the Vail Daily on July
20, 2021, pursuant to Section 12-3-3C-3, Vail Town Code.
C) Timeliness of the Notice of Appeal
Section 12-3-3C-3 of the Vail Town Code requires appeals to be filed
within twenty (20) days of the decision being appealed. On July 15, 2021,
the appellant filed their appeal.
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Whether the July 7, 2021 decision of the Design Review Board should be upheld,
overturned, or overturned with modifications.
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold,
overturn, or overturn with modifications the Design Review Board’s July 7, 2021,
decision.
V. BACKGROUND
The Town of Vail, represented by Triumph Development, requested the review of a New
Construction Design Review Board application, pursuant to Section 12-11-3, Vail Town
Code, for a new residential development located at 129 North Frontage Road West/ Lot
3, Middle Creek Subdivision, A Resubdivision of Lot 1. The Design Review Board, by a
vote of 3-1, denied the subject application on July 7, 2021.
(On May 10th, 2021 the Planning and Environmental Commission approved a
development plan for Lot 3, Middle Creek Subdivision, in accordance with Section 12-
6I-13, Vail Town Code.)
VI. APPLICABLE DOCUMENTS
Pertinent sections of Title 14, Chapter 10, Design Review Standards and Guidelines, Vail Town
Code:
14-10-1: PURPOSE:
This chapter provides the design review standards and guidelines for development in the town of
Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed
herein, the Vail Village urban design considerations and guide plan and the Lionshead
redevelopment master plan, and by all of the applicable ordinances of the town and by the design
guidelines in this chapter.
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14-10-2: GENERAL COMPATIBILITY:
A. Structures shall be compatible with existing structures, their surroundings, and with Vail's
environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility
can be achieved through the proper consideration of scale, proportions, site planning, landscaping,
materials and colors, and compliance with the guidelines herein contained.
B. Any building site in Vail is likely to have its own unique landforms and features. Whenever
possible, these existing features should be preserved and reinforced by new construction. The
objective is to fit the buildings to their sites in a way that leaves the natural landforms and features
intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds
with their surroundings.
14-10-3: SITE PLANNING:
A. The location and configuration of structures and accessways shall be responsive to the existing
topography of the site upon which they are to be located. Grading requirements resulting from
development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall
be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the
property boundary.
B. Building siting and access thereto shall be responsive to existing features of terrain rock
outcroppings, drainage patterns, and vegetation.
C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those
essential for development of the site, those identified as diseased, those essential for creating
defensible space, and those found to impact view corridors as further regulated by title 12, chapter
22, "View Corridors", of this code. Mitigation may be required for tree removal.
D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils
and vegetation shall comply with Section 14-10-8 of this Code. If necessary, the design review
board may designate allowable limits of construction activity and require physical barriers in order to
preserve significant natural features and vegetation upon a site and adjacent sites during
construction.
14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS,
ETC. (omitted)
14-10-5: BUILDING MATERIALS AND DESIGN:
A. Intent: The town is situated within the wildland urban interface where community values
intersect with the potential consequences of wildland fires. Wildland fires both big and small have
the potential to destroy homes and neighborhoods within the town. The architecture and chosen
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materials of a building greatly affect the survivability of that structure in the face of a wildfire. The
use of class A roof coverings and ignition resistant building materials decrease the hazards to the
individual structure as well as the surrounding homes.
B. Ignition Resistant Materials: The use of ignition resistant building materials and designs
intended to prevent the spread of fire are required, unless otherwise exe mpted by Section 12-11-3
this Code. Vail Fire and Emergency Services is available to provide more information on the use of
ignition resistant materials and designs. Predominantly natural building materials shall be used
within the Town. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and
EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color;
however, exposed aggregate is more acceptable than raw concrete. The exterior use of the
following siding materials shall be prohibited: stucco or EIFS with gross textures or surface features
that appear to imitate other materials, simulated stone, simulated brick, plastic, and vinyl.
1. The exterior use of any building material, including those not specifically identified by this
Section, shall only be permitted, unless otherwise prohibited by this Code, where the design
review board finds:
a. That the proposed material is satisfactory in general appearance, quality over
time, architectural style, design, color, and texture;
b. That the use of the proposed material complies with the intent of the provisions of
this Code; and
c. That the use of the proposed material is compatible with the structure, site,
surrounding structures, and overall character of the Town.
2. The provisions of this Paragraph B shall apply to the construction, alteration, movement,
repair, maintenance and use of any building, structure or premises within the Town, unless
otherwise exempt by Section 12-11-3 of this Code. Buildings or structures moved into or
within the Town of Vail shall comply with the provisions of this Code for new buildings and
structures.
3. Repair or replacement of twenty-five percent (25%) or less of a deck surface or support
structure is exempt from the ignition resistant requirements of this Paragraph B.
4. Combustible siding, as defined in the Town's adopted building codes, may be used as
long as it does not cover more than thirty- three percent (33%) of a given wall (excluding
windows, doors and other openings) and may not be within 5 feet of the ground level.
Combustible siding which has a profile that may allow ember intrusion such as wood shake
or wood shingle is prohibited.
C. Same Or Similar Materials: The same or similar building materials and colors shall be used on
main structures and any accessory structures upon the site. Translucent components of
greenhouses shall be exempt from this requirement.
D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings.
Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other
bright colors should be used only as accents and then sparingly such as upon trim or railings. All
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exterior wall materials must be continued down to finished grade thereby eliminating unfinished
foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be
anodized, painted or capable of weathering so as to be nonreflective.
E. Roof Forms: The majority of roof forms within Vail are gable roofs with a pitch of at least four
feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental
and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should
be integral to the roof design.
F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash
storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and
snow guards should be utilized to protect these areas from roof snow shedding if necessary.
G. Regulations: All structures shall have class A roof assemblies or shall have class A roof
covering materials, as defined by the adopted building code. The use of co ncrete tile, slate, metal,
asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal
roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be
surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when
permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface
(including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitte d,
shall be designed to provide visual relief through texture, dimension and depth of appearance. The
use of wood shake, wood shingles and rolled roofing shall not be permitted. Two -family and multi-
family dwellings shall be required to have uniform roof covering materials, except when the design
review board determines that the materials are compatible, are integral to the architectural style of
the structure and different materials do not share any ridges or planes, but may share a valley.
1. Nonconforming Structures (omitted)
2. Applicability: The provisions of this subsection shall apply to new construction, reroofing,
utilization of the 250 ordinance, per section 12-15-5 of this code, and all additions except those
exempt, per subsection 12-11-3C2 of this code.
3. Roofing Material: The use of any roofing material, including those not specifically identified by
this section, shall only be permitted, unless otherwise prohibited by this code, where the design
review board finds:
a. That the proposed material is satisfactory in general appearance, quality over time, architectural
style, design, color, and texture; and
b. That the use of the proposed material complies with the intent of the provisions of this
code; and
c. That the use of the proposed material is compatible with the structure, site, surro unding
structures, and overall character of the town of Vail.
H. Rooftops: Rooftop heating and air conditioning equipment, large vent stacks, elevator
penthouses and similar features should be avoided; however, if necessary, shall be designed to be
compatible with the overall design of the structure or screened from view of all adjacent properties.
Rooftop antennas shall not be permitted unless as allowed under a conditional use review as
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specified within the zoning code.
I. Solar Energy Devices: (omitted)
J. Overhangs: Deep eaves, overhangs, canopies, and other building features that provide shelter
from the elements are encouraged.
K. Fenestration: Fenestration should be suitable for the climate and for the orientation of the
particular building elevation in which the fenestration occurs. The use of both passive and active
solar energy systems is strongly encouraged.
L. Duplexes: (omitted)
M. Footings And Foundation: Building footings and foundations shall be designed in accordance
with the minimum standards of the adopted building code. Footings and foundations shall also be
designed to be responsive to the natural topography of the site, and shall be designed and
constructed in such a manner as to minimize the necessary amount of excavat ion and site
disturbance
VII. DISCUSSION
Reasons cited by the Board for their decision to deny this application included the
following:
• The proposed building should be broken up into multiple structures and designed
to step up and into the hillside to respond better to the existing natural
topography.
• The scale and proportions of the building are out of character and too large for
the immediate surroundings and Vail’s environment.
• The color and material palette requires more interest given the sheer size and
linearity of the proposed structure.
VIII. REQUIRED ACTION
The Vail Town Council must uphold, overturn, or overturn with modifications, the Design
Review Board’s July 7, 2021 decision. The Town Council must act by motion, with such
motion to be approved by a majority of those present.
Should the Vail Town Council choose to uphold the decision, the following motion is
recommended:
“I move that the Town Council uphold the July 7, 2021 decision of the Design
Review Board, finding the DRB properly determined that the New Construction
for 129 North Frontage Road West does not comply with Title 14, Chapter 10,
Vail Town Code.”
Should the Vail Town Council choose to overturn, or overturn with modifications, the
decision of the Design Review Board, the following motion is recommended:
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"I move that the Town Council overturn the July 7, 2021 decision of the Design
Review Board, finding the submitted New Construction for the 129 North
Frontage Road West complies with Title 14, Chapter 10, Vail Town Code.”
IX. ATTACHMENTS
A. DRB21-0233 Timeline with links to application materials and video of meetings
August 3, 2021 - Page 54 of 115
Timeline
DRB21-0074 – Conceptual
4/7/21 Meeting – No Decision
High Five Media Link: https://www.highfivemedia.org/show/board-meeting-4721
Time Stamp 1:31:46
Agenda Materials Link:
https://vail.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=14727&MeetingID=1209
DRB21-0074.001 – Conceptual
6/2/21 Meeting – No Decision
High Five Media Link: https://www.highfivemedia.org/show/board-meeting-6221
Time Stamp 2:16:21
Agenda Materials Link:
https://vail.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=15140&MeetingID=1211
DRB21-0233 – New Construction
6/16/21 Meeting – No Review (Tabled at applicant’s request)
7/7/21 Meeting – Denied 3-1-0 (Austin Opposed)
High Five Media Link: https://www.highfivemedia.org/show/board-meeting-7721
Time Stamp 2:00:57
Agenda Materials Link:
https://vail.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=15368&MeetingID=1212
August 3, 2021 - Page 55 of 115
To: Vail Town Council
From: George Ruther, Housing Director
Michael O’Connor, Triumph Development West, LLC
Date: August 3, 2021
Subject: Appeal of the Design Resign Review Board decision denying the Residences at Main
Vail design review application DRB21-0233
I. Compliance with Appeal Procedure
This appeal is filed in full compliance with Section 12-3-3C, Appeals, of the Zoning
Regulations of the Town of Vail. Pursuant to said Section, the Town of Vail, as the
applicant of a design review application, may initiate an appeal of a Design Review
Board action. As the applicant of the Residences at Main Vail design review application
DRB21-0233 and the property owner of Lot 3, Middle Creek Subdivision, the Town of
Vail maintains standing as an appellant, according to the Vail Town Code. Further, the
Town of Vail, as an applicant and property owner, is an aggrieved or adversely affected
party which stands to suffer adverse effects as a result of the Design Review Board’s
failure to properly apply the adopted design review guidelines and demonstrated
willingness to act outside the scope of the Board’s purview when voting to deny the
Residences at Main Vail design review application DRB21-0233. As a result of the
Board’s improper actions, the applicant is prevented from exercising its property rights
established by zoning to complete a residential development.
The Vail Town Council, subject to Section 12-3-3C1 of the Zoning Regulations of the
Town of Vail, is granted authority to hear this appeal. The Town of Vail Community
Development Department has ensured full compliance with the procedures set forth in
Section 12-3-3C3 have been addressed.
According to the Vail Town Code, when acting upon an appeal action, the Vail
Town Council shall make a finding of fact, based upon the evidence presented,
which supports the conclusion that the standards and conditions imposed by the
Zoning Regulations have or have not been met.
II. Background of the Appeal Request
The Vail Town Council, acting in the public interest of the Vail community in response to
a demonstrated need to increase the supply of deed-restricted, resident-occupied homes
for year-round Vail residents, expressed their intent to construct a 100% deed-restricted,
for-rent residential development known as the Residences at Main Vail, to be located at
129 North Frontage Road West/Lot 3, Middle Creek Subdivision. With that objective in
mind, the Vail Town Council retained the project management and entitlement process
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services of Triumph Development West, LLC for the expressed purpose of preparing an
approved development plan and obtaining the requisite entitlement rights authorizing the
Residences at Main Vail to be developed, on the Town’s behalf, consistent with the
adopted laws and regulations of the Town of Val.
On October 16, 2001, pursuant to Ordinance No. 29, 2001, the Middle Creek
Subdivision was zoned to the Housing (H) District. In doing so, the Vail Town Council,
acting within their authorities, acknowledged the suitability of the site for deed-restricted
residential development, consistent with the Vail Land Use Plan and subject to the
approval of an approved development plan. Since that time, portions of the subdivision
have been developed with deed-restricted residential homes and an early childhood
education center.
On March 15, 2021, on behalf of the Town of Vail, Triumph Development West, LLC
submitted complete applications to the Town of Vail Community Development
hereinafter referred to as PEC21-0015/0016 and DRB21-0233. The applications were
submitted to facilitate development on the site consistent with the underlying zoning,
adopted development regulations, and the design standards and guidelines of the Town
of Vail.
On April 21, 2021, the Town of Vail Planning & Environmental Commission (PEC) held a
public hearing on PEC21-0015/0016, and by a vote of 5-1, granted entitlement rights to
the Residences at Main Vail Approved Development Plan. The Approved Development
Plan, in part, establishes the development standards for the Residences at Main Vail
which include allowable density (GRFA and dwelling units per acre), setbacks, site
coverage, landscape area, building height (bulk and mass), parking space requirement
and the approved plan and design for the site (building location and configuration). The
Vail Town Code clearly grants the establishing of development standards solely to the
PEC.
On July 6, 2021, Design Review Board member John Rediker appeared before the Vail
Town Council urging the Vail Town Council to spend more money on the architectural
design of the proposed Residences at Main Vail, to stop rushing the project forward, and
forewarned that if not, it was likely the application would be denied by the Design Review
Board the following day, or at best, receive a 2 -2 vote.
On July 7, 2021, the Town of Vail Design Review Board held a final public hearing on
the design application DRB21-0233 and by a vote of 3-1 (Austin opposed), as predicted
by Board member Rediker, denied the design review application. In doing so, and
according to the recorded public record, in sum, the following reasons for denial were
cited to and supported by a majority of the Design Review Board:
• The bulk and mass of the proposed building is not compatible with the
topography of the development site. The building should set up the hillside
into the area of 40% or greater slopes and result in a building design more
like the Middle Creek at Vail apartments.
• The applicant needs to spend more money on the architectural design of the
building. The building is cheap with no on-site parking.
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• The Town is turning the North Frontage Road into employee housing row and
is ruining the community. The whole north side of the Town will be degraded.
• Rather than one single structure, the building needs be broken down into two
or three smaller, shorter buildings, even if it means reducing density (number
of dwelling units and GRFA)
• This building (homes for local residents) does not belong at the front entrance
to Vail. It’ll be the first thing people will see when they come into the Town.
• Add more stone, board and batten siding, and vertical elements.
• Residences at Main Vail is a podium-style building that doesn’t fit in Vail. It’s
not the Vail brand.
A link to the video-taped recording of the Design Review Board meeting of July 7, 2021
has been attached for reference. The final review of the Residences at Main Vail design
review application starts at 2:00:57 https://www.highfivemedia.org/show/board-meeting-
7721
On July 14, 2021, the Town of Vail as applicant filed an appeal of the Design Review
Board’s decision to deny design review application DRB21-0233. Specifically, the
appellant believes the Town of Vail Design Review Board failed to properly apply the
adopted design review standards and guidelines and demonstrated its willingness to act
outside the scope of the Board’s purview in voting to deny the Residences at Main Vail
design review application DRB21-0233. Citations to specific examples are cited to in
Section III below. Clearly, such remarks prejudice and bias any impartiality in the review
of the design review application which was to have been reviewed objectively based
solely on the adopted design standards and guidelines.
A copy of the Residences at Main Vail design review application DRB21-0233 was
furnished to the Vail Town Council by the Town of Vail Community Development
Department pursuant to Section 12-3-3C of the Vail Town Code on July 20, 2021 and
attached here for reference.
https://vail.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=15368&MeetingID
=1212
III. Design Review Standards and Guidelines
Title 14 of the Vail Town Code prescribes the adopted development standards for the
Town of Vail. Contained within Chapter 10 of said title are the Design Review Standards
and Guidelines. The Town of Vail Design Review Board is tasked with objectively
reviewing, without prejudice, design review applications for compliance based solely on
said standards and guidelines. A copy of the “Town of Vail Design Review Board
Checklist” obtained from the Town of Vail Community Development was relied upon by
the appellant and design team to further verify that the Residences at Main Vail design
review application fully complied with the adopted design review standards and
guidelines. Of note, policy considerations such as appropriateness of land use and need
for deed-restricted homes are not contained within the checklist and are not a
consideration for review of the Design Review Board. The checklist was again used by
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the appellant to aid in demonstrating instances where the Design Review Board failed to
properly apply the standards and guidelines.
A copy of the checklist is attached for reference as Exhibit A.
• Compatibility of design of the Residences at Main Vail was achieved through
proper scale, building proportions, site planning, landscaping, and building
materials and colors. Given the topography of the site and the presence of
slopes in excess of 40% to the north of the building site, consistency with the
design guidelines, compliance with the PEC approval the Approved
Development Plan, and the approval of a variance for development in areas of
steep slopes, the design team intentionally focused on that area of the site
previously disturbed by development. Further, like the Middle Creek at Vail
Apartments, the proposed Residences at Main Vail was located on that
portion of the site with a flatter bench in the topography and avoided the more
steeply sloping areas of the site.
• The structures and accessways are responsive to the existing topography
which is why the design team relied upon the use of the existing driveway
alignment to gain vehicular access to the site. This access location fully
complies with all adopted development standards for vehicular and
emergency vehicle access and ensures the least amount of site disturbance.
Additional development in non-disturbed areas is inconsistent with the Town’s
adopted environmental policies and standards.
• Construction on the site is to be limited to the lower portion of the site to
preserve the steep slopes and existing vegetation, as recommended by the
design guidelines.
• The proposed building materials are predominately natural such as wood
siding and native stone. Stucco siding is included as a third building material
element. The design team altered the materials and added stone to the
exterior at the direction of the Design Review Board, prior to the final hearing
on July 7.
• Exterior wall materials (stone and stucco) extend down to finished grade to
eliminate unfinished concrete walls. The design team has identified areas
where these materials can further wrap building corners and extend into the
covered parking area.
• The assemblage of exterior wall materials and architectural relief was added
to the building facades to reinforce the architectural design guideline of
creating a base, middle, and top to the building.
• The proposed exterior colors are compatible with the site and surrounding
buildings. Natural, earthtone colors were selected as the primary colors of the
exterior. The building was designed by the team responsible for the First
Chair development in Lionshead and relies upon many of the design
principles.
• An arrangement of divided light windows has been added to create visual
interest and introduce a design element seen typically throughout Vail. The
fenestration of the building provides both passive solar gain to the east, south
and west facing homes as well as enhances the architectural quality of the
building.
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• The proposed roof material is 30-year asphalt shingles to be installed atop a
Class A fire-rated roof assembly. Protective snow guard are to be added to
prevent snow shedding onto the parking and pedestrian areas below. As
recommended, additional protective roof elements have been added and
designed to protect entrances and exits to the building from the outside
elements.
• A +/- 55kw solar array is proposed atop the south facing roof of the building to
offset energy consumption through onsite energy production. The solar array
has been designed consistent with the design standards for such rooftop
accessories and solar energy devices. This solar array contributes to the
100% electrification of the building.
• Deep eaves and overhangs are depicted on the proposed elevations to further
protect the building and residents from the elements as well as add
architectural interest to the building facades.
• The east/west oriented main roof ridge has been designed to break up an
otherwise long linear roof line, both horizontally and vertically, and gabled roof
ends have been added to interrupt the south facing eave line of the building.
• A double member fascia has been designed to provide relief and texture to
the roof eave line consistent with the design guidelines.
• An accessory structure is proposed to accommodate onsite storage of trash
and recycling. The enclosure has been incorporated into the overall design of
the building with a roll up door to screen the dumpsters from public view. The
accessory structure has been incorporated into the main building.
• The utility meter locations are prescribed at the direction of the utility services
providers. The meters are to be painted to match the color of the immediately
adjacent and surrounding exterior building materials.
• The proposed landscape plan was designed consistent with the
recommendations of the design standards and guidelines with additional focus
on complying with the regulations of the urban wildland fire interface.
• The plant materials selected for the landscape plan are all indigenous to the
Rocky Mountain alpine and sub-alpine zones. All planting areas will be
served by an irrigation system to ensure continued maintenance of the
planted areas.
• The proposed final grading of the site does not negative impact adjacent uses
or sites as required by the design review standards.
• All proposed retaining walls have been designed with textured and color tinted
materials consistent with the adopted design review guidelines.
• Architectural projections, such as decks, balconies, roof eaves and roof
overhangs have been thoughtfully incorporated into the building design. Such
features serve both a functional and aesthetic purpose.
• Consistent with the adopted standards for outdoor lighting, all exterior lighting
will include fully cut off fixtures and be low cost, low energy consumptive LED
fixtures.
IV. Appellant Request
The appellant has demonstrated the instances whereby the Design Review Board
improperly applied the Town’s adopted design review standards and guidelines.
August 3, 2021 - Page 60 of 115
Town of Vail Page 6
Contrary to the views expressed by a majority of the Board, the Residences at Main Vail
design review application complies with the adopted design review standards and
guidelines. As noted in Section III above, the proposed design review application
demonstrates compliance with adopted design review standards and guidelines of the
Town of Vail. The proposed building elevations and exterior materials sample boards
presented with this appeal provide clear evidence of compliance and demonstrates the
proper application of the Town’s adopted design review standards and guidelines. At
the instruction of the applicant, the design team was thoughtful in their consideration and
implementation of the adopted design standards and guidelines in the preparation of the
Residences at Main Vail design review application.
Of greater concern, the appellant believes the Design Review Board acted outside of
their authority as an architectural review board when reviewing the design review
application. The public record clearly indicates the instances where Board members
failed in their authorized duties and instead willfully opined on the adopted policies and
practices of the Vail Town Council, questioned the suitability of the site for deed-
restricted homes, and sought to alter the development standards established by the
Town’s Planning & Environmental Commission including building height, density,
parking, GRFA and site plan configuration. Further, the public record provides evidence
whereby the Board stated and sought to apply different or otherwise unadopted design
review standard and guidelines to the building due to its location within Vail. It is difficult
to argue that these remarks and considerations did not prejudice and bias or otherwise
negatively impact the objective and impartial review of the application. One Board
member is on the public record warning of the impending outcome of the application
prior to reviewing the final application and relevant information. The record on these
concerns speaks for itself.
The appellant requests the Vail Town Council overturns, with modifications, the decision
of the Design Review Board denying the Residences at Main Vail design review
application DRB21-0233. The proposed modifications incorporate many of the
architectural changes requested of the Design Review and are depicted on the elevation
plans, dated August 3, 2021.
V. Recommended Motion
Upon review of the evidence and testimony presented, the Vail Town Council finds that
the Residences at Main Vail design review application (DRB21-0233) complies with the
adopted design standards and guidelines of the Town of Vail, as outlined in Section III of
this memorandum. Further, as evidenced by the public record of the review of
Residences at Main Vail design review application, members of the Design Review
Board acted outside their authorized role, failed to be impartial, and improperly applied
factors for consideration not prescribed by the Vail Town Code. The Vail Town Council
moves to overturn, with modifications, the July 7 decision of the Design Review Board
and approve design review application DRB21-0233 in accordance with the elevation
plans, dated August 3, 2021. A copy of the updated building elevation and rendering
has been attached for reference.
August 3, 2021 - Page 61 of 115
Town of Vail Page 7
EXHIBIT A
Town of Vail
Design Review Board Checklist
GENERAL CHECKLIST
Design Standard (required)
Design Guideline (recommended)
GENERAL
Compatibility with existing structures, surroundings, and environment.
Preservation of existing land features
SITE PLANNING
Structures and access ways respnsive the the existing topography.
Removal of trees, shrubs, and other native vegetation limited to those essential for
development and/or defensible space.
Limits of construction activity and barriers to preserve significant natural features and
vegetation during construction.
Adequate layout design with respect to location of vehicular and pedestrian entrances and
exits, building locations, walkways and recreational trails.
RESIDENTIAL DEVELOPMENT
Project has an architecturally integrated structure with unified site development
Dwelling units and garages are designed with a single structure with the use of unified
architectural and landscape design. If not, there is a presence of significant site constraints.
Duplexes are designed to not appear substantially similar or mirror image in design.
BUILDING MATERIALS AND DESIGN:
Building materials predominantly natural such as wood siding, and native stone. Concrete
surfaces shall be treated with texture and color if used, or exposed aggregate. Aluminum,
steel, plastic siding, plywood siding, simulated stone or brick prohibited.
Similar building materials and colors used on main and accessory structures.
Exterior wall materials continued down to finished grade, eliminating unfinished foundation
walls.
Colors compatible with the site and surrounding buildings. Natural colors utilized with
primary colors or bright colors used only as accents.
ROOF DESIGN AND MATERIALS
Roof material and/or assemblies must be Class A rated.
Wood shakes and shingles are prohibited, except for repair and maintenance to existing
roofs.
Consideration of environmental and climatic determinants such as snow shedding, drainage,
and solar exposure.
Roof lines designed so as not to deposit snow on parking areas, trash storage areas,
stairways, decks and balconies, or entryways.
Roof surfacing materials compatible with the site and surrounding buildings.
Deep eaves, overhangs, canopies, and other building features that provide shelter from the
elements are encouraged.
ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS
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Town of Vail Page 8
Accessory structures utilize the same or similar materials and colors as the main structure.
Accessory structure is compatible with the design and materials of the main structure or
structures upon the site.
All utility service systems installed underground. If underground installation not required,
installation must be located and/or screened so as not to detract from the overall site design
quality.
All utility meters painted, enclosed and/or screened from public view.
Service areas, outdoor storage and garbage storage screened from adjacent properties,
structures, streets and other public areas by fences, berms or landscaping.
Adequate trash storage is provided with year-round access to trash storage.
Accessory buildings attached to the main building either directly or by means of a
continuous wall, fence or similar feature of the same or complementary material as the main
building’s exterior finish.
LANDSCAPING; DRAINAGE; EROSION CONTROL
Plant materials indigenous to the Rocky Mountain alpine and sub-alpine zones or are
capable of being introduced into these zones.
Avoidance of geometric plantings, evenly spaced rows of trees and other formal landscape
patterns.
Landscape plan includes a method of irrigation suitable to ensure the continued
maintenance of planted materials.
Natural drainage patterns preserved and not modified whenever possible.
Drainage plan does not have negative impacts upon adjacent sites.
Runoff from impervious surfaces (roofs, pavement) directed to natural or improved drainage
channels.
Slope of cut and fill banks determined by soil characteristics to avoid erosion and promote
revegetation opportunities.
Tree vault plan when paving near a tree.
Landscaping designed to accommodate snow storage.
Landscape plan preserves and enhances the natural landscape character of the area.
FENCES AND WALLS
Fences and walls respect existing landforms and fit into land massing rather than arbitrarily
follow site boundary lines.
Design of fences, walls, and other structural landscape features include materials
compatible with the site and the materials of the structures on the site.
Retaining walls and cribbing utilize natural materials such as wood timbers, logs, rocks, or
textured, color tinted concrete.
LIGHTING
Fixtures must be full cut-off (i.e. dark sky)
Illumination provides minimal amount of lighting necessary while protecting the privacy of
neighbors by controlling the intensity of the light source.
August 3, 2021 - Page 63 of 115
I-70PROJECT SITE1"=400'PROJECT LOCATIONDRAWING ABBREVIATIONSGENERAL NOTESLEGENDCONCRETE/ PRECAST CONCRETESOILSAND, EIFS FINISH COAT, OR CEMENT PLASTERSTUCCOSIDINGPAVERSCELLULOSE INSULATIONFIBERGLASS SOUND BATT INSULATIONPOLYISOCYANURATE INSULATION BOARDCLOSED CELL POLYURETHANE SPRAY INSULATIONGYPSUM BOARDEXTERIOR GYPSUM SHEATHINGMATERIALSROOM NAMEXXXXXXX1A0.XXXA3ROOM NAME/NUMBEREXISTING COLUMN CENTERLINECOLUMN CENTERLINEACCESSORYDEMOLITION NUMBERED NOTESBUILDING WALL SECTIONELEVATIONSECTION DETAILPLAN, BLOW-UP DETAILPARTITION TYPENEW WALLEXISTING WALL1 HOUR FIRE WALL2 HOUR FIRE WALL2 HOUR SHAFT WALLDRAWING SYMBOLSCEILING SYMBOLSBUILDING EXPANSION JOINTGYP BD CEILINGSUPPLY AIRRETURN AIRACCESS PANELFLUORESCENT LIGHTWALL MOUNTED FLUORESCENT FIXTUREEXIT SIGNS -HATCH INDICATES EXIT TEXT AND ARROW INDICATES DIRECTIONSMOKE DETECTORWALL WASHERPENDANT TYPE LIGHT FIXTUREWALL MOUNTED LIGHT FIXTUREDOWNLIGHTSTRIP LIGHTSPEAKERSD01+9'-0"CEILING HEIGHTSEXHAUST AIRA0.XX01SUSPENDED LIGHTSUSPENDED FLUORESCENT LIGHTCHANDELIERPROJECTORA0.XXA0.XXAB ANCHOR BOLTACT ACOUSTICAL TILE CEILINGAFF ABOVE FINISH FLOORALUM ALUMINUMAP ACCESS PANELAPPROX APPROXIMATEARCH ARCHITECTUREASSOC ASSOCIATEDBD BOARDBLDG BUILDINGBLK BLOCKBO BOTTOM OFBOT BOTTOMBRG BEARINGBSMT BASEMENTCJ CONTROL JOINTCL CENTERLINECLG CEILINGCLR CLEARCMU CONCRETE MASONRY UNITCOL COLUMNCONC CONCRETECONT CONTINUOUSCOVR COVERCP CONCRETE PAVERCPT CARPETCT CERAMIC TILECTR CENTERDEC DETENTION EQUIPMENT CONTRACTORDET DETENTIONDEMO DEMOLITIONDIA DIAMETERDIM DIMENSIONDF DRINKING FOUNTAINDGB DETENTION GRAB BARDR DOORDWG DRAWINGEA EACHEJ EXPANSION JOINTELEC ELECTRICALELEV ELEVATOREQ EQUALEQUIP EQUIPMENTER EPOXY RESINEXT EXTERIORFD FLOOR DRAINFDN FOUNDATIONFE FIRE EXTINGUISHERFF EL FINISH FLOOR ELEVATIONFIN FINISHFRT FIRE RESISTANT TREATEDFLR FLOORFS FOOD SERVICEFT FOOTFTG FOOTINGFUT FUTUREGA GUAGEGC GENERAL CONTRACTORGL GLASSGR GRADEGYP BD GYPSUM BOARDHC HOLLOW COREHT HEIGHTHM HOLLOW METALHORIZ HORIZONTALINT INTERIORINSUL INSULTATIONJAN JANITORJST JOISTLAV LAVATORYMAX MAXIMUMMECH MECHANICAL1. DO NOT SCALE DRAWINGS. LARGE SCALE DETAILS SHALL GOVERN OVER SMALL SCALE DETAILS. SPECIFICATIONS GOVERN ALL CONTRACT DOCUMENTS.2. CONTRACTOR TO ISSUE COMPLETE SET OF CONTRACT DOCUMENTS TO EACH OF THE SUBCONTRACTORS FOR COORDINATION OF THEIR WORK AND DESCRIPTION OF SCOPE -ALL DRAWINGS MUST BE REVIEWED BY EACH TRADE AND IF DISCREPANCIES ARE FOUND AN RFI IS TO BE SUBMITTED TO THE ARCHITECT.3. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPYING WITH ALL PERMITS.4. THEIR SHALL BE NO SUBSTITUTION OF MATERIALS WHERE A MANUFACTURER IS SPECIFIED. WHERE THE TERM "OR EQUAL" IS USED THE ARCHITECT SHALL DETERMINE EQUALITY BASED ON INFORMATION SUBMITTED BY THE CONTRACTOR VIA A DOCUMENTED SUBSTITUTION REQUEST.5. REFER TO STRUCTURAL DRAWINGS FOR ALL REINFORCING AND STRUCTURAL INFORMATION.6. ARCHITECTURAL, MECHANICAL, ELECTRICAL, AND NON-STRUCTURAL SYSTEMS, COMPONENTS AND ELEMENTS PERMANENTLY ATTACHED TO STRUCTURES, INCLUDING SUPPORTING STRUCTURES AND ATTACHMENTS, AND NON-BUILDING STRUCTURES THAT ARE SUPPORTED BY OTHER STRUCTURES SHALL MEET THE REQUIREMENTS PER IBC 2015, CHAPTER 16 AND ASCE 7-02, SECTION 9.6 COORDINATE COMPONENT DESIGN WITH ARCHITECT AND MECHANICAL ENGINEER OF RECORD.7. WHERE MANUFACTURER'S RECOMMENDED DETAILS DIFFER FROM THE CONTRACT DOCUMENTS, GENERAL CONTRACTOR TO IDENTIFY AND SUBMIT RFI TO ARCHITECT FOR CLARIFICATION.8. ALL RESTROOM INTERIOR WALL PARTITIONS TO BE INSTALLED WITH SOUND BATT-INSULATION UNLESS NOTED OTHERWISE9. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, COORDINATION WITH OWNER.10. SMOKE AND CARBON MONOXIDE DETECTION TO BE INSTALLED AND MAINTAINED IN ADHERANCE WITH ALL APPICABLE CODES11. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O.12. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION , PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH.13. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR REFERENCE ONLY.MEM MEMBRANEMNFR MANUFACTURERMIN MINIMUMMR MOISTURE RESISTANTMTL METALNIC NOT IN CONTRACTNO NUMBERNOM NOMINALNTS NOT TO SCALEOA OVERALLOAM OVERALL MASONRYOC ON CENTEROH OVERHEADORD OVERFLOW ROOF DRAINOS OVERFLOW SCUPPEROPG OPENINGOPOI OWNER PROVIDED OWNER INSTALLEDOPCI OWNER PROVIDED CONTRACTOR INSTALLEDPC PRECASTPF PREFINISHEDPJ PANEL JOINTPL PLATEPLAM PLASTIC LAMINATEPLMG PLUMBINGPNL PANELPT PRESSURE TREATEDPTD PAPER TOWEL DISPENSERREINF REINFORCEDREQ REQUIREDREV REVISEDRD ROOF DRAINRM ROOMRO ROUGH OPENINGSAP SECURE PANEL ACCESSSC SEALED CONCRETESCHED SCHEDULEDSEC SECURITYSECT SECTIONSHT SHEETSHWR SHOWERSK SINKSPEC SPECIFICATIONSSS STAINLESS STEELSTL STEELSTIFF STIFFENERSTRUCT STRUCTURALT&G TONGUE AND GROOVETO TOP OFTOF TOP OF FOOTINGTPH TOILET PAPER HOLDERTS TUBE STEELTYP TYPICALUNO UNLESS NOTED OTHERWISEVAR VARIESVB VAPOR BARRIERVCT VINYL COMPOSITE TILEVERT VERTICALVIF VERIFY IN FIELDVT VINYL TILEVTR VENT THROUGH ROOFVWC VINYL WALL COVERINGW WITHWC WATER CLOSETWD WOODWDW WINDOWWP WATERPROOFWT WALL TYPEWWF WELDED WIRE FABRICPROJECT TEAMLANDSCAPEOUTSIDE L.A. BOULDER, COLORADO303-517-9256CIVILALPINE ENGINEERING, INC.34510 HIGHWAY 6, UNIT A-9EDWARDS, COLORADO 81632ARCHITECTURE359 DESIGN, LLC3630 OSAGE STREET DENVER, COLORADO 80211OWNERTRIUMPH DEVELOPMENT WEST12 VAIL RD, SUITE 700VAIL, COLORADO 81657970-688-5057WS-MAS1EXTERIOR ENCLOSURE IDENTIFIERREGISTERTRAFFIC CONSULTANTMCDOWELL ENGINEERING, LLC.PO BOX 4259EAGLE, COLORADO 81631GEOHAZARD CONSULTANTCESARE, INC.7108 SOUTH ALTON WAY -BUILDING BCENTENNIAL, COLORADO 801123630 OSAGE STREETDENVER, CO 80211720.512.34377/15/2021 3:56:12 PM-RESIDENCES AT MAIN VAIL30 June 2021TRIUMPH DEVELOPMENTMIDDLE CREEK LOT 32018 International Building Code2018 International Residential Code2018 International Fire Code2018 International Plumbing Code2018 International Mechanical Code2018 International Fuel Gas Code2018 International Energy Conservation Code2018 International Existing Building Code2017 National Electrical CodeAugust 3, 2021 - Page 64 of 115
PROJECT NUMBERISSUE DATE3630 OSAGE STREETDENVER, CO 80211720.512.3437REVISIONSSHEET TITLEISSUESHEET NO.TOWN STAMPDISCIPLINE STAMP7/15/2021 3:56:12 PMA6.10PERSPECTIVES-RESIDENCES AT MAIN VAIL30 June 2021TRIUMPHDEVELOPMENTMIDDLE CREEK LOT 3No. Description DateAugust 3, 2021 - Page 65 of 115
CEMENTITIOUS SIDING: CEMENTITIOUS SIDING: Northwest Factory Finish - "Walnut"Northwest Factory Finish - "Yellowstone"STUCCO: SW 7029 - "Agreeable Gray"ASPHALT SHINGLE: Timberline - "Appalachian Sky"CEMENTITIOUS SIDINGBOARD & BATTEN STONE VENEER STUCCOASPHALT SHINGLEPROJECT NUMBERISSUE DATE3630 OSAGE STREETDENVER, CO 80211720.512.3437REVISIONSSHEET TITLEISSUESHEET NO.TOWN STAMPDISCIPLINE STAMP7/15/2021 3:56:12 PMA7.02EXEMPLARCOMPARISON-RESIDENCES AT MAIN VAIL30 June 2021TRIUMPHDEVELOPMENTMIDDLE CREEK LOT 3No. Description DateTIMBER ACCENTSBASEMIDTOPBASEMIDTOPTIMBER ACCENTSFIRST CHAIR VAILPROPOSED BUILDINGAugust 3, 2021 - Page 66 of 115
CEMENTITIOUS LAP SIDING:
CEMENTITIOUS LAP SIDING:
Northwest Factory Finish - "Walnut"
Northwest Factory Finish - "Yellowstone"
STUCCO:
SW 7029 - "Agreeable Gray"
01
02
03
CEMENTITIOUS BOARD & BATTEN:
Board & Batten - HardiSmooth - Timber Bark
04
Colorado Buff
05
Timberline - "Appalachian Sky"
06
MASONRY STONE:
ASPHALT SHINGLE:
Fascia HardiSmooth/NW Factory - Cinder
07
FASIA:
Match Cinder
08
GUTTERS:
Level 01
8,228' - 1 1/4"
Level 02
8,238' - 7 1/4"
Level 04
8,259' - 7 1/4"
Level 03
8,249' - 1 1/4"
PARKING LEVEL - WEST
8,212' - 1 1/4"
LEVEL 05
8,270' - 1 1/4"
TOP LEVEL
8,280' - 7 1/4"10' - 6"10' - 6"10' - 6"10' - 6"10' - 6"16' - 0"SOLAR PANELS
SNOW GAURDS
DOWNSPOUT
GUTTERS
4
3
4
4
4
2
2
41
3 3
4
SNOW GATHERING AREA
SNOW GAURDS
SNOW GATHERING AREA
PARKING LEVEL - EAST
8,218' - 1 1/4"
2 3 4 5 61
6' - 2"3.9 4.7 5.2
DOWNSPOUT
PROJECT NUMBER
ISSUE DATE
3630 OSAGE
STREET
DENVER, CO 80211
720.512.3437
REVISIONS
SHEET TITLE
ISSUE
SHEET NO.
TOWN STAMP
DISCIPLINE STAMP
7/15/2021 1:19:45 PMA2.10
ELEVATIONS
-RESIDENCES AT MAIN VAIL30 June 2021
TRIUMPH
DEVELOPMENTMIDDLE CREEK LOT 3No. Description Date
3/32" = 1'-0"1 SOUTH ELEVATION
PRECEDENT & REFERENCE
FIRST CHAIR VAIL TARNES AVON TARNES AVON
0'4'12'24'
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From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: East Vail No
Date:Tuesday, August 3, 2021 6:25:24 PM
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: G Money <ghurd31@gmail.com>
Sent: Tuesday, August 3, 2021 4:15 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: East Vail No
I’m strongly opposed to building on the parcel East of VMS.
Gregory Hurd
Sent from my iPhone
August 3, 2021 - Page 112 of 115
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Residence at Main Vails Housing Development
Date:Tuesday, August 3, 2021 6:25:51 PM
Attachments:image001.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Colter Barnett <colter@basemountainsports.com>
Sent: Tuesday, August 3, 2021 4:47 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Residence at Main Vails Housing Development
To Whom It May Concern,
My name is Colter Barnett. I am a local business owner and inhabitant of this valley for 11 years. The
current housing crisis in the valley can be helped IF WE APPROVE projects like this. It is becoming
increasingly more difficult to find quality help in the valley for all businesses. We should be doing
everything possible to help. I stand in approval of this project and I urge you to as well. Please feel
free to use this opinion but keep me anonymous should it need to be publicized.
Thank you,
August 3, 2021 - Page 113 of 115
Colter Barnett
Director of Sales & Marketing
Base Mountain Sports, Ptarmigan Sports, & Elite Ski Delivery
c. 501.590.9408
w. 9709494327
f. 970.9498145
August 3, 2021 - Page 114 of 115
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 8:15 pm (estimate)
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