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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 Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. 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 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! August 3, 2021 - Page 5 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: 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 August 3, 2021 - Page 12 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: 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 1 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 2 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 3 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 4 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 5 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 6 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 7 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 August 3, 2021 - Page 44 of 115 Questions? August 3, 2021 - Page 45 of 115 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! August 3, 2021 - Page 46 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: 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, August 3, 2021 - Page 48 of 115 Town of Vail Page 2 8/3/2021 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. August 3, 2021 - Page 49 of 115 Town of Vail Page 3 8/3/2021 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 August 3, 2021 - Page 50 of 115 Town of Vail Page 4 8/3/2021 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 August 3, 2021 - Page 51 of 115 Town of Vail Page 5 8/3/2021 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 August 3, 2021 - Page 52 of 115 Town of Vail Page 6 8/3/2021 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: August 3, 2021 - Page 53 of 115 Town of Vail Page 7 8/3/2021 "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 August 3, 2021 - Page 56 of 115 Town of Vail Page 2 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. August 3, 2021 - Page 57 of 115 Town of Vail Page 3 • 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 August 3, 2021 - Page 58 of 115 Town of Vail Page 4 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. August 3, 2021 - Page 59 of 115 Town of Vail Page 5 • 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 August 3, 2021 - Page 62 of 115 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' August 3, 2021 - Page 67 of 115 August 3, 2021 - Page 68 of 115 August 3, 2021 - Page 69 of 115 August 3, 2021 - Page 70 of 115 August 3, 2021 - Page 71 of 115 August 3, 2021 - Page 72 of 115 August 3, 2021 - Page 73 of 115 August 3, 2021 - Page 74 of 115 August 3, 2021 - Page 75 of 115 August 3, 2021 - Page 76 of 115 August 3, 2021 - Page 77 of 115 August 3, 2021 - Page 78 of 115 August 3, 2021 - Page 79 of 115 August 3, 2021 - Page 80 of 115 August 3, 2021 - Page 81 of 115 August 3, 2021 - Page 82 of 115 August 3, 2021 - Page 83 of 115 August 3, 2021 - Page 84 of 115 August 3, 2021 - Page 85 of 115 August 3, 2021 - Page 86 of 115 August 3, 2021 - Page 87 of 115 August 3, 2021 - Page 88 of 115 August 3, 2021 - Page 89 of 115 August 3, 2021 - Page 90 of 115 August 3, 2021 - Page 91 of 115 August 3, 2021 - Page 92 of 115 August 3, 2021 - Page 93 of 115 August 3, 2021 - Page 94 of 115 August 3, 2021 - Page 95 of 115 August 3, 2021 - Page 96 of 115 August 3, 2021 - Page 97 of 115 August 3, 2021 - Page 98 of 115 August 3, 2021 - Page 99 of 115 August 3, 2021 - Page 100 of 115 August 3, 2021 - Page 101 of 115 August 3, 2021 - Page 102 of 115 August 3, 2021 - Page 103 of 115 August 3, 2021 - Page 104 of 115 August 3, 2021 - Page 105 of 115 August 3, 2021 - Page 106 of 115 August 3, 2021 - Page 107 of 115 August 3, 2021 - Page 108 of 115 August 3, 2021 - Page 109 of 115 August 3, 2021 - Page 110 of 115 August 3, 2021 - Page 111 of 115 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) August 3, 2021 - Page 115 of 115