HomeMy WebLinkAbout2021-11-02 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Agenda
Town Council C hambers and Virtual on Zoom
10:00 AM, November 2, 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 change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment on any agenda item may be solicited by the Town Council.
1.Call to Order
2.Site Visits- Van will depart the Town Municipal Building at 10:05 am
2.1.Ribbon Cutting for Children's Garden of Learning (330 South Frontage
Road, Vail)
45 min.
Presenter(s): Dave Chapin, Mayor
Background: A ribbon cutting ceremony to celebrate the opening of the new
Children’s Garden of Learning facility features 4,800 sq. ft. of space,
including 5 classrooms, 6 restrooms, kitchen, 2 offices, 2 flex spaces and
4,500 sq. ft. of outdoor play area. The building includes floor to ceiling
windows offering direct sunlight and dramatic views. The Town of Vail
supported the temporary relocation of the school until a permanent location
can be found as their current site will developed as Vail's newest housing
development.
2.2.Residences of Main Vail Ground Breaking (129 North Frontage Road,
W est, Vail)
30 min.
Presenter(s): Dave Chapin, Mayor
Background: The Vail Town Council is celebrating the culmination of more
than two years of planning and coordination to make way for construction of
Vail’s largest housing development. The Residences at Main Vail have been
designed as a 100% deed-restricted, for rent, residential development to
include a mix of 72 one- and two-bedroom apartments containing at least 72
parking spaces onsite with additional means of meeting the transportation
needs of the new residents.
3.The Afternoon Regular Meeting will reconvene at 3:30 p.m.
4.Presentation / Discussion
4.1.Deed Restriction Compliance and Enforcement Policy Recommendations 15 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Listen to presentation and provide initial
policy direction to the Housing Department on the draft deed restriction
compliance and enforcement policies.
Background: Each year, without exception, far too many deed-restricted
November 2, 2021 - Page 1 of 79
property owners fail to comply with the annual verification requirement of the
deed restriction and meet the February 1st deadline. I n some years, 40% –
50% of the property owners fail to meet the established deadline. This
circumstances has many negative or otherwise unintended consequences
which require the Housing Department's attention. The Vail Local Housing
Department is recommending deed restriction compliance and enforcement
policies aimed at addressing the issue.
Staff Recommendation: Approve the policy recommendations highlighted in
the staff memo and instructs the Town staff to take the steps necessary to
adopt said recommendations.
4.2.C D OT Parcel in East Vail Update 20 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Listen to presentation and ask questions.
Background:
The Vail Town Council directed the Town’s Housing Department to contact
the Colorado Department of Transportation (C D OT) regarding the potential
to partner in a collaboration with the Town on a future deed-restricted
residential development on a C D OT owned parcel in East Vail.
The intended future use of the parcel, if acquired, is to protect a portion of
the Bighorn Creek riparian corridor and provide a site for future deed-
restricted residential development.
Staff Recommendation:
For council's consideration:
Pursue the acquisition of proposed Lots 1, 2, and 3 from the
Colorado Department of Transportation
Acquire proposed Lot 1 for the protection of the environmentally
sensitive riparian corridor of Bighorn Creek with RE TT funds (13%)
Acquire proposed Lots 2 & 3 for future deed-restricted residential
development with Housing funds (87%)
I nitiate applications to amend the Vail Land Use Plan and the Official
Zoning Map, accordingly.
4.3.Cultural Heritage Committee Program Updates 15 min.
Presenter(s): Patty Mc Kenny, Assistant Town Manager, Kristen Bertuglia,
Environmental Sustainability Director, Lori Barnes, Director Vail Public
Library
Action Requested of Council: I nput and direction on programs.
Background: The Cultural Heritage Committee requests Council input on
two programs, the Vail Trailblazer Award Program, and the proposal for the
Commemorative Naming Program. Both programs fall under the umbrella of
the Cultural Heritage Committee's programs. The Trailblazer Award
nomination process opens Nov. 2; access the town's website for more
information at vailgov.com/community/community-engagement-
recognition/vail-trailblazer-award.
5.D R B / P E C Update (5 min.)
5.1.D RB / P E C Update
Presenter(s): J onathan Spence, Planning Manager
6.Information Update
November 2, 2021 - Page 2 of 79
6.1.October Revenue Update
6.2.Employee Parking Update
7.Matters from Mayor, Council and Committee Reports (10 min.)
8.Executive Session
8.1.Executive Session, pursuant to 1) C.R.S. §24-6-402(4)(f) - to discuss
personnel matters, regarding the Town Manager ’s annual review.
60 min.
Presenter(s): Matt Mire, Town Attorney
9.Recess
9.1.Recess 5:35 pm (estimate)
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for
public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media
website the week following meeting day, www.highfivemedia.org.
Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48
hour notification dial 711.
November 2, 2021 - Page 3 of 79
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: Ribbon Cutting for Children's Garden of L earning (330 South Frontage Road,
Vail)
P RE S E NT E R(S ): Dave Chapin, Mayor
B AC K G RO UND: A ribbon cutting ceremony to celebrate the opening of the new Children’s
Garden of L earning facility features 4,800 sq. ft. of space, including 5 classrooms, 6 restrooms,
kitchen, 2 offices, 2 flex spaces and 4,500 sq. ft. of outdoor play area. T he building includes floor
to ceiling windows offering direct sunlight and dramatic views. The Town of Vail supported the
temporary relocation of the school until a permanent location can be found as their current site will
developed as Vail's newest housing development.
AT TAC H ME N TS:
Description
Memo
November 2, 2021 - Page 4 of 79
Children’s Garden of Learning | 330 S. Frontage Rd., Lionshead
Ribbon Cutting Ceremony | November 2, 2021
Architect: Pierce Austin Architects
General Contractor: MW Golden Constructors & Palomar Modular Buildings
Operator: Children’s Garden of Learning
Owner: Town of Vail
Cost: $3 million
About the Project
The new Children’s Garden of Learning facility features 4,800 sq. ft. of space, including 5
classrooms, 6 restrooms, kitchen, 2 offices, 2 flex spaces and 4,500 sq. ft. of outdoor play area.
The building includes floor to ceiling windows offering direct sunlight and dramatic views. The
new location provides convenient access to explore nature along the recreation path, attend
story hour at the Vail Public Library, take a field trip by boarding a Town of Vail bus, gondola, or
by foot. Future features include creation of a nature nook on the grounds which will offer an
open space for children to explore nature.
The facility is licensed for 61 students by the State of Colorado Department of Health and
Human Services as of Oct.16, 2021, and began serving students on Oct. 18, 2021. The building
features use of 5 specially designed modular structures built by Palomar Modular Buildings to
meet the needs of the preschool. The town worked closely with the Children’s Garden of
Learning Board of Directors and staff to ensure the school’s operational needs were
incorporated in the design.
Project Coordination
Town of Vail staff, headed by Town Engineer Tom Kassmel, worked closely with Children’s
Garden of Learning to provide a seamless transition from the former location at 129 N. Frontage
Rd. W. to the new location in Lionshead, formerly used as the charter bus lot. Opening of the
preschool in its new location on Oct. 18, 2021, has cleared the way for construction of The
November 2, 2021 - Page 5 of 79
Residences at Main Vail which will be completed in summer 2023. Key construction milestones
during the preschool project included:
• Request for Proposal issued for modular manufacturer - October 2, 2020
• Town of Vail PEC Design Approval - January 11, 2021
• Modular Building Contract Awarded - January 19, 2021
• Town of Vail Design Review Board Approval by Appeal - February 16, 2021
• Construction Contract Awarded - May 4, 2021
• Start of Construction - June 1, 2021
• Modular units set - July 29, 2021
• Substantial Completion - October 15, 2021
Children’s Garden of Learning has a lease with the Town of Vail to operate at the new site for
$10 per year for the next five years. The temporary location will allow time to identify a
permanent home for the school while planning for implementation of the first phase of the Civic
Area Plan takes place which will repurpose the property.
About Children’s Garden of Learning
Children’s Garden of Learning is a Reggio Emilia-inspired preschool. With 25 years of rich
history in educating young children and a highly educated and qualified staff, CGL is one of
Vail’s greatest assets. Inspired by the Reggio Emilia philosophy, Children’s Garden of Learning
partners with children, families, and the Vail Valley community to provide an inquiry-based
education for young learners. Teachers and children co-construct their learning experience
through observation, intentional planning, creative environments, and active exploration of
materials. Our goal is for each student to emerge as socially capable, creative citizens who love
learning.
Each year, CGL averages 80 students ranging in age from 18 months old to 5 years old. The
two toddler rooms are limited to 7 students each day to allow for increased individual attention in
these busy, exciting growth years. Toddler rooms serve children ages 18 months to 3 years old.
Both preschool rooms are limited to 14-15 students each day and staffed with 2 teachers per
room. The three preschool rooms serve students from age 3 to 5.
History of Children’s Garden of Learning
Two well-known Vail preschools, the Learning Tree and the ABC School, were opened in 1986.
With a long history of providing wonderful preschool education for Vail’s children, these two
schools merged and became the Children’s Garden of Learning in 2002.
At that time, CGL incorporated as a not-for-profit 501c3 and was temporarily housed at Red
Sandstone Elementary while its former home was being built as part of the Middle Creek Village
Apartments development.
www.childrensgarden-vail.com
Relocation of Oversize Vehicle Parking
November 2, 2021 - Page 6 of 79
Oversize vehicle parking for trailers, RVs and charter buses has been relocated to the North
Frontage Road west of the West Vail Fire Station for free day parking from 7 a.m. to 11 p.m. as
well as paid overnight parking during ski season. There is a three-day maximum stay per 30
days in this area. Additional oversize vehicle parking is available on a first-come, first-served
basis on the North Frontage road across from the West Vail Mall from 7 a.m. to 11 p.m.
Overnight parking is prohibited across from the West Vail Mall.
November 2, 2021 - Page 7 of 79
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: Residences of Main Vail Ground B reaking (129 North F rontage Road, West, Vail)
P RE S E NT E R(S ): Dave Chapin, Mayor
B AC K G RO UND: The Vail Town Council is celebrating the culmination of more than two years of
planning and coordination to make way for construction of Vail’s largest housing development. T he
Residences at Main Vail have been designed as a 100% deed-restricted, for rent, residential
development to include a mix of 72 one- and two-bedroom apartments containing at least 72
parking spaces onsite with additional means of meeting the transportation needs of the new
residents.
AT TAC H ME N TS:
Description
Memo
November 2, 2021 - Page 8 of 79
Residences at Main Vail | 129 N. Frontage Rd. W.
Groundbreaking Ceremony | November 2, 2021
Architect: 359 Design/Triumph West
General Contractor: Triumph Development West, LLC
Owner: Town of Vail
Estimated Completion: Summer 2023
Estimated Cost: $26 million
About the Development
The Vail Town Council is celebrating the culmination of more than two years of planning and
coordination to make way for construction of Vail’s largest housing development. The
Residences at Main Vail will advance the Town of Vail Housing goal of acquiring 1,000
additional deed restrictions by the year 2027. Not since construction of the Chamonix Vail
Townhomes and Vail Commons has such an impact been made in increasing the number of
available homes for working residents.
The Residences at Main Vail have been designed as a 100% deed-restricted, for rent,
residential development to include a mix of 72 one- and two-bedroom apartments containing at
least 72 parking spaces onsite with additional means of meeting the transportation needs of the
new residents
Additional amenities include individual storage unit lockers, on-site laundry, indoor and outdoor
community gathering spaces, a solar panel installation for on-site energy production with 100%
electrification systems to minimize the carbon footprint of the new building.
The central location near the Vail Town Center roundabout provides convenient pedestrian
access to Vail Village and Lionshead Village and will be home to as many as 200 year-round
and seasonal Vail residents.
The new homes will be available for occupancy by persons and families who are employed a
minimum of 30 hours per week, on average on an annual basis, at a business located within
November 2, 2021 - Page 9 of 79
Eagle County. It is most likely, however, that leasing preference will be granted to those persons
employed at businesses within the Town of Vail.
Construction Timeline
Construction will take place in two phases with completion anticipated by summer of 2023.
Phase 1 construction – November 2021 - March 2022
Includes demolition, excavation and construction of both permanent and temporary shoring
walls over the winter season.
Phase 2 construction – March 2022 - June 2023
Includes site grading, utilities, vertical building improvements and landscaping.
Financing
Because of historically low interest rates in municipal financing and the ability to retain
ownership of the property in perpetuity, the town has arranged to finance construction of the
Residences at Main Vail via tax-exempt certificates of participation. Bonds were sold on October
20, 2021 providing $25 million to the project. As a part of the financing process, the town’s bond
rating was evaluated and ultimately upgraded to Aaa, allowing the town to receive the best
interest rate possible on the financing. Future rental income will cover the annual debt payments
of $1.2 million. The 30-year repayment will be complete in 2051, with total interest cost of $14.3
million (2.7% interest rate).
About the Property
The Town of Vail acquired the property, known as Lot 3 Middle Creek, as part of the larger
Mountain Bell site in 1974. In 2004 an early childhood center was constructed on the property
as a condition of approval during construction of the $20 million Middle Creek Village
Apartments, also located on town property. The development was financed through private
equity, LIHTC tax credits, Colorado Housing & Finance Authority and HUD loans. The 4,500 sq.
ft. Children’s Garden of Learning, with three classrooms and space for 58 early childhood
education students, opened in 2005 with completion of the Middle Creek homes. To make way
for The Residences at Main Vail, the Lot 3 Middle Creek parcel was created by resubdivision in
July 2020, in partnership with Coughlin & Company, the leaseholder and owner of the Middle
Creek Village Apartments. In addition, the Town of Vail and Board of the Children’s Garden of
Learning worked together to relocate the preschool to a temporary facility in Lionshead with
100% of the $3 million construction funded by the town. The new school opened on Oct.18,
2021, and will remain in its new location for up to five years, per a lease agreement between the
town and Children’s Garden of Learning. This temporary location will allow time to identify a
permanent home for the school.
Role of Triumph Development West
The role of Triumph Development West has evolved from a leasehold interest developer that
would have owned and operated improvements on the property to a fee-based developer with a
property manager role to be executed by a future management agreement. The decision points
include the following:
• Feb. 2, 2021: Vail Town Council passed Resolution No. 3, Series of 2021, approving a
Pre-Development Agreement for the Middle Creek Project. At this time the agreement
November 2, 2021 - Page 10 of 79
was structured as a public-private partnership with Triumph Development where the
town would retain ownership of the land and Triumph would construct, own and operate
the new housing project. Under this agreement Triumph was to be paid a $300,000
management fee and up to $390,000 for design and development consultants to
manage the entitlement process. To date, all but $100,000 in milestone payments have
been paid.
• March 2, 2021: Vail Town Council passed Resolution No. 10, Series of 2021, approving
a Development Agreement for the Middle Creek Project. This agreement set forth
intentions for a future ground lease and to move forward with plans for construction of
the Residences at Main Vail. The agreement was intended to be a public-private
partnership. However, during negotiations with Triumph concerns about the high cost of
financing in the private sector led the town’s internal project committee to consider town-
initiated financing to take Town of Vail advantage of record low interest rates available to
municipalities and the town’s financial strength.
• June 15, 2021: Vail Town Council directed Town of Vail to finance the construction of the
Residences of Main Vail and that the Town of Vail would retain ownership of the
Residences of Main Vail. This was a change in the original structure of a public private
partnership to a fee-based development and included an availability fee of $3.5 million to
be paid to Triumph in two milestones ($1.5 million at building permit and $2 million at
certificate of occupancy).
• Aug. 17, 2021: Vail Town Council approved a Professional Service Agreement for up to
$608,000 to continue work on the design, planning and entitlement process while the
larger development agreement was being negotiated.
• Sept. 21, 2021: Vail Town Council passed Ordinance 18 of 2021 authorizing the sale of
up to $25 million in Certificates of Participation to finance a majority of the project.
Closing took place October 20, 2021.
• Oct. 19, 2021: Vail Town Council passed Resolution No. 43, Series of 2021 approving a
development agreement with Triumph Development West LLC for Phase 1 Residences
at Main Vail.
To date, Triumph Development has managed the entitlement process for the project under the
Pre-Development agreement, Development Agreement and Professional Services Agreement,
and the Town and Triumph as co-applicants, have filed all necessary development applications
for the project. The town continues to have sole ownership rights to all application materials and
approved development plans.
November 2, 2021 - Page 11 of 79
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: Deed Restriction Compliance and Enforcement P olicy Recommendations
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and provide initial policy
direction to the Housing Department on the draft deed restriction compliance and enforcement
policies.
B AC K G RO UND: E ach year, without exception, far too many deed-restricted property owners fail
to comply with the annual verification requirement of the deed restriction and meet the F ebruary 1st
deadline. I n some years, 40% – 50% of the property owners fail to meet the established deadline.
This circumstances has many negative or otherwise unintended consequences which require the
Housing Department's attention. The Vail L ocal Housing Department is recommending deed
restriction compliance and enforcement policies aimed at addressing the issue.
S TAF F RE C O M M E ND AT IO N: A pprove the policy recommendations highlighted in the staff
memo and instructs the Town staff to take the steps necessary to adopt said recommendations.
AT TAC H ME N TS:
Description
Draft Deed Restriction Compliance and Enforcement Policy Recommendation 11022021
November 2, 2021 - Page 12 of 79
To: Vail Town Council
From: Vail Local Housing Authority
George Ruther, Housing Director
Date: November 2, 2021
Subject: Draft Deed Restriction Compliance and Enforcement Policies - Recommendation
I. Purpose
The purpose of this memorandum is to outline deed restriction compliance and
enforcement policy recommendations for evaluation and consideration by the Vail Town
Council. The Vail Town Council has asked that the Vail Local Housing Authority to take
this matter under advisement and forward a recommendation of draft policies to the
Council for further review and adoption. For purposes of this review and
recommendation, the Authority served in an advisory capacity only. In doing so, on
September 14, 2021, the Authority voted unanimously to forward a recommendation of
approval to the Vail Town Council. The Vail Town Council shall be the final decision-
maker on policy adoption.
II. Background
The Town of Vail relies upon deed-restrictions mutually recorded between private
property owners and the Town of Vail as a means of ensuring homes for year-round local
Vail residents and its seasonal workforce. This approach has proven extremely
successful and has been in place for nearly four decades. To date, the Town of Vail has
acquired ownership of more than 1,025 deed restrictions for resident housing in Vail and
down valley. The recorded deed-restriction documents contain several important terms,
the objective of which is intended to achieve the Town’s adopted housing vision and goal.
One of the terms is a requirement that the owner of a deed-restricted property submits a
signed affidavit, along with certain evidentiary materials to the Town, on February 1st,
annually, verifying and demonstrating that the occupancy of the deed-restricted property
met the following:
a. Occupied by a Qualified Household during all of the prior calendar year;
b. If applicable, a copy of the lease form currently used for the Property;
c. If applicable, a list of tenants who occupied the Property in the prior calendar
year and the evidence submitted by each tenant to establish that they were a
Qualified Resident, as set forth in the Qualification Guidelines.
November 2, 2021 - Page 13 of 79
Town of Vail Page 2
Said signed affidavit is due by no later than February 1st of each year. Currently, the
Housing Department sends out courtesy letters in December/January of each year further
reminding deed-restricted property owners of their obligation and pending February 1st
deadline.
III. Problem
Each year, without exception, far too many deed-restricted property owners fail to comply
with the annual verification requirement of the deed restriction by meeting the February
1st deadline. In some years, 40% – 50% of the property owners fail to meet the
established deadline. As of June 1, 2021, 16 property owners had failed to comply.
Disappointingly, 15 of the 16 property owners were repeat offenders from 2020. Now, as
a result, a number of potential problems begin to arise.
Those problems include:
• Perceptions of inconsistency of enforcement or lack thereof
• Loss of credibility in the Town in its deed-restricted housing programs by taxpayers
and the general public
• Inefficient use of limited staff time (housing dept., police dept., legal, court, etc.)
and financial resources
• Added expense of compliance and enforcement and use of taxpayer dollars
• Prevalence of repeat offenders
• Lack of clarity or consistency of verification information required
• Three forms of non-compliance which require enforcement:
1) Failure to comply with the February 1st annual deadline
2) Failure to submit complete information to verify compliance
3) Failure to comply with the terms of the deed restriction
IV. Opportunity
An opportunity exists for the Town to improve and further enhance the annual verification
process for deed-restricted properties in Vail. An improved and enhanced verification
process likely yields higher occupancy rates of deed-restricted homes and increases the
likelihood that a property owner might deed-restrict their property. Any improvements or
enhancements are best achieved through the adoption of deed restriction compliance
and enforcement polices by the Vail Town Council, as may be recommended by the Vail
Local Housing Authority. Once adopted, these policies provide direction and clarify
expectations. In fact, as the Town makes progress towards its goal of acquiring 1,000
new deed restrictions by the year 2027, a more efficient and effective annual verification
process is needed to simply to keep pace with an ever-increasing volume of work. To
that end, and to solve the problems identified above, the following draft policies for annual
verification, compliance and enforcement are proposed for consideration:
• Zero Tolerance - 100% of all deed restrictions acquired by the Town of Vail will
be verified for compliance annually.
November 2, 2021 - Page 14 of 79
Town of Vail Page 3
• Accountability for Non-compliance - An administrative procedure shall be
implemented that establishes a $250 verification documentation fee, which shall
be waived when a property owner complies prior to the verification deadline
(February 1st) and a $100 mandatory fine/penalty per day for non-compliance if
they do not. An escalating scale shall be adopted to address instances involving
repeat offenders. The mandatory fine, if unpaid, shall appear as a recorded lien
against the title to the property. The surest way to avoid payment of the verification
documentation fee is to adhere to the terms of the recorded deed restriction
without exceptions.
• Clear Expectations for Compliance - Annual compliance requirements and
processes for verification shall be clearly articulated to all deed-restricted property
owners.
• Customer Convenience - The Housing Department shall use technology to
further enhance the ease of use and added convenience to the demonstration of
compliance process. In 2020, the Housing Department launched an online sworn
compliance statement form which resulted in an immediate reduction in the
number of deed restricted property owners failing to comply with the February 1st
deadline. Continuous improvements will be made as needed. Additionally, the
Housing Department will continue to provide a courtesy reminder letter to property
owners as a matter of convenience and acknowledgement of our continued
partnership.
• Adequacy of Information - Only the minimum information needed to
demonstrate compliance shall be required.
• Organizational Alignment – The Town of Vail shall align itself organizationally to
carry out the annual verification process in a timely, responsive, and effective
manner, including any enforcement actions which may be necessary.
V. Next Steps
Once policy direction has been determined and adopted by the Vail Town Council, the
town staff will work to amend processes and procedures to align with the newly adopted
policy direction. It is intended that the majority of the possible improvements and
enhancements identified above will be in place for the upcoming 2021 verification
process, due on February 1, 2022. Additionally, steps would be taken to ensure any
changes in process are clearly and effectively communicated to deed-restricted property
owners well in advance of the February 1st deadline.
November 2, 2021 - Page 15 of 79
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: C D O T P arcel in East Vail Update
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and ask questions.
B AC K G RO UND:
The Vail Town C ouncil directed the Town’s Housing Department to contact the Colorado
Department of Transportation (C D O T ) regarding the potential to partner in a collaboration with the
Town on a future deed-restricted residential development on a C D O T owned parcel in East Vail.
The intended future use of the parcel, if acquired, is to protect a portion of the B ighorn Creek
riparian corridor and provide a site for future deed-restricted residential development.
S TAF F RE C O M M E ND AT IO N:
For council's consideration:
P ursue the acquisition of proposed L ots 1, 2, and 3 from the Colorado D epartment of
Transportation
A cquire proposed L ot 1 for the protection of the environmentally sensitive riparian corridor of
B ighorn Creek with R E T T funds (13%)
A cquire proposed L ots 2 & 3 for future deed-restricted residential development with Housing
funds (87%)
I nitiate applications to amend the Vail L and Use P lan and the Official Z oning Map,
accordingly.
AT TAC H ME N TS:
Description
East Vail C O D T Parcel Update 11022021
Presentation
November 2, 2021 - Page 16 of 79
To: Vail Town Council
From: George Ruther, Housing Director
Date: November 2, 2021
Subject: CDOT Parcel in East Vail Update and Next Steps
I. Purpose
The purpose of this memorandum is to provide an update to the Vail Town Council and
the community on the progress towards the Town’s potential acquisition of the CDOT
Parcel in East Vail and highlight a series of intended next steps.
In furtherance of recommendations of the 2018 Open Lands Plan Update, and at the
specific direction of the Vail Town Council, town staff has been in regular discussions with
representatives from the Colorado Department of Transportation regarding the
disposition and acquisition of the parcel for future deed-restricted residential
development. The parcel in question is located at the northeast corner of the intersection
of Columbine Drive and Spruce Way in East Vail.
This action furthers the objectives of the Vail Town Council Action Plan 2018 -2020 and
advances the Town’s adopted housing and environmental sustainability goals.
II. Background
The Vail Town Council directed the Town’s Housing Department to contact the Colorado
Department of Transportation (CDOT) regarding the potential to partner in a collaboration
with the Town on a future deed-restricted residential development on a CDOT owned
parcel in East Vail. Following initial discussions and the review of several development
partnership scenarios, CDOT concluded their needs would be best served by selling the
parcel at fair market value and investing in housing opportunities elsewhere within the
region. With that in mind, town staff and CDOT representatives pivoted our focus and
met regularly throughout the summer of 2021 to determine the exact parcel size and
configuration that could be disposed of by CDOT without negatively impacting future I-70
interstate widening plans, or otherwise affecting the transportation objectives of the
Department.
Three potential lots (see attached) have been identified for disposition including the
following:
November 2, 2021 - Page 17 of 79
Town of Vail Page 2
Bighorn Lot 1 – 5,515 square feet/0.127 acres
Bighorn Lot 2 – 25,579 square feet/0.587 acres
Bighorn Lot 3 – 13,344 square feet/0.306 acres
Total - 44,438 square feet/1.02 acres
The area of the CDOT Parcel in East Vail is acknowledged in the Town’s adopted master
planning documents. A review of the Vail Land Use Plan, the Official Zoning Map of the
Town of Vail and the 2018 Open Lands Plan Update reveal the following:
• Open Lands Plan - Action Item #22
Purpose - Protect environmentally sensitive portion of parcel, potential
development of workforce housing project.
Action – Acquire parcel.
Other Information – This 1.78 acre parcel is owned by the Colorado Department
of Transportation. Bighorn Creek bisects the parcel and the parcel is impacted by
a debris flow zone. Refer to Chapter 3 - Town Owned Lands and Use of Lands for
more information.
• Vail Land Use Plan
A land use category is not designated for this parcel. If acquired, an amendment
to the Vail Land Use Plan is recommended. The recommended designation would
most likely be ??? to compliment and comply with the prescribed designation of
properties in the immediate vicinity.
• Official Zoning Map
A zone district is no designated for this parcel. If acquired, an amendment to the
Official Zoning Map of the Town of Vail is recommended. Consistent with the
recommended actions of the 2018 Open Lands Plan, it would most likely be
proposed to be zoned the Housing (H) District, or other similar district which
permits the development of deed restricted residential development.
III. Staff Recommendation
Increasing the supply and availability of deed-restricted homes for year-round and
seasonal residents remains one of the more critical infrastructure needs facing the Vail
community. Historically, the scarcity of land suitable for residential development has been
a barrier to addressing this need. The CDOT Parcel in East Vail is a suitable site for
residential development based upon the site feasibility work completed to date. To that
end, the Housing Department recommends the following for the Vail Town Council’s
consideration:
November 2, 2021 - Page 18 of 79
Town of Vail Page 3
• Pursue the acquisition of proposed Lots 1, 2, and 3 from the Colorado Department
of Transportation
• Acquire proposed Lot 1 for the protection of the environmentally sensitive riparian
corridor of Bighorn Creek with RETT funds (13%)
• Acquire proposed Lots 2 & 3 for future deed-restricted residential development
with Housing funds (87%)
• Initiate applications to amend the Vail Land Use Plan and the Official Zoning Map,
accordingly.
IV. Next Steps
A series of intended next steps have been identified to move the disposition and
acquisition processes of the CDOT Parcel in East Vail forward. The following steps are
to be taken in the coming months:
• Identify funding source(s) for acquisition (housing fund & RETT)
• Resolve 1 foot exception and any other remaining title issues
• Receive updated environmental clearances and categorical exclusions
• Update real estate appraisal based upon new parcel size and configuration and
intended uses
• Receive Transportation Commission approval to dispose of the parcel (Feb/Mar)
• Initiate 30-day advertisement for sale to local taxing authorities (Eagle County,
ERWSD, Eagle County School District, etc.)
• Vail Town Council authorize the appropriation of funds to purchase
• Conduct bid opening at the end of the 30-day advertisement period
• Negotiate contract and prepare for closing
• Closing – execute final deed signatures and record new title of ownership
November 2, 2021 - Page 19 of 79
November 2, 2021 - Page 20 of 79
SITE TEST FIT PRESENTATION \\ November 2 2021VAIL, COPREPARED BY 359 DESIGNBIGHORN CREEK - VAILCOLUMBINE DR & SPRUCE WAYNovember 2, 2021 - Page 21 of 79
BIGHORN CREEK - VAIL_VAIL, CO2TABLE OF CONTENTS01.002.003.004.0zoningdesign proposalsprecedentssite optionsNovember 2, 2021 - Page 22 of 79
01.0 \\ ZONING: BIGHORN CREEK - VAIL_VAIL, CO3informationPROJECT ZONING | Town of Vail Zone District1. PRIMARY LAND USES The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifi cally prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2)2. BUILDING HEIGHT (max): FLAT / MANSARD ROOF: 45’ SLOPING: 48’ 3. SETBACKS (min): PERIMETER: 25’ COLLECTOR/ARTERIAL ROAD SETBACK: 50’ 4. SITE COVERAGE (max): SITE AREA: 55%5. MINIMUM LANDSCAPED AREA (min): SITE: 30% SITE AREA (width & length): 15’ or 300 sq. ft. 6. MAXIMUM DENSITY: GRFA: 76 sq. ft. per 100 sq. ft. of buildable area DWELLING UNITS/ACRE: 25 1. MULTIFAMILY DWELLINGS: GRFA =/<500 square feet: 1.5 spaces GRFA > 500 square feet, < 2,000: 2 spaces GRFA =/> 2,000 square feet: 2.5 spacesOff street parking and loading shall be provided in accordance with chapter 10 of this title.min 75% of required parking located within main building and hidden from public viewNo parking to be located in front setback area(Ord. 19(1976) § 7: Ord. 8(1973) § 6.510)+CHAPTER 6 - ARTICLE I: HOUSING ZONE DISTRICT+PARKING REGULATIONSNovember 2, 2021 - Page 23 of 79
01.0 \\ ZONING: BIGHORN CREEK - VAIL_VAIL, CO4information - lot 1, 2, and 3November 2, 2021 - Page 24 of 79
01.0 \\ ZONING: BIGHORN CREEK - VAIL_VAIL, CO5information - lot 17November 2, 2021 - Page 25 of 79
02.0 \\ DESIGN PROPOSALS:
BIGHORN CREEK - VAIL_VAIL, CO 6
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0DLQWDLQLQJYLHZVDQGDFFRPPRGDWLQJJUDGHZLOOOLNHO\OHDGWRDYDULHW\RIXQLWW\SHV
November 2, 2021 - Page 26 of 79
02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO7character - flats62&,$/&219(1,(17/,9,1*Flats VKRXOGDSSHDOWRDZLGHUUDQJHRILQGLYLGXDOVWDUJHWLQJD\RXQJSURIHVVLRQDOZRUNLQJQHDU Vail/LYLQJVSDFHVFRXOGEHDQFKRUHGE\VHPLSXEOLFDPHQLWLHVZKHUHJUDGHDOORZVRUPRYHWRLQWHULRU EDVHGDPHQLW\SURJUDPPLQJ%HFDXVHWKH\DUHYLVLEOHIURPWKHRWKHUEXLOGLQJW\SHVURRIVDQGIDFDGHV VKRXOGEHFRQVLGHUHGIURPDOODQJOHVNovember 2, 2021 - Page 27 of 79
02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO8Townhome - Type 01 Total Unit Area - 1,077 SFTownhome - Type 02 Total Unit Area - 1,166 SFTownhome - Type 03 Total Unit Area - 1,519 SFTownhome - Type 04 Total Unit Area - 1,910 SF:':+)851(175<08'5220&/26(7&/26(7:+)8515()'::'5()':Level 1Level 1 Level 1 Level 1Level 2Level 2 Level 2 Level 2Level 3 Level 3 Level 3:+)851&/26(7CHAMONIX - Vail, CONovember 2, 2021 - Page 28 of 79
02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO9%('5220&/26(7%$7+08'5220/$81'5</,9,1*.,7&+(1%2;:,'7+
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BURLINGAME - Aspen, CONovember 2, 2021 - Page 29 of 79
03.0 \\ PRECEDENTS: BIGHORN CREEK - VAIL_VAIL, CO10HAYMEADOW - Eagle, COMASTERBEDROOMMASTERCLOSETMASTER BATHKITCHENDININGLIVINGMUDROOM/LAUNDRY33' - 0"28' - 0"PANTRY CABINET12' - 0"14' - 6"12' - 0"MUDROOM/LAUNDRYLIVINGDININGKITCHENCOATSDEN/ STORAGEBEDROOMMASTERBEDROOMMASTERCLOSETMASTER BATH33' - 0"28' - 0"PANTRY CABINET12' - 0"14' - 6"12' - 0"12' - 0"33' - 0"BATHKITCHEN LIVINGSLEEPING14' - 6"KITCHENBEDROOMBATH33' - 0"29' - 0"CLOSETLIVINGMUDROOM/LAUNDRYDININGPANTRY CABINET14' - 6"12' - 0"Studio Total Unit Area - 443 SF1 Bedroom Flat Total Unit Area - 769 SF3 Bedroom Flat Total Unit Area - 1,433 SF2 Bedroom Flat Total Unit Area - 1,162 SFNovember 2, 2021 - Page 30 of 79
03.0 \\ PRECEDENTS: BIGHORN CREEK - VAIL_VAIL, CO11MOUNTAIN GATEWAY - Gypsum, CO5()':/97/97/97&37&37&37&37/97/97/97/97/972 Bedroom Flat Total Unit Area - 776 SFNovember 2, 2021 - Page 31 of 79
02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO12option 1a - townhomes - 18 total units6358&(:$<&2/80%,1('5,9(($67%281',:(67%281',%,*+251&5((.(;,67,1*)(1&(/,1(
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02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO13option 1b - townhomes - CHAMONIX - 15 total units
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02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO14option 1c - townhomes - 15 total units%,*+251&5((.63$&(681'(57+(32',80
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02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO15option 2a - flats - 36 total units6358&(:$<($67%281',:(67%281',%,*+251&5((.3('(675,$1%5,'*( 63$&(6
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02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO16option 2b - flats - 18 total units%('5220&/26(7%$7+08'5220/$81'5</,9,1*.,7&+(1%2;:,'7+
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November 2, 2021 - Page 36 of 79
02.0 \\ DESIGN PROPOSALS: BIGHORN CREEK - VAIL_VAIL, CO17option 3a - townhomes and flats - 24 total units%('5220&/26(7%$7+08'5220/$81'5</,9,1*.,7&+(1%2;:,'7+
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November 2, 2021 - Page 37 of 79
04.0 \\ SITE OPTIONS: BIGHORN CREEK - VAIL_VAIL, CO18SITE PLAN OPTIONS6358&(:$<&2/80%,1('5,9(($67%281',:(67%281',%,*+251&5((.(;,67,1*)(1&(/,1(
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November 2, 2021 - Page 38 of 79
04.0 \\ SITE OPTIONS: BIGHORN CREEK - VAIL_VAIL, CO19Lot 2 / 3 option 2a - flats | 36 total units6358&(:$<($67%281',:(67%281',%,*+251&5((.3('(675,$1%5,'*( 63$&(6
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SITE PLAN OPTIONSNovember 2, 2021 - Page 39 of 79
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: Cultural Heritage Committee P rogram Updates
P RE S E NT E R(S ): P atty Mc K enny, A ssistant Town Manager, K risten Bertuglia, E nvironmental
S ustainability Director, L ori B arnes, Director Vail Public L ibrary
AC T IO N RE Q UE S T E D O F C O UNC I L: I nput and direction on programs.
B AC K G RO UND: The Cultural Heritage Committee requests Council input on two programs, the
Vail Trailblazer Award P rogram, and the proposal for the Commemorative Naming Program. Both
programs fall under the umbrella of the Cultural Heritage Committee's programs. T he Trailblazer
Award nomination process opens Nov. 2; access the town's website for more information at
vailgov.com/community/community-engagement-recognition/vail-trailblazer-award.
AT TAC H ME N TS:
Description
Memo C H C Program Updates 110221
November 2, 2021 - Page 40 of 79
To: Mayor and Town Council
From: Cultural Heritage Committee
Date: November 2, 2021
Subject: Cultural Heritage Committee: Program Updates
I. SUMMARY
The Council is asked to review two programs, noted below, and provide input and direction on
staff questions regarding the Trailblazer Award and the proposed Commemorative Naming
Program.
II. TOWN OF VAIL CULTURAL HERITAGE PROGRAMS
a. Vail Trailblazer Award Updates
The window for nominations for the 2022 Trailblazer Award begins November 2 through
Dec 15. The community is encouraged to complete the nomination form found on the Town
of Vail website: Vail Trailblazer Award | Vail, CO (vailgov.com). Please see Exhibit A for
details of this program.
A Town Council selection committee will be confirmed in January once the nominations
have been collected. Last year’s committee included Jen Mason and Jenn Bruno. A total of
ten nominations were submitted for the award by several council members, a local nonprofit
organization, and staff members.
For the purpose of clarity and potential changes to the program, staff seeks feedback
and direction on the following questions:
1. Would the Town Council request the Cultural Heritage Committee support the program
with relevant nominations for consideration?
2. Should one member from the Cultural Heritage Committee serve on the selection
committee in keeping with CHC’s mission to preserve the town’s history and legacy?
3. Should the nomination process include only those persons who are living and not
include those nominated posthumously?
4. Should nominations roll forward from year to year and past nominations remain on the
list for consideration.
Trailblazer award materials will be updated, if necessary, based on the council’s feedback.
November 2, 2021 - Page 41 of 79
Town of Vail Page 2
b. Town of Vail Commemorative Naming of Town Owned Properties Program (Parks,
Plazas, Streets, Buildings, and Interior Space) PROPOSED DRAFT
The Town Council was presented a request by the family of Pepi Gramshammer to honor
his legacy which might include a town property and/or naming, e.g. Pepi’s Plaza. There was
support for this idea along with a request from Council to develop a formal policy on the
process for these kinds of requests. The section below outlines some guidelines for
consideration in developing the policy. The Appendix (attached) reflects the town’s history
with naming town owned property.
DRAFT LANGUAGE
Naming or Commemoration of Town-owned Properties, including Parks, Plazas,
Streets, Buildings, and Interior Spaces
Background
Since the incorporation of the Town of Vail in 1966, various parks, buildings, plazas,
streets, and other landmarks have been named to recognize the contributions of Vail’s
dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine
setting and European roots. In anticipation of future naming opportunities, guidelines and
considerations are recommended to not only reflect practices of the past, but to provide
a formal structure for future decisions.
Recommended naming guidelines and considerations
To connect Vail's past, present and future, a framework for opportunities to recognize
additional social, environmental and economic influences could be considered with
adoption of a nomination process and review criteria for the Naming or Commemoration
of Town-owned Properties, including:
Parks, Plazas, Streets, Buildings, and Interior Spaces. Considerations include:
• Does the naming inspire future generations to celebrate a historical figure, place,
event or other instance of historical or cultural significance?
• Does the naming involve a natural or geological feature?
• Does the naming involve an individual or individuals whose legacy is well
documented in how the actions have shaped Vail in the past or present and/or how it
will influence Vail in the future?
• Does the naming honor a fallen community member in recognition of their life’s
passion?
• Does the naming formalize a nickname or common use identification?
• Does the naming honor an individual or individuals as a stipulation of a donation of
property or financial contribution?
• Is the naming timeless in that it reflects the tradition, continuity and values of the
community in perpetuity?
• Is there a circumstance where a renaming is warranted to address historical
accuracy or a circumstance of dishonor?
If Town Council wishes to pursue a formal naming process that will offer a consistent
and systematic approach, recommended next steps are as follows:
• Review, modify and/or adopt the naming considerations listed above.
November 2, 2021 - Page 42 of 79
Town of Vail Page 3
• Create a review process and decision-making structure in which recommendations
are evaluated by the Town of Vail Cultural Heritage Committee with final approval by
Vail Town Council.
• Establish an online nomination form to document and process town and community-
initiated nominations that are submitted from time to time.
III. ACTION REQUESTED
The Town Council is asked to give input about the Vail Trailblazer Award questions posed.
The Town Council is asked to give input about the draft Commemorative Naming Program. If
Council wishes to pursue adoption of the program, staff will return with a final copy for formal
approval at a later meeting (via resolution or consent agenda).
APPENDIX: Examples of spaces named for individuals in Vail include:
• Susan Knott Memorial Bridge
• Pulis Bridge
• Katsos Ranch
• Gerald R. Ford Park & Amphitheater
• Betty Ford Alpine Gardens
• Betty Ford Way (through Ford Park)
• Bill Wright Tennis Center
• Ben Kruger Room (Vail Golf & Nordic Center)
• Roger Staub Park
• Ted Kindel Park
• Eaton Plaza/Founders Plaza
• Seibert Circle
• Silfer Square
• John and Cissy Dobson Covered Bridge
• Mayors’ Park
• Dobson Ice Arena
• Zeke M. Pierce Skatepark
• John F. Donovan Park
• Stephens Park
• Ellefson Park
• Buffehr Park (TBD)
• Bighorn Park
Other forms of recognition and remembrance in Vail include:
• Vail Memorial Park
• Vail Trailblazer Award (annual)
• Bench program (5 years)
• Vail Mountain Ski Trail (determined by Vail Resorts)
November 2, 2021 - Page 43 of 79
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: D R B / P E C Update
P RE S E NT E R(S ): J onathan S pence, Planning Manager
AT TAC H ME N TS:
Description
October 20, 2021 D R B Meeting Results
October 27, 2021 P E C Meeting Results
November 2, 2021 - Page 44 of 79
D E S IG N R E V IE W B O AR D
October 20, 2021, 2:00 PM
Town Council C hambers
75 S. Frontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_xA P RvX H9S7qy9hu8Xr-Zjw
1.2.Attendance
Present: Doug Cahill, Peter Cope, J ohn Rediker, Kit Austin, Kathryn
Middleton
Absent: None
2.Main Agenda
2.1.D R B21-0317 - E V P L LC/MV V Properties LL C
Final review of an exterior alteration (driveway/fence/window/siding)
Address/Legal Description: 4146 & 4150 Columbine Drive/Lot 17, Bighorn
Subidivision
Applicant: E V P L L C and MV V Properties L L C, represented by Wayne
Haskins Construction
Planner: Greg Roy
1. The applicant shall demonstrate with the building permit submittal that
the new windows on the W est unit match the windows on the adjacent
unit.
2. The approval shall not include fencing on either side of the duplex
decks along the property line as it is not approved as a part of this
project.
3. The approved privacy screen to be located between the decks shall be
a maximum of six feet in height, made of wood, and painted to match
the color of the decks.
J ohn Rediker moved to approve with conditions and with the findings that the
application meets Sections 14-10-5 and 14-10-2. Peter Cope seconded the
motion and it passed (5-0).
2.2.D R B21-0384 - W oodings Residence
Final review of an addition
Address/Legal Description: 1694 Matterhorn Circle/Lot 12, Matterhorn
Village Filing 1
Applicant: Samira Woodings, represented by Martin Manley Architects
Planner: Greg Roy
J ohn Rediker moved to approve with the findings that the application meets
November 2, 2021 - Page 45 of 79
Sections 14-10-5 and 14-10-2. Peter Cope seconded the motion and it
passed (5-0).
2.3.D R B21-0426 - Gordon Residence
Final review of a tree removal
Address/Legal Description: 1050 Homestake Circle/Lot 5, Block 1, Vail
Village Filing 8
Applicant: Dana Gordon, represented by Ceres Landcare
Planner: Greg Roy
1. The approval shall not be for the following identified trees: the
cottonwood in the front yard, the larger aspen in the rear, the large
lodgepole by the deck, and lodgepole adjacent to the construction
fence in the rear.
J ohn Rediker moved to approve with conditions and with the findings that the
application meets Section 14-10-8. Peter Cope seconded the motion and it
passed (5-0).
2.4.D R B21-0438 - Austria Haus
Final review of an exterior alteration (reroof)
Address/Legal Description: 242 East Meadow Drive/Tract C, Block 5E, Vail
Village Filing 1
Applicant: Austria Haus, represented by North West Roofing
Planner: Greg Roy
The item was staff approved prior to the meeting.
2.5.D R B21-0440 - O'Meara Residence
Final review of an exterior alteration (driveway)
Address/Legal Description: 1992 Chamonix Lane/Lot 36, Buffehr Creek
Resubdivision
Applicant: Matthias & Melissa O'Meara, represented by Rockies Builders
Planner: Greg Roy
J ohn Rediker moved to table to a date uncertain. Peter Cope seconded the
motion and it passed (5-0).
2.6.D R B21-0451 - Vail Mountain Lodge
Final review of an exterior alteration (planters/posts)
Address/Legal Description: 352 East Meadow Drive/Lot Tract B, Vail Village
Filing 1
Applicant: Vail Mountain Lodge, represented by Studio Lemonade
Planner: Greg Roy
J ohn Rediker moved to table to November 3, 2021. Peter Cope seconded the
motion and it passed (5-0).
2.7.D R B20-0462.002 - Laird Residence
Final review of a change to approved plans (window)
November 2, 2021 - Page 46 of 79
Address/Legal Description: 1967 Circle Drive/Lot 24, Buffehr Creek
Resubdivision
Applicant: Rebecca & Stephen Laird, Pierce Austin Architects
Planner: Greg Roy
J ohn Rediker moved to table to November 3, 2021. Peter Cope seconded the
motion and it passed (4-0).
Abstain:(1)Austin
2.8.D R B21-0233.001 - Town of Vail
Final review of a change to approved plans (landscaping)
Address/Legal Description: 129 North Frontage Road W est/Lot 3, Middle
Creek Subdivision Resub Lot 1
Applicant: Town of Vail, represented by Triumph Development
Planner: Greg Roy
1. The applicant shall change the timber and gravel stairway to be six feet
wide, made of concrete, include handrails as shown at the meeting,
and include some lighting element with the building permit submission.
2. The applicant shall extend the specialty paver material in the rear
gathering area all the way to the curved retaining wall with the building
permit submission.
3. The applicant shall install stamped and colored concrete as the
specialty paving material noted on the plans.
4. The applicant shall add lighting and handrails to the walkway in the
front of the site as shown at the meeting with the building permit
submittal.
5. The applicant shall add the thin-set material along the entire rear
retaining shotcrete wall with the building permit submittal or acceptable
alternative as approved by staff.
J ohn Rediker moved to approve with conditions and with the findings that the
application meets Sections 14-10-5 and 14-10-2. Kathryn Middleton
seconded the motion and it passed (4-1).
Ayes:(4)Rediker, Austin, Cahill, Middleton
Nays:(1)Cope
3.Staff Approvals
3.1.D R B21-0353 - Bird Residence
Final review of an exterior alteration (driveway)
Address/Legal Description: 1771 Alpine Drive/Lot 38, Vail Village West Filing
1
Applicant: Susan Bird, represented by W indfire I nc.
Planner: Greg Roy
3.2.D R B21-0388 - Hart Residences
Final review of an exterior alteration, (driveway & snowmelt)
Address/Legal Description: 740 Sandy Lane A & B/Lot 4, Vail Potato Patch
Filing 2
Applicant: Cynthia Hart Revocable Trust, represented by Shaeffer Hyde
November 2, 2021 - Page 47 of 79
Construction
Planner: Greg Roy
3.3.D R B21-0399 - Hess Residence
Final review of a tree removal
Address/Legal Description: 2005 West Gore Creek Drive B/2005 W est Gore
Creek Drive
Applicant: Murray & Donna Hess, represented by Brush Creek Landscaping
Planner: Greg Roy
3.4.D R B21-0410 - AS P P LL C
Final review of an exterior alteration (deck)
Address/Legal Description: 2905 Aspen Lane/Lot 1, Block 2, Vail Village
Filing 11
Applicant: A S P P LLC, represented by Studio Spinnato
Planner: J amie Leaman-Miller
3.5.D R B21-0411 - Anderson Residence
Final review of a tree removal
Address/Legal Description: 1660 Sandstone Drive/Lot 1 & 2, Block 1, Lion's
Ridge Subdivision Filing 4
Applicant: Todger Anderson, represented by Old Growth Tree Service
Planner: J amie Leaman-Miller
3.6.D R B21-0418 - H To The Fourth Power L LC
Final review of an exterior alteration (windows)
Address/Legal Description: 121 W est Meadow Drive Unit A306/Lot D2, Vail
Village Filing 2
Applicant: H To The Fourth Power LLC, represented by Renewal By
Andersen
Planner: J onathan Spence
3.7.D R B21-0421 - Ferry Trust Residence
Final review of an exterior alteration (deck)
Address/Legal Description: 1007 Eagles Nest Circle Unit B/Lot 1, Block 6,
Vail Village Filing 7
Applicant: Kathleen V. Ferry Trust, represented by A+ Handyman, I nc.
Planner: J onathan Spence
3.8.D R B21-0427 - Rauh Residence
Final review of an exterior alteration (A C/humidifier)
Address/Legal Description: 1824 Glacier Court Unit A/Lot 20, Block 2, Lion's
Ridge Subdivision Filing 3
Applicant: Beth Rauh, represented by R&H Mechanical
Planner: J amie Leaman-Miller
3.9.D R B21-0433 - Vail Heights Condo
Final review of an exterior alteration (reroof)
November 2, 2021 - Page 48 of 79
Address/Legal Description: 2079 Chamonix Lane/Lot 15, Vail Heights Filing
1
Applicant: Vail Heights Condo, represented by Elevated Restoration & Real
Estate Roofing Solutions
Planner: Greg Roy
3.10.D R B21-0435 - Deca + Bol
Final review of a business sign
Address/Legal Description: 141 East Meadow Drive/Lot P & Tract C, Block
5D, Vail Village Filing 1
Applicant: Solaris Commercial Owner L L C, represented by Sign Design
Planner: J amie Leaman-Miller
3.11.D R B21-0437 - 903 Red Sandstone Road L LC
Final review of an exterior alteration (windows)
Address/Legal Description: 903 North Frontage Road W est Unit
2/Sandstone 70
Applicant: 903 Red Sandstone Road L L C, represented by Home Depot US A
Planner: J amie Leaman-Miller
3.12.D R B21-0441 - Mamoun Residence
Final review of an exterior alteration (repaint)
Address/Legal Description: 1462 Aspen Grove Lane/Lot 11, Block 2, Lion's
Ridge Subdivision Filing 4
Applicant: Nadim W. Mamoun, represented by Suman Architects
Planner: J amie Leaman-Miller
3.13.D R B21-0443 - All Seasons Condominiums
Final review of an exterior alteration (gas line installs)
Address/Legal Description: 434 Gore Creek Drive/Lot B, Block 3, Vail
Village Filing 5
Applicant: All Seasons Conodminiums, represented by Pierce Austin
Architects
Planner: Greg Roy
3.14.D R B21-0449 - Kennedy Residence
Final review of an exterior alteration (windows)
Address/Legal Description: 3971 Bighorn Road Unit 7U/Pitkin Creek Park
Phase I I I
Applicant: Russell & Carrie Kennedy, represented by Renewal by Andersen
Planner: J onathan Spence
3.15.D R B21-0450 - Mexamer Manns Ranch LL C
Final review of a construction sign
Address/Legal Description: 2965 Manns Ranch Road/Lot 5, Block 1, Vail
Village Filing 13
Applicant: Mexamer Manns Ranch LLC, represented by Paragon Homes
Planner: J onathan Spence
November 2, 2021 - Page 49 of 79
3.16.D R B21-0452 - O'Hara Residence
Final review of an exterior alteration (patio door)
Address/Legal Description: 980 Vail View Drive Unit 221D/Lot B5, Block B,
Lion's Ridge Subdivision Filing 1
Applicant: J effrey O'Hara, represented by Renewal by Andersen
Planner: J amie Leaman-Miller
3.17.D R B21-0453 - 1730 Buffehr Creek LL C
Final review of a tree removal
Address/Legal Description: 1730 Buffehr Creek Road/Lot 7, Lia Zneimer
Subdivision
Applicant: 1730 Buffehr Creek LLC, represented by Old Growth Tree
Service
Planner: Greg Roy
3.18.D R B21-0454 - Fleeger Family First L P
Final review of an exterior alteration (trampoline pit)
Address/Legal Description: 1183 Cabin Circle/Lot 1, Block 1, Vail Valley
Filing 1
Applicant: Fleeger Family First LP, represented by Hill Construction I nc.
Planner: J onathan Spence
3.19.D R B21-0456 - Christopher Residence
Final review of a tree removal
Address/Legal Description: 2550 Bald Mountain Road/Lot 34, Block 2, Vail
Village Filing 13
Applicant: Rocky & Barbara Christopher, represented by Old Growth Tree
Service
Planner: Greg Roy
3.20.D R B21-0457 - Dealer's Choice LL C
Final review of a tree removal
Address/Legal Description: 805 Potato Patch Drive/Lot 29, Block 1, Vail
Potato Patch Filing 1
Applicant: Dealer's Choice LLC Cerisola, represented by Old Growth Tree
Service
Planner: Greg Roy
3.21.D R B21-0461 - Breaux Residence
Final review of a tree removal
Address/Legal Description: 4014 Bighorn Road/Lot 1, Gore Creek Park
Subdivision
Applicant: Kerry M. Breaux 2012 Trust, represented by Old Growth Tree
Service
Planner: J onathan Spence
3.22.D R B21-0463 - Eagle Pointe Condominiums
Final review of a tree removal
Address/Legal Description: 1500 Matterhorn Circle/Eagle Pointe
November 2, 2021 - Page 50 of 79
Condominiums
Applicant: Eagle Pointe Condominiums, represented by Old Growth Tree
Service
Planner: J onathan Spence
3.23.D R B18-0263.001 - Galvin Residence
Final review of a change to approved plans (parking/balcony/patio stone)
Address/Legal Description: 303 Gore Creek Drive 12/Lot 12, Block 5, Vail
Village Filing 1
Applicant: Michael Galvin, represented by K H W ebb Architects
Planner: J onathan Spence
3.24.D R B19-0514.003 - Galvin Residence
Final review of a change to approved plans (parking/balcony/patio stone)
Address/Legal Description: 309 Gore Creek Drive 11/Lot 11, Block 5, Vail
Village Filing 1
Applicant: Michael P. Galvin, represented by K H Webb Architects
Planner: J onathan Spence
3.25.D R B20-0302.003 - Burnett Residence
Final review of a change to approved plans (railing/chimney/siding)
Address/Legal Description: 1987 Circle Drive/Lot 26, Buffehr Creek
Resubdivision
Applicant: Amy G. Burnett Trust, represented by Nedbo Construction
Planner: J onathan Spence
3.26.D R B20-0577.002 - Baxter/W atson Residences
Final review of a change to approved plans (roof)
Address/Legal Description: 2705 Davos Trail/Lot 14, Block B, Vail Ridge
Subdivision
Applicant: Robbie Baxter & Gibson Watson, represented by V MD A
Planner: J onathan Spence
3.27.D R B20-0580.001 - Boles Trust
Final review of a change to approved plans (hot tub)
Address/Legal Description: 3916 Lupine Drive/Lot 5, Block 2, Bighorn
Subdivision 1st Addition
Applicant: Sandra F. Boles Trust, presented by Suman Architects
Planner: J onathan Spence
3.28.D R B21-0099.001 - Kirwood Residence
Final review of a change to approved plans (door)
Address/Legal Description: 1464 Apen Grove Lane/Lot 9 & 10, Block 2,
Lion's ridge Subdivision Filing 4
Applicant: J effery C. & Brenda B. Kirwood, represented by Berglund
Architects
Planner: J onathan Spence
3.29.D R B21-0246.001 - W AP O Properties L LC
November 2, 2021 - Page 51 of 79
Final review of a change to approved plans (roof)
Address/Legal Description: 895 Red Sandstone Circle B/Lot 2, Vail Village
Filing 9
Applicant: W A P O Properties L L C, represented by Krueger Architecture
Planner: J onathan Spence
3.30.D R B21-0301.001 - F R18 Holdings L LC
Final review of a change to approve plans (tree removal)
Address/Legal Description: 366 Forest Road A/Lot 2, Block 1, Vail Village
Filing
Applicant: FR18 Holdings L L C, K H Webb Architects
Planner: Greg Roy
3.31.D R B21-0313.001 - Nelkin Residence
Final review of a change to approved plans (windows)
Address/Legal Description: 360 East Lionshead Circle Unit 6/Lot 6, Block 1,
Vail Lionshead Filing 2
Applicant: Mindy Nelkin, represented by K H W ebb Architects
Planner: J onathan Spence
3.32.D R B21-0330.001 - Brookwood Investors L P
Final review of a change to approved plans (deck framing)
Address/Legal Description: 5020 Main Gore Place Unit K1/Vail East
Townhomes
Applicant: Brookwood I nvestors L P, represented by Haus Meister Services
L L C
Planner: Greg Roy
The applic ations and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend the project orientation and the site visits that
precede the public hearing in the Town of Vail Town C ounc il Chambers. Times and order of
items are approximate, subject to c hange, and cannot be relied upon to determine at what time
the Design Review Board will c onsider an item. Please call 970-479-2138 for additional
information. Sign language interpretation available upon request with 24-hour notification, dial
711.
November 2, 2021 - Page 52 of 79
P L ANNI NG AND E NV I RO NM E NTAL
C O M M IS S IO N
October 25, 2021, 1:00 P M
Town Council Chambers and Virtual on Zoom
75 S . Frontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_QJ ybkNzgQ2eMGMYxH6F E0g
1.2.Attendance
Present: Ludwig Kurz, Brian Gillette, Henry Pratt, Rollie Kjesbo, Karen
Perez, Reid Phillips, Pete Seibert
Absent: None
2.Main Agenda
2.1.A request for the review of an amendment to a Conditional Use Permit,
pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend
the approved conditional use permit to reflect an increase in student
enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School,
and setting forth details in regard thereto. (P E C20-0026)
20 min.
Applicant:Vail Mountain School
Planner:J onathan Spence
Kurz says Commissioner Pratt will join after the first item on the agenda.
Planning Manager J onathan Spence provides the history of the application
and introduces the applicants.
Dominic Mauriello represents Vail Mountain School (V MS). He references
his memo to the board and asks for a tabling to next summer. He references
various ongoing and future studies. He says it doesn’t make sense to do
engineering on roadway improvements until studies are complete.
Mauriello quickly goes over the items in the memo. The applicants are also
looking at other issues on campus like stacking, and ways to address this.
The one lane exit on the frontage road could be changed. They are also
studying the employee housing property and ingress and egress in that lot.
He is asking for a tabling until all issues can be addressed.
Kurz is disappointed that we’re so late in resolving a problem that has been
there since 2000. Now we’re being asked to kick the can down the road
another six months. He would be more upset if Tom Kassmel didn’t think that
extra time was necessary. He hopes school and staff make sure that we’re
ahead of the game for future reference. Other than that, he is in favor of
granting the timeframe.
November 2, 2021 - Page 53 of 79
Perez is disappointed, she references the timeline from the original
presentation in April. She is discouraged that they had exceeded the limit in
2014 and nothing was done at that time. She is frustrated at the delays; this
is not a new issue and the school is well aware of it. I f this didn’t have to do
with education, she would want to pull the use permit. V MS thinks the
conditions of its permit don’t affect it. I n deference to Tom Kassmel, she
understands the extension, but would not want to extend it longer – it is
unacceptable
Phillips asks when V MS became aware they were non-conforming.
Mauriello does not know the exact date, says there is new management at
the school.
Perez reiterates the 2014 point.
Phillips asks for clarification.
Spence talks about past applications regarding the parking and greenhouse.
Gillette asks when people knew there was an issue with the frontage road?
Spence is not certain.
Mauriello says everyone was not aware it would need a C D OT Access
Permit. The school side did not know it meant millions of dollars. The school
wants to do the right thing and are paying attention to this issue. They are
trying to address these things correctly.
Perez asks what was done in the last 6 months other than forming a
committee?
Mauriello says they have hired a team of consultants and experts, they
talked to van services, are looking at studies, and put together an application
for a school zone permit submitted in August. They are coordinating with the
town for school zone study. They are taking the issue seriously and trying to
do thing immediately and solve long term issues
Phillips asks about what specifically was done in 2014?
Perez says they knew they were over the condition in 2014.
Kurz summarizes the board’s concerns. He says we should go with the
extension but there is a clear message to the process needed.
Kjesbo agrees and says they will have to modify their plans for what C D OT
says anyway. He doesn’t see much choice in the delay.
Kurz references a different use for the existing berm. He feels strongly that
the berm is not sacred.
Mauriello says the berm is in the right of way and they have a permit from
C D OT but he takes the point.
Amended Motion for continuation with a meeting in J uly of 2022.
November 2, 2021 - Page 54 of 79
Board discusses the proper date for the next meeting.
Rollie Kjesbo moved to continue to J uly 2022. Brian Gillette seconded the
motion and it passed (6-0).
Abstain:(1)Pratt
2.2.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-15-3 Definition, Calculation, and Exclusions,
Vail Town Code, to add an exemption to allow vaults for car lift systems to be
excluded from the GRFA calculation and setting forth details in regard
thereto. (P E C21-0046)
The applicant requests this item be tabled to November 8, 2021.
15 min.
Applicant:K H W ebb Architects & Mauriello Planning Group
Planner:Greg Roy
Rollie Kjesbo moved to table to November 8, 2021. Brian Gillette seconded
the motion and it passed (7-0).
2.3.A request for the review of an Exemption Plat, pursuant to Section 13-12-3,
Plat Procedure and Criteria for Review, Vail Town Code, to allow for an
adjustment to the location of the platted building envelope for Lot 14, First
Amendment to Spraddle Creek Estates, located at 1326 Spraddle Creek
Road, and setting forth details in regard thereto. (P E C21-0049)
20 min.
Applicant:S C Mountain Top LLC and TLM Realty Holding LLC,
represented by Davis Urban LLC and English & Assoc.
Planner:Greg Roy
Planner Roy introduces application and goes through presentation. He
introduces the applicants.
Gillette asks about previous discussion regarding building envelopes here.
Roy doesn’t recall that specifically.
Spence talks about the past history of the lot, there have been no changes to
GRFA or site coverage.
Gillette asks if notification to neighbors is required?
Spence says the neighbors approved it during the application process.
Matt Davis is the applicant; he says he is happy to take questions.
Kurz asks for public input.
Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it
passed (7-0).
2.4.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-14-17 Setback From Watercourse and add a
new Section 12-21-17 Riparian Protection and W aterbody Setback
Regulations, Vail Town Code, to change the waterbody setbacks, and setting
forth details in regard thereto. (P E C21-0043)
60 min.
November 2, 2021 - Page 55 of 79
Applicant:Town of Vail, represented by Pete W adden
Planner:Greg Roy
Roy goes through a presentation on the history of the proposal and
addresses some changes and the criteria for review. He introduces the
applicants.
Environmental Director Kristen Bertuglia walks through the history of the
Gore Creek Strategic Plan. She references the identified sources of
impairment of Gore Creek. She talks about the community and stakeholder
input in the process, as well as the actions of the Town of Vail in service to
the Gore Creek plan. W e’re here today for the last recommended strategy
which is regulation. She believes we have arrived at the most appropriate
solution and introduces W adden.
Watershed Education Coordinator Peter W adden goes through a
presentation which addresses the questions the board had from the last
meeting. He talks about the goals from the Gore Creek Strategic Plan. He
talks about the criteria for an effective regulation. He addresses the
effectiveness of setbacks of different widths. He says the centerline setback
is inconsistent and ineffective. He talks about how the town has dealt with
non-conformity in the past with items like wood shake shingles and the W UI
code. He addresses the number of non-conforming properties with the
different setback distances. He talks about the actions’ property owners can
take. He reviews the public outreach accomplished since the last meeting.
He talks about the implications of non-conformity as it relates to the
streambank setbacks. He talks about the definition of the ordinary high-water
mark (OHW M).
Wadden introduces J ason Carey, the Principal River Engineer of River
Restoration.
Carey talks about his past work and how it relates to Vail. He says the
OW HM allows the setbacks to be different in different places. I t is a more
logical approach from a healthy river standpoint. He talks about two major
federal regulations: FE MA national flood insurance (100-year floodplain),
and waters and wetlands defined under the Clean Water Act administer by
the Corps of Engineers. He talks about Vail’s goals, and recommends
following the FE MA model as a good way to empower local communities. He
talks about the F E MA process and how that can be applied at the local level.
The goal is to establish a baseline that can be administered and regulated
locally. Variances to the line can be requested from the floodplain
administrator. He recommends using this model but with two-year elevations.
I t would be modeled after the existing process in Vail with the 100 year.
Gillette asks if the 2-year mapping has been done.
Wadden confirms yes.
Gillette asks how the 2-year line relates to the 100-year floodplain?
Wadden says the 100-year line is further out than the two years. The 2-year
line is based on the two-year average and used to determine the OHW M.
Carey says it is a statistical average of historical runoff. Over 30 years of
data is evaluated to determine the two-year flood line.
November 2, 2021 - Page 56 of 79
Gillette asks if the town is eligible for FE MA flood insurance?
Carey confirms. Wadden says the proposal has no impact on the 100-year
floodplain. I t is the same process, but the elevations are different.
Pratt asks about the letter from Alderman-Bernstein. They are not affected
but they raise an interesting point.
Wadden clarifies – Pratty says never mind.
Gillette asks how are they involved if they’re not affected by the regulation?
Roy clarifies that the notification was sent to all property owners in Vail.
Pratt asks if their threats were hollow?
Wadden says he’s not qualified to comment, but the town attorney is drafting
a response.
Kurz asks if the proposal has been vetted by the town attorney.
Wadden says it has along with the proposed code language.
Kjesbo is generally supportive. He asks when issues arise in the future, will
this be reviewed by staff? He also references a future project as it relates to
stormwater management and impacts.
Wadden talks about how other towns handle stormwater impacts. He says
we’re not proposing any code changes that would dictate that at this point.
Kjesbo says that could be something for future consideration.
Gillette asks about the project Kjesbo referenced. He says Public W orks
usually keeps good track of that.
Kjesbo clarifies the details of the referenced projects. W ith best practices,
some will do it, some wont.
Wadden says it has been discussed internally, it is something to consider in
the future.
Roy says in practice when properties are redeveloped around the creek,
environmental makes comments on best practices.
Phillips says the new proposal puts 26 properties in non-compliance. He
asks if they only realize that status during redevelopment.
Wadden confirms.
Phillips says this doesn’t initiate an immediate hardship on the property.
They are non-compliant only in redevelopment.
Wadden says there are properties that have remained non-compliant for
decades. W hen they rebuild is the only time they must come into
compliance.
November 2, 2021 - Page 57 of 79
Gillette asks about remodeling a deck that’s non-conforming.
Roy says if you start enlarging a deck the conformity would come into play.
Gillette asks about different criteria for theoretical deck expansion.
Roy explains current regulations.
Spence says if a deck is non-conforming, maintenance is the only work that
would not require coming into compliance.
Gillette asks about non-conforming landscaping.
Roy says generally you only have to bring into conformance the area that is
non-conforming if that is in the scope of the project.
Gillette clarifies if a remodel project is big enough, more compliance issues
come into play.
Roy says if you’re removing 50% of the GRFA, that comes into play. He
talks about other benchmarks like building materials with 500 square foot
additions and that there are multiple benchmarks that trigger different
requirements.
Gillette clarifies that the benchmark here is a voluntary remodel, Roy
confirms.
Pratt cites a public letter, proposing that you can trade setback distance for
increased riparian zone.
Wadden says staff has discussed this, and the goal is to create something
that is standard and uniform across town. The current regulations can
confuse people, there is value in having a standard across town. I t would be
difficult to enforce the proposed idea. W e’d run into issues if we were
shrinking the distance between setback and riparian zone.
Roy says the counsel and public would like more time, so they will be asking
for a continuation today.
Kurz asks if there are funds available to help homeowners.
Wadden says homeowners are not required to do anything that would cost
them money. We would ask them to stop mowing within 10’ of the creek. I f
the ordinance is adopted by the P E C and Town Council, he will ask for
funds to that effect.
Kurz asks for public comment.
Gillette asks for feedback from the town attorney of any legal ramifications.
Roy confirms.
Bellm says there are several people online and in the room that would like to
speak.
Kurz says they will allow three minutes each for public comment and not
November 2, 2021 - Page 58 of 79
necessarily engage in back and forth.
Linn Brooks is the General Manager of Eagle River Water & Sanitation
District. She talks about water sampling done in the past. Gore Creek was
significantly impacted, and urbanization was the primary stressor. She talks
about the factors that influence this and how Gore Creek was listed on 303D
list. She brings up the Urban Runoff group and its actions. The river is
getting healthier, and the setback ordinance will allow nature to return the
stream to a healthier state. Several years ago the Town Council set the goal
of getting Gore Creek off the list and this will require the regulations such as
the one here today. For these reasons, E RW S D supports the proposal.
J ohn Rediker asks about the definition of the OHW M. How will future
drought conditions impact this, and is the calculation always a rolling 30
years? Do we need to define 2 year floodline?
Gillette says we’re not answering questions right now but made a note of the
questions.
Mauriello speaks on behalf of the Evergreen Lodge. He is glad to hear that
they’re not asking for a final decision today. He says the proposed language
you have has not been fully vetted by Kendra Carberry and hopes they will
not take action today. He has three main issues. The first is the OHW M line
and where it is located? He doesn’t know if there will be a full dataset to
establish this line throughout town. He references the letter to the board, and
the methodology of how you determine the OHW M. He says we’re in favor
of identifying the OHW M and need to know where that is. He says he is
recommending a 20’ setback, but also wonders what a 22’ setback would
look like. How it would affect non-conforming structures and acreage. He
also brings up the tributaries and says he will submit additional comments in
writing.
Wendall Porterfield speaks for homeowners in the 11th filing. He has some
confusion about how the 2-year floodline is determined and asks for
clarification. He also asks about the code language, whether “shall” means
has to be. He also asks if projects like deck enlargements can go into the
riparian zone? He references the streambank protection ordinance, and
whether this would apply to town property equally? He asks if the golf course
would be impacted, as they might be one of the primary causes here.
Devin Duvall is the District W ildlife Manager for Colorado Parks and
W ildlife. He expresses support for the ordinance. He says recent events
underscores the need for this type of regulation. He asks the board to look
at written comments from his agency. He says riparian zones occupy a
small amount of land yet have a disproportionate impact. Most wildlife
depends on them, they serve as wildlife corridors and they remove
pollutants. Gore Creek is a Gold Medal Fishery, and anglers contribute to
Eagle County economy. He reiterates his support for the proposed
ordinance.
Rodney Linafelter says he is strongly in support of the proposal. As a
recreational user of the creek, he has noticed a large amount of non-native
sand that is appearing. He used to live on Booth Creek, at one point he was
informed he was non-compliant with a structure and landscaping and worked
with staff to address this. He references another case he heard where the
developers of properties were awarded utilities in exchange for easements.
November 2, 2021 - Page 59 of 79
His final question is whether we are addressing Gore Creek or the
tributaries as well?
Siri Roman is Director of Operations for E RW S D and a resident of Vail.
Her children are often in the creek and it means a lot to their family. W hile
the ordinance is a takeaway for some, she asks the board to consider the
community impacts of a healthier creek. I t will take tough decisions like this
to preserve Gore Creek and its tributaries. She says this will be important
with increased flooding from climate change and talks about some of the
effects of the Mill Creek incident.
Carrie Bernstein is an attorney from Alderman Bernstein. She submitted a
letter on behalf of her clients; the Delpontes at 3070 Booth Creek Drive. She
says the Town of Vail is condemning the portion of his property that is on
Gore Creek. I f the case proceeds there is some truth that the client and
others will not have creekside property. This buffer will go right up to his
building and patio. The impact to private property rights is missing from the
discussion today. She says the 10’ zone is a regulatory taking and a
significant impact to property rights. She says the Town of Vail should pay
compensation for this.
J ames Dilzell speaks from Eagle River Watershed Council. The council
supports the proposal, and he talks about the importance of the riparian
area. He says stormwater runoff is an increasing threat to the river. Property
owners often find increased value once the areas are established, this will
lessen the degradation of environmental zones. He thinks this is a critical
next step.
Kurz asks if Wadden would like to comment on questions.
Wadden says he will have more detailed data available on the OHW M
moving forward. W e are not condemning properties, that is a town-owned
parcel. There is no debate about the Delponte property extending to the
stream.
Pratt asks if he is more than 25’ from the river he is not affected.
Wadden says that is correct. The property has not been specifically
surveyed but Town maps indicate that the proposed setback lines do not
extend as far as Mr. Delponte’s property line.
Pratt says he is a homeowner on the creek. He is in favor of the goals but
says anything less than 30’ is not as effective so it may be arbitrary numbers
at that point. He says he is not a lawyer but thinks creating new non-
conforming properties could be considered a taking. He asks staff to
consider a system that trades expanded riparian buffer to shrink the building
setback.
Siebert had these concerns last time regarding takings. But he considered if
we don’t do anything, the taking that occurs is that the stream is degraded
down the road. There is a benefit the property owners are getting, that
should also be considered.
Gillette brings up the comment about sand in the river.
Wadden says this has been identified by staff. Staff has worked with C D OT
November 2, 2021 - Page 60 of 79
to address this, he references the East Vail Exchange, and West Vail Pass
Expansion. Black Gore Creek has a healthy bug population with higher sand
levels, while Gore Creek has bug populations that do not meet state
standards. There are things going on in Vail that impact the creek beyond
the traction sand. He says we have to consider the tradeoffs being in a
semi-urban environment.
Gillette references the comments about the OHW M. Are they moving or
fixed metrics?
Wadden says they can be updated on a regular timescale, and there is an
opportunity for residents to appeal the line. He says increased technology
like lidar can help measure this, and streams are dynamic systems.
Gillette says we could have more or fewer non-conforming structures in the
future.
Wadden says if we restore riparian habitat, it’s less likely people will lose
land to erosion. W e can’t predict accurately right now if there would be more
or less non-conforming properties in the future, streams are always
changing.
Gillette references a property where 50 feet washed out.
Wadden says they haven’t established a timescale for readdressing these
numbers.
Roy says we don’t have them for the GS A hazards, it could be included in
the proposal.
Wadden talks about F E MA floodline. Properties that have lost streambank
have been permitted to reestablish property they have. Having a line now will
establish a baseline of where we are now.
Gillette asks if the ordinance discusses reclaiming property.
Perez says the ordinance is well intentioned, but there is a lot more that
needs to be done to provide clarity. Changing from the centerline method to
OHW M we are making things less certain for the community and property
owners. There is uncertain language regarding the OHW M. She has
concerns about the legal ramifications of this. She asks why we are going
from the centerline to the OHW M. She is not sure if it is worth the
uncertainty we are potentially creating.
Gillette asks why we’re switching to the 2-year floodline?
Wadden says equity and uniformity around town are the primary
motivations. I t creates a more uniform setback rather than the inconsistency
of the centerline.
Gillette asks about the two methods and if the centerline moves?
Wadden says it does change. The OHW M is sensitive to bank changes and
erosion.
Perez asks if the OHW M changes every two years?
November 2, 2021 - Page 61 of 79
Wadden says it doesn’t change every two years. The 30-year dataset
determines the average of the highest waterline in a two-year period. W e
could set a timeline to change these numbers as appropriate.
Gillette asks when going from the centerline to 2-year high water mark is it
harder to determine. I t seems they are equally difficult to determine.
Wadden says it is easier to determine the high-water mark. The dataset will
be made available soon.
Gillette says that dataset should be produced where the public can react to it
before the final meeting.
Phillips says the centerline of the river has changed significantly. From a
consistency standpoint, the OHW M moves less than the centerline.
Gillette asks if redevelopment uses off a map that exists.
Phillips asks how old is the current map?
Wadden is not sure, it could be around 2002.
Kjesbo asks about the 2-year high water mark calculation.
Wadden clarifies.
Gillette asks for further clarification on the calculation.
Carey says it is a statistical analysis of flows that happen every year.
Kjesbo would like clarification for the board and for the public as well.
Carey says the 2-year floodline is analogous to the 100-year floodline.
Perez is confused about the calculation like the other board members.
She doesn’t understand the 2-year floodline methodology and would like
further clarification.
Gillette says it is important how often the map is updated.
Perez asks if that is true of the centerline and when it was updated.
Wadden confirms, says it was last updated a couple decades ago. People
could hire a wetlands specialist as part of an appeal of the elevation-based
baseline.
Perez asks how much this would cost?
Wadden says the cost of a surveyor ’s time.
Perez says it is shifting the burden to a homeowner.
Gillette asks if you can appeal the 100-year marks today?
Carey says you can through an involved process. I n order to regulate, Vail
needs a baseline to regulate against, which is what this system does.
November 2, 2021 - Page 62 of 79
Gillette asks if you can appeal the setbacks of the centerline right now?
Wadden thinks you can have them surveyed
Pratt says it is similar to the hazard’s maps, an engineer or surveyor can
look at the site.
Phillips says we all support this effort, but we want to establish standards that
are discernable to the public. He says an updated centerline map would
help. I t’s important to get a little more data, otherwise we’re spinning our
wheels. He says we need to clarify some things for property owners and the
town.
Gillette asks if the centerline was resurveyed?
Wadden says it was not as part of that process, and that he will provide the
OHW M dataset. He thanks for board for feedback as the process is making
a for a better ordinance.
Phillips says the group needs to do due diligence on this.
Pratt says he had to survey when he his property went right next to a
setback line.
Mauriello says the streambank setbacks are happening in real time because
the surveyors do it as part of an application. I t has always been incumbent
upon property owners to provide that data in real time. There is no regular
updating of hazard maps. The only updates he is aware of is when the
applicant comes in to apply for such.
Gillette asks if the OHW M can be identified visually, why is it a confusing
metric?
Mauriello says he’s been advocating for surveyors doing it by visual
inspection. He wants to allow both methodologies, and the least restrictive on
the property owner should be the one that is used.
Phillips is not sure that’s a great tradeoff. He says we’re also trying to
protect the environmental health of the river.
Mauriello suggests increasing the no-mow zone. He says to think about what
non-conforming status has done to the entirety of West Vail. People don’t
want to redevelop and lose what they have.
Gillette asks for W adden’s response.
Wadden says the maps do not have regulatory sway. Both methods need to
be surveyed on the ground. The elevations establish a baseline that make it
easier for surveyors. The method Mauriello referred to is ecologically based.
Staff believes the elevation method is more effective as a regulation because
it is not open to debate. There is still an opportunity for subjectivity in the
visual method. An elevations-based baseline leaves less open for debate.
Gillette asks how hard is the appeals process?
Wadden says it would go to the Town Council like the hazard maps.
November 2, 2021 - Page 63 of 79
Gillette asks if the appeals can come to the P E C?
Roy says the proposed language mimics the appeals process for the hazard
maps.
Gillette says it should be as simple as delineating your wetlands.
Spence says the difference is who has adopted the maps.
I f we don’t have an adopted map, we would have a different process.
Gillette says he is trying to get the right process.
Roy says we would need something that is adopted by Town Council.
Wadden says the town would have to pay to have wetlands delineations
done. I t is much less labor intensive to adopt lidar.
Gillette says we don’t have to do it like the hazard maps. Let’s establish a
baseline, and if not, they can hire a professional.
Gillette says appealing to the town council is not an easy process.
Phillips says it should not be easy, it should be an elevated process.
Ultimately it falls on council; they adopt the maps we are passing this on for
recommendation.
Gillette says you are getting a better product if you get eyes on the ground.
Phillips asks are we not doing that already?
Wadden says what they’ve done is based on stream cross-sections with
interpolated data in between.
Perez says we don’t have language to allow people to appeal?
Wadden says they do, Roy says it is in Subsection E of the proposal.
Kurz wants to bring the debate to a close. The robust discussion shows that
the protection of Gore Creek and tributaries is a major issue we need to
address. I t will not be a perfect solution for everybody, but it’s important to
continue moving forward. He wants time to allow staff to address these
concerns.
Rollie Kjesbo moved to recommend approval. Reid Phillips seconded the
motion and it passed (7-0).
2.5.A request for review of a Minor Subdivision, pursuant to Section 13-4,
Minor Subdivisions, Vail Town Code, to adjust property lines in the vicinity of
Lots 14 and 15, Block 1, Vail Village Filing 6, and setting forth details in
regard thereto. (P E C21-0050)
The applicant has requested this item be tabled November 22, 2021.
2 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded
November 2, 2021 - Page 64 of 79
the motion and it passed (7-0).
2.6.A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village
Filing (826 Forest Road) from Two-Family Primary/Secondary Residential
(P S) to Outdoor Recreation (OR) and to zone a portion of the Forest Road
ROW to Two-Family Primary/Secondary Residential (P S) and setting forth
details in regard thereto. (P E C21-0051)
The applicant has requested this item be tabled November 22, 2021.
2 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded
the motion and it passed (7-0).
2.7.A request for the review of a Variance from Section 12-21-12, Restrictions
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail
Village Filing No. 6 and setting forth details in regard thereto. (P E C21-
0045)
The applicant has requested this item be tabled November 22, 2021.
2 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded
the motion and it passed (7-0).
2.8.A request for the review of a Variance from Section 12-21-12, Restrictions
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 826 Forest Road/Lot 15, Block 1, Vail Village Filing 6
and setting forth details in regard thereto. (P E C21-0048)
The applicant has requested this item be tabled November 22, 2021.
2 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
Rollie Kjesbo moved to table to November 22, 2021. Brian Gillette seconded
the motion and it passed (7-0).
3.Approval of Minutes
3.1.October 11, 2021 P E C Results
November 2, 2021 - Page 65 of 79
Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it
passed (7-0).
4.Adjournment
Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it
passed (7-0).
The applications and information about the proposals are available for public inspec tion during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the
Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
November 2, 2021 - Page 66 of 79
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: October Revenue Update
AT TAC H ME N TS:
Description
October Revenue Update
November 2, 2021 - Page 67 of 79
TOWN OF VAIL
REVENUE UPDATE
November 2, 2021
Sales Tax
Upon receipt of all sales tax returns, September collections are estimated to be
$2,303,072 up 30.3% from last year and flat compared to amended budget
(adjusted in tonight’s 3rd budget supplemental). September collections were the
highest total September collections on record and exceeded 2019 collections by
43.9% and 2018 collections by 49.5%. Year to date collections of $25,034,833 are
up 35.0% from 2020 and up 10.8% from 2019. Compared to amended budget,
year to date collections are up 0.8%. Inflation as measured by the consumer price
index was up 5.4% for September. The annual amended budget totals $31.4
million.
Real Estate Transfer Tax (RETT)
RETT collections through October 26 total $9,854,432 up 24.1% from this time last
year and up 85.1% from this time in 2019. The 2021 amended RETT budget totals
$10,500,000.
Construction Use Tax
Use Tax collections through October 26 total $3,399,546 compared to $1,897,133
from this time last year. The 2021 amended budget totals $3,450,000. Construction
use tax is higher due to several large residential projects and construction of the
new Marriott Residence Inn.
Summary
Across all funds, year-to-date total revenue of $66.8 million is up 1.1% from
amended budget and 30.6% from prior year. In comparing to the town’s last
“normal” fiscal year, 2021 revenue is also up 24.4% from 2019. Reasons for the
increase include grant funding as well as growth in real estate transfer tax,
property tax collections, sales tax, daily parking sales during January through
April, and construction activities.
1
November 2, 2021 - Page 68 of 79
2021Budget % change % change % change 20162017201820192020Amended BudgetVariance from 2020 from 2019 from BudgetJanuary 3,738,824$ 3,725,212$ 3,597,610$ 4,079,994$ 4,076,145$ 3,400,000 3,415,867$ 15,867$ -16.20% -16.28% 0.47%February 3,746,055 3,692,592 3,818,356 4,137,087 4,285,633 3,680,000 3,685,577 5,577$ -14.00% -10.91% 0.15%March 4,225,921 3,642,407 4,167,880 4,237,933 2,243,518 4,370,000 4,358,410 (11,590) 94.27% 2.84% -0.27%April 1,089,749 1,386,780 1,233,474 1,445,071 427,518 1,650,000 1,745,62395,623 308.32% 20.80% 5.80%May654,462 659,475 830,193 763,756 503,828 965,000 1,052,87987,879 108.98% 37.86% 9.11%June1,318,092 1,389,982 1,648,443 1,606,748 1,023,517 2,140,000 2,143,0333,033 109.38% 33.38% 0.14%July2,053,773 2,215,649 2,412,425 2,480,292 2,084,644 3,480,000 3,481,7301,730 67.02% 40.38% 0.05%August1,849,815 1,863,949 2,195,175 2,237,050 2,138,838 2,850,000 2,848,642(1,358) 33.19% 27.34% -0.05%September 1,349,929 1,385,462 1,540,490 1,600,100 1,767,393 2,300,000 2,303,0723,072 30.31% 43.93% 0.13%YTD Total20,026,620$ 19,961,508$ 21,444,046$ 22,588,030$ 18,551,034$ 24,835,000$ 25,034,833$ 199,833$ 34.95% 10.83% 0.80%October906,385 936,954 1,106,596 1,165,176 1,371,727 1,270,000 November989,320 997,716 1,264,600 1,260,314 1,425,461 1,345,000 December 3,840,919 3,695,305 4,070,870 4,237,178 3,625,189 3,940,000 Total25,763,244$ 25,591,483$ 27,886,112$ 29,250,698$ 24,973,411$ 31,390,000$ 25,034,833$ Actual CollectionsCollected Sales TaxNovember 2, 2021Town of Vail Revenue UpdateSALES TAX2021 Budget Comparison2November 2, 2021 - Page 69 of 79
Through September 30
September Sales Tax Collections by Year
Through September 30
Town of Vail Revenue Update
November 2, 2021
YTD Sales Tax Collections by Year
$19,961,508
$21,444,046
$22,588,030
$18,551,034
$25,034,833
$0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000
2017
2018
2019
2020
2021
• YTD collections of $25.0M are up 35.0% from prior year and up 0.8% from amended budget.
YTD collections are up 10.8% from this time in 2019.
• Inflation as measured by the consumer price index was up 5.4% in September.
• The 2021 amended sales tax budget totals $31.4M.
$1,385,462
$1,540,490
$1,600,100
$1,767,393
$2,303,072
$0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000
2017
2018
2019
2020
2021
• September collections of $2.3M are up 30.3% from prior year and up 0.1% from amended
budget. September collections are up 43.9% from 2019.
• Collections for the month set the record for the single highest September collections.
3
November 2, 2021 - Page 70 of 79
Construction Use Tax by Year
YTD Through October
YTD Through October
Town of Vail Revenue Update
November 2, 2021
Real Estate Transfer Tax by Year
$1,664,202
$3,843,931
$2,378,984
$1,897,133
$3,399,546
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
2017 2018 2019 2020 2021
• This chart shows YTD collections of 1% RETT, segmented by individual home sale value.
• 2021 RETT collections through October 26 total $9,854,432 up 24.1% from the prior year.
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
2017 2018 2019 2020 2021
Sales Less Than $2.5 Million Sales $2.5 to $5.0 Million Sales $5 to $10 Million Sales Over $10 Million
$5,225,139
$6,009,001
$5,323,469
$7,942,576
$9,854,432
• Use Tax collections through October 26 total $3,399,546 compared to $1,897,133 from this time
last year. This is an increase of 79.2%
4
November 2, 2021 - Page 71 of 79
Vail Business Review
August 2021
November 2, 2021
The Vail Business Review breaks down the four percent sales tax collected for the
month of August.
Overall, August sales tax increased 33.2% with retail increasing 7.7%, lodging
increased 76.9%, food and beverage increased 36.3%, and utilities/other increased by
24.5%. Excluding the out of town category; sales tax for the month of August was up
27.8%.
Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are
available on the internet at www.vailgov.com. You can subscribe to have the Vail
Business Review and the sales tax worksheet e-mailed to you automatically from
www.vailgov.com.
Please remember when reading the Vail Business Review that it is produced from sales
tax collections, as opposed to actual gross sales.
If you have any questions or comments, please feel free to call me at (970) 479-2125 or
Carlie Smith at (970) 479-2119.
Sincerely,
Alex Jakubiec
Town of Vail
Revenue Manager
5
November 2, 2021 - Page 72 of 79
Town of Vail Business Review
August Tax Collections By Year
August 2021 Sales Tax
August 2020August 2021
Sales Tax Collections by Business Type
Retail
$1,021,440 Lodging
$951,609
Food &
Beverage
$732,299
Utilities &
Other
$143,180
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
7.7%36.3%
24.5%
RLFU
-$8,000,000
$12,000,000
$1,866,129
$2,197,957
$2,247,610
$2,138,642
$2,848,528
$0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000
2017
2018
2019
2020
2021
76.9%
• This report represents collections of Town of Vail 4% sales tax, as opposed to actual gross sales
•Overall, 2021 August sales tax collections were up 33.2% from the prior year and up 26.7% from
2019.
• August 2021 retail sales increased 7.7%, lodging increased 76.9%, food and beverage increased
36.3% and utilities and other increased 24.5%.
Retail
$948,460
Lodging
$537,840
Food &
Beverage
$537,379
Utilities &
Other
$114,964
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
6
November 2, 2021 - Page 73 of 79
Town of Vail Business Review
August 2021 Sales Tax
August 2020August 2021
Geographic Area Trends by Year
August Sales Tax
Sales Tax by Location
Other
Areas
16%
Lionshead
13%
Out of
Town
24%
Vail Village
47%
Other
Areas
16%
Lionshead
14%
Out of
Town
21%
Vail Village
49%
• Vail Village sales tax increased 27.5%, Lionshead increased 24.1%, Other Areas increased
32.0%, and Out of Town increased 53.2%. Excluding Out of Town collections, all areas were up
27.8%.
•Effective October 1st, 2020, the town of Vail enacted new regulations which shifted collections of
some sales tax from local vendors to their marketplace facilitators who file under the out-of-town
category.
$258,077 $369,953 $413,577 $342,683
$452,275
$367,100
$398,282 $415,167
$300,388
$372,782
$245,662 $316,541 $338,152
$453,836
$695,120
$995,290
$1,113,181 $1,080,714 $1,041,735
$1,328,352
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
2017 2018 2019 2020 2021Other Areas Lionshead Out of Town Vail Village
• This chart shows August sales tax collections, by geographic area over time.
7
November 2, 2021 - Page 74 of 79
Retail Business Sales Tax Detail
August 2021 Sales Tax
Town of Vail Business Review
August Sales Tax
Accommodation Services Sales Tax by Year
Apparel
$218,499
Grocery
$203,100
Gallery
$9,334
Gifts
$7,982
Jewelry
$53,631
Retail Liquor
$52,044
Retail Other
$286,901
Sporting Goods
$130,261
Online Retailers
$59,410
Retail Home
Occupation
$277
• Overall, August 2021 accommodations services were up 76.9%, short-term rentals were up 121.2% and
hotels and lodges were up 63.0%.
$549,037
$115,502
$409,437
$128,403
$667,549
$284,061
$0 $250,000 $500,000 $750,000
Hotel and Lodges
Short-Term Rentals 2021 2020 2019
8
November 2, 2021 - Page 75 of 79
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: Employee Parking Update
AT TAC H ME N TS:
Description
Staff Memo
November 2, 2021 - Page 76 of 79
1
TO: Vail Town Council
FROM: Greg Hall, Director of Public Works and Transportation
DATE: November 2, 2021
SUBJECT: Council Request of October 19, 2021 regarding Employee Parking
I. PURPOSE
The purpose of this memo is to:
Report back to the Town Council request regarding a possible reserved free parking
area for employees.in West Vail.
II. BACKGROUND
The Town Council adopted the Parking & Transportation Task Force recommendations of
the 2021-2022 winter season on September 21, 2021. Based on Town Council approval,
Town staff prepared all the messaging regarding the winter program prior to parking pass
sales which began October 18, 2021. At the October 19, 2021 meeting Town Council
requested staff to investigate if some of the free parking in West Vail could be reserved for
employees working in the Town of Vail.
The free parking located on the eastbound shoulder across from the West Vail Commercial
area and the free parking located west of the West Vail Roundabout to Arosa Drive is
leased from the Colorado Department of Transportation. The terms of the lease require the
parking be available to the general public. Reserving the spaces for a specific group such
as “for employees only” would be in violation of the lease.
The Town staff reviewed the usage patterns of all the free parking in West Vail over the
last three seasons. The daily parking counts compared to the published capacity numbers
were never exceeded. There were in all seasons a handful of days where the parking
numbers were within less than 10 cars of the capacity, and there were also days where the
stated capacity was exceeded. In most of these instances, Frontage Road parking was
also in effect.
Free parking is available nearly all days in the West Vail area, an employee’s first location
choice location may not be available, however it is likely parking is available in a
secondary West Vail parking location. Those days, when parking is maxed out, the
overflow parking on the South Frontage Road typically is in use the later part of the
morning for employees arriving later in the day.
November 2, 2021 - Page 77 of 79
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: Executive Session, pursuant to 1) C.R.S. §24-6-402(4)(f) - to discuss personnel
matters, regarding the Town Manager’s annual review.
P RE S E NT E R(S ): Matt Mire, Town Attorney
November 2, 2021 - Page 78 of 79
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: Recess 5:35 pm (estimate)
November 2, 2021 - Page 79 of 79