HomeMy WebLinkAbout2021-12-07 Agenda and Supporting Documentatoon Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 P M, December 7, 2021
Meeting to be held in C ouncil Chambers and Virtually on
Zoom (access H igh Five Access Media livestream day of the
meeting)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
2.Any action as a result of executive session
3.Proclamations
3.1.Proclamation No. 10, Series of 2021, A Proclamation Declaring December
10, 2021 as "W hoVail Day"
10 min.
Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort
and Residences Vail; Scott Gubrud, Director of Sales and Marketing; and
J onathan Reap, Director of Public Relations and Communications Four
Seasons Resort and Residences Vail; and the Grinch
4.Appointments for Boards and Commissions
4.1.Re- Appoint three members to the Commission on Special Events (C S E). 5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to re- appoint three people to the
C S E.
5.Consent Agenda (5 min.)
5.1.November 2, 2021 Town Council Meeting Minutes
5.2.November 16, 2021 Town Council Meeting Minutes
5.3.Resolution No. 53, Series 2021, A Resolution Approving a Water Serivce
Agreement Between the Town of Vail and the Eagle River Water and
Sanitation District (the "E RW S D")
December 7, 2021 - Page 1 of 94
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 53, Series of 2021
Background: This I GA is necessary for the Residences of Main Vail
development.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 53, Series of 2021
6.Town Manager Report (10 min.)
6.1.Public Health Updates
7.Action Items
7.1.Municipal J udge Appointment 5 min.
Action Requested of Council: Motion to appoint Buck Allen as Municipal
J udge for Town of Vail.
Background: Section 7.2 of Town Charter sets forth requirements for
appointing municipal judge every two years.
7.2.Booth Lake Trailhead Restroom Facility 10 min
Presenter(s): Gregg Barrie
Action Requested of Council: Review the information provided the
memorandum and authorize the Town Manager to enter into a contract with
Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a
restroom facility for the Booth Lake Trailhead.
Background: The Booth Lake Trail is the most heavily used trail in the Vail
area. More than 35,000 hikers accessed the trail during 2021. A
permanent restroom connected to public water and sewer would improve
cleanliness and guest experience. See the staff memorandum for details. A
10% deposit will be paid to initiate design work on the order. Council will
have the option to pause or cancel the contract prior to actual construction
of the restroom if desired, paying only design costs incurred to that point.
Staff Recommendation: Authorize the Town Manager to enter into a contract
with Green Flush Restrooms in an amount not to exceed $166,000 to
fabricate a restroom facility for the Booth Lake Trailhead.
7.3.Ordinance No. 24, Series of 2021, First Reading Amending Chapter 4 of
Title 1 of the Vail Town Code to Provide for an Administrative Penalty for the
Late Filing of Employee Housing Unit Annual Verification Affidavits
20 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 24, Series of 2021, on first reading.
Background: Please refer to the staff memorandum and proposed
ordinance for additional details
Staff Recommendation: Approve Ordinance No. 24, Series of 2021 on first
reading.
7.4.Ordinance No. 25, Series 2021, First Reading Amending Title 12, Zoning
Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to
Amend Section 12-15-3: Definition, Calculation, and Exclusions, Vail Town
Code, to all for Underground Car Lifts to be Added and Exempted from
GRFA Calculations
25 min.
Presenter(s): Greg Roy, Planner
Action Requested of Council: Approve, approve with modifications, or deny
December 7, 2021 - Page 2 of 94
Ordinance No. 25, Series of 2021, upon first reading.
Background:
I n summary, GRFA is meant to control the bulk and mass of a building as
viewed from the exterior of the property. The nature of underground car lifts
means that they would not add to the bulk and mass of the building as
viewed from the exterior and should be exempted from the GRFA
calculations.
The Planning and Environmental Commission held a public hearing on the
proposed prescribed regulation amendment on November 8, 2021 where a
recommendation for approval was forwarded to the Vail Town Council by a
vote of 6-0-1 (Gillette abstained).
Staff Recommendation: Approve, approve with modifications, or deny
Ordinance No. 25, Series of 2021, upon first reading.
7.5.Ordinance No. 26, Series 2021, an Ordinance Amending Title 4, Chapter 3
of the Vail Town Code to Codify the I mposition of a Voter-Approved
I ncrease in the Town's Existing Sales Tax, Effective J anuary 1, 2022
5 min.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve, or approve with amendments the
first reading of Ordinance 26, Series 2021.
Background: Town of Vail voters approved a 0.5% increase in sales tax on
all items, excluding food for home consumption, effective J an 1, 2022, and
sunsetting on December 31, 2052. The increase in sales tax is dedicated to
funding housing initiatives, housing developments, and housing programs.
The purpose of Ordinance No. 26, Series 2021 is to amend Title 4, Chapter
3 to codify the new tax rate and exemption.
Staff Recommendation: Approve, or approve with amendments the first
reading of Ordinance 26, Series 2021.
8.Public Hearings
8.1.Ordinance No. 23, Series 2021, Second reading, an Ordinance Providing
for the Levy Assessment and Collection of the Town Property Taxes Due for
the 2021 Year and Payable in the 2022 Fiscal Year
5 min.
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve or approve with amendments
Ordinance No. 23, Series 2021.
Background: The town is required by Colorado state law to certify the mill
levy by December 15th of each year.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 23, Series 2021.
9.Adjournment
9.1.Adjournment 7:50 pm (estimate)
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
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P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
December 7, 2021 - Page 3 of 94
48 hour notification dial 711.
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Proclamation No. 10, S eries of 2021, A P roclamation Declaring December 10,
2021 as "W hoVail Day"
P RE S E NT E R(S ): Meredith Macfarlane, General Manager Four Seasons Resort and
Residences Vail; S cott Gubrud, Director of Sales and Marketing; and J onathan Reap, Director of
P ublic Relations and Communications Four Seasons Resort and Residences Vail; and the Grinch
AT TAC H ME N TS:
Description
Proclamation No. 10, Series of 2021
December 7, 2021 - Page 5 of 94
Proclamation No. 10, Series of 2021
A Proclamation Declaring December 10, 2021, as “WhoVail Day”!
WHEREAS, this holiday season, we will celebrate the 7th anniversary of our tradition to
the twist of the story, “How the Grinch Stole Christmas,” in that this season is not
Whoville, it’s WhoVail!
WHEREAS, Four Seasons Resort and Residences Vail will unveil a Dr. Seuss’
Whoville-inspired gingerbread house façade, as part of its holiday offerings for children
and their families. The giant gingerbread house façade combined efforts from their staff
and children from the community;
WHEREAS, the gingerbread house façade was created and built by the talented
carpenters and the Engineering team of Four Seasons Vail;
WHEREAS, the gingerbread house façade will be made by the Resort’s Pastry chef,
Braeden Gilbert, and decorated by the pastry team of Four Seasons Resort and
Residences Vail with a guest appearance from The Grinch and Fizzy Bruno starring as
the Grinch’s dog Max;
WHEREAS, local musician Trevor Michael will perform holiday carols for all to enjoy as
part of the celebration;
WHEREAS, the giant gingerbread house façade will be unveiled on Friday, December
10th, 2021 at 4pm, at the Four Seasons Resort and Residences Vail located at One Vail
Road, symbolizing the beginning of the holiday season and providing an opportunity for
all the community to come and enjoy;
NOW, THEREFORE, BE IT PROCLAIMED by Mayor Dave Chapin and the Town
Council of the Town of Vail, Colorado, that Friday, December 10, will be recognized as
“WHOVAIL Day” to be celebrated by all who in live and visit our community, Vail,
Colorado.
Dated this 7th day of December 2021.
Vail Town Council Attest:
__________________________
Dave Chapin, Mayor Tammy Nagel, Town Clerk
December 7, 2021 - Page 6 of 94
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: Re- Appoint three members to the Commission on S pecial Events (C S E ).
P RE S E NT E R(S ): K im L angmaid, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to re- appoint three people to the C S E .
December 7, 2021 - Page 7 of 94
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: November 2, 2021 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
Meeting Minutes
December 7, 2021 - Page 8 of 94
Town Council Meeting Minutes of November 2, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 2, 2021
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Deputy Town Clerk
1. Citizen Participation
Steve Lindstrom, Vail Local Housing Authority Chair, acknowledged both Chapin and Bruno for
being “real friends to the housing effort” during their eight years on council. Lindstrom stated
that the Town of Vail were leaders in showing other municipalities how to think differently about
housing.
Rick Sackbauer, Vail Resident, expressed frustration of the lack of activities for Vail’s aging
population. Additionally, he expressed concerns regarding sidewalks that need to have the heat
turned on with the weather changing and slowing down the traffic on Vail Valley Drive. Robson
thanked Sackbauer for the reminder about Vail Valley Drive and stated that there will be a
reminder to the transit department regarding the bus speed in that area.
Douglas Smith, a Vail resident, thanked Chapin for his time, his service and his transparency.
Alexis Post, a Vail resident, expressed her frustration to council regarding mail delivery within
the Town of Vail. Post also stated that she had ideas for additional sustainability programs and
would like to go over them with council at a later date.
Anne Marie Mueller, Vail Resident, asked council to make sure that Vail’s leadership continues
to maintain the “alpine feeling” inspired by Vail’s founders.
2. Any action as a result of executive session
There was none.
3. Recognitions
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Town Council Meeting Minutes of November 2, 2021 Page 2
3.1. Recognition of Ellen Miller, for Trailhead Host Role
Presenter(s): Dave Chapin, Mayor
Ellen Miller was named the Vail Valley Mountain Trail's Association's volunteer of the year, the
first ever awarded, and also serves as one of the Town of Vail's Trail Host since the program’s
inception in 2019.
Chapin congratulated Miller on her Vail Valley Mountain Trail’s Association’s volunteer of the
year award. Chapin went on to say that Miller was a great role model that epitomized the
mountain lifestyle.
Mason was excited to recognize Miller for the VVMTA Award. Miller had been an ambassador
for the outdoor world and the wildlife that lives there for the last 20 years. Mason shared that
Vail was a better place because Miller.
Miller stated she was honored to have the opportunity to be involved in the Vail community and
to be a steward to the natural resources the community had here. Miller also thanked Suzanne
Silverthorn, Amanda Zinn, and Mark Christie for doing a great job with the Vail Trail Host
Volunteer Program.
4. Consent Agenda
4.1. October 5, 2021 Town Council Meeting Minutes
Foley made a motion to approve October 5, 2021 Town Council Meeting Minutes; Coggin
seconded the motion passed (7-0).
4.2. October 19, 2021 Town Council Meeting Minutes
Coggin made a motion to approved October 19, 2021 Town Council Meeting Minutes; Stockmar
seconded the motion passed (7-0).
4.3. Event Funding Agreement with the Vail Valley Foundation for Magic of Lights Vail
Action Requested of Council: Review memorandum and award funding to Vail Valley
Foundation of Magic of Lights Vail.
Background: The attached memorandum summarizes the event funding agreement for Magic of
Lights Vail and to request that Council authorize the Town Manager to enter into this funding
agreement.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with the Vail
Valley Foundation for Magic of Lights for $50,000.
Bruno made a motion to approve Event Funding Agreement with the Vail Valley Foundation for
Magic of Lights Vail; Coggin seconded motion passed (7-0).
4.4. Event Funding Agreement with Imprint Events Colorado Resorts LLC for Vail
Snow Days
December 7, 2021 - Page 10 of 94
Town Council Meeting Minutes of November 2, 2021 Page 3
Action Requested of Council: Review memo and award funding to Imprint Events Colorado
Resorts LLC for Vail Snow Days
Background: The attached memorandum summarizes the event funding agreement for Vail
Snow Days, and to request that Council authorize the Town Manager to enter into this funding
agreement.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Imprint
Events Colorado Resorts LLC for Vail Snow Days in the amount of $300,000.
Mason made a motion to authorize the Town Manager to enter into an agreement with Imprint
Events Colorado Resorts LLC for Vail Snow Days in the amount of $300,000; Coggin seconded
motion passed (7-0).
Stockmar asked to explore the potential of revenue sharing for this event and others like it
moving forward.
4.5. Event Funding Agreement with Full Send Productions for Powabunga
Action Requested of Council: Review memorandum and award funding to Full Send
Productions for Powabunga
Background: The attached memorandum summarizes the event funding agreement for
Powabunga, and to request that Council authorize the Town Manager to enter into this funding
agreement.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Full Send
Productions Powabunga in the amount of $300,000.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with Full
Send Productions Powabunga in the amount of $300,000; Bruno seconded motion passed (7-
0).
4.6. Resolution No. 51, Series 2021, a Resolution Approving the Second Amendment
to Development Agreement Between the Town of Vail and Crossroads East One LLC
Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 51,
Series 2021.
Background: The Town and Crossroads East One, LLC entered into a Development Agreement
dated July 25, 2006, as amended by that certain First Amendment to Development Agreement
dated September 1, 2020. Pursuant to Section 7 of the First Amendment, Crossroads is
required to use commercially reasonable efforts to cause the Entertainment Venue to be
operational on or before the Entertainment Venue Deadline of November 30, 2021. Both parties
wish to enter into a Second Amendment extending the Entertainment Venue Deadline by a
period of one year.
Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 51, Series
2021.
December 7, 2021 - Page 11 of 94
Town Council Meeting Minutes of November 2, 2021 Page 4
Bruno made a motion to approve Resolution No. 51, Series 2021 to approve the Second
Amendment to a Development Agreement with Crossroads East One, LLC; Coggin seconded
motion passed (7-0).
4.7. Contract with Encompass Services, LLC for Professional Land Surveying Services
for Ford Park Masterplan and a Bus Stop/Turnaround on Bighorn Road at Main Gore
Drive
Action Requested of Council: Authorize the Town Manager to enter into a PSA with Encompass
Services, LLC in the amount of $56,989 for the Professional Land Surveying at 2 locations.
Background: A Request for proposals for professional land surveying services was issued on
October 4, 2021 with 2 firms responding with proposals. Encompass Services, LLC Broomfield,
CO, submitted the lowest price proposal in the amount of $56,989. 2 local professional land
surveying firms declined to submit proposals due to staffing challenges.
Staff Recommendation: Authorize the Town Manager to enter into a PSA with Encompass
Services, LLC in the amount of $56,989 for the Professional Land Surveying at 2 locations.
Coggin made a motion to authorize the Town Manager to enter into an agreement with
Encompass Services, LLC not to exceed the amount of $56,989, Mason seconded motion
passed (7-0).
4.8. Lionshead Boiler Electric Service and Installation Contract Award
Action Requested of Council: Authorize the Town Manager to enter into an agreement with AMS
for Lionshead Boiler Electric Service and Installation.
Background: The Public Works Department has identified the Lionshead boiler as the first boiler
to convert to 100% electric usage as the Town begins to transition its snowmelt system from a
natural gas fired system to a system running on renewable energy.
This boiler is approximately 12 years old and even though it has not reached its useful life its
size is an ideal candidate for conversion to gather critical data needed regarding operation
characteristics and energy usage as the town continues to work with Holy Cross Energy in
discussions regarding the much larger snowmelt systems the town operates.
Staff Recommendation: Authorize the Town Manager to enter into an agreement in a form
approved by the Town Attorney with AMS for Lionshead Boiler Electric Service and Installation
in the amount not to exceed $297,696.
Coggin asked how many years of useful life are left on the current boiler and if there was
salvage value to the boiler.
Greg Hall, Director of Public Works explained that boiler is 12 years old with 8 years left of
usefulness and that there was salvageable value to the boiler.
December 7, 2021 - Page 12 of 94
Town Council Meeting Minutes of November 2, 2021 Page 5
Langmaid made a motion to authorize the Town Manager to enter into an agreement in a form
approved by the Town Attorney with AMS for Lionshead Boiler Electric Service and Installation
not to exceed $297,696; Foley seconded motion passed (7-0).
5.0. Town Manager Report
Update about invitation for community open house Wednesday, Nov. 3 to discuss
restrooms at Booth Lake trailhead in East Vail
Robson reminded the community members to attend the open house at Vail Mountain School to
discuss plans for a permanent restroom at Booth Lake Trailhead in East Vail on Wednesday,
November 3, 2021 from 5:30pm to 7:30pm.
Robson stated that the Town had worked hard to have guests bused out to the trailhead
throughout this past summer and regardless of visitation to the trailhead, restroom facilities are
much needed from an environmental standpoint.
Update on Election Results Certification Process
Robson updated Council that the certification process for November 2, 2021 coordinated
election with Eagle County would require a longer period for election results. The current Town
Council would be in place for the November 16, 2021 meeting to certify the Mill Levy. Robson
explained that the new members of the Town Council would be sworn in on December 7, 2021
and the selection of the mayor would take place during that meeting.
Robson finished his report to Council by thanked the Assistant Town Manager and the Town
Clerk, for their hard work in coordinating the election with Eagle County.
Robson also thanked the Communications Department for their effort to keep the community
informed on election information as well as the hard work that was put into the ribbon cutting
ceremony earlier in the day.
Action Items
Resolution No. 50, Series of 2021 - A Resolution of the Vail Town Council Adopting the
West Vail Master Plan
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: Approve Resolution No. 50, Series of 2021.
Background: After four presentations with discussion and deliberations, on October 11, 2021,
the Planning and Environmental Commission (PEC) voted 6-0 (Pratt absent) to forward a
recommendation of approval of the West Vail Master Plan to Council with one condition of
approval. The condition of approval was “that the proposed modifications agreed to by the PEC
be incorporated into the final draft of the plan upon adoption”. The consultant team and staff has
incorporated the PEC’s proposed modifications, and those suggested by the Town’s
Environmental Sustainability Department, into the final draft for Council’s consideration on
November 2, 2021.
Staff Recommendation: Approve Resolution No. 50, Series of 2021.
December 7, 2021 - Page 13 of 94
Town Council Meeting Minutes of November 2, 2021 Page 6
Gennett reminded council that the creation and adoption for the West Vail Master Plan was
identified as a priority in the Town Council 2018-2020 Action Plan. Additionally, Gennett
reviewed the timeline that led up to the West Vail Master Plan proposed adaptation.
Gabby Voeller and Ellie Wachtel, SE Group, accompanied Gennett to present to Council.
Voeller explained updated sustainability language was added to the presentation that Council
saw at the October 19, 2021 meeting.
Stockmar asked if there was good representation by the community members that the Master
Plan would affect most. Gennett responded that although the pandemic presented a challenge
with in-person input opportunities, he felt that the team was able to get a good representation of
input from the community members and anticipated more input once the plan was adopted and
the process of rezoning and the creation of new zones takes place.
Chapin noted that Council received great feedback from the Vail Local Housing Authority and
Vail Fire and Emergency Services.
Bruno asked to clarify to the community how extensive a process the plan was going to be and
reminded the community that the Master Plan was what could be but isn’t set in stone. Gennett
stated that she was correct that the Master Plan was a plan and that there would still need to be
a lot of work and community involvement to have it completed. Voeller also explained that there
are some definite concrete steps to be taken next and suggested a final media post that would
be easily accessible to the community stating those next steps and letting the community know
that the Master Plan was adopted.
Mason asked what the team was most proud of through the whole process of designing the
Master Plan. Voeller explained that having as many options as the Master Plan provides made
the plan richer. Wachtel agreed and added that she was excited to see how receptive the
community was with the proposed residential density part of the plan. Gennett also agreed.
Public comment was called.
Jack Bergey, Vail Resident, inquired as to what the next steps moving forward would be.
Gennett explained that the first step was drafting the proposed new zoning language, notifying
the residents of those new zones that would be affect and scheduling additional community
outreach.
Steve Lindstrom, Vail Local Housing Authority, urged Council to make the implementation to the
recommended zoning changes a top priority.
Ted Steers, Vail Resident, voiced his support for the West Vail Master Plan.
Douglas Smith, Vail Resident, expressed his support for the West Vail Master Plan and urged
his fellow community members to embrace the plan.
John Rediker, Vail Resident and DRB member, expressed his disappointment that there was
not more community input into the plan and voiced his opinion that keeping two grocery stores
in the area would provide competition and choice.
December 7, 2021 - Page 14 of 94
Town Council Meeting Minutes of November 2, 2021 Page 7
Karen Perez, Vail Resident and member of the PEC, stated she would like to see the
momentum towards the project be maintained and agreed with Rediker’s previous statement
regarding community involvement and having two grocery stores in the area.
Public Comment was closed.
Foley made a motion to approve Resolution No. 50, Series of 2021; Stockmar seconded motion
passed (7-0).
Ordinance No. 22, Series of 2021, First Reading, Budget Supplemental No. 3, an
ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Dispatch Services
Fund, Timber Ridge Fund, and Residences at Main Vail Fund of the 2021 Budget for the
Town of Vail
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve, or approve with amendments Ordinance No. 22, Series
2021.
Background: Please see attached memorandum.
Staff Recommendation: Approve, or approve with amendments Ordinance No. 22, Series 2021.
Smith presented to council Ordinance No. 22, Series 2021, a third supplemental to the current
2021 budget and explained that this would be a reduction in expenditures by 19.2 million dollars
due to the adjustment to the Resident at Main Vail expenditures that reflected the phased
approach. Smith stated that without that approach, expenditures would have increased by 2
million.
Before going over the changes to the budget, Smith explained common themes were to
updating revenues to reflect the better than anticipated year the Town had been experiencing,
revenue reimbursements and grants that were offset by expenditures and also adjusting
expenditures transfers between funds to reflect how the money was actually spent.
Smith explained that the largest increase was in sales tax which was increased by $3.9 million
dollars that reflected an annual amended budget of $31.4 million. Staff recommended to
allocate the full $3.9 million back to the Capital Projects Fund.
General Fund
Adjusted by $1.6 million which reflected an increase in lift taxes, Donovan Pavilion Rental
Revenue, construction related revenues, and specific ownership fees.
Increases of expenditures that were directly offset by reimbursements that included:
$427,000 from the State for fire deployments
$32.1 million in library grants and use of friends of the library funds for various library
programs and events.
Decrease in Revenue of $585,000 was reflected to defer the use of American Rescue Plan
funds to 2022:
December 7, 2021 - Page 15 of 94
Town Council Meeting Minutes of November 2, 2021 Page 8
The first budget supplemental of 2022 will reflect an increase of $585,000.
The Town received $1.17 million in American Rescue Plan Funds total.
Expenditures:
Increase by $1.4million
Largest expenditure was $600,000 to the Marketing Fund for both Powabunga and
Snow Days events which received $300,000 each
$100,000 to launch the Loading and Delivery Pilot Program, one portion is budgeted for
2021 and the other for 2022.
$120,000 increase in legal fees due to housing projects and overall new projects and
programs in the Town.
Smith stated that the General Fund was projected to end the 2021 year with a balance of $40.2
million dollars.
Capital Projects Fund:
Revenue has increased by 4.2 million:
$3.9 million is from Sales Tax increase
$200,000 for additional use tax collection
Reimbursement by the Vail Reinvestment Authority for additional construction cost
needed to complete the new Children’s Garden of Learning Facility
Reimbursement from the Police Confiscation Funds for a portable PD x-ray scanner for
PD
Adjustments to Capital Projects Fund were transfers to other funds:
$2 million increase to the Housing Fund to potential purchase CDOT owned parcel in
East Vail.
Reduced transfers to Main Vail Residences Fund and Housing Fund due to the Town
completing bonding before the Main Vail Residences project started.
Housing Fund
Made the changes to the transfers to the Capital Project Fund and expenditures.
Reflected year to date increase in Housing Fee in Lieu revenue offset by the “Buy Down”
program
RETT Revenues
Increased by $2.5 million for Real Estate Transfer Tax
Brought total budget up to $10.5 million
Expenditures:
$47,000 to start Ford Park Master Plan updates for surveying costs.
Residences at Main Vail Fund
Trued up the budget to reflect the bond issuance as well as the phased approach.
Dispatch Services Fund
Reimbursements to offset expenditures for fire deployment, software upgrades, and to purchase
a new satellite for the communications vehicle.
December 7, 2021 - Page 16 of 94
Town Council Meeting Minutes of November 2, 2021 Page 9
Timber Ridge Fund
$25,000 to expenditures for repairs and maintenance for units that were rented by Vail Resorts
Master Lease.
There was no public comment.
Council had no questions.
Coggin made a motion to approve Ordinance No. 22, Series of 2021 upon first reading;
Langmaid seconded motion approved (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at
approximately 7:33 p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Stephanie Bibbens, Deputy Town Clerk
December 7, 2021 - Page 17 of 94
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: November 16, 2021 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
November 16, 2021 Town Council Meeting Minutes
December 7, 2021 - Page 18 of 94
Town Council Meeting Minutes of November 16, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 16, 2021
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Emily Kloser, Vail resident, asked if the lock-off unit in the Town Managers house was being
used for employee housing. Kloser also thanked Chapin, Bruno and Stockmar for their time
served on the town council
Anne Marie Muller, Vail resident, thanked the out going council members for serving on the
town council.
Bob Armour, Vail resident and former mayor, thanked the 3 out going council members for their
service on the town council. Armour stated their conviction to do what was right for the
community should be commended.
Alison Wadey, Vail Chamber Chair, thanked the outgoing council members for their service and
being champions for the Vail business.
2. Recognitions
2.1. Recognition of Alice Plain, Director of Golf at the Vail Golf Club, for Colorado PGA
Golf Professional of the Year
Presenter(s): Dave Chapin, Mayor
Alice Plain, the director of golf at the Vail Golf Club, has been selected as the 2021 Colorado
PGA Golf Professional of the Year. This is the highest honor given annually by the Colorado
PGA.
December 7, 2021 - Page 19 of 94
Town Council Meeting Minutes of November 16, 2021 Page 2
Chapin provided a brief history of Plain’s career with the Vail Golf Club and the chambers gave
a round of applause to Plain for being selected as the 2021 Colorado PGA Golf Professional of
the year.
Plain thanked council for acknowledging her accomplishments and was honored for being
selected for her newest award. Plain stated there were 800 people being considered for this
award and only 6 were women. It was her dream as a 10-year-old to work at the Vail Golf Club.
2.2. Recognition Kate Cocchiarella, President of the Board of Education for Eagle
County
Presenter(s): Dave Chapin, Mayor
Kate Cocchiarella, President the Board of Education for Eagle County, has served on the board
from 2010 to 2021 with the last six years as the BOE's President.
Chapin stated Cocchiarella was being thanked for her 11 year service on the Board of
Education for Eagle County.
Cocchiarella thanked council for honoring her tonight. She stated Eagle County Schools has
great leadership in place.
2.3. Recognition for Outgoing Council Members Jenn Bruno, Dave Chapin, and Brian
Stockmar
Presenter(s): Kim Langmaid, Mayor Pro Tem; Scott Robson, Town Manager
Acknowledgement and appreciation will be given Mayor Dave Chapin and Councilor Jenn Bruno
as they finish eight years of service, and Councilor Brian Stockmar who is finishing two years of
service as Vail Town Council members.
Langmaid thanked each of the outgoing council members and spoke to each of their individual
qualities.
Chapin thanked his fellow council members, staff members and partners he had worked with
the past eight years. He stated it was an honor to serve Vail.
Bruno shared that being on council the past eight years had been one of the greatest honors of
her life. Bruno noted the community’s passion and engagement that sparked 10 candidates to
run for council this past election and brought out the highest voter turnout.
Stockmar provided a history of the council’s accomplishments the past two years but
acknowledged more work needed to be done including creation of an ethics code.
Mason also thanked the 3 outgoing council members for their time and service.
3. Proclamations
3.1. Proclamation No. 9, Series of 2021, Colorado Gives Day
December 7, 2021 - Page 20 of 94
Town Council Meeting Minutes of November 16, 2021 Page 3
Presenter(s): Sarah Heredia, Grassroots Committee of the Eagle County Gives Collaborative
Action Requested of Council: Approve Proclamation No. 9, Series 2021
Background: Community First Foundation and FirstBank have partnered in an effort to increase
charitable giving in our community through the online giving initiative Colorado Gives Day.
Colorado Gives Day in 2020 raised $50 million in a single 24-hour period via online donations,
$1.5 million to Eagle County nonprofits, at eaglecogives.org, a website allowing donors to direct
their contributions to one or more of the 50+ local, Eagle County, charities featured on the site,
making it an ideal resource for facilitating charitable giving to our locally-based nonprofit
organizations.
Each council member took a turn reading Proclamation No. 9, Series of 2021 into the record.
4. Matters from Mayor and Council
Bruno thanked everyone again for their kind words and stated she was excited for the newly
elected council members.
Mason thanked the community for the significant voter turnout in November. She also thanked
Vail Resorts for getting the mountain open and congratulated the new Town Council members
and newly elected school board members.
Coggin offered his thanks to the outgoing council members. He too thanked Vail Resorts for
getting the mountain open.
Foley also thanked the outgoing council members and expressed concern for the pedestrian
bridge being slippery, drivers needing to reduce their speeds in school zones, and a crosswalk
walk in front of Safeway. He would also like a follow up on the new loading and delivery
program.
Stockmar again thanked everyone for their support during his term on Town Council.
Langmaid thanked Vail Resorts for the great skiing with top quality snow. She also noted the
great election turnout and the quality candidates who ran for Town Council.
Chapin thanked the community for being passionate about Vail.
5. Consent Agenda
5.1. Resolution No. 52, Series of 2021, Approving Two Grant Agreements between the
Town of Vail and the Colorado Department of Transportation ("CDOT").
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 52,
Series of 2021.
Background: The Town of Vail and CDOT wish to enter into certain grant agreements for the
purpose of 1) the procurement of battery electric busses; and 2) the procurement of chargers to
be used for the electric busses.
December 7, 2021 - Page 21 of 94
Town Council Meeting Minutes of November 16, 2021 Page 4
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 52, Series
of 2021.
Stockmar made a motion to approve Resolution No. 52, Series of 2021; Mason seconded the
motion passed (7-0).
6. Town Manager Report
Robson thanked Nagel for her service as an election judge during the Eagle County coordinated
election.
7. Action Items
7.1. First reading of Ordinance No. 23, Series 2021, An Ordinance providing for the
Levy Assessment and Collection of the Town Property Taxes due for the 2021 year and
payable in the 2022 Fiscal Year
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series
2021.
Background: The town is required by Colorado state law to certify the mill levy by December
15th of each year.
Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2021.
Smith quickly reviewed Ordinance No. 23, Series of 2021 with council stating a certification of
the mill levy was required for collection of 2021 town property taxes.
There was no public comment
Council had no questions.
Stockmar made a motion to approve Ordinance No. 23, Series of 2021 upon first reading;
Manson seconded the motion passed (7-0).
8. Public Hearings
8.1. Ordinance No. 22, Series of 2021, Second Reading, Budget Supplemental No. 3, an
ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Dispatch Services
Fund, Timber Ridge Fund, and Residences at Main Vail Fund of the 2021 Budget for the
Town of Vail
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve, or approve with amendments Ordinance No. 22, Series
2021.
Background: Please see attached memorandum.
December 7, 2021 - Page 22 of 94
Town Council Meeting Minutes of November 16, 2021 Page 5
Staff Recommendation: Approve, or approve with amendments Ordinance No. 22, Series 2021.
Smith reviewed the changes to Ordinance No. 22, Series of 2021 since first reading with the
council.
Real Estate Transfer Tax Fund:
Increase the RETT budget another $1,000,000 for an annual budget of $11,500,000. An
additional $50,000 of real estate transfer tax collection fees would be paid to the General
Fund due to the increase in revenue.
For the Booth Lake Trailhead restrooms budgeted in 2022, due to supply chain delays
staff would like to place an order for the restrooms in December of 2021 and requested
moving $200,000 from the 2022 budget to ensure the restrooms are completed by June
2022.
Capital Projects Fund:
Increase the transfer from the Vail Reinvestment Authority by $350,000 to reimburse the
Capital Projects Fund for a new electric snowmelt boiler in Lionhead.
Service Reimbursements:
Town was awarded a total of $393,442 in restitution. Staff is proposing to
allocate these funds to the General Fund, Capital Projects Fund and Dispatch Services Fund to
reimburse the funds where the services were originally paid from.
There was no public comment.
Council had no questions.
Stockmar made a motion to approve Ordinance No. 22, Series of 2021 upon second reading;
Mason seconded the motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Bruno seconded the motion which passed (7-0) and the meeting adjourned at 7:05
p.m.
Respectfully Submitted,
Attest: __________________________________
__________________________________, Mayor
___________________________________
Tammy Nagel, Town Clerk
December 7, 2021 - Page 23 of 94
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Resolution No. 53, S eries 2021, A Resolution Approving a Water S erivce
A greement B etween the Town of Vail and the Eagle River Water and S anitation District (the
"E RW S D")
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny
Resolution No. 53, Series of 2021
B AC K G RO UND: This I G A is necessary for the Residences of Main Vail development.
S TAF F RE C O M M E ND AT IO N: Approve, approve with amendments or deny Resolution No. 53,
S eries of 2021
AT TAC H ME N TS:
Description
resolution 53, series 2021
Agreement
December 7, 2021 - Page 24 of 94
RESOLUTION NO. 53
Series of 2021
A RESOLUTION APPROVING A WATER SERVICE AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND
SANITATION DISTRICT (the “ERWSD”)
WHEREAS, the Town and the ERWSD wish to enter an agreement for the ERWSD
to provide water service to certain real property owned by the Town, described as Middle
Creek Subdivision Lot: 3, and with a physical address of 129 N. Frontage Road W., Vail,
Colorado 81658, as more particularly set for in Exhibit A, attached hereto and
incorporated herein by this reference (the “IGA”)
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA in substantially the form
attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 7th day of December 2021.
_________________________
, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
December 7, 2021 - Page 25 of 94
Page 1 of 6
WATER SERVICE AGREEMENT
This Agreement dated this ___ day of ____________, 2021, is between the Eagle River
Water and Sanitation District, a quasi-municipal corporation and political subdivision of the
State of Colorado (the “District”), and Town of Vail, a political subdivision of the State of
Colorado (the “Town”).
RECITALS
A. The District is organized pursuant the Colorado Special District Act for the purpose of
providing water and wastewater services.
B. The Town desires to enter into an agreement with the District to have the District
provide water service to certain real property (the “Property”) known in Eagle County
as parcel number 2101-064-005, Middle Creek Subdivision Lot: 3, located at 129 N
Frontage Road W in Vail, CO 81657.
C. Those seeking water service from the District must comply with the District’s Water
Dedication Policy, as amended through November 19, 2020, effective January 1,
2021, (the “Water Dedication Policy”), and all other fees, rules, regulations and
requirements of the District.
D. Under the District’s Water Dedication Policy, water service is conditioned upon a
dedication of water rights or payment of cash in lieu of water rights for any
redevelopment within its service area that will require an increase in water use or
new water use not covered by existing taps or zoning that existed as of July 22,
2004. This dedication applies only to the difference between the projected increased
water demand as a result of increased density or change in use, and the water
demand prior to redevelopment. This water rights dedication amount is based on
100% of the projected new or increase in water use.
E. The proposed redevelopment of the Property at full build out will consist of 72 deed
restricted, employee housing units.
F. Based on the information from the Water Demand Worksheet and the Water Rights
Dedication Requirement Worksheets, attached hereto as Exhibit A, the District has
determined that the new use will result in a total demand increase of 16.13 acre feet
of water per year, with an annual consumption of 0.81 acre feet.
G. The Town will pay for all of the District’s legal fees associated with this Agreement
and any associated agreements.
H. The parties desire to enter into an agreement whereby the Town agrees to comply
with the Water Dedication Policy, and meet such other requirements of the District to
obtain water service from the District for the Property.
AGREEMENT
December 7, 2021 - Page 26 of 94
Page 2 of 6
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, the sufficiency of which are hereby acknowledged, the District and the Town agree
as follows:
1. Water Dedication. Subject to the terms and conditions of this Agreement, the District
Board of Directors has authorized a dedication cash in lieu of water rights for the
Project totaling $29,571 at the District’s regularly held Board of Directors’ meeting held
on April 22, 2021.
2. Water Service Commitment. The District agrees to provide sufficient water to the
Project, on the same basis as other users within the District’s service area to meet the
construction, residential, municipal, irrigation and other incidental water demands of the
Property. Irrigation use on the Property may be curtailed by the District during periods
of low stream flows, and/or during instream flow calls. Once connected, the District will
monitor water usage of the Property. The water service commitment hereunder shall
further be subject to the obligation of the Town and its successors and assigns to pay
all tap fees and the monthly service charges of the District.
3. Water Efficiency. The Town agrees to furnish the redevelopment of the Property with
industry leading standards for water efficiency such as EPA Water Sense, Energy Star,
or equivalent for all water fixtures, and to provide the District with fixture specifications
sheets. The Town also agrees to implement outdoor efficiency guidance provided by
the District for any irrigation system updates or installs associated with the project.
4. Temporary Irrigation Water Service. Temporary irrigation water for native grass re-
vegetation for the Project shall be disconnected after two growing seasons. The District
requires the temporary irrigation system shall be installed above ground and separately
metered. Upon removal and disconnection of the temporary irrigation system, an
inspection by the District is required. The District shall have the right to disconnect the
temporary irrigation service to the property if usage is not reduced within the time frame
stated above. The rights and obligations set forth in the preceding paragraph shall
survive the completion of this Agreement
5. Customer Charges. All customers of the District pay directly to the District, Water Tap
Fees at the time of hook up, and the monthly service charges. Nothing contained in this
Agreement shall modify this arrangement and all customers shall continue to be directly
responsible for the payment of such fees and charges.
6. Refund. The Town does not have the right to assign, transfer or sever any excess
water supply rights created in connection with this Agreement; all such rights revert to
the District.
7. Ability to Serve Letter. The District will issue an Ability to Serve Letter for water
service and wastewater service to the Town upon receipt of the cash in lieu of water
rights payment and execution of this Agreement.
8. Construction Approvals. The Town must obtain the District’s approval of construction
plans prior to the time the District will grant any required approval in connection with a
building permit. All conditions listed in the construction plan approval letter become
conditions of and a supplement to this Agreement and the breach of any such
conditions shall constitute a breach of this Agreement.
December 7, 2021 - Page 27 of 94
Page 3 of 6
9. Incorporation of Rules and Regulations and Policies. The District’s Rules &
Regulations, policies and procedures, as may be amended from time to time, are
incorporated into and made a part of this Agreement as if set forth herein in full.
10. Changes in Rates. The various fees and other payments required to be paid to the
District are subject to change by the District pursuant to the District’s ratemaking
procedures.
11. Completion of Agreement; Survival of Obligations. Except as expressly provided
herein, this Agreement shall be deemed completed, satisfied and of no further force and
effect upon the later of (i) the transfer of any property required to be transferred
hereunder and (ii) the connection of all taps and meters for the Project. Upon the
occurrence of the later of the two events referenced in the preceding sentence, the
Project shall receive service and be treated like any other District customer pursuant to
the District’s Rules and Regulations and policies, all as may be amended from time to
time; provided, however, that the District’s rights under Section 2 hereof in connection
with an increase in the water requirements of the Property above the Total Demand
Limits shall remain in full force and effect and shall constitute an encumbrance upon the
Property.
12. Remedies. In the event of any default, either party may pursue any and all legal
remedies available at law and/or equity.
13. Recording. This Agreement shall permanently encumber and run with the Property,
and shall be recorded.
14. No Precedent. The terms of this Agreement are based on the unique circumstances of
the Town, the Project and the underlying transaction and shall have no precedential
value on the form or interpretation of terms in existing or future water and/or wastewater
service agreements.
15. Miscellaneous:
a. This Agreement may not be amended nor any rights hereunder waived except by
an instrument in writing signed by the parties sought to be charged with such
amendment or waiver.
b. This Agreement shall be interpreted in accordance with and governed by the
laws of the State of Colorado. The forum for resolution of any and all disputes
arising hereunder shall be the District Court in and for Eagle County, State of
Colorado.
c. The paragraph headings herein are inserted for convenience of reference only
and do not define, limit or prescribe the scope of this Agreement.
d. The parties agree to execute such additional documents as may be reasonably
required to implement the terms of this Agreement.
e. The terms of this Agreement shall be binding on the parties’ successors and
assigns.
December 7, 2021 - Page 28 of 94
Page 4 of 6
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURES ON FOLLOWING PAGE]
December 7, 2021 - Page 29 of 94
Page 5 of 6
EXECUTED as of the date first set forth above.
EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-municipal corporation of the
State of Colorado
By: ______________________________
Name: ______________________________
Title: ______________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this _____ day of ________,
2021, by ___________________ as ________________ of the EAGLE RIVER WATER AND
SANITATION DISTRICT a quasi-municipal corporation and political subdivision of the State of
Colorado.
Witness my hand and official seal.
My commission expires: ______________________
______________________________________
Notary Public
December 7, 2021 - Page 30 of 94
Page 6 of 6
Town of Vail, a political subdivision of the State of Colorado,
By: ________________________________
Name: ________________________________
Title: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this _____ day of ________,
2021, by ___________________ as _______________________ of and Town of Vail, a
political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires: ______________________
_________________________________________
Notary Public
December 7, 2021 - Page 31 of 94
EXHIBIT A
WATER DEMAND WORKSHEETS & CASH IN LIEU OF WATER RIGHTS
DEDICATION WORKSHEET
December 7, 2021 - Page 32 of 94
BOARD ACTION REQUEST
TO: District Board of Directors
FROM: Micah Schuette
DATE: April 22, 2021
RE: Middle Creek, Lot 3 – The Residences at Main Vail Water Rights
Dedication – Revised
Summary of Subject: Staff is requesting Board approval of a $29,571 cash payment in lieu of a 0.97
acre-feet water rights dedication for The Residences at Main Vail redevelopment project.
Discussion and Background: The Residences at Main Vail project is located on site of the existing
Children’s Garden of Learning at 129 N Frontage Rd in Vail.
Figure 1. Location of Highline Hotel Redevelopment
The project is seeking Planning and Environmental Commission (PEC) approval from the Town of Vail to
redevelop the property constructing 72 new employee housing units in place of the existing Children’s
Garden of Learning (CGL). The existing CGL Building will be demolished and the preschool will move into
a new building proposed in Lionshead. An existing 1.5 inch meter (5.8 SFEs) has been paid upon since
2004.
Staff has made the following assumptions in calculating the water demands for the project:
December 7, 2021 - Page 33 of 94
Middle Creek, Lot 3 – The Residences at Main Vail Water Rights Dedication –
Revised Page 2 of 2
1. Staff is projecting water demands for the 72 employee housing units at 200 gallons per day based
on observed use in other workforce rental housing. This is consistent with previous dedications
such as Solar Vail in 2018 and employee housing dedications in the Upper Eagle Regional Water
Authority including the District’s Stillwater project.
2. The grandfathering of existing use on the property will remain with the Children’s Garden of
Learning as it transitions to another property in Vail. Therefore, no credit will be given and the full
dedication will be required for the new project.
The resulting 0.97 acre foot dedication amount and cash in lieu fee of $29,571 utilizes the customary
120% dedication requirement.
Alternatives: The Board may consider a 100% dedication instead of the customary 120% conditioned
upon the Town of Vail incorporating water efficient water fixtures, appliances, and landscaping into their
design to make the project’s use of water as efficient as possible. In this instance, the dedication
requirement at 100% equals a 0.81 acre-foot dedication at $24,642. Other alternatives could be
considered based on input from the Board.
Legal Issues: Legal Counsel will be present at the Board meeting to discuss any potential legal
questions.
Budget Implication: The proposed water dedication will have a positive impact to revenues equal to the
fee collected.
Recommendation: Staff recommends approval of the proposed $29,571 cash payment in lieu of a water
rights dedication of 0.97 acre-feet.
Suggested Resolution and Motion: I move to accept a cash in lieu of water rights
dedication payment of $29,571 to cover the 0.97 acre-feet needed to satisfy the
water dedication requirement for the Residences at Main Vail project.
Attached Supporting Documentation:
The Residences at Main Vail - Water Demand Worksheet
The Residences at Main Vail - Cash in Lieu of Water Rights Calculator
December 7, 2021 - Page 34 of 94
Project Name:
Contact Person:
Telephone:Date:
Yes X
No
If yes, identify:
Yes X
No
square feet
square feet
0.0 single family equivalents (SFEs)
0 acre-feet per year
72
800 square feet
72.0 single family equivalents (SFEs)
16.13 acre-feet per year
16.13 acre-feet per year
A. Detached single family lots (number):
Average lot size:
D. In-house demand (A x 0.3921):
E. Multi-family Employee Housing Units (number):
(inclusive of duplex, condominium, and apartment units)
F. Average floor area of unit:
(inclusive of garage and unfinished basement)
G. Greater of E or E x F / 3,000:
H. In-house demand (E x 0.2240):
I. Total In-house demand (D + H):
WATER DEMAND WORKSHEET
Description of Proposed Project:
Middle Creek Lot 3 - The Residences at Main Vail
2.070 acres
Subdivision: MIDDLE CREEK SUB Lot: 3, Parcel Number 2101-064-09-005
Total Area (square feet or acres):
Note to Applicant: Please complete all information highlighted in blue. Additional comments to be entered on the Comments worksheet.
970-688-5057
Location of Proposed Project (qtr qtr section, township, range, lot/filing) (attach legal description):
129 N FRONTAGE RD Vail, CO 81657
B. Average floor area of house:
(inclusive of garage and unfinished basement)
C. Greater of A or A x B / 3,000:
Has this area been annexed to a metropolitan district or town?
Is this project a redevelopment of existing lots and structures?
Vail
If yes, identify by water/sewer billing address:
Redevelopment of the exisiting property removing existing 4630 of comercial space and the development of 72 deed restricted employee housing units. (31 - 2
bed/1 bath, 27 - 2 bed/2 bath, 14 - 1 bed/1 bath) , 57,656 GFRA sqft
1. RESIDENTIAL INDOOR WATER DEMAND
Triumph Developmnet - Town of Vail
4/14/2021
Page 1 of 3 Form Date: November 2009
December 7, 2021 - Page 35 of 94
Project Name:Middle Creek Lot 3 - The Residences at Main Vail
square feet
0.00 acres
0 square feet
0.00 acres
acres
acres
acres
acres
0.00 acres
0.00 acres
0.00 acre-feet
square feet
square feet
square feet
gallons
Annual Requirement
Type (acre-feet)
square feet 0.00 0.10 gpd/sqft
square feet 0.00 0.16 gpd/sqft
square feet 0.00 0.06 gpd/sqft
guest rooms 0.00 100 gpd/room
Dorm rooms 0.00 150 gpcd
seats 0.00 35 gpd/seat
seats 0.00 20 gpd/seat
0.00I. Total other indoor usage
Describe below the expected number of employees/guests/daily hours and anything that impacts the number of people using the
facilities or special featurs such as swimming pools, hot tubs, or other indoor water features (use the Comments worksheet if more
space is needed):
B. Fountain water surface area:
C. Swimming pool:
1. Surface area
A. Average irrigated area per detached single family lot:
B. Irrigated area (1A x 2A / 43,560):
B. Office
1. Irrigated parks
2. Irrigated entry features
A. Retail Space
3. Irrigated street ROW
4. OTHER INDOOR WATER USES
Describe irrigation methods (sprinkler, drip, etc.) & Type of irrigated area(s):
C. Average irrigated area per multi-family unit:
D. Irrigated area (1E x 2C / 43,560):
E. Other irrigated areas:
2. Volume
2. IRRIGATION WATER DEMAND
4. Common space
G. Total irrigation demand (2F x 2.5):
A. Pond water surface area:
3. OTHER OUTDOOR WATER USES
G. Tavern
H. Other (describe)
C. Warehouse or storage
D. Motel/hotel without kitchens (accommodation unit)
E. Motel/hotel with kitchens
F. Restaurant
5. Total other
F. Total irrigated areas (2B + 2D + 2E5):
Page 2 of 3 Form Date: November 2009
December 7, 2021 - Page 36 of 94
Project Name:Middle Creek Lot 3 - The Residences at Main Vail
Demand Consumptive Use
(acre-feet)(acre-feet)
16.13 0.81
0.00 0.00
16.13 0.81
Project Name:
By:
Date:
Verified By:
Date:
Disclaimer:
4/19/2021
C. TOTAL
APPLICANT:
DISTRICT:
Micah Schuette
(Owner/Authorized Representative)
Mike Foster
Middle Creek Lot 3 - The Residences at Main Vail
(ERW&SD Employee)
5. AVERAGE ANNUAL CONSUMPTIVE USAGE (FOR ERW&SD STAFF USE)
Additional information, explanations and comments:
Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority retain the right to revise
the factors and cash-in-lieu payments.
A. Indoor usage
B. Irrigation usage
Page 3 of 3 Form Date: November 2009
December 7, 2021 - Page 37 of 94
Note to Applicant: This worksheet to be completed by ERWSD personnel.Project Name:Wastewater treated at: Vail WWTP? (Yes or No):Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total1.36995 1.23737 1.36995 1.32575 1.36995 1.32575 1.36995 1.36995 1.325751.36995 1.32575 1.36995 16.130.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00000Total Demand1.36995 1.23737 1.36995 1.32575 1.36995 1.32575 1.36995 1.36995 1.325751.36995 1.32575 1.36995 16.130.06850 0.06187 0.06850 0.06629 0.06850 0.06629 0.06850 0.06850 0.066290.06850 0.06629 0.06850 0.81Dedication Requirement @ 120%0.08220 0.07424 0.08220 0.07955 0.08220 0.07955 0.08220 0.08220 0.079550.08220 0.07955 0.08220 0.97Cash in Lieu of Water Rights Payment:$29,571Row description:Notes: Dedication Requirement: Total Consumptive Use for March, April, May, June, July, October and November & Total Consumptive Use in January, February, August, September and December. Cash in Lieu of Water Rights Payment: Dedication Requirement x $10,000 in May, June, July and August and x $41,000 in January, February, March, April, September, October, November and December. The values used in the Cash in Lieu calculation are taken from the most recent ERWSD Resolution on Water Dedication Rates effective January 1, 2021 Irrigation Usage: The annual total comes from cell "C66" in the "Annual/Worksheet". The annual amount is distributed monthly based on the ratio of estimated monthly consumptive use to annual consumptive use: May 14%, June 23%, July 26%, August 21%, September 14%, October 2%.Other Outdoor Usage: The annual total comes from section 3 of the "AnnualWorksheet". The annual amount is distributed monthly depending on the type of other use and must be analyzed on a project specific use. Total Demand: Sum of the 4 use types. Total Consumptive Use: Monthly Indoor use x 5% + Irrigation Use x 80% + Outdoor Use (dependent on specific use). Residential Indoor Use: The annual total comes from cell "C46" in the "AnnualWorksheet". The annual amount is distributed monthly based on number of days in month. Other Indoor Usage: The annual total comes from cell "E94" in the AnnualWorksheet. The annual amount is distributed monthly based on number of days in month.Other Indoor UsageIrrigation UsageOther Outdoor UsageTotal Consumptive UseMiddle Creek Lot 3 - The Residences at Main Vail ProjectComponentResidential Indoor UsageWATER RIGHTS DEDICATION REQUIREMENTS OR CASH IN LIEU Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority(values in acre-feet)YesDecember 7, 2021 - Page 38 of 94
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Public Health Updates
December 7, 2021 - Page 39 of 94
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: Municipal J udge Appointment
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint Buck A llen as Municipal J udge for
Town of Vail.
B AC K G RO UND: S ection 7.2 of Town Charter sets forth requirements for appointing municipal
judge every two years.
December 7, 2021 - Page 40 of 94
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: Booth L ake Trailhead Restroom F acility
P RE S E NT E R(S ): Gregg B arrie
AC T IO N RE Q UE S T E D O F C O UNC I L: Review the information provided the memorandum and
authorize the Town Manager to enter into a contract with Green Flush Restrooms in an amount not
to exceed $166,000 to fabricate a restroom facility for the Booth L ake Trailhead.
B AC K G RO UND: The Booth L ake Trail is the most heavily used trail in the Vail area. More than
35,000 hikers accessed the trail during 2021. A permanent restroom connected to public water
and sewer would improve cleanliness and guest experience. S ee the staff memorandum for
details. A 10% deposit will be paid to initiate design work on the order. Council will have the option
to pause or cancel the contract prior to actual construction of the restroom if desired, paying only
design costs incurred to that point.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into a contract with Green
Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the
B ooth L ake Trailhead.
AT TAC H ME N TS:
Description
Staff Memorandum
December 7, 2021 - Page 41 of 94
To: Vail Town Council
From: Department of Public Works
Date: December 7, 2021
Subject: Booth Lake Trailhead Restroom Facility
I. PURPOSE
The purpose of this agenda item is to request approval from the Town Council to
purchase a prefabricated restroom facility to be installed at the Booth Lake trailhead in
the spring of 2022.
II. BACKGROUND
The Booth Lake Trailhead is one of four trailheads located in Vail that access the Eagles
Nest Wilderness Area. The trail leads to Booth Falls and Booth Lake. Booth Falls is
likely the most popular hiking destination in the Vail area. Trail counts collected over the
past three years indicate over 6,000 hikers each month between June 1-Sept 30, an
average of over 200 each day, with peak days over 400 hikers per day. Several days
during the fall topped 700 hikers in one day. During the COVID lockdown year of 2020,
nearly 50,000 people hiked Booth Lake Trail from January-December.
In 2018, noting the significant trail use and the lack of restroom facilities, the town began
placing portable toilets at all Wilderness Area trailheads between May 15-Nov 15. Three
“port-o-lets” were placed at the Booth Lake trailhead. Almost immediately, the need for
these toilets was recognized as it became necessary to empty/clean the toilets twice
each week. Unfortunately, during 2021, there were times when the toilets were not able
to be emptied twice per week due to staffing challenges by the toilet contractor, leading to
less-than-sanitary conditions. In a community that prides itself on world-class service,
this is not acceptable.
Based on the significant trail use and the trailhead’s location in a residential
neighborhood, the installation of a permanent restroom connected to public utilities is
recommended by town staff and currently budgeted in the 2022 town budget. The
current overall project budget is $405,000.
December 7, 2021 - Page 42 of 94
Town of Vail Page 2
III. PROPOSED FACILITY
The Department of Public Works is proposing to install a prefabricated restroom
structure. “Prefabricated” indicates that the building will be built off-site, delivered, and
placed with a crane. The facility will be connected to public electric, water and sewer
service and will include the following facilities:
• One building, sized 10’ x 18’, 180 sf with two unisex restroom units
• Each unit will include a toilet, urinal, sink and hand dryer
• Both units will be ADA compliant, and one unit will include a changing table
• Wall-mounted bottle filler on the exterior
• Mechanical room with mop sink and a heater to extend the shoulder seasons
• Architecture includes board and batten siding, corrugated metal wainscot,
standing-seam metal roof and natural color finishes.
• Site work will include bicycle parking and trash/recycling cans
Building Operations
The proposed restroom will be operated in the same manner as most other Town of Vail
park restrooms in that it will open on a seasonal basis. In a typical year, the town’s park
restrooms are opened as weather allows in late April/early May. They are cleaned daily
by a vendor hired by the town. They will be closed for the season in late-October. As
with all town parks, a temporary portable toilet can be placed at the trailhead thru the
winter as needed. The restrooms will be open 24 hours during the season.
Lighting
Each restroom unit will have an obscured window to allow light into the room during the
day. Each room will also include a light fixture and exhaust fan. Exterior lighting will
consist of a recessed soffit light over each door. Exterior lights will be on a timer,
operating from dusk until 10 pm as a safety feature but will turn off for the duration of the
night to reduce disturbance to neighbors.
IV. RESTROOM FACILITY SELECTION
Staff evaluated restroom facilities from three suppliers. The following criteria were used:
• Small building footprint to fit within existing parking lot
• Ability to provide custom aesthetics appropriate for the neighborhood
• Ability to provide a toilet, urinal and sink, without partitions, in each unisex room to
improve cleanliness and reduce vandalism
• Design and construction process
• Cost
It is difficult to provide a side-by-side comparison because each supplier provides a
different product or service, however, the following provides an explanation of how the
choice was made to recommend Green Flush Technologies as the restroom supplier.
December 7, 2021 - Page 43 of 94
Town of Vail Page 3
The least expensive supplier, CXT Products, provides all-concrete structures typical of
USFS and BLM vault-style toilets. While highly durable, they do not meet the aesthetic
requirements for this residential location. All building components of these restrooms,
from siding to shingles to interior wall finishes are poured concrete. They do not supply
a restroom with both a toilet and a urinal without partitions, which would increase the
size of the building to provide the required ADA accessibility. The approximate building
cost is $90-$120,000 depending on size.
A second company researched by town staff is Romtec. While the available finishes are
comparable to Green Flush, Romtec does not provide a “prefabricated” facility. Instead,
Romtec provides design drawings and specification, and the project is placed out to bid
to be constructed on site by local contractors. Their cost estimates were slightly higher
than Green Flush at $200-$300,000 not including utility/site work. Staff is concerned
that local contractor costs could be even higher than that. In addition, the construction
window is longer since the entire building constructed on-site. Like CXT, Romtec does
not provide a facility with a toilet and urinal without partitions.
Additional suppliers were viewed; however, architecture/aesthetics were a deciding
factor in not pursuing cost estimates from these suppliers.
Staff is recommending purchasing a Green Flush two-unit facility based on proposed
cost, their ability to provide a facility with both a toilet and urinal in each room and the
off-site construction that could begin in March instead of May.
V. BUDGET INFORMATION
As previously noted, the project budget is currently $405,000 for the purchase of the
restroom structure and necessary site work. The budget was increased from $375,000
during the last Supplemental Budget process to address incorrect Eagle River Water and
Sanitation fees.
Budget Estimate
Design and Bid Documents $ 20,000 (under contract with SGM)
Green Flush two-unit restroom: $ 166,000 (includes foundation and installation)
ERWSD Connection Fees: $ 53,000 (per revised estimate from ERWSD)
Site work: $ 144,000
Contingency (~15%): $ 22,000
Project Total $ 405,000
Budget Clarifications and Concerns
• Site work costs: the project will be released for public bid in late January. Given the
ongoing escalation of construction costs, it is possible that the final bid will be higher
than current estimates.
• ERWSD Connection “tap” fees: it has been indicated by ERWSD staff that there may
be a 3-5% increase in tap fees for 2022
• The trailhead parcel falls within a Geologic Hazard Zone for rockfall and debris flow.
Staff is working with a geotechnical engineer to evaluate any potential mitigation
needs as required by Town Code.
December 7, 2021 - Page 44 of 94
Town of Vail Page 4
VI. PROJECT SCHEDULE
Approving the purchase of this restroom will set the restroom design process in motion
but does not obligate the Town Council to complete the project without first seeing Site
Works costs when they become available after the bid process. Staff will present all
project costs to the Council February 15 or March 1. At that time, the council can choose
to proceed toward construction or postpone the project. All design costs should be paid
at that point.
Design Schedule
• PEC and DRB approvals Complete (Nov 22 and Dec 7)
• Restroom Design and Permitting December to mid-February 2022
• Site Work Design ongoing to mid-January
• Site Work Bid Opening mid-February
• Town Council review of all project costs Feb 15 or March 1 TC meeting
Should Council choose to proceed…
• Restroom fabrication off-site March-May 2022
• Site work can begin April 30
• Restroom delivery early June
• Complete site work June
• Restroom Open July 1
VII. STAFF RECOMMENDATION
Staff recommends that the Council authorize the Town Manager to enter a contract with
Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom
facility for the Booth Lake Trailhead. A 10% deposit will be paid to initiate design work
and permitting on the order. Council will have the option to pause or cancel the contract
prior to actual construction of the restroom if desired, paying only design costs incurred to
that point.
VIII. ACTION REQUESTED BY COUNCIL
Staff requests that the Council authorize the Town Manager to enter a contract with
Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom
facility for the Booth Lake Trailhead.
Attachments:
A-1 Restroom Elevations/Floorplan
A-2 Site Photos
A-3 Building Materials
L-1 Site Plan
December 7, 2021 - Page 45 of 94
APPROVED ELEVATIONS
AND FLOORPLAN
TWO UNIT, UNISEX RESTROOM
·MANUFACTURER: GREENFLUSH TECHNOLOGIES
·ADA-COMPLIANT
·TOILET AND URINAL IN EACH UNIT
·CHANGING TABLE IN ONE UNIT
·WINDOW IN EACH UNIT TO ALLOW NATURAL LIGHTING
·MECHANICAL ROOM ACCESS IN BACK
·STANDING SEAM METAL ROOF
·CORRUGATED METAL WAINSCOT
·BOARD AND BATTEN SIDING
·NATURAL COLORS FOR FINISHES
·INSET BOTTLE FILLER
·OPEN APRIL-OCTOBER, AS WITH OTHER PARK RESTROOMS
STANDING SEAM METAL ROOF
CORRUGATED METAL
WAINSCOT
BOARD AND
BATTEN SIDING
312
18'10'
3'-6"
SCALE: 1 2"= 1'-0"
0' 2'10'1'5'
WINDOW, OBSCURED
GLASS, EACH END
DESIGNED BY
DATE
CHECKED BY
DRAWN BY
SHEET
TOV JOB NO.
FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE RESTROOM DRAWINGSJGB
JGB
TRO
DRB ELEV
12/1/21
RPT028
1/2"= 1'-0"
A-1BOOTH LAKE TRAILHEAD RESTROOM FACILITYSTEEL DOORS
WATER BOTTLE
FILLER
18'
10'
6'
3'-11"
9'
MECH
ROOM /
PLUMBING
CHASE
UNISEX,
ADA,
SINGLE
USER
UNISEX,
ADA,
SINGLE
USER
WATER BOTTLE FILLER
WINDOW,
OBSCURED
GLASS
December 7, 2021 - Page 46 of 94
ABOVE: PARKING LOT ENTRY
BELOW: PROPOSED RESTROOM BUILDING LOCATION
DESIGNED BY
DATE
CHECKED BY
DRAWN BY
SHEET
TOV JOB NO.
FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE SITE PHOTOSGB
GB
TO
DRB FINAL
12/3/21
RMT028
NA
A-2BOOTH LAKE TRAILHEAD RESTROOM FACILITYABOVE: EXISTING PORTABLE TOILETS
BELOW: VIEW FOR ADJACENT PARKING LOT
December 7, 2021 - Page 47 of 94
DESIGNED BY
DATE
CHECKED BY
DRAWN BY
SHEET
TOV JOB NO.
FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE PROPOSED MATERIALSGB
GB
TO
DRB FINAL
12/3/21
RMT028
NA
A-3BOOTH LAKE TRAILHEAD RESTROOM FACILITYABOVE: DURANGO II RESTROOM BUILDING, BOARD AND BATTON SIDING
BELOW LEFT: STANDING SEAM METAL ROOF, COLOR DARK BRONZE
BELOW MIDDLE: CORRUGATED CORTEN METAL WAINSCOTBELOW LEFT: STANDING SEAM METAL ROOF, COLOR DARK BRONZE
BELOW MIDDLE: CORRUGATED CORTEN METAL WAINSCOT
LEFT: SIDING COLOR, SHERMAN
WILLIAMS "ANONYMOUS"
BELOW: STEPHENS PARK RESTROOM
BOTTOM: SAMPLE OF CORRUGATED
METAL AND PROPOSED COLOR
December 7, 2021 - Page 48 of 94
W
8404.71
8402.90
8401.31
8400.94
8400.63
8400.51
8400.42
8399.598397.09
8394.61
8394.54
8396.50
8397.74
8399.56
8401.53
8402.60
8403.66
8409.79
8414.37
REMOVE EXCESS ASPHALT.
ADD LANDSCAPE SCREENING.
·(1) 6' SPRUCE
·(3) 2" ASPEN
·(7) #5 CHOKECHERRY
6 SPACE BICYCLE PARKING
ADA-COMPLIANT CONCRETE
WALKWAY TO ACCESS FACILITY
NEW RESTROOM FACILITY.
SEE SHEETS A-1 TO A-3
SCALE: 1"= 10'
0'5'10' 20'
TRASH/RECYCLE CANS
DESIGNED BY
DATE
CHECKED BY
DRAWN BY
SHEET
TOV JOB NO.
FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE SITE PLANJGB
JGB
TRO
DRB ELEV
11/3/21
RPT028
1/2"= 1'-0"
L-1BOOTH LAKE TRAILHEAD RESTROOM FACILITYIMPROVE PEDESTRIAN ACCESS
AROUND EXISTING ERWSD GATE
1 ADA COMPLIANT SPACE
16 PARKING SPACES
December 7, 2021 - Page 49 of 94
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: Ordinance No. 24, Series of 2021, First Reading A mending Chapter 4 of Title 1
of the Vail Town Code to P rovide for an Administrative Penalty for the L ate F iling of E mployee
Housing Unit A nnual Verification Affidavits
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: A pprove, approve with modifications, or deny
Ordinance No. 24, S eries of 2021, on first reading.
B AC K G RO UND: P lease refer to the staff memorandum and proposed ordinance for additional
details
S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 24, S eries of 2021 on first reading.
AT TAC H ME N TS:
Description
Ordinance No. 24, Series of 2021 memorandum_12072021
Ordinance No. 24, Series of 2021
December 7, 2021 - Page 50 of 94
To: Vail Town Council
From: George Ruther, Housing Director
Date: December 7, 2021
Subject: Ordinance No. 24, Series of 2021
I. PURPOSE
The purpose of Ordinance No. 24, Series of 2021, is to amend the Vail Town Code to
create an administrative penalty for deed-restricted property owners that fail to meet the
deed restriction compliance deadline of February 1, annually.
If approved, this ordinance will be effective in time for the February 1, 2022 deed
restriction compliance verification deadline. A copy of the proposed ordinance has been
attached for reference.
This action furthers the goals and priorities outlined in the Vail Town Council Action Plan
2018 – 2020 and aligns with the 2018 Housing Policy Statements recently reaffirmed by
the Vail Town Council.
II. BACKGROUND
The Town of Vail has made a sizeable financial investment in the acquisition of deed
restrictions on residential properties to ensure the availability of homes for seasonal and
year-round residents of Vail. All deed restriction agreements are recorded by mutual
consent of the property owner and the Town of Vail. Pursuant to the agreements, the
property owner acknowledges, and has agreed in writing, to submit deed restriction
compliance verification documentation and a signed affidavit to the Town of Vail by no
later than February 1, annually. The purpose of the verification requirement is to protect
the Town’s financial investment and ensure that all deed-restricted homes are being
occupied in full compliance with the terms of the deed restriction agreements.
Not all deed-restricted property owners comply with the deed restriction compliance
verification requirement. In fact, each year, some property owners repeatedly fail to
comply despite courtesy notices or previous enforcement actions. Failure to comply
with the verification requirement results in numerous negative outcomes for the Town of
Vail, including:
December 7, 2021 - Page 51 of 94
Town of Vail Page 2
• Avoidable added costs incurred to the Vail taxpayer to verify compliance,
including enforcement expenses and court costs.
• Loss of staff time and resources that could otherwise be used to focus on
additional developments, programs. and initiatives aimed at increasing the supply
of available housing in Vail.
• Creation of a perception of inequality and fairness of treatment amongst deed-
restricted property owners which results in a loss of credibility for the Town’s
housing efforts.
The Vail Local Housing Authority, serving in an advisory role only, has taken the
proposed amendment under consideration and forwarded a unanimous
recommendation of approval of said amendment to the Vail Town Council.
The Town of Vail Housing Department presented the proposed amendment to the Vail
Town Council on November 16, 2021, along with the recommendation of the Vail Local
Housing Authority. At the conclusion of the presentation, the Town Council instructed
the Housing Department to take the steps necessary to prepare an amending ordinance
for further consideration.
III. ACTION REQUESTED
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 24, Series of 2021, upon first reading.
IV. STAFF RECOMMENDATION
The town staff recommends the Vail Town Council approves Ordinance No. 24, Series
of 2021, on first reading. If approved, the Housing Department, in collaboration with the
Town’s Communications Department, will take immediate action to adequately inform all
deed-restricted property owners of this amendment in advance of the February 1, 2022
verification deadline.
December 7, 2021 - Page 52 of 94
1
12/2/2021
S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2021\EHU VERIFICATION PENALTY-O111821_12072021.DOCX
ORDINANCE NO. 24
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL
TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR
THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL
VERIFICATION AFFIDAVITS
WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town
is empowered to impose penalties for violations of ordinances within its jurisdiction;
WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1
of each year, the owner of each employee housing unit in the Town must file an affidavit
to verify that the employee housing unit is being occupied in accordance with the Vail
Town Code and the deed restriction affecting the employee housing unit;
WHEREAS, the various deed restrictions affecting employee housing units in the
Town contain the same annual verification requirement;
WHEREAS, the Town Council finds and determines that the imposition of an
administrative penalty is necessary to ensure continued compliance with the annual
verification requirement for employee housing units; and
WHEREAS, ensuring continued compliance with the annual verification
requirement for employee housing units in the Town is in the best interest of the public
health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the
addition of a new Section 1-4-5, to read as follows:
1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE
HOUSING UNIT VERIFICATION AFFIDAVITS:
A. Any person who is required by § 12-13-3.A.4 of this Code or any
deed restriction applicable to any real property in the Town to file an annual
verification affidavit, and who fails to file such affidavit, along with all
required supporting documentation, by February 1 of any given year, shall
be liable for an administrative penalty of $250.
B. Written notice of the administrative penalty shall be provided by first-
class United States mail to such person at such person's last known
address. The administrative penalty shall be due and payable within
fourteen (14) days of the date of the notice.
December 7, 2021 - Page 53 of 94
2
12/2/2021
S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2021\EHU VERIFICATION PENALTY-O111821_12072021.DOCX
C. It is unlawful for any person to fail to timely pay the administrative
penalty imposed by this Section. Violations of this Section shall be subject
to the General Penalty set forth in Section 1-4-1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
Ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
___________, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
_____________________________
_____________, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
December 7, 2021 - Page 54 of 94
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: Ordinance No. 25, Series 2021, First Reading Amending Title 12, Zoning
Regulations, Vail Town Code, P ursuant to Section 12-3-7, A mendment, to A mend Section 12-15-
3: Definition, Calculation, and E xclusions, Vail Town Code, to all for Underground Car L ifts to be
A dded and Exempted from G R FA Calculations
P RE S E NT E R(S ): Greg Roy, Planner
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Ordinance No. 25, S eries of 2021, upon first reading.
B AC K G RO UND:
I n summary, G R FA is meant to control the bulk and mass of a building as viewed f rom the exterior
of the property. T he nature of underground car lif ts means that they would not add to the bulk and
mass of the building as viewed from the exterior and should be exempted f rom the G R FA
calculations.
The P lanning and E nvironmental Commission held a public hearing on the proposed prescribed
regulation amendment on November 8, 2021 where a recommendation f or approval was forwarded
to the Vail Town Council by a vote of 6-0-1 (Gillette abstained).
S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications, or deny Ordinance No.
25, S eries of 2021, upon first reading.
AT TAC H ME N TS:
Description
Ordinance 25, Series of 2021 Staff Memorandum
Attachment A. Ordinance 25, Series of 2021
Attachment B. Applicant Narrative 10-27-2021
Attachment C. Staff Memorandum P E C20-0046
Attachment D. P E C Minutes 110821
December 7, 2021 - Page 55 of 94
TO: Town Council
FROM: Community Development Department
DATE: December 7, 2021
SUBJECT: First Reading of Ordinance No. 25, Series of 2021, an ordinance 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 allow for underground car lifts to be added and exempted from GRFA
calculations and setting forth details in regard thereto. (PEC21-0046)
Applicant: Mauriello Planning Group and KH Webb Architects
Planner: Greg Roy
I. SUMMARY
The applicants, Mauriello Planning Group and KH Webb Architects, are requesting
approval 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 allow for underground car lifts to be added and exempted from GRFA
calculations.
The Planning and Environmental Commission held a public hearing on the proposed
prescribed regulation amendment on November 8, 2021 where a recommendation for
approval was forwarded to the Vail Town Council by a vote of 6 -0-1 (Gillette abstained).
II. ACTION REQUESTED OF TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
25, Series of 2021, upon first reading.
Included with this memorandum are the following for review by the Town Council:
A. Ordinance No. 25, Series of 2021
B. Applicant Narrative, 10-27-2021
C. Staff Memorandum, PEC21-0046
D. PEC Minutes from Meeting on 11-8-2021
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Town of Vail Page 2
III. BACKGROUND
The Community Development Department strives for rules and regulations that are
consistent, enforceable, predictable and easily understood. The current code language
does not address underground car vaults which are growing in popularity and are being
requested more frequently. The proposed amendment will clarify the rules around these
new features to ensure they are applied consistently and predictably in the future.
The purpose of the Gross Residential Floor Area (GRFA) chapter of Town Code is noted
below:
“This chapter is intended to control and limit the size, bulk, and mass of
residential structures within the town. Gross residential floor area (GRFA)
regulation is an effective tool for limiting the size of residential structures and
ensuring that residential structures are developed in an environmentally sensitive
manner by allowing adequate air and light in residential areas and districts.”
In summary, GRFA is meant to control the bulk and mass of a building as viewed from the
exterior of the property. The nature of underground car lifts means that they would not
add to the bulk and mass of the building as viewed from the exterior and should be
exempted from the GRFA calculations.
As proposed, the entire vault would be required to be below the finished grade. It will also
not count as a portion of the lowest level for the basement deduction. This prevents a
vault from being used as additional wall area below grade to increase the basement
deduction but also does not penalize applicants for adding a vault that may be below the
basement level of the house.
The benefit of allowing this additional exemption could lessen the visual impacts of
exterior parking or additional garage bays on a home. It could also reduce the amount of
lot area taken up by driveway space to accommodate the minimum parking requirements.
By increasing the amount of possible interior parking, those externalities are removed
from the visual aspect of a residence.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is bold. Sections of text that are not amended have been omitted.):
Proposed new code language
12-15-3 (A)(1)(a):
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
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Town of Vail Page 3
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade
and be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
F. The floor area of the vault shall not exceed three hundred (300) square feet
per vehicle space and not exceeding a maximum of two (2) vehicle spaces
for each allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed
parking that meet the criteria above shall not be considered as part of the lowest
level for the purpose of the deduction for basements in subsection (6) above.
V. OLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
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Town of Vail Page 4
Vail Comprehensive Plan
Land Use and Development Goal #1
• 1.3: The quality of development should be maintained and upgraded whenever
possible.
Vail 2020 Strategic Plan
• Goal #3: Ensure fairness and consistency in the development review process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purpose of the zoning regulations is for “promoting the health, safety, morals,
and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. This text amendment is intended to allow for the addition of underground car
vaults within a building. Doing so will enhance the character of the town as a resident ial
community of the highest quality by reducing the visual impact of surface parking. It will
also reduce the necessity of larger paved driveways to accommodate parking minimums.
Staff finds that the proposed text amendment conforms to this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The proposed text amendment will result in an improved level of development within the
town. While lifts are not prohibited at this time, they may be underutilized due to the
additional square footage of the GRFA requirement or conflicting with a basement level
deduction. Adding this language will keep the Town Code up to date on modern trends
and allow car vaults to be regulated similarly as they become more popular. This will also
have the desirable outcome of allowing more parking inside of a structure with no visual
addition to the structure.
Staff finds that the proposed text amendment conforms to this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
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Town of Vail Page 5
The current regulations were not set up with a consideration of car vaults. As time has
progressed, these have become more affordable and accessible to the single-family or
duplex residence in Vail. Trends predict that these will become more utilized in the future
and it would benefit the Town to set explicit regulations around them.
Staff finds that the proposed text amendment conforms to this criterion.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The proposed language will provide a workable relationship that is consistent with
development objectives. The proposed language fits easily into the GRFA exemptions
and clarifies that it will not conflict with the basement deduction in subsection six. Staff did
not find any conflicts or potential externalities that may arise from explicitly permitting
these car vaults with the included criteria.
Staff finds that the proposed text amendment conforms to this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
VIII. RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 25, Series of 2021, upon first
reading, the Planning and Environmental Commission recommends the Council pass the
following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 25, Series of 2021 an
ordinance 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 allow for underground car lifts to be added and exempted
from GRFA calculations and setting forth details in regard thereto.”
Should the Town Council choose to approve Ordinance No. 25, Series of 2021, the
Planning and Environmental Commission recommends the Council makes the following
findings:
“Based upon a review of Section VII of the November 8, 2021 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Town Council finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
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Town of Vail Page 6
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATT ACHMENTS
A. Ordinance No. 25, Series of 2021
B. Applicant Narrative, 10-27-2021
C. Staff Memorandum, PEC21-0046
D. PEC Minutes from Meeting on 11-8-2021
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ORDINANCE NO. 25
SERIES OF 2021
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND
SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL
TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED
AND EXEMPTED FROM GRFA CALCULATIONS
WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed
regulation amendment (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a
prescribed regulation amendment;
WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that the
Town Council approve the Application;
WHEREAS, the Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town; and
WHEREAS, the Council finds that the proposed amendments further the general and
specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the highest quality.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and
Exclusions, is hereby amended to read as follows:
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade and
be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
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F. The floor area of the vault shall not exceed three hundred (300) square feet per
vehicle space and not exceeding a maximum of two (2) vehicle spaces for each
allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed parking
that meet the criteria above shall not be considered as part of the lowest level for the
purpose of the deduction for basements in subsection (6) above.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases
be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theret ofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public
hearing for second reading of this Ordinance set for the 21st day of December, 2021, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
21st day of December, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
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____________________________
Tammy Nagel, Town Clerk
December 7, 2021 - Page 64 of 94
Zoning Code Text
Amendment
To Amend the Zoning Code to Address the Opportunity
for Mechanical Lift Systems to Provide for Parking
Submitted to the Town of Vail:
September 13, 2021
Revised October 4, 2021
Revised October 27, 2021
Revised November 4, 2021
December 7, 2021 - Page 65 of 94
Introduction
New technologies have allowed for innovative methods to provide enclosed parking which was
not contemplated when the Zoning Code was drafted. While these technologies have been
around for a few years for multi-family or commercial usage, these opportunities have actually
become more affordable and available to apply to single-family or duplex units.
In partnership with KH Webb Architects, Mauriello Planning Group is submitting this application
to amend the Zoning Code, in accordance with Section 12-3-7 Amendment, to allow for the
opportunity to provide for car lift systems in single-family and duplex residential development.
While car lift systems are not prohibited by the Zoning Code, there are other limitations that
make the use of them challenging in single-family and duplex zone districts.
The amendment is proposed for Section 12-15-3: Definition, Calculation, and Exclusions. This
section applies to the following zone districts:
HR - Hillside Residential
SFR - Single-Family Residential
R - Two-Family Residential
PS - Two-Family Primary/Secondary Residential
This section provides for various exclusions from the GRFA limits. The proposed amendment
would add a ninth exclusion, allowing vaults for car lift systems to be excluded from the
calculation of GRFA. The applicant has worked with staff on the language and has proposed
the following:
Underground vaults with a mechanical lift system for the purpose of enclosed parking, if
all the following criteria are met:
a.The vault is only used for the storage of vehicles.
b.The vault floor to the finished floor elevation of the garage does not exceed sixteen
feet (16’) in height.
c.The entire perimeter and volume of the vault shall be below finished grade and be
within the footprint of the garage.
d.The vault is only accessible from within the garage.
e.Any openings to the vault shall be no larger than the minimum required by Building
Code.
f.The floor area of the vault shall not exceed three hundred (300) square feet per
vehicle space and not exceeding a maximum of two (2) vehicle spaces for each
allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed parking
that meet the criteria above shall not be considered as part of the lowest level for the
purpose of the deduction for basements in subsection (6) above.
Because a single garage space is allowed to be 300 sq. ft., allowing the vault space below to
be equal in size is efficient for construction of the foundation of the garage. As the design of
the lift system is a scissor lift, this also allows for adequate circulation around the lift for access
and maintenance. With most parking spaces having a dimension of 10 ft. by 20 ft. or 200 sq.
December 7, 2021 - Page 66 of 94
ft., ideally there would be an additional minimum of 2 ft. on all sides of the lift to allow for
adequate access and maintenance area, which would equate to approximately 336 sq. ft. total.
With a maximum of 300 sq. ft., access, maintenance, and circulation can be accommodated.
There also needs to be space to accommodate an access hatch and latter to the space below
outside to the lift platform itself. The 300 sq. ft. also accommodates this need.
In 2004, when the GRFA limits were increased, there was also an increase in the number of
parking spaces required for homes. Prior to 2004, the parking requirement was a maximum of
2.5 spaces for any home over 2,000 sq. ft. When GRFA was increased, the parking
requirements were drastically increased. Current parking requirements for dwelling units is as
follows:
<2000 sq. ft. = 2 spaces
2,000 sq. ft. - 3,999 sq. ft. = 3 spaces
4,000 sq. ft. - 5,499 sq. ft. = 4 spaces
>5,500 sq. ft. = 5 spaces
Homes now require significantly more parking than what was required previously. The
increased parking requirements have caused projects to have significantly more pavement and
more site disturbance to construct the additional parking spaces. At the same time, there was
no increase in garage credit of 600 sq. ft. per dwelling unit, which equates to approximately 2
parking spaces. The construction of garage area in excess of 600 sq. ft. counts towards GRFA
limitations. However, people are unlikely to build enclosed parking that counts towards GRFA
as living area is more valuable than garage space. If a homeowner does choose to build a
larger garage, it creates a larger footprint, impacting a greater area of the site. Stacking
parking, rather than double loading spaces, is a smaller footprint, with less land dedicated to
parking. Mechanical parking systems are therefore more efficient and have reduced impact on
the environment.
It is the intent of the text amendment that a car lift system will not impact the bulk and mass of
residential structures because the vault is entirely underground. As a result, there is little
impact to adjacent property owners. In fact, adjacent property owners will benefit from
additional enclosed parking rather than having to view parked cars and excessive paved areas.
A car lift system will likely be most beneficial for homeowners looking to do additions to
existing homes. The current regulations often require the creation of additional parking to
serve the new GRFA of an addition. Instead of providing additional pavement to address the
parking requirement, a car lift system could allow a homeowner to provide additional enclosed
parking within an existing garage footprint.
December 7, 2021 - Page 67 of 94
Car Lift Systems
Car lift systems have become more common in multi-family and commercial development. In
communities with little available land, it is a more efficient use of land. Additionally, it can be
much more cost-effective to “stack” vehicles rather than double-loading them. The technology
is not new, but until recently, has been cost-prohibitive for many homeowners. However, the
technology has become more affordable and applications in residential development are being
explored by many homeowners. Generally, the biggest advantage is more parking in less
space.
For residential projects, the intent of the proposal is that the garage level will count towards the
garage credit exclusion. The car drives in at that level, parks, and then is lowered into the vault
which is a level completely below grade. Another car can then park on top of the car within the
vault. For mechanical equipment, there may be an additional space within the vault but below
the level that the car is parked. This area is referred to as the mechanical pit. It is the intention
of the proposed amendment that neither the vault or the pit within the vault count towards
either GRFA or the garage credit exclusion.
Entry Level at Grade
Parking Vault Below Grade
Mechanical Pit
December 7, 2021 - Page 68 of 94
Criteria for Review of Zoning Text Amendment
Section 12-3-7: Amendment provides the criteria for review for a text amendment. This section
states:
Before acting on an application for an amendment to the regulations prescribed in this title, the
planning and environmental commission and town council shall consider the following factors
with respect to the requested text amendment:
(1) The extent to which the text amendment furthers the general and specific purposes of
the zoning regulations
Applicant Analysis: Section 12-1-2: Purpose provides the general and specific purposes of the
Town’s Zoning Code. The purposes are:
G.General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
The general purposes of the Town’s Zoning Regulations identify “conserving and enhancing the
natural environment.” The overall goal of the proposed amendment to allow for car lift systems
is to allow homeowners a creative method of providing required enclosed parking. This means
that there will be less reliance on additional surface parking and the ability for homeowners to
provide additional pervious landscape area, which is beneficial to the natural environment.
H.Specific: These regulations are intended to achieve the following more specific
purposes:
1.To provide for adequate light, air, sanitation, drainage, and public facilities.
2.To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3.To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
4.To promote adequate and appropriately located off street parking and
loading facilities.
5.To conserve and maintain established community qualities and economic
values.
6.To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7.To prevent excessive population densities and overcrowding of the land with
structures.
8.To safeguard and enhance the appearance of the town.
9.To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10.To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11.To otherwise provide for the growth of an orderly and viable community.
December 7, 2021 - Page 69 of 94
Of the above-listed specific purposes, the applicant believes that the proposed amendment
furthers two:
4.To promote adequate and appropriately located off street parking and loading
facilities.
9.To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
The proposed amendment encourages the use of a mechanical lift system to allow for stacked
enclosed parking, which helps to provide appropriately located off-street parking, with no
impact on adjacent property owners and no impact on the bulk and mass of homes.
Furthermore, by encouraging this option, there is less impervious area dedicated to surface
parking. This is beneficial to the environment as impervious area contributes to stormwater
run-off, impacting the local stream ecosystem.
(2) The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town
Applicant Analysis: One of the desirable outcomes of car lift systems is the minimization of
surface parking. The impervious surface of parking areas increases storm-water runoff and
less opportunity for landscape area. The following graphic is intended to outline the benefits of
allowing for car lift systems.
Example:
Duplex Residence with 4,000 sq. ft. of GRFA in each unit
Parking Requirement: 4 spaces per unit
Garage “Credit” or Exclusion: 600 sq. ft. per unit / 2 enclosed spaces per unit
Current Regulations:
= 694 sq. ft. of impervious area to meet minimum parking requirements
Proposed Amendment:
enclosed enclosed
surface
9x19
171 sq. ft.
surface
9x19
171 sq. ft.
enclosed enclosed
surface
9x19
171 sq. ft.
surface
9x19
171 sq. ft.
enclosed enclosed
enclosedenclosed
enclosed enclosed
enclosedenclosed
December 7, 2021 - Page 70 of 94
= stacking the parking allows for 694 sq. ft. of additional landscape area as all parking
is enclosed
The Vail Land Use Plan provides the following Goals and Policies, which are furthered by this
proposed amendment.
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable
Applicant Analysis: Innovation in parking technologies have created opportunities that the
Town’s Zoning Code did not contemplate. The ability to stack parked cars in an enclosed
environment is relatively new, but the application of within single-family or duplex residences
remains cutting-edge. Providing stacked parking with no impact to a structure’s bulk and
mass is beneficial. However, the Town’s GRFA limitations make it challenging. The proposed
text amendment will allow the vault of the system to be excluded from the calculation of GRFA.
This is appropriate as the space is unfinished, inaccessible except for maintenance uses, and
cannot be used for livable area.
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives
Applicant Analysis: In consideration of the proposed amendment, one of the primary goals
was to draft an amendment that would encourage the use of a lift system while not increasing
the bulk and mass of a structure. The amendment is structured to allow the lift system that
creates additional parking below-grade so as to remain consistent with the Town’s bulk and
mass standards, along with the Design Guidelines. One of the hurdles of using a mechanical
car lift system is the GRFA restrictions. The proposed amendment maintains the integrity of
December 7, 2021 - Page 71 of 94
the GRFA requirements, but excludes the space required below-grade from the GRFA
calculations. As a result, the the proposed text amendment is consistent with municipal
development objectives and is harmonious with the existing land use regulations.
(5) Such other factors and criteria the planning and environmental commission and/or
council deem applicable to the proposed text amendment
Applicant Analysis: The applicant can provide any additional information requested by the
Planning and Environmental Commission or Town Council.
December 7, 2021 - Page 72 of 94
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 8, 2021
SUBJECT: 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 allow for underground car lifts to be added and exempted from GRFA
calculations and setting forth details in regard thereto. (PEC21-0046)
Applicant: Mauriello Planning Group and KH Webb Architects
Planner: Greg Roy
I. SUMMARY
The applicants, Mauriello Planning Group and KH Webb Architects, are requesting a
recommendation of approval 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 allow for underground
car lifts to be added and exempted from GRFA calculations .
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval of this application subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicants request a recommendation of approval 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 allow for underground car lifts to be added and exempted from GRFA calculations and
setting forth details in regard thereto. (PEC21-0046)
The purpose of Chapter 15, Gross Residential Floor Area (GRFA) of the Vail Town Code
is noted below:
December 7, 2021 - Page 73 of 94
Town of Vail Page 2
“This chapter is intended to control and limit the size, bulk, and mass of
residential structures within the town. Gross residential floor area (GRFA)
regulation is an effective tool for limiting the size of residential structures and
ensuring that residential structures are developed in an environmentally sensitive
manner by allowing adequate air and light in residential areas and districts.”
In summary, GRFA is meant to control the bulk and mass of a building as viewed from the
exterior of the property. The nature of underground car lifts means that they would not
add to the bulk and mass of the building as viewed from the exterior and should be
exempted from the GRFA calculations.
As currently proposed, the entire vault would be required to be below the finished grade.
It will also not count as a portion of the lowest level for the basement deduction. This
prevents a vault from being used as additional wall area below grade to increase the
basement deduction but also does not penalize applicants for adding a vault that may be
below the basement level of the house.
The benefit of allowing this additional exemption could lessen the visual impacts of
exterior parking or additional garage bays on a home. It could also reduce the amount of
lot area taken up by driveway space to accommodate the minimum parking requirement s.
By increasing the amount of possible interior parking, those externalities are removed
from the visual aspect of a residence.
Please see the applicant’s narrative, dated October 27, 2021, and included as Attachment
A for additional information.
III. BACKGROUND
The Community Development Department strives for rules and regulations that are
consistent, enforceable, predictable, and easily understood. The current code language
does not address underground car vaults which are growing in popularity and are being
requested more frequently. The proposed amendment will clarify the rules around these
new features to ensure they are applied consistently and predictably in the future.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is in bold. Sections of text that are not amended have been omitted.):
Proposed new code language
12-15-3 (A)(1)(a):
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
December 7, 2021 - Page 74 of 94
Town of Vail Page 3
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade
and be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
F. The floor area of the vault shall not exceed three hundred (300) square feet
per vehicle space and not exceeding a maximum of two (2) vehicle spaces
for each allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed
parking that meet the criteria above shall not be considered as part of the lowest
level for the purpose of the deduction for basements in subsection (6) above.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
December 7, 2021 - Page 75 of 94
Town of Vail Page 4
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Vail Comprehensive Plan
Land Use and Development Goal #1
• 1.3: The quality of development should be maintained and upgraded whenever
possible.
Vail 2020 Strategic Plan
• Goal #3: Ensure fairness and consistency in the development review process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purpose of the zoning regulations is for “promoting the health, safety, morals,
and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. This text amendment is intended to allow for the addition of underground car
vaults within a building. Doing so will enhance the character of the town as a resident ial
community of the highest quality by reducing the visual impact of surface parking. It will
also reduce the necessity of larger paved driveways to accommodate parking minimums.
Staff finds that the proposed text amendment conforms to this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The proposed text amendment will result in an improved level of development within the
town. While lifts are not prohibited at this time, they may be underutilized due to the
additional square footage of the GRFA requirement or conflicting with a basement level
deduction. Adding this language will keep the Town Code up to date on modern trends
December 7, 2021 - Page 76 of 94
Town of Vail Page 5
and allow car vaults to be regulated similarly as they become more popular. This will also
have the desired outcome of allowing more parking inside of a structure with no visual
addition to the structure.
Staff finds that the proposed text amendment conforms to this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The current regulations were not set up with a consideration of car vaults. As time has
progressed, these have become more affordable and accessible to the single-family or
duplex residence in Vail. Trends predict that these will become more utilized in the future
and it would benefit the Town to set explicit regulations around them.
Staff finds that the proposed text amendment conforms to this criterion.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The proposed language will provide a workable relationship that is consistent with
development objectives. The proposed language fits easily into the GRFA exemptions
and clarifies that it will not conflict with the basement deduction in subsection six. Staff did
not find any conflicts or potential externalities that may arise from explicitly permitting
these car vaults with the included criteria.
Staff finds that the proposed text amendment conforms to this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section Vll of this memorandum and the evidence and
testimony presented.
December 7, 2021 - Page 77 of 94
Town of Vail Page 6
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for 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 allow for underground car lifts to be added and exempted
from GRFA calculations and setting forth details in regard thereto. (PEC21-0046)”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the November 8, 2021 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATT ACHMENTS
A. Applicant Narrative, October 27, 2021
December 7, 2021 - Page 78 of 94
P L ANNI NG AND E NV I RO NM E NTAL
C O M M IS S IO N
November 8, 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_tX L0eRs9QKieoSkwg888J w
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 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)
20 min.
Applicant:K H W ebb Architects & Mauriello Planning Group
Planner:Greg Roy
Planner Roy introduces item and discussed the history of the application at
the P E C. He talks about the concerns of the board at previous meetings. He
says the applicants have proposed a couple of changes and talks about the
proposed code language.
Dominic Mauriello and Kyle W ebb are present for the applicants. Mauriello
introduces the 300 square foot limitation and the calculations which factored
into this figure.
Webb says it’s a scissor lift, OS HA requires an access panel outside the
footprint of the lift as well as hoses and pumps outside the footprint. He says
this factored into the calculations previously mentioned.
Kurz asks for questions from the board.
Phillips asks if they can be serviced from above with the only access being
within the garage as the language proposes?
Webb says that is true in conversations with four manufacturers.
Kurz says the square footage language and two vehicles per dwelling unit
seems like a reasonable solution. I t will get cars off driveways or parking
areas which is a community benefit. He is in favor. He asks if there is
December 7, 2021 - Page 79 of 94
additional comment?
Perez is pleased to see the changes addressed previous comments from the
board.
There is no public input.
Gillette joins (virtually).
Rollie Kjesbo moved to recommend approval to Town Council. Henry Pratt
seconded the motion and it passed (6-0).
Abstain:(1)Gillette
2.2.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1,
Lodge Subdivision, and setting forth details in regard thereto. (P E C21-
0027)
10 min.
Applicant:Charley Viola (Yama Sushi)
Planner:J onathan Spence
1. This Conditional Use Permit approval is contingent upon the applicant
obtaining Town of Vail approval of an associated design review
application.
2. The applicant shall operate the outdoor patio in a manner generally
consistent with the approved site plan included as an attachment to
this November 8, 2021 memorandum.
Planning Manager J onathan Spence introduces the history of the
application, and the ongoing formalization of outdoor dining footprints. He
talks about the town’s task force which reviewed the applications.
Spence talks about the details of the Yama application, and asks if there are
questions.
Pratt asks about the plan in the materials. He noticed the barrier goes into
the ground in sleeves and asks why that is.
Spence says that was in response to a previous town policy and will be
subject to a future Design Review Board process without the sleeves.
There is no public input.
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
2.3.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the installation of
an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5,
Vail Village Filing 1, and setting forth details in regard thereto. (P E C21-
0037)
10 min.
Applicant:Drew Riley (Russell's)
Planner:J onathan Spence
1. Prior to submitting for the required D RB, the plan will be modified to
have the outdoor seating limited to two tables replacing the existing
bench and one table in front of the garden. (Total of 3 tables)
December 7, 2021 - Page 80 of 94
2. The outdoor seating barricade, to be reviewed by the D RB, shall not
be placed more than two feet from the face of the wall (not the recess
where the bench is).
3. All tables, chairs and barriers shall be completely removed every
evening and not stored against the wall.
Spence references the previous application before the P E C on Oct. 22nd.
He references a photo with the proposed location for a barrier. Staff and
task force are recommending approval with attached conditions.
Pratt says the site plans proposes to store barriers outside at night.
Spence says the conditions address this; the tables will be stored indoors.
Phillips asks if this is only for the summer.
Spence confirms.
There is no public input.
Perez says it is better than what was previously proposed but has a problem
with it near the covered bridge location. Pratt concurs.
Rollie Kjesbo moved to approve with conditions. Reid Phillips seconded the
motion and it passed (5-2).
Ayes:(5)Gillette, Kjesbo, Kurz, Phillips, Seibert
Nays:(2)Perez, Pratt
2.4.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 223 Gore Creek Drive Unit E/Lot A,
Block 5B, Vail Village Filing 1, and setting forth details in regard thereto.
(P E C21-0052)
The applicant has requested this item be tabled.
2 min.
Applicant:Michael Stadler (Up the Creek Bar & Grill)
Planner:J onathan Spence
Brian Gillette moved to table. Karen Perez seconded the motion and it
passed (7-0).
2.5.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 193 Gore Creek Drive Unit B/Tract A,
Block 5B, Vail Village Filing 1, and setting forth details in regard thereto.
(P E C21-0034)
This application has been withdrawn. No action necessary.
Applicant:Matt Morgan (Sweet Basil & Mountain Standard)
Planner:J onathan Spence
3.Approval of Minutes
3.1.October 25, 2021 P E C Results
December 7, 2021 - Page 81 of 94
Kurz clarifies the spelling of Seibert for the minutes.
Karen Perez moved to approve. Rollie Kjesbo seconded the motion and it
passed (7-0).
4.I nformational Update
4.1.Update to the Planning and Environmental Commission on the status of the
Gore Creek Spill report.
Applicant:
Planner:
Watershed Education Coordinator Wadden says he doesn’t have a lot of
new information. Three state agencies are investigating: Colorado Parks
and W ildlife (C P W ), the Colorado Department of Agriculture, and the
Colorado Department of Public Health and the Environment (C D P HE). We
should have something from C P W by the end of the year and C D P HE has
undertaken statewide investigation of Vail Resorts’ snowmaking operations.
Phillips asks what authority the P E C has with this incident. He says he
understands that there is a report that was authored by Vail Resorts, he
wants to see if the P E C can get a copy of the report sent to Eagle River
Water and Sanitation District and C D P HE.
Wadden says the report is publicly available.
Phillips says there were protocol and operational problems. He would like
the board to view the report before the next meeting. He asks what the
P E C’s authority is to ask for representation to this committee to address
questions. Can we ask for that?
Spence says you could certainly request that. I f there was a conditional
use permit attached to it in town, that would be the framework for
discussion, but this occurred outside of the town. He will consult with town
staff on this issue.
Perez asks if the issue will go to the joint-environmental council.
Spence asks for clarification.
Kurz clarifies the Open Space Committee.
Spence says they’re not tasked with this.
Wadden says Town Council will be briefed.
Perez asks for a summary of the Vail Resorts report.
Wadden says he is not comfortable sharing from memory but happy to
share the document. His department is waiting for state agencies to make
their final reports.
Pratt asks about another incident involving yellow paint.
Wadden says the hospital parking lot was being re-striped during
Halloween weekend. The contractor hired by the hospital spilled or dumped
a half gallon of paint into the storm drain. Thanks to observations by a Vail
December 7, 2021 - Page 82 of 94
Town Council member, they got out there with a vacuum truck before too
much was discharged to the creek.
Pratt asks about the citation and what it meant.
Wadden says the Police and Fire Department were present. The
police took statements and Environmental Sustainability submitted
spill reports to C D P HE. The hospital will be billed for the vacuum
truck operations, staff time, and equipment.
Kurz thanks Seibert for his service on the P E C and wishes him luck
moving forward.
Spence says there will be one more P E C meeting with Seibert
present.
5.Adjournment
Rollie Kjesbo moved to adjourn. Karen Perez 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
December 7, 2021 - Page 83 of 94
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: Ordinance No. 26, Series 2021, an Ordinance Amending Title 4, Chapter 3 of the
Vail Town Code to Codify the I mposition of a Voter-A pproved I ncrease in the Town's Existing
S ales Tax, E ffective J anuary 1, 2022
P RE S E NT E R(S ): K athleen Halloran, F inance Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, or approve with amendments the first reading
of Ordinance 26, Series 2021.
B AC K G RO UND: Town of Vail voters approved a 0.5% increase in sales tax on all items,
excluding food for home consumption, effective J an 1, 2022, and sunsetting on December 31,
2052. The increase in sales tax is dedicated to funding housing initiatives, housing developments,
and housing programs. The purpose of Ordinance No. 26, S eries 2021 is to amend Title 4,
Chapter 3 to codify the new tax rate and exemption.
S TAF F RE C O M M E ND AT IO N: A pprove, or approve with amendments the first reading of
Ordinance 26, Series 2021.
AT TAC H ME N TS:
Description
211207 Ballot Issue 2A Sales Tax Increase
December 7, 2021 - Page 84 of 94
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: December 7, 2021
SUBJECT: Voter-Approved Sales Tax Increase, Ordinance No. 26, Series 2021
I. SUMMARY
Town of Vail voters approved a 0.5% increase in sales tax on all items, excluding food for
home consumption, effective Jan 1, 2022, and sunsetting on December 31, 2052. The
increase in sales tax is dedicated to funding housing initiatives, housing developments, and
housing programs. The purpose of Ordinance No. 26, Series 2021 is to amend Title 4,
Chapter 3 to codify the new tax rate and exemption.
II. BACKGROUND
During the November 2021 election, voters approved ballot initiative 2A for a 0.5% increase
to sales tax increasing the existing local tax rate from 4.0% to 4.5% on all items with the
exception of food for home consumption, which will remain taxed at 4.0%. The revenues
from the tax increase will be used to fund housing initiatives, housing developments, housing
programs and related activities. The tax will be collected and remitted by all retailers
engaged in business in the Town. Prior to the ballot initiative, a survey of likely voters was
conducted in July of 2021. The survey results indicated 57% of respondents supported a
sales tax increase to fund housing initiatives. Ballot initiative 2A was passed with 53.54%
voter approval. The additional tax rate is estimated to generate $4.3 million for the town’s
Housing Fund in the first year.
In March of 2019, the Town of Vail adopted Colorado Municipal League (CML) standard tax
definitions to simplify the sales tax code. This effort was done in coordination with other
jurisdictions across the state to unify tax definitions, thereby reducing the burden of
collections on retailers. Ordinance 26, Series of 2021 utilizes the standard definition of Food
for Home Consumption in codifying the new tax rate and exemption.
III. ACTION REQUESTED FROM COUNCIL
Approve, or approve with amendments the first reading of Ordinance 26, Series 2021.
1
December 7, 2021 - Page 85 of 94
ORDINANCE NO. 26
SERIES 2021
AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN
CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED
INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE
JANUARY 1, 2022
WHEREAS, at the November 2021 regular Town election, a majority of the
registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to
raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and
remaining in effect until December 31, 2052, to fund housing initiatives, housing
developments, and housing programs; and
WHEREAS, the Town Council desires to update the Vail Town Code to reflect the
imposition of the additional 0.5% sales tax that was approved at the November 2, 2021
election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the
insertion of the following definition:
4-3-1-2: DEFINITIONS:
FOOD FOR HOME CONSUMPTION: means food for domestic home
consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not
include carbonated water marketed in containers; chewing gum; seeds and
plants to grow foods; prepared salads and salad bars; packaged and
unpackaged cold sandwiches; deli trays; and hot or cold beverages served
in unsealed containers or cups that are vended by or through machines or
non-coin-operated coin-collecting food and snack devices on behalf of a
vendor.
Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows:
4-3-1-5: EXCESS TAX; REMITTANCE:
If any vendor, during any reporting period, collects as a tax an amount in
excess of four percent (4%) four and one half percent (4.5%) of such
vendor's total taxable sales, then such vendor shall remit to the Finance
Director the full net amount of the tax imposed in this chapter and also such
excess amount. The retention by the retailer or vendor of any excess
amount of tax collections over the four percent (4%) four and one half
percent (4.5%) of the total taxable sales of such retailer or vendor or the
intentional failure to remit punctually to the Finance Director the full amount
required to be remitted by the provisions of this Chapter is declared to be a
Ordinance No. 26, Series 2021
December 7, 2021 - Page 86 of 94
2
violation of this Chapter and shall be recovered, together with interest,
penalties and costs as provided in this Chapter.
Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as
follows:
4-3-3-1: PROPERTY AND SERVICES TAXED:
* * *
E. Food and Drink:
1. Upon all sales of food.; except that the sale of food for home
consumption as defined herein shall be taxed at the rate of four percent
(4%) of the amount of the sale.
* * *
Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as
follows:
4-3-3-2: COLLECTION OF SALES TAX:
A. When Due and Payable: Every retailer, also in this Chapter called
"vendor", engaged in business in the Town shall, irrespective of the
provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible
for the payment of an amount equal to four percent (4%) four and one half
percent (4.5%) of all sales made by such retailer of commodities or services
as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the
twentieth (20th) day of each month make a return to the Finance Director for
the preceding calendar month and remit an amount equal to said four
percent (4%) four and one half percent (4.5%) on such sales to said Finance
Director. For the purposes of this subsection, all such returns and
remittance shall be considered made to the Finance Director on or before
the twentieth day of each month if they are sent via the United States mail
and are postmarked on or before the twentieth day of each month. If the
twentieth day of any month falls on a weekend or holiday, said return and
remittance may be postmarked the following business day. Such returns of
the taxpayer or duly authorized agent shall be furnished by the Finance
Department. The Town shall use the standard Municipal Sales Tax
reporting form and any subsequent revisions thereto adopted by the
Executive Director of the Department of Revenue by the first month
commencing one hundred twenty (120) days after the effective date of the
regulation adopting or revising such standard form.
* * *
Ordinance No. 26, Series 2021
December 7, 2021 - Page 87 of 94
3
Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as
follows:
4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX:
* * *
B. Percentage of Tax: There is imposed upon all sales of commodities
and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the
rate of four percent (4%) four and one half percent (4.5%) of the amount of
the sale, to be computed in accordance with the schedules or system set
forth in the rules and regulations prescribed therefor. Said schedules or
systems shall be designed so that no such tax is charged on any sale of
twenty four cents ($0.24) or less.
* * *
Section 6. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 7. The amendment of any provision of the Vail Town Code in this
Ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
__________, Mayor
ATTEST:
____________________________
Ordinance No. 26, Series 2021
December 7, 2021 - Page 88 of 94
4
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
_____________________________
___________, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 26, Series 2021
December 7, 2021 - Page 89 of 94
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: Ordinance No. 23, Series 2021, S econd reading, an Ordinance Providing for the
L evy Assessment and Collection of the Town P roperty Taxes Due for the 2021 Year and P ayable
in the 2022 F iscal Year
P RE S E NT E R(S ): Carlie Smith, Financial S ervice Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No.
23, S eries 2021.
B AC K G RO UND: The town is required by Colorado state law to certify the mill levy by December
15th of each year.
S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 23,
S eries 2021.
AT TAC H ME N TS:
Description
120721 Mill Levy 2nd
December 7, 2021 - Page 90 of 94
TO: Vail Town Council
FROM: Finance Department
DATE: December 7, 2021
SUBJECT: Mill Levy Ordinance
I.SUMMARY
Authorization for the collection of property taxes in 2022.
II.DISCUSSION
At the last Council meeting on November 16th, you were asked to approve the first reading of this
ordinance. Since then we have now received the updated valuations from Eagle County and the
second reading of this mill levy ordinance has been revised accordingly.
Staff requests that Council approve this ordinance upon second reading on Tuesday evening.
This ordinance authorizes the collection of property taxes in 2022 based upon 2021 assessed
valuations of property within the town’s boundaries. Eagle County is responsible for assessing
values and for collecting property taxes on our behalf. The town is required by Colorado state
law to certify the mill levy by December 15 of each year. The certification has been submitted to
the County.
The attached ordinance has been updated to reflect revised assessed valuations from the
county. The valuations increased by 0.28% from earlier estimates, or approximately
$16,025 impact to the previous valuation.
The property tax authorized by the attached ordinance will generate $5,742,132 in revenue in
2022, representing approximately 7.6% of the town’s total revenue.
December 7, 2021 - Page 91 of 94
Ordinance 23, Series of 2021
ORDINANCE NO. 23
SERIES OF 2021
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND
PAYABLE IN THE 2022 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2021 year and payable in the 2022
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1.For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2022 fiscal year, the Town Council hereby levies a property
tax of 4.736 mills upon each dollar of the total assessed valuation of $1,212,443,460 for the 2021
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,742,132 calculated as follows:
Base mill levy 4.690 $5,686,360
Abatement levy .046 _ 55,772
Total mill levy 4.736 $5,742,132
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3.The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4.The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
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Ordinance 23, Series of 2021
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 16th day of November, 2021. A public hearing shall be
held hereon at 6 P.M. on the 7th day of December, 2021, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
______________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Scott Robson, Town Manager
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL
this 7th day of December 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
December 7, 2021 - Page 93 of 94
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A djournment 7:50 pm (estimate)
December 7, 2021 - Page 94 of 94