HomeMy WebLinkAbout2022-02-15 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 PM, February 15, 2022
Meeting to be held in C ouncil Chambers and Virtually (access
High 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
3.2021-2022 Winter Season Updates from Beth Howard, C O O, Vail Mountain,
Vail Resorts, Inc. (15 min.)
4.Federal Legislation Updates from Congressman Joe Neguse (20 min.)
5.Consent Agenda (5 min.)
5.1.Contract with Kaleidoscope Productions for the production of the Spring
activations
Background: Staff published an RF P for spring activations as proposed at
the February 1, 2022 meeting. 5 proposals were received and reviewed with
Town Staff and Vail Resorts. Staff is recommending moving forward with the
proposal received from Kaleidoscope Productions to produce a music
focused series of activations.
Staff Recommendation: Direct the Town Manager to enter into an
agreement on a form approved by the town attorney with Kaleidoscope in an
amount not to exceed $250,000 for the execution of the spring activation
event.
6.Town Manager Report (10 min.)
6.1.Council Retreat Recap
6.2.Public Health Update
7.Presentations / Discussion
February 15, 2022 - Page 1 of 141
7.1.Short Term Rental Study- Part 2 60 min.
Presenter(s): Alex J akubiec, Town of Vail Revenue Manager; Andrew
Knudtsen, Economic & Planning Systems I nc; and Chris Cares, RRC &
Associates
Action Requested of Council: Please provide feedback to staff regarding
the second phase of short term rental study.
Background: The purpose of this memorandum is to summarize the
information gathered by RRC Associates and Economic & Planning
Systems I nc. (E P S) in the second phase of a comprehensive study of the
Vail short-term rental (S TR) market and provide an opportunity for Council
to consider current and future regulations of S TRs.
Staff Recommendation: Please provide feedback to staff regarding the
second phase of short term rental study.
8.Action Items
8.1.Resolution No 4, Series of 2022, a Resolution Approving a Development
Agreement for Phase Two Residences at Main Vail between the Town of
Vail and Triumph Development W est. LLC
20 min.
Presenter(s): Greg Hall Director of Public Works, Kathleen Halloran
Finance Director Matt Mire Town Attorney
Action Requested of Council: Approve, amend or deny Resolution No.4,
Series 2022 and adjust the budget pursuant to staff memo.
Background: Resolution No. 4, Series of 2022 regarding a development
agreement for Phase 2 of the Residences at Main Vail housing project.
Phase 2 includes construction of the building and site improvements for the
project as approved. Triumph Development W est will develop the 72 unit
project for the Town
Staff Recommendation: Approve, amend or deny Resolution No.4, Series
2022 and adjust the budget pursuant to staff memo.
9.Public Hearings
9.1.Ordinance No. 1, Series of 2022 - Second Reading - Zone District
Boundary Amendment allow for the rezoning of a portion of Lot 15, Block 1,
Vail Village Filing (826 Forest Road) from Two-Family Primary/Secondary
Residential (P S) to Outdoor Recreation (OR) and to zone a portion of the
Forest Road ROW to Two-Family Primary/Secondary Residential (P S).
5 min.
Presenter(s): J onathan Spence, Planning Manager
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 1, Series of 2022, upon second reading.
Background: Zone District Boundary Amendment to address the zoning of
parcels contained in the Forest Road land swap, Ordinance No. 14, Series
of 2021.
Staff Recommendation: Approve, approve with modifications, or deny
Ordinance No. 1, Series of 2022, upon second reading.
10.Adjournment
10.1.Adjournment 8:45 pm (estimate)
February 15, 2022 - Page 2 of 141
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
website the week following meeting day, www.highfivemedia.org.
P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
February 15, 2022 - Page 3 of 141
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Contract with Kaleidoscope P roductions for the production of the Spring
activations
B AC K G RO UND: S taff published an R F P for spring activations as proposed at the F ebruary 1,
2022 meeting. 5 proposals were received and reviewed with Town S taff and Vail Resorts. Staff is
recommending moving forward with the proposal received from Kaleidoscope P roductions to
produce a music focused series of activations.
S TAF F RE C O M M E ND AT IO N: Direct the Town Manager to enter into an agreement on a form
approved by the town attorney with K aleidoscope in an amount not to exceed $250,000 for the
execution of the spring activation event.
AT TAC H ME N TS:
Description
Memo - Spring Activation Plan and Contract
February 15, 2022 - Page 4 of 141
To: Vail Town Council
From: Economic Development Department
Date: 2/15/2022
Subject: Spring Event Activation and 2022 Event Funding
I. SUMMARY
The primary purpose of this memo is to summarize a shift in the recommended
strategic direction for spring event activation in Vail. Given current occupancy and
visitation trends for the winter season, the town and Vail Mountain have realigned
the event strategy and financial partnership against goals to address high visitation
in the resort and town to deliver an enhanced guest experience through the end of
the winter season. A secondary purpose of this memo is to request the use $50,000
allocated to spring activation for an end of season Vail employee concert and
celebration on April 25, 2022, and to address the funding of events for the remainder
of the year.
II. BACKGROUND
Spring Activation
At the January 18, 2022, Town Council Meeting, staff proposed a change to the
traditional spring programming, moving away from large 2-day concerts toward a
longer period of activations intended to elevate the guest experience during a busy
spring. On February 4 staff published an RFP for approximately seven weeks of
programming and received five proposals. The RFP asked for creative ideas for
activating three base areas, Vail and Lionshead villages and on-mountain locations
with music and other creative and engaging programming. The total budget for the
project is $250,000, with $125,000 each provided by Town of Vail and Vail Resorts.
Proposals were received from Imprint Events Group, Kaleidoscope Productions,
Powabunga, Resort Entertainment, and Shakedown Presents. After reviewing the
proposals internally and with Vail Resorts, the recommendation is to contract with
Kaleidoscope for the execution of the spring activations.
February 15, 2022 - Page 5 of 141
Town of Vail Page 2
The proposal from Kaleidoscope includes musical programming in different areas
around town, aligning with the Vail Après program and branding. Highlights include
on-mountain musical activations at Eagles Nest and Mid Vail, DJ and musical acts at
the Arrabelle Square, a stage and video wall at the international bridge and two
weekends of mid-scale concerts at Golden Peak in April. Kaleidoscope is a known
event production partner to the town and is well equipped to manage multiple
activations spaces across town and to deliver quality production and right sized
activations.
End of Season Employee Concert and Celebration
As suggested by Council, staff has collaborated with Vail Resorts to create a plan to
honor and celebrate Vail employees with daytime activations and an employee
concert on the day after the mountain closes. Vail Resorts is partnering on the
concert and celebration, which would take place at Ford Park, and will provide
financial support in an amount yet to be determined but close to town funding
amount. Staff would publish an RFP to identify an event producer to present a
ticketed concert with regional talent. Ticketing would require validation of working in
Vail. Participation from Prima Vail, Vail Resorts, and the Vail Chamber will be
encouraged to further recognize the efforts of our local employees throughout this
season. Staff is requesting $50,000 for this concert, to be funded from the budget
already allocated to spring activation.
Events Funded for 2022
The funding allocations were paused at the request of staff for events occurring after
Q1 while staff and CSE conducted a review of the funding model. Given the
evolution of the funding model and the need for funding certainty among Vail’s event
partners, staff recommends confirming in writing all funding recommendations made
by CSE and Council for events in Q2, Q3 and Q4 2022. This would result in the full
funding for the remaining slate of events as allocated for 2022, except for December
concerts. While staff is comfortable confirming funding allocations for most of the
remaining events in 2022, more time is needed for the Town and Vail Resorts to
align goals and strategy for winter early season programming. It is expected that an
RFP would be published in June for December 2022 activation.
III. STAFF RECOMMENDATION
1. The Economic Development team proposes a reallocation of $125,000 from
Town Council budget originally allocated to Spring Back to Vail, which will be
matched with a $125,000 contribution from VR for spring activation. The
combined budget of $250,000 will enable the VR and Town team to effectively
activate the seven-week period to provide an enhanced guest experience for
everyone (guests, employees, and residents), along with a solid return on
investment through improved engagement with Vail restaurants, businesses, and
lodging establishments.
February 15, 2022 - Page 6 of 141
Town of Vail Page 3
2. Staff proposes a reallocation of $50,000, originally budgeted for Spring Back to
Vail, with additional funding provided by Vail Resorts, to secure an event
producer to produce the end of season employee concert and celebration.
3. The Economic Development Team recommends that the funding allocations
recommended by CSE and Staff for council funded events occurring after Q1 are
confirmed except for the December concerts, which will be evaluated with Vail
Resorts in the coming months with an RFP being issued in June.
IV. ACTION REQUESTED OF COUNCIL
1. Direct the Town Manager to enter into an agreement on a form approved by the
town attorney with Kaleidoscope in an amount not to exceed $250,000 for the
execution of the spring activation event.
2. Reallocate $50,000 from the event funding budgets previously allocated to
Spring Back to Vail to an end of season employee concert and celebration.
3. Approve the funding allocations for events as recommended by CSE and Staff
for council funded events except for December concerts.
February 15, 2022 - Page 7 of 141
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: Council Retreat Recap
February 15, 2022 - Page 8 of 141
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 Update
February 15, 2022 - Page 9 of 141
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: Short Term Rental Study- Part 2
P RE S E NT E R(S ): Alex J akubiec, Town of Vail Revenue Manager; A ndrew K nudtsen, Economic
& P lanning S ystems I nc; and Chris Cares, R R C & A ssociates
AC T IO N RE Q UE S T E D O F C O UNC I L: Please provide feedback to staff regarding the second
phase of short term rental study.
B AC K G RO UND: The purpose of this memorandum is to summarize the information gathered by
R R C Associates and Economic & P lanning S ystems I nc. (E P S) in the second phase of a
comprehensive study of the Vail short-term rental (S T R) market and provide an opportunity for
Council to consider current and future regulations of S T Rs.
S TAF F RE C O M M E ND AT IO N: Please provide feedback to staff regarding the second phase
of short term rental study.
AT TAC H ME N TS:
Description
021522 Short-Term Rental Study Pt 2
021522 Short-Term Rental Study Pt 2 P P
February 15, 2022 - Page 10 of 141
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: February 15, 2022
SUBJECT: Short-Term Rental Study – Pt. 2
I. SUMMARY
The purpose of this memo is to summarize the information gathered by RRC Associates and
Economic & Planning Systems Inc. (EPS) in the next phase of a comprehensive study of the
Vail short-term rental (STR) market and provide an opportunity for Council to consider current
and future regulations of STRs. Staff has included updates on the current STR regulation
enforcement and information about additional regulatory options. Based on Council’s
feedback, staff will return on March 15th with recommendations for potential policy changes
for Council’s consideration.
II. BACKGROUND
The initial phase of this study provided an analysis of registered STRs units and their impacts
to the current housing inventory in Vail as of December 2021. Overall, 31% of housing units
in Vail were registered at the end of the year. Housing units and STRs were further analyzed
by neighborhood and by business license Zone areas (1 & 2). The council indicated that
impacts to affordable housing from STRs in Zone 2 were of particular concern; in 2021,18%
of units in Zone 2 were registered as an STR.
During the first presentation of this study, the council identified several areas for further
research which the next phase of the study has focused on. These include:
Analysis of prior property usage before becoming an STR property
Identifying STR locations as they relate to the local zoning ordinance
Home sales data as it relates to STRs
Deeper analysis on the saturation of STRs in individual neighborhoods and areas
Deeper analysis on types of housing utilized as STRs; in particular, condo properties
Census data on property usage and demographics
Potential approaches toward updated regulation of STRs
February 15, 2022 - Page 11 of 141
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III. DISCUSSION
Short-Term Rentals and Prior Property Usages
During the first phase of this study, the council requested further identification of properties
that may have been used as full-time resident housing prior to becoming an STR. While the
Town does not track this type of property usage at an individual unit level, the second phase
of this study provides a detailed analysis of available data to create an overall understanding
of the Vail housing inventory as it relates to this issue.
Three data sources specifically have been identified with primary relevancy to this issue;
2021 real estate sales in Vail from the Multiple Listing Service (MLS) were collated with
existing STR registration data, American Community Survey (ACS) information on population
and housing trends, and deeper analysis of affordable housing stock utilized as STRs.
American Community Survey and Voter Registration Data
Another data point that was used to understand prior property usage and overall trends was
housing occupancy statistics utilizing census data. A comparison of housing trends from the
American Community Survey (ACS) in 2010 and 2019 indicated that the number of vacant
homes combined with those used for seasonal, recreational, or occasional uses did not
change significantly between the two time periods. These “vacant” properties, which include
STRs, represent 69% of the town’s housing stock. This vacancy rate is comparable to many
peer, resort communities, however, it is one of the highest rates in the State.
The Colorado Department of Local Affairs (DOLA) also tracks vacancy rates in communities.
Their 2020 report shows Vail as having the 8th highest occupancy rate out of 375 jurisdictions
and areas. Breckenridge and Winter Park were two Colorado peer resort communities with
higher vacancies than Vail.
The ACS data also tracks occupied housing with a few notable trends. Between 2010 and
2019 long-term renter-occupied units decreased from 16% to 9%, while owner-occupied long-
term units increased from 18% to 22%. Taken together, these represent a net loss of 162
long-term units over 9 years or 2.2% of all housing inventory. With data only available
through 2019, it is unknown how these figures have changed since the onset of the Covid-19
pandemic which has increased migration to mountain communities.
In comparison, the most recent voter data suggests that the local full-time population in Vail
has increased in this time frame. From 2014 to 2021 voter registrations went up by 10.6% or
424. The demographic composition of voters has also changed with fewer younger (aged 18-
34) registered voters and an increasing number of voters over age 75.
Taken all together, an interpretation of the ACS data which shows that long-term rental units
in town are decreasing may correlate to decreasing numbers of people under the age of 35,
and increased owner-occupied units may correlate to increasing numbers of retirement-aged
persons.
February 15, 2022 - Page 12 of 141
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Short-Term Rentals and Zoning
The Town of Vail does not currently regulate STRs as a property use through its zoning
ordinance but instead has a separate regulatory ordinance that permits such a use.
Vail as a community is similar to other resort towns in that it has many properties which were
purpose-built as vacation properties in residential areas. A secondary ordinance was created
specifically for regulating STRs in Vail outside of the zoning ordinance. Short-Term Rental
properties are by legal definition residential dwelling units. As such 53.3% of STR
registrations are in residentially zoned areas. Detailed charts showing the number of STRs in
different zoning districts have been included as Exhibit A.
Short-Term Rental Condos and Residential Neighborhood Saturation
To provide a more detailed view of STRs in Vail in varying areas, each registration has been
mapped in detailed areas of Town, which correlate to MLS neighborhood areas. Overall, 32%
of residential parcels within the town are registered STRs, however, these detailed maps
show that this saturation is not equal in all areas and is less pervasive in outlying
neighborhoods. For example, in West Vail, south of I-70, 19% of residential parcels are
STRs, North of I-70 this number drops to 7%. Sandstone and Lionsridge are higher at 36%,
but these areas also contain a large number of registrations at properties that are purpose-
built as vacation properties such as Simba Run, Vail Run, and Sandstone Creek Club. These
properties have 24/7, on-site management. Excluding registrations at these properties, the
saturation rate is 20% in this area. In East Vail, 19% of parcels are registered as STRs, but
excluding those with 24/7 front desks reduces the rate to 11%. Comparatively, in business
license Zone 1, 51% of parcels are registered for use as an STR.
Exhibit B attached to this memo shows condos registered as STRs by neighborhood and by
condo building/development name. This inventory list is useful to assess which developments
are more attractive for use as STRs and also provides another layer of granular data on the
saturation of STRs in neighborhoods.
MLS Home Sales Data
MLS data indicates that in 2021, 410 real estate sales occurred within the Town of Vail. This
represents 5.5% of all housing units within the town, excluding accommodation units. Of
these transactions, 33.6% or 138 properties were registered as an STR during 2021, either
prior to the sale, after the sale, or both. Comparatively, 31% of all residential parcels in town,
or 2,454 units, were utilized as an STR in 2021.
Of the 138 STRs sold during 2021, 29.7% or 41 were in business license Zone 2 areas (East
Vail, West Vail, and Sandstone). These properties were sold at an average of $757 per
square foot. Comparatively, the 97 STRs sold in business license Zone 1 (Vail Village,
Lionshead, and Cascade Village) were sold at an average of $1,789 per square foot.
Of the 41 STRs sold in Zone 2, 26 were previously registered as STRs and the other 15
properties were registered for the first time in 2021. Six of the new STRs were sold for $400K
to $900K, 6 were sold for $1.2M to $2.0M, and 2 were sold for $2.6M to $2.7M. The median
price was $1.75M.
February 15, 2022 - Page 13 of 141
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STR registration data lags behind actual STR activity and all 2021 property sales now utilized
as STRs may not have been registered at the time of assessment. While this is a limited
sample of data, it validates that a portion of home sales in Zone 2 areas are being purchased
and registered to become an STR. However, Vail’s overall percentage of residential units
being used as STRs remains stable at approximately 31% of total inventory.
Attached is the PowerPoint slide presentation of “Part 2” of the STR study. The focus of the
second work session is to dive deeper into the types of properties utilized as STRs and asses
the Vail context, relative to STR activity and vacation property usage.
Summary of Key Data Points Obtained from the STR Study
31% of residential parcels were registered as STRs (a total of 2,454 units)
18% of units in Zone 2 were registered as an STR in 2021 with new registrations in
Zone 2 occurring at a higher rate since January 2020 than in prior years
138 of the 410 properties sold during 2021 were registered as an STR before the sale,
after the sale or both
Vacant homes and those used for seasonal, recreational, or occasional uses represent
69% of the town’s housing stock according to the ACS; this did not change
significantly between 2010 and 2019
Saturation of STRs in Zone 2 is significantly lower than the overall rate of 32%. When
adjusted for STRs located in developments with 24/7 onsite management, the
saturation rate is at or below 20% in these areas.
The data may suggest that the increases in number of STRs Vail has experienced in recent
years has had a modest impact on overall owner and renter-occupied housing. At the same
time, Vail has one of the highest proportions of vacant housing units in the State. Considering
the overall vacancy rate and identifying an ideal proportion of resident and non-resident
occupied housing for the community may provide some direction in considering additional
regulation of STRs.
An overview of the existing STR ordinance has been included in this memo as Exhibit C.
IV. ACTION REQUESTED OF COUNCIL
Please provide feedback to staff regarding this second phase of data on short-term rentals in
Vail. Staff will return to the March 15th council meeting to present potential policy changes to
the STR ordinance for consideration. This will include:
Limits on STR activity in Zone 2
Increases to registration fees to cover, at minimum, administrative costs of the
program and explore potential STR mitigation fees based on impacts to the community
Review current violation fine structure
Bolster STR registration requirements including health and life safety standards and
neighborhood impacts
Are there other short-term rental regulations and policies Council would like to consider?
February 15, 2022 - Page 14 of 141
n=2332Zoning DistrictVail Village Lionshead Village Cascade Village West Vail East Vail Sandstone** This is not a comprehensive list of Commercial Core 196zoning districts, but only those Commercial Core 222identified with STR registrations locatedCommercial Core 31in them. Commercial Service Center32Lionshead Mixed Use 1679Public Accommodation166Ski Base/Recreation1Ski Base/Recreation 25Low Density Multi‐Family (MF) Residential14 98 65Medium Density MF Residential14 161 123High Density MF Residential296525 6 115Residential Cluster2264 36 12Single‐Family Residential32Two‐Family Primary/Secondary Residential181285 15 6Two‐Family Residential321 49 1Vail Village Townhouse5Cascade Village Development (not a Zone district)81Totals 647 694 135 164 368 324Business License Zone 1Business License Zone 2STR Registrations by Zoning District and NeighborhoodSTRs in Vail are not currently regulated through the Town’s zoning ordinance, but are permitted through a separate regulatory ordinance. There is currently no limitation as to where an STR may be located, except that certain deed restricted and employee housing units may not be used for such a purpose. The following charts show the relative number of STRs in various Zoning Districts and neighborhoods.Exhibit A February 15, 2022 - Page 15 of 141
All Seasons 20 Manor Vail 82 Vantage Point 40
Northwoods 18 Mountain Haus 54 Lionshead Arcade 13
9 Vail Rd 16 Lodge at Vail 41 Enzian 12
Villa Cortina 16 Apollo Park 40 Lionshead Centre 11
Rams Horn 13 Solaris 33 Tree Tops 10
Village Core Condos 13 Lodge Tower 30 Gore Creek Residences 3
Scorpio 11 One Willow Bridge 18 Total 89
Bridge Street Lodge 10 Four Seasons 17
Vail Trails Chalets 9 Riva Ridge South 13
Vail Trails East 9 Sebastian 12 Antlers 84
Village Center Condos 9 The Willows 11 Lion Square Lodge 76
Villa Valhalla 8 Christiania 6 Landmark 59
Vail Village Plaza Condos 7 The Wren 5 Arrabelle 43
Village Inn Plaza 7 Austria Haus 4 Ritz‐Carlton 41
Plaza Lodge 6 Chalets at the Lodge at Vail 4 Lodge at Lionshead 37
Alphorn 5 Riva Ridge North 2 Montaneros 37
Wall Street Building 5 Total 372 Vail Spa 37
Mill Creek Court Condos 4 Vail International 36
Tyrolean 4 Lifthouse 35
1st Bank 3 The Lion 33
Texas Townhomes 3 Lion Square Lodge‐ North 25
Vorlaufer 3 Westwind 25
Creekside 2 Vail 21 18
Edelweiss 2 Mark Lodge 13
Riverhouse 2 Evergreen Lodge 11
Vail Townhouses 2 Total 610
Bell Tower 1
Bishop Park 1
Gateway 1
Gore Creek Plaza 1 Coldstream 24
Red Lion Inn Condos 1 Millrace Condos 23
Ski Club Vail 1 Colorado Mountain Condos 4
Talisman 1 Total 51
Total 214
Liftside Condos 8
Total 8
Cascade Village
Condos without 24/7 Front Desk
Condos with 24/7 Front Desk
Short‐Term Rental Condo Registrations by Neighborhood and Building Names
Zone 1
Lionshead
Condos without 24/7 Front Desk
Condos with 24/7 Front Desk
Condos without 24/7 Front Desk Condos with 24/7 Front Desk
Vail Village
Exhibit B
February 15, 2022 - Page 16 of 141
Timber Falls Condos 39 Meadow Creek Condos 20 Breakaway West 31
Pitkin Creek Park 38 Ptarmigan Townhomes 12 Sun Vail 31
Vail East Townhouse Condos 15 Interlochen Condos 10 Homestake at Vail 16
Vail Golfcourse Townhomes 13 Chamonix Chalets 7 Sandstone 70 12
Courtside Townhomes 8 Casa del Sol Condos 3 Brooktree Townhomes 10
Vail East Lodging 8 Hillside Condos 3 Potato Patch Club 9
Columbine Road Condos 7 Timber Creek Lodges Condos 3 Lions Mane 8
Booth Creek Townhouses 6 Brandywine Trace Condos 2 Savoy Villas 8
Altair Vail Inn 5 Matterhorn Inn Condos 2 Snow Lion 8
Mountain Meadow Condos 4 The Valley Condos 2 Snow Fox 5
Booth Falls Mountain Homes 3 Vestlandet Condos 2 Potato Patch Drive Condos 3
Columbine West Condo 3 Buffehr Creek Condos 1 Aspen Tree 2
Bald Mountain Townhomes 1 Buffehr Creek West 1 Eastern Vallet Condos 1
Gore Creek Condos 1 Camelot Townhouses 1 Eiger Chalets 1
Heather of Vail Condos 1 Dome Main Condos 1 Golden Peak Condos 1
Riverbend at Vail 1 Lodges at Timber Creek Condos 1 Total 146
Spruce Park Estates 1 Meadow Brook Condos 1
Sunwood at Vail Condos 1 Sunlight North Condos 1
Total 155 Vail Das Schone 1 Simba Run 57
Vail Heights Condos 1 Total 57
Total 75
Vail Racquet Club Condos 81
Fallridge Condos 26
Racquet Club Townhomes Condos 17
Wren House 5
Total 129
East Vail
Condos without 24/7 Front Desk
Short‐Term Rental Condo Registrations by Neighborhood and Building Names
Zone 2
Condos with 24/7 Front Desk
Sandstone
Condos without 24/7 Front Desk
Condos with 24/7 Front Desk
West Vail
Condos without 24/7 Front Desk
Exhibit B
February 15, 2022 - Page 17 of 141
Town of Vail Short-Term Rental Regulations Overview
Short-Term Rental Registration Fees – Adopted by Resolution
STR Individual Owner - $150 per year
STR Professionally Managed (no on-site manager) - $10 per year
STR Professionally Managed (24/7 on-site manager) - $5 per year
Short-Term Rental Policies per Ordinance No. 19, Series 2018
Deed restricted employee housing units are not allowed to short-term rent.
Designation of a local representative that resides within a 60-minute distance of the STR
property and is available 24/7. The named representative must provide proof of distance
through a driver’s license, property tax record, or voting record.
Property owners must provide a notarized affidavit that they have specified safety
measures in place such as smoke detectors, carbon monoxide detectors, fire extinguishers,
and that advertised occupancy limits comply with town code. The affidavit also validates the
owner’s agreement to comply with all town regulations and specifically mentions trash, parking,
exterior lights, and noise.
The property owner must provide proof of written notice to an adjoining residential dwelling unit
if the rental is located within a duplex.
Signed acknowledgment of “Good Neighbor Guidelines”.
Advertisements of the rental must include the STR registration number immediately following
the rental description.
All sales and lodging taxes must be remitted timely as applicable
Complaints (such as noise, trash, parking, etc.) will be directed to the local agent. The
agent must resolve the issue within 60 minutes (30 minutes between 11pm and 7am). The
town’s code enforcement or police may become involved if the property is not registered, or if
the complaint is not resolved.
Failure to any complaint may result in a violation and fine issuance for that property.
Property owners and property managers are held jointly and severely liable for violations.
More than three violations received in a year may result in a 2 year revocation of the STR
registration.
Violation of any provisions of the STR ordinance is decriminalized, but punishable by the following
fine schedule:
First Violation $500
Second Violation $1,500
Third Violation $2,500
Fourth Violation Registration Revoked for 2 Years
Exhibit C
February 15, 2022 - Page 18 of 141
Economic & Planning Systems, Inc.
The Economics of Land Use
SHORT TERM
RENTAL STUDY
Town Council Work Session
February 15, 2022
February 15, 2022 - Page 19 of 141
Economic & Planning Systems | RRC Associates Vail STR Study |1
CONTENT OF PRESENTATION
STR Inventory Analysis
–Composition of Town of Vail total inventory and guest inventory
–Breakdown by Zone
–Pace of registrations and growth of inventory
Community Composition and Comparison to Peers
–Change in occupancy of homes
–Change in voter registration
–Peer comparison
Neighborhood Composition
–Prevalence of STRs: Town, Zone, and Neighborhood
–Zoning Consideration
Home Sales and Relationship to STRs
–Home pricing trends, for all properties and for STR properties
Discussion Points and Next Steps
February 15, 2022 - Page 20 of 141
Economic & Planning Systems | RRC Associates Vail STR Study |2
KEY QUESTIONS
Project Questions
What is the nature of STRs within
the Town of Vail?
What might be the impacts to
residential neighborhoods from
STRs?
What might be the impacts to
affordable housing?
–What could the Town do to increase
the long-term rental inventory?
–How might fees come into play?
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DISPERSED SHORT-TERM RENTAL (DSTR) DEFINITION
The current legal definition for Short-Term Rentals is:
“SHORT-TERM RENTAL PROPERTY (STR): A residential dwelling unit, or any room
therein, available for lease for a term of less than thirty (30) consecutive days,
but excluding bed and breakfasts and accommodation units.”
(Ord. 19(2018) §1)
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CHARACTERIZING STRS IN VAIL
STR INVENTORY ANALYSIS
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Residential –Second Homes:
5,291Condotels:
1,458
VAIL INVENTORY ANALYSIS
Residential –Primary
Homes:
2,068
Total Residential:
7,359
Total Lodging: 2,947
*2019 Census Housing Units Estimate: 7,475 (+/-223)
Total:
8,848
Hotels/
Lodges:
1,489
Registered STRs:
2,454
*There are 929 Town Owned/Deed Restricted Units (+23 in Edwards)
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REGISTERED STRS MAILING ADDRESS LOCATIONS
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STR REGISTRATIONS BY ZONE
Zone 1 includes more units than Zone 2 (+596) , and as illustrated more of the units are
registered at the present time (51% versus 18% in Zone 2).
Overall, about 31% of units in the Town are registered as STRs at the present time.
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REGISTRATIONS BY OCCUPANCY (PERSONS AS ADVERTISED) BY ZONE
As summarized below, more STRs are advertised for 6-7 people than any other category
(37%), but with large percentages also in the 4-5 range (28%) and the 6-7 range (29%).
The STR inventory is complementary to the hotel bed base, with ability to serve larger group
sizes.
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COMMUNITY COMPOSITION AND COMPARISON TO PEERS
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TOWN OF VAIL: NUMBER OF HOUSING UNITS 2010, 2019
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TOWN OF VAIL: PERCENT OF HOUSING UNITS 2010, 2019
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NUMBER OF REGISTERED VOTERS BY YEAR
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AGE OF REGISTERED VOTERS –2014 & 2021
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TOWN OF VAIL: PERCENT OF HOUSING UNITS 2019 VS PEERS
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TOWN OF VAIL: PERCENT OF HOUSING UNITS 2019 VS PEERS
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NEIGHBORHOOD COMPOSITION
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SUMMARY BY NEIGHBORHOOD
Overall, 32 percent of units within
Town of Vail have STR Registrations
–For Zone 1, it reaches as high as 51
percent
–For Zone 2, there are 20 percent of
units with registrations
Some neighborhoods have high
concentrations of STRs, boosting their
representation (Fall Ridge, Streamside,
Simba Run, Racquet Club, etc.)
PERCENT OF UNITS WITH STR REGISTRATION
Area
Percent of Units with
STR license
Overall 32%
Zone 1 51%
Vail Village 45%
Lionshead 63%
Cascade Village/Glen Lyon 48%
Zone 2 20%
Booth Creek 11%
Buffehr Creek 4%
East Vail 19%
Golf Course 16%
Potato Patch 11%
Sandstone 36%
Spraddle Creek 0%
West Vail (North)7%
West Vail (Intermountain/Matterhorn)19%
Source: Economic & Planning Systems
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REAL ESTATE SALES DATA
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NUMBER AND PERCENT OF SALES BY PRICE
2018 -2021
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MLS SUMMARY BY STR REGISTRATION
MLS data indicates that in 2021, 410 real estate sales occurred within the
Town of Vail. Of these transactions, 34% or 138 properties were registered as
an STR during 2021, either prior to the sale, after the sale, or both
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MLS SUMMARY BY REGISTRATION AND UNIT TYPE
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MLS SUMMARY BY AREA
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NUMBER OF SALES BY AREA
2018 -2021
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MEDIAN SOLD PRICE PER SQ. FOOT BY AREA
2018 -2021
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MEDIAN SOLD PRICE BY AREA
2018 -2021
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MLS SUMMARY BY COMPARABLE AREAS AND UNIT TYPES
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DISCUSSION POINTS AND NEXT STEPS
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DISCUSSION POINTS AND NEXT STEPS
Discussion Points
To what degree are STRs impacting
the community and how has that
changed in the recent past?
Is a ‘light touch’ the correct
approach –raising fees and relying
on enforcement?
Are more deliberate actions needed
that might limit STR activity?
What tools can most effectively
address the need for long-term
rentals?
Next Steps –Return to Council March 15
Clarify and complete MLS data analysis
Approaches to limit STR activity, with a
focus on Zone 2
Options for registration structures that
are based on use
Background on fee increase –admin
costs and/or impacts to the community
Address violations fine structure
related to complaints
Bolster STR registration requirements
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DETAILED SLIDES SHOWING COMPOSITION BY AREA
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C:
Resolution No 4, S eries of 2022, a Resolution A pproving a D evelopment A greement f or P hase
Two Residences at Main Vail between the Town of Vail and Triumph Development West. L L C
P RE S E NT E R(S ): Greg Hall Director of Public Works, K athleen Halloran Finance Director Matt
Mire Town Attorney
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, amend or deny Resolution No.4, Series
2022 and adjust the budget pursuant to staff memo.
B AC K G RO UND: Resolution No. 4, S eries of 2022 regarding a development agreement for
P hase 2 of the Residences at Main Vail housing project. Phase 2 includes construction of the
building and site improvements for the project as approved. Triumph Development West will
develop the 72 unit project for the Town
S TAF F RE C O M M E ND AT IO N: A pprove, amend or deny Resolution No.4, Series 2022 and
adjust the budget pursuant to staff memo.
AT TAC H ME N TS:
Description
Staff Memo
Resolution No 4, Series of 2022
Developer Agreement Phase 2
February 15, 2022 - Page 68 of 141
To: Vail Town Council
From: Greg Hall, Public Works Director
Matt Mire, Town Attorney
Date: February 15, 2022
Subject: Resolution No 4, Series of 2022, a Resolution Approving a Development
Agreement with Triumph Development West. LLC. for Phase 2 The Residences
of Mail Vail.
I. SUMMARY
The purpose of this memorandum is to present Resolution No. 4, Series of 2022
regarding a development agreement for Phase 2 of the Residences at Main Vail
housing project. Phase 2 includes construction of the building and site improvements
for the project as approved.
II. BACKGROUND
The Vail Town Council wishes to complete a 100% deed-restricted, for-rent, residential
development on Lot 3, Middle Creek Subdivision with occupancy by Summer 2023.
The Town’s sole objective of the 72-unit Residences of Main Vail Project is to
advance, in part, the Town’s adopted housing goal of acquiring 1,000 additional deed
restrictions by the year 2027.
The below actions outline the path toward that objective:
February 2, 2021: Vail Town Council passed Resolution No. 3, Series of 2021,
approving a Pre-Development Agreement for the Middle Creek Project. At this
time the agreement was structured as a public-private partnership with Triumph
Development where the town would retain ownership of the land and Triumph
would construct, own and operate the new housing project. Under this
agreement Triumph was to be paid a $300,000 management fee and up to
$390,000 for design and development consultants to manage the entitlement
process. To date, all but $100,000 in milestone payments have been paid.
March 2, 2021: Vail Town Council passed Resolution No. 10, Series of 2021,
approving a Development Agreement for the Middle Creek Project. This
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Town of Vail Page 2
agreement set forth intentions for a future ground lease and to move forward with
plans for construction of the Residences at Main Vail. The agreement was
intended to be a public-private partnership. However, during negotiations with
Triumph concerns about the high cost of financing in the private sector led the
town’s internal project committee to consider town-initiated financing to take
advantage of record low interest rates available to municipalities and the town’s
financial strength.
June 15, 2021: Vail Town Council directed Town of Vail to finance the
construction of the Residences of Main Vail and that the Town of Vail would
retain ownership of the Residences of Main Vail. This was a change in the
original structure of a public private partnership to a fee-based development and
included an availability fee of $3.5M to be paid to Triumph in two milestones
($1.5M at building permit and $2.0M at certificate of occupancy).
August 17,2021: Vail Town Council approved a Professional Service Agreement
for up to $608,000 to continue work on the design, planning and entitlement
process while the larger development agreement was being negotiated.
September 21,2021: Vail Town Council passed Ordinance 18 of 2021 authorizing
the sale of up to $25.0M dollars in Certificates of Participation to finance a
majority of the project.
October 19, 2021: Vail Town Council passed Resolution No 43, Series of 2021, a
Resolution Approving a Development Agreement with Triumph Development
West. LLC. for Phase 1 Residences of Mail Vail.
To date, Triumph Development has managed the entitlement process for the Project
under the Pre-Development agreement, Development Agreement and Professional
Services Agreement, and the Town and Triumph as co-applicants, have filed all
necessary development applications for the Project. The project has received all the
necessary approvals. The Town continues to have sole ownership rights to all
application materials and approved development plans. Any tasks under the latest
Professional Services Agreement not completed are re-incorporated into the attached
Development Agreement.
III. DISCUSSION
Phase 2 Development Agreement Terms
The Scope of Work for Phase 2 includes the construction of the projects approved
building and site improvements. Triumph Development shall perform the scope of work,
adhere to the schedule and provide construction administration.
A summary of the Development Agreement terms is outlined below.
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The Town and Triumph Development are co-applicants on the Residences of
Main Vail.
Triumph Development will be paid a 6% fee to deliver the project.
Triumph Development will be executing the construction contract with the Shaw
Builders Inc, the General Contractor.
The project will be owned by the Town of Vail
The developer will complete the Scope of Work (Exhibit B).
Phase 2 is a distinct contact and contractual budget from Phase 1. However, for
the Town of Vail the two Phases are combined as one overall project budget.
Sales Tax Approach - Based on Department of Revenue’s approval of tax
exemption for Phase 1, we will move forward with the original plan of one DA
with Triumph. The General Contractor contract is assignable to TOV in the DA.
Acceptance of Phase 1 Work – General Contractor’s contract includes this
provision. Triumph to get ILC for the improvements upon completion.
Developer shall manage the schedule of construction of the Project and shall
complete and deliver the Project to the Town in compliance with the schedule
attached (Exhibit C).
Delay Damages and Schedule Incentive with Triumph –
• Early completion incentive payment is $5,000 per day for every day the
project is finished prior to July 10, 2023.
• Initial Delay Damage of $5,000 per day for every day the project is not
completed from August 21, 2023 up to September 30, 2023.
• A hard date of October 1, 2023 with Delay Damages of $15,000 per day
thereafter.
Schedule Start Date - Considers completion of Phase 1 work.
Total project costs of $ $25,537,970 are stated in Exhibit D of the agreement.
The project costs likely will be adjusted for enhancements the council reviewed in
the afternoon session of February 15, 2022. These enhancements are additional
energy savings regarding heating and cooling, energy efficient appliances, and
additional solar production. The second enhancement is architectural detailing.
Exhibits D will be modified prior to executing the development agreement as
approved by resolution at the February 15 Town Council meeting.
Warranty - 2-year warranty is required.
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DA allows for early material procurement - Under similar terms as the soil nail
purchase - e.g., purchase order in TOV’s name when money is drawn.
Triumph is assembling AIA Documents from General Contractor and the TOV
has provided a review.
Payment and Performance Bond is required of the General Contractor
The Parties agree to certain remedies and obligations in the event of a breach or
default to the terms of the agreement.
Developer shall be responsible for managing the payment of amounts owed to
any person or entity working on the Project.
Developer shall maintain all books and records related to the Project. Upon
request by the Town, Developer shall provide evidence of all costs, expenses
and mark-ups related to the Project.
Developer shall be responsible for all applications, design drawings and plans for
the Project, and shall be responsible for obtaining all required permits for the
Project.
Developer shall ensure that the general contractor for the Project complies with
the Keep Jobs in Colorado Act, and subsequent labor rules of the Division of
Labor of the Colorado Department of Labor and Employment.
Developer agrees to procure and maintain the policies of insurance as described
on Exhibit E. The responsibility for the costs of such insurance shall be as
specified in Exhibit E.
In addition to the Project Fee, in consideration for Developer's availability to timely
complete the Project in accordance with the Town's proposed schedule, the Town has
agreed to pay Developer a fee of $3,500,000 (the "Availability Fee"). The Town has
made the first payment of the Availability Fee in the amount of $1,500,000 to
Developer. The remaining $2,000,000 shall be governed by the agreement for Phase
2 of the Project and shall be paid upon the Town's issuance of a certificate of
occupancy for the Project.
IV. ACTION REQUESTED OF COUNCIL
Approve Resolution No.4, Series 2022, as amended, a resolution authorizing the town
to enter into a development agreement for Phase 2 The Residences at Main Vail
housing project.
V. STAFF RECOMMENDATION
The town staff recommends the Vail Town Council approves Resolution No.4, Series
of 2022, as amended. As amended, the Development Agreement achieves the
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Town of Vail Page 5
objectives articulated by the Town Council for the development of Residences of Main
Vail Project.
Attachments:
Resolution No. 4, Series of 2022
Development Agreement Phase 2 Residences at Main Vail
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RESOLUTION NO. 4
Series of 2022
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR PHASE TWO
RESIDENCES AT MAIN VAIL BETWEEN THE TOWN OF VAIL AND TRIUMPH
DEVELOPMENT WEST, LLC
WHEREAS, the Town owns Lot 3, Middle Creek (the "Middle Creek Property"),
and wishes to redevelop the Middle Creek Property as the Residences at Main Vail, a
100% deed-restricted employee housing project (the "Project"), and wishes to pay
Triumph Development West, LLC (“Developer”) to manage and oversee construction of
the Project;
WHEREAS, on October 21, 2021, the Town and Developer entered into a
Development Agreement for Phase 1 of the Project; and
WHEREAS, Developer has held itself out to the Town as having the requisite
expertise and experience to perform the development services required to complete
Phase 2 of the Project in a timely fashion.
WHEREAS, the Town and Developer wish to enter into a development agreement
to develop Phase 2 of the Project, as set forth in the Exhibit A, attached hereto and
incorporated herein by this reference (the “Phase 2 DA”)
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Phase 2 DA in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the Phase 2 DA 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 15th day of February 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
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DEVELOPMENT AGREEMENT
(Phase 2, Residences at Main Vail)
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this ___ day of
_____________, 2022 (the "Effective Date"), by and between the Town of Vail, a
Colorado home rule municipality with an address of 75 South Frontage Road, Vail,
Colorado 81657 (the "Town"), and Triumph Development West, LLC, a Delaware limited
liability company with an address of 105 Edwards Village Blvd., #C201, Edwards,
Colorado 81632 ("Developer") (each individually a "Party" and collectively the "Parties").
WHEREAS, the Town owns Lot 3, Middle Creek (the "Middle Creek Property"), as
more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference;
WHEREAS, the Town wishes to redevelop the Middle Creek Property as the
Residences at Main Vail, a 100% deed-restricted employee housing project (the
"Project"), and wishes to pay Developer to manage and oversee construction of the
Project;
WHEREAS, on February 10, 2021 the Parties entered into a Pre-Development
Agreement to set forth their expectations regarding the Project (the "Pre-DA");
WHEREAS, on March 23, 2021, the Parties entered into a Development
Agreement, under which Developer provided entitlement services for the Project (the
"Original DA"), which services have been completed;
WHEREAS, on June 16, 2021, the Parties agreed to modify certain provisions of
the Pre-DA and DA;
WHEREAS, on August 17, 2021, the Parties entered into a Professional Services
Agreement, under which Developer provided design and preconstruction services for the
Project (the "PSA");
WHEREAS, on October 21, 2021, the Parties entered into a Development
Agreement for Phase 1 of the Project (the "Phase 1 DA"); and
WHEREAS, Developer has held itself out to the Town as having the requisite
expertise and experience to perform the development services required to complete
Phase 2 of the Project in a timely fashion.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. PURPOSE
To date, Developer has worked on the Project under the Pre-DA, the Original DA,
the PSA and the Phase 1 DA, and the Town and Developer, as co-applicants, have filed
all necessary development applications for the Project. The Town continues to have sole
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ownership rights to all application materials and approved development plans. The
Parties divided the Project into two phases ("Phase 1" and "Phase 2"); this Agreement
governs Phase 2. The Scope of Work set forth in Exhibit B, attached hereto and
incorporated herein by this reference (the "Scope of Work"), includes additional work to
be completed by Developer in furtherance of the Project during Phase 2.
II. DEVELOPER'S OBLIGATIONS
A. Scope of Work. Developer shall furnish all labor and materials required for
the complete and prompt execution and performance of all duties, obligations, and
responsibilities which are described or reasonably implied from the Scope of Work. A
change in the Scope of Work shall not be effective unless authorized as an amendment
to this Agreement. If Developer proceeds without such written authorization, Developer
shall be deemed to have waived any claim for additional compensation, including a claim
based on the theory of unjust enrichment, quantum meruit or implied contract. Except as
expressly provided herein, no agent, employee, or representative of the Town is
authorized to modify any term of this Agreement, either directly or implied by a course of
action.
B. Schedule. Developer shall manage the schedule of construction of the
Project and shall complete and deliver the Project to the Town in compliance with the
schedule attached hereto as Exhibit C and incorporated herein by this reference (the
"Schedule"). To the extent early procurement of materials is necessary to ensure that the
Schedule is maintained, Developer shall be responsible for arranging for such early
procurement. The Project shall not be deemed complete until the Town issues a
certificate of completion, which indicates the Town's acceptance of the Project, subject
only to the two-year warranty provided by the GC as set forth in subsection E.2. hereof.
C. Costs. Developer shall be responsible for causing the Project to be
completed at or under the maximum amount set forth in Exhibit D, attached hereto and
incorporated herein by this reference (the "Total Project Costs"). The Total Project Costs
are subject to allowances, qualifications and exclusions as set forth on Exhibit D. The
Total Project Costs shall not be increased unless the Town changes the Scope of Work
and such change results in cost increases. If the actual costs of the Project exceed the
Total Project Costs, Developer shall be responsible for the difference. If the actual costs
of the Project are less than the Total Project Costs, the Town shall pay only the actual
costs.
D. Applicable Law. Developer shall at all times comply with all applicable law,
including without limitation all current and future federal, state and local statutes,
regulations, ordinances and rules relating to: the emission, discharge, release or
threatened release of a Hazardous Material into the air, surface water, groundwater or
land; the manufacturing, processing, use, generation, treatment, storage, disposal,
transportation, handling, removal, remediation or investigation of a Hazardous Material;
and the protection of human health, safety or the indoor or outdoor environmental,
including without limitation the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials
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Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery
Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. §
2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the
Federal Water Pollution Control Act; the Occupational Safety and Health Act; all
applicable environmental statutes of the State of Colorado; and all other federal, state or
local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees
regulating, relating to, or imposing liability or standards of conduct concerning any
hazardous, toxic or dangerous waste, substance or material, in effect now or anytime
hereafter.
E. Administration.
1. Developer shall provide construction administration services throughout
construction of the Project.
2. The construction contract between Developer and the general contractor for
the Project (the "GC") shall be subject to the Town's prior approval, and shall
include without limitation: acceptance by the GC of the site conditions and location
of all improvements completed during Phase 1; a Phase 2 completion date; a
provision for assignment of the construction contract to the Town in the event of
Developer's default under this Agreement; a 2-year warranty from the GC for its
work and the work of its subcontractors, fully assignable to the Town; an
assumption by the GC of all responsibility for subcontractors performing any work
on the Project; liquidated damages for delays in the Schedule; and early
completion incentives for substantial completion prior to the deadline set forth in
the Schedule.
3. Developer shall cause the GC to furnish the Town, within 10 days after the
Effective Date, a payment and performance bond for the Project in which the Town
is designated as beneficiary (the "Bond"), on a standard AIA Document A312-2010
in the amount of the total Project construction costs.
4. Developer shall be responsible for managing the payment of amounts owed
to any person or entity working on the Project.
5. Developer shall maintain all books and records related to the Project and
shall deliver any requested books and records to the Town within one business
day after the Town’s request so that the Town may comply with any valid open
records request. Upon request by the Town, Developer shall provide evidence of
all costs, expenses and mark-ups related to the Project.
6, Developer shall be responsible for all applications, design drawings and
plans for the Project, and shall be responsible for obtaining all required permits for
the Project.
7. Pursuant to the Keep Jobs in Colorado Act, C.R.S. § 8-17-101, et seq. (the
"Act"), and the rules adopted by the Division of Labor of the Colorado Department
of Labor and Employment implementing the Act (the "Rules"), Developer shall
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ensure that the general contractor for the Project employs Colorado labor to
perform at least 80% of the work under this Agreement and shall obtain and
maintain the records required by the Act and the Rules. For purposes of this
Section, "Colorado labor" means a person who is a resident of the state of
Colorado at the time of this Agreement, without discrimination as to race, color,
creed, sex, sexual orientation, marital status, national origin, ancestry, age, or
religion except when sex or age is a bona fide qualification. A resident of the state
of Colorado is a person with a valid Colorado driver's license, a valid Colorado
state-issued photo identification, or documentation that he or she has resided in
Colorado for the last 30 days. Developer represents that it is familiar with the
requirements of the Act and the Rules and will ensure that the general contractor
fully complies with the same.
F. Authority. Developer shall have no right, authority or power to bind the
Town or any interest of the Town in the Property for any claim for labor or for material or
for any other charge or expense incurred in delivering the Project or performing any
alteration, renovation, repair, refurbishment or other work, nor to render the Town's
interest in the Property liable for any lien or right of lien for any labor, materials or other
charge or expense.
G. Sales Tax Exemption. Developer shall prepare all necessary documents to
apply for a sales tax exemption from the State of Colorado for all materials used in the
Project, and submit such documents to the State.
III. TERM AND TERMINATION
This Agreement shall commence on the Effective Date, and shall continue until
Developer completes the Scope of Work to the satisfaction of the Town, or until
terminated as provided herein.
IV. COMPENSATION
A. Project Costs. The Town shall also pay Developer for the Total Project
Costs, with the understanding that such amounts shall be held in trust by Developer for
payment to the various contractors and subcontractors on the Project, but which shall not
be considered compensation to Developer. The Town shall make payments within 30
days following receipt of invoices detailing the Work performed.
B. Development Fee. For completion of the Project in accordance with this
Agreement, the Town shall pay Developer an amount equal to 6% of the Total Project
Costs (the "Development Fee"), payable in installments as Total Project Costs are billed
to the Town. Notwithstanding the foregoing, if Developer realizes cost savings such that
the actual total Project costs are less than the Total Project Costs, the Development Fee
shall be 6% of the reduced amount, not the original amount of the Total Project Costs. If
the actual total Project costs exceed the Total Project Costs, the Town may, in its
discretion and by amendment to this Agreement, approve an increase in the Total Project
Costs, as deemed necessary by the Town.
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C. Availability Fee. In addition to the Development Fee, in consideration for
Developer's availability to timely complete the Project in accordance with the Town's
proposed schedule, the Town has agreed to pay Developer a fee of $3,500,000 (the
"Availability Fee"). The Town has made the first payment of the Availability Fee in the
amount of $1,500,000 to Developer. The remaining $2,000,000 shall be paid upon the
Town's issuance of a certificate of occupancy for the Project; provided that the Project is
completed in accordance with the Schedule and this Agreement.
D. Early Completion Bonus. If the Town issues the certificate of completion
for the Project prior to the deadline set forth in the Schedule, Developer shall be entitled
to a bonus of $5,000 per day, to be paid in addition to the Development Fee and the
Availability Fee.
V. PROFESSIONAL RESPONSIBILITY
A. Developer hereby warrants that it is qualified to assume the responsibilities
and render the services described herein and has all requisite corporate authority and
professional licenses in good standing, required by law. The work performed by
Developer shall be in accordance with generally accepted professional practices and the
level of competency presently maintained by other practicing professional firms in the
same or similar type of work in the applicable community. The work and services to be
performed by Developer hereunder shall be done in compliance with applicable laws,
ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services
shall not be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement.
VI. OWNERSHIP
Any materials, items, and work specified in the Scope of Work, and any and all
related documentation and materials provided or developed by Developer shall be
exclusively owned by the Town. Developer expressly acknowledges and agrees that all
work performed under the Scope of Services constitutes a "work made for hire." To the
extent, if at all, that it does not constitute a "work made for hire," Developer hereby
transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display,
reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such
work without providing notice to or receiving consent from Developer; provided that
Developer shall have no liability for any work that has been modified by the Town.
VII. INDEPENDENT CONTRACTOR
Developer is an independent contractor. Notwithstanding any other provision of
this Agreement, all personnel assigned by Developer to perform work under the terms of
this Agreement shall be, and remain at all times, employees or agents of Developer for
all purposes. Developer shall make no representation that it is a Town employee for any
purposes.
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VIII. INSURANCE
A. Developer agrees to procure and maintain the policies of insurance as
described on Exhibit E. The responsibility for the costs of such insurance shall be as
specified in Exhibit E.
B. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees or its contractors shall be excess and not
contributory insurance to that provided by Developer. The Town and the Town's officers,
employees, and contractors shall be named as additional insureds under all policies.
C. Developer shall provide to the Town a certificate of insurance as evidence
that the required policies are in full force and effect. The certificate shall identify this
Agreement.
D. Developer shall cause all contractors hired by Developer to perform work
on the Project to provide the minimum insurance coverages required by this Section, and
to include the Town and the Town's officers, employees, and contractors as additional
insureds.
IX. INDEMNIFICATION
A. Developer agrees to indemnify and hold harmless the Town and its officers,
insurers, representatives, agents, employees and assigns from and against all claims,
liability, damages, losses, expenses and demands, including attorney fees, on account of
injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this
Agreement if such injury, loss, or damage is caused in whole or in part by, the omission,
error, professional error, mistake, negligence, or other fault of Developer, any
subcontractor of Developer, or any officer, employee, representative, or agent of
Developer, or which arise out of a worker's compensation claim of any employee of
Developer or of any employee of any subcontractor of Developer. Developer's liability
under this indemnification provision shall be to the fullest extent of, but shall not exceed, that
amount represented by the degree or percentage of negligence or fault attributable to
Developer, any subcontractor of Developer, or any officer, employee, representative, or
agent of Developer or of any subcontractor of Developer.
B. If Developer is providing architectural, engineering, surveying or other design
services under this Agreement, the extent of Developer's obligation to indemnify and hold
harmless the Town may be determined only after Developer's liability or fault has been
determined by adjudication, alternative dispute resolution or otherwise resolved by mutual
agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).
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X. WORKERS WITHOUT AUTHORIZATION
A. Certification. Developer hereby certifies that, as of the Effective Date, it
does not knowingly employ or contract with a worker without authorization who will
perform work under this Agreement and that Developer will participate in either the E-
Verify Program administered by the U.S. Department of Homeland Security and Social
Security Administration or the Department Program administered by the Colorado
Department of Labor and Employment to confirm the employment eligibility of all
employees who are newly hired to perform work under this Agreement.
B. Prohibited Acts. Developer shall not knowingly employ or contract with a
worker without authorization to perform work under this Agreement, or enter into a
contract with a subcontractor that fails to certify to Developer that the subcontractor shall
not knowingly employ or contract with a worker without authorization to perform work
under this Agreement.
C. Verification.
1. If Developer has employees, Developer has confirmed the employment
eligibility of all employees who are newly hired to perform work under this
Agreement through participation in either the E-Verify Program or the Department
Program.
2. Developer shall not use the E-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
3. If Developer obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with a worker without
authorization who is performing work under this Agreement, Developer shall:
notify the subcontractor and the Town within 3 days that Developer has actual
knowledge that the subcontractor is employing or contracting with a worker without
authorization who is performing work under this Agreement; and terminate the
subcontract with the subcontractor if within 3 days of receiving the notice required
pursuant to subsection 1 hereof, the subcontractor does not stop employing or
contracting with the worker without authorization who is performing work under
this Agreement; except that Developer shall not terminate the subcontract if during
such 3 days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with a worker without
authorization who is performing work under this Agreement.
D. Duty to Comply with Investigations. Developer shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the
course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that
Developer is complying with the terms of this Agreement.
E. Affidavits. If Developer does not have employees, Developer shall sign the
"No Employee Affidavit" attached hereto. If Developer wishes to verify the lawful
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presence of newly hired employees who perform work under the Agreement via the
Department Program, Developer shall sign the "Department Program Affidavit" attached
hereto.
XI. DEFAULT AND REMEDIES
A. Developer Default. Each of the following is a Developer default of this
Agreement:
1. If Developer fails to perform any of its obligations under this Agreement and
fails to remedy the same within 30 days after Developer is given a written notice
specifying the same; provided that, if the nature of the violation is such that it
cannot reasonably be remedied within 30 days, and Developer provides evidence
to the Town that the violation cannot reasonably be remedied within 30 days, then
the violation shall be remedied as soon as reasonably practicable, but in any case,
within 90 days of the original notice of violation.
2. If an involuntary petition is filed against Developer under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a
receiver of Developer, or of all or substantially all of the property of Developer, is
appointed without acquiescence, and such petition or appointment is not
discharged or stayed within 90 days after the happening of such event.
3. If Developer makes an assignment of its property for the benefit of creditors
or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief
under any other law for the benefit of debtors.
B. Town Default. Each of the following is a Town default of this Agreement:
1. If the Town fails to perform any of its obligations under this Agreement other
than its obligation to pay the expenses and fees of the Project and fails to remedy
the same within 30 days after the Town is given a written notice specifying the
same; provided that, if the nature of the violation is such that it cannot reasonably
be remedied within 30 days, and the Town provides evidence to Developer that
the violation cannot reasonably be remedied within 30 days, then the violation shall
be remedied as soon as reasonably practicable, but in any case, within 90 days of
the original notice of violation.
2. If the Town fails to pay any amount owed to Developer under this
Agreement within 30 days after the date such payment is due.
C. Remedies.
1. If a Developer default occurs, the Town may, in its sole discretion and
without waiving any other rights under this Agreement or available to the Town,
cause construction of all or part of the Project to be completed and recover
appropriate damages from Developer. If the Town proceeds to complete all or part
of the Project, Developer shall, at the request of the Party completing the Project,
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promptly deliver a copy of all of Developer's plans and specifications related to the
Improvements. In addition, if a Developer default occurs prior to the payment of
any portion of the Availability Fee, the Town shall have no obligation to pay any
remaining portion of the Availability Fee. In addition, if Developer fails to deliver
the completed Project in accordance with the Schedule, Developer shall pay the
Town delay damages as set forth in Exhibit C. Such delay damages shall be in
addition to any other available remedy, and shall not be considered liquidated
damages. In addition to the specific remedies set forth herein, the Town shall have
all other remedies available at law or equity, and the exercise of one remedy shall
not preclude the exercise of any other remedy.
2. If a Town default occurs, Developer shall have all remedies available at law
or equity, and the exercise of one remedy shall not preclude the exercise of any
other remedy, provided that Developer shall not have the remedy of specific
performance against the Town. Without limiting the generality of the foregoing, in
the event a Town default occurs, Developer may terminate this Agreement upon
notice given to the Town, without waiving any of its rights or remedies hereunder.
XII. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the
Parties regarding Phase 2 of the Project, superseding all prior oral or written
communications regarding Phase 2 of the Project.
D. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written
agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
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I. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit the Town's legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or defectively
performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
L. Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, which
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war,
labor disputes, forces of nature the authority and orders of government or pandemics.
M. Non-Conversion Convenant. The GC and Developer have insured the
project as a “for-rent” apartment and the Town is obligated to execute the “Non-
Conversion Covenant” included as an Exhibit F.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
__________________________________
Tammy Nagel, Town Clerk
TRIUMPH DEVELOPMENT WEST,
LLC
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By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2022, by ____________________________ as
_________________ of Triumph Development West, LLC.
My commission expires:
(S E A L) ________________________________
Notary Public
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NO EMPLOYEE AFFIDAVIT
[To be completed only if Developer has no employees]
1. Check and complete one:
I, _______________________________, am a sole proprietor doing business as
__________________________. I do not currently employ any individuals. Should I
employ any employees during the term of my Agreement with the Town of Vail (the
"Town"), I certify that I will comply with the lawful presence verification requirements
outlined in that Agreement.
OR
I, ______________________________, am the sole owner/member/shareholder
of ___________________________, a ______________________________ [specify
type of entity – i.e., corporation, limited liability company], that does not currently employ
any individuals. Should I employ any individuals during the term of my Agreement with
the Town, I certify that I will comply with the lawful presence verification requirements
outlined in that Agreement.
2. Check one.
I am a United States citizen or legal permanent resident.
The Town must verify this statement by reviewing one of the following items:
A valid Colorado driver's license or a Colorado identification card;
A United States military card or a military dependent's identification card;
A United States Coast Guard Merchant Mariner card;
A Native American tribal document;
In the case of a resident of another state, the driver’s license or state-issued
identification card from the state of residence, if that state requires the
applicant to prove lawful presence prior to the issuance of the identification
card; or
Any other documents or combination of documents listed in the Town’s
“Acceptable Documents for Lawful Presence Verification” chart that prove
both Developer’s citizenship/lawful presence and identity.
OR
I am otherwise lawfully present in the United States pursuant to federal law.
Developer must verify this statement through the federal Systematic Alien
Verification of Entitlement ("SAVE”) program, and provide such verification to the
Town.
____________________________________ __________________________
Signature Date
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DEPARTMENT PROGRAM AFFIDAVIT
[To be completed only if Developer participates in the
Department of Labor Lawful Presence Verification Program]
I, ________________________, as a public contractor under contract with the
Town of Vail (the "Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who
are newly hired for employment to perform work under this public contract for services
("Agreement") with the Town within 20 days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C.
§ 1324a, which verify the employment eligibility and identity of newly hired employees
who perform work under this Agreement; and
3. I have not and will not alter or falsify the identification documents for my
newly hired employees who perform work under this Agreement.
____________________________________ ________________________
Signature Date
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of __________, 2022, by ______________________ as _______________
of ________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
FIRST AMENDMENT OF LOT 3, AMENDED FINAL PLAT MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF LOT 1, COUNTY OF EAGLE, STATE OF
COLORADO
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EXHIBIT B
SCOPE OF WORK
Developer's Duties:
During the term of this Agreement, Developer shall cause completion of Phase 2
of the Project, which includes:
Contracting for the design, construction administration and owners testing
associated with Phase 2 construction.
Developing and maintaining a Master Project Budget, including all Project costs,
and update the budget monthly, reflecting changes and trending from the previous
budget, as well as contingency allocations for Town review, and completing the
Project in compliance with the Master Project Budget.
Maintaining the Schedule, updating the Schedule monthly for Town review, and
completing the Project in compliance with the Schedule.
Holding weekly meetings with the Project design team, construction team and the
Town staff.
Contracting with the GC and oversee the construction of all Phase 2 Work
represented in the attached Construction Document Log dated January 4, 2022.
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EXHIBIT C
SCHEDULE
Milestone: Date:
Sign Development Agreement February 16, 2022
Phase 2 Notice to Proceed based on Phase 1 Progress May 2, 2022
Foundation and Slab on Grade Complete August 5, 2022
Roof Framing Complete December 21, 2022
Building Dry-In Complete January 20, 203
Unit MEP Rough-In Complete February 17, 2023
Drywall Complete March 31, 2023
Flooring Complete June 8, 2023
Substantial Completion July 27, 2023
The Project shall be completed by August 21, 2023.
If Developer completes the Project on or before July 10, 2023, Developer shall be entitled
to an early completion bonus of $5,000 for each day prior to July 10, 2023 that the Project
is delivered.
If Developer fails to complete the Project by August 21, 2023, delay damages shall be
imposed as follows:
1. If the Project is completed between August 21, 2023 and September 30,
2023, the delay damages shall be $5,000 per day or portion thereof.
3. If the Project is completed on or after October 1, 2023, the delay damages
shall be $15,000 per day or portion thereof.
For each day that the commencement of Phase 2 is delayed due to delays in completion
of Phase 1, there shall be a corresponding change in the Schedule by one day.
Notwithstanding the foregoing, the final completion deadline of October 1, 2023 shall not
be extended under any circumstances, and the corresponding delay damages shall begin
on October 1, 2023.
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EXHIBIT D
TOTAL PROJECT COSTS
Residences at Main Vail Exhibit D
Development Program and Budget 1/25/22
Phase 2
Budget
Hardcost
GC Hardcost 23,279,221$
Owner Hardcost:
Electric Hookups 35,000$
Gas Hookup 20,000$
Owner Items & Signage 40,000$
Testing #### #### ####69,994$
Owner Signage ####‐$ ‐$ ‐$
Hardcost 23,444,215$
Entitlement, Permit & Impact Fees
Building Permit ‐$
Bonding ROW ‐$
Use Tax ‐$
ERWSD Tap & Water Rights ‐$
Entitlement, Permit & Impact Fees ‐$
Soft cost
Archtecture 1.72%118,150$
Civil 2,000$
Landscape 2,525$
Survey 2,500$
FF&E 50,000$
Misc./Reimbursables 7,500$
Developer Fee 6.0% #### ####1,410,335$
Total Soft Cost 1,593,010$
Total Contingency 500,745$
Total 25,537,970$
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Residences at Main Vail Exhibi t D
Allowances Qualifications and Exclusions 1.25.22
Allowance Value
Weather protection, snow removal, & temporary heat 150,000$
Dewatering and treatment during construction 50,000$
Unsuitable soils requiring stabilization/overexcavaton/replacement
under buildings and flatwork 25,000$
Relocating primary power, storm piping and existing water valves at new
water tie‐in at the southwest corner of the site 50,000$
Asphalt paving 57,930$
Permanent soil nail wall vaneer and top cap at $37.14 per square foot 92,860$
Access controls at three entry lobby locations 10,000$
Exterior and interior building signage including life safety 11,500$
Bike wash and repair 10,000$
Builder's Risk Insurance 300,000$
Owner FFE budget including charging stations and building signage 65,000$
Total Allowances 822,290$
Qualifications and Exclusions:
Testing, removal and disposal of existing hazardous material.
Rock removal of more than 3 cubic yards in size
Rock blasting
Relocation of any utilities, transformers, pedestas or equipmet nt shown
to be moved.
Repair or damage to any utilities or services that are not shown on plans
or located by 3rd party locaters.
Fire pump is not required for sprinkler system.
Appropriate backfill material is available from an in‐town source free of
charge.
All planning fees, permit fees, plan review fees, impact fees, right‐of ‐
way fees and tap fees are waived or paid by the Town.
Project is assumed to be exempt from state & local sales and use taxes.
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EXHIBIT E
INSURANCE AND BONDING REQUIREMENTS
Performance and Payment Bonds
The General Contractor shall be required to furnish a performance and payment bond in
a form acceptable to the Town, copies of which shall be provided to the Trustee. Such
bonds shall be made payable to the Town and the Trustee as co-obliges, subject to the
provisions of the Indenture, shall be executed by a corporate surety licensed to transact
business in Colorado and acceptable to the Town, and shall be in an amount equal to the
contract price for such contractor’s Project Contract. If, at any time during the
construction of the Project, the surety on such bond shall be disqualified from doing
business within the Colorado, or shall otherwise become incapable of performing its
obligations under such bond, an alternate surety acceptable to the Town shall be
provided. In the event of any change order resulting in the performance of additional work
in connection with the Project, the amounts of such bonds pertaining thereto shall be
increased to include the cost of such additional work or materials or fixtures to be
incorporated in the Project as a cost of the Project.
Professional Errors and Omissions Liability Insurance
Each design consultant for the Project shall obtain and maintain professional liability
insurance for damages for claims by reasons of any negligent act, error or omission
committed or alleged to have been committed by them or anyone for whom they are liable,
in an amount of not less than $2,000,000 per claim and $2,000,000
aggregate. Professional liability insurance coverage may be structured to provide
coverage on a “claims-made” basis; provided, however, the professional liability
insurance coverage shall remain in effect for the period set out in
C.R.S. §13-80-104. Deductibles for such insurance shall be paid by the design
consultants. The limits of this insurance shall not be reduced unless approved by the
Town in writing.
Contractor’s Commercial General Liability Insurance
Each contractor entering into a Project Contract for the construction of any portion of the
Project shall be required to procure and maintain Commercial General Liability Insurance
during the duration of such contractor’s Project Contract in the amount of at least
$2,000,000 each occurrence and $4,000,000 general aggregate (which coverage can be
provided through a combination of General Liability Insurance and Umbrella
Insurance). The policies shall be applicable to all premises and operations. Such policies
shall include the Town and the Trustee as additional named insureds and shall include a
provision prohibiting cancellation or termination without thirty (30) days prior written notice
to the Town and the Trustee. A certificate of insurance in a form acceptable to the Town
shall be provided to the Town and the Trustee with respect to each contractor. Such
insurance shall provide protection from all claims for bodily injury, including death,
property damage, contractual liability and completed operations. In addition the General
Contractor shall carry a $10M umbrella insurance policy.
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Design Consultant’s General Liability Insurance
Each design consultant entering into a Project Contract for the design of any portion of
the Project shall be required to procure and maintain Commercial General Liability
Insurance during the duration of such design consultant’s Project Contract in the amount
of at least $1,000,000 each occurrence, and $2,000,000 general aggregate. The policies
shall be applicable to all premises and operations. Such policies shall include the Town
and the Trustee as additional named insureds and shall include a provision prohibiting
cancellation or termination without thirty (30) days prior written notice to the Town and the
Trustee. A certificate of insurance in a form acceptable to the Town shall be provided to
the Town and Trustee with respect to each design consultant. Such insurance shall
provide protection from all claims for bodily injury, including death, property damage,
contractual liability and completed operations.
Contractor’s Automobile Liability Insurance
The General Contractor constructing the Project shall be required to procure and maintain
automobile liability insurance with minimum combined single limits for bodily injury and
property damage of not less than $1,000,000 for any one occurrence with respect to each
of the contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of its work.
Builder’s Risk Insurance
Developer or contractor shall provide Builder’s Risk Insurance with minimum limits in the
amount of $30 million. A certificate of insurance shall be provided to the Trustee and the
Town within seven Business Days of the effective date of the policies. The policies shall
be written on an “all risk” basis and shall name the Town and the Trustee as
insureds. The policies shall contain a waiver of subrogation by the issuer of such policies
with respect to the Town and the Trustee, and their respective officers, agents and
employees while acting within the scope of their employment. This policy will be in place
the duration of the Work.
Proceeds of Certain Insurance Policies and Performance Bonds
The Net Proceeds of any performance or payment bond or insurance policy and any Net
Proceeds received as a consequence of default under a Project Contract shall be
deposited into the Town’s Construction Fund for the development.
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EXHIBIT F
NON-CONVERSION COVENANT
This Non-Conversion Covenant ("Covenant") is executed by _____________, for itself,
its successors and assigns (collectively, “Grantor”), for the benefit of Shaw Builders LLC, a
Colorado limited liability company (“Shaw”).
Recitals
A. Grantor is the owner of the real property commonly known as [insert address]
and legally described on Exhibit A attached hereto (the “Property”).
B. Grantor and Shaw are parties to that certain [Construction Contract], dated as of
__________(the “Construction Contract”), pursuant to which Shaw agreed to construct an
Apartment (as defined below) building on the Property (the “Project”).
C. Pursuant to the Construction Contract, Grantor or Shaw is required to purchase
and maintain commercial general liability primary and excess insurance policies covering the
Project. Such insurance policies contain an exclusion (the “Exclusion”) for claims related to
condominiums, single-family dwellings, town-homes or multi-family dwellings (individually, a
"Residential Property" and collectively, “Residential Properties”). The term “Residential
Properties” does not include "Apartments", which are defined as a unit of residential real
property in a multi-unit residential building where all the units are owned by and titled to a single
person or entity.
D. If the Project were converted to a Residential Property, then (due to the
Exclusion) Shaw would not have insurance coverage for construction defect and related claims.
Exposure to such potential claims exists prior to the expiration of the Statute of Repose (as
defined below).
E. In order to assure Shaw that a conversion of the Project to a condominium or
Residential Property prior to the expiration of the Statute of Repose will not leave Shaw without
insurance coverage due to the Exclusion, Section __ of the Construction Contract requires that
Grantor execute and record this Covenant.
F. For purposes of this Covenant, the term “Statute of Repose” means the six-year
period provided in C.R.S. § 13-80-104(1)(a), plus the two-year period provided in C.R.S. § 13-
80-104(2) (or currently a total of eight years) and, in the event either such periods are extended
by amendment of such statute or adoption of a new statute replacing or amending C.R.S. § 13-
80-104, then the Statute of Repose for purposes of this Covenant shall be such extended period.
G. Grantor is recording this Covenant in satisfaction of its obligation pursuant to
Section __ of the Construction Contract.
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Covenants
In consideration of the Recitals, Shaw’s execution of the Construction Contract and
willingness to construct the Project and the sum of $10.00 in hand paid, and other good and
valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges,
Grantor, for itself, its successors and assigns, covenants and agrees as follows:
1. Covenant Prohibiting Conversion to Residential Properties. Grantor shall not
Convert (as defined below) the Project to condominiums or other Residential Properties prior to
the expiration of the Statute of Repose applicable to claims against Contractor with respect to
construction of improvements on the Project. This Covenant is enforceable by Shaw, its
successors and assigns. For purposes of this Covenant, the term “Convert” (or words of similar
import) means condominiumizing the Project, subdividing the Project or employing any other
method in which title to individual units in the Project may be transferred to new owners.
2. Release. Within thirty (30) days following Grantor’s request after expiration of
the Statute of Repose applicable to claims against Contractor with respect to construction of
improvements on the Project, Shaw shall, at Grantor’s expense, execute and record in the real
property records of the county in which the Property is located a release and termination of this
Covenant. This Covenant may not be released by Grantor.
3. Covenant Running with the Land. This Covenant will remain a covenant
running with the land with respect to the Property and will continue to bind the Grantor, its
successors and assigns, and any future owners of any interest in the Property, for the benefit of
Shaw, its successors and assigns.
4. Recording. This Covenant shall be recorded in the real property records of the
Clerk and Recorder of ________ County, Colorado.
5. Governing Law. This Covenant shall be governed by, and construed, interpreted,
and enforced in accordance with, the laws of the State of Colorado.
IN WITNESS WHEREOF, Grantor has executed this Non-Conversion Covenant as of the
date first above set forth.
GRANTOR
[Owner]
By:
Its:_____________________
STATE OF COLORADO )
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)
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _________, 20__
by ________________________ as __________________ for [Owner], a
_____________________.
Witness my hand and official seal.
______________________________________
Notary Public
My Commission expires: ______________
Accepted by Shaw Builders LLC:
Shaw Builders LLC
By:_____________________________________
Its:_____________________________________
STATE OF COLORADO )
)
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _________, 20__
by ________________________ as __________________ for Shaw Construction Apartments
LLC, a Colorado limited liability company.
Witness my hand and official seal.
______________________________________
Notary Public
My Commission expires: ______________
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EXHIBIT A
Legal Description of Property
February 15, 2022 - Page 98 of 141
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. 1, S eries of 2022 - Second Reading - Z one District Boundary
A mendment allow for the rezoning of a portion of L ot 15, Block 1, Vail Village Filing (826 F orest
Road) from Two-Family Primary/Secondary Residential (P S ) to Outdoor Recreation (O R) and to
zone a portion of the F orest Road R O W to Two-F amily P rimary/S econdary Residential (P S).
P RE S E NT E R(S ): J onathan S pence, Planning Manager
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. 1, Series of 2022, upon second reading.
B AC K G RO UND: Zone District B oundary Amendment to address the zoning of parcels
contained in the F orest Road land swap, Ordinance No. 14, S eries of 2021.
S TAF F RE C O M M E ND AT IO N: Approve, approve with modifications, or deny Ordinance No. 1,
S eries of 2022, upon second reading.
AT TAC H ME N TS:
Description
Staff Memorandum
Attachment A. Staff Memorandum, P E C21-0051, 01-10-2022
Attachment B. P E C Minutes, 01-10-2022
Attachment C. Ordinance No. 1, Series of 2022 with attachments
February 15, 2022 - Page 99 of 141
TO: Town Council
FROM: Community Development Department
DATE: February 15, 2022
SUBJECT: Second Reading of Ordinance No. 1, Series of 2022 an ordinance for a
zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of a portion of Lot
15, Block 1, Vail Village Filing No. 6 (826 Forest Road) from Two-Family
Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to
zone a portion of the Forest Road ROW to Two-Family Primary/Secondary
Residential (PS) and setting forth details in regard thereto. (PEC21-0051)
Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects
Planner: Jonathan Spence
I. SUMMARY
The applicant, Mexamer Forest Road LLC, represented by KH Webb Architects, is
requesting approval of Ordinance No. 1, Series of 2022 an ordinance for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town code, to allow
for the rezoning of a portion of Lot 15, Block 1, Vail Village Filing No. 6 (826 Forest
Road) from Two-Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR)
and to zone a portion of the Forest Road ROW to Two-Family Primary/Secondary
Residential (PS)
The Planning and Environmental Commission held a public hearing on the proposed
Zone District Boundary Amendment on January 10. 2022 where a recommendation for
approval was forwarded to the Vail Town Council by a vote of 6-0-1 (Perez abstained).
The Town Council approved Ordinance No. 1, Series of 2022 on February 1, 2022 by a
vote of 7-0-0, on first reading.
February 15, 2022 - Page 100 of 141
Town of Vail Page 2
Please find the staff memorandum to the PEC (Attachment A), the minutes from the
January 10, 2022 meeting (Attachment B), and the draft of Ordinance No.1, Series of
2022 (Attachment C), included with this report.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with m odifications, or deny Ordinance No.
1, Series of 2022, upon second reading.
IIl. DESCRIPTION OF THE REQUEST
The applicant is requesting approval for a zone district boundary amendment, pursuant
to Section 12-3-7, Amendment, Vail Town Code, to allow for rezoning of a portion of Lot
15, Block 1, Vail Village Filing No. 6 (826 Forest Road) from Two-Family
Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to zone a portion of
the Forest Road ROW to Two-Family Primary/Secondary Residential (PS). The
rezonings are necessary to maintain zoning consistency following a land swap between
the property owner of 816 and 826 Forest Road and the Town of Vail.
The map below shows the existing Official Zoning Map and the result of the amendment,
if approved by the Town Council.
February 15, 2022 - Page 101 of 141
Town of Vail Page 3
IV. BACKGROUND
Lots 14 and 15 of Vail Village Filing No. 6 were platted under Eagle County jurisdiction in
1964. A single-family home was formerly located on Lot 14 with a significant number of
wood stairs accessing it from W. Forest Road. The parking for this home was historically
located within the West Forest Road Right of Way, within a large flat area between the
private lot and Gore Creek. That home has since been demolished along with the stairs.
Any new development is required to meet Town Code and Development Standards and
park on private property, not within the Town Right of Way.
The developer completed a land swap with the Town of Vail in the fall of 2021. The
purpose of the land swap is to assist in gaining access. The portion of Right of Way the
developer acquired is mostly on the steep slope between the large flat area and the
private lots. This allows the Town to use the flat area within the Right of Way for a truck
turnaround, snow storage, and intermittent staging as it is used today. The portion of
property that the Town would receive is adjacent to Gore Creek and 830 West Forest
Road, a lot already owned by the Town of Vail. It is a relatively steep site and includes
an existing informal trail that connects the Gore Valley Trail to the West Forest Road
Right of Way.
V. REVIEW CRITERIA
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the Planning and Environmental Commission
shall consider the following factors with respect to this proposal:
1. The extent to which the zone district amendment is consistent with all 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.
Staff finds the proposed rezoning to be consistent with the following goals of the Vail
Land Use Plan:
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both
the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
5. Residential
February 15, 2022 - Page 102 of 141
Town of Vail Page 4
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.4. Residential growth should keep pace with the marketplace demands for a full
range of housing types.
Staff finds the proposed rezoning to be consistent with the following general and specific
purposes of the Town’s adopted Zoning Regulations:
12-1-2: Purpose:
A. 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.
B. 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.
February 15, 2022 - Page 103 of 141
Town of Vail Page 5
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.
Staff finds the proposed rezoning to be consistent with the following purpose of the Two-
Family Primary/Secondary Residential (PS) District identified in Section 12-6D-1,
Purpose, Vail Town Code:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
Therefore, Staff finds the proposed rezoning meets this review criterion.
2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents.
The purpose of the zone district boundary amendment is to bring the Official Zoning Map
into compliance with the amended property lines resulting from the completed land
exchange.
Staff finds that the proposed rezoning is suitable with the potential uses on the site and
with potential and existing surrounding uses. Therefore, Staff finds the proposed
rezoning meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
The proposed zone district amendment will allow for development that is harmonious
with its surrounding uses. A portion of Lot 15 involved in the land exchange will remain in
its undeveloped state and become part of 830 Forest Road, a Town-owned parcel zoned
Outdoor Recreation.
Therefore, Staff finds the proposed rezoning meets this review criterion.
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Town of Vail Page 6
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
The development standards of the Two-Family Primary/Secondary Residential (PS)
District will ensure appropriate, compatible development that is in the best interest of the
community. This zoning amendment does not result in the granting of privilege nor is it
incompatible with the Vail Comprehensive Plan, two tests for a determination of spot
zoning. Therefore, Staff does not believe the applicant’s proposal constitutes a spot
zoning and finds the proposed rezoning meets this review criterion.
5. The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features.
Staff finds that rezoning of the subject properties will not substantially alter the impacts
on the natural environment in comparison to existing zoning conditions. All appropriate
measures to address issues including stormwater runoff and water quality shall be
required with any development proposal.
Therefore, Staff finds the proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
As identified above, Staff finds that the proposed rezoning is consistent with the purpose
of the Two-Family Primary/Secondary Residential (PS) District. The rezoning and
subsequent development further the purpose of the zone district by providing a suitable
location for residential development and constructed to maintain the desirable residential
qualities of the district and the greater neighborhood.
Therefore, Staff believes the proposed rezoning meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
The minor zone district amendment is the result of a unique circumstance involving the
relationship of existing property lines, Town-owned property, and dramatic changes in
grade. The zoning amendment seeks to improve upon this existing condition while
preserving needed Town functions in the area.
Therefore, Staff believes the proposed rezoning meets this review criterion.
February 15, 2022 - Page 105 of 141
Town of Vail Page 7
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VI. RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 1, Series of 2022, upon
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“The Vail Town Council approves, on second reading, Ordinance No. 1, Series of
2022 an ordinance for a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town code, to allow for the rezoning of a portion of Lot
15, Block 1, Vail Village Filing No. 6 (826 Forest Road) from Two-Family
Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to zone a
portion of the Forest Road ROW to Two-Family Primary/Secondary Residential
(PS) and setting forth details in regard thereto.”
Should the Town Council choose to approve Ordinance No. 1, Series of 2022, the
Planning and Environmental Commission recommends the Council makes the following
findings:
“Based upon the review of the criteria outline in Section V of the Staff
memorandum to the Planning and Environmental Commission dated January 10,
2022, and the evidence and testimony presented, the Town Council finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendment does further the general and specific purposes of the
zoning regulations; and
3. That the amendment does 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.”
VIl. ATTACHMENTS
A. Staff Memorandum, PEC21-0051, 01-10-2022
B. PEC Minutes, 01-10-2022
C. Ordinance No. 1, Series of 2022 with attachments
February 15, 2022 - Page 106 of 141
To: Planning and Environmental Commission
From: Community Development Department
Date: January 10, 2022
Subject: A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village Filing No. 6
(826 Forest Road) from Two-Family Primary/Secondary Residential (PS) to
Outdoor Recreation (OR) and to zone a portion of the Forest Road ROW to Two-
Family Primary/Secondary Residential (PS) and setting forth details in regard
thereto. (PEC21-0051)
Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects
Planner: Jonathan Spence
I. SUMMARY
The applicant, Mexamer Forest Road LLC, represented by KH Webb Architects, is
requesting a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of a portion of Lot 15, Block 1, Vail Village Filing (826 Forest Road) from Two-
Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to zone a
portion of the Forest Road ROW to Two-Family Primary/Secondary Residential (PS).
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 forwards a
recommendation of approval, to the Vail Town Council, for a zone district boundary
amendment, subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for rezoning of a portion of Lot 15, Block 1, Vail Village Filing No. 6 (826
Forest Road) from Two-Family Primary/Secondary Residential (PS) to Outdoor
Recreation (OR) and to zone a portion of the Forest Road ROW to Two-Family
Primary/Secondary Residential (PS). The rezonings are necessary to maintain zoning
consistency following a land swap between the property owner of 816 and 826 Forest
Road and the Town of Vail.
February 15, 2022 - Page 107 of 141
Town of Vail Page 2
The map below shows the existing Official Zoning Map and the result of the
amendment, if approved by the Town Council.
III. BACKGROUND
Lots 14 and 15 of Vail Village Filing No. 6 were platted under Eagle County jurisdiction
in 1964. A single-family home was formerly located on Lot 14 with a significant number
of wood stairs accessing it from W. Forest Road. The parking for this home was
historically located within the West Forest Road Right of Way, within a large flat area
between the private lot and Gore Creek. That home has since been demolished along
with the stairs. Any new development is required to meet Town Code and Development
Standards and park on private property, not within the Town Right of Way.
The developer completed a land swap with the Town of Vail in the fall of 2021. The
purpose of the land swap is to assist in gaining access. The portion of Right of Way the
developer acquired is mostly on the steep slope between the large flat area and the
private lots. This allows the Town to use the flat area within the Right of Way for a truck
turnaround, snow storage, and intermittent staging as it is used today. The portion of
February 15, 2022 - Page 108 of 141
Town of Vail Page 3
property that the Town would receive is adjacent to Gore Creek and 830 West Forest
Road, a lot already owned by the Town of Vail. It is a relatively steep site and includes
an existing informal trail that connects the Gore Valley Trail to the West Forest Road
Right of Way.
IV. APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Land Use Plan Chapter II – Land Use Goals and Policies (In Part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial
goals were developed which were then substantially revised after different types of
opinions were brought out in the second meeting. The goal statements were
developed to reflect a general consensus once the public had had the opportunity to
reflect on the concepts and ideas initially presented. The goal statements were then
revised through the review process with the Task Force, the Planning and
Environmental Commission and Town Council and now represent policy guidelines in
the review process for new development proposals. These goal statements should be
used in conjunction with the adopted Land Use Plan map, in the evaluation of any
development proposal.
The goal statements which are reflected in the design of the proposed Plan are
as follows:
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
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Town of Vail Page 4
5.4. Residential growth should keep pace with the marketplace demands for
a full range of housing types.
B. Title 12, Zoning Regulations, Vail Town Code (in part)
Chapter 12-1: Title, Purpose and Applicability
12-1-2: Purpose:
A. 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.
B. 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.
V. SURROUNDING LAND USES
Land Uses Zoning
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Town of Vail Page 5
North: ERWSD Lionshead Mixed Use 1
South: Undeveloped US Forest (County)
East: Residential Primary/Secondary Residential
West: Undeveloped Outdoor Recreation (OR) (Town Owned)
VI. SITE ANALYSIS
Address: 816/826 Forest Road
Legal Description: Lot 14/15, Vail Village Filing No. 6
Zoning: Primary Secondary Residential
Land Use Plan Designation: Low Density Residential
Current Land Use: Vacant Land
Geological Hazards: None
VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the Planning and Environmental Commission
shall consider the following factors with respect to this proposal:
1. The extent to which the zone district amendment is consistent with all 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.
Staff finds the proposed rezoning to be consistent with the following goals of the Vail
Land Use Plan:
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both
the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
February 15, 2022 - Page 111 of 141
Town of Vail Page 6
5.4. Residential growth should keep pace with the marketplace demands for a full
range of housing types.
Staff finds the proposed rezoning to be consistent with the following general and
specific purposes of the Town’s adopted Zoning Regulations:
12-1-2: Purpose:
A. 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.
B. 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.
February 15, 2022 - Page 112 of 141
Town of Vail Page 7
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds the proposed rezoning to be consistent with the following purpose of the
Two-Family Primary/Secondary Residential (PS) District identified in Section 12-6D-1,
Purpose, Vail Town Code:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
Therefore, Staff finds the proposed rezoning meets this review criterion.
2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents.
The purpose of the zone district boundary amendment is to bring the Official Zoning
Map into compliance with the amended property lines resulting from the completed land
exchange.
Staff finds that the proposed rezoning is suitable with the potential uses on the site and
with potential and existing surrounding uses. Therefore, Staff finds the proposed
rezoning meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives.
The proposed zone district amendment will allow for development that is harmonious
with its surrounding uses. A portion of Lot 15 involved in the land exchange will remain
in its undeveloped state and become part of 830 Forest Road, a Town-owned parcel
zoned Outdoor Recreation.
Therefore, Staff finds the proposed rezoning meets this review criterion.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
February 15, 2022 - Page 113 of 141
Town of Vail Page 8
The development standards of the Two-Family Primary/Secondary Residential (PS)
District will ensure appropriate, compatible development that is in the best interest of the
community. This zoning amendment does not result in the granting of privilege nor is it
incompatible with the Vail Comprehensive Plan, two tests for a determination of spot
zoning. Therefore, Staff does not believe the applicant’s proposal constitutes a spot
zoning and finds the proposed rezoning meets this review criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including, but not limited to, water
quality, air quality, noise, vegetation, riparian corridors, hillsides and other
desirable natural features.
Staff finds that rezoning of the subject properties will not substantially alter the impacts
on the natural environment in comparison to existing zoning conditions. All appropriate
measures to address issues including stormwater runoff and water quality shall be
required with any development proposal.
Therefore, Staff finds the proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
As identified above, Staff finds that the proposed rezoning is consistent with the
purpose of the Two-Family Primary/Secondary Residential (PS) District. The rezoning
and subsequent development further the purpose of the zone district by providing a
suitable location for residential development and constructed to maintain the desirable
residential qualities of the district and the greater neighborhood.
Therefore, Staff believes the proposed rezoning meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
The minor zone district amendment is the result of a unique circumstance involving the
relationship of existing property lines, Town-owned property and dramatic changes in
grade. The zoning amendment seeks to improve upon this existing condition while
preserving needed Town functions in the area.
Therefore, Staff believes the proposed rezoning meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
February 15, 2022 - Page 114 of 141
Town of Vail Page 9
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, to the Vail Town
Council, for a zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of a portion of Lot 15, Block 1,
Vail Village Filing No. 6 (826 Forest Road) from Two-Family Primary/Secondary
Residential (PS) to Outdoor Recreation (OR) and to zone a portion of the Forest Road
ROW to Two-Family Primary/Secondary Residential (PS) and setting forth details in
regard thereto. (PEC21-0051). Staff’s recommendation is based upon the review of the
criteria described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, 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 zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning
of a portion of Lot 15, Block 1, Vail Village Filing No. 6 (826 Forest Road) from
Two-Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and
to zone a portion of the Forest Road ROW to Two-Family Primary/Secondary
Residential (PS) and setting forth details in regard thereto. (PEC21-0051).
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated January 10,
2022, 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; 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
February 15, 2022 - Page 115 of 141
Town of Vail Page 10
and its established character as a resort and residential community of the
highest quality.
IX. ATTACHMENTS
A. Zoning exhibit
B. Ordinance No. 14, Series of 2021
February 15, 2022 - Page 116 of 141
Zoning: Not D esignated
W
F
O
R
E
S
T R
D
I
Subject Property
0 75 15037.5
Feet
Z o n e D i s t r i c t A m e n d m e n t P r o p o s a lZone D i s t r i c t A m e n d m e n t P r o p o s a lVail V i l l a g e F i l i n g 6 , B l o c k 1 , L o t s 1 4 & 1 5Vail V i l l a g e F i l i n g 6 , B l o c k 1 , L o t s 1 4 & 1 5
8 1 6 & 8 2 6 F o r e s t R o a d816 & 8 2 6 F o r e s t R o a d
Area to be conveyed to TOVProposed Zoning: Outdoor Recreation
Area to be conveyed to Private PropertyProposed Zoning: Two-Family P/SWF
O
R
E
S
T
R
D
This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly. Th e To wn of Va il does n ot wa rrant th e a ccu ra cy of the informatio n containe d herein.
(whe re shown, parcel lin e w ork is ap pro ximate)
Last Modified: November 30, 2021
Two-Fa mily Primary/Seconda ry Residential (PS)
Outdoor Recreatio n (O R)
Natu ral Area Preservation (NAP)
Gene ral Use (G U)
ProposedExisting
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P L ANNI NG AND E NV I RO NM E NTAL
C O M M IS S IO N
J anuary 10, 2022, 1:00 P M
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
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2.Attendance
Present: Ludwig Kurz, Brian Gillette, Rollie Kjesbo, Karen Perez, J enn
Bruno, Reid Phillips, Henry Pratt
Absent: None
1.3.Swearing in of New Member J enn Bruno
2.Main Agenda
2.1.A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village
Filing (826 Forest Road) from Two-Family Primary/Secondary Residential
(P S) to Outdoor Recreation (OR) and to zone a portion of the Forest Road
ROW to Two-Family Primary/Secondary Residential (P S) and setting forth
details in regard thereto. (P E C21-0051)
20 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
Planning Manager J onathan Spence gives a presentation about the
application regarding items 2.1 and 2.2.
Gillette joins meeting.
Kurz asks about the property exchange agreement.
Spence clarifies that the signed agreement was not included in the packet
but has been completed.
Pratt asks if the land swap was square foot for square foot.
Spence confirms.
Perez asks if there is owner comment.
February 15, 2022 - Page 131 of 141
Kurz asks for public input.
Kyle Webb is with K H Webb Architects representing the applicants. He
says he is happy to answer questions.
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (7-0).
2.2.A request for review of a Minor Subdivision, pursuant to Section 13-4,
Minor Subdivisions, Vail Town Code, to adjust property lines in the vicinity of
Lots 14 and 15, Block 1, Vail Village Filing 6, and setting forth details in
regard thereto. (P E C21-0050)
20 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
1. Prior to providing the plat to the Town of Vail for appropriate
signatures, the plat shall be amended to correct minor discrepancies
related to lot size and plat format.
Perez notes that this item in the web agenda links to I tem 2.1.
Kurz asks for public input.
Perez says she couldn’t read the item in the packet so it will be difficult to
vote on.
Gillette asks a clarifying question about the findings.
Spence clarifies staff recommendations regarding findings and conditions.
Perez says she is not comfortable voting without having read the memo.
Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the
motion and it passed (6-0).
Abstain:(1)Perez
2.3.A request for the review of a Variance from Section 12-21-12, Restrictions
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail
Village Filing No. 6 and setting forth details in regard thereto. (P E C21-
0045)
P E C21-0045 & P E C21-0048 will be heard concurrently.
20 min.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Prior to submitting for a building permit for either Lot 14 or Lot 15,
the applicant shall submit a complete application for an amended plat
for 830 Forest Road.
February 15, 2022 - Page 132 of 141
I tem 2.3 and 2.4 will be heard concurrently.
Planner Spence gives a presentation on the application and the history of
the property. Staff finds that the criteria for variances has been met.
Pratt asks if the driveway section on the eastern lot shows walls and the
height of those walls.
Spence confirms the walls meet code and do not exceed 6 feet.
Phillips asks if there has been Fire department input on this?
Spence says the Fire Department has been involved in the review.
Webb gives a presentation on the application. He thanks town staff. He says
they have been working on this over a year. He talks about the challenges of
the site. He goes through versions of the plan. He says it has been a
collaborative process to get the driveway number as low as possible.
Gillette asks about legally conforming access to the ROW .
Webb talks about conforming access, lot 826 will have it with easement
access.
Gillette asks if the turnaround was ROW or open space?
Webb says staff couldn’t classify it, but they needed a hammerhead
turnaround in that area.
Kurz asks for public input.
Perez says staff and the applicant have done a great job in trying to make
this work, and this is what a proper hardship looks like.
Gillette says that last meeting the board turned down a variance request. He
says this application has good reason for a variance but so did the
application last meeting. They shouldn’t dismiss them easily.
Perez says the applicant needs to make the effort.
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
2.4.A request for the review of a Variance from Section 12-21-12, Restrictions
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 826 Forest Road/Lot 15, Block 1, Vail Village Filing 6
and setting forth details in regard thereto. (P E C21-0048)
P E C21-0045 & P E C21-0048 will be heard concurrently.
Please see P E C21-0045 for the staff memorandum and related
attachments.
Applicant:Mexamer Forest Road L L C, represented by K H W ebb
Architects
Planner:J onathan Spence
February 15, 2022 - Page 133 of 141
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Prior to submitting for a building permit for either Lot 14 or Lot 15,
the applicant shall submit a complete application for an amended plat
for 830 Forest Road.
I tem 2.3 and 2.4 will be heard concurrently.
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
3.Approval of Minutes
3.1.December 13, 2021 P E C Results
Reid Phillips moved to approve. Rollie Kjesbo seconded the motion and it
passed (6-0).
Abstain:(1)Bruno
4.Adjournment
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
February 15, 2022 - Page 134 of 141
Ordinance No. 1, Series 2022
- 1 -
ORDINANCE NO. 1
SERIES OF 2022
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A
PORTION OF LOT 15, VAIL VILLAGE FILING NO. 6 FROM TWO-FAMILY
PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT TO THE OUTDOOR
RECREATION (OR) DISTRICT AND TO ALLOW FOR A REZONING OF TWO PARCELS OF
TOWN OF VAIL RIGHT-OF-WAY FROM UNDESIGNATED TO THE TWO-FAMILY
PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”),
is a home rule Town duly existing under the Constitution and laws of the State of Colorado and
its home rule charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for
amending a zone district boundary;
WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to
establish comprehensive zoning regulations;
WHEREAS, on January 10, 2022 the Town’s Planning and Environmental Commission
(the “PEC”) held a public hearing on the zone district boundary amendment to rezone the
property described and depicted in Exhibits A, B and C. attached hereto and made a part hereof
by this reference;
WHEREAS, on January 10, 2022 the PEC forwarded a recommendation of approval to
the Council for the zone district boundary amendment;
WHEREAS, the Council finds and determines 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;
WHEREAS, the Council finds and determines that the amendment to the Town Code
furthers the general and specific purposes of the Town’s zoning regulations; and
WHEREAS, the Council finds and determines that the amendment promotes 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. This ordinance adopts the following zone district boundary amendment as
February 15, 2022 - Page 135 of 141
Ordinance No. 1, Series 2022
- 2 -
further described in Exhibit A: Two-Family Primary/Secondary Residential (P/S) District to the
Outdoor Recreation (O/R) District
Section 2. This ordinance adopts the following zone district boundary amendment as
further described in Exhibits B and C: Undesignated to Two-Family Primary/Secondary
Residential (P/S) District
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence
and testimony presented in consideration of this ordinance, the Vail Town Council finds and
determines the follows:
a. The zone district boundary amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the Town;
b. The zone district boundary amendment is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas;
c. The zone district boundary 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; and
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
and the inhabitants thereof.
Section 4. 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 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 5. 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 6. 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
February 15, 2022 - Page 136 of 141
Ordinance No. 1, Series 2022
- 3 -
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of February 2022, and a public
hearing for second reading of this Ordinance set for the 15th day of February 2022 in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
__________________________
Kim Langmaid, Town Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
15th day of February 2022.
___________________________
Kim Langmaid, Town Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
February 15, 2022 - Page 137 of 141
1 OF 2
EXHIBIT A
TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT
TO THE OUTDOOR RECREATION (O/R) DISTRICT
LAND DESCRIPTION
A PORTION OF LOT 15, BLOCK 1 OF VAIL VILLAGE, SIXTH FILING, LYING WITHIN THE NORTHWEST
QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15;
THENCE ALONG THE NORTH LINE OF SAID LOT 15, NORTH 73°57’02” EAST, A DISTANCE OF 66.25 FEET
TO THE MOST NORTHERLY CORNER OF SAID LOT 15;
THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16°02’58” WEST, A DISTANCE OF 31.48 FEET;
THENCE DEPARTING SAID BOUNDARY, SOUTH 73°57’02” WEST, A DISTANCE OF 76.64 FEET TO A POINT
ON THE WEST LINE OF SAID LOT 15;
THENCE ALONG SAID WEST LINE OF LOT 15, NORTH 02°14’25” EAST, A DISTANCE OF 33.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,249 SQUARE FEET OR 0.052 ACRE OF LAND.
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL
VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED
AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A
NUMBER 3 REBAR.
PREPARED BY:
STACY LYNN JACOBS, PLS
COLORADO REGISTRATION NO. 38495
FOR, AND ON BEHALF OF:
R&R ENGINEERS-SURVEYORS, INC.
PROJECT NO. EV20127
February 15, 2022 - Page 138 of 141
1 OF 2
EXHIBIT B
UNDESIGNATED TO TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT
LAND DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH FILING;
THENCE ALONG THE NORTH LINE OF SAID LOT 14, SOUTH 88°14’31” WEST, A DISTANCE OF 110.26 FEET
TO THE NORTHWEST CORNER OF SAID LOT 14 AND THE POINT OF BEGINNING;
THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 14, NORTH 02°4’25”
EAST, A DISTANCE OF 17.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF
61.05 FEET;
THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, THROUGH
A CENTRAL ANGLE OF 23°08’01”, FOR AN ARC LENGTH OF 24.65 FEET (THE CHORD OF SAID CURVE
BEARS SOUTH 77°00’34” FOR A LENGTH OF 24.48 FEET);
THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 88°36’09” EAST, A DISTANCE OF 4.65
FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 34.51 FEET;
THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY,
THROUGH A CENTRAL ANGLE OF 45°14’04”, FOR AN ARC LENGTH OG 34.51 FEET (THE CHORD OF SAID
CURVE BEARS NORTH 66°46’04” EAST FOR A LENGTH OF 33.62 FEET);
THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, NORTH 39°54’26” EAST, A DISTANCE OF 2.46
FEET;
THENCE SOUTH 63°53’26” EAST, A DISTANCE OF 54.06 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1,494 SQUARE FEET OR 0.034 ACRE OF LAND.
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL
VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED
AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A
NUMBER 3 REBAR.
PREPARED BY:
STACY LYNN JACOBS, PLS
COLORADO REGISTRATION NO. 38495
FOR, AND ON BEHALF OF:
R&R ENGINEERS-SURVEYORS, INC.
PROJECT NO. EV20127
February 15, 2022 - Page 139 of 141
1 OF 2
EXHIBIT C.
UNDESIGNATED TO TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT
LAND DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 15, CLOCK 1, VAIL VILLAGE SIXTH FILING;
THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16°02’58” EAST, A DISTANCE OF 37.04 FEET TO
THE POINT OF BEGINNING, BEING THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF
45.34 FEET;
THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY,
THROUGH A CENTRAL ANGLE OF 40°27’45”, FOR AN ARC LENGTH OF 32.02 FEET (THE CHORD OF SAID
CURVE BEARS SOUTH 78°45’17” EAST FOR A LENGTH OF 31.36 FEET);
THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 62°34’44” EAST, A DISTANCE OF 4.98
FEET, TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 15;
THENCE ALONG SAID NORTHERLY EXTENSION OF SAID LOT 15, SOUTH 02°14’25” WEST, A DISTANCE OF
17.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 15;
THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 88°14’31” EAST, A DISTANCE OF 26.77 FEET TO
AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 15;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 15, NORTH 16°02’58” WEST, A DISTANCE OF
27.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 756 SQUARE FEET OR 0.017 ACRE OF LAND.
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL
VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED
AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A
NUMBER 3 REBAR.
PREPARED BY:
STACY LYNN JACOBS, PLS
COLORADO REGISTRATION NO. 38495
FOR, AND ON BEHALF OF:
R&R ENGINEERS-SURVEYORS, INC.
PROJECT NO. EV20127
February 15, 2022 - Page 140 of 141
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: Adjournment 8:45 pm (estimate)
February 15, 2022 - Page 141 of 141