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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 - 2 - 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 - 3 - 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 - 4 - 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? February 15, 2022 - Page 21 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |3 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) February 15, 2022 - Page 22 of 141 CHARACTERIZING STRS IN VAIL STR INVENTORY ANALYSIS February 15, 2022 - Page 23 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |5 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) February 15, 2022 - Page 24 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |6 REGISTERED STRS MAILING ADDRESS LOCATIONS February 15, 2022 - Page 25 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |7 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. February 15, 2022 - Page 26 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |8 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. February 15, 2022 - Page 27 of 141 COMMUNITY COMPOSITION AND COMPARISON TO PEERS February 15, 2022 - Page 28 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |10 TOWN OF VAIL: NUMBER OF HOUSING UNITS 2010, 2019 February 15, 2022 - Page 29 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |11 TOWN OF VAIL: PERCENT OF HOUSING UNITS 2010, 2019 February 15, 2022 - Page 30 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |12 NUMBER OF REGISTERED VOTERS BY YEAR February 15, 2022 - Page 31 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |13 AGE OF REGISTERED VOTERS –2014 & 2021 February 15, 2022 - Page 32 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |14 TOWN OF VAIL: PERCENT OF HOUSING UNITS 2019 VS PEERS February 15, 2022 - Page 33 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |15 TOWN OF VAIL: PERCENT OF HOUSING UNITS 2019 VS PEERS February 15, 2022 - Page 34 of 141 February 15, 2022 - Page 35 of 141 NEIGHBORHOOD COMPOSITION February 15, 2022 - Page 36 of 141 February 15, 2022 - Page 37 of 141 February 15, 2022 - Page 38 of 141 February 15, 2022 - Page 39 of 141 February 15, 2022 - Page 40 of 141 February 15, 2022 - Page 41 of 141 February 15, 2022 - Page 42 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |24 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 February 15, 2022 - Page 43 of 141 REAL ESTATE SALES DATA February 15, 2022 - Page 44 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |26 NUMBER AND PERCENT OF SALES BY PRICE 2018 -2021 February 15, 2022 - Page 45 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |27 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 February 15, 2022 - Page 46 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |28 MLS SUMMARY BY REGISTRATION AND UNIT TYPE February 15, 2022 - Page 47 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |29 MLS SUMMARY BY AREA February 15, 2022 - Page 48 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |30 NUMBER OF SALES BY AREA 2018 -2021 February 15, 2022 - Page 49 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |31 MEDIAN SOLD PRICE PER SQ. FOOT BY AREA 2018 -2021 February 15, 2022 - Page 50 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |32 MEDIAN SOLD PRICE BY AREA 2018 -2021 February 15, 2022 - Page 51 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |33 MLS SUMMARY BY COMPARABLE AREAS AND UNIT TYPES February 15, 2022 - Page 52 of 141 DISCUSSION POINTS AND NEXT STEPS February 15, 2022 - Page 53 of 141 Economic & Planning Systems | RRC Associates Vail STR Study |35 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 February 15, 2022 - Page 54 of 141 DETAILED SLIDES SHOWING COMPOSITION BY AREA February 15, 2022 - Page 55 of 141 February 15, 2022 - Page 56 of 141 February 15, 2022 - Page 57 of 141 February 15, 2022 - Page 58 of 141 February 15, 2022 - Page 59 of 141 February 15, 2022 - Page 60 of 141 February 15, 2022 - Page 61 of 141 February 15, 2022 - Page 62 of 141 February 15, 2022 - Page 63 of 141 February 15, 2022 - Page 64 of 141 February 15, 2022 - Page 65 of 141 February 15, 2022 - Page 66 of 141 February 15, 2022 - Page 67 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: 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 February 15, 2022 - Page 69 of 141 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. February 15, 2022 - Page 70 of 141 Town of Vail Page 3  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. February 15, 2022 - Page 71 of 141 Town of Vail Page 4  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 February 15, 2022 - Page 72 of 141 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 February 15, 2022 - Page 73 of 141 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 February 15, 2022 - Page 74 of 141 1 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 75 of 141 2 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 76 of 141 3 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 77 of 141 4 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 78 of 141 5 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 79 of 141 6 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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). February 15, 2022 - Page 80 of 141 7 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 81 of 141 8 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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, February 15, 2022 - Page 82 of 141 9 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 83 of 141 10 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 84 of 141 11 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 85 of 141 12 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 86 of 141 13 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 87 of 141 14 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 February 15, 2022 - Page 88 of 141 15 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 89 of 141 16 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 $15,000 per day or portion thereof. For each day that the commencement of Phase 2 is delayed due to delays in completion of Phase 1, there shall be a corresponding change in the Schedule by one day. Notwithstanding the foregoing, the final completion deadline of October 1, 2023 shall not be extended under any circumstances, and the corresponding delay damages shall begin on October 1, 2023. February 15, 2022 - Page 90 of 141 17 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX EXHIBIT D TOTAL PROJECT COSTS Residences  at Main Vail Exhibit D Development Program  and Budget 1/25/22 Phase 2 Budget Hardcost GC Hardcost 23,279,221$     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$     February 15, 2022 - Page 91 of 141 18 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 92 of 141 19 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 93 of 141 20 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 94 of 141 21 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 95 of 141 22 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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 ) February 15, 2022 - Page 96 of 141 23 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX ) 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: ______________ February 15, 2022 - Page 97 of 141 24 2/10/2022 S:\PUBLIC WORKS\FACILITIES\RESIDENCES AT MAIN VAIL\PHASE 2-DEVELOPER AGREEMENT.DOCX 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. February 15, 2022 - Page 104 of 141 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. February 15, 2022 - Page 109 of 141 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 February 15, 2022 - Page 110 of 141 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 February 15, 2022 - Page 117 of 141 February 15, 2022 - Page 118 of 141 February 15, 2022 - Page 119 of 141 February 15, 2022 - Page 120 of 141 February 15, 2022 - Page 121 of 141 February 15, 2022 - Page 122 of 141 February 15, 2022 - Page 123 of 141 February 15, 2022 - Page 124 of 141 February 15, 2022 - Page 125 of 141 February 15, 2022 - Page 126 of 141 February 15, 2022 - Page 127 of 141 February 15, 2022 - Page 128 of 141 February 15, 2022 - Page 129 of 141 February 15, 2022 - Page 130 of 141 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