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HomeMy WebLinkAbout2022-06-21 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 P M, June 21, 2022 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.Consent Agenda (5 min.) 3.1.May 3, 2022 Town Council Meeting Minutes 3.2.May 17, 2022 Town Council Meeting Minutes 3.3.Resolution No. 33, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Vail Heights, Unit 11 Phase I I I 2059 Chamonix Lane, Vail Colorado 81657 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 33, Series Background: Town wishes to purchase Vail Heights Unit 11 2059 Chamonix Lane for employee housing. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 33, Series of 2022 4.Presentations / Discussion 4.1.Colorado Department of Transportation I -70 West Vail Pass Project Update 15 min. Presenter(s): Karen Berdoulay, C D OT Eagle Resident Engineer Action Requested of Council: Listen to the presentation and provide feedback. Background: The W est Vail Pass Project is a project which began last year and will continue through 2025. C D OT will provide an update regarding the work scheduled for this year as well as future years. 4.2.Vail Mobility & Transportation Master Plan Update 15 min. June 21, 2022 - Page 1 of 189 Presenter(s): Tom Kassmel, Town Engineer and Ann Bowers, Fehr & Peers Action Requested of Council: Listen to presentation and provide any feedback Background: The Town of Vail has awarded the Vail Mobility & Transportation Master Plan contract to Fehr & Peers. The purpose of today’s presentation is to introduce the consultant team and provide an overview of next steps. Staff Recommendation: Listen to presentation and provide any feedback 5.Action Items 5.1.Dowd J unction Streambank Stabilization Project Contract Award Update 10 min. Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with W hinnery Construction I nc. in the amount not to exceed $706,000 Background: The project contract was awarded in 2019, however it was delayed due to permitting and C OV I D. Since that time construction costs have increased 30%. Staff Recommendation: Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with W hinnery Construction I nc. in the amount not to exceed $706,000 5.2.Multimodal Transportation Mitigation Options Fund grant submittals 15 min. Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Support, Deny or Modify the submittal of the two grant proposals and the associated future funding Background: The Town of Vail is planning on submitting for two Multimodal Transportation and Mitigation Options Fund grants with the state of Colorado. The grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. Staff Recommendation: Support the submittal of the two grant proposals and the associated future funding 5.3.Ordinance No. 12, Series of 2022, First Reading, An Ordinance Amending Title 5, Chapter 1 and Title 7 Chapter 10 of the Vail Town Code Regarding I dling 20 min. Presenter(s): Commander Ryan Kenney, Vail Police Department and Kristen Bertuglia, Director of Environmental Sustainability Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 12, Series of 2022. Background: Vail Town Council has asked staff to change the idling ordinance to reflect 5 minutes maximum for idling time. Staff Recommendation: Approve, approve with amendments or deny Ordinance 12, Series of 2022. 5.4.Contract Award to W RT for the 2022 Ford Park Master Plan Update.10 min. Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manger to enter into a consultant contract with W RT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51K be added to the second supplemental budget. June 21, 2022 - Page 2 of 189 Background: A Request for Proposals for the Ford Park Master Plan Update was issued to the public on February 7, 2022. Three firms responded with proposals on March 17, 2022. Two of these firms were interviewed on May 11, 2022. The landscape architecture firm of W RT with offices in Denver, Philadelphia, and San Francisco with the local engineering firm of Martin and Martin and the park management consulting firm of P ROS, Cincinnati, OH, was selected as the team best suited to complete the master plan update. Staff Recommendation: Direct the Town Manger to enter into a consultant contract with W RT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51K be added to the second supplemental budget. 6.Public Hearings 6.1.Ordinance No. 4, Series of 2022, First Reading - An Ordinance Amending the Approved Development plan for Special Development District No. 36, Four Seasons Resort 30 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. Background: On May 9, 2022, the Town of Vail Planning and Environmental Commission (P E C) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to the requirement of Section 12-9A, Special Development (S D D) District, Vail Town Code. At the conclusion of the public hearing, the P E C voted 4-1-0 (Lipnick Opposed) to forward a recommendation of denial, to the Vail Town Council Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. 6.2.Ordinance No. 11, Series of 2022, Second Reading, an Ordinance Replacing Chapter 14 of Title 4 of the Vail Town Code to Update Short-Term Rental Regulations and License Requirements 30 min. Presenter(s): Kathleen Halloran, Director of Finance and Alex J akubiec, Revenue Manager Action Requested of Council: Approve, approve with amendments or deny Second Reading Ordinance No. 11, Series 2022. Background: Based on feedback received during the short-term rental (S TR) study presented at Vail Town Council meetings the attached Ordinance No. 11, Series 2022 was drafted to address the evolving concerns of S TR regulation in Vail. The recommended updates to existing regulations include requirements for fire safety inspections, proof of adequate insurance, increased fees to cover Town administrative costs, a requirement to post the S TR license visible from the exterior of the property, and increases to the fines and penalties for violations. During the first reading, Council struck a provision for an additional per-bedroom fee to offset impacts to local housing. The code amendments in the Ordinance have an effective date of J anuary 1st, 2023 and current registrants would be required to comply with the new licensing requirements by the next renewal date in the licensing cycle - February 28th, 2023. Staff Recommendation: Approve, approve with amendments or deny Second Reading Ordinance No. 11, Series 2022. June 21, 2022 - Page 3 of 189 7.Adjournment 7.1.Adjournment 8:40 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media 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. June 21, 2022 - Page 4 of 189 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: May 3, 2022 Town Council Meeting Minutes AT TAC H ME N TS: Description May 3, 2022 Town Council Meeting Minutes June 21, 2022 - Page 5 of 189 Town Council Meeting Minutes of May 3, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, May 3, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jenn Mason Pete Seibert Jonathan Staufer Staff members present: Stan Zemler, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Rick Sackbauer, Vail resident, thanked Charlie Turnbull and his Public Works crew for clearing the snow at Golden Peak to make room for pickleball parking. Dave Chapin, Vail resident, thanked Vail Valley Foundation for a great line up of concerts at the Gerald Ford Amphitheater. Also suggested announcement by Vail Resorts to extend ski season should come a little earlier than what happened this year. He also inquired about a fence in East Vail and other matters. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 5, Series of 2022, Wildfire Preparedness Month Presenter(s): Paul Cada, Wildland Program Manager Background: This is a joint proclamation of Eagle County and the Towns within Eagle County declaring May to be Wildfire Awareness Month. Citizens are encouraged to take action to reduce the wildfire threat and prepare for a potential wildfire. Staff Recommendation: Approve Proclamation No. 5, Series of 2022 Council members took turns reading Proclamation No. 5, Series of 2022 into the record. June 21, 2022 - Page 6 of 189 Town Council Meeting Minutes of May 3, 2022 Page 2 4. Consent Agenda 4.1. April 5, 2022 Town Council Meeting Minutes Foley made a motion to approve the April 5, 2022 meeting minutes; Davis seconded the motion passed (7-0). 4.2. April 19, 2022 Town Council Meeting Minutes Davis made a motion to approve the April 19, 2022 meeting minutes; Coggin seconded the motion passed (7-0). 4.3. Resolution No. 20, Series of 2022, A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2022 Through December 31, 2022. Action Requested of Council: Approve, approve with amendments or deny Resolution No. 20, Series of 2022. Background: See attached memo. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 20, Series of 2022. Mason made a motion to approve Resolution No. 20, Series of 2022; Coggin seconded the motion passed (7-0). 4.4. Resolution No. 21, Series of 2022, a Resolution Approving an Agreement between the Town of Vail and the State of Colorado Department of Human Services for Co- Responder Mental Health Services Background: The Intergovernmental Agreement with the State of Colorado Department of Human Services for mental health service is necessary and will promote the health, safety, morals, and general welfare of the Town. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 21, Series of 2022. Foley made a motion to approve Resolution No. 21, Series of 2022; Staufer seconded the motion passed (7-0). 4.5. Resolution No. 23, Series of 2022, A resolution approving the purchase of residential property known as Pitkin Creek Condominium Unit 5-L, 3931Bighorn Road, Vail CO. 81657 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 23, 2022 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 23, 2022 June 21, 2022 - Page 7 of 189 Town Council Meeting Minutes of May 3, 2022 Page 3 Coggin made a motion to approve Resolution No. 23, Series of 2022; Davis seconded the motion passed (7-0). 5. Town Manager Report 5.1. Community Picnic Updates Background: Bighorn Park Picnic July 19, 2022; Donovan Park Picnic August 9, 2022 Zemler stated the community picnics would be held July 19 at Bighorn Park and Aug. 19 at Donovan Park. 6. Action Items 6.1. Resolution No. 22, Series of 2022, A Resolution of the Vail Town Council Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open Space Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 22, Series of 2022 Background: During the April 19th Town Council directed the Town Attorney to return to the May 3rd meeting with a resolution to exercise the power of eminent domain for the acquisition, by condemnation, of a fee interest in the Booth Heights parcel as open space is necessary and serves a public purpose. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 22, Series of 2022. Mire presented Resolution No. 22, Series of 2022 to council explaining the resolution would be used as a process of good faith negotiation. Mayor asked for public comment. Greg Willis, Vail Resort employee, stated he supported Vail resorts employee housing project. He suggested council should not pass the resolution. Alex Boian, Vail Resort employee, stated he supported housing in East Vail. He stated affordable housing was a national issue, but the housing issue here was at crisis level. He hoped council would not pass the resolution. Nadia Guerriero, Vail Resort employee, said the East Vail housing project was right for the community. She hoped council would not pass the resolution. Terry Meyers, Rocky Mountain Bighorn Society, expressed his concerns about the survival of the East Vail sheep herd if Vail Resorts East Vail project went forward. He hoped council would pass resolution. June 21, 2022 - Page 8 of 189 Town Council Meeting Minutes of May 3, 2022 Page 4 Brian Stockmar, Vail resident, expressed support for Resolution No. 22 saying the development would have critical results of depletion of the sheep in East Vail. Karen Tobin, Vail Resort employee, supported affordable housing and hoped council would not pass the resolution. Tom Vucich, Vail resident, recalled the months of attempted negotiations by the Town Council to find an alternative housing site and supports condemnation action. Cindy Ryerson, Vail resident, supported council moving forward passing the resolution. She suggested Vail Resort build their housing on their Ever Vail site. Bobby Lipnick, Vail resident, he stated it was discriminating to employees to condemn the Vail Resort parcel. He felt we need affordable housing. Lipnick hoped council would not pass the resolution. Todd Winslow Pierce said Vail's economic prosperity had depended on the environment and the presence of wildlife. While he appreciated the need for housing, he stated the East Vail site was not the right location. There are other options for housing, such as Ever Vail. Betsey Kiehl was in support of condemnation. She encouraged council to move forward with passing the resolution. Chris Romer, Vail Valley Partnership, supported housing in Vail Resorts property. He hoped council would pass not pass the resolution. Ted Simonett of East Vail is sharing his concerns about the welfare of the bighorn sheep herd. Elyse Howard, Vail resident, stated workers want to work where they live. She hoped council would not pass the resolution. Chris Mills Vail resident and Vail Resort employee advocated in support of the housing project Doug Schofield, senior manager of health and safety for Vail Resorts, and a 32 year resident advocated in support of the East Vail housing development. Jenn Bruno, Vail resident, stated Vail businesses were losing employees due to the lack of affordable housing. She hoped council would not pass the resolution. Rebecca Gould, Vail resort employee, stated employees were leaving the valley due to the lack of housing options. She hoped council would not pass the resolution. Blondie Vucich, Vail resident, hoped council would move forward and pass Resolution No. 22. Tom Ryerson, Vail resident, stated he didn’t appreciate that East Vail was being labeled a NIMBY (Not in my Back Yard). He stated there were alternative sites where the affordable housing project would be better. He hoped council would move forward with passing the resolution. Kate Schifani, Vail Resort employee, supported affordable housing on Vail Resorts East Vail parcel. She hoped council would not pass the resolution. June 21, 2022 - Page 9 of 189 Town Council Meeting Minutes of May 3, 2022 Page 5 Hilary Magner supported affordable housing. She expressed concern about the housing crisis the valley was facing. She hoped council would not pass the resolution. Karen Tannenbaum supported Vail Resorts housing project in East Vail. He hoped council would not pass the resolution. Mike Browning, Vail resident, said there was no other choice for the bighorn sheep to survive. Vail Resorts had other property to build housing on. Andreas Harl suggested the project go to a vote in November and let the people of Vail decide what should happen with the East Vail parcel. Susan Bird, Vail resident, expressed concern for the bighorn sheep herd survival if Vail Resort moved forward with the project. She hoped council would pass the resolution. Samantha Biszantz, Vail resident and business owner, urged council to not pass the resolution and to commit to working together to resolve the issue. Charlyn Canada, Vail resident, talked about the importance of the bighorn sheep herd and supported efforts to preserve the herd. Bart Cuomo stated Vail needed more affordable housing and must rely on the private sector to assist. Cuomo stated we're already surrounded by open space. Hillary Magner, Vail business owner, shared her concern on the impacts regarding the lack of affordable housing in Vail. Trey Milhoan stated only 7,000 bighorn sheep remain in Colorado and there are limits to what wildlife can tolerate. He asked council to stand on conservation principles. Marco Valenti, Vail resident and area manager for Vail Resorts retail, spoke in favor of moving forward with housing in East Vail, noting the challenges in recruiting and retaining employees. Karen Perez, Vail resident and a member of the Planning and Environmental Commission, stated she's concerned with the proposed condemnation path and erosion of public trust. She expressed concerne about private property rights. Pam Stenmark, Vail resident, expressed support of moving forward with condemnation. John Dawsey, vice president of hospitality for Vail Resorts, spoke in support of the East Vail development. Dave Chapin stated condemnation required good faith negotiations. He asked council to reach out to Vail Resorts. Bill Rock, Vail Resorts senior vice president, mountain division, stated condemnation would be an extreme action by council. He stated Vail Resorts was always available to talk but also expressed the company's commitment to move forward with the East Vail development. June 21, 2022 - Page 10 of 189 Town Council Meeting Minutes of May 3, 2022 Page 6 Pete Feistmann, Vail resident, questioned why Vail Resorts did not partner with the town on The Residences at Main Vail development. Public comment was called. Seibert said the town was willing to work with VR and hoped they would come to the table for negotiations. Foley supported condemnation. He reminded the audience the council had just approved a Timber Ridge long term lease with Vail Resorts. He stated VR needed to come to the table to begin negotiations. Staufer said if the project was built in East Vail, the sheep would starve die. Staufer said the town and VR could partner on Timber Ridge and the Ever Vail site. He was in favor of condemnation. Mason said the town had done a lot for housing since she's been on council, including Chamonix Vail and Solar Vail. She said the town had tried to partner with Vail Resorts for the last two years. She stated it was only when the town used the condemnation option that it finally got Vail Resorts' attention. She supports condemnation. Coggin stated he would be voting against condemnation. He felt there was a risk with the unknown cost and hoped things could be worked out. He believed there are other options than condemnation. Davis felt condemnation should a last resort. He believed there are options to collaborate. He'd like to exhaust all options first. Langmaid stated she would be voting to approve the resolution to move forward with good faith negotiations. She was positive there was a solution. Foley made a motion to approve Resolution No. 23, Series of 2022; Staufer seconded the motion passed (4-3*Coggin, Seibert and Davis opposed). 6.2. Ordinance No. 9, Series of 2022, First Reading, An Ordinance Correcting Various Sections of Title 12 of the Vail Town Code to Reflect Changes in the State Law Presenter(s): Johnathan Spences, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2022, upon first reading. Background: During a routine audit, American Legal Publishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised Statues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references. Staff Recommendation: Approve Ordinance No. 9, Series of 2022 upon first reading. Spence quickly reviewed Ordinance No. 9, Series of 2022 with council stating the ordinance would correct outdated references in the Town Code. June 21, 2022 - Page 11 of 189 Town Council Meeting Minutes of May 3, 2022 Page 7 There was no public comment Council had no questions. Foley made a motion to approve Ordinance No. 9, Series of 2022 upon first reading; Coggin seconded the motion passed (7-0). 6.3. Ordinance No. 10, Series of 2022, An Ordinance Amending Section 6-3D4.a.4. of the Vail Town Code, Regarding Harassment Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022. Background: The Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-9-111(1)(e), was an impermissible restriction on free speech. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022. Mire reviewed Ordinance No. 10, Series of 2022 with council. There was no public comment Council had no questions. Foley made a motion to approve Ordinance No. 10, Series of 2022 upon first reading; Staufer seconded the motion passed (7-0). 7. Public Hearings 7.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a Condition of Approval for DRB22-0035, a residential project located at 3070 Booth Creek Drive. Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. Background: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by Shepherd Resources Inc. AIA, requested the review of an addition to an existing single family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of 5-0, approved the project with the noted condition Staff Recommendation: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. June 21, 2022 - Page 12 of 189 Town Council Meeting Minutes of May 3, 2022 Page 8 Spence spoke to council regarding the appeal of the Design Review Boards March 2, 2022 decision meeting, by a vote of 5-0, approved the project with the noted condition for the property known as 3070 Booth Creek Drive, Vail Village Filing No. 11, Block 3, Lot 7. The DRB’s condition to the appeal was prior to submitting for a building permit, the applicant shall cause to be removed all existing private improvements, including sod, located on Vail Village Filing 11, Tract C. Wendell Porterfield, Otto Porterfield and Ayres LLC, spoke on behalf of the Applicant, Delponte Residence Trust. Porterfield provided the history of the property noting a previous lawsuit with the town regarding a condemnation of a parcel known as Tract C, which the town was unsuccessful in accomplishing. Tract C is part of the 11th Filing but is adjacent to a number of lots including the Delponte property. Porterfield said the Applicant’s DRB application that was filed with Community Development did not have any impact on Tract C and all work would be the on the property owned by Delponte Trust. Porterfield felt the condition was very broad and stated there was nothing in the code that could propose a condition to do something that had nothing to do with the application, plus the condition had nothing to do with the site or work itself. Porterfield stated the reason for the condition was to gain what the town was not able to get through the lawsuit. Bert Willemse, Shepherd Resources, Inc AIA, also spoke on behalf of the Applicant about his experience with community development and the DRB process for the project. He stated there were communications between himself and Spence prior to the DRB hearing to ensure the project would be in compliance. On the day of the hearing, it was told to him about the condition for the approval. Spence corrected the record by stating Shepard Resources was informed prior to the application being filed there were due to the pending violations on the property. Porterfield stated the issue was the application could not be denied for submittal because the town had a problem with the past lawsuit. After the town had internal discussions, it was then decided the application could be filed. It was at the hearing when the Applicant was told about the broad condition. There was no public comment. Coggin made a motion that we close the public portion of this hearing, and direct the Town Attorney to prepare written findings and conclusions, for the Town Council's consideration and formal adoption at the next regular meeting of the Town Council, consistent with the following: The Applicant and its predecessor in interest in the Property have installed and maintained numerous encroachments within the stream tract for Gore Creek, including a patio, flagstone, decorative planters, benches, patio furniture, turf grass, sod, and in-ground irrigation infrastructure. These encroachments constitute a violation of Vail Town Code 5-14-4 and have caused and continue to cause damage to the stream tract for Gore Creek. Removal of such encroachments will prevent further damage to the Gore Creek stream tract, and the public health, safety and welfare will be served by their removal. The Town Council therefore upholds the DRB's decision, but modifies the condition of approval, consistent with the following: Prior to submitting an application for a building permit, the Applicant shall remove all encroachments from the stream tract in that portion of the utility easement within Tract C adjacent to the Property including the patio, flagstone, decorative planters, benches, patio June 21, 2022 - Page 13 of 189 Town Council Meeting Minutes of May 3, 2022 Page 9 furniture, turf grass, sod and in-ground irrigation infrastructure; Davis seconded the motion passed (7-0). Porterfield returned to the podium and stated there was no evidence in this record to support the findings that were just made. 7.2. Regional Transportation Authority Public Hearing on Draft Intergovernmental Agreement Presenter(s): Greg Hall Director Public Works and Transportation and Tanya Allen ECO Transit Director Action Requested of Council: • Open the public hearing and begin with a brief presentation regarding the draft Intergovernmental Agreement to form a Regional Transportation Authority • Seek public comment on the draft IGA during the public hearing • Provide Town Council input on the draft IGA Background: The purpose of this item is to conduct the first of two public hearings regarding an Intergovernmental Agreement to form a Regional Transportation Authority. The actions of the council agenda include: • A brief presentation of the draft Intergovernmental Agreement • Conduct a public hearing to receive input on the draft Intergovernmental Agreement • Provide Town Council input on the draft Intergovernmental Agreement, a second public hearing will be held by the Town Council May 17, regarding a resolution approving the IGA. Staff Recommendation: Conduct the public hearing allowing public comment on the draft IGA as well as provide Town Council input on the draft IGA. Allen, ECO Transit Director, presented the material provided in the council’s packets. Allen shared the RTA timeline starting from April/May with public hearings with local government to Nov. 8 when the ballot question would go to the voters. Establishing an RTA had several formal processes defined by state law beginning with an Intergovernmental Agreement (IGA) that establishes a Board of Directors that consists of one elected official from each member entity and contemplates funding. Council had no questions. Langmaid thanked Allen for her presentation and looked forward to hearing more about the Intergovernmental Agreement at the May 17 meeting. 7.3. Ordinance No. 8, Series of 2022, an Ordinance Repealing and Reenacting Title 10, Chapter 1 of the Vail Town Code and Adopting by Reference the 2021 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code, and the 2020 Edition of the National electrical Code, with Amendments; and Adopting the 1997Edition of the Uniform Code for the Abatement of Dangerous Buildings, with Amendments. June 21, 2022 - Page 14 of 189 Town Council Meeting Minutes of May 3, 2022 Page 10 Presenter(s): CJ Jarecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance Number 8, Series of 2022. Background: The building codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate. This allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry. Staff Recommendation: Approve Ordinance Number 8, Series of 2022 as submitted. Jarecki reviewed Ordinance No. 8, Series of 2022. There was no public comment Council had no questions Foley made a motion to approve Ordinance No. 8, Series of 2022 upon first reading; Coggin seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 10:02 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Tammy Nagel, Town Clerk June 21, 2022 - Page 15 of 189 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: May 17, 2022 Town Council Meeting Minutes AT TAC H ME N TS: Description May 17, 2022 Town Council Meeting Minutes June 21, 2022 - Page 16 of 189 Town Council Meeting Minutes of May 17, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, May 17, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jenn Mason Pete Seibert Jonathan Staufer Staff members present: Stan Zemler, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Rick Sackbauer, Vail resident, thanked the Fire Department for helping to wash down the Golden Peak pickleball courts. Jenn Bruno, Vail resident and business owner, thanked council for their consideration of rezoning Middle Creek parcel for housing. Lindsea Stowe, Vail resident and business owner, also thanked council for their consideration of rezoning the Middle Creek parcel for housing. Stephen Connolly, Vail resident, thanked council for modifying the idling ordinance. He also noted housing was a critical issue and needed to be addressed regardless of the outcome on Booth Heights. Robyn Smith, Vail resident, supported taking action to rezone the West Middle Creek parcel whether Vail Resorts choses to partner with the town or not. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 6, Series of 2022, Celebrating 40 Years of Eagle County Paramedic Services Presenter(s): Jim Bradford and Will Dunn, Eagle County Paramedics June 21, 2022 - Page 17 of 189 Town Council Meeting Minutes of May 17, 2022 Page 2 Action Requested of Council: Approve Proclamation No. 6, Series of 2022. Background: Eagle County Paramedic Services provides emergency medical response service to Eagle County and portions of Garfield County, Colorado; in addition to response to emergencies, Eagle County Paramedic Services has extensive critical care, search and rescue, wildland fire EMS and community paramedic programs as well as community health education functions and Eagle County Paramedic Services owns 14 ambulances housed in stations in Vail, Avon, Edwards, Eagle and Gypsum and more than 80 employees work for the District in various roles and Eagle County Paramedic Services responded to almost 5500 calls in 2021 including 9-1-1 calls and Community Paramedic calls. Council members took turns reading Proclamation No. 6, Series of 2022 into the record. 4. Youth Scholarship Recognition 4.1. Town of Vail Scholarship Program Recognitions Presenter(s): Kim Langmaid, Mayor Background: The Town of Vail has offered a financial scholarship program for Vail seniors who have achieved academic excellence and leadership success and commitment to the Vail community. The scholarship is to help fund students who are pursuing their next chapter in life at either a college, university or technical school. The 2022 award will be given to two senior students, Celia Barrie and Amelia Blevins. Langmaid announced the recipients of the Town of Vail $5,000 Scholarships. Eagle Valley High School student Amelia Blevins and Battle Mountain High School student Celica Barrie each received the $5000 scholarship. 4.2. Colorado Grand Scholarship Award Recognition Presenter(s): Kim Langmaid, Mayor and Ed O'Brien, Colorado Grand Representatives Background: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2022 award will be given to a senior student who attends one of the local High Schools. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. Langmaid announced Battle Mountain High School student Karol Lorea was the recipient of the $10,000 Colorado Grand Scholarship. 5. Consent Agenda 5.1. Resolution No. 26, Series of 2022, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the U.S. Geological Survey Concerning Stream Access for the Purpose of Water Chemistry and Temperature Monitoring June 21, 2022 - Page 18 of 189 Town Council Meeting Minutes of May 17, 2022 Page 3 Background: The U.S. Geological Survey plans to undertake a study of surface water and groundwater interchange between Gore Creek and connected drinking water aquifers in Vail. In order to complete the study, USGS scientists need to place long-term temperature and conductivity monitors in Gore Creek. They have requested to access 12 sites along Gore Creek through Town of Vail public stream tract. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 26, Series of 2022 Mason made a motion to approve Resolution No. 26, Series of 2022; Foley seconded the motion passed (7-0). 5.2. Resolution No. 27, Series of 2022, a Resolution Adopting the Peer Resort Exchange Agreement and Memorandum of Understanding between the Town of Vail, Colorado and St. Moritz, Switzerland Background: The Town of Vail Town Council is interested in the activation of its peer resort exchange programs and relationships with other similar mountain resort communities to provide a platform that encourages the bilateral exchange of information, establishes cooperation and collaboration on relevant resort and community initiatives, and presents opportunities to exchange experiences related to the important topics of sustainability, tourism, economy, environment, and community. The resolution and agreements (and MOU) have been executed by St. Moritz officials. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 27, Series of 2022 Staufer made a motion to approve Resolution No. 27, Series of 2022; Foley seconded the motion passed (7-0). 5.3. Letter of Support for the Colorado Outdoor Recreation and Economy (CORE) Act Background: At the request of the Council, a letter of support for Mayor Langmaid's signature on behalf of the Vail Town Council is provided. Staff Recommendation: Approve, approve with modifications, the CORE Act letter of support, and direct staff to forward to Colorado congressional representatives. Mason made a motion to direct staff to forward the CORE Act letter of support to Colorado congressional representatives; Staufer seconded the motion passed (7-0). 5.4. Professional Services Agreement for the July 4 Drone Show Background: Staff presented a plan to Town Council in March 2022 to replace the traditional July 4 fireworks with a custom drone show. Staff Recommendation: Direct the Town Manager to enter into an agreement with Verge Aero in an amount not to exceed $100,000, for the production of the July 4th Drone Show, on a form approved by the Town Attorney. June 21, 2022 - Page 19 of 189 Town Council Meeting Minutes of May 17, 2022 Page 4 Staufer made a motion to authorize the Town Manager to enter into an agreement with Verge Aero in an amount not to exceed $100,000; Mason seconded the motion passed (7-0). 5.5. Statewide Pesticide Applicator Act Background: The State Pesticide Applicator Act includes a preemption on local regulation of pesticides and landscaping chemicals. The Gore Creek Strategic Plan identifies "Pesticides, Herbicides, Fertilizers, and Insecticides" among the primary causes of impairment in Gore Creek. It would benefit the larger Restore the Gore effort if that local preemption were to be lifted and the Town were empowered to better regulate the use of landscaping chemicals within its jurisdiction. Staff Recommendation: Approve the comments drafted by the Environmental Sustainability Department. Mason made a motion to approve the comments regarding the Statewide Pesticide Applicator Act; Foley seconded the motion passed (7-0). 5.6. Contract Award to Gillig Battery to Replace the Electric Buses Background: The TOV owns and operates 33 transit buses, the buses are on a 12 year replacement plan, which is consistent with FTA requirements that a transit bus be designed and operate for a minimum of 12 years. The manufacturer is stating that current order build dates are out to 2024 due to supply chain issues that are affecting everyone. The bus replacement plan has six buses to be replaced in 2023 that will be battery electric. Staff Recommendation: Authorize the town manager to enter into a contract a form approved by the Town Attorney to purchase 6 Gillig Battery Electric Buses in the amount not to exceed $5,514,450. Mason made a motion to authorize the Town Manager to enter into a contract to purchase 6 Gillig Battery Electric Buses in an amount not to exceed $5,514,450; Staufer seconded the motion passed (7-0). 6. Town Manager Report 6.1. Town of Vail's Alternatives for Housing Correspondence to Vail Resorts Zemler read a portion of a letter sent from the mayor to Vail Resorts detailing alternative housing options and requesting to collaborate with the company on alternatives in lieu of the Booth Heights development. One option was to rezone West Middle Creek parcel for housing. Davis made a motion to direct the Town Manager to begin the process to rezone the West Middle Creel parcel General Use area to Natural Area of Preservation; the Frontage Road parcel rezone for housing and a subdivision application to allow the creation of lots; Mason seconded the motion passed (7-0). 7. Action Items June 21, 2022 - Page 20 of 189 Town Council Meeting Minutes of May 17, 2022 Page 5 7.1. Resolution No. 24, Series of 2022, a Resolution of the Vail Town Council Making Findings on the Appeal of DRB22-0035, Concerning a Residential Project Located at 3070 Booth Creek Drive, Vail, Colorado and upholding the Decision of the Design Review Board, with a Modified Condition of Approval Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 24, Series of 2022. Background: On May 3, 2022, the Town Council held a properly noticed hearing on the appeal, and the Applicant was provided with an opportunity to present evidence in support of its appeal. Following the hearing, the Town Council directed the Town Attorney to prepare a Resolution with written findings regarding the appeal. Coggin made a motion to approve Resolution No. 24, Series of 2022; Foley seconded the motion passed (7-0). 7.2. Ordinance No. 7, Series of 2022, First Reading, an Ordinance Amending Title 12 and Title 14 of the Vail Town Code to Amend the Regulations for Building Design and Landscaping in the Wildland Urban Interface to Reduce the Risk of Wildfire Presenter(s): Paul Cada, Wildland Fire and Jonathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2022, upon first reading. Background: The Planning and Environmental Commission (PEC) heard this application on February 14th, 2022. The PEC had concerns on removing the minimum 500 square feet exemption and voted (7-0) to recommend approval with the condition that the exemption relating to additions under 500 square feet in Section 12-11-3 remain. At the May 3rd Town Council meeting, during the review of the building code update, Council indicated they were in support of removing this exemption and the Ordinance has been amended accordingly. Staff Recommendation: The Planning and Environmental Commission recommend approval, on first reading, of Ordinance No.7, Series of 2022. Cada reviewed Ordinance No. 7, Series of 2022 with council. The proposed changes were to sections of Town Code that were all amended in 2019 as part of the last round of Wildland Urban Interface (“WUI”) regulations. The intent of this update was to include reskinning projects that currently are not required to comply with WUI regulations. Cada stated the revisions would also clarify the definition of roofs when applying the regulations to a mansard roof, so that all parts of the mansard roof must meet the regulations. Additionally, this ordinance included language to remove the minimum size of an addition that would qualify to require compliance with the WUI regulations. There was no public comment. June 21, 2022 - Page 21 of 189 Town Council Meeting Minutes of May 17, 2022 Page 6 Foley made a motion to approve Ordinance No. 7, Series of 2022 based upon a review of Section VII of the February 14, 2022 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; Mason seconded the motion passed (7-0). 7.3. Ordinance No. 11, Series of 2022, First Reading, an Ordinance Replacing Chapter 14 of Title 4 of the Vail Town Code to Update Short-Term Rental Regulations and License Requirements Presenter(s): Kathleen Halloran, Director of Finance and Alex Jakubiec, Revenue Manager Action Requested of Council: Approve or approve with amendments First Reading Ordinance No. 11, Series 2022 Background: Based on feedback received during the short-term rental (STR) study presented at the January 17, February 15, March 15, and April 5, 2022, Vail Town Council meetings the attached Ordinance No. 11, Series 2022 is presented for consideration. At the last meeting, Council supported an increase in penalties for violations, requirements for increased insurance, fire safety inspections and an increase in license fees to cover administration costs. Council also supported a per-bedroom fee to fund housing initiatives, but a fee amount was not yet determined. Staff Recommendation: Approve or approve with amendments First Reading Ordinance No. 11, Series 2022 Jakubiec presented Ordinance No. 11, Series of 2022 with council based on feedback received during the short-term rental (STR) study presented at the January 17, February 15, March 15, and April 5, 2022. Council supported an increase in penalties for violations, requirements for increased insurance, fire safety inspections and an increase in license fees to cover administration costs. Jakubiec stated the main question remaining for Council to consider was a “per-bedroom fee” intended to deter property owners from converting their units to short-term rentals and at the same time raise revenues for the purpose of lessening the influence of STRS on locals housing. All funds raised by a per-bedroom fee would be allocated to the town’s Housing Fund and used for housing programs, initiatives, and developments. Jakubiec stated Ordinance No. 11, Series of 2022 would: 1. Increase fines and penalties for violations of the STR code to $1,500 (first violation) and $2,650 (second violation / unlicensed unit) 2. Late fees for license renewals of $250 and a $150 flat license fee to cover administrative costs 3. An update to health and safety standard requirements for STRs including Fire Department inspections and proof of adequate insurance June 21, 2022 - Page 22 of 189 Town Council Meeting Minutes of May 17, 2022 Page 7 Jakubiec shared a per bedroom fees had been included in the ordinance wording, with the dollar amount left blank until tonight’s discussion, if council supported that requirement. Davis stated his concern was that Zone 1 and Zone 2 are very different. He thought Zone 1 historically had STR’s where Zone 2 effect the neighborhood. The per bedroom doesn’t seem fair and thought a use tax might be more appropriate. Seibert agreed with Davis’s statement. Public comment was called. Steven Flare, STR owner, did not agree with the per bedroom fee. Kim Rediker, Vail resident, felt there would be unintended consequences that would occur if council approved an annual per bedroom fee. She suggested a lodging community working group be formed to discuss reasonable options and asked council to table the ordinance. Mike Lange, general manager of Lion Square Lodge, expressed concerns and agreed with Rediker’s statement about the ordinance as drafted and creating a working group. He did agree with the registration. John Rediker, Vail resident, expressed concern about the per bedroom fee. He felt the ordinance would negatively impact the working population in Vail due to the high cost to implement and the per bedroom proposal was a tax rather than a fee. Stephen Connolly, Vail resident, suggested the modifications would punish owners who are participating in offering short-term rentals. He suggested looking at the real problem was impacting housing. Meredith Rinker, owner at Lion Square Lodge, asked about the purpose of the bedroom fee. She supported the earlier recommendation to form a working group to explore alternatives. Greg Sowa, STR owner, disagrees with the ordinance and there were false assumptions regarding STR. He did agree to the fee increase. He asked why STR’s would be required to have safety inspections and long term rentals don’t have the same requirement. Susan Bird, Vail resident, asked how the ordinance would affect the properties outside of town limits like Streamside and Highland Meadows. Public comment was closed. Staufer agreed with the $150 registration fee and the life safety requirements. He proposed the $1200 per bedroom for properties that have onsite property management. Seibert agreed on the registration fee in and safety requirements. He did not agree with the per bedroom fee. June 21, 2022 - Page 23 of 189 Town Council Meeting Minutes of May 17, 2022 Page 8 Foley agreed with Seibert and Staufer of the registration fee and safety requirements. He was also in favor of the increase of penalties and the 3-strike rule. He questioned the per bedroom fee. Coggin didn’t think the STR’s were impacting the rental housing market. He did not support the bedroom fee and questioned the insurance requirement of $1M, but supported the increase of registration fee, penalty fee. Davis and Mason agreed with everyone’s comments, and he did support the registration fee increase. Langmaid agreed with everyone’s statement and suggested passing the ordinance on first reading to allow staff to research the insurance requirements. Davis inquired about signage at homes that would provide the license number and a 24-hr. contact to be posted at the door. Staufer made a motion to approve Ordinance No. 11, Series of 2022 upon first reading with the removal of section 4-14-4; Mason seconded the motion passed (7-0). 7.4. Review and Approve Recommended Summer Parking Program 2022 Presenter(s): Greg Hall Director of Public Works and Transportation, and Stephanie Kashiwa, Parking Operations Manager Action Requested of Council: Provide direction to the staff regarding the recommended Summer 2022 Parking Program to include: • Direct staff to modify the paid overnight fee program put in place during the summers of 2018, 2019 and 2021, with the elimination of the Hotel, Condo free voucher program. • Set the overnight fee associated with the program. Background: The purpose of this item is to: • Provide Town Council the Parking recommendation for the Summer 2022 Parking Program • Request Town Council approve the Summer 2022 Parking Program Staff Recommendation: Staff recommends the Town Council approve the staff recommendations and overnight fee for the Summer 2022 Parking Program. Hall reviewed the memorandum that was in the council’s packet. The recommended Summer Parking Program for 2022: • Summer paid overnight parking would begin June 13 after Go Pro due to the timing of the installation of the new system for the same time period of 4 AM to 5 AM. • Consider an overnight rate for Lionshead and Vail Village parking structures of $20- $25 • Red Sandstone Structure rate for the first 72 hours was free after that the rate should match the rate of the Lionshead and Vail Village $20-$25/night. • Oversized/Overnight parking rate of $25/night in the West Vail location.  Raise the max stay from 3 days to 5-days. • Free overnight employee parking pass available with a verification process. June 21, 2022 - Page 24 of 189 Town Council Meeting Minutes of May 17, 2022 Page 9 • Free summer parking pass for Winter 2021/2022 Gold/Silver/Blue pass holders with a verification process – no guaranteed spot • New $500 pass for summer overnight parking valid in Lionshead, Vail Village and Red Sandstone School Structures which would require verification of ownership in previous voucher designated areas. • Continue the safe travel home overnight exemption • No hotel/condo voucher program – lowered nightly rate to accommodate the cost impact. Public comment was called. Staufer made a motion to approve the recommended Summer Parking Program 2022 with the suggested $25.00 per night fee; Foley seconded the motion passed (7-0). 8. Public Hearings 8.1. Resolution No. 25 Series of 2022 approving an Intergovernmental Agreement between The Towns of Avon. Eagle, Gypsum, Minturn, Red Cliff and Vail Eagle County and Beaver Creek Metro District with the intent to agree to form a Regional Transit Agency Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Conduct the second of two statutory public hearings on the formation of the Regional Transit Authority and consider Resolution No.25 Series of 2022 approving an Intergovernmental Agreement between The Towns of Avon. Eagle, Gypsum, Minturn, Red Cliff and Vail Eagle County and Beaver Creek Metro District Background: On May 3, the first of two mandatory public hearings was conducted by the Vail Town Council concerning the approval of an Intergovernmental Agreement with the intent to form a regional transportation authority within Eagle County. The Agreement will need to be amended prior to approving the specific formation and funding ballot to be placed on the November General Election for the voters of Vail to consider. Staff Recommendation: Approve Resolution No. 25 Series of 2022 approving an Intergovernmental Agreement between The Towns of Avon. Eagle, Gypsum, Minturn, Red Cliff and Vail Eagle County and Beaver Creek Metro District with the intent to agree to form a Regional Transit Agency and place ballots for the Vail electorate to form and fund the RTA in the upcoming November General Election. Bill Rey, RTA project team member, acknowledged council had already seen a presentation about the proposed formation of a Regional Transit Authority and asked if they had any questions about the resolution. Rey explained the next steps including establishing ballot language to be considered for the November 2022 election. Foley asked how neighboring towns that are part of the resolution responding to this project. Rey stated was impressed with the collaboration between the communities and at this point are still working together. Council had no further questions. June 21, 2022 - Page 25 of 189 Town Council Meeting Minutes of May 17, 2022 Page 10 There was no public comment. Davis made a motion to approve Resolution No. 25, Series of 2022; Foley seconded the motion passed (7-0). 8.2. Ordinance No. 6, Series of 2022, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to Establish Setbacks from Gore Creek and its Tributaries Presenter(s): Peter Wadden, Watershed Education Coordinator and Greg Roy, Senior Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2022, upon second reading. Background: The Gore Creek Strategic Plan, adopted by Vail Town Council in 2016, identifies the loss of riparian (streamside) vegetation as one of the three main causes of declining water quality in Gore Creek. The Plan recommends Town of Vail “update stream setbacks, riparian zones, vegetative buffer zones and other water quality objectives definitions and maps (Title 12 Review and Amendments).” The Planning and Environmental Commission (PEC) heard this application at seven different meetings and forwarded a recommendation of approval on March 14th, 2022. Staff Recommendation: Approve second reading Ordinance No. 6, Series of 2022 Spence stated there were no changes to Ordinance No. 6, Series of 2022 since first reading of Ordinance No. 6, Series of 2022. Public comment was called. John Rediker, Vail resident and member on PEC, agreed with the ordinance and thanked staff for their efforts. Council had no comments. Staufer made a motion to approve Ordinance No. 6, Series of 2022 upon second reading; Foley seconded the motion passed (7-0). 8.3. Ordinance No. 8, Series of 2022, an Ordinance Repealing and Reenacting Title 10, Chapter 1 of the Vail Town Code and Adopting by Reference the 2021 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code, and the 2020 Edition of the National electrical Code, with Amendments; and Adopting the 1997Edition of the Uniform Code for the Abatement of Dangerous Buildings, with Amendments. Presenter(s): CJ Jarecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance Number 8, Series of 2022. June 21, 2022 - Page 26 of 189 Town Council Meeting Minutes of May 17, 2022 Page 11 Background: The building codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate. This allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry. Staff Recommendation: Approve Ordinance Number 8, Series of 2022 as submitted. Jarecki stated there were no changes to Ordinance No. 8, Series of 2022 since first reading. There was no public comment. Council had no questions. Staufer made a motion to approve Ordinance No. 8, Series of 2022; Foley seconded the motion passed (7-0). 8.4. Ordinance No. 9, Series of 2022, Second Reading, An Ordinance Correcting Various Sections of Title 12 of the Vail Town Code to Reflect Changes in the State Law Presenter(s): Johnathan Spences, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2022, on second reading. Background: During a routine audit, American Legal Publishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised Statues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references. Staff Recommendation: Approve Ordinance No. 9, Series of 2022 on second reading. Spence stated there were no changes to Ordinance No. 9, Series of 2022 since first reading. There was no public comment. Council had no questions or comments. Davis made a motion to approve Ordinance No. 9, Series of 2022 upon second reading; Foley seconded the motion passed (7-0). 8.5. Ordinance No. 10, Series of 2022, Second Reading, An Ordinance Amending Section 6-3D-4.a.4. of the Vail Town Code, Regarding Harassment Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny second reading of Ordinance No. 10, Series of 2022. Background: The Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-9-111(1)(e), was an impermissible restriction on free speech. June 21, 2022 - Page 27 of 189 Town Council Meeting Minutes of May 17, 2022 Page 12 Staff Recommendation: Approve, approve with amendments or deny second reading of Ordinance No. 10, Series of 2022. Mire sated there were no changes to Ordinance No. 10, Series of 2022 since first reading. There was no public comment. Council had no questions or comments. Coggin mad a motion to approve Ordinance No. 10, Series of 2022 upon second reading; Davis seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Mason seconded the motion which passed (7-0) and the meeting adjourned at 8:31 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Tammy Nagel, Town Clerk June 21, 2022 - Page 28 of 189 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. 33, S eries of 2022, A Resolution Approving the P urchase of the Residential P roperty K nown as Vail Heights, Unit 11 P hase I I I 2059 Chamonix L ane, Vail Colorado 81657 AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 33, Series B AC K G RO UND: Town wishes to purchase Vail Heights Unit 11 2059 Chamonix L ane for employee housing. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 33, S eries of 2022 AT TAC H ME N TS: Description Resolution No. 33, Series of 2022 June 21, 2022 - Page 29 of 189 To: Vail Town Council From: George Ruther, Housing Director Matt Mire, Town Attorney Date: June 21, 2022 Subject: Resolution No. 33, Series of 2022, Authorization to Purchase Vail Heights, Unit 11, 2059 Chamonix Lane, Vail, Colorado 1. SUMMARY The purpose of this memorandum is to present the terms for consideration to purchase Vail Heights, Unit 11. A real estate contract to purchase the home has been accepted by the seller, subject to authorization to appropriate funds by the Vail Town Council. 2. BACKGROUND The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. The Vail Heights home is a +/- 562 square foot, one bedroom/one bathroom, home with convenient access to recreation, the West Vail commercial area, and to free Town of Vail public transit. It is located immediately adjacent to City Market and Vail Das Schone commercial businesses. The home includes an assigned surface parking for one vehicle plus one additional. Monthly association dues are approximately $350 and include central boiler heat, water, waste disposal and recycling, snow removal, common area maintenance, and common area insurance. The home is under contract for sale at $548,000, subject to Vail Town Council authorization to fund the purchase and an existing tenant lease through October 1, 2022. List price is $575,000. Town of Vail files indicate the property was developed in the early 1980’s. A previous deed- restriction on the property has since expired. The home has been remodeled and updated from its original condition. An initial inspection of the property has been completed with no apparent issues. The property is being offered for sale “as is”. If acquired, the home would be kept in the Town’s internal rental pool and Unit #7 which was purchased by the Town in 2007, would be sold to a Town of Vail employee, subject to the terms of a deed-restriction at a price of $295,000. If not purchased by a Town of Vail employee the June 21, 2022 - Page 30 of 189 Town of Vail Page 2 home would be offered for sale through a lottery sales process to a qualified resident for $410,000. Town staff is proposing the sale of Unit #7 as the Town’s basis of cost is $200,000 for the unit allowing for a deeper subsidy to be provided. 3. RECOMMENDATIONS A proposal for purchase has been prepared with participation and collaboration with several Town of Vail Departments, including administration, finance, public works, human resources and housing. The proposal for purchase recommends the following: 1) Authorize the appropriations of funds necessary to acquire the home for $548,000, plus closing costs. 4) Record a primary residence deed-restriction and a Town of Vail first option of purchase on the home. 5) Funding for the initial purchase would likely come from the Town’s capital fund (TBD). However, if sold to a qualifying community resident, the funds would likely come the Vail InDEED fund. 6) Closing will occur on or about July 20, 2022. 7) Total amount requested is $548,000, plus closing costs. 4. NEXT STEPS If authorized, the Town staff will proceed forward with the next steps outlined in the contract for purchase of the residential property. Closing and possession is presently set for July 20, 2022. 5. ACTION REQUESTED Does the Vail Town Council authorize the appropriation of the funds necessary to facilitate the Town’s purchase of Vail Heights Unit #11, 2059 Chamonix Road, Vail, Colorado, consistent with the recommendation outlined herein? 6. EXHIBITS Exhibit A Contract to Buy and Sell Real Estate June 21, 2022 - Page 31 of 189 Resolution No. 33, Series of 2022 RESOLUTION NO. 33 SERIES OF 2022 A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY KNOWN AS VAIL HEIGHTS, UNIT 11, PHASE III, 2059 CHAMONIX LANE, VAIL, COLORADO 81657 WHEREAS, Andreas Bauer (“Seller”) owns the real property more particularly described and depicted in the Contract to Buy and Sell Estate, attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Town wishes to purchase the Property subject to the terms of the Contract to Buy and Sell Real Estate (the “Contract”); NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town Council hereby approves the Contract and authorizes the Town Manager to execute the Contract on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of June, 2022 ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk June 21, 2022 - Page 32 of 189 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: Colorado Department of Transportation I -70 West Vail Pass P roject Update P RE S E NT E R(S ): K aren B erdoulay, C D O T E agle Resident Engineer AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to the presentation and provide feedback. B AC K G RO UND: The West Vail P ass Project is a project which began last year and will continue through 2025. C D O T will provide an update regarding the work scheduled for this year as well as future years. AT TAC H ME N TS: Description Powerpoint June 21, 2022 - Page 33 of 189 I-70 VAILPASSSAFETY ANDOPERATIONSIMPROVEMENTS: TOWN OFVAILUPDATE06.21.2022June 21, 2022 - Page 34 of 189 2AgendaOverall Vail Pass Project BackgroundStatus of Funded Project Stakeholder Outreach Process: I-70 Context Sensitive Solutions2022 Project Construction and Traffic ImpactsPublic Information PlanJune 21, 2022 - Page 35 of 189 East Vail MM 180 Vail Pass Summit MM 190Curve Smoothing(RED)Expanded Truck ParkingImproved Chain StationImproved Runaway Truck RampsImprovements on I-70 MM 180-190Add a third lane EB & WBCurve geometry improvementsImprove truck ramps, truck parking, and chain stationsTrail improvements where impactedWildlife crossing improvementsSediment collection improvementsHighway closure system and signage improvementsOverall Vail Pass Proposed Action (not all funded)June 21, 2022 - Page 36 of 189 4CDOT INFRA Grant – Funded WorkHealth careIn June 2020, CDOT was awarded a $60.7M INFRA grant for the first phase of the project to improve safety and traffic operations:MP 185 – 190 EB I-70 auxiliary laneMP 186 and 188 curve reconstructionMP 185.3 EB and WB bridge replacement (WB added in Sept. 2021)MP 182 Truck ramp reconstructionSix wildlife underpasses and fencingMP 185-187 Two miles of Vail Pass recreational trail relocation#1 Highest on I-70 in ColoradoCrashes/Million vehicle miles travelled in the State (based on data from 2010-2014)40% Reduction in crashes where completing improvementsJune 21, 2022 - Page 37 of 189 Safety–Crash Reduction of up to 40% in areas completing workMobility–Improved ability to travel along the I-70 Mountain Corridor safely and efficiently in a reasonable amount of timeOperations–Reduction in full and partial closure frequency and durationFreight–More reliable and consistent travel timesMulti-modal–Improvements to the recreation path with better roadway separationWildlife–Improved wildlife connectivity and safetyWater Quality–Sediment collectionINFRA Grant Project BenefitsJune 21, 2022 - Page 38 of 189 6INFRA Grant Project StatusThe project will be delivered over 5 construction packages (CPs) with multiple contractors 2020-2023 Design with staggered completion of construction packages2021-2025 Overall construction June 21, 2022 - Page 39 of 189 7I-70 Context Sensitive SolutionsProject Leadership Team – 21 members from 9 agenciesTechnical Team – 27 members from 17 agenciesIssue Task ForcesSWEEP – 14 agenciesALIVE – 9 agenciesAesthetics/106 – 12 agenciesEmergency Service Providers – 13 agenciesCSS Engineering Design Exception – 17 agenciesJune 21, 2022 - Page 40 of 189 8I-70 Context Sensitive SolutionsI-70 CSS engagement and construction will continue through 2025June 21, 2022 - Page 41 of 189 2022 Project ConstructionScope Completed by end of 2022:Truck Escape RampWB Remote Closure SystemBike Path RelocationLarge Cut Wall on WB I-70 at MP 187F-12-AT WB Bridge SubstructureJune 21, 2022 - Page 42 of 189 2022 Construction Traffic ImpactsTrail Construction began May 16thTemporary Detour Section in placeConstruction of New Trail (June – November)Single lane closures of I-70 at non-peak times Full Closures of I-70 Traffic for BlastingWe expect 10-20 blasting events in 2022When blasting is needed, notification will be provided on I-70 overhead signs in advance via I-70 signage, EC Alert, and project communication channels.When blasting occurs, it will take place Mon-Thurs between 6:00PM and 8:00PM and will include a 30 minute traffic hold.When blasting occurs, trail closures will be between 5:00PM and 8:00PM (or sooner if blasting completed sooner)June 21, 2022 - Page 43 of 189 Public InformationInteractive Project MapVirtual Open House Videohttps://www.codot.gov/projects/i70westvailauxiliarylanesJune 21, 2022 - Page 44 of 189 Public InformationWeekly email updates, hotline message and lane closures posted to COtripOngoing media relations activitiesMeetings with key stakeholdersSocial media postsDistribution of fact sheets and flyersWebsite updatesTrail specific – communication with recreation businesses, recreation trail signs, meetings with major event coordinatorsJune 21, 2022 - Page 45 of 189 2022 CDOT Project UpdateI-70 Wildlife fence project:Fall 2022 - Dowd Canyon through West Vail Summer 2023 – MM 179-181 I-70 Median Guardrail project: Fall 2022 – MM 182-183 and W. EdwardsI-70 Dowd Wall repair:Fall 2022 – Dowd Junction between I-70 and US 6June 21, 2022 - Page 46 of 189 Questions?14June 21, 2022 - Page 47 of 189 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: Vail Mobility & Transportation Master P lan Update P RE S E NT E R(S ): Tom Kassmel, Town E ngineer and Ann B owers, F ehr & P eers AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and provide any feedback B AC K G RO UND: The Town of Vail has awarded the Vail Mobility & Transportation Master P lan contract to F ehr & P eers. T he purpose of today’s presentation is to introduce the consultant team and provide an overview of next steps. S TAF F RE C O M M E ND AT IO N: L isten to presentation and provide any feedback AT TAC H ME N TS: Description Staff Memo Presentation June 21, 2022 - Page 48 of 189 To: Town Council From: Public Works Department Date: June 21, 2022 Subject: Vail Mobility & Transportation Master Plan Update I. SUMMARY The Town of Vail has awarded the Vail Mobility & Transportation Master Plan contract to Fehr & Peers. The new plan will ultimately provide an updated Master Plan for Mobility and Transportation within Vail for the foreseeable future. The plan will update traffic, transit, and parking projections and provide implementation recommendations for each; as well as provide updates on other past transportation related topics such as traffic speeds and traffic calming, noise, loading & delivery, special event logistics, AGS/rail, and tunneling/capping I-70. The new master plan will specifically focus on all modes of mobility and explore emerging technologies that will enhance mobility and transportation experiences throughout Vail. The purpose of today’s presentation is to introduce the consultant team and provide an overview of next steps. II. RECOMMENDATION Staff recommends Council listen to the presentation and ask any questions regarding the project. June 21, 2022 - Page 49 of 189 Introduction to Vail Town CouncilJune 21, 2022Tom Kassmel, Town EngineerVail Mobility& Transportation Master Plan June 21, 2022 - Page 50 of 189 PROJECTTEAMHISTORYWHY NOW?PROCESS SCHEDULE NEXTSTEPSAgendaIntroduction to Vail Town CouncilJune 21, 2022 - Page 51 of 189 ANN BOWERSFehr & Peers Project ManagerMeet theTeamTOM KASSMELTown of Vail Project ManagerLEAD CONSULTANTJune 21, 2022 - Page 52 of 189 2009 Transportation Master Plan• Existing Transportation Master Plan is 13 years old• Expected growth• Changing technology• Multimodal focus• Safe mobility for all agesand abilities• Continued success as a leader in active transportationHistory/ Why now?June 21, 2022 - Page 53 of 189 VISION& GOALSEXISTING CONDITIONSMULTIMODAL RECOMMENDATIONSPROCESSConfirm and/or update the current transportation goals through robust Public OutreachAnalysis of Existing Transportation SystemAnalysis of Future Transportation System with anticipated growth and technology:FUTURE CONDITIONSMULTIMODAL SYSTEMVehiclesTransitBicycle/PedestrianParkingSpecial EventsMultimodal SystemI-70NoiseSafetyEvolving technologyTraffic calmingLoading/deliverySpecial eventsImplementation & FundingPUBLIC ENGAGEMENTJune 21, 2022 - Page 54 of 189 Schedule & Next StepsJune 21, 2022 - Page 55 of 189 THANK YOU!Comments& QuestionsJune 21, 2022 - Page 56 of 189 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: Dowd J unction S treambank Stabilization Project Contract Award Update P RE S E NT E R(S ): Tom Kassmel, Town E ngineer AC T IO N RE Q UE S T E D O F C O UNC I L: A uthorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with W hinnery Construction I nc. in the amount not to exceed $706,000 B AC K G RO UND: The project contract was awarded in 2019, however it was delayed due to permitting and C O V I D. S ince that time construction costs have increased 30%. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with W hinnery Construction I nc. in the amount not to exceed $706,000 AT TAC H ME N TS: Description Staff Memo June 21, 2022 - Page 57 of 189 To: Vail Town Council From: Public Works Department Date: June 21, 2022 Subject: Dowd Junction Streambank Stabilization Project Contract Award Update I. SUMMARY The Town of Vail publicly bid the Dowd Junction Streambank Stabilization Project in a joint effort with ERWSD in 2019 and awarded the contract to Whinnery Construction, Inc. The project did not start in 2019 due to permitting issues and was delayed until 2020. Then because of COVID in 2020 the project was further delayed until this year. The purpose of the project is to stabilize the existing retaining wall that supports both the Gore Valley Trail and ERWSD’s sanitary sewer main. The design and the construction of the project is planned to be cost shared 50/50 between the Town and ERWSD. In 2019 the cost of the project award was $542,320.00. Whinnery Construction is still interested in completing the project, however due to construction escalation over the past 3 years the projected cost is now $705,016.00, a 30% increase. Town staff has reviewed the revised bid, and believe it is still an excellent value for the work that needs to be completed. Whinnery Construction’s revised bid is within the engineer’s estimate, and they have a substantial amount of experience working in river corridors completing stabilization projects. If we choose to not award and instead re-bid this project, it is likely we will only get the one bidder, Whinnery Construction Inc., if any at all. And it is also likely the project will be delayed again until 2023. The project is scheduled to begin in August and be complete by October pending final permit approvals that are currently in process. II. RECOMMENDATION Town staff recommends that Council Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with Whinnery Construction Inc. in the amount not to exceed $706,000. June 21, 2022 - Page 58 of 189 Project Site Photo June 21, 2022 - Page 59 of 189 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: Multimodal Transportation Mitigation Options Fund grant submittals P RE S E NT E R(S ): Tom Kassmel, Town E ngineer AC T IO N RE Q UE S T E D O F C O UNC I L: Support, Deny or Modify the submittal of the two grant proposals and the associated future funding B AC K G RO UND: The Town of Vail is planning on submitting for two Multimodal Transportation and Mitigation Options F und grants with the state of Colorado. T he grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. S TAF F RE C O M M E ND AT IO N: Support the submittal of the two grant proposals and the associated future funding AT TAC H ME N TS: Description Staff Memo Presentation June 21, 2022 - Page 60 of 189 To: Vail Town Council From: Public Works Department Date: June 21, 2022 Subject: Multimodal Transportation and Mitigation Options Fund Grant Opportunity I. SUMMARY The Town of Vail is planning on submitting for two Multimodal Transportation and Mitigation Options Fund grants with the state of Colorado. The grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. The two projects that staff is proposing to submit are as follows; Vail Intermodal/Mobility Hub Site Modernization & Expansion Design: This project is intended to modernize and expand the existing Vail Tran sportation Center to accommodate existing needs and plan for future growth. The project’s goal is to accommodate emerging technologies, like opportunity charging for electric buses/vehicles, and also increase capacity for buses and vehicles. The proposed grant submission if for design of the project not construction. The Vail Mobility & Transportation Master Plan will begin the master planning process for this project, and it is anticipated that if we are successful in receiving this grant that a design process would follow in 2024. The cost of the project’s design is anticipated to be approximately $1.5M; funded 50% by the MMOF grant and 50% by the Town of Vail. Vail E-Courier Program Expansion: This project is intended to fund the necessary capital im provements to expand the Vail E-Courier Loading and Delivery program. This would include additional electric vehicles and lifts, a walk-in cooler, and retractable bollards in critical areas of the Vail Village. The project is anticipated to reduce greenhouse gases by 50.8 CO2e annually. The cost of the project is anticipated to be approximately $500,000; funded 50% by the MMOF grant and 50% by the Town of Vail June 21, 2022 - Page 61 of 189 II. RECOMMENDATION Town staff recommends that the Town Council support the submission of these grant application and be prepared to budget for the matching portion of the grants of $750,000 and $250,000 respectively within the next two years. June 21, 2022 - Page 62 of 189 Existing Uses: •TOV Transit (10 Routes) •ECO Transit (5 Routes) •Bustang •Greyhound •Charter Buses •Airport/Hotel Shuttles •Taxi/Limo Services •Uber/Lyft Project Drivers •Existing Capacity Needs •Emerging Technologies •Regional & Statewide Growth •Vail -Economic Driver of Eagle County •Demand on Parking –Driving Transit Usage Vail Intermodal/Mobility Hub Site Modernization & Expansion •Accommodate Emerging Technologies:$1-$3 M •Electric Bus/Vehicle Charging •Autonomous Vehicles/Buses •Bus/Vehicle Capacity Expansion $ 5-$15 M •Future AGS Connectivity $10-$15 M •Possible Public/Private Partnerships (TBD) MMOF 2023 Grant Request for Design $750k Town of Vail Match $750K Additional Future Uses: •Increase frequency of all existing uses •Summit Stage Connection •AGS Station •Future RTA 2019 Ridership Data for Routes Utilizing the Vail Transportation Center Route Peak Monthly Ridership Annual Ridership In-Town 1,589,000 East Vail 79,469 (Jan)379,131 WV Red/WV Green 77,565 (Jan)497,201 West Vail Express 28,667 (March)105,020 Special Event 15,433 (July)31,920 Sandstone 25,745 (March)119,216 Golf Course 7,673 (Feb)35,152 Ford Park 5,702 (March)16,872 Lionsridge Loop 7,939 (March)29,268 Efficiency Stats Total Fixed Route Ridership: 2.8M Transit Expenditures: $5.5 M Cost Per Unlinked Trip: $1.98 June 21, 2022 - Page 63 of 189 Vail Intermodal/Mobility Hub Site -Modernization & Expansion Capacity Expansion Opportunities Future AGS Connection Accommodate Emerging Technologies June 21, 2022 - Page 64 of 189 Vail E-Courier Program Expansion •Pilot Program 11/21-4/22: •Pilot program removed 18 purveyors from Vail Village (2-3x per week) utilizing central loading facility •Reduction of idle time, noise & impact on pedestrians •Estimated reduction of 8.8 metric tons of CO2e •Replaced delivery service with small less impactful, quiet LSEV’s •Expansion of Program: •Goal is to remove up to 40 purveyors & expand LSPEV service area •Estimating a reduction of 50.8 CO2e annually MMOF 2022 Grant Request $250,000 Match (TOV)$250,000 Capital Needs •(5) LSEV’s $165,000 •(5) EV Trailers $ 30,000 •(1) Electric Pallet Jack $ 15,000 •(1) Electric Pallet Lift $ 10,000 •(1) Walk-in Cooler $ 20,000 •(8)Retractable Bollards $250,000 •Racks & Security $ 10,000 TOTAL $500,000June 21, 2022 - Page 65 of 189 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. 12, Series of 2022, First Reading, A n Ordinance Amending Title 5, Chapter 1 and Title 7 Chapter 10 of the Vail Town Code Regarding I dling P RE S E NT E R(S ): Commander Ryan K enney, Vail Police Department and Kristen B ertuglia, Director of Environmental S ustainability AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 12, S eries of 2022. B AC K G RO UND: Vail Town Council has asked staff to change the idling ordinance to reflect 5 minutes maximum for idling time. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance 12, S eries of 2022. AT TAC H ME N TS: Description Ordinance No. 12, Series of 2022 June 21, 2022 - Page 66 of 189 Ordinance No. 12, Series of 2022 ORDINANCE NO. 12 SERIES 2022 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 AND TITLE 7, CHAPTER 10 OF THE VAIL TOWN CODE REGARDING VEHICLE IDLING WHEREAS, the Town currently regulates noise associated with idling vehicles and the permitted amount of idling time for commercial vehicles in Sections 5-1-7(G)(3) and 7-10-7(H) of the Vail Town Code, respectively; WHEREAS, the Town desires to more comprehensively regulate vehicle idling to ensure that any nuisance associated with idling is mitigated to the maximum extent practicable; and WHEREAS, the Town finds that such regulation is necessary to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 5-1-1: DEFINITIONS: NUISANCE: Any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or damage to any property or injury to any person. IDLE: A combustible vehicle engine running at any location while the vehicle is stationary. PASSENGER TRANSPORTATION VEHICLE: A motor vehicle that is used to transport passengers for compensation, excluding vehicles operated by the Town. Section 2. Section 5-1-7(G)(3) of the Vail Town Code is hereby repealed in its entirety. Section 3. Section 5-1-8 of the Vail Town Code is hereby amended as follows: 5-1-8: MUFFLERS AND VEHICLE IDLING: A. Mufflers: The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, June 21, 2022 - Page 67 of 189 Ordinance No. 12, Series of 2022 of a cutout, bypass or similar muffler elimination appliance, shall be deemed a public nuisance. B. Idling: 1. Passenger vehicles: No unattended passenger vehicle shall idle for any period of time, except between the months of November through April, when a passenger vehicle may idle for up to five (5) minutes at a time. 2. Commercial vehicles: No unattended commercial vehicle shall idle for any period of time in the Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core 1 or Commercial Core 2 zone districts. 3. Passenger transportation vehicles: Passenger transportation vehicles may not idle when unoccupied. When occupied, operators are encouraged to turn off the vehicles during dwell time. If it is not practicable to turn off the vehicle due to extreme cold, operators are encouraged to limit any vehicle idling time to five (5) minutes. 4. Construction vehicles: Construction vehicles operating at an active construction site may idle for up to five (5) minutes at a time. 5. Exemptions: This Section shall not apply to any commercial refrigeration vehicles, authorized emergency vehicles when actively in use for emergency purposes, Town-owned vehicles, waste collection trucks when actively collecting waste, or vehicles operating under a permit or license issued by the Town for a special event. Section 4. Section 7-10-7(H) of the Vail Town Code is hereby deleted in its entirety. Section 5. 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. 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. June 21, 2022 - Page 68 of 189 Ordinance No. 12, Series of 2022 Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 12th day of June, 2022 and a public hearing for second reading of this Ordinance set for the 5th day of July, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorad o. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk June 21, 2022 - Page 69 of 189 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 Award to W RT for the 2022 F ord Park Master P lan Update. P RE S E NT E R(S ): Todd Oppenheimer, Capital Project Manager/L andscape Architect AC T IO N RE Q UE S T E D O F C O UNC I L: Direct the Town Manger to enter into a consultant contract with W RT in the amount of $200,730 for the F ord Park Master P lan Update and direct that $51K be added to the second supplemental budget. B AC K G RO UND: A Request for Proposals for the Ford P ark Master Plan Update was issued to the public on February 7, 2022. T hree firms responded with proposals on March 17, 2022. Two of these firms were interviewed on May 11, 2022. T he landscape architecture firm of W RT with offices in Denver, Philadelphia, and S an F rancisco with the local engineering firm of Martin and Martin and the park management consulting firm of P R O S, Cincinnati, O H, was selected as the team best suited to complete the master plan update. S TAF F RE C O M M E ND AT IO N: Direct the Town Manger to enter into a consultant contract with W RT in the amount of $200,730 for the Ford P ark Master Plan Update and direct that $51K be added to the second supplemental budget. AT TAC H ME N TS: Description Memorandum June 21, 2022 - Page 70 of 189 To: Vail Town Council From: Department of Public Works Date: June 21, 2022 Subject: Request to Award Contract – Ford Park Master Plan Update I. PURPOSE The purpose of this item is to request the Town Council to award a consultant contract to WRT in the amount of $200,730 for the 2022 Ford Park Master Plan Update. II. BACKGROUND A Request for Proposals for the Ford Park Master Plan Update was issued to the public on February 7, 2022. Three firms responded with proposals on March 17, 2022. Two of these firms were interviewed on May 11, 2022, by a committee consisting of staff from the Vail Recreation District, Betty Ford Alpine Gardens and Town of Vail. Staff members from the Vail Valley Foundation were invited to participate but declined. The landscape architecture firm of WRT with offices in Denver, Philadelphia, and San Francisco with the local engineering firm of Martin and Martin and the park management consulting firm of PROS, Cincinnati, OH, was selected as the team best suited to complete the master plan update. III. BUDGET INFORMATION The funding for the 2022 Ford Park Master Plan Update is included in the 2022 Real Estate Transfer Tax Capital Project Budget at an amount of $150K. The fees associated with master planning work can be vary considerably and are difficult to estimate. The inclusion of the firm PROS adds additional scope to the project which will be valuable with a park system-wide analysis and organizational relationship evaluation that will inform the Ford Park Master Plan Update beyond the expected 10-year lifespan of a master plan. The additional $51K will be included in the second supplemental budget on July 5, 2022. IV. PROJECT SCHEDULE The Ford Park Master Plan Update is anticipated to take 12 months to complete. The Team will begin work in July 2022 and the Public Engagement portion will occur in August 2022. Presentation of a final Master Plan Update document can be expected in July 2023. V. ACTION REQUESTED BY COUNCIL Staff requests the Council direct the Town Manger to enter a construction contract in a form approved by the Town Attorney with WRT in the amount of $200,730 for the Ford Park Master Plan Update Project and direct that $51K be added to the second supplemental budget. June 21, 2022 - Page 71 of 189 Town of Vail Page 2 VI. STAFF RECOMMENDATION Staff recommends that the Council direct the Town Manger to enter into a consultant contract with WRT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51K be added to the second supplemental budget. June 21, 2022 - Page 72 of 189 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. 4, S eries of 2022, F irst Reading - An Ordinance A mending the A pproved Development plan for S pecial Development District No. 36, F our S easons Resort 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. 4, Series of 2022, upon first reading. B AC K G RO UND: On May 9, 2022, the Town of Vail P lanning and E nvironmental Commission (P E C) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to S pecial Development District No. 36, F our S easons Resort, pursuant to the requirement of S ection 12-9A, Special Development (S D D) District, Vail Town Code. A t the conclusion of the public hearing, the P E C voted 4-1-0 (L ipnick Opposed) to forward a recommendation of denial, to the Vail Town Council S TAF F RE C O M M E ND AT IO N: Approve, approve with modifications, or deny Ordinance No. 4, S eries of 2022, upon first reading. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Draft Ordinance No. 4, Series of 2022 Attachment B. Revised Project Narrative, April 2022 Attachment C. P E C Memorandum, without attachments dated May 9, 2022 Attachment D. P E C minutes, May 9, 2022 presentation June 21, 2022 - Page 73 of 189 TO: Vail Town Council FROM: Community Development Department DATE: June 21, 2022 SUBJECT: First reading of Ordinance No. 4, Series of 2022, an ordinance repealing and reenacting Ordinance No. 21, Series of 2017, providing for a major amendment to Special Development District No. 36, Four Seasons Resort, in accordance with Chapter 12-9A, Special Development (SDD) District, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC21-0059) Applicant: Four Seasons Resort, represented by Andrew Sellnau Planner: Jonathan Spence I. SUMMARY The applicant, Four Seasons Resort, represented by Andrew Sellnau, is requesting a first reading of Ordinance No. 4, Series of 2022, an ordinance repealing and reenacting Ordinance No. 21, Series of 2017, providing for a major amendment to Special Development District No. 36, Four Seasons Resort, in accordance with Chapter 12-9A, Special Development (SDD) District, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite, located at 1 Vail Road. On March 14, 2022, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-0-1 (Gillette abstained) to forward a recommendation of denial, to the Vail Town Council. June 21, 2022 - Page 74 of 189 Town of Vail Page 2 On April 5, 2022, the Vail Town Council voted (7-0) to remand the application back to the Planning and Environmental Commission for further review. On May 9, 2022, a revised application that proposed to relocate the onsite housing to locations both within the Town of Vail and the adjacent Eagle-Vail community. A portion of the obligation was proposed to be satisfied through the purchase of seven (7) deed restrictions (2-bedroom units) in an existing multifamily building located in Eagle-Vail. The remainder of the obligation is proposed to be met through in-town deed restrictions. Following the applicant’s presentation and a lengthy discussion, the commission voted 4-1 (Lipnick opposed) to forward a recommendation of denial to the Town Council for the revised application. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. III. DESCRIPTION OF REQUEST/BACKGROUND The applicant, Four Seasons Resort, is requesting a major amendment to SDD No. 36, Four Seasons (Ord. No. 21, Series of 2017), in order to change the unit mix within the resort and to relocate a portion of the existing on-site employee housing to down-valley communities. Following the 2017 approval, the Four Seasons completed some of the proposed conversions, opted not to move forward with others, and moved forward with other conversions that were not part of the approval. The following chart shows the approved, existing, and proposed unit mixes: Approved Unit Mix 2017 Existing Unit Mix 2021 Proposed Unit Mix 2022 Net Change from 2017 approval 130 AUs 117 AUs 123 AUs -7 AUs 28 Dwelling Units (with 18 AAUs) 28 Dwelling Units (with 15 AAUs) 32 Dwelling Units (with 15 AAUs) +4 DUs - 3 AAUs 6 FFUs 6 FFUs 6 FFUs - 28 EHU 28 EHU 12 EHUs -16 EHUs The current proposal includes the following components: • Replacing up to 16 underutilized onsite deed-restricted employee housing units (EHUs) with offsite deed-restricted employee housing. A portion of the obligation is proposed to be satisfied through the purchase of seven (7) deed restrictions (2-bedroom units) in an existing multifamily building located in Eagle-Vail. The remainder of the obligation is proposed to be met through in-town deed restrictions. June 21, 2022 - Page 75 of 189 Town of Vail Page 3 • Reconfiguring the underutilized dorm-style employee housing units into 13 additional hotel accommodation units (AUs); and • Reclassifying seven existing accommodation units into four dwelling units. As all the conversions occur within the existing structure, with the exception of the existing EHU balconies that will be converted to AU square footage; there are no changes to development standards such as setbacks, building height, site coverage, and landscaping. Parking: The existing SDD (Ord. No. 21, Series of 2017) demonstrated a total parking capacity of 230 spaces serviced via a 24-hour valet service. The staff analysis of the approved, completed, and proposed work indicates that the net effect on parking is negligible with an overall effect of a reduction in the requirement of 1.4 spaces. Please see page 12 of the applicant’s narrative. Commercial Linkage and Inclusionary Zoning: The amendments to the unit mix accomplished through the 2017 amendments resulted in an increase in the employee mitigation requirements which was addressed with a housing deed restriction for at least one two-bedroom dwelling unit with a minimum of 788 square feet, located within the Town of Vail. Staff analysis of the approved, completed, and proposed work, not including the repurposing of 16 dorm rooms (EHUs) to Accommodation Units, has a relatively negligible effect on the overall employee mitigation requirement for the Four Seasons Resort. As shown on pages 13 and 14 of the applicant’s narrative, the net increase in employees is 1.6 with a mitigation requirement of 20% or .32 employees. With the inclusion of the repurposing of the existing EHUs, the total mitigation requirement for the proposed amendments to SDD No. 36 is 32.32 employees. Existing On-Site Employee Housing Program The existing dormitory-style EHUs, comprised of 28 rooms for an occupancy of 56 employees, make up the bulk of the required mitigation measures. The Town has consistently received notarized annual verification forms from the Four Seasons indicating compliance with the deed restrictions. Town of Vail deed restrictions require that units are continuously occupied by qualified residents. Accompanying the signed verification has been lists of employees utilizing the on-site EHUs. Staff has learned from the applicant’s team that the intention of providing the list of names was not only to demonstrate that the occupants were qualified residents, as required, but also to demonstrate that the units were not being occupied at 100% capacity. As this intention is contrary to the verification form (a copy of which has been included as Attachment C.), town staff has not been aware of the ongoing noncompliance with the requirements June 21, 2022 - Page 76 of 189 Town of Vail Page 4 of the deed restriction. Staff is concerned that the remaining dormitory-style rooms will continue to function with less than 100% occupancy, as required by the deed restriction. Proposed Mitigation The applicant is proposing to meet the mitigation requirement through the purchase of deed restrictions on existing homes both intown and in the adjacent Eagle-Vail community. Please see the applicant’s revised narrative for details on this approach. The proposal will result in a net increase in restricted square footage in comparison to the existing dorm rooms but equates to the same number of employees mitigated per the code requirements outlined in Table 23-2 and shown below: TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type Of Unit Minimum Size (GRFA) Number Of Employee s Housed Dormitory 250 1 Studio 438 1.25 1 bedroom 613 1.75 2 bedroom 788 2.25 3 or more bedroom 1,225 3.5 Deed Restriction Exchange Program The applicant is intending to accomplish the off-site deed restrictions through the Special Development District amendment process. Section 12-3-5 of the Vail Town Code provides a mechanism for the removal of a deed restriction on a property. (Please see Section IV, Applicable Planning Documents for this section of the Vail town Code.) As the applicant is proposing an Amendment to the SDD, this section shall only serve as a guide. Per this section, the relocation of a deed restriction is subject to a ratchet effect determined by the location of the existing restriction and the location of the proposed restriction. In this case, the Four Seasons is located within the Commercial Job Core, as defined, and the proposed down valley receiving areas are located outside of the Commercial Job Core. Per Section 12-13-5 D.3.b. of the Vail Town Code, the exchange rate would be three (3) times the GRFA requirement of the existing EHUs. It should be noted that at this time exchanging in town restrictions for out of town restrictions is not permissible under the exchange program. IV. ZONING / SDD NO. 36 ANALYSIS Address: 1 Vail Road Legal Description: Vail Village Filing 2, Lot A - C June 21, 2022 - Page 77 of 189 Town of Vail Page 5 Existing Zoning: Public Accommodation (PA) Existing Land Use Designation: Resort Accommodations and Services Mapped Geological Hazards: Streep Slope > 40% (Man-Made) View Corridor: None Development Standard Allowed / Required Existing Proposed Change Site Area 10,000 SF 2.32 acres (101,140 SF) No Change Setbacks As set forth in the Approved Development Plan referenced in Section 4 of Ord. No. 20, Series of 2005, Four Seasons SDD No Change Building Height 89’ N/A No Change Density AUs: 130 DUs: 28 (+15 AAUs) FFUs: 6 EHUs: 28 AUs: 123 DUs: 32 (with 15 AAUs) FFUs: 6 EHUs: 12 AUs: +7 DUs: +4 FFUs No Change EHUs: -16 GRFA 177,609 SF No Change Retail SF 2,386 SF No Change Restaurant SF 5,946 SF No Change Conference SF 11,139 SF No Change Health Club 18,577 SF No Change Site Coverage 85,091 SF (71%) (Below Grade) 70,150 SF (59%) (Above Grade) No Change Landscaping 35,268 SF (30%) No Change Parking & Loading 230 Spaces 235 Spaces 235 Spaces No Change V. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On May 9, 2022, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-1-0 (Lipnick opposed) to forward a recommendation of denial to the Vail Town Council. Staff would encourage the Town Council to consider tabling the application, with direction to the applicant, to enable revisions consistent with adopted goals and objectives for a successful SDD amendment. Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2022, upon first reading, the Planning and Environmental Commission recommends the Town Council passes the following motion: “The Vail Town Council approves on first reading Ordinance No. 4, Series of 2022, an ordinance repealing and reenacting Ordinance No. 21, Series of 2017, for a major amendment to Special Development District No. 36, Four Seasons, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a June 21, 2022 - Page 78 of 189 Town of Vail Page 6 portion of the existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2022, upon first reading, the Community Development Department recommends the Town Council include the following conditions: 1. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; 2. Prior to issuance of a certificate of occupancy for the conversion of any of the existing dorm rooms in the subject property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction corresponding to square footages per Table 23-2 for each employee. Each dormitory room repurposed equated to two employees for the purposes of mitigation. Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2022, upon first reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the SDD complies with the standards listed in Section 12-9A-8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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.” Alternative Motion: Should the Vail Town Council choose to deny Ordinance No. 4, Series of 2022, upon first reading, the Planning and Environmental Commission recommends the Town Council passes the following motion: June 21, 2022 - Page 79 of 189 Town of Vail Page 7 “The Vail Town Council denies on first reading Ordinance No. 4, Series of 2022, an ordinance repealing and reenacting Ordinance No. 21, Series of 2017, for a major amendment to Special Development District No. 36, Four Seasons, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto.” Should the Vail Town Council choose to deny Ordinance No. 4, Series of 2022, upon first reading, the Community Development Department recommends the Town Council makes the following findings: 5. That the SDD does not comply with the standards listed in Section 12-9A-8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 6. That the SDD is not consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 7. That the SDD is not compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 8. That the SDD does not promote 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.” VI. ATTACHMENTS A. Draft Ordinance No. 4, Series of 2022 B. Revised Project Narrative, April 2022 C. PEC Memorandum, without attachments dated May 9, 2022 D. PEC minutes, May 9, 2022 June 21, 2022 - Page 80 of 189 1 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX ORDINANCE NO. 4 SERIES OF 2022 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT WHEREAS, ________________ (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special Development District No. 36, Four Seasons Resort ("SDD 36"); WHEREAS, on __________, the Applicant filed an application to amend SDD 36 (the "Application"); WHEREAS, amendments to a Special Development District are governed by Section 12-9A-10, Vail Town Code; WHEREAS, on March 14, 2022 and May 9, 2022, the Planning and Environmental Commission held a properly-noticed public hearing to consider the Application, and recommended approval of the Application; and WHEREAS, at a properly-noticed public hearing on June 21, 2022, the Town Council considered the Application and the recommendation of the PEC and allowed for public comment on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Having considered the comments presented at the public hearing and the recommendation of the PEC, the Town Council hereby finds and determines as follows: a. The proposed amendments to SDD 36 comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; b. The proposed amendments to SDD 36 comply with the standards listed Article 12-9A of the Vail Town Code, or that a practical solution consistent with the public interest has been achieved; c. The proposed amendments to SDD 36 are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; d. The proposed amendments to SDD 36 are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and June 21, 2022 - Page 81 of 189 2 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX e. The proposed amendments to SDD 36 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. Section 2. Based on the foregoing findings, SDD 36 is hereby amended as follows: (all additions are illustrated with underlined italics, deletions are illustrated with strikethrough): Section 4. Development Standards – Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005 and the plans provided by Braun Associates, dated July, 2017 and the 2022 Floor Plan Exhibit: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132’) g. A-2.0.2 Level 2 Plan (140’, 142’) h. A-2.0.3 Level 3 Plan (152’) i. A-2.0.4 Level 4 Plan (162’) j. A-2.0.5 Level 5 Plan (172’) k. A-2.0.6 Level 6 Plan (182’) l. A-2.0.7 Level 7 Plan (192’) m. A-2.0.8 Level 8 Plan (202’) n. A-2.0.9 Level 9 Plan (212’) o. A-2.0.10 Level 10 Plan (222’) p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations – Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations – Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades June 21, 2022 - Page 82 of 189 3 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1 – Existing and Proposed Condition jj. Level 2 – Existing and Proposed Condition kk. Level 3 – Existing and Proposed Condition ll. Level 4 – Existing and Proposed Condition mm. Level 5 – Existing and Proposed Condition nn. Level 6 – Existing and Proposed Condition oo. Level 7 – Existing and Proposed Condition pp. Level 8 – Existing and Proposed Condition qq. Level 9 – Existing and Proposed Condition rr. Level 10 – Existing and Proposed Condition ss. Level 1 and Level 2 – Existing Parking tt. Level 1 and Level 2 – Proposed Parking uu. 2022 Floor Plan Exhibit Density – Units per Acre – Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units – The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units – 28 32 Accommodation Units – 130 123 Fractional Fee Club Units – 6 Type III Employee Housing Units – 28 as of the date of this Ordinance, 28 Type III Employee Housing Units are required, but upon conversion as described in Section 5, Item 29 below this amount may be reduced, but not below a minimum of 12 Attached Accommodation Units – 15 Density – Floor Area – The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA – 177,609 square feet Retail – 2,386 square feet June 21, 2022 - Page 83 of 189 4 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX Restaurant/Lounge – 5,946 square feet (seating capacity) Conference Facilities – 11,139 square feet Health Club and Spa – 18,577 square feet Setbacks – Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height – The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage – The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71%). Landscaping – The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Parking and Loading – The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (230 spaces required, 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: June 21, 2022 - Page 84 of 189 5 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 1. That the developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 24 employees on the Four Seasons Resort site (subject to the conversion provisions of Section 5, Item 29 of this Ordinance), and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. This deed restriction shall be amended as provided in Section 5, Item 29 upon provision of off-site employee housing in replacement of on-site employee housing. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. June 21, 2022 - Page 85 of 189 6 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 9. That the required Type Ill deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non-adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm-water discharge, etc.) prior to issuance of a building permit. June 21, 2022 - Page 86 of 189 7 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design-related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. June 21, 2022 - Page 87 of 189 8 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. l. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. June 21, 2022 - Page 88 of 189 9 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two-bedrooms and 788 square feet, located within the Town of Vail. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour vehicular trip. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 29. The applicant shall have the right and option, but not the obligation, to convert up to 16 of the on-site dormitory room EHUs to Accommodation Units by replacing on-site EHUs with off-site EHUs. Prior to issuance of a certificate of occupancy for the conversion of any of the existing dormitory rooms, the applicant shall record with the Eagle County Clerk and Recorder an employee housing deed restriction, in a form approved by the Town, corresponding to the square footages in Table 23-2 for each employee. Each dormitory room repurposed equates to two employees for the purposes of mitigation. Up to 15.75 employees may be mitigated by recording deed restrictions on properties located in Eagle-Vail; all other employees required to be mitigated as a result of conversion of dormitory rooms shall be mitigated by recording deed restrictions on properties located within the Town. The applicant shall not be required or obligated to convert any dormitory room, and a conversion of dormitory rooms shall not require any future or further conversion of dormitory rooms. Section 3. 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 4. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 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 June 21, 2022 - Page 89 of 189 10 6/15/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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 PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of June, 2022 and a public hearing for second reading of this Ordinance set for the ___ day of ___________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk June 21, 2022 - Page 90 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Four Seasons Resort and Residences Vail Proposed Amendments to SDD No. 36, Series 2005, as previously amended by Ordinance No. 20, Series 2005 & Ordinance No. 21, Series of 2017 Updated submittal to the Town of Vail, April 2022 June 21, 2022 - Page 91 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM INTRODUCTION: Four Seasons Resort and Residences Vail (Four Seasons) was acquired in 2016 by Extell Development with a vision and a promise to invest tens of millions of dollars to redevelop a flawed development plan and design into a best-in-class Resort operation. In addition to working with the Town of Vail to amend the Special Development District in 20 17 to address the failed fractional component, Extell completed construction in two phases without ever shutting down the Resort at the Town’s request. Having completed Phase II construction in 2021, and in the midst of navigating the global pandemic, Extell turned its focus to its employment model and its related housing program with the goal of maintaining a consistent and well-trained workforce during the period of COVID impact, a growing housing crisis and well into the future. The SDD for the Four Seasons was passed in 2001 under the Resort’s original ownership and received additional amendments in 2003 and 2005. A condition included in the Resort’s approved SDD was that 28 employee housing units were to be provided onsite; said units were conceived and approved as dormitory -style and double-occupancy in order to house 56 of the employees generated by the new development. To Extell’s knowledge, this form of employee housing was not used significantly before or after the Four Seasons SDD. Moreover, once the Town of Vail codified the employee housing components of the Town Code, the minimum standards permissible by Code were far in excess of the approved employee housing that was part of the Four Seasons SDD; for example, Section 12-13-4 requires new dormitory units to contain “200 sq. ft. minimum for each person occupying the EHU”. By comparison, the Four Seasons units are about 215 usable square feet (excluding closets, cabinets and bathrooms.) Extell found the utilization of the onsite housing to be less than 45 percent most years since Extell acquired the resort. Based upon feedback from employees, the primary impediment to occupancy is the nature of the housing—dorm rooms with shared bathrooms do not offer privacy nor conventional cooking facilities nor the flexibility of living with family and/or pets. June 21, 2022 - Page 92 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Extell has been working closely with the Town of Vail Community Development Department, Housing Department and the Vail Local Housing Authority with the goals to address the onsite employee housing component that has largely failed; to create a funding mechanism for off-site housing; and to address seven underperforming hotel rooms with a conversion to four additional for-sale dwelling units. In seeking feedback to its application, Extell met with the Planning & Environmental Commission on March 14, 2022, and the Vail Town Council on April 5, 2022. While the application was denied 5-0 by the PEC, and the Town Council remanded the application back to PEC, the input received at both hearings has shaped the updated application as of April 2022, largely prioritizing a reimagined employee housing program for Four Seasons . See the prior March narrative/application for further in-depth discussion and analysis. PROPOSAL: Amendments to SDD #36 are intended to allow for the reconfiguration of the Four Seasons that will include: • Maintaining 12 onsite dorm rooms (24 beds) for J1s, H2Bs and temporary employees; • Replacing the other 16 underutilized onsite deed-restricted employee dorm rooms (32 beds) with offsite deed restrictions in the Town of Vail and EagleVail; • Extell proposes to deed-restrict approximately 28 bedrooms within units that have adequate living, kitchen, bedroom and bathroom spaces. June 21, 2022 - Page 93 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM • Reconfiguring the 16 underutilized employee housing units into 11 hotel accommodation units (AU’s) and reconfiguring an administrative office into 2 additional AUs; • Reclassifying seven existing hotel accommodation units into four dwelling units. Offsite housing mitigation: To meet the feedback about wanting to limit the mitigation region as well as in large part secure deed restrictions within the Town of Vail, Colo., the mitigation region will not move beyond EagleVail, Colo. Extell has negotiated with the owner of the Vail Daily Building in EagleVail to permanently deed restrict the seven 2 -bedroom units in the building in exchange for a substantial cash payment from Extell. The deed restriction will name the Town of Vail as grantee of the deed restrictions and there will be a tiered or waterfall approach to all subsequent leases: (i) Four Seasons and Four Seasons employees will have first access to lease the units, and (ii) in the unlikely event that a vacancy is not filled by Four Seasons, the unit will be listed for rent with preference given to employees working within the Town of Vail. With respect to the 12 remaining onsite employee units, Extell has committed to the Community Development Department to create a new reporting mechanism more reflective of the unique circumstances and to ensure to the Town’s satisfaction that the dorm rooms are occupied and what is being done to fill vacancies in a timely manner. Reporting for the off-site units will use the Town’s standard Annual Verification for Employee Housing Unit form. Extell will also commit to an upgrade of the remaining 24 beds, or 12 bedrooms, that we will keep in place and onsite. Our average occupancy going back to 2016 gives us confidence that we wil l be able to maintain occupancy in these 12 bedrooms with the right number of H2B and J1 Visa seasonal employees rotating through. The upgrades will include renovated bathrooms and refreshed finishes. BACKGROUND: After receiving the 2017 SDD Amendment approval, Extell commenced efforts to consolidate the third-party fractional owners into 6 FFUs and determine which units in the building were able to be converted to DUs and which could be AUs—all as affected by site conditions, including significant constraints by the building’s existing post -tension structural system. The major renovation of the property commenced in spring 2019 for completion before Thanksgiving 2019 with a second phase planned for the same period of time in 2020. However, the onset of the global pandemic caused Extell to indefinitely pause certain elements of the Phase II renovation — in particular the very costly work of subdividing an existing AU into multiple AUs—and delay the onset of other Phase II elements until spring 2021. A snapshot of what exists today and what is proposed hereunder is attached as Exhibit A; in addition, as discussed with Community Development, in the event the employee housing components of this application are not approved, Exhibit B should alternatively be approved to update the floor plans and to approve the conversion of the seven AUs into the four new proposed DUs. June 21, 2022 - Page 94 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM As a result of the prior SDD amendment and Extell’s overall renovation of the Resort, 2022 rooms/residential revenue is projected to be 36% higher than 2017. Within that growth, the fastest growing business segment is the residential rentals; that has grown by nearly 50% since the 2017 SDD amendment. As several competing destinations have all recently announced major new developments from luxury operators (Montage Big Sky, Four Seasons Telluride and the Mayflower development in Deer Valley), the market continues to evolve, consumer tastes continue to gravitate to residential rental product and ultimately we need to adapt to the ever- changing market to remain the premier North America destination. In addition, Extell’s sales of the DUs created in the 2017 amendment resulted in nearly $850,000 of transfer taxes payable to the Town of Vail. Accordingly, our proposal to convert seven underperforming AUs into four new DUs will (i) result in significant additional transfer taxes, and (ii) continue to further position the Resort for the more desirable residential product managed by a hotel company. As mentioned earlier, Four Seasons Resort and Residences Vail was designed and approved in 2001, and broke ground in 2005. It predates the adoption of commercial linkage and inclusionary zoning, as well as the EHU exchange provisions. Instead, the onsite dorm rooms were presented by the original developer as the public benefit portion of the SDD. The dorm rooms are mostly located on the western side of the building on the 3 rd and 4th floors and sandwiched between third party owned condos, the fixed and shared corridor to condos, fractional units and hotel rooms and other critical building infrastructure that cannot be moved. Accordingly, any reconfiguration would need to occur within the same overall general space as today. That leaves approximately 129 linear feet of building frontage on each floor to provide all necessary access and light/air per the building code. A rule of thumb in building design is that 11- 12 feet is a reasonable dimension for room width. Accordingly, this fixed 129’ dimension generally limits us to two three-bedroom units (~46 feet wide each) and a single two-bedroom unit (~35 feet wide) on each floor. Per Town Code, that could house 18.5 employees, which would be a 63% reduction from the current configuration . An alternate way of verifying this calculation is that we currently have approximately 8,000 sqft of employee housing on the 3rd and 4th floors; using the Town code metric of a 3-bedroom requiring a minimum of 1,225 sqft equates our area to just six and a half 3-bedroom apartments. Extell is not interested in reducing our employee housing requirement and we presume, notwithstanding some of PEC’s prior comments, that the Town is also not interested in reducing the quantity of deed restrictions. Offsite EHUs will provide even greater public benefit than what was envisioned with the onsite EHUs: a) they will be occupied; b) their square footage will be approximately 2.5 times greater than the current dorm rooms, c) they will be deed restricted in perpetuity and available for use by non-Four Seasons employees, d) they will appeal to long term residents and those aiming to raise families in Vail and foster a community, and e) they will prevent an additional ~28 bedrooms from succumbing to the pressures of vacation rentals and/or secondary homes and being June 21, 2022 - Page 95 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM removed from the community’s rental product—a scenario that would never happen to dorm rooms. While Extell could continue operating the hotel as it is today, the goal is to implement solutions so that not only is the Resort meeting its 56-bed requirement but is actually housing employees and not finding itself with dozens of underutilized beds. ANALYSIS: Of the 56-bed requirement, Extell found strong occupancy throughout the year of about 24 beds. Peak occupancy in 2019 was 37 tenants; 2018 was 32; 2017 was 38; and 2016 was 30. In working with the Community Development Department, there was a question raised about the required reporting and why it was not raised earlier that occupancy year-round was an issue; when Extell acquired the Resort, the pitch from the brokers and seller was all about the 30,000+ sqft of failed fractional real estate and the dated 200,000+ sqft of hotel rooms, corridors and public a reas that needed a lot of attention. It wasn’t until the Resort was abruptly closed in March 2020 for COVID that Extell began an analysis of every cost associated with a closed Resort and identified the dorm rooms as an area needing further exploration; at that time, Extell analyzed historical payroll logs to determine the historical occupancy and shortly thereafter began conversations with various Town representatives about the underutilized nature and desire to address via an SDD amendment. As mentioned earlier, Extell will work with Community Development to create a new reporting mechanism specific to the Four Seasons. June 21, 2022 - Page 96 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Expectations with the 2022 SDD Amendment approval: - Pending Town of Vail approvals, purchasers for the four new DUs have been identified and are prepared to close this summer. In addition, all four interested parties have expressed their commitment to include the DUs in the resort’s residential rental program with Four Seasons. These four units are expected to generate approximately $2.5 million of annual gross rental revenue, which will be subject to the Town’s sales and lodging tax. The sales of the four DUs will generate the necessary funds to (i) acquire the onsite deed restrictions, (ii) improve the 12 onsite dorm rooms, (iii) convert and renovate the 16 former dorm rooms into 11 new hotel keys, and (iv) convert and renovate the administrative office space into 2 new hotel keys. - 16 dorm units move offsite, with 14 deed-restricted bedrooms located in EagleVail and the remaining balance (approximately 14 bedrooms) in the Town of Vail. The required Town of Vail offsite housing will be a mixture (in Applicant’s discretion) of (i) deed restricted units owned by third parties, (ii) master leases for up to 4 bedrooms in the aggregate, and (iii) temporary or permanent fee ownership of dwelling units. - 16 dorm-style units are converted to 11 hotel rooms and administrative offices converted to two additional hotel rooms. Criteria for Review: SDD Amendment The SDD chapter of the Town Zoning Code prescribed nine criteria to be used to evaluate the merits of a proposed Special Development District. The SDD sections states: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicab le, or that a practical solution consistent with the public interest has been achieved. These criteria and response to each are outlined below. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response: There are no changes proposed to the property that would have any effect on the considerations outlined above. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: June 21, 2022 - Page 97 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Our proposed housing plan does not present any adverse effect on surround ing uses and activity; in fact, it likely improves the situation for surrounding uses and activities as it ensures that ~28 additional bedrooms are not removed from the rental housing stock for vacation homes or vacation rentals. Underutilized dorm rooms are being traded for proper and desirable dwelling units and ensuring that they are forever precluded from non- employee use by being devoted in perpetuity to full-time, year-round employee use. Moreover, with respect to the codified Deed Restriction Exchange Program, please note as follows: (i) the Code specifically provides that it does not apply to employee housing units that are part of an approved development plan, (ii) we are unaware of other owners attempting to correct flaws with more than two dozen bedrooms worth of underutilized employee housing, (iii) our situation is so narrowly tailored to onsite double occupancy dorm rooms that the perceived impact or precedence on others is non-existent, (iv) using the Deed Restriction Exchange Program for this amendment is inconsistent with the program’s typical exchanges, and (v) the operative portion of the Deed Restriction Exchange Program relies upon the gross residential floor area of the new deed restricted unit being a multiple greater than the GRFA for the deed restriction being replaced—which is exactly what we are proposing in our amendment, in that we currently have ~5,325 square feet of employee housing and we are proposing to replace it with more than 13,400 square feet of deed restricted employee housing. Accordingly, a SDD amendment is the proper venue to (i) correct flaws from the prior SDD that have been revealed with the passage of time and (ii) provide practical solutions to better align with mutual housing goals shared amongst applicant, the Town of Vail, employees and surrounding employers. June 21, 2022 - Page 98 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Response: The 2017 amendment to SDD No. 36 establishes the parking requirement for the Four Seasons to be 230 spaces. The existing SDD also acknowledges that “235 spaces provided”. All parking at the hotel is managed by 24/7 concierge services which includes valet spaces. Below is a summary of the new parking demand from the proposed amendments: Based on the matrix above the proposed amendments will not increase the number of required parking spaces. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Response: Ex Vail’s fundamental goal with this amendment is to correct the underutilized nature of its employee housing and to replace dorm rooms with off-site deed restricted dwellings; making this change will ensure that the deed restricted beds are actually occupied by Vail workforce instead of merely meeting a zoning requirement but sitting underutilized year after year due to an ill-conceived type of housing product. Moreover, Vail’s Land Use Plan specifically sets forth a goal of “Additional employee housing needs should be accommodated at varied sites throughout the community.” Most employers in Vail would attest that Eagle-Vail (and beyond) meets the critical goal of providing housing and a community for employees working within the Town of Vail. In addition, Town Council’s recent actions on Kayak Crossing and the successful 2A ballot initiative both speak to employee housing outside the Town of Vail being a critical component of Vail’s town policies going forward. Four Seasons SDD Amendment Parking Analysis 2/3/2022 Land Use 2017 SDD Amendment 2017 Parking Req. Current Condition Current Condition Parking Req. Proposed Condition Parking Req. For Proposed Condition Net Parking Compared to 2017 Amendment AUs 130 91.0 117 81.9 123 86.1 -4.9 DUs 28 39.2 28 39.2 32 44.8 5.6 FFUs 6 4.2 6 4.2 6 4.2 0 Lockoffs 18 12.6 15 10.5 15 10.5 -2.1 147.0 135.8 145.6 New Parking Req.-1.4 June 21, 2022 - Page 99 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM These goals are consistent with many aspects of the Town’s Comprehensive Plan and town policies and address head on one of the greatest challenges currently facing the Town of Vail. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Response: This criterion is not applicable to the proposed amendments. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response: This criterion is not applicable to the proposed amendments. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Response: The proposed amendments will have no appreciable effect on traffic considerations; given the low utilization and desirability of the onsite employee housing, the employees that were supposed to be housed onsite are already commuting to the resort from off -site housing and have been doing so for 10+ years. Accordingly, our proposed SDD amendment and revised housing plan does not create any additional traffic impact than what exists today. We aren’t moving employee housing down valley; instead, we are trading empty beds for better deed restrictions on desirable housing that will be located either in the Town of Vail or on the bus route in Eagle-Vail. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Response: This criterion is not applicable to the proposed amendments. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Response: This criterion is not applicable to the proposed amendments. June 21, 2022 - Page 100 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Exhibit A June 21, 2022 - Page 101 of 189                                                                                                                   Unit Totals Level 1 - Proposed Condition Proposed Project Totals 130 - AU’s Level 1 - Existing Condition Level 1 - Proposed Condition No Change Unit Totals 0 - AU's 0 - DU's 0 - FFU's 0 - EHU's 0 - Lock Offs June 21, 2022 - Page 102 of 189                                                                                                                                               - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 0 - AU’s 0 - DU’s 0 - FFU’s 0 - Lock Offs Level 2 - Proposed Condition Level 2 - Existing Condition Level 2 - Proposed Condition No Change Unit Totals 0 - AU's 0 - DU's 0 - FFU's 0 - EHU's 0 - Lock Offs June 21, 2022 - Page 103 of 189 Level 3 - Existing Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Level 3 - Proposed Condition 12 EHU’s 3101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3102 (2 lockoffs) (1 lockoff) 2 AU’s converted to 3 AU’s 3103 Unit Totals 14 - AU’s 3 - DU’s 0 - FFU’s 3 - Lock Offs 3 AU's 13 AU's Level 3 - Proposed Condition No Change Unit Totals 16 - AU's 2 - DU's 0 - FFU's 12 - EHU's 1 - Lock Offs June 21, 2022 - Page 104 of 189 Level 4 - Existing Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 23 - AU’s 1 - DU’s 1 - FFU’s 1 - Lock Offs 13 EHU’s 4101 4102 convert to 3 AU’s (1 Lockoff) 4103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 AU’s converted to 3 AU’s 1 AU 19 AU's Level 4 - Proposed Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 23 - AU’s 1 - DU’s 1 - FFU’s 1 - Lock Offs 13 EHU’s 4101 4102 convert to 3 AU’s (1 Lockoff) 4103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 AU’s converted to 3 AU’s 19 AU's 4101 9 AU's Unit Totals 20 - AU's 1 - DU's 1 - FFU's 13 - EHU's 1 - Lock Offs Unit Totals 28 - AU's 2 - DU's 1 - FFU's 0 - EHU's 1 - Lock Offs June 21, 2022 - Page 105 of 189 Level 5 - Existing Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa Health Club Unit Totals 30 - AU’s 1 - DU’s 1 - FFU’s 0 - Lock Offs 51025103 5101 5104 convert to 2 AU’s convert to 2 AU 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 51015104 Lower 26 AU's Level 5 - Proposed Condition No Change Unit Totals 26 - AU's 2 - DU's 2 - FFU's 0 - EHU's 0 - Lock Offs June 21, 2022 - Page 106 of 189 Level 6 - Existing Condition Level 6 - Proposed Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 27 - AU’s 2 - DU’s 2 - FFU’s 2 - Lock Offs 6101 61026103 6104 convert to 3 AU’s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Convert to 1 DU (2 Lockoffs) Top Floor of 2 Level Unit 6101 26 AU's - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 27 - AU’s 2 - DU’s 2 - FFU’s 2 - Lock Offs 6101 61026103 6104 convert to 3 AU’s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Convert to 1 DU (2 Lockoffs) Top Floor of 2 Level Unit 6101 21 AU's 6012 6020 Unit Totals 26 - AU's 2 - DU's 1 - FFU's 0 - EHU's 0 - Lock Offs Unit Totals 21 - AU's 4 - DU's 1 - FFU's 0 - EHU's 0 - Lock Offs June 21, 2022 - Page 107 of 189 Level 7 - Existing Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 22 - AU’s 6 - DU’s 1 - FFU’s 6 - Lock Offs 7101 (2 lockoffs) 7104 (2 lockoffs) 7106 convert to 3 AU’s Convert to 1 DU (2 lockoffs) 1 3 27105 3 EHU’s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 AU 18 AU's 7018 (3 lockoffs) Level 7 - Proposed Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 22 - AU’s 6 - DU’s 1 - FFU’s 6 - Lock Offs 7101 (2 lockoffs) 7104 (2 lockoffs) 7106 convert to 3 AU’s Convert to 1 DU (2 lockoffs) 1 3 27105 3 EHU’s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 AU's 7018 (3 lockoffs) 7106 2 AU's 2 AU's Unit Totals 19 - AU's 6 - DU's 1 - FFU's 3 - EHU's 7 - Lock Offs Unit Totals 22 - AU's 7 - DU's 1 - FFU's 0 - EHU's 7 - Lock Offs June 21, 2022 - Page 108 of 189 Level 8 - Existing Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 14 - AU’s 6 - DU’s 1 - FFU’s 6 - Lock Offs Top Floor of 2 level Unit 8101 Convert to 1 DU (4 lockoffs) 8104 (2 lockoffs) 1 2 3 4 8106 convert to 3 AU’s 1 2 3 4 5 6 7 8 9 10 11 Top Floor of 2 Level Unit 8034 (4 lockoffs) 10 AU's Level 8 - Proposed Condition - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 14 - AU’s 6 - DU’s 1 - FFU’s 6 - Lock Offs Top Floor of 2 level Unit 8101 Convert to 1 DU (4 lockoffs) 8104 (2 lockoffs) 1 2 3 4 8106 convert to 3 AU’s 1 2 3 4 5 6 7 8 9 10 11 Top Floor of 2 Level Unit 8034 (4 lockoffs) 10 AU's Unit Totals 10 - AU's 6 - DU's 1 - FFU's 0 - EHU's 6 - Lock Offs Unit Totals 10 - AU's 6 - DU's 1 - FFU's 0 - EHU's 6 - Lock Offs June 21, 2022 - Page 109 of 189 - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 0 - AU’s 5 - DU’s 0 - FFU’s 0 - Lock Offs 1 2 3 4 5 Level 9 - Existing Condition Level 9 - Proposed Condition No Change Unit Totals 0 - AU's 5 - DU's 0 - FFU's 0 - EHU's 0 - Lock Offs June 21, 2022 - Page 110 of 189 - AU’s (lodge rooms, suites) - DU’s (Penthouse, condos) - FFU’s (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 0 - AU’s 4 - DU’s 0 - FFU’s 0 - Lock Offs 1 2 3 4 Level 10 - Existing Condition Level 10 - Proposed Condition No Change Unit Totals 0 - AU's 4 - DU's 0 - FFU's 0 - EHU's 0 - Lock Offs June 21, 2022 - Page 111 of 189 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Exhibit B June 21, 2022 - Page 112 of 189 June 21, 2022 - Page 113 of 189 June 21, 2022 - Page 114 of 189 June 21, 2022 - Page 115 of 189 June 21, 2022 - Page 116 of 189 TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 9, 2022 SUBJECT: A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC21-0059) Applicant: Four Seasons Resort, represented by Andrew Sellnau Planner: Jonathan Spence I. SUMMARY The Four Seasons Resort is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units and dwelling units, and to amend the Employee Housing Plan to locate a portion of the existing onsite employee housing offsite. On March 14, 2022, following a presentation and discussion, the applicant requested an action on the application, resulting in a unanimous recommendation of denial to the Town Council. On April 5, 2022 the Vail Town Council voted (7-0) to remand the application back to the Planning and Environmental Commission for further review. 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 (PEC) forward a recommendation of approval, with conditions, of the major amendment to SDD No. 36, Four Seasons, subject to the findings noted in Section VIII of this memorandum. June 21, 2022 - Page 117 of 189 Town of Vail Page 2 II. DESCRIPTION OF REQUEST The applicant, Four Seasons Resort, is requesting a major amendment to SDD No. 36, Four Seasons (Ord. No. 21, Series of 2017), in order to change the unit mix within the resort and to relocate a portion of the existing on-site employee housing to offsite locations. The application has been amended to provide locations for the housing both within the Town of Vail and the adjacent Eagle-Vail community. The current proposal includes the following components: • Replacing up to 16 underutilized onsite deed-restricted employee housing units (EHUs) with offsite deed-restricted employee housing. A portion of the obligation is proposed to be satisfied through the purchase of seven (7) deed restrictions (2-bedroom units) in an existing multifamily building located in Eagle-Vail. The remainder of the obligation is proposed to be met through in town deed restrictions. • The proposed Eagle Vail deed restrictions are proposed to be offered first to the Four Seasons and, secondarily, preference to employees working within the Town of Vail. Staff has approached the applicant and is working with legal counsel on the possibility of the Town of Vail stepping if units are not occupied by Four Seasons employees. Concerns related to timing and vacancies will be addressed by a legal agreement to be presented before the Town Council. • Reconfiguring the underutilized dorm-style employee housing units into 13 additional hotel accommodation units (AUs), and • Reclassifying seven existing accommodation units into four dwelling units. Following the 2017 approval, the Four Seasons completed some of the proposed conversions, opted not to move forward with others and moved forward with other conversions that were not part of the approval. The following chart shows the approved, actual, and proposed unit mixes: Approved Unit Mix 2017 Actual Unit Mix 2021 Proposed Unit Mix 2022 Net Change from 2017 approval 130 AUs 117 AUs 123 AUs -7 AUs 28 Dwelling Units (with 18 AAUs) 28 Dwelling Units (with 15 AAUs) 32 Dwelling Units (with 15 AAUs) +4 DUs - 3 AAUs 6 FFUs 6 FFUs 6 FFUs - 28 EHU 28 EHU 12 EHUs -16 EHUs June 21, 2022 - Page 118 of 189 Town of Vail Page 3 As all the conversions occur within the existing structure, with the exception of the existing EHU balconies that will be converted to AU square footage; there are no changes to development standards such as setbacks, building height, site coverage, and landscaping. Parking: The existing SDD (Ord. No. 21, Series of 2017) demonstrated a total parking capacity of 230 spaces serviced via a 24 hour valet service. The staff analysis of the approved, completed, and proposed work indicates that the net effect on parking is negligible with an overall effect of a reduction in the requirement of 1.4 spaces. Please see page 12 of the applicant’s narrative. Commercial Linkage and Inclusionary Zoning: The amendments to the unit mix accomplished through the 2017 amendments increased the employee mitigation requirements which was addressed with a housing deed restriction for at least one two-bedroom dwelling unit with a minimum of 788 square feet, located within the Town of Vail. Staff analysis of the approved, completed, and proposed work, not including the repurposing of 16 dorm rooms (EHUs) to Accommodation Units, has a relatively negligible effect on the overall employee mitigation requirement for the Four Seasons Resort. As shown on pages 13 and 14 of the applicant’s narrative, the net increase in employees is 1.6 with a mitigation requirement of 20% or .32 employees. With the inclusion of the repurposing of the existing EHUs, the total mitigation requirement for the proposed amendments to SDD No. 36 is 32.32 employees. Existing On-Site Employee Housing Program The existing dormitory style EHUs, comprised of 28 rooms for an occupancy of 56 employees, make up the bulk of the required mitigation measures. The Town has consistently received notarized annual verification forms from the Four Seasons indicating compliance with the deed restrictions. Town of Vail deed restrictions require that units are continuously occupied by qualified residents. Accompanying the signed verification have been lists of employees utilizing the on-site EHUs. Staff has learned from the applicant’s team that the intention of providing the list of names was not only to demonstrate that the occupants were qualified residents, as required, but also to demonstrate that the units were not being occupied at 100% capacity. As this intention is contrary to the verification form (a copy of which has been included as Attachment C.), town staff has not been aware of the ongoing noncompliance with the requirements of the deed restriction. Staff is concerned that the remaining dormitory style rooms will continue to function with less than 100% occupancy, as required by the deed restriction. Proposed Mitigation June 21, 2022 - Page 119 of 189 Town of Vail Page 4 The applicant is proposing to meet the mitigation requirement through the purchase of deed restrictions on an existing multifamily property in Eagle Vail. Please see the applicant’s narrative for details on this approach. The proposal will result in a net increase in restricted square footage in comparison to the existing dorm rooms but equates to the same number of employees mitigated per the code requirements outlined in Table 23-2 and shown below: TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type Of Unit Minimum Size (GRFA) Number Of Employee s Housed Dormitory 250 1 Studio 438 1.25 1 bedroom 613 1.75 2 bedroom 788 2.25 3 or more bedroom 1,225 3.5 Deed Restriction Exchange Program The applicant is intending to accomplish the off-site deed restrictions through the Special Development District amendment process. Section 12-3-5 of the Vail Town Code provides a mechanism for the removal of a deed restriction on a property. (Please see Section IV, Applicable Planning Documents for this section of the Vail town Code.) As the applicant is proposing an Amendment to the SDD, this section shall only serve as a guide. Per this section, the relocation of a deed restriction is subject to a ratchet effect determined by the location of the existing restriction and the location of the proposed restriction. In this case, the Four Seasons is located within the Commercial Job Core, as defined, and the proposed down valley receiving areas are located outside of the Commercial Job Core. Per Section 12-13-5 D.3.b. of the Vail Town Code, the exchange rate would be three (3) times the GRFA requirement of the existing EHUs. It should be noted that at this time exchanging in town restrictions for out of town restrictions is not permissible under the exchange program. III. BACKGROUND The subject property was once occupied by a 120 room Holiday Inn hotel and a gas station. Ordinance No. 14, Series of 2001 established SDD No. 36, Four Seasons. SDD No. 36, Four Seasons, was subsequently amended to alter the unit mix in 2003 (Ord. No. 9, Series of 2003), 2005 (Ord. No. 20, Series of 2005) and 2017 Ord. No. 21, Series of 2017. The changes that occurred throughout this process are as follows: June 21, 2022 - Page 120 of 189 Town of Vail Page 5 2001 2003 2005 2017 AUs 116 118 122 130 DUs 15 18 16 28 (+ 18 AAUs) FFUs 40 22 19 6 EHUs* 4,971 SF 34 28 28 Total Units 171 + EHUs 192 185 210 * The property was developed prior to the Town of Vail codifying EHU requirements. Though approved in 2001, construction did not begin until 2006 and the project did not open as the Four Seasons until 2010. While there have been changes to the internal programming of the building, no other significant changes have been made to the resort since its opening. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code Chapter 9, Article A. Special Development (SDD) District (in part) 12-9A-1-A: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special June 21, 2022 - Page 121 of 189 Town of Vail Page 6 development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: June 21, 2022 - Page 122 of 189 Town of Vail Page 7 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. June 21, 2022 - Page 123 of 189 Town of Vail Page 8 2. That the SDD 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 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. 12-9A-10: AMENDMENT PROCEDURES: B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. 12-13-5 Employee Housing Unit Deed Restriction Exchange Program A. Purpose: The purpose of this section is to provide occupied livable, affordable employee housing units within the town of Vail through the establishment of an employee housing unit June 21, 2022 - Page 124 of 189 Town of Vail Page 9 deed restriction exchange program. The exchange program allows the town council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/or a fee in lieu payment made to the town of Vail. B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage", or chapter 24, "Inclusionary Zoning", of this title or as part of an approved development plan. C. Definitions: For the purpose of this section: COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. EXCHANGE EHU: The existing nonprice appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. PROPOSED EHU: The existing, non-deed restricted dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. June 21, 2022 - Page 125 of 189 Town of Vail Page 10 D. General Requirements: The town council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction, and/or the payment of a fee in lieu, as described in subsection D5 of this section. 1. Exchange EHU Requirements: a. The exchange EHU shall not be part of any employee housing project developed or deed restricted (in part or in whole) by the town of Vail. b. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. 2. Proposed EHU Requirements: a. The proposed EHU(s) shall be located within the town of Vail. b. The proposed EHU(s) shall be within a homeowners' association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the administrator. c. The proposed EHU shall comply with the minimum size requirements shown in table 13-2 of this section. TABLE 13-2 MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with chapter 10, "Off Street Parking And Loading", of this title. f. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate For Proposed EHUs: June 21, 2022 - Page 126 of 189 Town of Vail Page 11 a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in subsection D3 of this section, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the commercial linkage or inclusionary zoning employee housing mitigation banks established by sections 12-23-7 and 12-24-7 of this title. 5. Fee In Lieu: The applicant may provide a fee in lieu payment to the town of Vail for any fractional portion of the required square footage less than four hundred thirty eight (438) square feet not provided by a proposed EHU, if the proposed EHU does not fulfill the required amount of calculated square footage. a. The town council at its sole discretion may accept fee in lieu payment for the full required square footage only if the exchange EHU was approved prior to July 22, 1994, and has a deed restriction that includes the language stating, "if the unit is rented, it shall be rented only to tenants who are full time employees...". b. The fee in lieu calculated amount shall be paid after approval of the application by the town council, but prior to recording of the deed restriction release. The fee shall be based upon the current fee structure in place at the time of approval. Early payment of the fee in lieu shall not be accepted prior to approval. The approval for deed restriction release shall sunset one year from the date of approval and any fees paid are nonrefundable. c. The town shall use monies collected from fees in lieu to provide incremental new employee housing units. Existing EHU square feet x inclusionary zoning fee = fee in lieu payment E. Fees: The town council shall set an application fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application and shall not be refundable. F. Review Process: June 21, 2022 - Page 127 of 189 Town of Vail Page 12 1. Submittal Requirements: The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and/or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. 2. Review Procedures: a. Administrator Review: The administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail local housing authority. b. Vail Local Housing Authority Review: The review of a proposed employee housing deed restriction exchange application shall be held by the Vail local housing authority at a regularly scheduled meeting. A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail local housing authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail local housing authority shall act on the application. The Vail local housing authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The Vail local housing authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. c. Town Council Review: Upon receipt of the report and recommendation of the Vail local housing authority, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the town council shall act on the application. The town council shall consider but shall not be bound by the recommendation of the Vail local housing authority. The town council may approve, either in accordance with the recommendation of the Vail local housing authority or in modified form, or the town council may deny the application. d. Appeal: Administrator and town council decisions may be appealed in accordance with the provisions in section 12-3-3, "Appeals", of this title. 3. Criteria And Findings: a. Criteria: Before acting on an employee housing deed restriction exchange application, the Vail local housing authority and Vail town council shall consider the following criteria with respect to the application: (1) The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and (2) The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in section 12-23-3 of this title; and June 21, 2022 - Page 128 of 189 Town of Vail Page 13 (3) The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and (4) The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and (5) The extent to which the exchange 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 (6) The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (7) The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. b. Necessary Findings: Before recommending and/or granting an approval of an employee housing deed restriction exchange application, the Vail local housing authority and the Vail town council shall make the following findings with respect to the application: (1) The application meets the general requirements of subsection D of this section; and (2) The application 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 (3) The application furthers the general and specific purposes of the zoning regulations, section 12-1-2 of this title, and the employee housing regulations, section 12-13-1 of this chapter; and (4) The application 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. V. ZONING AND SDD NO. 36, FOUR SEASONS RESORT & RESIDENCES ANALYSIS Address: 1 Vail Road Legal Description: Vail Village Filing 2, Lot A - C Existing Zoning: Public Accommodation (PA) Existing Land Use Designation: Resort Accommodations and Services Mapped Geological Hazards: Steep Slope > 40% (Man-Made) View Corridor: None Development Standard Allowed / Required Existing Proposed Change Site Area 10,000 SF 2.32 acres (101,140 SF) No Change Setbacks As set forth in the Approved Development Plan referenced in Section 4 of Ord. No. 20, Series of 2005, Four Seasons SDD No Change Building Height 89’ N/A No Change Density AUs: 130 DUs: 28 (+15 AAUs) AUs: 123 DUs: 32 (with 15 AAUs) AUs: +7 DUs: +4 June 21, 2022 - Page 129 of 189 Town of Vail Page 14 FFUs: 6 EHUs: 28 FFUs: 6 EHUs: 12 FFUs No Change EHUs: -16 GRFA 177,609 SF No Change Retail SF 2,386 SF No Change Restaurant SF 5,946 SF No Change Conference SF 11,139 SF No Change Health Club 18,577 SF No Change Site Coverage 85,091 SF (71%) (Below Grade) 70,150 SF (59%) (Above Grade) No Change Landscaping 35,268 SF (30%) No Change Parking & Loading 230 Spaces 235 Spaces 235 Spaces No Change VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Public / Semi-Public General Use (GU) South: Medium Density Residential Two-Family Residential (R) Transition Area High Density Multiple-Family (HDMF) General Use (GU) Public Accommodation (PA) East: Village Master Plan Public Accommodation (PA) Commercial Service Center (CSC) West: Resort Accomm. and Services High Density Multiple-Family (HDMF) Transition Area VII. SDD REVIEW CRITERIA Before acting on an SDD application, the PEC and Town Council shall consider the following factors with respect to the proposed SDD: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. With the exception of the conversion of the existing EHU balconies, the proposed major amendment involves only the reconfiguration of existing interior space and will not impact the immediate environment or neighborhood or adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, or visual integrity and orientation. Staff finds the proposal complies with this criterion. June 21, 2022 - Page 130 of 189 Town of Vail Page 15 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment involves primarily the reallocation of existing front line worker housing off-site. The revised housing plan with mitigation proposed within the Town boundaries and the adjacent Eagle Vail community is more consistent with the requirement (12-24-6) that a minimum of half of the employee housing required is accomplished with on site units. Staff finds the proposal generally complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, Off Street Parking and Loading, Vail Town Code. The proposed major amendment does not result in a net increase in required parking. The parking improvements completed as part of the 2017 Major SDD Amendment are sufficient. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The proposed major amendment conforms to the following elements of the Vail comprehensive plan, town policies: Vail Land Use Plan Chapter II – Land Use Plan Goals / Policies (in part) 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). 3.1 The hotel bed base should be preserved and use more efficiently. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. June 21, 2022 - Page 131 of 189 Town of Vail Page 16 Vail Land Use Plan Chapter II – Land Use Plan Goals / Policies (in part) 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 - A Strategic Plan for Maintaining and Sustaining Community through to the Creation and Support of Resident Housing in Vail Mission: “We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail.” Policy Statement. Resident Housing as Infrastructure “We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government.” Economic Value and Community Benefits of Resident Housing Investment For each unit of resident housing, an estimated 400 hours of time and 950 gallons of gasoline are saved from shorter commutes every year—equating to greater business productivity and an opportunity for residents to give back to their community. It is generally assumed that in-commuters living in closer proximity to Vail will account for larger shares of new occupants of resident housing. As such, it was assumed that the average distance traveled by new occupants of resident housing would have traveled 30 miles. Over the course of a year, this reduction in commute time totals more than 2.2 million miles and represents more than 2 percent of all vehicle miles traveled by in-commuters. As a result, overall carbon emissions are reduced in the Vail Valley by 845 metric tons (2 percent of total estimated Vail in-commuter carbon emissions). It means that in-commuters save more than 95,000 gallons of gasoline per year. This annual savings means that enough energy is saved to charge more than 107 million iPhones and is equivalent to the air-scrubbing benefits of nearly 14,000 tree seedlings grown for more than 10 years. June 21, 2022 - Page 132 of 189 Town of Vail Page 17 Expansion of the Economy due to Filled Positions The availability of additional homes for residents and the workforce translates to a greater jobs market and fewer unfilled positions. It is estimated that approximately 123 full- and part-time positions would be filled as a result of Vail’s resident housing investment (100 units), thereby expanding Vail’s economy by an estimated $18.1 million annually (1.2 percent increase). Quality of Guest Experience There is direct linkage between the quality of the guest experience and the supply of local employees The revisions to the housing plan in contrast to the previous version locates all of the proposed mitigation east of Avon, with approximately 50% being located within the Town of Vail. These revisions address many of the concerns raised related to impacts on parking and transportation while also maintaining an in-town workforce, vital to the stability of the community. The possibility of utilizing a portion of the mitigation for Town of Vail employees if not utilized by the Four Seasons represents a tangible benefit to the community. Staff will continue to work with the applicant and the Town’s legal team on this opportunity prior to a first reading before the Town Council. Staff finds the proposal, generally complies with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is not located within any natural or geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal, with the exception of the conversion of the existing EHU balconies, does include any changes to the site plan, building design or location, or open space provisions. Staff finds the proposal complies with this criterion 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. June 21, 2022 - Page 133 of 189 Town of Vail Page 18 The revised proposal locates all mitigation east of Avon and places 50% within the Town limits. This significant change from the previous proposal addresses many of the concerns raised about the possible impacts of locating the mitigation further west. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposed major amendment does not include any changes to the landscaping or open space on the site. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed major amendment only pertains to interior changes to a limited number of the overall units located within the resort. No phasing or subdivision plan is necessary. Staff finds the proposal complies with this criterion. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the PEC forwards a recommendation of approval, with conditions, to the Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto Should the PEC choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council for a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to locate a portion of the existing onsite employee housing June 21, 2022 - Page 134 of 189 Town of Vail Page 19 offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto.” Should the PEC choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the following conditions: 1. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; 2. Prior to issuance of a certificate of occupancy for the conversion of any of the existing dorm rooms in the subject property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction corresponding to square footages per Table 23-2 for each employee. Each dormitory room repurposed equated to two employees for the purposes of mitigation. Should the PEC choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the PEC makes the following findings: “Based upon the review of the criteria outlined in Section VII of the Staff Memorandum to the Planning and Environmental Commission dated May 9, 2022, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the SDD complies with the standards listed in Section 12-9A-8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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.” June 21, 2022 - Page 135 of 189 Town of Vail Page 20 IX. ATTACHMENTS A. Revised Project Narrative, with floorplans, April 2022 June 21, 2022 - Page 136 of 189 P L ANNI NG AND E NV I RO NM E NTAL C O M M IS S IO N M ay 9, 2022, 1:00 P M Town Council Chambers and Virtual on Zoom 75 S . Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar https://us02web.zoom.us/webinar/register/W N_tX L0eRs9QKieoSkwg888J w After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: Reid Phillips, Bill J ensen, Bobby Lipnick, J ohn Rediker, Karen Perez and Henry Pratt Absent: Brian Gillette 2.Main Agenda 2.1.A request for the review of a variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow encroachment into a setback for an addition, located at 2665 Larkspur Lane/Lot 7, Block 2, Vail I ntermountain Development Subdivision, and setting forth details in regard thereto. (P E C22-0012) Applicant:Deborah W allace Zimmermann, represented by ND G Architecture Planner:J amie Leaman-Miller Planner Leaman-Miller introduced the project and walked the commission through the proposed setback encroachment and the recommended motion. Bill Nutkins, representing the applicant, provided a presentation and spoke to the orientation of the home and existing neighborhood pattern. Bill also spoke to annexation and regulations possibly in place at that time. Spoke to the applicants desires in relation to the home. Bill concluded with his analysis of the required criteria and the neighborhood context. J enson inquired about the utility easement encroachment. Leaman-Miller responded that this would be handled at D RB. Perez asked for confirmation from the applicant that the are no site constraints other than the existing home. Nutkins provided clarification. Perez explained the code provisions and the relationship to this application. June 21, 2022 - Page 137 of 189 Nutkins reiterated his earlier points about existing neighborhood conditions. Phillips spoke to the proposal and how minor accommodations could bring the home into conformance. Philips spoke to the criteria and the project not meeting it. Lipnick asked about the existing nonconforming parking. Nutkins asked for clarification about the criteria. Pratt spoke to the application and the criteria. Agreed with Commissioner Philips about the ease of compliance. Rediker agreed with others that the criteria is not met and that other solutions do exist. Perez agreed with Rediker and others. Henry Pratt moved to to deny. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Gillette 2.2.A final review of an amendment to a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, and Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to amend the approved conditional use permit for the buildout of Level 5 of the helipad building. At the time of the East W ing approvals, the uncertainty of uses for this space required a future C UP amendment. Applicant:Vail Health, represented by Braun Associates I nc. Planner:J onathan Spence Planning Manager Spence introduces the request. He talks about the proposed uses. Craig Cohn represents the applicant. Perez asks if the applicant is Vail Clinic I nc? Cohn clarifies that the is parent organization. J ensen asks about the relocation from the professional building to the 5th floor. J ensen asks about the future of the professional building. Spence says that is currently unknown as the hospital evaluates future needs. Spence says the movement should increase the experience for users and employers. Lipnick asks if it will be vacant. Cohn says it will move patient uses from this building to the hospital. The age and condition of the professional building is not conducive for patients to use some floors. The spaces vacated for medical uses are not planned for backfill at the moment. Perez asks what that means for parking? June 21, 2022 - Page 138 of 189 Cohn talks about parking spaces on site. Patient parking will shift from the professional building to hospital. Perez says it’s a sharp narrow turn into the parking structure. I f more users will be going there, she recommends it’s striped. That is her only concern. Cohn says they are making repairs on that ramp that will include the striping. Spence asks about the urgent care use. Cohn says the urgent care use will shift from the first to fifth floor. Rediker asks for public comment. Merv Lapin lives in the neighborhood. He asks if the professional building will eventually be demolished. Cohn says that is not in the plans. Lapin asks if the medical professional building was a concern for the helicopter flight plan. Cohn says it was not. Lapin asks about the land exchange and other agreements in relation to the next application. W hy was Vail Health not involved in the comments related to the Evergreen? Rediker says that comment would be more appropriate with the next application as it relates to that. J ensen and Phillips support this request. Pratt has no comment, Lipnick supports. Rediker thinks the application is straightforward. I t is a permitted conditional use under Town Code. I t complies with 12-16, he is in favor of approval. Henry Pratt moved to to approve with conditions. Bobby Lipnick seconded the motion and it passed (6-0). Absent:(1)Gillette 2.3.A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 7, Exterior Alterations or Modifications, Vail Town Code, to allow for redevelopment of the Evergreen Lodge, located 250 South Frontage Road West/Lot 2W, Block 1, Vail Lionshead Filing 2, and Lot F-1, Vail Village Filing No. 2 and setting forth details in regard thereto. (PE C22-0006) Applicant:HC T Member, L L C represented by Mauriello Planning Group Planner:J onathan Spence Spence introduces the items. The applicant is represented by Dominic Mauriello, Matt Kreilich, and Ross Altheimer with Ten x Ten Landscape Architecture who provided a June 21, 2022 - Page 139 of 189 presentation. Mauriello gives a summary of the P E C comments from the last meeting and discusses ongoing community outreach. He discusses the schedule for next steps. Kreilich gives a presentation on the proposed green roofs. He talks about the proposed square footage for green roofs and precedents for green roofs in similar climates. Lipnick asks if they learned about potential problems of green roofs at altitude. Kreilich says it can be challenging when you slope the green roof sections. Mauriello talked with W alking Mountains about the maintenance of these roofs, confirms that sloping roofs can cause challenges. Flat roofs can reduce the heat island effect. Phillips asks about examples of sloped roofs. At what point is the slope too much for a green roof? He doesn’t think the commission is necessarily disputing the green roofs, but they did have comments about the flat roofs. Kreilich says they are working through the architecture regarding the roof transitions. Lipnick asks if they are proposing native vegetation. Altheimer says they have been using local resources, and it will be a mix of native and adaptive species. He talks about the landscape plan for the green roofs. He talks about types of green roofs systems. He talks about the advantages of flat roofs. J ensen asks if the green roof is the justification for a flat roof? Or is another floor the reason for the flat roofs. Kreilich says they will continue to address this, regarding the previous comments about flat and sloped roofs. Lipnick asks how a pervious roof helps snow management. Altheimer says it helps collect and filter the snow and moisture. Kreilich talks about how flat roofs have proved better for snow management in his previous experience. Lipnick asks if the weight is an issue? Kreilich says the structural engineers design for that. Mauriello says he has seen around Vail that flat roofs have done better than sloped roofs with snow management. He says the applicants are still working to address the concerns around guidelines and sloped roofs as well as maintain the proposed green roof. Pratt asks if the intent is to keep the green roofs green. How much water would this take? I t is a balancing act of sustainability versus water use especially in a drier climate. June 21, 2022 - Page 140 of 189 Ross says utilizing plants from the region can help address this, especially during establishment which is a critical time. Being in the valley, it may also need less water than places like the front range. Rediker echoes Pratt’s concerns. He wants to know about re-using, recycling water on the site to help cut down on water usage. He also wants to know how many estimated gallons per year this would take. Mauriello talks about live beds. He talks about the permitted uses in the district. He talks about the proposed number of units, there is a significant increase in available live beds. He talks about the live bed policy in the Town. He addresses the Lionshead Redevelopment Master Plan (LRMP). He summarizes the presentation and says they will address other commissioner comments from the first meeting in detail at the next meeting. Lipnick emphasizes the importance of a restaurant on site. Mauriello says they have thought about that, considered options like a ghost kitchen for room service or a café or market in the lobby. They are trying to balance the various considerations. J ensen says it’s clear they are complying with the intent of live rooms. I t’s one thing to comply, it’s another to manage the operations. He doesn’t think the restaurant piece is as critical, but perhaps a market would be appropriate. There must be some level of service from a food amenity standpoint. Mauriello says there would be housekeeping on site as well as a front desk. Rediker references revised LRMP, 5.19.3. Opportunities for increasing the 128 units already on site should be evaluated during the development review process. He’s concerned if all owners don’t have to participate in the potential management program it will be more difficult to have all the beds operating. The size of the building is increasing significantly without an increase in accommodation units (A Us). Mauriello says there will be smaller, hotel type units for people to occupy. The experience has been that similar type units have been rented. He doesn’t know how the short-term rentals will be managed yet as they are working through it. He says they have significantly increased the number of keys related to the project. Rediker clarifies there are 135 condominiums and 128 A Us as proposed. Mauriello says there may be some flexibility with the A U number. Pratt asks if the Lion has lock-offs? He asks if they could provide occupancy rates from there or other examples. Mauriello says they can ask around and try and gather some examples. J ensen wants to know what percentage of rentals are single lock-offs. Pratt says Antlers is very successful, but the product occupies a different niche than what is proposed. Rediker references L RMP 5.19. He wants to make sure the proposal is June 21, 2022 - Page 141 of 189 living up to the language here. As a potential higher end product, he is concerned homeowners will not be interested in putting their units into a rental pool. He would like to see a cross-section comparing buildings in the area so the P E C and public could understand the proposed building height and massing. Going back to 2015, he understands that things change but wants to make sure the proposal reflects the comments from that time. There will be concerns from people about the massing along the frontage road. Pratt says the master plan from 2015 did show a gap between the buildings. There was some light and air present before and would like to see more of that. Commissioner Pratt leaves the meeting. Mauriello says the graphics at the time were conceptual. He talks about the proposed stepping for the building. He says they gave a live bed presentation to the council at the time. The applicants also heard the P E C regarding the stream setbacks. Rediker asks for public comment. Ron Robins speaks on behalf of Vail I nternational. He addresses some points from the presentation. The explanation of the green roofs doesn’t address the L RMP requirements for roof forms. He thinks this is an attempt to add another floor and increase the density to the maximum allowable. The green roof will not be green most of the year. He talks about noise reduction and the heat island effect, as well as the proposed plantings. He is concerned about the green roof failing down the road and what that will entail. He says the roof will require substantial irrigation. Regarding the live beds he says the intent is not the application. He wants to know more details about the proposed occupancy as it relates to the different unit types. There is a distinction between available and used units. He talks about property management and the example of the Antlers, which has exemplary on-site management. He doesn’t think owners could be encouraged or required to use on site services. He thinks a massing model will show the building is large for the site. Merv Lapin lives in the neighborhood. He felt that Vail architecture would be applied to Lionshead, he now thinks the opposite is happening. He thinks the modern architecture is out of place here. He asks how you guarantee live beds? He says the P E C has enormous power in regard to variances and encourages them to negotiate for what they want. He says Middle Creek is an important issue in this. He is concerned there is only 20 feet between buildings, as well as a building in the helicopter flightpath. Rediker asks for commissioner comment. Perez encourages the applicant to look at the language with respect to compliance. She references the fiscal goals in the master plan. She agrees that lock-offs don’t necessarily translate to occupied beds. She is concerned about the flat roofs and the size and mass of the project. She is concerned about the potential lack of amenities given the relative isolation of the site. Lipnick encourages the applicant to address fractional units and timeshare units if they will be part of it. How do you guarantee live beds? He would like to see numbers from other examples. He agrees with Perez regarding the amenities on site. June 21, 2022 - Page 142 of 189 Phillips appreciates the additional proposed green space. He wants to explore the possibility of sloping roofs and breaking up the massing. Regarding the beds, he has trouble cornering a developer for a product that would not work in the market. I n his experience, flat roofs are a challenge in Vail. J ensen addresses the live beds. He thinks a fully equipped unit may do better. He shares the concerns about how lock-offs will be used. He shares the concerns about the flat roofs, as well as the mass and scale of the building in relation to the site. Karen Perez moved to to continue to J une 27, 2022. Reid Phillips seconded the motion and it passed (5-0). Absent:(2)Gillette, Pratt 2.4.A request for review of a Conditional Use Permit, pursuant to Section 12- 7H-2 Permitted and Conditional Uses; Basement or Garden Level, and Section 12-7H-3; Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for dwelling units and attached accommodation units on the basement, garden level or first floor of the redevelopment of the Evergreen Lodge, located 250 South Frontage Road West/Lot 2W, Block 1, Vail Lionshead Filing 2, and Lot F-1, Vail Village Filing No. 2 and setting forth details in regard thereto. (P E C22-0007) Please see the combined staff memorandum, with attachments, included with P E C22-0006. Applicant:HC T Member, L L C represented by Mauriello Planning Group Planner:J onathan Spence Karen Perez moved to to continue to J une 27, 2022. Reid Phillips seconded the motion and it passed (5-0). Absent:(2)Gillette, Pratt 2.5.A request for the review a variance from Section 12-7H-10, Setbacks and Section 12-7H-14 Site Coverage, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, related to below grade improvements for the redevelopment of the Evergreen Lodge, located 250 South Frontage Road W est/Lot 2W , Block 1, Vail Lionshead Filing 2, and Lot F-1, Vail Village Filing No. 2 and setting forth details in regard thereto. (P E C22-0008) Please see the combined staff memorandum, with attachments, included with P E C22-0006. Applicant:HC T Member, L L C represented by Mauriello Planning Group Planner:J onathan Spence Karen Perez moved to to continue to J une 27, 2022. Reid Phillips seconded the motion and it passed (5-0). Absent:(2)Gillette, Pratt June 21, 2022 - Page 143 of 189 2.6.A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to locate a portion of the existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto. (P E C21-0059) Applicant:Four Seasons Resort, represented by Andrew Sellnau Planner:J onathan Spence Spence introduces the application and the history of the application. The proposed offsite unit locations were previously indeterminate, they are now within the limits of Vail as well as in Eagle Vail. J ensen asks if some of the rooms would be converted to A Us? Spence confirms. Andrew Sellnau represents the applicant and gives a presentation. He talks about the history of the property. He talks about existing employment and employee housing. He says the utilization of the dorm rooms has been well below capacity. They have worked best for employees on a short-term basis. Sellnau talks about the revised proposal, which would maintain 12 onsite dorm rooms as well as replacing the other 16 onsite deed-restricted dorms rooms with offsite deed restrictions in the Town of Vail and on EagleVail building. He talks about the additional proposed amendments to S D D No. 36. Rediker asks if the rental program is mandatory for condominium owners. Sellnau says is it not mandatory, but from a practical standpoint, rentals have not happened on AirBnB or V RB O. There are 28 condos in the building, 21 or 22 participate in the rental program. Lipnick asks about the unfunctional hotel rooms which would be converted to condominium rooms. Sellnau says they are contiguous, and unusual configurations have contributed to their difficulties. I f they were converted to condominium units it would address some of these configuration issues. Lipnick clarifies that it is an access issue versus views. Sellnau confirms. J ensen asks about the 16 deed-restricted dorm rooms and how those would be converted to hotel rooms. Sellnau details the square footage numbers of the conversion. J ensen asks about where the replacement dorms rooms/beds would be located. Sellnau talks about the calculations involved per town code. He addresses the EagleVail location in the VailDaily building. He summarizes that this is June 21, 2022 - Page 144 of 189 geared towards providing desirable housing for employees versus checking the box. He says the proposed solution addresses the previous concerns from Town Staff and officials. J ensen asks how long it will take to find the additional bedrooms in Vail. Sellnau says it may take some time as there are challenges in town. They are trying to come up with a program they can do as they go along. The new hotel rooms will not be instituted until off-site E HUs can be located. Perez addresses the last P E C meeting for this item. She feels the applicant is not addressing the issue that the dorm rooms are underutilized because they are not appealing or livable. Have you looked into reconfiguring the places you do have to be a leader for affordable housing in town? W hen this project was approved, it was clear that these units had to be in town. She is concerned the Vail Daily building is in a non-residential area. She asks about master leasing some of these units. Sellnau says they would be open to some master leases to address it. I n addition to the deed-restricted units, they are giving the applicants first right to rent the units. The Town of Vail would have next right to fill that vacancy. Perez asks how many units are currently available? Sellnau says none are currently available, as they become available, they would work towards filling them. I n regard to reconfiguring the existing units on site, there are common HOA areas which come into play. Reconfiguring those sites may also result in a reduction of units which they didn’t feel was advisable. Perez asks if they have located any of the Vail sites. Sellnau says not yet. Phillips understands they have inherited this issue. She understands the dorm rooms were $600 per bed, she thinks that was an aggressive price that led to their underutilization. Phillips asks about the original approval and references the requirements for offsite housing. Spence talks about the program for removing deed-restrictions, which is not applicable to this project as it is separate from inclusionary zoning or commercial linkage. Phillips says the point is how difficult it is to maintain employee housing in Vail. He is concerned about the P E C allowing the obligation outside of the town. He appreciates that the proposal is now closer to Vail but is concerned that half of the obligation is still unlocated. He says this is an obligation that relates to the original approval. Spence clarifies that the entire package is under review and staff has undertaken a significant review; Phillips appreciates the effort and bringing the out-of-town options closer. He would like to see employee parking on site. Sellnau says the scenario exists today, regarding the parking concerns. They are taking empty beds and moving them to where they will be used and June 21, 2022 - Page 145 of 189 occupied. He talks about trying to further the Town’s goals of deed- restrictions. Phillips says one of their competitors built an employee housing facility. I t’s important to keep employee housing as close as possible. Spence says the proposal is not above and beyond the requirement of the code. But it is above and beyond the current situation. Phillips agrees but says it is troublesome to remove it from the Vail core. He is concerned about transportation and parking. J ensen mentions converting the dorm rooms to some rooms that year -round employees could live in. He thinks the current rate works for some employees. Rediker asks for public comment. Spence says a letter of support was received this morning. Perez says the proposal is better than the previous but doesn’t think it goes far enough. She doesn’t think the applicants have exhausted all possible avenues in terms of reconfigurations. The proposal needs to go further. Lipnick supports this agenda item. Phillips appreciates the work that has been done. He feels he may be able to support in the future with additional conditions and work. J ensen commends the applicant for looking for solutions. He must respect the original approval, it is critical to maintain the affordable housing base in Vail, at this point he will not support. Rediker says there is a conflict between highest and best use regarding making money for the applicant and the required employee housing. There is an employee housing crisis in town, and this would be a step backwards. I t doesn’t comply with town plans or housing policies. The Vail Daily building is not stable housing as proposed; it is in a commercial zone next to the interstate. He is not convinced that deed-restrictions are the best way to guarantee employee housing as it does not address the affordability problem. I f the dorm-style housing doesn’t work, then convert it to on-site employee housing that is more desirable. The point is to have employees living and working in town full time, which the proposed application does not meet. Karen Perez moved to to deny. Bill J ensen seconded the motion and it passed (4-1). Ayes:(4)Rediker, J ensen, Perez, Phillips Nays:(1)Lipnick Absent:(2)Gillette, Pratt 3.Approval of Minutes 3.1.April 11th, 2022 P E C Results June 21, 2022 - Page 146 of 189 Reid Phillips moved to to approve. Bobby Lipnick seconded the motion and it (5-0). Absent:(2)Gillette, Pratt 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 June 21, 2022 - Page 147 of 189 Four Seasons Resort and Residences Vail Proposed Amendments to SDD No. 36, Series 2005, as previously amended by Ordinance No. 20, Series 2005 & Ordinance No. 21, Series of 2017 June 21, 2022 - Page 148 of 189 What We Heard •Vail leadership wants to create community •Sustainable housing solutions are important •Community constituents prioritize housingsolutionsaboveallelse(and your recentcommunitysurveyresultsprovethat) •Go back to PEC and find a way to YES toopportunitiesandrealhousingsolutions •Looking to Resolution No.30,Series 2018,wewereguidedbypolicycomments: •Housing Partners •Private Sector Importance •Break down barriers •People promote community •Extell goals: •We need help to fix a housing requirementandunittypethatisutilizedbyasmallsegmentofouremployeebase •We want to house our own at the same timewewanttobringmoreeconomicvaluetotheTownofVail Renovated Guestroom Unrenovated Guestroom June 21, 2022 - Page 149 of 189 A One -of-a-Kind Housing Requirement The SDD for the Four Seasons Resort was passed in 2001 and received additional amendments in 2003 and 2005.A condition included in the Resort’s approved SDD was that 28 employee housing units were to be provided onsite; said units were conceived and approved as dormitory style and double-occupancy in order to house 56 of the employees generated by the new development. To our knowledge,this form of employee housing was not used significantly before or after the Four Seasons SDD.Moreover,once the Town of Vail codified the employee housing components of the Town Code,the minimum standards permissible by Code were far in excess of the approved employee housing that was part of the Four Seasons SDD–for example,Section 12-13-4 requires new dormitory units to contain “200 sq.ft.minimum for each person occupying the EHU”. By comparison,our dorm rooms are approximately 166 sq.ft.for each person occupying. June 21, 2022 - Page 150 of 189 Our Employees & Our Existing Employee Housing •Today we have approximately 209 employees, which is comprised of: •130 Full-Time / Regular •33 Full-Time / Seasonal •15 Part-Time / Regular •31 On Call / Casual •Employee Housing provided to date is: •28 onsite dorm rooms designed for 56 employees •1 offsite 3-bedroom owned and deed restricted unit in the Town of Vail (3.5 employees, per Town Code) •1 offsite 2-bedroom deed restricted unit in the Town of Vail (2.25 employees, per Town Code) •The total number of employee housing mitigation we have provided is 61.75, which is ~30% of our total employee count. •Historically, occupancy of the on-site units is well below capacity and has been verified with rent deductions on historical paystubs: peak occupancy in 2019 was 37 tenants and 2018 was 32. Our capacity is 56 tenants. •While not at full occupancy year-round, we consistently saw occupancy of at least one employee in each double-occupancy dorm unit. June 21, 2022 - Page 151 of 189 Revised Proposal = Housing Solutions that Meet Community Goals •The 2022 Community Survey affirms the Town of Vail and the Vail Local Housing Authority are on the right track when it comes to housing solutions. •Extell has been working closely with the Town of Vail Community Development Department, Housing Department and the Vail Local Housing Authority with the goals to accommodate the employees who actually use the dorm rooms on-site and accommodate additional employees in off-site units; and to address seven underperforming hotel rooms with a conversion to four additional for-sale dwelling units. •Extell is very appreciative of staff and stakeholder time and input over the past year and a half. The recommendations for approval from Community Development, the Housing Department and the Vail Local Housing Authority, based on criteria outlined, and the associated conditions, can be complied with. June 21, 2022 - Page 152 of 189 Revised Proposal = Housing Solutions that Meet Community Goals •In seeking feedback to its application, Extell met with the Planning & Environmental Commission on March 14, 2022, the Vail Town Council on April 5, 2022, and PEC again on May 9, 2022. •While the application was denied 5-0 by the PEC in March, and the Town Council remanded the application back to PEC, the input received at both hearings, as well as from the Community Development and Housing departments, shaped the updated application. Despite all the work and staff’s recommendation of approval, with conditions that we agreed we can comply with, PEC did not respond favorably to the significant solutions proposed (including 7 deed restrictions in the Vail Daily building) and again denied the application 4-1. June 21, 2022 - Page 153 of 189 Amendments to SDD #36 (Part A) •Reconfiguring an administrative office into 2 additional hotel accommodation units (AUs); •Reclassifying seven existing and underperforming AUs into four dwelling units (DUs). Pending Town of Vail approvals, purchasers for the four new DUs have been identified and are prepared to close this summer. In addition, all four interested parties have expressed their commitment to include the DUs in the resort’s residential rental program with Four Seasons. These four units are expected to generate approximately $2.5 million of annual gross rental revenue, which will be subject to the Town’s sales and lodging tax. •As further detailed in our application, these changes would not result in any incremental parking requirements or employee generation. June 21, 2022 - Page 154 of 189 Amendments to SDD #36 (Part B) •Maintaining 12 onsite dorm rooms (24 beds) for J1s, H2Bs and temporary employees because we are confident this is the right number of dorm rooms that can continue to be utilized; •A system to replace the other 16 underutilized onsite deed-restricted employee dorm rooms (32 beds) with offsite deed restrictions located solely within the Town of Vail; •Removing the 16 onsite dorm rooms would be replaced with approximately 28 deed-restricted bedrooms within units that have adequate living, kitchen, bedroom and bathroom spaces; •Reconfiguring the 16 underutilized employee housing units into 11 hotel accommodation units (AU’s). The picture can't be displayed. June 21, 2022 - Page 155 of 189 We heard and have responded to the feedback that the mitigation region should focus within Town of Vail; and that Avon and Edwards are too far away. The owner of the Vail Daily building in EagleVail approached the ToV Housing Department asking if the Town would deed restrict its rental units. The Housing Department was supportive and saw a private partner opportunity and notified Extell. We proceeded to complete a contract with the Vail Daily building owner conditional upon Town Council approval of the SDD amendment. Following our latest PEC hearing, we concluded that ensuring that all deed restrictions were in the Town of Vail (and none in EagleVail) was the only way to respond to PEC’s concerns. Accordingly, our final proposal to Town Council is that any deed restriction we place will be located within the Town of Vail; we are abandoning our request to include the Vail Daily building as part of our proposal. June 21, 2022 - Page 156 of 189 An Upgrade in Quality of Housing June 21, 2022 - Page 157 of 189 Going Forward We collectively determined that the more modern provisions of the Commercial Linkage and Inclusionary Zoning provisions should apply to our deed restriction. While we initially explored the idea of updating the dorm units on site, there simply isn’t the square footage available to bring the rooms up to code and satisfy our requirement: the dorm rooms are mostly located on the western side of the building on the 3rd and 4th floors and sandwiched between third-party owned condos, the fixed and shared corridor to condos, fractional units and hotel rooms and other critical building infrastructure that cannot be moved. We have been working with the Housing Department and the Community Development Department since early 2021 to determine how we could create a housing program that satisfies our requirement and actually results in utilized beds. June 21, 2022 - Page 158 of 189 If Approved While there is simply no way for us to force people to rent the EHUs if they do not appeal to the renter, our average occupancy going back to 2016 gives us confidence that we will be able to maintain occupancy with the right number of temporary, H2B and J1 Visa seasonal employees rotating through. We are committed to increased and consistent dialogue between Extell and the Town of Vail that will allow for real-time visibility on dorm room pricing and utilization and any adjustments, as deemed necessary by all stakeholders. … Extell will have the right to convert up to 16 of the onsite dorm EHUs to accommodation units.Prior to issuance of a certificate of occupancy for the conversion of any of the existing dorm rooms, Extellshall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction corresponding to square footages per Table 23-2 for each employee. Each dormitory room repurposed equates to two employees for the purposes of mitigation. All employees required to be mitigated as a result of conversion of dorm room EHUs shall be mitigated by recording deed restrictions on properties located within the Town of Vail. June 21, 2022 - Page 159 of 189 Summary and Benefits •Reasons to say YES: 12 onsite dorm rooms remain; 28 employee bedrooms satisfied with off-site mitigation. The deed restricted square footage would be more than 2.1x the current area. •Our fundamental goal with this amendment is to correct the assumptions from 20 years ago in which the idea of employees living in double-occupancy dorm rooms onsite was ultimately much better received by the seasonal, younger, H2B employee only. •Economically, the underutilized dorm rooms are not benefitting the Town either as Community is not being facilitated by this antiquated requirement. •While the additional AUs from the converted empty dorm rooms will generate additional occupancy and sales tax for the Town of Vail, and sustainable, community-oriented solutions are proposed offsite and predominantly in Vail, if Town Council prefers to keep the current 28 dorm rooms on site as they are, we ask that Town Council pass Part A of our application for the four additional DUs that will generate additional transfer taxes, construction use tax and occupancy taxes. June 21, 2022 - Page 160 of 189 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. 11, S eries of 2022, Second Reading, an Ordinance Replacing Chapter 14 of Title 4 of the Vail Town Code to Update S hort-Term Rental Regulations and L icense Requirements P RE S E NT E R(S ): K athleen Halloran, Director of Finance and A lex J akubiec, Revenue Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Second Reading Ordinance No. 11, S eries 2022. B AC K G RO UND: B ased on feedback received during the short-term rental (S T R) study presented at Vail Town Council meetings the attached Ordinance No. 11, Series 2022 was drafted to address the evolving concerns of S T R regulation in Vail. The recommended updates to existing regulations include requirements for fire safety inspections, proof of adequate insurance, increased fees to cover Town administrative costs, a requirement to post the S T R license visible from the exterior of the property, and increases to the fines and penalties for violations. During the first reading, Council struck a provision for an additional per-bedroom fee to offset impacts to local housing. The code amendments in the Ordinance have an effective date of J anuary 1st, 2023 and current registrants would be required to comply with the new licensing requirements by the next renewal date in the licensing cycle - F ebruary 28th, 2023. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Second Reading Ordinance No. 11, Series 2022. AT TAC H ME N TS: Description 220621 Ordinance 11, Series 2022 220621 Ordinance 11, Series 2022 P P public input June 21, 2022 - Page 161 of 189   __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: June 21, 2022 SUBJECT: Ordinance No. 11, Series of 2022, an ordinance repealing and updating Ordinance No. 19, Series of 2018, providing for adjustments to regulations and fees for short-term rental properties within the Town of Vail. I. SUMMARY The first reading of Ordinance No. 11, Series 2022 was approved with amendments at the May 17, 2022 Council Meeting. During the second reading on June 6th Council tabled the item and requested staff to research alternative fee structures allowing STRs located in properties with 24-hour on-site management to be licensed at a lower fee than other STR units. In the discussion section of this memo staff has included three fee options for Council’s discussion. Additionally, Council asked staff to add a signage requirement to the ordinance. The attached ordinance has been amended to include a requirement that STR properties must post a copy of their STR license visible from the exterior of the unit. Listed on the STR license will be the contact information of the local representative as well as the Town’s STR complaint hotline. STRs located in a building with 24- hour on-site management would be exempt from this requirement. The discussion section of this memo contains the requested information, along with an overview of the other sections of the ordinance. II. BACKGROUND The ordinance was drafted in response to feedback received from the Town Council and community in response to a comprehensive study of STR activity in Vail during the January 17, February 15, March 15, April 5, and May 17, 2022 Vail Town Council meetings. The study was conducted by Economic Planning System Inc. and RRC Associates. III. DISCUSSION The study presented the challenges that come with managing STR activity while trying to address local housing availability. In the attached ordinance, several updates to the existing STR regulations are included as outlined below: June 21, 2022 - Page 162 of 189 Licensing Fee - REVISED The Town of Vail’s current license fees of $5 per on-site managed STR, $10 per professionally managed STR and $150 for all other STR registrations are well below town’s administrative costs to administer the STR program and enforce regulations which includes the following services:  Software dedicated to the enforcement of STR regulations and licensing  Staff time across the finance, fire, and code enforcement departments  Legal costs of enforcement  Monitoring of STR activity in Town Included in the first reading of the ordinance was a $150 fee per license for all STR units. At the direction of the Council, the basis of the $150 fee was intended only to cover the town’s administrative costs of the STR program, approximately $375,000 annually. At the June 6th meeting Council expressed support for a lower fee for STRs located in buildings with 24-hour on-site management but also supported covering administrative costs incurred by the Town. Staff has included three fee structure options for Council’s consideration in the chart below. Options 1 and 2 will cover the town’s administrative costs. Option 3 will only generate approximately 50% of the total cost of the STR program. The remainder would be subsidized by other General Fund revenues. Option 1 Option 2 Option 3 On-site building management $150 $50 $5 All other STR units $150 $260 $150 Annual estimated revenue $375,000 $375,000 $190,000 All three fee options remain low compared to Vail’s peer communities. Attachment A of this memo includes a summary of current STR fees of other peer communities. Signage Per the request of the Council, Ordinance 11 has been amended to include a requirement that each licensed STR post a copy of their license on the exterior of their STR unit. The license will include the following information, in a large font, to assist neighbors and occupants in identifying and contacting the appropriate STR property representative:  Property Representative Name and Phone Number  Town of Vail License Number  Property Address  Town of Vail STR Complaint Hotline Number  Additional Town of Vail STR Website and Contact Information Under this requirement, only complaints directed to the Town of Vail complaint hotline can be enforced upon by Town staff. Current requirements that STR representatives must resolve complaints within 30 or 60 minutes are enacted once the complainant has called the hotline and the hotline has contacted or attempted to contact the STR representative. June 21, 2022 - Page 163 of 189 As drafted in the ordinance, staff is recommending that STRs located in buildings with 24-hour on-site management not be required to post the license on the exterior of the STR. Failure to post the license on the exterior of the STR would constitute a first level violation of the STR ordinance, punishable by a $1,500 fine. [The following sections are repeated from the previous memo] Require Proof of Adequate Insurance for Short-Term Rental Activity As identified by the Rocky Mountain Insurance Information Institute and Insurance Information Institute, standard homeowner’s insurance policies are generally inadequate on their own to cover claims due to STR activity. In fact, of the more than 15 insurers contacted by staff during the drafting of this ordinance, no agency covers STR activity in a standard homeowner’s policy without limitations or requiring some notice from the homeowner of the activity. Many insurers require an additional endorsement to a homeowner’s policy for the activity, some will not cover the activity at all, and yet others require an entirely different class of policy to cover claims arising from STR activity. Staff recommends requiring proof of adequate insurance as a condition of licensure to not only mitigate impacts to STR owners but also to protect neighboring property owners who may incur claims due to the STR activity they are not engaged in nor required to consent to. Staff recommends requiring proof of a minimum $1.0M coverage for STR activities to mitigate potential risks. This, however, may not be adequate for most STR properties in Town. As was identified in the STR study, the median sale price for an STR property in 2021 was $1.8M and only slightly lower for condominium STRs ($1.75M) and townhomes ($1.6M). Duplexes and single-family homes both averaged higher. While insurance should be adequate to cover the worst-case scenarios and claims, it may be challenging to obtain policies above $1.0M through traditional homeowner’s policy providers. Staff recommends a $1.0M minimum to provide a baseline throughout the community but would recommend individual owners assess their own needs above and beyond this amount. In contacting insurance providers, staff found this type of coverage can be obtained for an additional annual cost ranging from $500 - $4,000, depending on the property and provider. There is a wide array of insurance coverages on the market that would comply with the requirements, and in some cases, it may be more economical for an STR owner to obtain a policy separate from their homeowner’s insurance. Fire Department Inspections Town staff recommends requiring a periodic inspection of all short-term rental units not located in buildings with on-site, 24/7 management. Staff recommends requiring proof of inspection every three years as a condition of renewal of the STR license and verification of the fire and life-safety affidavit in intervening years. In order to stagger inspections of existing STR licensees, staff recommends an effective date of January 1st, 2026 for this requirement. Staff June 21, 2022 - Page 164 of 189 estimates approximately half of all current STR licenses would require an inspection and recommends requiring the following items in the proposed fire safety inspection: 1. Fire extinguishers 2. Adequacy of egress (exits) 3. Egress plan is posted 4. Carbon monoxide detectors 5. Smoke alarms 6. Occupant load 7. Improvised electrical conditions and use of extension cords 8. Use of portable heating appliances 9. Outdoor heating appliances 10. Physical address including unit # is provided in a conspicuous manner These items are already required by the existing STR regulations, for which the property owner or manager must sign a notarized affidavit to confirm compliance. Due to an increasing number of instances of non-compliance with these requirements, the Fire Department is recommending mandatory inspections. Some examples of recent incidences include:  A fire caused by mechanical issues in a professionally managed, multi-family STR unit, where smoke detectors were nonfunctioning and inadequately placed. Additionally, no fire extinguishers were found in the unit. Fire extinguishers are required to be placed on every level of the living area, in the garage, and within thirty feet of the kitchen in every STR.  Incorrect disposal of cigarettes in a multi-family STR unit caused a fire. As reported by neighbors, none of the unit’s smoke alarms activated and the fire was only reported when a neighbor entered the unit.  Burning logs were removed by STR guests from a fireplace upon leaving and left on a deck. Transition to STR Licenses To increase requirements for obtaining the right to short-term rent a residential property in the Town of Vail, it is also recommended that the Town transition from an STR registration to an STR license requirement. A license is a legal document that gives official permission to engage in the act of short-term property rental. The existing requirement of a registration does not grant official permission, it is merely signing up or registering the STR property with the Town. Changing the requirement will allow for:  Enhanced enforcement of STR regulations  Enhanced enforcement of STR penalties  Greater staff oversight of STR activity in the Town  Ability to require additional proposed STR Fire Safety Inspections and Insurance requirements June 21, 2022 - Page 165 of 189 Increased Penalties and Fines During the STR study presentation, Council expressed concern over STR properties impacting neighborhood character and community standards. It was questioned whether our current STR enforcement structure is adequate to mitigate these problems. Currently, the town’s STR violation structure has four levels, with the fourth being a revocation of the STR registration for two years. Staff recommends changing this policy by reducing the maximum number of violations from four to three, increasing the fine amounts for each level, and increasing the revocation period from two to three years. Additionally, staff suggests imposing a significant fine of $2,670, the maximum allowed penalty under code, for any STR found operating without a valid license. The purpose of this would be to dissuade non-compliance from unlicensed units. The second reading of Ordinance 11, Series of 2022 updated this section to carry-over violations which occur before the effective date of February 28th, 2023. Below is a summary of the recommended violation and fine structure (unchanged from first reading): IV. ACTION REQUESTED OF COUNCIL   Approve, deny, or approve with amendments, the second reading of Ordinance 11, Series of 2022. First Violation $1,500 Second Violation $2,650 Third Violation License Revoked for 3 Years Fourth Violation N/A $2,650 Suggested Fines Vs. Existing Fines Follows four-step fine structure $500 $1,500 $2,500 License Revoked for 2 Years Fine for operating without an approved STR license, each day is a separate violation June 21, 2022 - Page 166 of 189 ORDINANCE NO. 11 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4-14 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTALS, AND ESTABLISHING A LICENSING PROGRAM FOR SHORT-TERM RENTALS WHEREAS, without regulation by the Town, nuisances created by short-term rentals, such as noise, parking issues and over-occupancy, would negatively impact neighborhoods in the Town; and WHEREAS, the Town wishes to ensure the safety of guests staying in short-term rentals by ensuring that they meet minimal life-safety requirements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 14 SHORT-TERM RENTALS 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish a comprehensive licensing program to safeguard the public health, safety, and welfare by regulating and controlling the use, occupancy, location, and maintenance of short-term rentals in the Town. B. This Chapter shall apply to short-term rentals only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to short-term rentals. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: Any agreement, whether verbal or written, by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. PRINCIPAL PLACE OF RESIDENCE: The home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence therefrom. In determining what is a principal place of residence, the Town shall consider the criteria set forth in C.R.S. § 31- 10-201(3), as amended. June 21, 2022 - Page 167 of 189 PROPERTY MANAGEMENT FIRM: An entity comprised of one or more professional property managers with all required licenses in good standing, or a group of one or more employees of a lodge or fractional fee club (as those terms are defined in Section 12-2-2 of this Code) who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club, which entity or group is designated by the STR owner to act as the STR owner's agent regarding the STR. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a property management firm. SHORT-TERM RENTAL (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. 4-14-3: LICENSE REQUIRED: A. General. A current, valid license is required for each STR in the Town. Each STR license is non-transferable. B. Application. For new licenses and renewals, the STR owner or property management firm shall file an application with the Finance Director or designee, on forms supplied by the Town, accompanied by the following: 1. An administrative fee of $260, unless the STR is located in a building with on-site management services available at all times, and then the administrative fee shall be $50; 2. An affidavit, signed by the owner or the property management firm, under penalty of perjury, certifying that the STR is in habitable condition and complies with the health and safety standards set forth in this Chapter; and 3. If the STR is located within a duplex, a copy of a written notice sent by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit, by first-class mail at least seven (7) days prior to submission of the application. B. Local Representative. Each application shall include the appointment of a natural person who shall remain within a sixty (60) minute distance of the STR and is available twenty four (24) hours per day, seven (7) days per week, to serve as the local representative for the STR. At least five (5) days prior to any change in such appointment, the STR owner or property management firm shall notify the Town of such change, including new contact information. For an STR located in a building with onsite management services available at all times, if the STR owner uses such services, no local representative appointment shall be required. C. Expiration; Renewal. Each STR license shall expire on February 28 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first; each change in ownership of a STR shall require a new license. June 21, 2022 - Page 168 of 189 D. Timing. An initial license application shall be filed at least thirty (30) days prior to any advertising of an STR. A renewal application shall be filed by January 31 of the year in which the license expires. E. Revocation. In addition to any other penalties allowed by this Chapter, the Town may revoke any STR license if the Town finds and determines that any violation of this Chapter exists at the STR; provided that the Town provides the licensee with at least fourteen (14) days' prior written notice and an opportunity to be heard prior to revocation. The notice shall include a description of the violation and the date and time when the STR owner may appear and be heard, and the notice shall be either personally served on the STR owner or mailed by first-class United States Mail to the last-known address of the STR owner or property management firm. 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property liability insurance; commercial liability insurance; or an endorsement to a homeowner’s policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 4-14-5: HEALTH AND SAFETY STANDARDS; INSPECTIONS: A. Standards: Each STR shall comply with all of the following standards, at a minimum, at all times while the STR is occupied: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected and shall be kept in sound condition and in good repair. 3. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy. 4. There shall be a sufficient number of trash receptacles to accommodate all trash generated by the occupants, and all receptacles shall comply with Title 5, Chapter 9 of this Code. 5. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 6. The use of portable outdoor fireplaces is prohibited. 7. Electrical panels shall be clearly labeled. June 21, 2022 - Page 169 of 189 8. All pets shall be subject to Title 6, Chapter 4 of this Code. 9. All items listed in subsection B.2. hereof shall comply with the current Vail Fire Code. 10. Parking for each STR shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 11. A sign, in a form approved by Town, shall be conspicuously posted inside each STR with the STR license number, the local representative's current contact information, and the physical address of the STR, including unit number if applicable. 12. A second sign, in a form approved by the Town, shall be posted in a location so as to be visible from the exterior of the STR by passersby, stating that the property contains an STR and providing the local representative's current contact information and the Town's hotline for complaints. The second sign shall not be required if the STR is located in a building with on-site management services available at all times. B. Inspections: 1. When required: a. Each STR, other than those located in buildings with on-site management services available at all times, shall obtain a fire and life safety inspection as a condition of license issuance and every three (3) years thereafter. Requests for inspections shall be made to Vail Fire and Emergency Services at least sixty (60) days prior to the date of the initial license application and at least sixty (60) days prior to the end of each subsequent three (3) year period. b. Notwithstanding the foregoing, each STR that was validly registered with the Town on the date of the ordinance codified in this Section, and is not located in a building with on-site management services available at all times, is eligible for an STR license without an initial inspection, provided that the STR is inspected prior to January 1, 2026 and every three (3) years thereafter. Requests for initial inspections shall be made to Vail Fire and Emergency Services on or before July 1, 2025, and requests for later inspections shall be made at least sixty (60) days prior to the end of each subsequent three (3) year period. 2. Items Inspected: The following will be inspected by Vail Fire and Emergency Services for compliance with the current Vail Fire Code: a. Fire extinguishers; b. Adequacy of egress; c. Posted egress plan; d. Carbon monoxide detectors; June 21, 2022 - Page 170 of 189 e. Smoke alarms; f. Occupant load; g. Improvised electrical conditions and use of extension cords; h. Use of portable heating appliances and outdoor heating appliances; and i. Conspicuous posting of the physical address of the STR. 3. Re-inspection: If an inspection reveals that an STR is not in compliance with this Chapter, a re-inspection shall be required. Re- inspections must be scheduled in advance and may take up to sixty (60) days to complete. 4-14-6: ADVERTISING: Advertising for an STR shall include the STR license number immediately following the description of the STR. 4-14-7: TAXES: All applicable Town Sales and Lodging Taxes for STRs shall be timely collected and remitted. 4-14-8: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local representative. The local representative shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. and 7:00 a.m., including visiting the site if necessary. 4-14-9: VIOLATION AND PENALTY: A. Violation: It is unlawful to violate any provision of this Chapter. Each day of violation shall be deemed a separate offense. B. Liability: Each STR owner shall be liable for any and all violations occurring at the STR. A property management firm shall be jointly and severally liable for any and all violations occurring at any of its professionally managed STRs in the Town. C. Civil Enforcement: 1. If the Town chooses civil enforcement, a citation may be served by posting on the front door of the STR, or by personal service on the STR owner or professional management firm, or by mailing first-class U.S. Mail to the last known address of the STR owner or property management firm. 2. Civil violations shall be subject to the following fines and penalties, per STR: First violation in any twelve (12) month period: $1,500 June 21, 2022 - Page 171 of 189 Second violation in any twelve (12) month period: $2,650 3. All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the STR owner disputes the violation, the STR shall file a written protest with the Town within fourteen (14) days of the date of the citation. 4. If the STR protests the citation, the Town shall cancel the citation and proceed to criminal enforcement. 5. If the penalty is not timely paid and no protest is timely filed, the Town may summarily suspend the STR license until the penalty is fully paid. Written notice of such suspension shall be provided to the last-known address of the STR owner, or to the local representative or property management firm. D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. E. Suspension: Regardless of the type of enforcement, the third violation in any twelve (12) month period for a single STR, regardless of ownership of the STR, shall result in a three (3) year suspension, commending on the date of the last violation, during which no license shall be granted for such STR. F. Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of any property in violation of this Chapter. G. Prior Violations: Any violations of the prior version of this Chapter shall count toward the number of violations for the particular property. 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any June 21, 2022 - Page 172 of 189 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 7. 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. Section 8. Effective Date. This ordinance shall take effect as provided by the Vail Town Charter, but the code amendments set forth in this ordinance shall take effect on January 1, 2023, and all registered short-term rentals in the Town shall comply with the new Chapter 4-14 by February 28, 2023. June 21, 2022 - Page 173 of 189 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7th day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of June, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk    June 21, 2022 - Page 174 of 189 SECOND READING SHORT-TERM RENTAL ORDINANCE 11, SERIES OF 2022June 21, 2022 - Page 175 of 189 Town of Vail | Finance | 6/21/2022 SHORT-TERM RENTAL ORDINANCE ITEMSIncreased Violation Penalties Fire Department InspectionsProof of Insurance Covering STR Activity or Equivalent Coverage? License Fees? Posting License on Exterior of UnitJune 21, 2022 - Page 176 of 189 Town of Vail | Finance | 6/21/2022 STR LICENSE FEESLicense fee options 1 and 2 are structured to cover administrative costs incurred to the Town via the STR program. Option 3 would cover approximately 50% of these costs. Option 1 Option 2 Option 3On-site building management $150 $50 $5All other STR units $150 $260 $150Annual estimated revenue $375,000 $375,000 $190,000June 21, 2022 - Page 177 of 189 Town of Vail | Finance | 6/21/2022 TOWN OF VAIL STR SIGNAGE/LICENSE POSTINGJune 21, 2022 - Page 178 of 189 Town of Vail | Finance | 6/21/2022 Changes since June 7thCouncil Meeting:•Updated to a two-tier license fee structure, which fee option would Council like to approve?•Exterior posting of STR license requiredDoes Council approve or approve with amendments the second reading of Ordinance 11, Series of 2022? CONCLUSIONJune 21, 2022 - Page 179 of 189 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Citizen Input regarding Short Term Rentals Date:Friday, June 17, 2022 8:31:18 AM Attachments:image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Barbara Keller <outlook_385CE9441EECBD7F@outlook.com> Sent: Thursday, June 16, 2022 6:59 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>; Tammy Nagel <TNagel@vailgov.com> Subject: Citizen Input regarding Short Term Rentals Greetings Mayor Kim Langmaid and Town Council Members RE: Short Term Rentals (STR) Date: June 16, 2022 As a full-time resident of a Town House Association, with ‘no front desk, ’I, and other owners, are frequently put in the unpleasant position of ‘policing STR guests. An on-going parade of errors occur with the revolving door of strangers: Location of unit, parking, pets, trash, recycle, noise, etc. Reviewing the consultant report, I was shocked to learn a third of Vail residences have a STR license. I cannot begin to believe this does not negatively impact the availability of employee housing. And there did not appear to be an analysis of the quality of the local residents living experience. There is no doubt that being surrounded by STR properties in our association negatively impacts the quality of our community. June 21, 2022 - Page 180 of 189 I ask the Council to consider: 1. Put a CAP on percentage of STR licenses, issued either by zone and/or association a. We had 8 of 35 units (23%) doing STR and it was a nightmare. Owners are not present to see or address the problems. Sure, they say, “call us,” but who observes, documents, and follows up on the problems? Now with 6 of 35 units (17%), there is a noticeable improvement, but that could change without percentage restrictions in place. b. Numerous surrounding communities have imposed restrictions and/or moratoriums. Just to note a few: Breckenridge, Leadville, Glenwood Springs, Aspen, Crested Butte, Ouray, Salida. 2. Require STR to be categorized and licensed as commercial rather than residential rental property. 3. Consider different regulations for housing complexes that are set up for STR, such as Racket Club which has a ‘front desk’ and 24/7 support to address problems, VERSUS, an association such as ours with no ‘front desk’. a. Could Licensure fees be different? b. Could Percentage of STR licenses be different? c. Can specific zoning requirements be imposed? 4. Require residents to own their property for a minimum of two (2) years before they can obtain a STR license a. Current Minturn policy b. Prevents property purchases solely for the purpose of STR financial gain which negatively impacts the character and well-being of the community 5. Support a 20 - 30% per bedroom mitigation fee a. This appeared to be a viable option as financial gain is realized by STR owners. Additionally, this would financially support employee/deed restricted housing. b. I was alarmed to hear the Council bent to the desires of Property Managers, Real Estate Agents, and STR owners, those who personally benefit financially, and pulled this strategy. c. I know several STR owners question if they would continue STR if this were done, which might impact availability of LTR housing and thus workforce housing. Other questions arise when hearing STR comments: 1. STR guests bring revenues to Vail community, which is true. What is the occupancy rate of our hotels/lodges? If there is lodging capacity, would not Vail still gain those revenues? 2. Housing is listed as top priority for Vail, and I applaud the efforts of the Council to explore options for affordable housing. But I have some questions: a. Do all current residents staying in employee/deed restricted housing, continue to meet the criteria for living there? b. How many Long-Term Rental (LTR) units have been converted to STR, thus impacting workforce housing? c. Why does workforce* housing need to be in Vail, as opposed to exploring options down valley which is much more conducive to affordable living. (*Local housing is essential for medical and emergency providers) Thanks for considering my comments. I realize you have more detailed information on these issues. Bottomline, I do not want to see Vail negatively affected by the personal financial gain of investors. Our Town House Association embraces our commitment as a residential community and does not June 21, 2022 - Page 181 of 189 want to become a commercial enterprise. The STR issue is a concern and affects many Vail citizens. It is sad to hear the Council has not been receiving this feedback. Thank you so much for your service to our community. Best Regards, Barbara Keller 2875 Manns Ranch Road, Unit G1 Vail, CO 81657 B27Keller@aol.com Sent from Mail for Windows June 21, 2022 - Page 182 of 189 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Letter to Council Regarding Short Term Rentals Date:Friday, June 17, 2022 3:01:12 PM Attachments:image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: pamelas <pamelas@vail.net> Sent: Friday, June 17, 2022 1:56 PM To: Council Dist List <TownCouncil@vailgov.com> Cc: Tammy Nagel <TNagel@vailgov.com> Subject: Letter to Council Regarding Short Term Rentals June 16, 2022 RE: Short Term Rentals Dear Mayor Langmaid, Vail Town Council: I am writing about Short Term Rentals (STR) and the impacts they have on the community. I previously sent a letter to Council on this topic as I knew I would be out of state when it was on the Council Agenda. Regretfully I will not be able to participate or zoom in to the upcoming Council meeting as the issues of housing and STR are both on the Agenda and I see them as inter-related. For the previous meeting, it was fully expected that a letter could have an impact on Council’s June 21, 2022 - Page 183 of 189 decision but my concerns appear to have fallen by the wayside or been overpowered by what I understand was a room packed by Property Managers, Real Estate Agents and supporters of STR, all of whom profit from the STR market. Some of my concerns follow. There should be a clear distinction between STR in properties with a 24/7 front desk and those without. Oversight and security are severely impacted without a 24/7 front desk operation. The consultant’s study indicated that there wasn’t significant impact of STRs. I contend that in coming to that conclusion, the consultants do not live in, or visit our neighborhoods. We ARE affected by STR! -Owners of STR are not here and do not have to deal with the STR created problems when a 24/7 front desk is not available such as: -People not being able to locate their units -Dogs on premises although restricted -Trash & recycle issues -Noise -Parking -Trash dumping in public areas -STRs often don’t respect residents and their life & property -Privacy -Security -Owners of STR collect the revenue but often make little effort to mitigate problems Recognizing that the Ordinance has been introduced and changes may not be possible, I hope Council and the community are prepared to revisit the issue as the Ordinance is imperfect and painfully flawed in some areas. I support the new violation and fine structure; it is a step in the right direction. But the license fee remaining at $150 is baffling; some months ago the TOV Finance Department indicated that the fee does not cover the expenses for computers/software and monitoring the program. Towns and cities across the state are charging STR fees of several hundred dollars per year to support their programs. The license fee should cover ALL costs of the program. We should not expect fines for violations to support the program as increased fines should deter violations, not be expected to cover costs to run the program. License fees in every community I have looked at are significantly higher than Vail’s $150 fee. Those who are doing STR profit greatly; one single rental far exceeds the license fee as nightly rents of $300 to $2,500 are not uncommon; a $150 fee, that doesn’t cover program costs is an insignificant amount. Regarding inspections; 3 years between inspections is very generous, a lot can happen in 36 months. I would prefer to see re-inspection minimum every 2 years, for safety and security of renters and surrounding units. And are STR units charged for the inspections? They surely should be charged June 21, 2022 - Page 184 of 189 for that service. I was unable to locate that information. Workforce housing continues to be a big issue in Vail. There is no doubt that STR have taken units away from those available on a seasonal or year-round basis for workers; we have seen it first-hand in the complex where I live. If the TOV seriously wants to increase workforce housing inventory, restricting STR should be included in the solutions. Further, new investors in units should be required to own the unit minimum 3 years before being allowed to rent short term. This measure would help preserve our communities and offer more housing opportunities to workers. Finally, we know that the Vail economy is driven by visitors. There is no shortage of rentals for visitors. Hotel and condominium occupancies rarely reach 90% and are more likely averaging below 60%. At the same time, hotels and many condominiums are classified as commercial property and taxed accordingly. It would more equitable if all STR are designated as commercial property. I apologize for a long letter - the message likely would have exceeded the 3 minute limit in a Council meeting were I able to participate in person. Thank you for considering my concerns and thank you for your time and effort serving on Town Council. Regards, Pam Stenmark Vail full time, year-round resident. Pamela Stenmark pamelas@vail.net (c) 970-376-1124 June 21, 2022 - Page 185 of 189 From:Tammy Nagel To:Stephanie Bibbens Subject:Fwd: Considers STR 45 day exemption Date:Saturday, June 18, 2022 5:23:20 PM Get Outlook for iOS From: Susie Tjossem <stjossem@gmail.com> Sent: Saturday, June 18, 2022 10:49:25 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Considers STR 45 day exemption Council Members, During your deliberations on STR regulations have you considered the communities young homeowners who are trying to make ends meet by renting their home-condo-bedroom out a few times each year? The STR income earned by renting their unit less than 45 days per year may make a difference in affording homeownership, property taxes and home upgrades. Vail is expensive. Making STR regulations more restrictive to those renting out their property less than 45 days per year is hurting young homeowners and long term renters it is not solving the employee housing shortage. An owner who is renting out their unit for less than 45 days is not an investor who has purchased property for the sole purpose of short term rentals, instead it is someone trying to make ends meet. Please consider a 45 day exemption for costly and time consuming STR regulations and fees. Susie Tjossem Former Town Council member 1630 Buffehr Creek Road Vail June 21, 2022 - Page 186 of 189 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Short Term Rental Vote & E-Bike Parking Date:Tuesday, June 21, 2022 2:44:49 PM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Samantha Biszantz <sbiszantz@gmail.com> Sent: Tuesday, June 21, 2022 2:41 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Short Term Rental Vote & E-Bike Parking Good afternoon Council, Cannot make the meeting tonight as I will be at work for a busy first Hot Summer Night concert night! Woo! Quickly writing to say that I think the vote tonight is relatively lame in its attempt to battle the short term rental issue. The most aggressive part of it is a complaint system which I find hard to believe will be used except for by the same few squeaky wheels. Meanwhile, the complaints from the guests in STRs about what goes on around them has severely impacted my businesses for the past 7 years. There is an owner in the Wall Street Building who has a few STRs and consistently calls us and the police when we play music late in fear that he will get bad reviews on his listings. We usually cede to be a good neighbor but should we? Our town culture is at stake in order to prevent bad reviews so Gene from Denver can make a buck? What about protecting the businesses who pay sales tax, business license fees, employ young people and give them hope to build a life here and create vibrancy in a village that is slowly withering away in regards to fun? What if we could fine him every time he calls the police when we are below max decibel levels? ;) If complaints are what we are after, let’s be fair and look at it from both sides. I hope to believe there is legislation that exists that doesn’t put a complaint culture at the top of the pecking order and rather takes an open minded look at how STRs effect our neighborhoods both good and bad. I am grateful for a move in some direction that covers the town’s costs but hope more original and effective ideas are coming in the future. Some I have include very high initiation fees for those considering transition to a STR, much higher fees for those who do not have front desks ie AirBnBs, lack of rental fees if they sit empty, and I will pass on any more that I come across! Lastly, I love the new e-bike program! Paid full season subscriber over here. However, I am wondering if we could move the Village and Lionshead parking to places not in such heavy traffic or on frontage rd. Pulling in and out of village structure with buses and taxis and top deck traffic etc is chaos. Ideas include the little park across from first June 21, 2022 - Page 187 of 189 bank on corner of Four Seasons, by bike washing station in Lionshead, Golden Peak, Pirate ship park, i.e. keep on bike path as much as possible. Thank you for listening as always, Sam Sent from my iPhone Samantha Biszantz 858-349-5024 June 21, 2022 - Page 188 of 189 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 8:40 pm (estimate) June 21, 2022 - Page 189 of 189