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
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P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
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.
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
2AgendaOverall Vail Pass Project BackgroundStatus of Funded Project Stakeholder Outreach Process: I-70 Context Sensitive Solutions2022 Project Construction and Traffic ImpactsPublic 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 180-190Add a third lane EB & WBCurve geometry improvementsImprove truck ramps, truck parking, and chain stationsTrail improvements where impactedWildlife crossing improvementsSediment collection improvementsHighway 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 laneMP 186 and 188 curve reconstructionMP 185.3 EB and WB bridge replacement (WB added in Sept. 2021)MP 182 Truck ramp reconstructionSix wildlife underpasses and fencingMP 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 workMobility–Improved ability to travel along the I-70 Mountain Corridor safely and efficiently in a reasonable amount of timeOperations–Reduction in full and partial closure frequency and durationFreight–More reliable and consistent travel timesMulti-modal–Improvements to the recreation path with better roadway separationWildlife–Improved wildlife connectivity and safetyWater 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 RampWB Remote Closure SystemBike Path RelocationLarge Cut Wall on WB I-70 at MP 187F-12-AT WB Bridge SubstructureJune 21, 2022 - Page 42 of 189
2022 Construction Traffic ImpactsTrail Construction began May 16thTemporary Detour Section in placeConstruction of New Trail (June – November)Single lane closures of I-70 at non-peak times Full Closures of I-70 Traffic for BlastingWe expect 10-20 blasting events in 2022When 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 InformationInteractive Project MapVirtual Open House Videohttps://www.codot.gov/projects/i70westvailauxiliarylanesJune 21, 2022 - Page 44 of 189
Public InformationWeekly email updates, hotline message and lane closures posted to COtripOngoing media relations activitiesMeetings with key stakeholdersSocial media postsDistribution of fact sheets and flyersWebsite updatesTrail 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 SYSTEMVehiclesTransitBicycle/PedestrianParkingSpecial EventsMultimodal SystemI-70NoiseSafetyEvolving technologyTraffic calmingLoading/deliverySpecial 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.
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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.
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• 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
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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
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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
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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:
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“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
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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
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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
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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
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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:
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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.
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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.
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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.
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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.
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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
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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.
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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:
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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:
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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
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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
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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.
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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.
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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.
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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.
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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
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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.”
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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 ITEMSIncreased Violation Penalties Fire Department InspectionsProof 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 FEESLicense 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