HomeMy WebLinkAbout2022-12-20 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.)
1.1 Citizen Participation
2.Any action as a result of executive session
3.Recognitions (5 min.)
3.1 Mauri Nottingham Excellence in Environmental
Sustainability Scholarship Awards
The scholarship program is intended to provide recognition
and financial support to qualified local residents and students
interested in pursuing education and careers in the field of
environmental sustainability. This award honors the
contributions of Mauri Nottingham to the Vail Community.
Lauren Merck, Dean Mosher, and Catherine Moloney are the
recipients this year.
4.Consent Agenda (5 min.)
4.1 November 1, 2022 TC Meeting Minutes
4.2 November 15, 2022 TC Meeting Minutes
4.3 Resolution No. 60, Series of 2022, A Resolution Approving
the Purchase of Residential Property
Approve Resolution No. 60, Series of 2022 authorizing the
Town Manager to enter into an agreement, in a form approved
by the Town Attorney, the purchase of North Trails
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and Virtually via Zoom.
Zoom Link: https://us02web.zoom.us/webinar/register/WN_Hx3hbKykRTy27plEbwZCpw
6:00 PM, December 20, 2022
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council 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 concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Citizen Participation.pdf
Mauri Nottingham Scholarship Memo 122022.pdf
11012022 TC minutes.pdf
11152022 TC minutes.pdf
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Townhomes, Unit D, 2477 Garmisch, Vail, Colorado in the
amount of, and not to exceed, $306,277.00, plus closing costs.
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. Availability of adequate
housing remains a primary barrier to acceptance of
employment offers for the Town of Vail.
4.4 Resolution No. 61, Series of 2022, A Resolution
Authorizing the Purchase of Residential Property
Approve Resolution No. 61, Series of 2022 authorizing the
Town Manager to enter into an agreement, in a form approved
by the Town Attorney, the purchase of Homestake at Vail
Condominium, Unit B103, 1081 Vail View Drive, Vail, Colorado
in the amount of, and not to exceed, $465,000.00, plus closing
costs.
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. Availability of adequate
housing remains a primary barrier to acceptance of
employment offers for the Town of Vail.
5.Town Manager Report (10 min.)
5.1 Council Matters and Status Report
5.2 Parking Update
5.3 Council Strategic Planning Session Update
6.Action Items
6.1 Resolution No. 62, Series of 2022, A Resolution of the Vail
Town Council Approving an amendment to the Vail Land
Use Plan Map
15 min.
Approve, approve with amendments or deny Resolution No.
62, Series of 2022
Resolution No. 60 Series of 2022.pdf
2477 Garmisch Drive Unit D Contract to Buy and Sell Real Estate 12092022.pdf
Resolution No. 61 Series of 2022.pdf
Contract to Buy and Sell Purchase of 1081 Vail View Dr #B103.pdf
221220 Matters.pdf
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Presenter(s): Greg Roy, Senior Planner
Background: The applicant, Town of Vail, represented by
Community Development Director Matt Gennett, is requesting
approval of Resolution No. 62, Series of 2022, a resolution
amending the Vail Land Use Plan map amendment, pursuant
to Section 8-3, Amendment Process, Vail Land Use Plan, to
change the designation of portions of Tract A Middle Creek
Subdivision from Open Space to Public/Semi-Public and High
Density Residential.
Staff Recommendation: The Planning and Environmental
Commission held a public hearing on the proposed Land Use
Plan Map Amendment on December 12, 2022 where a
recommendation for approval was forwarded to the Vail Town
Council by a vote of 4-2-0 (Pratt and Perez opposed).
6.2 Ordinance No. 25, Series of 2022, First Reading, An
Ordinance Rezoning Lot 5 of the Middle Creek
Subdivision, a Resubdivision of Tract A, from Natural Area
Preservation (NAP) to Housing (H); Lot 4 of the Middle
Creek Subdivision, a Resubdivision of Tract A, from
Natural Area Preservation (NAO) to General Use (GU), and
the Remainder of Tract A, Middle Creek Subdivision, a
Resubdivision of Tract A, From General Use (GU) to
Natural Area Preservation (NAP)
20 min.
Approve, approve with amendments, or deny Ordinance No.
25, Series of 2022 upon first reading.
Presenter(s): Greg Roy, Senior Planner
Background: The subject property was annexed into the Town
of Vail in 1968 with Ordinance No. 8, Series of 1969.
Ordinance No. 19, Series of 1995 zoned the portions of Tract
A from Agricultural Open Space to the General Use and
Natural Area Preservation districts. This rezoning was part of a
larger rezoning that occurred after the passage of the 1994
Open Lands Plan adoption. In 2002, the property was
subdivided to create Lots 1 and 2 to facilitate the development
of Middle Creek Housing and to create the site for the telecom
tower. In 2020, a subdivision application was approved by the
PEC to create Lot 3 as the site for the Residences at Main Vail
project.
Staff Recommendation: The Planning and Environmental
Commission held a public hearing on the proposed Zone
District Boundary Amendment on December 12, 2022, where a
recommendation for approval was forwarded to the Vail Town
Council by a vote of 4-2-0 (Pratt and Perez opposed).
Resolution No. 62 Staff Memorandum .pdf
Attachment A. Resolution No. 62, Series of 2022.pdf
Attachment B. Proposed Land Use Map Amendment 12-13-22.pdf
Attachment C. Applicant Narrative 120122.pdf
Attachment D. PEC Minutes from Meeting on 12-12-2022.pdf
Attachment E. Staff Memorandum PEC22-0018.pdf
Public Input
Ordinance No. 25 Staff Memorandum.pdf
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7.Public Hearings
7.1 Ordinance No. 23, Series of 2022, Second Reading, An
Ordinance Repealing and Reenacting Chapter 13 of Title 5
of the Vail Town Code, Regarding Carryout Bag
Requirements and Fees
5 min.
Approve, approve with amendments or deny Ordinance No.
23, Series of 2022 upon second reading.
Presenter(s): Beth Markham, Environmental Sustainability
Manager
Background: On July 6, 2021, Governor Jared Polis signed
HB21-1162, the Plastic Pollution Reduction Act (PPRA) into
law. Following business and community outreach and Town
Council input staff developed and refined recommendations for
changes to Town of Vail Code Title 5, Chapter 13 regarding
disposable plastic bags to come into compliance with the
PPRA. Ordinance No. 23, Series of 2022 incorporates the
code updates. The first reading of the ordinance was approved
December 6, 2022 with no changes required.
7.2 Ordinance No. 24, Series of 2022, Second Reading, An
Ordinance Making Budget Adjustments to the Town of
Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Housing Fund, Residences at Main
Vail Fund, Heavy Equipment Fund of the 2022 Budget for
the Town of Vail, Colorado; and Authorizing the said
Adjustments as Set Forth Herein; and Setting Forth
Details in Regard Thereto
15 min.
Approve, approve with amendments or deny Ordinance No.
24, Series of 2022 upon second reading.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
8.Adjournment (7:25pm estimate)
Attachment A. Ordinance No. 25, Series of 2022.pdf
Attachment B. Proposed Zone District Boundary Amendment Map 12-13-22.pdf
Attachment C. Applicant Narrative 120122.pdf
Attachment D. PEC Minutes from Meeting on 12-12-2022.pdf
Attachment E. Staff Memorandum PEC22-0019.pdf
PPRA Ordinance No. 23 Series of 2022 Memo 122022.pdf
Ordinance No. 23 Series 2022-122022.pdf
Plastic Bag Public Input.pdf
221220 4th Supp- 2nd Reading.pdf
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Beth Markham, Environmental Sustainability
ITEM TYPE:Main Agenda
AGENDA SECTION:Recognitions (5 min.)
SUBJECT:Mauri Nottingham Excellence in Environmental
Sustainability Scholarship Awards
SUGGESTED ACTION:The scholarship program is intended to provide recognition and
financial support to qualified local residents and students interested in
pursuing education and careers in the field of environmental
sustainability. This award honors the contributions of Mauri
Nottingham to the Vail Community. Lauren Merck, Dean Mosher, and
Catherine Moloney are the recipients this year.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Mauri Nottingham Scholarship Memo 122022.pdf
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To: Vail Town Council
From: Environmental Sustainability Department
Date: December 20, 2022
Subject: Mauri Nottingham Scholarship in Excellence for Environmental Sustainability Awards
I. Purpose
The purpose of this memo is to recog nize the three 2022 recipients for the Mauri Nottingham
Scholarship Excellence in Environmental Sustainability program.
II. Background
In 1993, The Town of Vail created the Mauri Nottingham Environmental Quality Award to honor
the creator of the valley’s “We Recycle” program and recognize outstanding environmental
programs or efforts in the community. The new scholarship program intends to honor the
contributions of Mr. Nottingham, continue the legacy of the Environmental Quality Award, and
provide assistance to those in the community wishing to further their education in the field of
environmental sustainability.
This scholarship will be awarded to cover the cost of tuition and supplies up to $1,500 dollars
and is open to Town of Vail residents, students who attend school in the Town of Vail, or those
who are employed in the Town of Vail. Academic programs can include bachelors or certificate
programs at accredited colleges or universities, online programs, or attendance at local
symposiums.
III. 2022 Award Recipients
After reviewing applications, three applicants really stood out in terms of their passion and
commitment to environmental sustainability; therefore, staff opted to award three recipients the
scholarship in 2022, each receiving $500. All three recipients , Lauren Merck, Dean Lucas
Mosher and Catherine Moloney, are currently Colorado Mountain College (CMC) students
working towards bachelor’s degrees in Sustainability.
Lauren Merck is currently in her senior year as a Sustainability Studies major with a minor in
Business. She also plans to pursue a Graduate Certificate in Environmental Policy and
Management to help further her professional development. She has been working as the
Sustainability Intern with the Town of Vail which has inspired her to pursue work in the local
government sector to help shape sustainability policy and develop and implement solutions
focused programs to work towards achieving climate goals.
Cat Moloney is planning to graduate from CMC with a degree in Sustainability Studies in spring
of 2023. Cat is passionate about sustainability and the local community, is a life-long learner
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Town of Vail Page 2
and believes that each person can make a big impact. Cat is looking forward to entering the
professional world with a sustainability career that allows her to give back to the community and
make a positive change.
Lucas Mosher is a Senior at Colorado Mountain College with a vision and goal to become a
leader in sustainability and to one day be the director of a non-profit, and for his work to have a
positive impact on the community. As a sustainability student he has learned the importance of
community service. One of the values of sustainability is strong communities and relationships
which are self-provisioning and resilient. Lucas works to create this type of culture and spends
much of his time p roviding community service to the community.
The Town of Vail Environmental Sustainability Department is grateful for the commitment these
three students have demonstrated in environmental sustainability and making a positive impact
on the local community and beyond. Lauren, Cat and Lucas all exemplify emerging leaders in
sustainability focused work and town staff is excited to see what these students accomplish
along their sustainability journeys.
IV. Action Requested of Council
Staff requests the Vail Town Council recognize and congratulate the three recipients of the
scholarship for 2022.
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:November 1, 2022 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
11012022 TC minutes.pdf
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Town Council Meeting Minutes of November 1, 2022 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 1, 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
Jen Mason
Pete Seibert
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Staff members present virtually: Stephanie Bibbens, Town Clerk
1. Citizen Participation
Tom Higgins, American Ski Exchange in Vail Village, expressed his frustration with the
new loading and delivery regulations, requested a variance for his staff regarding the
loading and delivery ordinance and asked that Council give the officers at Checkpoint
Charlie the authority to make the judgement call on which vehicles can be allowed into
the Village on a day-to-day basis.
Colby Knox, a Vail resident, asked for clarification regarding public parking at the
outlying employee lots at Ford Park, Red Sandstone Parking Structure, and the soccer
fields.
Jeanne McQueeny, Eagle County Commissioner, encouraged the community members
to get their ballots in for the upcoming election on November 8, 2022.
2. Recognitions
2.1 Recognition of Dwight Henninger's Service as the International Chiefs of Police
President
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Town Council Meeting Minutes of November 1, 2022 Page 2
Background: Chief Henninger has served as the President of the International Association of
Chiefs of Police for the past year. The Chief started his presidency dealing with a worldwide
pandemic; a summer of unrest following the death of George Floyd, and an overwhelming
number of natural disasters that left our country reeling. With those challenges in mind, Chief
Henninger made it his priority to the building and rebuilding of community trust. Chief Henninger
has said, “building and rebuilding trust in our communities and around the world, is something
so critical that we cannot lose focus on it as our primary objective”. He has spent the last year
travelling the globe taking this message to police leaders. Chief Henninger has been an
excellent model for law enforcement leaders to follow and an outstanding representation of the
Town of Vail.
Henninger thanked his team, Town Council, the Town Manager and the community for their
support when he took on the role of President of the International Association of Chiefs of
Police.
2.2 Recognition of the 2022 Eagle County Public Safety Awards
Background: Last month, Sergeants Dempsey and Bindle, Officers Sommer, Castillo and
Clausen and Dispatchers Gardner and Sheets received a Unit Citation Award during the Eagle
County Public Safety Appreciation Ceremony for their handling of a person experiencing a
mental health crisis. Kris Cureau also received a Leadership award for her work managing
multiple law enforcement projects including the County wide records management system,
Mountain Safe Grant, Northwest Colorado All Hazards Incident Management Team, and a host
of other projects.
Henninger stated the communications team received another citation for all the work they had
been doing while understaffed. He thanked Councilman Staufer for being at the event to hand
out the citations to his team and acknowledged the Rotary Club for putting on the event, as well
as Starting Hearts and the Eagle County team for putting together the videos for his team.
Henninger also thanked Marc Wentworth for managing the communications team.
2.3 Recognizing Beth Markham and Walking Mountains Science Center for receiving
Recycle Colorado's Outstanding Government or Non-Profit Diversion Program Award
Background: Beth is the Environmental Sustainability Manager for the Town and in her three
years has led programs and partnerships that are modeled across the state, the country, and
internationally. She manages zero waste events, policy, sustainability workforce creation,
increased access and infrastructure, education and outreach, and more.
Markham thanked Council and the community for the recognition and stated the award was
more for the Town of Vail. She also thanked Kristen Bertuglia for her leadership as the
Environmental Sustainability Director and their partnership with Walking Mountains Science
Center.
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Town Council Meeting Minutes of November 1, 2022 Page 3
3. Consent Agenda
3.1 Resolution No. 51, Series of 2022, A Resolution Approving a Highway Maintenance
Agreement between the Town of Vail and the Colorado Department of Transportation
(CDOT)
Approve, approve with amendments, or deny Resolution No. 51, Series of 2022
Background: The Town of Vail provides snow removal services for the Vail Frontage Roads as
well as minor street maintenance. CDOT reimburses the town per an agreed-upon value. This
agreement was changed from a 5- year agreement to an annual agreement in 2021. The value
of the agreement was increased for the coming year, the total value of the agreement is
$138,106.44.
Foley made a motion to approve, Staufer seconded motion passed (7-0).
4. Town Manager Report
4.1 Council Matters Status Report
Forrest explained there was an environmental impact report for Middle Creek as well as an
update on the construction traffic and the Residences at Marriott site.
Halloran stated there was a new Council Matters Status Report that will address Council’s
feedback during Matters from Mayor in the afternoon work sessions, explaining this would
provide an opportunity for staff to provide follow up to both the public and Council regarding
those topics.
4.2 Parking Update
Hall reported parking sales were going strong and wanted to clarify some information to Council
and the public:
Employee and Employee Plus Passes would pay on exit instead of having a credit card
on file
Local and Eagle County Passes would still have a credit card on file and that card would
get charged on exit.
o Gate may read the license plate and raise automatically, but the credit card on
file would be charged accordingly upon exit.
To avoid parking on the Frontage Road on slow filling days, parking staff could open
Ford Park, Red Sandstone and Soccer Fields to the public
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Town Council Meeting Minutes of November 1, 2022 Page 4
o Spots would be a managed according to demand and public would not be able to
park in those lots unless staff turned on the ticketing system
Level 2 of the Red Sandstone Parking Structure was not available for use until
Thanksgiving due to repairs that needed to be made.
Employee Plus, Employee, Local and Eagle County passholders were not guaranteed a
spot to park.
Council members voiced their concerns regarding the public being able to pull a ticket at any
time and not just on overflow days in the outlying employee lots.
Davis recommended limited signage in those lots to encourage employee parking instead of
public parking.
Stephanie Kashiwa, Parking Supervisor, stated the program they used in the parking lots had
the capability to turn the transient ticket application off for the non-overflow days, and keeping
the fee signage out in those lots would hinder the public from knowing the fees on the overflow
days when they are able to park in those lots.
Hall also stated currently there was no messaging to the public that those lots are available for
parking, and the public would not be able to park in those lots unless it was a slow fill day and
staff was trying to avoid going to the Frontage Road.
Colby Knox, a Vail Resident, voiced his frustration with the new parking system and explained
employee parking lots should not be available to the public even on overflow days.
Coggin asked for clarification regarding ticketing on the Frontage Road.
Hall answered that cars parked on the Frontage Road on an overflow day would be ticketed
after 11:00pm that evening.
Davis reiterated that the outlying employee parking lots could be restricted to just passes until
staff had more data on how the outlying parking lots are being used.
Coggin stated the Town would continue to monitor parking in the outlying employee parking lots
and adjust accordingly.
Hall stated the parking staff would be monitoring pass sales and would understand the demand
on those lots based off those sales numbers.
Chris Rogers, a Vail resident, voiced his grievances with the parking pass sale price increase
and explained the Town has made it increasingly difficult for employees to live and park in Vail.
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Town Council Meeting Minutes of November 1, 2022 Page 5
5. Presentation/Discussion
5.1 Wildlife Roundtable
Presenter(s): Kristen Bertuglia, Environmental Sustainability Director
Background: The purpose of the Eagle County Community Wildlife Roundtable is to gather a
group of diverse stakeholders in the valley to understand and address issues facing wildlife
populations. Together we will identify a shared vision and realistic actions to protect regional
wildlife, while also ensuring that these actions are supported by the community as a whole. We
want to leverage diverse values, creativity, and resources to move toward positive action and
enduring solutions to the complex wildlife issues in Eagle County.
Bertuglia explained the make-up of the Wildlife Roundtable and their priorities. She stated
priority initiatives included identifying and prioritizing desirable habitat areas for protection,
restoration, conservation and improvement; develop criteria to prioritize habitat improvement
projects; and to develop the scope and resources for habitat conservation.
Bertuglia also reviewed the Land Use Planning Committee, the Education/Outreach Committee
& Human Wildlife Management Committee and the Habitat Management Committees current
plans, work-to-date and future plan for each of the committees.
Langmaid thanked the stakeholders for volunteering and their participation on the Wildlife
Roundtable.
Mason asked about the bike path in relationship to the wildlife fence in Dowd Junction.
Greg Hall, Public Works and Transportation Director, explained the initial approval for the bike
path had conditions that were set by the CPW back in the 1990’s regarding closures for the bike
path.
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded motion passed (7-0), meet adjourned at 7:11pm.
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
___________________________________
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:November 15, 2022 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
11152022 TC minutes.pdf
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Town Council Meeting Minutes of November 15, 2022 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 15, 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
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Penny Wilson, an East Vail resident, thanked the Town for their assistance in completing the
berm in East Vail.
Robyn Smith, a Vail resident, expressed her concern for the lack of participation during Town
Council meetings from the community.
2. Any action as a result of executive session
There was none.
3. Proclamation
3.1 Proclamation No. 9, Series of 2022, Colorado Gives Day
Approve Proclamation No. 9, Series of 2022.
Presenter(s): John Weiss, Executive Director of Small Champions Inc. and Christine Holmberg,
Executive Director of Foresight Ski Guides
Background: Community First Foundation and FirstBank have partnered in an effort to increase
charitable giving in our community through the online giving initiative Colorado Gives Day.
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Town Council Meeting Minutes of November 15, 2022 Page 2
Colorado Gives Day in 2021 raised $55 million in a single 24-hour period via online donation
and over $2 million to Eagle County nonprofits via 4,000 individual donations at
eaglecountycoloradogives.org, a website allowing donors to direct their contributions to one or
more of the over 60 local Eagle County charities featured on the site, making it an ideal
resource for facilitating charitable giving to our locally-based nonprofit organization.
Each council member took a turn reading Proclamation No. 9, Series of 2021 into the record.
4. Consent Agenda
4.1 October 4, 2022 TC Meeting Minutes
Foley made a motion to approve; Mason seconded motion passed (7-0).
4.2 October 18, 2022 TC Meeting Minutes
Mason made a motion to approve; Foley seconded motion passed (7-0).
4.3 Resolution No. 52, 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.
Approve, approve with amendments, or deny Resolution No. 52, Series of 2022.
Staufer made a motion to approve, Foley seconded motion passed (7-0).
4.4 Resolution No. 53, Series of 2022, A Resolution Designating Bank Accounts for the
Town of Vail with Russell Forrest, Kathleen Halloran, and Carlie Smith as the Designated
Signers on those Accounts, Permitted by the Charter of the Town, its Ordinances, and
the Statutes of the State of Colorado; and Setting Forth Details in Regard Thereto
Approve, approve with amendments or deny Resolution No. 53, Series of 2022.
Background: The Town has the power to designate banks or financial institutions for funds of
the Town and the Town wishes to designate bank accounts with First Bank of Vail and Alpine
Bank with Russell Forrest, Kathleen Halloran, and Carlie Smith as signers on these accounts.
Davis made a motion to approve; Mason seconded motion passed (7-0).
4.5 Letter Requesting a Meeting to Explore Partnership Opportunities with United States
Postal Service.
Approve Mayor Langmaid to sign letter on behalf of the Vail Town Council.
Background: The United States Postal Service owns and operates facilities which we believe
may have the potential to be redeveloped. Any potential redevelopment opportunity is likely to
not only result in new, state of the art facilities for the Postal Service, but also achieve a shared
objective of providing affordable homes for the Postal Service employees.
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Town Council Meeting Minutes of November 15, 2022 Page 3
Coggin made a motion to approve, Staufer seconded motion passed (7-0).
5. Town Manager Report
5.1 Council Matters Status Report
5.2 Inflation and Relief Retention Bonus Update
Forrest updated Council on the difficulties the Town of Vail staff were having with retention and
inflation. He requested Council support the retention bonus proposed by the Human Resources
Department.
Council supported the bonus.
Forrest also notified Council members of a potential mini-retreat for the second Town Council
meeting in January to discuss priorities moving forward.
6. Action Items
6.1 Agreement for Lobbying Services with Squire Patton Boggs, and an
Intergovernmental Agreement with the Town of Avon, and Eagle County.
Approve, approve with amendments, or deny Resolution No. 54, Series of 2022.
Presenter(s): Kathleen Halloran, Deputy Town Manager
Background: The Town of Vail is partnering with the Town of Avon and Eagle County to jointly
share the cost of a federal lobbyist. The federal lobbying services would include monitoring
federal legislation and federal funding opportunities as well as advocate for legislative positions.
The monthly retainer totals $10,000, shared equally among the three partners. High priority
items for the group include housing, wildfire response and mitigation, and multi-modal
transportation.
Halloran explained what the lobbying services entailed and asked for Council feedback.
Langmaid stated she would like to see efforts made toward retrofitting buildings.
Foley expressed he would like to keep track of the Tennessee Rail Line.
Staufer clarified the lobbyist would be looking for funding opportunities and not actually lobbying
for projects.
Mason requested more information explaining why Minturn and other communities are not a
part of the IGA.
Foley made a motion to approve, Coggin seconded motion passed (7-0).
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Town Council Meeting Minutes of November 15, 2022 Page 4
6.2 Contract Award to Cesare, Inc. for Geotechnical Work at Timber Ridge
Direct the Town Manager to enter into a contract, as approve by the Town Attorney, with
Cesare, Inc. up to an amount not to exceed $195,000.
Presenter(s): Greg Hall, Public Works and Transportation Director
Background: The town has initiated redevelopment of the town-owned Timber Ridge
Apartments. In order to further the progression of design plans, better define risks and
associated costs related to the project, geotechnical investigations are required.
Hall stated the topic was an action item because even though the funds were budgeted, there
wasn’t an authorization to a specific project.
Hall explained staff wanted to understand what is under the existing Timber Ridge and areas
where there could be expansion. This will also ensure the Town will own the data and the work
can get done in a timely manner.
Coggin made a motion to approve; Foley seconded motion passed (7-0).
6.3 Ordinance No. 20, Series of 2022, First Reading, An Ordinance Amending Sections 7-
12-2, 7-12-6, and 7-12-7 of the Vail town Code Regarding Pedestrian Mall Areas in Town
Approve, approve with amendments, or deny Ordinance 20, Series of 2022 upon first reading.
Presenter(s): Commander Ryan Kenney, Vail Police Department
Background: On August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town
Code related to pedestrian and vehicular circulation in pedestrian malls in the Town. That
ordinance established a detailed fee calculation for the assessment of loading dock fees. To
promote efficiency and consistency, the Town wishes to remove the detailed fee calculation
from the Vail Town Code and instead place such information in the Town's fee schedule, modify
the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of
Procedure and correct the language allowing High Volume Commercial Carriers into the village.
This exemption will only apply to smaller box trucks and not freight vehicles. Freight will be
diverted into the loading docks.
Kenney explained the amendments would clean up the ordinance language and there were no
major changes to the ordinance.
Foley expressed there had been complaints made regarding issues with access to small
businesses through Checkpoint Charlie and the response from PD had not been helpful to
merchants.
Kenney explained the PD has been meeting with each business regarding their complaints and
had only one open complaint that he was still working on a solution for. All other complaints had
been remedied.
25
Town Council Meeting Minutes of November 15, 2022 Page 5
Coggin made a motion to approve; Staufer seconded motion passed (7-0).
6.4 Ordinance No. 21, Series of 2022, First Reading, An Ordinance Providing for the Levy
Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2022 Tax
Year and Payable in the 2023 Fiscal Year.
Approve, approve with amendments or deny Ordinance No. 21, Series of 2022 upon first
reading.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Smith explained the ordinance allowed for the collection of the 2023 property taxes based off
2022 evaluations.
Smith stated the 2023 Mill Levy is proposed to increase from 4.69 up to 4.801 and was
projected to generate $5.7 million dollars in revenue for the Town, which would be 6.5% of the
Town’s total revenue for 2023.
Coggin clarified that the projections are flat with last year.
Coggin made a motion to approve, Foley seconded motion passed (7-0).
6.5 Ordinance No. 22, Series of 2022, First Reading, Annual Appropriation Ordinance:
Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs,
Expenses, and Liabilities of the Town of Vail, Colorado for Its Fiscal Year January 1, 2023
through December 31, 2023.
Approve, approve with amendments or deny Ordinance No. 22, Series of 2022 upon first
reading.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Smith presented the first reading of Ordinance No. 22, Series of 2022 with the Council
reminding them they had seen a draft of the budget during the November 1 meeting.
Smith explained the revenues were budgeted conservatively and expenditures had been
carefully reviewed to ensure they supported the community and Council’s priorities.
Mason stated she appreciated how conservative the numbers were for the upcoming year’s
budget.
Smith also explained that if the Town were to go into a recession, there was a recession plan
that staff could look to for guidance to adjust those numbers further.
26
Town Council Meeting Minutes of November 15, 2022 Page 6
Smith reviewed the changes per their direction at that November 1 meeting.
Expenditures
• General Fund:
Contribution of $100K towards ECO Trails designated for Minturn Spur Section
$50K for annual CharegPoint expenditures
Council voted to re-evaluate Vail Religious Foundations additional request after
first quarter
Reclass $52K from Capital Projects Fund to General Fund for Synexis costs
• Capital Projects Fund:
$40K placeholder for installation of electric vehicle stations to meet increase in
demand
Staff will pursue grant opportunities for equipment and installation costs
• Residences at Main Vail Placeholders:
Revenue: $773.8K
Transfer of $825K from Capital Projects Fund:
Interest payment of $415K (due June 30, 2023)
Initial operating costs
Expenditures: $1.6M
Debt services: $1.2M
Operations: $362K
Smith explained staff would be back in December for policy discussions for Residences at Main
Vail which would include rental rates, property management and loan payback to the Capital
Projects Fund.
Smith presented a high-level summary of the Town’s funds which included revenue,
expenditures, and a view of the ending fund balances.
Smith explained the Town took on debt to fund the Public Works Shop and Residences at Main
Vail Projects. The total in debt service payments would be $2.4M in 2023 with a total
outstanding debt at the end of 2022 of $40.4M.
Smith stated at the end of 2023, the Town was projected to have $79.5M available in reserves,
which was a healthy fund balance, but there were large capital projects coming up.
Coggin requested an additional $15K toward the E-Bike Rebate program with the understanding
that if someone lived in Vail and purchased a bike in Vail, they would receive a $250.00 rebate
and if someone lived in Vail and purchased a bike in Eagle County, they would receive $150.00
rebate.
Coggin explained he would not support the current proposed budget based off the uncertainty
with the East Vail parcel, uncertain economic indicators and disagreed with the timelines for
some of the capital projects.
27
Town Council Meeting Minutes of November 15, 2022 Page 7
Langmaid stated even though the projects were included in the budget, Council could decide
not to move forward or moved forward with projects based on economic certainty.
Forrest proposed deferring significant capital expenditures until the end of the first quarter of
2023 and not making any contractual commitments until the Town had a better understanding of
their economic status and asked for a break down of the recession plan.
Smith explained depending on how much staff project revenues to decrease, the Town would
cut their expenditures based on the different levels of the recession plan (minor, major and
above). Smith stated that the Town was at one of the highest levels of the recession plan during
the pandemic.
Davis asked what would trigger the recession plan to take effect.
Smith answered when the Town would see revenues decrease significantly below what was
projected in the current budget.
Foley asked for a more detailed understanding of the recession plan during second reading.
Staufer recommended reviewing the 2008 financials for potential impacts and that he is
comfortable with the projected conservative budget for 2023, but also agreed it would be a good
idea to wait until the end of the first quarter for some of the bigger capital projects.
Forrest suggested more information on the recession plan and its impacts on the second
reading as well as a timeline of implementation.
Smith explained the recession plan could be implemented quickly.
Seibert expressed he would want the Town to be ready to spend the InDEED and employee
rental funds should things turn down and potentially get more housing for the money.
Seibert also expressed the need to monitor certain capital projects, specifically the snowmelt
infrastructure, as he sees it as a general maintenance need.
Greg Hall, Public Works and Transportation Director, addressed Council and explained staff
could come back during second reading with additional reductions in projects and also identify
certain projects that would be considered time-sensitive based off of where they were located
and the impact on guests if the projects were not completed during the off season.
Davis supported the additional $15K for the E-Bike rebate program.
Four Council members raised their hand in support.
Foley made a motion to approve the first reading of the 2023 budget with the addition of the
$15K for the E-Bike Rebate Program; Staufer seconded motion passed (6-1, Coggin opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Staufer seconded motion passed (7-0), meet adjourned at 6:52pm.
28
Town Council Meeting Minutes of November 15, 2022 Page 8
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
___________________________________
Stephanie Bibbens, Town Clerk
29
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:George Ruther, Housing
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 60, Series of 2022, A Resolution Approving the
Purchase of Residential Property
SUGGESTED ACTION:Approve Resolution No. 60, Series of 2022 authorizing the Town
Manager to enter into an agreement, in a form approved by the Town
Attorney, the purchase of North Trails Townhomes, Unit D, 2477
Garmisch, Vail, Colorado in the amount of, and not to exceed,
$306,277.00, plus closing costs.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 60 Series of 2022.pdf
2477 Garmisch Drive Unit D Contract to Buy and Sell Real Estate 12092022.pdf
30
RESOLUTION NO. 60
SERIES OF 2022
A RESOLUTION APPROVING THE PURCHASE OF RESIDENTIAL PROPERTY
WHEREAS, (“Owner”) is the owner of certain residential property located in Vail,
Colorado (the “Property”); and
WHEREAS, the Town wishes to purchase the Property from Owner, and Owner
wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and
Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference
(the “Contract”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Contract in substantially the
same form attached hereto as Exhibit A and in a form approved by the Town Attorney,
authorizes the appropriation of the funds necessary to complete the purchase of the
Property and authorizes the Town Manager to execute the Contract on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 20th day of December, 2022.
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Stephanie Bibbens, Town Clerk
31
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AGENDA ITEM NO. 4.4
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:George Ruther, Housing
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 61, Series of 2022, A Resolution Authorizing the
Purchase of Residential Property
SUGGESTED ACTION:Approve Resolution No. 61, Series of 2022 authorizing the Town
Manager to enter into an agreement, in a form approved by the Town
Attorney, the purchase of Homestake at Vail Condominium, Unit
B103, 1081 Vail View Drive, Vail, Colorado in the amount of, and not
to exceed, $465,000.00, plus closing costs.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 61 Series of 2022.pdf
Contract to Buy and Sell Purchase of 1081 Vail View Dr #B103.pdf
51
RESOLUTION NO. 60
SERIES OF 2022
A RESOLUTION APPROVING THE PURCHASE OF RESIDENTIAL PROPERTY
WHEREAS, (“Owner”) is the owner of certain residential property located in Vail,
Colorado (the “Property”); and
WHEREAS, the Town wishes to purchase the Property from Owner, and Owner
wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and
Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference
(the “Contract”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Contract in substantially the
same form attached hereto as Exhibit A and in a form approved by the Town Attorney,
authorizes the appropriation of the funds necessary to complete the purchase of the
Property and authorizes the Town Manager to execute the Contract on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 20th day of December, 2022.
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Stephanie Bibbens, Town Clerk
52
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 1 of 19
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission . 1
(CBS1-6-21) (Mandatory 1-22) 2
3
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 4
OTHER COUNSEL BEFORE SIGNING. 5
6
CONTRACT TO BUY AND SELL REAL ESTATE 7
(RESIDENTIAL) 8
9
Date: 10
AGREEMENT 11
1.AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set12
forth in this contract (Contract).13
2.PARTIES AND PROPERTY.14
2.1. Buyer. (Buyer) will take title 15
to the Property described below as Joint Tenants Tenants In Common Other . 16
2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 17
2.3. Seller. (Seller) is the current 18
owner of the Property described below. 19
2.4. Property. The Property is the following legally described real estate in the County of , Colorado 20
(insert legal description): 21
22
23
24
25
26
known as: , 27
Street Address City State Zip 28
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all inte rest of 29
Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 30
2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 31
2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are 32
included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside 33
telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-34
in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories) and garage door openers 35
(including _______ remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water 36
Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.7. 37
(Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also 38
included in the Purchase Price. 39
2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the 40
following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, 41
blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, 42
heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 43
2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the 44
Purchase Price: 45
46
47
48
49
50
If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal 51
property outside of this Contract. 52
53
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 2 of 19
2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at 53
Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and 54
encumbrances, except: 55
56
57
58
2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other 59
applicable legal instrument. 60
2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: 61
; and the use or ownership of the following storage facilities: . 62
Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 63
2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer 64
at Closing (Leased Items): 65
66
67
68
69
2.6. Exclusions. The following items are excluded (Exclusions): 70
71
72
73
2.7. Water Rights/Well Rights. 74
2.7.1. Deeded Water Rights. The following legally described water rights: 75
76
77
78
Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 79
2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 80
2.7.4., will be transferred to Buyer at Closing: 81
82
83
84
85
2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if 86
the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, 87
Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered 88
with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a 89
registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in 90
connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is 91
. 92
2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 93
94
95
96
2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), 97
§ 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable98
legal instrument at Closing.99
2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water 100
Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 101
3.DATES, DEADLINES AND APPLICABILITY.102
3.1. Dates and Deadlines.103
Item No. Reference Event Date or Deadline
1 §3 Time of Day Deadline
2 §4 Alternative Earnest Money Deadline
Title
3 §8 Record Title Deadline (and Tax Certificate)
4 §8 Record Title Objection Deadline
54
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 3 of 19
5 §8 Off-Record Title Deadline
6 §8 Off-Record Title Objection Deadline
7 §8 Title Resolution Deadline
8 §8 Third Party Right to Purchase/Approve Deadline
Owners’ Association
9 §7 Association Documents Deadline
10 §7 Association Documents Termination Deadline
Seller’s Disclosures
11 §10 Seller’s Property Disclosure Deadline
12 §10 Lead-Based Paint Disclosure Deadline
Loan and Credit
13 §5 New Loan Application Deadline
14 §5 New Loan Terms Deadline
15 §5 New Loan Availability Deadline
16 §5 Buyer’s Credit Information Deadline
17 §5 Disapproval of Buyer’s Credit Information Deadline
18 §5 Existing Loan Deadline
19 §5 Existing Loan Termination Deadline
20 §5 Loan Transfer Approval Deadline
21 § 4 Seller or Private Financing Deadline
Appraisal
22 §6 Appraisal Deadline
23 §6 Appraisal Objection Deadline
24 §6 Appraisal Resolution Deadline
Survey
25 §9 New ILC or New Survey Deadline
26 §9 New ILC or New Survey Objection Deadline
27 §9 New ILC or New Survey Resolution Deadline
Inspection and Due Diligence
28 §2 Water Rights Examination Deadline
29 §8 Mineral Rights Examination Deadline
30 §10 Inspection Termination Deadline
31 §10 Inspection Objection Deadline
32 §10 Inspection Resolution Deadline
33 §10 Property Insurance Termination Deadline
34 §10 Due Diligence Documents Delivery Deadline
35 §10 Due Diligence Documents Objection Deadline
36 §10 Due Diligence Documents Resolution Deadline
37 §10 Conditional Sale Deadline
38 §10 Lead-Based Paint Termination Deadline
Closing and Possession
39 §12 Closing Date
40 §17 Possession Date
41 §17 Possession Time
42 §27 Acceptance Deadline Date
43 §27 Acceptance Deadline Time
Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA 104
insured or VA guaranteed loans. 105
3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, 106
or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box 107
checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of 108
“None”, such provision means that “None” applies. 109
55
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 4 of 19
The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The 110
abbreviation “N/A” as used in this Contract means not applicab le. 111
3.3. Day; Computation of Period of Days; Deadlines. 112
3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States 113
Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. 114
(Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termina tion Deadlines will end 115
on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of 116
Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 117
3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the 118
ending date is not specified, the first day is excluded and the last day is included. 119
3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such 120
deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neith er box be checked, 121
the deadline will not be extended. 122
4.PURCHASE PRICE AND TERMS.123
4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 124
Item No. Reference Item Amount Amount
1 §4.1.Purchase Price $
2 §4.3.Earnest Money $
3 §4.5.New Loan $
4 §4.6.Assumption Balance $
5 §4.7.Private Financing $
6 §4.7.Seller Financing $
7
8
9 §4.4.Cash at Closing $
10 TOTAL $ $
4.2. Seller Concession. At Closing, Seller will credit to Buyer $______________ (Seller Concession). The Seller 125
Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer ’s lender 126
and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller 127
Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any 128
other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer 129
elsewhere in this Contract. 130
4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a ______________________, will be 131
payable to and held by ________________________________________ (Earnest Money Holder), in its trust account, on behalf of 132
both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually a gree 133
to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the 134
company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to 135
have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado 136
residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earne st 137
Money Holder in this transaction will be transferred to such fund. 138
4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 139
time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 140
4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled 141
to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided 142
in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, 143
Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instru ctions (e.g., Earnest Money Release 144
form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 2 3 145
(Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release 146
form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money 147
Release form), within three days of Buyer’s receipt. 148
4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the 149
Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller 150
is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 151
56
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4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the 152
Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer 153
is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 154
4.4. Form of Funds; Time of Payment; Available Funds. 155
4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 156
and closing costs, must be in funds that c omply with all applicable Colorado laws, including electronic transfer funds, certified 157
check, savings and loan teller’s check and cashier’s check (Good Funds). 158
4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at 159
Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH 160
NONPAYING PARTY WILL BE IN DEFAULT. 161
4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have 162
funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 163
4.5. New Loan. 164
4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 4.2. (Seller Concession), if applicable, 165
must timely pay Buyer’s loan costs, loan discount points, prepaid items and loan origination fees as required by lender. 166
4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to 167
Buyer, including a different loan than initially sought, except as restricted in § 4.5.3. (Loan Limitations) or § 29 (Additional 168
Provisions). 169
4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: 170
Conventional FHA VA Bond Other . 171
If either or both of the FHA or VA boxes are checked, and Buyer closes the transaction using one of those loan types, Seller agrees 172
to pay those closing costs and fees that Buyer is not allowed by law to pay not to exceed $ . 173
4.5.4. Loan Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and 174
costs of Buyer’s New Loan carefully. If Buyer is applying for a residential loan, the lender generally must provide Buyer with a 175
Loan Estimate within three days after Buyer completes a loan application. Buyer also should obtain an estimate of the amount of 176
Buyer’s monthly mortgage payment. 177
4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance 178
set forth in § 4.1. (Price and Terms), presently payable at $______________ per ________________ including principal and interest 179
presently at the rate of ________% per annum and also including escrow for the following as indicated: Real Estate Taxes 180
Property Insurance Premium Mortgage Insurance Premium and . 181
Buyer agrees to pay a loan transfer fee not to exceed $_____________. At the time of assumption, the new interest rate will 182
not exceed ________% per annum and the new payment will not exceed $_____________ per ________________ principal and 183
interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less than the Assumption Balance, which 184
causes the amount of cash required from Buyer at Closing to be increased by more than $_____________, or if any other terms o r 185
provisions of the loan change, Buyer has the Right to Terminate under § 24.1. on or before Closing Date. 186
Seller Will Will Not be released from liability on said loan. If applicable, compliance with the requirements for release 187
from liability will be evidenced by delivery on or before Loan Transfer Approval Deadline at Closing of an appropriate 188
letter of commitment from lender. Any cost payable for release of liability will be paid by in an amount 189
not to exceed $_____________. 190
4.7. Seller or Private Financing. 191
WARNING: Unless the transaction is exempt, federal and state laws impose licensing, other requirements and restrictions on sellers 192
and private financiers. Contract provisions on financing and financing documents, unless exempt, should be prepared by a licensed 193
Colorado attorney or licensed mortgage loan originator. Brokers should not prepare or advise the parties on the specifics of financing, 194
including whether or not a party is exempt from the law. 195
4.7.1. Seller Financing. If Buyer is to pay all or any portion of the Purchase Price with Seller financing, Buyer 196
Seller will deliver the proposed Seller financing documents to the other party on or before _________ days befo re Seller or 197
Private Financing Deadline. 198
4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing, this Contract is conditional upon 199
Seller determining whether such financing is satisfactory to the Seller, including its payments, interes t rate, terms, conditions, cost, 200
and compliance with the law. Seller has the Right to Terminate under § 2 4.1., on or before Seller or Private Financing Deadline, 201
if such Seller financing is not satisfactory to Seller, in Seller’s sole subjective discretion. 202
4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private 203
financing, this Contract is conditional upon Buyer determining whether such financing is satisfactory to Buyer, including its 204
availability, payments, interest rate, terms, conditions, and cost. Buyer has the Right to Terminate under § 24.1, on or before Seller 205
or Private Financing Deadline, if such Seller or private financing is not satisfactory to Buyer, in Buyer’s sole subjective discretion. 206
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TRANSACTION PROVISIONS 207
5. FINANCING CONDITIONS AND OBLIGATIONS. 208
5.1. New Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New 209
Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make an application v erifiable 210
by such lender, on or before New Loan Application Deadline and exercise reasonable efforts to obtain such loan or approval. 211
5.2. New Loan Terms; New Loan Availability. 212
5.2.1. New Loan Terms. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract i s 213
conditional upon Buyer determining, in Buyer’s sole subjective discretion, whether the proposed New Loan’s payments, interest 214
rate, conditions and costs or any other loan terms (New Loan Terms) are satisfactory to Buyer . This condition is for the sole benefit 215
of Buyer. Buyer has the Right to Terminate under § 24.1., on or before New Loan Terms Deadline, if the New Loan Terms are not 216
satisfactory to Buyer, in Buyer’s sole subjective discretion. 217
5.2.2. New Loan Availability. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is 218
conditional upon Buyer’s satisfaction with the availability of the New Loan based on the lender’s review and underwriting of Buyer’s 219
New Loan Application (New Loan Availability). Buyer has the Right to Terminate under § 24.1., on or before the New Loan 220
Availability Deadline if the New Loan Availability is not satisfactory to Buyer. Buyer does not have a Right to Terminate based on the 221
New Loan Availability if the termination is based on the New Loan Terms, Appraised Value (defined below), the Lender Property 222
Requirements (defined below), Insurability (§ 10.5. below) or the Conditional Upon Sale of Property (§ 10.7. below). IF SELLER IS 223
NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER’S WRITTEN NOTICE TO TERMINATE, BUYER’S 224
EARNEST MONEY WILL BE NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title, 225
Survey). 226
5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole benefit 227
of Seller) upon Seller’s approval of Buyer’s financial ability and creditworthiness, which approval will be in Seller’s sole subjective 228
discretion. Accordingly: (1) Buyer must supply to Seller by Buyer’s Credit Information Deadline, at Buyer’s expense, information 229
and documents (including a current credit report) concerning Buyer ’s financial, employment and credit condition; (2) Buyer consents 230
that Seller may verify Buyer’s financial ability and creditworthiness; and (3) any such information and documents received by Seller 231
must be held by Seller in confidence and not released to others except to protect Seller’s interest in this transaction. If the Cash at 232
Closing is less than as set forth in § 4.1. of this Contract, Seller has the Right to Terminate under § 24.1., on or before Closing. If 233
Seller disapproves of Buyer’s financial ability or creditworthiness, in Seller ’s sole subjective discretion, Seller has the Right to 234
Terminate under § 24.1., on or before Disapproval of Buyer’s Credit Information Deadline. 235
5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan 236
documents (including note, deed of trust and any modifications) to Buyer by Existing Loan Deadline. For the sole benefit of Buyer, 237
this Contract is conditional upon Buyer’s review and approval of the provisions of such loan documents. Buyer has the Right to 238
Terminate under § 24.1., on or before Existing Loan Termination Deadline, based on any unsatisfactory provision of such loan 239
documents, in Buyer’s sole subjective discretion. If the lender’s approval of a transfer of the Property is required, this Contract is 240
conditional upon Buyer obtaining such approval without change in the terms of such loan, except as set forth in § 4.6. If lender’s 241
approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such deadline. Seller has the Right 242
to Terminate under § 24.1., on or before Closing, in Seller’s sole subjective discretion, if Seller is to be released from liability under 243
such existing loan and Buyer does not obtain such compliance as set forth in § 4.6. 244
6. APPRAISAL PROVISIONS. 245
6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on 246
behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth 247
certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be 248
valued at the Appraised Value. 249
6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in 250
§ 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1. applies. 251
6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the 252
Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal 253
Objection Deadline: 254
6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; 255
or 256
6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the 257
Appraisal or written notice from lender that confirms the Apprais ed Value is less than the Purchase Price (Lender Verification). 258
6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal 259
Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution 260
Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of 261
the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 262
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6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) 263
shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Ear nest 264
Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a 265
written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, 266
setting forth the appraised value of the Property of not less than $______________. The purchaser (Buyer) shall have the privilege 267
and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The 268
appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Developme nt will 269
insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy 270
himself/herself/themselves that the price and condition of the Property are acceptable. 271
6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) 272
shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Prope rty 273
described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department 274
of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of 275
this Contract without regard to the amount of the re asonable value established by the Department of Veterans Affairs. 276
6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, 277
including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), 278
beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following 279
Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written 280
agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the 281
satisfaction of the Lender Property Requirements is waived in writing by Buyer. 282
6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer 283
Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s 284
agent or all three. 285
7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest 286
Communities and subject to one or more declarations (Association). 287
7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 288
INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF 289
THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE 290
COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 291
ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 292
OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS 293
OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD 294
PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS 295
AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING 296
CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A 297
COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF 298
PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL 299
OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE 300
DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE 301
ASSOCIATION. 302
7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), 303
at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association 304
Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt 305
of the Association Documents, regardless of who provides such documents. 306
7.3. Association Documents. Association documents (Association Documents) consist of the following: 307
7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, 308
rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, 309
C.R.S.; 310
7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; 311
such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual 312
Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure . If none of the preceding 313
minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 314
7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, 315
but not limited to, property, general liability, association director and officer professional liability and fidelity policie s. The list must 316
include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed 317
(Association Insurance Documents); 318
7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as 319
disclosed in the Association’s last Annual Disclosure; 320
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7.3.5. The Association’s most recent financial documents which consist of: (1) the Association ’s operating budget 321
for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for 322
the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent 323
available financial audit or review, (4) list of the fees and charges (regardl ess of name or title of such fees or charges) that the 324
Association’s community association manager or Association will charge in connection with the Closing including, but not limited 325
to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for 326
the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of 327
all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 328
7.3.5., collectively, Financial Documents); 329
7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, 330
C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction331
Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2.332
(Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common333
elements or limited common elements of the Association property .334
7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to 335
Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in 336
any of the Association Documents, in Buyer ’s sole subjective discretion. Should Buyer receive the Association Documents after 337
Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to 338
Terminate received by Seller on or before ten days after Buyer ’s receipt of the Association Documents. If Buyer does not receive 339
the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing 340
Date, Buyer’s Notice to Terminate must be received by Seller on or before Closi ng. If Seller does not receive Buyer’s Notice to 341
Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right 342
to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 343
8.TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE.344
8.1. Evidence of Record Title. 345
8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance 346
company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish 347
to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, 348
or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued 349
and delivered to Buyer as soon as practicable at or after Closing. 350
8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance 351
company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to 352
Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. 353
If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 354
8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s 355
Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions 356
which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics ’ liens, (5) gap 357
period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, 358
assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by 359
Buyer Seller One-Half by Buyer and One-Half by Seller Other__________________________. 360
Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over 361
any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, 362
among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under 363
§8.7. (Right to Object to Title, Resolution).364
8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, 365
conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such 366
documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title 367
Documents). 368
8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title 369
Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county 370
where the Property is located. The cost of furnishing copies of the documents required in this Sectio n will be at the expense of the 371
party or parties obligated to pay for the owner’s title insurance policy. 372
8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any 373
portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 374
8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the 375
Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s 376
objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or 377
any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title 378
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Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment 379
that adds a new Exception to title, a copy o f the new Exception to title and the modified Title Commitment will be delivered to 380
Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any 381
required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, 382
or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, 383
pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object 384
to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. 385
(Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable 386
deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Ti tle 387
Documents as satisfactory. 388
8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 389
surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 390
limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of w hich 391
Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New 392
ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown 393
by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer ’s Notice to Terminate or Notice of 394
Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. 395
(Record Title) and § 13 (Transfer of Title), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record 396
Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the 397
earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice 398
to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is governed by the 399
provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice 400
of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if 401
any, of third parties not shown by public records of which Buyer has actual knowledge. 402
8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 403
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 404
PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 405
FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 406
CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 407
INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 408
SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 409
TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING 410
FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 411
RECORDER, OR THE COUNTY ASSESSOR. 412
8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing districts 413
that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located 414
within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may 415
terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, 416
Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before 417
ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate 418
would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on 419
or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Tax 420
Certificate and the inclusion of the Property in a special taxing district, if applicable, as satisfactory and Buyer waives any Right to 421
Terminate under this provision. If Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax 422
Certificate, the Tax Certificate will be paid for by Seller. 423
8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first 424
refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a 425
right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of 426
such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase 427
is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly 428
notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred 429
on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in 430
writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline . 431
8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, 432
based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Special Taxing 433
District) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or 434
before the applicable deadline, Buyer has the following options: 435
8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of 436
Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or 437
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before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives 438
Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and 439
waives the Right to Terminate for that reason), on or before ex piration of Title Resolution Deadline. If either the Record Title 440
Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2 . (Record Title) or § 8.3. (Off-Record Title) the 441
Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the 442
applicable documents; or 443
8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before 444
the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 445
8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed 446
carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 447
including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, 448
unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various 449
laws and governmental regulations concerning land use, development and environmental matters. 450
8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE 451
PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF 452
THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER 453
RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL 454
ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM 455
RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, 456
GAS OR WATER. 457
8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 458
ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 459
MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 460
RECORDER. 461
8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 462
TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 463
OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING 464
OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 465
8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 466
INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 467
DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLO RADO OIL 468
AND GAS CONSERVATION COMMISSION. 469
8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or 470
not covered by the owner’s title insurance policy. 471
8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral 472
Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 473
9.NEW ILC, NEW SURVEY.474
9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) 475
New Survey in the form of ___________________________________________; is required and the following will apply: 476
9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The 477
New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date 478
after the date of this Contract. 479
9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before 480
Closing, by: Seller Buyer or: 481
482
483
9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of 484
the opinion of title if an Abstract of Title) and _____________________ will receive a New ILC or New Survey on or before New 485
ILC or New Survey Deadline. 486
9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to 487
all those who are to receive the New ILC or New Survey. 488
9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New 489
Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New 490
Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to 491
Seller incurring any cost for the same. 492
9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. 493
If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer ’s sole subjective discretion, 494
Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 495
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9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 496
9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be 497
shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 498
9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or 499
before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on 500
or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey 501
Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such 502
termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). 503
DISCLOSURE, INSPECTION AND DUE DILIGENCE 504
10.PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF505
WATER.506
10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to Buyer 507
the most current version of the applicable Colorado Real Estate Commission ’s Seller’s Property Disclosure form completed by Seller 508
to Seller’s actual knowledge and current as of the date of this Contract. 509
10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer 510
any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material 511
facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely 512
disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing 513
or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that 514
Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 515
10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections 516
(by one or more third parties, personally or both) of the Property , Leased Items, and Inclusions (Inspection), at Buyer’s expense. If 517
(1) the physical condition of the Property, including, but not limited to, the roof, w alls, structural integrity of the Property, the518
electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased519
Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g.,520
heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or521
noise (whether on or off the Property) and its effect or expected ef fect on the Property or its occupants is unsatisfactory, in Buyer’s522
sole subjective discretion, Buyer may:523
10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, 524
pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver 525
an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller 526
pursuant to § 10.3.2.; or 527
10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written 528
description of any unsatisfactory condition that Buyer requires Seller to correct . 529
10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection 530
Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, 531
this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection 532
Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision 533
prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by 534
executing an Earnest Money Release. 535
10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement 536
between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at 537
Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer 538
must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, 539
protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such 540
Work, claim, or lien. This indemnity includes Seller ’s right to recover all costs and expenses incurred by Seller to defend against 541
any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and 542
expenses. The provisions of this Section survive the termination of this Contract. This § 10.4 . does not apply to items performed 543
pursuant to an Inspection Resolution. 544
10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination 545
Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance 546
(Property Insurance) on the Property, in Buyer’s sole subjective discretion. 547
10.6. Due Diligence. 548
10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information 549
pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery 550
Deadline: 551
63
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10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy 552
agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing 553
are as follows (Leases): 554
555
556
10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be 557
transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal pro perty to 558
Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the Seller’s obligations 559
under such leases for the Leased Items (§ 2.5.7., Leased Items). 560
561
10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered 562
pursuant to § 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other 563
documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will 564
Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 565
566
10.6.1.4. Other Documents. Other documents and information: 567
568
569
570
571
10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due 572
Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective 573
discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 574
10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; 575
or 576
10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any 577
unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 578
10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by 579
Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement 580
thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents 581
Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such 582
termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 583
10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property 584
owned by Buyer and commonly known as . Buyer has 585
the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale 586
Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not 587
receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this 588
provision. 589
10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not 590
acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for 591
the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. 592
Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 593
WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO 594
DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 595
10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 596
10.10. Lead-Based Paint. 597
10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings 598
constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate 599
licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based Paint 600
Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely 601
receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of 602
Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 603
10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the 604
Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s 605
receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. Buyer may 606
elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead -Based Paint 607
or Lead-Based Paint hazards. If Seller does not receive Buyer ’s Notice to Terminate within such time, Buyer accepts the condition 608
of the Property relative to any Lead-Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 609
64
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10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a 610
fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties 611
acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within 612
fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 613
10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, 614
disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Prope rty was 615
remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further 616
acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property ha s ever 617
been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written 618
Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer ’s test results that indicate the Property 619
has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State 620
Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of 621
the test. 622
11.TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted]623
CLOSING PROVISIONS 624
12.CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING.625
12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable626
the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is 627
obtaining a loan to purchase the Property, Buyer acknowledges Buyer ’s lender is required to provide the Closing Company, in a 628
timely manner, all required loan documents and financial information concerning Buyer ’s loan. Buyer and Seller will furnish any 629
additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer a nd 630
Seller will sign and complete all customary or reasonably required documents at or before Closing. 631
12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with 632
this Contract. 633
12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as 634
the Closing Date or by mutual agreement at an earlier date . At Closing, Seller agrees to deliver a set of keys for the Property to 635
Buyer. The hour and place of Closing will be as designated by ________________________________________. 636
12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between 637
different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 638
12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer 639
must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such 640
leases for the Leased Items accepted by Buyer pursuant to § 2.5.7 . (Leased Items). 641
13.TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender642
of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing:643
special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s deed644
____________________________ deed. Seller, provided another deed is not selected, must execute and deliver a good and645
sufficient special warranty deed to Buyer, at Closing.646
Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general647
warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S.648
14.PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens649
or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special650
improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid651
at or before Closing by Seller from the proceeds of this transaction or from any other source.652
15.CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND653
WITHHOLDING.654
15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective c losing costs and all other items required 655
to be paid at Closing, except as otherwise provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits 656
Buyer from paying for any of the fees contained in this Section, the fee s will be paid for by Seller. 657
15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller 658
One-Half by Buyer and One-Half by Seller Other . 659
15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to 660
promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees 661
associated with or specified in the Status Letter will be paid as follows: 662
65
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15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer 663
Seller One-Half by Buyer and One-Half by Seller N/A. 664
15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer 665
and One-Half by Seller N/A. 666
15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than 667
Association Assessments as defined in § 16.2. (Association Assessments), reserves or working capital due at Closing must be paid 668
by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 669
15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by 670
Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 671
15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by 672
Buyer and One-Half by Seller N/A. 673
15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 674
Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 675
15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, 676
such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller 677
One-Half by Buyer and One-Half by Seller N/A. 678
15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed 679
$____________ for: 680
Water Stock/Certificates Water District 681
Augmentation Membership Small Domestic Water Company 682
and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 683
15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer m ust be 684
paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 685
15.9. FIRPTA and Colorado Withholding. 686
15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller ’s proceeds be 687
withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liabl e for the 688
amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign 689
person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign 690
person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably 691
requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to 692
withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or 693
if an exemption exists. 694
15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds 695
be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to 696
cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller ’s status. If withholding 697
is required, Seller authorizes Closing Company to withhold such amount from Seller ’s proceeds. Seller should inquire with Seller’s 698
tax advisor to determine if withholding applies or if an exemption exists. 699
16.PRORATIONS AND ASSOCIATION ASSESSMENTS.700
16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided:701
16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any , and general real estate taxes 702
for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy 703
and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled 704
veteran exemption or Other . 705
16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit 706
to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in 707
writing of such transfer and of the transferee ’s name and address. 708
16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and _________________. 709
16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 710
16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in 711
advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred mai ntenance 712
by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer 713
acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special 714
assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any 715
special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether 716
assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents 717
there are no unpaid regular or special assessments against the Property except the c urrent regular assessments and 718
______________________________. Association Assessments are subject to change as provided in the Governing Documents. 719
66
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17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, 720
subject to the Leases as set forth in § 10.6.1.1. and, if applicable, any Post-Closing Occupancy Agreement. 721
If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally 722
liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ per day (or any part of a day 723
notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered. 724
Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then 725
Buyer Does Not represent that Buyer will occupy the Property as Buyer’s principal residence. 726
If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. 727
GENERAL PROVISIONS 728
18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND 729
WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the 730
condition existing as of the date of this Contract, ordinary wear and tear excepted. 731
18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss 732
prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the 733
damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, 734
will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on 735
or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect 736
to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proc eeds that were 737
received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any 738
deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received 739
the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to 740
Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s 741
insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney 742
requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such 743
damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 744
18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 745
system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 746
of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 747
or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 748
replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 749
Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or be fore 750
Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the 751
option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such c redit must 752
not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive 753
Closing. 754
18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 755
result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation 756
action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s 757
sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and 758
Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in th e value 759
of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 760
18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the 761
Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 762
18.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be 763
purchased and may cover the repair or replacement of such Inclusions. 764
19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that 765
their respective broker has advised that this Contract has important legal consequences and has recommended : (1) legal examination 766
of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal 767
and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded 768
in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be 769
engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must 770
be complied with. 771
772
20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. 773
This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored 774
67
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 16 of 19
or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party 775
has the following remedies: 776
20.1. If Buyer is in Default: 777
20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid 778
by Buyer) will be paid to Seller and retained by Seller . It is agreed that the Earnest Money is not a penalty, and the Parties agree the 779
amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat 780
this Contract as being in full force and effec t and Seller has the right to specific performance or damages, or both. 781
20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may 782
cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that 783
the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is 784
fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to 785
perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages . 786
20.2. If Seller is in Default: 787
20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case 788
all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. 789
Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after 790
Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance 791
or damages, or both. 792
20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to 793
include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or 794
repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such 795
failures to perform under this Contract after Closing . Buyer’s rights to pursue the Seller for Seller’s failure to perform under this 796
Contract are reserved and survive Closing. 797
21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration 798
or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all 799
reasonable costs and expenses, including attorney fees, legal fees and expenses. 800
22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties 801
must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps 802
to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is 803
binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator 804
and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire 805
dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the o ther at that 806
party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a 807
lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This 808
Section will not alter any date in this Contract, unless otherwise ag reed. 809
23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest 810
Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy rega rding 811
the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective 812
discretion, has several options: (1) wait for any proceeding between Buyer and Seller ; (2) interplead all parties and deposit Earnest 813
Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and 814
legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of 815
the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one 816
hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earne st 817
Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time 818
of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the 819
obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 820
24. TERMINATION. 821
24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the 822
termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written 823
notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not rec eived on or 824
before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory 825
and waives the Right to Terminate under such provision. 826
24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely 827
returned to Buyer, the parties are relieved of all obligations hereunder, subject to §§ 10.4. and 21. 828
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CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 17 of 19
25.ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified829
addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining830
thereto, whether oral or written, have been merged and integrated into this Contract . No subsequent modification of any of the terms831
of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any rig ht or832
obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same.833
Any successor to a party receives the predecessor’s benefits and obligations of this Contract.834
26.NOTICE, DELIVERY AND CHOICE OF LAW.835
26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in836
§26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or837
notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing838
must be received by the party, not Broker or Brokerage Firm).839
26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or 840
Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Bro ker 841
working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not 842
Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or _________________________________. 843
26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by : (1) email at the email address 844
of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the 845
documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 846
26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with 847
the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 848
located in Colorado. 849
27.NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and850
Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before851
Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and852
Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such853
copies taken together are deemed to be a full and complete contract between the parties.854
28.GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited855
to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance,856
Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due857
Diligence and Source of Water.858
ADDITIONAL PROVISIONS AND ATTACHMENTS 859
29.ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate860
Commission.)861
862
863
864
865
866
867
868
869
870
871
30.OTHER DOCUMENTS.872
30.1. Documents Part of Contract. The following documents are a part of this Contract:873
30.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 874
the Post-Closing Occupancy Agreement is a part of this Contract. 875
876
877
878
879
30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: 880
69
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 18 of 19
881
882
883
SIGNATURES 884
885
Buyer’s Name: Buyer’s Name:
Buyer’s Signature Date Buyer’s Signature Date
Address: Address:
Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:
[NOTE: If this offer is being countered or rejected, do not sign this document.] 886
Seller’s Name: Seller’s Name:
Seller’s Signature Date Seller’s Signature Date
Address: Address:
Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:
887
END OF CONTRACT TO BUY AND SELL REAL ESTATE 888
BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
A. Broker Working With Buyer
Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest
Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder ’s receipt of the executed
written mutual instructions, provided the Earnest Money check has cleared.
Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction.
Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship with Seller.
Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Firm Buyer Other .
This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for
compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this
provision.
70
CBS1--6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 19 of 19
Brokerage Firm’s Name:
Brokerage Firm’s License #:
Broker’s Name:
Broker’s License #:
Broker’s Signature Date
Address:
Phone No.:
Fax No.:
Email Address:
B. Broker Working with Seller
Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Fir m is the Earnest
Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as dire cted by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder ’s receipt of the executed
written mutual instructions, provided the Earnest Money check has cleared.
Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction.
Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer.
Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other .
This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for
compensation. Any compensation agreement between the broke rage firms must be entered into separately and apart from this
provision.
Brokerage Firm’s Name:
Brokerage Firm’s License #:
Broker’s Name:
Broker’s License #:
Broker’s Signature Date
Address:
Phone No.:
Fax No.:
Email Address:
889
71
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Matters and Status Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
221220 Matters.pdf
72
COUNCIL MATTERS
Status Report
Report for Dec. 20, 2022
o W. Vail Frontage Rd. Safety: Town Council inquired about the possibility of
better signage or lights for pedestrian crossing near Safeway from the south side
of the road to the bus stop. We designed and bid out adding curb bump outs and
Rapid Flashing Beacons at the Safeway crossing this past summer to be
installed in the fall but couldn’t get any contractors to bid on the project. In the
meantime, we can talk to the Streets department about putting the center
pedestrian crossing panels up, but they would have to be moved out of the way
for snow removal from time to time.
• Pride Flag: Town Council directed staff to look into displaying a Pride flag in or
about town property. Town staff is researching various locations and will report
back when this request is complete.
o “Smell” near Gore Creek at Slifer Square: We added venting this past fall and
will make some adjustments to see if we can get it working better. In the
meantime, we have a contractor sucking out the water quality vault right now.
Town Council Action Plan Updates
Each month town staff will update the Town Council Action Plan document as projects
and initiatives move forward or are updated. Below is a link to the timeline and “live”
document:
https://www.vailgov.com/government/town-council-meeting-registration/town-council-
priorities
In the News______________________________________________________
Dec. 2
Most resilient ski towns
https://snowbrains.com/these-5-ski-resorts-are-the-most-resilient-to-climate-change-in-north-america/
Fall from top 20 rankings
https://snowbrains.com/vail-mountain-falls-off-top-20-rankings-no-apparent-impact-on-visitation/
73
Dec. 3
Disposable bag regs
https://www.vaildaily.com/news/vail-to-consider-changes-to-disposable-bag-regulations/
Dec. 5
Housing series kickoff - editorial
https://www.vaildaily.com/opinion/peterson-working-harder-than-ever-to-make-it/
Dec 6
First look at Steward Vail plan
https://www.vaildaily.com/news/vail-town-council-to-take-first-look-at-steward-vail-plan/
https://www.aspentimes.com/news/in-brief-36/
Dec. 8
Vail Mountain Update to Council
https://www.vaildaily.com/news/vail-mountains-beth-howard-reports-off-the-charts-excitement-
energy-for-resorts-60th-season/
Shop with a Cop Success
https://www.vaildaily.com/news/eagle-countys-shop-with-a-cop-holiday-event-is-the-biggest-yet/
Dec. 10
Town Budget Adoption
https://www.vaildaily.com/news/how-vail-intends-to-spend-budgeted-95-6-million-in-2023/
Trailblazer Award
https://www.vaildaily.com/news/vail-accepting-nominations-for-vail-trailblazer-award-through-jan-6/
What to expect at ski areas this season
https://www.cntraveler.com/story/americas-ski-towns-jam-packed-season-heres-what-to-expect
Dec. 12
Short Term Rentals for essential employees
https://www.vaildaily.com/news/vail-calls-on-short-term-rental-owners-to-help-amid-housing-staffing-
crisis/
https://unofficialnetworks.com/2022/12/11/vail-ask-property-owners-help/
Plastic Bag Regulations
74
https://www.vaildaily.com/news/vail-to-increase-and-expand-disposable-bag-fees-bans-at-start-of-
2023/
Wintertime Bavarian Flair
https://www.denverpost.com/2022/12/12/guide-to-vail-restaurants-hotels-things-to-do-colorado/
Dec. 13
Diamond Jubliee - opinion
https://www.vaildaily.com/opinion/carnes-diamond-not-exactly-in-the-rough-jubilee/
Most Expensive Ski Towns
https://snowbrains.com/most-expensive-ski-towns-in-the-united-states1/
Dec. 15
Vail at 60
https://www.vaildaily.com/news/vail-at-60-stories-from-those-who-helped-create-the-worlds-greatest-
ski-resort/
Upcoming Events
o Jan 10 – Recognition of Police Chief Dwight Henninger for his service as
the President of the International Association of Chiefs of Police.
Where: Donovan Pavilion, 5pm – 6pm for Town staff; 6pm – 7pm open to
the public.
o Jan 17 – Town Council Retreat. To be held at the Grand View in
Lionshead. Time to be announced, however will be in the morning due to
Council afternoon session later that day.
75
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Parking Update
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
76
AGENDA ITEM NO. 5.3
Item Cover Page
DATE:December 20, 2022
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Strategic Planning Session Update
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
77
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:December 20, 2022
TIME:15 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 62, Series of 2022, A Resolution of the Vail Town
Council Approving an amendment to the Vail Land Use Plan Map
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 62,
Series of 2022
PRESENTER(S):Greg Roy, Senior Planner
STAFF RECOMMENDATION:The Planning and Environmental Commission held a public hearing
on the proposed Land Use Plan Map Amendment on December 12,
2022 where a recommendation for approval was forwarded to the Vail
Town Council by a vote of 4-2-0 (Pratt and Perez opposed).
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 62 Staff Memorandum .pdf
Attachment A. Resolution No. 62, Series of 2022.pdf
Attachment B. Proposed Land Use Map Amendment 12-13-22.pdf
Attachment C. Applicant Narrative 120122.pdf
Attachment D. PEC Minutes from Meeting on 12-12-2022.pdf
Attachment E. Staff Memorandum PEC22-0018.pdf
Public Input
78
TO: Town Council
FROM: Community Development Department
DATE: December 20, 2022
SUBJECT: Resolution No. 62, Series of 2022, a resolution of the Vail Town Council
approving an amendment to the Vail Land Use Plan Map. PEC22-0018
Applicant: Town of Vail, represented by Community Development
Director Matt Gennett
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, represented by Community Development Director Matt
Gennett, is requesting approval of Resolution No. 62, Series of 2022, a resolution of the
Vail Town Council approving an amendment to the Vail Land Use Plan Map.
The Planning and Environmental Commission held a public hearing on the proposed
Land Use Plan Map Amendment on December 12, 2022 where a recommendation for
approval was forwarded to the Vail Town Council by a vote of 4-2-0 (Pratt and Perez
opposed).
Included with this memorandum are the following for review by the Town Council:
A. Resolution No. 62, Series of 2022
B. Proposed Land Use Map Amendment 12-13-22
C. Applicant Narrative, 12-01-2022
D. PEC Minutes from Meeting on 12-12-2022
E. Staff Memorandum, PEC22-0018
II. ACTION REQUESTED OF TOWN COUNIL
The Vail Town Council shall approve, approve with modifications, or deny Resolution
No. 62, Series of 2022.
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Town of Vail Page 2
IIl. BACKGROUND
The property was annexed into the Town of Vail in 1968 with Ordinance No. 8, Series of
1969. In 1974, the property was deeded to the Town of Vail as part of an agreement
with Vail Associates Inc. The land use is believed to have been enacted with the original
annexation of the property. In 2002, the property was subdivided to create Lots 1 and 2
to hold the Middle Creek Housing and the site of the telecom tower. In 2020, Lot 3 was
subdivided out of the larger Lot 1.
In 2001, the PEC recommended approval of the land use change and rezoning of Lot 1
to accommodate the Middle Creek Housing project. Originally the site had a land use
designation of Open Space and was amended to be High Density Residential. Similarly,
the original zoning was Natural Area Preservation and the site was rezoned to Housing.
At the September 26th, 2022 PEC meeting, the Commission requested additional
materials to be provided with the application, including an Environmental Impact Report,
a map of the hazards in the area and a map of the slope of the site. The maps and a
summary of the EIR are included as attachment C and D.
The analysis in the EIR summary includes the environmental conditions that were
studied and potential impacts of development in the area. A general summary of the
impacts that may result from the development of the property shows modest impacts
that are to be expected with development of previously vacant land. There are not any
significant concerns or impacts noted in the attached summary.
lV. REVIEW CRITERIA
Any amendments to the Land Use Plan require a public process. Adjacent properties
are notified, and the Planning and Environmental Commission holds a public hearing
and makes a recommendation to the Town Council on the proposal. The Town Council
adopts the changes by resolution. Any changes to the Land Use Plan must address the
following three criteria:
1. How conditions have changed since the plan was adopted
The Vail Land Use Plan was originally adopted in 1986 and updated in 2009.
Since that time, there have been several approvals and subsequent development
in the immediate area that have changed the land use in the area.
In 2001, the Vail Town Council, upon a recommendation from the Planning and
Environmental Commission, approved a land use amendment, rezoning, and
subdivision for the original Middle Creek Housing site. At that time, the entire
property was in the Open Space land use category and zoned Natural Area
Preservation. The approved amendments and the subsequent development of
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Town of Vail Page 3
the lot was a change that was not in place in 1969 when the plan was originally
adopted. That is an example of how the need for housing spurred a change that
the Land Use Plan did not contemplate when it was adopted. Similar to today,
there was another increase in the need for housing that was not present at the
most recent update of the Land Use Plan.
In 2020, a portion of the site, Lot 1 Middle Creek Subdivision, was subdivided to
allow for the development of the Residences at Main Vail. Lot 1 did not require a
land use amendment but illustrated the need for additional housing sites that
were not contemplated in the adopted land use plan. It shows how the current
need for housing is renewing the search for potential housing sites.
Completed in 2019, Solar Vail, a privately owned employee housing
development, replaced a smaller project in an effort to provide additional housing
units for employees of in-town businesses.
Staff finds that the proposed land use amendment conforms to this criterion.
2. How the plan is in error
The original land use plan adopted in 1986 had the area changed to High Density
Residential and the adjacent Middle Creek site designated as open space. A
portion of that has since been amended and is recognized as suitable for high
density residential. Staff believes the plan is in error for not recognizing additional
areas of the site that are directly adjacent to the right-of-way as land that is also
suitable for high density residential and other public/semi-public uses.
As the need for housing has increased, the reassessment of previously
designated sites has been needed to determine if there are specific areas within
these sites that might be suitable for development. The subject areas of the lot
proposed for the land use change were identified as developable portions.
The amendment and development of Middle Creek followed by the additional
development of Residences at Main Vail supports the position that the area
adjacent to the frontage road is a suitable location for development as it
continues to be built upon.
In “Chapter Vll – Community Facilities” of the Land Use Plan there is a section on
Facility/Service Requirements that notes the demand for various community
facilities. One of the types of facilities studied were schools in the town and
surrounding areas. The Plan projected that sufficient schools, and sites for future
schools, existed and that there was no need for additional facilities. Recent
reports have shown that additional childcare and early childhood education
facilities are needed. The site proposed for Public/Semi Public land use would be
appropriate to use for a new facility to provide additional education services.
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Town of Vail Page 4
Staff finds that the proposed land use amendment conforms to this criterion.
3. How the addition, deletion, or change to the plan is in concert with the plan
in general
Staff has identified the following objectives and goals, which staff believes are
relevant to this proposal from the Vail Land Use Plan.
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
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.
5.4. Residential growth should keep pace with the marketplace demands for a full range
of housing types.
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.
Staff finds that the proposed land use amendment conforms to this criterion.
V. RECOMMENDED MOTION
Should the Town Council choose to approve Resolution No. 62, Series of 2022, the
Planning and Environmental Commission recommends the Council pass the following
motion:
“I move to approve Resolution No. 62, Series of 2022 a resolution of the Vail
Town Council approving an amendment to the Vail Land Use Plan Map and
setting forth details in regard thereto”
Should the Town Council choose to approve Resolution No. 62, Series of 2022,
the Planning and Environmental Commission recommends the Council makes
the following findings:
“Based upon the review of the criteria outline in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated December
12th, 2022, and the evidence and testimony presented, the Town Council finds:
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1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendment does further the general and specific purposes of the
zoning regulations; and
3. That the amendment does promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
Vl. ATT ACHMENTS
A. Resolution No. 62, Series of 2022
B. Proposed Land Use Map Amendment 12-13-22
C. Applicant Narrative, 12-09-2022
D. PEC Minutes from Meeting on 12-12-2022
E. Staff Memorandum, PEC22-0018
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RESOLUTION NO. 62
SERIES 2022
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
AMENDMENT TO THE VAIL LAND USE PLAN MAP
WHEREAS, on November 18, 1986, by Resolution 27, Series of 1986, the Vail
Town Council adopted the Vail Land Use Plan Map; and
WHEREAS, on December 12, 2022, the Planning and Environmental Commission
moved to forward a recommendation of approval of a Land Use Plan Map Amendment to
the Vail Town Council.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. Having reviewed the Land Use Plan Map Amendment, and
considered the recommendation of the Planning and Environmental Commission and
Town staff, the Town Council finds as follows:
a. The Amendment meets the Town's goals and objectives.
b. The Amendment is consistent with the Vail Comprehensive Plan and the
priorities of the Vail Town Council Action Plan.
Section 2. Based on the foregoing findings, the Vail Town Council hereby
adopts the Land Use Plan Map Amendment.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER,
2022.
______________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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N FRONTAGE RD W
I 70 WestboundI 70 Eastbound
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I
Subject Property
0 100 200 30050Feet
L a n d U s e A m e n d m e n t P r o p o s a lLand U s e A m e n d m e n t P r o p o s a lMiddle C r e e k S u b d i v i s i o n - T r a c t AMiddle C r e e k S u b d i v i s i o n - T r a c t A
1 9 9 N o r t h F r o n t a g e R o a d W e s t199 N o r t h F r o n t a g e R o a d W e s t
Proposed parcels carvedfrom Tract A
(Lot 5)
(Lot 4)
N FRONTAGE RD W
I 70 WestboundI 70 Eastbound
S FRONTAGE RD W
This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly. Th e To wn of Va il does n ot wa rrant th e a ccu ra cy of the informatio n containe d herein.(whe re shown, parcel lin e w ork is ap pro ximate)
Last Modified: December 13, 2022
Proposed
Existing
High Density Residential Open Space Public/Semi-Public Medium Density Residential
85
WEST MIDDLE CREEK
Applications for a Requested Land Use Plan
Amendment, Minor Subdivision & Rezoning
December 1, 2022
Applicant: Town of Vail
Represented by: Matt Gennett
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I. PURPOSE
The purpose of this document is to forward the request for approval of three development
applications intended to facilitate a future opportunity to develop 100% resident-occupied,
deed-restricted homes for Vail residents on the West Middle Creek Parcel.
The three development applications include:
• A request for a Vail Land Use Plan Amendment amending a portion of Tract A,
Middle Creek Subdivision from Open Space Designation to High Density
Residential Designation.
• A request for a minor subdivision establishing an amended final plat for Tract A,
Middle Creek, Subdivision, to create Lots 4 and 5, Middle Creek Subdivision.
• A request to rezone the new Lot 4, Middle Creek Subdivision, from the Natural
Area Preservation (NAP) zone district to the General Use (GU) zone district; and,
Lot 5, Middle Creek Subdivision, from the Natural Area Preservation (NAP) zone
district to the Housing (H) zone district.
II. BACKGROUND
The Vail Housing 2027 Strategic Plan was adopted on behalf of the Vail community by
the Vail Town Council in 2017. Adopted as a strategic plan, the plan emphasizes taking
strategic actions to maintain and sustain the community through the creation and support
of resident housing in Vail.
In adopting the Plan, a housing goal of acquiring 1,000 additional resident housing unit
deed restrictions by the year 2027 was established. The Plan acknowledged that
previously adopted housing policies, programs and practices have not yielded the desired
results. To realize desired results community leaders needed to change their approach
to housing policies, programs, and practices. More importantly, community leaders
needed to take proactive strategic actions without further delay to increase the supply of
resident housing in Vail. The three development applications referenced above are a
proactive strategic action by the Town of Vail in furtherance of achieving the Town’s
housing goal.
On December 15, 2020, the Vail Town Council directed staff to proceed with applications
necessary to facilitate a future opportunity to develop 100% resident-occupied, deed-
restricted homes for Vail residents on the West Middle Creek Parcel. The Vail Town
Council instructed the town staff to take the actions necessary to achieve the housing
goals stated in the 2018-2020 Council Action Plan and Vail Housing 2027 Strategic Plan.
Lots 4 and 5, Middle Creek Subdivision, will be smaller platted portions of the larger Tract
A, Middle Creek Subdivision. Tract A is owned by the Town of Vail. As the owner of Tract
A, the Vail Town Council, acting on behalf of the owner, is authorized to submit these
three applications for West Middle Creek Parcel.
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Tract A was purchased by the Town of Vail on July 1, 1993. Tract A was purchased with
the use of Real Estate Transfer Tax (RETT) funds. Upon purchase, and consistent with
the recommendations of the 1994 Comprehensive Open Lands Plan, Tract A was
rezoned from Agricultural and Open Space (AOS) to Natural Area Preservation (NAP),
via Ordinance No. 19, Series of 1995. While a separate matter outside the purview and
review criteria of the Town of Vail Planning & Environmental Commission, a legal opinion
has been provided acknowledging, that if the three development applications are
approved as submitted, the Town of Vail shall be required to reimburse the RETT fund
for the value of the West Middle Creek Parcel. Established Housing Mitigation funds are
the most likely source of funding to accomplish the required reimbursement.
On September 26, 2022, the PEC reviewed the subject applications and unanimously
voted to table them after giving direction to provide further information, including: an
Environmental Impact Report (EIR), steep slope analysis, and hazard maps. The
requested information is attached to the staff report.
III. SUMMARY OF THE APPLICATIONS
The following section of this document provides a written summary of the three
development applications. The development applications are summarized and listed in
the order of intended review. Title 12 of the Vail Town Code (VTC) requires the Town of
Vail Planning & Environmental Commission to review and act on each of the applications
even as the Land Use Plan Amendment and the Rezoning requests require additional
review and final action by the Vail Town Council.
I. Vail Land Use Plan Amendment Request:
The application package includes a proposal to amend the Future Land Use Map for a
portion of Tract A, Middle Creek Subdivision, to change the land use designation of the
proposed new Lot 4 from Open Space to Public/Semi-Public, and the designation of the
new Lot 5 from Open Space to High Density Residential. The portion of Tract A to be
amended is that area comprised of the proposed Lots 4 and 5 (see minor subdivision
request below). According to the Vail Land Use Plan, the proposed land use designation
of High Density Residential for Lot 5 is intended for multi-floor residences with a density
greater than 15 dwelling units per acre; and the proposed land use designation of
Public/Semi-Public includes schools. According to the adopted Future Land Use Plan, the
Middle Creek Village Apartment development site to the east of the proposed Lots 4 and
5 is designated High Density Residential, while the Solar Vail Apartment development
site to the west has a designation of Medium Density Residential. The land use plan
amendment request provides consistency and compatibility with adopted future land use
designations and is consistent with the municipal development objectives of the Town of
Vail.
The portion of Tract A to be amended from Open Space to Public/Semi-Public is limited
to the 1.672 acres of proposed Lot 4 and the 2.296 acres of the proposed Lot 5 from Open
Space to High Density Residential. The land use designation of the remainder of Tract A
is not proposed to be amended at this time. Based upon a West Middle Creek Site
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Feasibility Study funded by the Vail Town Council and completed by the Town of Vail
Community Development Department in 2017, it was determined that the area of the
proposed Lot 5 of Tract A is the most developable portion of Tract A based on site
suitability, vehicular accessibility, topography, natural vegetation, site orientation, steep
slopes, and adjacency to existing CDOT right of way.
Lastly, the Vail Land Use Plan Amendment request is in direct response to a growing
need to increase the supply of resident-occupied, deed-restricted homes in Vail as well
as the scarcity of vacant, town-owned land suitable for residential development. The
requested amendments further the Town’s housing goals, as stated in Council’s 2018-
2020 Action Plan and the Vail Housing 2027 Strategic Plan.
II. Minor Subdivision Request:
This Minor Subdivision application request proposes to subdivide Tract A, Middle Creek
Subdivision (17.2 acres) into three parcels: Tract A (13.257 acres), Lot 4 (1.672 acres)
and Lot 5 (2.296 acres). The sole purpose of this application is to subdivide portions of
Tract A to create a development lot to accommodate a future housing development and
a lot to enable access and provide a site for future early childhood learning.
The minor subdivision to create Lots 4 and Lot 5 have concurrently proposed zone district
boundary amendments to zone these two new lots to the General Use (GU) and Housing
(H) zone districts, respectively. Neither the General Use (GU) or Housing (H) zone
districts prescribe a minimum lot size requirement. For comparison, below are the
approximate lot sizes of other parcels in the Housing (H) District:
• Solar Vail – 43,600 SF
• Middle Creek – 200,520 SF
• Middle Creek Lot 3 – 90,150 SF
• Chamonix at Vail – 139,260 SF
• Booth Heights – 235,090 SF
Criteria for Review of a Minor Subdivision Application:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the
town;
As part of the General Growth/Development goals of The Vail Land Use Plan, the Town
is encouraged to grow in such a way as to maintain “a balance between residential,
commercial, and recreational uses”. The Minor Subdivision of the proposed Lot 4 and 5
parcels helps to improve upon this balance. Presently, there are more than 7,200 dwelling
units in the Town of Vail. Of the 7,200 dwelling units, approximately 950, or roughly 13%,
of the dwelling units are deed-restricted for resident occupancy. The Vail Town Council
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has adopted a goal of increasing the number of dwelling units in the Town of Vail
dedicated to resident occupancy to 1,700.
While the Vail Land Use Plan discourages the development of Town-owned lands where
high geological hazards may exist, this plan also states that “additional employee housing
needs should be accommodated at varied sites throughout the community”, which is what
this subdivision and new development lot aims to accomplish. Chapter 21, Hazard
Regulations, prescribes standards by which potential geologic hazards must be mitigated.
2. The extent to which the proposed subdivision complies with all of the standards
of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code,
and other pertinent regulations that the planning and environmental commission
deems applicable;
The lot size and site dimensions for a property located within the Housing (H) District are
proposed by the applicant and set by the Planning & Environmental Commission. The
proposed lot sizes of Lots 4 and 5 are compatible with the size and dimensions of similar
lots presently located within the Housing (H) and General Use zone districts. Lots 4 and
5 are adequately sized for deed-restricted residential development, access, and early
childhood learning.
While Lots 4 and 5 are potentially impacted by geologic hazards and steep slopes as set
forth in Chapter 21, the lots are developable with required mitigation. Lots 4 and 5 comply
with the standards of Title 12 of the Vail Town Code.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Given the proximity to Middle Creek Village Apartments and the Solar Vail Apartments,
to the west, and I-70 along the southern property line, Lots 4 and 5 provide a harmonious,
convenient, and workable relationship among adjacent land uses and are consistent with
municipal development objectives. A longstanding development objective of the Town is
to provide for the development of residential properties intended for occupancy by year-
round Vail residents. This has been a community objective of the Town as far back as the
adoption of The Vail Plan in 1972. The proposed subdivision is consistent with municipal
objectives for the establishment of additional resident-occupied housing in the Town of
Vail.
4. The extent of the effects on the future development of the surrounding area;
The creation of Lots 4 and 5 will not have any negative effects on the future development
of the surrounding area. The area of Lots 4 and 5 is unique to the surrounding areas to
the north and west, as these new lots will contain the flattest portion of Tract A and avoid
any negative impacts to the riparian corridor and floodplain of Middle Creek. Other areas
of Tract A are not as feasible for development and access.
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5. The extent to which the proposed subdivision is located and designed to avoid
creating spatial patterns that cause inefficiencies in the delivery of public services,
or require duplication or premature extension of public facilities, or result in a
"leapfrog" pattern of development;
Lots 4 and 5 are adjacent to Lot 1 and Lot 2, Middle Creek Subdivision. Municipal
services and necessary utilities are immediately adjacent to the site. The creation of Lot
4 will result in a continuation of residential development along the North Frontage Road
and provide a future site for early childhood learning while not creating a “leapfrog” pattern
of development.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines;
Lots 4 and 5 are located within the identified service areas of Eagle River Water &
Sanitation District, Holy Cross Energy, and Excel Energy (water, sewer, electric, gas).
These new lots are centrally located within the municipal boundaries of the Town of Vail,
and therefore not outside the boundaries of any urban growth boundaries of the Town or
the utility services providers. Existing utility infrastructure and utility easements are
constructed and platted immediately adjacent to Lots 4 and 5. Subject to existing
franchise agreements, the availability of utility services within the Town of Vail is present.
A determination of utility sizing and level of service required will be made by the utility
providers at the time of the development application submittal. The size and level of
services required are based on the scope of development proposed. Development on
Lots 4 and 5 is not imminent and therefore an application for a development plan has not
been submitted.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
The proposed subdivision provides for the growth of an orderly viable community since it
is centrally located in Town, within walking distance of the major employers, and provides
future residents with convenient access to public transit. There is no doubt this subdivision
request serves the best interests of the community. Based upon numerous community
surveys and local employer input, there is an increased need for additional resident-
occupied, deed-restricted homes for Vail residents.
8. The extent to which the proposed subdivision results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features;
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The proposed minor subdivision is limited to the current total acreage of the existing area
of Tract A (17.2 acres). There would be no adverse impacts to water quality, air quality,
noise, vegetation, riparian corridors, hillsides, or other desirable natural features with the
approval of this subdivision request.
III. Rezoning Request:
The Town of Vail requests the PEC forward a recommendation of approval to the Vail
Town Council to rezone Lot 4, Middle Creek Subdivision from Natural Area Preservation
(NAP) to the Housing (H) zone district, Lot 5, Middle Creek Subdivision to the General
Use (GU) zone district, and the remaining portions of Tract A, Middle Creek Subdivision
currently zoned General Use (GU) to the Natural Area Preservation (NAP) zone district.
Prior to 1995, Tract A was zoned Agricultural and Open Space (AOS) District before it
was rezoned to Natural Area Preservation (NAP) District as a recommended action
consistent with the 1994 Comprehensive Open Lands Plan. Since the adoption of the
Comprehensive Open Lands Plan, the Vail Town Council has adopted the 2018 Update
to the Comprehensive Open Lands Plan and the Vail Housing 2027 Strategic Plan.
According to the 1994 Comprehensive Open Lands Plan, Tract A was identified for a
potential rezoning to the Natural Area Preservation (NAP) District due to the
environmental qualities of the Tract.
This application proposes to amend the zone district designations of Tract A, Middle
Creek Subdivision. Tract A is approximately 17.2 acres in size and currently has 12.73
acres zoned Natural Area Preservation (NAP) and 4.47 acres zoned General Use (GU).
The zone district boundaries in the area of Tract A do not follow the property lines and
the area zoned Natural Area Preservation (NAP) is bisected by the area zoned General
Use (GU) zone district. As requested, this application would rezone the 4.47 acres of
General Use (GU) to the Natural Area Preservation (NAP) zone district, rezone 1.672
acres of Lot 4 from the Natural Area Preservation (NAP) zone district to the General Use
(GU) zone district and rezone the 2.296 acres of Lot 5 from Natural Area Preservation
(NAP) to Housing. The proposed rezoning request will result in a net increase of .502
acres of land in Tract A zoned Natural Area Preservation (NAP).
The area of Tract A currently zoned General Use (GU) is primarily comprised of slopes
greater than 40%, with geologic hazards including medium severity rockfall and high
severity debris flow. According to the Vail Town Code, the General Use (GU) District
permits recreational uses such as bicycle and pedestrian paths, and passive outdoor
recreation, but also allows for conditional uses such as parking structures, public
buildings, and healthcare facilities.
Title 12, Zoning Regulations of the Vail Town Code prescribes the criteria and findings to
be evaluated by the Town of Vail Planning & Environmental Commission when forwarding
a recommendation for a zone district boundary amendment to the Vail Town Council. The
following section of the document highlights the criteria for review and includes a
response to the criteria by the applicant.
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Criteria and Findings for Review:
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission and Town Council shall consider the following factors
with respect to the requested zone district boundary amendment:
(1) The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the
town;
This criterion for the zone district amendment is met, provided the Planning &
Environmental Commission recommends approval of the Vail Land Use Plan
amendment, thereby amending the land use designation of Lot 4 from Open Space to
Public/Semi-Public and Lot 5 from Open Space to High Density Residential.
As part of the General Growth/Development goals of Vail Land Use Plan, the Town is
encouraged to grow in such a manner to maintain “a balance between residential,
commercial, and recreational uses”. The rezoning of Lot 4 from Natural Area Preservation
(NAP) to General Use (GU), the rezoning of Lot 5 from Natural Area Preservation (NAP)
to Housing (H), and the remainder of Tract A currently zoned General Use (GU) to Natural
Area Preservation (NAP) improves upon the balance between these uses. Presently,
there are more than 7,200 dwelling units in the Town of Vail. Of the 7,200 dwelling units,
approximately 950, or roughly 13%, of the dwelling units are deed-restricted for resident
occupancy. The Vail Town Council has adopted a goal of increasing the number of
dwelling units in the Town of Vail dedicated to resident occupancy to a total of 1,700 total
by the year 2027.
While the Land Use Plan discourages the development of Town-owned lands where high
geological hazards may exist, the Plan states that “additional employee housing needs
should be accommodated at varied sites throughout the community”. This zone district
boundary amendment achieves this objective. Further, Chapter 21, Hazard Regulations,
prescribes development standards by which potential geologic hazards must be mitigated
in order to support residential development.
(2) The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents;
The requested zone district amendment is consistent with existing and potential land uses
in the vicinity of the site. The easterly property line of Lot 5 is adjacent to the Middle Creek
Village Apartments development, which also has a land use designation of High Density
Residential and is zoned Housing (H) District, and the southerly property line is adjacent
to the I-70/North Frontage Road Right-of-Way. The property line of the Tract A parent
parcel is bordered on the west by the Solar Vail Apartments development which has a
land use designation of Medium Density Residential and is zoned Housing (H) District.
These existing and potential surrounding land uses are both compatible and suitable to
the proposed intended future use of Proposed Lot 4, Middle Creek Subdivision.
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The rezoning of the existing General Use (GU) portion of Tract A to Natural Area
Preservation (NAP) already has an underlying land use designation of Open Space, and
therefore, is well suited and compatible with this rezoning request. In addition, the
ownership and use of the property immediately to the north of the Tract A parcel is U.S.
Forest Service land which makes an appropriate neighboring use for the Natural Area
Preservation (NAP) zone district.
(3) The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Lots 4 and 5 present a harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives. Given the location of Lot 5 in relation
to Middle Creek Village Apartments immediately to the east, Solar Vail Apartments to the
west, and I-70/North Frontage Road right of way along the southern property line, the
rezoning of Proposed Lot 4 to the Housing (H) District presents a harmonious, convenient,
and workable relationship among adjacent land uses and is consistent with municipal
development objectives. A longstanding development objective of the Town is to provide
for the development of residential properties intended for occupancy by year-round Vail
residents. This has been a development objective as far back as the adoption of The Vail
Plan in 1972. The rezoning of a portion of Tract A from General Use (GU) to Natural
Area Preservation (NAP) also presents a harmonious, convenient, and workable
relationship among land uses as the area is bordered to the north by U.S. Forest Service
property and to the east by Spraddle Creek open space. The proposed zone district
boundary amendment is consistent with municipal objectives for the establishment of
additional resident-occupied housing in the Town of Vail.
(4) The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole;
The proposed zone district amendment provides for the growth of an orderly, viable
community since Proposed Lot 4 is centrally located in Town, within walking distance of
major employers, and provides future residents with convenient access to public transit.
There is little doubt this rezoning request serves the best interests of the community as a
whole. Based upon numerous community surveys and local employer input, it is without
question that there is an increasing need for additional resident-occupied, deed-restricted
homes for Vail residents. Approval of this request for a zone district amendment will not
constitute spot zoning as it will result in a larger, contiguous area zoned Housing (H)
District by adjacency to the existing Middle Creek Village Apartments and the Solar Vail
Apartments and is supported explicitly by the Vail Land Use Plan. The rezoning of the
General Use (GU) District portion of Tract A, Middle Creek to Natural Area Preservation
(NAP) District expands areas of town-owned land within the Natural Area Preservation
(NAP) District, and as such, does not constitute spot zoning.
(5) The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features;
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The proposed zone district boundary amendment from Natural Area Preservation (NAP)
to General Use (GU) on Lot 4 is limited to 1.672 acres, and the area rezoned from Natural
Area Preservation (NAP) to Housing (H) is limited to the 2.296 acres of Lot 5. The
remaining 13.257 acres of Tract A is to be zoned to the Natural Area Preservation (NAP)
District with eligibility to become designated open space. To achieve a total of 13.257
acres of Tract A zoned Natural Area Preservation (NAP) District, the current portion zoned
General Use (GU) District will be rezoned to the Natural Area Preservation (NAP) District
as requested by this application. There would be no adverse impacts to water quality, air
quality, noise, vegetation, riparian corridors, hillsides, or other desirable natural features
with the approval of this zone district boundary request.
Proposed Lot 5 is an infill residential development opportunity to increase the supply of
resident-occupied, deed-restricted homes on town-owned land in Vail. Amending the
zone district to the Housing (H) District will not result in adverse impacts on the natural
environment any more so than any other development of an otherwise vacant parcel in
Vail. The most environmentally sensitive portion of Tract A is the riparian corridor along
the Middle Creek drainage. As proposed, the riparian corridor remains in the Natural Area
Preservation (NAP) District. Due to the extreme southern exposure of Tract A, the existing
vegetation in the area of Lots 4 and 5 is primarily a mix of sage, dryland grasses, and
mountain mahogany with a scattering of struggling lodgepole pine planted on the hillside
in 1994 by the Town of Vail. More than 13.257 acres of Tract A will remain covered with
the existing vegetation and undisturbed. Any future development on the hillside area of
Lots 4 and 5 shall be subject to the development standards adopted by the Town of Vail.
(6) The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district;
The purpose of the General Use (GU) zone district is stated in Section 12-6I-1 of the Vail
Town Code as:
“The General Use District is intended to provide sites for public and quasi-public
uses which, because of their special characteristics, cannot be appropriately
regulated by the development standards prescribed for other zoning districts, and
for which development standards especially prescribed for each particular
development proposal or project are necessary to achieve the purposes prescribed
in § 12-1-2 of this title and to provide for the public welfare. The General Use
District is intended to ensure that public buildings and grounds and certain types
of quasi-public uses permitted in the district are appropriately located and designed
to meet the needs of residents and visitors to Vail, to harmonize with surrounding
uses, and, in the case of buildings and other structures, to ensure adequate light,
air, open spaces, and other amenities appropriate to the permitted types of uses.”
The proposed zone district boundary amendment for Lot 4 is consistent with the purpose
of the General Use (GU) zone district and advances the development objectives and
specific purposes of the adopted Zoning Regulations of the Town of Vail, as stated in
Section 12-1-2 of the Vail Town Code.
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The purpose of the Housing (H) zone district is stated in Section 12-6I-1 of the Vail Town
Code as:
“The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot be
adequately regulated by the development standards prescribed for other
residential zone districts. It is necessary in this zone district to provide development
standards specifically prescribed for each development proposal or project to
achieve the purposes prescribed in section 12-1-2 of this title and to provide for
the public welfare. Certain nonresidential uses are allowed as conditional uses,
which are intended to be incidental and secondary to the residential uses of the
district. The housing district is intended to ensure that employee housing permitted
in the zone district is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure adequate
light, air, open spaces, and other amenities appropriate to the allowed types of
uses.”
The proposed zone district boundary amendment for Lot 5 is consistent with the purpose
of the Housing (H) District and advances the development objectives and specific
purposes of the adopted Zoning Regulations of the Town of Vail, as stated in Section 12-
1-2 of the Vail Town Code.
The purpose of the Natural Area Preservation zone district is stated in Section 12-8C-1
of the Vail Town Code as:
“The natural area preservation district is designed to provide areas which, because
of their environmentally sensitive nature or natural beauty, shall be protected from
encroachment by any building or other improvement, other than those listed in
section 12-8C-2 of this article. The natural area preservation district is intended to
ensure that designated lands remain in their natural state, including reclaimed
areas, by protecting such areas from development and preserving open space.
The natural area preservation district includes lands having valuable wildlife
habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and
areas with significant environmental constraints. Protecting sensitive natural areas
is important for maintaining water quality and aquatic habitat, preserving wildlife
habitat, flood control, protecting view corridors, minimizing the risk from hazard
areas, and protecting the natural character of Vail which is so vital to the town's
tourist economy. The intent shall not preclude improvement of the natural
environment by the removal of noxious weeds, deadfall where necessary to protect
public safety or similar compatible improvements.”
The proposed zone district boundary amendment for the portion of Tract A currently
zoned General Use (GU) to the Natural Area Preservation (NAP) is consistent with this
purpose due to the preponderance of slopes greater than 40%. This proposed Natural
Area Preservation (NAP) zoning is buffered from the existing Mountain Bell Tower site
and the Middle Creek Village Apartments by existing setbacks.
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(7) The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate;
Conditions have changed significantly in the 25 years since Tract A was rezoned from the
Agricultural and Open Space (AOS) District to the Natural Area Preservation (NAP)
District. For nearly five decades, the lack of availability of housing has been an ongoing
concern of the Vail community. What began as a need to ensure safe and adequate
housing for a seasonal workforce, has grown into a region-wide deficit of more than 5,000
homes within the Valley. The lack of availability of housing remains one of the foremost
critical issues facing the Vail community as cited by respondents to community surveys.
As the Town of Vail has become more populated the demand for housing in the Town of
Vail has grown at a corresponding rate. The rate of development of free-market dwelling
units over the past four decades has far outpaced the rate of development of resident-
occupied, deed-restricted homes, causing a significant deficit within the Vail community.
The Vail Town Council has made housing a top priority in the 2018-2020 Action Plan and
the Vail Housing 2027 Strategic Plan. While the Vail Indeed program has proved
successful since its adoption, there is a recognized need to build new resident-occupied,
deed-restricted homes in the Town of Vail. The rezoning of Lot 4 provides a future
location for much needed early childhood learning and the rezoning of Lot 5 creates a
future land resource opportunity for the Town to pursue “catch-up” housing opportunities
on the site.
In the case of the portion of Tract A proposed to be rezoned to Natural Area Preservation
(NAP) District from the General Use (GU) District, the rezoning for this portion was
approved prior to the minor subdivision requesting the creation of the West Middle Creek
Parcel. At the time of the subdivision, both portions of Tract A were placed in the same
development lot. This rezoning reflects the decision to keep these portions of Tract A as
a single lot by unifying its zoning designation.
(8) Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
The scarcity of available land resources to meet the growing needs of early childhood
learning and resident-occupied, deed restricted housing has been an ongoing concern
for the Vail community. Simply stated, there is little to no land area remaining for these
much-needed community uses. New opportunities need to be created where practical,
appropriate and feasible. The newly created and rezoned Lots 4 and 5 are a practical
and appropriate location to create new opportunities for early childhood learning and
housing as demonstrated by the West Middle Creek Site Feasibility Study. Tract A is
town-owned and centrally located between the two commercial job core areas of Vail.
Developing new early childhood learning and housing opportunities for Vail’s workforce
conveniently located near places of employment and businesses is responsible
community development and land use planning. These two new lots meet a community
need and do so in an infill development location. It does not require sprawl or growth
outside of the established urban growth boundaries of the Town of Vail.
Amending the zoning for the new Lots 4 and 5 is good land use planning. By design, the
only allowed type of development in the Housing (H) District is resident-occupied, deed-
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restricted housing. If additional early childhood learning and housing are what the
community needs, and the location of new Lots 4 and 5 is practical and appropriate for,
then good land use planning dictates that applying the General Use (GU) and Housing
(H) zone districts to Tract A is a logical decision.
The Town missed numerous opportunities to address the early childhood learning and
housing needs during the past five decades. In many instances, the growth of free-market
dwelling units was prioritized and outpaced the development of early childhood learning
and local resident housing. The crucial need for these vital community uses exists and
more easily developed sites are already developed with other uses.
IV. Summary:
The obligation to demonstrate compliance with the prescribed development application
review criteria lies with the applicant. The Town of Vail Planning & Environmental
Commission’s role is to determine whether, based upon the review criteria and factors for
consideration, the applicant has met their compliance obligation.
The Town of Vail has provided a written response to the review criteria for the Vail Land
Use Plan amendment, the minor subdivision application, and the rezoning request for the
Commission’s consideration. In doing so, the relevant information has been provided
which supports a recommendation of approval of each of the development applications
from the Planning & Environmental Commission to the Vail Town Council. The applicant
has shown that each of the applications complies with the applicable criteria and serves
to advance the Town’s municipal objectives and development goals. As proposed, the
applications will result in future development which is not only compatible with
surrounding uses and existing development, but does so in a location that has been
considered feasible for residential development. Most importantly, it has been
demonstrated that there remains a critical need for land within the Town of Vail to be
rezoned and repurposed for early childhood learning and local resident housing.
Identifying community needs and creating future opportunities to fulfill those needs
demonstrates responsible land use planning.
Exhibits:
1. Land Use Plan Amendment Map
2. Minor Subdivision Plat
3. Rezoning Map
(EIR, Steep Slopes and Geohazard maps attached to staff report)
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Present:Bobby Lipnick
Karen Perez
Henry Pratt
Bill Jensen
Reid Phillips
Brian Judge
Absent:John Rediker
1.Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2.Call to Order
3.Worksession
4.Main Agenda
Planner: Greg Roy
Applicant Name: Town of Vail, represented by SE Group
4.1
PEC22-0016 - A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend portions of Title 12, Zoning Regulations and Title 14, Development
Standards, Vail Town Code to create the West Vail Multiple Family 1 (WVMF1) and West
Vail Multiple Family 2 (WVMF 2) Zone Districts and setting forth details in regard thereto.
Items 4.1 and 4.2 are heard concurrently.
Planner Roy gives a presentation to introduce the history of the Master Plan. Ellie Wachtel with SE
Group follows up with specific info and goals regarding the Master Plan process. The PEC meetings
started back in June, this is 6th meeting at the last meeting there was a 3-3 vote with no
recommendation. Staff revised language regarding density and interior conversions. Roy notes a
proposed condition that legal should look at Sections 12-6L and 12-6K before going to council.
Phillips says clarification is needed on legal language.
Perez says that gives her caution, there has been a month and a half to figure out the language and the
Planning and Environmental Commission Minutes
Monday, December 12, 2022
1:00 PM
Vail Town Council Chambers
Staff Memorandum PEC22-0016 12-12-22.pdf
Attachment A. 14-8-1 Site Development Standards Table Amendments.pdf
Attachment B. Public Comment - Aasland - 8-11-22.pdf
Attachment C. Public Comment - Gadberry 8-1-22.pdf
Attachment D. Public Comment - Bergey 11-22-22.pdf
Attachment E. Public Comment - Bernstein 12-8-22.pdf
Attachment F. Public Comment - Bergey 12-8-22.pdf
Attachment G. Public Comment - Gadberry 11-28-22.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 99
commission needs the language to make decision. Every word counts.
Jensen seconds that thought.
Judge asks why are we not approving the map? He personally missed the conversation and has
questions relating to the zoning map. He asks how the lines were decided and why certain properties
were excluded. The letters of concern from public are concerning to him. He would like to understand the
philosophy of why some were excluded or included.
Roy says characteristics lend themselves to the product of the development and was a process.
Judge sites a case shared driveways and is concerned about larger development along access into the
site.
Wachtel says it was looked at parcel by parcel. The map started with more properties included. There
was a focus on properties that already had multi-family.
Judge says he is concerned about spot zoning without consistent metrics applied.
Pratt says last meeting we talked about the cases where there was a single family or duplex that did not
want to be involved in deed restriction. He does not see that in the minimum density language. If a
single-family or duplex redevelops, do they need to be deed restricted?
Phillips says two or fewer units do not need to have deed restricted requirements upon redevelopment
per last meeting.
Planner Roy noted this to change in the amendment.
Perez adds that this language is not in the memo nor the amendment. It needs to be included to move
ahead.
Perez asks for public comment.
Sue Gadberry is a West Vail resident. She hands out a letter to commission members. Half of existing
units in her complex are deed restricted. All units are occupied by local residents, except one lives part
time in retirement in another state. She states that deed restriction requirements his will make a
difference to our community. She is concerned about upgrading the current building to meet the
requirements of new regulations that would be in place if a fire were to destroy the property. What is the
benefit from existing deed restricted units? In order to deed restrict more units, locals would need to
come up with more money. Would the Town pay for that? Typically, the Town would give money to give
restrictions on property. That is not true here. The owners would have to pay for this deed restriction and
pay to redevelop. These units would now also be Ggandfathered rebuild which reduces the size of units.
Could couples or families still reside if unit sizes shrink? Could there be a credit for existing deed
restrictions? Would housing still be suitable for people working in the community?
Benji Gadberry lives in the neighborhood. He says local workers live in the building and are concerned
about way the proposed zoning is looking at redevelopment. Redevelopment may be only option if
building burns down, it won't meet requirements by new standards if just rebuilt as-is. He acknowledges
the difficulty in the planner role in the housing crisis. He asks commission to slow down the process to
see how the changes will impact the working locals.
Angela Overy owns three units in 2039 Chamonix Lane. They are full time rental units with long term
tenants. She listens to other locals mention fire and rebuilding and it sounds horrific. If she had a fire at
her building, she would rebuild to increase the number of units as it would be practical for people of the
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 100
valley (more units to rent). However, the numbers for her don't work financially right now, as she likes to
keep it at affordable rental space for locals. Her property is doing good at the moment, but she would like
ideas from the town.
Kathy Langenwalter lives on Arosa Drive. Her property is not affected by the change, but neighbor is.
She says buildable is the important word. Was on the planning commission when EHUs and Buildable
area were codified. Here, we are opening up issues of spot zoning; ability to make building site livable,
should not include excessive slope in calcs. She says buildable area is deleted in this document, it
should not be the total lot area. Multifamily GRFA and lot size should be based on buildable area. She
references the appropriate types of EHUs for the area. She asks about the reduction in parking? Why
would we do that - its a mistake. The setbacks were changed from 20 feet to 15 feet. Multifamily has
larger bulk which is the reason for larger setbacks for air and space. She has many concerns there. The
WVMF2 proposal is more palatable in the main area, but it still is spot zoning and not consistent with the
mapping. The neighborhood already has consistency, but why can't we come up with a redevelopment
process? The document is very advantageous to redevelopment by a developer, butnot for a local. She
would hate to see this turn into a place where you can't live as a resident and local.
Greg Gadberry is full time resident at Vail Hieghts. The Master Plan provides detailed goals and
strategies to preserve what is popular about West Vail. The policies seem responsive to helping local
property owners. But the zoning proposes strict limits on the number of units per acre. If we lose our
building to fire, we will have to reconfigure deed restriction numbers. Where are the incentives for
existing property owners of "old west Vail"?
Siri Roman lives on Alpine Drive. She is trying to understand the impacts; the beauty of west Vail is that
it is an eclectic neighborhood, where the locals live. She wonders if the area will be gentrified with larger
developers moving in? What will fabric of the neighborhood look like once developers move in? It's
affordable, charming; she wants to learn more about the real intent of development.
Jack Bergey lives in the neighborhood. He asks if it's a current duplex, can you build a duplex back and
not deed restrict? The new proposed plan doesn't address development on lots under 10,000 sf. We all
want to preserve locals housing everyone wants the same thing? The Master Plan wants to make units
conforming and replace aging units - who is going to help the locals financially? It seems as if there is a
huge penalty if locals try to develop their properties further. GRFA is cheapest square footage you can
build; the site coverage and setbacks are worthless with the restrictive GRFA. He appreciates the hard
work around this though despite his concerns.
Bob Armour lives on Arosa Drive. He acknowledges Judge's assessment of spot zoning. He says he
doesn't think with good conscience that the PEC can forward this to Town Council without the legal
wording.
Julie Overy manages properties for her mother, who provides rental units to locals. They recently had an
assessment done on the property; the only way to make money is to redevelop with less units. However,
this takes away from the goal of helping locals. There are a lot of unintended consequences in the plan
and it favors developer-driven redevelopments. It appearsthat independent, small-scale development will
be nearly impossible under plan. She is wondering if the overall character of the neighborhood will
change. There needs to be increases in GRFA adjusted parking, and a re-look at EHUs. In terms of
deed restrictions, she is asking the Town to "give us a carrot to add additional units".
Jacquelyn Deveric lives on Alpine Dr.. She wrote letter and her brother will pass out letter. The letter will
be part of official record. She appreciates the work involved with the Master Plan, although she has
concerns about the plan especially regarding the WVMF2 area. The current zoning exists for a reason.
What is proposed turns a part of the neighborhood into a Denver suburb apartment-style development.
Blanket change is not an appropriate response. Property owners knew what zoning was when they
bought it and are asking that the Town doesn't change the rules after many decades. Redevelopment is
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 101
only advantageous for a large developer. But for the rest of us, it forces us to take huge cuts to our
property values, forced deed restrictions and a change in lifestyle. This plan is not enough. We shouldn't
make change hastily to the neighborhood.
Perez asks for commissioner comment.
Jensen thanks everyone for all of the public comment which is very valuable. We do have a housing
crisis. I'm sure the plan evolved to help solve this. I don't see this plan as attractive to a large developer.
The map doesn't work to their benefit. The potential largest developer down the road is most likely the
Town of Vail. However, the plan doesn't feel well thought out at this point. What happens with one owner
of multiple properties? It does make sense in case of fire to help add units to help enhance properties if
insurance in involved.
Phillips says this plan is trying to help a larger problem. There is not an option to maintain the current
housing inventory with existing zoning without changes to the zoning. Maintaining units, not taking away
units is the goal and is critical to local workforce. Regarding parking utilizing public transit is the goal of
this plan and reducing single car driving. By reducing parking demand, we encourage public mobility
option. Site coverage is a concern; the plan is trying to increase the amount to allow space concern,
trying to give that "carrot" for both developer and local owners. The current zoning is not working and
needs to updated. This plan is not perfect, it is a work in progress. Given the fabric of community, blanket
zoning doesn't work. There is a need to look at each property, trying to find properties that just don't
work. The PEC understands the importance of this neighborhood and we are trying to support employee
and affordable housing. We will continue to work on this.
Judge echoes his previous colleagues. He sympathizes with public comment. The plan is trying not to
become an incentive for outside developers and is trying not to blanket zone. He has concerns about
setbacks and site coverage today, but not necessarily concerned about WVMF2. He is wondering why
these properties are not included in the zoning study: 2328 Garmisch. 238 Garmich townhomes, 2239
Chamonix ( Capstone townhomes (1817 Meadow), 1895 Meadow, Meadow and Buffehr Creek. In
regards to the fire and rebuilding conversations, he knows that Town will work with residents on
rebuilding in an appropriate time frame and to best meet the needs of the owners. He stresses that we
need to properly zone this part of Vail.
Pratt says he encourages the public to go to Council with their opinions and concerns. He notes that this
has been a difficult process, particularly with the spot zoning. Basically, we took out ones that didn't meet
the zoning requirements, which could be spot zoning. He disagreed about parking, as it is considered an
incentive to those who are redeveloping to give more GRFA. Maybe use increased height, lot coverage,
etc. to act as incentive. Pratt recognizes that this is an imperfect document. However, this is all currently
zoned as primary/secondary residential and we are trying to make it easier for residents to rebuild. EHUs
do represent a reduced value vs regular residential units. To rebuild, owners do not need to decrease
size of units to accommodate new requirements, this is false information.
Lipnick thanks everyone for your comments. This is a difficult process and has been throughout this
year. It is an imperfect process and we are not ready to vote on it. The exception raised at last meeting
has not been included (single family / deed restrictions) and he is concerned about spot zoning. The
importance of the character of existing neighborhoods is extremely important. Employee housing is ideal
in existing neighborhoods. There is a balancing act between getting the right residential, commercial and
recreational needs; there is no perfect solution. He hears the concerns from the residents: traffic,
population, safety and that it is not what you bought into years ago. However, we must remain flexible in
responding to the needs of the community. We need to come up with the best recommendation possible
but be consistent with Vail housing plan, West Vail master plan, Vail comprehensive plan and the need
for workforce and locals housing.
Perez thanks everyone again for coming out. The more input we can get, the better. We need to change
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 102
the properties into conformance - change is necessary. We can do better, although there is no perfect
solution. We need legal language about the number of legal units before we can move forward. There is
no exception for the two units (re: from last meeting) regarding deed restriction. EHU 3 and 4 needs to
change, especially if EHU 3 is not possible. In terms of parking, west Vail has more bus lines than
anywhere, and the area encourages mobility changes. Currently, it is a mosaic of zoning, so we are
doing our best. We still don't have a two year rebuild policy after a calamity situation - one year doesn't
work with insurance and permits, etc. We definitely need to see the legal language before making a
decision. We also need to see examples. Perez would offer legal expertise to help town attorney to get
this moving forward with council and to get this topic off of commissioner's plate.
Perez asks would the applicant like to table or vote?
Roy asks for a Tabling for the January 9th PEC meeting date. He says we will address issues and study
properties that came up as noted by Judge on zoning map.
Perez says to get the legal language; and specifically give updates on legal language regarding density
as soon as possible well before meeting date for commission to review.
Phillips says we need to provide direct case studies on specific residences including over maximum
density cases. What are the effects of new zoning on some of these properties? What penalties or
advantages are there if they rebuild as-is? .
Roy says we can do that, especially with units, unit count, GRFA, and site coverage. We can provide a
full breakdown of what's existing and what is possible.
Pratt says if language for minimum unit count is existing, could more of the zone district be applied and
avoid spot zoning? It's possible that what's there would be allowed.
Phillips says no net loss of units has been a conversation for quite some time.
Judge says if the district could be larger then it may avoid the concerns about the zoning brought up
today.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by SE Group
4.2 PEC22-0029 - A request for a recommendation to the Vail Town Council for a Zone
District Boundary Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to establish the boundaries of the West Vail Multiple Family 1 (WVMF1) and
West Vail Multiple Family 2 (WVMF2) zone districts and setting forth details in
regard thereto.
4.3 PEC22-0018 - A request for a recommendation to the Vail Town Council for a review of a
Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail
Henry Pratt made a motion to Table to January 9, 2023; Reid Phillips seconded the motion Passed (6
- 0).
Staff Memorandum PEC22-0029 12-12-22.pdf
Attachment A. Zone District Amendment Proposal.pdf
Henry Pratt made a motion to Table to January 9, 2023; Reid Phillips seconded the motion Passed (6
- 0).
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 103
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
Land Use Plan, to change the designation of the portions of Tract A Middle Creek
Subdivision from Open Space to Public/Semi-Public and High Density Residential and
setting forth details in regard thereto.
Items 4.3 - 4.5 will be heard concurrently.
Planner Roy gives a history of the items. At the last meeting, the PEC requested the hazard and slope
maps and the environmental impact report (EIR). He gives a history of the property. He gives a summary
of the requests, and the requests are order specific. He shows maps of the vicinity and the proposal. He
walks through the hazard and steep slope maps. He summarizes the findings of the EIR report, there
were not excessive concerns beyond those of normal redevelopment.
Pratt asks when the RETT funds were used to purchase the property.
Roy says he will have to double - check.
Community Development Director Matt Gennett confirms it was purchased from Vail Resorts using RETT
funds.
Lipnick asks for clarifications of the lots in the area.
Roy walks through the vicinity map.
Roy talks about the map for excessive slope.
Judge asks how many units are in Middle Creek.
Roy says he would have to check.
Perez says once a property is zoned open space it is next to impossible to overturn that. She asks for
clarification.
Roy talks about the difference between zoned Open Space and Designated Open Space.
Phillips asks about the percentage of the swap related to the zone district amendment.
Gennett believes there is a net increase in Natural Area Preservation.
Matt Gennett is representing the applicant. He gives a summary of the requests. He walks through the
maps and indicates that none of these proposals is in a high hazard area.
Lipnick asks how the hazard risk compares to Middle Creek and Residence at Main Vail.
Gennett says it is similar. Both sites had similar hazards, and a variance was granted for portions of
Staff Memorandum - WMC - LU Amend 12-12-22 .pdf
Attachment A. West Middle Creek - Applicant Narrative 120822.pdf
Attachment B. Proposed Land Use Amendment Map.pdf
Attachment C. Hazards and Slope Maps.pdf
Attachment D. EIR Summary.pdf
Attachment E. West Middle Creek EIR - Terracon - 12-9-22.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 104
Residences at Main Vail related to slope.
Gennett says one of the goals is to provide a location for early childcare. The current site for the
Children's Garden of Learning is a temporary location. He addresses the criteria for each item. There is
no development plan at this point but it would come back before the PEC at that time. The goal is to run
this in conjunction with Timber Ridge so they can accommodate as many people as possible that may be
temporarily relocated due to redevelopment.
Perez says the plat has a reference to a 2020 title commitment, but the 2020 title commitment was not
received. She thinks the concept is fine, but the plat does not meet all the standards. She asks for an
updated one and referencing the correct one on the plat.
Phillips suggests attaching that as a condition of approval.
Gennett says staff will address Perez's concerns, it could be a condition of approval.
Jensen asks for clarification on the lots.
Gennett says the intent of Lot 4 is access and childcare facility, and Lot 5 the intent is to create housing
there. Most of Lot 5 is not in the 40% or greater slope are, so the majority of the development if not all of
it would be in area less than 40% grade.
Jensen clarifies that the western lot will be for housing and the eastern lot would be childcare and
access.
Roy clarifies that the best route of access is still being determined and will be included at the
development plan.
Gennett says there are conversations with CDOT regarding some of the right of way area next to the
frontage road. If an agreement was reached they would amend the proposal. When the development
plan is presented it would address all criteria.
Judge asks about the criteria in the Housing zone district.
Gennett says the PEC would be making the final determination on the development plan.
Judge asks if the density would be similar to Middle Creek?
Gennett says only preliminary feasibility studies have been done, they haven't got as far specific density.
Judge asks about Lot 4 and if the access has been studied.
Gennett says they have worked in conjunction with the Town Engineer regarding potential access.
Judge says he questions why this process takes place without a conceptual development plan. He
suggests the Town take a look at that process.
Gennett confirms.
Perez asks for public comment. There is none.
Lipnick says the three requests meet the review criteria and supports the proposal.
Pratt says the original zoning plan was not in error. The need for early childcare was self-imposed by the
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 105
town, it's now proposed on a steep slope. This property was purchased with RETT funds, the Town is
now reneging on that process. There are other options, and this is an incredibly difficult site.
Judge says the applicants have answered the questions. This is a confined jurisdiction, and he has
questions about construction on steep slopes. It may be expensive for the Town to create proper access;
he wouldn't support childcare on Lot 4 as he understands it today.
Phillips thanks staff for providing the requested information. He says we have to be fairly creative to
resolve the current housing crisis. With current construction technology they might be able to solve the
steep slope areas. He wants to continue to be innovative in looking for land options for housing.
Jensen says this area is appropriate for affordable housing development. He wants to ensure that Lot 4
will be safe in regards to the proposed use when it gets to that point.
Perez agrees it may not be the best place for a children's center. She suggests more lighting and safer
crossing underneath I-70, particularly for pedestrians. She will vote against it because she doesn't think a
condition addresses her concerns regarding the submittal requirements. She thanks staff for their efforts.
She says we want to move this along but need to do this in the proper way.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
4.4 PEC22-0020 - A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for a subdivision to create new parcels, Lot
4 and Lot 5 Amended Final Plat Middle Creek Subdivision, a Resubdivision of Tract A, and
setting forth details in regard thereto.
Discussion continues on Item 4.4
Judge asks about more information regarding RETT funds. What did it say in 1974 regarding use for
open space?
Pratt says the money is intended for the purchase of open space, has been amended to include Housing
sites.
Judge says there should be a condition.
Perez says her hang-up is that she can't say it meets the criteria because of the title submission.
Phillips asks if a 2020 Title Commitment is present.
Reid Phillips made a motion to Recommend for approval with the findings in the staff memo; Bill Jensen
seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Staff memorandum - WMC - Minor Sub 12-12-22.pdf
Attachment A. Proposed Final Plat 10-26-22.pdf
Attachment B. West Middle Creek - Applicant Narrative 120822.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 106
Gennett confirms it can be forwarded to the commissioners.
Gennett confirms the RETT fund will be reimbursed commensurately to the value in the same manner as
was done for the other lots in the subdivision.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
4.5 PEC22-0019 - A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow
for the rezoning of the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing, and setting forth details in regard thereto.
Discussion continues on Item 4.5
Judge says he has reservations about the slope related to GU Lot 5.
Roy says it will be back before the PEC.
Jensen says it is a Town project, but we have to hold everybody accountable to the same level.
Phillips and Perez talk about the requirements for title commitments.
5.Approval of Minutes
5.1 PEC Results 11-14-22
6.Information Update
6.1 EV Readiness Plan Update
Reid Phillips made a motion to Approve with the findings in the staff memo and the following conditions
1. The applicant shall provide an updated title report to Staff
2. The RETT fund will be reimbursed in the same manner as was done for the other lots in the
subdivision.
; Brian Judge seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Staff Memorandum - WMC - Rezoning 12-12-22.pdf
Attachment A. Applicant Narrative 120822.pdf
Attachment B. Zone District Amendment Proposal.pdf
Reid Phillips made a motion to Recommend for approval with the findings in the staff memo; Bobby
Lipnick seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Bobby Lipnick made a motion to Approve ; Bill Jensen seconded the motion Passed (6 - 0).
PEC Results 11-14-22.pdf
EV Readiness Plan Memo 12-12-2022.pdf
9
Planning and Environmental Commission Meeting Minutes of December 12, 2022 107
An update is provided by Cameron Millard (Energy Efficiency Coordinator), Beth Markham
(Environmental Sustainability Coordinator), and Chris Southwick (Mobility Innovation Coordinator). They
give a presentation on the progress of the plan. Millard talks about the stakeholder input process. He
talks about the electric vehicle (EV) charging infrastructure in town and strategies for increasing EV
charging infrastructure.
Perez asks about the associated costs and where these will be located. She is concerned about the
equity issue, who are these being catered to. She is for the environment but the costs of the proposal
give her pause. She says more bus service may be a better solution.
Millard says the plan addresses bussing and other mobility solutions. The single occupancy vehicle
(SOV) is the last resort and other modes should be encouraged. But if it is an SOV trip, electric is
preferred. This is not trying to be a transportation master plan, it's looking at the adoption of EV to meet
climate goals in a fair and equitable way.
Markham says the the plan will look at what the policy strategies should be. Millard and Markham
discuss possible fee strategies.
Judge agrees that the infrastructure backbone needs to be put in place. The management and fee
strategy will need to be examined. He suggests working with Town-owned redevelopment projects.
Jensen encourages looking at how they can grow 100% a year instead of 50%. He suggests adopting
pay to play principles. He encourages being bold to meet the increasing demand.
Perez says there is a big barrier to entry which hopefully will be reduced moving forward.
Millard talks about the current use in Vail.
Phillips asks about the costs of the utilities provided to Level 2 chargers. He knows Vail Fire has
significant concerns about EV chargers, which is shared by some neighboring communities. It is a
significant concern and he wants to make sure safety concerns are addressed with the infrastructure
implementation. We need to provide these parking spaces but it can be difficult to rationalize rising
parking costs while there is free electric charging.
Southwick says it is a evolving field and they will have to consider best practices moving forward.
Phillips and Jensen discuss potential strategies.
Markham says this was born out of the GOEV city resolution that the Town adopted in the fall of 2021.
Pratt suggests emphasizing the fast chargers more; they maybe shouldn't be inside the parking the
structure, but rather in the short term parking spots. The Level Two chargers will be less desirable
moving forward compared to the fast chargers.
Southwick talks about the Town-owned fleet of vehicles. The technology is changing rapidly so the
targets might change as they are revisited moving forward. He walks through fleet transition strategies.
Judge asks about the cost, longevity, maintenance of an electric bus in related to combustion.
Southwick runs through the up front costs, and other costs like batteries.
Pratt says the longer term goals past 2030 may need to be revised given emerging technologies like
hydrogen powered vehicles.
10
Planning and Environmental Commission Meeting Minutes of December 12, 2022 108
Millard talks about EV readiness policies and strategies.
Judge says personal transportation will change significantly over the next decades.
Lipnick says the county is looking at Zipcars, is the Town also looking at these.
Markham says that's a good segway into the community EV readiness goals and strategies. There is an
equity lens for all the strategies including decreasing the barriers for adoption.
Pratt asks if fleet pricing can be leveraged for the general population of Vail.
Markham says that could be an opportunity to look at.
Jensen suggests looking at taxes for leasing EVs.
Markham addresses micro-mobility goals.
Judge says this is also a growing field that it's good to get ahead of, the interface will be important.
Pratt says you could consider gearing down some of the eBikes for safety concerns.
Markham says that is incorporated in the ebike share program.
Phillips suggests the implementation of more solar on Town facilities on the sustainability side.
Millard says its on the radar, the utilities don't necessarily want more PV unless it comes with storage,
which is a key component.
7.Adjournment
(Perez absent)
Reid Phillips made a motion to Adjourn ; Bobby Lipnick seconded the motion Passed (5 - 0).
11
Planning and Environmental Commission Meeting Minutes of December 12, 2022 109
1
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 12, 2022
SUBJECT: A request for a recommendation to the Vail Town Council for a review of a
Vail Land Use Plan map amendment, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan, to change the designation of
the portions of Tract A Middle Creek Subdivision from Open Space to
Public/Semi-Public and High Density Residential and setting forth details
in regard thereto. PEC22-0018
Applicant: Town of Vail, represented by Community Development Director
Matt Gennett
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, represented by Community Development Director Matt
Gennett, is requesting a recommendation to the Vail Town Council for a review of a Vail
Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail
Land Use Plan, to change the designation of portions of Tract A Middle Creek
Subdivision from Open Space to Public/Semi-Public and High Density Residential.
Based upon Staff’s review of the criteria outlined in Section Vl of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council.
II. DESCRIPTION OF REQUEST
The applicant is proposing to amend the land use for portions of Tract A Middle Creek
Subdivision from Open Space to Public/Semi-Public and High Density Residential.
Currently, the developed portions of the Middle Creek Subdivision consist of Middle
Creek Housing, Residences at Main Vail, and the US WEST communications facility.
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Town of Vail Page 2
The portions of the site that are proposed for land use amendment are not developed
and are currently vacant.
The maps below show existing and proposed Land Use Designations:
Included with this memorandum as attachments are the following for review by the
commission:
A. Applicant Narrative, 12-8-2022
B. Proposed Land Use Amendment Map 8-19-22
C. Hazards and Slope Map 12-6-22
D. EIR Summary – Terracon -12-2-22
II. BACKGROUND
The property was annexed into the Town of Vail in 1968 with Ordinance No. 8, Series of
1969. In 1974, the property was deeded to the Town of Vail as part of an agreement
with Vail Associates Inc. The land use is believed to have been enacted with the original
annexation of the property. In 2002, the property was subdivided to create Lots 1 and 2
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Town of Vail Page 3
to hold the Middle Creek Housing and the site of the telecom tower. In 2020, Lot 3 was
subdivided out of the larger Lot 1.
In 2001, the PEC recommended approval of the land use change and rezoning of Lot 1
to accommodate the Middle Creek Housing project. Originally the site had a land use
designation of Open Space and was amended to be High Density Residential. Similarly,
the original zoning was Natural Area Preservation and the site was rezoned to Housing.
At the September 26th, 2022 PEC meeting, the Commission requested additional
materials to be provided with the application, including an Environmental Impact Report,
a map of the hazards in the area and a map of the slope of the site. The maps and a
summary of the EIR are included as attachment C and D.
The analysis in the EIR summary includes the environmental conditions that were
studied and potential impacts of development in the area. A general summary of the
impacts that may result from the development of the property shows modest impacts
that are to be expected with development of previously vacant land. There are not any
significant concerns or impacts noted in the attached summary.
III. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Land Use Plan and the Vail Town
Code are relevant to the review of this proposal:
Vail Land Use Plan (in part)
Chapter ll – Land Use Plan Goals/Policies
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.6. Development proposals on the hillsides should be evaluated on a case by case basis.
Limited development may be permitted for some low intensity uses in areas that are not
highly visible from the Valley floor. New projects should be carefully controlled and
developed with sensitivity to the environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.10. Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for public
use.
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted areas
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Town of Vail Page 4
and as appropriate in new areas where high hazards do not exist.
5.4. Residential growth should keep pace with the marketplace demands for a full range of
housing types.
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.
Chapter Vlll – Implementation
2. Key Goals
B. Residential Uses
1. Additional residential growth should continue to occur primarily in existing, platted areas.
2. New subdivisions should not be permitted in proven high geologic hazard areas.
3. Development proposals on the hillsides may be appropriate, in a limited number of
cases, for low density residential uses. These proposals would need to be evaluated on
a case-by-case basis, with development being carefully controlled as to sensitivity to the
environment and visibility from the Valley floor.
E. General Growth and Development
5. Development may also be appropriate on Town-owned lands by the Town of Vail (other
than park and open space) where:
a. No high geologic hazards exist; and
b. Such development is for public use.
Chapter Vlll – Implementation
3. Amendment Process
The amendment process is one which is intended to assure the Plan’s effectiveness with
periodic updates to reflect current thinking and changing market conditions. The process
includes amendments which may be initiated in any of the following three ways:
A. By the Community Development Department
B. By the Planning and Environmental Commission or Town Council
C. By the private sector
A. Community Development Department Amendments
The Community Development Department should update and revise the Plan every three to five
years, whenever possible. However, if the plan is not updated within such time frame, this shall
not jeopardize the validity of the plan. This should include analysis of the goals and policies;
update of the forecasting model and review and revision of the Land Use Plan map. The
Community Development Department would then make recommendation for proposed changes
to the Planning and Environmental Commission where these changes would then be considered
in a public hearing format. The Planning and Environmental Commission would then make
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Town of Vail Page 5
recommendations to the Town Council, which would also hold a public hearing on the proposed
changes. If adopted, the changes would then become a part of the Plan.
B. Planning and Environment Commission or Town Council Amendments
These entities could also initiate plan amendments periodically, as deemed appropriate. These
amendments would also require public hearings with both the Commission and the Council, and
upon adoption then become a part of the Plan.
4. Proposed Land Use Categories
HDR High Density Residential
The housing in this category would typically consist of multi-floored structures with densities
exceeding 15 dwelling units per buildable acre. Other activities in this category would include
private recreational facilities, and private parking facilities and institution/ public uses such as
churches, fire stations and parks and open space facilities.
OS Open Space
Passive recreation areas such as greenbelts, stream corridors and drainageways are the types
of areas in this category. Hillsides which were classified as undevelopable due to high hazards
and slopes over 40% are also included in this area. These hillside areas would still be allowed
types of development permitted by existing zoning, such as one unit per 35 acres, for areas in
agricultural zoning. Also, permitted in this area would be institutional / public uses.
.
IV. SITE ANALYSIS
Address: No Address
Legal Description: Tract A Middle Creek Subdivision
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Town of Vail Page 6
Existing Zoning: Natural Area Preservation (NAP) District and General
Use (GU)
Proposed Zoning: Housing (H) District, Natural Area Preservation (NAP)
and General Use (GU)
Land Use Plan Designation: Open Space
Proposed Land Use Designation: High Density Residential and Public/Semi-Public
Geological Hazards: Moderate Hazard Debris Zone and Medium Severity
Rockfall
Development
Standard
Natural Area
Preservation
(NAP)
Housing (H) General Use (GU)
Lot Size NA Prescribed by PEC Prescribed by PEC
Minimum Setbacks NA 20’ from perimeter of
zone district Prescribed by PEC
Maximum Height NA
NA Prescribed by PEC Prescribed by PEC
Density NA Prescribed by PEC Prescribed by PEC
Site coverage
maximum
NA Max. 55% of site area Prescribed by PEC
Minimum Landscaping NA Min. 30% of site area Prescribed by PEC
V. SURROUNDING LAND USES AND ZONING
Existing Use Zone District
North: US Forest Land NA
South: Telecom/Housing General Use (GU)/Housing(H)
East: Open Space Natural Area Preservation (NAP)
West: Open Space Natural Area Preservation (NAP)
VI. REVIEW CRITERIA
Any amendments to the Land Use Plan require a public process. Adjacent properties
are notified, and the Planning and Environmental Commission holds a public hearing
and makes a recommendation to the Town Council on the proposal. The Town Council
adopts the changes by resolution. Any changes to the Land Use Plan must address the
following three criteria:
1. How conditions have changed since the plan was adopted
The Vail Land Use Plan was originally adopted in 1986 and updated in 2009.
Since that time, there have been several approvals and subsequent development
in the immediate area that have changed the land use in the area.
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Town of Vail Page 7
In 2001, the Vail Town Council, upon a recommendation from the Planning and
Environmental Commission, approved a land use amendment, rezoning, and
subdivision for the original Middle Creek Housing site. At that time, the entire
property was in the Open Space land use category and zoned Natural Area
Preservation. The approved amendments and the subsequent development of
the lot was a change that was not in place in 1969 when the plan was originally
adopted. That is an example of how the need for housing spurred a change that
the Land Use Plan did not contemplate when it was adopted. Like today, there
was another increase in the need for housing that was not present at the recent
update of the Land Use Plan.
In 2020, a portion of the site, Lot 1 Middle Creek Subdivision, was subdivided to
allow for the development of the Residences at Main Vail. Lot 1 did not require a
land use amendment but illustrated the need for additional housing sites that
were not contemplated in the adopted land use plan. It shows how the current
need for housing is renewing the search for potential housing sites.
Completed in 2019, Solar Vail, a privately owned employee housing
development, replaced a smaller project in an effort to provide additional housing
units for employees of in-town businesses.
Staff finds that the proposed land use amendment conforms to this criterion.
2. How the plan is in error
The original land use plan adopted in 1986 had the area changed to High Density
Residential and the adjacent Middle Creek site designated as open space. A
portion of that has since been amended and is recognized as suitable for high
density residential. Staff believes the plan is in error for not recognizing additional
areas of the site that are directly adjacent to the right-of-way as land that is also
suitable for high density residential and other public/semi-public uses.
As the need for housing has increased, the reassessment of previously
designated sites has been needed to determine if there are specific areas within
these sites that might be suitable for development. The subject areas of the lot
proposed for the land use change were identified as developable portions.
The amendment and development of Middle Creek followed by the additional
development of Residences at Main Vail supports the position that the area
adjacent to the frontage road is a suitable location for development as it
continues to be built upon.
In “Chapter Vll – Community Facilities” of the Land Use Plan there is a section on
Facility/Service Requirements that notes the demand for various community
facilities. One of the types of facilities studied wer schools in the town and
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Town of Vail Page 8
surrounding areas. The Plan projected that sufficient schools, and sites for future
schools, existed and that there was no need for additional facilities. Recent
reports have shown that additional childcare and early childhood education
facilities are needed. The site proposed for Public/Semi Public land use would be
appropriate to use for a new facility to provide additional education services.
Staff finds that the proposed land use amendment conforms to this criterion.
3. How the addition, deletion, or change to the plan is in concert with the plan
in general
Staff has identified the following objectives and goals, which staff believes are
relevant to this proposal from the Vail Land Use Plan.
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
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.
5.4. Residential growth should keep pace with the marketplace demands for a full range
of housing types.
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.
Staff finds that the proposed land use amendment conforms to this criterion.
VII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section Vl of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council for a Vail Land Use Plan map
amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to
change the designation of the portions of Tract A Middle Creek Subdivision from Open
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Town of Vail Page 9
Space to Public/Semi-Public and High Density Residential and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a Vail Land Use Plan map amendment,
pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the
designation of the portions of Tract A Middle Creek Subdivision from Open
Space to Public/Semi-Public and High Density Residential and setting forth
details in regard thereto. “
Should the Planning and Environmental Commission choose to forward this
recommendation of approval, the Community Development Department recommends
the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated December
12th, 2022, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendment does further the general and specific purposes of the
zoning regulations; and
3. That the amendment does promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
IX. ATT ACHMENTS
A. Applicant Narrative, 12-8-2022
B. Proposed Land Use Amendment Map 8-19-22
C. Hazards and Slope Map 12-6-22
D. EIR Summary – Terracon -12-2-22
118
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
December 20, 2022
Mayor and Vail Town Council
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
RE: Letter of Support - West Middle Parcel Final Subdivision Map and Zoning Applications
Dear Mayor Langmaid and the members of the Vail Town Council:
We are forwarding this letter on behalf of the Vail Local Housing Authority to provide our
support of the development applications for a final subdivision plat and zoning map
amendment of the West Middle Creek parcel.
History has proven the value and importance of ensuring homes for our year-round and
seasonal residents to maintain and sustain community within the Town of Vail. The new
resident-occupied homes that will one day be developed on the West Middle Creek parcel will
significantly increase the supply of critical housing infrastructure in our community. As
proposed, the applications fully comply with the adopted subdivision regulations and zoning
criteria.
The Vail Local Housing Authority respectfully asks that you unanimously approve the two
applications in support of the adopted housing goal and to continue making collaborative
progress towards resolving the housing challenge to the benefit of the greater Vail community.
Sincerely,
Steve Lindstrom, Chair, VLHA
Dan Godec, VLHA
Kristin Kenney-Williams, VLHA
James Wilkins, VLHA
Craig Denton, VLHA
119
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:December 20, 2022
TIME:20 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 25, Series of 2022, First Reading, An Ordinance
Rezoning Lot 5 of the Middle Creek Subdivision, a Resubdivision
of Tract A, from Natural Area Preservation (NAP) to Housing (H);
Lot 4 of the Middle Creek Subdivision, a Resubdivision of Tract
A, from Natural Area Preservation (NAO) to General Use (GU),
and the Remainder of Tract A, Middle Creek Subdivision, a
Resubdivision of Tract A, From General Use (GU) to Natural Area
Preservation (NAP)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 25,
Series of 2022 upon first reading.
PRESENTER(S):Greg Roy, Senior Planner
STAFF RECOMMENDATION:The Planning and Environmental Commission held a public hearing
on the proposed Zone District Boundary Amendment on December
12, 2022, where a recommendation for approval was forwarded to the
Vail Town Council by a vote of 4-2-0 (Pratt and Perez opposed).
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ordinance No. 25 Staff Memorandum.pdf
Attachment A. Ordinance No. 25, Series of 2022.pdf
Attachment B. Proposed Zone District Boundary Amendment Map 12-13-22.pdf
Attachment C. Applicant Narrative 120122.pdf
Attachment D. PEC Minutes from Meeting on 12-12-2022.pdf
Attachment E. Staff Memorandum PEC22-0019.pdf
120
TO: Town Council
FROM: Community Development Department
DATE: December 20, 2022
SUBJECT: First Reading of Ordinance No. 25, Series of 2022, an ordinance rezoning
lot 5, of the middle creek subdivision, a resubdivision of tract A from
natural area preservation (NAP) to the housing (H); lot 4 of the middle
creek subdivision, a resubdivision of tract A, from natural area
preservation (NAP) to the general use (GU) district, and the remainder of
tract A middle creek subdivision, a resubdivision of tract A, from general
use (GU) to the natural area preservation (NAP). PEC22-0019
Applicant: Town of Vail, represented by Community Development
Director Matt Gennett
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, represented by Community Development Director, Matt
Gennett, is requesting the First Reading of Ordinance No. 25, Series of 2022, an
ordinance rezoning lot 5, of the middle creek subdivision, a resubdivision of tract A from
natural area preservation (NAP) to the housing (H); lot 4 of the middle creek
subdivision, a resubdivision of tract A, from natural area preservation (NAP) to the
general use (GU) district, and the remainder of tract A middle creek subdivision, a
resubdivision of tract A, from general use (GU) to the natural area preservation (NAP).
The Planning and Environmental Commission held a public hearing on the proposed
Zone District Boundary Amendment on December 12, 2022, where a recommendation
for approval was forwarded to the Vail Town Council by a vote of 4-2-0 (Pratt and Perez
opposed).
Included with this memorandum is the following for review by the Town Council:
A. Ordinance No. 25, Series of 2022
B. Proposed Zone District Boundary Amendment Map 12-13-22
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Town of Vail Page 2
C. Applicant Narrative, 12-01-2022
D. PEC Minutes from Meeting on 12-12-2022
E. Staff Memorandum, PEC22-0019
II. ACTION REQUESTED OF TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 25, Series of 2022, upon first reading.
IIl. BACKGROUND
The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8,
Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts.
This rezoning was part of a larger rezoning that occurred after the passage of the 1994
Open Lands Plan adoption.
In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the
development of Middle Creek Housing and to create the site for the telecom tower. In
2020, a subdivision application was approved by the PEC to create Lot 3 as the site for
the Residences at Main Vail project.
lV. REVIEW CRITERIA
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission shall consider the following factors with respect to the
requested zone district boundary amendment:
Zone District Boundary Amendment Factors
1. The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined
in the Vail comprehensive plan and is compatible with the development
objectives of the town.
The proposed zone district amendment is supported by the Vail comprehensive
plan. One component of the comprehensive plan is the Land Use Plan. In the
plan, key goals are for additional growth within existing platted areas and areas
without high geologic hazards. The proposed amendment would be in a
subdivided tract and outside of any high-hazard areas. The plan also notes that
development on hillsides may be appropriate on a case-by-case basis and that
the development should be low-density as visibility from the valley floor is a
consideration. When the plan refers to development on a hillside, the goal is to
limit low density residential at the ridgeline. The General Growth and
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Town of Vail Page 3
Development section of the plan notes that the development of Town-owned land
may be appropriate if not within the high hazard zones and if the development is
for a public purpose.
Staff finds that the proposed zone district amendment conforms to this criterion.
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and potential
surrounding land uses as set out in the town’s adopted planning
documents.
The zone district boundary amendment reflects the existing and potential land
uses on the site and in the vicinity. Areas to be amended from General Use (GU)
to Natural Area Preservation (NAP) contain steep slopes on excess of 40% not
suitable for development.
Areas proposed to be rezoned to the Housing (H) District or General Use (GU)
designations are suitable for development consistent with allowable uses, being
free from high severity hazards and to a great extent slopes in excess of 40%.
Staff finds that the proposed zone district amendment conforms to this criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives.
The proposed zone district amendment presents a harmonious and workable
relationship between land uses consistent with municipal objectives. Uses
adjacent and in the vicinity include deed restricted housing and telecom facilities,
consistent with the allowable uses of the proposed zone districts and
contemplated development.
Staff finds that the proposed zone district amendment conforms to this criterion.
4. The extent to which the zone district amendment provides for the growth of
an orderly viable community and does not constitute spot zoning as the
amendment serves the best interests of the community as a whole.
The proposed zone district amendment provides for the orderly development of
the subject properties. The development standards of both the General Use and
Housing districts are prescribed by the PEC allowing tailor-made standards
reflective of the site and the intent of the development. The area along the
Frontage Road have been developed with public/semi-public and deed restricted
uses. Development contemplated in conjunction with the zone district
amendment serves the best interest of the community as demonstrated through
its conformity with the Vail Comprehensive Plan.
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Town of Vail Page 4
Staff finds that the proposed zone district amendment conforms to this criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features.
The amendment does not have any direct impacts that are either adverse or
beneficial to the natural environment. In the proposed districts the development
standards are proscribed by the PEC, which will ensure all adverse impacts are
minimized to the extent feasible.
Staff finds that the proposed zone district amendment conforms to this criterion.
6. The extent to which the zone district amendment is consistent with the
purpose statement of the proposed zone district.
The proposed zone district amendment is consistent with the purpose statements
for the General Use and Housing districts. The Housing District Amendment and
the uses contemplated herein are consistent with purpose statement of the
district which is to “provide adequate sites for employee housing which, because of the
nature and characteristics of employee housing, cannot be adequately regulated by the
development standards prescribed for other residential zone districts. It is necessary in
this zone district to provide development standards specifically prescribed for each
development proposal or project to achieve the purposes prescribed in § 12-1-2 of this
title and to provide for the public welfare. Certain nonresidential uses are allowed as
conditional uses, which are intended to be incidental and secondary to the residential
uses of the district. The Housing District is intended to ensure that employee housing
permitted in the zone district is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air,
open spaces and other amenities appropriate to the allowed types of uses.”
The General Use amendment and uses contemplated (access and early
childhood education) are consistent with the stated purpose of the district which
is “to provide sites for public and quasi-public uses which, because of their special
characteristics, cannot be appropriately regulated by the development standards
prescribed for other zoning districts, and for which development standards especially
prescribed for each particular development proposal or project are necessary to achieve
the purposes prescribed in § 12-1-2 of this title and to provide for the public welfare. The
General Use District is intended to ensure that public buildings and grounds and certain
types of quasi-public uses permitted in the district are appropriately located and
designed to meet the needs of residents and visitors to Vail, to harmonize with
surrounding uses, and, in the case of buildings and other structures, to ensure adequate
light, air, open spaces, and other amenities appropriate to the permitted types of uses.”
Staff finds that the proposed zone district amendment conforms to this criterion.
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Town of Vail Page 5
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the subject
property was adopted and is no longer appropriate.
The property was zoned to its current designation in 1995 following adoption of
the1994 Open Lands Plan. At that time, site was largely vacant with the except of
the elementary school and Mountain Bell Tower. In the intervening years,
development including Middle Creek Housing, Residences at Main Vail and the
redevelopment of Solar Vail on the adjacent property to the west have altered the
character of the area. These physical changes coupled with the elements of the
Vail Comprehensive Plan adopted since 1995 demonstrate how conditions have
changed.
Staff finds that the proposed zone district amendment conforms to this criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
V. RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 25, Series of 2022, upon
first reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“I move to approve, on first reading, Ordinance No. 25, Series of 2022 an
ordinance rezoning lot 5, of the middle creek subdivision, a resubdivision of tract
A from natural area preservation (NAP) to the housing (H); lot 4 of the middle
creek subdivision, a resubdivision of tract A, from natural area preservation
(NAP) to the general use (GU) district, and the remainder of tract A middle creek
subdivision, a resubdivision of tract A, from general use (GU) to the natural area
preservation (NAP), and setting forth details in regard thereto”
Should the Town Council choose to approve Ordinance No. 25, Series of 2022,
the Planning and Environmental Commission recommends the Council makes
the following findings:
“Based upon the review of the criteria outline in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated December
12th, 2022, and the evidence and testimony presented, the Town Council finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendment does further the general and specific purposes of the
zoning regulations; and
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3. That the amendment does promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
Vl. ATT ACHMENTS
A. Ordinance No. 25, Series of 2022
B. Proposed Zone District Boundary Amendment Map 12-13-22
C. Applicant Narrative, 12-01-2022
D. PEC Minutes from Meeting on 12-12-2022
E. Staff Memorandum, PEC22-0019
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ORDINANCE NO. 25
SERIES OF 2022
AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL
AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE
MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A,
FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE
(GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE
(GU) TO NATURAL AREA PRESERVATION (NAP)
WHEREAS, Town of Vail (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, on June 10, 2022, the Applicant filed an application to rezone the
Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4
from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract
A from General Use (GU) to Natural Area Preservation (NAP) (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on December 12, 2022, the Planning and Environmental Commission
(the “PEC”) held a properly-noticed public hearing on the Application, and recommended
that the Town Council approve Application; and
WHEREAS, on December 20, 2022, the Town Council held a properly-noticed
public hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the public,
and giving due consideration to the matter, finds and determines as follows:
a. The rezoning 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;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning promotes the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the Town in a
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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, the Town Council hereby approves
the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation
(NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU);
and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP).
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 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 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of December, 2022 and
a public hearing for second reading of this Ordinance set for the 3rd day of January, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of January, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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EXHIBIT A
Middle Creek Subdivision, A Resubdivision of Tract A
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N FRONTAGE RD W
I 70 WestboundI 70 Eastbound
S FRONTAGE RD W
I
Subject Property
0 100 200 30050Feet
Z o n e D i s t r i c t A m e n d m e n t P r o p o s a lZone D i s t r i c t A m e n d m e n t P r o p o s a lMiddle C r e e k S u b d i v i s i o n - T r a c t AMiddle C r e e k S u b d i v i s i o n - T r a c t A
1 9 9 N o r t h F r o n t a g e R o a d W e s t199 N o r t h F r o n t a g e R o a d W e s t
Proposed parcels carvedfrom Tract A
(Lot 5)
(Lot 4)
N FRONTAGE RD W
I 70 WestboundI 70 Eastbound
S FRONTAGE RD W
This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly. Th e To wn of Va il does n ot wa rrant th e a ccu ra cy of the informatio n containe d herein.(whe re shown, parcel lin e w ork is ap pro ximate)
Last Modified: December 13, 2022
Proposed
Existing
Housing (H )Natural Area Preservation (NAP)General Use (GU)
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WEST MIDDLE CREEK
Applications for a Requested Land Use Plan
Amendment, Minor Subdivision & Rezoning
December 1, 2022
Applicant: Town of Vail
Represented by: Matt Gennett
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I. PURPOSE
The purpose of this document is to forward the request for approval of three development
applications intended to facilitate a future opportunity to develop 100% resident-occupied,
deed-restricted homes for Vail residents on the West Middle Creek Parcel.
The three development applications include:
• A request for a Vail Land Use Plan Amendment amending a portion of Tract A,
Middle Creek Subdivision from Open Space Designation to High Density
Residential Designation.
• A request for a minor subdivision establishing an amended final plat for Tract A,
Middle Creek, Subdivision, to create Lots 4 and 5, Middle Creek Subdivision.
• A request to rezone the new Lot 4, Middle Creek Subdivision, from the Natural
Area Preservation (NAP) zone district to the General Use (GU) zone district; and,
Lot 5, Middle Creek Subdivision, from the Natural Area Preservation (NAP) zone
district to the Housing (H) zone district.
II. BACKGROUND
The Vail Housing 2027 Strategic Plan was adopted on behalf of the Vail community by
the Vail Town Council in 2017. Adopted as a strategic plan, the plan emphasizes taking
strategic actions to maintain and sustain the community through the creation and support
of resident housing in Vail.
In adopting the Plan, a housing goal of acquiring 1,000 additional resident housing unit
deed restrictions by the year 2027 was established. The Plan acknowledged that
previously adopted housing policies, programs and practices have not yielded the desired
results. To realize desired results community leaders needed to change their approach
to housing policies, programs, and practices. More importantly, community leaders
needed to take proactive strategic actions without further delay to increase the supply of
resident housing in Vail. The three development applications referenced above are a
proactive strategic action by the Town of Vail in furtherance of achieving the Town’s
housing goal.
On December 15, 2020, the Vail Town Council directed staff to proceed with applications
necessary to facilitate a future opportunity to develop 100% resident-occupied, deed-
restricted homes for Vail residents on the West Middle Creek Parcel. The Vail Town
Council instructed the town staff to take the actions necessary to achieve the housing
goals stated in the 2018-2020 Council Action Plan and Vail Housing 2027 Strategic Plan.
Lots 4 and 5, Middle Creek Subdivision, will be smaller platted portions of the larger Tract
A, Middle Creek Subdivision. Tract A is owned by the Town of Vail. As the owner of Tract
A, the Vail Town Council, acting on behalf of the owner, is authorized to submit these
three applications for West Middle Creek Parcel.
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Tract A was purchased by the Town of Vail on July 1, 1993. Tract A was purchased with
the use of Real Estate Transfer Tax (RETT) funds. Upon purchase, and consistent with
the recommendations of the 1994 Comprehensive Open Lands Plan, Tract A was
rezoned from Agricultural and Open Space (AOS) to Natural Area Preservation (NAP),
via Ordinance No. 19, Series of 1995. While a separate matter outside the purview and
review criteria of the Town of Vail Planning & Environmental Commission, a legal opinion
has been provided acknowledging, that if the three development applications are
approved as submitted, the Town of Vail shall be required to reimburse the RETT fund
for the value of the West Middle Creek Parcel. Established Housing Mitigation funds are
the most likely source of funding to accomplish the required reimbursement.
On September 26, 2022, the PEC reviewed the subject applications and unanimously
voted to table them after giving direction to provide further information, including: an
Environmental Impact Report (EIR), steep slope analysis, and hazard maps. The
requested information is attached to the staff report.
III. SUMMARY OF THE APPLICATIONS
The following section of this document provides a written summary of the three
development applications. The development applications are summarized and listed in
the order of intended review. Title 12 of the Vail Town Code (VTC) requires the Town of
Vail Planning & Environmental Commission to review and act on each of the applications
even as the Land Use Plan Amendment and the Rezoning requests require additional
review and final action by the Vail Town Council.
I. Vail Land Use Plan Amendment Request:
The application package includes a proposal to amend the Future Land Use Map for a
portion of Tract A, Middle Creek Subdivision, to change the land use designation of the
proposed new Lot 4 from Open Space to Public/Semi-Public, and the designation of the
new Lot 5 from Open Space to High Density Residential. The portion of Tract A to be
amended is that area comprised of the proposed Lots 4 and 5 (see minor subdivision
request below). According to the Vail Land Use Plan, the proposed land use designation
of High Density Residential for Lot 5 is intended for multi-floor residences with a density
greater than 15 dwelling units per acre; and the proposed land use designation of
Public/Semi-Public includes schools. According to the adopted Future Land Use Plan, the
Middle Creek Village Apartment development site to the east of the proposed Lots 4 and
5 is designated High Density Residential, while the Solar Vail Apartment development
site to the west has a designation of Medium Density Residential. The land use plan
amendment request provides consistency and compatibility with adopted future land use
designations and is consistent with the municipal development objectives of the Town of
Vail.
The portion of Tract A to be amended from Open Space to Public/Semi-Public is limited
to the 1.672 acres of proposed Lot 4 and the 2.296 acres of the proposed Lot 5 from Open
Space to High Density Residential. The land use designation of the remainder of Tract A
is not proposed to be amended at this time. Based upon a West Middle Creek Site
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Feasibility Study funded by the Vail Town Council and completed by the Town of Vail
Community Development Department in 2017, it was determined that the area of the
proposed Lot 5 of Tract A is the most developable portion of Tract A based on site
suitability, vehicular accessibility, topography, natural vegetation, site orientation, steep
slopes, and adjacency to existing CDOT right of way.
Lastly, the Vail Land Use Plan Amendment request is in direct response to a growing
need to increase the supply of resident-occupied, deed-restricted homes in Vail as well
as the scarcity of vacant, town-owned land suitable for residential development. The
requested amendments further the Town’s housing goals, as stated in Council’s 2018-
2020 Action Plan and the Vail Housing 2027 Strategic Plan.
II. Minor Subdivision Request:
This Minor Subdivision application request proposes to subdivide Tract A, Middle Creek
Subdivision (17.2 acres) into three parcels: Tract A (13.257 acres), Lot 4 (1.672 acres)
and Lot 5 (2.296 acres). The sole purpose of this application is to subdivide portions of
Tract A to create a development lot to accommodate a future housing development and
a lot to enable access and provide a site for future early childhood learning.
The minor subdivision to create Lots 4 and Lot 5 have concurrently proposed zone district
boundary amendments to zone these two new lots to the General Use (GU) and Housing
(H) zone districts, respectively. Neither the General Use (GU) or Housing (H) zone
districts prescribe a minimum lot size requirement. For comparison, below are the
approximate lot sizes of other parcels in the Housing (H) District:
• Solar Vail – 43,600 SF
• Middle Creek – 200,520 SF
• Middle Creek Lot 3 – 90,150 SF
• Chamonix at Vail – 139,260 SF
• Booth Heights – 235,090 SF
Criteria for Review of a Minor Subdivision Application:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the
town;
As part of the General Growth/Development goals of The Vail Land Use Plan, the Town
is encouraged to grow in such a way as to maintain “a balance between residential,
commercial, and recreational uses”. The Minor Subdivision of the proposed Lot 4 and 5
parcels helps to improve upon this balance. Presently, there are more than 7,200 dwelling
units in the Town of Vail. Of the 7,200 dwelling units, approximately 950, or roughly 13%,
of the dwelling units are deed-restricted for resident occupancy. The Vail Town Council
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has adopted a goal of increasing the number of dwelling units in the Town of Vail
dedicated to resident occupancy to 1,700.
While the Vail Land Use Plan discourages the development of Town-owned lands where
high geological hazards may exist, this plan also states that “additional employee housing
needs should be accommodated at varied sites throughout the community”, which is what
this subdivision and new development lot aims to accomplish. Chapter 21, Hazard
Regulations, prescribes standards by which potential geologic hazards must be mitigated.
2. The extent to which the proposed subdivision complies with all of the standards
of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code,
and other pertinent regulations that the planning and environmental commission
deems applicable;
The lot size and site dimensions for a property located within the Housing (H) District are
proposed by the applicant and set by the Planning & Environmental Commission. The
proposed lot sizes of Lots 4 and 5 are compatible with the size and dimensions of similar
lots presently located within the Housing (H) and General Use zone districts. Lots 4 and
5 are adequately sized for deed-restricted residential development, access, and early
childhood learning.
While Lots 4 and 5 are potentially impacted by geologic hazards and steep slopes as set
forth in Chapter 21, the lots are developable with required mitigation. Lots 4 and 5 comply
with the standards of Title 12 of the Vail Town Code.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Given the proximity to Middle Creek Village Apartments and the Solar Vail Apartments,
to the west, and I-70 along the southern property line, Lots 4 and 5 provide a harmonious,
convenient, and workable relationship among adjacent land uses and are consistent with
municipal development objectives. A longstanding development objective of the Town is
to provide for the development of residential properties intended for occupancy by year-
round Vail residents. This has been a community objective of the Town as far back as the
adoption of The Vail Plan in 1972. The proposed subdivision is consistent with municipal
objectives for the establishment of additional resident-occupied housing in the Town of
Vail.
4. The extent of the effects on the future development of the surrounding area;
The creation of Lots 4 and 5 will not have any negative effects on the future development
of the surrounding area. The area of Lots 4 and 5 is unique to the surrounding areas to
the north and west, as these new lots will contain the flattest portion of Tract A and avoid
any negative impacts to the riparian corridor and floodplain of Middle Creek. Other areas
of Tract A are not as feasible for development and access.
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5. The extent to which the proposed subdivision is located and designed to avoid
creating spatial patterns that cause inefficiencies in the delivery of public services,
or require duplication or premature extension of public facilities, or result in a
"leapfrog" pattern of development;
Lots 4 and 5 are adjacent to Lot 1 and Lot 2, Middle Creek Subdivision. Municipal
services and necessary utilities are immediately adjacent to the site. The creation of Lot
4 will result in a continuation of residential development along the North Frontage Road
and provide a future site for early childhood learning while not creating a “leapfrog” pattern
of development.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines;
Lots 4 and 5 are located within the identified service areas of Eagle River Water &
Sanitation District, Holy Cross Energy, and Excel Energy (water, sewer, electric, gas).
These new lots are centrally located within the municipal boundaries of the Town of Vail,
and therefore not outside the boundaries of any urban growth boundaries of the Town or
the utility services providers. Existing utility infrastructure and utility easements are
constructed and platted immediately adjacent to Lots 4 and 5. Subject to existing
franchise agreements, the availability of utility services within the Town of Vail is present.
A determination of utility sizing and level of service required will be made by the utility
providers at the time of the development application submittal. The size and level of
services required are based on the scope of development proposed. Development on
Lots 4 and 5 is not imminent and therefore an application for a development plan has not
been submitted.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
The proposed subdivision provides for the growth of an orderly viable community since it
is centrally located in Town, within walking distance of the major employers, and provides
future residents with convenient access to public transit. There is no doubt this subdivision
request serves the best interests of the community. Based upon numerous community
surveys and local employer input, there is an increased need for additional resident-
occupied, deed-restricted homes for Vail residents.
8. The extent to which the proposed subdivision results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features;
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The proposed minor subdivision is limited to the current total acreage of the existing area
of Tract A (17.2 acres). There would be no adverse impacts to water quality, air quality,
noise, vegetation, riparian corridors, hillsides, or other desirable natural features with the
approval of this subdivision request.
III. Rezoning Request:
The Town of Vail requests the PEC forward a recommendation of approval to the Vail
Town Council to rezone Lot 4, Middle Creek Subdivision from Natural Area Preservation
(NAP) to the Housing (H) zone district, Lot 5, Middle Creek Subdivision to the General
Use (GU) zone district, and the remaining portions of Tract A, Middle Creek Subdivision
currently zoned General Use (GU) to the Natural Area Preservation (NAP) zone district.
Prior to 1995, Tract A was zoned Agricultural and Open Space (AOS) District before it
was rezoned to Natural Area Preservation (NAP) District as a recommended action
consistent with the 1994 Comprehensive Open Lands Plan. Since the adoption of the
Comprehensive Open Lands Plan, the Vail Town Council has adopted the 2018 Update
to the Comprehensive Open Lands Plan and the Vail Housing 2027 Strategic Plan.
According to the 1994 Comprehensive Open Lands Plan, Tract A was identified for a
potential rezoning to the Natural Area Preservation (NAP) District due to the
environmental qualities of the Tract.
This application proposes to amend the zone district designations of Tract A, Middle
Creek Subdivision. Tract A is approximately 17.2 acres in size and currently has 12.73
acres zoned Natural Area Preservation (NAP) and 4.47 acres zoned General Use (GU).
The zone district boundaries in the area of Tract A do not follow the property lines and
the area zoned Natural Area Preservation (NAP) is bisected by the area zoned General
Use (GU) zone district. As requested, this application would rezone the 4.47 acres of
General Use (GU) to the Natural Area Preservation (NAP) zone district, rezone 1.672
acres of Lot 4 from the Natural Area Preservation (NAP) zone district to the General Use
(GU) zone district and rezone the 2.296 acres of Lot 5 from Natural Area Preservation
(NAP) to Housing. The proposed rezoning request will result in a net increase of .502
acres of land in Tract A zoned Natural Area Preservation (NAP).
The area of Tract A currently zoned General Use (GU) is primarily comprised of slopes
greater than 40%, with geologic hazards including medium severity rockfall and high
severity debris flow. According to the Vail Town Code, the General Use (GU) District
permits recreational uses such as bicycle and pedestrian paths, and passive outdoor
recreation, but also allows for conditional uses such as parking structures, public
buildings, and healthcare facilities.
Title 12, Zoning Regulations of the Vail Town Code prescribes the criteria and findings to
be evaluated by the Town of Vail Planning & Environmental Commission when forwarding
a recommendation for a zone district boundary amendment to the Vail Town Council. The
following section of the document highlights the criteria for review and includes a
response to the criteria by the applicant.
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Criteria and Findings for Review:
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission and Town Council shall consider the following factors
with respect to the requested zone district boundary amendment:
(1) The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the
town;
This criterion for the zone district amendment is met, provided the Planning &
Environmental Commission recommends approval of the Vail Land Use Plan
amendment, thereby amending the land use designation of Lot 4 from Open Space to
Public/Semi-Public and Lot 5 from Open Space to High Density Residential.
As part of the General Growth/Development goals of Vail Land Use Plan, the Town is
encouraged to grow in such a manner to maintain “a balance between residential,
commercial, and recreational uses”. The rezoning of Lot 4 from Natural Area Preservation
(NAP) to General Use (GU), the rezoning of Lot 5 from Natural Area Preservation (NAP)
to Housing (H), and the remainder of Tract A currently zoned General Use (GU) to Natural
Area Preservation (NAP) improves upon the balance between these uses. Presently,
there are more than 7,200 dwelling units in the Town of Vail. Of the 7,200 dwelling units,
approximately 950, or roughly 13%, of the dwelling units are deed-restricted for resident
occupancy. The Vail Town Council has adopted a goal of increasing the number of
dwelling units in the Town of Vail dedicated to resident occupancy to a total of 1,700 total
by the year 2027.
While the Land Use Plan discourages the development of Town-owned lands where high
geological hazards may exist, the Plan states that “additional employee housing needs
should be accommodated at varied sites throughout the community”. This zone district
boundary amendment achieves this objective. Further, Chapter 21, Hazard Regulations,
prescribes development standards by which potential geologic hazards must be mitigated
in order to support residential development.
(2) The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents;
The requested zone district amendment is consistent with existing and potential land uses
in the vicinity of the site. The easterly property line of Lot 5 is adjacent to the Middle Creek
Village Apartments development, which also has a land use designation of High Density
Residential and is zoned Housing (H) District, and the southerly property line is adjacent
to the I-70/North Frontage Road Right-of-Way. The property line of the Tract A parent
parcel is bordered on the west by the Solar Vail Apartments development which has a
land use designation of Medium Density Residential and is zoned Housing (H) District.
These existing and potential surrounding land uses are both compatible and suitable to
the proposed intended future use of Proposed Lot 4, Middle Creek Subdivision.
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The rezoning of the existing General Use (GU) portion of Tract A to Natural Area
Preservation (NAP) already has an underlying land use designation of Open Space, and
therefore, is well suited and compatible with this rezoning request. In addition, the
ownership and use of the property immediately to the north of the Tract A parcel is U.S.
Forest Service land which makes an appropriate neighboring use for the Natural Area
Preservation (NAP) zone district.
(3) The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Lots 4 and 5 present a harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives. Given the location of Lot 5 in relation
to Middle Creek Village Apartments immediately to the east, Solar Vail Apartments to the
west, and I-70/North Frontage Road right of way along the southern property line, the
rezoning of Proposed Lot 4 to the Housing (H) District presents a harmonious, convenient,
and workable relationship among adjacent land uses and is consistent with municipal
development objectives. A longstanding development objective of the Town is to provide
for the development of residential properties intended for occupancy by year-round Vail
residents. This has been a development objective as far back as the adoption of The Vail
Plan in 1972. The rezoning of a portion of Tract A from General Use (GU) to Natural
Area Preservation (NAP) also presents a harmonious, convenient, and workable
relationship among land uses as the area is bordered to the north by U.S. Forest Service
property and to the east by Spraddle Creek open space. The proposed zone district
boundary amendment is consistent with municipal objectives for the establishment of
additional resident-occupied housing in the Town of Vail.
(4) The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole;
The proposed zone district amendment provides for the growth of an orderly, viable
community since Proposed Lot 4 is centrally located in Town, within walking distance of
major employers, and provides future residents with convenient access to public transit.
There is little doubt this rezoning request serves the best interests of the community as a
whole. Based upon numerous community surveys and local employer input, it is without
question that there is an increasing need for additional resident-occupied, deed-restricted
homes for Vail residents. Approval of this request for a zone district amendment will not
constitute spot zoning as it will result in a larger, contiguous area zoned Housing (H)
District by adjacency to the existing Middle Creek Village Apartments and the Solar Vail
Apartments and is supported explicitly by the Vail Land Use Plan. The rezoning of the
General Use (GU) District portion of Tract A, Middle Creek to Natural Area Preservation
(NAP) District expands areas of town-owned land within the Natural Area Preservation
(NAP) District, and as such, does not constitute spot zoning.
(5) The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features;
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The proposed zone district boundary amendment from Natural Area Preservation (NAP)
to General Use (GU) on Lot 4 is limited to 1.672 acres, and the area rezoned from Natural
Area Preservation (NAP) to Housing (H) is limited to the 2.296 acres of Lot 5. The
remaining 13.257 acres of Tract A is to be zoned to the Natural Area Preservation (NAP)
District with eligibility to become designated open space. To achieve a total of 13.257
acres of Tract A zoned Natural Area Preservation (NAP) District, the current portion zoned
General Use (GU) District will be rezoned to the Natural Area Preservation (NAP) District
as requested by this application. There would be no adverse impacts to water quality, air
quality, noise, vegetation, riparian corridors, hillsides, or other desirable natural features
with the approval of this zone district boundary request.
Proposed Lot 5 is an infill residential development opportunity to increase the supply of
resident-occupied, deed-restricted homes on town-owned land in Vail. Amending the
zone district to the Housing (H) District will not result in adverse impacts on the natural
environment any more so than any other development of an otherwise vacant parcel in
Vail. The most environmentally sensitive portion of Tract A is the riparian corridor along
the Middle Creek drainage. As proposed, the riparian corridor remains in the Natural Area
Preservation (NAP) District. Due to the extreme southern exposure of Tract A, the existing
vegetation in the area of Lots 4 and 5 is primarily a mix of sage, dryland grasses, and
mountain mahogany with a scattering of struggling lodgepole pine planted on the hillside
in 1994 by the Town of Vail. More than 13.257 acres of Tract A will remain covered with
the existing vegetation and undisturbed. Any future development on the hillside area of
Lots 4 and 5 shall be subject to the development standards adopted by the Town of Vail.
(6) The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district;
The purpose of the General Use (GU) zone district is stated in Section 12-6I-1 of the Vail
Town Code as:
“The General Use District is intended to provide sites for public and quasi-public
uses which, because of their special characteristics, cannot be appropriately
regulated by the development standards prescribed for other zoning districts, and
for which development standards especially prescribed for each particular
development proposal or project are necessary to achieve the purposes prescribed
in § 12-1-2 of this title and to provide for the public welfare. The General Use
District is intended to ensure that public buildings and grounds and certain types
of quasi-public uses permitted in the district are appropriately located and designed
to meet the needs of residents and visitors to Vail, to harmonize with surrounding
uses, and, in the case of buildings and other structures, to ensure adequate light,
air, open spaces, and other amenities appropriate to the permitted types of uses.”
The proposed zone district boundary amendment for Lot 4 is consistent with the purpose
of the General Use (GU) zone district and advances the development objectives and
specific purposes of the adopted Zoning Regulations of the Town of Vail, as stated in
Section 12-1-2 of the Vail Town Code.
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The purpose of the Housing (H) zone district is stated in Section 12-6I-1 of the Vail Town
Code as:
“The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot be
adequately regulated by the development standards prescribed for other
residential zone districts. It is necessary in this zone district to provide development
standards specifically prescribed for each development proposal or project to
achieve the purposes prescribed in section 12-1-2 of this title and to provide for
the public welfare. Certain nonresidential uses are allowed as conditional uses,
which are intended to be incidental and secondary to the residential uses of the
district. The housing district is intended to ensure that employee housing permitted
in the zone district is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure adequate
light, air, open spaces, and other amenities appropriate to the allowed types of
uses.”
The proposed zone district boundary amendment for Lot 5 is consistent with the purpose
of the Housing (H) District and advances the development objectives and specific
purposes of the adopted Zoning Regulations of the Town of Vail, as stated in Section 12-
1-2 of the Vail Town Code.
The purpose of the Natural Area Preservation zone district is stated in Section 12-8C-1
of the Vail Town Code as:
“The natural area preservation district is designed to provide areas which, because
of their environmentally sensitive nature or natural beauty, shall be protected from
encroachment by any building or other improvement, other than those listed in
section 12-8C-2 of this article. The natural area preservation district is intended to
ensure that designated lands remain in their natural state, including reclaimed
areas, by protecting such areas from development and preserving open space.
The natural area preservation district includes lands having valuable wildlife
habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and
areas with significant environmental constraints. Protecting sensitive natural areas
is important for maintaining water quality and aquatic habitat, preserving wildlife
habitat, flood control, protecting view corridors, minimizing the risk from hazard
areas, and protecting the natural character of Vail which is so vital to the town's
tourist economy. The intent shall not preclude improvement of the natural
environment by the removal of noxious weeds, deadfall where necessary to protect
public safety or similar compatible improvements.”
The proposed zone district boundary amendment for the portion of Tract A currently
zoned General Use (GU) to the Natural Area Preservation (NAP) is consistent with this
purpose due to the preponderance of slopes greater than 40%. This proposed Natural
Area Preservation (NAP) zoning is buffered from the existing Mountain Bell Tower site
and the Middle Creek Village Apartments by existing setbacks.
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(7) The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate;
Conditions have changed significantly in the 25 years since Tract A was rezoned from the
Agricultural and Open Space (AOS) District to the Natural Area Preservation (NAP)
District. For nearly five decades, the lack of availability of housing has been an ongoing
concern of the Vail community. What began as a need to ensure safe and adequate
housing for a seasonal workforce, has grown into a region-wide deficit of more than 5,000
homes within the Valley. The lack of availability of housing remains one of the foremost
critical issues facing the Vail community as cited by respondents to community surveys.
As the Town of Vail has become more populated the demand for housing in the Town of
Vail has grown at a corresponding rate. The rate of development of free-market dwelling
units over the past four decades has far outpaced the rate of development of resident-
occupied, deed-restricted homes, causing a significant deficit within the Vail community.
The Vail Town Council has made housing a top priority in the 2018-2020 Action Plan and
the Vail Housing 2027 Strategic Plan. While the Vail Indeed program has proved
successful since its adoption, there is a recognized need to build new resident-occupied,
deed-restricted homes in the Town of Vail. The rezoning of Lot 4 provides a future
location for much needed early childhood learning and the rezoning of Lot 5 creates a
future land resource opportunity for the Town to pursue “catch-up” housing opportunities
on the site.
In the case of the portion of Tract A proposed to be rezoned to Natural Area Preservation
(NAP) District from the General Use (GU) District, the rezoning for this portion was
approved prior to the minor subdivision requesting the creation of the West Middle Creek
Parcel. At the time of the subdivision, both portions of Tract A were placed in the same
development lot. This rezoning reflects the decision to keep these portions of Tract A as
a single lot by unifying its zoning designation.
(8) Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
The scarcity of available land resources to meet the growing needs of early childhood
learning and resident-occupied, deed restricted housing has been an ongoing concern
for the Vail community. Simply stated, there is little to no land area remaining for these
much-needed community uses. New opportunities need to be created where practical,
appropriate and feasible. The newly created and rezoned Lots 4 and 5 are a practical
and appropriate location to create new opportunities for early childhood learning and
housing as demonstrated by the West Middle Creek Site Feasibility Study. Tract A is
town-owned and centrally located between the two commercial job core areas of Vail.
Developing new early childhood learning and housing opportunities for Vail’s workforce
conveniently located near places of employment and businesses is responsible
community development and land use planning. These two new lots meet a community
need and do so in an infill development location. It does not require sprawl or growth
outside of the established urban growth boundaries of the Town of Vail.
Amending the zoning for the new Lots 4 and 5 is good land use planning. By design, the
only allowed type of development in the Housing (H) District is resident-occupied, deed-
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restricted housing. If additional early childhood learning and housing are what the
community needs, and the location of new Lots 4 and 5 is practical and appropriate for,
then good land use planning dictates that applying the General Use (GU) and Housing
(H) zone districts to Tract A is a logical decision.
The Town missed numerous opportunities to address the early childhood learning and
housing needs during the past five decades. In many instances, the growth of free-market
dwelling units was prioritized and outpaced the development of early childhood learning
and local resident housing. The crucial need for these vital community uses exists and
more easily developed sites are already developed with other uses.
IV. Summary:
The obligation to demonstrate compliance with the prescribed development application
review criteria lies with the applicant. The Town of Vail Planning & Environmental
Commission’s role is to determine whether, based upon the review criteria and factors for
consideration, the applicant has met their compliance obligation.
The Town of Vail has provided a written response to the review criteria for the Vail Land
Use Plan amendment, the minor subdivision application, and the rezoning request for the
Commission’s consideration. In doing so, the relevant information has been provided
which supports a recommendation of approval of each of the development applications
from the Planning & Environmental Commission to the Vail Town Council. The applicant
has shown that each of the applications complies with the applicable criteria and serves
to advance the Town’s municipal objectives and development goals. As proposed, the
applications will result in future development which is not only compatible with
surrounding uses and existing development, but does so in a location that has been
considered feasible for residential development. Most importantly, it has been
demonstrated that there remains a critical need for land within the Town of Vail to be
rezoned and repurposed for early childhood learning and local resident housing.
Identifying community needs and creating future opportunities to fulfill those needs
demonstrates responsible land use planning.
Exhibits:
1. Land Use Plan Amendment Map
2. Minor Subdivision Plat
3. Rezoning Map
(EIR, Steep Slopes and Geohazard maps attached to staff report)
144
Present:Bobby Lipnick
Karen Perez
Henry Pratt
Bill Jensen
Reid Phillips
Brian Judge
Absent:John Rediker
1.Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2.Call to Order
3.Worksession
4.Main Agenda
Planner: Greg Roy
Applicant Name: Town of Vail, represented by SE Group
4.1
PEC22-0016 - A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend portions of Title 12, Zoning Regulations and Title 14, Development
Standards, Vail Town Code to create the West Vail Multiple Family 1 (WVMF1) and West
Vail Multiple Family 2 (WVMF 2) Zone Districts and setting forth details in regard thereto.
Items 4.1 and 4.2 are heard concurrently.
Planner Roy gives a presentation to introduce the history of the Master Plan. Ellie Wachtel with SE
Group follows up with specific info and goals regarding the Master Plan process. The PEC meetings
started back in June, this is 6th meeting at the last meeting there was a 3-3 vote with no
recommendation. Staff revised language regarding density and interior conversions. Roy notes a
proposed condition that legal should look at Sections 12-6L and 12-6K before going to council.
Phillips says clarification is needed on legal language.
Perez says that gives her caution, there has been a month and a half to figure out the language and the
Planning and Environmental Commission Minutes
Monday, December 12, 2022
1:00 PM
Vail Town Council Chambers
Staff Memorandum PEC22-0016 12-12-22.pdf
Attachment A. 14-8-1 Site Development Standards Table Amendments.pdf
Attachment B. Public Comment - Aasland - 8-11-22.pdf
Attachment C. Public Comment - Gadberry 8-1-22.pdf
Attachment D. Public Comment - Bergey 11-22-22.pdf
Attachment E. Public Comment - Bernstein 12-8-22.pdf
Attachment F. Public Comment - Bergey 12-8-22.pdf
Attachment G. Public Comment - Gadberry 11-28-22.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 145
commission needs the language to make decision. Every word counts.
Jensen seconds that thought.
Judge asks why are we not approving the map? He personally missed the conversation and has
questions relating to the zoning map. He asks how the lines were decided and why certain properties
were excluded. The letters of concern from public are concerning to him. He would like to understand the
philosophy of why some were excluded or included.
Roy says characteristics lend themselves to the product of the development and was a process.
Judge sites a case shared driveways and is concerned about larger development along access into the
site.
Wachtel says it was looked at parcel by parcel. The map started with more properties included. There
was a focus on properties that already had multi-family.
Judge says he is concerned about spot zoning without consistent metrics applied.
Pratt says last meeting we talked about the cases where there was a single family or duplex that did not
want to be involved in deed restriction. He does not see that in the minimum density language. If a
single-family or duplex redevelops, do they need to be deed restricted?
Phillips says two or fewer units do not need to have deed restricted requirements upon redevelopment
per last meeting.
Planner Roy noted this to change in the amendment.
Perez adds that this language is not in the memo nor the amendment. It needs to be included to move
ahead.
Perez asks for public comment.
Sue Gadberry is a West Vail resident. She hands out a letter to commission members. Half of existing
units in her complex are deed restricted. All units are occupied by local residents, except one lives part
time in retirement in another state. She states that deed restriction requirements his will make a
difference to our community. She is concerned about upgrading the current building to meet the
requirements of new regulations that would be in place if a fire were to destroy the property. What is the
benefit from existing deed restricted units? In order to deed restrict more units, locals would need to
come up with more money. Would the Town pay for that? Typically, the Town would give money to give
restrictions on property. That is not true here. The owners would have to pay for this deed restriction and
pay to redevelop. These units would now also be Ggandfathered rebuild which reduces the size of units.
Could couples or families still reside if unit sizes shrink? Could there be a credit for existing deed
restrictions? Would housing still be suitable for people working in the community?
Benji Gadberry lives in the neighborhood. He says local workers live in the building and are concerned
about way the proposed zoning is looking at redevelopment. Redevelopment may be only option if
building burns down, it won't meet requirements by new standards if just rebuilt as-is. He acknowledges
the difficulty in the planner role in the housing crisis. He asks commission to slow down the process to
see how the changes will impact the working locals.
Angela Overy owns three units in 2039 Chamonix Lane. They are full time rental units with long term
tenants. She listens to other locals mention fire and rebuilding and it sounds horrific. If she had a fire at
her building, she would rebuild to increase the number of units as it would be practical for people of the
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 146
valley (more units to rent). However, the numbers for her don't work financially right now, as she likes to
keep it at affordable rental space for locals. Her property is doing good at the moment, but she would like
ideas from the town.
Kathy Langenwalter lives on Arosa Drive. Her property is not affected by the change, but neighbor is.
She says buildable is the important word. Was on the planning commission when EHUs and Buildable
area were codified. Here, we are opening up issues of spot zoning; ability to make building site livable,
should not include excessive slope in calcs. She says buildable area is deleted in this document, it
should not be the total lot area. Multifamily GRFA and lot size should be based on buildable area. She
references the appropriate types of EHUs for the area. She asks about the reduction in parking? Why
would we do that - its a mistake. The setbacks were changed from 20 feet to 15 feet. Multifamily has
larger bulk which is the reason for larger setbacks for air and space. She has many concerns there. The
WVMF2 proposal is more palatable in the main area, but it still is spot zoning and not consistent with the
mapping. The neighborhood already has consistency, but why can't we come up with a redevelopment
process? The document is very advantageous to redevelopment by a developer, butnot for a local. She
would hate to see this turn into a place where you can't live as a resident and local.
Greg Gadberry is full time resident at Vail Hieghts. The Master Plan provides detailed goals and
strategies to preserve what is popular about West Vail. The policies seem responsive to helping local
property owners. But the zoning proposes strict limits on the number of units per acre. If we lose our
building to fire, we will have to reconfigure deed restriction numbers. Where are the incentives for
existing property owners of "old west Vail"?
Siri Roman lives on Alpine Drive. She is trying to understand the impacts; the beauty of west Vail is that
it is an eclectic neighborhood, where the locals live. She wonders if the area will be gentrified with larger
developers moving in? What will fabric of the neighborhood look like once developers move in? It's
affordable, charming; she wants to learn more about the real intent of development.
Jack Bergey lives in the neighborhood. He asks if it's a current duplex, can you build a duplex back and
not deed restrict? The new proposed plan doesn't address development on lots under 10,000 sf. We all
want to preserve locals housing everyone wants the same thing? The Master Plan wants to make units
conforming and replace aging units - who is going to help the locals financially? It seems as if there is a
huge penalty if locals try to develop their properties further. GRFA is cheapest square footage you can
build; the site coverage and setbacks are worthless with the restrictive GRFA. He appreciates the hard
work around this though despite his concerns.
Bob Armour lives on Arosa Drive. He acknowledges Judge's assessment of spot zoning. He says he
doesn't think with good conscience that the PEC can forward this to Town Council without the legal
wording.
Julie Overy manages properties for her mother, who provides rental units to locals. They recently had an
assessment done on the property; the only way to make money is to redevelop with less units. However,
this takes away from the goal of helping locals. There are a lot of unintended consequences in the plan
and it favors developer-driven redevelopments. It appearsthat independent, small-scale development will
be nearly impossible under plan. She is wondering if the overall character of the neighborhood will
change. There needs to be increases in GRFA adjusted parking, and a re-look at EHUs. In terms of
deed restrictions, she is asking the Town to "give us a carrot to add additional units".
Jacquelyn Deveric lives on Alpine Dr.. She wrote letter and her brother will pass out letter. The letter will
be part of official record. She appreciates the work involved with the Master Plan, although she has
concerns about the plan especially regarding the WVMF2 area. The current zoning exists for a reason.
What is proposed turns a part of the neighborhood into a Denver suburb apartment-style development.
Blanket change is not an appropriate response. Property owners knew what zoning was when they
bought it and are asking that the Town doesn't change the rules after many decades. Redevelopment is
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 147
only advantageous for a large developer. But for the rest of us, it forces us to take huge cuts to our
property values, forced deed restrictions and a change in lifestyle. This plan is not enough. We shouldn't
make change hastily to the neighborhood.
Perez asks for commissioner comment.
Jensen thanks everyone for all of the public comment which is very valuable. We do have a housing
crisis. I'm sure the plan evolved to help solve this. I don't see this plan as attractive to a large developer.
The map doesn't work to their benefit. The potential largest developer down the road is most likely the
Town of Vail. However, the plan doesn't feel well thought out at this point. What happens with one owner
of multiple properties? It does make sense in case of fire to help add units to help enhance properties if
insurance in involved.
Phillips says this plan is trying to help a larger problem. There is not an option to maintain the current
housing inventory with existing zoning without changes to the zoning. Maintaining units, not taking away
units is the goal and is critical to local workforce. Regarding parking utilizing public transit is the goal of
this plan and reducing single car driving. By reducing parking demand, we encourage public mobility
option. Site coverage is a concern; the plan is trying to increase the amount to allow space concern,
trying to give that "carrot" for both developer and local owners. The current zoning is not working and
needs to updated. This plan is not perfect, it is a work in progress. Given the fabric of community, blanket
zoning doesn't work. There is a need to look at each property, trying to find properties that just don't
work. The PEC understands the importance of this neighborhood and we are trying to support employee
and affordable housing. We will continue to work on this.
Judge echoes his previous colleagues. He sympathizes with public comment. The plan is trying not to
become an incentive for outside developers and is trying not to blanket zone. He has concerns about
setbacks and site coverage today, but not necessarily concerned about WVMF2. He is wondering why
these properties are not included in the zoning study: 2328 Garmisch. 238 Garmich townhomes, 2239
Chamonix ( Capstone townhomes (1817 Meadow), 1895 Meadow, Meadow and Buffehr Creek. In
regards to the fire and rebuilding conversations, he knows that Town will work with residents on
rebuilding in an appropriate time frame and to best meet the needs of the owners. He stresses that we
need to properly zone this part of Vail.
Pratt says he encourages the public to go to Council with their opinions and concerns. He notes that this
has been a difficult process, particularly with the spot zoning. Basically, we took out ones that didn't meet
the zoning requirements, which could be spot zoning. He disagreed about parking, as it is considered an
incentive to those who are redeveloping to give more GRFA. Maybe use increased height, lot coverage,
etc. to act as incentive. Pratt recognizes that this is an imperfect document. However, this is all currently
zoned as primary/secondary residential and we are trying to make it easier for residents to rebuild. EHUs
do represent a reduced value vs regular residential units. To rebuild, owners do not need to decrease
size of units to accommodate new requirements, this is false information.
Lipnick thanks everyone for your comments. This is a difficult process and has been throughout this
year. It is an imperfect process and we are not ready to vote on it. The exception raised at last meeting
has not been included (single family / deed restrictions) and he is concerned about spot zoning. The
importance of the character of existing neighborhoods is extremely important. Employee housing is ideal
in existing neighborhoods. There is a balancing act between getting the right residential, commercial and
recreational needs; there is no perfect solution. He hears the concerns from the residents: traffic,
population, safety and that it is not what you bought into years ago. However, we must remain flexible in
responding to the needs of the community. We need to come up with the best recommendation possible
but be consistent with Vail housing plan, West Vail master plan, Vail comprehensive plan and the need
for workforce and locals housing.
Perez thanks everyone again for coming out. The more input we can get, the better. We need to change
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 148
the properties into conformance - change is necessary. We can do better, although there is no perfect
solution. We need legal language about the number of legal units before we can move forward. There is
no exception for the two units (re: from last meeting) regarding deed restriction. EHU 3 and 4 needs to
change, especially if EHU 3 is not possible. In terms of parking, west Vail has more bus lines than
anywhere, and the area encourages mobility changes. Currently, it is a mosaic of zoning, so we are
doing our best. We still don't have a two year rebuild policy after a calamity situation - one year doesn't
work with insurance and permits, etc. We definitely need to see the legal language before making a
decision. We also need to see examples. Perez would offer legal expertise to help town attorney to get
this moving forward with council and to get this topic off of commissioner's plate.
Perez asks would the applicant like to table or vote?
Roy asks for a Tabling for the January 9th PEC meeting date. He says we will address issues and study
properties that came up as noted by Judge on zoning map.
Perez says to get the legal language; and specifically give updates on legal language regarding density
as soon as possible well before meeting date for commission to review.
Phillips says we need to provide direct case studies on specific residences including over maximum
density cases. What are the effects of new zoning on some of these properties? What penalties or
advantages are there if they rebuild as-is? .
Roy says we can do that, especially with units, unit count, GRFA, and site coverage. We can provide a
full breakdown of what's existing and what is possible.
Pratt says if language for minimum unit count is existing, could more of the zone district be applied and
avoid spot zoning? It's possible that what's there would be allowed.
Phillips says no net loss of units has been a conversation for quite some time.
Judge says if the district could be larger then it may avoid the concerns about the zoning brought up
today.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by SE Group
4.2 PEC22-0029 - A request for a recommendation to the Vail Town Council for a Zone
District Boundary Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to establish the boundaries of the West Vail Multiple Family 1 (WVMF1) and
West Vail Multiple Family 2 (WVMF2) zone districts and setting forth details in
regard thereto.
4.3 PEC22-0018 - A request for a recommendation to the Vail Town Council for a review of a
Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail
Henry Pratt made a motion to Table to January 9, 2023; Reid Phillips seconded the motion Passed (6
- 0).
Staff Memorandum PEC22-0029 12-12-22.pdf
Attachment A. Zone District Amendment Proposal.pdf
Henry Pratt made a motion to Table to January 9, 2023; Reid Phillips seconded the motion Passed (6
- 0).
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 149
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
Land Use Plan, to change the designation of the portions of Tract A Middle Creek
Subdivision from Open Space to Public/Semi-Public and High Density Residential and
setting forth details in regard thereto.
Items 4.3 - 4.5 will be heard concurrently.
Planner Roy gives a history of the items. At the last meeting, the PEC requested the hazard and slope
maps and the environmental impact report (EIR). He gives a history of the property. He gives a summary
of the requests, and the requests are order specific. He shows maps of the vicinity and the proposal. He
walks through the hazard and steep slope maps. He summarizes the findings of the EIR report, there
were not excessive concerns beyond those of normal redevelopment.
Pratt asks when the RETT funds were used to purchase the property.
Roy says he will have to double - check.
Community Development Director Matt Gennett confirms it was purchased from Vail Resorts using RETT
funds.
Lipnick asks for clarifications of the lots in the area.
Roy walks through the vicinity map.
Roy talks about the map for excessive slope.
Judge asks how many units are in Middle Creek.
Roy says he would have to check.
Perez says once a property is zoned open space it is next to impossible to overturn that. She asks for
clarification.
Roy talks about the difference between zoned Open Space and Designated Open Space.
Phillips asks about the percentage of the swap related to the zone district amendment.
Gennett believes there is a net increase in Natural Area Preservation.
Matt Gennett is representing the applicant. He gives a summary of the requests. He walks through the
maps and indicates that none of these proposals is in a high hazard area.
Lipnick asks how the hazard risk compares to Middle Creek and Residence at Main Vail.
Gennett says it is similar. Both sites had similar hazards, and a variance was granted for portions of
Staff Memorandum - WMC - LU Amend 12-12-22 .pdf
Attachment A. West Middle Creek - Applicant Narrative 120822.pdf
Attachment B. Proposed Land Use Amendment Map.pdf
Attachment C. Hazards and Slope Maps.pdf
Attachment D. EIR Summary.pdf
Attachment E. West Middle Creek EIR - Terracon - 12-9-22.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 150
Residences at Main Vail related to slope.
Gennett says one of the goals is to provide a location for early childcare. The current site for the
Children's Garden of Learning is a temporary location. He addresses the criteria for each item. There is
no development plan at this point but it would come back before the PEC at that time. The goal is to run
this in conjunction with Timber Ridge so they can accommodate as many people as possible that may be
temporarily relocated due to redevelopment.
Perez says the plat has a reference to a 2020 title commitment, but the 2020 title commitment was not
received. She thinks the concept is fine, but the plat does not meet all the standards. She asks for an
updated one and referencing the correct one on the plat.
Phillips suggests attaching that as a condition of approval.
Gennett says staff will address Perez's concerns, it could be a condition of approval.
Jensen asks for clarification on the lots.
Gennett says the intent of Lot 4 is access and childcare facility, and Lot 5 the intent is to create housing
there. Most of Lot 5 is not in the 40% or greater slope are, so the majority of the development if not all of
it would be in area less than 40% grade.
Jensen clarifies that the western lot will be for housing and the eastern lot would be childcare and
access.
Roy clarifies that the best route of access is still being determined and will be included at the
development plan.
Gennett says there are conversations with CDOT regarding some of the right of way area next to the
frontage road. If an agreement was reached they would amend the proposal. When the development
plan is presented it would address all criteria.
Judge asks about the criteria in the Housing zone district.
Gennett says the PEC would be making the final determination on the development plan.
Judge asks if the density would be similar to Middle Creek?
Gennett says only preliminary feasibility studies have been done, they haven't got as far specific density.
Judge asks about Lot 4 and if the access has been studied.
Gennett says they have worked in conjunction with the Town Engineer regarding potential access.
Judge says he questions why this process takes place without a conceptual development plan. He
suggests the Town take a look at that process.
Gennett confirms.
Perez asks for public comment. There is none.
Lipnick says the three requests meet the review criteria and supports the proposal.
Pratt says the original zoning plan was not in error. The need for early childcare was self-imposed by the
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 151
town, it's now proposed on a steep slope. This property was purchased with RETT funds, the Town is
now reneging on that process. There are other options, and this is an incredibly difficult site.
Judge says the applicants have answered the questions. This is a confined jurisdiction, and he has
questions about construction on steep slopes. It may be expensive for the Town to create proper access;
he wouldn't support childcare on Lot 4 as he understands it today.
Phillips thanks staff for providing the requested information. He says we have to be fairly creative to
resolve the current housing crisis. With current construction technology they might be able to solve the
steep slope areas. He wants to continue to be innovative in looking for land options for housing.
Jensen says this area is appropriate for affordable housing development. He wants to ensure that Lot 4
will be safe in regards to the proposed use when it gets to that point.
Perez agrees it may not be the best place for a children's center. She suggests more lighting and safer
crossing underneath I-70, particularly for pedestrians. She will vote against it because she doesn't think a
condition addresses her concerns regarding the submittal requirements. She thanks staff for their efforts.
She says we want to move this along but need to do this in the proper way.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
4.4 PEC22-0020 - A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for a subdivision to create new parcels, Lot
4 and Lot 5 Amended Final Plat Middle Creek Subdivision, a Resubdivision of Tract A, and
setting forth details in regard thereto.
Discussion continues on Item 4.4
Judge asks about more information regarding RETT funds. What did it say in 1974 regarding use for
open space?
Pratt says the money is intended for the purchase of open space, has been amended to include Housing
sites.
Judge says there should be a condition.
Perez says her hang-up is that she can't say it meets the criteria because of the title submission.
Phillips asks if a 2020 Title Commitment is present.
Reid Phillips made a motion to Recommend for approval with the findings in the staff memo; Bill Jensen
seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Staff memorandum - WMC - Minor Sub 12-12-22.pdf
Attachment A. Proposed Final Plat 10-26-22.pdf
Attachment B. West Middle Creek - Applicant Narrative 120822.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 152
Gennett confirms it can be forwarded to the commissioners.
Gennett confirms the RETT fund will be reimbursed commensurately to the value in the same manner as
was done for the other lots in the subdivision.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
4.5 PEC22-0019 - A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow
for the rezoning of the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing, and setting forth details in regard thereto.
Discussion continues on Item 4.5
Judge says he has reservations about the slope related to GU Lot 5.
Roy says it will be back before the PEC.
Jensen says it is a Town project, but we have to hold everybody accountable to the same level.
Phillips and Perez talk about the requirements for title commitments.
5.Approval of Minutes
5.1 PEC Results 11-14-22
6.Information Update
6.1 EV Readiness Plan Update
Reid Phillips made a motion to Approve with the findings in the staff memo and the following conditions
1. The applicant shall provide an updated title report to Staff
2. The RETT fund will be reimbursed in the same manner as was done for the other lots in the
subdivision.
; Brian Judge seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Staff Memorandum - WMC - Rezoning 12-12-22.pdf
Attachment A. Applicant Narrative 120822.pdf
Attachment B. Zone District Amendment Proposal.pdf
Reid Phillips made a motion to Recommend for approval with the findings in the staff memo; Bobby
Lipnick seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Bobby Lipnick made a motion to Approve ; Bill Jensen seconded the motion Passed (6 - 0).
PEC Results 11-14-22.pdf
EV Readiness Plan Memo 12-12-2022.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 153
An update is provided by Cameron Millard (Energy Efficiency Coordinator), Beth Markham
(Environmental Sustainability Coordinator), and Chris Southwick (Mobility Innovation Coordinator). They
give a presentation on the progress of the plan. Millard talks about the stakeholder input process. He
talks about the electric vehicle (EV) charging infrastructure in town and strategies for increasing EV
charging infrastructure.
Perez asks about the associated costs and where these will be located. She is concerned about the
equity issue, who are these being catered to. She is for the environment but the costs of the proposal
give her pause. She says more bus service may be a better solution.
Millard says the plan addresses bussing and other mobility solutions. The single occupancy vehicle
(SOV) is the last resort and other modes should be encouraged. But if it is an SOV trip, electric is
preferred. This is not trying to be a transportation master plan, it's looking at the adoption of EV to meet
climate goals in a fair and equitable way.
Markham says the the plan will look at what the policy strategies should be. Millard and Markham
discuss possible fee strategies.
Judge agrees that the infrastructure backbone needs to be put in place. The management and fee
strategy will need to be examined. He suggests working with Town-owned redevelopment projects.
Jensen encourages looking at how they can grow 100% a year instead of 50%. He suggests adopting
pay to play principles. He encourages being bold to meet the increasing demand.
Perez says there is a big barrier to entry which hopefully will be reduced moving forward.
Millard talks about the current use in Vail.
Phillips asks about the costs of the utilities provided to Level 2 chargers. He knows Vail Fire has
significant concerns about EV chargers, which is shared by some neighboring communities. It is a
significant concern and he wants to make sure safety concerns are addressed with the infrastructure
implementation. We need to provide these parking spaces but it can be difficult to rationalize rising
parking costs while there is free electric charging.
Southwick says it is a evolving field and they will have to consider best practices moving forward.
Phillips and Jensen discuss potential strategies.
Markham says this was born out of the GOEV city resolution that the Town adopted in the fall of 2021.
Pratt suggests emphasizing the fast chargers more; they maybe shouldn't be inside the parking the
structure, but rather in the short term parking spots. The Level Two chargers will be less desirable
moving forward compared to the fast chargers.
Southwick talks about the Town-owned fleet of vehicles. The technology is changing rapidly so the
targets might change as they are revisited moving forward. He walks through fleet transition strategies.
Judge asks about the cost, longevity, maintenance of an electric bus in related to combustion.
Southwick runs through the up front costs, and other costs like batteries.
Pratt says the longer term goals past 2030 may need to be revised given emerging technologies like
hydrogen powered vehicles.
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 154
Millard talks about EV readiness policies and strategies.
Judge says personal transportation will change significantly over the next decades.
Lipnick says the county is looking at Zipcars, is the Town also looking at these.
Markham says that's a good segway into the community EV readiness goals and strategies. There is an
equity lens for all the strategies including decreasing the barriers for adoption.
Pratt asks if fleet pricing can be leveraged for the general population of Vail.
Markham says that could be an opportunity to look at.
Jensen suggests looking at taxes for leasing EVs.
Markham addresses micro-mobility goals.
Judge says this is also a growing field that it's good to get ahead of, the interface will be important.
Pratt says you could consider gearing down some of the eBikes for safety concerns.
Markham says that is incorporated in the ebike share program.
Phillips suggests the implementation of more solar on Town facilities on the sustainability side.
Millard says its on the radar, the utilities don't necessarily want more PV unless it comes with storage,
which is a key component.
7.Adjournment
(Perez absent)
Reid Phillips made a motion to Adjourn ; Bobby Lipnick seconded the motion Passed (5 - 0).
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 155
1
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 12, 2022
SUBJECT: A request for a recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to allow for the rezoning of the portions of Tract A Middle
Creek Subdivision from Natural Area Preservation to General Use and
Housing, and setting forth details in regard thereto. PEC22-0019
Applicant: Town of Vail, represented by Community Development Director
Matt Gennett
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, represented by Community Development Director, Matt
Gennett, is requesting a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, for
the rezoning of the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing.
Based upon Staff’s review of the criteria outlined in Section Vl of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council.
II. DESCRIPTION OF REQUEST
The applicant is proposing to rezone portions of Tract A Middle Creek Subdivision from
Natural Area Preservation to General Use and Housing. Portions of the Middle Creek
Subdivision are developed, consisting of Middle Creek Housing, Residences at Main
Vail, and the Mountain Bell tower. Lots 4 and 5 being proposed for rezoning are not
developed and currently sit vacant.
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Town of Vail Page 2
The map below shows the existing and proposed zoning.
The following are included with this memorandum as attachments for review by the
commission:
A. Applicant Narrative, 12-8-2022
B. Zone District Amendment Proposal
II. BACKGROUND
The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8,
Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts.
This rezoning was part of a larger rezoning that occurred after the passage of the 1994
Open Lands Plan adoption.
In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the
development of Middle Creek Housing and to create the site for the telecom tower. In
2020, a subdivision application was approved by the PEC to create Lot 3 as the site for
the Residences at Main Vail project.
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Town of Vail Page 3
III. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Land Use Plan, the Vail Village
Master Plan and the Vail Town Code are relevant to the review of this proposal:
Vail Town Code
TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE
12-3-7: AMENDMENT:
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
districts shown on the official zoning map may be amended, or repealed by the town
council in accordance with the procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this title or a change in zone district
boundaries may be initiated by the town council on its own motion, by the
planning and environmental commission on its own motion, by petition of any
resident or property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the administrator. The
petition shall include a summary of the proposed revision of the regulations,
or a complete description of proposed changes in zone district boundaries
and a map indicating the existing and proposed zone district boundaries. If
the petition is for a change in zone district boundaries, the petition shall
include a list of the owners of all properties within the boundaries of the area
to be rezoned or changed, and the property adjacent thereto. The owners' list
shall include the names of all owners, their mailing and street addresses, and
the legal description of the property owned by each. Accompanying the list
shall be stamped, addressed envelopes to each owner to be used for the
mailing of the notice of hearing. The petition also shall include such additional
information as prescribed by the administrator.
C. Criteria And Findings:
1. Zone District Boundary Amendment:
a. Factors, Enumerated: Before acting on an application for a zone
district boundary amendment, the planning and environmental
commission and town council shall consider the following factors with
respect to the requested zone district boundary amendment:
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Town of Vail Page 4
(1) The extent to which the zone district amendment is consistent
with all the applicable elements of the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
(2) The extent to which the zone district amendment is suitable with
the existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the town's adopted
planning documents; and
(3) The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
(4) The extent to which the zone district amendment provides for
the growth of an orderly viable community and does not constitute
spot zoning as the amendment serves the best interests of the
community as a whole; and
(5) The extent to which the zone district amendment results in
adverse or beneficial impacts on the natural environment, including,
but not limited to, water quality, air quality, noise, vegetation,
riparian corridors, hillsides and other desirable natural features; and
(6) The extent to which the zone district amendment is consistent
with the purpose statement of the proposed zone district; and
(7) The extent to which the zone district amendment demonstrates
how conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate; and
(8) Such other factors and criteria as the commission and/or council
deem applicable to the proposed rezoning.
b. Necessary Findings: Before recommending and/or granting an
approval of an application for a zone district boundary amendment, the
planning and environmental commission and the town council shall
make the following findings with respect to the requested amendment:
(1) That the amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and
compatible with the development objectives of the town; and
(2) That the amendment is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas; and
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Town of Vail Page 5
(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.
12-6I: Housing (H) District
12-8C: Natural Area Preservation (NAP) District
12-9C: General Use (GU) District
Vail Land Use Plan (in part)
Key Goals
B. Residential Uses
1. Additional residential growth should continue to occur primarily in existing, platted
areas.
E. General Growth and Development
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.
5. Development may also be appropriate on Town-owned lands by the Town of Vail
(other than park and open space) where:
a. No high geologic hazards exist; and
b. Such development is for public use.
Land Use Plan Assumptions
A. New development would for the most part, occur within and adjacent to already
developed areas.
C. That substantial areas of open space would remain in the Town.
D. That constraint areas should be considered in the designation of areas for future
development.
F. That hillsides should also be assessed, taking constraints into consideration.
IV. SITE ANALYSIS
Address: No Address
Legal Description: Tract A Middle Creek Subdivision
Existing Zoning: Natural Area Preservation (NAP) District and General
Use (GU)
Proposed Zoning: Housing (H) District and General Use (GU)
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Town of Vail Page 6
Land Use Plan Designation: Open Space (proposed to change with PEC22-0018)
Current Land Use: Open Space
Proposed Land Use: High Density Residential and Public/Semi-Public
Geological Hazards: Moderate Hazard Debris Zone and Medium Severity
Rockfall
Development
Standard
Natural Area
Preservation
(NAP)
Housing (H) General Use (GU)
Lot Size NA Prescribed by PEC Prescribed by PEC
Minimum Setbacks NA 20’ from perimeter of
zone district Prescribed by PEC
Maximum Height NA
NA Prescribed by PEC Prescribed by PEC
Density NA Prescribed by PEC Prescribed by PEC
Site coverage
maximum
NA Max. 55% of site area Prescribed by PEC
Minimum Landscaping NA Min. 30% of site area Prescribed by PEC
V. SURROUNDING LAND USES AND ZONING
Existing Use Zone District
North: US Forest Land NA
South: Telecom/Housing General Use (GU)/Housing(H)
East: Open Space Natural Area Preservation (NAP)
West: Open Space Natural Area Preservation (NAP)
VI. REVIEW CRITERIA
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission shall consider the following factors with respect to the
requested zone district boundary amendment:
Zone District Boundary Amendment Factors
1. The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined
in the Vail comprehensive plan and is compatible with the development
objectives of the town.
The proposed zone district amendment is supported by the Vail comprehensive
plan. One component of the comprehensive plan is the Land Use Plan. In the
plan, some key goals are to have additional growth within existing platted areas
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Town of Vail Page 7
and areas without high geologic hazards. The proposed amendment would be in
a subdivided tract and outside of any high-hazard areas. The plan also notes that
development on hillsides may be appropriate on a case-by-case basis and that
the development should be low-density as visibility from the valley floor is a
consideration. When the plan refers to development on a hillside, the goal is to
limit low density residential at the ridgeline. It was not contemplating residential
development at the base of the hillside near the valley floor. Later, the General
Growth and Development section of the plan notes that the development of
Town-owned land may be appropriate if it isn’t in the high hazard zones and the
development is for a public purpose.
Considering those sections and goals, it would appear the plan allows for hillside
development of public land if it serves a public purpose. As the Town is the
owner and applicant on the application, those requirements would be met.
Staff finds that the proposed zone district amendment conforms to this criterion.
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and potential
surrounding land uses as set out in the town’s adopted planning
documents.
Part of this amendment is rezoning some areas to the north of the Mountain Bell
tower from GU to NAP. This is suitable for existing and potential uses around the
site as it is the least developable area of Tract A. It lends itself to NAP to
preserve the uphill area of the tower and housing development, rather than
contemplate further development up the hill.
Conversely, the area adjacent to the right-of-way is currently open space that is
zoned NAP but has residential development on either side. This portion of the
site would be best suited to additional housing opportunities or other uses that
may be permitted in the GU district than further up the hill of the site. When
contemplating the Housing district, having it easily accessible to the road and to
walkable areas is the most suitable.
Staff finds that the proposed zone district amendment conforms to this criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives.
The proposed zone district amendment is consistent with the adjacent zoning on
the property to the east. The new area of GU would be adjacent to the lot that is
currently zoned GU. While the proposed Housing district area does not share a
boundary with another existing Housing district site, in the vicinity it is common to
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Town of Vail Page 8
see Housing zoning adjacent to the right-of-way. Similar sites have been zoned
Housing recently such as Lot 3 of Middle Creek and Solar Vail.
Staff finds that the proposed zone district amendment conforms to this criterion.
4. The extent to which the zone district amendment provides for the growth of
an orderly viable community and does not constitute spot zoning as the
amendment serves the best interests of the community as a whole.
The proposed zone district amendment provides the appropriate incentives for
the orderly redevelopment of the subject properties. The development standards
of both the General Use and Housing districts are set by the PEC and will
provide for more control from the Commission on how the sites are developed in
terms of site planning, height, density, and setbacks. The area along the frontage
road has already been developed with public/semi-public uses and housing
developments. Continuing those uses in this area will provide an orderly
development that is in the best interest of the larger community.
Staff finds that the proposed zone district amendment conforms to this criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features.
The amendment does not have any direct impacts that are either adverse or
beneficial to the natural environment. It will increase the development
opportunities on the lower portion of the site but will also reduce the potential
development on the higher elevations of the tract. In the proposed districts the
majority of standards are set by the PEC, which will allow for further input into the
development process to control any possible negative externalities to the
environment. The proposed zoning change to this existing development would
not negatively affect riparian corridors, air quality, water quality, or other
environmental aspects.
Staff finds that the proposed zone district amendment conforms to this criterion.
6. The extent to which the zone district amendment is consistent with the
purpose statement of the proposed zone district.
The proposed zone district amendment is consistent with the purpose statements
for the General Use and Housing districts. The Housing statement reads “…the
zone district is appropriately located and designed to meet the needs of residents
of Vail, to harmonize with surrounding uses, and to ensure adequate light, air,
open space and other amenities”. This amendment will incorporate the district in
an appropriate area in harmony with the adjacent sites and uses.
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Town of Vail Page 9
The General Use amendment will meet the purpose by further providing access
and quasi-public uses that are necessary to develop the adjacent proposed
Housing site.
Staff finds that the proposed zone district amendment conforms to this criterion.
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the subject
property was adopted and is no longer appropriate.
The property was zoned to its current designation in 1995 as a result of the newly
adopted 1994 Open Lands Plan. At that time, there was no Middle Creek
Housing and the site was largely vacant except for the elementary school and
Mountain Bell Tower. Since the time that Middle Creek Housing was built, Solar
Vail was rezoned and completed and Residences at Main Vail has begun
construction. These developments have transformed the area from a largely
untouched area north of the interstate to a developed area that is occupied by
large buildings. The on-site conditions around the time of designation of the
previous zoning conformed to the open space use for the area, but that use on
the neighboring properties has changed, recommending this property for a
potential change as well.
Staff finds that the proposed zone district amendment conforms to this criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section Vl of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
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Town of Vail Page 10
rezoning of portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing, and setting forth details in regard
thereto.”
Should the Planning and Environmental Commission choose to forward this
recommendation of approval, the Community Development Department recommends
the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated December
12th, 2022, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendment does further the general and specific purposes of the
zoning regulations; and
3. That the amendment does promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
IX. ATT ACHMENTS
A. Applicant Narrative, 12-8-2022
B. Zone District Amendment Proposal
165
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:December 20, 2022
TIME:5 min.
SUBMITTED BY:Beth Markham, Environmental Sustainability
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 23, Series of 2022, Second Reading, An Ordinance
Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town
Code, Regarding Carryout Bag Requirements and Fees
SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 23,
Series of 2022 upon second reading.
PRESENTER(S):Beth Markham, Environmental Sustainability Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
PPRA Ordinance No. 23 Series of 2022 Memo 122022.pdf
Ordinance No. 23 Series 2022-122022.pdf
Plastic Bag Public Input.pdf
166
To: Vail Town Council
From: Environmental Sustainability and Finance Department
Date: December 20, 2022
Subject: HB21-1162 Plastic Pollution Reduction Act (PPRA) – Second Reading of
Ordinance No. 23, Series of 2022 to repeal and replace Title 5, Chapter 13 of the
Vail Town Code
I. Purpose
The purpose of this memorandum is to present the second reading of Ordinance No. 23, Series
of 2022 to update Title 5, Chapter 13 of the Vail Town Code to include revisions relevant to
HB21-1162, the State of Colorado’s Plastic Pollution Reduction Act.
II. Background: Plastic Pollution Reduction Act
In 2015, Town of Vail implemented the Kick the Bag Habit program and Ordinance No. 2 Series
of 2015 was passed. This ordinance instituted a plastic bag ban at grocers 4,000 square feet
and larger and imposed a $0.10 fee on disposable paper bags, Title 5, Chapter 13. The
$0.10/bag fee is returned to the town to fund recycling and waste diversion programs. Prior to
the ordinance going into effect, the two largest grocery stores in Vail gave away 4.5 million bags
annually on average. In 2021, these grocery stores sold just over 430,000 paper bags, up from
315,470 bags in 2020 (Figure 1). Bag fees are tracking high for 2022 based on year-to-date
numbers.
Year
Fee
Collected
Number of Paper
Bags Sold
2022 YTD $34,133 YTD 341,330 YTD
2021 $43,047 430,473
2020 $31,547 315,470
2019 $32,923 329,230
2018 $33,381 333,810
2017 $31,920 319,200
Figure 1. Paper Bags distributed and annual fees collected by Town of Vail
On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution
Reduction Act (PPRA) into law, the second most comprehensive law in the country. Prior to
HB21-1162s passage, 10 states had plastic bag bans and 7 states had polystyrene
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Town of Vail Page 2
foam bans. With the signing of this bill, Colorado becomes the first state in the U.S. to strike a
state plastics preemption law, restoring the right of local municipalities to enact their own plastic
regulations. Enforcement of the PPRA is left to the municipalities. There are four main
components to the PPRA included in Appendix A for reference. Details on requirements and
exemptions can be found in Appendix B.
While many communities around the state are still working to develop a plan to implement the
PPRA requirements, some have shared what they are currently planning. The chart in
Appendix C indicates whether a community had a previous plastic bag ban and/or fee structure
in place and what will change with the PPRA implementation.
Prior to the January 1, 2023 state-mandated bag fee going into effect, staff presented
information on the Plastic Pollution Reduction Act (PPRA) to the Vail Economic Advisory
Council and assembled a group of community and business stakeholders to gather input on
implementation of the new requirements. Staff presented community and business stakeholder
recommendations for implementation of HB21-1162, the PPRA to town council November 1,
2022. Council direction was shared out with the stakeholder group, staff conducted business
outreach to all impacted businesses informing them of the PPRA implementation and proposed
amendments being considered, and staff conducted direct one on one conversations with
multiple restaurant owners.
After these discussions, staff recommends three revisions from the initial recommendations
presented last council meeting, which are detailed below.
III. Ordinance No. 23, Series of 2022
Proposed Ordinance No. 23, Series of 2022 repeals and replaces the current disposable bag
requirements defined in Title 5, Chapter 13 of the Vail Town Code as it pertains to state
legislation HB21-1162, the PPRA. The ordinance is attached in Appendix D. Proposed
changes to HB21-1162 are detailed below.
1. Increase the current $0.10/bag fee to $0.25/bag on January 1, 2023 for disposable paper
and plastic bags. Grocers can only distribute disposable paper bags as per current code in
Title 5, Chapter 13; all other stores and retail food establishments with the exemption of
restaurants, can distribute both paper and plastic disposable carryout bags with the fee until
January 1, 2024 when plastic bags are prohibited (with the exception of plastic bags
purchased prior to this date- stock can be used until June 1, 2024 and fee to still be
assessed). Fees will be remitted to the town monthly via the MUNIRevs system at the time
of sales tax remittance.
Split Fee 60/40 between Business/municipality: Although the PPRA indicates the bag
fee be split between the municipality and business at a 60/40 split in favor of the
municipality, TOV will instead flip the split of 60/40 in favor of the business ($0.15/bag for
business / $0.10/bag remitted to town) providing additional funds to the businesses for
implementing the program. The town will use the funds to continue offering waste
diversion initiatives including town clean up days, Hard to Recycle events and recycling
education programs. Additional funds collected annually can fund enforcement of the
ordinance and additional waste diversion programs including zero waste, composting,
etc.
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2. Remove Store Exemptions: The PPRA has exemptions for restaurants and Colorado-
based small stores with 3 or fewer locations. The town will close the loophole and apply the
fees (and bans in 2024) to all stores. Food retail establishments will remain exempt if they
prepare or serve food in individual portions for immediate on-premises or off-premises
consumption and is not a grocer or convenience store (this includes restaurants).
IV. Outreach and Incentives
Staff will continue to facilitate education and outreach as well as research potential incentives
for businesses who adopt the plastic bag ban early. The PPRA also requires businesses display
signage outside of the business or inside at the point of sales indicating bag fee. Based on
stakeholder feedback, staff recommends Town of Vail develop a positive and consistent
message and provide this required signage to businesses versus the businesses creating their
own messaging. This will be funded by the town’s portion of the bag fee.
V. Staff Recommendations
Staff recommends the Vail Town Council approval of the second reading of Ordinance No. 23,
Series of 2022 and support the creation of town wide signage for businesses to display
regarding the bag fee.
VI. Next Steps
Pending council approval of the second reading, staff will:
• Conduct a robust outreach campaign to educate businesses on the ordinance going
into effect;
• Finalize internal fee collection software updates;
• Create messaging and signage for businesses to display regarding the bag fee; and
• Investigate potential incentives for businesses who eliminate plastic bags ahead of the
January 1, 2024 deadline.
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Appendix A: Four Main Components of HB21-1162, the PPRA
January 1, 2023: Plastic and Paper Bag Fee
• $0.10 fee on all plastic and paper bags will go into effect (municipality may raise fee
higher by resolution or ordinance)
• During this time, retailers can still give out plastic bags, but are required to charge
● Affects large grocery and retail stores
● Restaurants and small Colorado-only stores with 3 or fewer locations excluded
● Retailer keeps $0.04 to implement the program (if fee is higher, retailer retains 40%)
● Municipalities and Counties (unincorporated) receive $0.06 (or if fee is higher, 60%)
to implement program, enforce the law, fund recycling, composting, waste diversion
programs, and education.
● Does not apply to customers with federal or state food assistance programs
● Fee on plastic bags ends Jan. 1, 2024
January 1, 2024: Plastic Bag Ban
• Ban on plastic carryout bags goes into effect.
• Affects large grocery and retail stores
• Restaurants and small Colorado-only stores with 3 or fewer locations excluded
• Stores can use up any remaining stock of bags until June 1, 2024 as long as they
were purchased by Jan. 1, 2024
January 1, 2024 – Ban on polystyrene food containers and cups
● Ban on polystyrene to-go food containers and cups goes into effect
● Affects all restaurants and schools
● Retail food establishments can use up any polystyrene containers purchased by Jan.
1, 2024 until they are gone
July 1, 2024: Local government pre-emption on plastic bans is lifted
● Municipalities and counties can enact, implement and enforce more stringent laws
● Local governments can enact and enforce laws that prohibit, restrict or mandate the
use or sale of plastic materials, containers, packaging or labeling
● Exempts packaging for medical products including drugs, medical devices or dietary
supplements
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Appendix B: Exceptions under the Plastic Pollution Reduction Act as defined by the State
PLASTIC BAGS
Covered under the ban and
bag fee
● Major* grocery stores
and supermarkets
● Major convenience
stores
● Major liquor stores
● Pharmacies and drug
stores
● Major retailers
● Other major stores or
retail food
establishments
providing single use
plastic carryout bags
*those with more than three
locations or with locations
outside Colorado
Exceptions from the ban and bag fee
● Smaller* stores
● Restaurants
● Farmers and roadside markets
● Bags for loose, bulk items including
hardware, bolts, screws, nuts, fruits,
vegetables, grains
● Bags for dry cleaning, laundry, or garments,
prescription medication, frozen food, meat,
seafood, plants and other items that could
otherwise contaminate other items
● Bags for unwrapped food or bakery goods
such as those used by restaurants for
take-home or to-go food
● Bags for small pets like fish, crustaceans,
mollusks and insects
*those with three or fewer locations operating
solely in Colorado
POLYSTYRENE (STYROFOAM)
Covered under the ban Exceptions from the ban
● Restaurants
● Major grocery stores and supermarkets
● Major convenience stores
● Other major retail food establishments
providing expanded polystyrene containers
● Cafeterias in schools, prisons and businesses
● Farmers and roadside
markets
● Stores whose primary
sales revenue does not
come from food
products.
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Appendix C- PPRA Implementation Around Colorado
Appendix D- Ordinance No. 23, Series of 2022
Community Previous Ordinance
Current Bag
Fee
Amount to
Municipality
Amount to
Business Updates with PPRA Implementation
Vail, CO
No plastic bags at
grocers over 4,000 sq
feet; fee on paper $0.10 100% 0%
Expand to all stores and retail food
establishments with restaurants
remaining exempt for time being.
$0.25/bag and split 60% to business
and 40% to town
Aspen, CO
No plastic bags at
grocers >3,500 sq ft;
fee on paper $0.20 75%+
25% up to
$100 per
month
Will expand to all retailers that PPRA
applies to as defined by the state
and will charge $0.20/bag and split
60% to city / 40% to business
Avon, CO
No plastic bags in
any retailer
(including small
stores and
restaurants) fee on
paper $0.10
100% if
>4,000 sq ft
100% if
<4,000 sq ft
No changes to current regulation;
plastic bags already prohibited town
wide and keeping current fee and
split structure through 2023
Boulder, CO
Plastic bag ban at
grocery stores; fee
paper bags with
40%+ RYC content $0.10 60% 40%
Expand to all retailers required per
PPRA; likely will increase fee to
$0.25/bag in 2023 and maintain
current split of the fee 60% to the
city and 40% to the business.
Breckenridge, CO
No plastic bags and
paper with <40%
post consumer RYC
material at any
retailer; $0.10 fee on
paper $0.10
$0.10 less
$100 per
month per
business
up to $100
per month
Still determining plan for PPRA
implementation; considering raising
to $0.25/bag
Fort Collins, CO
Plastic bag and
paper <40% RYC
content ban; paper
bag >40% RYC
content fee at large
gorcers 10,000 sq ft+$0.10 50% 50%
Updated and implemented in May,
2022; still applies to all large grocers;
$0.10/bag fee split 60% to
muncipality and 40% to business.
Eagle, CO
No previous
ordinance in place NA NA NA
Planning to implement as detailed in
PPRA- $0.10/bag with fee being split
60% to municipality and 40% to
business; small stores and
restaurants exempt
Eagle County, CO
No previous
ordinance in place
for unincorporated
Eagle County NA NA NA
Still determining plan for PPRA
implementation; considering
following Avon or Vail's approach.
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ORDINANCE NO. 23
SERIES 2022
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF
TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG
REQUIREMENTS AND FEES
WHEREAS, the Town has a duty to protect the natural environment, the economy
and health of its citizens and guests;
WHEREAS, the Town is committed to environmental protection and stewardship;
WHEREAS, reducing the use of disposable carryout bags has a positive impact
on the local environment, including reducing pollution, greenhouse gas emissions, litter,
harm to wildlife, water consumption, energy consumption and solid waste generation;
WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of
2015, which prohibited disposable plastic bags and required a charge for the use of
disposable paper bags at grocers;
WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction
Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit
distribution of single-use plastic carryout bags on January 1, 2024; and
WHEREAS, the state legislation requires amendments to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its
entirety and reenacted follows:
CHAPTER 13: CARRYOUT BAGS
5-13-1: PURPOSE:
The purpose of this Chapter is to protect the public health, safety and
welfare by encouraging the use of reusable carryout bags and discouraging
the use of disposable carryout bags.
5-13-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
CARRYOUT BAG: A bag that is furnished to a customer at a store at the
point of sale for use by the customer to transport or carry purchased items,
but excluding: a bag made of paper when the paper has a basis weight of
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30 pounds or less; a bag that a pharmacy provides to a customer
purchasing prescription medication; a laundry, dry cleaning or garment bag;
or a bag that a customer uses inside a store to package loose or bulk items,
such as fruits, vegetables, nuts, grains, candy, greeting cards, small
hardware, live insects, fish crustaceans, mollusk or other small species,
bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared
foods, meat, seafood, fish, flowers, potted plants or other items that, if they
were to come into contact with other items, could dampen or contaminate
the other items.
CONTAINER: A receptacle upon which or inside which food may be placed
for consumption, whether or not the receptacle can be fully closed, including
hinged food containers, plates, bowls, and trays.
FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or
ingredient used or intended for use or for sale, in whole or in part, for human
consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9).
GROCER: A retail business located in a permanent building containing at
least 4,000 square feet of retail space, that operates year round as a full
line, self-service market offering for sale staple foodstuffs, meats, produce
or other perishable items for off-premises human consumption, but
excluding businesses at which foodstuffs are an incidental part of the
business.
PLASTIC: A synthetic material made from linking monomers through a
chemical reaction to create a polymer chain that can be molded or extruded
at high heat into various solid forms that retain their defined shapes during
their life cycle and after disposal.
POINT OF SALE: A check-out stand, cash register, or other point in a store
or retail food establishment at which a sales transaction occurs, or for
products that are ordered remotely from a store or retail food establishment
and delivered, the location where the products are delivered.
RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from
one hundred (100) percent recycled material or other post-consumer
content.
RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. §
25-4-1602(14), except it does not include farmers’ markets and roadside
markets as described in C.R.S. § 25-4-1602(14)(j).
REUSABLE CARRYOUT BAG: A carryout bag that is designed and
manufactured for at least one hundred twenty-five (125) uses, can carry at
least twenty-two (22) pounds over a distance of one hundred seventy-five
(175) feet, has stitched handles, and is made of cloth, fiber, or other fabric
or recycled material such as polyethylene terephthalate (PET); excluding
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bags made of biologically based polymers such as corn or other plant
sources; except that a carryout bag made of hemp is a reusable carryout
bag if it is designed and manufactured in accordance with the above terms.
SINGLE-USE PLASTIC CARRYOUT BAG: A carryout bag that is a single-
use plastic product made predominantly of plastic derived from natural gas,
petroleum, or a biologically based source, such as corn or other plant
sources, and that is provided to a customer at the point of sale.
STORE: A grocer, supermarket, convenience store, liquor store, dry
cleaner, pharmacy, drug store, clothing store, or other type of retail
establishment at which carryout bags are traditionally provided to
customers, including a farmers’ market, roadside market or stand, festival,
or other temporary vendor or event that includes temporary vendors.
5-13-3: CARRYOUT BAGS:
(A) Commencing on the effective date of the ordinance codified in this
Chapter, all stores shall charge the fee established by Section 5-13-4 for
each carryout bag provided to a customer at any point of sale. Commencing
on January 1, 2024, all stores and retail food establishments shall charge
the fee established by Section 5-13-4 for each carryout bag provided to a
customer at any point of sale.
(B) Commencing on the effective date of the ordinance codified in this
Chapter, no grocer shall provide a single-use plastic carryout bag to a
customer at any point of sale. Commencing on January 1, 2024, no store or
retail food establishment shall provide a single-use plastic carryout bag to a
customer at any point of sale; provided that, until June 1, 2024, a store or
retail food establishment may provide a single-use plastic carryout bag to a
customer, for the fee established by Section 5-13-4, if the single-use plastic
carryout bag was part of the inventory of the store or retail food
establishment before January 1, 2024.
(C) A retail food establishment is exempt from this Section if it prepares
or serves food in individual portions for immediate on-premises or off-
premises consumption and is not a grocer or convenience store.
(D) This Chapter shall not prohibit a customer from using bags of any
type that the customer brings into the store or retail food establishment, or
from carrying away goods that are not placed in a bag.
5-13-4: CARRYOUT BAG FEE:
(A) The carryout bag fee shall be $0.25 per carryout bag.
(B) Stores shall record the number of recycled paper carryout bags and
single-use plastic carryout bags provided to each customer and the total
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amount of the carryout bag fee charged to the customer on the customer
transaction receipt.
(C) No store may reimburse a customer for any part of the carryout bag
fee, but stores may provide incentives for the use of reusable carryout bags
through credits or rebates.
(D) Each store shall conspicuously display a sign in a location inside or
outside the store, which sign alerts customers about the carryout bag fee.
(E) The carryout bag fee shall not apply to any customer that provides
proof that they are a participant in a federal or state food assistance
program.
(F) A store may retain $0.15 of each carryout bag fee charged to be used
for:
(1) Providing educational information to customers;
(2) Training staff in the implementation and administration of the
carryout bag fee;
(3) Improving or altering infrastructure to allow for the
administration, collection, implementation and reporting of the carryout bag
fee; and
(4) Providing recycled paper carryout bags and reusable carryout
bags to customers.
(G) The remaining $0.10 of each carryout bag fee shall be paid to the
Town, and the Town shall deposit all revenues from carryout bag fees in a
designated waste reduction fund, to be used for:
(1) Producing and providing reusable carryout bags to Town
residents and guests;
(2) Providing education and outreach campaigns to raise
awareness about waste reduction, recycling and compost;
(3) Funding programs and infrastructure that allow the community
to reduce waste and recycle;
(4) Purchasing and installing equipment designed to minimize
waste pollution, including recycling containers and waste receptacles;
(5) Funding community cleanup or collection events and other
activities to reduce waste;
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(6) Maintaining a public website for the purpose of educating the
Town’s residents and guests on waste reduction efforts; and
(7) The administration of the carryout bag fee.
(H) The carryout bag fee shall be paid pursuant to all applicable
provisions of the Town’s sales tax code, including administration, collection
and enforcement. The Town shall provide the necessary forms for stores
to file individual returns with the Town to demonstrate compliance with this
Chapter. Notwithstanding this method of collection, the carryout bag fee is
not a tax.
5-13-5: RECORDS:
(A) Each store shall maintain accurate and complete records of the
carryout bag fees collected under this Chapter and the number of carryout
bags provided to customers, and shall also maintain such books, accounts,
invoices, or other documentation necessary to verify the accuracy and
completeness of such records. All such documents and records shall be
maintained for a period of three (3) years from the end of the calendar year
of such records.
(B) If requested, each store shall make the foregoing records available
for inspection and audit by the Town during regular business hours so that
the Town may verify compliance with this Chapter.
5-13-6: VIOLATION AND PENALTY:
(A) It is unlawful to violate this Chapter. Each violation of this Chapter
shall constitute a separate offense.
(B) Violations of this Chapter shall be punishable as follows:
(1) First violation in any calendar year: a fine of $50;
(2) Second violation in the same calendar year: a fine of $100;
and
(3) Third or subsequent violation in the same calendar year: a fine
of $300.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the 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.
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Section 3. 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 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 6. This ordinance shall take effect on January 1, 2023.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2022 and a
public hearing for second reading of this Ordinance set for the 20th day of December,
2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2022.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX
ORDINANCE NO. 23
SERIES 2022
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF
TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG
REQUIREMENTS AND FEES
WHEREAS, the Town has a duty to protect the natural environment, the economy
and health of its citizens and guests;
WHEREAS, the Town is committed to environmental protection and stewardship;
WHEREAS, reducing the use of disposable carryout bags has a positive impact
on the local environment, including reducing pollution, greenhouse gas emissions, litter,
harm to wildlife, water consumption, energy consumption and solid waste generation;
WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of
2015, which prohibited disposable plastic bags and required a charge for the use of
disposable paper bags at grocers;
WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction
Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit
distribution of single-use plastic carryout bags on January 1, 2024; and
WHEREAS, the state legislation requires amendments to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its
entirety and reenacted follows:
CHAPTER 13: CARRYOUT BAGS
5-13-1: PURPOSE:
The purpose of this Chapter is to protect the public health, safety and
welfare by encouraging the use of reusable carryout bags and discouraging
the use of disposable carryout bags.
5-13-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
CARRYOUT BAG: A bag that is furnished to a customer at a store at the
point of sale for use by the customer to transport or carry purchased items,
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but excluding: a bag made of paper when the paper has a basis weight of
30 pounds or less; a bag that a pharmacy provides to a customer
purchasing prescription medication; a laundry, dry cleaning or garment bag;
or a bag that a customer uses inside a store to package loose or bulk items,
such as fruits, vegetables, nuts, grains, candy, greeting cards, small
hardware, live insects, fish crustaceans, mollusk or other small species,
bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared
foods, meat, seafood, fish, flowers, potted plants or other items that, if they
were to come into contact with other items, could dampen or contaminate
the other items.
CONTAINER: A receptacle upon which or inside which food may be placed
for consumption, whether or not the receptacle can be fully closed, including
hinged food containers, plates, bowls, and trays.
FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or
ingredient used or intended for use or for sale, in whole or in part, for human
consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9).
GROCER: A retail business located in a permanent building containing at
least 4,000 square feet of retail space, that operates year round as a full
line, self-service market offering for sale staple foodstuffs, meats, produce
or other perishable items for off-premises human consumption, but
excluding businesses at which foodstuffs are an incidental part of the
business.
PLASTIC: A synthetic material made from linking monomers through a
chemical reaction to create a polymer chain that can be molded or extruded
at high heat into various solid forms that retain their defined shapes during
their life cycle and after disposal.
POINT OF SALE: A check-out stand, cash register, or other point in a store
or retail food establishment at which a sales transaction occurs, or for
products that are ordered remotely from a store or retail food establishment
and delivered, the location where the products are delivered.
RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from
one hundred (100) percent recycled material or other post-consumer
content.
RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. §
25-4-1602(14), except it does not include farmers’ markets and roadside
markets as described in C.R.S. § 25-4-1602(14)(j).
REUSABLE CARRYOUT BAG: A carryout bag that is designed and
manufactured for at least one hundred twenty-five (125) uses, can carry at
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least twenty-two (22) pounds over a distance of one hundred seventy-five
(175) feet, has stitched handles, and is made of cloth, fiber, or other fabric
or recycled material such as polyethylene terephthalate (PET); excluding
bags made of biologically based polymers such as corn or other plant
sources; except that a carryout bag made of hemp is a reusable carryout
bag if it is designed and manufactured in accordance with the above terms.
SINGLE-USE PLASTIC CARRYOUT BAG: A carryout bag that is a single-
use plastic product made predominantly of plastic derived from natural gas,
petroleum, or a biologically based source, such as corn or other plant
sources, and that is provided to a customer at the point of sale.
STORE: A grocer, supermarket, convenience store, liquor store, dry
cleaner, pharmacy, drug store, clothing store, or other type of retail
establishment at which carryout bags are traditionally provided to
customers, including a farmers’ market, roadside market or stand, festival,
or other temporary vendor or event that includes temporary vendors.
5-13-3: CARRYOUT BAGS:
(A) Commencing on the effective date of the ordinance codified in this
Chapter, all stores shall charge the fee established by Section 5-13-4 for
each carryout bag provided to a customer at any point of sale. Commencing
on January 1, 2024, all stores and retail food establishments shall charge
the fee established by Section 5-13-4 for each carryout bag provided to a
customer at any point of sale.
(B) Commencing on the effective date of the ordinance codified in this
Chapter, no grocer shall provide a single-use plastic carryout bag to a
customer at any point of sale. Commencing on January 1, 2024, no store or
retail food establishment shall provide a single-use plastic carryout bag to a
customer at any point of sale; provided that, until June 1, 2024, a store or
retail food establishment may provide a single-use plastic carryout bag to a
customer, for the fee established by Section 5-13-4, if the single-use plastic
carryout bag was part of the inventory of the store or retail food
establishment before January 1, 2024.
(C) A retail food establishment is exempt from this Section if it prepares
or serves food in individual portions for immediate on-premises or off-
premises consumption and is not a grocer or convenience store.
(D) This Chapter shall not prohibit a customer from using bags of any
type that the customer brings into the store or retail food establishment, or
from carrying away goods that are not placed in a bag.
5-13-4: CARRYOUT BAG FEE:
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(A) The carryout bag fee shall be $0.25 per carryout bag.
(B) Stores shall record the number of recycled paper carryout bags and
single-use plastic carryout bags provided to each customer and the total
amount of the carryout bag fee charged to the customer on the customer
transaction receipt.
(C) No store may reimburse a customer for any part of the carryout bag
fee, but stores may provide incentives for the use of reusable carryout bags
through credits or rebates.
(D) Each store shall conspicuously display a sign in a location inside or
outside the store, which sign alerts customers about the carryout bag fee.
(E) The carryout bag fee shall not apply to any customer that provides
proof that they are a participant in a federal or state food assistance
program.
(F) A store may retain $0.15 of each carryout bag fee charged to be used
for:
(1) Providing educational information to customers;
(2) Training staff in the implementation and administration of the
carryout bag fee;
(3) Improving or altering infrastructure to allow for the
administration, collection, implementation and reporting of the carryout bag
fee; and
(4) Providing recycled paper carryout bags and reusable carryout
bags to customers.
(G) The remaining $0.10 of each carryout bag fee shall be paid to the
Town, and the Town shall deposit all revenues from carryout bag fees in a
designated waste reduction fund, to be used for:
(1) Producing and providing reusable carryout bags to Town
residents and guests;
(2) Providing education and outreach campaigns to raise
awareness about waste reduction, recycling and compost;
(3) Funding programs and infrastructure that allow the community
to reduce waste and recycle;
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(4) Purchasing and installing equipment designed to minimize
waste pollution, including recycling containers and waste receptacles;
(5) Funding community cleanup or collection events and other
activities to reduce waste;
(6) Maintaining a public website for the purpose of educating the
Town’s residents and guests on waste reduction efforts; and
(7) The administration of the carryout bag fee.
(H) The carryout bag fee shall be paid pursuant to all applicable
provisions of the Town’s sales tax code, including administration, collection
and enforcement. The Town shall provide the necessary forms for stores
to file individual returns with the Town to demonstrate compliance with this
Chapter. Notwithstanding this method of collection, the carryout bag fee is
not a tax.
5-13-5: RECORDS:
(A) Each store shall maintain accurate and complete records of the
carryout bag fees collected under this Chapter and the number of carryout
bags provided to customers, and shall also maintain such books, accounts,
invoices, or other documentation necessary to verify the accuracy and
completeness of such records. All such documents and records shall be
maintained for a period of three (3) years from the end of the calendar year
of such records.
(B) If requested, each store shall make the foregoing records available
for inspection and audit by the Town during regular business hours so that
the Town may verify compliance with this Chapter.
5-13-6: VIOLATION AND PENALTY:
(A) It is unlawful to violate this Chapter. Each violation of this Chapter
shall constitute a separate offense.
(B) Violations of this Chapter shall be punishable as follows:
(1) First violation in any calendar year: a fine of $50;
(2) Second violation in the same calendar year: a fine of $100;
and
(3) Third or subsequent violation in the same calendar year: a fine
of $300.
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Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The 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 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 6. This ordinance shall take effect on January 1, 2023.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2022 and a
public hearing for second reading of this Ordinance set for the 20th day of December,
2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2022.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
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Stephanie Bibbens, Town Clerk
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From:Alison Wadey
To:Council Dist List; Russell Forrest; Kathleen Halloran
Cc:Kristen Bertuglia
Subject:Plastic Bag Fee Feedback
Date:Tuesday, December 20, 2022 11:59:10 AM
Hello Town Council Members,
I am sorry for the late email from the VCBA but it is tough getting businesses to respond to
me this time of year due to them being completely focused on their business and our guests
leading into the holiday.
I wanted to reach out regarding the Plastic Bag Polidies you are deciding on today and ask that
you take the following feedback into consideration in your discussions. I have a couple
concerns from businesses below and then some copied and pasted email responses I received
as well from retail and food establishments.
The number one issue businesses are faced with this decision is the timing of it. It could not
be any worse in our resort town to implement a change like this the first week in January. Our
businesses are barely hanging on as it is between hours worked, employee shortages and burn
out, teaching new employees each day on POS and operations, as well as dealing with a
demanding high-end customer, and LOTS of them. Asking small businesses to now shake up
their POS system and implement new policies and practices right after January 1st is unfair
and not practical. This is an off-season April/May initiative if we actually want to do it right
and without a lot of push-back.
The second issue is that the carryout bag fee is really only going to affect a certain sector of
our businesses. Those that do carry out from fine dining establishments will not notice the
charge but the majority of those ordering carry out are our more budget-conscious consumers
who are already stretching to vacation here and taking on the financials of a vacation of this
sort. These are also the customers that review and participate in online platforms concerning
our businesses. Tacking on a carry out fee I fear will not go over well in the minds of many of
our guests and look like another way for "Vail '' to nickel and dime their customers. The
businesses who have to charge this fee will feel the backlash the most and this could also hurt
them on social media platforms such as Google and Yelp.
Thirdly, expecting our guests to bring reusable bags or expecting our hotels and STR
managers to provide them is wishful thinking and not at all realistic. It is noble in theory that
those travelers will have the foresight to bring their own bags but I would think maybe only
10% will actually do that. And that is a generous guess. The Town needs a plan in place, as it
did with the grocery store bag initiative, and provide those bags to hand out to lodges,
Property Managers, and the establishments that will be providing carry out to help ease the
burden on businesses to have to educate our guests on this new policy.
Here is some feedback from businesses as well:
"I don’t like taxing our guests anymore than we do. They’re on vacation and aren’t bringing
their own shopping bags. I know when I go on vacation I don’t pack anymore than the clothes
I need."
"The lodges go through trash bags, which is a whole different matter and would be an issue
186
that a fee and a paper bag can't resolve at the moment"
"I’m for the new ordinance (might have even been for higher cost at the supermarket stores…
$.35), but that comes from someone who has already adopted and adjusted to bringing my
own bags to supermarkets/retail stores over the past 7 years…original rule has certainly
changed my shopping behavior, which is a good thing and intended. I certainly don’t fully
appreciate the costs our restaurants/retail may incur but do believe it’s time for those who have
not to make the change but starting after the season may be a better way to do it."
"I am a little on the fence, paper bags cost 4 times more and go in and out of stock quite a bit
as other states have implemented similar laws. This is a little ironic since the TOV will not let
you cut down a tree without approval and replacement. I understand that they want to
eliminate all bags in the future but what destination guest, or any guest for that matter, will
bring a tote to go shopping at Gorsuch or pick up to-go food. They do make biodegradable
plastic bags now. TOV needs to research all facets of the community and have solutions when
this all comes to a head."
Thank you for your time and consideration in reading this email. Please reach out with any
questions or concerns, and if you would like to discuss further. I am always available to each
of you, my cell number is below and is the best way to reach me.
Happy Holidays to each of you and your families! Cheers to 2023!
Best,
Alison Wadey
Alison C. Wadey
Executive Director
Vail Chamber & Business Association
241 South Frontage Road Suite 2 Vail, CO 81657
Office: (970) 477-0075 Mobile: (970) 376-1661
www.vailchamber.org
Community-Inspired Guest Experience
187
AGENDA ITEM NO. 7.2
Item Cover Page
DATE:December 20, 2022
TIME:15 min.
SUBMITTED BY:Carlie Smith, Finance
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 24, Series of 2022, Second Reading, An Ordinance
Making Budget Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Housing
Fund, Residences at Main Vail Fund, Heavy Equipment Fund of
the 2022 Budget for the Town of Vail, Colorado; and Authorizing
the said Adjustments as Set Forth Herein; and Setting Forth
Details in Regard Thereto
SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 24,
Series of 2022 upon second reading.
PRESENTER(S):Carlie Smith, Finance Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
221220 4th Supp- 2nd Reading.pdf
188
TO: Vail Town Council
FROM: Finance Department
DATE: December 20, 2022
SUBJECT: Fourth Supplemental Appropriation of 2022
I. SUMMARY
During Tuesday evening’s session, you will be asked to approve the second reading of
Ordinance No. 24 making supplemental appropriations and adjustments to the 2022 budget.
II. DISCUSSION
General Fund
Changes to the budget supplemental request from the first reading
General Fund
The first reading of this supplemental included a $160,000 increase in attorney and legal fees.
Staff is requesting an additional $70,000 for a total supplemental request of $230,000 for
increased attorney hours and legal fees due to increased litigation and overall activity at the
town such as contract negotiations and real estate purchases/sales.
During 2022, the town has experienced a high volume of employee turnover over, over and
above an average year. In addition, the employee recruitment process has overall become more
competitive and costly. Staff is requesting $25,000 to cover the increased costs of recruitment.
Capital Project Fund
Staff is requesting $6,000 to procure an artist to design the Pepi’s Plaza memorial. The project
was budgeted in 2020 but was delayed as part of the COVID-19 budget reductions.
The 2nd supplemental included a transfer from the Capital Projects to the Housing Fund to
establish the beginning balance of the Housing Fund that was previously only accounted for on
a budget basis. With the passing of the dedicated housing sales tax the Housing Fund is now
considered its own fund for both budget and financial reporting purposes according to
Government Accounting Standards. This supplemental reflects a decrease in the transfer of
$180,002 to true up the beginning balance based on the final 2021 audited financial statements.
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Real Estate Transfer Tax Fund
In October, Council approved a project for landscaping improvements at Donovan Pavilion
redesigning the existing lawn area between the pavilion and the park’s picnic shelter to create
separate sections for the users of the two facilities. The total contract was approved for $56,934
and proposed to utilize the current budget for this project of $35,000 plus $22,000 of savings
from the park capital maintenance budget. Since then, the park capital maintenance budget was
spent down and does not have enough savings to cover the overage of $22,000. Instead, staff
is requesting to supplement $22,000 for this project. This project was delayed and is set to
begin in the Spring of 2023. The total project budget will be rolled forward during the 1st
supplemental of 2023.
Housing Fund
During the 2nd supplemental, a placeholder of $4,600,000 was allocated within the Housing
Fund to be available for various housing programs and purchases throughout the year. This
supplemental reflects the allocation of those funds for two new units that will be resold in a
Community Lottery, Vail Heights condo #10 ($548,000), and North Trail Townhomes Unit D
($307,000). This supplemental also reflects an increase in revenue of $419,000 for the sale of
the Vail Heights unit. The sale of the North Trail townhome is expected during the summer of
2023 and will be reflected in a 2023 supplemental.
During 2022, the town will have purchased four units totaling $2,464,277 for the buy-down
program to be resold through the community lottery process. The estimated net cost to the
housing fund town is $469,000. The town also purchased 13 units with Capital Project Fund
funds that were added to the Town of Vail employee rental pool totaling $9,128,000.
Repeated from the 1st Reading on December 6th
General Fund
In total, budgeted revenues in the General Fund will be increased by $1,153,739. This includes
$525,000 in loading and delivery permit fees that will go towards funding the annual cost of
$1,374,000 for the program. Revenue adjustments also include a $110,371 increase in the Real
Estate Transfer Tax (RETT) collection fee, (a 5% administrative fee paid to the General Fund).
The fee increase corresponds with the increase in RETT revenue collected year to date (see
below increase in RETT). The remaining $518,368 of revenue adjustments that will be offset by
corresponding expenditures include:
$15,200 of rent revenue from the newly purchased and leased employee housing units
which will be offset by HOA dues and master lease payments.
A total of $493,575 in state reimbursements for deployments to 20 separate wildfires,
with $351,575 of that covering the town’s personnel and travel costs and $141,998 for
use of town vehicles and equipment during wildfire deployments.
$9,595 use of Friends of the Library funds for the Storywalk, Champagne Celebration,
Senior Luncheon, Oral History presentation, and the annual Fall Appeal.
General Fund expenditures are proposed to increase by $989,681 of which $518,368 will be
reimbursed listed above. The remaining $471,313 includes:
$50,000 to contract with a grant writer specifically for future housing project grants.
$8,400 towards the Steward Vail project for work beyond the original scope.
$160,000 for attorney fees. During 2022, attorney hours increased due to litigation and
overall activity at the town.
$36,000 for annual costs of electric vehicle (EV) station management and maintenance.
This includes parts and labor warranties, technical support, on-site repairs when needed,
and access to the admin dashboard.
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$40,000 for branding and marketing the new parking system approved by Council during
the October 4th Council meeting.
$37,200 for the Vail Village Inn order to pay legal fees.
$127,813 increase in expenditures in the General Fund offset by a reduction of
expenditures from the Capital Projects Fund for annual maintenance costs for the
Synexis air filtering systems. This has no net effect on the total budget.
The adjustments in the General Fund also reflect a reduction in expenditures of $135,000 which
will be offset by an increase in expenditures in the Capital Projects Fund for both loading and
delivery program capital asset purchases such as refrigerators and shelving ($125,000) in
addition to a new fire hose ($10,000).
The above adjustments to the General Fund 2023 budget result in an estimated fund balance of
$49.8 million by the end of 2023, or 90% of annual revenues in a normal year.
Capital Projects Fund
Budgeted revenues will be adjusted by a decrease of $835,000 offset by an increase of
$1,926,215. Based on year-to-date collections, use tax is being reduced by $835,000. YTD
collections total $1,946,012, down 45% compared to the prior year when construction use tax
was significantly higher due to several large residential projects and the construction of the new
Marriott Residence Inn. The 2022 amended construction use tax budget totals $1,965,000.
The $1,926,215 of revenues adjustments include the following and will be directly offset by
corresponding expenditures:
A $1,814,882 state grant to go towards the purchase two electric buses ($2,200,000).
These buses are included in the 2024 budget but are requested to move forward to be
ordered this year for delivery in 2024. Both the expenditure and grant revenue will later
be re-appropriated in the 2023 budget.
$61,333 total reimbursement from Eagle County and the Town of Avon towards the
shared Special Operation Unit robot, “Stanley”. The total cost of the SOU robot is
$92,000 and is being split equally across the three entities.
$50,000 reimbursement from the Vail Local Marketing District for the new Welcome
Center displays ($200,000). Both the reimbursement and the expenditures were
originally budgeted in the Real Estate Transfer Tax Fund. This has no impact on the total
budget.
Staff is requesting to increase expenditures by a total of $2,873,688 of which $2,492,000 relates
to expenditures corresponding to the reimbursements mentioned above. The remaining
$974,130 includes:
$297,000 for an oversize turnaround at Bighorn Rd approved by Council during the
September 9th meeting. This will also utilize savings of $211,000 within the capital street
maintenance annual budget.
$128,000 for parking signage approved by Council October 4th.
$101,500 annual cost for the Axon body-worn camera system originally approved as part
of the 2021 budget as a five-year commitment that was left out of the original 2022
Budget in error.
$125K for capital asset purchases to support the loading and delivery program. Initially,
the total cost of this program was budgeted in the General Fund. The General Fund
reflects a corresponding decrease, and this adjustment will have no net effect on the
total budget.
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A reduction of $127,813 is reflected in the budget to offset the increase in the General
Fund for operating and maintenance costs of the town’s Synexis air filtration system.
This has a net zero effect on the overall budget.
$3,500 is requested to cover the increased annual costs of project THOR (internet fiber
infrastructure).
$15,000 is requested for additional cabling needed for the new parking system.
$10,000 for the redevelopment of the Sole Power App on the town’s new website
platform.
$25,000 for overall increases across the town’s software systems.
$2,000 towards the increased engineering costs for the underground Holy Cross project
proposed as part of the 2023 budget.
The Capital Projects Fund also reflects a $3,000 transfer to the Residences at Main Vail for an
arbitrage compliance audit required by law.
All of the above adjustments will result in an estimated fund balance of $15.1 million by the end
of 2023.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $2,220,495. The majority of the increase
is an adjustment of $2,207,414 to real estate transfer tax based on year-to-date collections. The
town has begun to see a slowdown in real estate sales however collections have been boosted
by the sale of the Four Seasons and the Sitzmark. Year-to-date collections total $9.3M
compared to an annual budget of $7.5M. To correspond with the increase in revenue, an
additional $110,371 of real estate transfer tax collection fees will be paid to the General Fund.
The additional $13,081 of revenue adjustments includes utilizing $8,915 of bag fee revenue to
offset the increased cost of $10,915 for Clean Up Day and $4,166 of grant revenue from local
organizations used to purchase Sole Power program prizes. Total revenue will also be
decreased by $50,000 to shift the Vail Local Marketing District reimbursement for the Welcome
Center displays along with the expenditures of $200,000 to the Capital Projects Fund.
Staff is requesting to supplement expenditures by a total of $512,084 of which will be offset by a
$200,000 decrease in expenditures to transfer the Welcome Center Display project to the
Capital Project Fund. Of the total $512,084 requested, $125,452 corresponds to the
reimbursements above. The remainder includes the following:
$50,000 of additional Fire Free Five program funds to support the higher-than-
anticipated community participation.
$216,000 for the Vail Recreation District golf course greens project.
$16,593 for the increased costs of the Front Ranger program. The town’s total 2022
contribution towards this program is $49,593.
A re-appropriation of $104,040 from 2021 for solar at the new Public Works shops
building
The RETT fund also reflects the use of $20,000 of recreation path maintenance project savings
towards additional landscaping expenditures at the new Booth Heights trailhead restroom due to
unanticipated underground water conditions.
The above adjustments will result in an estimated fund balance of $6.6 million at the end of
2023.
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Housing Fund
During the 2nd supplemental, a placeholder of $4,500,000 was allocated within the Housing
Fund to be available for various housing programs and purchases throughout the year. This
supplemental reflects the allocation of those funds for specific projects including $50,000 for
surveying, appraisal, and legal costs of the East Vail parcel, $600,000 of additional funds to
purchase the East Vail parcel from the Colorado Department of Transportation (total cost of
$2,600,000), and $195,000 for a geotechnical study at the western half of Timber Ridge
Apartments.
The Housing Fund also reflects an additional $313,000 of the 0.5% dedicated housing sales tax.
A total of $4,813,000 is forecasted in the 2022 amended budget to fund community housing
projects and programs.
Lastly, the Housing Fund reflects $46,000 of housing fees-in-lieu of collections allocated
towards future buydown funds.
The above adjustments will result in an estimated fund balance of $504,531 at the end of 2023.
Residences at Main Vail Fund
The Residences at Main Vail budget reflects an increase of $3,000 in total expenditures for
annual arbitrage compliance audit fees on the new construction bonds. This will be offset by a
transfer from the Capital Projects Fund.
Heavy Equipment Fund
Budgeted revenue will be adjusted by $53,611 insurance reimbursement for a vehicle that was
destroyed by a vehicle fire. These funds will be used to purchase a new truck at a total cost of
$62,555. Budgeted adjustments also include an increase of $243, 850 in expenditures to order
a new Type 6 Brush Truck in 2022 and to be delivered in 2023. Council approved this purchase
earlier this year.
III. ACTION REQUESTED FROM COUNCIL
Approve, approve with amendments or deny Ordinance No. 24, Series 2022 upon second
reading.
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2022 1st 2022 2nd 2022 4th 2022
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Local Taxes:30,700,000$ 7,200,000$ 37,900,000$ 2,050,000$ 39,950,000$ 39,950,000$
Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 62/38 62/38 62/38
Sales Tax 19,034,000 4,466,000 23,500,000 1,271,000 24,771,000 24,771,000
Property and Ownership 6,014,631 6,014,631 50,000 6,064,631 6,064,631
Ski Lift Tax 5,448,196 100,000 5,548,196 725,000 6,273,196 6,273,196
Franchise Fees, Penalties, and Other Taxes 1,693,618 1,693,618 98,000 1,791,618 1,791,618
Licenses & Permits 2,186,704 2,186,704 100,000 2,286,704 525,000 2,811,704
Intergovernmental Revenue 2,350,723 265,000 2,615,723 570,188 3,185,911 603,944 3,789,855
Transportation Centers 6,608,758 550,000 7,158,758 600,000 7,758,758 7,758,758
Charges for Services 1,071,297 1,071,297 1,071,297 1,071,297
Fines & Forfeitures 206,566 206,566 206,566 206,566
Earnings on Investments 200,000 200,000 200,000 200,000
Rental Revenue 1,119,843 17,336 1,137,179 1,137,179 15,200 1,152,379
Miscellaneous and Project Reimbursements 251,000 53,934 304,934 20,400 325,334 9,595 334,929
Total Revenue 46,185,336 5,452,270 51,637,606 3,434,588 55,072,194 1,153,739 56,225,933
Expenditures
Salaries 23,041,583 1,275,000 24,316,583 (265,698) 24,050,885 251,125 24,302,010
Benefits 8,075,454 250,000 8,325,454 2,496 8,327,950 100,450 8,428,400
Subtotal Compensation and Benefits 31,117,037 1,525,000 32,642,037 (263,202) 32,378,835 351,575 32,730,410
7.9%
Contributions and Welcome Centers 284,611 284,611 284,611 284,611
Chilcare Program Funding 250,000 250,000 250,000 250,000
All Other Operating Expenses 9,036,237 718,452 9,754,689 749,842 10,504,531 589,706 11,094,237
Heavy Equipment Operating Charges 2,816,503 2,816,503 2,816,503 2,816,503
Heavy Equipment Replacement Charges 971,764 971,764 971,764 971,764
Dispatch Services 652,938 652,938 652,938 652,938
Total Expenditures 45,129,090 2,243,452 47,372,542 486,640 47,859,182 941,281 48,800,463
Surplus (Deficit) from Operations 1,056,246 3,208,818 4,265,064 2,947,948 7,213,012 212,458 7,425,470
One-Time Items:
Federal Grants
ARP Transit Grant (Operating)- 337,234 337,234 337,234 337,234
CRRSAA Transit Grant (Operating)1,658,768 - 1,658,768 1,658,768 1,658,768
American Rescue Plan Grant - 1,170,000 1,170,000 1,170,000 1,170,000
American Rescue Plan Initiatives (585,000) (585,000) (1,170,000) (1,170,000) (1,170,000)
Planning Projects
Destination Stewardship Mgmt Plan (100,000) (100,000) (200,000) (30,000) (230,000) (8,400) (238,400)
Vail 2050 Plan (50,000) - (50,000) (50,000) (50,000)
Civic Area/Dobson Master Plan (200,000) - (200,000) (200,000) (200,000)
West Vail Master Plan (225,000) - (225,000) (5,478) (230,478) (230,478)
Contributions Funded with Reserves
Vail Chapel (500,000) - (500,000) (500,000) (500,000)
Mountain Travel Symposium (158,000) - (158,000) (158,000) (158,000)
Net Increase /(Decrease) due to One- Time Items: (159,232) 822,234 663,002 (35,478) 627,524 (8,400) 619,124
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
619
4
Transfer to Marketing & Special Events Fund (2,490,600) 73,515 (2,417,085) (8,000) (2,425,085) (2,425,085)
Transfer to Other Funds - - - (291,938) (291,938) (291,938)
Surplus (Deficit) Net of Transfers and One-Time Items (1,593,586) 4,104,567 2,510,981 2,612,532 5,123,513 204,058 5,327,571
Beginning Fund Balance 39,981,996 44,426,118 44,426,118 44,426,118
Ending Fund Balance 38,388,410$ 46,937,099$ 49,549,631$ 49,753,689$
As % of Annual Revenues 83%91%90%88%
EHOP balance included in ending fund balance - not spendable 1,223,500$ 122,738$ 1,346,238$ 1,346,238$ 1,346,238$
719
5
Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
Total Sales Tax Revenue:30,700,000$ 7,200,000$ 37,900,000$ 2,050,000$ 39,950,000$ 39,950,000$ 39,950,000$ 2022: Adjusted for 2022 YTD thru April through November flat with 2021 Actuals; December down 5%
Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 62/38 62/38
Sales Tax - Capital Projects Fund 11,666,000$ 2,734,000$ 14,400,000$ 779,000$ 15,179,000$ 15,179,000$ 15,179,000$ Sales tax split 62/38
Use Tax 2,800,000 2,800,000 2,800,000 2,800,000 (835,000) 1,965,000 2022: Decrease use tax based on YTD collections; Based on 5-year average with Park Meadows Project
Construction Fees / Traffic Impact Fees - 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 2022: Re-appropriate $1.5M traffic impact fee for Frontage Rd project
Franchise Fee 204,000 204,000 204,000 204,000 204,000 1% Holy Cross Franchise Fee approved in 2019; 2022-2035 based on 2% annual increase
Federal Grant Revenue - 1,650,000 1,650,000 1,650,000 1,650,000 1,650,000 2022: Allocation from Hickenlooper/Bennet federal grant award for two additional electric buses
Other County Revenue - 351,000 351,000 351,000 351,000 111,333 462,333 2022: $61.3K from Eagle County and Town of Avon for shared cost of SOU; $50K from VLMD towards WC displays;
$351K from ERWSD for Frontage Road Improvements project
Other State Revenue - 2,364,149 2,364,149 2,364,149 2,364,149 1,814,882 4,179,031
2022: $1.8M CDOT grant towards two electric buses; $2.1M CDOT grant for four electric buses; $255.7K CDOT grant
for four electric bus chargers; $6K ARP library grant for additional book drop; $36K grant for electric car charging
infrastructure
Lease Revenue 164,067 164,067 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)
Employee Rental Housing Sales 295,000 295,000 295,000 295,000 Sale of Vail Heights #7 (purchased in 2015)
Project Reimbursement - 15,000 15,000 15,000 15,000 15,000
2022: $15K reimbursement from Vail Health for new bus stop included in Frontage Rd project, and $351K ERWSD
reimbursement for Frontage Rd. project; 2021: $60K Vail Health Reimbursement for Frontage Rd Improvements
project, ; $1.5M from traffic impact fee from Vail Health for Vail Health/ Frontage Road Project;
Timber Ridge Loan repayment 463,043 463,043 463,043 463,043 463,043 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028)
Earnings on Investments and Other 112,865 112,865 112,865 112,865 112,865 2021: 0.7% returns assumed on available fund balance
Total Revenue 15,409,975 8,614,149 24,024,124 1,074,000 25,098,124 - 25,098,124 1,091,215 26,189,339
Facilities
Facilities Capital Maintenance 489,500 6,000 495,500 495,500 495,500 (137,813) 357,687
2022: Decrease facilities maint budget by $127.8K for Synexis operating costs (to be paid by GF); Transfer $10K of
facilities capital to Donovan Pavilion for upgrades and capital maint.; $6K for additional library book drop at Safeway
(reimbursement above); Fire Station interior paint ($35K), Fire Stations Radiant tube replacement ($25K); Library
Skylight maintenance ($150K), PW roof repairs ($50K), Phase 3 of transit center skylight replacement ($50K); 2021:
garage door replacements ($50K), PW boiler replacement ($20K), 2nd phase of transit center skylight replacement
($50K), Buzzard Park repairs ($41K)
Municipal Complex Maintenance 835,000 714,407 1,549,407 1,549,407 1,549,407 1,549,407
2022: Re-appropriate $714.4K for Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K);
2021: Muni Admin air handlers ($225K), $373K for Muni/PD air handlers and Council Chamber remodel; $25K for
Community Development workspace improvements; Transfer $22.8K to Donovan Pavilion; 2021 includes Admin Upper
level system installation ($175K), PD Stucco patching and painting ($40K), PD wood siding replacement ($30K);
Public Works Building Maintenance - 300,000 300,000 300,000 300,000 300,000 2022: $300K to replace two HVAC units at Public Works
Welcome Center/Grandview Capital Maintenance 25,000 100,000 125,000 125,000 125,000 200,000 325,000 2022: $100K Furniture replacement in Vail Village Welcome Center; $200K DSP educational displays in the Lionshead
and Vail Village Welcome Centers; $50K reimbursement from the VLMD
Employee Rental Units - - 3,088,649 3,088,649 8,000,000 11,088,649 11,088,649 $8.0M for TOV Employee Rental Unit Purchases; Transfer 2022 Employee Rental Units purchases to Capital Fund
Employee Rental Capital Maint - - 25,000 25,000 25,000 25,000 Transfer 2022 Capital Main budget for town owned rental units to Capital Fund
Snowmelt Boilers Replacement 500,000 867,129 1,367,129 1,367,129 1,367,129 1,367,129 2021-2023: Re-appropriate for replacement of TRC 8 electric boilers (2 per year)
Donovan Pavilion Remodel - 5,000 5,000 5,000 5,000 10,000 15,000 2022:Final Donovan Pavilion upgrades; 2021: Remodel and Upgrades to Pavilion; Relocation of HVAC system;
Transfer $10K of facilities capital to Donovan Pavilion for upgrades and capital maint
Public Works Shops Expansion - 1,827,316 1,827,316 1,827,316 1,827,316 1,827,316
Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan
(previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and
changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining
wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for
future building options. Lease financing in 2021 included below.
Total Facilities 1,849,500 3,819,852 5,669,352 3,113,649 8,783,001 8,000,000 16,783,001 72,187 16,855,188
Parking
Parking Structures 785,000 376,429 1,161,429 1,161,429 1,161,429 1,161,429 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing
and other structural repairs
Oversized Parking Area 2,000,000 100,000 2,100,000 2,100,000 2,100,000 2,100,000 2022: $100K for Design and survey costs for new oversized parking area; $2.0M placeholder for Construction of surface
parking lot
Parking Entry System / Equipment - 1,510,410 1,510,410 1,510,410 1,510,410 1,510,410 2021: Re-appropriate $1.2M for a new parking system; $312K for 5 year up front cost of subscription software
Red Sandstone Parking Structure (VRA)- 23,855 23,855 23,855 23,855 23,855 2022: Re-appropriate $23.8K to build fence at parking structure
Lionshead Parking Structure Landscape Renovations (VRA) - 30,291 30,291 30,291 30,291 30,291 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacement
Total Parking 2,785,000 2,040,985 4,825,985 - 4,825,985 - 4,825,985 - 4,825,985
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
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Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Transportation
Bus Shelters 30,000 30,000 30,000 30,000 30,000 Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelter
Replace Buses - 7,650,000 7,650,000 7,650,000 7,650,000 2,200,000 9,850,000
2022: 2 electric buses ordered in 2023 to be delivered in 2024 ($2.2M); Move forward $6M from 2023 budget to
purchase 6 electric buses; $1.65M for 2 more electric buses paid by Hickenlooper federal grant dollars; 2021: Re-
appropriate $3.5M for buses ordered in 2020 with delivery in 2021;
Traffic Impact Fee and Transportation Master Plan Updates - 306,785 306,785 75,000 381,785 381,785 381,785 2022: $75K for big data analysis and public outreach on Transp. Master Plan update project. Municipal and Comm Dev
Building Remodel; Replace HR heat system ($100K)
Hybrid Bus Battery Replacement - 165,000 165,000 165,000 165,000 165,000 2022: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle
replacement has not been needed as of yet
Electric bus chargers and electrical service rebuild - 402,675 402,675 30,000 432,675 432,675 432,675
2022: Supplement $30K to include W Vail Fire Station charging station and 5 year subscription. Re-appropriate $147K
for electric bus infrastructure; $255K additional funding from CDOT grant; 2021:$1.3M to continue to construct electric
bus charging station and electrical service infrastructure at Lionshead and Vail Village Transit centers; $1.1M in grant
revenue will offset cost of this project
Total Transportation 30,000 8,524,460 8,554,460 105,000 8,659,460 8,659,460 2,200,000 10,859,460
Road and Bridges
Capital Street Maintenance 1,405,000 1,405,000 (25,000) 1,380,000 1,380,000 (211,000) 1,169,000
2022: Transfer $211K to Bighorn Rd oversize turnaround; Transfer $25K to bridge repairs. On-going maintenance to
roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill
overlay ($575K)
Street Light Improvements 75,000 219,369 294,369 294,369 294,369 294,369 Town-wide street light replacement
Slifer Plaza/ Fountain/Storm Sewer - 71,417 71,417 71,417 71,417 71,417 2022: Re-appropriate $71.4K for water quality vault ongoing repairs
Vail Health / TOV Frontage Road improvements - 3,387,820 3,387,820 3,387,820 3,387,820 3,387,820
2022: VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded
by VRA in 2021, Traffic impact fee ($1.5M), Timing of this project is pending the Civic Center Master Plan
Neighborhood Bridge Repair - 100,000 100,000 25,000 125,000 125,000 125,000 2022: Transfer $25K from Street Mtce to cover bridge repairs Move forward $100K from 2023 budget to begin design of
Bighorn Rd Bridge rails and culvert replacement; $800K budgeted for construction in 2023
Seibert Fountain Improvements - 27,888 27,888 27,888 27,888 27,888 2022: Final payments for Fountain software system and valve upgrades at Seibert Fountain
Bighorn Rd oversize Turnaround - - - - 297,000 297,000 2022: Construction of oversized turnaround at Bighorn Rd approved by Council on September 9th
Roundabout Lighting Project - 50,000 50,000 50,000 50,000 50,000
2022: Move forward $50K to design roundabout lighting project. The 2023 budget includes $2.5M and proposes to
install new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED
light poles and would incorporate smart transportation equipment such as traffic cameras
Neighborhood Road Reconstruction - 1,463,175 1,463,175 1,463,175 1,463,175 1,463,175 2022: Re-appropriate $1.5M for East Vail road Major Drainage Improvements construction
Vail Village Streetscape/Snowmelt Replacement - 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village
Total Road and Bridge 1,480,000 6,569,669 8,049,669 - 8,049,669 - 8,049,669 86,000 8,135,669
Technology
Town-wide camera system 30,000 30,000 60,000 60,000 60,000 60,000 $30K Annual maintenance
Audio-Visual capital maintenance 150,000 150,000 (53,250) 96,750 96,750 96,750
2022: Reduce audio visual budget for annual operating cost for security camera software support; Re-assessment and
update of A/V and videoconferencing solutions town-wide ($132K); '$18K annual maintenance / replacement of audio-
visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2021:
$100K Welcome Center video wall replacement;
Document Imaging 50,000 50,000 50,000 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for
Laserfiche
Software Licensing 700,000 700,000 700,000 700,000 25,000 725,000 Annual software licensing and support for town wide systems
Hardware Purchases 75,000 75,000 75,000 75,000 75,000 2021-2025: $75K for workstation replacements (20-25 per year); 2021: Time Clock Replacement ($125K); workstation
replacements ($50K);
Website and e-commerce 60,000 10,000 70,000 70,000 70,000 10,000 80,000
2022-2026: Annual website maintenance ($60K); 2022: $10K increase for Sole Power app; $10K Re-appropriation to
continue website migration to Granicus; 2021: $50K for new Vailgov.com website framework and website upgrades;
Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web
camera streaming service $24K;
Fiber Optics / Cabling Systems in Buildings 50,000 575,000 625,000 625,000 625,000 15,000 640,000
2022-2025: $15K for additional cabling for new parking system; Repair, maintain & upgrade cabling/network
Infrastructure $50K; $575K re-appropriation to add additional fiber infrastructure to connect critical IT equipment
locations including the Village parking structure; the Muni Building; LH Parking Structure; and the West Vail Fire Station
Network upgrades 30,000 25,000 55,000 55,000 55,000 55,000 2022: Re-appropriate $25K for delayed wireless devices unable to order during 2021; Computer network systems -
replacement cycle every 3-5 years;
Data Center (Computer Rooms)155,000 155,000 155,000 155,000 155,000 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodel; $30K
annual maintenance; 2022: Includes $125K for Data Center equipment annual maint agreement (2 year agreement)
Broadband (THOR)94,800 94,800 94,800 94,800 3,500 98,300 2021-2024: $94.8K annual broadband expenses, potential future revenues
Business Systems Replacement - 55,000 55,000 55,000 55,000 55,000 2022: HR Performance mgmt. system ($55K)
Total Technology 1,394,800 695,000 2,089,800 (53,250) 2,036,550 - 2,036,550 53,500 2,090,050
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Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Public Safety
Public Safety System / Records Mgmt. System (RMS) 25,000 11,000 36,000 36,000 36,000 36,000 $25K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System";2022: Includes
$11.0K for PD Brazos system
Public Safety IT Equipment 25,000 25,000 25,000 25,000 25,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push
information to TOV and other agencies; TOV portion of annual Intergraph software maintenance;
Public Safety Equipment 74,305 5,000 79,305 16,823 96,128 96,128 193,500 28 9,628
2022 $101.5K for body worn camera system; $92K for SOU robot; $16.8K Police equipment for patrol cars; $5K
increased cost of barriers; Gas masks ($14.5K), Livescan systems ($16.5K); PD truck sign ($13K), 2 additional event
barriers ($30.7K); 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and
holsters; $101.5K per year for body worn camera system
Fire Safety Equipment - 25,000 25,000 25,000 25,000 10,000 35,000 2022:Re-appropriate Wildland personnel protection equipment ($25K); $10K for a new fire hose
Thermal Imaging Cameras 12,000 12,000 12,000 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness,
or heat barriers
Fire Station Alert System 230,000 230,000 230,000 230,000 230,000 2022: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the
timing is being coordinated with Eagle River Fire. Deferred $198K from 2020
Fire Truck Replacement 1,700,000 880,000 2,580,000 166,300 2,746,300 2,746,300 2,746,300
2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; Re-appropriate $880K for
replacement of Engine I purchased in 2011 (Truck was ordered in 2021 but unable to be delivered); Replacement of
Ladder truck (aerial apparatus) purchased in 2000 ($1.7M)
Total Public Safety 2,066,305 921,000 2,987,305 183,123 3,170,428 - 3,170,428 203,500 3,373,928
Community and Guest Service
Children's Garden of Learning Temporary Facility Relocation - 255,545 255,545 70,000 325,545 325,545 325,545 2022: $70K increase budget for final clean-up and east side improvements of lot. Re-appropriate $255K for final costs;
2021: $2.7M for temporarily relocation of the Children's Garden of Learning
Pepi's Memorial - - - - 6,000 6,000 $6K for artist design of Pepi's Memorial in Pepi's Plaza
Loading and Delivery Capital - - - - 125,000 125,000 Capital asset purchases to support the loading and delivery program
Energy Enhancements - 97,294 97,294 97,294 97,294 97,294 2022: Re-appropriate $61.3K for Electric car charges and infrastructure at various town locations; $36K new grant for
electric infrastructure
Pedestrian Safety Enhancements - 25,000 25,000 25,000 25,000 25,000 2022: $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)
Civic Area Redevelopment - 100,000 100,000 100,000 100,000 100,000 2022: $100K to explore outcomes of the Civic Center Master Plan such as feasibility studies / design (includes $50K for
Dobson structural engineering study and $50K for preliminary Lot 10 park design)
Underground Utility improvements - 15,459 15,459 15,459 15,459 2,500 17,959 2022:$18.0K to finalize Big Horn underground utility project
Guest Services Enhancements/Wayfinding - 24,307 24,307 24,307 24,307 128,000 152,307 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K); $128K for parking signage
Timber Ridge Redevelopment - - 50,000 50,000 50,000 50,000 Placeholder for Timber Ridge Redevelopment
Vehicle Expansion 434,500 40,000 474,500 20,000 494,500 494,500 494,500
2022: $20K use of Police seizure funds for purchase of K-9 vehicle; Re-appropriate $40K for new PD detective take-
home vehicle unable to order in 2021; 5 (of 12) vehicles for PD take-home program, detective take-home vehicle; fire
inspector vehicle, wildland crew vehicle
Total Community and Guest Service 434,500 557,605 992,105 140,000 1,132,105 - 1,132,105 261,500 1,393,605
Total Expenditures 10,040,105 23,128,571 33,168,676 3,488,522 36,657,198 8,000,000 44,657,198 2,876,687 47,533,885
Other Financing Sources (Uses)
Debt Service Payment (1,155,712) (1,155,712) (1,155,712) (1,155,712) (1,155,712) Debt Payment for PW Shops
Transfer from Vail Reinvestment Authority 50,000 2,182,146 2,232,146 70,000 2,302,146 2,302,146 2,302,146
2022: $70K for CGL boulder wall; $30.3K LH parking structure landscaping; $1.5M reimbursement for Frontage Rd
roundabout; $256K to complete new CGL building; $23K for Red Sandstone parking structure safety fence; $350K LH
electric snowmelt boiler; $50K LH parking capital maint; 2021: $229K for LH transit center bus stop; $30.3K
reappropriation for LH transit landscape improvements; $30K for Red Sandstone landscaping; VH plans for expansion;
Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA; Lionshead Parking
Structure $50K; CGL Temp Facility $2.73M
Transfer to Residences at Main Vail - (6,144,204) (6,144,204) (6,144,204) (6,144,204) (3,000) (6,147,204) Transfer to Residences at Main Vail Fund
Transfer to Housing Fund (2,500,000) (1,420,000) (3,920,000) (4,112,704) (8,032,704) (8,032,704) 180,002 (7,852,702) 2022: $2.5M InDeed; 2021: Transfer to Housing Fund; 2.5M per year; $2.0M for RMV Opportunity fee; $5.4M Transfer
for HF Beginning balance for FS
Transfer from General Fund - - 20,000 20,000 20,000 20,000 Transfer from Police Seizure Funds to cover K-9 vehicle ($20K)
Total Other Financing Sources and Uses (3,605,712) (5,382,058) (8,987,770) (4,022,704) (13,010,474) - (13,010,474) 177,002 (12,833,472)
Revenue Over (Under) Expenditures 1,764,158 (19,896,480) (18,132,322) (6,437,226) (24,569,548) (8,000,000) (32,569,548) (1,608,470) (34,178,018)
Beginning Fund Balance 34,827,888 49,406,514 49,406,514 49,406,514 49,406,514
Ending Fund Balance 36,592,046 31,274,192 24,836,966 16,836,966 15,228,496
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Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
Real Estate Transfer Tax 7,500,000$ 7,500,000$ 7,500,000$ 7,500,000$ 2,207,414$ 9,707,414$ 2022: Based on 5-year average; 2023-2035: 2% annual increase
Golf Course Lease 171,700 171,700 171,700 171,700 171,700 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease
signed in 2019; Rent income funds the "Recreation Enhancement Account" below
Intergovernmental Revenue 20,000 350,000 370,000 40,000 410,000 410,000 (50,000) 360,000
2022: $50K transfer VLMD reimbursement for Welcome center display; $40K from Eagle County for wildfire mitigation; $20K
lottery proceeds; 1st Supplemental: $50K reimbursement from VLMD for Welcome Center displays; $300K re-appropriation from
ERWSD for Dowd Junction retaining wall; 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project;
$20K lottery proceeds
Project Reimbursements 101,200 101,200 101,200 101,200 101,200 2022: VRD reimbursement for annual Synexis, $90K reimbursement from the VLMD for DSMP Welcome Center displays (see
project below); 2021: VRD Reimbursement for annual Synexis Maint.
Donations - 42,433 42,433 42,433 42,433 4,166 46,599 2022: $4.2K Sole power donations; 1st Supplemental: $10K donation from Doe Browning for Winterfest; $32.4K unused East
West donation for Ford Park art space; 2021: $35.8K unused donation from East West for Ford Park art space
Recreation Amenity Fees 10,000 10,000 10,000 10,000 10,000 2021: $75K of additional recreation amenity fees based on YTD collections; 10K annually
Earnings on Investments and Other 132,460 132,460 25,000 157,460 157,460 8,915 166,375
2022: $8.9K bag fee for Clean-up day; $25K use of bag fees for waster intern and programming. Corresponding expense below.
2021 $4.5K use of Sole Power grants towards participant prizes; $7.5K IAFC grant to be used towards fire chipping program;
$7.9K use of bag fee for recycling banner swag; $32K Clean Up Day ; 2021-2035: 0.7% interest rate assumed
Total Revenue 7,935,360 392,433 8,327,793 65,000 8,392,793 - 8,392,793 2,170,495 10,563,288
Management Fee to General Fund (5%)375,000 375,000 375,000 375,000 110,371 485,371 5% of RETT Collections - fee remitted to the General Fund for administration
Wildland
Forest Health Management 556,393 556,393 34,072 590,465 590,465 590,465 Transfer from GF for wages/benefits; Operating budget for Wildland Fire crew; 2022 includes additional 2.3FTE
Wildfire Mitigation 25,000 25,000 40,000 65,000 65,000 65,000 2022: $40K mitigation paid for by Eagle County. Implementation of Fuels Reductions projects and potential geological hazard
study to update CWPP.
NEPA for East Vail Hazardous Fuels Reduction 50,000 49,000 99,000 99,000 99,000 99,000
Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction Project. This is a project which council has already
voted to support, it consists of hazardous fuels reduction on USFS lands from East Vail to Red Sandstone Road; $49K increase in
estimated NEPA costs as approved by Council
Fire Free Five - Rebate program 150,000 150,000 150,000 150,000 150,000 Cost share program for Vail citizens implementing Fire Wise
Wildfire Camera Pilot Program Placeholder 25,000 25,000 25,000 25,000 $25K increase to participate in wildfire camera pilot program
Fire Free Five - TOV Implementation - 100,000 100,000 100,000 200,000 200,000 50,000 250,000 2022: $50K of addition funds for Fire Free Five program; Move forward $100K from 5 year plan to mitigate all TOV facilities; Fire
Free Five- TOV facilities
Total Wildland 631,393 299,000 930,393 199,072 1,129,465 - 1,129,465 50,000 1,179,465
Parks
Annual Park and Landscape Maintenance 2,135,540 5,000 2,140,540 51,814 2,192,354 2,192,354 2,192,354 2022: $51.8K Transfer from GF for salaries/benefits; Ongoing path, park and open space maintenance, project mgmt.; Town Trail
Host volunteer program ($16,000); $5K for propane for winter outdoor heating
Village Holiday Lighting Design 185,000 185,000 185,000 185,000 185,000 2022: This includes the costs of a consultant to assist the town in identifying alternative holiday decorations from traditional trees
decoration; purchase two pre-lit trees for Vail Village and Lionshead as an alternative to decoration live trees
Park / Playground Capital Maintenance 125,000 35,000 160,000 50,000 210,000 210,000 5,000 215,000
2022: $5K for increased expenditures for Ellefson sidewalks; $50K to replace playground equipment at 4 parks. $35K sidewalk
repair to Ellefson Park sidewalks to coincide with turf project; Annual maintenance items include projects such as playground
surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence
maintenance;2021: $125K annual Maint; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to
Stephen's park to complete project
Mayors Park Capital Maintenance 50,000 50,000 50,000 50,000 50,000 2022: Replace flagstone at Mayors Park
Tree Maintenance 75,000 75,000 75,000 75,000 75,000 On going pest control, tree removal and replacements in stream tract, open space, and park areas
Street Furniture Replacement 85,000 85,000 85,000 85,000 85,000 Annual street furniture replacement
Village Landscape Enhancements 50,000 50,000 50,000 50,000 50,000 Landscaping Enhancements of areas identified in Vail Village for potential future sculptural placement
Covered Bridge Pocket Park Rehabilitation - - - - - 2021: $111.1K complete Pocket Park rehabilitation
Stephens Park Safety Improvements - 35,821 35,821 35,821 35,821 35,821 2022: Re-appropriate $35.8K for interpretive signage, playground equipment, and landscaping; 2021: $63.2K for Stephens Park
safety improvements; transfer $30 from park capital maint
Ford Park Master Plan 150,000 (44,201) 105,799 95,000 200,799 200,799 200,799
2022: Moving forward with master plan update - $95K increase due to higher costs; Council approved contract with WRT 6/22.
Reduce $47K moved up in 2021 budget from 2022; re-appropriate 2.3K; Master Plan Revisions/Updates to address several
proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion, conversion of fields
to turf
Ford Park- Betty Ford Way Pavers 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 2022: Construction of new concrete unit paver roadway, new steel guardrail, stream walk intersection improvement, and
landscaping improvements. This project would be coordinated with BFAG
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
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Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Ford Park Enhancement: Priority 3 Landscape area - 5,946 5,946 5,946 5,946 5,946 2022: $5.9K for landscaping at the Nature Center bridge; 2021: $75K for landscaping around playground ad basketball court
Ford Park Playground Improvements - 200,000 200,000 200,000 200,000 200,000 2022: Safety Improvements to the Ford Park play area including wooden bridge to boulder area, expansion to toddler area, ADA
upgrades, and replacement of a safety net ($200K)
Ford Park Lighting Control System 180,000 180,000 180,000 180,000 180,000 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. Old
Sunbird Park Fountain Repairs - 3,430 3,430 3,430 3,430 3,430 2022: Re-appropriate $3.4K for final bills; 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation
system to water safe for kids
Vail Transit Center Landscape - 32,817 32,817 32,817 32,817 32,817 2022: $32.8K for completion of landscaping at Vail transit center
Turf Grass Reduction 150,000 49,862 199,862 199,862 199,862 199,862 2022: $150K Continuation of turf reduction at Ellefson park, turf replacement at TM residences and Red Sandstone Underpass;
$41K increase in cost over estimate; $8.7K re-appropriation; 2021: $10K Begin turf reduction project at Ellefson park
Kindell Park/Mill Creek - 149,862 149,862 149,862 149,862 149,862 2022: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship park
Donovan Park Improvements 35,000 35,000 35,000 35,000 22,000 57,000 2022: Relandscaping on Donovan Park parking lot islands
Gore Creek Promenade Rehabilitation 370,000 370,000 370,000 370,000 370,000
2022: Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would
include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a
stream walk connection to the Covered Bridge Pocket Park
Total Parks 4,790,540 473,537 5,264,077 196,814 5,460,891 - 5,460,891 27,000 5,487,891
Rec Paths and Trails
Rec. Path Capital Maint 159,717 159,717 159,717 159,717 (20,000) 139,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's
recreation path system; 2022: Use of $20K of rec path maint for Booth Creek Trailhead restroom
Bike Safety 15,000 15,000 15,000 15,000 15,000 $15K annual cost for bike safety programs
Bike Path Signage 35,000 35,000 35,000 35,000 35,000 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfinding
Pedestrian Bridge Projects 400,000 400,000 400,000 400,000 400,000 2022-2027: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass;
Gore Valley Trail Bridge Replacement (ERWSD)40,000 40,000 40,000 40,000 40,000 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD)
Gore Valley Trail Fence Replacement at Dowd Junction - 50,000 50,000 50,000 50,000 50,000 2022: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence project
East Vail Interchange Improvements - 209,443 209,443 209,443 209,443 209,443 2022: Re-appropriate $253K to continue East Vail interchange project
Dowd Junction repairs and improvements - 799,155 799,155 799,155 799,155 799,155
2022: Continue Re-stabilization of Dowd Junction retaining wall ($799.2K); Repairs to culverts, drainage, and preventative
improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement
from ERWSD
Booth Lake Trailhead Parking Restroom 375,000 63,950 438,950 438,950 438,950 20,000 458,950 2022: Installation of permanent restroom at Booth Lake trailhead for hikers; $20K from Rec path maint
Total Rec Paths and Trails 984,717 1,162,548 2,147,265 - 2,147,265 2,147,265 -2,147,265
Recreational Facilities
Nature Center Operations 106,187 106,187 106,187 106,187 106,187 Nature Center operating costs(Contract with Walking Mountains)
Nature Center Capital Maintenance 38,690 55,165 93,855 93,855 93,855 93,855 2022: Re-appropriate $55K placeholder for nature center maint and repairs; Wood siding and trim repairs ($11.4K), open rail
fencing replacement ($13.4K)
Nature Center Redevelopment - 383,522 383,522 383,522 383,522 383,522 2022: $383.5K for further planning and design for a nature center remodel
Library Landscape and reading area 100,000 100,000 100,000 100,000 100,000 2022: Exterior landscaping and site work enhancements for an outdoor reading area
Total Recreational Facilities 244,877 438,687 683,564 - 683,564 - 683,564 -683,564
Environmental
Environmental Sustainability 651,505 651,505 42,966 694,471 694,471 10,915 705,386
Annual operating expenditures for Environmental department (4.25 FTEs); includes $40K for Clean up day, professional dues to
organizations such as CC4CA, Climate Action Collaborative, etc.; $12k Sustainability intern, $10K Waste Education Intern paid for
with bag fees; $20.9K transfer from GF for salary/benefits; $10.9K of additional funds for Clean-up Day
Recycling and Waste Reduction Programs 240,000 20,320 260,320 15,000 275,320 275,320 275,320
2022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-appropriate $20.3K for pilot
compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D Pilot
($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers
Market Zero Hero ($42K); Recycling Education ($17.5K); 2021: Green Team ($2.5K), Eagle County Recycling Hauls ($25K), Zero
Hero ($25K), Actively Green ($40K); Recycling Education ($30K);
Ecosystem Health 321,500 321,500 216,700 538,200 538,200 16,593 554,793
2022: $175K placeholder for Dowd Junction wildlife crossing (parnership with CDOT); $14.7K for CO Communities for Climate
Action retreat and $27K for partnership with Zinc Media for Sustainable Travel; Add $17.0K for Front ranger program; 2021:
Wildlife Forum ($2.5K), CC4CA ($3K); Biodiversity Study ($50K), Sustainable Destination ($30K), Trees for Vail ($5K), USFS
Forest Service Ranger Program ($33K); Wildlife Habitat Improvements ($100K); 2022: CC4A ($3K), Biodiversity Study ($150K),
Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat
Improvements ($102.5K)
12 20
0
Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Energy & Transportation 55,000 34,049 89,049 89,049 89,049 4,166 93,215
2022: $25K for Solar feasibility study; $8K EV planning and analysis; Energy Smarts ($40K), Sole Power ($7.5K), Energy
Outreach Programs ($7.5K); 2021: Continue E-Bike pilot program ($25K), Energy Smart Partnership ($40K), Sole Power ($7.5K);
$4.2K use of donations for Sole Power prizes; 2021: E-bike pilot program research ($25K); Annual expenditures: Energy Smart
Colorado partnership contract ($40K); Sole Power coordination ($7.5K); 2021-2024: Energy Smart Partnership contract ($40K),
Sole Power (7.5K)
E-Bike Programs 193,000 193,000 193,000 193,000 193,000 Town of Vail E-bike share program ($175K); E-Bike Ownership Model Program ($18K)
Streamtract Education/Mitigation 50,000 50,000 50,000 50,000 50,000 2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge
and storm drain art; 2021 also includes $20K re-appropriation for additional education
Water Quality Infrastructure 300,000 1,716,541 2,016,541 2,016,541 2,016,541 2,016,541
2022: Re-appropriate for water quality infrastructure; $300K for snow dump cleanout and West Vail drainage grate replacement;
2021: Continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as
part of "Restore the Gore"; 2021: $1.0M plus $750K deferred from 2020
Streambank Mitigation 100,000 25,000 125,000 125,000 125,000 125,000
2021-2024 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes
2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue
above.
Private Streambank Mitigation Program 150,000 150,000 150,000 150,000 150,000 Private streambank mitigation program funding placeholder
East Vail Water Quality TAPS - - 2019: Completion of East Vail Water Quality Improvements
Booth Heights Open Space - - - 12,000,000 12,000,000 12,000,000 Offer to Vail Resorts for the purchase of the Booth Heights Parcel
Gore Creek Interpretive Signage 175,000 50,000 225,000 225,000 225,000 225,000 2022: $225K for watershed map and installation at the Gore Creek Promenade; 2021: Re-appropriate $150.8K for Gore Creek
Interpretive signage project
Welcome Center Educational Displays 150,000 50,000 200,000 200,000 200,000 (200,000) - DSP educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMD; Transfer this
project to the CPF
PW Solar Project - - - - 104,040 104,040 2022: $104.0K re-appropriation from 2021 for final solar payments; 2021: Installation of solar panels at Public Works Shops
deferred from 2020;
Ford Park Amphitheater Solar Panels 100,000 100,000 100,000 100,000 100,000 2022: 50/50 cost share with the VVF for roof solar panels
Total Environmental 2,486,005 1,895,910 4,381,915 274,666 4,656,581 12,000,000 16,656,581 (64,286) 16,592,295
Art
Public Art - Operating 136,586 136,586 2,694 139,280 139,280 139,280 $2.7K Transfer from GF for salary/benefits; Art in Public Places programming and operations
Public Art - General program / art 60,000 368,960 428,960 428,960 428,960 428,960 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds;
$618K Re-appropriation less $250K AIPP fund used towards Ford Park Art Studio
Public Art - Winterfest 30,000 34,746 64,746 64,746 64,746 64,746 2022: $64.7K for annual Winterfest programming
Seibert Memorial Statue - 12,692 12,692 12,692 12,692 12,692 2022: $12.7K for Pete Seibert Memorial statue maintenance
Art Space 850,000 32,259 882,259 882,259 882,259 882,259 2022: Design phase for Ford Park art space- see corresponding donation from East West above; 2022: $850K Rebuilding of
designated Art Space Studio in Ford Park using $250K of existing AIPP funds
Total Art 1,076,586 448,657 1,525,243 2,694 1,527,937 - 1,527,937 -1,527,937
Community
Council Contribution: Betty Ford Alpine Garden Support 74,649 74,649 74,649 74,649 74,649 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase
Council Contribution: Eagle River Watershed Support 42,000 42,000 42,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs
Council Contribution: Adopt A Trail 17,500 17,500 17,500 17,500 17,500 Adopt A Trail Council Contribution for trails in or bordering the Town
Council Contribution: Eagle Valley Land Trust 5,000 5,000 5,000 5,000 5,000 Eagle Valley Land Trust Council Contribution
Total Contributions 139,149 -139,149 - 139,149 - 139,149 -139,149
VRD-Managed Facilities & Maintenance
Recreation Enhancement Account 171,700 711,665 883,365 883,365 883,365 883,365 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)
Recreation Facility Maintenance - 22,000 22,000 22,000 22,000 22,000 2022: Annual $22K for general RETT facility maintenance; $11.2K Synexis Maint
Golf Clubhouse - 9,496 9,496 70,000 79,496 79,496 79,496 2022: Exterior paint & stain ($24K), Sewage and roof forensic study ($8K), placeholder for repairs and maint as result of the study
($47.5K)
Athletic Field Restroom/Storage Building 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 2022: Placeholder for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage building
Golf Course - Other 41,273 328,478 369,751 369,751 369,751 216,000 585,751
2022: $216K for golf course greens project; VRD shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K);
2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not
completed; course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater
($8.9K), maint. building furnace ($9.8M)
Dobson Ice Arena 30,514 584,242 614,756 614,756 614,756 614,756
2022: Rockwall Repairs ($12.8M), concrete walkways ($17.7K); 2021: Re-appropriate $110.7K for paver and roof repairs;
Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), rebuild of electrical system ($144.2K), boiler room
upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim ($9.3K); Repairs to exterior doors ($80.0K)
Ford Park / Tennis Center Improvements 37,934 137,576 175,510 175,510 175,510 175,510
2022: Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K); Exterior
Doors- previously budgeted in 2023 ($4.6K); 2021: $141K for golf course maintenance scheduled in 2020 but not completed;
Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility
Study ($10K)
Athletic Fields 123,510 115,716 239,226 239,226 239,226 239,226 2022: Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K); '2021: Coat exterior gypsum
board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K)
Gymnastics Center 47,550 235,239 282,789 282,789 282,789 282,789 2022: Restroom remodel ($42.6K); 2021: Cooling system
Total VRD-Managed Facilities & Maintenance 1,452,481 2,144,412 3,596,893 70,000 3,666,893 - 3,666,893 216,000 3,882,893
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1
Changes since 1st Reading
1st 2022 2nd 2022 3rd 2022 4th 2022
2022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Total Expenditures 12,180,749 6,862,751 19,043,500 743,246 19,786,746 12,000,000 31,786,746 339,085 32,125,831
Other Financing Sources (Uses)
Transfer from General Fund - - 109,546 109,546 - 109,546 109,546 Transfer from GF for RETT department salary and benefits
Revenue Over (Under) Expenditures (4,245,389) (6,470,318) (10,715,707) (568,700) (11,284,407) (12,000,000) (23,284,407) 1,831,410 (21,452,997)
Beginning Fund Balance 17,380,340 28,077,540 28,077,540 28,077,540 28,077,540
Ending Fund Balance 13,134,952$ 17,361,833$ 16,793,133$ 4,793,133$ 6,624,543$
14 20
2
2022 1st 2022 2nd 2022 4th 2022
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Housing Sales Tax -$ 4,075,000$ 4,075,000$ 425,000$ 4,500,000$ 313,000$ 4,813,000$
Housing Fee in Lieu Annual Collections - -- 46,000 46,000
Transfer in from Capital Projects Fund 2,500,000 1,420,000 3,920,000 (1,420,000) 2,500,000 2,500,000
Workforce Housing Sales - - 1,270,000 1,270,000 419,000 1,689,000
Total Revenue 2,500,000 5,495,000 7,995,000 275,000 8,270,000 778,000 9,048,000
Expenditures
Housing Programs
InDeed Program 2,500,000 694,334 3,194,334 3,194,334 3,194,334
Buy Down Housing - 25,609 25,609 25,609 46,000 71,609
Future Purchases - 100,000 100,000 4,500,000 4,600,000 (1,700,000) 2,900,000
Vail Heights Condo #10 - - - 548,000 548,000
North Trail Townhome Unit D - - - 307,000 307,000
Pitkin Creek 12-L unit - - 976,288 976,288 976,288
Chamonix unit B - - 634,940 634,940 634,940
TOV Employee Housing
Pitkin Creek 5-P unit - 535,000 535,000 (535,000) - -
Buffehr Creek Condo #4 (Meadow)- 830,000 830,000 (830,000) - -
East Vail Lodging Unit #16 - 565,000 565,000 (565,000) - -
Employee Housing Capital Maintiance - 25,000 25,000 (25,000) - -
Construction Housing Projects
Residences at Main Vail Opportunity Fee - 2,000,000 2,000,000 2,000,000 2,000,000
Timber Ridge Redevelopment - -- 195,000 195,000
Land Purchases for future Housing
East Vail CDOT Parcel - 2,000,000 2,000,000 2,000,000 650,000 2,650,000
Total Expenditures 2,500,000 6,774,943 9,274,943 4,156,228 13,431,171 46,000 13,477,171
Operating Income - (1,279,943) (1,279,943) (3,881,228) (5,161,171) 732,000 (4,429,171)
Beginning Fund Balance (Transfer from CPF)- 5,352,702 5,352,702 5,352,702
Ending Fund Balance -$ (1,279,943)$ 4,072,759$ (3,881,228)$ 191,531$ 732,000$ 923,531$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
1520
3
2022 1st 2022 2nd 2022 4th 2022
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Town of Vail Interagency Charge 3,897,518$ 3,897,518$ 3,897,518$ 3,897,518$
Insurance Reimbursements & Other 10,000 10,000 10,000 53,611 63,611
Earnings on Investments 2,000 2,000 2,000 2,000
Equipment Sales and Trade-ins 126,890 126,890 126,890 126,890
Total Revenue 4,036,408 4,036,408 4,036,408 53,611 4,090,019
Expenditures
Salaries & Benefits 1,224,934 1,224,934 48,394 1,273,328 1,273,328
Operating, Maintenance & Contracts 1,850,198 45,900 1,896,098 191,000 2,087,098 2,087,098
Capital Outlay 1,055,000 490,796 1,545,796 1,545,796 306,405 1,852,201
Total Expenditures 4,130,132 536,696 4,666,828 239,394 4,906,222 306,405 5,212,627
Revenue Over (Under) Expenditures (93,724) (536,696) (630,420) (239,394) (869,814) (252,794) (1,122,608)
Transfer In from General Fund - - 48,394 48,394 48,394
Beginning Fund Balance 2,118,869 2,499,233 2,499,233 2,499,233
Ending Fund Balance 2,025,145$ 1,868,813$ 1,677,813$ 1,425,019$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
16 204
2022 1st 2022 2nd 2022 4th 2022
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Investment Earnings -$ -$ -$ -$
Total Revenue - - - - -
Expenses
Professional Fees - - - 3,000 3,000
Capital Outlay - 28,116,258 28,116,258 (653,057) 27,463,201 27,463,201
Total Expenditures - 28,116,258 28,116,258 (653,057) 27,463,201 3,000 27,466,201
Revenue Over Expenses - (28,116,258) (28,116,258) 653,057 (27,463,201) (3,000) (27,466,201)
Other Financing Sources (Uses)
Principal Repayment (315,000) (315,000) (315,000) (315,000)
Interest Expense (905,578) (905,578) (905,578) (905,578)
Transfer from Capital Projects Fund - 6,144,204 6,144,204 6,144,204 3,000 6,147,204
Total Other Financing Sources (Uses)(1,220,578) 6,144,204 4,923,626 - 4,923,626 3,000 4,926,626
Change in Net Position (1,220,578) (21,972,054) (23,192,632) 653,057 (22,539,575) - (22,539,575)
Net Position- Beginning 21,560,619 22,539,575 22,539,575 22,539,575
Net Position- Ending 20,340,041$ (653,057)$ -$ -$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
17 205
Ordinance No. 24, Series of 2022
ORDINANCE NO.24
SERIES OF 2022
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, RESIDENCES AT MAIN VAIL FUND, HEAVY EQUIPMENT FUND OF THE 2022
BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $949,681
Capital Projects Fund 2,879,687
Real Estate Transfer Tax Fund 339,085
Housing Fund 46,000
Residences at Main Vail Fund 3,000
Heavy Equipment Fund 306,405
Interfund Transfers 177,002
Total $ 4,520,858
2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
206
Ordinance No. 24, Series of 2022
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of December 2022, and a public hearing shall be held on this
Ordinance on the 20th day of December 2022, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
_______________________________
Kim Langmaid, Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
20th day of October 2022.
____________________________
Kim Langmaid, Mayor
ATTEST:
________________________________
Stephanie Bibbens, Town Clerk
207