HomeMy WebLinkAbout2023-07-18 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.Consent Agenda (5 min.)
3.1 June 6, 2023 TC Meeting Minutes
3.2 June 20, 2023 TC Meeting Minutes
3.3 Resolution No. 26, Series of 2023, a Resolution Approving
an Intergovernmental Agreement between the Town of
Vail and the Eagle County Clerk and Recorder Concerning
a Coordinated Election on November 7, 2023.
Approve, approve with amendments or deny Resolution No.
26, Series of 2023.
Background: The Town of Vail wishes to enter into an
Intergovernmental Agreement with Eagle County Clerk and
Recorder for the purpose of conducting a coordinated election
on November 7, 2023.
3.4 Resolution No. 27, Series of 2023, A Resolution Approving
an Intergovernmental Agreement with the Town of Avon,
Eagle Vail Metro District and Eagle County Government
for distribution of the CDOT Office of Innovative Mobility
Grant for the Shift Bike Share Expansion to Provide for
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually via Zoom
Zoom Link: https://us02web.zoom.us/webinar/register/WN_nIphRVHoQeqa6R7j0GnVDw
6:00 PM, July 18, 2023
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
060623 TC Meeting Minutes.doc
062023 TC Meeting Minutes.doc
2023-26 coordinated election IGA.docx
2023 Coordinated Election IGA FINAL DRAFT.pdf
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the Distribution of Funds Relating to a Certain
Transportation Demand Management Innovation Grant
from the Colorado Department of Transportation to Fun
the Shift Bike Electric Bike Share Program Expansion
Project
Approve, approve with amendments, or deny Resolution No.
27, Series of 2023.
Background: The Town of Vail, Town of Avon, Eagle Vail
Metro District, Eagle County, and Edwards Metro District
partnered in 2023 to expand the Shift Bike regional electric
bike share program. The partner communities secured
$50,000 through the Colorado Department of Transportation’s
Transportation Demand Management Innovation Grant to help
proportionately offset the expansion costs in each partner
community. The Town of Vail was the lead applicant for the
grant and administering entity for grant reporting requirements
and distribution of the funds to the other partner communities.
The IGA allows for Town of Vail to distribute allocated grant
funds.
3.5 Contract Award to Sigma Tactical Wellness for the Annual
Officer Wellness Check
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Sigma Tactical
Wellness for the Annual Officer Wellness Check, not to exceed
$53,000.00.
Background: The purpose of this item is to receive Council's
approval for the Vail Police Department's Annual Sigma Officer
Wellness Check. This is a program Vail Police Department
has been doing for many years to ensure our officers are
physically healthy to perform their jobs to the best of their
abilities.
3.6 Contract Award to Lazano's Welding, Gallegos Masonry, &
Intermountain Painting for Structural Replacement to Stair
#5 in the Vail Village Parking Structure
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Lazano's Welding
for the Structural Replacement Project, not to exceed
$224,700.00, Gallegos Masonry for a sum not to exceed
$13,700.00, and Intermountain Painting for a sum not to
exceed $7,200.00.
Background: The eastern end of the Vail Village Parking
Structure was constructed in 1991. Years of moisture
retention has caused Stair #5 to have considerable rusting
affecting the treads, steel stringers, and landings. Staff have
removed many of the thread noses to prevent trip hazards and
injury to the public. A complete replacement of the stair
system is recommended by staff.
Resolution No. 27_Shift Bike IGA Memo_07182023.docx
Resolution No. 27_Shift Bike IGA_07182023.doc
Shift Bike IGA - 07182023.docx
Sigma Council Memo.docx
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3.7 Contract Award to Restruction Corporation for Structural
Repairs & Expansion Joint Replacement
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Restruction
Corporation not to exceed $172,800.00
Background: For the past several years, Public Works has
contracted for structural repairs and expansion joint
replacement in both parking structures under the advice of J.R.
Harris & Associates structural engineers. The proposed work
is a continuation of this program.
3.8 Letter of Support for I-70 East Vail Pass Wildlife Crossings
Discretionary Grant Application
Approve, approve with amendments, or deny Letter of
Support.
Background: Summit County Safe Passages for Wildlife and
Colorado Department of Transportation (CDOT) are seeking a
federal grant for the construction of three wildlife crossings and
wildlife exclusion fencing on I-70 on the east side of Vail Pass
(from the summit of Vail Pass to Copper Mountain). This
project has potential to restore wildlife corridors and habitat
connectivity by providing safe crossings for species including
Canada lynx, mule deer, elk, moose, and bighorn sheep while
protecting motorists from collisions with wildlife. CDOT has
already secured $750,000 from the State of Colorado general
fund for the project. The coalition planning the project has
reached out to Town of Vail requesting a letter of support for
their funding application to US Department of Transportation.
Summit County Safe Passages is also soliciting private
donations to support the project.
4.Town Manager Report (10 min.)
4.1 Town Manager Report
4.2 Council Matters and Status Report
4.3 Vail Town Council Priority Goals for 2023
5.Action Items
5.1 Contract Award to ViaOne Services and Graybar for Fiber
Optic Cable Construction
15 min.
Vail Village Stair #5.docx
Stair Photo 1.jpg
Stair Photo 2.jpg
Stair Photo 3.jpg
Stair Photo 4.jpg
Parking Structure Repairs.docx
Letter of Support Wildlife Crossing.docx
Town Manager Update 060623_mg.docx
230718 Matters.docx
Priority_Vail_Town_Council_Goals_for_2023.docx
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Approve the Town Manager to enter into a contract, approved
by the Town Attorney with ViaOne Services for fiber optic
cable construction, not to exceed $775,000.00 and Graybar for
fiber optic materials not to exceed $80,000.00. Approve,
approve with amendments, or deny budget increase by
$325,000.00 for additional expenses over the predicted budget
and for a 10% contingency.
Presenter(s): TJ Johnson, Director of Information Technology
Background: Fiber Optic cable is the backbone upon which all
internet connectivity depends. This project will provide an
additional path for this critical infrastructure, thereby enhancing
the reliability of our town's broadband internet and cellular
communications, and position us to provide future connectivity
to additional areas of the town.
5.2 H.R. 1380 - Protect America's Rock Climbing Act 10 min
Should the Vail Town Council wish to take action concerning
H.R. 1380, staff recommends a position of Oppose.
Presenter(s): Kristen Bertuglia, Environmental Sustainability
Director
Background: H.R. 1380, Protect America’s Rock Climbing Act,
introduced by Representatives John Curtis (R-Utah) and Joe
Neguse (D-Colo.), would direct the Secretaries of Agriculture
and the Interior to adhere to allowing for activities previously
prohibited in designated Wilderness, including rock climbing,
the placement, use, and maintenance of fixed anchors, and
the use of other equipment necessary for recreational
climbing.
5.3 Ordinance No. 13, Series 2023, First Reading, an
Ordinance of the Town Council of the Town of Vail,
Colorado Amending Chapter 2 of Title 4 of the Vail Town
Code, Regarding Alcoholic Beverages and the Local
Licensing Authority
15 min.
Approve, approve with amendments, or deny Ordinance No.
13, Series 2023 upon first reading.
Presenter(s): Matt Mire, Town Attorney
Background: At the direction of Council, staff is bringing
forward a modification to the Town Code regarding the Local
Licensing Authority.
6.Public Hearing
6.1 An Appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the final decision of the Town of Vail Planning
30 min.
Fiber Construction Services and Materials Agreements.pdf
Memo_071823_HR_1380_Bolting_in_Wilderness.pdf
PARC_Act_opposition_bullet_points.pdf
Letter_of_Opposition_-_Protect_America_s_Parks_Act_-_Bolting_in_Wilderness.pdf
Public Input PARC Act.pdf
PARC Act info.pdf
LLA-O070623.docx
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and Environmental Commission on May 22, 2023, denying
variances from Section 12-6D-6 Setbacks, Vail Town Code,
and Section 14-10-4. Architectural projections, decks,
balconies, steps, bay windows and the like, Vail Town
Code, in accordance with the provisions of Section 12-17-
1, Variances, Vail Town Code, to allow variances to the
required setback(s) for proposed improvements of the
eastern unit (Unit A), located at 706 Forest Road, Lot 9,
Vail Village Filing 6
Uphold, uphold with amendments, or overturn PEC's decision.
Presenter(s): Greg Roy, Senior Planner
Background: Paul J. and Danita K. Ostling, represented by
Matthew Stovall of Stovall Associates, P.C., requested the
review of Variances, pursuant to Section 12-17-1, Variances,
Vail Town Code, to allow variances to the required setback(s)
for proposed improvements of the western unit, (Unit A),
located at 706 Forest Road, Lot 9, Vail Village Filing 6.
(PEC23-0007). On May 22, 2023, the Planning and
Environmental Commission held a public hearing on the
Variance application and voted 7-0 to deny the application,
finding that the application failed to meet required criteria #2
and #4.
7.Adjournment 7:35pm (estimate)
Ostling Appeal Memo.pdf
Attachment A. Paul J. and Danita K. Ostling Appeal with supporting documentation, June
9, 2023.pdf
Attachment B. PEC23-0007 May 22, 2023, packet including attachments.pdf
Attachment C. PEC Results, May 22, 2023.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:July 18, 2023
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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From:Dominic Mauriello
To:Council Dist List
Cc:Russell Forrest; Matt Gennett; Jonathan Spence; Greg Roy; Matt Mire; Stephanie Bibbens
Subject:West Vail Multiple Family Overlay District
Date:Thursday, June 29, 2023 3:22:11 PM
Dear Town Council members:
I have been following closely the proposed West Vail Multiple Family Overlay District for
many months. I was asked by some property owners in West Vail to help them evaluate the
Town’s proposals.
When I first got involved I was very concerned about the proposed ordinance. I thought it was
very punitive and likely to never be used by any owner within West Vail. I think the goal is
encourage redevelopment of properties in a way that makes it financially feasible and result in
an increase in the number of deed restricted units within the West Vail area. The revised
proposal that was recommended for approval by PEC includes a huge bundle of incentives to
realize new deed restrictions in West Vail.
I’m not sure the presentations made to-date have been effective at communicating the
incentives and likely results of redevelopment on West Vail so I’d like to highlight those for
you.
Proposed Regulations and Incentives:
Unlimited EHU Density - The new overlay district allows unlimited deed restricted
unit density on properties. This is a massive incentive to build EHUs as they do not
count against the free market density and you can build as many as can physically
accommodated with building height, setbacks, site coverage, and parking limitations.
Unlimited EHU GRFA - The new overlay district allows unlimited deed restricted unit
floor area on properties. This is a huge incentive to build EHUs as they do not count
against the free market GRFA allowed.
Reduced Process and Flexibility - If a proposed development complies with site
coverage, free-market GRFA, landscape area, building height, setbacks, and parking the
project is only reviewed by the DRB making for a quick approval process. If one wants
to vary from the above standards except building height and setbacks, which are sacred,
then the plan can be approved by the PEC as long as it complies with certain criteria.
These processes allow significant flexibility for a property owner to redevelop property
and provide deed restricted units. Any net new free-market GRFA must be mitigated at
30% by providing EHUs onsite. Payment in lieu is only allowed if the EHU
requirement is less than 438 sq. ft. otherwise 100% must be mitigated onsite.
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Free-Market GRFA - The proposal only makes a very marginal increase in GRFA for
larger lots by right. For lots under 10,000 sq. ft. there is no increase in GRFA for free
market units. However, a proposal to exceed the free-market GRFA can be approved
by the PEC subject to review criteria without a variance making it much more flexible.
Today a GRFA variance is next to impossible to obtain. Any additional increase in free-
market GRFA has to again be mitigated at 30% with EHU floor area.
Free-Market Density - Free market density is being increased by the proposal as a use
by right up to 18 units per acre without any PEC review. However, a proposal to exceed
the free-market density can be approved by the PEC subject to review criteria without a
variance making it much more flexible.
Development on 40% Slopes - The proposal exempts properties in this zone district
from development restrictions on slopes of 40% or greater as is currently allowed for
single-family and duplex zone districts. This is a significant incentive reducing the need
to obtain a variance to allow development on steep lots. Most properties in West Vail
are currently developed on steep lots. This allowance should also be extended to the
Housing zone district, while you are amending it.
When you add all of these incentives together, it makes it very attractive to redevelop
properties and maximize deed restricted units.
One additional suggestion I would make is to either allow Type 3 EHUs in this zone district
which do not count towards density or GRFA, add a new EHU Type that is allowed in this
zone district that is exempt from GRFA and Density, or make it clear that a Type 4-IZ EHU
which is exempt from GRFA and Density, can be proposed even if it is in excess of the
mitigation requirement (i.e., if I’m only required to mitigate two units as EHUs but I want to
build four units as EHUs, I can do that and still be exempt from GRFA and Density).
The maximum size limit of all EHUs should be removed in the Employee Housing Chapter
(Chapter 13). Several EHUs, including Type 3 EHUs, are limited to maximum of 1,200 sq. ft.
in size, which seems extremely limited especially when considering housing for a family.
The PEC is also proposing to add the west vail multi-family zone to the list of zones that are
exempt from the 40% development restriction (section 12-21-10(A)). I would also suggest
you add the Housing zone district to this list of exempt zone districts. The town has approved
variances to allow housing project on slopes of 40% or greater on just about every project
developed in the Housing zone district and this would expedite the process.
I would encourage the Town Council to approve the ordinance recommended by the PEC. If
in implementation you find there is an adjustment that needs to be made, you can make the
adjustment in the future. Several property owners are ready to move forward with planning
and development now as they are waiting for this lengthy process to be completed.
We are a little troubled that this ordinance and zoning effort is again being delayed to August.
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Thank you for the opportunity to participate.
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
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From:MATT LIMBAUGH
To:PublicInputTownCouncil
Subject:Harassment of town guest
Date:Sunday, July 16, 2023 2:27:11 PM
Matt Limbaugh
Chef/ Owner Root and Flower
Limbaugh156@gmail.com
7/16/23
Vail Town Council
Subject: Complaint Regarding Salesmen Harassing Town Guests and customers in food establishments
Dear Town Council Members,
I hope this letter finds you in good health and high spirits. I am writing to bring to your attention a recurring issue
that has been negatively impacting the experience of residents and visitors in our town. The purpose of this
correspondence is to express my concerns about the persistent harassment faced by individuals while enjoying their
strolls through town and while eating meals in food establishments due to aggressive salespeople.
While our town prides itself on its warm and welcoming atmosphere, the presence of overzealous salesmen has
become an increasingly distressing concern. These individuals often heckle town guests walking by, intrude upon
the privacy of patrons, disturb their time while at our establishment and create an uncomfortable environment. Not
only does this disturb the peaceful ambiance of these establishments, but it also interferes with the overall dining
experience.
Allow me to highlight a few instances I have personally witnessed, as well as accounts shared by other concerned
community members. Salesmen have been known pressure town guests to be “tricked“ into entering their store and
pressuring them into purchasing their products. Such behavior is not only intrusive but also disrespectful business
practice. Our patrons enjoying their meals and cocktails on our patio are no exception.
It is essential to recognize that food establishments serve as gathering places for friends, families, and colleagues to
share moments of relaxation and enjoyment. However, the persistent presence of these salesmen often causes
anxiety and frustration among customers who simply wish to dine in peace.
In order to address this issue effectively, I kindly request the Town Council to consider implementing measures to
regulate the activities of overzealous salespeople in vail village. Some potential steps to address this concern could
include:
1. Developing clear guidelines or codes of conduct for salesmen, outlining acceptable practices and behavior within
Vail village.
2. Collaborating with local businesses to establish designated areas where salesmen can approach potential
customers without disrupting patrons and guests walking by.
3. Increasing code enforcement or assigning dedicated officers to monitor the behavior of salesmen and enforce
regulations within vail village.
4. Conducting awareness campaigns to educate both salesmen and members of the public about appropriate conduct
and the importance of maintaining a peaceful environment in vail village and around food establishments.
By taking these proactive measures, we can ensure that our town's reputation as a welcoming and pleasant
community is upheld, while also safeguarding the comfort and satisfaction of residents and visitors.
I trust that the Town Council will give due consideration to this pressing matter and take prompt action to address
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the concerns raised. Thank you for your attention to this issue, and I look forward to a positive resolution that will
benefit our community as a whole.
Yours sincerely,
Matt Limbaugh
Mattyboombalatty's iphone
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:June 6, 2023 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
060623 TC Meeting Minutes.doc
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Town Council Meeting Minutes of June 6, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, June 6, 2023
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:Travis Coggin, Mayor Pro Tem
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Members absent:Kim Langmaid, Mayor
Staff members present:Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Robyn Smith, a west Vail resident, suggested a contest to help with the Dismount Zones in Vail
Village.
Rick Sackbauer, a Vail resident, thanked the Town of Vail Public Works Department for getting
the pickleball court up and running so quickly after the ski season and reminded Council of a
case that included recreational uses as a legitimate use of water rights.
Bob Armour, a Vail resident, asked for an evening meeting agenda regarding lithium battery
safety.
Jack Bergey, a Vail resident, thanked Council for their efforts on the West Vail Master Plan.
Kathryn Middleton, a Vail resident, welcomed the St. Anton delegation to Vail.
2. Any action as a result of executive session
There was none.
3. Recognition
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Town Council Meeting Minutes of June 6, 2023 Page 2
3.1 Resolution No. 21, Series 2023 Adopting the Peer Resort Exchange Agreement and
Memorandum of Understanding Between the Town of Vail, Colorado, and St. Anton Am
Arlberg, Austria
Presenter(s): Presenter(s): Travis Coggin, Mayor Pro Tem
Adopt Resolution No. 21, Series 2023 and Memorandum of Understanding with St. Anton am
Arlberg.
Background: Following the trip taken by a Vail delegation in March 2022 to Switzerland and
Austria, the Town resolved to form a peer resort relationship with St. Anton am Arlberg. This
resolution memorializes the peer resort exchange agreement with St. Anton am Arlberg at the
time of their visit to Vail.
Council members took turns reading the Resolution into the record.
4. Proclamations
4.1 Proclamation No. 7, Series of 2023, Recognizing National Pollinators Month and the
Educational Efforts of the Betty Ford Alpine Gardens
Presenter(s): Travis Coggin, Mayor Pro Tem
Background: June 19th-25th, 2023 is National Pollinator Week. This is an annual event
celebrated internationally in support of pollinator health.
Council members took turns reading proclamation into record.
4.2 Proclamation No. 8, Series of 2023, Recognizing the Month of June, 2023 as Lesbian,
Gay, Bisexual, Transgender, and Queer (LGBTQ+) "Pride Month"
Presenter(s): Travis Coggin, Mayor Pro Tem
Background: Celebrating Pride Month influences awareness and provides support and
advocacy for Vail and Eagle County’s LGBTQIA+ community and is an opportunity to take
action and engage in dialogue to strengthen alliances, build acceptance and advance equal
rights.
Council members took turns reading proclamation into record.
5. Appointments for Boards and Commissions
5.1 Vail Local Licensing Authority (VLLA) Appointments
Presenter(s): Travis Coggin, Mayor Pro Tem
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Town Council Meeting Minutes of June 6, 2023 Page 3
Foley made a motion to reappoint Bryce Bastolich and Bob McKown to serve on the Local
Licensing Authority for a two-year term ending May 31, 2025; Mason seconded, motion passed
(6-0).
6 Consent Agenda
6.1 Resolution No. 22, Series of 2023, A Resolution Approving an Amended Operating
Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2023
through December 31, 2023
Approve, approve with amendments, or deny Resolution No. 21, Series of 2023.
Background: Please see attached memo.
Foley made a motion to approve, Staufer seconded motion passed (6-0).
6.2 Resolution No. 24, Series of 2023, A Resolution of the Vail Town Council Approving
Contract Amendment Number One between the Town of Vail and the Colorado
Department of Human Services Behavioral Health Administration
Approve, approve with amendments, or deny Resolution No. 24, Series of 2023.
Background: Please see attached memo.
Davis made a motion to approve; Foley seconded motion passed (6-0).
6.3 Contract Award to Rocky Mountain Custom Landscape for 2023 Turf Grass Reduction
Project
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Rocky Mountain Custom Landscape for the 2023 Turf Grass Reduction Project,
not to exceed $180,244.82.
Background: The 2023 Turf Grass Reduction Project is a continuation of the Town’s on-going
efforts to reduce the amount of non-functional irrigated turf grass. The 2023 project converts
over 14,000 square feet, 1/3 acre, of irrigated turf grass to native grass, perennial flowers and
shrub plantings. The locations for the 2023 project include the Sandstone Underpass area, Main
Vail Roundabout east bound I-70 cutoff, and the north side of the Village Transportation Center.
Mason made a motion to approve; Staufer seconded motion passed (6-0).
6.4 Letter of Support for the USDA Composting and Food Waste Reduction (CFWR) Pilot
Program Grant Application for the Avon-Vail Commercial Composting Pilot Program
Approve, approve with amendments, or deny the letter of support.
Background: The Town of Avon and Town of Vail aim to jointly secure up to $400,000 in USDA
grant funding to launch a two-year regional commercial composting pilot program that aims to
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Town Council Meeting Minutes of June 6, 2023 Page 4
divert organic waste from local restaurants, generate high-quality compost, reduce greenhouse
gas emissions, promote an environmentally sustainable regional economy, and contribute to the
Eagle County’s Climate Action Plan goal of diverting 80% of organic materials currently sent to
landfills by 2030.
Staufer made a motion to approve; Davis seconded motion passed 6-0).
7. Town Manager Report
7.1 Town Manager Report
Forrest gave an update on Dobson Ice Arena and explained the new roof and building would be
quite expensive and staff would be asking Populus to look into a plan to work within the current
budget and available resources.
Forrest asked for Council’s permission to issue an RFP to find a solution to the current parking
software issues regarding parking sales.
Forrest also explained there was on going discussions with the Town of Avon, Eagle County
and other State entities regarding housing opportunities, specifically creating a regional strategic
plan.
7.2 Council Matters and Status Report
Coggin stated the community picnics would be on July 11, 2023 at Bighorn Park, August 8,
2023 at Donovan Pavilion and the Vail Social will be on September 12, 2023.
8. Action Items
8.1 Ordinance No. 12, Series of 2023, First Reading, An Ordinance Making Budget
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Housing Fund, Dispatch Services Fund, and Residences at Main Vail
Fund of the 2023 Budget for the Town of Vail, Colorado; and Authorizing the Said
Adjustments as set fort herein; and Setting forth Details in regard thereto.
Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager and Carlie Smith, Director of
Finance
Approve, approve with amendments, or deny Ordinance No. 12, Series 2023.
Background: Please see memo.
Jakubiec gave an updated revenue projection across major sources. He explained during the
2023 budget process Council supported a conservative approach to revenue projections due to
uncertainty within the economy and an expectation that there would be a normalization in
visitation after record visitation in 2021 and 2022. Key points that were made:
Through April, general 4% sales tax collections totaled $20,182,273, a $1,132,208 or 6%
increase compared to 2022 actuals and tracking 40% ahead of budget.
Proposed to increase budgeted sales tax collections by a total of $6,085,000 with 62%,
or $3,772,700 going to the General Fund and 38% or $2,312,300 to the Capital Projects
Fund.
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Town Council Meeting Minutes of June 6, 2023 Page 5
The proposed amended budget for the 4.0% sales tax budget totals $40,085,000 million,
down 1.7% from 2022 actual collections.
Proposed budget increases to several other of the Town’s major revenue sources
including lift tax and parking sales.
Lift Tax was proposed to increase by $339,044 which would increase the total amended
budget to $6,234,550, a $239,068, or 4% decrease from 2022.
o The adjusted forecast was based on year-to-date collections with the remainder
of the year projected down 10%.
Reflected an increase in parking sales which included a $513,737 increase in daily
parking sales and a $407,536 increase in parking pass sales.
o Projection was year to date actual collections with the remainder of the year
down 10%.
Jakubiec gave a high-level explanation of the major increases to the budget, which included:
General Fund
Proposed to increase by approximately $538,000 with a $90,000 reimbursement
o $250,000 placeholder to pursue next steps for Civic Area Plan
o $85,000 for two housing site feasibility studies, one at Middle Creek and the
other in East Vail
Adjustments result in an ending fund balance of $53.8M
Capital Projects Fund
Proposed to increase by approximately $461,000
o $150,000 increase for roundabout lighting project potential contingencies
Adjustments result in an ending fund balance of $16.1M
Housing Fund
Proposed to increase by approximately $5M
o Two placeholders for potential CDOT parcel purchases, one at Timber Ridge and
one at Middle Creek.
Marketing Fund
Transfer of $60,000 from the Signature Events budget to Town Produced Eventsbudget for Vail
America Days.
o Event budget increased to $140,000 with no net impact.
Staufer wanted to make sure the Town stayed conservative for the remainder of the year.
Public comment was called. There was none.
Davis made a motion to approve; Foley seconded motion passed (6-0).
9. Public Hearings
9.1 A Rehearing of an Appeal, Pursuant to Section 12-3-3 of the Vail Town Code, in Case
# DRB22-0035, a Residential Project Located at 3070 Booth Creek Drive, Vail Village
Filing No. 11, Block 3, Lot 7, and Setting Forth Details in Regards Thereto. (TC22-0002).
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Town Council Meeting Minutes of June 6, 2023 Page 6
Appellant: Reggie D. Delponte Residence Trust No. 1 and Reggie D. Delponte Residence
Trust No. 2 - Resolution No. 23, Series of 2023, Making Findings on the Appeal of DRB22-
0035, Concerning a Residential Project Located at 3070 Booth Creek Drive, Vail,
Colorado, and Upholding the Decision of the Design Review Board, Without Conditions
of Approval
Presenter(s): Matt Mire, Town Attorney
Action Requested: Approve Resolution No. 23, Series 2023
Background: The applicant requested Design Review Board approval of an addition to the
residence on the applicant’s property. On March 2, 2022, the DRB approved the application with
one condition of approval, that the applicant shall remove all encroachments on the adjacent
Town owned stream tract. On March 7, 2022, the applicant filed an appeal to the Town Council
of the DRB's condition of approval. On May 3, 2022, the Town Council heard the appeal, and
on May 17, 2022, the Town Council upheld the DRB's decision, but slightly modified the
condition. The applicant appealed the Town Council's decision to the Eagle County District
Court, and the District Court remanded the case to the Town Council with direction to remove all
conditions concerning the applicant’s requirement to remove encroachments form Town
property.
Mire gave a brief recap regarding the application and explained the District Court Judge did not
see sufficient evidence in the record to support the findings Council made about the harm the
private improvements were causing to the stream and remanded the Vail Town Council remove
all conditions concerning the applicants’ requirements to remove encroachments from Town
property.
Mire stated Council must approve the proposed resolution.
Public comment was called.
Amanda Bradley, an attorney for Delponte, clarified the court made the ruling in addition to there
being no evidence concerning the improvements, there was a specific ruling that there was no
evidentiary support that the use of Tract C was related to the application so materials in the
record and findings in the proposed Resolution 23, Series of 2023 were unrelated to the
application at hand.
Davis made a motion to approve; Mason seconded motion passed (6-0).
9.2 Ordinance No. 11, Series 2023, Second Reading, An Ordinance of the Town Council
Amending Section 1-5-11(A)(1) of the Vail Town Code Regarding Meetings of the Town
Council
Presenter(s): Matt Mire, Town Attorney
Approve, approve with amendments, or deny Ordinance No. 11, Series 2023 upon second
reading.
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Town Council Meeting Minutes of June 6, 2023 Page 7
Background: The Town wishes to update the Town Code regarding the meetings of the Town
Council.
Mire explained there were no changes from first reading and the Ordinance would clean up the
language in the Town Code regarding public meetings.
Staufer made a motion to approve; Davis seconded motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded motion passed (6-0), meet adjourned at 6:54 p.m.
Respectfully Submitted,
Attest:__________________________________
Kim Langmaid, Mayor
______________________________
Stephanie Bibbens, Town Clerk
19
AGENDA ITEM NO. 3.2
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:June 20, 2023 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
062023 TC Meeting Minutes.doc
20
Town Council Meeting Minutes of June 20, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, June 20, 2023
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
Caitlin Murray, Executive Director of BRAVO! Vail gave an overview of their programing for the
summer and thanked the Town of Vail for their support.
Jack Bergey, a Vail resident, spoke to the good work he felt the Planning and Environmental
Commission had done with the West Vail Master Plan and asked Council not to start the
process over.
2. Any action as a result of executive session
There was none.
3. DRB/PEC
3.1 DRB/PEC Update
Greg Roy, Senior Planner explained there wasn’t an update for PEC because there weren’t any
items to discuss at that time and the meeting had been canceled. Roy explained there would be
items for the PEC to discuss in July.
4. Matters from Mayor, Council and Committee Reports
Davis explained there wasn’t an RTA updated, the North Trail would open on June 21, 2023 and
was happy with how well the GoPRO Mountain Games and St. Anton visit went.
21
Town Council Meeting Minutes of June 20, 2023 Page 2
Mason reminded everyone about the upcoming fourth of July parade and for the community to
check out the Betty Ford Alpine Garden. Mason also asked for Council to consider making a
more permanent memorial to honor Mikaela Shiffrin in the town.
Coggin noted a letter in the Vail Daily regarding the PARC Act, which would allow
permanent rock-climbing fixtures in wilderness areas, and asked the Environmental
Sustainability Department to look into the act, explaining that it could be a concern. Coggin
also explained the Vail Police Department was working on enforcement with the Dismount
Zones in the villages and to also for the community to be aware of the PRIMAVail and
summer concert schedules are out.
Seibert thanked staff for their role in the St. Anton visit.
Staufer reminded the community that the Citizens for Climate Action was in town and paid his
respects to the Scheidegger and Bailey families.
Foley explained he was looking forward to the Dobson Ice Arena discussion that would be
scheduled for the July 18, 2023 Town Council meeting, thanked staff involved with the snowmelt
repairs in Lionshead and Donovan Pavilion staff for putting on the fourth of July celebration,
reminded community that the Vail Golf Course would be open on the second or third of July and
asked for more information regarding how much money the Town sends west and would like to
see more money come back to the east. He would like to see Eagle County do more for the
residents in Vail.
Langmaid also thanked staff for their efforts with the St. Anton visit as well as the GoPro
Games. She also reiterated the message on bear awareness and asked if there was support
for looking into what other jurisdictions were doing regarding the sale of furs.
4. Consent Agenda
4.1 May 2, 2023 TC Meeting Minutes
Foley made a motion to approve, Staufer seconded motion passed (6-0, Seibert abstained
because he was absent that meeting).
4.2 May 16, 2023 TC Meeting Minutes
Coggin made a motion to approve; Mason seconded motion passed (7-0).
4.3 Resolution No. 25, Series of 2023, A Resolution of the Vail Town Council Approving a
Lease Agreement between the Town of Vail and the Colorado Department of
Transportation ("CDOT") to Allow for Public Parking on I-70 Frontage Roads in the Town
of Vail
Approve, approve with amendments or deny Resolution No. 25, Series of 2023.
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Town Council Meeting Minutes of June 20, 2023 Page 3
Background: CDOT currently leases to the Town certain sections of the I-70 frontage roads
within the Town for use as public parking and for general peak period public overflow parking at
times the Town’s off-street parking facilities are anticipated to or have reached full capacity. The
Town and CDOT wish to renew said lease through May 31, 2026.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
4.4 Contract Award to Chevo Studios for the Gramshammer Memorial at Children's
Fountain
Direct the Town Manger to enter into a design and fabrication contract with Chevo Studios in the
amount of $68,921.00 for the Gramshammer memorial at Children’s Fountain
Background: The purpose of this item is to request the Town Council to award a design and
fabrication contract to Chevo Studios in the amount of $68,921.00 for the design and fabrication
of the stone tribute to Pepi Gramshammer.
Coggin made a motion to approve; Staufer seconded motion passed (6-1 Foley opposed).
Foley stated he would want the memorial to be on the corner of Bridge Street and Gore Creek
Drive, not at the Children’s Fountain.
4.5 Contract Award to Hallmark Inc for Vail Bridge Safety Improvements
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Hallmark Inc. for the Vail Bridge Safety Improvements Project, not to exceed
$998,176.00.
Background: The project will repair and bring up to current standards the bridge/approach rails
on Bighorn Rd over Bighorn Creek, Bighorn Rd over Pitkin Creek, Lupine Dr over Gore Creek
and Nugget Lane over Gore Creek as well as scour mitigation and corrosion remediation at the
Nugget Lane structure. The 2023 budget for this project is $1,400,000.00. The project is
scheduled to be completed by November 15, 2023.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
4.6 Contract to Harry Teague Architects for the Art in Public Places Artist in Residence
Design
Authorize the Town Manager to enter into a contract, approved by the Town Attorney, with
Harry Teague Architects for the Art in Public Places Artist in Residence Design Project, in the
amount of, and not to exceed $132,000.
Background: Request approval to authorize the Town Manager to enter into a contract with
Harry Teague Architects to provide full design services for Art in Public Places Artist in
Residence project. These services include Design Development Documents, including obtaining
Design Review Approval, Construction Documents, Building Permit review, Bidding and
Construction Administration for the AIPP Artist in Residence project in Ford Park.
23
Town Council Meeting Minutes of June 20, 2023 Page 4
Coggin made a motion to approve; Staufer seconded motion passed (7-0).
5. Town Manager Report
5.1 Town Manager Report
Forrest explained the next steps after a highly successful visit with the Town’s sister city St.
Anton, which included a possible student and employee exchange as well as a possible visit to
St. Anton next summer.
Forrest addressed the concerns regarding the Dismount Zone in Vail Village and explained
there would be targeted enforcement by Vail Police Department.
Forrest also mentioned Code Enforcement would be monitoring neighborhoods and trash
receptacles to help reduce bear activity.
5.2 Council Matters and Status Report
Halloran explained the Town has leased out 41 out of the 72 Resident at Main Vail units and
would be opening the remaining units to the public in the next couple of weeks.
6. Action Items
6.1 Resolution No. 14, Series of 2023, A Resolution Adopting Vail's Stewardship
Roadmap
Presenter(s): Mia Vlaar, Director of Economic Development and Kristen Bertuglia, Director of
Environmental Sustainability
Approve, approve with amendments, or deny Resolution No. 14, Series 2023.
Background: Early in 2022, the town embarked on an innovative path to guide how it manages
an economy founded 60 years ago almost entirely on tourism. With town revenues continuing to
achieve new heights following pandemic-related economic challenges and with occupancy rates
now softening since last summer, the town is re-examining how tourism can generate additional
value for the community.
Vlaar explained the final roadmap had been built out in a graphical style to better communicate
the goals and benefits of the plan for town council, town staff, community stakeholders, and
the public. This was done to bring balance between the Town’s tourism economy and the
Town’s community environment.
Vlaar highlighted the different actions that were under way, which included:
Making Vail livable
o Housing initiatives such as Residences at Main Vail and Timber Ridge
Redevelopment
Snowmelt System
o Using Geothermal Energy
Brand Development
Environmental Sustainability
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Town Council Meeting Minutes of June 20, 2023 Page 5
o Geolocation data
Dobson/Civic Area Plan
Bertuglia reported on the wildlife initiative, explaining the Town was working with CDOT on
wildlife crossing and the Town continued to work with the Community Wildlife Roundtable.
Vlaar spoke to the Town working with the Town’s partners to better understand the Town’s
different capacities at different times of the year, on the mountain, in the towns and water
usage.
Vlaar reminded Council that all the underlying documentation to the roadmap was available on
Engage Vail.
Council members thanked everyone that was involved with the project for the time and effort it
took to make the roadmap a solid working document.
Public comment was called, there was none.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
7. Public Hearings
7.1 Ordinance No. 12, Series of 2023, Second Reading, An Ordinance Making Budget
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Housing Fund, Heavy Equipment Fund, Dispatch Services Fund, and
Residences at Main Vail Fund of the 2023 Budget for the Town of Vail, Colorado; and
Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Detail in Regard
Thereto
Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager and Carlie Smith, Director of
Finance
Approve, approve with amendment, or deny Ordinance No. 12, Series of 2023 upon second
reading.
Background: Please see attached memo.
Jakubiec explained since the first reading there were a few minor changes. Those changes
were:
General Fund
Requested increase of $75,000 for high visibility DUI enforcement
$25,000 placeholder for housing need study collaboration with other Eagle County
Organizations
Other increases included housing expenditures for newly acquired employee housing
units as well as revenue increases for those units
RETT Fund
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Town Council Meeting Minutes of June 20, 2023 Page 6
Pepi Gramshammer Memorial
$4M placeholder for Dobson Remodel next steps.
o Funds would not be spent without approval from Council.
Public comment was called, there was none.
Foley made a motion to approve, Coggin seconded motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Seibert seconded motion passed (7-0), meet adjourned at 6:42 p.m.
Respectfully Submitted,
Attest:__________________________________
Kim Langmaid, Mayor
______________________________
Stephanie Bibbens, Town Clerk
26
AGENDA ITEM NO. 3.3
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 26, Series of 2023, a Resolution Approving an
Intergovernmental Agreement between the Town of Vail and the
Eagle County Clerk and Recorder Concerning a Coordinated
Election on November 7, 2023.
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 26,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2023-26 coordinated election IGA.docx
2023 Coordinated Election IGA FINAL DRAFT.pdf
27
Resolution No. 26 Series of 2023
County 2023 General Election IGA
Page 1
RESOLUTION NO. 26
Series of 2023
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND THE EAGLE COUNTY CLERK AND RECORDER
CONCERNING A COORDINATED ELECTION ON NOVEMBER 7, 2023
WHEREAS,the Town will be conducting a regular municipal election November 7,
2023;and
WHEREAS,the Town and the Eagle County Clerk and Recorder wish to enter into
an agreement in the form set forth in the attached Exhibit A, made a part hereof and
incorporated herein by this reference (the “IGA”), for the purpose of conducting a
coordinated election.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A,and in a form approved by the Town Attorney,and
authorizes the Town Manager to execute the IGA 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 18th day of July 2023.
Kim Langmaid,Town Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
28
Eagle County 2023 Coordinated Election IGA Page 1
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
______________________
Concerning the Tuesday, November 7, 2023 Coordinated Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder (the “Clerk”) and
____________________________________ concerning the Tuesday, November 7, 2023 Coordinated
Election is made on _______________________.
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for
the Coordinated Election, and in accordance with state law, will conduct the Coordinated Election on
behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County;
and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
Coordinated Election to enter into an agreement with the Clerk concerning the conduct of the
Coordinated Election, to be signed no later than seventy (70) days prior to the scheduled election; and
WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate
race(s) at the Coordinated Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the Coordinated Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A.Except as otherwise provided in this section, the Clerk shall act as the Coordinated Election
Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform
Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”) which require
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Eagle County 2023 Coordinated Election IGA Page 2
action by the Coordinated Election Official.
B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the
primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be
deemed or construed to relieve the Clerk or the governing body of the Political Subdivision
from their official responsibilities for the conduct of the Election.
C. Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries
of Eagle County.
D. Clerk’s Contact Officer
The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the
Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election.
The Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election
Code, the Election Rules (“Election Rules”) promulgated by the Colorado Secretary of State, as may be
amended from time to time; and any then-current policy directives of the Colorado Secretary of State,
if applicable.
A. Preparation for Election
1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix
B), listing all residential street addresses situated within the Political Subdivision’s
boundaries, as currently configured in Colorado’s statewide voter registration database
(“SCORE”).
2. The Clerk shall manage all voter registration records and correspondence.
3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to
conduct the Election.
4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation,
and provide election judge training in advance of the Election.
5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes, and other printed
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Eagle County 2023 Coordinated Election IGA Page 3
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the
Eagle Valley Enterprise, the Vail Daily, and the Aspen Times Weekly, no later than twenty
(20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County’s voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County’s voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of vote centers and 24-hour
ballot boxes. All voting locations will be reasonably accessible to voters with disabilities.
2. The Clerk shall adhere to security requirements pursuant to Election Rule 20, including the
security of physical ballots and video surveillance.
3. The Clerk shall provide for the processing of all mail ballots and for the verification of
electors’ signatures on the self-affirmation printed on the mail ballot return envelopes and
UOCAVA ballot return affidavits.
4. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted
mail and electronic transmitted ballots from military and overseas voters in substantial
compliance with the deadlines and delivery methods mandated by applicable provisions of
federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act,
all as amended.
5. The Clerk shall conduct the required post-election risk limiting audit.
6. The Clerk shall conduct any mandatory or permissive recount.
7. The Clerk shall appoint canvass board and risk limiting audit board members, oversee the
conduct of the canvass and risk limiting audit, and certify official results of the Election.
8. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
9. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
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Eagle County 2023 Coordinated Election IGA Page 4
10. The Clerk shall be the final decision maker on any substantive and procedural issues
regarding the conduct of the Election.
C. Ballot Issue Notice (“TABOR Notice”)
1. The Clerk shall prepare and mail a combined TABOR Notice in substantial compliance with
Article X, Section 20 of the Colorado Constitution (“TABOR Amendment”) and applicable
provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall
be in the order the ballot issues will appear on the ballot.
2. The Clerk shall mail the TABOR Notice not less than thirty (30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk
shall determine the least cost method for mailing the ballot issue notice, but at a minimum,
the ballot issue notice shall be addressed and mailed to eligible voters at each address in
Eagle County where one or more registered voters of the Political Subdivision and of any
other participating entity resides. Nothing herein shall preclude the Clerk from mailing the
TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises
from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at
the least cost.
III. Political Subdivision Responsibilities
A. Contact Liaison
1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a
liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be
responsible for the final approval of ballot content and TABOR Notice content. To meet
statutory and printing deadlines, the DEO shall respond to all Election-related written
correspondence, electronic correspondence, phone calls, text messages, or any other
communication from the Clerk/Contact Officer as soon as possible and no later than four
(4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot
respond within four (4) hours, an alternative official may respond on the DEO’s behalf.
Failure to respond to correspondence within four (4) hours shall constitute approval
allowing the Clerk to move forward.
2. DESIGNATED ELECTION OFFICIAL
The Political Subdivision has designated________________________________________
whose mailing address is _____________________________________________________
and whose phone number is___________________________________________________
and whose cell phone number is _______________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its DEO for the purpose of the Election.
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Eagle County 2023 Coordinated Election IGA Page 5
3. ALTERNATIVE OFFICIAL
The Political Subdivision has designated________________________________________
whose mailing address is _____________________________________________________
and whose phone number is___________________________________________________
and whose cell phone number is _______________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its alternative official for the purpose of the Election.
B. Certification of Address Ranges
1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address
ranges and street names actually situated in the Political Subdivision are accurately and
completely stated in the Address Library Report attached hereto as Appendix B.
2. In connection with such Address Library Report verification and certification, the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the Address Library Report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the Address Library Report.
3. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C)
and accuracy of the Address Library Report, with notations regarding inaccuracies and
omissions by seventy (70) days before the election, no later than 3:00 p.m. Mountain
Standard Time on Tuesday August 29, 2023. Address changes will not be allowed after this
date. If the certification is not provided by the date specified herein, the Political
Subdivision may not be allowed participate in the Election or the Clerk may build the
election on the assumption that the Address Library Report attached hereto as Appendix B
is both complete and accurate, as the Clerk in her discretion may decide.
C. Ballot Content
1. Definitions of Ballot Issue and Ballot Question:
a. TABOR “ballot issue” means a state or local government matter arising under the TABOR
Amendment
b. “Ballot question” means a state or local government matter involving a citizen petition
or referred measure, other than a ballot issue.
2. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
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Eagle County 2023 Coordinated Election IGA Page 6
3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues, and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203 C.R.S:
a. The Political Subdivision shall not certify any single ballot issue or ballot question in
excess of two hundred and fifty (250) words in English (inclusive of the title) unless the
Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot
issues or ballot questions that will involve coordination with other counties beyond
Eagle County, the Political Subdivision will adhere to any smaller word limit that may be
required by other county clerk and recorders.
b. The Political Subdivision shall not certify any single ballot issue or ballot question title in
excess of ten (10) words in English unless the Clerk provides written consent in advance.
Notwithstanding the foregoing, for ballot issue or ballot question titles that will involve
coordination with other counties beyond Eagle County, the Political Subdivision will
adhere to any smaller word limit that may be required by other county clerk and
recorders.
c. Such certified ballot content and the signed resolution which authorizes the ballot
content shall be delivered to the Clerk as an email attachment in Word format (see
section C.3.h or full required formatting of ballot and TABOR content), at the earliest
possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday,
September 8, 2023 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended.
d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S.
shall be solely responsible for the accuracy of the information contained in the
certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be
corrected at the expense of the Political Subdivision whose DEO issued and/or approved
the incorrect certification. Such costs include but are not limited to staff time to
reprogram election content, additional required logic and accuracy testing, reprinting of
ballot and ballot materials, and staff time required to make corrections.
e. All ballot content certified by the Political Subdivision shall utilize the exact language
and order as such ballot content is to appear on the printed official and sample ballots
for the Election. The list of candidates/questions must be typed exactly as it is to appear
on the ballot, including correct order, title, spelling, spacing, and punctuation.
i. For candidates, specify exact titles of offices, the order of the names to appear
for each office, and the order of offices.
ii. For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk
determines specific numbering on the ballot).
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Eagle County 2023 Coordinated Election IGA Page 7
iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be
typed in all uppercase as is dictated by law (i.e. TABOR Amendment).
iv. If the Political Subdivision has a non-TABOR question on the ballot, the question
must be typed in mixed case.
v. Bullet points may be used, but sub-bullet points may not be used; spacing is at
the discretion of the Clerk to accommodate proper ballot layout.
vi. Ballot Issues or Questions vote choice must be formatted as follows:
_____YES/FOR _____NO/AGAINST
It is at the discretion of the Clerk to change the formatting on the ballot to match this
formatting if it is not certified in this required format or if the formatting results in the
ballot increasing in length, multiple sides, or multiple pages. The Clerk also has
discretion to make non-substantive formatting changes, including but not limited to
font, font size, and font case, in order to create consistency across ballot contests and
measures.
f. The Political Subdivision has the responsibility to proofread and edit the text of the
ballot proof before the Clerk will authorize printing of the ballots. From the time the
Clerk delivers via email the ballot proof, the Political Subdivision has four (4) hours to
proofread, correct if necessary, sign, and return the proof to the Clerk. The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the ballot proof. After final approval of the ballot proof, the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to
any errors within the text of its issue, question, or contest on the printed ballots.
g. The Political Subdivision authorizes the Clerk to correct typographical errors and
omissions and determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting requirements:
i. Software: Microsoft Word '03 or later (not as a PDF)
ii. Spacing: Single
iii. Font Type: Arial Narrow
iv. Font Size: 10 point
v. Justification: Left
vi. All Margins: 0.5 inches
vii. Language: English
viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements may be rejected by the Clerk.
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Eagle County 2023 Coordinated Election IGA Page 8
i. Spanish language translation of the ballot content must be submitted by the Political
Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 8,
2023. Spanish language translations must be linguistically accurate, culturally
appropriate, and technically consistent with the original documents.
j. The Political Subdivision must provide an audio recording of each candidate’s name. The
DEO or candidate may leave an audio recording of the candidate’s name, exactly as
certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer
(970-328-8726). This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 8, 2023 by 3:00 p.m. Mountain Standard Time
(Appendix A).
D. Ballot Issue Notice (“TABOR Notice”)
1. The Political Subdivision shall receive, store, and prepare TABOR Notice content according
to the provisions set forth in the TABOR Amendment and 1-7-901, 1-7-902, 1-7-903, 1-7-
904, and 1-7-908 C.R.S.
2. The Political Subdivision shall transmit via email the full text of any required TABOR Notice
information, fiscal information, and pro/con statement summaries to the Clerk in order to
be included in the TABOR Notice mailings no later than forty-three (43) days, Monday,
September 25, 2023 by 3:00 p.m. Mountain Standard Time (Appendix A) before the
Election, in final written form in accordance with the formatting requirements for ballot
certification (see formatting requirements listed in section C.3.h). Submissions not meeting
these requirements will be rejected by the Clerk.
3. The Clerk will coordinate Spanish translation of all TABOR Notice content if the Political
Subdivision provides advanced notice by Friday, September 8, 2023 to the Clerk or Contact
Officer that the Political Subdivision would like to engage with this service (and be invoiced
for the Political Subdivision’s portion of the translation cost). If the Political Subdivision
does not choose to coordinate with the Clerk, the Spanish translation of TABOR Notice
content is required Monday, September 25, 2023 by 3:00 p.m. Mountain Standard Time.
Spanish language translations must be linguistically accurate, culturally appropriate, and
technically consistent with the original documents.
4. The Political Subdivision shall incorporate in its TABOR Notice content a local office address
and telephone number specific to the Political Subdivision or the Political Subdivision DEO
to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all
correspondence and inquiries that the Clerk receives within its expertise relating to election
procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues,
ballot questions, candidates, or the operations of the Political Subdivision to the Political
Subdivision’s DEO.
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Eagle County 2023 Coordinated Election IGA Page 9
5. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR
Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time
the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4)
hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The
Political Subdivision’s failure to disapprove and correct errors within that time shall
constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice
proof, the Political Subdivision assumes all responsibility and cost for any judicial
proceedings related to any errors within the text of their issue or information presented on
the TABOR Notice.
E. Cancellation of Election
1. In the event that the Political Subdivision resolves not to hold the Election, notice of such
cancellation shall be provided to the Clerk immediately. The Political Subdivision shall not
cancel its participation in the Election after the twenty-fifth (25) day before the election,
Friday, October 13, 2023 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended.
2. The Political Subdivision shall provide notice by publication of the timely cancellation of the
Election and a copy of the notice shall be posted in the office of the Clerk, in the office of
the Designated Election Official, in the primary building of the Political Subdivision, and, if
the Political Subdivision is a special district, in the office of the division of local government.
The Political Subdivision is solely responsible for delivering such postings to each entity.
3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the
date that notice was received by the Clerk together with all expenses incurred thereafter
which could not be avoided by reasonable effort. All costs incurred or contracted for by the
Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed
by the Political Subdivision.
4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full
actual costs of the activities of the Clerk relating to the Election incurred both before and
after the Clerk’s receipt of such notice.
F. Other Responsibilities
1. The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing the services noted above to the Clerk.
2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic
and accuracy testing, post-election canvass, and risk limiting audit as requested by the
Clerk.
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Eagle County 2023 Coordinated Election IGA Page 10
3. The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non-resident
property owners may be eligible to vote as set forth in Appendix D.
IV. Miscellaneous
A. Costs
1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation of election judges,
overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the
Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision
general estimates of cost but such estimates are not binding. The Political Subdivision is
responsible for the pro rata share of actual costs as determined by the Clerk.
2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, translation, printing, labeling,
postage, and mailing for the TABOR Notice. Said expenses shall be prorated among all
Political Subdivisions participating in the TABOR Notice.
3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct
costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to
remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely
perform any of its obligations under this Agreement, without regard to whether the Political
Subdivision rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues, or ballot questions certified by the Political Subdivision,
the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred
by the Clerk to conduct or participate in any such recount or ballot contest. If more than
one political subdivision participating in the Election is involved in any such recount or
election contest, the costs thereof shall be prorated between the Political Subdivision and
such other participating entities.
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Eagle County 2023 Coordinated Election IGA Page 11
5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings
regarding whether or not the political subdivision measures or candidates legally belong on
the ballot and any other challenges, both pre- and post-election.
6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s
pro rata share of direct and indirect costs incurred in connection with the Political
Subdivision’s participation in the Election within ninety (90) days after the Election
(Appendix A).
7. The minimum charge for coordinating the Election with the Clerk for coordinating entities
with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for
coordinating entities with 301 or more active voters on Election Day shall be $1000.00.
8. In addition, there will be a surcharge for coordination and administration of non-resident,
property owner ballot mailing of $1000.00.
9. The Political Subdivision shall remit all payments due to the County upon receipt of an
itemized statement by February 29, 2024 (Appendix A).
B. Indemnification
To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold
harmless the County, its officers and employees, from any and all losses, costs, demands, or actions
arising out of or related to any actions, errors or omissions of the Political Subdivision in completing
its responsibilities relating to the Election and related tasks.
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction
or control of the County shall use reasonable care in carrying out their obligations under this
Agreement.
D. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are
deemed to have been received and to be effective:
● three days after they have been mailed by certified mail, return receipt requested to the
address as set forth below; or
● immediately upon hand delivery to Regina O’Brien, Clerk; or
● immediately upon receipt of confirmation that a fax or email was received.
To Clerk: Regina O’Brien
Eagle County Clerk and Recorder
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Eagle County 2023 Coordinated Election IGA Page 12
P.O. Box 537
Eagle, CO 81631
Fax: 888-816-1643
Email: regina.obrien@eaglecounty.us
E. Time is of the Essence
Per 1-7-116(2) C.R.S., this Agreement must be signed and returned to Regina O’Brien, Clerk and
Recorder, seventy (70) days before the Election, Tuesday, August 29, 2023 (Appendix A).
The statutory time requirements of the Election Code and Election Rules shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
___________
(Date)
________________________________________
Designated Election Official Date
For _____________________________________
(Political Subdivision)
________________________________________
Regina O’Brien Date
Eagle County Clerk and Recorder
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Eagle County 2023 Coordinated Election IGA Page 13
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for reference.
Dates in red and underlined are key delivery dates of information from you to the Clerk’s office.
Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:
● Friday, July 28, 2023 – 100 days prior - If by 100 days before the election, a Political Subdivision has taken
formal action to participate in an election that will be coordinated by the Clerk, the Political Subdivision shall
notify the Clerk in writing. 1-7-116(5), 1-1-106(5) C.R.S.
● July 24 – 28, 2023 – IGAs will be mailed to participating entities. IGA will include address ranges that need
to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner
ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure
the particular property owner list.
● Tuesday, August 29, 2023 by 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the
election must return signed IGAs to the Clerk. Political Subdivisions must verify and certify that all address
ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or
inaccuracies, and certify to the Clerk (Appendix C). Deadline is 3:00 p.m. Address changes will not be made
after this date. Please submit sooner if possible. 1-7-116(2) C.R.S.
● Friday, September 8, 2023 by 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify
the ballot text in English and Spanish and provide audio recordings of candidate names to the Clerk;
deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S.
● Monday, September 11, 2023 – Last day for Political Subdivisions with property owner ballots to certify the
revised Assessor’s property owner list to the Clerk. Please submit sooner if possible.
● Week of September 18, 2023 – Equipment and Logic and Accuracy Testing
● Monday, September 18, 2023 – Deadline for Political Subdivisions with property owner ballots to certify the
military and overseas (UOCAVA) voter list to the Clerk.
● Friday, September 22, 2023 – Last day to file pro/con comments pertaining to local ballot issues with the
political subdivision DEO (not the Clerk & Recorder) in order to be included in the ballot issue notice. (By
noon the Friday before the 45th day before the election). 1-7-901(4) C.R.S.
● Saturday, September 23, 2023 – 45 days prior – Deadline to send mail ballots to military and overseas
voters (UOCAVA voters). 1-8.3-110(1) C.R.S.
● Monday, September 25, 2023 by 3:00 p.m. MST – 43 days prior - Political Subdivisions shall deliver the full
text of any required TABOR Notice information, fiscal information, and pro/con statement summaries in
English and Spanish to the Clerk in order to be included in the TABOR Notice mailing. 1-7-904 C.R.S.
● Friday, October 6, 2023 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado
Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S.
Appendix A continued on next page
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Eagle County 2023 Coordinated Election IGA Page 14
Appendix A – Continued
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION
● Friday, October 13, 2023 – 25 days prior - Last date for Political Subdivision to cancel election or withdraw
ballot issue or question. 1-5-208(2) C.R.S
● Week of Monday, October 16, 2023 – Ballots may begin to be mailed, except for UOCAVA voters. 1-7.5-
107(3)(a) C.R.S. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail.
● Wednesday, October 18, 2023 – Property Owner Ballot Entities Only - Secure the supplemental Political
Subdivision Property Owner list from the Eagle County Assessor’s Office.
● Friday, October 20, 2023 by 10 a.m. MST - Property Owner Ballot Entities Only - Certify the revised
supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the
County Clerk. Please submit sooner if possible.
● Monday, October 30, 2023 – Avon, Eagle, and El Jebel vote centers open. 1-7.5-107(4.5)(A)(III),(c) C.R.S.
● Monday, October 30, 2023 – 8 days prior - Last day to register to vote to receive a mail ballot. After this
date voters may pick up ballots in person at any vote center. 1-2-201(3)(b)(III) C.R.S.
● Tuesday, November 7, 2023 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the
hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted.
● Wednesday, November 29, 2023 – Deadline to certify election results. Official results will be forwarded to
Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S.
● Monday, February 5, 2024 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of
election as well as any recount costs.
● Thursday, February 29, 2024 – Last day for Political Subdivisions to submit payment for election and recount
costs to the Clerk's office.
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Eagle County 2023 Coordinated Election IGA Page 15
Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION
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Eagle County 2023 Coordinated Election IGA Page 16
Appendix C
STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT
FOR NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION
I, ___________________________________, as Designated Election Official
for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the
Street Locator Report provided to the Political Subdivision has been reviewed, any inaccuracies have been
notated and corrections made, and to the best of my knowledge, I believe it is a true and complete list of the
addresses located within the Political Subdivision.
Designated Election Official Signature Date
for _____________________________________
(Name of Political Subdivision)
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Eagle County 2023 Coordinated Election IGA Page 17
Appendix D
PROPERTY OWNER BALLOTS – TITLE 32
This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under
Title 32) in which property owners and their spouse or civil union partners who are not Eagle County residents
but are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming
oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property
owners.
Overview - Property Owner Ballots
Property owner ballots are special ballots that contain only those ballot contests certified by Political
Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible
to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-
103(5) C.R.S.).
If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in
the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the
contests in which they are eligible to vote in a given election, including the ballot content referred by the
Political Subdivision.
If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is
registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the
contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been
returned by the voter to the Clerk and after the Clerk has verified the voter’s eligibility in the statewide voter
registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath,
the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter
registration system.
Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property
owner ballot.
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Eagle County 2023 Coordinated Election IGA Page 18
Responsibilities of the Coordinating Political Subdivision
Street Locator Report
1. Review the Street Locator Report provided from the Clerk’s office (Appendix B).
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 29, 2023, seventy (70) days
before the election. Please submit sooner if possible. The Political Subdivision is responsible for the
accuracy of this report.
Property Owner and Overseas and Military Voter Lists
1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk.
2. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office.
3. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list.
4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list
to determine if there are any Political Subdivision property owners on the UOCAVA list; identify all
UOCAVA property owners.
5. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format
to the County Clerk by Monday, September 11, 2023. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
6. Certify the list of any UOCAVA property owners to the Clerk by Monday, September 11, 2023, to ensure
timely delivery of Property Owner oath for voter to return in time for statutory delivery of UOCAVA
property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 23, 2023 (1-8.3-
110(1) C.R.S.)).
7. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s
Office no later than Wednesday, October 18, 2023 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 16, 2023 (22 days prior to the election).
8. Certify the revised supplemental Assessor’s list that includes new property owners and new UOCAVA
property owners (i.e. the list should exclude non-human entities and previously identified UOCAVA
voters) in Excel format to the County Clerk by Friday, October 20, 2023 by 10 a.m. MST. Please submit
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Eagle County 2023 Coordinated Election IGA Page 19
sooner if possible. Political Subdivision is responsible for the accuracy of this list.
Responsibilities of the County Clerk and Recorder
1. After receiving the certified property owner list from the Political Subdivision, as well as the
supplemental list, prepare and send the property owner TABOR Notice to the property owner
households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be
combined with other TABOR notices or mailed separately at the discretion of the Clerk.
2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1-
13.5-202, C.R.S and 32-1-103(5), C.R.S.).
3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered
voter in the State of Colorado but is not already registered to vote at an address within the Political
Subdivision.
4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self-
affirmation (32-1-806, C.R.S.).
5. Record each property owner ballot returned and signature verified.
6. Process ballots at central count.
7. Tabulate and certify results. DRAFT
47
AGENDA ITEM NO. 3.4
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Beth Markham, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 27, Series of 2023, A Resolution Approving an
Intergovernmental Agreement with the Town of Avon, Eagle Vail
Metro District and Eagle County Government for distribution of
the CDOT Office of Innovative Mobility Grant for the Shift Bike
Share Expansion to Provide for the Distribution of Funds
Relating to a Certain Transportation Demand Management
Innovation Grant from the Colorado Department of
Transportation to Fun the Shift Bike Electric Bike Share Program
Expansion Project
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 27,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 27_Shift Bike IGA Memo_07182023.docx
Resolution No. 27_Shift Bike IGA_07182023.doc
Shift Bike IGA - 07182023.docx
48
To:Vail Town Council
From:Environmental Sustainability Department
Date:July 18, 2023
Subject:Resolution No. 27, Series of 2023, A Resolution approving the Town of Vail to enter an
Intergovernmental Agreement with Town of Avon, Eagle County, and EagleVail Metro
District to provide for the distribution of grant funds awarded through the Colorado
Department of Transportation’s Transportation Demand Management Innovation Grant
for the Shift Bike program expansion.
I.Purpose
The purpose of this memorandum is to request the Vail Town Council to approve Resolution No.
27, Series of 2023, approving the Town of Vail to enter an intergovernmental agreement (IGA)
between the Town of Vail, the Town of Avon, Eagle County, and EagleVail Metro to provide for
the distribution of funds relating to the Transportation Demand Management Innovation Grant
from the Colorado Department of Transportation to fund the Shift Bike electric bike share
program expansion project in 2023.
II.Background
To work towards achieving adopted goals from the Climate Action Plan for the Eagle County
Community, reduce transportation related greenhouse gas emissions, reduce traffic and parking
congestion, and make e-bikes more accessible in 2022 the Shift Bike Regional Electric Bike
Share Program was launched as a collaboration between Town of Vail, Town of Avon, and
EagleVail Metro District (“partner communities”). The three partner communities contracted
Drop Mobility to provide a turnkey electric bike (e-bike) share program from June – October
2022.
After successful implementation of the Shift Bike regional electric bike share in 2022 with over
21,750 miles logged and 7,400 trips taken, the partner communities opted to continue working
with Drop Mobility to expand the Shift Bike program in 2023. The system expanded in each of
the original partner communities as well into Edwards, CO. Eagle County Government and
Edwards Metro District joined the partner communities of Town of Vail, Town of Avon, and
EagleVail Metro District to implement an expansion of the turnkey program in 2023. The 2023
program includes 155 electric bikes and 33 hub stations throughout Vail, EagleVail, Avon, and
Edwards from May – October 2023. This is an increase from 90 electric bikes and 20 stations
deployed in 2022. Bikes and stations are distributed proportionately to funding allocations per
community. Vail received 81 bikes and 16 stations, Avon 35 bikes and 9 stations, EagleVail 14
bikes and 3 stations, and Edwards 25 bikes and 5 stations. The expanded system stations are
49
Town of Vail Page 2
implemented in locations with high-density work force housing and with significant first- and last-
mile challenges.
The total budget from Drop Mobility for the expanded system in 2023 is $428,150. Each partner
community contributed the following amount for 2023: Vail (52.2%)- $223,743; Avon (22.6%)-
$96,679; EagleVail (9%)- $38,672; Eagle County Government (11.7%)- $50,000; and Edwards
Metro District (4.5%)- $19,056. While the program operates under one proposal, the Town of
Vail, Town of Avon, EagleVail Metro District, and Eagle County hold individual contracts with
Drop Mobility for their respective portion of the system and funding contributions. Eagle
County’s contract includes Edwards Metro District’s portion of their contribution, for which Eagle
County bills Edwards Metro District.
The partner communities secured $50,000 through the Colorado Department of Transportation’s
Transportation Demand Management Innovation Grant to help proportionately offset the
expansion costs in each partner community. The Town of Vail was the lead applicant for the
grant and administering entity for grant reporting requirements and distribution of the funds to
the other partner communities. The grant will be distributed proportionately to each partner
community as stated below. Eagle County Government will work directly with Edwards Metro
District to distribute their allocated funds.
Organization Grant Funding Allocation
Town of Vail $22,000
Town of Avon $13,000
Eagle County/Edwards Metro District $10,000
EagleVail Metro District $5,000
Total Grant Funds $50,000
III. Staff Recommendation
Staff requests the Vail Town Council to approve Resolution No.27, Series of 2023, approving
the Intergovernmental Agreement (IGA) to distribute grant funds awarded through the Colorado
Department of Transportation’s TDM Innovation Grant for the Shift Bike program expansion in a
form approved by the town attorney and authorize the Town Manager to execute the IGA on
behalf of the town.
IV.Attachments
A.Resolution No.27, Series of 2023
B.Shift Bike Intergovernmental Agreement including Appendix A Project Description
50
RESOLUTION NO. 27
SERIES OF 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, THE TOWN
OF AVON, EAGLE COUNTY AND EAGLEVAIL METRO DISTRICT TO PROVIDE FOR
THE DISTRIBUTION OF FUNDS RELATING TO A CERTAIN TRANSPORTATION
DEMAND MANAGEMENT INNOVATION GRANT FROM THE COLORADO
DEPARTMENT OF TRANSPORTATION TO FUND THE SHIFT BIKE ELECTRIC BIKE
SHARE PROGRAM EXPANSION PROJECT
WHEREAS, the Town of Vail is the recipient of a Transportation Demand
Management Innovation Grant (the "Grant") from the Colorado Department of
Transportation to fund its Shift Bike Electric Bike Share Program Expansion Project (the
"Project");
WHEREAS, to implement the Project, the Town is required to distribute the Grant
funds in a manner that will expand the Project to adjacent communities, as furtherset forth
in the Intergovernmental Agreement attached hereto as Exhibit A and incorporated herein
by this reference (the “IGA”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THETOWN
OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the IGA in substantially the same
form attached hereto as Exhibit A,and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA 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 Vail Town
Council held this 18th day of July, 2023.
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Stephanie Bibbens, Town Clerk
51
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7/14/2023
C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@9808C881\@BCL@9808C881.DOCX
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (the "IGA") is made and entered
into this ______ day of ____________ 2023 (the "Effective Date"), by and among the
Town of Vail, a Colorado home rule municipality ("Vail"), the Town of Avon, a Colorado
home rule municipality ("Avon"), Eagle County, Colorado, a Colorado county ("Eagle
County"), and EagleVail Metro District, a Colorado special district ("EVMD") (each a
"Party" and collectively the "Parties").
WHEREAS, the Parties are Colorado municipalities, counties, and special districts,
respectively, organized and operated pursuant to Colorado law;
WHEREAS, pursuant to Article XIV, § 18(2)(a) and (b), of the Colorado
Constitution and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into
agreements with one another to provide intergovernmental services and facilities, when
so authorized by their governing bodies;
WHEREAS, Vail is the recipient of a Transportation Demand Management
Innovation Grant (the "Grant") from the Colorado Department of Transportation to fund
its Shift Bike Electric Bike Share Program Expansion Project (the "Project");
WHEREAS, to implement the Project, Vail is required to distribute the Grant funds
in a manner that will expand the Project to adjacent communities; and
WHEREAS, each Party has determined it to be in its best interests to enter into
this IGA and expand the Project to further reduce vehicle miles traveled and greenhouse
gas emissions.
NOW, THEREFORE, in consideration of the mutual performance of the covenants,
agreements, and stipulations contained herein, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.Program Participation. The Parties shall collectively participate in the Project, as
further described in Exhibit A, attached hereto and incorporated herein by this reference.
The Grant funds shall solely be used to implement and maintain the Project.
2.Distribution. Within 7 days of receipt of the Grant funds or 7 days of the Effective
Date, whichever is later, Vail shall distribute the Grant funds as follows:
Vail: $22,000
Avon: $13,000
Eagle County: $10,000
EVMD: $ 5,000
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3.Term and Termination. This IGA shall commence on the Effective Date and shall
terminate automatically, without further action of the Parties, upon completion of the
Project.
4.Miscellaneous.
a.Notices. All notices shall be transmitted in writing and shall be deemed to
have been duly given when hand-delivered or sent by U.S. mail, postage prepaid,
addressed as follows:
Vail:
75 S. Frontage Road
Vail, CO 81657
EVMD:
P.O. Box 5660
Avon, CO 81620
Avon:
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
Eagle County:
500 Broadway
P.O. Box 850
Eagle, CO 81631
b.Severability. If any provision of this IGA is determined to be void by a court
of competent jurisdiction, such determination shall not affect any other provision hereof,
and all of the other provisions shall remain in full force and effect.
c.Integration. This IGA represents the entire agreement among the Parties
hereto with respect to the subject matter hereof, and all prior or extrinsic agreements,
understandings or negotiations shall be deemed merged herein.
d.Waiver. No provision of this IGA may be waived to any extent unless and
except to the extent the waiver is specifically set forth in a written instrument executed by
the Party to be bound thereby.
e.Modification. This IGA may only be modified by subsequent written
agreement of the Parties.
f.Governing Law and Venue. This IGA shall be governed by and construed
in accordance with the laws of the State of Colorado, and venue for any legal action
arising out of this IGA shall be in Eagle County, Colorado.
g.No Third-Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this IGA, nor shall any third party have any rights to enforce this IGA in any
respect.
h.No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties and nothing contained in this IGA shall be construed as making
the Parties joint venturers or partners. In no event shall any Party or its employees or its
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representatives be considered or authorized to act as employees or agents of any other
Party.
i.Force Majeure. No Party shall be liable for a failure to perform as required
by this IGA to the extent such failure to perform is caused by a reason beyond the control
of that Party or by reason of any of the following occurrences, whether or not caused by
such Party: strikes, labor disturbances or labor disputes of any character, accidents, riots,
civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God,
explosion or similar occurrences.
j.Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of any Party under this IGA is specifically contingent
upon annual appropriation of funds sufficient to perform such obligation. This IGA shall
never constitute a debt or obligation of any Party within any statutory or constitutional
provision.
k.Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities any Party or its officials, representatives, attorneys, or
employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq., as amended.
IN WITNESS WHEREOF, the Parties have executed this IGA as of the Effective
Date.
TOWN OF VAIL, COLORADO
________________________________
Kim Langmaid, Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
TOWN OF AVON, COLORADO
________________________________
Amy Phillips, Mayor
ATTEST:
________________________________
Miguel Jauregui Casanueva, Town Clerk
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EAGLE COUNTY, COLORADO
________________________________
Jeff Shroll, Eagle County Manager
EAGLEVAIL METRO DISTRICT
________________________________
Tim McGuire, Board Chairman
ATTEST:
_____________________________
Kris O’Neill, Manager of Human Resources & Administration
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EXHIBIT A
Shift Bike Program Expansion for 2023
As a strategy to work towards achieving adopted goals from the Climate Action Plan for
the Eagle County Community, reduce transportation related greenhouse gas emissions,
reduce traffic and parking congestion, and make e-bikes more accessible in 2022 the
Shift Bike Regional Electric Bike Share Program was launched as a collaboration
between Town of Vail, Town of Avon, and EagleVail Metro District (“partner
communities”). The three partner communities contracted Drop Mobility to provide a
turnkey electric bike (e-bike) share program from June – October 2022.
After successful implementation of the Shift Bike regional electric bike share in 2022
with over 21,750 miles logged and 7,400 trips taken, the partner communities opted to
continue working with Drop Mobility to expand the Shift Bike program in 2023. The
system expanded in each of the original partner communities as well into Edwards, CO.
Eagle County Government and Edwards Metro District joined the partner communities
of Town of Vail, Town of Avon, and EagleVail Metro District to implement an expansion
of the turnkey program in 2023. The 2023 program includes 155 electric bikes and 33
hub stations throughout Vail, EagleVail, Avon, and Edwards from May – October 2023.
This is an increase from 90 electric bikes and 20 stations deployed in 2022. Bikes and
stations are distributed proportionately to funding allocations per community. Vail
received 81 bikes and 16 stations, Avon 35 bikes and 9 stations, EagleVail 14 bikes and
3 stations, and Edwards 25 bikes and 5 stations. The expanded system stations are
implemented in locations with high-density work force housing and with significant first-
and last- mile challenges.
The total budget from Drop Mobility for the expanded system in 2023 is $428,150. Each
partner community contributed the following amount for 2023: Vail (52.2%)- $223,743;
Avon (22.6%)- $96,679; EagleVail (9%)- $38,672; Eagle County Government (11.7%)-
$50,000; and Edwards Metro District (4.5%)- $19,056. While the program operates
under one proposal, the Town of Vail, Town of Avon, EagleVail Metro District, and
Eagle County hold individual contracts with Drop Mobility for their respective portion of
the system and funding contributions. Eagle County’s contract includes Edwards Metro
District’s portion of their contribution, for which Eagle County invoices Edwards Metro
District.
The partner communities received $50,000 through the Colorado Department of
Transportation’s Transportation Demand Management Innovation Grant to help
proportionately offset the expansion costs in each partner community. The Town of Vail
was the lead applicant for the grant and administering entity for grant reporting
requirements and distribution of the funds to the other partner communities. The grant
will be distributed proportionately to each partner community as stated below. Eagle
County Government will work directly with Edwards Metro District to distribute their
allocated funds.
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Organization Grant Funding Allocation
Town of Vail $22,000
Town of Avon $13,000
Eagle County/Edwards Metro District $10,000
EagleVail Metro District $5,000
Total Grant Funds $50,000
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AGENDA ITEM NO. 3.5
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Sigma Tactical Wellness for the Annual
Officer Wellness Check
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Sigma Tactical Wellness for the
Annual Officer Wellness Check, not to exceed $53,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Sigma Council Memo.docx
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July 10, 2023
To:Vail Town Council
Through:Russ Forrest
Town Manager
Ryan Kenney
Chief of Police
From:Justin Liffick
Deputy Chief of Police
Subject:Request to Approve Funds for Officer Physical Wellness Screening
The purpose of this memorandum is to receive Council’s approval for the Vail Police
Department’s Annual Sigma Officer Wellness check that will be conducted by Sigma Tactical
Wellness.
This is a program Vail Police Department has been doing for many years. It makes sure our
officers are physically healthy to perform their jobs to the best of their abilities.
The Vail Police Department is requesting approval from Vail Town Council to authorize the
Town Manager to enter into an agreement, in a form approved by the Town Attorney, with
Sigma Tactical Wellness to provide the Vail Police Department’s annual officer wellness check,
in the amount not to exceed $53,000.00.
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AGENDA ITEM NO. 3.6
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Lazano's Welding, Gallegos Masonry, &
Intermountain Painting for Structural Replacement to Stair #5 in
the Vail Village Parking Structure
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Lazano's Welding for the
Structural Replacement Project, not to exceed $224,700.00, Gallegos
Masonry for a sum not to exceed $13,700.00, and Intermountain
Painting for a sum not to exceed $7,200.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Vail Village Stair #5.docx
Stair Photo 1.jpg
Stair Photo 2.jpg
Stair Photo 3.jpg
Stair Photo 4.jpg
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TO:Vail Town Council
FROM:Public Works Department
DATE:July 18, 2023
SUBJECT: Contract Awards for the Stair #5 Vail Village Parking Structure
I.SUMMARY
The purpose of this memorandum is to award contracts to Lazano's Welding, Gallegos
Corporation, and Intermountain Painting for Structural replacement to Stair # 5 in the Vail
Village Parking structure.
II.BACKGROUND
The eastern end of the Vail Village Parking Structure was constructed in 1991.The
stairs are concrete filled steel pan treads and concrete filled landings.Years of
moisture retention has caused stair #5 to have considerable rusting.(Please see the
attached photos).Rust is affecting the treads, steel stringers, and landings. Staff have
removed many of the tread noses as they were loose and a trip hazard.A complete
replacement of the stair system is recommended by staff.
The replacement scope of work entails demolition of the existing stair assembly,
installing new stairs,filling the treads and landing with concrete, concluding with
painting the new steel components.
Three bids were received for the stair replacement but only one bid was complete in
scope.This is Lazano's Welding with a price of $224,700.00.The supply and install
concrete bid is $13,700 and the painting bid is $7200 for a total project cost of
$245,600..Funding for the project will come from the existing Parking Structure
Capital Account.
The work will be completed during the summer and fall of 2023.
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Lazano's Welding, in a
form approved by the Town Attorney, in the amount of,and not to exceed
$224,700.00, Gallegos Masonry for a sum not to exceed $13,700 and lntermountain
Painting for an amount not to exceed $7,200.
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AGENDA ITEM NO. 3.7
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Restruction Corporation for Structural Repairs
& Expansion Joint Replacement
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Restruction Corporation not to
exceed $172,800.00
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Parking Structure Repairs.docx
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TO:Vail Town Council
FROM:Public Works Department
DATE:July 18, 2023
SUBJECT: Parking Structure Structural Repair and Expansion Joint Replacement Contract
Award
I.SUMMARY
The purpose of this memorandum is to award a contract to Restruction Corporation for Parking
Structure Structural Repairs and Expansion Joint Replacement.
II.BACKGROUND
Public Works has for the past several years contracted for Structural Repairs and
Expansion Joint replacement in both parking structures under the advice of J.R.Harris
and associates Structural Engineers.
The proposed work is a continuation of this program. The scope of work includes but is not
limlted to;
•Mobilization of crew and equipment
•Repair of spall in the Northwest LH stairwell
•Remove and replace compression joint on ramp at 4 locations in LH
•Remove expansion joint at West ramp on the top floor and replace with a
DOT joint LH
•Remove and replace expansion joint at West ramp LH
•Remove and replace half of North/East joint on top level LH
•Repair 40 SF of topping at joint on north side of top level LH
•Remove and replace 60If of caulking on North side of top level LH
•Repair 1DOif of Wabocrete at various locations on top level LH
•Remove and replace 280 If of expansion joint W
•Repair 100 If of Wabocrete around expansion joints W
•Repair surface spall on the wall by the elevators on P1 W
•Expansion joint concrete shoulder repairs W
•Repair sheer double tee connection
•Inject crack on P1 wall with Kemko 068 epoxy approximately 50lf, W
The pricing for this work is by Restruction Corporation which is the firm
recommended by the towns structural engineer and which is the same firm that
has completed repairs in the structures for the past 5 years.Funding for the
project will come from the existing Parking Structure Capital Account.
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Town of Vail Page 2
The work will be completed during the summer and fall of 2023.
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Restruction Corporation,
in a form approved by the Town Attorney, in the amount of,and not to exceed
$172,800.
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AGENDA ITEM NO. 3.8
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Pete Wadden, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Letter of Support for I-70 East Vail Pass Wildlife Crossings
Discretionary Grant Application
SUGGESTED ACTION:Approve, approve with amendments, or deny Letter of Support.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Letter of Support Wildlife Crossing.docx
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July 18, 2023
The Honorable Pete Buttigieg
US Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
RE: Support for I-70 East Vail Pass Wildlife Crossings discretionary grant application
Dear Secretary Buttigieg:
On Behalf of the Vail Town Council, I am writing to express my strong support for the Colorado
Department of Transportation (CDOT) and Summit County I-70 East Vail Pass Wildlife Crossings
Project. The project will install three wildlife crossings on the westbound lanes of I-70, as well as
wildlife-exclusion fencing between Vail Pass and Copper Mountain. This new wildlife crossing
mitigation will leverage existing infrastructure on eastbound I-70 to provide landscape permeability
across one of Colorado’s largest and busiest interstates.
The project is a collaborative effort between CDOT, Summit County, Colorado Parks and Wildlife
(CPW), U.S. Forest Service (USFS), and Summit County Safe Passages nonprofit. The main goals
of this Project include:
1. Reduce wildlife-vehicle collisions and improve safety for all travelers along a significant
freight and transit corridor in the Southern Rocky Mountains and central Colorado.
2. Improve and restore landscape and breeding ground movement for deer, elk, moose,
bighorn sheep, and the federally threatened Canada lynx across 12 miles of the White River
National Forest.
3. Restore connectivity through over 17,000 acres in the West Ten-Mile Creek Watershed.
The Colorado Transportation Commission recently awarded the project $750,000 from the state
general fund via the bipartisan Senate Bill 151 ‘Safe Crossings for Colorado Wildlife and Drivers’.
Project partner Summit County Safe Passages is receiving donations for the project and is
leveraging private sector interest to secure project support, such as building partnerships with Vail
and Copper Mountain, and Arapahoe Basin ski resorts. This project is an enormous priority for
CDOT, CPW, USFS, Summit County, and all of Colorado as we work to make our transportation
network safer for all residents, people and wildlife alike.
We whole-heartedly support this project and request USDOT to prioritize Wildlife Crossing Pilot
Program grant funding for this worthy proposal.
Sincerely,
Kimberly Langmaid, Ph.D.
Mayor
Town of Vail
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Town Manager Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Manager Update 060623_mg.docx
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Town Managers Update
July 18, 2023
1. 4
th of July
The Town received positive feedback on the 4th of July day parade and fireworks. Staff would appreciate
any feedback and direction on planning for next year from Council. Also, staff needs to report that there
were a significant number of minors that came to Vail from 4-5 different front range high schools that
created significant concerns related to underage drinking and public safety when they congregated in the
area of East Meadow Drive and Willow Bridge Rd. The Police Department will provide on update on these
concerns.
2. Strategic Goals
Staff will continue to monitor progress around the four strategic goals identified by Council in January of
2023. A goal that has continued to evolve with the direction to look wholistically at Town Hall uses, and
Civic Center uses is the following:
By November 1, 2023:
1. Determine a program, budget, and critical path to renovate Dobson Ice Arena so that it will
continue to serve Vail for another 40 to 50 years.
Status: No change proposed: If Council provides direction on next steps for Dobson on July 18th
these next steps can be achieved in this time frame. A more specific timeline for completion of
Dobson can also be provided before November 1, 2023.
2. Determine whether to renovate or relocate Town of Vail offices and if relocated determine
best location(s), a budget, and a timeline for relocation or renovation.
With the timeline of the RFP that was discussed on this topic on July 18
th and the addition in
that RFP to determine the preferred uses in the civic area including the preferred location of
Town Hall offices staff would recommend the following change to this strategic goal:
“By no later than September 1 of 2024, the town will Determine whether to renovate or
relocate Town of Vail offices and if relocated determine best location(s), a budget, and a
timeline for relocation or renovation and determine the preferred community uses to be
developed at the Civic Hub. “
3. Other Updates
The Town Manger may also have other updates to provide the Town Council to ensure timely communication.
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:July 18, 2023
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:
230718 Matters.docx
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COUNCIL MATTERS
Status Report
Report for July 18, 2023
Honoring Mikaela: A more permanent display in the town of Vail to honor Mikaela
Shiffrin’s achievements and contributions will be pursued by the town’s Cultural
Heritage and Preservation Committee, in partnership with the Art in Public Places
board.
Social Media Listening
https://share.sproutsocial.com/view/4969dc3c-244f-4a02-a9dc-3c244fba02f6
Social media volume fired back up along with the summer visitation season –Listening tracked
a volume of 5,121 Vail related posts over the course of 6/14-7/12 with over 27 million potential
impressions. Conversations ranged from travel content to GoPro recaps to holidays and events.
The court decision, bike dismount zone and Vail Farmer’s Market created local chatter, some of
which is not captured here due to Sprout Listening limitations created by privacy settings for
private Facebook groups.
In the News______________________________________________________
June 14
Michelin Guide
https://www.vaildaily.com/news/michelin-guide-could-award-fine-dining-stars-to-restaurants-in-
vail-beaver-creek/
https://www.cbsnews.com/colorado/news/michelin-stars-colorado-restaurants/
https://krdo.com/news/2023/06/14/michelin-guide-plants-a-flag-in-colorado/
https://kdvr.com/news/local/michelin-guide-checking-out-colorados-culinary-scene/
https://www.westword.com/restaurants/michelin-guide-expanding-to-colorado-17095561
June 15
Timber Ridge
https://unofficialnetworks.com/2023/06/15/vail-affordable-housing-development/
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Trees for Vail
https://www.snowindustrynews.com/articles/town-of-vail-s-annual-trees-for-vail-giveaway-runs-
through-friday
June 16
St. Anton Visit
https://www.vaildaily.com/news/how-vails-budding-relationship-with-its-sister-resort-in-austria-
will-bring-innovation-to-both-resort-communities/
Michelin Guide
https://www.5280.com/the-good-and-the-bad-of-the-michelin-guide-coming-to-colorado/
https://denvergazette.com/outtherecolorado/news/tire-company-michelin-recognizes-colorado-
for-culinary-scene-creating-state-specific-guide/article_39851d58-0c93-11ee-8db1-
bfa9f4ce0b21.html
June 19
Stewardship Roadmap
https://www.vaildaily.com/news/will-vails-stewardship-roadmap-preserve-its-community-
economy-and-environment/
Adam Bloom
https://www.vaildaily.com/news/terminated-vail-police-officer-adam-blooms-case-reveals-
details-about-investigation-of-another-officer/
June 20
Town/Eagle County Joint Meeting
https://www.vaildaily.com/news/vail-town-council-eagle-county-commissioners-talk-about-water-
housing-and-cooperation/
June 21
West Vail Master Plan
https://www.vaildaily.com/news/vail-wants-bigger-better-incentives-for-employee-housing-in-
west-vail-zoning-proposal/
Gramshammer Tribute
https://www.vaildaily.com/news/vail-to-build-a-forever-tribute-to-pepi-gramshammer-in-the-
heart-of-its-main-village/
June 22
Frontage Road Parking Lease
https://www.vaildaily.com/news/vail-renews-lease-with-cdot-to-continue-overflow-parking-on-
frontage-roads/
Why Behind Dismount Zone - Valley Voices Column
https://www.vaildaily.com/opinion/valley-voices-the-why-behind-vails-dismount-zone/
June 27
Stewardship Roadmap
https://www.realvail.com/vail-town-council-unifies-around-vails-stewardship-roadmap/a16469/
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June 28
Fireworks
https://www.vaildaily.com/news/fourth-of-july-fireworks-are-back-in-eagle-county-heres-where-
to-find-them/
Altus Vail
https://www.vaildaily.com/news/vail-claims-altus-vail-units-violated-deed-restrictions-in-district-
court-complaint/
June 29
Gypsum Man in Red Sandstone Creek
https://www.vaildaily.com/news/body-found-in-gore-creek-on-wednesday-identified-as-21-year-
old-gypsum-man/
June 30
Dismount Zones
https://www.vaildaily.com/news/whats-the-deal-with-the-new-dismount-zone-signs-in-vail-
village/
Vail Fire Community Work Days
https://www.vaildaily.com/news/vail-fire-brings-back-free-community-workdays-this-summer-to-
reduce-wildfire-risk/
July 2
Keeping an eye on the trees - Valley Voices column
https://www.vaildaily.com/opinion/columns/cada-keeping-an-eye-on-the-trees/
GoPro Protect our Playground
https://www.vaildaily.com/sports/outdoors/gopro-mountain-games-protect-our-playgrounds-
initiative-takes-care-of-local-lands-rivers-and-trails/
July 3
Booth Heights
https://www.vaildaily.com/news/judge-grants-vail-immediate-possession-of-vail-resorts-owned-
site-in-east-vail/
https://www.denverpost.com/2023/07/03/vail-resorts-east-site-town-case-ruling/
Fourth of July
https://www.vaildaily.com/news/independence-day-happenings-around-the-vail-valley/
July 5
Fourth of July
https://www.vaildaily.com/news/red-white-blue-and-green-conservation-themed-floats-win-at-
vail-america-days/
https://www.vaildaily.com/news/big-crowds-in-vail-area-create-busy-july-4-for-first-responders/
https://www.vaildaily.com/news/photos-crowds-pack-vail-for-fourth-of-july-festivities/
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Booth Heights
https://snowbrains.com/town-of-vail-granted-possession-of-hotly-contested-east-vail-land-co1/
https://bizwest.com/2023/07/05/vail-corp-loses-condemnation-case-despite-vails-abusive-
tactics/
https://www.bizjournals.com/denver/news/2023/07/05/judge-rules-against-worker-housing-
project-in-vail.html
Neighborhood Picnics
https://www.realvail.com/town-of-vail-to-sponsor-annual-neighborhood-picnics-july-11-aug-
8/a16595/
GoPro Games Protect our Playground
https://www.realvail.com/gopro-mountain-games-protect-our-playgrounds-looks-to-take-care-of-
local-lands-rivers-trails/a16587/
July 6
Residences at Main Vail
https://www.vaildaily.com/news/eagle-county-residents-can-now-enter-the-lottery-for-
residences-at-main-vail-units/
Community Art Programming
https://www.vaildaily.com/news/alpine-arts-center-and-town-of-vail-partner-to-offer-community-
art-programming-this-summer/
July 7
Residences at Main Vail
https://www.realvail.com/town-of-vail-triumph-launch-lottery-process-for-rental-of-new-
residences-at-main-vail/a16605/
Fourth of July - letter
https://www.vaildaily.com/opinion/letter-the-most-unpatriotic-thing/
July 8
Booth Heights
https://therealdeal.com/national/2023/07/08/nimbys-score-win-in-vail-property-dispute/
July 12
Community Picnic
https://www.vaildaily.com/news/east-vail-community-picnic-draws-quite-a-crowd/
Adam Bloom
https://www.vaildaily.com/news/former-vail-police-officers-hearings-on-harassment-solicitation-
charges-pushed-back-to-august/
77
Upcoming Council Events
o August 8 – Community Picnic at Donovan Pavilion
78
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:July 18, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Information Update
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Vail Town Council Priority Goals for 2023
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Priority_Vail_Town_Council_Goals_for_2023.docx
79
PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
CATEGORY GOALS NEXT STEPS WHO
Housing The Town of Vail will acquire 1,000 additional resident
housing deed restrictions by the year 2027 as compared
to 2017. By October 1, 2023:
1.Complete the Residences at Main Vail.
2.Initiate the entitlement process for the Timber
Ridge and West Middle Creek housing
developments.
3.Acquire the East Vail CDOT parcel and initiate the
design process.
4.Initiate the acquisition process for one additional
parcel of land to create a significant regional
housing development.
1.5. Amend the commercial linkage requirements and
adopt residential linkage
1. Execute management agreement with RMV property manager. Complete.
2. We are negotiating a development agreement with Triumph on Timber Ridge and there is
more demand than units for this project. A pre-development agreement is completed.
3. Regarding West Middle Creek-geotechnical work has been completed, a site plan has been
developed, and an RFP for developers is being developed by staff. Transportation Commission
has also approved disposing of its land to facilitate this development.
4. Staff is working with CDOT to complete the last steps for acquiring the East Vail CDOT parcel. A
final purchase price still needs to be agreed to.
5. TOV and other stakeholders have begun working with the State Land Board on the Dowd
Junction property.
Housing Director
lead, supported by
Town Manager &
Deputy Manager,
Finance Dept, Public
Works, Com Dev,
Econ Dev
Civic Hub and
Town Hall
By November 1, 2023:
1.Determine a program, budget, and critical path to
renovate Dobson Ice Arena so that it will continue
to serve Vail for another 40 to 50 years.
2.Determine whether to renovate or relocate Town of
Vail offices and if relocated determine best
location(s), a budget, and a timeline for relocation
or renovation.
Note: The Town Manager would request that he be able
to work with cultural arts interests to further refine the
conceptual design and programs for community uses in
addition to Dobson and town offices on the hub site
1. Executed design contract with Populous. Two scenarios have been developed and costed.
The two options are over the estimated revenue available. The Town has hired Cumming Group
as an owner’s representative. Cumming will work on prioritized improvements to build an option
meeting the budget. Soils testing is underway as well as hiring a survey company to provide an
updated topographic survey.
2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide
recommendations to Town Council.3. (Recommended additional task): Facilitate a discussion on
high priority cultural/community uses and how they can be finically sustained over time and
bring forward recommendations to the Town Council.
Public Works
Director - Dobson/
Town Manager &
Com Dev Director,
Econ Dev
Excellent
Customer
Service
By November 1, 2023:
1.Create a clear definition for providing excellent
customer service to our residents and guests for
town services and a means of measuring to what
degree we are providing excellent customer service.
1.2. Identify and implement metrics for objectively
measuring organizational effectiveness and health
so that a baseline is developed which can be
improved on in future years.
Work with leadership team to develop customer service goals and metrics. Leadership retreat
scheduled for June 15 to help define “excellent customer service”. Data points and surveys
currently used have been gathered to provide metrics for future measurement of success.
Town Manager and
Leadership Team
Land Use
Regulations
Support
Town Goals
By November 1, 2023:
Review and analyze Title 12 Zoning, the Official Zoning
Map, Title 14 Development Standards, and other
pertinent land use policy language including the Town of
Vail Comprehensive Plan. Bring forward
recommendations for amendments to help foster the
creation of affordable housing and improved efficiency
of the development review process.
1.Staff is completing an exhaustive set of recommendations to align the zoning code and
administrative policy with the goal of creating affordable housing.
2.Staff will convene focus groups with builders, housing advocates to also solicit feedback on
aligning the development review process to support the Town’s housing goals.
Community
Development
Director, Public
Works Director, Fire
Chief
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Vail Town Council Action Plan
PROJECT MILESTONE UPDATES POINT of CONTACT
COMMUNITY
West Vail Master
Plan
Implementation
Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.
May 2022 – April 2023. Update to Council on March 21, 2023.
Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP.
May 2023 – Sept. 2023. Update to Council May 15, 2023.
Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP.
Coordinate implementation timeline in context of town-wide Transportation Master Plan.
Matt Gennett, Community
Development Director
Timber Ridge
Apartments
Redevelopment
Aug. 1, 2023
Updated market study, design development, and entitlement approval process to redevelop Timber Ridge Village
Apartments.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased occupancy.
George Ruther, Director of
Housing
Ford Park Master
Plan
Amendments
Ford Park Master Plan Amendments. An update to Town Council scheduled for July 18 Todd Oppenheimer, Capital
Projects Manager
Short Term
Rental Policy
Amendments
Jan. 1, 2023
Effective implementation date of Ordinance No. 11, Series of 2022.
Feb. 28, 2023
STR license renewal deadline.
Carlie Smith, Finance
Director
Early Childhood
Initiatives
Funding in 2023 ($250,000) for Council supported areas including:
Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty
Workforce Retention – grants to 2 programs for 2023
Expansion and Sustainability of ECE programs
– infant subsidy and facility/lease support
– pursuing expansion opportunities via in-home and/or new spaces
Capital support – facility maintenance support ongoing & future capital support TBD
Krista Miller, Human
Resources Director(
Cultural Heritage
Preservation &
Programs
`
Lori A. Barnes, Library
Services Director
Permanent
Location for
Children’s
Garden of
Learning
Lease at temporary location expires 2026 or earlier pending 180 days’ notice.Kathleen Halloran, Deputy
Town Manager
Wildland Urban
Interface Code
Amendments
May 2023
Town Council update on 2022 Fire Free Five grant program.
May-October 2023
Implement 2023 Fire Free Five grant program.
Fall 2023
Mark Novak, Fire Chief
81
Fire Free Five code adoption consideration.
ENVIRONMENT
USFS Booth
Creek Fuels
Reduction
Project
Spring 2023
USFS Record of Decision-draft EA issued on May 5, 2023 with 45 day comment period.
Winter 2023/2024
Identify costs and funding sources.
2023-2030
Implementation - timeline is variable due to external factors.
Mark Novak, Fire Chief
Identify
Alternative Fuel
Solutions
2022 - First boiler replacement operational. Collecting data on usage. Town is under contract with the Grey Edge Group,
to study feasibility of a networked geothermal system for decarbonizing the snowmelt system. Experts toured Vail
infrastructure on May 8th.
Kristen Bertuglia,
Environmental Sustainability
Director
Sustainable
Strategic Plan
Jan. – Dec. 2023 Kristen Bertuglia,
Environmental Sustainability
Director
Wildlife Crossing
at Dowd Junction
Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia,
Environmental Sustainability
Director
Global Friendship
| Peer Resort
Exchange
Programming
Staff to return to town council in Q3 with proposal for areas of alignment with key peer resort and international
community exchanges.
St. Anton delegation of 11 visited Vail June 6 - 10 with official tours and meetings and a proclamation at the June 6
th
Town Council meeting and ending with participation at the Go Pro Mountain Games. Staff will begin working on next
steps, such as an employee exchange program and potential visit next summer to St. Anton.
Mia Vlaar, Economic
Development Director.
Kristen Bertuglia,
Environmental Sustainability
Director
Cultural Heritage
Preservation &
Programs
2023 Budget is $25,000.
March 21, 2023 – Resolution No 4 passed for the Naming or Commemoration of town-owned properties. Town’s
website has been updated to include an online application.
Partner on Trailblazer Award process.
Continued work in 2023 - Summervail Archives (on hold for now, need to reconnect with their team) ; Vail Valley
Voices (ongoing project with many more oral histories still to be captured) ; Library’s 40th Anniversary (celebration
was first announced in March ; historic display on Hauserman table through the summer, Galleria display exhibit
opens in August ; July 4
th Book ‘n Bake Sales (Theme is “This Library is Your Library – 40 Years Strong”) ; Eagle
County celebrates 140 years (Library hosted the traveling photography exhibit in April) ; CHC website has been
further updated to include cultural initiatives from other departments ; CHC committee meets bimonthly.
Lori A. Barnes, Director of
Library Services
Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Field work begins June 15 Kristen Bertuglia,
Environmental Sustainability
Director
Building Code
Regs & Climate
Action Plan
Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness 2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program. Solar RFP responses
received, contract to be completed June 20.
Matt Gennett, Community
Development Director
ECONOMY
2. Dobson and
Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town Hall services.
Currently working with architect/design firm and owner’s rep to refine conceptual designs based on preliminary cost
estimates for Dobson Ice Arena renovations. Joint meeting with VRD and Town Council on July 18 asking to continue
moving forward with the recommended design and funding plan.
Matt Gennett, Community
Development Director
Greg Hall, Public Works
Director
4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing.Matt Gennett, Community
Development Director
82
Special Events
Funding Model
Alternatives
Initiative
As part of the reimagining and restructure of the economic development department as a destination marketing
organization (DMO), a new structure for special events funding will be explored in Q2.Carl Ribaudo is providing
consulting services to address the town’s reorganization into a Destination Marketing Organization including marketing,
special events, welcome centers, and business development. Carl to visit with town staff July 25-26
Mia Vlaar, Economic
Development Director
Vail’s
Stewardship
Roadmap
Adoption of plan by resolution by Vail Town Council is planned for June 20th. Early implementation including
resourcing, budgeting, and planning to begin in Q2 2023.
Mia Vlaar, Economic
Development Director
Next Steps for TIF
Funding
Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years
Currently working with architect/design firm and owner’s rep to refine conceptual designs based on preliminary cost
estimates for Dobson Ice Arena renovations. Joint meeting with VRD and Town Council on July 18 to ask Town Council
permission to move forward with recommended design and funding plan.
Kathleen Halloran, Deputy
Town Manager
Economic
Development
Strategic Plan
Update
Following the reimagining and restructuring of the department as a destination marketing organization (DMO), the
economic development strategic plan will be updated in Q4 of 2023.
Mia Vlaar, Economic
Development Director
EXPERIENCE
3. Excellent
Customer
Service
By November 1, 2023, achieve the following:
Create a clear definitions of excellent customer service to our residents and guests and a means of measuring to
what degree we are providing excellent customer service.A leadership meeting was held June 15, where customer
service principles were developed.
Identify and implement a metric for objectively measuring organizational effectiveness and health so that a
baseline is developed which can be improved on in future years. Feb 24 met with RRC as a first step in identifying
what metrics we have available using the bi-annual community survey and post-visit guest intercept surveys. Mar
22 internal meeting to discuss creating an inventory of data to use in measuring guest experience. May 10 created
an internal inventory of existing data points. Staff meeting with RRC & Associates in Boulder, CO on July 13 to
discuss service metrics and reportable data to the community.
Kathleen Halloran, Deputy
Town Manager
Go Vail 2045 –
Vail Mobility &
Transportation
Master Plan
July 2022 – May 2024.
Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process of drafting
initial recommendations which will be presented to the public and Council this summer for initial comment and
feedback. Presentation to Town Council scheduled for August 1st.
Tom Kassmel, Town Engineer
Public Works
Shops
Expansion and
Access
Improvements
March 2021 – June 2022. - Access Improvements: Engaged design team to provide a scope to provide additional steps
to provide access to the upper level of the public works shop building.
Greg Hall, Public Works
Director
E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began.Council was updated on May 16
th on the success of the program and lessons
learned. Staff currently working on expanding the program for large couriers such as FedEx/UPS
Ryan Kenney, Police
Commander
Regional
Transportation
Ballot measure passed in Nov. 2022. Town Council member Barry Davis is serving as the town’s representative on the
RTA board. This first year will be spent establishing the new RTA.
Public Parking
Initiatives
New parking rates and passes were implemented at the start of the 2022/23 winter season. On April 18, Town Council
approved recommendations by the Parking Task Force to implement changes to summer parking overnight rates and
event parking rates at Ford Park. Parking Task force met June 15 to report out on summer experience and begin
discussions for the upcoming winter.
Greg Hall, Public Works
Director
83
Guest
Experience
Initiatives
PrimaVail and PrimaService programming will reengage in early summer and continue through September. Early winter
will see another reactivation of PrimaVail and PrimaService recognition for the winter season.
Mia Vlaar, Economic
Development Director
84
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:July 18, 2023
TIME:15 min.
SUBMITTED BY:TJ Johnson, Information Technology
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Contract Award to ViaOne Services and Graybar for Fiber Optic
Cable Construction
SUGGESTED ACTION:Approve the Town Manager to enter into a contract, approved by the
Town Attorney with ViaOne Services for fiber optic cable construction,
not to exceed $775,000.00 and Graybar for fiber optic materials not to
exceed $80,000.00. Approve, approve with amendments, or deny
budget increase by $325,000.00 for additional expenses over the
predicted budget and for a 10% contingency.
PRESENTER(S):TJ Johnson, Director of Information Technology
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Fiber Construction Services and Materials Agreements.pdf
85
To: Vail Town Council
From: IT Department
Date: July 18, 2023
Subject: Fiber Optic Cable Construction Agreements & Budget Request
I. PURPOSE
Request that the Council approve an agreement with ViaOne Services to provide the necessary
construction services to install conduit and fiber optic cable in Vail to support more reliable
internet and cellular functionality. Additionally, request that the Council approve an agreement
with Graybar to purchase the necessary materials for the same project. Finally, since the
construction services bid could potentially exceed our approved budget, we are requesting
additional funding in the amount of $325,000 to ensure we can cover expected and potential
increases in costs. This project is slated to begin in August (pending permit approvals) and be
completed by December 2023.
II. BACKGROUND
Fiber optic cable is the infrastructure upon which all internet connectivity depends. These
cables transmit and receive massive amounts of data across the globe and are necessary to
ensure that the town of Vail will continue to be one of the best-connected resort communities in
the world. Prior to the 2015 Ski Championships, a significant amount of fiber was placed in the
ground, along with a state-of-the-art cellular tower system above-ground. This combination has
allowed for excellent cellular service throughout the town core, as well as a public wi-fi network
that has few rivals in the world. To enhance the reliability of these communications, additional
paths of fiber are the best practice for protecting against outages at the most basic infrastructure
layer (the fiber itself being cut). By completing this project, the town will be well positioned to
continue the services we have today, and more importantly set us up for future connectivity to
additional areas of the town.
Staff put out two separate RFPs for this project, one for the construction services and the other
for the materials. Two bids were received for the construction services, and two bids for the
materials. We recommend moving forward with Graybar for the materials bid, which came in at
just under $80,000 and is the lowest bid received. For the construction services, we recommend
an agreement with ViaOne Services, who came in with a base bid under $400,000 – well within
our budget and again, the lowest bid received. However, there is premium pricing included in
the proposal that will increase the overall project cost if the required boring and trenching
processes encounter certain types of rocky material. In reviewing the proposal with specialists
knowledgeable in the local area, we believe there will be a significant amount of boring and
trenching that will necessitate the listed higher pricing. We feel it is prudent to increase the
expected construction costs up to $770,000 in the agreement with ViaOne Services. The current
available budget in this project is approximately $600,000. So, in addition to asking for approval
to come to an agreement with this company for their services, we are requesting to supplement
the budget to cover these anticipated higher costs.
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Town of Vail Page 2
III. ACTIONS REQUESTED OF COUNCIL
A. Direct the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with ViaOne Services to install conduit and fiber to complete the town’s fiber
loop between our key technology locations, for an amount not to exceed $775,000.
B. Direct the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Graybar to provide all necessary materials for this project, for an amount
not to exceed $80,000.
C. Staff is requesting approval of a $325,000 increase to the COT004 budget, for a total
budget of $925,000. The first $255,000 for this request is to cover our forecasted actual
expenses for the project which will be included in the agreements. The additional
$70,000 is a 10% contingency to cover potential increases due to the somewhat
unpredictable nature of the boring and trenching work being done.
87
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:July 18, 2023
TIME:10 min
SUBMITTED BY:Kristen Bertuglia, Environmental Sustainability
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:H.R. 1380 - Protect America's Rock Climbing Act
SUGGESTED ACTION:Should the Vail Town Council wish to take action concerning H.R.
1380, staff recommends a position of Oppose.
PRESENTER(S):Kristen Bertuglia, Environmental Sustainability Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Memo_071823_HR_1380_Bolting_in_Wilderness.pdf
PARC_Act_opposition_bullet_points.pdf
Letter_of_Opposition_-_Protect_America_s_Parks_Act_-_Bolting_in_Wilderness.pdf
Public Input PARC Act.pdf
PARC Act info.pdf
88
To: Vail Town Council
From: Department of Environmental Sustainability
Date: July 18, 2023
Subject: H.R. 1380 Protect America’s Rock Climbing Act
I. Purpose
The purpose of this memorandum is to present for consideration a letter to Congressional
representatives concerning H.R. 1380, Protect America’s Rock Climbing Act (PARC).
II. Background
H.R. 1380, Protect America’s Rock Climbing Act, introduced by Representatives John Curtis (R-
Utah) and Joe Neguse (D-Colo.), would direct the Secretaries of Agriculture and the Interior to
adhere to the following, allowing for activities previously prohibited in designated Wilderness.
Except from the bill is as follows.
SEC. 2. GUIDANCE ON CLIMBING MANAGEMENT IN DESIGNATED WILDERNESS
AREAS.
(a) Climbing Guidance Required.—
(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the
Secretary concerned shall issue guidance on climbing management in designated wilderness
areas that recognizes the appropriateness of the allowable activities described in paragraph (2)
in such areas, if the allowable activities are undertaken in accordance with—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) other applicable laws (including regulations); and
(C) any terms and conditions that are determined to be necessary by the
Secretary concerned.
(2) ALLOWABLE ACTIVITIES.—The allowable activities referred to in paragraph (1) are
(A) recreational climbing;
(B) the placement, use, and maintenance of fixed anchors*1; and
(C) the use of other equipment necessary for recreational climbing.
1 climbing equipment—bolts, pitons, or slings—left in place to facilitate ascent or descent of technical terrain (USDA
Forest Service, 1999)
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Town of Vail Page 2
The 1964 Wilderness Act, prohibits permanent improvements in designated wilderness.
“There shall be no temporary road, no use of motor vehicles, motorized equipment or
motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or
installation within any such area,” the law states.
Metal hangers bolted into rock for the purposes of securing ropes for rock climbing using
mechanical drills can reasonably be viewed as both “improvements” and “permanent.” However,
for decades, the National Park Service and U.S. Forest Service have been overseeing climbing
in wilderness, but without providing overarching guidance to managers on the ground. Policies
have been set on a park-by-park or forest-by-forest basis.
In 2011, the Park Service was updating its approach to wilderness management and called for,
and eventually determined appropriate, a general ban on fixed anchors in official wilderness,
and potential wilderness, found in the parks.
The establishment of bolt-intensive face climbs is considered incompatible with wilderness
preservation and management due to the concentration of human activity which they support,
and the types and levels of impacts associated with such routes. Climbing management
strategies will address ways to control, and in some cases reduce, the number of fixed
anchors to protect the park’s wilderness resources or to preserve the “untrammeled,”
“undeveloped,” and “outstanding opportunities for solitude” qualities of the park’s wilderness
character. -- Director's Order 41, adopted May 2013.
III. Support and Opposition
Support
H.R 1380 is supported by the Access Fund, a rock-climbing advocacy group which advocates
for “access and conservation of the climbing environment”. Their position is that “Climbers have
always relied on the legal and conditional use, placement, and maintenance of bolts and other
fixed anchors. These anchors help keep these areas pristine, while still allowing climbers to
safely ascend and descend technical routes. The Protect America’s Rock Climbing Act would
bring consistency to federal management of climbing in Wilderness areas across land
management agencies, including the management of fixed anchors, bolts, and other hardware.”
Proponents like the American Alpine Club argue that fixed anchors allow for increased access
to a broader skill level, and that the climbers and guides themselves can self-regulate, and are
thoughtful stewards of the route and the rock. According to the Outdoor Recreation Roundtable
“The Protect America’s Rock Climbing Act will ensure climbing guides are able to continue
providing exceptional outdoor experiences for the public at a time when more and more
Americans are seeking to experience the enjoyment, challenge, and connection to the natural
world that is unique to rock climbing in wilderness areas. The American Mountain Guides
Association thanks Representatives John Curtis and Joe Neguse for introducing this important
legislation.”
Opposition
H.R. 1380 is opposed by the U.S. Forest Service, National Parks Service, and the Department
of the Interior, and locally by the Eagle Summit Wilderness Alliance (Attachment A), Wilderness
Watch, and other wilderness advocates and citizens including climbers, as antithetical to the
intent of the Wilderness Act. The opposition viewpoint is that HR 1380 would allow for a
disturbance of Wilderness values including mechanized equipment, noise, man-made
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Town of Vail Page 3
apparatus, and disturbance to wildlife in the last remaining truly wild places, comprising only 2.7
% of the land area in the lower 48 states. Because sport bolting requires drilling and results in
permanent fixtures that then need to be maintained, sheer rock faces and cliffs that are nesting
sites, habitat and final refuges for raptors and bighorn sheep would be potentially made
unusable as more user groups access these areas at increasing numbers. While it’s true that
some bolts in Wilderness areas were placed before 1964 and may now be unsafe, the PARC
Act allows for new permanent installations that would change the nature of use and impact the
value of solitude in designated Wilderness. Sport climbing is available in all other public lands.
IV. Staff Recommendation
Should the Vail Town Council be interested in taking a position on this bill, staff recommends
the Council oppose H.R. 1380 and forward a letter of opposition (Attachment B) to
congressional leadership.
VI. Attachments
A. Eagle Summit Wilderness Alliance input
B. Draft letter to Congressmen
91
OPPOSITION TO PARC ACT – SPORT BOLTING IN WILDERNESS
BULLET POINTS FOR WRITING CONGRESSPERSONS
I strongly oppose the “Protect America’s Rock Climbing Act” (“PARC Act,”
H.R. 1380)
The PARC Act would allow sport climbers to drill permanent metal anchors
into Wilderness mountainsides and cliffs, leaving visual evidence of human
development and drawing more climbers to sensitive and remote locations.
The PARC Act would weaken the 1964 Wilderness Act to appease the
climbing preferences of a small but vocal group of recreationists.
The 1964 Wilderness Act protects less than 3% of our nation’s precious
public lands in the lower 48 States.
Fixed (i.e. permanent) climbing anchors are installations prohibited by the
Wilderness Act, but the PARC Act would direct federal agencies to allow their
use in Wilderness. It’s a backdoor approach to statutory amendment that
even the Forest Service and Department of Interior oppose.
In a hearing on the bill, the Forest Service stated that “creating new
definitions for allowable uses in wilderness areas, as [the PARC Act] would
do, has the practical effect of amending the Wilderness Act, which could have
serious and harmful consequences for the management of wilderness areas
across the nation.”
PARC Act sends a loud message that recreation interests are more important
than Wilderness preservation. That’s a slippery slope.
Climbing is already allowed in Wilderness. Installing fixed bolts to climb,
instead of using removable protection, is unnecessary. Climbers shouldn’t
climb faces in Wilderness that they can’t climb without fixed protection.
The PARC Act is the proverbial crack in the Wilderness Act’s armor, opening
the Act to demands from other recreational interest groups such as mountain
bikers and drone enthusiasts.
Stressors on wildlife and the natural world from human incursion, climate
change, are increasing.
Wildlife – including Colorado’s state mammal, the iconic Rocky Mountain
bighorn sheep – are struggling under the pressure of human incursion. Their
numbers are dwindling.
Mother bighorns require protected, undisturbed rock faces to raise their
lambs – sport bolting these faces would bring human disturbance into these
critical refuges.
Wildlife has nowhere left to go. With every “user group” demand, their refuge
grows smaller.
Even though there are ample bolted routes outside of Wilderness, the Access
Fund—the group behind the PARC Act—wants more.
The Wilderness Act doesn’t need more exceptions. Wilderness, and all those
who depend upon it for survival, need our restraint now more than ever.
92
July 18, 2023
Congressman Joe Neguse
2400 Rayburn HOB
Washington, DC 20515
Dear Congressman Neguse,
On behalf of the Town Council of the Town of Vail, Colorado, we wish to express our strong
opposition to H.R. 1380 Protect America’s Rock Climbing Act (PARC).
As communities that are dependent upon recreation and the tourism economy, we recognize
the ever-increasing need to expand opportunities for outdoor experience. However, as stewards
of our environment we must also consistently balance the values of environmental stewardship,
public lands and wilderness values and mitigate the impacts on the environment, wildlife, and
the outdoor experience to the best of our ability.
We appreciate your steadfast support of our public lands and the expansion of wilderness in the
CORE Act. In our view, the PARC Act degrades the intent of the Wilderness Act and opens the
door for greater impact on less than 3% of our nation’s lands. We join the National Park Service,
the US Forest Service and the Department of Interior in objecting to allowing the convenience of
recreation to outweigh the wilderness values of a pristine environment, and one that protects
wildlife. Of particular concern to Vail in addition to the noise, permanent scarring and human
equipment left in the Wilderness, is the impact on wildlife, especially raptors which rely on this
very specific terrain, as well as Colorado’s state mammal, the iconic Rocky Mountain bighorn
sheep, which are struggling under the pressure of human incursion. Bighorn sheep require
protected, undisturbed rock faces for escape terrain and to raise their lambs – sport bolting
these faces would bring human disturbance into these critical refuges.
We suggest that there are ample bolted routes outside of Wilderness and that the benefits to
fixed bolting far outweigh the costs. The Wilderness Act doesn’t need more exceptions.
Wilderness, and all those who depend upon it for survival, need our restraint now more than
ever.
With gratitude for your consideration,
Kim Langmaid,
Mayor, Town of Vail on behalf of the Vail Town Council
93
From:Eagle Climbing + Fitness
To:Council Dist List
Subject:PARC Act Agenda Item
Date:Tuesday, July 18, 2023 4:40:13 PM
Greetings Vail Town Council,
We are saddened to hear of your stance on the Protect America’s Rock Climbing (PARC) Act.
The Town of Vail is home to the world-renowned East Vail ice climbing routes. This ice
climbing mecca draws people from all over the globe. And although it’s not a designated
Wilderness area like the Diamond of Longs Peak or El Capitan or Joshua Tree’s Wonderland
of Rocks, East Vail does have bolted anchors just those iconic locations, and climbers of all
ages and abilities rely on those anchors for safety.
The Town of Vail has been a host to many Bouldering World Cups and North American Cup
series events during the past 15 years, and Eagle County has long been known for rock
climbing with Camp Hale being the training ground for our country’s soldiers to learn rock
climbing skills to help us win World War II. We would like to continue to perpetuate this
welcoming reputation in our county and to foster the growth of the Olympic sport of rock
climbing.
Wilderness areas are special and deserve the special levels of protection provided by the
Wilderness Act. In your opposition letter, you state, “We suggest that there are ample bolted
routes outside of Wilderness”, and this bill would not enable the development of sport
climbing destinations in Wilderness areas. It is not a revision to the Wilderness Act, it simply
maintains the status quo that rock climbing is allowed in Wilderness areas. Environmental
protection and sustainable climbing access are not mutually exclusive. The PARC Act is
focused on establishing consistency in how different federal land agencies manage Wilderness
climbing and codify the long-standing federal policy that climbing activities, including the
conditional use, placement, and maintenance of climbing anchors, are appropriate uses of
America’s Wilderness areas. Right now, the different agencies have radically different
policies, which breeds confusion at all levels.
In your opposition letter, you also state your concern for the raptor and Bighorn sheep
populations in Wilderness areas. Hopefully it is a comfort to you that climbers are very
accustomed to following closure orders due to nesting raptors. This summer, two of our local
climbing areas are affected by raptor closures, and the climbing community has responded
with great support. As previously noted, the PARC Act is not promoting sport bolting in
Wilderness areas. Sparingly placing bolts for anchors is very different than sport bolting a new
crag. The crags that Bighorn sheep choose to utilize for escape terrain are also significantly
different than crags chosen by rock climbers. You also mentioned the concern for noise
pollution from drilling fixed anchors. The Wilderness Act prohibits the use of machine
powered equipment and drills in Wilderness areas, and this would not change with the PARC
act. The PARC Act simply recognizes climbing as a legitimate activity in Wilderness areas
and protects’ climbers’ ability to sparingly place bolts with a hand drill only.
We are grateful for your efforts in environmental stewardship and preservation, but we feel
that your public stance on this bill is based on misguided information.
Sincerely,
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Larry + Courtney Moore
Owners, Eagle Climbing + Fitness
Owner, Adventure Travel Guides International
Board Member, Eagle County Climbing Coalition
95
From:Ellen Miller
To:Council Dist List
Subject:Please oppose the PARC Act
Date:Thursday, July 13, 2023 10:31:34 AM
To the Vail Town Council,
First of all, thank you for your service to our community and for your past recognition of my volunteerism
on behalf of trails and wildlife in the Vail Valley. As most of you know, I am a passionate
mountaineer/climber, thus I write to express my concerns and opposition to the mis-named PARC Act.
Wilderness is sacred to all of us, it's our responsibility to keep it pristine and wild for generations to come.
The PARC Act is overstepping by a few climbers who are supported by the Access Fund.
People have been climbing in the Gore Range and Holy Cross Wilderness for decades without the use of
artificial protection/fixed anchors, (bolts), that is the true spirit of mountaineering. The Wilderness Act
passed by Congress in 1964 banned "permanent installations." Fixed anchors (bolts) are installations and
therefore should be prohibited. The Access Fund states that climbers will only use hand drills,
however mechanical drills are easy and fast to use, and I anticipate climbers will use them, although the
wilderness act clearly also prohibits mechanized tools or machinery of any type. To me, "clean
climbing" techniques should be the norm in wilderness and I urge you to support this
stance. There are ample areas for sport climbing/fixed anchor climbing outside of
wilderness. Additionally, Section 4(c) of the Wilderness Act states, "except as necessary to meet
minimum requirements for the administration of the area for the purpose of this Act [...] there shall be
[...] no structure or installation within any such area." It is my belief that the minimum requirements for
climbing within wilderness are "clean climbing" techniques without the use of permanent installations.
I invite you to review Section 2(c) of the 1964 Wilderness Act:
"A wilderness, in contrast with those areas where man and his works dominate
the landscape, is hereby recognized as an area where the earth and its
community of life are untrammeled by man, where man himself is a visitor who
does not remain. An area of wilderness is further defined to mean in this Act an
area of undeveloped Federal land retaining its primeval character and
influence, without permanent improvements or human habitation, which is
protected and managed so as to preserve its natural conditions and which (1)
generally appears to have been affected primarily by the forces of nature, with
the imprint of man's work substantially unnoticeable; (2) has outstanding
opportunities for solitude or a primitive and unconfined type of recreation; ..."
Please don't support giving the soul of our wilderness away. Artificial fixed anchors are trammeling by
man. I know that you all spend time in these pristine places. Please stand up to the 'chipping away' of
these sacred places.
We are blessed to have the Eagles Nest and Holy Cross Wilderness at our doorsteps. Many of us spend
a lot of time volunteering to protect these precious places. I volunteer for 3 separate trail/wilderness
organizations, including the Town of Vail as Trail Host, because I am passionate about protecting these
wilderness areas and the wildlife that inhabits them. I respectfully ask for your support on this issue.
Thank you for your consideration.
Ellen Miller
PO Box 4202
Vail, CO 81658
PS ~ A few classic climbs in Colorado, such as the Diamond on Longs Peak were established and
enjoyed by climbers long before they were declared Wilderness, and I agree that those areas should be
96
'grandfathered in' to allow climbing to continue there, however, new bolting should not be allowed
anywhere in wilderness.
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AGENDA ITEM NO. 5.3
Item Cover Page
DATE:July 18, 2023
TIME:15 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 13, Series 2023, First Reading, an Ordinance of
the Town Council of the Town of Vail, Colorado Amending
Chapter 2 of Title 4 of the Vail Town Code, Regarding Alcoholic
Beverages and the Local Licensing Authority
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 13,
Series 2023 upon first reading.
PRESENTER(S):Matt Mire, Town Attorney
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
LLA-O070623.docx
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ORDINANCE NO. 13
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN
CODE, REGARDING ALCOHOLIC BEVERAGES AND THE LOCAL
LICENSING AUTHORITY
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1.Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the
addition of the following new Sections 4-2-8 and 4-2-9:
§ 4-2-8 DUTIES OF TOWN CLERK.
(A)The Town Clerk shall receive all applications for licenses and shall
issue all licenses granted by the Local Licensing Authority upon payment of
fees required and upon approval of the State Licensing Authority.
(B)The Town Clerk shall serve as the secretary of the Local Licensing
Authority, and shall provide the necessary notice of meetings and keep the
electronic recordings of all meetings.
(C)The Town Clerk is authorized to administratively approve the
following applications:
(1)Temporary permit during the time in which a transfer
application is pending;
(2)Modification to premises;
(3)Takeout or delivery permit;
(4)Open container or private event permit;
(5)Communal outdoor dining area application; and
(6)Festival permit.
(D)If there have been no violations of the Colorado Liquor or Beer Code,
or any other applicable Town ordinance, during the preceding year, and
there is no other derogatory information regarding the licensee, its partners,
officers, directors, managers, or shareholders, then the Town Clerk may
administratively approve the following applications:
(1)Renewal;
(2)Transfer of ownership;
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(3)Change of corporate status;
(4)Change of location;
(5)Merger and conversion of retail liquor store licenses into a
single liquor-licensed drugstore license;
(6)Manager registration or change of manager; and
(7)Change of trade name.
(E)The Town Clerk is also authorized to administratively approve an
application for a special event permit pursuant to C.R.S. § 44-5-101, et seq.,
provided that the following conditions are satisfied, and further provided that
the Town Clerk may refer any special event permit application to the
Authority in the Town Clerk's sole discretion:
(1)The event is a repeat of an event for which the applicant has
previously received approval from the authority in the past 12 months;
(2)The applicant has no pending liquor licensing violations, and
has had no liquor licensing violations within the preceding year; and
(3)No person has filed a written objection to said permit.
§ 4-2-9 HEARING OFFICER
(A)The Local Licensing Authority may, at the Town Council's discretion,
consist of a sole hearing officer who shall serve at the pleasure of the Town
Council.
(B)The hearing officer shall be appointed by the Town Council and may
be removed with or without cause by a majority vote of the Town Council.
The Town Council shall establish the hearing officer's compensation.
(C)The hearing officer shall be an individual over the age of 21 years
and with sufficient knowledge and expertise to apply and enforce the State
of Colorado Beer Code, Liquor Code, Special Events Code, and related
Code of Regulations. The hearing officer shall not hold any other Town
office, appointment or position, except that the Town Council may appoint
the municipal court judge as the hearing officer. Additionally, the hearing
officer shall not have any financial interest in the operation of any business
located or operating in the city that holds a license pursuant to C.R.S. § 44-
4-101,et seq., or C.R.S. § 44-3-101,et seq.
(D)The hearing officer is authorized to adopt rules of procedure and
regulations concerning the application and renewal processes, procedures
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for hearings before it, and the presentation of evidence at such hearings,
subject to applicable law.
(E)The term "hearing officer" shall be synonymous with "Local Licensing
Authority" as used throughout this Chapter.
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 Town 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 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 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of July, 2023 and a public
hearing for second reading of this Ordinance set for the 1
st day of August, 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 1st day of August, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
126
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:July 18, 2023
TIME:30 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearing
SUBJECT:An Appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code,
of the final decision of the Town of Vail Planning and
Environmental Commission on May 22, 2023, denying variances
from Section 12-6D-6 Setbacks, Vail Town Code, and Section 14-
10-4. Architectural projections, decks, balconies, steps, bay
windows and the like, Vail Town Code, in accordance with the
provisions of Section 12-17-1, Variances, Vail Town Code, to
allow variances to the required setback(s) for proposed
improvements of the eastern unit (Unit A), located at 706 Forest
Road, Lot 9, Vail Village Filing 6
SUGGESTED ACTION:Uphold, uphold with amendments, or overturn PEC's decision.
PRESENTER(S):Greg Roy, Senior Planner
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ostling Appeal Memo.pdf
Attachment A. Paul J. and Danita K. Ostling Appeal with supporting documentation, June 9, 2023.pdf
Attachment B. PEC23-0007 May 22, 2023, packet including attachments.pdf
Attachment C. PEC Results, May 22, 2023.pdf
127
TO: Town Council
FROM: Community Development Department
DATE: July 18, 2023
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision
of the Town of Vail Planning and Environmental Commission on May 22, 2023,
denying variances from Section 12-6D-6 Setbacks, Vail Town Code, and Section 14-
10-4. Architectural projections, decks, balconies, steps, bay windows and the like,
Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances,
Vail Town Code, to allow variances to the required setback(s) for proposed
improvements of the eastern unit (Unit A), located at 706 Forest Road, Lot 9, Vail
Village Filing 6. (TC23-0002)
Appellant: Paul J. and Danita K. Ostling, represented by Matthew Stovall of Stovall
Associates, P.C.
Applicant: Paul J. and Danita K. Ostling, represented by Matthew Stovall of Stovall
Associates, P.C.
Planner: Greg Roy
I. SUBJECT PROPERTY
The subject property is located at located at 706 Forest Road, Lot 9, Vail Village Filing 6.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3B Vail Town Code, the Town Council must hear and decide
appeals from any decision, determination, or interpretation by the Planning and
Environmental Commission with respect to the provisions of Title 12, Zoning Regulations,
and Title 14, Development Standards, Vail Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3B, Vail Town Code, there are three basic procedural criteria for an
appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Vail Town Code and the determinations made by
the Community Development Director, the appellants have standing as
aggrieved or adversely affected persons.
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Town of Vail Page 2
07/18/2023
A) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council, July 18, 2023, Public
Hearing was mailed on June 30th, pursuant to Section 12-3-3C-3, Vail Town
Code.
B) Timeliness of the Notice of Appeal
Section 12-3-3C-3 of the Vail Town Code requires appeals to be filed within
twenty (20) days of the decision being appealed. On or before June 12, 2023,
the appellants filed their appeals.
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Should the May 22, 2023, decision of the Planning and Environmental Commission be
upheld?
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold with
modifications, or overturn the Planning and Environmental Commission’s May 22, 2023,
decision.
V. BACKGROUND
Paul J. and Danita K. Ostling, represented by Matthew Stovall of Stovall Associates, P.C. ,
requested the review of Variances, pursuant to Section 12-17-1, Variances, Vail Town Code,
to allow variances to the required setback(s) for proposed improvements of the western unit,
(Unit A), located at 706 Forest Road, Lot 9, Vail Village Filing 6. (PEC23-0007)
On May 22, 2023, the Planning and Environmental Commission held a public hearing on the
Variance application and voted 7-0 to deny the application, finding that the application failed
to meet required criteria #2 and #4.
VI. APPLICABLE DOCUMENTS
The applicable Code section is Vail Town Code, Title 12, Section 12-17-6 Criteria and Findings
of the Vail Town Code, as linked below.
https://codelibrary.amlegal.com/codes/vailco/latest/vail_co/0-0-0-11916
VII. DISCUSSION ITEM
Should the May 22, 2023, decision of the Planning and Environmental Commission be
upheld?
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Town of Vail Page 3
07/18/2023
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold
with modifications, or overturn the Planning and Environmental Commission’s May 22, 2023,
decision. The Town Council must act by motion, with such motion to be approved by a majority
of those present.
Should the Vail Town Council choose to uphold the decision of the Planning and
Environmental Commission, the following motion is recommended:
“I move that the Town Council uphold the May 22, 2023, decision of the Planning and
Environmental Commission, because the PEC properly determined that the Variance
application did not comply with Title 12, Section 12-17-6 Criteria and Findings of the Vail
Town Code, specifically criterion number two and criterion number four.”
Should the Vail Town Council choose to overturn the decision of the Planning and
Environmental Commission, the following motion is recommended:
"I move that the Town Council overturn the May 22, 2023, decision of the Planning and
Environmental Commission, because the submitted Variance application complies with
the Title 12, Section 12-17-6, of the Vail Town Code, finding the application meets the
required criteria.”
IX. ATTACHMENTS
A. Paul J. and Danita K. Ostling Appeal with supporting documentation, June 9, 2023
B. PEC23-0007 May 22, 2023, packet including attachments
C. PEC Results, May 22, 2023
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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.Main Agenda
3.1
A request for the review of variances from Section 12-
6D-6 Setbacks, Vail Town Code, and Section 14-10-4
Architectural Projections, Decks, Balconies, Steps, Bay
Windows, Etc., Vail Town Code in accordance with the
provisions of Section 12-17-1, Variances, Vail Town
Code, to allow variances to the required setback(s) for
proposed improvements of the eastern unit (Unit A),
located at 706 Forest Road, Lot 9, Vail Village Filing 6,
and setting forth details in regard thereto. (PEC23-
0007)
Planner: Jonathan Spence
Applicant Name: Paul and Danita Ostling, represented by
Stovall Associates
4.Approval of Minutes
4.1 PEC Results 5-8-23
5.Information Update
6.Adjournment
PLANNING AND ENVIRONMENTAL COMMISSION MEETING
Agenda
Vail Town Council Chambers
1:00 PM, May 22, 2023
Forest_Road_706_Staff Memo.pdf
A. Applicant’s Narrative, Revised May 15, 2023 .pdf
B. PEC19-0010 April 22, 2019 packet with attachments .pdf
C. PEC19-0010 May 13, 2019 packet with attachments .pdf
D. PEC meeting minutes April 22, 2019 .pdf
E. PEC meeting minutes May 13, 2019.pdf
PEC_Results_5-8-23.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
1178
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.
2179
AGENDA ITEM NO. 3.1
Item Cover Page
DATE:May 22, 2023
SUBMITTED BY:Loan Nguyen, Community Development
ITEM TYPE:Main Agenda
AGENDA SECTION:Main Agenda
SUBJECT:
A request for the review of variances from Section 12-6D-6
Setbacks, Vail Town Code, and Section 14-10-4 Architectural
Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail
Town Code in accordance with the provisions of Section 12-17-
1, Variances, Vail Town Code, to allow variances to the
required setback(s) for proposed improvements of the eastern
unit (Unit A), located at 706 Forest Road, Lot 9, Vail Village
Filing 6, and setting forth details in regard thereto. (PEC23-
0007)
SUGGESTED ACTION:
PLANNING AND ENVIRONMENTAL COMMISSION AGENDA ITEM REPORT
ATTACHMENTS:
Forest_Road_706_Staff Memo.pdf
A. Applicant’s Narrative, Revised May 15, 2023 .pdf
B. PEC19-0010 April 22, 2019 packet with attachments .pdf
C. PEC19-0010 May 13, 2019 packet with attachments .pdf
D. PEC meeting minutes April 22, 2019 .pdf
E. PEC meeting minutes May 13, 2019.pdf
3180
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 22, 2023
SUBJECT: A request for the review of variances from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4 Architectural Projections, Decks, Balconies, Steps,
Bay Windows, Etc., Vail Town Code in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow variances to the required
setback(s) for proposed improvements of the eastern unit (Unit A), located at 706
Forest Road, Lot 9, Vail Village Filing 6, and setting forth details in regard
thereto. (PEC23-0007)
Applicant: Paul and Danita Ostling, represented by Stovall and Associates,
P.C.
Planner: Jonathan Spence
I. SUMMARY
Paul and Danita Ostling, represented by Stovall and Associates, P.C., are requesting
the review of a variance from Section 12-6D-6 Setbacks, Vail Town Code in accordance
with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for
variances to the front and side setback to facilitate a proposed addition to the east unit,
located at 706 Forest Road Units A /Lot 9, Vail Village Filing 6.
Based upon staff’s review of the criteria outlined in Section VII of this memorandum,
and the evidence and testimony presented, the Community Development Department
recommends denial of this application, subject to the findings noticed in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is requesting the review of a variance from Section 12-6D-6: Setbacks, in
accordance with the provisions of Section 12-17-1 Variances, Vail Town Code, to allow
for a variance from the front and side setback requirements to facilitate a 71 square foot
addition to the east unit. The renderings below illustrate the existing and proposed
condition while the site plan excerpt demonstrates the requested setback relief:
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Town of Vail Page 2
Existing
Proposed
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Town of Vail Page 3
Proposed Setback for Addition
The variances requested are summarized below:
Variance Request Summary
Dimensional Criteria Required Proposed
East Unit - Primary Unit
2nd Level – GRFA
addition front setback 20' 9.4'
2nd Level – GRFA
addition side setback 15’ 14.8’
6183
Town of Vail Page 4
Applicant’s Narrative (Attachment A), PEC19-0010 April 22, 2019 packet with
attachments (Attachment B) PEC19-0010 May 13, 2019 packet with attachments
(Attachment C), PEC meeting minutes April 22, 2019 (Attachment D) and PEC meeting
minutes May 13, 2019, (Attachment E) are attached for review.
III. BACKGROUND
The parcel at 706 Forest Road was annexed into the Town of Vail by court order in
August of 1966. Based on a staff report written in 1998, the existing duplex was
constructed at the north edge of the lot in 1980, at a time when the front yard setback
requirement was 10’ due to the steep slopes. The code subsequently changed, and the
duplex is therefore a legally nonconforming structure.
A variance for the front yard setback was granted in June of 1998. The variance allowed
for the enclosure of an existing deck and did not extend the building footprint further into
the 9’ setback. The PEC placed a condition on the grant of this variance that states,
“The applicant shall maintain a limit of disturbance line as shown on the site plan. No
building additions shall be allowed beyond this line in the future. This limit of disturbance
and any associated variances will become obsolete if the duplex is demolished and
rebuilt.”
In March of 2000, another variance was granted. The new variance permitted a trash
enclosure located underneath an existing deck. The side setback was decreased to 6’
from 15’. A variance was also granted for an entryway that did not extend past the
footprint of the existing building in the front yard setback. The PEC placed a condition
on the grant of this variance that states, “a limit of disturbance be established at the rear
of the unit and no development is to occur beyond this line in the future.”
In 2019 a variance application was submitted for both the east and west units (PEC19-
0010). This application requested setback relief for improvements for the eastern unit
that was to be remodeled and the western unit that was to be demolished and replaced
with new construction. This application was heard before the Planning and
Environmental Commission on April 22, 2019, where, after deliberation, it was
continued to the May 13, 2019 meeting. As a result of feedback from the April meeting,
the application was significantly amended to reduce the scope of the variance requests.
The revised request no longer included relief for the new home (west unit) and the
requests for the east unit were modified and reduced. The relief sought with this current
request, PEC23-0009, was included in the original request in 2019 but removed from
the revised and ultimately approved application. It should also be noted that one of the
mitigating factors in the approved application was the removal of approximately 70
square feet of existing GRFA from within the front setback, bringing the property into
greater conformance with current regulations. Please see the provided attachments for
greater detail on the 2019 project.
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IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 – Zoning Regulations, Vail Town Code
Chapter 6, Article D, Two-Family Primary/Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards. (Ord. 29(2005) § 23: Ord.
30(1977) § 2)
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15'). (Ord. 50(1978) § 2)
Chapter 12-17, Variances (in part)
12-17-1: PURPOSE:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of a
site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical limitations,
street locations or conditions in the immediate vicinity. Cost or inconvenience to the
applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to
the development standards prescribed for each zone district, including lot area and
site dimensions, setbacks, distances between buildings, height, density control,
building bulk control, site coverage, usable open space, landscaping and site
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development, and parking and loading requirements; or with respect to the
provisions of chapter 11 of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each zone district because the flexibility necessary to
avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, “Amendment”, of this title.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
Within twenty (20) days of the closing of a public hearing on a variance application, the
planning and environmental commission shall act on the application. The commission
may approve the application as submitted or may approve the application subject to
such modifications or conditions as it deems necessary to accomplish the purposes of
this title, or the commission may deny the application. A variance may be revocable,
may be granted for a limited time period, or may be granted subject to such other
conditions as the commission may prescribe.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, and
public safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same
zone district.
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2. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not generally apply to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
V. ZONING AND SITE ANALYSIS
Address: 706 Forest Road A and B
Legal Description: Vail Village Filing 6,
Block 1, Lot 9
Zoning: Two-Family Primary/Secondary
Residential
Land Use Plan Designation: Low
Density Residential
Current Land Use: Duplex
Geological Hazards: Steep Slopes
Standard Allowed / Required PS Existing** Proposed
Site Area Min. 14,000 sq. ft. 58496.7 No Change
Setbacks 1
Front – 20’
Side – 15’
Rear – 15’
Front – 4’
Side(W) – 15’
Side(E) – 4’
Rear – >200’
Front-9.4’
Side 14.8’
Height Flat or Mansard Roof – 30’
Sloping Roof – 33’ 33’ 33’
Density 2 DUs 2 DUs No change
GRFA
Max 10,160 sf
6,096 sf (primary)
4,064 sf (secondary)
NA 4,259 sf (primary)
4,059 sf (secondary)
Site Coverage 20%/11,699 sf 6.6%/3,866 sf 7%, 4,119 sf
Parking/Loading ≤2,000 GRFA=2 spaces
2,000≥4,000 GRFA=3 spaces 4 covered spaced No change
Landscaping Min. 60% of site area or > 60%
**Portions of the existing home have greater existing nonconformities than the
proposed variance request.
1 Existing setbacks are a rough approximation based on the closest condition.
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VI. SURROUNDING LAND USES AND ZONING
706 Forest Road is situated in the middle of a Primary/Secondary Residential Zoning
neighborhood. The underlying land-use for the PS zoning district is Low-Density
Residential. The map demonstrates general uniformity within this PS district. The lots on
the south side of Forest Road are narrow and long. They also have steep slopes in
common with one another. The properties on the north side of Forest Road are also
narrow, but not as long and do not share steep slopes as a feature.
The homes along both sides of the street are close to their front property lines. The
homes on the south side are located towards the street due to the steep slopes toward
the rear of the lots.
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
706 Forest Road Zoning Map
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While the proposed addition will exacerbate existing nonconforming setbacks,
relative to the overall size of the existing duplex and nonconforming nature, staff
finds that the proposed additions will not have a detrimental impact to other existing
or potential uses and structures in the vicinity.
Prior to any final approval, the final design will need to receive approval from the
Design Review Board.
Therefore, staff finds that the proposed variances conform to this criterion.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
The proposed addition will exacerbate the existing nonconforming setbacks. As
discussed in Section VI, this lot is not unique among sites in the vicinity. The
abutting properties share similar lot constraints, size, and topography. Therefore,
staff finds that there is not sufficient evidence or hardship unique to this lot to
support the grant of variances for the proposed addition. The grant of variances is
not necessary to achieve compatibility and uniformity of treatment among sites in
the vicinity.
The established intent of Chapter 18, Nonconforming Sites, Uses, Structures and
Site Improvements is to limit the number and extent of nonconformities. The 2019
revised request was largely compatible with this intent through the removal of
existing GRFA from within the front setback. The granting of this request, without an
established hardship, would undo that progress.
A variance is not necessary to achieve uniform treatment among sites in the vicinity
and this proposal will result in a grant of a special privilege.
Staff finds the proposed variance does not meet this criterion.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
The proposed variance will facilitate the remodel of an existing duplex and will not
increase the density on the lot. Additional parking requirements will not be triggered.
Therefore, the proposal is not expected to alter the population; will not affect any
existing transportation or traffic facilities, public facilities, or utilities; and will not
affect public safety in comparison to existing conditions.
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Therefore, staff finds the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum
and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission deny a
variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17-1, Variances, Vail Town Code to allow variances to the
required setback(s) for proposed improvements of the eastern unit (Unit A), located
at 706 Forest Road, Lot 9, Vail Village Filing 6, and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission
pass the following motion:
“The Planning and Environmental Commission denies the applicant’s request for a
variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17-1, Variances, Vail Town Code, to allow variances to the
required setback(s) for proposed improvements of the eastern unit (Unit A), located
at 706 Forest Road, Lot 9, Vail Village Filing 6, and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to deny this variance,
the Community Development Department recommends the Commission make the
following findings:
“Based upon the review of the criteria outlined in Section VII of the staff
memorandum to the Planning and Environmental Commission dated May 22, 2023,
and the evidence and testimony presented, the Planning and Environmental
Commission finds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the surrounding
Primary/Secondary Residential (PS) District;
2. The granting of these variances will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity; and
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3. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code;
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to
other properties in the Primary/Secondary Residential (PS) District.”; and
c. The strict or literal interpretation and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the
owners of other properties in the Primary/Secondary Residential (PS)
District.”
Alternative Motion
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission pass the following motion:
“The Planning and Environmental Commission approves the applicant’s request for
a variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17-1, Variances, Vail Town Code, to allow variances to the
required setback(s) for proposed improvements of the eastern unit (Unit A), located
at 706 Forest Road, Lot 9, Vail Village Filing 6, and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to approve this
variance, the Community Development Department recommends the Commission
make the following findings:
“Based upon the review of the criteria outlined in Section VII of the staff
memorandum to the Planning and Environmental Commission dated May 22, 2023,
and the evidence and testimony presented, the Planning and Environmental
Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the
surrounding Primary/Secondary Residential (PS) District;
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2. The granting of these variances will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation will result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code;
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to other properties in the Primary/Secondary Residential (PS) District.”;
and
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the Primary/Secondary Residential (PS)
District.”
IX. ATTACHMENTS
A. Applicant’s Narrative, Revised May 15, 2023
B. PEC19-0010 April 22, 2019 packet with attachments
C. PEC19-0010 May 13, 2019 packet with attachments
D. PEC meeting minutes April 22, 2019
E. PEC meeting minutes May 13, 2019
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Action Form
Project Name: Ostling Residence 2023-2024 (remodel) Application Number: PEC23-0007
Application Type: Variance Date Applied: April 24, 2023
Project Description: Setback variance request for 706 FOREST RD #A
CONTACTS
Contact Type: Applicant
Full Name: Stovall Associates P.C.
Address: 175 Main Street, Suite C-109, Edwards CO 81632
Phone: 970-9494-4200
Contact Type: Property Owner
Full Name: OSTLING, PAUL J. & DANITA K.
Address:
Phone: None
Project Address:
706 FOREST RD #A
Job Site Location: B
Legal Description: Subdivision: VAIL VILLAGE FILING 6
Lot: 9A
Block: 1
Parcel Number: 2101-072-11-039
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Setback Variance
706 A# Forest Road
Submitted to the Town
of Vail:
April 24, 2023
Revised May 15, 2023
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Introduction
The applicants, Paul and Danita Ostling (the “Ostlings”), are represented by Stovall Associates
P.C. The Ostlings are requesting a variance at 706 Forest Road #A / Lot 9, Block 1, Vail Village
Filing 6 (“Unit A”) to allow for a minor remodel and an addition to the existing duplex. The
Osltings are only asking to remodel a small portion of the east half of the duplex, known as Unit
A; as such, this application does not involve the west unit at all. The requested variances are only
from Section 12-6D-6 and Section 14-10-4: Architectural Projections, Decks, Balconies, Steps,
Bay Windows, Etc. The variance at issue here only concerns extending and modifying the Level
Two (2) terrace to create an office space off the first-floor deck. The proposed variance in this
application is only for seventy-one (71) square feet; as such, it is only a tiny modification. No
changes have yet been made to Unit A. The dimensions of the variance request will be discussed
below.
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The Dimensions of the Variance
The dimensions of the variance are as follows: From new habitable space to northern property
line on the west side of proposal is 9’ -4”, From new habitable space to the northern property line
on the east side of the proposal is 9’ -11 5/8”, From new habitable space to the eastern property
line on the north side of the proposal is 14’ -9 3/8” ,From new habitable space to the eastern
property line on the south side of the proposal is 16’ -1 5/8” .
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History and Background of the Property
Lot 9 was initially platted in 1964 under Eagle County jurisdiction and subsequently annexed to
the Town of Vail in 1996. The duplex was originally constructed in 1980. The home was
constructed with a 10ft. front setback, which was allowed under the regulations in effect at the
time of construction. In the 1990s, the primary side underwent a major addition and was granted a
front setback variance by the Planning and Environmental Commission on June 8, 1998. In 2000,
the secondary side underwent a major addition, including front and side setback variances. The
duplex owners at the time did not get along, and there were major disagreements between the
owners, with years where the units did not match and each appealing the others’ approvals. The
Ostlings purchased the primary unit in 2003 and the secondary unit in 2018. As a result, the design
of the duplex can now be considered in a more comprehensive manner. In 2019 the Planning and
Environmental Commission (the “PEC”) granted the Ostlings a variance application to demolish
and remodel the two properties. The March 22, 2019, variance application is attached hereto
as Exhibit 1.
On May 8, 2023, the Ostlings received comments regarding their Variance Application for 706A
Forest Road, Ostling Residence, PEC23-0007 (the “Comments”). The variance application has
been revised to address the questions contained in the Comments.
In the Comments, the staff asked that the Ostlings state that as part of the 2019 variance
application, they had included a similar request variance request to allow for creating an office
space off the first-floor deck. However, after the initial meeting with the PEC, the 2019 variance
application provision was removed from consideration.
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Proposed Variance
As stated above, this variance application only concerns the east unit, Unit A. Unit A is 4.8 ft. from
the front property line and has approximately 885 sq. ft. of GRFA and an additional 340sq.ft.of
the garage located in the front setback. As outlined in the March 22, 2019, variance application,
the east unit, Unit A’s deck and patio encroach beyond the allowable setback for decks and patios
and roof overhangs that are enriched beyond the 4ft. allowed by code. All encroachments into the
setbacks have been granted by the PEC through variance processes. One unique feature of this
property is the distance between the front property line and the edge of the roadway. There is a
minimum of 16 ft. between the road and the property line. This is not always the case in the Town
of Vail, and in this instance, it assures that the duplex is setback a minimum of 21 ft. from the edge
of the pavement. In 2019 the east unit, Unit A, received a remodel. The dimensions of the variance
are outlined above in the Introduction paragraph. The following section outlines the current
variance request for Unit A:
A portion of the survey of the duplex at 706 Forest Road -The survey indicates the encroachments
into the setbacks, which have been approved through variances gran ted by the PEC.
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Existing Perspective:
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Unit A Final Drawing and Schematics
The dimensions of the variance are as follows: From new habitable space to northern property
line on the west side of proposal is 9’ -4”, From new habitable space to the northern property line
on the east side of the proposal is 9’ -11 5/8”, From new habitable space to the eastern property
line on the north side of the proposal is 14’ -9 3/8” ,From new habitable space to the eastern
property line on the south side of the proposal is 16’ -1 5/8”.
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Zoning Analysis
Applicant Response: There is no modification to the current zoning of Unit A.
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Criteria for Review: Variance
The criteria for review for a variance refer to the criteria provided in Section 12-17-6, Criteria and
Necessary Findings. The following section provides an analysis of the proposed variance under
these criteria:
1. The relationship between the requested variance to other existing or potential uses and
structures in the vicinity.
Applicant Response:
The West Forest Road neighborhood is zoned Primary/Secondary, with all lots allowing two
dwelling units per type ll employee housing unit. Lots along the uphill side of West Forest
Road generally follow a similar development pattern, with homes located close to the front
property line. This is primarily due to steep and relatively narrow lots. The majority of these
lots have received some degree of setback relief due to this condition. Because of this, the
proposed variance is consistent with the uses and structures, both existing and potential, in the
vicinity. The site is also adjacent to Vail Mountain, owned by USFS. The adjacent property is
located in unincorporated Eagle County and is zoned Resource Preservation. The proposed
front setback variance to Unit A will have no effect on the ski resort.
The Town of Vail Zoning Map indicates that all lots along West Forest Road are zoned
Primary/Secondary. USFS owns the adjacent property to the south, zoned “Resource
Preservation” by Eagle County.
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In the Comments, the staff also asked that the Ostlings clarify some of the discussion regarding
the variance application approvals, which 670 West Forest Road Vail, CO 81657 ("Lot 7"), 816
W Forest Rd Vail, CO 81657 ("Lots 14 and 15") and the additional building permits which were
approved for 696 W Forest Rd Vail, CO 81657 ("Lot 8"). It should be noted that the permits these
three properties have received have drastically transformed West Forest Road neighborhood from
a residential community to a commercial one, which is, unfortunately, a trend taking place
throughout the Town of Vail.
Lots 7 and 14, and 15, which are in the same neighborhood as Unit A, have all received variance
applications to better their properties. Lot 7 received a variance approval to exceed the garage
height allowable in the front setback to stack the two unit's garages. Although this setback differs
from the requested setback as it did not contain an additional Gross Residential Floor Area
(GRFA), it significantly impacted the design of Lot 7. The stacked garages allowed for more floor
space in the property and permitted Lot 7 to park more cars in the garage at once. Currently, Lot 7
is being used as a commercial co-ownership home. Attached is a link to Compass Real Estate's
website Lot 7 is listed as a co-ownership home.
https://www.compass.com/listing/670-west-forest-road-vail-co 81657/1130597088614307777/.
The view of Lot 7 from the street.
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The view of Lot 7 from the street.
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Lots 14 and 15 have also received a variance setback related to the percentage of the lot the
driveway covered. Again, while this variance request does not precisely match the requested
variance proposed by the Ostlings for Unit A, it is still relevant, as the variance application has
been granted to the benefit of Lots 14 and 15. Below are two images showing that while Lots 14
and 15 are still under construction, this new duplex will be substantial, and it is our understanding,
somewhat commercial, similar to Lot 7. If Lots 14 and 15 had yet to receive this variance from the
PEC, the properties would likely be able to be so massive. For example, on May 16, 2022, Lots 14
and 15 were granted a “bridge off of Forest Road” to accommodate the two Lots.
The view of Lots 14 and 15.
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The view of Lots 14 and 15.
Unlike Lot 7 and Lots 14 and 15, Lot 8 has not received any variances related to the current
modifications. However, a discussion of Lot 8’s approved permits is essential in this application
as it shows the discrepancy in the approvals that the Osltings’ Unit A has received compared to
Lot 8.
On August 6, 2020, Lot 8 was granted a New Construction to "add a recreational building on the
south side of the property" (the "Warming Hut").
On July 27, 2021, Lot 8 was granted the following addition:
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Below are several images showing how this July 27, 2021, approval to Lot 8 and other
improvements to Lot 8 have impacted Unit A.
Below are several images showing the improvements to Lot 8 and the impact on the Ostlings' Unit
A.
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The view from Unit A’s Driveway.
These significant changes have substantially impaired the Onstlings' view from their living room,
deck, and master bathroom. As you can also see, the Funicular from the back of Lot 8 to Lot 8's
sizable warming hut also blocks the Ostlings' view from their back patio, bedroom, and master
bathroom.
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The view from Unit A’s Living Room.
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The view from Unit A’s Deck.
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The view from Unit A’s Master Bathroom showing the Funicular.
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The view from Unit A’s Back Patio showing the Warming Hut.
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The view from Unit A’s Back Patio showing the Warming Hut.
Based on the deference, Lots 7, 14 and 15, and 8 have all been received concerning their
approved variance application. If Unit A does not obtain approval for this minor variance, an
argument could be made that the PEC acted arbitrarily and capriciously. As such, the PEC
could be liable under C.R.C.P. 106(a)(4) for abusing its discretion in approving specific
variance applications over other applications. Here, the Ostlings only ask for a variance to
extend and modify the Level Two (2) terrace to create an office space off the first-floor deck.
The variance here only concerns extending and modifying the Level Two (2) terrace to create
an office space off the first-floor deck. The proposed variance in this application is only for
seventy-one (71) square feet of additional GRFA; as such, it is only a slight modification.
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2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
along sites in the vicinity, or to attain the objectives of this title without grant of special
privilege.
Applicant Response: This criterion has two parts that are used to review variance requests. The
first is about uniformity of treatment of sites in the vicinity. As discussed above, Lots 8, Lot 7,
and Lots 14 and 15 have all received variance applications that far exceed the request outlined
in this variance application. Moreover, the staff and the Applicant have identified numerous
variances in lots in this vicinity. All of the variances have occurred on the uphill side of Forest
Road, while none have been granted on the flatter downhill side of Forest Road. It has been
recognized as far back as 1978 that the lots along the uphill side of Forest Road are
exceptionally steep and need relief from the setback requirements as a result. The following
map from the Town of Vail GIS indicates slopes in the general vicinity, with Unit A, noted:
As this map shows, the steep slopes are particular to the uphill side of Forest Road. This is
why, as the following map indicates, variances have been granted for lots with steep slopes,
while none have been granted on the flat lots on the north side of Forest Road. Blue stars
indicate sites where variances have been granted.
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The following table indicates each property that has received a variance and what the conflict
was granted for. The information was gathered from the Town of Vail GIS .
As this analysis indicates, this variance should be granted to “achieve compatibility and
uniformity of treatment among sites in the vicinity” as the language in the criteria indicates.
These uphill, steep lots with similar physical characteristics have been granted variances.
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The second part of this criteria states “or to attain the objectives of this title without grant of
special privilege.” The “or” indicates that both do not have to be met. However, in this case,
it can also be clearly demonstrated that there is no grant of special privilege. The term “special
privilege” is not defined by the Town Code, though it is a term commonly used in planning
practice. Generally, it refers to a privilege granted to one at the exclusion of others. In this case,
so many variances have been granted to properties along Forest Road clearly shows that giving
one to Unit A would not be a special privilege granted to them alone. As provided above,
multiple lots on the uphill side of Forest Road have been granted variances dating back to 1978.
These lots have received relief from the setback requirements due to steep slopes. Not granting
it to this property excludes the owners of Unit A from the rights and privileges granted to others
in the vicinity.
As indicated above, most homes along the uphill side of West Forest Road have been granted
setback variances. In all of these cases, the PEC found that this criterion had been met and that
granting these variances was not a grant of special privilege to the existence of steep slopes or
an existing structure needing to be redeveloped but located within the setback.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Applicant Response: Due to the nature of this variance, the above criterion is not necessarily
applicable to this request. There is no change to the allowable density of the property, and
therefore there is no increase to the impacts on population, transportation, utilities, and public
safety. As a result, the proposed variance complies with this criterion.
4. Such other factors and criteria as the commission deems applicable to the proposed
variance.
Applicant Response: The Applicant will address any additional comments at the Planning and
Environmental Commission hearing.
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Necessary Findings: Variance
The necessary findings for a variance refer to the findings listed in Section 12 -17-6, Criteria and
Necessary Findings. These findings are based on a review of the criteria listed above. The
following section provides an analysis of the proposed variance based on the necessary results:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone district.
Applicant Response: The granting of this variance does not constitute a grant of special
privilege whereby privileges would be granted to Unit A at the exclusion of other lots. The
numerous variances granted to homes along the uphill and extremely steep lots along Forest
Road indicate that this cannot be considered a grant of special privilege. This finding has been
addressed under Criteria 2 above.
2. That the granting of the variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Applicant Response: Based on Criteria 1 and 3 above, granting this variance would not be
detrimental to public health, safety, or welfare. Furthermore, the neighbors on both sides of
Unit A are willing to provide letters supporting the variance request. Attached with this
application is a Joint Property Owner Written Approval Letter executed by VAIL LEGACY
LLC, the owner of 706 Forest Rd #B Vail, CO 81657. The Joint Property Owner Written
Approval Letter is attached hereto as Exhibit 2.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship inconsistent
with the objections of this title.
b. There are exceptional or extraordinary circumstances or conditions applicable to
the site of the variance that do not apply generally to other properties in the same
zone district.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone district.
Applicant Response: The strict enforcement of the setback requirements severely deprives the
applicant of the privileges enjoyed by others in the same zone district. This extraordinary
circumstance applies to Unit A, and as a result, this variance is warranted.
40217
26
Adjacent Property Owners List
LSC 27 LLC BURGER, ALEXANDER S. & AMY R.
4514 COLE AVE STE 1175 113 SKYVIEW LN
DALLAS, TX, 75205-4183 NEW CANAAN, CT, 06840-6035
MILLERS LIONSHEAD LLC 716 VAILCO LLC
C/O JEFF FENTRISS PO BOX 586
14221 DALLAS PKWY STE 1000 OXFORD, FL, 34484-0586
DALLAS, TX, 75254-2946
TREE LINE LLC
C/O BECKETT, TACKETT & JETEL, PLLC
7800 N MOPAC EXPY STE 210
AUSTIN, TX, 78759-8959
OSTLING, PAUL J. & DANITA K.
235 CANOE HILL RD
NEW CANAAN, CT, 06840-3708
VAIL LEGACY LLC
3600 N CAPITAL OF TEXAS HWY STE 320
AUSTIN, TX, 78746-3314
UNITED STATES OF AMERICA
USFS
1617 COLE BLVD
LAKEWOOD, CO, 80401
41218
42219
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 22, 2019
SUBJECT: A request for the review of variances from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4 Architectural Projections, Decks, Balconies, Steps,
Bay Windows, Etc., Vail Town Code in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for variances to the front setback
and side setback to facilitate the redevelopment of both east and west units,
located at 706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting
forth details in regard thereto. (PEC19-0010)
Applicant: Paul and Danita Ostling, represented by SRI Architects and
Mauriello Planning Group
Planner: Ashley Clark
I. SUMMARY
Paul and Danita Ostling, represented by SRI Architects and Mauriello Planning Group,
are requesting the review of a variance from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4: Architectural Projections, Decks, Balconies, Steps, Bay
Windows, Etc., Vail Town Code in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for variances to the front setback of 20 feet to
facilitate the redevelopment of both east and west units, located at 706 Forest Road
Units A & B/Lot 9, Vail Village Filing 6.
Based upon staff’s review of the criteria outlined in Section VII of this memorandum,
and the evidence and testimony presented, the Community Development Department
recommends denial of this application, subject to the findings noticed in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is requesting the review of a variance from Section 12-6D-6: Setbacks
and Section 14-10-4: Architectural Projections, Decks, Balconies, Steps, Bay Windows,
Etc., Vail Town Code, in accordance with the provisions of Section 12-17-1 Variances,
Vail Town Code, to allow for a variance from the front yard setback requirements at 706
43220
Forest Road West and a variance from the front and side yard setback requirements at
706 Forest Road East.
The applicant is proposing to demolish the primary unit and rebuild a 4,189 GRFA unit,
and to remodel the secondary unit with a total of 3,978 GRFA
The variances requested are summarized below:
Variance Request Summary*
West Unit - Primary Unit (demo)
Dimensional Criteria Required Proposed
1st Level- Entry Stair front yard setback 10' 5.5'
2nd Level - Deck front yard setback 15' 11.5'
Roof front yard setback 16’ 2'
East Unit - Secondary Unit (renovation)
1st Level - GRFA front yard setback 20' 9.5'
1st Level – front entry
stairway front yard setback 10’ 1’
1st Level- column
features front yard setback 20’ 4.5’
2nd Level - GRFA front yard setback 20' 9.5'
2nd Level - deck front and side setback 5’ 7.5'
3rd level - GRFA front yard setback 20' 9.5'
roof front yard setback 16’ 1/2'
*A 20’ setback required indicates a variance from 12-6D-6, any other required setback indicates a variance from
1410-4
A Vicinity Map (Attachment A), 1998 and 2000 Variance Record (Attachment B),
Applicant’s Narrative (Attachment C), Plan Set (Attachment D) and a Letter of Support
(Attachment E) are attached for review.
III. BACKGROUND
The parcel at 706 Forest Road was annexed into the Town of Vail by court order in
August of 1966. Based on a staff report written in 1998, the existing duplex was
constructed at the north edge of the lot in 1980, at a time when the front yard setback
requirement was 10’ due to the steep slopes. The code subsequently changed and the
duplex is therefore a legally nonconforming structure.
A variance for the front yard setback was granted in June of 1998. The variance allowed
for the enclosure of an existing deck and did not extend the building footprint further into
the 9’ setback. The PEC placed a condition on the grant of this variance that states,
“The applicant shall maintain a limit of disturbance line as shown on the site plan. No
building additions shall be allowed beyond this line in the future. This limit of disturbance
Town of Vail Page 2
44221
and any associated variances will become obsolete if the duplex is demolished and
rebuilt.”
In March of 2000, another variance was granted. The new variance permitted a trash
enclosure located underneath an existing deck. The side setback was decreased to 6’
from 15’. A variance was also granted for an entryway that did not extend past the
footprint of the existing building in the front yard setback. The PEC placed a condition
on the grant of this variance that states, “a limit of disturbance be established at the rear
of the unit and no development is to occur beyond this line in the future.”
No additional variance applications have been pursued since 2000 for this property.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 – Zoning Regulations, Vail Town Code
Chapter 6, Article D, Two-Family Primary/Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards. (Ord. 29(2005) § 23: Ord.
30(1977) § 2)
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15'). (Ord. 50(1978) § 2)
Chapter 12-17, Variances (in part)
12-17-1: PURPOSE:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
Town of Vail Page 3
45222
unnecessary physical hardship may result from the size, shape, or dimensions of a
site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical limitations,
street locations or conditions in the immediate vicinity. Cost or inconvenience to the
applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to
the development standards prescribed for each zone district, including lot area and
site dimensions, setbacks, distances between buildings, height, density control,
building bulk control, site coverage, usable open space, landscaping and site
development, and parking and loading requirements; or with respect to the
provisions of chapter 11 of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each zone district because the flexibility necessary to
avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, “Amendment”, of this title.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
Within twenty (20) days of the closing of a public hearing on a variance application, the
planning and environmental commission shall act on the application. The commission
may approve the application as submitted or may approve the application subject to
such modifications or conditions as it deems necessary to accomplish the purposes of
this title, or the commission may deny the application. A variance may be revocable,
may be granted for a limited time period, or may be granted subject to such other
conditions as the commission may prescribe.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Town of Vail Page 4
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4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone district.
2. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not generally apply to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
V. ZONING AND SITE ANALYSIS
Address:706 Forest Road A and B
Legal Description:Vail Village Filing 6,
Block 1, Lot 9
Zoning:Two-Family Primary/Secondary
Residential
Land Use Plan Designation:Low
Density Residential
Current Land Use:Duplex
Geological Hazards:Steep Slopes
Standard Allowed / Required PS Existing Proposed
Site Area Min. 14,000 sq. ft. 58496.7 No Change
Setbacks1
Front – 20’
Side – 15’
Rear – 15’
Front – 4’
Side(W) – 3’
Side(E) – 4’
Rear – >200’
See Variance Request
Table above
Height Flat or Mansard Roof – 30’
Sloping Roof – 33’
33’ 33’
Density 2 DUs 2 DUs No change
Town of Vail Page 5
47224
GRFA Max 8,167 sf
4,189 sf (primary)
3,978 sf (secondary)
NA
8,167 sf**
4,189 sf (primary)
3,978 sf (secondary)
Site Coverage 20%/11,699 sf 6.6%/3,866 sf 7%, 4,119 sf
Parking/Loading ,000 GRFA=3 spaces
4 covered spaced No change
Landscaping Min. 60% of site area or > 60%
VI. SURROUNDING LAND USES AND ZONING
706 Forest Road is situated in the middle of a Primary/Secondary Residential Zoning
neighborhood. The underlying land-use for the PS zoning district is Low-Density
Residential. The map demonstrates general uniformity within this PS district. The lots on
the south side of Forest Road are narrow and long. They also have steep slopes in
common with one another. The properties on the north side of Forest Road are also
narrow, but not as long and do not share steep slopes as a feature.
The homes along both sides of the street are close to their front property lines. The
homes on the south side are located towards the street due to the steep slopes toward
the rear of the lots.
Town of Vail Page 6
48225
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
While the proposed additions and projections will exacerbate existing nonconforming
setbacks, relative to the overall size of the existing duplex and nonconforming
nature, staff finds that the proposed additions will not have a detrimental impact to
other existing or potential uses and structures in the vicinity. The direct abutter to the
east at 696 Forest Road submitted a letter in support of the variance (Exhibit E).
Prior to any final approval, the final design will need to receive approval from the
Design Review Board.
Therefore, staff finds that the proposed variances conform to this criterion.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
The proposed additions and projections will result in an exacerbation of the existing
nonconforming setbacks. As discussed in Section VI, this lot is not unique among
sites in the vicinity. The abutting properties share similar lot constraints, size and
topography. Therefore, staff finds that there is not sufficient evidence or hardship
unique to this lot to support that the grant of variances for redevelopment of this
property. The grant of variances is not necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity.
Archived PEC minutes indicate a desire to bring nonconforming decks and
projections into conformance, as evidenced by conditions imposed both on the
subject property, as well as properties within the vicinity that condition conformance
to the setback standards upon redevelopment.
A variance is not necessary to achieve uniform treatment among sites in the vicinity
and this proposal will result in a grant of a special privilege.
Staff finds the proposed variance does not meet this criterion.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Town of Vail Page 7
49226
The proposed variance will facilitate the redevelopment of an existing duplex and will
not increase the density on the lot. Additional parking requirements will not be
triggered. Therefore, the proposal is not expected to alter the population; will not
affect any existing transportation or traffic facilities, public facilities, or utilities; and
will not affect public safety in comparison to existing conditions.
Therefore, staff finds the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum
and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission deny a
variance from Section 12-6D-6 Setbacks, Vail Town Code, and Section 14-10-4
Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town
Code in accordance with the provisions of Section 12-17-1, Variances, Vail Town
Code to allow for a variance to front- and side-yard setbacks to facilitate the
redevelopment of an existing duplex, located at 706 Forest Road Units A & B/Lot 9,
Vail Village Filing 6, Block 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission
pass the following motion:
“The Planning and Environmental Commission denies the applicant’s request for a
variance from Section 12-6D-6 Setbacks, Vail Town Code, and 14-10-4 Architectural
Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to
allow for a variance to the required front and side setbacks as presented to facilitate
the redevelopment of a two-family residence, located at 706 Forest Road Units A &
B/Lot 9, Vail Village Filing 6, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance,
the Community Development Department recommends the Commission make the
following findings:
“Based upon the review of the criteria outlined in Section VII of the staff
memorandum to the Planning and Environmental Commission dated April 8, 2019,
and the evidence and testimony presented, the Planning and Environmental
Commission finds:
Town of Vail Page 8
50227
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the surrounding
Primary/Secondary Residential (PS) District.;
2. The granting of these variances will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code;
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to
other properties in the Primary/Secondary Residential (PS) District.”; and
c. The strict or literal interpretation and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the
owners of other properties in the Primary/Secondary Residential (PS)
District.”
IX. ATTACHMENTS
A. Vicinity map
B. 1998 and 2000 Variance Record
C. Applicant’s Narrative 3/25/2019
D. Plan Set 3/22/2019
E. Letter of Support from 696 Forest Road 3/26/2019
Town of Vail Page 9
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81258
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 13, 2019
SUBJECT: A request for the review of variances from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4 Architectural Projections, Decks, Balconies, Steps,
Bay Windows, Etc., Vail Town Code in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for variances to the front setback
and side setback to facilitate the redevelopment of both east and west units,
located at 706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting
forth details in regard thereto. (PEC19-0010)
Applicant: Paul and Danita Ostling, represented by SRI Architects and
Mauriello Planning Group
Planner: Ashley Clark
Paul and Danita Ostling, represented by SRI Architects and Mauriello Planning Group,
are requesting the review of a variance from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4: Architectural Projections, Decks, Balconies, Steps, Bay
Windows, Etc., Vail Town Code in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to facilitate the redevelopment of both east and west units,
located at 706 Forest Road Units A & B/Lot 9, Vail Village Filing 6.
At the April 22, 2019 hearing the PEC heard a staff presentation and a presentation
from the applicant. During deliberation, the applicant requested to table the hearing to
the May 13, 2019 hearing. The applicant has since significantly altered their application
and have removed all variances requested for the west side unit. The proposal requires
two variances for the east side unit: (1) for the front entry relocation and (2) the roof
pitch change over the third cantilever. Neither requested variance will not further
exacerbate existing setback conditions.
While staff appreciates the effort on the applicant’s part to reduce the variance, design
is not contemplated under the criteria for the review of a variance request. Staff’s
previous analysis in and finding recommending denial in the memorandum to the PEC
dated 4-22-2019 of the variance remains.
82259
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 22, 2019
SUBJECT: A request for the review of variances from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4 Architectural Projections, Decks, Balconies, Steps,
Bay Windows, Etc., Vail Town Code in accordance with the provisions of Section
12-17-1, Variances, Vail Town Code, to allow for variances to the front setback
and side setback to facilitate the redevelopment of both east and west units,
located at 706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting
forth details in regard thereto. (PEC19-0010)
Applicant: Paul and Danita Ostling, represented by SRI Architects and
Mauriello Planning Group
Planner: Ashley Clark
I. SUMMARY
Paul and Danita Ostling, represented by SRI Architects and Mauriello Planning Group,
are requesting the review of a variance from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4: Architectural Projections, Decks, Balconies, Steps, Bay
Windows, Etc., Vail Town Code in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for variances to the front setback of 20 feet to
facilitate the redevelopment of both east and west units, located at 706 Forest Road
Units A & B/Lot 9, Vail Village Filing 6.
Based upon staff’s review of the criteria outlined in Section VII of this memorandum,
and the evidence and testimony presented, the Community Development Department
recommends denial of this application, subject to the findings noticed in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is requesting the review of a variance from Section 12-6D-6: Setbacks
and Section 14-10-4: Architectural Projections, Decks, Balconies, Steps, Bay Windows,
Etc., Vail Town Code, in accordance with the provisions of Section 12-17-1 Variances,
Vail Town Code, to allow for a variance from the front yard setback requirements at 706
83260
Forest Road West and a variance from the front and side yard setback requirements at
706 Forest Road East.
The applicant is proposing to demolish the primary unit and rebuild a 4,189 GRFA unit,
and to remodel the secondary unit with a total of 3,978 GRFA
The variances requested are summarized below:
Variance Request Summary*
West Unit - Primary Unit (demo)
Dimensional Criteria Required Proposed
1st Level- Entry Stair front yard setback 10' 5.5'
2nd Level - Deck front yard setback 15' 11.5'
Roof front yard setback 16’ 2'
East Unit - Secondary Unit (renovation)
1st Level - GRFA front yard setback 20' 9.5'
1st Level – front entry
stairway front yard setback 10’ 1’
1st Level- column
features front yard setback 20’ 4.5’
2nd Level - GRFA front yard setback 20' 9.5'
2nd Level - deck front and side setback 5’ 7.5'
3rd level - GRFA front yard setback 20' 9.5'
roof front yard setback 16’ 1/2'
*A 20’ setback required indicates a variance from 12-6D-6, any other required setback indicates a variance from
1410-4
A Vicinity Map (Attachment A), 1998 and 2000 Variance Record (Attachment B),
Applicant’s Narrative (Attachment C), Plan Set (Attachment D) and a Letter of Support
(Attachment E) are attached for review.
III. BACKGROUND
The parcel at 706 Forest Road was annexed into the Town of Vail by court order in
August of 1966. Based on a staff report written in 1998, the existing duplex was
constructed at the north edge of the lot in 1980, at a time when the front yard setback
requirement was 10’ due to the steep slopes. The code subsequently changed and the
duplex is therefore a legally nonconforming structure.
A variance for the front yard setback was granted in June of 1998. The variance allowed
for the enclosure of an existing deck and did not extend the building footprint further into
the 9’ setback. The PEC placed a condition on the grant of this variance that states,
“The applicant shall maintain a limit of disturbance line as shown on the site plan. No
building additions shall be allowed beyond this line in the future. This limit of disturbance
Town of Vail Page 2
84261
and any associated variances will become obsolete if the duplex is demolished and
rebuilt.”
In March of 2000, another variance was granted. The new variance permitted a trash
enclosure located underneath an existing deck. The side setback was decreased to 6’
from 15’. A variance was also granted for an entryway that did not extend past the
footprint of the existing building in the front yard setback. The PEC placed a condition
on the grant of this variance that states, “a limit of disturbance be established at the rear
of the unit and no development is to occur beyond this line in the future.”
No additional variance applications have been pursued since 2000 for this property.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 – Zoning Regulations, Vail Town Code
Chapter 6, Article D, Two-Family Primary/Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards. (Ord. 29(2005) § 23: Ord.
30(1977) § 2)
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15'). (Ord. 50(1978) § 2)
Chapter 12-17, Variances (in part)
12-17-1: PURPOSE:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
Town of Vail Page 3
85262
unnecessary physical hardship may result from the size, shape, or dimensions of a
site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical limitations,
street locations or conditions in the immediate vicinity. Cost or inconvenience to the
applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to
the development standards prescribed for each zone district, including lot area and
site dimensions, setbacks, distances between buildings, height, density control,
building bulk control, site coverage, usable open space, landscaping and site
development, and parking and loading requirements; or with respect to the
provisions of chapter 11 of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each zone district because the flexibility necessary to
avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, “Amendment”, of this title.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
Within twenty (20) days of the closing of a public hearing on a variance application, the
planning and environmental commission shall act on the application. The commission
may approve the application as submitted or may approve the application subject to
such modifications or conditions as it deems necessary to accomplish the purposes of
this title, or the commission may deny the application. A variance may be revocable,
may be granted for a limited time period, or may be granted subject to such other
conditions as the commission may prescribe.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Town of Vail Page 4
86263
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone district.
2. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not generally apply to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
V. ZONING AND SITE ANALYSIS
Address:706 Forest Road A and B
Legal Description:Vail Village Filing 6,
Block 1, Lot 9
Zoning:Two-Family Primary/Secondary
Residential
Land Use Plan Designation:Low
Density Residential
Current Land Use:Duplex
Geological Hazards:Steep Slopes
Standard Allowed / Required PS Existing Proposed
Site Area Min. 14,000 sq. ft. 58496.7 No Change
Setbacks1
Front – 20’
Side – 15’
Rear – 15’
Front – 4’
Side(W) – 3’
Side(E) – 4’
Rear – >200’
See Variance Request
Table above
Height Flat or Mansard Roof – 30’
Sloping Roof – 33’
33’ 33’
Density 2 DUs 2 DUs No change
Town of Vail Page 5
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GRFA Max 8,167 sf
4,189 sf (primary)
3,978 sf (secondary)
NA
8,167 sf**
4,189 sf (primary)
3,978 sf (secondary)
Site Coverage 20%/11,699 sf 6.6%/3,866 sf 7%, 4,119 sf
Parking/Loading ,000 GRFA=3 spaces
4 covered spaced No change
Landscaping Min. 60% of site area or > 60%
VI. SURROUNDING LAND USES AND ZONING
706 Forest Road is situated in the middle of a Primary/Secondary Residential Zoning
neighborhood. The underlying land-use for the PS zoning district is Low-Density
Residential. The map demonstrates general uniformity within this PS district. The lots on
the south side of Forest Road are narrow and long. They also have steep slopes in
common with one another. The properties on the north side of Forest Road are also
narrow, but not as long and do not share steep slopes as a feature.
The homes along both sides of the street are close to their front property lines. The
homes on the south side are located towards the street due to the steep slopes toward
the rear of the lots.
Town of Vail Page 6
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VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
While the proposed additions and projections will exacerbate existing nonconforming
setbacks, relative to the overall size of the existing duplex and nonconforming
nature, staff finds that the proposed additions will not have a detrimental impact to
other existing or potential uses and structures in the vicinity. The direct abutter to the
east at 696 Forest Road submitted a letter in support of the variance (Exhibit E).
Prior to any final approval, the final design will need to receive approval from the
Design Review Board.
Therefore, staff finds that the proposed variances conform to this criterion.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
The proposed additions and projections will result in an exacerbation of the existing
nonconforming setbacks. As discussed in Section VI, this lot is not unique among
sites in the vicinity. The abutting properties share similar lot constraints, size and
topography. Therefore, staff finds that there is not sufficient evidence or hardship
unique to this lot to support that the grant of variances for redevelopment of this
property. The grant of variances is not necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity.
Archived PEC minutes indicate a desire to bring nonconforming decks and
projections into conformance, as evidenced by conditions imposed both on the
subject property, as well as properties within the vicinity that condition conformance
to the setback standards upon redevelopment.
A variance is not necessary to achieve uniform treatment among sites in the vicinity
and this proposal will result in a grant of a special privilege.
Staff finds the proposed variance does not meet this criterion.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Town of Vail Page 7
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The proposed variance will facilitate the redevelopment of an existing duplex and will
not increase the density on the lot. Additional parking requirements will not be
triggered. Therefore, the proposal is not expected to alter the population; will not
affect any existing transportation or traffic facilities, public facilities, or utilities; and
will not affect public safety in comparison to existing conditions.
Therefore, staff finds the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum
and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission deny a
variance from Section 12-6D-6 Setbacks, Vail Town Code, and Section 14-10-4
Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town
Code in accordance with the provisions of Section 12-17-1, Variances, Vail Town
Code to allow for a variance to front- and side-yard setbacks to facilitate the
redevelopment of an existing duplex, located at 706 Forest Road Units A & B/Lot 9,
Vail Village Filing 6, Block 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission
pass the following motion:
“The Planning and Environmental Commission denies the applicant’s request for a
variance from Section 12-6D-6 Setbacks, Vail Town Code, and 14-10-4 Architectural
Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to
allow for a variance to the required front and side setbacks as presented to facilitate
the redevelopment of a two-family residence, located at 706 Forest Road Units A &
B/Lot 9, Vail Village Filing 6, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance,
the Community Development Department recommends the Commission make the
following findings:
“Based upon the review of the criteria outlined in Section VII of the staff
memorandum to the Planning and Environmental Commission dated April 8, 2019,
and the evidence and testimony presented, the Planning and Environmental
Commission finds:
Town of Vail Page 8
90267
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the surrounding
Primary/Secondary Residential (PS) District.;
2. The granting of these variances will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code;
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to
other properties in the Primary/Secondary Residential (PS) District.”; and
c. The strict or literal interpretation and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the
owners of other properties in the Primary/Secondary Residential (PS)
District.”
IX. ATTACHMENTS
A. Vicinity map
B. 1998 and 2000 Variance Record
C. Applicant’s Narrative 3/25/2019
D. Plan Set 3/22/2019
E. Letter of Support from 696 Forest Road 3/26/2019
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P L ANNING AND E NV IRO NM E NTAL C O M M I S S IO N
April 22, 2019, 1:00 P M
Town C ouncil C hambers
75 S . F rontage Road - Vail, Colorado, 81657
1.Call to Order
Present: Brian Gillette, Rollie Kjesbo, Ludwig Kurz, K aren Perez, Brian
Stoc kmar
Absent: Pam Hopkins, J ohn-Ry an Lockman
2.S ite Visits
2.1.1309 Elkhorn Drive - Town of Vail Public W orks
2.2.224/226 Forest Road
454 Beaver Dam Road
54 Beaver Dam Road/95 Forest Road
2.3.706 Forest Road - Ostling Residence
3.Main A genda
3.1.A request for review of Minor Subdivision, pursuant to S ec tion 13-4, Minor
Subdivisions, Vail Town C ode, to allow for removal of the platted building
envelopes, loc ated at 694 and 670 Forest Road /Lots 7 and 8, Block 1, Vail
Village Filing 6, and setting forth details in regard thereto. (PEC19-0009)
20 min.
Applicant:Frances Biszantz & LSC 27 LLC, represented by Mauriello
Planning Group
Planner:J onathan S penc e
Planner Spence introduc ed the project. Staff agrees with the history
presented by Mauriello. Staff is in support of this subdivision.
Dominic Mauriello, (Applicant) disc ussed the property history. Applicant
presented slides showing the properties. Purpose of the subdivision is to
eliminate envelopes c reated in 1997. No plans to build or alter properties at
this time. Applicant c ontinued with the development history. Notably, staff
and P E C in 1997 required the building envelopes, despite no c ode
requirement for it. P lat note restricted most everything to be built within the
envelopes.
Gillette: Asked if construction would conform to current setback
requirements?
Applic ant: No, when initially built a setback varianc e was allowed.
Gillette: How are the building envelopes more restric tive than the setbac ks?
Perez: Concurred and asked if the footprints were c reated with respec t to
lot size and coverage requirements.
Applic ant: That may be, but people have been able to build with more
flexibility due to not having these envelopes. Asks to be treated the same
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as every one else.
Gillette: I s the only enc roachment in the front setbac k? Garage only ?
Applic ant: Suspects more than the garage is in the front setbac k, but it
was approved legally with a varianc e back in the day. W hen first
constructed, Applicant suspec ts that garages could be allowed in the front
setbac k.
Spenc e: Staff would not allow the garage placement outside the building
envelope without an amendment to the plat.
Gillette: W as the intent of the envelopes to constrain the bulk and mass?
Applic ant: This may be the c ase, but doesn’t think there was a direc t link
established to bulk. W ithout the envelopes, P E C and D RB could still deny
based on such concerns. Reiterated fairness with surrounding properties.
Mauriello: Speaking to the criteria for the subdivision application and how
the proposed subdivision complies. All surrounding lots are zoned the
same and have consistent size and shape. Neighboring property has
submitted a letter stating their support for this change
Public Comment: None
Perez: Understands the goal of the applicant, but feel like this is
bootstrapping. Building envelopes are generally done for spec ific reasons.
These lots transferred GRFA and other requirements between each other
and the envelopes were a c ondition of this. I n context of the history, this
may be a grant of spec ial privilege. Building envelope is in proportion with
the size of the lots.
Applic ant: The two lots that ended up being created in 1997, but the lots
were conforming to the c ode regardless.
Spenc e: Since GRFA allowances sc ale with lot size, the ultimate transfer
of GRFA was a small amount.
Gillette: Somewhat torn on this. However, since any development has to go
back to boards for review anyway, he is in favor.
Kurz, Kjesbo, and S toc kmar also c oncur with staff.
Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it
passed (4-1).
Ayes:(4)Gillette, Kjesbo, Kurz, Stockmar
Nays:(1)P erez
Absent:(2)Hopkins, Lockman
3.2.A request for the review of varianc es from Section 12-6D -9-6 Setbacks,
Vail Town Code, in acc ordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for variances to the front setbac k of 20
feet to fac ilitate the redevelopment of both east and west units, located at
706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting forth
details in regard thereto. (P EC19-00010)
20 min.
Applicant:Paul & D anita Ostling, represented by Mauriello Planning Group
Planner:Ashley Clark
Planner Clark introduc ed the project
Clark: Directed commissioners to the memo to see all proposed c hanges.
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Small c orrection that the primary and sec ondary units were switc hed in the
memo, everything else is correc t. Two previous varianc es for the property
exist on the property. One had a condition that no further enc roachment
into rear setback would oc cur. Provided surrounding property context with
regard to other variances provided.
Clark: Staff could not support the idea that this lot is unique to the
surrounding lots. A ll lots are long and have an extensive amount of steep
slope hazard. Staff rec ommends denial of the variance.
Dominic Mauriello (A pplic ant): I ntroduced the project team. Presented
current c onditions of the lot and properties. Presented proposed designs
for redevelopment. Presented the history of the property, whic h was built
when front setback requirement was smaller. This lot has also received
front and side setbac k varianc es. Plan is to demolish the secondary unit
and redevelop the primary unit to matc h later. The change will result in less
GRFA in the front setback. Stated that D RB was happy with the
arc hitectural direction. Nothing proposed will come out any further than the
front deck. Detailed what is being removed and added to the front setbac k.
Gillette: I f this is a teardown and rebuild, why can’t it all be rebuilt in the
meeting the setbac k?
Mauriello: The steep slopes in the back yard push the property forward.
The unit may be able to be pushed back, but the units will be inc onsistent
with secondary unit being visibly pushed back in comparison to the
primary unit.
Mauriello: Detailed what is being added and removed from the east
setbac k. Presented a number of slides showing the proposed c hanges to
the building footprint and dec ks. To build further up the hill would require
signific ant expense and exc avation. Applic ant argues that the number of
surrounding homes (5+) that have had front setback variances due to the
slopes shows that this would not be a spec ial privilege.
Perez: Had a question regarding existing setbacks along the street where
this lot is located.
Planner Clark was able to provide this information in her memo.
There is a letter of support from a neighboring property
Public Comment: None
Kjesbo: The goal should be to minimize the varianc e. However, on the east
side of the property the enc roachment will be worse. Has an issue with the
east side setback. Likes what is being proposed on the front. I s livable
square footage moving further out front?
Mauriello: No
Gillette: I n support. S hould be c omparing this property to those that don’t
have the steep slope hardship. This kind of proposal is what variances are
for.
Kurz: Split. Has conc erns about this becoming more non-conforming than
it already is. Since one side will be more c onforming and one less, isn’t
sure whether approval would be worth it to the town. Leaning toward voting
in favor.
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Neubecker: I t is the commission’s job to interpret whether this applic ation
fits the c ode criteria. W hether the town will look better with this proposal is
less of a concern for the commissioners. Please foc us decision on the
variance c riteria.
Perez: Also somewhat torn. Has an issue with this not being necessary for
the property. Looking at other properties c an be good, but is a bit of a red
herring in this case. The conditions of past variance approvals were very
clear that the setbac ks should not be pushed further. Feels this would be a
special privilege.
Stoc kmar: Has gone back and forth. The commission has tight constraints
to work in. This is not a unique issue to the area sinc e surrounding lots
have fac ed similar issues. Ultimately feels this is not unique bey ond the
shared hardship that most properties have on that street.
Mauriello: Compared to everything else in the same zoning distric t, these
conditions are quite unique.
Gillette: I f every property on the street got variances, why is this varianc e
locally unique and a grant a spec ial privilege?
Perez: Argues that y ou need to look at the property on its own. Also,
variances should be granted as narrowly as possible.
Stoc kmar: Still does not see all necessary criteria being met.
Mauriello: Sees that all the other houses have been able to get this to work.
Perez: This property c ould be made to have a smaller varianc e, however.
Mauriello: All properties on this street c ould have built something without
variances, but they were building properties appropriate to the
neighborhood. Could still ask for and potentially get a variance even if this
was a teardown and rebuild.
Perez: Agrees that a varianc e could be given, but doesn’t feel this
variance is truly nec essary.
Stoc kmar: You have been able to pull back from the west, but enc roach on
the east. Acknowledges that the slope is different on each side but
expresses discomfort with this approach. I t is time to call the question.
Perez moved to call the question, Kurz seconded.
Applic ant: Requests a tabling and asks for direction from the c ommission.
Kurtz: I t is not appropriate for the c ommission to give direc tion, but tabling
is ok.
Perez and Kurz remove their motion to call.
Ludwig Kurz moved to table to May 13, 2019. Karen Perez sec onded the
motion and it passed (5-0).
Absent:(2)Hopkins, Lockman
3.3.A request for a recommendation to the Vail Town Counc il, pursuant to
Section 12-3-7, Amendment, Vail Town Code, concerning an update to the
Master Plan for the Public W orks D epartment site, Unplatted, Section: 9
Township: 5 Range: 80 P C L I N N1/2NE1/4-N1/2NW 1/4, loc ated at 1309
90 min.
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Elkhorn Dr. and setting forth details in regard thereto. (P E C19-0006)
Applicant:Town of Vail
Planner:Chris Neubecker
Planner Neubecker introduced the projec t and introduced the Public
W orks Director, Greg Hall, and arc hitect representatives, C hris J uergens
and Mark Donaldson.
Neubecker: The goal of this application is to update the old Master Plan.
W ants to give a formal hearing for the P E C and to point out c hanges
sinc e the last work session to the P E C. Also wants to take in suggestions
and changes from the c ommunity and the P E C. Master Plan assesses
future growth and needs for Public W orks. There was a review of existing
conditions, natural and built environments on the site, zoning, hazards, as
well as wildlife habitat. Town feels there is an opportunity to add more
employ ee housing on the site. Also an opportunity to install solar panels to
offset the Town’s energy use. There are also proposed improvement to
transportation concerns, recommendations in the Plan on wildlife, and a
phasing timeline.
Neubecker: Presented the proposed analy sis and layout of the site on
overhead slides. There is some wildlife habitat range on the east side of
the property, so this will need to be considered throughout the process.
Talked about the conditions and need related to transportation. He
disc ussed the needs for administrative offic es. Site is oriented well for
solar energy and the Town plan recommends that solar be c onsidered for
Town buildings, so solar is being seriously considered for this site.
Stoc kmar: I s there also battery storage for the solar being proposed?
Greg Hall (Representing the Applicant): The buildings will have some
battery storage, but still needs to be looked into and researc hed further
Neubecker: Some c urrent buildings are quite old and should be replaced
at some point regardless. There is a greater need for storage for other
departments such as the polic e and events department. This area c ould
potentially fill that need. Spoke to the need and proposal for additional
employ ee housing on the site. I f housing is expanded beyond 24 additional
units, which is antic ipated, an expansion of the underpass entry to the site
beneath I -70 would be required.
Gillette: W ould the entry expansion be able to handle the maximum
proposed housing units?
Hall: Yes
Neubecker: Began to describe changes to the plan sinc e PEC last saw it
introduced at a work session. Revised plan added some new wildlife
information, including a rec ommendation on banning dogs from the site,
and new wildlife studies planned for new proposed buildings.
Gillette: Expressed conc ern over the public having an issue with
development in wildlife habitat.
Hall: This is just the master plan; all new buildings will need to go through
the board review process as well. Expects more pushback may happen
then. All information is public ly available currently as well.
Stoc kmar: W hile the public may not be as invested at this stage, Stoc kmar
stressed that the P E C should look into this and be kept aware of public
conc erns through all stages.
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Neubecker: Revised plan adds information on traffic capacity as a result
of additional units. Also, plan rec ommends a bus stop on the site for the
added housing. The other plan change was just an estimation of time for
each phase. A cross-section of the site was also added to the plan.
Neubecker: W hat questions does the board still have that staff and the
plan have not yet answered? W hat does the P E C rec ommend being want
added to the plan? W hat additional information does the P E C still need to
make a rec ommendation to Town C ounc il?
Kjesbo: Many citizens don’t realize what is back there. I f the need for
housing continues to grow on the site, will that remove the ability for Public
W orks to add to its own fac ilities on site, due to site constraints? I s
extensive housing appropriate for this site?
Gillette: I n the master plan, Kjesbo’s conc ern should be addressed.
Stoc kmar: Also stressed the fact that Public Works will continue to grow,
so growth needs to be carefully c onsidered. Recognizes the need for
housing, but expressed conc ern over the quantity of housing needs to be
on this site specifically.
Kurz: Also concurring, wonders if the housing should only be available to
Public W orks employees, or at least prioritized to them. Also conc erned
with the safety of the underpass even if expanded, especially when
considering adding new living units to the site.
Kurz: W hat other c onsultants have you used?
Hall: Architects, a variety of engineers (traffic, civil, elec trical, mec hanic al,
traffic , etc …), a wildlife biologist, also hired a solar c onsultant. The
additional housing proposed is meant for Town of Vail employ ees, the
demand exists. Employees can only live in the same Town housing for 2
years as well, then they need to move out.
Stoc kmar: Could the housing be designed to be easily added too?
Hall: Housing should be scalable in this plan. There is some flexibility built
into this plan.
Gillette: Make sure the solar c onsultant is also asked to look at a variety of
potential build out scenarios, and pay back time.
Perez: W hile on the site visit, Perez asked how many employees worked
on the site. W as told it is over 100. W hat is the rule for the Housing
Authority as it relates to the site?
Hall: Housing is all rental, not for sale.
Perez: W here would the funds for the housing come from?
Hall: Normally, the Town of Vail pays for it.
Perez: Asks that the Town looks to the housing authority to find every
opportunity to reduce c ost. Asking since this is Town owned, not owned by
a third party.
Neubecker: Since this is intended to be Town of Vail employee housing, it
would still need a c ovenant/ deed restriction.
Perez: There are ways to prioritize Town of Vail renters without violating
any Fair Housing laws.
Gillette: (Summarizing) There are 3 conc erns. Housing funding options
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raised by Perez, Public W orks and housing needs tradeoff raised by
Kjesbo, and having c onsultants look at a variety of build out options
suggested by Gillette.
Ludwig Kurz moved to rec ommend approval with a c ondition that the three
issues summarized by Commissioner Gillette be addressed in the plan.
Rollie Kjesbo seconded the motion and it passed (5-0).
Absent:(2)Hopkins, Lockman
3.4.A request for a recommendation to the Vail Town Counc il, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2,
D efinitions, Vail Town C ode, to add a definition for sloped roof, amend the
definition for flat roof, and add a definition for parapet, and to amend
Section 14-10-4, Arc hitectural Projections, Decks, Balc onies, Steps, Bay
W indows, Etc ., Vail Town C ode, to add regulations for parapet heights, and
setting forth details in regard thereto. (P E C19-0011)
15 min.
Applicant:Town of Vail
Planner:Ashley Clark
Ashley Clark introduced the proposal. Staff seeks to update the zoning
code to c larify definitions of sloped roof and flat roof. Current c ode also
does not define parapets. Staff presented to D RB at 3 meetings, and the
D RB has provided a recommendation on the proposed language. Staff
provided notice to loc al architec ts on the proposed text amendments.
Clark reviewed the existing code and proposed text, and also provided
some background on legislative history. Existing code allows 33’ height for
sloped roofs, and 30’ for flat roofs in most low-density residential zone
distric ts. Parapets are c urrently measured to the same height as roofs,
and not allowed any additional height. Code exemptions on Architec tural
Projec tions does not work for parapets. A recent development with a flat
roof brought these c ode conc erns to staff’s attention. Proposed language
is that a sloped roof is a rise of greater than 2” rise over 12” run.
Proposed text amendment would allow a 30” parapet in addition to the
height limit of 30’.
Stoc kmar – That means that a perc eived height of 33’ height with a
parapet, even though 30’ is what code allows.
Clark – An applicant had a proposal for a low sloping roof with 33’ height.
There was no clear standard in the c ode, and so staff referred to the
Building Code for direc tion. Staff rec ommends improving the code with
more precise descriptions of flat and sloping roofs. Other communities
staff researched have definitions in their codes.
Perez – How does a Mansard roof fall into these definitions?
Clark showed examples of a Mansard roof.
Public Comment
Pavan Kruger, Arc hitect – A flat roof with 30” parapet, would that be
allowed? Could a small guardrail be added on top of the parapet to meet
building c ode?
Clark indicated that the guardrail would need to be reviewed by the D RB
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Gillette – Every board will review or interpret codes differently, so if we
need c larification it should be added to c ode.
Mike Suman, Architec t – I attended the D RB for the discussion. The flat
roof membrane was measured to 30’, and a guardrail would not be allowed
more than 30” above the membrane.
Gillette – Add language that guardrails shall be measured the same as a
parapet.
Mike Suman – There was discussion that 2:12 and greater would be better
to meet definition of flat roof, rather than greater than 2:12. I support
proposed language.
Ludwig Kurz moved to rec ommend approval with additional language that
guardrails shall be inc luded in the allotted height for a parapet. Rollie Kjesbo
sec onded the motion and it passed (5-0).
Absent:(2)Hopkins, Lockman
3.5.A request for a recommendation to the Vail Town Counc il, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-6:
Residential Development, Vail Town Code, to add a paragraph pertaining to
the unified architectural design requirement as it relates to existing
separated duplexes, and setting forth details in regard thereto. (P E C 19-
0012)
45 min.
Applicant:Town of Vail
Planner:Erik Gates
Erik Gates introduced the proposal on Separated D uplexes. The
separation of dwelling units is allowed under the current c ode, subjec t to
review and approval by the D RB, with special conditions on the property.
There are several existing properties in town that have separated duplexes
with different architec ture, which is not c urrently allowed by the c ode. This
results in property owners facing very expensive upgrades when minor
work is proposed, in order to meet the current code. S taff rec ommends
amending the code to allow different arc hitecture only for existing
separated duplex, and staff will maintain a list of qualify ing properties.
Gates disc ussed some of the separated duplex properties that exist in
Town. He reviewed some properties where architec ture is very similar, but
do not fully meet the current c ode. He also showed examples of separated
duplexes with extremely different architec ture between units.
Stoc kmar – I s it right that there are about 40 separated duplexes in town,
but only 15 have different arc hitecture?
Gates – That is correct.
Stoc kmar – W e are trying to solve an existing problem with more than a
band-aid.
Gillette – W hat is the hardship that these properties have?
Gates – These properties would not meet the criteria for a varianc e. These
problems are not related to the land.
Mike Suman – I am working on two of these properties. They have
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arc hitecture from c ompletely different decades. One was built in the 1960s
and the other was built in the 1990s. The Venturi house is another good
example; y ou are not going to tear down one to make it look like the other.
Staff is in a tough spot, and they and D RB need some direc tion. Right
now D RB can’t approve projects with different designs.
Gillette – Still not sure why we are not adding the list of properties in the
code.
Mike Suman – D RB should be the ones that determine the list. They are
the ones to determine separated duplexes, and should be the ones that
review design.
Gillette – Before this comes bac k to us, the D RB should determine the list
of properties, then present the list to the P E C. The A dministrator should
identify the property, then the list approved by the D RB.
Stoc kmar – Sounds like it would be possible for the list to be maintained by
staff, and available for inspec tion by the general public . W ill y ou have that
list by the time this is presented to Town Council?
Mike Suman – I would love for the P E C to give direc tion to keep this
process moving forward, and allow staff to develop list before review by
Town Council.
Gillette – For me to support this, I rec ommend photographing all the
separated duplexes, and c reating y our list of qualifying properties. Present
the list to D RB for their approval.
Kjesbo – I am familiar with 167/197 Rockledge which will be torn down.
W hen they are torn down, is the new home allowed to have completely
different designs, even when rebuilt? I f so, we are perpetuating this issue,
and essentially creating single family lots.
Gillette – There will be no need to meet required setbacks between units.
They could be built very close, almost c onnected.
Stoc kmar – There is a small number of properties that this will apply to.
Mike Suman – W e will still need to get J oint Property Owner approval, and
there are already a number of protec tions in the c ode. There are a small
number of properties that c an take advantage of this proposed language.
Perez – I t would be nic e to have the issues addressed that were previously
rec ommended. I could live with staff going to D RB with the list, before
going to Council.
Kurz – Comfortable that staff does not need to come back to PEC.
Brian Gillette moved to rec ommend approval with the added requirement that
Staff present the inventory of qualifying properties to the Design Review
Board, whic h shall approve the inventory for approval prior to first reading
by Town Council. Rollie Kjesbo sec onded the motion and it passed (5-0).
Absent:(2)Hopkins, Lockman
4.A pproval of Minutes
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4.1.April 8, 2019 P E C Results
Brian Gillette moved to approve. Rollie Kjesbo seconded the motion and it
passed (5-0).
Absent:(2)Hopkins, Lockman
5.A djournment
Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it
passed (5-0).
Absent:(2)Hopkins, Lockman
The applic ations and information about the propos als are available for public inspection during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the projec t
orientation and the site visits that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subjec t to c hange, and cannot be relied upon to determine at what time the
Planning and Environmental Commission w ill cons ider an item. Please call (970) 479-2138 for additional information.
Please c all 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
130307
P L ANNING AND E NV IRO NM E NTAL C O M M I S S IO N
M ay 13, 2019, 1:00 P M
Town C ouncil C hambers
75 S . F rontage Road - Vail, Colorado, 81657
1.Call to Order
Present: Pam Hopkins, K aren Perez, Brian Stockmar, Ludwig Kurz, Brian
Gillette, Rollie Kjesbo
Absent: J ohn-Ryan Lockman
2.S ite Visits
2.1.366 Hanson Ranch Road - Vailpoint L LC
2.2.2698 Cortina Lane - Sc heidegger Residence
3.Main A genda
3.1.A worksession to disc uss a Major Exterior Alteration, pursuant to Section
12-7A-12, Exterior A lterations or Modific ations, Vail Town C ode, to allow for
the replacement of the existing struc ture with a seven (7) suite private lodge
and staff apartment with related site improvements, loc ated at 366 Hanson
Ranc h Road/Lot D, B lock 2, Vail Village Filing 1, and setting forth details in
regard thereto. (P E C 19-0008)
60 min.
Applicant:Vailpoint L L C , represented by Sarah J Baker, PC
Planner:J onathan S penc e
Planner Spence introduc ed the project and noted that the public
ac commodation zone district has language that allows either staff or an
applicant to request a work session with the P E C, or any town body. He
noted that this work session has been initiated by the applicant, not by
staff. Mr. Spence referred to the staff memo submitted and noted that
there will be no action requested of the P E C today. Mr. S penc e further
noted that there has only been an initial analysis done on the proposal
Ms. Baker, on behalf of the applicant, introduced the team. Mr. Mueller,
owner of Cuvee, George Sollidge, Owner of Vail P oint L L C , J ens W arner,
from REcom Global, Ric k Py lman, Land planning and Emilia Kraft and
Hans Berglund from Berglund Arc hitects.
Ms. Baker stated they requested a work session due to town proc edure
and enumerated the three items they are seeking feedbac k on today. Ms.
Baker stated that there are a few options and would like feedbac k;
however, no formal action is requested.
Ms. Baker stated that the proposed building siting has a c ouple of options.
Setbac ks in the PA district may be modified based on c riteria. The
variation is not a varianc e.
Upon inquiry from Chairman Stockmar, Mr. Spenc e agreed with Ms.
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Baker ’s interpretation of the PA zone district setbacks.
Ms. Baker noted that the building footprint that does meet setbac ks has
implic ations for the pedestrian experience in the area.
Mr. Baker stated there is also a desire to address the fac t that there are
two zoning designations for the single lot. She noted that there was a
previous attempt to rec oncile that issue, however, was not achieved on a
PE C vote.
Mr. Larry Mueller, founder and C E O of Cuvee, then provided an overview
of how the building will be operated. Mr. Mueller desc ribed the private
lodge and the clientele it serves. He noted that there is a large demand for
high end lodges that allow people to travel as extended families or as
friends and have a private lodge experience with acc ess to high-end
amenities.
Mr. Mueller noted that the property has private space for families as well as
common space. He stated that y ou c an only rent the structure as an entire
unit, and individual rooms are not individually leased out.
Hans Berglund and Emilia Kraft presented to the Board design images of
the proposed building. He noted that setbacks can be modified without a
variance as long as five c riteria are met. He then presented why this
proposal meets each of those criteria. Mr. Berglund stated that the
proposal maintains open spac e and creates a more welc oming pedestrian
element. Additionally, he noted that the proposal will maintain adequate light
and air. Mr. Berglund stated that they reviewed the I B C to ensure they will
meet building code requirements for building setbac k requirements. He
noted that the proposed building setbac k has the massing stepped bac k
between 10’-16’ to create more spac e.
Mr. Berglund then discussed the proposed tower which would c omply with
the 60’ standard for architec tural projections and stated that the tower is
essentially the same height as the Tivoli building next door. He noted that
towers are prominent features and is consistent and will add to the visual
overall landscape from a distance as well as a pedestrian.
Mr. Berglund then desc ribed the proposed materials, a stone base around
the house as the main arc hitectural element and the other materials inc lude
two c olors of copper siding, one as a very dark bronze tone and a lighter
copper color, heavy timber construction. He noted that the theme is
mountain architecture and speaks to the early day s of Vail. He noted that
while they are before the board to talk about setbac ks, he feels that the
building design will c ontribute to the c ommunity.
Mr. Kurz inquired about the func tion of the tower besides the arc hitectural
design.
Mr. Berglund stated that it is mainly arc hitectural, there is not spac e in it,
with the exception of stairs and a small landing with balc onies that wrap
around.
Upon inquiry from Ms. Hopkins, Mr. Berglund stated that the tower could
be lower, however, in order to ac hieve the effect of a tower, the height is
needed.
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Ms. Hopkins inquired about the throughway from Mill Creek Circ le to
Golden Peak.
Mr. Berglund stated that the new building will be more attractive. Mr.
Berglund stated that there have been discussions with Vail Resorts about
updating the landsc aping. He stated that trees are to be removed within the
property.
The board then reviewed the shadow study. Mr. Stockmar noted a c oncern
that the shadow is extensive and puts all of Hanson Ranc h Road in
shadow, which is ic y and has implications for safety. The existing pavers
are snow melted but not the asphalt road.
Upon inquiry from Ms. P erez, Mr. Berglund noted that the alternative
footprint would be similar in terms of shadow impact.
Ms. Baker stated that at the next meeting they will provide the current
condition as well as proposed. Ms. Baker noted that the cumulative impact
will be helpful in a future discussion.
Mr. Kurz inquired about proposed parking.
Mr. Ric k Py lman, stated that the lodge parking requirements is 0.7 parking
spaces per room, 7 parking spac es total would be required. 1 ½ spaces
are attributed to the small c aretaker unit. He noted there are 3 spaces in
the garage and 4 spaces outside of the garage. All parking spac es are on
the property.
Mr. Kjesbo noted that Tivoli was required to have 15-minute parking and
cars c urrently block the sidewalk, which pushes people into the icy road.
Mr. Py lman stated that since the entire property is to be rented out and not
as individual units, they do not foresee parking being an issue. Mr. Kjesbo
noted that the use c an c hange which would impac t the operation. Mr.
Stoc kmar noted that the ownership and use can change at any time. Mr.
Stoc kmar noted that the P E C must consider future impac t as well as
proposed operations.
Mr. Py lman stated they will take the P E C’s comments into c onsideration
into the design.
Mr. Kjesbo stated that the Tivoli was approved with a varianc e for the
height and noted that he has an issue with something extending up 56’ on
the c orner and that it looks out of place and unbalanc es the building. He
does not like that much bulk right at the street.
Upon inquiry from Mr. Kjesbo, Mr. Spenc e noted that the Town Council
never opined on the zoning c hange.
Mr. Stockmar stated that the meeting when this property was addressed in
J une of 2018, the minutes reflect some of his conc erns are allayed by the
design. Mr. Stockmar stated that it was an odd circ umstance due to how
the property was obtained. Mr. Stoc kmar inquired if the applic ant would
take out the fence ac ross the bac k y ard?
Ms. Baker stated that they have not c ontemplated removing the fence,
however, will consider it through the design process. Ms. Baker stated that
the message has been rec eived and will focus on it moving forward. Mr.
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Stoc kmar stated that there may be implic ations for the fence, existing
trees, and hot tub.
Upon inquiry from Ms. P erez, Mr. Spence stated that the same standards
for varianc es do not apply for a setbac k variation. He noted that a varianc e
is a different thing from a variation, which is subjec t to the five-c riteria Mr.
Berglund enumerated.
Chairman Stockmar opened the hearing up to public c omment. No public
comment was provided.
Mr. Gillette discussed the zoning of the property. The commission
disc ussed open space and zoning with the applicant and Planner Spence.
Ms. Perez stated regarding the zoning it was meant to be space available
to the public and stated the applic ant has created this issue. She noted
that it feels like the open spac e is part of the community. Ms. Perez stated
that she disagrees with Mr. Berglund’s analysis of the proposal meeting the
required five criteria.
Ms. Baker clarified that the spac e has never been publicly open spac e
and has always been a private lot.
There was a discussion regarding what development c an occ ur in open
space zone distric ts.
There was a discussion over how the spac e be preserved to open air and
light in the future.
Ms. Perez pointed out where existing trees will be removed from the street
to ac commodate the proposed tower. Ms. Perez stated this will deteriorate
open spac e, air and light. There was a disc ussion over where existing
trees will be removed. Tower would go to corner of where the existing
fenc e is, 60’ high.
Mr. Gillette inquired if the building could be built without the rezoning. Mr.
Spenc e stated no, it could not.
Mr. Stockmar stated they are conc erned about massing, height, and the
fenc e along the south side of the property.
3.2.A request for the review of varianc es from Section 14-3-1: Minimum
Standards, Table 1 Driveway /Feeder Road Standards, Entry Angle
Minimum Deflection, Vail Town Code, in ac cordance with the provisions of
Section 12-17-1, Varianc es, Vail Town Code, to allow for a variance to the
entry angle minimum deflec tion for first 30 feet of driveway length to
fac ilitate the development of a single-family structure, loc ated at 2698
C ortina Lane/Lot 11, B lock B, Vail Ridge Subdivision, and setting forth
details in regard thereto. (P EC19-00013)
20 min.
Applicant:Benno S cheidegger, represented by Berglund Arc hitects
Planner:Ashley Clark
Planner Clark introduc ed the variance request. S he noted that the
property is unique in that is shares a steep driveway with two other
parcels. Ms. Clark noted that Public W orks Department is supportive of
bringing the grade up to code and c hanging the angle to meet c ode.
134311
Mr. Berglund reiterated staff’s c omments.
Chairman Stockmar opened the hearing for public c omment.
There were no comments from the public.
Mr. Kurz moved to approve the variance request.
Ms. Perez seconded.
The c ommission unanimously voted to approve the varianc e request.
Ludwig Kurz moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Absent:(1)Loc kman
3.3.A Report to the Planning and Environmental Commission of an
administrative action regarding a request for a minor amendment to Special
D evelopment District (S D D ) No. 36, Four Seasons, pursuant to Section
12-9A-10, Amendment P roc edures, Vail Town Code, to allow for
modific ations to the approved development plan in order to permit a non-
residential addition totaling 980 square feet to accommodate a glass
enc losed seating area loc ated at 1 Vail Road/Lot A – C , Vail Village Filing 2,
and setting forth details in regard thereto. (P E C19-0014)
5 min.
Applicant:Ex Vail LLC E xtell D evelopment, represented by OZ
Architecture
Planner:Erik Gates
Planner Gates introduc ed the project. The glass enc losure is proposed on
the south deck to the restaurant. No ac tion is required by the P E C .
Public Comment – None
3.4.A request for the review of varianc es from Section 12-6D -9-6 Setbacks,
Vail Town Code, in acc ordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for variances to the front setbac k of 20
feet to fac ilitate the redevelopment of both east and west units, located at
706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting forth
details in regard thereto. (P EC19-00010)
20 min.
Applicant:Paul & D anita Ostling, represented by Mauriello Planning Group
Planner:Ashley Clark
Planner Clark introduc ed the application, which was tabled from a past
meeting. The varianc e on the west side is no longer in the application.
Staff rec ommendation from the previous meeting stands, which is to
rec ommend denial.
Allison Kent, Mauriello Planning Group – She read a statement from the
owner ’s representative, who c ould not attend the meeting. She desc ribed
the property location at 706 Forest Road, and presented images of the
property. The application required several public hearings when it was
originally built. Ms. K ent desc ribed the history of the lot and c onstruc tion,
inc luding being built with a 10’ setback. Variances were obtained for the
original construction. All variances on the west side unit have been
eliminated with the applic ation.
Ms. Kent described the variances on the east side. The front entry was
135312
reloc ated to the sec ond level. Also, a roof pitch change is proposed. She
described the revised plans, and showed a comparison to the previous
application. She showed how the existing home currently sits over the front
setbac k.
Adam Harrison – Existing front setback is about 3 feet on east side.
Ms. Kent – Stair is proposed 3.9 feet from property line. W e are also
removing GRFA from the setbac k area (70 square feet). She showed a
comparison of the existing GRFA within the setback, and as proposed with
this application.
Ms. Kent – Presented written letters of support from neighboring property
owners. She then reviewed the criteria for a variance in the existing Town
Code. She focused on criteria #2, “to ac hieve compatibility and uniformity
of treatment”. She reviewed other elements of the site that make this
property unique. S he reviewed other sites in the P rimary/Sec ondary zone
distric t with steep slopes. Ms. Kent showed a map analysis of lots in the
Primary/Secondary zone district with the steep slopes layer on. Ms. Kent
argued that this lot was one of the only lots in the distric t that had steep
slopes extending all the way to the front of the property line. She further
illustrated that the steep slopes lay er for an overwhelming majority of the
lots remains at the rear of the lot and does not extend to the front.
Ms. Clark – Explained why staff foc used on the uniqueness of the site,
and that the applic ant needs to be treated differently to be treated the
same. Ms. Clark noted that the map analy sis was helpful in demonstrating
the uniqueness of this lot.
Ms. Perez – W hy is it nec essary to have the entranc e on the sec ond
floor?
Ms. Kent – The site is so steep we are try ing to get people into the living
level without going through the garage.
Ms. Perez- Please explain again whic h side is being demolished, and
which is remodeled. A lso please explain the overhang variance.
Ms. Kent – Showed examples of other homes built with front setback
variances.
Public Comment – None
Mr. Kjesbo – I n favor of the variance. They have done a good job reduc ing
and eliminating varianc es. They are eliminating square footage on the east
unit. I will support
Mr. Gillett – I support the variance. I t’s a very steep lot and deserves a
variance.
Mr. Kurz – Agree with K jesbo. W ithin reason, the applic ant had c ome
close to not meeting a varianc e, but with c hanges in favor of the variance.
Ms. Perez – Pleased with reducing the number of varianc es. You have
also minimized the degree of the variance. Site is a steep lot. Previous
conc erns were with the other side of the lot. I ’m normally not in favor of
variances, but in favor of this due to the c hanges.
136313
Ms. Hopkins – I n y our favor is that the road is so far. Those lots were built
in the 70s and 80s, and for cost reasons were built this way.
Mr. Stockmar – Agree with other C ommissioners and issues raised. Laud
the applic ant for making a substantial effort to revise plans. The slide
showing the steepness of lots in the area helped to c onvince me. This is a
very steep lot.
Karen Perez moved to approve. Brian Gillette seconded the motion and it
passed (6-0).
Absent:(1)Loc kman
4.A pproval of Minutes
4.1.April 22, 2019 P E C Results
Brian Gillette moved to approve. Rollie Kjesbo seconded the motion and it
passed (5-0).
Abstain:(1)Hopkins
Absent:(1)Loc kman
5.A djournment
Ludwig Kurz moved to adjourn. Brian Gillette seconded the motion and it
passed (6-0).
Absent:(1)Loc kman
The applic ations and information about the propos als are available for public inspection during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the projec t
orientation and the site visits that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subjec t to c hange, and cannot be relied upon to determine at what time the
Planning and Environmental Commission w ill cons ider an item. Please call (970) 479-2138 for additional information.
Please c all 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
137314
Planning and Environmental Commission Minutes Monday, May 22, 2023
1:00 PM
Vail Town Council Chambers
Present: Reid Phillips John Rediker
Brad Hagedorn
Robyn Smith
Henry Pratt
Bobby Lipnick
Bill Jensen
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. Main Agenda
3.1
A request for the review of variances from Section 12-6D-6 Setbacks, Vail Town
Code, and Section 14-10-4 Architectural Projections, Decks, Balconies, Steps,
Bay Windows, Etc., Vail Town Code in accordance with the provisions of
Section 12-17-1, Variances, Vail Town Code, to allow variances to the required
setback(s) for proposed improvements of the eastern unit (Unit A), located at
706 Forest Road, Lot 9, Vail Village Filing 6, and setting forth details in regard
thereto. (PEC23-0007)
Planner: Jonathan Spence Applicant Name: Paul and Danita Ostling, represented by Stovall Associates Forest_Road_706_Staff Memo.pdf A. Applicant’s Narrative, Revised May 15, 2023 .pdf
B. PEC19-0010 April 22, 2019 packet with attachments .pdf
C. PEC19-0010 May 13, 2019 packet with attachments .pdf
D. PEC meeting minutes April 22, 2019 .pdf
E. PEC meeting minutes May 13, 2019.pdf
Planner Roy introduces the application and the requested variances. He runs through a history of
the property.
Rediker asks for clarification of what is proposed.
Roy walks through the specific requests per Town Code. Phillips asks about the variances that were granted at the property in 1998 and 2000.
Roy confirms and talks about the requested variance in 2019. At that time, the application was revised
to remove what is requested today, i.e.. the GRFA in the front setback.
Phillips asks about the condition in 2019.
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Jensen asks about 1998 and 2000 condition.
Matthew Stovall represents the applicant. This request was taken out of the 2019 request. They’re
seeing many neighboring properties receiving variances, and there is a trend towards semi-
commercial, semi-residential structures. The applicants took issue with what was going on next door.
Lot 8 was granted a permit to build a warming hut and funicular. A lot of the development has
impacted their use; Lot 7 was granted variances and is now a residential timeshare property. 816 W
Forest Rd is being prepared for a big new construction project.
The applicants understand what the regulations say but the application itself and the building doesn’t
impact the neighborhood or the environment. They understand the requirements, but from a big
picture standpoint they felt they were being treated differently than neighboring properties and
additionally the request is only for 71 square feet.
Rediker asks about the neighboring properties and if any of those variances were for setbacks that
was an analogous situation.
Stovall says Lot 7 specifically where the parking was changed is most analogous. Lot 8 has not
received a variance, it was for building permits. The variances for Lots 14 & 15 had to do with the
driveway specifically.
Smith asks about the funicular.
Roy says it is similar to a tram.
Planner Spence says the variance for Lot 7 was to allow the garage in the front setback to be a two-
story garage, with the first story partially below grade. The variance for Lots 14 & 15 was to exceed the
maximum coverage for a driveway.
Roy says it increases the overhang beyond the allowable projection, as well as adding GRFA in
the setback.
Rediker asks for public comment. There is none.
Hagedorn says he looked at the history from 2019. There is an argument being made that the property
should be treated equally to other properties in the area. The fact is, variances have already been
approved for this property. In 2019, reducing the GRFA brought this back to a minimum variance that
was being requested to achieve the goal. Now the same thing is being requested that was scaled back
in 2019 to achieve approval.
Jensen agrees with the actions in 2019. He has looked at both sides of the issue, but variances
were established by previous commissions, and he feels a responsibility to honor those.
Phillips agrees. The owner has already received two variances, the third is excessive. The
referenced permits in the area are within allowable setbacks and site coverage.
Pratt says the approval of the funicular was supposed to be screened from the neighbors but does
not include GRFA. The other variances are not for GRFA. We’re being asked to approve GRFA and
roof overhang extensions into the front setbacks. The removal of these was part of the 2019
approval, he hasn’t seen any argument that changes that thinking.
316
Lipnick agrees with previous commissioners that it seems excessive for additional variances to
this property.
Smith concurs with commissioners. A lay person might see this as not a big deal, but the code is
written this way for a reason.
Rediker says the thought is that this is not a big deal, but this creates additional GRFA in the setback.
He cites the variance section and says there is not a practical difficulty or unnecessary hardship. It is
not exactly analogous to the referenced garage example. This is GRFA in the setback in relation to the
criteria in 12-17-6- A. He agrees with Staff that Criteria 1 & 3 are met, however Criteria 2 & 4 are not
met. Granting GRFA in the setback would be a grant of special privilege in this instance under the
code. The 1998 and 2000 decisions both stated there would be no further encroachments beyond the
approved lines in the setback. None of the commissioners were on the PEC in 2019 but that PEC
expressed concerns about the same encroachments that are being proposed generally today. The
PEC at that time granted the overall application based upon the modification of removing this
requested GRFA from the setback, which is relevant to criteria.
Reid Phillips makes a motion to Deny with the findings on page 10-11 of the staff memo; Robyn Smith
seconded the motion Passed (7-0)
4. Approval of Minutes
4.1 PEC Results 5-8-23
PEC_Results_5-8-23.pdf
Robyn Smith made a motion to Approve; Bobby Lipnick seconded the motion passed (4-0)
(Rediker, Pratt, & Jensen abstain)
5. Information Update
Roy says a hold will be put on the requested conversation about the Booth Falls area while there is
ongoing litigation.
6. Adjournment
Henry Pratt made a motion to Adjourn; Brad Hagedorn seconds the motion Passed (7-0)
317