HomeMy WebLinkAbout2023-09-19 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 August 1, 2023 TC Meeting Minutes
3.2 August 15, 2023 TC Meeting Minutes
4.Town Manager Report (10 min.)
4.1 Council Matters and Status Report
5.Action Items
5.1 Revely Vail and Vail Holidays Event Plan and Budget
Requests
20 min.
1. Authorize the Town Manager to enter into an agreement
with RythmEFX for the design and construction of the Santa’s
Village, on a form approved by the Town Attorney, in an
amount not to exceed $81,920.
2. Authorize the Town Manager to increase the marketing
fund expense budget by $125,000 for Revely Vail and Vail
Holidays, along with increasing the reimbursement from Vail
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually via Zoom
Zoom meeting link:https://us02web.zoom.us/webinar/register/WN_XSVHWZB0S2qOrZMZDdCIGQ
6:00 PM, September 19, 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.
Thank you for your work protecting the big horn sheep!.pdf
Hear this.....pdf
Dear council_ Vail Valley Dr.pdf
080123 TC Meeting Minutes.doc
081523 TC Meeting Minutes.doc
230919 Matters.docx
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Resorts by $125,000. Recognizing this will have a net zero
impact to the Town of Vail costs.
Presenter(s): Jeremy Gross, Special Event Coordinator
Background: Update of early season activation for Revely Vail
and Vail Holidays.
6.Public Hearings
6.1 Ordinance No. 17, Series of 2023, Second Reading, An
Ordinance for a Prescribed Regulation Amendment
Pursuant to Section 12-3-7 Amendment, Vail Town Code,
to Amend Section 12-21-10 Development Restricted, to
Allow Structures in the Housing Zone District to be Built
on a Slope of 40% or Greater and Setting Forth Details in
Regard Thereto. (PEC23-0016)
5 min.
Approve, approve with amendments, or deny Ordinance No.
17, Series 2023, upon second reading.
Presenter(s): Greg Roy, Planning Manager and Jonathan
Spence, Planning Consultant
Background: The Planning and Environmental Commission
(PEC) held a public hearing on the proposed amendment on
August 14, 2023. There was discussion as to the
appropriateness of the variance process and corresponding
criteria for reviewing housing developments on steep slopes.
The PEC also discussed the potential impact of the code
change on the review of large residential structures on steep
slopes. It was determined that the existing review process
based on adopted building codes and other engineering
requirements would be unaffected by removing the need for a
variance for projects on steep slopes within the Hosing District.
The PEC recommended approval in a 6-1-0 vote (Pratt
opposed). Commissioner Pratt expressed a preference to
continue to review potential development on steep slopes
within the Housing District on a case by case basis, using the
existing variance process.
7.Adjournment 6:50pm (estimate)
230919 - Early Season Activations Update and Budget Request.pdf
20230919 - Early Season Event Update Presentation.pdf
Ordinance No. 17, Series 2023 Staff Memorandum.pdf
Attachment A. Ordinance No. 17, Series of 2023.pdf
Attachment B. PEC23-0016 Memo 8-14-23.pdf
Attachment C. PEC Minutes, August 14, 2023.pdf
Reducing standards for “affordable “ housing.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:September 19, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Thank you for your work protecting the big horn sheep!.pdf
Hear this.....pdf
Dear council_ Vail Valley Dr.pdf
4
From:Kimberly Schlaepfer
To:Council Dist List
Cc:PublicInputTownCouncil
Subject:Thank you for your work protecting the big horn sheep!
Date:Tuesday, September 19, 2023 5:28:25 PM
Dear Town Council,
My name is Kim Schlaepfer and I am a resident of Avon and have lived in Eagle county, including the town of Vail
for the last six years. I am so grateful for the town Council‘s continued work to protect the bighorn sheep! I think
it’s critically important that we protect their remaining habitat, and I respect and appreciate the leadership from the
council to make sure that Vail Resorts does not bully their way into developing the property. Please keep up the
good fight, and know you have supporters in the community!
Cheers,
Kimberly Schlaepfer
Sent from my iPhone
5
From:Zachary Lewison
To:Council Dist List
Cc:PublicInputTownCouncil
Subject:Hear this....
Date:Tuesday, September 19, 2023 3:48:53 PM
Dear town council,
I would not like to see the purchase of the east vail property go through. I do not believe that the $17mil purchase
price, even if subsidized $5mil or so by the county, is an appropriate use of the funds if it takes away funding from
the Vail community. I would like to see that money invested into more projects that are currently successful in town,
shift bike, restore the gore, engagement concerts, more housing developments, and the development of more future
projects. Please give up this fight and allow VR to build desperately needed housing on the land.
8 Year Vail Resident,
Zack
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From:JOHN & DIANA DONOVAN
To:Council Dist List
Subject:Dear council/ Vail Valley Dr
Date:Tuesday, September 19, 2023 3:44:53 PM
Once again I was driven off the pavement onto the gravel by a car who refused to share the middle when no other
cars, bikes or people were in sight! This afternoon a Tov car drove straddling the dashed line the length of the
soccer field. Bikes have passed me in the “bike” lane. I have reported these incidents several times and NO ONE has
responded. You can not have these unusual “solutions” in a tourist town. And now we have 2 aged men walking
this road daily and both are deaf and walk watching their footing and they are unable to understand or remember this
crazy “solution”. Just waiting for one of them to get hit.
All summer we dealt with people and kids who had a hard time controlling their electric bike but they were part of
the mix.
Can’t we go back to thinking about the welfare of the community and resort instead of special interests controlling
everything without a single thought for the impacts on the rest of us.
Sadly
Diana Donovan
Full time resident and concerned/involved citizen for 58 years
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:September 19, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:August 1, 2023 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
080123 TC Meeting Minutes.doc
8
Town Council Meeting Minutes of August 1, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, August 1, 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
Douglas Smith, a West Vail resident, spoke in favor of the Dobson Ice Arena renovation project
and asked Council to fully maximize on the opportunity.
Damien Woetzel, Director of the Vail Dance Festival, thanked Council and the Town for their
contributions and support.
John Rediker, a West Vail resident and member of Vail Recreation District Board, voiced his
concerns regarding the VRD’s ability to contribute to the Dobson Ice Arena renovation project
and the recommended the VRD Board have a seat at the table during the design process.
Laura Alvarez, Program and Events Director of Speakup Reachout, gave an update regarding
the organization and their goals moving forward.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1 Resolution No. 28, Series of 2023, A Resolution Approving the Purchase of
Residential Property
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Town Council Meeting Minutes of August 1, 2023 Page 2
Approve Resolution No. 28, Series of 2023, to authorize the Town Manager to enter into an
agreement, approved by the Town Attorney, to purchase Pitkin Creek Condominium, Unit 14-A,
4081 Bighorn Road, Vail, Colorado in the amount of, and not to exceed, $775,000, plus closing
costs.
Background: The ability of housing for its employees remains an ongoing need for the Town of
Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is
challenged by the need for housing for its workforce. As the FTE count for the Town grows so
does it's need to support housing for the employees. Over the years the Town has taken a wide
range of approaches to addressing its employee housing needs, including "buying down" homes
for purchase by Town of Vail employees. Availability of adequate housing remains a primary
barrier to acceptance of employment offers for the Town of Vail.
Coggin made a motion to approve, Davis seconded motion passed (7-0).
3.2 Contract Award to Umbrella Roofing for the Roof Replacement of 5137 Black Gore
Drive
Authorize the Town Manager to enter into an agreement with Umbrella Roofing in a form
approved by the Town Attorney, in the amount of, and not to exceed $81,250.
Background: The town purchased this home in the fall of 2021. It’s eight bedrooms are being
used as employee housing. The home was constructed in 1973. The last roof replacement
appears to have been over 30 years ago. The home is in desperate need of replacing the
existing shake shingle roof with a new roof. The building has experienced severe ice damming
and leaks over the last two winters with considerable expense to correct.
Davis made a motion to approve; Foley seconded motion passed (7-0).
4. Town Manager Report
4.1 Town Manager Report
Forrest explained staff would be going to the community for letters of interest to fill the four
remaining positions on the Civic Area Plan Committee and that Bobby Lipnik was the Planning
and Environmental Commission’s representative.
4.2 Council Matters and Status Report
4.3 Vail Town Council Priority Goals for 2023
5. Action Items
5.1 Ordinance No. 14, Series of 2023, First Reading, an Ordinance of the Town Council of
the Town of Vail, Colorado Repealing and Reenacting Section 1-5-8 of the Vail Town
Code, Regarding Compensation for the Mayor and Town Council Members
Presenter(s): Krista Miller, Director of Human Resources and Risk Management
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Town Council Meeting Minutes of August 1, 2023 Page 3
Approve, approve with amendments, or deny Ordinance No. 14, Series of 2023 upon first
reading.
Background: The Town Council reviewed comparable community elected council compensation
and requested an update to Council Compensation with the intent of encouraging demographic
diversity of future councils and streamlining the process for adjustments to these compensation
rates.
Miller explained the proposed ordinance would update the monthly rate to $1,700 for Mayor and
$1,200 for Town Council Members and would be enacted following the upcoming November 7,
2023 election.
Miller went on to state the ordinance would include an automatic escalation tied to the
Denver/Aurora/Lakewood Consumer Price Index (CPI) following each election cycle.
Mire clarified for Council and the public record, Council members could not give themselves
raises and the current Council members would need to get reelected after being term limited to
receive the proposed compensation model.
Foley asked about the mayor’s position for the next election cycle since Langmaid would be
term limited.
Mire answered the new mayor would get the new amount.
Mason explained CPI stood for the Consumer Price Index.
Miller defined CPI as an economic indicator that was based on consumer prices and created by
the Bureau of Labor Statistic and was put out quarterly.
Foley made a motion to approve; Davis seconded motion passed (7-0).
5.2 Ordinance No. 15, Series 2023, First Reading, An Ordinance Repealing and
Reenacting Section 7-3B-8 of the Vail Town Code, Regarding the Regulation of Boots on
Motor Vehicles
Presenter(s): Chief Ryan Kenney, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 15, Series 2023 upon first reading.
Background: Staff is asking Council to approve changes to the Town's booting ordinance. The
requested changes will bring the Town of Vail in line with PUC regulations.
Kenney stated the Vail Police Department had seen a recent increase in “booting” in Vail to deal
with private parking problems.
Kenney went on to explain some of the booting interactions had become violent and required a
police response and the current booting ordinance did not give the police department a lot of
options for enforcement or compliance.
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Town Council Meeting Minutes of August 1, 2023 Page 4
Kenney summarized the updated ordinance, stating it would follow the Public Utilities
Commission (PUC) guidelines. The only difference would be the Vail Police Department was
requesting anyone that would like to boot in the Town of Vail register with the police department
and have a report of cars that were booted at the end of each day in order to avoid predatory
booting.
Staufer asked if private people, who wanted to boot on their own property, needed to register
with Vail Police Department.
Kenney responded, no, a private person booting on their own property would be an exemption.
Foley asked for clarification if a condo association with a large parking lot had issues with the
public poaching spots during the ski season.
Kenney explained the association could go through the process to receive their own booting
license through PUC or hire a booting company that has a PUC license.
Staufer moved to approve, Foley seconded motion passed (7-0).
5.3 Ordinance No. 16, Series of 2023, First Reading, An Ordinance Amending Title 12 of
the Vail Town Code to Clarify the Requirements for the Issuance of a Building Permit
Presenter(s): Matt Mire, Town Attorney and Greg Roy, Planning Manager
Approve, approve with amendments, or deny Ordinance No. 16, Series of 2023 upon first
reading.
Roy explained, currently the Town Code only required compliance with Title 12 in order to issue
a building permit and the proposed ordinance would open the requirements to not having any
violations of the code.
Mire added the current ordinance was outdated and the proposed ordinance would bring the
code up to date.
Coggin made a motion to approve with the findings on page three of the staff memorandum;
Mason seconded motion passed (7-0).
6. Public Hearings
6.1 Ordinance No. 13, Series 2023, Second 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
Presenter(s): Matt Mire, Town Attorney
Approve, approve with amendments, or deny Ordinance No. 13, Series of 2023 upon first
reading.
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Town Council Meeting Minutes of August 1, 2023 Page 5
Background: At the direction of Council, staff is bringing forward a modification to the Town
Code regarding the Local Licensing Authority.
Mire stated there were no changes made since the first reading and recapped the reasoning for
the proposed ordinance by explaining the State Liquor Laws have changed and have given the
Town Clerks more authority administratively.
Langmaid thanked everyone that had served on the Local Licensing Authority over the years.
Public comment was called. There was none.
Coggin made a motion to approve, Davis seconded motion passed (5-2, Foley and Staufer
opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded motion passed (7-0), meet adjourned at 6:24 p.m.
Respectfully Submitted,
Attest:__________________________________
Kim Langmaid, Mayor
______________________________
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 3.2
Item Cover Page
DATE:September 19, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:August 15, 2023 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
081523 TC Meeting Minutes.doc
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Town Council Meeting Minutes of August 15, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, August 15, 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
Robyn Smith, a West Vail resident, suggested alternatives for bear-proof trash can
replacements.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1 July 18, 2023 TC Meeting Minutes
Foley made a motion to approve, Coggin seconded motion passed (7-0).
3.2 Resolution No. 29, Series of 2023, A Resolution Approving the Purchase of
Residential Property (Timber Ridge Parcel)
Approve Resolution No. 29, Series of 2023, to authorize the Town Manager to enter into an
agreement, approved by the Town Attorney, to purchase Timber Ridge Parcel (North Frontage
Road West), in the amount not to exceed $1,715,000 plus closing costs.
Background: The Town of Vail Housing Department has met with CDOT representatives with
the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing
the Town’s adopted housing goal, adding more open space, and providing trailhead parking.
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Town Council Meeting Minutes of August 15, 2023 Page 2
Coggin made a motion to approve; Foley seconded motion passed (7-0).
3.3 Resolution No. 30, Series of 2023, A Resolution Approving the Purchase of
Residential Property (West Middle Creek Parcel)
Approve Resolution No. 30, Series of 2023 to authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, to purchase West Middle Creek Parcel
(North Frontage Road), in the amount not to exceed $2,277,000 plus closing cost.
Background: The Town of Vail Housing Department has met with CDOT representatives with
the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing
the Town’s adopted housing goal, adding more open space, and providing trailhead parking.
Mason made a motion to approve; Foley seconded motion passed (7-0).
3.4 Resolution No. 31, Series of 2023, A Resolution Approving the Purchase of
Residential Property (Bighorn Parcel)
Approve Resolution No. 31, Series of 2023 to Authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, to purchase Bighorn Parcel (Columbine
Drive and Spruce Way) in the amount not to exceed $2,410,500 plus closing costs.
Background: The Town of Vail Housing Department has met with CDOT representatives with
the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing
the Town’s adopted housing goal, adding more open space, and providing trailhead parking.
Davis made a motion to approve; Mason seconded motion passed (7-0).
3.5 Resolution No. 32, Series of 2023, A Resolution Approving the Purchase of
Residential Property
Approve Resolution No. 32, Series of 2023 to authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, to purchase Buffer Creek Condominium,
Unit A2, 1860 Meadow Ridge Road, Vail, CO. 81657, in the amount not to exceed, $765,000,
plus closing costs.
Background: The ability of housing for its employees remains an ongoing need for the Town of
Vail municipal government. As the fourth largest employer in Vail. the Town of Vail too is
challenged by the need for housing for its workforce. AS the FTE count for the Town grows so
does it's need to support housing for the employees. Over the years the Town has taken a wide
range of approaches to addressing its employee housing needs, including "buying down" homes
for purchase by Town of Vail employees. Availability of adequate housing remains a primary
barrier to acceptance of employment offers for the Town of Vail.
Staufer made a motion to approve; Coggin seconded motion passed (7-0).
3.6 Contract Amendment for Taste of Vail
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Town Council Meeting Minutes of August 15, 2023 Page 3
Authorize the Town Manager to amend the agreement with Taste of Vail, in a form approved by
the Town Attorney, in the amount of, and not to exceed $60,000, with $45,000 in the initial
funding contract and $15,000 in the amendment.
Background: As part of the 2nd cycle of event sponsorship proposals reviewed by the
Committee on Special Events in April 2023, the Taste of Vail submitted a request for
supplemental sponsorship funding. The request was reviewed by the CSE and the Event
Funding Committee. Subsequent meetings were held between CSE representatives, town staff,
and the Taste of Vail Board to evaluate the sponsorship request and a final amount of $15,000
additional sponsorship was recommended.
Coggin made a motion to approve; Foley seconded motion passed (7-0).
3.7 Contract Award to Colorado Gold and Turf to purchase four Electric Delivery Carts
Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with
Colorado Golf and Turf to purchase four electric delivery carts, in an amount not to exceed
$163,938.31.
Background: The 2023 Capital Improvement Projects (CIP) budget includes $250,000 for the
purchase of electric delivery carts for the e-delivery program. Staff have spent the last 18
months testing various electric carts to ensure the best long-term solution for the program.
Davis made a motion to approve; Coggin seconded motion passed (7-0).
3.8 Contract Award to Populous for Dobson Ice Arena Major Renovation Project
Authorize the Town Manger to enter into an agreement, approved by the Town Attorney, with
Populous for Dobson Ice Arena Major Renovation Project, in an amount not to exceed
$3,882,524.
Background: The Town of Vail owns the Dobson Ice Arena and leases it on a long-term
agreement to the Vail Recreation District. The arena was originally built in 1979 and has had
one addition, plus smaller remodels, performed over the years. There has not been a major
remodel completed of the entire arena. This facility is well-worn and in need of a major update.
Over the last four months, Populous has worked to complete the conceptual programming and
budget to allow the project to move forward.
Seibert gave an updated regarding the renovation process by explaining the initial proposed
$37M budget was thought to be enough money to make significant upgrades to the arena. After
evaluating the current building, the proposed budget to just bring the arena up to code,
increased the budget to $55M and making any more additions to the site would increase the
budget significantly.
Seibert suggested using the Civic Area Plan to meet some of those upgrades instead.
Foley thanked the VRD for being the Town’s partners on the project and explained bringing the
current arena up to code was going to be a large financial hit to both the Town and the VRD and
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Town Council Meeting Minutes of August 15, 2023 Page 4
as much as they would like to add a fitness center or some other upgrades, it wasn’t feasible
with the economic situation at the moment.
Davis asked if the Council was setting something into motion by approving the contract with
Populous without a plan to pay for the work.
Staff explained Council would need to approve the project before moving forward with the
various stages, the proposed contract was to start the design drawing process and had already
been budgeted.
Mason made a motion to approve; Staufer seconded motion passed (7-0).
3.9 Contract Award to Hyder Construction for Municipal Building HVAC System
Replacement
Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with
Hyder Construction for to replace the mechanical HVAC system at the Town Municipal Building,
in an amount not to exceed $1,205,180.
Background: The Town of Vail previously awarded Hyder Construction a contract on March 7,
2023, for the replacement of the Mechanical Equipment for the Vail Municipal Building. This was
based on preliminary set of plans at the time. There have been additional design details, in
addition for the need to provide final design conformance to ensure the equipment will properly
fit and function as intended.
Coggin stated he was going to approve the contract, but wanted to understand how the project
went from $700,000 to $1M and was still considered in budget.
Greg Hall, Director of Public Works and Transportation, responded the budget was significant
for the renovations to the Town of Vail’s Municipal Building at $1.8M to accomplish other
upgrades, but because of the HVAC the scope of work had to reduced.
Forrest explained the HVAC project was a priority because if the current system went out in the
winter, staff would not be able to get the required parts to fix it.
Davis made a motion to approve; Foley seconded motion passed (7-0).
4. Town Manager Report
4.1 Town Manager Report
There was one.
4.2 Council Matters and Status Report
5. Action Items
5.1 Winter Parking Discussion
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Town Council Meeting Minutes of August 15, 2023 Page 5
Presenter(s): Greg Hall, Director of Public Works and Transportation and Stephanie Kashiwa,
Parking Operations Manager
Provide direction to the staff regarding the recommended winter 2023-2024 Parking Plan to set
the rate calendar, set the rates, and set the offered passes and pricing.
Background: The Vail Parking & Mobility Task Force met on July 21 & August 8, 2023, to review
the 2022-2023 winter season and to make recommendations for the Winter 2023-2024 Parking
Program. The Task Force also reviewed information from the consultants of Fehr & Peers on
the Transportation and Mobility Master Plan and discussed goals of the group going forward.
Hall and Kashiwa took turns giving Council an updated on the 2022-2023 winter parking
program. Some of the updated information included:
Many of the policies and operations were put into place to manage parking demand
while keeping in mind the needs of the Town’s economic drivers being guests and
employees. An emphasis on lessening the number of overflow parking days on the S.
Frontage Rd was set forth.
The number of overflow frontage road days decreased 26 days from 53 days in the
2021- 2022 winter season to 27 days for the 2022-2023 season.
A Peak and Non-Peak calendar was created to encourage alternative modes of
transportation during historically busy periods and encourage the use of available
parking during less busy periods. Peak Day Transactions decreased by 7.5%.
Overnight rates were raised to $60 per night in the village structures. An overnight fee of
$35 in the Red Sandstone garage was also implemented both were targeted to free up
spaces in the structures in the mornings.
The free two hours when first entering the structures were changed to one hour to
encourage turnover and discourage abuse of the free period by looping. Total
transactions were down 4.0%.
The free period for vehicles entering after 3 p.m. until 4 a.m. was continued.
Premier, Business Premier, Employee Plus, Employee, Eagle County Local, and Vail
Local passes were offered.
The Employee Plus and Employee passes initiated passholders to pay at the exit station
when they accrued a fee. The Eagle County and Vail Local passes were built to charge
a card on file in their parker portal when they accrued a fee. Many issues and missing
functionality in the Local Pass types were found throughout the season.
Coggin asked if staff was able to rectify the issues with after-hour employees in the village that
would arrive after 3pm for their shift and try to leave after 4am when their shift was completed.
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Town Council Meeting Minutes of August 15, 2023 Page 6
Hall explained the issue was cleared up and those employees would utilize the DUI program
and get out for free.
Coggin also questioned the rate of the Local Parking pass and if the Town was incentivizing the
behavior the Town was trying to deter by providing a cheaper product in the market.
Hall explained staff was currently going through an RFP process to be able to do more with the
pass structure but are limited with the program the Town currently uses.
Davis expressed he felt a lot of the learning process for the new program was put on the locals
the previous year and keep the Town should keep the upcoming year the same as last year.
Hall stated staff was hopeful to find a program with more rate flexibility and user friendly.
Foley questioned the accuracy of the license plate readers and how that effects guests looping
in the parking structures.
Kashiwa explained staff saw a big reduction in looping over the past winter and although staff
had the capability to use the license plate readers to issue tickets, they chose not to, due to the
reduction of looping.
Foley made a motion to approve the rate calendar, the rates and the offered passes and
pricings as set forth in the staff memorandum dated August 15, 2023; Coggin seconded motion
passed (7-0).
Council members took turns thanking Kashiwa and her team for the good work they have done
with the parking program.
6. Public Hearings
6.1 Ordinance No. 14, Series of 2023, Second Reading, an Ordinance of the Town Council
of the Town of Vail, Colorado Repealing and Reenacting Section 1-5-8 of the Vail Town
Code, Regarding Compensation for the Mayor and Town Council Members
Presenter(s): Krista Miller, Director of Human Resources and Risk Management
Approve, approve with amendments, or deny Ordinance No. 14, Series of 2023 upon second
reading.
Background: The Town Council reviewed comparable community elected council compensation
and requested an update to Council Compensation with the intent of encouraging demographic
diversity of future councils and streamlining the process for adjustments to these compensation
rates.
Miller gave a brief recap of the ordinance, explaining the ordinance would update the new
monthly rates for incoming Town Council members and mayors after future elections and will
set forth an annual increase based on the Consumer Price Index.
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Town Council Meeting Minutes of August 15, 2023 Page 7
Public comment was called. There was none.
Foley clarified the increase would not apply to the current Council members that continue their
term for the next two years, but the new Mayor who would be elected in November would be
eligible for the increase.
Davis made a motion to approve; Coggin seconded motion passed (7-0).
6.2 Ordinance No. 15, Series 2023, Second Reading, An Ordinance Repealing and
Reenacting Section 7-3B-8 of the Vail Town Code, Regarding the Regulation of Boots on
Motor Vehicles
Presenter(s): Chief Ryan Kenney, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 15, Series 2023 upon second
reading.
Background: Staff is asking Council to approve changes to the Town's booting ordinance. The
requested changes will bring the Town of Vail in line with PUC regulations.
Kenney explained there were no changes made to the ordinance from first reading.
Public comment was called.
Evghen Cojocari, Colorado Booting LLC, expressed his concerns with the proposed ordinance
by stating there wasn’t notice given to the booting company regarding the proposed ordinance,
asked how much would the application fee cost for the booting company to work in the Town of
Vail, explained there were discrepancies regarding what license would need to be displayed and
the method of accepting payments to remove boots, and the ordinance implied the Vail Police
Department would not investigate damage of private property or theft of private property if
someone were to cut the boot off of a car instead of paying for it to be removed.
Kenney addressed some of the concerns by explaining there was not an application fee, the
police department would not be issuing licenses, instead, the police department would be
asking for the companies to display the PUC license, and stated if there was intentional harm to
a device, the police department would investigate.
Council members asked for the ordinance to reflect there wouldn’t be an application fee, there
would be police involvement should a device be intentionally harmed and asked that online
payments be accepted to remove devices.
Kenney stated he would need to look further into the payment matter as that was not a Town of
Vail rule, but from the State of Colorado and explained the company would need to be able to
accept any form of payment in case a card reader or online payment was inaccessible.
Foley asked if Council should table the reading to clear up discrepancies with in the ordinance.
21
Town Council Meeting Minutes of August 15, 2023 Page 8
Mire clarified Council would like the ordinance to state there was no fee to obtain a license, the
PUC License would need to be displayed, and explain what intentional damage entailed.
Foley wanted to make sure the ordinance was done right and provide recourse for the people
that were trying to get out of paying for parking.
Foley moved to table Ordinance No. 15, Series of 2023 to the first meeting in September;
Staufer seconded motion passed (7-0).
6.3 Ordinance No. 16, Series of 2023, Second Reading, An Ordinance Amending Title 12
of the Vail Town Code to Clarify the Requirements for the Issuance of a Building Permit
Presenter(s): Matt Mire, Town Attorney
Approve, approve with amendments, or deny Ordinance No. 16, Series of 2023 upon second
reading.
Background: The applicant, Town of Vail, is proposing to amend Section 12-3-9 Compliance;
Violations; Penalties. This update was recommended by the Town’s legal department and is
intended to clarify the requirements for issuance of a building permit. The amendment will
update a section of the code which has not seen significant updates in recent years and will
bring the code into greater alignment with similar communities.
Mire stated there were no changes from first reading, which followed the Planning and
Environmental Commission’s recommendations that stated a person could not obtain a building
permit if they were in violation of any title or chapter of the Vail Town Code.
Mason confirmed all the recommendations from the Planning and Environmental Commission
were in the ordinance.
Public comment was called. There was none.
Coggin made a motion to approve with the findings on page three of the staff memorandum,
Davis seconded motion passed (7-0).
There being no further business to come before the council, Coggin moved to adjourn the
meeting; Staufer seconded motion passed (7-0), meet adjourned at 6:53 p.m.
Respectfully Submitted,
Attest:__________________________________
Kim Langmaid, Mayor
______________________________
Stephanie Bibbens, Town Clerk
22
Town Council Meeting Minutes of August 15, 2023 Page 9
23
AGENDA ITEM NO. 4.1
Item Cover Page
DATE:September 19, 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:
230919 Matters.docx
24
COUNCIL MATTERS
Status Report
Report for September 19, 2023
Concerns about safety with bikes and e-bikes: Council expressed concern about
bike safety on bike paths; a suggestion was made about next summer changing a
slow-down in Lionshead to a “dismount zone”. Staff will return with more information
and recommendations.
Recognition of successful Vail Social, Vail Valley Foundation concerts, the
Board Appreciation Night and Jazz Festival!
Congratulations to staff on the opening and move-in for Residences at Main
Vail! And great coverage on Channel 9 News!
Council suggestion for easier Short Term Rental information: Council
suggested creating a video to help educate property owners on renewing STR
licenses.
Social Media Listening
https://share.sproutsocial.com/view/5c73a666-ac14-41a9-b3a6-66ac14a1a931
This report reflects mentions from Wednesday, 8/30 –Wednesday 9/13.
It’s interesting to note how the difference in visitation impacts message volume, note how this 2 week
span compares to Wednesday, 6/7 to Wednesday 6/21:
25
It’s heartening to note the Positive Sentiment score remains constant.
In the News______________________________________________________
Aug. 30
Booth Heights Gag Order
https://www.vaildaily.com/news/court-lifts-some-confidentiality-requirements-in-dispute-between-vail-
vail-resorts/
Vail Social
https://www.vaildaily.com/news/vail-social-community-potluck-serves-up-creativity-and-fun/
Sept. 1
Vail Library 40th Anniversary
https://www.vaildaily.com/news/vail-library-celebrates-40-years-in-current-location/
Sept. 6
Booth Heights Valuation Hearing
https://www.vaildaily.com/news/is-booth-heights-parcel-in-east-vail-worth-23-million/
Prop 123 Funding
https://www.vaildaily.com/news/vail-town-council-approves-applying-for-proposition-123-affordable-
housing-funding/
Vail InDeed
https://www.redrocknews.com/2023/09/06/no-takers-yet-for-citys-str-deed-restriction-program/
Sept. 9
Booth Heights Valuation Hearing
https://www.vaildaily.com/news/squabble-between-vail-vail-resorts-over-parcels-value-will-continue-
to-fifth-day-in-court/
26
Sept. 12
Residences at Main Vail
https://www.youtube.com/watch?v=ytC1aY9Kdzo
OSAC Recommendation for Booth Heights
https://www.vaildaily.com/news/eagle-county-open-space-committee-recommends-5m-to-help-
preserve-east-vail-parcel/
Sept. 14
Booth Heights Valuation
https://www.vaildaily.com/news/after-five-day-hearing-commission-to-decide-what-vail-owes-vail-
resorts-for-parcel/
Upcoming Council Events
o November 7 – Election Day!
27
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:September 19, 2023
TIME:20 min.
SUBMITTED BY:Jeremy Gross, Economic Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Revely Vail and Vail Holidays Event Plan and Budget Requests
SUGGESTED ACTION:1. Authorize the Town Manager to enter into an agreement with
RythmEFX for the design and construction of the Santa’s Village, on a
form approved by the Town Attorney, in an amount not to exceed
$81,920.
2. Authorize the Town Manager to increase the marketing fund
expense budget by $125,000 for Revely Vail and Vail Holidays, along
with increasing the reimbursement from Vail Resorts by $125,000.
Recognizing this will have a net zero impact to the Town of Vail
costs.
PRESENTER(S):Jeremy Gross, Special Event Coordinator
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
230919 - Early Season Activations Update and Budget Request.pdf
20230919 - Early Season Event Update Presentation.pdf
28
To: Mayor and Town Council
From: Economic Development Department
Date: September 19, 2023
Subject: Early Season Event Programming: Revely Vail, Vail Après, Vail Holidays
I. SUMMARY
Since 2019, the Town of Vail and Vail Mountain have partnered to create early
season event activation to draw guests to town and provide an enhanced guest
experience during the early days of the winter season. The program was designed to
complement Vail Mountain's expanded snowmaking, which provides expanded early
season upper mountain terrain. The goals of the early season activations are to:
• Ensure that the early season is a great time to visit Vail, regardless of the snow
conditions.
• Create a fun, engaging, and memorable experience in town and on Vail
Mountain.
Revely Vail and Vail Holidays are the event brands that encompass the early season
programming.
II. BACKGROUND
Highlights of early season activation for Revely Vail and Vail Holidays:
Revely Vail: November 10 to December 15, 2023, and
Vail Holidays December 16, 2023, to January 7, 2024
• NEW: “Santa’s Village” Playhouse Installation
• Thanksgiving Weekend Village Concerts – three days of family-
friendly live music on the International Bridge
• Local/Employee Season Kickoff Concert on Monday, November 27th
• Holiday Tree Lightings in Vail and Lionshead
• Kris Kringle Market
• Outdoor Skating Shows
• Silent Discos
• Ski Movie Après Parties and Demos
• Art Classes
• New Year's Eve Torchlight, Fireworks and Silent Discos
29
Town of Vail Page 2
The combined programming, activities, events, and village enhancements are
designed to ensure guests and the community will enjoy a lively and festive
experience during Après.
The New “Santa’s Village”
An RFP was published to identify the design and construction of a whimsical,
miniature holiday town within Vail. The goal is to have approximately eight small
playhouse-sized structures built and decorated with holiday and alpine themes,
for kids and families to interact with, take photos of, and build memories around.
The structures will be built in a variety of styles, ranging from a gingerbread
house themed bakery, to reindeer stables and a North Pole hotel modeled after
local architecture. Two proposals were received and reviewed, and a selection
was made to contract with RythmEFX. The structures will be owned by the Town
and reused in subsequent years. Santa’s Village will serve as a centerpiece for
village animation during the early season period.
Staff is requesting that council approve a contract with RythmEFX for the
construction of the Santa’s Village Playhouses, on a form approved by the town
attorney, in an amount not to exceed $81,920.
Revely Vail and Vail Holidays Budget
The total budget required for Revely Vail and Vail Holidays is $295,000, with
$170,000 included in the town budget and $125,000 being funded by Vail
Mountain. While the town budget for December 2023 was finalized in 2022, Vail
Resorts does not finalize their budget for December 2023 until late summer,
2023. Therefore, the revenue was not included in the town’s 2023 budget but has
since been approved by Vail Mountain.
Staff is requesting that the approved budget for the proposed early season
activations be increased from $170,000 to $295,000, and that the revenue
budget be increased by $125,000 to reflect the contribution from Vail Resorts.
The net impact to the town’s budget will be zero.
30
Town of Vail Page 3
III. RECOMMENDATION
Staff recommends proceeding with the current schedule of events and activities as
funded and described above for the early winter season period.
IV. ACTION REQUESTED OF COUNCIL
1. Provide feedback on the event plan.
2. Direct the Town Manager to enter into an agreement with RythmEFX for the
design and construction of the Santa’s Village, on a form approved by the Town
Attorney, in an amount not to exceed $81,920.
3. Authorize the Town Manager to increase the marketing fund expense budget by
$125,000 for Revely Vail and Vail Holidays, along with increasing the
reimbursement from Vail Resorts by $125,000. Recognizing this will have a net
zero impact to the Town of Vail costs.
31
Early Season Event Update
Revely Vail, Vail Holidays and the new Santa’s Village
32
Revely Vail.
Vail’s Welcome To The Brilliance Of Winter
•Revely Vail was created in 2019 in collaboration with Vail Resorts to enhance the early season guest experience on and off the mountain, supporting the on-mountain snowmaking investment.
•From opening day through mid-December, Revely creates a warm welcoming atmosphere in the villages with enhanced holiday lighting, music, family programming, and holiday activities.
•The activations and event elements are designed to surprise and delight guests and create loyalty to the brand.
33
Revely Vail
Vail’s welcome to the brilliance of winter.
November 10, 2023 –December 16,2023
•NEW Santa’s Village
•Live Après Entertainment
•Holiday Tree Lighting
•Kringle Holiday Market
•Keepsake Art Projects
•Village concerts with Locals/Employee Kickoff Party
34
Vail Holidays
•December 16 – January 7, 2024
• NEW- Santa’s Village
•Daily après music
•Holiday Tree Lighting
•Silent Disco
•Ugly Sweater Run
•NYE Fireworks
35
New Santa’s Village
Transport yourself into the magical holiday world of Vail’s Santa Village
•8 playhouse sized structures will be designed, built, and decorated with magical winter themes.
•From 4’x4’ to 10’x10’ in size, the buildings will reflect Vail’s architectural cues with themes like a reindeer stable, toy workshop, gingerbread bakery and more.
•Together the structures will create a small “north pole” town on the streets of Vail for play, photos ops, and family memories.
36
New Santa’s Village
Selected Proposal received from RythmEFX
Design and construction of 8 playhouses. 3 different size options proposed. A combination of Dollhouse style with no interior access and playhouse with interior finishes. Total budget $81,920
See mood boards below.
37
Santa’s Village Design Inspiration
38
Santa’s Village Design Inspiration
Betty’s Market Playhouse at the
Betty Ford Alpine Gardens
39
Budget
Staff is requesting that the
approved budget for the
proposed early season
activations be increased from
$170,000 to $295,000, and
that the revenue budget be
increased by $125,000 to
reflect the contribution from
Vail Resorts. This shift will
have a net zero impact on the
general fund.
Item Budget Impact
Programming $ 167,200.00
Marketing $ 15,000.00
Santas Village $ 81,920.00
Lighting, Supplies, Storage $ 21,353.00
Miscellaneous $ 9,527.00
Event Subtotal $ 295,000.00
Town Of Vail Event Budget $ 170,000.00
Vail Mountain Contribution $ 125,000.00
Contribution Total $ 295,000.00
Net budget impact $ 0.00
40
Action Requested of Council
1.Provide feedback on the event plan.
2.Direct the Town Manager to enter into an agreement with RythmEFX for the design and
construction of the Santa’s Village, on a form approved by the Town Attorney, in an
amount not to exceed $81,920.
3.Authorize the Town Manager to increase the marketing fund expense budget by
$125,000 for Revely Vail and Vail Holidays, along with increasing the reimbursement
from Vail Resorts by $125,000. Recognizing this will have a net zero impact to the Town
of Vail costs.
41
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:September 19, 2023
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Community Development
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 17, Series of 2023, Second Reading, An Ordinance
for a Prescribed Regulation Amendment Pursuant to Section 12-
3-7 Amendment, Vail Town Code, to Amend Section 12-21-10
Development Restricted, to Allow Structures in the Housing Zone
District to be Built on a Slope of 40% or Greater and Setting
Forth Details in Regard Thereto. (PEC23-0016)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 17,
Series 2023, upon second reading.
PRESENTER(S):Greg Roy, Planning Manager and Jonathan Spence, Planning
Consultant
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ordinance No. 17, Series 2023 Staff Memorandum.pdf
Attachment A. Ordinance No. 17, Series of 2023.pdf
Attachment B. PEC23-0016 Memo 8-14-23.pdf
Attachment C. PEC Minutes, August 14, 2023.pdf
Reducing standards for “affordable “ housing.pdf
42
Town of Vail 1
TO: Vail Town Council
FROM: Community Development Department
DATE: September 19, 2023
SUBJECT: Second reading of Ordinance No. 17, Series of 2023, for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-21-10 Development Restricted, to allow structures in
the Housing Zone District to be built on a slope of 40% or greater and setting
forth details in regard thereto. (PEC23-0016)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, is proposing to amend Section 12-21-10, Development
Restricted to allow structures in the Housing (H) zone district to be built on slopes of 40%
or greater. The current language of this code section does not permit structures on
slopes of 40% or greater except in Single-family Residential, Two-family Residential or
Two-family Primary/Secondary Residential zone districts. The impetus of this proposal is
Town Council Priority 4, an initiative to bring greater alignment between land use
regulations and identified town goals. This minor amendment to the Town Code will
remove an unnecessary review step in the development of deed restricted housing.
On September 5, 2023, the Vail Town Council approved (7-0-0) the first reading of
Ordinance No. 17, Series of 2023.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 17, Series of 2023, on second reading.
III. DESCRIPTION OF REQUEST
The proposed Prescribed Regulation Amendment will add the Housing (H) Zone District
to those districts exempt from the prohibition of structures on slopes of 40% or greater.
43
Town of Vail 2
Please see Attachment A. Ordinance No. 17, Series of 2023, for the revised language for
Section 12-21-10, Vail Town Code.
IV. BACKGROUND
The Planning and Environmental Commission (PEC) held a public hearing on the
proposed amendment on August 14, 2023. There was discussion as to the
appropriateness of the variance process and corresponding criteria for reviewing housing
developments on steep slopes. The PEC also discussed the potential impact of the code
change on the review of large residential structures on steep slopes. It was determined
that the existing review process based on adopted building codes and other engineering
requirements would be unaffected by removing the need for a variance for projects on
steep slopes within the Housing District. The PEC recommended approval in a 6-1-0 vote
(Pratt opposed). Commissioner Pratt expressed a preference to continue to review
potential development on steep slopes within the Housing District on a case by case
basis, using the existing variance process.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2023, on
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“The Vail Town Council approves, on second reading, Ordinance No. 17, Series
of 2023, an ordinance to amend Section 12-21-10 Development Restricted, to
allow structures in the Housing Zone District to be built on a slope of 40% or
greater.”
Should the Vail Town Council choose to approve Ordinance No. 17 Series of 2023, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:”
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
VI. ATTACHMENTS
44
Town of Vail 3
A. Ordinance No. 17, Series of 2023
B. Staff Memorandum to PEC, August 14, 2023
C. PEC Minutes, August 14, 2023
45
8/25/2023
\\FILESERVER2019\REDIRECTED$\JSPENCE\DOWNLOADS\ORINANCE NO. 17, SERIES OF 2023.DOCX
ORDINANCE NO. 17
SERIES 2023
AN ORDINANCE REPEALING AND REENACTING SECTION 12-21-10
OF THE VAIL TOWN CODE, REGARDING RESTRICTED
DEVELOPMENT IN HAZARD ZONES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-21-10: DEVELOPMENT RESTRICTED:
(A) The term “structure” as used in this Section does not include
recreational structures that are intended for seasonal use other than
residential use.
(B) No structure shall be constructed in any flood hazard zone or red
avalanche hazard area.
(C) Structures may be constructed in blue avalanche hazard areas
provided that proper mitigating measures have been taken.
(D) No structure shall be constructed on a slope of forty (40) percent or
greater except in the following zone districts: Housing (H), Single-Family
Residential (SFR); Two-Family Residential (R); or Two-Family
Primary/Secondary Residential (PS).
(E) The Administrator may require an applicant desiring to build in an
avalanche hazard zone of influence to submit a definitive study of the
hazard area in which the applicant proposes to build, if the Town's master
hazard plan does not contain sufficient information to determine if the
proposed location is in a red hazard or blue hazard area. The study shall
be completed in accordance with Chapter 12 of this Title.
(F) The Administrator may require an applicant desiring to build in a blue
avalanche hazard zone to submit a definitive study indicating whether
improvements are required to mitigate the possible hazard, and if required,
a description of the improvements proposed. The study shall be completed
in accordance with Chapter 12 of this Title.
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.
46
2
8/25/2023
\\FILESERVER2019\REDIRECTED$\JSPENCE\DOWNLOADS\ORINANCE NO. 17, SERIES OF 2023.DOCX
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 ___ day of ______________,
2023 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2023, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
47
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 14, 2023
SUBJECT: A request for the review of a Prescribed Regulation Amendment pursuant to
Section 12-3-7 Amendment, Vail Town Code, to amend Section 12-21-10
Development Restricted, to allow structures in the Housing Zone District to be
built on a slope of 40% or greater. (PEC23-0016)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, is proposing to amend Section 12-21-10, Development
Restricted to allow structures in the Housing (H) zone district to be built on slopes of 40%
or greater. The current language of this code section does not permit structures on slopes
of 40% or greater except in Single-family Residential, Two-family Residential or Two-
family Primary/Secondary Residential zone districts.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting that the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council to
amend Section 12-21-10 Development Restricted, to allow structures in the Housing Zone
District to be built on a slope of 40% or greater. This amendment will allow construction of
housing developments to occur on slopes of 40% or greater in the Housing (H) zone
district, without the need for a variance.
III. BACKGROUND
The Housing zone district was added to the Vail Town Code in 2001, while the restriction
on development on slopes equal to or greater than 40% has been in place since 1978.
This restriction has prevented the construction of multi-family or commercial development
on steep slopes unless a variance is granted.
48
Town of Vail Page 2
Since its inception in 2001, the Housing zone district has been applied to the following
areas to further the development of deed restricted housing:
• Chamonix (Chamonix Townhomes, Development on Parcel E (future)
• Timber Ridge (Lions Ridge and Timber Ridge II)
• Middle Creek (Middle Creek, Residences at Main Vail, West Middle Creek
(future)
• Lower Potato Patch (Solar Vail)
• East Vail (Booth Heights)
Variances have been obtained to allow development on slopes of 40% or greater for the
Residences at Main Vail and the Chamonix Parcel B developments and would be
necessary for future development in the West Middle Creek area without the proposed
text amendment.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The proposed code section would be amended as follows:
Existing language 12-21-10 Development Restricted:
(A) No structure shall be built in any flood hazard zone or red avalanche hazard area.
No structure shall be built on a slope of 40% or greater except in single-family
residential, two-family residential or two-family primary/secondary residential zone
districts. The term “structure” as used in this section does not include recreational
structures that are intended for seasonal use, not including residential use.
Proposed language 12-21-10 Development Restricted:
(A) No structure shall be built in any flood hazard zone or red avalanche hazard area.
No structure shall be built on a slope of 40% or greater except in the housing,
single-family residential, two-family residential or two-family primary/secondary
residential zone districts. The term “structure” as used in this section does not
include recreational structures that are intended for seasonal use, not including
residential use.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
49
Town of Vail Page 3
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding a recommendation to the Town Council.
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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Town of Vail Page 4
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
CHAPTER 21 HAZARD REGULATIONS (IN PART)
12-21-10: DEVELOPMENT RESTRICTED:
A. No structure shall be built in any flood hazard zone or red avalanche hazard
area. No structure shall be built on a slope of forty percent (40%) or greater
except in single-family residential, two-family residential, or two-family
primary/secondary residential zone districts. The term "structure" as used in this
section does not include recreational structures that are intended for seasonal
use, not including residential use.
VAIL TOWN COUNCIL ACTION PLAN 2018-2020
Our Mission - Grow a vibrant, diverse economy and community and preserve our
surrounding natural environment, providing our citizens and guests with exceptional
services and an abundance of premier recreational, cultural and educational
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Town of Vail Page 5
opportunities.
Community - Engage our community in honoring social, recreational, cultural, and
educational values that will guide sustainable strategies throughout our neighborhoods
as the foundation of our town’s continued success. Ensure that our citizens are afforded
the opportunity to live and thrive in our community.
• Housing as necessary infrastructure to our community
Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of
our resort competitors.
• Update long range strategic plans to enhance competitiveness of the Town of Vail
Experience - Deliver on the promise, “Vail. Like nothing on earth” that also supports
“preserving our natural environment”.
• Excellent municipal services
• Convenient, efficient, and safe parking and transportation venues
Sustainability - Balance our economic, environmental, and social needs to deliver a
sustainable community.
• Strategic implementation of environmental programs
• Excellent stewardship by monitoring and maintaining our natural environment
• Climate action to achieve reduction of greenhouse gas emissions
• Reduce the environmental impact of transportation
• Explore and encourage sustainable building practices
VAIL HOUSING 2027
Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
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Town of Vail Page 6
Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive,
vibrant and sustainable mountain resort community where year-round residents are
afforded the opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and economic
well being. We create housing solutions by recognizing and capitalizing on our unique
position as North America’s premier international mountain resort community in order
to provide the highest quality of service to our guests, attract citizens of excellence and
foster their ability to live, work, and play in Vail throughout their lives.
Our strategic solutions and actions result in the retention of existing homes, creation of
new and diverse housing infrastructure, and collaboration with community partners. For
Vail, no problem is insurmountable. With a consistent, community-driven purpose and
an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for
the 21st century. The Town is well positioned financially to undertake this significant
challenge.
Mission: Maintaining and Sustaining Community - We create, provide, and retain high
quality, affordable, and diverse housing opportunities for Vail residents to support a
sustainable year round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our residents have a
place to live in Vail
Policy Statement: Resident Housing as Infrastructure - We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.
VAIL LAND USE PLAN
CHAPTER II – LAND USE PLAN GOALS / POLICIES:
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
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Town of Vail Page 7
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and
the permanent resident.
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in areas
that are not highly visible from the Valley floor. New projects should be carefully
controlled and developed with sensitivity to the environment.
1.10 Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for
public use.
1.12. Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
VII. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
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Town of Vail Page 8
environmental impacts. The existence and extent of environmental impacts are evaluated
during the rezoning and development plan processes.
VIII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed text amendment to allow the development within the Housing (H) District
on slopes of 40% or greater furthers the general and specific purposes of the zoning
regulations by providing for the growth of an orderly and viable community in a manner
harmonious with the established character as a resort and residential community of high
quality. In these times of unprecedented community housing needs, without the
obtainment of additional deed restricted housing within the Town, the ability to maintain
established community qualities and economic values will be challenging. Community
housing is necessary infrastructure that is critical in furthering the purposes of the zoning
regulations. The proposed text amendment allows the development of this much-needed
community resource in areas within the Housing (H) zone district, on steep slopes,
without the need for a variance.
Staff finds that the proposed text amendment meets this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Staff finds that the proposed amendment will better implement or achieve the applicable
elements of the adopted goals, objectives, and policies outlined in the Vail
Comprehensive Plan. The amendment allows the development of needed community
housing as identified and supported by the numerous elements of the community plan
including Vail Housing 2027. Per the Land Use Plan, development proposals on hillsides
should be evaluated on a case-by-case basis with development sensitive to its
environment. All properties within the Housing (H) zone district have been purposely
identified through the rezoning process as suitable for the development of community
housing, a clear public purpose.
Staff finds that the proposed text amendment meets this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
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Town of Vail Page 9
Although community/workforce housing has been an identified need since the inception of
the Town of Vail, economic factors including the rapid increase in short-term rentals have
significantly reduced this housing type, previously provided by the private sector. The
development of additional community housing is critical in maintaining Vail’s position as
North America’s premier international mountain resort community. The proposed text
amendment increases the availability of land within the Housing (H) district for such
development. The prohibition of development on slopes of 40% or greater in the Housing
zone district is no longer appropriate.
Staff finds that the proposed text amendment meets this criterion.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff finds that the text amendment maintains a harmonious, expedient, workable
relationship among land use regulations consistent with the Town’s development
objectives. The amendment only applies to properties already identified through the
rezoning process as being suitable for the development of community housing, while
removing the unnecessary need for a variance.
Staff finds that the proposed text amendment meets this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments.
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendment.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section VIII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
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Town of Vail Page 10
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-
7 Amendment, Vail Town Code to amend Section 12-21-10 Development Restricted, to
allow structures in the Housing Zone District to be built on a slope of 40% or greater.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the August 14, 2023, staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
57
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
Planner: Jonathan Spence
Applicant Name: Town of Vail
3.1
A request for the review of a Prescribed Regulation Amendment pursuant to Section 12-3-
7 Amendment, Vail Town Code, to amend Section 12-21-10 Development Restricted, to
allow structures in the Housing Zone District to be built on a slope of 40% or greater.
(PEC23-0016)
Planner Spence introduces the application. He gives the history and purpose for the application; part of
the goal is to remove barriers in the code to the development of deed restricted housing. When the
Housing zone district is applied, the boards and council have made the determination that the property is
suitable for the development of housing.
Rediker asks why the code discourages building on slopes of 40% or greater.
Spence says at the time it was enacted in the 1970s, there was not the need or consideration to build
housing on steep slopes. The purpose at the time was to prevent housing on these slopes, which may
have negative visible impacts. Since that time there is a greater need for housing, and applying the
Housing zoning designation determines if a site is appropriate for development.
Rediker asks about the dangers of building in steep slopes, like erosion and rock fall. Do these play into
the 40% number?
Spence says the application does not change the requirements related to any type of hazard. The
development can occur safely as it is analyzed through the building permit process.
Rediker asks if an applicant currently would have to apply for a variance for housing on steep slopes?
Planning and Environmental Commission Minutes
Monday, August 14, 2023
1:00 PM
Vail Town Council Chambers
PEC23-0016 Memo 8-14-23.pdf
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 58
Spence talks about the variance process and criteria. It’s appropriate to remove the need for the
variance, since the variance criteria speaks more to the uniqueness of a situation and not the safety or
developability of a site – which is addressed elsewhere.
Rediker asks if the variance now is another check on the suitability of a site.
Spence talks about the review process in these cases. The variance doesn’t provide additional review in
terms of the suitability of development.
Rediker asks if there is still review and checks in these cases. These would still occur if we were to pass
the proposed changes today?
Spence says it only changes the need for a variance, there is still adequate review regarding the steep
slopes.
Lipnick asks if projects will still be evaluated on a case-by-case basis as mentioned in memo.
Spence confirms. This will be checked twice, first when the rezoning to Housing is made. The variance
criteria doesn’t lend itself to this. A more appropriate review of this is through the building permit process.
Lipnick asks about sensitivity to the environment. Will that be dealt with case by case?
Spence says permit review is universal, and on steep slopes requires things like soil-testing and Geotech
consultants. These are unaffected by this proposed amendment. The need for deed -restricted housing
does require a balancing. Staff is confident that the rezoning process examines that properties can be
developed while being sensitive to the environment.
Pratt questions whether the rezoning process looks at this. When Middle Creek was rezoned, we were
told none of it was in the 40%. What happened in the rezoning process in this case?
Roy says the lots being looked at were outside of the 40% area. The aim was to keep the developments
on the flatter portions outside of the 40% area.
Pratt says it seems the rezoning checkpoint didn’t work.
Roy says there may be consideration of further development on the lot in areas with steeper slope that
may require a variance under current code.
Jensen asks about a commercial developer down the road having grounds to challenge restrictions on
building on 40% or greater slopes.
Spence says that is not anticipated. The areas with these steep slopes are not generally where
commercial development has occurred. This is bringing the Housing district in line with the current
allowances for other types of housing. The Town has not seen pressure for other types of development
on steep slopes.
Jensen asks about down the road if that may change.
Roy says the legal team would likely not be concerned; the zoning differentiates the use in multiple ways.
Rediker says he would be less concerned if he better understood the limits where this applies. Where
does this apply?
Spence says the areas of steep slopes where housing may occur are predominately on the north side of
the highway. On the south side steep slopes are in areas that are not being considered for Housing,
often in existing low-density neighborhoods (Forest Road)
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 59
Rediker clarifies that for any potential housing projects, this commission would have the opportunity to
look at the suitability in relation to slope through the rezoning process.
Hagedorn asks if any variance requests of this nature have been denied in the past.
Spence says no.
Rediker understands this is something Council wanted Staff to look at to facilitate the building process.
Did Council look at how a variance is requested today and the criteria and findings.
Spence says that level of analysis did not occur. Council felt the land use code directly influences the
ability to create or realize affordable housing. They directed Staff to look at the code and make
recommendations that would improve the efficiency of development review and creation of affordable
housing.
Smith asks about other safety and review considerations. If these exist why not expand this exception
for other areas?
Spence says the other reason is the visible impact. The focus of the council priority is the development
of deed-restriction housing. A more intensive process would be needed to examine that requirement for
all housing. Aesthetic concerns.
Smith asks about past development in steep slopes, for example Spraddle Creek.
Roy says that sites have platted building envelopes where construction is allowed, on the flatter portions
of the lot, not inclusive of steep slopes.
Smith confirms an unsafe building will not be allowed to be constructed in these slopes.
Rediker references Main Vail and Chamonix Parcel B needing a variance for construction on steep
slopes. Why is there a concern now that the applicant couldn’t come to PEC for a variance? Why not
obtain a variance?
Spence says variances do not set a precedent although they do provide context. The variance standards
and findings are not particularly relevant to the purposes of building on steep slopes. The purpose of this
is not to limit the review of development, the variance was simply identified as a step that has occurred in
the past, may be necessary in the future, but because of the criteria doesn’t speak to the situation at
hand.
Rediker asks why aren’t there provisions in the code that address safety concerns of steep slope sites.
Spence says they are addressed with hazard regulations, as well as the review and reports included with
the building permit process. It is not thought that the variance process adds to those considerations.
Spence and Rediker discuss the existing hazard requirements in 12-21.
Spence says 12-21- 13 refers to single and two-family requirements. They are not quite as rigorous as
multi-family building permits. The life-safety requirements of a multi-family project address these
concerns.
Phillips says having experience with multi-family, the process is significantly more rigorous than it is for
residential. He compares the 30% average language against the greater than 40%. This code was
written in the 1970s when engineering and shoring weren’t as good as what we have now. He talks
about engineering and shoring that has been done on steep slopes with variances. By no means does
multi-family fall under less rigorous requirements, that is part of the building review to look at it rather
than the zoning. He agrees the requirement should be changed because it is currently removing a lot of
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 60
buildable area from consideration.
Smith agrees. She references the higher standards for multi-family versus single/two-family in 12-21-13.
Spence confirms.
Rediker is concerned with consistency in the code. He will take Staff’s word that building code will
address life safety concerns. He references town code 12-21 and 1.6 from the land use plan. He wants
to pass something that is harmonious with the other provisions. Why aren’t 12-21-12, and 12-21-13
being amended.
Spence says those are specific for low density residential because those protections don’t exist as
rigorously in the building code as they do for multi-family.
Rediker asks for public comment. There is none.
Pratt discloses he was involved with SolarVail. They did get a variance for minor encroachment into
hillside. He continues to feel that is the appropriate task to take, saying this will be picked up in the
rezoning proces didn’t happen with West Middle Creek. He goes back to 12-1-2; 5, 7-8, 9. Also Vail Land
Use plan ch.11 (1.6, 1.12), Residential 5.1. These are big buildings that will have big impacts, it should
stay in the variance process that can be reviewed on a case by case basis rather than a blanket
allowance.
Hagedorn says there are inevitably conflicting portions of the code, can you develop affordable housing
without creating density? This is a design and constructability issue, not related to uniqueness or
hardship per the variance criteria. If you’re concerned about this there are still checkpoints in the review
process, this is more of a norm than hardship. He agrees with Phillips, construction techniques have
improved since the 1970s. He is for removing ambiguity and unnecessary steps from the land use
process; this removes an obstacle when all variances have been approved anyway. It furthers the
Town’s goals for the development of deed restricted housing. Are there other districts where similar
changes may be appropriate?
Rediker agrees there is an inherent conflict in some of the land use plans and code. He is more
comfortable that you can allow this to proceed without seeking a variance while still safeguarding safety
and the environment. He would like to know more about the location of these areas, nothing was
presented today.
Jensen says the challenge of affordable housing is the biggest issue this community and valley faces. He
supports this change, someone will have the opportunity to invest the time to figure out how to do the
projects on these sites, it is an encouragement to think bigger. There will be plenty of opportunities for
the Town to review and ensure they meet all the requirements.
Smith says its discriminatory to exclude multi-family while allowing the exception for single family and
two-family residential. When variances become the norm, it indicates the code as written does not meet
the Town goals. The variance process does not add consistency or meaningful review in these cases
beyond what is already existing.
Lipnick is comforted by more restrictive requirements for multi-family and commercial projects. More
deed-restricted housing is the number one priority for this town and the valley. The hazards and safety
measures will be enforced, there is better technology to look at the hazards as well as construction
techniques.
Rediker asks about 12-21. He wants to confirm that the requirements for these districts are less than
what would be required for multi-family under the building code? We don’t need additional code
provisions?
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 61
Spence confirms.
4.Approval of Minutes
4.1 PEC Results 7-24-23
5.Information Update
5.1 Transportation Master Plan Update
Tom Kassmel, Town Engineer, gives an update on the Transportation Master Plan update. He goes
through a presentation on the elements of the update.
He answers commissioner questions on some of the proposed bike/pedestrian path extensions.
He talks about landscaping, lighting, wayfinding, and signage. He addresses speed limits and transit.
Smith and Kassmel discuss how transit ridership relates to visitation numbers. Kassmel addresses
potential transit service improvements. He walks through regional transit improvements. He talks about
facilities and infrastructure improvements. He talks about the parking data and the methodology. He talks
about parking management options.
Smith asks about conflict and safety issues. Kassmel addresses that relationship.
Jensen says what could be the priorities for the first five years versus longer projects down the road.
Pratt observes the frontage road overflow happens during the week more and more. How does that
factor into management strategies? Kassmel speaks to some of the trends, Fridays and Saturdays are
the busiest.
Pratt points out the conflicts between pedestrians, bikes, and e-bikes, keeping that safe. Kassmel
outlines some of the options.
Rediker addresses concerns with the speed of vehicles, particularly within West Vail. He encourages the
Town not to raise speed limits for that reason.
Jensen gives Council credit for reducing amount of free time in parking garages.
Phillips asks if there are any restrictions from CDOT regarding overflow parking on frontage.
Kassmel says there is an agreement limiting the number of days in different areas.
Hagedorn asks if the Eagle Valley Trail Initiative could be a partner. Kassmel says that is a good
opportunity, they will look at possible grants and partners.
Pratt asks about the number of cars going to trailheads, particularly in east vail and beyond.
Bobby Lipnick made a motion to Recommend for approval with the findings on pg. 10 of the staff memo.;
Robyn Smith seconded the motion Passed (7 - 0).
PEC Results 7-24-23.pdf
Reid Phillips made a motion to Approve ; Bobby Lipnick seconded the motion Passed (7 - 0).
PEC 8-14-23 - Info Update Transportation MP Memo.pdf
PEC 8-14-23 - Info Update Transportation MP Presentation.pdf
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 62
Kassmel says it is being looked at, something like the Booth Falls shuttle has been effective.
5.2 Environmental Department Update - Car Share
Beth Markham, Environmental Sustainability Manager, gives a presentation on carsharing. She walks
through different carshare program models.
Lipnick asks about third-party vendors in Vail. Markham says they have not been here to her knowledge.
Jensen wonders if the Town could implement a fee -in-lieu that could support programs like this,
particularly for some of the larger housing projects. Also what are the management limitations in terms of
time and distance.
Markham gives examples of some programs around the state.
Rediker and Markham discuss the self-managed model as used in Aspen.
Lipnick asks about the operation of third-party providers.
Smith talks about some of the models being used in California, which is a leader in the field.
Jensen talks about the rentals at the Eagle County Airport, would they be interested in expanding with
support. They’re in that business, it could be a public-private partnership.
Rediker ask about the maintenance of third party managed vehicles. Markam says the user is often
responsible for refilling or recharging, with varying costs.
Pratt asks about self-driving vehicles. Markham says that is still an emerging field.
Jensen asks where the Town is on this. It seems like the Town may need to invest in a pilot program to
learn how it would work in Vail.
Markham says that is an approach the Town is looking at whether individually or with regional partners. It
is still early in the process; they are collecting the research and feedback from the boards and public. A
needs assessment will also be a next step.
Smith says that assessment will be critically important. That is the best place to start. She recommends
not overlooking the peer-to-peer sharing option.
Markham talks about potential funding and grant opportunities. She outlines next steps.
Hagedorn says electric vehicles in the mix is great, but don’t discount traditional vehicles as well. From
the lens of the PEC, he has concerns about the stickiness of the program. With larger housing projects,
reduced parking is predicated on programs like these, and he has concerns a program goes defunct
when it was relied upon for parking and transportation management.
Pratt says it seems like big investment. Are there other paths or options with less cost and barriers.
5.3 Vail Civic Area Implementation
Matt Gennett, Community Development Director, takes questions.
Rediker asks about the role of the PEC representative, are they conveying the thoughts of the entire
PEC?
PEC 8-14-23 - Info Update EV Car Share Presentation.pdf
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 63
Gennett talks about the composition of the task force. Mr. Lipnick would be a representative of the PEC
on that task force. He will be the conduit between the PEC and the task force meetings.
Rediker says the information update will be important. If the task force looks at Lipnick as the PEC voice,
the whole PEC needs to be aware of what is going on.
Gennett says that will be a part of the role.
6.Adjournment
(Phillips absent)
Bill Jensen made a motion to Adjourn ; Bobby Lipnick seconded the motion Passed (6 - 0).
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Planning and Environmental Commission Meeting Minutes of August 14, 2023 64
From:JOHN & DIANA DONOVAN
To:Council Dist List
Subject:Reducing standards for “affordable “ housing
Date:Tuesday, September 19, 2023 7:50:47 AM
Sent from my iPhone 65