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HomeMy WebLinkAbout2023-11-07 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 Resolution No. 38, Series of 2023, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2024 through December 31, 2024 Approve, approve with amendments, or deny Resolution No. 38, Series of 2023. 3.2 Resolution No. 39, Series of 2023, A Resolution Adopting the Town of Vail's Five-Year Art in Public Places Strategic Plan Approve, approve with amendments, or deny Resolution No. 39, Series of 2023. Background: The purpose of this item is for the Town Council to adopt by resolution the Town of Vail's Five-Year Art in Public Places Strategic Plan. 3.3 Resolution No. 40, Series of 2023, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually via Zoom Zoom meeting link: https://us02web.zoom.us/webinar/register/WN_EAgfk3IaRp-U0-S4__hnBw 6:00 PM, November 7, 2023 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Citizen Participation.pdf 2024 VLMD Budget and Operating Plan Memo TOV.pdf 2023-38 VLMD 2024 Budget.pdf Council_Memo_11_7_23.docx Resolution_AIPP_5_year_plan.docx TOV_StratPlan_2023_6a.pdf 1 Restated Development Agreement between the Town of Vail and David and Izabel Flowers; and Setting Forth Details in Regard Thereto Approve, approve with amendments, or deny Resolution No. 40, Series of 2023. Background: The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the exchange of an employee housing unit deed restriction located at 1220 Westhaven Lane, Unit A, in exchange for the recording of an employee deed restriction on another dwelling unit located at Building D, Columbine North Condominiums, Unit 4, 2773 Kinnickinnick, D4, Vail, CO, 81657. 3.4 Resolution No. 41, Series of 2023, A Resolution Approving an Intergovernmental Agreement between the Town of Vail (The "Town") and Eagle County School District RE50J (The "District") Approve, approve with amendments, or deny Resolution No. 41, Series of 2023. Background: The Vail Police Department would like to formally request the approval of a part-time School Resource Officer (SRO) position at Red Sandstone Elementary School. The safety and well-being of our community's children are of paramount importance, and the presence of an SRO at the school will greatly contribute to enhancing the security and fostering positive relationships between law enforcement and our youngest residents. 3.5 Resolution No. 42, Series of 2023, A Resolution Approving a State of Colorado Subaward Agreement between the Town of Vail and the Colorado Department of Transportation Approve, approve with amendments, or deny Resolution No. 42, Series of 2023. Background: The Town of Vail and the Colorado Department of Transportation wish to enter into an agreement with the purpose of providing capital, planning and operating assistance to support public transportation. 3.6 Contract Award to 106West Couriers, LLC for the Loading and Delivery Program Renewal Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 106West Couriers, LLC for the renewal of the Loading and Delivery Program, not Flowers EHU Deed Restriction Exchange 11072023.docx Resolution_Release_of_Deed_Restriction_Resolution_No._40 Series of 2023 11072023.docx Deed Restriction-A041321_for all Types.docx SRO memo.docx Resolution_SRO_IGA (1).docx 20230927 TOWN OF VAIL SRO IGA DRAFT.docx 2023-__CDOT_Subaward_Agreement_-jmm.docx 2024_5311_Oper.pdf 2 to exceed $1,500,000. Background: The Load and Delivery Program has been fully and successfully implemented since October 1, 2022. The Vail Police Department is asking Council to renew the contract with 106West. 3.7 Contract Award to Squire Broel for a Commissioned Sculpture for the Town of Vail's Public Art Collection Authorize the Town Manager to enter into an agreement with Squire Broel, in a form approved by the Town Attorney, in the amount not to exceed $60,000.00 for the creation of the proposed sculpture for the Town of Vail's public art collection. Background: In July 2023, Squire Broel was the inaugural artist in residence for the Town of Vail’s Art in Public Places Program. Throughout the summer he engaged with the community, Town staff and the AIPP Board to develop a unique sculpture for the Town of Vail’s public art collection. The proposed sculpture, which aligns with AIPP’s five-year Strategic Plan’s vision, goals and objectives, was unanimously approved at the August 7, 2023 AIPP Board meeting. 50% ($30,000) is being privately donated to Art in Public Places for this commissioned sculpture. 3.8 Update to the VLMD 2023 Operating Budget, Having a Net Zero Impact on Operating Expenditures. Approve, approve with amendments, or deny VLMD Budget updates. Background: Please see attached memo. 4.Town Manager Report (10 min.) 4.1 Town Manager Report 4.2 Council Matters and Status Update 5.Action Items 5.1 Resolution No. 43, Series of 20023, A Resolution of the Vail Town Council Adopting the 2023 Gerald R. Ford Park Master Plan Update 10 min. Approve, approve with amendments, or deny Resolution No. 43, Series of 2023. Presenter(s): Todd Oppenheimer, Capital Projects Manager Background: The Vail Town Council instructed Town of Vail staff to prepare an update to the Gerald R. Ford Park Master Plan. The updated Gerald R. Ford Park Master Plan is intended to be an element of the Vail Comprehensive Plan. 106 West Services-A103123.docx Council_Memo_10_26_23.docx 2023 VLMD Budget Update Memo Town Manager Update 110723.docx 231107 Matters.docx Ford_Park_Master_Plan_Adoption_-_TC_Memo_11.7.23.pdf 3 5.2 Resolution No. 44, Series of 2023, a Resolution of the Vail Town Council Approving the Update to the Vail Land Use Plan Associated with the Rezoning of a Portion of Lot 1, Timber Ridge Subdivision. 15 min. The Planning and Environmental Commission voted to recommend approval of Resolution No. 44, Series of 2023. Presenter(s): Greg Roy, Planning Manager Background: This application proposes to designate the former CDOT right-of-way being incorporated into the Timber Ridge Subdivision Lot 1 as High Density Residential land use. The area in question currently does not have a land use designation as a land use category is not applied to right-of- way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a land use designation is needed. 5.3 Ordinance No. 22, Series of 2023, First Reading, an Ordinance to Designate the Zoning of the Proposed Addition to Lot 1, Timber Ridge Subdivision from Undesignated to Housing (H) District 15 min. The Planning and Environmental Commission voted to recommend approval of Ordinance No. 22, Series of 2023 upon first reading. Presenter(s): Greg Roy, Planning Manager Background: This application proposes to zone the former CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not currently have a zoning designation as zoning is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21- 0010), a consistent zoning designation is needed. 5.4 Ordinance No. 23, Series of 2023, First Reading, an Ordinance Amending Title 12, Chapter 6 of the Vail Town Code to Amend the Current Housing District Regulations and to Establish a new Housing District and Amending Sections 14-6-7 and 14-10-9 of the Vail Town Code to Increase the Allowable Maximum Height of Retaining Walls in the Housing Districts 20 min. Ford Park Comp Plan-R101123.docx 2023-10-30_DRAFT_Ford_Park_Master_Plan_Reduced.pdf 23-10-27 Ford Park Master Plan Appendix.pdf 231024_November Council Presentation.pdf PEC_Results_10-9-23.pdf Res 44 of 2023 Staff Memo 11-7-23.pdf Attachment A. Resolution No. 44 Series of 2023.pdf Attachment B. Staff Memo PEC23-0015, 0011 Rezone, LU Amend 8-28.pdf Attachment C. PEC Results 8-28-23.pdf Ord #22 of 2023 Staff Memo 11-7-23 First Reading.pdf Attachment A. Ordinance No. 22, Series of 2023.pdf Attachment B. Staff Memo PEC23-0015, 0011 Rezone, LU Amend 8-28.pdf Attachment C. PEC Results 8-28-23.pdf 4 The Planning and Environmental Commission voted to recommend approval of Ordinance No. 23, Series of 2023 upon first reading. Presenter(s): Greg Roy, Planning Manager Background: The proposed Prescribed Regulation Amendment will amend the standards for the Housing (H) district to create set standards in place of standards prescribed by the PEC. The proposal would also create a second Housing District that would have a lower height maximum to be more compatible in lower density areas. It would also permit retaining walls in either housing district to extend up to fifteen (15) feet in height. 5.5 Ordinance No. 24, Series of 2023, First Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2024 through December 31, 2024 30 min. Approve, approve with amendments, or deny Ordinance No. 24, Series of 2023. Presenter(s): Alex Jakubiec, Budget Analyst and STR Manager Background: Please see attached memo. 5.6 Ordinance No. 25, Series of 2023, First Reading, An Ordinance Banning Expanded Polystyrene To-go Containers and Cups Per the State’s HB21-1162- the Plastic Pollution Reduction Act 15 min. Staff recommends the Vail Town Council approval of the first reading of Ordinance No. 25, Series of 2023 to amend Title 5, Chapter 13 of the Town Code to include state-mandated provisions on the prohibition of expanded polystyrene to-go food containers and cups at food retailers with no changes or amendments. Presenter(s): Beth Markham, Environmental Sustainability Manager Background: Proposed Ordinance No. 25, Series of 2023 amends Title 5, Chapter 13 of the Vail Town Code to include the prohibition of expanded polystyrene to-go containers and cups for ready-to-eat food in food retailers, including restaurants, grocery stores, convenience stores, and school cafeterias as it pertains to state legislation HB21-1162, the Plastic Pollution Reduction Act. Ord #23 of 2023 Staff Memo 11-7-23.pdf Attachment A. Ordinance No. 23, Series of 2023.pdf Attachment B. PEC23-0023 Memo 9-25-23.pdf Attachment C. PEC23-0025 Memo 9-25-23.pdf Attachment D. PEC Results 09-25-23.pdf 2024 TM Budget 1st Reading.pdf Budget 1st Reading Presentation.pdf Ordinance No. 24, Series 2023 5 6.Public Hearings 6.1 Ordinance No. 21, Series of 2023, Second Reading, An Ordinance Amending Chapter 4 of Title 1 of the Vail Town Code by the Addition of a New Sction 1-4-5, to Allow for Penalty Assessments for Code Violations 5 min. Approve, approve with amendments, or deny Ordinance No. 21 Series of 2023 upon Second Reading. Presenter(s): Justin Liffick, Deputy Chief of Police, Vail Police Department Background: Staff is requesting to add a penalty assessment to the penalty ordinance 1-4-1. 7.Adjournment 8:15pm (estimate) PPRA Ordinance No. 25 Series of 2023 Memo- 110723.docx Ordinance No. 25, Series 2023- 110723.docx penaltyassesstocouncil.docx Penalty Assessment-O102623.docx List_of_ordinance_for_fines.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. 6 AGENDA ITEM NO. 1.1 Item Cover Page DATE:November 7, 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: Citizen Participation.pdf 7 From:rolvail@aol.com To:PublicInputTownCouncil Subject:Plastic Bags Date:Monday, November 6, 2023 8:19:08 AM There is no need to ban plastic bags completely when biodegradable ones are available for produce,as they have been here in Italy for many years now. Respectfully, Rol Hamelin E Vail 8 From:Robyn Smith To:PublicInputTownCouncil; Council Dist List Subject:Include Demographic Informaiton on Survey Reports Date:Friday, November 3, 2023 5:14:46 PM Attachments:Add Demographics to TOV Surveys.pdf Hi Council! You've got RRC in front of you to talk about surveys on November 7th! Ask 'em to include demographic information on survey response reports. Please consider the attached slide deck for a self guided explainer and case study! Thank you! Robyn Smith EMBUZI m:917.596.7618 w:embuzi.com e: robyn@embuzi.com 9 Include demographic information on survey response reports. Action Requested of Council (ARC): 110 Problem Statement: “As a public servant in Vail… …I need to know who needs help… …so I can determine what I can do for them.” 211 Hypothesis “By including demographic context on survey questions, citizen needs and feelings will be easier to identify, and more effectively actionable.” 312 Action? What? Where? Include Demographic information on survey response reports Roadmap ARC: Include Demographic information on survey response reports L.O.E. Lift Data already exists Data is segmented, self reported, not sensitive Surveys are limited in frequency - 1-3 per year 4 What: 13 Why: Demographics provide context for targeted action across priorities ARC: Include Demographic information on survey response reports 514 Imagine you are a council member… How would you respond? Case Study: 615 Case Study: Bullet Point How do you respond? 716 Case Study: Infographic 8 How do you respond? 17 Case Study: Demographic Breakout 9 How do you respond? 18 Case Study: Call Out 10 How do you respond? 19 Case Study: City of Aspen Example You can have it all… Source Link 11 Call Out Demographic breakout Infographic Bullet Point 20 Case Study: City of Aspen Example Source link WHO and WHY opportunity segments defined. 12 And more! YOY comparison 21 13 ARC: Include Demographic information on survey response reports Action Requested of Council (ARC): Include demographic information on survey response reports. “As a public servant in Vail I need to know who needs help so I can determine what I can do for them. By including demographic context in survey reports, citizen needs and feelings will be easier to identify, and more effectively actionable.” Suggested Language: 22 Are there 4 hands? Action Requested of Council (ARC): Include demographic information on survey response reports. 1423 AGENDA ITEM NO. 3.1 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Alex Jakubiec, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 38, Series of 2023, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2024 through December 31, 2024 SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 38, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2024 VLMD Budget and Operating Plan Memo TOV.pdf 2023-38 VLMD 2024 Budget.pdf 24 To: Vail Town Council From: Vail Local Marketing District Date: November 7, 2023 Subject: Vail Local Marketing District 2024 Operating Plan and Budget I.BACKGROUND The Vail Local Marketing District approved the 2024 Operating Plan and Budget at the September 7th, 2023, meeting. Since then, there have been no changes to the budget or current operating plan. The Vail Local Marketing District is responsible for marketing and promoting Vail to attract overnight destination guests primarily during the non-ski season timeframe, creating economic vitality by attracting affluent guests who stay longer, thereby increasing sales tax and lodging tax revenues. An additional objective of the VLMD is to attract visitors whose values resonate with those of the Vail community. Performance against these goals is measured through data, including occupancy, average daily rate, and lodging and sales tax revenues, especially during lower demand time periods. The VLMD has recently added a small winter marketing effort to positively impact early and late season occupancy. II.BUDGET DETAIL Budgeted revenue from lodging tax collections is proposed at $5,395,000 for 2024. This projection is conservative and consistent with the town’s projected sales tax revenue for 2024. Due to increased visitation and significant increases in average daily rates, substantial increases in lodging tax revenue occurred in 2021 and 2022, which were up 15% and 46% respectively compared to 2019 —the last year not impacted by Covid-19. The 2024 projections are based on current year-to -date collections and reflect a no rmalization in visitation. Year-to- date lodging tax collections through July of $3.7M are up 1.6% compared to 2022. Summer 2023 (May through July) collections are pacing down 6.0% compared to 2022. Conservatively, 2024 total lodging tax collections are forecasted at $5.4M based on year-to -date collections of $3.7M with the remainder of summer (August through October) projected down 6% and November and December down 4%. These decreases are offset by the projected revenue from the opening this fall of the new Marriott Residence Inn in West Vail. Proposed 2024 budgeted revenue of $5.4M is down 0.4% compared to 2022 actual collections and flat with the 2023 forecast. Proposed budgeted expenditures are $5,771,200 for 2024 programs. Excluding one-time transfers in 2023, this is a 6% increase from the amended 2023 budget. This includes a one- time use of reserves of $311,200. The 2024 ending fund balance is projected to be $2,204,328 which is 40% of revenues and above Council’s directive of 25% of annual revenues. 25 Town of Vail Page 2 III.2024 OPERATING PLAN & BUDGET 2023 was a transitional year and 2024 is a building year for the Vail Local Marketing District. Now in its fifth year of operation with its own website and marketing channels, important steps are being taken to enhance Discover Vail as the destination authority for Vail . Focus is being brought to key projects including developing a new brand, implementing Vail’s StewardshipRoadmap and evolving into a comprehensive, year-round Destination Marketing Organization (DMO). As the Vail Local Marketing District Advisory Council (VLMDAC) looks to the future, and in service of the VLMD’s overarching business goal, the VLMD’s 202 4 strategic approach is guided by the business objective and priorities identified below: Business Objective: Drive responsible year-round revenue growth in Vail by targeting overnight guests who stay longer and spend more, while effectively communicating community and brand values. Areas of focus continue to include increasing mid-week and lower demand time period stays. Priorities •Optimize Visitation: To target affluent guests, maximize longer stays and higher spend , and gain greater understanding of the customer through research, while educating on community values. The 2024 strategy includes: o Grow destination markets o Activate lodging campaigns to fill need periods o Reclaim market share Enhance video distribution o Prioritize Mexico as a key market o Effecitvely market to targeted groups o Incorporate proactive stewardship messaging •Build Loyalty: To grow the customer database, to use data to understand our guest, and to enhance engagement & loyalty. The 2024 strategy includes: o Create Analytics Center of Excellence to provide insights on channels beyond email and database to all partners o Create hyper-personalization in email, enabled by AI-based content versioning o Grow highly engaged newsletter signup audience on web and in -market o Continued testing of campaign concepts to inform loyalty strategy o Enhanced video strategy to build upon owned channels (web, email, social) •Lead Stewardship: To develop and deliver upon a brand position that reflects community values, differentiates Vail in ways that build its competitive edge, and inspires all to care for Vail, the 2024 strategy includes: o Launch new brand to build Vail's competitive advantage o Build a brand campaign around Vail attributes to drive traveler intent. o Create an in-market stewardship messaging campaign o Build a diversity, equity and inclusion strategy •Brand Positioning: To position Vail as the Premier International Mountain Resort Community and work with community partners to define, support and deliver on the brand . The 2024 strategy includes: o Build a brand campaign around Vail attributes to drive traveler intent o Create strategy and implementation plan for 2025 brand launch 26 Town of Vail Page 3 o Renew and affirm VLMDAC board mission to guide strategy Summary The 2024 operating plan represents a positive shift by primarily focusing on driving visitation through paid media to more selectively target a high-value customer, one who stays longer and spends more and aligns with community values. With a new brand and campaign, Vail is positioned to lead among its competitive set despite mounting concerns regarding the economy. The emphasis on expanding the database, using data to better understand our guests, enhancing guest engagement and loyalty by optimizing content and 1:1 personalized messaging will build a strong foundation for greater visitation and marketing efficiency. IV.ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT The Vail Local Marketing District Advisory Council recommends that the Vail Local Marketing District approve the 2024 Operating Plan and Budget of $5,771,200. 27 2022 Actuals 2023 Budget 2023 Amended Budget 2023 Forecast 2024 Proposed Budget Income Lodging Tax 5,414,323 4,500,000 5,235,500 5,430,000 5,395,000 Interest Income 2,730 1,000 36,000 36,000 65,000 Total Income 5,475,679 4,501,000 5,271,500 5,466,001 5,460,000 Expense Destination 877,796 990,000 990,000 990,000 1,141,040 International 74,085 120,500 126,500 126,500 172,300 Front Range 267,708 355,000 355,000 355,000 250,000 Groups and Meetings 229,324 300,705 300,705 300,705 320,667 Public Relations Expenses 181,608 90,500 140,500 140,500 156,500 Content/Influencer Strategy 74,151 125,500 173,900 173,900 172,153 Photography / Video 154,425 224,475 374,475 374,475 390,200 Research 155,707 78,050 78,050 78,050 123,805 Web Site 234,778 412,750 542,950 542,950 374,090 Admin Miscellaneous 5,972 8,000 8,000 8,000 27,600 Email Marketing 165,446 195,000 202,840 202,840 338,000 Branding 644,182 575,150 787,050 787,050 749,500 Contingency 100,000 250,000 250,000 250,000 250,000 Database Warehousing and Research 529,524 361,095 444,545 444,545 500,227 In-Market Marketing 36,082 60,000 60,000 60,000 100,735 Marketing Sponsorship - - 59,000 59,000 50,000 Professional Fees Legal and Accounting 25,000 32,000 32,000 32,000 32,000 Lodging Liaison 72,515 48,000 48,000 48,000 51,736 Advertising Agent Fees 187,292 166,000 166,000 166,000 221,160 Marketing Coordination-TOV 120,000 143,000 143,000 143,000 143,000 Marketing Coordination-VVP 41,500 45,275 45,275 45,275 53,986 Professional Fees - MYPR 105,836 119,000 119,000 119,000 152,500 Total Professional Fees 554,435 553,275 553,275 553,275 654,382 Total Expense 4,285,224 4,700,000 5,446,790 5,446,790 5,771,200 Revenue over (Under) Expenditures 1,190,455 (199,000) (175,290) 19,211 (311,200) Transfer to General Fund - 1,400,000 1,410,000 1,410,000 - Beginning Fund Balance 2,710,862 3,175,898 3,901,317 3,901,317 2,510,528 Ending Fund Balance 3,901,317 1,576,898 2,316,027 2,510,528 2,199,328 Fund Balance (25% required)71%35%44%46%40% 2024 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE VAIL LOCAL MARKETING DISTRICT 28 Resolution No. 38, Series of 2023 RESOLUTION NO. 38 SERIES OF 2023 A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the operating plan the Vail Local Marketing District (the “VLMD”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2024, and ending on the 31st day of December, 2024. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of November 2023. ___________________________________ Kim Langmaid, Town Mayor Attested: _________________________ Stephanie Bibbens, Town Clerk 29 AGENDA ITEM NO. 3.2 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 39, Series of 2023, A Resolution Adopting the Town of Vail's Five-Year Art in Public Places Strategic Plan SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 39, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council_Memo_11_7_23.docx Resolution_AIPP_5_year_plan.docx TOV_StratPlan_2023_6a.pdf 30 To:Town Council From:Molly Eppard, Art in Public Places Coordinator, Art in Public Places Board Date:10/25/2023 Subject:Adoption of Town of Vail’s Five-Year Art in Public Places Strategic Plan I. PURPOSE The purpose of this memorandum is for Town Council to adopt by resolution the Town of Vail’s Five-Year Art in Public Places Strategic Plan. II. BACKGROUND In 2022, with the guidance of consultants, a thorough review of all existing Art in Public Places governing documents was conducted, followed by interviews, works sessions, and surveys with public representatives, stakeholders, and Town staff. Recommendations for modifications, additions, and/or deletions for the current and future program were synthesized into the Five- Year Strategic Plan. A new vision statement, set of goals, objectives, and action steps are outlined within this plan. •Vision Statement: •The Town of Vail Art in Public Places Program creates a diverse and meaningful public art experience to engage the community and enhance the cultural vitality of Vail. •Goals: •Create an exceptional and diverse public art collection. •Integrate public art throughout the Town of Vail. •Engage the community with memorable and meaningful public art experiences. •Sustain funding for the AIPP Program. The Five-Year Art in Public Places Strategic Plan aligns with the Town of Vail vision: To be the Premier International Mountain Resort Community! And the Town of Vail 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 recreational, cultural and educational opportunities. III. ACTION REQUESTED OF COUNCIL Formally adopt by resolution the Town of Vail’s Five-Year Art in Public Places Strategic Plan. 31 RESOLUTION NO. 39 Series 2023 A RESOLUTION ADOPTING THE TOWN OF VAIL’S FIVE-YEAR ART IN PUBLIC PLACES STRATEGIC PLAN WHEREAS, the Town of Vail officially adopted the Art in Public Places Program in 1992 to promote and encourage the development and public awareness of fine arts; WHEREAS, the Town of Vail officially adopted its first Art in Public Places Strategic Plan on November 6, 2001; WHEREAS, the Town of Vail engaged consultants to review all existing Art in Public Places governing documents, and to interview public representatives, stakeholders, Art in Public Places Board members, and Town staff for the development of an updated Strategic Plan; WHEREAS, the Art in Public Places Board (the “Board”) developed and adopted an updated vision statement reflective of the Five-Year Strategic Plan; WHEREAS, the Board developed and adopted a set of goals with objectives and actions steps to implement the goals within the Five-year Strategic Plan; and WHEREAS, the Board formally adopted the five-year Art in Public Places Strategic Plan (the “Plan”), attached hereto as Exhibit A and made a part hereof by this reference, at a regular meeting on September 11, 2023. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Council hereby adopts the Plan in substantially the same form attached hereto as Exhibit A, and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of Vail Town Council held this 7th day of November 2023. _________________________ Kimberly Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 32 2023-2028 5 YEAR STRATEGIC PLAN 33 The Art in Public Places Board is pleased to present the 2023-2028 Strategic Plan to guide the program initiatives and objectives over the next five years. This document reflects the invaluable input and insight from our Board members, Coordinator, and consultants, along with community representatives and Town staff to create a diverse and meaningful art experience throughout the Town of Vail. We are enthused with the community interest in evolving the Art in Public Places Program and Collection. With many thanks to all who have participated in this endeavor and support the visual arts. Art in Public Places Board Kathy Langenwalter, Chair Susanne Graf Tracy Morrison Gordon Courtney St. John Lindsea Stowe AIPP Staff Molly Eppard, AIPP Coordinator Greg Hall, Public Works Director Vail Town Council Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jen Mason Pete Seibert Jonathan Staufer Consultants Kendall Peterson, Theresquared, LLC Jill Stilwell, Stilwell Cultural Consulting, LLC 2 / INTRODUCTION Art in Public Places 2023–28 ART IN PUBLIC PLACES 2023–2028 Fr o n t C o v e r A r t : W e A r e A l l B u i l d i n g N e s t s b y J a s o n M i d d l e b r o o k 34 ART IN PUBLIC PLACES PROGRAM Contributing to Vail’s identity, the Town of Vail’s Art in Public Places (AIPP) Program was officially adopted in 1992 to “promote and encourage the development and public awareness of fine arts.” The ordinance adopting the AIPP Program and establishing an AIPP Board was based on the Art in Public Places Program Policies and Guidelines adopted in July of 1989. The AIPP Board adopted its first Strategic Plan in 2001. The Board is composed of five community members appointed by the Vail Town Council. ART IN PUBLIC PLACES COLLECTION The town’s public art collection includes over 70 works ranging from paintings, sculptures, murals, playground elements, to site-specific integrated art. The collection includes works by Claes Oldenburg and Coosje van Bruggen, Jesús Moroles, Bryan Hunt, Lamont Joseph White, to name a few. Often referred to as a “Museum without Walls”, the collection also includes a recent gift of sculptures by Lawrence Weiner, Preston Singletary, Jason Middlebrook, Brad Kahlhamer and Yoram Wolberger from the notable collection of Vicki and Kent Logan. Since 2019, 10 murals have been created by Colorado artists to enhance public spaces, highlighting a diversity of subject matter and style. AIPP also curates temporary installations in both the summer and winter seasons. STRATEGIC PLAN PROCESS In 2022, a thorough review of all existing AIPP governing documents was conducted. The 2001 AIPP Strategic Plan, the 1989 Program Policies and Guidelines and associated Town ordinances were examined with the AIPP Board and Coordinator. Interviews, work sessions and surveys were conducted with public representatives, stakeholders, and Town staff to assess recommendations for modifications, additions and/or deletions for the current and future AIPP Program. The 2001 Strategic Plan has benefitted the Vail Public Art program well. Since the time these original documents were drafted, public art program standards across the country have matured, as has the AIPP Program for the Town of Vail. 3 / INTRODUCTION Art in Public Places 2023–28 ABOUT VAIL At an elevation of 8,150 feet and incorporated in 1966, the Town of Vail is internationally known for its natural beauty, alpine environment, incomparable skiing, year- round recreation, and cultural activities. These characteristics attract a significant number of people to visit Vail throughout the year with many guests eventually becoming permanent residents. The founders of Vail planned the town with a vision to create a unique mountain town and vacation destination. Much of the success of Vail, as a resort and as a community, has been a direct result of their original concept. ART IN PUBLIC PLACES 2023–2028 35 4 / INTRODUCTION Art in Public Places 2023–28 VI S I O N ST A T E M E N T ARTIST RESIDENCY STUDIO & PROGRAM The launch of the Artist Residency Studio and Program is a priority for AIPP. The proposed artist studio in Ford Park will provide a space for artists to create, demonstrate their processes, and engage with the community. The directives of the Artist Residency Program will be an addendum to this Strategic Plan and will continue to evolve as the program comes to fruition. STRATEGIC PLAN 2023-2028 This Strategic Plan outlines a new set of goals and objectives for the AIPP Program. Each goal has defined objectives and recommended action steps to accomplish within the five-year period. The recommendations also give guidance on funding options to achieve these goals. HOW TO USE THIS STRATEGIC PLAN This document is a living and evolving plan. The AIPP Board may adjust their priorities or add new action steps as opportunities present themselves. The AIPP Board may reference the Strategic Plan to develop annual goals and measure progress which can be synthesized in an annual report. STRATEGIC GOALS 1. Create an exceptional and diverse public art collection. 2. Integrate public art throughout the Town of Vail. 3. Engage the community with memorable and meaningful public art experiences. 4. Sustain funding for the AIPP Program. The Town of Vail Art in Public Places Program creates a diverse and meaningful public art experience to engage the community and enhance the cultural vitality of Vail. Artist in Residency with Squire Broel ART IN PUBLIC PLACES 2023–2028 36 OBJECTIVE 1.1 Be intentional in diversifying the public art collection in terms of artists, perspectives, materials, and/or media. 1 Include Art Selection Criteria in the Art Donation Application Form. 2 Include diversification objectives in the Artist in Residency Program. 3 Amend Vail Town Code, Chapter 25: Public Art, to include diversification objectives. OBJECTIVE 1.2 Diversify the public art experience. 1 Consider Artist in Residency Program applicants with varying art forms and practices. 2 Include more two-dimensional artwork within public facilities. 3 Commission temporary, environmental and installation artwork. Create an Exceptional and Diverse Public Art Collection STRATEGIC GOALS, OBJECTIVES, ACTION STEPS 1 GOAL 5 / STRATEGIC GOALS Art in Public Places 2023–28 SHORT-TERM GOALS MID-TERM GOALS LONG-TERM GOALS 2025 2026to2023 2024to 2027 2028to 37 STRATEGIC GOALS, OBJECTIVES, ACTION STEPS OBJECTIVE 2.1 Include public art throughout the Town of Vail. 1 Identify and prioritize opportunities for public art within our outlying neighborhoods. 2 Identify and prioritize opportunities for public art within our commercial areas. 3 Identify and prioritize opportunities for public art within our parks. 4 Identify opportunities for the inclusion of public art in capital projects. OBJECTIVE 2.2 Activate public art experiences throughout the community. 1 Construct the Artist in Residency Studio. 2 Establish the Artist in Residency Program. 3 Identify locations for AIPP murals. 4 Identify interior sites for public artwork. 5 Coordinate with the Community Development and the Public Works Departments to identify upcoming Town of Vail capital projects. 6 Coordinate with the Vail Recreation District to identify opportunities for public art. Integrate Public Art Throughout the Town of Vail 6 / STRATEGIC GOALS Art in Public Places 2023–28 SHORT-TERM GOALS MID-TERM GOALS LONG-TERM GOALS 2025 2026 2 GOAL to2023 2024to 2027 2028to 38 OBJECTIVE 3.1 Increase community engagement with the AIPP Program and Collection. 1 Activate the Artist in Residency Program. 2 Seek opportunities for two-dimensional, temporary, environmental and installation artwork. 3 Coordinate with the Community Development Department to define AIPP’s areas of responsibility regarding signage within the Town, murals and/or other art proposed on new or existing buildings. 4 Introduce the AIPP Program goals and policies to the Town of Vail Department Heads, Design Review Board and Planning and Environmental Commission members. 5 Develop additional public art tours utilizing self-guided apps and volunteer docents. 6 Produce events that relate to the public art program or artworks. OBJECTIVE 3.2 Initiate opportunities for public participation with the AIPP program. 1 Establish a Friends of Artist Residency Program. 2 Develop public art educational opportunities for Town of Vail employees. 3 Participate in the Town of Vail host training to elevate awareness of public art. 4 Offer new opportunities for residents to volunteer with AIPP. Engage the community through memorable and meaningful public art experiences. 3 GOAL 7 / STRATEGIC GOALS Art in Public Places 2023–28 STRATEGIC GOALS, OBJECTIVES, ACTION STEPS SHORT-TERM GOALS MID-TERM GOALS LONG-TERM GOALS 2025 2026to2023 2024to 2027 2028to 39 8 / STRATEGIC GOALS Art in Public Places 2023–28 OBJECTIVE 4.1 Secure funding for AIPP Programs and operational staffing. 1 Ensure continuation of existing annual funding from the Town of Vail Capital Fund and the Real Estate Transfer Tax Fund. 2 Ensure continuation of the roll forward project account and Winterfest funding. 3 Establish a dedicated art maintenance budget reflective of the expanding collection. 4 Establish a donor program for individuals to contribute financially to the AIPP Program and/or in-kind housing to the Artist in Residency program. 5 Increase AIPP staffing to support expanding AIPP Programs. OBJECTIVE 4.2 Include public art in Town of Vail Capital projects and in Private Developments. 1 Draft and formalize 1% for Public Art Ordinance for Town of Vail capital projects. 2 Update Vail Town Code, Chapter 25: Public Art, to reflect the 2023 adopted AIPP Program Guidelines to assure procedural requirements for inclusions of public art in private developments. OBJECTIVE 4.3 Digitization of the AIPP Collection and records. 1 Research possible public art database software programs. 2 Engage a consultant to organize and digitize a complete inventory of all records for each artwork in the Art in Public Places collection. Sustain funding for the AIPP Program.4 GOAL STRATEGIC GOALS, OBJECTIVES, ACTION STEPS SHORT-TERM GOALS MID-TERM GOALS LONG-TERM GOALS 2025 2026to2023 2024to 2027 2028to 40 To learn more about the Town of Vail’s Art in Public Places and Artist in Residency visit artinvail.com ART IN PUBLIC PLACES Town of Vail / 1309 Elk Horn Drive / Vail, CO 81657 (970) 479-2344 / artinvail@vail.gov / www.artinvail.com 41 AGENDA ITEM NO. 3.3 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:George Ruther, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 40, Series of 2023, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement between the Town of Vail and David and Izabel Flowers; and Setting Forth Details in Regard Thereto SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 40, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Flowers EHU Deed Restriction Exchange 11072023.docx Resolution_Release_of_Deed_Restriction_Resolution_No._40 Series of 2023 11072023.docx Deed Restriction-A041321_for all Types.docx 42 To:Vail Town Council From:George Ruther, Housing Director Date:November 7, 2023 Subject:Resolution No. 40, Series of 2023, EHU Exchange, 1220 Westhaven Lane, Unit A, Pursuant to Title 12, Chapter 13, Section 5, Vail Town Code. I.VAIL LOCAL HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approves the exchange of an employee housing unit deed restriction located at 1220 Westhaven Lane, Unit A, in exchange for the recording of an employee housing deed restriction on another dwelling unit located at Building D, Columbine North Condominiums, Unit 4, 2773 Kinnikinnick, D4, Vail, CO, 81657. The Vail Local Housing Authority reviewed the proposed exchange at its meeting on October 24, 2023, and found that the proposal fully complies with the exchange provisions prescribed in Section 12-13-5, EHU Exchange Program, of the Vail Town Code. Further, the proposed exchange more than doubles the square footage of the existing EHU and is a separate dwelling unit appropriately configured for a family sized household. The Vail Local Housing Authority unanimously recommends the following motion: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit,pursuant to Section 12-13-5,Employee Housing Unit Exchange Program,Vail Town Code, to allow for the release of an employee housing unit located at Lot 42 ,Glen Lyon Subdivision, 1220 Westhaven Lane, Unit A, in exchange for the recording of an employee housing deed restriction on another dwelling unit located at Building D, Columbine North Condominiums, Unit 4, 2773 Kinnikinnick Drive, Vail, CO, 81657, 1,615 square feet in size, and setting forth details in regard thereto." II.ATTACHMENT A.Staff Memorandum dated October 24, 2023 43 Resolution No.40, Series of 2023 RESOLUTION NO. 40 SERIES OF 2023 A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND DAVID AND IZABEL FLOWERS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, David and Izabel Flowers (the “Releasee”) are the owners of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 1220 Westhaven Lane Unit A, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on February 24, 2000; WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail Town Code, wish to mutually release the Restrictive Covenant in exchange for the recording of an employee housing deed restriction on Building D, Columbine North Condominiums, Unit 4 /2773 Kinnikinnick Drive Unit 4, Vail, Colorado 81657 (the “Proposed EHU”). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant and authorizes the Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 44 Resolution No.40, Series of 2023 Section 2. This Resolution shall take effect immediately upon the recording of an employee housing deed restriction in a form approved by the Town on the Proposed EHU. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of November, 2023. Kimberly Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 45 1 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0B0149\@BCL@AC0B0149.DOCX DEED RESTRICTION AGREEMENT (Type IV EHU) THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this ____ day of December, 2023 (the "Effective Date") by and between the Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), David and Izabel Flowers, individuals with an address of 4701 S Lafayette Street, Englewood, Colorado 80113-5953, (collectively "Owner") (each a "Party" and collectively the "Parties"). WHEREAS, Owner owns the 1,615 square foot real property described as 2773 Kinnikinnick Road #4D,Columbine North Condominiums, Vail, Colorado, 81657, Vail (the "Property"); and WHEREAS, upon recordation of this Agreement, the Property will constitute a Type IV employee housing unit ("EHU") pursuant to Chapter 13 of Title 12 of the Vail Town Code (the "Code"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1.Property. The Property is hereby burdened with the covenants and restrictions specified in this Agreement. The provisions of this Agreement shall supersede any conflicting provisions of Code § 12-13-3. 2.Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a.Person means a natural person, and excludes any type of entity. b.Principal Place of Residence means the home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence therefrom. To determine a person's Principal Place of Residence, the criteria set forth in C.R.S. § 31-10-201(3) shall apply. c.Qualified Household means one Qualified Resident or a group of persons that contains at least one Qualified Resident. A Qualified Household may have occupants that are not Qualified Residents as long as at least one occupant is a Qualified Resident. d.Qualified Resident means a natural person who works an average of 30 hours or more per week at a business in Eagle County, Colorado that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business, and earns at least 75% of their income from such business. A Qualified Resident also includes an individual who: is retired; was 60 years of age or older at the time of retirement; for the 5 years immediately prior to retirement, worked an average of 30 hours or more per week at a business in Eagle County that held a valid and current business license, or paid sales taxes, or was otherwise generally recognized as a legitimate business; and earned at least 75% of their income from such business 46 2 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0B0149\@BCL@AC0B0149.DOCX during such 5-year period. To determine that a person is a Qualified Resident, the Guidelines set forth in Exhibit A, attached hereto and incorporated herein by this reference, shall apply. 3.Occupancy Restrictions. a. At least one Qualified Resident shall continuously occupy the Property as his or her principal place of residence. b.Owner shall not rent the Property to any person or persons for a term shorter than 30 days. c.A Qualified Resident may lease a room or rooms in the Property to one or more persons, provided that the Qualified Resident still continuously occupies the Property as his or her principal place of residence. The term of all leases shall be no less than 30 days in duration and no greater than 12 months in duration, provided that unlimited renewals to Qualified Households are permitted. d.No business activity shall occur on or in the Property other than as permitted within the zone district applicable to the Property. 4.Annual Verification. No later than February 1st of each year, beginning in the year following the first year of occupancy of the Property, Owner shall submit a written statement to the Town including the following information and stating that such information is true and correct to the best of Owner's knowledge and belief: a.Evidence to establish that the Property was occupied by a Qualified Household during all of the prior calendar year; b.If applicable, a copy of the lease form currently used for the Property; and c.If applicable, a list of tenants who occupied the Property in the prior calendar year and the evidence submitted by each tenant to establish that they were a Qualified Resident, as set forth in the Qualification Guidelines. 5.Consensual Lien; Right to Redeem. For the purpose of securing Owner’s performance under this Agreement and creating in favor of the Town a right to redeem in accordance with Part 3 of Article 38 of Title 38, C.R.S., as amended, Owner hereby grants to Town a consensual lien on the Property. Such lien shall not have a lien amount. 6.Town's Option. Owner shall first notify the Town if Owner wishes to sell the Property. The Town shall have the first option to purchase the Property. 7.Breach. a.It is a breach of this Agreement for Owner to violate any provision of this Agreement, or to default in payment or other obligations due to be performed under a promissory note secured by a first deed of trust encumbering the Property. Owner shall 47 3 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0B0149\@BCL@AC0B0149.DOCX notify the Town, in writing, of any notification received from any lender of past due payments or defaults in payments or other obligations within 5 days of receipt. b.If the Town has reasonable cause to believe Owner is violating this Agreement, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing Owner with 24 hours written notice. This Agreement shall constitute Owner's permission to enter the Property during such times upon such notice. c.If Owner is more than one individual, each shall be jointly and severally liable for compliance with this Agreement and any breach of this Agreement. 8.Remedies. a.The Town shall have any and all remedies provided by law and in equity for a violation of this Deed Restriction, including without limitation: (i) damages; (ii) specific performance; and (iii) injunctions, including without limitation an injunction requiring eviction of the occupant(s) and an injunction to prohibit the occupancy of the Property in violation of this Deed Restriction. All remedies shall be cumulative. b.The cost to the Town of any activity taken in response to any violation of this Deed Restriction, including reasonable attorney fees, shall be paid promptly by Owner. 9.Foreclosure. a.In the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Agreement shall remain in full force and effect. b.Owner shall give immediate notice to the Town: of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property; or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c.Within 60 days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town may place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d.The Town shall have 30 days after issuance of the public trustee's deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the holder related to the foreclosure. 10.Consensual Lien; Right to Redeem. Under C.R.S. § 38-38-305, Town, as the holder of the deed restriction established by this Agreement, is considered as a lienor, 48 4 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0B0149\@BCL@AC0B0149.DOCX but without any lien amount, with a right to redeem upon the foreclosure of a superior lien, in accordance with Article 38 of Title 38, C.R.S., as amended. 11.Miscellaneous. a.Modification. This Agreement may only be modified by subsequent written agreement of the Parties. b.Integration. This Agreement and any attached exhibits constitute the entire agreement between Owner and the Town, superseding all prior oral or written communications. c.Runs with the Land. The benefits and obligations of the Parties under this Agreement shall run with the land, and Owner's obligations hereunder shall be binding on any subsequent holder of any ownership interest in the Property. d.Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. e.Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. f.Agreement Binding; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of the Parties. g.Third Parties. There are no intended third-party beneficiaries to this Agreement. h.No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. i.Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. j.Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder. k.Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Agreement are held to be unlawful or void for violation of: the rule against perpetuities or some analogous statutory provision; the rule restricting restraints on alienation; or any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for 49 5 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0B0149\@BCL@AC0B0149.DOCX the period of the lives of the current duly elected and seated members of the Vail Town Council, their now living descendants, if any, and the survivor of them, plus 21 years. l.Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO _______________________________ Kim Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk OWNER ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ____ day of _____________, 20 , by ________________________ as ____________ of Club House Development. Witness my hand and official seal.________________________________ Notary Public (S E A L) My commission expires: 50 6 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0B0149\@BCL@AC0B0149.DOCX EXHIBIT A GUIDELINES 1.Purpose. The purpose of these Guidelines is to set forth the occupancy requirements for the Property pursuant to the Deed Restriction Agreement. 2.Definitions. All capitalized terms herein shall have the meanings set forth in the Deed Restriction Agreement. 3.Application. To become a Qualified Resident, a person must provide the following information: a.Verification (e.g., wage stubs, employer name, address, telephone number and other appropriate documentation) of the person's current employment with a business in Eagle County that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business; b.Evidence that the applicant has worked, or will work, an average of 30 hours per week or more per year and earns at least 75% of their income from one or more of such businesses; c.Evidence that the applicant is an individual who is retired, was 60 years of age or older at the time of retirement, and for the 5 years immediately prior to retirement, worked an average of 30 hours or more per week at such a business and earned at least 75% of their income from such a business; d.A valid form of identification, such as a driver's license, state-issued identification, passport or military identification; and e.A signed statement certifying and acknowledging that all information submitted in such application is true to applicant's best knowledge and authorizing verification of all information submitted. 51 AGENDA ITEM NO. 3.4 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 41, Series of 2023, A Resolution Approving an Intergovernmental Agreement between the Town of Vail (The "Town") and Eagle County School District RE50J (The "District") SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 41, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: SRO memo.docx Resolution_SRO_IGA (1).docx 20230927 TOWN OF VAIL SRO IGA DRAFT.docx 52 November 1st, 2023 To:Vail Town Council Through:Russell Forrest Town Manager Ryan Kenney Chief of Police Justin Liffick Deputy Chief From: Lachlan Crawford Administrative Commander Subject: Red Sandstone Elementary School SRO Position The Vail Police Department would like to formally request the approval of a part-time School Resource Officer (SRO) position at Red Sandstone Elementary School. The safety and well- being of our community's children are of paramount importance, and the presence of an SRO at the school will greatly contribute to enhancing the security and fostering positive relationships between law enforcement and our youngest residents. The rationale for an SRO at Red Sandstone Elementary School is outlined below: Enhanced School Safety: Having an SRO on-site will ensure a proactive and immediate response to any potential safety threats or emergencies. The presence of a trained law enforcement officer will help deter incidents and provide a rapid response in case of emergencies, helping to create a secure learning environment for students and staff. Community Building: SROs are not just officers; they are mentors, educators, and role models for students. They engage with students in a positive and non-intimidating manner, which helps bridge the gap between law enforcement and the community. This engagement builds trust and allows students to see law enforcement officers as approachable figures who are there to help and support them. Crisis Intervention and Counseling: SROs are trained to address various issues affecting school-age children, including bullying, substance abuse, and mental health concerns. Their 53 Town of Vail Page 2 presence can help identify and address these issues early, providing students with the support they need to succeed academically and emotionally. Response to School Incidents: In the unfortunate event of a security incident, having an SRO at the school will expedite the police response, ensuring the safety and protection of students and staff. Traffic Safety: The SRO can also assist in improving traffic safety around the school premises, ensuring safe drop-off and pick-up procedures, and educating parents and students about road safety. This is one of the major initial focuses of this position. The drop off and pickup traffic around the elementary school can be difficult for the school to manage, and having an SRO present for these times will ensure a safer environment for students and staff. We have already conducted preliminary discussions with the school administration and the parents, who have shown overwhelming support for the introduction of an SRO at Red Sandstone Elementary School. The parents see this as an opportunity to strengthen the bond between law enforcement and the community, while also ensuring their children's safety. The school district has agreed to contribute $15,000 annually towards this position. This is outlined in the attached intergovernmental agreement, which has been vetted and approved by town attorney Matt Mire. This position is part-time and will be filled by our current Community Liaison Officer, Greg Schwartz. Officer Schwartz has already attended SRO training and has been visiting staff and students during this school year, as well as assisting with school traffic. The school and students have been extremely receptive to Officer Shwartz and his presence at the school, and the feedback has been overwhelmingly positive. The Vail Police Department firmly believes that assigning an SRO to Red Sandstone Elementary School is in the best interest of our community and its children. The positive impact on school safety, community relationships, and the overall well-being of our students cannot be overstated. The Vail Police Department respectfully requests that the Vail Town Council consider this proposal and approval for the placement of an SRO at Red Sandstone Elementary School. We are committed to working closely with all stakeholders to ensure the success of this initiative. 54 RESOLUTION NO. 41 Series 2023 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL (THE “TOWN”) AND EAGLE COUNTY SCHOOL DISTRICT RE 50J (THE “DISTRICT”) WHEREAS, the Town and the District recognize a need to provide a part time School Resource Officer ("SRO") to Red Sandstone Elementary School (“RSES”) to support students, teachers, school officials, parents, and the community; WHEREAS,the SRO will act both as a resource for students, teachers, parents, and administrators, and as a law enforcement figure atRSESto increase the level of safe and effective interaction between the Eagle Police Department, students, teachers, school officials, parents, and the community; and WHEREAS, the District desires to partner with the Town by way of providing additional funding for the SRO positions so as to create and maintain a safe and orderly learning environment for its students, staff and teachers, pursuant to the terms set forth in the Intergovernmental Agreement attached hereto (the “IGA”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Council hereby approves the IGA in substantially the same form attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of Vail Town Council held this 7th day of November 2023. _________________________ Kimberly Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 55 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@640765C9\@BCL@640765C9.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "IGA") is entered into as of the 7 th day of November, 2023 (the "Effective Date") by and between the Town of Vail, a Colorado home rule municipality with an address of P.O. Box 609, Eagle, CO 81631 (the "Town") and the Eagle County School DistrictRE 50J,a Colorado school district with an address of P.O. Box 740 Eagle, CO81631 (the "District") (each a "Party" and collectively the "Parties"). WHEREAS, the Town and the District recognize a need to provide a part time School Resource Officer ("SRO") to Red Sandstone Elementary School to support students, teachers, school officials, parents, and the community; WHEREAS,the SRO designated under this Agreement will act both as a resource for students, teachers, parents, and administrators, and as a law enforcement figure at Red Sandstone Elementary School ("RSES"), to increase the level of safe and effective interaction between the Eagle Police Department, students, teachers, school officials, parents, and the community; WHEREAS, the District desires to partner with the Town by way of providing additional funding for the SRO positions so as to create and maintain a safe and orderly learning environment for its students, staff and teachers; WHEREAS, the Town is willing to train and supervise the SRO; WHEREAS, the District is authorized by the provisions of C.R.S. § 22-32-109.1(3) to enter into such agreements to keep its school environments safe; WHEREAS, SRO programs are recognized as being effective in the development of a positive relationship between law enforcement, school district employees, and youth; and WHEREAS, intergovernmental agreements between political subdivisions of the State of Colorado to provide functions and services including the sharing of cost of such services or functions are specifically authorized by C.R.S. § 29-1-203. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.Employment. The Town will employ a law enforcement officer to be designated as the part time SRO toprovide general law enforcement services andotherschool-resource assistance, with the standards for national training of school resource officers serving as a guide. All supervision, coordination, and management of the services, performance and other personnel matters, including discipline, will be the duty of the Town. TheSROis subject to the Town's chain of command and supervision of assigned supervisors. The SRO shall comply with District policies and regulations, to the extent such policies and regulations are not in conflict with those of the Town,other terms contained herein, or with federal, state, or Townlaws. TheSRO's performance 56 2 shall be evaluated consistent with Town policies and procedures by the SRO's supervisor. Such supervisor shall seek and accept the input from the District for the evaluation. The Town will promptly report to the District any personnel problems that directly relate to the safety of the Schools and those who attend them. The Town will facilitate the purchase of an SRO patrol vehicle, outfit the vehicle as necessary for SRO use, train the officer to Colorado Peace Officers Standards and Training (POST), and provide appropriate wage and benefits package to the SRO, along with any training costs. The District shall furnish an office for the SRO at one of the schools in which the SRO will be working. 2.Shared Costs. The SRO position shall be funded jointly by the Parties, with the District paying $15,000 annually per SRO. The District funding amount shall be increased for each subsequent term by 3%. 3.Outside Services. The District acknowledges that the SROwill bea part time position,and at times, will conduct law enforcement services to areas outside the District property, and such absence shall not be deemed to be a violation of this IGA. It is understood that the SRO's duties will be divided between law enforcement services at the Red Sandstone Elementary School and surrounding areas, and regular law enforcement duties within the Town of Vail. 4.Term and Termination. This IGA shall commence on the Effective Date and shall continue through June 30, 2024 (the end of the District's 2023-24 fiscal year) (the "Initial Term"). Thereafter, the Agreement will automatically renew for successive one-year terms on an annual basis every June 30th. This Agreement may be terminated without cause by either Partyupon 30 days' written notice. Upon any termination of this IGA, any funds advanced by the District for a current District Fiscal Year period shall be returned to the District on a pro rata basis for the balance of that fiscal year. 5.Parties as Independent Actors. This IGAis intended to facilitate cooperation between the Parties in the provision of the services provided herein, but does not establish a separate legal entity to do so, and, except as set forth herein, this Agreement does not authorize either Party to act on behalf of the other Party for any purpose whatsoever. This IGA does not establish any employee of either Party as an agent of any other Party for any purpose whatsoever. This IGA provides only for sharing of in-kind services and costs by the Parties in the achievement of a common mutual goal, said goal being the sharing of the information and resources to maximize the safety and security of the community and its children. 6.Information Sharing. The Parties agree to abide by and share information that is in accordance with state and federal law that mandates the sharing of information between these separate agencies, as well as to facilitate information sharing when requested by the other Party related to the handling of delinquency, dependency and neglect cases, truancy and other education-related needs. 7.Insurance. 57 3 a.Each Party shall provide its own insurance coverage for claims arising from this Agreement, and respectively, as named insureds, shall include the other Party, its officers, employees, and agents, as additional insureds under the named insured's insurance policies. Each Party shall maintain the following coverage: i.Workers' Compensation insurance as required by law. ii.Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,0000 general aggregate. The policy shall be applicable to all premises, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), and blanket contractual, products, and completed operations. iii.Public Officials Liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. b.Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be cancelled, terminated, or materially changed without at least 30 days' prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. c.The Parties shall exchange certificates of insurance showing the required policies are in full force and effect. The certificates shall identify this Agreement. 8.Annual Evaluation. The Partiesshall evaluate the SRO program on a yearly basis and make recommendations on how the program can better serve the school in the areas of enforcement, prevention, and safety. 9.Miscellaneous. a.Governing Law and Venue. This IGA shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any action arising out of any dispute pertaining to this IGA shall be brought in Eagle County, Colorado. b.No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of this Agreement. c.Integration. This Agreement and any attached exhibits constitute the entire Agreement between the Parties, superseding all prior oral or written communications. d.Third Parties. There are no intended third-party beneficiaries to this Agreement. 58 4 e.Notice. Any notice required under this IGA shall be in writing and may be personally delivered or mailed in the United States mail, first-class postage prepaid to the Party to be served at the address set forth on the first page of this IGA. f.Severability. If any provision of this IGA is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g.Modification. This IGA may only be modified upon written agreement to the Parties. h.Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i.Governmental Immunity. The Parties and their officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Parties and their officers, attorneys, or employees. j.Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of either Party not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of either Party hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ____________________________________ Kim Langmaid, Mayor ATTEST: __________________________________ Town Clerk RE 50J SCHOOL DISTRICT Superintendent ATTEST: ________________________________ 59 AGENDA ITEM NO. 3.5 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 42, Series of 2023, A Resolution Approving a State of Colorado Subaward Agreement between the Town of Vail and the Colorado Department of Transportation SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 42, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023-__CDOT_Subaward_Agreement_-jmm.docx 2024_5311_Oper.pdf 60 RESOLUTION NO. 42 Series of 2023 A RESOLUTION APPROVING A STATE OF COLORADO SUBAWARD AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the Town and the Colorado Department of Transportation wish to enter into an agreement with the purpose of providing capital, planning and operating assistance to support public transportation pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "Agreement"), NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Agreement in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the Agreement on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED,PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of November 2023. Kim Langmaid,Mayor ATTEST: Stephanie Bibbens, Town Clerk 61 Contract Number: 24-HTR-ZL-00130/491003389 Page 1 of 47 Version 10/23/19 STATE OF COLORADO SUBAWARD AGREEMENT COVER PAGE State Agency Department of Transportation Agreement Number / PO Number 24-HTR-ZL-00130 / 491003389 Subrecipient TOWN OF VAIL Agreement Performance Beginning Date The later of the Effective Date or January 01, 2024 Initial Agreement Expiration Date December 31, 2024 Subaward Agreement Amount Federal Funds Maximum Amount (50%) Local Funds Local Match Amount (50%) Agreement Total $236,152.00 $236,152.00 $472,304.00 Fund Expenditure End Date December 31, 2024 Agreement Authority Authority to enter into this Agreement exists in CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1-702 and 43-2-101(4)(c), appropriated and otherwise made available pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149. Agreement Purpose In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and operating assistance to states to support public transportation in rural areas with populations less than 50,000, where many residents often rely on public transit to reach their destinations. The work to be completed under this Agreement by the Subrecipient is more specifically described in Exhibit A. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A – Statement of Work and Budget. 2. Exhibit B – Sample Option Letter. 3. Exhibit C – Federal Provisions. 4. Exhibit D – Required Federal Contract/Agreement Clauses. 5. Exhibit E – Verification of Payment. In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C – Federal Provisions. 2. Exhibit D – Required Federal Contract/Agreement Clauses. 3. Colorado Special Provisions in §17 of the main body of this Agreement. 4. The provisions of the other sections of the main body of this Agreement. 5. Exhibit A – Statement of Work and Budget. 6. Executed Option Letters (if any). Principal Representatives For the State: Erin Kelican Division of Transit and Rail Colorado Dept. of Transportation 2829 W. Howard Place Denver, CO 80204 erin.kelican@state.co.us For Subrecipient: Chris Southwick TOWN OF VAIL 75 South Frontage Road Vail, CO 81657-5096 csouthwick@vailgov.com DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 62 Contract Number: 24-HTR-ZL-00130/491003389 Page 2 of 47 Version 10/23/19 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. SUBRECIPIENT TOWN OF VAIL By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ 2nd State or Subrecipient Signature if needed By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ LEGAL REVIEW Philip J. Weiser, Attorney General __________________________________________ By: Assistant Attorney General Date: __________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Department of Transportation Effective Date:_____________________ DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 rf Russell Forrest 10/29/2023 Stephanie Bibbens Town Clerk 63 Contract Number: 24-HTR-ZL-00130/491003389 Page 3 of 47 Version 10/23/19 TABLE OF CONTENTS 1. PARTIES................................................................................................................................................. 3 2. TERM AND EFFECTIVE DATE .......................................................................................................... 3 3. DEFINITIONS ........................................................................................................................................ 4 4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6 5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6 6. REPORTING - NOTIFICATION ........................................................................................................... 8 7. SUBRECIPIENT RECORDS ................................................................................................................. 9 8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9 9. CONFLICTS OF INTEREST ............................................................................................................... 10 10. INSURANCE ........................................................................................................................................ 11 11. BREACH OF AGREEMENT ............................................................................................................... 12 12. REMEDIES ........................................................................................................................................... 12 13. DISPUTE RESOLUTION .................................................................................................................... 14 14. NOTICES and REPRESENTATIVES .................................................................................................. 14 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14 16. GENERAL PROVISIONS .................................................................................................................... 15 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17 1. PARTIES This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure End Date. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, th e State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 64 Contract Number: 24-HTR-ZL-00130/491003389 Page 4 of 47 Version 10/23/19 E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of Agreement by Subrecipient, which shall be governed by §12.A.i. i. Method and Content The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder. F. Subrecipient’s Termination Under Federal Requirements Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit A. E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1), C.R.S. F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S. G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered by Subrecipient. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 65 Contract Number: 24-HTR-ZL-00130/491003389 Page 5 of 47 Version 10/23/19 H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Agreement. I. “End of Term Extension” means the time period defined in §2.D. J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. K. “Extension Term” means the time period defined in §2.C. L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. N. “FTA” means Federal Transit Administration. O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in connection with the Services. P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24 -37.5-401, et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. R. “Initial Term” means the time period defined in §2.B. S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part of FTA’s standard terms and conditions governing the administration of a project supported with federal assistance awarded by FTA. T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match required to receive the Grant Funds and includes in -kind contribution. U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient. V. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records . PII includes, but is not limited to, all information defined as personally identifiable informatio n in §§24-72-501 and 24- 73-101, C.R.S. W. “Recipient” means the State agency shown on the Signature and Cover Page s of this Agreement, for the purposes of this Federal Award. X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall include any services to be rendered by Subrecipient in connection with the Goods. Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall incl ude but is not limited to PII and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 66 Contract Number: 24-HTR-ZL-00130/491003389 Page 6 of 47 Version 10/23/19 who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 - 30-202(13)(a), C.R.S. AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. BB. “State Records” means any and all State data, information, and records regardless of physical form. CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement. DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work. “Subcontractor” also includes sub -recipients of Grant Funds. EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement, Contractor is a Subrecipient. FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement. HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be construed and interpreted as defined in that section. 4. STATEMENT OF WORK AND BUDGET Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYMENTS TO SUBRECIPIENT A. Subaward Maximum Amount Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on the Cover Page of this Agreement as “Federal Funds Maximum Amount”. B. Payment Procedures i. Invoices and Payment a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A. b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Subrecipient and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Subrecipient shall make a ll changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables provided under this Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 67 Contract Number: 24-HTR-ZL-00130/491003389 Page 7 of 47 Version 10/23/19 ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest to be paid and the interest rate. iii. Payment Disputes If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Subrecipient and may make changes to its determination based on this review. The calculation, determination or payment amount that results fro m the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. v. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient’s laws or policies. D. Reimbursement of Subrecipient Costs i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 68 Contract Number: 24-HTR-ZL-00130/491003389 Page 8 of 47 Version 10/23/19 Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient provides notice to the State of the change, the change does not modify the Subaward Maximum Amount or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does not modify any requirements of the Work. iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by Subrecipient that reduce the cost actually incurred). iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State . E. Close-Out Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables (including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Quarterly Reports In addition to any reports required pursuant to any other Exhibit, for any Agreemen t having a term longer than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Subrecipient is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal Representative identified on the Cover Page for this Agreement . C. Performance and Final Status Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. D. Violations Reporting Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 69 Contract Number: 24-HTR-ZL-00130/491003389 Page 9 of 47 Version 10/23/19 allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. SUBRECIPIENT RECORDS A. Maintenance Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work and the delivery of Services (including, but not limited to the operation of programs) or Goods hereund er (collectively, the “Subrecipient Records”). Subrecipient shall maintain such records for a period of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the d ate of the submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Subrecip ient in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, the federal government, and any other duly authorized agent of a governmental agency, in its discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work. D. Final Audit Report Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION - STATE RECORDS A. Confidentiality Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Subrecipient shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Subrecipient shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediat ely forward any request or demand for State Records to the State’s Principal Representative identified on the Cover Page of the Agreement. B. Other Entity Access and Nondisclosure Agreements Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 70 Contract Number: 24-HTR-ZL-00130/491003389 Page 10 of 47 Version 10/23/19 Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. C. Use, Security, and Retention Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations only in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecti ng and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State. If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned remediation in response to any negative findings. E. Data Protection and Handling Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any Subcontractors are protected and handled in accordance with the requirements of this Agreement, including the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work Product only apply to Work Product that requires confidential treatment. F. Safeguarding PII If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission e ncryption, security inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73- 103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24 -73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 71 Contract Number: 24-HTR-ZL-00130/491003389 Page 11 of 47 Version 10/23/19 B. Apparent Conflicts of Interest Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Subrecipient’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18- 105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict of interest shall exist if Subrecipient employs or contracts with any State employee, any former State employee within six months following such employee’s termination of employment with the Sta te, or any immediate family member of such current or former State employee. Subrecipient shall provide a disclosure statement as described in §9.C. no later than ten days following entry into a contractual or employment relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law. 10. INSURANCE Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Subrecipient or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit . D. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Subrecipient and Subcontractors. E. Primacy of Coverage Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self- insurance program carried by Subrecipient or the State. F. Cancellation All insurance policies shall include provisions preventing cancellation or non -renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 72 Contract Number: 24-HTR-ZL-00130/491003389 Page 12 of 47 Version 10/23/19 Subrecipient shall forward such notice to the State in accordance with §14 within seven days of Subrecipient’s receipt of such notice. G. Subrogation Waiver All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H. Public Entities If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 - 10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. I. Certificates For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Subrecipient shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach of Agreement In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this Agreement to the extent not terminated, if any. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 73 Contract Number: 24-HTR-ZL-00130/491003389 Page 13 of 47 Version 10/23/19 a. Obligations and Rights To the extent specified in any termination notice, Subrecipient shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subrecipient but in which the State has an interest. At the State’s request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the time of any termination. Subrecipient shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such termination shall be treated as a termination in the public interest , and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Subrecipient’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Subrecipient until Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state ; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient; DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 74 Contract Number: 24-HTR-ZL-00130/491003389 Page 14 of 47 Version 10/23/19 (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Subrecipient’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Subrecipient for resolution. B. Resolution of Controversies If the initial resolution describ ed in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement. 14. NOTICES and REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 75 Contract Number: 24-HTR-ZL-00130/491003389 Page 15 of 47 Version 10/23/19 of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to a ny and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third -party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. GENERAL PROVISIONS A. Assignment Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Binding Effect Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless othe rwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 76 Contract Number: 24-HTR-ZL-00130/491003389 Page 16 of 47 Version 10/23/19 I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection with this Agreement. O. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R. Standard and Manner of Performance Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Subrecipient’s industry, trade, or profession. S. Licenses, Permits, and Other Authorizations i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 77 Contract Number: 24-HTR-ZL-00130/491003389 Page 17 of 47 Version 10/23/19 Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado, shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its sole expense, a certificate of authority to transact business in the State of Colorado and designate a registered agent in Colorado to accept service of process. T. Federal Provisions Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term of this Agreement. 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all agreements except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon f unds for that purpose being appropriated, budgeted, and otherwise made available . C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, an d (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colo rado and exclusive venue shall be in the City and County of Denver. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 78 Contract Number: 24-HTR-ZL-00130/491003389 Page 18 of 47 Version 10/23/19 G. PROHIBITED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision o f §24-106-109, C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions, Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Subrecipient is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subrecipient’s services and Subrecipient shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Subrecipient, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for e mployment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Depart ment Program”) to undertake pre-employment screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal work status of such employee, and shall comply with all of the other requirements of the DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 79 Contract Number: 24-HTR-ZL-00130/491003389 Page 19 of 47 Version 10/23/19 Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivisio n may terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 80 Contract Number: 24-HTR-ZL-00130/491003389 Page 20 of 47 Version 10/23/19 EXHIBIT A, STATEMENT OF WORK AND BUDGET Project Description* 2024-5311: Operating Federal Awarding Agency Federal Transit Administration (FTA) Federal Regional Contact Cindy Terwilliger Federal Award Date** To Be Determined Project End Date December 31, 2024 FAIN** To Be Determined CFDA# 20.509 CFDA Title Formula Grants for Rural Areas Program Subrecipient Vail, Town of UEID # R17RS3JCQZ68 Contact Name Chris Southwick Vendor # 2000003 Address 75 South Frontage Road Vail, CO 81657-5096 Phone # (908) 752-2759 Email csouthwick@vailgov.com Indirect Rate N/A Total Project Budget $472,304.00 Budget WBS*** ALI Federal Funds Local Funds Total Operating 23-11-4043.VAIL.300 30.09.01 50% $236,152.00 50% $236,152.00 $472,304.00 Total Project Amount Encumbered via this Subaward Agreement $472,304.00 *This is not a research and development grant. **The Federal Award Date and FAIN are not available at the time of execution of this Subaward Agreement. This information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be available upon request. *** The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Project Description Town of Vail shall maintain the existence of public transportation services through the following goals: 1. Enhance access to health care, education, employment, public services, recreation, social transactions, and other basic needs; 2. Assist in the maintenance, development, improvement and use of public transportation in their Transportation Planning Region (TPR); 3. Encourage and facilitate the most efficient use of all transportation funds used to provide passenger transportation in their TPR through the coordination of programs and services; and 4. Encourage mobility management, employment -related transportation alternatives, joint development practices, and transit-oriented development. This funding is provided to support the services described above for calendar year 2024 (January 1 – December 31). DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 81 Contract Number: 24-HTR-ZL-00130/491003389 Page 21 of 47 Version 10/23/19 B. Performance Standards 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Reimbursement Request in COTRAMS 3/1/2024 Submit Progress Reports to GU Manager 4/15/2024 Submit Final Reimbursement Request in COTRAMS 5/1/2024 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date of this Subaward Agreement: December 31, 2024. 2. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Vail shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met; c. Identification of problem areas and how the pro blems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 3. Town of Vail will report on performance using the Program Measure Report in COTRAMS: a. Performance measures established for the FTA Section 5311 Program (Funds Expended, Fare Revenues, Sources of Expended Funds, Service Data, and Volunteer Resources) will be tracked and reported on by Town of Vail. 4. Performance will be reviewed based on: a. Completion of quarterly 5311 Program Measure Reports in COTRAMS, and b. Completion of the annual National Transit Database (NTD) Report. 5. 5311 Program Measure Reports will be submitted in COTRAMS by Town of Vail on or before the following due dates: a. Quarter 1 due April 28th; b. Quarter 2 due July 28th; c. Quarter 3 due October 28th; and d. Annual Report, including Quarter 4, due January 28th. 6. Town of Vail will assist CDOT with Disadvantaged Business Enterprise (DBE) reporting to FTA by using the biannual FTA DBE Report in COTRAMS to report: a. Contracts awarded, payments made, and contracts completed between Town of Vail and prime contractors; and b. Contracts awarded, payments made, and contracts completed between Town of Vail’s prime contractors and their subcontractors. 7. DBE Program Measure Reports will be submitted in COTRAMS by Town of Vail on or before the following due dates: a. Quarter 4 – Quarter 1 (for October 1 – March 31) due April 28th; and b. Quarter 2 – Quarter 3 (for April 1 – September 30) due October 28th. C. Project Budget 1. The Total Project Budget is $472,304.00. CDOT will pay no more than 50% of the eligible, actual operating costs, up to the maximum amount of $236,152.00. CDOT will retain any remaining balance of the federal share of FTA-5311 Funds. Town of Vail shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $236,152.00 (50%) for operating costs and matching Local Funds of $236,152.00 (50%) for operating costs will be encumbered for this Subaward Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 82 Contract Number: 24-HTR-ZL-00130/491003389 Page 22 of 47 Version 10/23/19 2. No refund or reduction of the amount of Town of Vail’s share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 3. Town of Vail may use eligible federal funds for the Local Funds share, but those funds cannot be from other Federal Department of Transportation (DOT) programs. Town of Vail’s share, together with the Federal Funds share, must be enough to ensure payment of Total Project Budget. 4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds for this Project under the terms of this Subaward Agreement, provided that the federal share of FTA funds to be administered by CDOT are made available and remain available. Town of Vail shall initiate and prosecute to completion all actions necessary to enable Town of Vail to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. D. Allowable Costs 1. Town of Vail shall agree to adhere to the provisions for allowable and unallowable costs cited in the following regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI: Financial Management; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other applicable requirements for cost allowability not cited previously, shall also be considered. 2. Town of Vail’s operating expenses are those costs directly related to system operations. Town of Vail at a minimum, should consider the following items as operating expenses: fuel, oil, drivers and dispatcher salaries and fringe benefits, and licenses. 3. If Town of Vail elects to take administrative assistance, eligible costs may include but are not limited to: general administrative expenses (e.g., salaries of the project director, secretary, and bookkeeper); marketing expenses; insurance premiums or payments to a self -insurance reserve; office supplies; facilities and equipment rental; standard overhead rates; and the costs of administering drug and alcohol testing. Additionally, administrative costs for promoting and coordinating ridesharing are eligible as project administration if the activity is part of a coordinated public transportation program. E. Reimbursement Eligibility 1. Town of Vail must submit invoice(s) monthly via COTRAMS. Reimbursement will apply only to eligible expenses that are incurred within the period of performance (January 1 – December 31) of this Subaward Agreement. 2. Reimbursement requests must be within the limits of Section D., Allowable Costs, of this Subaward Agreement. Town of Vail will be reimbursed based on the ratio of Federal Funds share and Local Funds share set forth in the Project Budget above. 3. Town of Vail must submit the final invoice within sixty (60) calendar days of December 31, 2024, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15 ) days of issuance of the final reimbursement payment. F. Training In an effort to enhance transit safety, Town of Vail and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training of agency and contracted person nel is occurring and that personnel are up to date in appropriate certifications. In particular, Town of Vail shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and t ransporting older adults and people with disabilities. G. Restrictions on Lobbying Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 83 Contract Number: 24-HTR-ZL-00130/491003389 Page 23 of 47 Version 10/23/19 H. Special Conditions 1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award. 2. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s records and financial statements as necessary, with reasonable advance notice. 3. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1E. 4. Town of Vail cannot request reimbursement for costs on this project from more than one Fe deral Awarding Agency or other federal awards (i.e., no duplicate billing). 5. Town of Vail must obtain prior CDOT approval, in writing, if FTA funds are intended to be used for payment of a lease or for third-party contracts. 6. If receiving FTA 5311 funding, T own of Vail shall advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 7. If receiving FTA 5311 funding, Town of Vail shall maintain and report annua lly all information required by NTD and any other financial, fleet, or service data. 8. If receiving FTA 5311 or 5339 funding, Town of Vail will ensure subcontractors and subrecipients comply with FTA Drug and Alcohol Regulations. 9. Town of Vail will comply with the Federal Transit Administration (FTA) Drug and Alcohol Regulations, to include on time submission to FTA’s Drug and Alcohol Management Information System (DAMIS). 10. Town of Vail shall ensure that it does not exclude from participation in, deny the benef its of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 11. Town of Vail shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration Recipients.” 12. Town of Vail will provide transportation services to persons with disabilities in accordance with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 13. Town of Vail shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirement s established by CDOT for FTA Subrecipients. 14. Town of Vail shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Vail shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis o f disability. 15. Town of Vail shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 84 Contract Number: 24-HTR-ZL-00130/491003389 Page 24 of 47 Version 10/23/19 16. Town of Vail shall update its Agency Profile in COTRAMS with any alterations to existing construction or any new construction in accordance with FTA Circular 4710.1. 17. If applicable, Town of Vail will adopt a Transit Asset Management Plan that complies with regulations implementing 49 U.S.C. § 5326(d). 18. Town of Vail shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR part 26 and CDOT’s DBE program. 19. Meal delivery must not conflict with providing public transportation service or reduce service to public transportation passengers. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 85 Contract Number: 24-HTR-ZL-00130/491003389 Page 25 of 47 Version 10/23/19 EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number Insert the Option Number (e.g. "1" for the first option) Subrecipient Insert Subrecipient's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Contract Number of the Original Contract Subaward Agreement Amount Federal Funds Option Agreement Number Insert CMS number or Other Contract Number of this Option Maximum Amount (%) $0.00 Local Funds Agreement Performance Beginning Date The later of the Effective Date or Month, Day, Year Local Match Amount (%) $0.00 Agreement Total $0.00 Current Agreement Expiration Date Month, Day, Year 1. OPTIONS: A. Option to extend for an Extension Term or End of Term Extension. 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert start date and ending on the current agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is later. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ In accordance with §24-30-202, C.R.S., this Option Letter is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:_______________________________________ Department of Transportation Option Letter Effective Date: __________________ DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 86 Contract Number: 24-HTR-ZL-00130/491003389 Page 26 of 47 Version 10/23/19 EXHIBIT C, FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS. 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with federal statutes, Award Terms and Conditions, Treasury’s Final Rule, and reporting requirements, as applicable. 1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements. 1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 2.1.2. “Entity” means: 2.1.2.1. a Non-Federal Entity; 2.1.2.2. a foreign public entity; 2.1.2.3. a foreign organization; 2.1.2.4. a non-profit organization; 2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or 2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.3. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds” report available at www.treasury.gov. 2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 87 Contract Number: 24-HTR-ZL-00130/491003389 Page 27 of 47 Version 10/23/19 2.1.6. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. 2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.9.2. Is not organized primarily for profit; and 2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program. For SLFRF Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1 Revenue Replacement. 2.1.15. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.15.1. Salary and bonus; 2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 88 Contract Number: 24-HTR-ZL-00130/491003389 Page 28 of 47 Version 10/23/19 respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.15.4. Change in present value of defined benefit and actuarial pension plans; 2.1.15.5. Above-market earnings on deferred compensation which is not tax- qualified; 2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.18. “Unique Entity ID Number” means the Unique Entity ID established by the federal government for a Grantee at https://sam.gov/content/home 3. COMPLIANCE. 3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.2. Per US Treasury Final Award requirements, grantee programs or services must not include terms or conditions that undermine efforts to stop COVID-19 or discourage compliance with recommendations and CDC guidelines. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS. 4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually. 4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update Grantee’s information in SAM.gov at least annually. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 89 Contract Number: 24-HTR-ZL-00130/491003389 Page 29 of 47 Version 10/23/19 5. TOTAL COMPENSATION. 5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Grantee received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. If the total award is below $30,000 no reporting required; if more than $30,000 and less than $50,000 then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required. 7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED] DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 90 Contract Number: 24-HTR-ZL-00130/491003389 Page 30 of 47 Version 10/23/19 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Agreements and purchase orders for work or products under this award. 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program- specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 91 Contract Number: 24-HTR-ZL-00130/491003389 Page 31 of 47 Version 10/23/19 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all Subcontractors entered into by it pursuant to this Grant. 12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, Office of Federal Agreement Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). 12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreements and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 92 Contract Number: 24-HTR-ZL-00130/491003389 Page 32 of 47 Version 10/23/19 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 93 Contract Number: 24-HTR-ZL-00130/491003389 Page 33 of 47 Version 10/23/19 12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement. 13. CERTIFICATIONS. 13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State Agency with signed grant agreement. 13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 94 Contract Number: 24-HTR-ZL-00130/491003389 Page 34 of 47 Version 10/23/19 15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass- through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 95 Contract Number: 24-HTR-ZL-00130/491003389 Page 35 of 47 Version 10/23/19 EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or CDOT expressly consents in writing, the Subrecipient agrees that: (1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the Underlying Agreement, to any Third party Participant at any tier, or to any other person or entity that is not a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and (2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation or Third party Agreement at any tier that may affect the underlying Agreement, the Federal Government and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the Subrecipient) to the underlying Agreement. Section 4(f) – Program fraud and false or fraudulent statements and related acts False or Fraudulent Statements or Claims. (1) Civil Fraud. The Subrecipient acknowledges and agrees that: (a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31. (b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or representation that the Subrecipient provides to the Federal Government and CDOT. (c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes available any false, fictitious, or fraudulent information. (2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law. Section 9. Record Retention and Access to Sites of Performance. (a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party Participants to retain, complete and readily accessible records related in whole or in part to the underlying Agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the applicable U.S. OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any Amendments thereto must be retained from the day the underlying Agreement was signed by the authorized FTA (or State) official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed. (c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each Subrecipient, if any, will agree to: (1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information related to its Award, the accompanying Agreement, and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the Subrecipient and each of its Subrecipients, (2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of the Subrecipient or Third party Participant within books, records, accounts, or other locations, and (3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules. (d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT Common Rules. (e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e Master Agreement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 96 Contract Number: 24-HTR-ZL-00130/491003389 Page 36 of 47 Version 10/23/19 3(G) – Federal Changes Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance . The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or this Master Agreement. At the time the FTA Authorized Official (or CDOT) awards federal assistance to the Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified from time to time and will apply to the Subrecipient or the accompanying Agreement, except as FTA determines otherwise in writing. 12 – Civil Rights (c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third party Participant, will: (1) Prohibit discrimination on the basis of race, color, or national origin, (2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332; and (3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3; and (iii) All other applicable federal guidance that may be issued. (d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third Party Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; (ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of th e Master Agreement; (v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements . (2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will: (i) Affirmative Action. Take affirmative action that includes, but is not limited to: (A) Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers, demotions, layoffs, and terminations; but (ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and (3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60; and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 97 Contract Number: 24-HTR-ZL-00130/491003389 Page 37 of 47 Version 10/23/19 (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does n ot apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disab ilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATB CB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609; (x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xi) Other applicable federal civil rights and nondiscrimination regulations and guidance. Incorporation of FTA Terms – 16.a. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Energy Conservation – 26.j (a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulation s, “Requirements for Energy Assessments,” 49 CFR part 622, subpart C. Applicable to Awards exceeding $10,000 Section 11. Right of the Federal Government to Terminate. (a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if: (1) The Subrecipient has failed to make reasonable progress implementing the Award; DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 98 Contract Number: 24-HTR-ZL-00130/491003389 Page 38 of 47 Version 10/23/19 (2) The Federal Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award; or (3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger substantial performance of the Agreement. (b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations properly incurred before the termination date to the extent that the obligations cann ot be canceled. The Federal Government may recover the federal assistance it has provided for the Award, including the federal assistance for obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser amount, as the Federal Government may determine including obligations properly incurred before the termination date. (c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of performance established for the Award does not, by itself, constitute an expiration or termination of the Award; FTA may extend the period of performance to assure that each Formula Project or related activities and each Project or related activities funded with “no year” funds can receive FTA assistance to th e extent FTA deems appropriate. Applicable to Awards exceeding $25,000 From Section 4. Ethics. (a) Debarment and Suspension. The Subrecipient agrees to the following: (1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 CFR part 1200. (2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and 1200.220) with any Third Party Participant that is, or whose principal is, suspended, d ebarred, or otherwise excluded from participating in covered transactions, except as authorized by- (i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200; (ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 CFR part 180; and (iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or suspended Subrecipients or Third Party Participants. (3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR part 1200. (4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and debarment provisions to all lower tier covered transactions. (5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Subrecipient will provide immediate written notice to the: (i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the underlying Agreement, (ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or (iii) FTA Chief Counsel. Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note) Note: Applicable when tangible property or construction will be acquired Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j). Section 39. Disputes, Breaches, Defaults, and Litigation. (a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or disagreement involving the Award, the accompanying underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 99 Contract Number: 24-HTR-ZL-00130/491003389 Page 39 of 47 Version 10/23/19 Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Subrecipient, including divisions tasked with law enforcement or investigatory functions. (c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Agreement. Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its Award Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Subrecipient receives FTA’s pri or written concurrence. (d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third party agreement, or any federal, state, or local law or regulation. Applicable to Awards exceeding $100,000 by Statute From Section 4. Ethics. a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the underlying Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official channels. Section 26. Environmental Protections – Clean Air and Clean Water (d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 100 Contract Number: 24-HTR-ZL-00130/491003389 Page 40 of 47 Version 10/23/19 Executive Order No. 11990 relating to “P rotection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.” Applicable with the Transfer of Property or Persons Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: (a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j); (c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR part 381; and (d) Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 CFR §§ 301-10.131 – 301-10.143. Applicable to Construction Activities Section 24. Employee Protections. a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the underlying Agreement, including the: (1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3. (4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part 1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health Regulations for Construction,” 29 CFR part 1926. From Section 16 (n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided in federal regulations and guidance: (1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract performance bonds, and payment bonds. (2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 101 Contract Number: 24-HTR-ZL-00130/491003389 Page 41 of 47 Version 10/23/19 From Section 23 (b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically, 49 CFR § 41.117. Section 12 Civil Rights D(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60, and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. Applicable to Nonconstruction Activities From Section 24. Employee Protections (b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. Applicable to Transit Operations a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Subrecipient agrees to comply and assures that each Third Party Participant will comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): (1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto involve public transportation operations and are supported with federal assistance appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL is a condition of the underlying Agreement and that the Subrecipient must comply with its terms and conditions. (2) Special Warranty. When its Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the T ribal Transit Program. The Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and the Subrecipient must comply with its terms and conditions. (3) Special Arrangements for Agreements for Federal Assistance Aut horized under 49 U.S.C. § 5310. The Subrecipient agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate. Section 28. Charter Service. (a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal Charter Service regulations, federal requirements, or federal guidance. (b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA has established the following additional exceptions to those restrictions: DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 102 Contract Number: 24-HTR-ZL-00130/491003389 Page 42 of 47 Version 10/23/19 (1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)- type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal assistance for FTA program purposes only, and (2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for program purposes only. (c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604, appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. Section 29. School Bus Operations. (a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal requirements, or applicable federal guidance. (b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation of FTA’s School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant from receiving federal transit assistance. From Section 35 Substance Abuse c. Alcohol Misuse and Prohibited Drug Use. (1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR part 655; and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR part 40. (2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. Applicable to Planning, Research, Development, and Documentation Projects Section 17. Patent Rights. a. General. The Subrecipient agrees that: (1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the Subrecipient or Third Party Participant produces a patented or patentable invention, improvement, or discovery; (2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to practice with federal assistance provided through the underlying Agreement; or (3) When a patent is issued or patented information becomes available as described in the preceding section 17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and provide a detailed report satisfactory to FTA. b. Federal Rights. The Subrecipient agrees that: (1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements, and guidance, including any waiver thereof, and (2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any Third Party Participant as a large business, small business, state government, state instrumentality, local government, Indian tribe, nonprofit organization, institution of hig her education, or individual, the DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 103 Contract Number: 24-HTR-ZL-00130/491003389 Page 43 of 47 Version 10/23/19 Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR part 401. c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with applicable federal requirements. Section 18. Rights in Data and Copyrights. (a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar informatio n used for performance or administration of the underlying Agreement. (b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: (1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so. (2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal use, an institution of higher learning, the portion of subject data that the Federal Government has previously released or approved for release to the public, or the portion of data that has the Federal Government’s prior written consent for release. (c) Federal Rights in Data and Copyrights. The Subrecipient agrees that: (1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non- exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes, and (2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non- exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. (d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research, development, demonstration, deployment, technical assistance, or special studies program is to increase transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third Party Participants. Therefore, the Subrecipient agrees that: (1) Publicly Available Report. When an Award providing federal assistance for any of the programs described above is completed, it must provide a report of the Agr eement that FTA may publish or make available for publication on the Internet. (2) Other Reports. It must provide other reports related to the Award that FTA may request. (3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal Government determines otherwise in writing. (4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary information submitted to FTA. (5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal assistance for the Award becomes “subject data” and must be delivered as the Federal G overnment may direct. (6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or program that is both for the Subrecipient’s use and acquired with FTA capital program assistance. (e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with federal applicable requirements. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 104 Contract Number: 24-HTR-ZL-00130/491003389 Page 44 of 47 Version 10/23/19 (f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation unde r the preceding section occurs from any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify, save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers, employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by applicable state law. (g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23)) pertaining to rights in data either implies a license to the Federal Government under any patent, or may be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. (h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section generally does not apply to data developed without federal assistance, even though that data may have been used in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect data developed without federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or “Confidential.” (i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be required to release data and information the Subrecipient submits to the Federal Government as required under: (1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552, (2) The U.S. DOT Common Rules, (3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required publications and associated digital data sets as such terms are defined in the DOT Public Access plan. Additional information about how to comply with the require ments can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or (4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the Award, the accompanying Agreement, and any Amendments thereto. Miscellaneous Special Requirements From Section 12. Civil Rights. (e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows: (1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with: (i) Section 11101(e) of IIJA; (ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR part 26; and (iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement. (2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that: (i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FT A-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR part 26; and (ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third party contract, and notify FTA that this information has been attached to FTA’s electronic award management system. The Subrecipient must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance. As required by 49 CFR § 26.13(a): (i) Recipient Assurance. The Subrecipient agrees and assures that: DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 105 Contract Number: 24-HTR-ZL-00130/491003389 Page 45 of 47 Version 10/23/19 (A) It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 CFR part 26; (B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts; (C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement; and (D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance . The Subrecipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: (A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 CFR part 26; (B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable; (C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their subagreement, third party contract, or third party subcontract, as applicable; and (D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. From Section 12. Civil Rights. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 106 Contract Number: 24-HTR-ZL-00130/491003389 Page 46 of 47 Version 10/23/19 (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATB CB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609, (xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and nondiscrimination regulations and guidance . Section 16. Procurement. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regu lations, requirements, and guidance. State Requirements Section 37. Special Notification Requirements for States. (a) Types of Information. To the extent required under federal law, the State, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and (3) The amount of federal assistance FTA has provided for a State Program or Project. (b) Documents. The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 107 Contract Number: 24-HTR-ZL-00130/491003389 Page 47 of 47 Version 10/23/19 EXHIBIT E, VERIFICATION OF PAYMENT This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist is provided as guidance and is subject to change by State. State shall provide notice of any such changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to reimburse Subrecipients as quickly as possible and a well organized and complete billing packet helps to expedite payment. Verification of Payment –  General Ledger Report must have the following:  Identify check number or EFT number;  If no check number is available, submit Accounts Payable Distribution report with the General Ledger;  In-Kind (must be pre-approved by State) and/or cash match;  Date of the report;  Accounting period;  Current period transactions; and  Account coding for all incurred expenditures.  If no General Ledger Report, all of the following are acceptable :  copies of checks;  check registers; and  paycheck stub showing payment number, the amount paid, the check number or electronic funds transfer (EFT), and the date paid.  State needs to ensure that expenditures incurred by the local agencies have been paid by Party before State is invoiced by Party.  Payment amounts should match the amount requested on the reimbursement. Additional explanation and documentation is required for any variances. In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by State prior to any Work taking place.  If in-kind or cash match is being used for the Local Match, the in-kind or cash match portion of the project must be included in the project application and the statement of work attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind or cash match, but State does.  General ledger must also show the in-kind and/or cash match. Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State prior to applying it to the reimbursements.  If indirect costs are being requested, an approved indirect letter from State or your cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The letter must state what indirect costs are allowed, the approved rate and the time period for the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements.  Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR §200. 19, that verifies fringe benefit, or  Submit the following fringe benefit rate proposal package to State Audit Division:  Copy of Financial Statement;  Personnel Cost Worksheet;  State of Employee Benefits; and  Cost Policy Statement. DocuSign Envelope ID: C653A0C8-C2FE-4AA4-BDA0-39B3D331CB46 108 AGENDA ITEM NO. 3.6 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to 106West Couriers, LLC for the Loading and Delivery Program Renewal SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 106West Couriers, LLC for the renewal of the Loading and Delivery Program, not to exceed $1,500,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 106 West Services-A103123.docx 109 1 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _____ day of November, 2023, by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado municipal corporation (the "Town"), and 106West Couriers, LLC, a Colorado limited liability company d/b/a 106West Logistics with a principal place of business at 41199 HWY 6, Avon, CO 81620 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I.SCOPE OF SERVICES A.Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B.A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II.TERM, TERMINATION, AND RENEWAL A.This Agreement shall commence on the Effective Date, and shall continue through December 31, 2023, or until terminated as provided herein. B.Either Party may terminate this Agreement upon 60 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C.Commencing on January 1, 2024, this Agreement shall automatically renew for four additional 12-month terms, unless, prior to December 1 of any given year, either Party terminates this Agreement. Contractor shall provide the Town with the proposed increase for the following year on or before November 1 of each year. 110 2 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX III.COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an annual fee not to exceed $1,500,000.00 This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV.PROFESSIONAL RESPONSIBILITY A.Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B.The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C.Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D.Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. 111 3 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX V.INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VI.INSURANCE A.Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1.Worker's Compensation insurance as required by law. 2.Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3.Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B.Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C.Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. 112 4 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX VII.INDEMNIFICATION A.Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B.If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). VIII.MISCELLANEOUS A.Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B.No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C.Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D.Third Parties. There are no intended third-party beneficiaries to this Agreement. E.Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre-paid, first-class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F.Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 113 5 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX G.Modification. This Agreement may only be modified upon written agreement of the Parties. H.Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I.Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J.Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K.Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L.Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Kim Langmaid, Mayor ATTEST: __________________________________ Stephanie Bibbens, Town Clerk 114 6 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX CONTRACTOR By:________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2023, by ____________________________ as _________________ of ________________________. Witness my hand and official seal. (S E A L) ________________________________ Notary Public 115 7 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC095E64\@BCL@BC095E64.DOCX EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: 1.Contractor shall carry out the requisite responsibilities of the Town- Approved Contractor as stated in Title 7 Chapter 12 of the Vail Town Code including providing a delivery service to complete deliveries from the Mountain Plaza loading dock located at 250 Vail Lane, Vail, CO 81657, to their final destination, known as, "last mile delivery". The Mountain Plaza loading dock will be used as a central hub for Vail Village’s commercial deliveries. The Solaris, One Willow, Sebastian, and Four Seasons loading docks can also be utilized, but Contractor is not providing Services from those locations and will only be operating out of the Mountain Plaza loading dock. 2.Contractor shall ensure, through a mobile app, the schedule and deliveries to be used by local businesses and delivery companies, it will further notify drivers of available space at loading docks, track products, deliver them to local businesses, return damaged goods and collect data on the volume of goods coming into Vail Village. 3.Contractor shall deliver products throughout Vail Village via small, quiet, and efficient, electric vehicles. Generally, food and perishable items will be delivered first to prevent spoilage concerns. Each delivery will be checked for accuracy, on behalf of the business, to reduce returns and incorrect orders. Generally, most food deliveries will occur in the early morning hours, followed by beer/liquor deliveries. 116 AGENDA ITEM NO. 3.7 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Squire Broel for a Commissioned Sculpture for the Town of Vail's Public Art Collection SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement with Squire Broel, in a form approved by the Town Attorney, in the amount not to exceed $60,000.00 for the creation of the proposed sculpture for the Town of Vail's public art collection. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council_Memo_10_26_23.docx 117 To:Town Council From:Molly Eppard, Art in Public Places Coordinator, Art in Public Places Board Date:10/26/2023 Subject:Contract award for commissioned sculpture by artist Squire Broel I. PURPOSE The purpose of this memorandum is to award a contract with artist Squire Broel for a commissioned sculpture as approved by the Art in Public Places (AIPP) Board. II. BACKGROUND In July 2023, Squire Broel was the inaugural artist in residence for the Town of Vail’s Art in Public Places Program. Throughout the summer he engaged with the community, Town staff and the AIPP Board to develop a unique sculpture for the Town of Vail’s public art collection. The proposed sculpture, which aligns with AIPP’s five-year Strategic Plan’s vision, goals and objectives, was unanimously approved at the August 7, 2023 AIPP Board meeting. 50% ($30,000) is being privately donated to Art in Public Places for this commissioned sculpture. Squire Broel Sculpture Proposal III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with artist Squire Broel in the amount of $60,000 for the creation of the proposed sculpture for the Town of Vail’s public art collection. 118 AGENDA ITEM NO. 3.8 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Alex Jakubiec, Finance ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Update to the VLMD 2023 Operating Budget, Having a Net Zero Impact on Operating Expenditures. SUGGESTED ACTION:Approve, approve with amendments, or deny VLMD Budget updates. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023 VLMD Budget Update Memo 119 To: Vail Town Council From: Vail Local Marketing District Date: 11/7/2023 Subject: Vail Local Marketing District Budget Update I. BACKGROUND The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to attract overnight destination guests primarily during the non-ski season time frame, creating economic vitality by increasing the visitor base, sales tax and lodging tax revenues with a focus on mid-week and lower demand time periods. The overarching goal of the VLMD is to drive responsible revenue growth in Vail by focusing on quality of guest, length of stay and guest spend, while effectively communicating community values. II. BUDGET DETAIL The Vail Local Marketing District’s 2023 Budget was adopted in December 2022. At that time, revenue projections had been forecasted conservatively due to the uncertainty within the economy combined with an expected normalization in visitation after the pandemic. However, both inflation and average daily room rates have remained at record levels resulting in increased lodging tax collections. The updated 2023 lodging tax projection totals $5,305,000, down 3% from 2022 actual collections. This will generate an additional $69,500 in revenues from the current budget. This updated forecast is still projected conservatively based on YTD collections (through August) with September through December projected to be down 10% from the prior year. Earlier this year, the VLMD adopted an investment policy allowing them to take advantage of the favorable interest rate environment. The VLMD currently has funds invested in Colo Trust Prime account, with a current yield of approximately 5.2% This budget update has a net zero impact on the current expenditure budget, however, a number of strategic shifts in spending are recommended by staff as outlined below. III. BUDGET RECLASSIFICATIONS Since presenting the amended budget in June, the VLMD identified several line items that need to be reclassified to more accurately reflect how and where the funds are 120 Town of Vail Page 2 being deployed. The following budget shifts are requested. These shifts have a net zero impact to the budget: A shift of $187,200 to Photography from three areas in response to request for increased asset capture to enhance the 2024 campaign. - Website for $157,680 - Social Content Influencer for $28,760 as a savings shift due to a contracted social manager stepping away from the contract - Email Marketing for $760 as a savings shift A shift of $25,760 to Advertising Agency Fees from two areas to more accurately reflect the work of Miles Partnership. - Branding and Production for $23,040 that is directly related to agency media fees - Email Marketing for $2,720 that is directly related to agency media fees. V. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT The Vail Local Marketing District Advisory Council recommends that the Vail Local Marketing District approve the budget reclassifications, keeping the budget flat. 121 AGENDA ITEM NO. 4.1 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Town Manager Report SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town Manager Update 110723.docx 122 Town Managers Update November 7, 2023 1. Strategic Goals & Actions In January of 2023 the Town Council set four goal areas. The following is an update on progress with those goals. On July 18 Council modified the time frame for relocation of Town offices and implementation of the Civic area plan. PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023 CATEGORY GOALS NEXT STEPS WHO Housing The Town of Vail will acquire 1,000 additional resident housing deed restrictions by the year 2027 as compared to 2017. By October 1, 2023: 1.Complete the Residences at Main Vail. 2.Initiate the entitlement process for the Timber Ridge and West Middle Creek housing developments. 3.Acquire the East Vail CDOT parcel and initiate the design process. 4.Initiate the acquisition process for one additional parcel of land to create a significant regional housing development. 5.Amend the commercial linkage requirements and adopt residential linkage 1. Residents moved into RMV on September 1st, 20223. 2. A development agreement has been executed with Triumph development for 290+ units at Timber Ridge and this application is working its way through the development review process and we are on track for a May 1, 2024 construction start. 3. The Town received 10 proposals for creating a housing project at West Middle Creek and at the Councils direction, staff is negotiating a contract with Corum Development. 4. The Town is under contract to purchase 3 CDOT parcels including the east Vail parcel, land adjacent to West Middle Creek housing site, and the Timber Ridge housing project. 5. TOV and other stakeholders have begun working with the State Land Board on the Dowd Junction property. We are on track to exceeding this goal. Housing Director lead, supported by Town Manager & Deputy Manager, Finance Dept, Public Works, Com Dev, Econ Dev Civic Hub and Town Hall By November 1, 2023: Determine a program, budget, and critical path to renovate Dobson Ice Arena so that it will continue to serve Vail for another 40 to 50 years. By no later than September 1 of 2024, (Modified by council on July 18, 2003) the town will Determine whether to renovate or relocate Town of Vail offices and if relocated determine best location(s), a budget, and a timeline for relocation or renovation and determine the preferred community uses to be developed at the Civic Hub. “ Dobson: The Populus design team is on schedule for completing a schematic design for Dobson. Staff is working on a RFQ to solicit development companies to partner on this project. Town Hall/Civic Center: The Town has picked a consultant team to complete the scope of work to achieve the second part of this goal. A steering committee has also been chosen to provide recommendations on this project to the Council as this project moves forward. Contract awarded to 4240/Design Workshop/EPS to conduct spatial, floor planning, and economic analysis on Civic Hub site, Municipal Complex, and Public Works Site Public Works Director - Dobson/ Town Manager & Com Dev Director, Econ Dev Excellent Customer Service By November 1, 2023: 1.Create a clear definition for providing excellent customer service to our residents and guests The goal is to create clear standards for customer service related to our residents, guests, and internal customer service. This has turned into a more complex project since goals need to be accompanied with metrics. On November 7th, staff will provide a framework for achieving this Town Manager and Leadership Team 123 for town services and a means of measuring to what degree we are providing excellent customer service. 2. Identify and implement metrics for objectively measuring organizational effectiveness and health so that a baseline is developed which can be improved on in future years. goal. Full implementation of this goal will occur in 2024. The memo for the November 7 work session identifies high level goals and a framework for measuring those goals. Land Use Regulations Support Town Goals By November 1, 2023: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development Standards, and other pertinent land use policy language including the Town of Vail Comprehensive Plan. Bring forward recommendations for amendments to help foster the creation of affordable housing and improved efficiency of the development review process. Staff has completed an extensive set of recommendations to align the zoning code and administrative policy with the goal of creating affordable housing and these recommendations have been implemented or adopted by the Town Council. Examples of implementation include creating two affordable housing zone districts that provide flexibility for future housing project sand greater predictability by being more prescriptive with standards (versus a negotiation). Community Development Director, Public Works Director, Fire Chief The following is an update on the 26 Council priority actions identified in 2022: Vail Town Council Action Plan PROJECT MILESTONE UPDATES POINT of CONTACT COMMUNITY West Vail Master Plan Implementation Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.Ordinance No. 19 adopted 10/07/23 May 2022 – October 2023. Phase 2, Commercial (West Vail Center): Implementation of recommendations in Chapter 2, WVMP. Overview and proposed next steps, December 2023. Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP. Coordinate implementation timeline in context of town-wide Transportation Master Plan. Matt Gennett, Community Development Director Timber Ridge Apartments Redevelopment Contract executed with Triumph Development to build Timber Ridge II. Aug. 1, 2023: Updated market study, design development, and entitlement approval process to redevelop Timber Ridge Village Apartments. Final approvals are being obtained from the PEC and DRB. Spring 2024 Construction begins. Feb. 1 – Apr. 1, 2025 New units expected to be completed and available for phased occupancy. George Ruther, Director of Housing Ford Park Master Plan Amendments Ford Park Master Plan Amendments. An update was provided to Town Council on July 18; The plan has many elements with potential for implementation over a number of years, dependent upon funding and prioritization. Todd Oppenheimer, Capital Projects Manager Short Term Rental Policy Amendments Jan. 1, 2023 Effective implementation date of Ordinance No. 11, Series of 2022. Feb. 28, 2023 STR license renewal deadline. Carlie Smith, Finance Director Early Childhood Initiatives Funding in 2023 ($250,000) for Council supported areas including: Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty Workforce Retention – grants to 2 programs for 2023 Krista Miller, Human Resources Director 124 Expansion and Sustainability of ECE programs – infant subsidy and facility/lease support – pursuing expansion opportunities via in-home and/or new spaces Capital support – facility maintenance support ongoing & future capital support TBD Permanent Location for Children’s Garden of Learning Lease at temporary location expires 2026 or earlier pending 180 days’ notice. Staff are working to identify potential sites. Matt Gennett, Community Development Director Kathleen Halloran, Deputy Town Manager Wildland Urban Interface Code Amendments May 2023 Town Council update on 2022 Fire Free Five grant program. May-October 2023 Implement 2023 Fire Free Five grant program. Spring 2024 Fire Free Five code adoption consideration. Mark Novak, Fire Chief ENVIRONMENT USFS Booth Creek Fuels Reduction Project July 2023 USFS Record of Decision issued Winter 2023/2024 Identify costs and funding sources.Cultural clearance. 2024-2030 Implementation - timeline is variable due to external factors. Mark Novak, Fire Chief Identify Alternative Fuel Solutions 2022 - First boiler replacement operational. Collecting data on usage. Town is under contract with the Grey Edge Group, to study feasibility of a networked geothermal system for decarbonizing the snowmelt system. Experts toured Vail infrastructure on May 8th. Kristen Bertuglia, Environmental Sustainability Director Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia, Environmental Sustainability Director Wildlife Crossing at Dowd Junction Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia, Environmental Sustainability Director Global Friendship | Peer Resort Exchange Programming Staff to return to town council in Q3 with proposal for areas of alignment with key peer resort and international community exchanges. St. Anton delegation of 11 visited Vail June 6 - 10 with official tours and meetings and a proclamation at the June 6 th Town Council meeting and ending with participation at the Go Pro Mountain Games. Staff will begin working on next steps, such as an employee exchange program and potential visit next summer to St. Anton. Mia Vlaar, Economic Development Director. Kristen Bertuglia, Environmental Sustainability Director Cultural Heritage Preservation & Programs 2023 Budget is $25,000. March 21, 2023 – Resolution No 4 passed for the Naming or Commemoration of town-owned properties. Town’s website has been updated to include an online application. Partner on Trailblazer Award process. Continued work in 2023 - Summervail Archives (on hold for now, need to reconnect with their team) ; Vail Valley Voices (ongoing project with many more oral histories still to be captured) ; Library’s 40th Anniversary (celebration was first announced in March ; historic display on Hauserman table through the summer, Galleria display exhibit opened in August; July 4th Book ‘n Bake Sales (Theme is “This Library is Your Library – 40 Years Strong”) ; Eagle County celebrates 140 years (Library hosted the traveling photography exhibit in April) ; CHC website has been further updated to include cultural initiatives from other departments ; CHC committee meets bimonthly. Lori A. Barnes, Director of Library Services 125 Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022. Field work begins June 15 Kristen Bertuglia, Environmental Sustainability Director Building Code Regs & Climate Action Plan Implementation May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness 2023. Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program. Solar RFP responses received, contract to be completed June 20. Matt Gennett, Community Development Director ECONOMY 2. Dobson and Civic Area Plan Implementation Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson; by November 2024 determine location for Town Hall services.Dobson:Architect/design firm and owner’s rep presented conceptual designs for Dobson Ice Arena renovations during a Joint meeting with VRD and Town Council on July 18. Conceptual designs were adjusted based on feedback. Town Council presentation on August 1st responding to seating capacity questions and asking to continue moving forward with the recommended design and funding plan. August 15th contract for schematic design awarded to Populous team and moving forward with the $55M option. Civic Area – Contract awarded to 4240/Design Workshop/EPS to conduct spatial, floor planning, and economic analysis on Civic Hub site, Municipal Complex, and Public Works Site. Matt Gennett, Community Development Director Greg Hall, Public Works Director 4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing: Ordinance No. 17 approved on 09/19/23 which allows development on steep slopes in H district. First reading of Ordinance Nos. 24 & 25 on 11/07/23 to make certain strategic amendments to the H district and allow higher retaining wall heights for housing development in the proposed H and H2 zone districts. Matt Gennett, Community Development Director Special Events Funding Model Alternatives Initiative As part of the reimagining and restructure of the economic development department as a destination marketing organization (DMO), a new structure for special events funding will be explored in Q2. Carl Ribaudo is providing consulting services to address the town’s reorganization into a Destination Marketing Organization including marketing, special events, welcome centers, and business development. Mia Vlaar, Economic Development Director Vail’s Stewardship Roadmap Adoption of plan by resolution by Vail Town Council is planned for June 20th. Early implementation including resourcing, budgeting, and planning to begin in Q2 2023. Mia Vlaar, Economic Development Director Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total approximately $45 million. Timeline: 3 - 5 years Current plan is to use remaining $45M toward the $55M Dobson Ice Arena renovations. Kathleen Halloran, Deputy Town Manager Economic Development Strategic Plan Update Following the reimagining and restructuring of the department as a destination marketing organization (DMO), the economic development strategic plan will be wrapped into the overall new TOV Strategic Plan set for development in 2024. Mia Vlaar, Economic Development Director EXPERIENCE 3. Excellent Customer Service By November 1, 2023, achieve the following: Create a clear definitions of excellent customer service to our residents and guests and a means of measuring to what degree we are providing excellent customer service. Identify and implement a metric for objectively measuring organizational effectiveness and health so that a baseline is developed which can be improved on in future years. Presentation to Town Council November 7 of a high-level summary for implementation of Excellent Customer Service Plan. November 7 also includes a presentation by RRC & Associates with the summary results of post-visit guest surveys from Winter ‘22/’23 and Summer ‘23. Kathleen Halloran, Deputy Town Manager Go Vail 2045 – Vail Mobility & Transportation Master Plan July 2022 – May 2024. Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process of drafting initial recommendations which will be presented to the public and Council this summer for initial comment and feedback. Presentations made to Town Council August 1, August 15; Next round of presentations coming in November. Tom Kassmel, Town Engineer 126 Public Works Shops Expansion and Access Improvements March 2021 – June 2022. - Access Improvements: Engaged design team to provide a scope to provide additional steps to provide access to the upper level of the public works shop building. Greg Hall, Public Works Director E-Vail Courier Implementation Oct. 1, 2022 - Full implementation began. Council was updated on May 16th on the success of the program and lessons learned. Town Council passed an ordinance in October for an expansion of the program to include large couriers such as FedEx/UPS. The town is currently fighting a request for a Temporary Restraining Order by these two carriers. Ryan Kenney, Police Commander Regional Transportation Ballot measure passed in Nov. 2022. Town Council member Barry Davis is serving as the town’s representative on the RTA board. This first year will be spent establishing the new RTA.Updated Town Council on August 1st Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season. On April 18, Town Council approved recommendations by the Parking Task Force to implement changes to summer parking overnight rates and event parking rates at Ford Park. Parking Task force met July 21 to continue discussions for the upcoming winter parking program. Town Council approved the winter parking plan on August 15th. Parking Task Force set to meet in the coming month to recap the summer parking program and learnings from new initiatives (carpool, etc) Greg Hall, Public Works Director Guest Experience Initiatives PrimaVail and PrimaService programming will continue through September. Early winter will see another reactivation of PrimaVail and PrimaService recognition for the winter season. Mia Vlaar, Economic Development Director 2. Other Updates The Town Manger may also have other updates to provide the Town Council to ensure timely communication. 127 AGENDA ITEM NO. 4.2 Item Cover Page DATE:November 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Matters and Status Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 231107 Matters.docx 128 COUNCIL MATTERS Status Report Report for November 7, 2023 Kudos to Parking and Finance staff for parking pass sales process this season! Concern over significant number of speed bumps in the Vail Village parking structure: Council and town staff have received a large number of complaints regarding the installation of speed bumps throughout the parking structure. An internal meeting will be set to discuss next steps and possible resolution. Social Media Listening The word cloud under the “Conversation” tab reflects the social media chatter from the last few weeks, which reveled in the end of fall and first big snowfalls of the season. The LFA170 UFC event at Dobson also had a lot of coverage, hence why the term “vs” is one of the larger words in the cloud. https://share.sproutsocial.com/view/48b4ebe2-e383-413c-b4eb-e2e383513c86 129 In the News______________________________________________________ Oct. 18 Delay is the New Denial https://www.vaildaily.com/news/leaders-from-over-40-mountain-communities-gather-in-vail-for- mountain-towns-2030-summit/ Oct. 19 Yamanouchi Visit https://www.vaildaily.com/news/vail-reignites-relationship-with-japanese-sister-resort-as-it- welcomes-delegation-of-10/ Vail Made Right Decision - letter https://www.vaildaily.com/opinion/letter-vail-town-council-made-the-right-decision/ Oct. 20 49 Days for Appeal https://www.vaildaily.com/news/vail-resorts-has-49-days-and-counting-to-appeal-booth-heights- condemnation-ruling/ Hard to Recycle Event https://www.realvail.com/town-of-vail-celebrates-america-recycles-day-with-hard-to-recycle- event/a17450/ New Transportation Permits for Season https://www.realvail.com/vail-transportation-permits-required-for-new-season/a17454/ Oct. 21 Reframe the Climate Action Argument https://www.vaildaily.com/news/washington-governor-tells-mountain-town-leaders-in-vail-to- reframe-the-climate-action-argument/ Oct. 22 Outdoor Equity Programs https://coloradosun.com/2023/10/22/rural-outdoor-equity-programs/ Oct. 23 New Penalty Code https://www.vaildaily.com/news/using-someone-elses-ski-pass-at-vail-could-soon-result-in-a- big-fine/ Train to Vail https://www.realvail.com/vail-mayor-langmaid-calls-for-train-to-vail-less-rhetoric-on- mexico/a17466/ Oct. 24 Mountain Towns 2030 https://www.saminfo.com/news/sam-headline-news/10429-mountain-towns-2030-climate- summit-unites-resorts-communities 130 HVCC Lawsuit https://businessden.com/2023/10/24/truckers-sue-vail-over-delivery-vehicle-ban-in-villages/ https://www.law360.com/articles/1735800/colo-ski-town-can-t-enforce-delivery-truck-limits-suit- says New Penalty Code https://www.powder.com/region-colorado/vail-changes-enforcement-for-pass-abuse Oct. 25 HVCC Lawsuit https://www.vaildaily.com/news/colorado-motor-carriers-association-sues-vail-over-delivery- vehicle-ban/ Drug Take Back Day https://www.realvail.com/vail-police-to-participate-in-national-prescription-drug-take-back- day/a17495/ Oct. 26 Green Destinations Top 100 https://www.powder.com/region-colorado/aspen-breckenridge-durango-park-city-and-vail- recognized-internationally-as-green-destinations Vail's Gumption - letter https://www.vaildaily.com/opinion/letter-if-only-eagle-had-vails-gumption/ Oct. 29 2024 Budget https://www.vaildaily.com/news/how-vail-is-expecting-to-spend-135-5-million-in-2024/ Oct. 31 Go Vail 2045 https://www.vaildaily.com/news/what-improvements-should-vail-make-for-mobility- transportation-challenges/ Trick or Treat Trot - photos https://www.vaildaily.com/news/photos-tots-in-costumes-swarm-vails-streets-in-search-of-halloween- candy/ Nov. 1 Passenger Rail https://coloradonewsline.com/2023/11/01/return-of-vail-area-passenger-rail-gains-support-among- some-leaders/ Upcoming Council Events o November 7 Election Day! 131 To: From: Date: Subject: Vail Town Council Department of Public Works November 7, 2023 Resolution 43, Series of 2023, Request to adopt the 2023 Ford Park Master Plan I.PURPOSE The purpose of this agenda item is to request the Council to approve, approve with modifications or deny Resolution 43, Series of 2023 adopting the 2023 Ford Park Master Plan. II.BACKGROUND In December 2021 Council directed staff to prepare an update to the Ford Park Master Plan. Following a process to hire a planning consultant, preparation of the master plan was initiated in June 2022. Stakeholder and community engagement was a key component of the master plan process and established the foundation of the master plan. As a framework, the plan begins with a Mission Statement which captures the essence of Ford Park. The Goals build specific language around the Mission, and the Guiding Operational Principles describe how the Mission and Goals are implemented and upheld by park managers and stakeholders. Finally, the Capital Improvement Studies provide a succinct list of actions which will guide authorizations for further study and budget allocations for the coming decade. On October 9, 2023, the PEC unanimously, and without conditions, approved a recommendation to the Town Council for the update to the Ford Park Master Plan. III.STAFF RECOMMENDATION Staff recommends the Town Council adopt the proposed 2023 Ford Park Master Plan, as recommended by the Planning and Environmental Commission. IV.ACTION REQUESTED BY COUNCIL Approve, approve with modifications, or deny Resolution 43, Series of 2023 adopting the 2023 Ford Park Master Plan. Attachments: Draft Ford Park Master Plan Resolution 43 Series of 2023 PEC Minutes, October 9, 2023 Presentation 132 1 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@6407AE66\@BCL@6407AE66.DOCX RESOLUTION NO. 43 SERIES 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL ADOPTING THE 2023 GERALD R. FORD PARK MASTER PLAN UPDATE WHEREAS, the Vail Town Council instructed Town Staff to prepare an update to the Gerald R. Ford Park Master Plan, to be a compilation of previous planning efforts for the Park and the articulation of recommendations for new efforts with the Park; WHEREAS, the updated Gerald R. Ford Park Master Plan is intended to be an element of the Vail Comprehensive Plan; WHEREAS, following a properly-noticed public hearing on October 10, 2023, the Planning and Environmental Commission recommended that the Town Council approve the 2023 Gerald R. Ford Park Master Plan Update; WHEREAS, on November 7, 2023, the Vail Town Council held a properly-noticed public hearing to consider the 2023 Gerald R. Ford Park Master Plan Update; WHEREAS, the Vail Town Council finds and determines that the adoption of the 2023 Gerald R. Ford Park Master Plan Update is consistent with the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, WHEREAS, the Vail Town Council finds and determines that adoption of the 2023 Gerald R. Ford Park Master Plan Updatepromotes the health, safety,morals, and general welfare of the Town and the coordinated and harmonious development of the Town. NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The 2023 Gerald R. Ford Master Plan Update is hereby adopted in the form attached hereto as Exhibit A and incorporated herein by this reference, and made part of the Vail Comprehensive Plan. INTRODUCED, READ, APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER, 2023. ______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 133 1 TOWN OF VAIL GERALD R. FORD PARKDRAF T MASTER PLAN2023VAIL, CO 134 2 2023 FORD PARK MASTER PLAN ACKNOWLEDGMENTS DEDICATION Nick Courtens, Curator of the Plant Collection for the Betty Ford Alpine Gardens, passed away in a rafting accident on May 21, 2023. As a representative of the Gardens, Nick was active in the master planning process and excited to share his hopes for Ford Park. The project team is grateful for the enthusiasm and positive energy he brought to this project, and we dedicate the master plan to his memory. 135 3 TOWN OF VAIL THANK YOU The Ford Park Master Plan process could not have been accomplished without the time and dedication of many people. The Ford Park Stakeholders and their staff took the project seriously, were actively and continuously engaged, and offered critical insights into their operations and aspirations. Town staff were just as helpful, steering the project team with insights from the front lines. And thank you also to the community members that took interest in the plan and contributed feedback in person and online. PARTICIPANTS Town of Vail Charlie Turnbull Denis DeSousa Kristen Bertuglia Mia Vlaar Molly Eppard, AIPP Stephanie Kashiwa Vail Recreation District Justin Gompf Mike Ortiz Scott O’Connell Vail Valley Foundation Lauren Gary Mike Imhof Peter Bolston Betty Ford Alpine Gardens Colin Lee Nanette Kuich Nick Courtens Nicola Ripley Pedro Campos Eagle River Water & Sanitation District Jason Cowles Bravo! Vail Caitlin Murray Elli Varas Walking Mountain Science Center Hannah Rumble PEC Members Bill Jensen Bobby Lipnick Brad Hagedorn Henry Pratt John Rediker Reid Phillips Robyn Smith Town Council Members Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis, Member Jen Mason, Member Jonathan Staufer, Member Kevin Foley, Member Pete Seibert, Member 136 4 2023 FORD PARK MASTER PLAN PROJECT TEAM Greg Hall Director of Public Works and Transportation Todd Oppenheimer Capital Projects Manager / Landscape Architect, Public Works Department Gregg Barrie Senior Landscape Architect, Public Works Department Jonathan Spence Planning Consultant, Community Development Department Mark Luna, PE Principal Justin Brouse, PE Project Engineer Andrew Dawson Senior Associate / Landscape Architect, Project Manager Hanah Goldov Landscape Designer John Gibbs Principal Mike Svetz Principal 137 5 TOWN OF VAIL 03 Engagement 48 Engagement Process 56 What We Learned 01 Introduction 08 Executive Summary 12 Why This Plan 13 Goals of The Plan 14 Previous Planning for Ford Park TABLE OF CONTENTS 02 Ford Park Today 22 Existing Conditions 26 Park Understanding 34 Key Park Components 04 Understanding & Analysis 88 Framing the Situation 05 The Plan 98 Overview 100 Ford Park Mission 102 Ford Park Goals 104 Guiding Operational Principles 112 Capital Improvement Studies: Circulation & Access 128 Capital Improvement Studies: Facilities & Programs 06 Implementation 144 Overview 145 Priority Operational Actions 146 Guidance on Capital Improvement Studies 138 6 2023 FORD PARK MASTER PLAN 1INTRODUCTION 139 7 TOWN OF VAIL 1INTRODUCTION 140 8 2023 FORD PARK MASTER PLAN The property which today makes up Gerald R. Ford Park was acquired by the Town of Vail in 1973. The 39-acre park site represented one of the last remaining open and undeveloped parcels of land accessible to all residents and visitors of the Vail community. The 1973 Vail Plan described the site as a major community park — a destination that would satisfy the town’s growing recreational and cultural needs. In the past fifty years many improvements have been made to Ford Park. Foremost among these are the athletic fields, the Gerald R. Ford Amphitheater, the Betty Ford Alpine Gardens, a children’s playground, the Vail Nature Center, the Vail Tennis Center, and parking and transit facilities. Today, infrastructure necessary to serve the Park is largely in place, and access to and within the Park has been established. With the exception of Gore Creek, the majority of the Park has been developed with buildings, facilities or other program-related site improvements. There are four primary organizations involved in the operation of Ford Park. The Town of Vail, Vail Recreation District, Betty Ford Alpine Gardens, and the Vail Valley Foundation, all of whom play distinct roles and manage different portions of the Park. The Town of Vail is the owner of the Park and manages the common areas, stream tract, and parking lot areas. The other three organizations each hold a lease or license agreement to operate their respective facilities and programs within the Park. There are many other stakeholders that work or operate within the Park, running programming or events, managing restoration efforts and maintaining the Park. All these stakeholders and leaseholders share a deep understanding of and love for Ford Park, and face a variety of challenges striving to meet and satisfy their respective missions. While the Park is very successful in many respects, there are areas for improvement. The challenges the Park faces today stem from early piecemeal development decisions, without the benefit of a detailed design or development plan, and include issues related to access, circulation, vehicles, and park capacity. These challenges are reflected EXECUTIVE SUMMARY 141 9 TOWN OF VAIL in visitor impressions and were noted in extensive conversations with the Park stakeholders. However, they also lend the Park an organic and layered structure that creates a unique experience that should not be homogenized. By distilling and synthesizing layers of input and site investigations, and building upon the existing strengths of previous master planning efforts, this plan strikes a balance between re-affirming what is working well and re-imagining what could be done better. This master plan emphasizes the desire to break down silos, focus on the Park as a whole and streamline maintenance and operations through a set of guiding principles. These statements are meant to inform decision- making and priorities around Ford Park. They include action statements and recommendations regarding the Park’s overall function, and clarify repsonsibilites of the various entities that share this public space. The Capital Improvement Studies, built from extensive stakeholder and community engagement, are categorized into two sections, first addressing parkwide improvements that affect visitor experiences through circulation and safety enhancements and next addressing improvements that pertain to specific structures or locations within the Park that offer various programs and amenities to visitors. Both sets of recommendations work to unify the Park and contribute substantially to the overall park experience. The implementation strategy focuses on the guiding principles and capital studies by laying out a set of Priority Operational Actions that are meant to build on the existing framework of Ford Park and provide functional organization that can help the Park operate more seamlessly. Ford Park remains a special place to the Vail community and the visitors that return each year. As an extremely valuable open space adjacent to Vail Village, it is a public asset that should continue to be protected, and its programs and amenities should continue to deliver the highest level of service. 142 10 2023 FORD PARK MASTER PLAN SUMMARY OFGUIDING PRINCIPLES A: Ford Park Oversight Committee The Ford Park Oversight Committee is established to create a system that allows for more shared knowledge about what is happening in Ford Park. The purpose is to advise the Town Council, and Town Manager on policy issues relating to the development, maintenance, and operation of Ford Park. B: Future Changes Any proposal for physical or operational changes in Ford Park should be evaluated for its impact through the lens of the goals and principles of this plan. The Ford Park Oversight Committee can provide initial evaluation of any proposed changes, and make recommendations to Town Council. C: Programming The programming that currently exists in Ford Park should continue, without any one use impinging on the others or taking over the whole park. New programs should be vetted through the process described in Guiding Principle B. Programming should continue to serve both local community members and visiting guests. D: Stakeholder Stewardship, and Visibility The partner organizations that operate within Ford Park are critical to providing a world-class park experience for visitors. This plan recognizes and promotes these organizations, and creates The Ford Park Oversight Committee to increase their coordination, streamline their operations, and ensuring the Park is protected in the future. E: Environment The natural setting of Ford Park should be preserved and enhanced whenever possible. This is especially important for the Gore Creek riparian corridor. the Park-like character should continue to be preserved through maintenance of the tree canopy, expansion of planted areas, reduction of turf grass, and the sensitive siting of paths, structures, and hardscape elements. F: Maintenance and Landscape Management Upkeep of the grounds and facilities in Ford Park should be reconfigured to reduce duplication of services, utilize on-site expertise, reduce costs across all organizations, limit intrusion of maintenance vehicles in the Park, and improve visitor experiences. G: Circulation, Vehicles and Parking Vehicular access within Ford Park should be limited to only what is absolutely necessary for the maintenance of events and programming. All other vehicles should be limited from entering the Park beyond the parking lot or west maintenance facility. Pedestrian connections, including ADA-compliant routes of travel, both to and within the Park are prioritized for enhancement. 143 11 TOWN OF VAIL SUMMARY OF RECOMMENDATIONS Circulation and Access Undertake a parkwide signage and wayfinding study to promote a better understanding of the location of programs offered by the Park. Implement a study to improve parking & transit efficiencies and align with GoVail 2045 mobility and transportation master plan. Facilities and Programs Study the implications of planned GRFA renovations with Ford Park more broadly and insure compliance with master plan goals and principles. Conduct an engagement and design process for the Vail Nature Center to provide ADA access, fire safety/access and restrooms, and a public facility consistent with the status and quality of Ford Park and the Vail community. Conduct an ADA-compliance study and implement ADA routes through walkway upgrades and improvements. Study the management of vehicular access in Ford Park with a controlled and secure entrance on Betty Ford Way. Study the addition of a north entry/exit to GRFA to provide a streamlined exit for audience members sitting on the lawn, and to alleviate pressure on the other two egress points. Conduct a study to manage Gore Creek and provide protection, enhancement and access. Study the reorganization of the Lower Bench including the relationship between the Art Studio, picnic shelter, outdoor sculptures, nature walk, and Gore Creek. Conduct a study and implement a plan that will Increase maintenance facility capacity for the TOV, BFAG and VRD throughout the Park. Study and design the location of a Ford Park welcome center/visitor service hub. Plan and coordinate for the Eagle River Water and Sanitation District R-Series well development in the Lower Bench. 144 12 2023 FORD PARK MASTER PLAN The purpose of the 2023 Ford Park Master Plan is to provide a contemporary update and evaluation of Ford Park’s official planning document, which reflects current community values, recreational trends, and cultural contexts, and serves the Town of Vail as an unambiguous yet adaptable guidepost for the next 10 years. Previous plans for the Park have occurred in response to anticipated changes or proposals in the Park, but have generally followed a 10-year cycle. This plan has been developed as a continuation of many of the foundational tenets that have protected the Park throughout its existence. It builds upon these principles and offers recommendations for new operational strategies and physical improvements. Many of these are in response to proposals put forth in the last few years and challenges that have evolved since the last master plan. The goal is to offer a comprehensive vision that informs decision- making, prioritization, funding allocations, additional studies, and immediate actions. As well, it strives to be flexible enough to incorporate the complexity of an unknown future and account for unanticipated proposed changes to the management or design of the Park. This plan also strives to unify the Park through a shared vision and promote open lines of communication and collaboration between stakeholders. In doing so, this plan no longer uses the Sub Areas of the 2013 plan WHY THIS PLAN to organize the management of the Park. Instead, the plan sees the Park as a whole and adds specific guidance when one area of the Park should be treated differently than another. In short, Ford Park is a highly-prized and curated commodity. Almost every part of the Park is cherished, claimed, protected, or coveted by multiple parties and as such there are many desires and hopes for the Park that are sometimes conflicting. This master plan aims to consider all these perspectives and create a solid framework for the Park that has flexibility to adapt to changes and structure to maintain successful operations in the Park. 145 13 TOWN OF VAIL GOALS OF THE PLAN 1. 2. Revisit the goals and policies of the 2013 Master Plan. Reaffirm key elements and guiding principles that remain pertinent and remove outdated and irrelevant content, especially if objectives have been met. Engage the community, Ford Park stakeholder organizations, Town Departments, and Town leadership to understand ideas, goals, and opinions for Ford Park for the next 10-year period. Promote consistency between various Town of Vail planning efforts (Vail’s Stewardship Roadmap, Go Vail 2045 Mobility and Transportation Master Plan, Civic Area Plan). 3.6. 7.4. 5. Evaluate the inclusion (or exclusion) of existing or proposed changes to Ford Park. Confirm immediate action steps and recommendations and prioritize possible improvements in need of further study. Clarify expectations for the future use, development, and management of the Park and define effective tools for decision-making regarding the future of the Park. Protect the Park from over-use and over-development. 146 14 2023 FORD PARK MASTER PLAN The Town of Vail acquired the 38-acre Anholtz Ranch in 1973 for the stated purpose of “creating a major recreation facility for the total town” (The Vail Plan, 1974). Since that time the property has increased in size to more than 47 acres and has evolved into one of Vail’s most widely used and highly cherished assets. There have been four key master planning documents that have guided the Town in the design, maintenance, and organization of Ford Park. The 1974 Vail Plan, the 1985 Ford Park/Donovan Park Master Plan Development Final Report, the 1997 Ford Park Management Plan (with the 2012 update), and the 2013 Ford Park Master Plan. These documents, which have historically occurred every about 10 years, are summarized in the following pages along with other relevant planning documents. ORDINANCE NO 6SERIES OF 1973 Ordinance No 6 authorized the purchase (by condemnation) of the 38-acre property known as the Antholz Ranch. The ordinance listed possible uses for the land including the following: • for park and greenbelt purposes, • to preserve the natural and physical character of the area to be condemned, • for bicycle, equestrian and hiking trails, • for children’s playground, • for performing arts and civic center, • for a ski lift and related facilities, • for picnic areas, • for recreational facilities such as tennis courts, swimming pools, • gymnasium, ice skating rink, • for theater and assembly halls, convention center, public schools, • for possible exchange or trade of condemned land, or a portion there of, with other property which may exactly meet the needs of the town, • to construct and maintain water works, transportation systems, and other public utilities relating to public health, safety, and welfare. 1974 VAIL PLAN In 1974 the Vail Plan was designed to control the growth and development of Vail and contained a chapter on the Town recreation system. The Antholz Ranch property was mentioned as the only site satisfying the anticipated recreation needs. In the Vail Plan the uses intended for the property were further defined. PREVIOUS PLANNING FOR FORD PARK 147 15 TOWN OF VAIL The uses listed include a place for showing and creating art, crafts, etc.; An indoor theater as well as an 800 seat outdoor amphitheater; meeting rooms and community workshops; wide outdoor terraces and natural landscapes; indoor ice arena, tennis and handball courts; children’s play facilities and space for family activities; headquarters for the Annual Vail Symposium and local television; and a possible location for an ecologium (nature center). The property was described as a major community park-cultural center. The plan called for 200 surface parking spaces and direct service from the town bus system. Major parking needs were to be accommodated in the Vail Transportation Center with various trails and bikeways connecting to the Park. RESOLUTION NO. 1SERIES OF 1977 Resolution No 1 of 1977 was passed to rename the property known as the Antholz Ranch to Gerald R. Ford Park in appreciation of President Ford’s contributions to the community. 1985 FORD PARK / DONOVANPARK MASTER PLANDEVELOPMENT FINAL REPORT The purpose of the master plan was to guide the future development of these parks and establish guidelines for the implementation of improvements. The master planning project used a Recreation Needs Analysis Survey and involvement of the public in determining the recreation priorities of the community and the design concepts and criteria for the two park sites. The Ford Park master plan proposed a swimming pool complex, neighborhood park improvements, a skating rink on the lower bench, and the 148 16 2023 FORD PARK MASTER PLAN realignment of the eastern softball field. The neighborhood park open space area, playground, and access road were the only portions of the master plan actually constructed. DEVELOPMENT OF THE AMPHITHEATER The first major structure to be constructed in the Park, the Gerald R. Ford Amphitheater, was completed in July of 1987. The Parking and Transit Study completed in April of 1979 for the Amphitheater made five recommendations: • The Village Structure should be considered the major parking facility for Ford Park, with improvements to the signs, sidewalks, and bus service being necessary; • Extend shuttle bus service to the soccer field; • Disallow Frontage Road parking; • Construct a vehicle turn-around and passenger unloading area at Ford Park; • and do not schedule concurrent events. RESOLUTION NO. 27, SERIES OF 1987 Resolution 27 designated the seven acres around the Nature Center as an area to be preserved as an example of the Gore Valley’s natural history. Vehicular traffic was restricted and certain policies and procedures for preservation and maintenance of the grounds and facilities were established with the resolution. In 1988 development of the community park portion on the lower bench of Ford Park included the restroom, playground area, open turf area and picnic facilities, and the west access road. 1997 FORD PARK MANAGEMENT PLAN AND THE 2012 UPDATE The planning process that resulted in the 1997 Ford Park Management Plan, was initiated in June of 1995 in response to several development proposals which had been formally and informally discussed for the Park. These development proposals included an Educational Center for the 149 17 TOWN OF VAIL Betty Ford Alpine Gardens, a cultural/ performing arts center, expansion of the tennis facility, athletic field fencing, and a community parking structure. This planning process was also seen as a means for addressing park management issues such as parking deficiencies, Frontage Road access, pedestrian access and circulation, access for the elderly and mobility impaired, utilization of the lower bench, conflicts between uses within the Park, conflicts with adjacent property owners, and the delineation of financial responsibilities. In 2012 the 1997 Ford Park Management Plan was updated to reflect numerous improvements proposed for the Park. Plans to improve the Park were initiated when Vail voters approved re-allocating a portion of the +/-$9,000,000 Convention Center Funds to Ford Park. The 2012 Update maintained the general direction for the Park as established by the1997 Management Plan. With only a few exceptions, the 2012 Update suggested no significant changes to the uses, facilities and activities that currently take place in the Park. One exception was the 2012 Update included the development of an Education Center for the Betty Ford Alpine Gardens along Gore Creek adjacent to the main entry to the Gardens. All of the existing major uses in the Park – athletic fields, passive recreation, the Gerald R. Ford Amphitheater, the Alpine Gardens and Tennis Center were to remain in place. 150 18 2023 FORD PARK MASTER PLAN 2013 FORD PARK MASTER PLAN The goal of the 2013 Gerald R. Ford Park Master Plan was to maintain the essence of what Ford Park is and what was envisioned for the Park in 1974 — a combination of natural open space along the Gore Creek corridor coupled with recreational, social and cultural uses and facilities to serve the needs of residents and guests of Vail. Goals and Objectives of the 2013 Master Plan 1. Protect the natural environment along the Gore Creek Corridor and ensure new uses do not adversely affect the quality of the overall character of the Park. • Maintain the current variety of uses • Prohibited uses: Ski lift, Civic center, convention center, schools, gyms, assembly hall, and Equestrian trails • Preserve and protect environmentally sensitive areas • Use sustainable design and environmentally friendly materials and construction methods • Limit buildings and structures to only what is necessary to meet needs of park operations and appropriate facilities 2. Provide open space, facilities, and programs within Ford Park to meet passive and active recreation, educational, and social and cultural needs of the residents and guests. • Preserve mature trees adjacent to Gore Creek • Identify key viewsheds from strategic locations • Encourage berms and buffers around recreational areas to buffer noise • Create an educational and visitor center 3. Reduce vehicles into the interior of the Park and minimize vehicle activity, particularly in the passive areas on the lower bench and along pedestrian walkways. • Should be no net loss of the 200 parking spaces in the Parking/Transit area and the 65 soccer field spaces – any net loss needs to be offset by improvements in transit. 4. Provide a safe, enjoyable, and efficient pedestrian circulation system within Ford Park and between Ford Park and Vail Village. • Provide clear and effective directional and informational signs to and within the Park • Encourage pedestrian access from Vail Village and Transportation Center • Enhancements to Gore Creek Trail – safety, grading, surfacing, lighting • Additional seating areas, public art along trails to enhance experience Since the last master plan, many capital improvements have been completed, including the Amphitheater Social Courtyard, new restrooms, and the Education Center. 151 19 TOWN OF VAIL • Establish gateways and portals at the main entries • Upgrade Betty Ford Way to create high quality pedestrian corridor with improved surface materials, lighting, seating, and landscaping 5. Maintain good relationships between all venues and uses within the Park. • Provide sufficient separation, berms, and landscape buffers between facilities and uses • Enhance buffers between tennis courts and active recreation and parking areas PROGRESS SINCE THE 2013 PLAN Many changes and updates have occurred since the 2013 plan. All of the 7 capital improvements outlined in the 2013 plan have been implemented and many have been successful. Since 2013, the Betty Ford Alpine Garden Education Center was built, there are new restrooms at the lower bench playground, the Vail Valley Foundation made upgrades to the amphitheater entry and public plaza, there are new entry monuments at the Park’s pedestrian gateways, restoration efforts are underway along Gore Creek and improvements have been made to the Gore Creek village connector. Along with these capital improvements, the 2013 plan also laid out a series of detailed action steps related to operations and management of the Park. While some of these action steps have been implemented, many have not. As a result, the Park has continued to evolve but management of the Park has largely stayed the same leading to questions about the capacity of the Park and conflict between overlapping uses. The illustrative site plan of the 2013 Master Plan. 152 20 2023 FORD PARK MASTER PLAN 2FORD PARK TODAY 153 21 TOWN OF VAIL 2FORD PARK TODAY 154 22 2023 FORD PARK MASTER PLAN THE VAIL VALLEY The Town of Vail was incorporated in 1966, four years after the opening of Vail Ski Resort. The Town was built around the ski resort, which is now the largest in Colorado. The Town owns, manages and maintains eight neighborhood parks, two community parks and numerous pocket parks. Ford Park is set apart from the other parks in Vail. It is both a neighborhood park, a regional park, and an international tourist destination. As such, visitor expectations are held to a high standard. Three key fundamental realities frame the current state of affairs in Ford Park: Geography of the Valley The Vail Valley is physically constrained by the mountains that rise on all sides, and by the Gore Creek riparian corridor, which bifurcates the valley floor. This limits the amount of space available for development and increases the value of the land that is available. Open expanses of level ground are almost entirely built out. EXISTING CONDITIONS Proximity to Infrastructure Ford Park sits adjacent to Interstate 70 — as does almost all the Town of Vail. The highway is an ever-present neighbor, with noise from cars and trucks infiltrating the Park, day and night. Additionally, the expansive Colorado Department of Transportation (CDOT) Right-of-Way imposes regulatory obstacles on Ford Park’s physical layout. History of the Park The piecemeal development of Ford Park over many decades has created entrenched spatial and functional constraints on the distribution of programs and amenities. Logistics in the Park are difficult for the stakeholder organizations, and the arrangement of major park components are essentially fixed. 155 23 TOWN OF VAIL TOWN OF VAIL PARK SYSTEM 70 STEPHENS PARK ELLEFSON PARK BUFFEHR CREEK PARK DONOVAN PARK MAYOR’S PARK COVERED BRIDGE POCKET PARK PIRATE SHIP PARK FORD PARK VAIL GOLF CLUB KATSOS RANCH OPEN SPACE BOOTH CREEK PARK RED SANDSTONE PARK SUNBIRD PARK BIGHORN PARK WEST OF STEPHENS, INTERMOUNTAIN POCKET PARK IS AT THE INTERSECTION OF BELLFLOWER AND KINNICKINNIK 156 24 2023 FORD PARK MASTER PLAN GYPSUM EAGLE WOLCOTT 70 REGIONAL CONTEXT Vail sits along the I-70 corridor, just west of the Gore Range and within Eagle County, 100 miles west of Denver. The county seat is the Town of Eagle, and the most populous community is Edwards. Mountain communities like Vail sit at the interface between developed landscapes and wild lands. It’s economic base has traditionally been driven by outdoor recreation enthusiasts, particularly skiers heading to Vail Mountain. Parks and open space in Vail complement the resort and surrounding mountains. Ford Park in particular deserves to be evaluated every so often for its ability to accommodate visitors and act as a release valves for residents, while at the same time increasing the sense of community. This plan will continue to uphold the community values established by Vail early on, and Ford Park will remain a cultural hub and recreational respite for the community, whether local or visitor, set amongst a wider backdrop of stunning public lands and natural resources. EDWARDS 157 25 TOWN OF VAIL VAIL & THE EAGLE VALLEY VAIL MINTURN AVON EAGLE-VAIL EDWARDS 70 24 FORD PARK 158 26 2023 FORD PARK MASTER PLAN PARK UNDERSTANDING 159 27 TOWN OF VAIL THE SITE Located immediately east of Vail Village, the proximity of Ford Park to the Village and the convenient access it affords residents and guests is one of the Park’s most significant attributes. The Park is seen by many as the community hub of Vail. Many physical characteristics of the land surrounding the Park have impacted the design of the Park and the way it has developed. Significant influences in the early design include the South Frontage Road and I-70, which establishes the north boundary of the Park, and Gore Creek, which runs through the middle of the Park. Ford Park sits on a sloping site. Sixty feet of grade change occurs between the Frontage Road and Gore Creek, creating major obstacles to accessibility and circulation, maintenance functions, concert logistics, and programmable space. But this grade change also created the natural conditions for an outdoor amphitheater, provided a stunning backdrop for the botanical gardens, influenced intricate playground features, and framed a microcosm of the larger landscape of the Vail Valley. Colloquially, the topography creates an “Upper Bench” and “Lower Bench” which are referred to in this plan to orient the reader within the Park. Over time this grade change, created in large part by regrading from the construction of Interstate 70, became a point of demarcation for the predominantly active recreation uses on the Upper Bench and the cultural and passive recreation uses on the Lower Bench. 160 28 2023 FORD PARK MASTER PLAN FORD PARK ORGANIZATIONS OWNER LEASEHOLDER STAKEHOLDER CONTRACTOR ENVIRONMENTAL SUSTAINABILITY ART IN PUBLIC PLACES PARKING + TRANSIT PUBLIC WORKS ECONOMIC DEVELOPMENT 161 29 TOWN OF VAIL PARK ZONES Upper Bench: The flat upper area of the Park that contains the athletic fields, tennis center, restrooms, concessions, maintenance facilities, main bus stop and parking lot. Lower Bench: The lower area of the Park that contains more varied programming such as the multi-use lawn, playground, basketball court, Alpine Gardens and the Ford Amphitheater. Gore Creek Corridor: Gore Creek and its adjacent riparian ecosystem. The Vail Nature Center sits on the south side of the creek in this zone. South Ford Park: This zone contains the south parking lot, VRD maintenance facility, athletic field, sand volleyball courts and bus turnaround. In previous plans this zone has been called the soccer or rugby field, but in this plan it has been renamed beause this zone of the park is used for more than just the field. UPPER BENCH LOWER BENCH GORE CREEK CORRIDOR SOUTH FORD PARK 162 30 2023 FORD PARK MASTER PLAN ACCESS & CIRCULATION Access and circulation are key factors in how the Park functions. On-site parking is provided, but in keeping with the original concept for the Park the amount of parking is limited to +/-194 spaces along the Frontage Road and +/-54 spaces at South Ford Park. Parking for major park events is also provided in the Town’s parking structures. Access from these structures to the Park is provided by pedestrian corridors and the Town’s transit system. Pedestrian access is provided via the Gore Valley Trail, a sidewalk along the South Frontage Road, the Village Streamwalk, and by two bridges over Gore Creek. The Park’s main transit stop is located on the South Frontage Road with additional stops on Vail Valley Drive. These stops are served by the In-Town shuttle and by dedicated express bus service during special events. Visitors get from the parking structures to the Lower Bench via Betty Ford Way, the primary path through the Park. 70 Parking Bus Stop Park Entry Road Primary Path Secondary Path VAIL VA L L E Y D R I V E B E T T Y F O RD WA Y MAIN TRANSIT STOP TO THE VILLAGE SOUTH FRON T AGE ROAD 163 31 TOWN OF VAIL EXISTING LEASE LINES The Town of Vail is the landowner of Ford Park and plays an active role in the management and operation of the Park. The Town also has lease agreements with the three organizations that manage and maintain facilities in the Park: The Vail Recreation District, The Betty Ford Alpine Gardens, and The Vail Valley Foundation. The lease lines create distinct boundaries that dictate who manages different areas of the Park. The leaseholders primarily work with the Town of Vail in funding and managing their respective areas. Leaseholders are all friendly with each other but do not often collaborate. (The lease docuemnts can be found in the appendix). Town of Vail Betty Ford Alpine Gardens Vail Valley Foundation Vail Recreation District C D O T R O W 164 32 2023 FORD PARK MASTER PLAN ECOLOGICALLY SENSITIVE FEATURES The Gore Creek corridor is the Park’s most significant natural feature and provides the Park with open space for the quiet enjoyment of nature. The corridor also provides a critical pedestrian link to Vail Village via the streamwalk. The creek, which is a tributary of the Eagle River, and its surrounding riparian landscape are core components of Ford Park. The creek sits 60 feet below the Frontage Road. The topography dictates many programmatic elements of the site, including the distinction between the “Upper Bench” recreation areas, and the “Lower Bench” community park, amphitheater, and gardens. The Vail Nature Center sits along the south bank of the creek and contains a wide array of wildflowers, shrubs and herbaceous plants, and canopy trees. The open meadows are filled with a diverse assortment of wildflowers, woody shrubs such as sagebrush, and aspen trees. GORE CR E E K VAIL NATURE CENTER UPPER BENCH LOWER BENCH Gore Creek Corridor 165 33 TOWN OF VAIL PROGRAM AREAS Ford Park is a beloved park because it has so much to offer. On most summer days there are multiple simultaneous events as well as an influx of visitors walking from the village to enjoy the passive areas of the Park. The primary program areas are detailed on the following pages. MULTI-USE SPORTS FIELDS (SOFTBALL, LACROSSE, SOCCER) SOCCER FIELD (SOCCER, RUGBY) NATURE CENTER VOLLEYBALL COURTS TENNIS COURTS TENNIS CENTER AMPHITHEATER EDUCATION CENTER ALPINE BOTANIC GARDEN MULTI-USE LAWN PLAYGROUND + BASKETBALL COURT Town of Vail Betty Ford Alpine Gardens Vail Valley Foundation Vail Recreation District GORE C R E E K 166 34 2023 FORD PARK MASTER PLAN KEY PARK COMPONENTS GERALD R. FORD AMPHITHEATER The Gerald R. Ford Amphitheater (GRFA), completed in 1987, was the first major building to be constructed in the Park. The Amphitheater straddles the grade transition between the Upper and Lower Bench. This location allowed the Amphitheater to utilize sloping terrain to create terraced seating areas. This location also affords stunning views of Vail Mountain. Today, the 2,500+ seat venue hosts big names in rock, country, classical and bluegrass; it is the home base for Bravo! Vail; it hosts the world’s top talent at the Vail Dance Festival each summer; and it is home to community events, graduations, and a host of ceremonies that, together, make it a central gathering place for everyone who loves Vail in the summertime. The Ford Amphitheater structures are owned and operated by the Vail Valley Foundation, who operate the venue on a long-term lease from the Town of Vail. 167 35 TOWN OF VAIL BETTY FORD ALPINE GARDENS Betty Ford Alpine Gardens (BFAG) is an internationally acclaimed botanic garden known for its alpine horticulture, education, and conservation. The garden is the highest elevation botanical garden in North America situated at 8,200’ and attracts more than 120,000 visitors annually. BFAG is comprised of four distinct sections; Mountain Perennial Garden (1989), Mountain Meditation Garden (1991) Alpine Rock Garden (1999), & the Children’s Garden (2002.) The plant collection showcases more than 3,000 species of high-altitude plants, many of which are from the Rocky Mountains, as well as some from other regions of the world. The gardens are free to visit, open year- round, and host programming and events throughout the year. 168 36 2023 FORD PARK MASTER PLAN EDUCATION CENTER The Betty Ford Alpine Gardens Education Center was a product of the 2013 Master Plan which confirmed the site for the building adjacent to West Betty Ford Way. The primary purpose of the building is to provide educational programs for the community. The uses within the building include rooms for interpretive displays, meeting/classrooms, a greenhouse, event space on the roof, and a small amount of administrative space necessary to support on-site operations of the gardens. 169 37 TOWN OF VAIL TENNIS CENTER The Bill Wright Tennis Center is comprised of eight clay courts and a full-service pro shop. Open June through October, court and equipment rentals, private lessons, and group clinics are available to residents and guests of all ages. The tennis center is owned and operated by the Vail Recreation District. The building, which was completed in 1990, houses the pro shop as well as the administrative offices for the Vail Recreation District. 170 38 2023 FORD PARK MASTER PLAN UPPER BENCH ATHLETIC FIELDS The athletic fields along the Frontage Road were one of the earliest features of Ford Park. The relatively flat terrain is hard to find in the valley and, with some fill from down valley, provided an ideal location for early community sports. The fields also provide a buffer between the highway and the Lower Bench features of the Park. The fields are owned and operated by the Vail Recreation District. Throughout the summer they host soccer and lacrosse tournaments as well as many community leagues. 171 39 TOWN OF VAIL SOUTH FORD PARK FIELD The athletic field is the primary feature of the South Ford Park area. The field serves the soccer, rugby, and lacrosse communities. The sand volleyball courts are heavily used in the summer. The views from this area to the Gore Range are stunning. A cul-de-sac at the east end of the sub- area allows In-Town buses to turn around when providing extended service to Ford Park. 172 40 2023 FORD PARK MASTER PLAN COMMONS The Commons area plays an important role in the Park as the central community space. Aside from Gore Creek, this area has the most unprogrammed open space in the Park. Visitors use the Commons as they would a neighborhood park, for playing catch, having a picnic, using the playground or taking a walk. This zone includes a picnic shelter, sculpture area, playground, basketball court, restrooms, and multi-use lawn. The lawn offers space for picnics, rest, informal games, and other passive recreational uses. It also provides an important buffer between the more actively developed areas of the Park and Gore Creek. Previous planning for the Park has made a strong effort to limit the number of programmed events that occur on the multi-use lawn to leave the space free and clear as much as possible. 173 41 TOWN OF VAIL PARKING There are three parking areas within Ford Park. The primary parking area, the main Ford Park lot, sits along the Frontage Road on the east end of the Upper Bench. The main lot holds 194 spaces. It is currently free to park there in the summer and ticketed during the ski season. Many locals and staff who work in the village or on the mountain use the lot as an affordable parking option. The other lot sits at South Ford Park adjacent to the soccer field. This lot is used differently throughout the year, and is a desirable parking area for instructors and coaches teaching at Golden Peak in the winter. It is also used as a staging area for various townwide events. This lot holds 54 spaces. The third parking area is at the entrance to the GRFA. This area is an ADA zone for access to the amphitheater. However, the limited spaces are often misused and are the focus of conflict around vehicles in the Lower Bench. 174 42 2023 FORD PARK MASTER PLAN GORE CREEK Gore Creek and the adjacent riparian corridor and trail are used by park users as a natural escape for fishing, tubing, and other water activities and as the primary pedestrian connection to the village. The the seasonally maintained Streamwalk is heavily traveled and provides access to the Park for many park users coming from the village, and in particular the the transit center and parking structures. There are two bridges over the creek that connect Vail Valley Drive to the Lower Bench of the Park: one at the entrance to the Amphitheater, referred to as the Nature Center Bridge, and another near the Commons Lawn referred to as the Manor Vail Bridge. 175 43 TOWN OF VAIL 176 44 2023 FORD PARK MASTER PLAN VAIL NATURE CENTER* The Vail Nature Center, or VNC, occupies seven acres of land on the south side of Gore Creek within the boundaries of Ford Park. The VNC was originally developed in the 1970’s and consists of a renovated 1940’s farmhouse with a variety of educational and taxidermy displays, trails, and open meadows. The Nature Center is owned by the Town of Vail, but programming is operated by Walking Mountains Science Center, a non-profit that also handles general upkeep of the facilities. The Nature Center grounds are managed by the Town of Vail as a nature preserve. There are three entrances to the site: the Nature Center Bridge, the walking path from Vail Valley Drive and South Ford Park, and a service road that is used for maintenance access only. A series of four interpretive trails cross the seven acres of outdoor space in addition to an entrance trail. The VNC’s seven acres include a narrow riparian corridor along the north side of Gore Creek, which is undeveloped and inaccessible for visitor or program use. The Building The existing two-story VNC building dates from the 1940’s and is approximately 1,500 square feet. Several additions were added to the original structure during the 1980’s. There is no running water or restroom in the building. In 2017 the building structural and mechanical systems were evaluated, and it was determined that the building is structurally sound but the framing in the upper level, where offices were located, is not up to code and should not be occupied. The building does not comply with accessibility standards set by the Americans with Disabilities Act. It also fails to meet basic fire codes. There is no fire suppression system on site and the route to the building is not navigable by a fire truck. Given the less than ideal building conditions, the exhibits and programming of the Nature Center were relocated to a yurt. The yurt is intended to be a temporary solution that will be replaced when the Nature Center is updated to comply with ADA and wildfire safety requirements. Parking & Access Parking for the VNC is limited and there is no ADA-compliant access to the site. During the summer, visitors to the VNC can park at South Ford Park, Ford Park, or in the Vail Village and Lionshead parking structures. During sporting events around Ford Park or concerts at the Ford Amphitheater, parking is fee-based at the South Ford Park and Ford Park lots which makes accessing the VNC more difficult. Mid-June through mid-August, visitors can access the VNC by riding the In-Town bus from locations throughout Vail and disembarking at the “Vail Nature Center” stop on Vail Valley Drive. *Description referenced from Interpretive Master Plan and Problem Statement 177 45 TOWN OF VAIL PREVIOUS REDESIGN EFFORTS There is a shared understanding that changes must be made at the Nature Center to make it more accessible, safer and more enjoyable. In 2015, the Vail Nature Center Interpretive Master Plan provided context and rationale for a variety of recommendations related to the structural soundness of the facilities and the potential for a vibrant educational and interpretive future for the VNC. The 2018 Problem Statement described the gradual decline in the overall condition of the facility and the opportunities to expand and improve the VNC. This was followed by the 2019 VNC Conceptual Review by Hopkins Architecture which responded to the components of the Problem Statement by reviewing regulatory, fire, ADA, and structural engineering constraints and used sketches and precedent images to propose solutions for improved access, expansion, and longevity. 178 46 2023 FORD PARK MASTER PLAN 3ENGAGEMENT 179 47 TOWN OF VAIL 3ENGAGEMENT 180 48 2023 FORD PARK MASTER PLAN Stakeholder and community engagement was a key component of the master plan process. For this plan, understanding each stakeholder and their relationship with Ford Park was essential. The project team met with the stakeholders extensively over the course of the project, always gathering new information about the intricacies of Ford Park and increasing our depth of knowledge. An important step in this process was understanding any immediate or future plans the stakeholders have that are likely to impact the Park for the next 10 years, or beyond. These aspirations were then shared at the Stakeholder Roundtable, which provided an opportunity to hear from each other, share goals and visions, and generally expand the lines of communication among Ford Park partners. This went a long way to eliminating hearsay and promoting better communication among these stakeholders. The Stakeholder Roundtable also provided the backdrop for launching the wider public engagement on EngageVail. The project team took feedback from the stakeholders to develop a public survey in April 2023 that asked respondents to weigh in on the stakeholder proposals and general perceptions of Ford Park’s organization and levels of service. This section summarizes the engagement process, including the results of the stakeholder conversations and feedback received from the online survey. The project team conducted stakeholder and community engagement between summer 2022 and 2023. The engagement process can be seen in this timeline. ENGAGEMENT PROCESS 181 49 TOWN OF VAIL PROJECT KICKOFF JULY 2022 SUMMER 2022 FALL 2022 WINTER 2023 SPRING 2023 SUMMER 2023 FALL 2023 STAKEHOLDER HAPPY HOUR MEET-N-GREET STAKEHOLDER WALK-N-TALKS TOWN COUNCIL + PEC WORK SESSIONS JULY 2023 PEC + TOWN COUNCIL REVIEW SEPTEMBER -OCTOBER 2023 STAKEHOLDER ROUNDTABLE COMMUNITY MEETING AND ENGAGEVAIL LAUNCH MARCH 28, 2023 BFAG BOARD OF TRUSTEES MEETING AIPP BOARD MEETING PUBLISH FORD PARK MASTER PLAN UPDATE - ANTICIPATED NOVEMBER 2023 STAKEHOLDER SURVEY + INTERVIEWS AUGUST-SEPTEMBER 2022 STAKEHOLDER LETTERS ENGAGEVAIL ONLINE SURVEY APRIL 2023 ENGAGEVAIL PROCESS UPDATE 182 50 2023 FORD PARK MASTER PLAN STAKEHOLDER CONVERSATIONS The engagement process kicked off with a stakeholder survey, which helped the project team get to know each organization and understand their role in Ford Park. The team wanted to hear candidly about how each organization relates to Ford Park and the other stakeholders. They were also asked to share their hopes for their work in Ford Park. The survey was followed by an in-depth conversation with each stakeholder that built on what was shared in the survey. The process culminated with an in person Meet-n-Greet happy hour at the Tennis Center. The happy hour was the first chance for the group to get together, hear about the process to follow, and share their individual aspirations. October 2022 Meet-n-Greet Happy Hour at the Tennis Center. 183 51 TOWN OF VAIL Proposals shared by stakeholders included the new Art Studio, a renovation of the South Ford Park maintenance facility, a new Nature Center campus, and additions to the Amphitheater buildings. STAKEHOLDER LETTERS The next step in the process was to confirm the specific physical changes and plans that each stakeholder hopes to see for Ford Park. In order for a proposal or idea to be included in the master plan, it had to be shared during this stage of the process. The project team began a more formal information gathering process with a letter to each stakeholder asking for written confirmation about all anticipated changes. The project team asked the stakeholders to share how ideas will benefit 1) their organization, 2) Ford Park and 3) the wider community. The goal was to both gain a shared understanding of what changes to expect in Ford Park and communicate the need to consider how these changes will benefit the community and impact other stakeholders. This process led to a series of conversations and deeper understandings of each organization’s plans and why they seek these upgrades. 184 52 2023 FORD PARK MASTER PLAN STAKEHOLDER ROUNDTABLE The Ford Park Stakeholder Roundtable meeting occurred on March 2, 2023. There were 19 people in attendance. The purpose of the meeting was for the Ford Park Stakeholders to gather in person, share their plans for Ford Park, and communicate challenges they hope the master plan can address. It was acknowledged that this meeting was the first time all of the stakeholders have been together in one place to discuss Ford Park. The meeting began with introductions and an overview of the Master Plan process. Next, the stakeholders were split randomly into groups that each visited three stations around the room. The first station was about the physical changes in the Park that had been proposed by all the stakeholders during the two rounds of stakeholder engagement. Stakeholders got a chance to see all the proposed changes on one map and ask their peers questions about the proposals. The next station was about operational challenges and opportunities, focused on maintenance, programming, and circulation. Each group reviewed a set of boards that had feedback and ideas on each of these topics. The last station addressed the experiential quality of Ford Park. Each stakeholder was asked to imagine visiting Ford Park from the perspective of different types of visitors. The group then discussed the challenges and benefits of these different experiences. Main takeaways: • All stakeholders confirm the difficulty with private vehicles in the Park, especially along Betty Ford Way at the Lower Bench. • Efforts are needed to reduce redundancies in the Park, especially related to multiple service vehicles driving down into the Park during busy days, or for clarifying duplicative maintenance responsibilities. • Wayfinding in the Park is a major issue. The signage is not clear enough to direct visitors from the parking lot to the various programs. • Parkwide accessibility issues need to be addressed. • There was support for streamlining maintenance functions and responsibilities. • There was support for Betty Ford Alpine Gardens to become responsible for more landscaping outside of the Betty Ford lease area. • Attendees agreed there should be more coordination between stakeholders, especially for events and programming during the summer. 185 53 TOWN OF VAIL The Stakeholder Roundtable was held in the Grand View Room of the Lionshead Parking Structure. 186 54 2023 FORD PARK MASTER PLAN STAKEHOLDER WALK-N-TALKS The Walk-n-Talks were an opportunity to meet with stakeholders individually at the Park and share ideas for inclusion in the plan. New ideas were gathered and some ideas that previously seemed feasible were dismissed given the contraints of the Park or through new insights gained by being on site. This was a valuable time to ground truth ideas and begin to formulate final recommendations for the master plan. Site visits with representatives from the Betty Ford Alpine Gardens, VRD, and VVF. 187 55 TOWN OF VAIL COMMUNITY ENGAGEMENT The public-facing engagement process was built out of the feedback shared by the stakeholders, and involved three stages. First, the project team shared project updates at the Vail Community Meeting on March 28, 2023. This was a chance to speak directly with community members and gather ideas or hear concerns. It was also helpful to gain an understanding of the breadth of concurrent Town of Vail initiatives, and hear from civic leaders. Next, the EngageVail survey site for the master plan was launched during the month of April. EngageVail provided an opportunity for community members to weigh in on proposed changes and share thoughts and insights on their perceptions of Ford Park. With over 100 respondents, the results are an informative glimpse at the public values for the Park. The summary results of the survey are shared in the following section, and the full results are included in the Appendix. Lastly, the project team updated the EngageVail project page with the draft master plan proposals, ahead of final review by the Town Council. The project team attended the spring Community Meeting and had a display booth with project information and QR code directing attendees to the EngageVail survey. 188 56 2023 FORD PARK MASTER PLAN Betty Ford Alpine Gardens (BFAG) was founded in 1985 by the Vail Alpine Garden Foundation and named in 1988 in honor of former first lady Betty Ford. The mission of BFAG is to deepen understanding and promote conservation of alpine plants and fragile mountain environments. The mission is executed by inspiring people with exceptional displays and collections of alpine plants and science-based conservation and education programs. The project team worked closely with the Gardens during the engagement process, meeting regularly and sharing updates with BFAG staff and presenting at the Fall board of directors meeting. BETTY FORD ALPINE GARDENS Stakeholder Perspective BFAG believes that Ford Park has not yet reached its full potential. It offers such variety for all ages and interests, but it falls short on parking, accessibility, wayfinding and communications. BFAG staff feel that the leaseholders operate within the Park in silos. They want to experience more partnerships and collaboration across stakeholders. Challenges BFAG feels that the limited space they currently have in Ford Park impedes the Garden’s ability to showcase a greater diversity of plants, educate more of the public about mountain habitats and to further develop alpine conservation efforts. They feel limited by the leases lines and often receive criticism from visitors that the gardens are too small. BFAG also feels challenged by the limits of their relationship with the Town of Vail. In the past they have felt an unwillingness from the Town to partner on new opportunities or work with them as they try to find ways to expand into unused areas. Another challenge is the over-scheduling of simultaneous events by all the stakeholders, especially those events that create congestion for the Gardens. Accessibility is a major challenge for the older audience, especially in the winter when operations are much more challenging. There is no free parking, fewer volunteers, fewer guests and icy walkways. Aspirations Betty Ford Alpine Gardens would like to continue to grow and partner with the Town of Vail as international leaders in mountain WHAT WE LEARNED 189 57 TOWN OF VAIL environmental conservation and education. Future growth is limited by the availability of space for additional conservation efforts such as seed banking and propagation facilities, expansion of family educational programming and the staff to run these projects. As a global leader among high altitude botanical gardens, BFAG wants to be able to grow and display plants that few other botanical gardens in the world can exhibit. BFAG believes that there are additional spaces in and near Ford Park that would be highly suitable as expansion areas for gardens, programs, and conservation sites. BFAG also hopes to be a part of re- visioning the Nature Center. They feel their expertise, proximity and resources could be used to improve the use of the VNC. The organization has expertise that could restore the grounds to a native plant meadow and feature an example of a successful, waterwise landscape. They feel that the Nature Center could be a powerhouse of conservation programs and interpretation, and a hub for nature tours and hands-on education. BFAG also desires a propagation area with workshop, seed bank and worktable that is accessible year-round; Better signage to the Gardens and more accessible parking. “Ford Park is the interface between the urban and natural landscapes. It gives visitors the opportunity to interact with the natural environment in a controlled setting.” -BFAG Staff The BFAG 2020-2023 Strategic Plan outline three primary goals of for the gardens: Goal I. CONSERVE and EDUCATE Dramatically expand conservation and educational impacts through innovative research, exhibits, educational and interpretive programs. Goal II. GROW Present inspiring displays of alpine plants at Betty Ford Alpine Gardens in Ford Park and develop additional public sites to expand living collections and conservation efforts. Goal III. SUSTAIN Build the organizational excellence to have all the financial, board, staff, and volunteer resources needed to meet the garden’s mission and vision. 190 58 2023 FORD PARK MASTER PLAN The Vail Recreation District’s (VRD) mission is to offer diverse and exceptional recreation opportunities that enhance the physical, social and emotional well-being of all its residents and guests. The VRD aims to help Vail Valley residents and visitors pursue their recreational passions. The VRD programs and manages the athletic fields on the Upper Bench and at South Ford Park, and the tennis center in Ford Park. The project team worked closely with the VRD during the engagement process, sharing ideas back and forth and speaking with many different staff members. VAIL RECREATION DISTRICT Stakeholder Perspective The VRD is often navigating an ongoing desire by some people to host non-sporting events on the fields. This poses a significant challenge given the volume of sporting events that are programmed on the fields every year. VRD feels that most people do not understand the amount of work that goes into maintaining fields and facilities that host the scale and frequency of athletic events that they do in such a short period of time. The VRD’s programming has significant economic impacts for the Town. This reality means that they do not often turn athletic groups away if they want to host an event on the fields, though this adds more work and upkeep for the VRD team. The VRD does not want to operate non-sporting events on the fields because there is not enough time to handle the maintenance required. Challenges the Park is at times over-programmed. Parking is not adequate for the many programs and events hosted in the Park. Accessibility for those on the lower bench is concerning. VRD deliveries and vehicles encounter frequent conflicts with other uses in the Park. Betty Ford Way is extremely busy with pedestrians and bikers which makes it very difficult to get in and out safely with a truck and trailer during the day. Lack of sufficient storage and access is a big challenge for the VRD. They have a maintenance bay on the west side of the Upper Bench field that is hard to access. There is difficulty for any producer using the fields for a tournament or other event to adequately get equipment/tents/goals etc. onto the field, tournament director’s office and concessions. The paths around the field 191 59 TOWN OF VAIL are not adequately wide enough for a vehicle to drive on, and there is no room to pull off the path to not disrupt pedestrian flow. The narrowness of the paths has led to damage around the Park. The VRD also does not have sufficient office space in the Tennis Center. The entire organization has office space in the building that detracts from the intended use of the building as a tennis center. Aspirations The goals of the VRD are to monitor and carefully plan the programming and use of the Park so that it meets the recreation needs of residents and guests. VRD wants to continue to maintain the athletic fields so that they can host the large athletic events of the past and future. They do not want to accommodate non-sporting events on the fields. The VRD has plans to build a maintenance facility at the South Ford Park lot. This facility would be for the Park maintenance crew and equipment, along with restrooms, and separate storage for the sports department, rugby team, and events. “The athletic fields are extremely well maintained and assist in the economic health of the community. VRD feels that they have succeeded at their goal of finding a balance between local play and event play.” - VRD Staff 2018 Vail Recreation District Year in Review provided statistics and information about events, revenue, memberships, and participation in a variety of activities led by the VRD in 2018, Including Vail Tennis Center. In 2018 the center had over 60 members and 130 youth attended junior tennis camp. 192 60 2023 FORD PARK MASTER PLAN The Vail Valley Foundation (VVF) is a nonprofit organization whose mission is to enhance quality of life and showcase the community to a global audience through arts, athletics, and education. Early in its history, the organization led the creation of the Gerald R. Ford Amphitheater (GRFA) in Ford Park, raising the money to complete the structure and opening in the summer of 1987. The project team worked closely with the VVF during the engagement process. VAIL VALLEY FOUNDATION Stakeholder Perspective Ford Park is successful in complimenting Vail Village with open space, arts & culture, music, rec sports and the Gardens but it falls short by over-saturating the area with third party events while not maintaining communication amongst the user groups. the Park is also challenged by not having a well-maintained walking route to the village with effective informational signage for guests. Challenges The VVF faces similar challenges to other stakeholders around accessibility, capacity and storage. The venue is very expensive to maintain and operate, and the venue must make all its revenue in the 130 days that it is currently open. It currently loses money every year. The venue is outdated in numerous areas, most specifically the lack of storage space, outdated seating, lack of office space and lack of updated rehearsal space. Outside of the venue, there are significant challenges with accessibility and wayfinding. There is no accessible route from the parking lot, so the staff run golf carts up and down Betty Ford Way before and after a show, but they create conflict between other pedestrians and operations within the Park. There are limited ADA parking spaces by the entrance of the amphitheater, but they are often occupied by non-ADA users or obstructed by large vehicles. The truck turn-around at the loading dock is not large enough for large trucks or semi-trucks so vehicles get stuck or have to continue through the part on Betty Ford Way which is often disruptive to other uses. People also have difficulty finding the GRFA, and other areas of the Park, if they are walking from the parking lots or Vail Village. 193 61 TOWN OF VAIL Aspirations The VVF aims to continue to position the GRFA as an iconic ‘bucket list’ venue for performing arts and live music that delivers an exceptional guest experience for all those who come through the gates. This can only happen through increased, successful artist programming, a strong competent staff, a longer summer season (more events in May & Sept) and re-investment in the venue on an ongoing basis. The VVF currently has a capital improvement plan to increase capacity at the venue with a goal of providing more diverse programming at the GRFA from May to October. The primary purpose of the project is to elevate the guest, staff, volunteer, and artist experience and materially increase the total usable square footage for storage and operational staff from back of house to box office to green rooms to north, south and east concessions expansions. Currently, staff are compromised in their ability to flip the venue in a timely and efficient manner moving from one performance to another. The increased square footage will allow the venue to be maximized in its use during the peak summer months of operations. Ford Park is “a hidden gem in a tourist packed town. Music, Gardens, and recreation converging all within a quiet nook of Vail.” - VVF Staff 2018-22 Vail Valley Foundation Strategic Plan describes goals and objectives for all projects, events, programs, and venues relating to arts & culture, athletics, education, and organizational excellence . The goals and objectives relate to making investments in the venue and programming that will engage audiences, delivering world-class events that drive local economic impact, expanding youth programing in Eagle County, advancing operational and financial stability, and maintaining the ability to be flexible and opportunistic. 2022 Gerald R Ford Capital Improvements Campaign Conceptual Design Document proposes design options and renderings for new concessions and box office additions . It explores options for solar panels and updated seating and railings in the amphitheater . 194 62 2023 FORD PARK MASTER PLAN Since its inception in 1987, Bravo! Vail has hosted summer orchestral concerts at the Gerald Ford Amphitheater and throughout Vail. Bravo! Vail enriches people’s lives through the power of music by producing the finest performances by the greatest artists, fostering music education, and promoting a lifelong appreciation of the arts. What started as a small chamber music series is now an international music festival with dozens of performances every summer throughout Vail. The GRFA is home to 20 orchestral concerts presented by Bravo every summer. They bring many of the world’s top musicians and orchestras to Vail each year. Attendees include local residents, second homeowners, and roughly 50% travel to Vail specifically to attend Bravo. Stakeholder Perspective Bravo! Vail is a top cultural attraction and economic driver for the town, bringing a significant economic impact that draws tourists and customers to the patronize hotels, restaurants and retailers. As such, Bravo believes that the GRFA must remain the primary home for its orchestral concerts. It’s a wonderful venue and community asset. The biggest challenges come from attempting big scale concerts at a relatively small and isolated mountain venue. Challenges Most people do not understand the difference between Bravo and the Vail Valley Foundation and are confused about who is presenting what at the GRFA. Bravo is one of the main presenters of programming in the GRFA but is a separate entity than the VVF. This leads to competition for donors between the two organizations which poses a challenge to Bravo. The biggest challenges for Bravo are accessibility for patrons, particular those with mobility issues, lack of parking overall, daytime for staff and evening for attendees, and vehicular access limitations. Most of Bravo’s patrons are older folks who have significant accessibility challenges. While ADA standards are met in the number of handicapped spots, it is far below what the demographic needs and is problematic on a nightly basis. Accessibility to the venue itself also poses a problem, with golf carts sharing the walking path with foot traffic. Improved accessibility features of the Park are important to Bravo’s long-term use of the GRFA. Bravo has concerns about safety at the GRFA and are wary of weather events becoming BRAVO! VAIL 195 63 TOWN OF VAIL more extreme and disruptive to the already packed season. They are currently working with an emergency management/risk assessment expert to help address these concerns. Lodging for orchestral partners has also emerged as one of the biggest challenges and most significantly increasing expenses and will undoubtedly become even more difficult in the years to come. While it is true that the local hotels must be able to sell their rooms at a profitable rate, Bravo risks being priced out of housing in the Town, which would be incredibly problematic to their business model overall. Aspirations Bravo! Vail currently operates under a five- year contract with the VVF but seeks a longer- term relationship with the GRFA. They seek a more permanent relationship so they can execute their long-term vision which includes continuing to diversify their audiences, build on an existing legacy of artistic excellence, expand music education programs for local students and build brand awareness and reputation locally, regionally, nationally and internationally. In terms of the GRFA venue, the main priority is to expand the venue in ways that make it more feasible to turn the venue over on a short timeline (ie – The VVF could book a major act to perform in the venue on a “dark Bravo night” even though Bravo has an orchestra in residency at that time. The current backstage and storage constraints make this very difficult. Bravo also hopes to have a stronger relationship with the Town of Vail. While they serve the entire Vail Valley, the majority of their work is focused within the Town Ford Park “provides a location for recreation, culture, green space, gathering, and enjoyment of the natural beauty of Vail.” -Bravo! Vail of Vail. The organization would like to be considered for greater financial support for those programs, and in turn provide greater marketing exposure for the town. They believe that greater marketing collaboration could be beneficial to both the town and Bravo, due in large part to the demographics of their audience and the type of visitor Bravo attracts to the town. The New York Philharmonic performs during Bravo! Vail’s 2022 summer program. 196 64 2023 FORD PARK MASTER PLAN 197 65 TOWN OF VAIL 198 66 2023 FORD PARK MASTER PLAN WALKING MOUNTAINS SCIENCE CENTER Walking Mountains Science Center (WMSC) is a non-profit organization that runs environmental education programming throughout Eagle Valley. WMSC has been involved in the Vail Nature Center since they took over programming from VRD, when that organization’s focus shifted to active recreation. WMSC is contracted by the Town of Vail to provide educational programming at the Nature Center including hiking, birding tours, beaver pond tours, wildflower viewing, stargazing, and creek-side nature tours. They do not have an interest in making capital improvements in the VNC. Stakeholder Perspective As a relatively flat area of the valley, Ford Park has the most potential to be an accessible place to visit of any location in Vail. Infrastructure updates should embrace radical inclusivity rather than the most basic legal requirements of ADA. Challenges WMSC faces many challenges when it comes to the Nature Center. For one, visitors have trouble locating and accessing parking near the VNC. There is no accessible way to reach the VNC and no adequate parking nearby. While it is important for the VNC to be distinct from the rest of Ford Park, it feels disconnected. There is a need for more connectivity with the rest of the Park and Vail more widely. Visitors and even TOV staff are not aware of the Nature Center and sometimes do not know where/what it is. Walking Mountains feels that they are well suited to continue to provide programming at the Nature Center, but they need more support with a restoration plan for the meadow and grounds. WMSC is currently handling much of the upkeep, but it is not where they are best suited. WMSC seeks more buy-in from and consistent communication with TOV to help maintain the land as a nature preserve. Another challenge is that their programming is currently run out of a temporary yurt. Being confined to the yurt presents a challenge in creating hands-on, compelling exhibits and activities for visitors, yet the old farmhouse didn’t meet their needs either. Aspirations The Nature Center is a very beloved space, but the visitor experience has suffered with the deterioration of the cottage. The yurt, 199 67 TOWN OF VAIL which was meant to be a short-term solution, is inadequate for the programs that WMSC hopes to provide. As a result, the community presence at the center has decreased, now mostly tourists visit the site. WMSC wants it to be a place for locals as well as visitors. WMSC hopes that the future VNC will have accessible trails and buildings, modern and dynamic exhibits for visitors, indoor plumbing, and year-round programming. The VNC should be a world-class facility indoors and outside, and a model for other nature preserves. There needs to be a dedicated entity to lead this vision. Ford Park “is a great civic area that celebrates being outdoors, healthy living, and cultural events. It has the potential to be a gateway to the outdoors or to be a substitute for nature/ natural areas that are otherwise inaccessible to many - if work is done.” -WMSC Staff Exhibits inside the temporary yurt at the Nature Center. 200 68 2023 FORD PARK MASTER PLAN TOWN OF VAIL ENVIRONMENTAL SUSTAINABILITY DEPARTMENT The Town of Vail Environmental Sustainability Department is responsible for implementing programs and initiatives related to climate change, renewable energy, resource efficiency, ecosystem and wildlife protection, open space and community awareness and education. Staff members work on an organizational, local, state-wide, national and international level to influence policy and design programs to drive sustainable practices. Programs and initiatives are guided by goals established in the Environmental Sustainability Strategic Plan. The department mission is to foster the stewardship of the global environment, the unique mountain ecosystem and wildlife, along with the economic and social sustainability of the community. The Environmental Sustainability Department manages and operates the Nature Center grounds and the restoration along Gore Creek. The department oversees the work of Walking Mountains Science Center which operates all the programming at the Nature Center. Stakeholder Perspective Ford Park is successful in balancing a multitude of programming and maintenance needs, even if it is occasionally crowded, but it could benefit from a master vision. The Environmental Sustainability Department feels that the VNC structure needs to be addressed, and it is the role of the Town of Vail to facilitate and create a strategic vision for the site while maintaining it as a nature preserve. The Nature Center programming through the town’s partnership with Walking Mountains provides a unique experience in environmental education and should be maintained as such. Challenges The department is primarily challenged by balancing the many needs and desires of the community with space, crowding, and budget. There have been conflicting 201 69 TOWN OF VAIL ideas about the VNC and the department is responsible for holding these perspectives. There is a need for a more explicit vision for the VNC that is widely supported and includes guidelines for additional proposals, specificity of preservation and conservation, and improvement areas. Aspirations The department wants the Vail Nature Center to serve as one the town’s world class experiences. The Vail Nature Center holds a special place for the Vail community and provides a unique experience that other entities do not provide. At a minimum, the Town must address ADA requirements, create a safe and usable permanent structure, create a comprehensive interpretive plan for the exhibits that are updated and fitting for a modern educational experience. Utility service upgrades, including restrooms, fire department access. The Environmental Sustainability department hopes to see the VNC as a quiet sanctuary with a preserved meadow and a modest but world-class building (remodeled and moderately expanded existing footprint), outdoor learning experience for all ages. They want it to be a dynamic place that draws return visitors and locals alike. The grounds support wildlife and their habitat, and one can regularly view them on the site. They see it becoming an educational hub with award-winning and unique programs with a modern approach that does not only include the use of screens, but tactile and interactive, experience-based learning. The best design elements from nature-based learning experiences should be incorporated. “Ford Park can serve as a model for the community as an example of a high use area that maintains healthy riparian corridors and supports human recreation, art, music, world-class gardens, access, and thriving habitat areas at the same time.” -Environmental Sustainability Department. Existing Gore Creek access within Ford Park. 202 70 2023 FORD PARK MASTER PLAN TOWN OF VAIL ART IN PUBLIC PLACES Art In Public Spaces (AIPP) is a program of the TOV. The intention of the program is to assemble a collection of works of art in public places which are educational, attractive to residents and guests, and of an overall aesthetic quality equal to the excellent international reputation the town enjoys as a resort. AIPP has Town Council approval and support to establish an artist in residence program at a new artist studio in the Lower Bench of Ford Park. The program is under the direction of a five-member board which meets monthly to discuss AIPP projects and direction. Members of the public are encouraged to attend the meetings which are held in the Vail Town Council Chambers. The project team has met multiple times with AIPP including presenting to the board. Stakeholder Perspective Ford Park is successful in providing a venue for a variety of world class performances, becoming a community cultural hub. It is an oasis for families to retreat. The TOV was visionary for seeing the need and value of an arts program in the public works department. AIPP aims to help make Vail more than a ski town. They want to bring in art that is nationally recognized and fold in contemporary works with the more typical sculptures. Challenges AIPP is challenged by facilitating progress with the next steps towards design approval, construction timeline and advancing the initiatives for the art studio space as outlined in the existing Ford Park Master Plan and directed by Town Council May 2021. Aspirations AIPP is in the final design development stages with Harry Teague Architects for the designated visual art studio facility on the lower bench of Ford Park. With the direction of Town Council (May 4, 2021) AIPP has outlined an artist in residency and retreat program to accommodate anticipated multi- disciplinary artist studio space needs. It will foster a creative environment and for professional growth through connection to community and natural landscape. The scope of the programs will be mutually designed and agreed upon by the artist and staff. Typical public engagement consists of community projects, lectures, demonstrations, youth-learning experiences, workshops or other special programming. 203 71 TOWN OF VAIL There is interest in incorporating art within the surrounding areas of the artist studio, as well as other opportunities for temporary and environmental installations. The artist studio will evolve to be the cornerstone of the AIPP program with potential to expand the existing collection. AIPP would be interested in including art or artist components with other future Ford Park improvement projects such as the Nature Center, Tennis Center, and other potential opportunities. AIPP Board has identified the importance of continuing to engage the community with meaningful and memorable public art experiences. With the inclusion of the art studio, public art will continue to have a presence and thrive in Ford Park. “AIPP plans to continue to enrich and enhance the cultural experiences within Ford Park for both residents and guests, as the program has done for decades.” -AIPP Art in Public Places ‘Hodgepodge,’ a Stickwork installment by Patrick Dougherty at the Lower Bench of Ford Park in 2018 204 72 2023 FORD PARK MASTER PLAN TOWN OF VAIL PUBLIC WORKS The Facility Maintenance division manages town-owned facilities and assets. At Ford Park the town maintenance team is responsible for turf maintenance, irrigation, weed control, playground inspection/maintenance, perennial and shrub bed maintenance, trash removal, restroom janitorial (contracted 2x day), street sweeping, parking lot painting, and snow plowing. Typically, the Park maintenance crew is in the Park four hours per week with five people. The flower crew is there every other week (if they can park) to maintain beds, and they have one person to water flower pots every day. Irrigation is there five hours per week. Trash is collected daily and janitorial is twice daily in the summer. Facility maintenance and other maintenance is sporadic. Stakeholder Perspective It is difficult to maintain Ford Park. the Park is busy and there are challenges between public use and maintenance responsibilities throughout the year, though mostly in the summer. The maintenance staff sometimes feel like intruders when they are in the Park. Challenges The heavy use of the Park is the biggest challenge for the maintenance team. Most days, crews must be in the Park by 7:00 am and are forced out by 9:00 am by the number of users. Special events and programs, that the crews are not notified about, sometimes prevent staff from performing maintenance functions. The maintenance team often feel like intruders in the Park. Large special events that occur over several days make it particularly difficult to get the work done, even knowing about them in advance. Events and programs need more coordination if the maintenance team is expected to fulfill its duties. The facilities team supports BFAG by hauling landscape waste from the Gardens. This can be as much as five times a week at certain times of the year. There is no compost bin on site that the Gardens uses. This creates more intrusions into the Park and conflicts between uses. Aspirations The public works team sees the benefit of reorganizing maintenance responsibilities. They also believe that the maintenance might not need to be conducted by TOV staff. BFAG and VRD also have expertise in turf and landscape maintenance and already operate in the Park. Given that there is not currently enough space for maintenance facilities within Ford Park, it would be wise to investigate other solutions. 205 73 TOWN OF VAIL Flower pots are meant to beautify the entrances to Ford Park, but they create logistical challenges to the TOV facilities crew, which requires equipment trucks to enter the Park. Maintaining the lawn at the Lower Bench Commons is a persistent challenge for the TOV facilities team. 206 74 2023 FORD PARK MASTER PLAN TOWN OF VAIL PARKING & TRANSIT Parking and Transit manages parking operations for both the Ford Park and South Ford Park lots to service guests and users of Ford Park. During the summer they: • Hold meetings for Ford Park User Group to create a summer events calendar and address any concerns for operations • Create and maintain an event calendar that is shared with the Ford Park User Group and updated weekly • Maintain list of people who are granted access to the lot during events • Maintain parking equipment (gates, pay stations) • Manage ‘nest’ buy outs (west end of Ford Park lot) • Sign the lots to inform guests if there will be a paid event • Manage parking for certain events • Manage the use of the reserved spots on the east end of the lot. Communicate with Ford Park User Group to utilize this space as signed or utilize it for event support. • Enforce parking regulations and issue warnings/citations as needed • Enforce parking/traffic concerns in the Ford Park bus stop • Answer calls from parking station 24/7 • Changing signage on frontage road to lots to direct traffic flow During the winter they: • Maintain parking equipment (gates, pay stations) • Delineate parking area when a snow event occurs • Enforce parking regulations and issue warnings/citations as needed • Enforce parking/traffic concerns in the Ford Park bus stop • Answer calls from parking station 24/7 • Changing signage on frontage road to lots to direct traffic flow • Change signs to reflect the daily rates • Create rates and access profiles for users of the lot • Currently allow public to park for a fee until a % full, then close off to pass- holders only 207 75 TOWN OF VAIL Challenges Everyone is challenged by parking at Ford Park for various reasons. In the winter the lot is underutilized, and in the summer, it is over capacity. In the winter the lot cannot be used overnight due to plowing, despite many people wanting to park there. With the busy summer event season, the Ford Park lot fills up most days. Many sporting events take place where participants feel it is too difficult to park in another lot and get on a bus, and additionally there is no good drop-off area. The Ford Park lot entrance is awkward and hard to reach. The wayfinding to the lot is confusing and large event vehicles cannot make the turn into the main lot, so they drive over a curb to enter the lot. The lot is fairly far from the parking office which is not ideal when issues arise. Having this lot well utilized also comes with the need for reliable equipment and communication with guests. Aspirations Ford Park does need more parking, but it is important to change some parking behavior to lessen the parking need first. A goal of the Town is to reduce parking needs by encouraging the use of public transportation or other alternative means such as biking, walking or ride share opportunities. Creating more parking at Ford Park would be beneficial in the summer and winter to help control demand but creating more public transportation and ride shares are also an important step. Pricing can be used to change some behavior. During events the Ford Park lot could be more expensive, the Vail Village structure less expensive, and even cheaper in Lionshead to spread the demand and encourage bus ridership. However, the locals who work in the village core depend on an affordable parking area like this one. As an economic driver, it is important for us to support them. “There are a lot of entities involved in and needing the parking during the summer. We have had days where two events have taken place at Ford and we do not have the capacity for it. The ability to communicate with all these entities and manage this lot fairly is tough.” - Parking Department 208 76 2023 FORD PARK MASTER PLAN TOWN OF VAIL ECONOMIC DEVELOPMENT In 2007, an economic development department was added to the town’s staff to lead marketing and research activities in Vail, with the goal of attracting business and supporting a year-round economy. The department includes Vail’s destination marketing organization comprised of Discover Vail marketing, group sales, special events, welcome centers, and supports the greater business community within the town of Vail. Stakeholder Perspective Vail’s vibrant economy requires constant attention and committed action to respond to market forces and optimize economic opportunity. Economic development research and corresponding initiatives are critical to sustaining a vibrant, diverse economy in Vail. The many athletic tournaments that are hosted in Ford Park by VRD are a tremendous economic driver, as is the Ford Amphitheater, Betty Ford Alpine Gardens, the Vail Nature Center and the Park itself. Outside of the Ford Park specific programming, the economic development team has used the Park as a venue for special events when other options are less desirable. Ford Park should ideally continue to be considered as an option to host events as appropriate or when the size of the audience desired exceeds all other available options in Vail. Challenges The layout of Ford Park is currently not ideal for all events due to the location of curbs, sidewalks and fencing, driveways and gate access for large vehicles. Events at Ford Park, the lower bench, or in the parking lot could be operated more efficiently if the design of the Park were more intentional in providing access for special events. Aspirations Some elements of the initial design of the Park make it difficult for events to utilize the athletic fields. Vehicle access to the fields is limited and challenging. This has most negatively impacted the athletic events that the field was designed for, athletic events that bring tremendous economic value to the town. When larger events like the Lacrosse Tournament and Shootout are using the field, the rental companies, A/V companies, vendors, etc. must work extra hard to access the field and are limited in what they can do. Planning to be inclusive of these considerations for athletic tournaments and special events will result in a more 209 77 TOWN OF VAIL accessible space for both the current users and open future opportunity for appropriate events, activities, etc. to use the facility to its maximum potential. The Economic Development Department intends to continue to host events in Ford Park that are best suited to the site. “Ford Park is a public amenity of the town that offers a variety of experiences that cross cultural, socio economic, interest, demographic and other lines. It’s a park with offerings for everyone. It should continue to be an asset for our entire community, both our 5,000 residents and our 2.5 million visitors.” - Economic Development King of the Mountain volleyball event hosted by VRD in Ford Park 210 78 2023 FORD PARK MASTER PLAN EAGLE RIVER WATER AND SANITATION DISTRICT The Eagle River Water & Sanitation District (ERWSD) is a local government that provides efficient, reliable water and wastewater service to its customers from east Vail to Wolcott. The District conducts its operations in an environmentally sound manner, ensuring regulatory requirements are met while also forging strong partnerships within the recreation and tourism-based community. The ERWSD has a decree for a well in Ford Park from the mid-1960s that was not included in the 2013 plan due to a conflict about easements in the Park. The district wants to make sure the well is included in this update. ERWSD does not need to define the easement right now, but they want the well decree to be included in the plan. Stakeholder Perspective The District believes that the well can be a learning opportunity for Vail and a sustainability measure for the region. The well has implications for the resilience of the whole water system in the valley. ERWSD has to maintain a minimum required stream flow in the creeks and having more wells in the system means that the District can regulate the flow more effectively. The well could be an opportunity to leverage partnerships with BFAG and the TOV to provide concrete examples of what can be done in the face of climate change. Challenges The biggest challenge is the disruption to public space in the Park while the well is under construction. The resulting structures related to the well will also have a visual impact on the Park. Aspirations ERWSD believes that the well and well house will not be too disruptive and that the design can be inconspicuous. The wellhead is a pipe sticking up a few feet above the ground and can be concealed with screening or artificial boulders. There will be underground raw water piping between the well and wellhead, though there can be some distance between these two elements. The well water will not have to be treated (just chlorinated) so a large facility is not needed, just a place for the chlorination to occur. The building could be 25 feet by 15 feet and could be combined with other uses. Construction might take a year – with the majority happening in the summer. 211 79 TOWN OF VAIL 212 80 2023 FORD PARK MASTER PLAN PHYSICAL CHANGES IDENTIFIED THROUGH STAKEHOLDER ENGAGEMENT AMPHITHEATER RENOVATIONS NEW MAINTENANCE FACILITY AT VVD LOT EXPANSION OF EXISTING MAINTENANCE FACILITY TENNIS CENTER BUILDING / OFFICES NATURE CENTER OVERHAUL CONCESSION IMPROVEMENTS/FACILITY PARKING UPGRADES GORE CREEK ACCESS ENHANCEMENTS CENTRAL ENTRY / WELCOME / INFO CENTER PLAYGROUND SAFETY AND UPGRADES THE WELL PICNIC SHELTER ARTIST STUDIO GARDENS EXPANSION 213 81 TOWN OF VAIL TAKEAWAYS FROM STAKEHOLDER ENGAGEMENT The stakeholder engagement process demonstrates that Ford Park is nuanced and complicated. Each stakeholder is navigating different challenges and goals, but there are some shared themes. • Stakeholders would appreciate dedicated financial and operational support from the Town of Vail. • There are significant pedestrian / vehicular conflicts in Ford Park. Private vehicles drive into the Park on a regular basis but should not be there. • There is inadequate compliance with ADA standards throughout Ford Park. • Some visitors have a hard time navigating Ford Park. • More space is needed for effective and efficient maintenance operations and equipment storage. • The parking lot entry gate is poorly positioned, causing safety concerns, and parking is difficult on busy days. • There is a desire for more office space for all organizations. • There is a need for additional restrooms. • Concert logistics are challenging for many reasons, but especially along East Betty Ford Way. • Long-term stability of the partner organizations should not be taken for granted. • Gore Creek needs to be protected, but also accessible. Feedback from stakeholders and discussion with the project team resulted in a framework of understanding for Ford Park: • Ford Park is not broken, but it could be better. • Ford Park is a highly-prized and curated commodity. Almost every part of the Park is cherished, claimed, protected, or coveted by multiple parties. • Free and unprogrammed space is important and should be protected. Don’t overbuild. • Any single recommendation or change has ripple effects across stakeholders and park operations, and needs to be considered from all angles. • There is a need for more communication and coordination between stakeholders when it comes to operations and maintenance. Some responsibilities are unclear or duplicative. • Ford Park needs a unifying mission and oversight. 214 82 2023 FORD PARK MASTER PLAN WHERE ARE YOU FROM? Vail Eagle County Guest WHO ARE YOU? An Individual/ Couple A Family A Group ENGAGEVAIL SURVEY RESULTS WHAT DO YOU DO IN FORD PARK? Hang out/Picnic Play tennisAttend an event at the Amp Nu m b e r o f R e s p o n s e s Play softballTake kids to the playgroundVisit the Alpine Gardens Youth sports/practicesSport tournaments (lacrosse, volleyball, soccer, etc.) Take a walk Play rugbyPlay or fish in Gore Creek Play volleyballPark, and go elsewhere RATE THE FOLLOWING FORD PARK AMENITIES: Walkways within the Park Ease of parking Entering the Park areas Access to bus stop Entering the parking areas Ease of drop off Wayfinding maps within the Park Frequency of bus service 0%20%40%60%80%100% 215 83 TOWN OF VAIL Replacement of the original Picnic Shelter on the lower bench to increase capacity and usability. Construction of a building to house an Artist in Residence facility. Playground upgrades to improve safety and play experience. Improved access and restrooms at the Vail Nature Center. Improved buildings and exhibits at the Vail Nature Center. DO YOU SUPPORT THE FOLLOWING CHANGES RELATED TO THE TOWN OF VAIL? 0%20%40%60%80%100% DO YOU SUPPORT THE FOLLOWING CHANGES RELATED TO THE VAIL VALLEY FOUNDATION AND THE GERALD R. FORD AMPHITHEATER? Expansion of existing buildings to increase usable space for offices, performer facilities, restrooms, storage, and enhanced concessions. 0%20%40%60%80%100% 216 84 2023 FORD PARK MASTER PLAN Construction of a Maintenance Facility at South Ford Park Tennis Center/ Admin Office Improvements Enhanced maintenance and “tournament load-in” access to sports fields DO YOU SUPPORT THE FOLLOWING CHANGES RELATED TO THE VAIL RECREATION DISTRICT? 0%20%40%60%80%100% DO YOU SUPPORT THE FOLLOWING CHANGES RELATED TO THE BETTY FORD ALPINE GARDENS? Expansion of gardens into under-utilized and low-maintenance areas of the Park to further the mission of the Gardens and enhance the aesthetics of the Park. Construction of a tree house structure near the Children’s Garden/School House area. Expansion of the West Maintenance Building for horticultural staff Addition of a “Grand Entry” with a Visitor Center 1,500 square feet for additional office and classroom space 0%20%40%60%80%100% 217 85 TOWN OF VAIL KEY TAKEAWAYS FROM THE ENGAGE VAIL PROCESS The public engagement process demonstrates the need to examine Ford Park through the lens of a visitor as well as a stakeholder, because visitors have a different experience in the Park. Though some people are challenged by issues around parking and circulation, most people have a positive experience with circulation within and to the Park. Most visitors have a positive experience at Ford Park overall. Most of the time people walk or drive to the Park. Biking or getting dropped off at the Park is less common. The top reasons people visit the Park are to attend an event at the GRFA, visit the Alpine Gardens, take a walk and hang out/picnic. Many people are supportive of changes that increase accessibility, access to open space, and programming for youth and families. Fewer people are supportive of changes that lead to more buildings in the Park. Proposals related to new buildings should be vetted further with the public. Most respondents are neutral about changes that relate to maintenance and operations. The responses received through the EngageVail platform mostly capture visitors that are local and know Ford Park quite well. The public survey generally did not account for one-time visitors to the Park or Vail. However, even though these types of visitors were not in the survey, stakeholders were able to reflect and report on the experience of infrequent visitors, providing helpful insight that differs from folks who are familiar with the Park. 218 86 2023 FORD PARK MASTER PLAN 4UNDERSTANDING 219 87 TOWN OF VAIL 4UNDERSTANDING 220 88 2023 FORD PARK MASTER PLAN FRAMING THE SITUATION WHAT’S WORKING WELL? Ford Park is a gem. At nearly 50 acres, surrounded by the splendor of the Vail Valley, with cold trout waters flowing through its core and cultural institutions that care deeply for it, the Park has a lot of good things going for it, is well cared for, and contributes significantly to the Vail experience. The Park is well-maintained — in some cases perhaps overly manicured — but the bar is set high and the expectations by the visiting public are met and exceeded to the point they are taken for granted. The amenities available within this space are on par with those of destination parks in large cities. An event venue that hosts world- renowned musicians and a public garden with a highly-specialized collection, nest within immaculate sports fields and tennis courts. In addition, more traditional park elements like common open space, nature trails, and a playground, which are themselves elevated by the adjacent amenities and surrounding views of jagged mountain peaks. The restrooms are clean and litter is absent. On most days, the Park absorbs the ebb and flow of visitation without issue. Tennis, fishing, frisbee, strolling, and sound checks may all be happening in unison. Most visitors are here for a reason, while others are just passing through. Some are tourists, but many are locals. WHERE’S THE PRESSURE COMING FROM? Undeniably, the most pressing concern for Ford Park is one of capacity. Striking the right balance of amenity and respite has always been a challenge for the Park. Public opinion pushes against proposals for additional buildings in the Park, but operational realities may necessitate the sensitive expansion, renovation, or addition of facilities to maintain expectations. The partner organizations are all striving to do more for their constituents, or be more efficient, or advance their missions. Additionally, the Park has in the past been seen as a catchall for various events and installations that drive town revenue and cater to new audiences. But there is a limit. The quality of the visitor experience in Ford Park persists at such a high level that any inconvenience or blemish, such as a brown patch of grass or locked bathroom, is magnified and irksome. Pressure is on the Town’s maintenance team to keep the Park looking top-notch, while managing all the other community parks, flower beds, medians, and planters. 221 89 TOWN OF VAIL Pressure is on the VRD to maintain turf grass to golf course standards, while supporting national sports tournaments amidst a short growing season. Water use required to keep the fields in good shape will remain a potential question in the coming years. Pressure is on the VVF to deliver a wider variety and heightened production value of concerts, all within the confines of the longstanding difficult logistical dance required to host the New York Philharmonic one night, and Trombone Shorty the next. Pressure is on BFAG to maintain, if not expand, their relevance as a key player in the world of high-altitude horticulture. They strive to recruit and retain talented staff to maintain the collection, and persist as a free garden thanks in most part to a healthy donor base. Increasingly volatile climate patterns may lead to tough decisions around water consumption in the Park, use of and access to Gore Creek, and unpredictable growing seasons. Another pressure comes from visitation, which has been steadily increasing for years in summer months. Ford Park is pushed to the limit on certain tournament days or big concert evenings. As well, visitation is spreading out into shoulder seasons, with more programs landing in May and June, and October and November. Winter programming and parking has also increased. These put extra burden on the Park, as it needs the off-season to recover. Lastly, competition puts pressure on Ford Park. Vail’s is a tourism-dependent economy, and the competition for visitors is unrelenting. Aspen and the Roaring Fork Valley, and Breckenridge and Summit County, draw from similar pools of outdoor enthusiasts, and these towns push each other to deliver experiences in the mountains that are second-to-none. Ford Park plays a vital role in the Vail experience, and thus contributes to its competitive status. The Park may yet need to evaluate its strategic position in this regard. 222 90 2023 FORD PARK MASTER PLAN STEWARDSHIP & MAINTENANCE Ford Park is many things to many people, but it is often only that one thing to them. Tennis and softball players go to Ford Park for their community leagues. Soccer, lacrosse, and volleyball players know Ford Park as a national tournament venue. Patrons of the arts go to Ford Amphitheater, while horticulturalists stroll the Alpine Gardens. Oftentimes visitors to Ford Park refer to their destination as if its the reason the whole park exists. The Park in turn has many names — all associated with one facility or program that a particular user holds dear. While it is good to have this diverse user base, and to have the ability to offer such a wide array of experiences, the singular vision of the Park is detrimental to its overall mission. The pieces of the whole are strong, but the Park feels disjointed; the amenities are world-class, but the perceptions are limited. This is reinforced by the operational silos of the stakeholder organizations upon which Ford Park is dependent. Leaseholder physical boundaries — lease lines — still have areas of overlap, intrusion, duplication, and confusion. Partner organizations operate with different financial backing and structures, but revenue for the Town of Vail and the overall guest experience is driven by the whole park. For some stakeholders, their funding streams and operational agreements are extremely short term, and each organization is dependent on substantial philanthropic support (VRD is an exception, and is funded by taxpayers.) Over its history, proposed and implemented changes to Ford Park have been piecemeal, with limited considerations for parkwide implications. Today, scheduling, communication, and coordination of events, deliveries, and maintenance among the Park partners is lacking. Concertgoers arrive for an evening performance during Bravo! Vail. 223 91 TOWN OF VAIL It’s hard for the Town crews to perform their maintenance responsibilities without the impression they are impeding on visitors’ enjoyment of park. There are challenges associated with Ford Park being treated just like any other community park in town, when in reality it operates on a very different level, draws a much bigger crowd, and has demands above and beyond the current team’s resources and expertise. The idea of creating a dedicated crew for Ford Park has been floated and explored as a means of alleviating some of these headaches, but dedicated space would have be created for staff and equipment and material storage — and space is scarce. The project team considered these factors and more, along with on the ground research, in its exploration of alternative operational strategies. VISITOR EXPERIENCE It cannot be understated that this is an extremely nice park, but the level of service and expectation by Vail’s community and guests is very high. Ford Park is under more pressure than other town parks because it contributes more directly to the Vail brand, and is seen as an extension of Vail Village. Along with needing clearer navigation, park-goers want more restrooms, and have expressed a desire for more concessions, an idea also floated by stakeholders. Currently, food service only exists in conjunction with a sporting event on the Upper Bench, and the logistics of operating a full-time shop are daunting. The reality is that a visit to Ford Park is likely to involve a run-in with a vehicle at some point. An unfortunately steady stream of maintenance, delivery, event, and private vehicles make their way along Betty Ford Way throughout a typical day. Large trucks also cause damage to adjacent landscape and curbs, including the mountable curb they must navigate to enter the Park from the Frontage Rd. But at the same time, the difficulties for trucks and deliveries also provides a check on large events, which in the past have caused damage and consumed what little unprogrammed space remains in the Park. Anyone in a wheelchair or pushing a stroller, especially visitors who are not used to the altitude, will have a difficult time moving between the Upper and Lower Bench. The organizations within the Park strive to accommodate these visitors to the best of their abilities, with golf cart shuttles offered when needed and preferential parking treatment for donors during events. Arrival to Ford Park is different from all sides. Some visitors follow the Streamwalk along Gore Creek, others park in the parking lot or get dropped off by a town bus, and still others cross the bridges on the west and south sides of the Park. Currently, no single entrance stands out as the primary gateway, but potential exists to reinforce the relationship with Vail Village, letting the parking lot arrival remain secondary and prioritizing pedestrian and transit connections that deliver visitors to the heart of the Park more quickly. THE ATHLETIC FIELDS The fields are big. They dominate the Upper Bench along with the tennis courts. They are incredibly valuable to Vail, not only in terms of the real estate they take up, but also in the longstanding revenues they produce from destination sports tournaments. The Vail Lacrosse Shootout has been happening in Ford Park since 1979, and is perhaps the oldest recurring event the Park has hosted. King of the Mountain Volleyball has existed in 224 92 2023 FORD PARK MASTER PLAN Vail since 1972, and now takes over the fields with volleyball nets every June. The Kick It 3x3 Soccer National Championships are also held in Ford Park and around the Vail Valley. Each of these tournaments bring thousands of guests to Vail in the summer, boosting visitation and contributing to the economy outside of ski season. The fields also occupy a special place for locals. Summer softball leagues have gone on since the early days when Public Works employees carted the required fill material up from Eagle-Vail excavations for I-70. These traditions are an important part of Ford Park’s history, and the athletic fields are an asset to Ford Park that should be cared for and protected. The VRD maintenance team is skilled at their work, as they keep the fields in good condition, despite the short growing season and intense use. BETTY FORD ALPINE GARDENS BFAG is free to all visitors, and open year- round. They have operated in Ford Park with a small staff and many volunteers since 1985. Today, they are a world-renowned facility among the horticultural set, and their reach extends to a global network of plant preservationists and scholars. To many An early photo from the Vail Lacrosse Shootout (vaillacrosse.com), and plants in the Alpine Gardens. visitors, they are simply “the gardens,” and they are nestled in the core of Ford Park without much fanfare. This is a good thing — there is no admission gate, no fence (except by the GRFA), and the landscape feels like it belongs among the surrounding mountain environment. With a focus on a curated and identifiable plant collection, the mission is broader, designed to educate visitors about alpine ecosystems and the sensitive qualities and special contributions these landscapes provide. Ford Park makes an excellent canvas for this ongoing work. GERALD R. FORD AMPHITHEATER For many visitors to Vail, no summer would be complete without catching a show during the Bravo! Vail season, the multi-week residencies for the Academy of St. Martin in the Fields, the Dallas Symphony Orchestra, the Philadelphia Orchestra, and the New York Philharmonic. These performances, alongside concerts from all other musical genres are a cornerstone cultural experience of Ford Park. Since the Amphitheater was constructed in 1987, taking advantage of the sloping terrain from the highway down to Gore Creek, the venue has become a massive driver for summer visitation to Vail. It’s continued 225 93 TOWN OF VAIL SOUTH FORD PARK & THE NATURE CENTER South of Gore Creek is an expansive part of Ford Park that is often overlooked by visitors, but has some of its most inspiring spaces and views. The Nature Center is an educational venue, catering to school and camp field trips and naturalists. Its trails and meadow are peaceful and provide a contrast with the busy park across the creek, but the facility is in dire need of upgrades. The soccer field itself has perhaps one of the best views of the Gore Range in the whole valley, and is an iconic place for any activity. Thankfully, this field has been able to accommodate special events with a lighter touch, such as the Vail Wine Classic. This flexibility should be encouraged for this part of the Park. Tying this portion of the property into the larger park will offer increased capacities and expanded experiences for guests. The connection to Vail Village can be reinforced with an extension of the Gore Valley Trail sidewalk that currently ends before South Ford Park, and by creating an accessible path from the Nature Center Bridge. The grounds and buildings of the Nature Center are a hidden gem on the south bank of Gore Creek. success is dependent upon operational efficiencies, performer comfort and ease, and top-notch guest amenities, all driven significantly by a vast donor base. THE COMMONS Aside from the primary draws of sports, gardens, and concerts, Ford Park’s common areas are fundamental to the enjoyment of visitors. This includes the playground, lawn, and the banks of Gore Creek, where people swim and fish and play. These spaces complement the other uses and represent the community heart of Ford Park. For many visitors the lawn is a moment of release from the crowded built up Vail Village. While they see less intense use, challenges still exist for these spaces, including necessary playground safety upgrades, turf management, and ADA access. It’s important to reinforce that these spaces are for everyone, and meant to be used however park-goers choose. Private or ticketed events should be discouraged, as these limit open space and can be detrimental to the grounds. 226 94 2023 FORD PARK MASTER PLAN FORD PARK IS An international tourism destination. A community gathering space. A vibrant venue for arts & culture. An open space for active recreation. An extension of Vail Village. An escape for quiet and solitude. A place of respite for all ages. A significant part of the Vail experience. 227 95 TOWN OF VAIL FORD PARK IS NOT A potential housing site. The answer to Vail’s parking challenges. A venue for private events. A catchall for civic uses in need of space. A location for non-park structures. Dominated by one single use. Broken. 228 96 2023 FORD PARK MASTER PLAN 5THE PLAN 229 97 TOWN OF VAIL 5THE PLAN 230 98 2023 FORD PARK MASTER PLAN Preliminary work was done by the Vail Public Works Department to identify a list of items for consideration in the master plan update. This list was compiled as a starting point and was intended to ensure that programmatic and functional challenges already in discussion would be addressed by the project team. First, there were a number of ongoing proposed physical changes to the Park (in various states of approval) that this plan evaluated and responded to. As well, there were specific questions put forth by the Town for investigation during this planning process. Finally, the project team was tasked with confirming (or disproving) the anecdotal hurdles, obstacles, and guideposts that shape Ford Park. Moving forward through the existing conditions analysis and community engagement process, the project team gained a deeper understanding of Ford Park’s physical and functional needs, and investigated potential design solutions and operational strategies. These ideas were then vetted with the stakeholders, town staff, civic leaders, and the community at large, to consider changes to the Park and the extent to which potential changes might have unforeseen impacts. By distilling and synthesizing these layers of input alongside the existing strengths of previous master planning efforts, the plan strikes a balance between reaffirming what is working well and reimagining what could be done better. These recommendations are specifically aimed at addressing the OVERVIEW documented challenges listed in the previous section, and represent the culmination of efforts by the project team and stakeholder organizations to create a new baseline for Ford Park’s aspirations in the next ten years. As a framework, the plan begins with a Mission Statement which captures the essence of Ford Park. The Goals build specific language around the Mission, and the Guiding Operational Principles describe how the Mission and Goals are implemented and upheld by park managers and stakeholders. Finally, the Capital Improvement Studies provide a succinct list of actions. These guide authorizations for further study and budget allocations for the coming decade, putting into action the physical changes that ensure Ford Park’s legacy is protected. 231 99 TOWN OF VAIL CONCURRENT PLANS AND PROJECTS A number of ongoing initiatives by the Town of Vail have overlapping relationships with the Ford Park Master Plan. These include: Vail’s Stewardship Roadmap This plan recognizes Vail’s Stewardship Roadmap, which was completed during the master plan process. Three key aspects of the Vision that pertain to Ford Park include: Enhance Vail’s “World Class Experience”, Invigorate Vail’s Spirit, and Energize Vail’s Brand. GoVAIL 2045 Mobility & Transportation Master Plan Transportation options for visitors to Ford Park are critical, especially during events. This master plan defers to the transportation plan to make final recommendations regarding parking and other mobility strategies for Ford Park. Civic Area Plan This ongoing plan is important to the Ford Park Master Plan, because it represents a potential release valve for the organizations operating in Ford Park to locate additional offices for staff that don’t need to be in the Park on a day-to-day basis. Town of Vail Environmental Sustainability Strategic Plan, 2020 Climate Action Plan for Eagle County Communities Update and, Town of Vail Electric Vehicle Readiness Plan New buildings and renovation projects within the Park should follow the town’s currently adopted environmental policies. 232 100 2023 FORD PARK MASTER PLAN FORD PARK MISSION The mission of Ford Park is to provide cultural, recreational, educational, ecological, and social opportunities in the heart of Vail, and to cater to both visitors and residents, with world-class facilities and programming, while protecting sensitive natural features and embracing the wider landscape of the Vail Valley. 233 101 TOWN OF VAIL FORD PARK 234 102 2023 FORD PARK MASTER PLAN FORD PARK GOALS The goals of Ford Park build upon those found in previous master planning efforts, while revising them for relevancy and contemporary contexts, and adding new language to reflect the outcomes of this current planning process. These are the thematic drivers behind what makes Ford Park so special, and they should be referenced in regard to future park challenges or proposed changes. The goals reflect the highest values of the Park and are meant to offer guidance for operators that is both fundamental and aspirational. The Park is tasked with serving a diverse user group and providing a wide array of program choice. Ensuring the Park can continue to be all these things, without one use dominating the others, is important. Balancing these needs is critical to the Park’s ongoing success as a community asset, regional resource, and visitor destination. 1. 2. Ensure that any new use or building within the Park does not adversely affect the character and quality of the Park or the overall experience of park users. Over its history, Ford Park has seen many new facilities that contribute to the rich programming and enjoyment of the Park. It is understood that in order to maintain (or exceed) expectations for visitor experiences and operate an efficient and effective park maintenance strategy, new structures may be considered in the future. Each of these facilities offers new benefits to visitors, but each creates additional “built-out” square footage where there is already very limited space. Additional buildings need to be carefully considered for impacts on park adjacencies, natural resources, and existing character. The essential intent is that Ford Park remain a park with park-like qualities, as a complement to Vail Village and Vail Mountain. This plan provides structure and guidance on how to evaluate proposals for new uses or buildings in the Park. Continue to strengthen relationships between all venues and all uses within Ford Park. This plan captures a moment in Ford Park’s history where open dialogue, strong leadership, and positive relationships have fostered a renewed sense of collaborative park-wide spirit. The plan further empowers the partner operating organizations and recognizes their value as integral to the Ford Park experience. Increasing communication and coordination among the Town and stakeholders is paramount. 235 103 TOWN OF VAIL Protect the riparian landscape of the Gore Creek corridor. Gore Creek and its banks are a key area of respite and solitude within Ford Park. The Creek’s waters offer a place to cool off, go fishing, view wildlife, and play. The corridor also plays a vital role to the environment by providing native habitat, and cooling the water as it flows through the shaded riparian zone. It also ties Ford Park into the much larger surrounding landscape of the Vail Valley. 3.Provide a safe, enjoyable, accessible, legible, and intuitive pedestrian circulation system within Ford Park and between Ford Park and Vail Village. Ford Park can be confusing and intimidating to some visitors. This is compounded by significant grade changes, length of pathways, and Vail’s elevation at 8150 feet. A more successful pedestrian circulation system will help guide visitors from all park entrances and transit connections to their desired destination. It will also help people trying to find their way to Ford Park from Vail Village or the parking structure. The same features that intimidate lost visitors are also challenges to those with impaired mobilities and families with strollers. Currently, there are no ADA-compliant routes in the Park. If these become clear, they will ameliorate parking pressures on Ford Park, as more visitors are comfortable walking to the Park or taking transit. Lastly, while vehicles are needed in the Park for some uses, including events and maintenance, the intrusion of unnecessary vehicles in the Park should be limited to the greatest extent possible. 4. 236 104 2023 FORD PARK MASTER PLAN GUIDING OPERATIONAL PRINCIPLES The Guiding Operational Principles describe how the Mission and Goals are implemented and upheld by Town Council, PEC, park managers, and stakeholders. These statements inform decision-making and priorities around Ford Park. They are understood as the official guidance for the operation of Ford Park and they include action statements regarding the Park’s overall function, and clarify repsonsibilites of the various entities that share this public space. Perhaps most importantly, the Ford Park Oversight Committee is established through these principles to provide structure and guidance for the implementation and continued function of the principles. 237 105 TOWN OF VAIL The primary role of the committee is to: 1. Employ the Guiding Operational Principles to help stakeholders develop and evaluate proposals for physical and/ or operational changes within Ford Park. 2. Coordinate the management of maintenance responsibilities between the stakeholders and the Town. 3. Facilitate a scheduling system that will aid all the stakeholders and Town staff involved in the Park in knowing when programs are happening and when overlapping scheduling may create conflicts within the Park. A. FORD PARK OVERSIGHT COMMITTEE The Ford Park Oversight Committee is established to manage the interests of Ford Park as a whole. The Committee will be a mechanism to encourage more shared knowledge and coordination among the stakeholders of Ford Park, and to advise the PEC, Town Council, and Town Manager on issues relating to the development, maintenance, and operation of Ford Park. The committee is established by the Town of Vail and led by the Deputy Town Manager, who will act as liaison between staff, stakeholders, and Town Council. The committee will be composed of representatives of Ford Park’s partner organization and Town staff. Deputy Town Manager Environmental Stewardship Department Public Works Department Art in Public Places Ford Amphitheater Manager Director Plant Curator Program/Tournament Manager Maintenance Manager Director MEMBERS 4. Engage as a key partner and provide critical insights during the Capital Improvement Studies to follow the master plan and offer guidance regarding the prioritization of those studies. 238 106 2023 FORD PARK MASTER PLAN 1. Limit additional buildings to just what is necessary to meet the environmental, recreational, educational, and cultural needs of park and community. 2. Proposals for new (or changes to existing) facilities or uses that would displace existing public uses will not be permitted unless there is either a compelling public interest or adequate alternative facilities can be provided. 3. Proposals for any new facility or use or the expansion of any existing facility or use in the Lower Bench should not generate an unnecessary or appreciable increase in vehicular activity in the Lower Bench area of the Park. 4. New developments or other improvements in the Park should not diminish the quality of the pedestrian circulation system, and when appropriate, should include provisions to improve pedestrian circulation.  5. As an alternative to new buildings, encourage shared or joint-use buildings and/or facilities among park leaseholders. 6. Decisions regarding proposals for new buildings or improvements are to be made in the best interest of the Park and the Vail community, not just in the interest of the stakeholder. 7. The adequacy of berms and landscape buffers between different facilities and uses should be considered. Proposed changes should consider noise levels and view corridors within the Park and its adjacencies. 8. New improvements within the Park and the ongoing management of the Park should be done using environmentally sensitive practices, materials, and overall design so as to make the smallest impact possible on the Park’s landscape. 9. Changes within the Gore Creek zone should be considered carefully for environmental impacts more than other areas of the Park. 10. New buildings and renovation projects within the Park should follow the town’s currently adopted environmental policies. (Including: Town of Vail Environmental Sustainability Strategic Plan, 2020 Climate Action Plan for Eagle County Communities Update, and Town of Vail’s Electric Vehicle Readiness Plan.) 11. Visual impact to existing park character should be mitigated whenever possible. B. FUTURE CHANGES Any proposal for physical or operational changes in Ford Park should be evaluated for its impact through the lens of the following criteria, as well as the Mission, Goals, and Guiding Operational Principles of this master plan. As adopted, this Plan creates the Ford Park Oversight Committee, which acts in the best interest of the Park, providing initial evaluation of any proposed changes, and making recommendations to Town Council. Existing Town of Vail ordinances and procedures regarding public open space provide additional guidance. 239 107 TOWN OF VAIL 1. The Park stakeholders, with the support of the Town, will maintain and enhance existing and future programming that relates to the arts, culture, and the environment. 2. The primary use of the Lower Bench lawn within the Commons should be to provide a place for unprogrammed and informal passive recreation. Public or private events on the Lower Bench lawn should be prohibited unless otherwise determined by Town Council or the Ford Park Oversight Committee. C. PROGRAMMING Ford Park offers a diverse set of programs and activities for parkgoers, and this should continue, without any one use impinging on the others or taking over the whole park, per longstanding previous master plan guidelines. New programs should also be vetted through the process described in Guiding Principle B. Programming should continue to serve both local community members and visiting guests, and promoting cross-pollination with Vail Village experiences is encouraged. 3. Use the existing athletic fields first and foremost to meet the community’s needs for active recreation and formal team sport activities. 4. No one program, event, or type of use will be allowed to dominate the usage of the Park, and do not allow private events that take over the Commons. 5. The Ford Park Oversight Committee will oversee the programming capacity of the Park by preventing overlapping or simultaneous events that exceed the availability of community parking or other park infrastructure. 240 108 2023 FORD PARK MASTER PLAN D. STAKEHOLDER STEWARDSHIP AND VISIBILITY The partner organizations that operate within Ford Park are critical to providing a world-class park experience for visitors. This master plan recognizes and promotes these organizations, and creates The Ford Park Oversight Committee for increasing their coordination, streamlining their operations, raising their profile, and ensuring their park is protected in the future. Stakeholders no longer operate within silos. Instead this plan fosters a collaborative spirit, shared resources, and open dialogue. 1. Foster a spirit of cooperation between all leaseholders within the Park regarding their use of the Park and how to collectively use and manage the Park for the benefit of all.  2. Encourage the shared use of buildings and facilities and study the collective viability of shared concessions. 3. Encourage and support stakeholders in using environmentally sensitive practices for events. 4. Ford Park cannot accommodate all office space for growing organizations. Only positions directly responsible to daily operations and functions in the Park should be officed in the Park.* 5. Encourage leaseholders in Ford Park to utilize their marketing efforts to promote walking, biking and the use of Town buses as an alternative to driving to the Park.  6. The Ford Park Oversight Committee will oversee coordination of activities in the Park including managing a schedule of events between stakeholders, and the elimination of operational silos. 7. As a public park, functions that best serve the interests of the community will have the highest priority in the face of conflicting uses. In all cases, final decisions regarding the use of the Park should rest with the Town of Vail. 8. Evaluate need for lease agreement delineations and/or adjustments. 9. The Town should maintain a Ford Park landing page on its website, with maps and information about access and events. 10. Ford Park should be promoted for its diverse offerings and whole park experience. * The definition of “office” includes the space required for a desk, file cabinet and computer as well as space for ancillary functions such as printer/copier, restrooms, break room and storage space. 241 109 TOWN OF VAIL E. ENVIRONMENT The natural setting of Ford Park should be preserved and enhanced whenever possible. This is especially important for the Gore Creek riparian corridor. The park-like character should continue to be preserved through maintenance of the tree canopy, expansion of planted areas and reduction of turf grass, and the sensitive siting of paths, structures, and hardscape elements. 1. Utilize Ford Park as a showcase for environmental sensitivity and sustainability. Best practices should be used for maintenance needs and visitor use management whenever possible. 2. Provide open space areas within the Park for the passive enjoyment of nature and to reinforce the Park’s connection to the natural environment. 3. Maintain, protect and enhance the environmental character of natural open space areas. 4. Preserve view corridors to the Gore Range and Vail Mountain.  5. Preserve and protect Gore Creek and limit uses in its corridor. 6. Preserve and enhance the Nature Center grounds as an environmentally sensitive habitat and limit human impacts to the greatest extent possible. 7. The Gore Creek corridor carries an additional layer of protection regarding any proposed changes. Floodplains and 10’ bank offset guidance from Town Environmental Sustainability Department guide sensitive access improvements. 8. Should it be necessary (due to climate impacts, water availability, or product improvements), the transition to artificial turf on the Athletic Fields in the future is encouraged, provided runoff contaminants are properly mitigated. 242 110 2023 FORD PARK MASTER PLAN 1. Maintain all facilities and improvements in the Park at a high level of quality. 2. Vail Recreation District will manage and maintain turf grass throughout the Park. This effort is aimed at reducing the duplication of maintenance tasks. 3. Betty Ford Alpine Gardens will manage and maintain planted areas throughout the Park. This effort is aimed at reducing the duplication of maintenance tasks and creating a unified park experience. F. MAINTENANCE & LANDSCAPE MANAGEMENT Upkeep of the grounds and facilities in Ford Park should be reconfigured to reduce duplication of services, utilize on- site expertise, reduce costs across all organizations, limit intrusion of maintenance vehicles in the Park, and improve visitor experiences. Maintenance operations buildings should be evaluated for expansion or increased efficiencies. Ultimately, the Ford Park stakeholder organizations should effectively maintain the Park to a high standard, with Town responsibilities limited to specific contractual services such as janitorial needs. 4. The Ford Park Oversight Committee will work with VVF, VRD and BFAG leadership to set parameters and areas to consider for reassignment of maintenance responsibilities. 5. Create a financially equitable and responsible funding mechanism to share maintenance costs among park stakeholders, which considers value- added maintenance activities and accounts for added costs. 243 111 TOWN OF VAIL 1. Upgrade priority routes to provide ADA- compliant access throughout the Park.   2. Provide and maintain clear and effective directional and informational signs within Ford Park and between the Park and Vail Village. 3. Maintain the high quality of pedestrian circulation, infrastructure and experience within Ford Park, especially at its five primary access points and along the Streamwalk. 4. Coordinate delivery schedules to reduce the frequency of delivery and service vehicles into the Lower Bench during peak use time periods. 5. Continue operation of the In-Town bus route beyond Golden Peak to provide service along Vail Valley Dr. and reinforce the connections to this part of the Park. 6. Uses in the Lower Bench should operate in a manner that limits vehicular traffic to the greatest extent possible. Vehicular access to the Lower Bench of the Park G. CIRCULATION, VEHICLES & PARKING This plan calls for vehicular access within Ford Park to be limited to only what is absolutely necessary for the maintenance of events, and identifies ways to otherwise mitigate any vehicles from entering the Park beyond the parking lot or west maintenance facility. Pedestrian connections, including ADA- compliant routes of travel, both to and within the Park are prioritized for enhancement. Parking should be managed at its current capacity, with efficiencies identified through recommended capital improvements and further study alongside the Transportation Master Plan. should be limited to: maintenance; delivery of goods or materials too large or too heavy to be carried by non-motorized means; use of golf carts or similar means to provide access for people with limited mobility; and emergency services. 7. Eliminate all private vehicles, including contract-based shuttle service, from the Park. 8. There should be a “no-net loss” of the 194 parking spaces within the main parking lot and the 54 spaces at the South Ford Park lot. Any net loss of parking spaces should only be considered when off-set by a demonstrated improvement or enhancement of public transit use or alternate means of transportation to the Park.  9. Provide year-round parking for daily park use within the Ford Park lot and utilize the Vail Village parking structure to satisfy peak parking demands of the Park.  244 112 2023 FORD PARK MASTER PLAN CAPITAL IMPROVEMENT STUDIES: CIRCULATION & ACCESS The recommended studies in this section address challenges that affect the entire park. They are primarily meant to improve visitor experiences through circulation improvements and safety enhancements. These are the physical changes proposed to work alongside and put into action the Guiding Operational Principles of the previous section. Together these correlated enhancements offer a layered approach to addressing the challenges facing Ford Park. Some of the studies can be implemented quickly and easily, while others will require further planning and expertise. While some are necessary to the Park’s successful function and compliance, others should be evaluated through additional public and stakeholder vetting as they have nuanced implications for how the public enjoys Ford Park. Their prioritization and phasing is discussed in the following chapter. The Circulation and Access recommendations include the study of a new Amphitheater gate, access enhancements and protections for Gore Creek, vehicular controls, parking improvements, better wayfinding, and ADA compliance. These recommendations and their locations within the Park are shown in the diagram on the opposite page. 245 113 TOWN OF VAIL **Future Study Area Signage Location Priority ADA Route Traffic Control Gate Priority Restoration /Restricted Access Zone Creek Access Study Zone Nature Center Grounds NORTH GRFA ENTRY VEHICULAR WAYFINDING FROM WEST UPPER BENCH TO LOWER BENCH VEHICULAR WAYFINDING FROM EAST MANOR VAIL TO LOWER BENCH VAIL VALLEY DRIVE TO NATURE CENTER AND GRFA ENTRY ONLY GATE EXIT ONLY GATE ENTRY/EXIT GATE 246 114 2023 FORD PARK MASTER PLAN Signage in Ford Park is multi-layered and can be difficult to understand. New visitors trying to navigate their way to major park venues are often frustrated by inadequate or unclear directions. The large size of the Park and extensive grade changes cause additional stress. The iconography and directionality of some signs conflicts with park map signage and is generally illegible to laypersons. Anecdotal references from the stakeholder team mentioned numerous guest experiences that were hindered by an inability to find the Alpine Gardens. Visitors to the Amphitheater were observed by the project team trying to find the entrance amidst the garden paths. Restrooms seem to be constantly just out of reach. An overhaul of park signage and the addition of identifiable visual cues and landmarks would improve the public’s understanding of the Park in its entirety. Though, it will be important to limit the amount of signage to just what is necessary for an effective system and not overburden the Park with signage. This would promote a better understanding of the programs offered by the Park, encouraging visitors to venture to the Nature Center or use the volleyball courts. This is also important for vehicles on the Frontage Road trying to navigate the drop-off and transit area, as well as the parking lot entry/ exit and circulation. While members of the Vail community might have a good understanding of where they are going, Ford Park caters to an extensive guest population. This underscores the need for improving wayfinding to and through the Park. The array of signage currently found in Ford Park. RECOMMENDATION: UNDERTAKE A PARKWIDE SIGNAGE AND WAYFINDING STUDY AND BUILD A STRATEGY FOR IMPLEMENTATION 247 115 TOWN OF VAIL 248 116 2023 FORD PARK MASTER PLAN The main transit stop provides a critical link to Vail Village and Lionshead parking structures. On Vail Valley Drive, the extension of the In-Town route during events offers guests an alternative route to the Amphitheater. These connections should continue to offer transit options for parkgoers, and will become increasingly valuable as accessible routes to the Lower Bench are improved. This is important because this plan has determined that additional parking should not be considered in Ford Park. Alternatives have been explored in the past, but none would provide significant parking increases without correspondingly substantial costs and degradation of the Park’s longstanding qualities and character. It is recommended that additional bike racks, EV charging stations and parking spaces for e-bikes and electric vehicles be considered in the parking lot and at other key entry points. Within the ongoing town-wide Transportation Master Plan, Ford Park may be considered for additional parking along the south side of Frontage Rd. While this would require further study, it is perhaps the most cost-effective and least intrusive location for additional parking, should it be determined to be necessary. During concerts at the GRFA and summer sports tournaments, the existing parking at Ford Park reaches capacity, but on many days there is ample parking. Small efficiencies and improvements could be gained through further study of a few key areas. The South Ford Park parking lot should be re-evaluated alongside any renovation or replacement of the maintenance shed and restrooms. The plan also recommends that the Town work with VVF to reconfigure the Frontage Road parking lot to accommodate oversize vehicles that use the lot as a staging area, and reconsider how these vehicles enter Ford Park. Currently, there is a challenging mountable curb that causes much consternation among visiting performers who are trying to ensure the protection of their valuable equipment. By either alleviating this through removal of the curb and regrading, or directing trucks to enter the Park from a different location in the parking lot, a difficult hurdle for the VVF could be mitigated. The plan also recommends a study move forward to relocate the parking lot scanner and gate, and investigate the potential of a roundabout. The current location does not provide the necessary turning radius to line up with the scanner, causing drivers to re-align their vehicles multiple times and creating an unsafe condition when traffic backs up onto Frontage Rd. There are challenges that make the relocation difficult, including a desire to not lose parking spaces and the need to operate RECOMMENDATION: IMPLEMENT A STUDY TO IMPROVE PARKING & TRANSIT EFFICIENCIES AND ALIGN WITH GoVAIL 2045 MOBILITY AND TRANSPORTATION MASTER PLAN 249 117 TOWN OF VAIL The plan recommends the investigation of numerous challenges related to parking and transit. These topics are correlated with other parkwide improvements such as ADA access and vehicular circulation. within CDOT regulatory requirements, but a reconfiguration of this entry/exit is a priority, and may also tie into the Transportation Master Planning efforts. Currently, delivery and catering/event trucks enter the Park on a regular basis. This plan proposes the study of the expansion of the Vail Village delivery system to Ford Park. The current system has a centralized hub, with cold storage, for deliveries that can be distributed throughout the village by electric or walkable cargo carts. By extending this to serve Ford Park, much of the congestion from delivery trucks in the Park could be alleviated. Lastly, the plan recommends the evaluation of Special Event Transit operations to determine improvements to efficiency, access, and ridership. This service is critical to a functional Ford Park, and supporting enhancements that easily get visitors to the Park on busy days is paramount. 250 118 2023 FORD PARK MASTER PLAN The project team undertook a preliminary ADA-compliance study, which is included in the Appendix of this document. The results of the study show that there are currently no fully-compliant accessible routes to the Lower Bench facilities for Ford Park from the Frontage Rd or Vail Valley Dr. With this in mind, the plan recommends a study be undertaken for ADA-compliance upgrades and enhancements to priority paths of travel within the Park. These improvements will enable the removal of the ADA parking spaces by the Box Office, will assist with reducing the number of vehicles on Betty Ford Way, and will provide an accessible route to the Nature Center, which currently has none. These represent a minimum effort required for Ford Park to become compliant with federal guidelines, and further inventory and analysis should be conducted by a compliance professional, to ensure Ford Park (and the necessary connections to the Park, including by transit) is upholding a high level of service to its visitors. It should be noted that while these routes can be rebuilt to qualify as accessible, the Park still has long paths of travel between access points and program areas, an inherent challenge identified in the opening chapter of the plan. The overall perception of Ford Park’s accessibility may not change significantly due to these prevalent conditions. RECOMMENDATION: CONDUCT AN ADA COMPLIANCE STUDY AND IMPLEMENT ADA ROUTES THROUGH WALKWAY UPGRADES AND IMPROVEMENTS Priority accessibility enhancements would link existing ADA-compliant zones with preferred routes of travel. NORTH GRFA ENTRY UPPER BENCH TO LOWER BENCH MANOR VAIL TO LOWER BENCH VAIL VALLEY DRIVE TO NATURE CENTER AND GRFA Priority ADA Route 251 119 TOWN OF VAIL Many of the existing ramps to the Lower Bench are not currently ADA-compliant due to steep slopes, rough surface or lack of handrails. However, ideas such as an internal park shuttle system strive to provide alternative means of safe circulation, especially between the Upper Bench to the Lower Bench. This dedicated route could also have a linkage to the Village Parking Structure and Transit Center, and the plan recommends that a pilot project be initiated over one summer to gauge ridership, understand any necessary capital modifications, and generally work out the kinks. The proposed addition of a north gate for the Amphitheater that offers an accessible route alternative for concertgoers is another correlated recommendation, which in turn helps alleviate congestion on East Betty Ford Way after a performance. 252 120 2023 FORD PARK MASTER PLAN Currently, there is no barrier to vehicles entering the Park from the parking lot onto East Betty Ford Way. Signage is limited, and the path is wide enough to easily drive down. This causes confusion for the visiting public and encourages unnecessary vehicular intrusions into the Park. Many vehicles drive too fast along what is intended to be a pedestrian path. As a data point for reference, a traffic counter was placed on Betty Ford Way for a week in July, and recorded 237 vehicles using the path, more than some Town streets. The placement of a pedestrian-friendly secure gate (or operable bollards), similar to the one found on West Betty Ford Way at the Frontage Road, would inhibit these unauthorized vehicles from entering the Park, and clarify the intended pedestrian nature of Betty Ford Way. Designating Betty Ford Way as a one-way route (except for golf carts and Utility Task Vehicles or UTVs) could improve circulation patterns by limiting cross-traffic conflicts, but this does potentially increase traffic through the Commons. A second gate placed on West Betty Ford Way at the Streamwalk path/maintenance drive would be exit-only, with the existing third gate remaining in place at West Betty Ford Way and Frontage Rd. New technologies may be considered to ease the security and RECOMMENDATION: STUDY THE MANAGEMENT OF VEHICULAR ACCESS IN FORD PARK WITH A CONTROLLED AND SECURE ENTRANCE ON BETTY FORD WAY operational functionality. Importantly, this recommendation works in concert with the other mobility enhancements proposed in this section. Of course, necessary access will need to be provided to certain vehicles. There are six vehicle types that regularly enter the Park. Access should be granted to each type differently. The six types are maintenance ENTRY ONLY GATE EXIT ONLY GATE ENTRY/EXIT GATE *Traffic Control Gate 253 121 TOWN OF VAIL The existing intersection of Betty Ford Way and the Parking Lot doesn’t have any barriers to vehicular entry. The intent is to enable maintenance and event traffic, but the reality is Betty Ford Way has become a road. (landscape, janitorial, sweeping, plowing, UTVs), construction-related, commercial (GRFA and BFAG), ADA placard (personal), private (lost vehicles, employees, services), and golf cart shuttles. The traffic management table on the next page recommends how each of these types should be managed and controlled. Golf carts currently shuttle concert-goers (and performers) to and from the parking lot and the venue. This is extremely slow after a show, when Betty Ford Way is filled with pedestrians. Maintenance vehicles are expected, but likely to be minimized with the proposed maintenance coordination guidelines. Private vehicles may continue to use the ADA parking spaces by the Box Office in the near term — hopefully by visitors who qualify for accessible parking. 254 122 2023 FORD PARK MASTER PLAN TRAFFIC MANAGEMENT TABLE ORG CLASSIFICATION DESCRIPTION FREQUENCY MANAGEMENT RECOMMENDATIONS MAINTENANCE ACTIVITIES TOV Maintenance - Landscape Multiple trucks and trailers for park and flower crews 2-3X/week Reassign turf maintenance responsibilities to VRD and flower/shrub maintenance responsibilities to BFAG. TOV Maintenance - Janitorial Private passenger vehicles for contracted janitorial services to clean restrooms 2X/day None. Outside contractors will use their own vehicles. TOV Maintenance - Facilities Single trucks for minor repairs to TOV owned buildings and equipment Varies None. Usually unscheduled maintenance. BFAG Maintenance - Landscape Small electric utility vehicles (UTV, golf cart) Daily Limit number to no more than necessary to perform maintenance responsibilities. Limit speed to a maximum of 5 mph. GRFA Maintenance - Landscape/Facility To be determined with reassignment of maintenance responsibilities. DELIVERIES GRFA Service Deliveries Large Box trucks and vans Daily to Weekly Control gate access, limit speed to 5 mph, schedule before 10 am, one way on BF Way. GRFA Performance logistics Semi-truck, Tour Bus Daily to Weekly Enter through (improved) Frontage Road gate, control EBFW gate, provide traffic control assistance during busy times. BFAG Retail Giftshop deliveries Private Vehicle Daily Not allowed, transfer to UTV. BFAG Education Center deliveries Box truck Varies Commercial only control gate access, limit speed to 5 mph, schedule before 10 am, one way on BF Way. Private transfer to UTV. BFAG Garden materials/ supplies Varies Varies Enter through West BF Way gate, deliver to maintenance facility before 10 am or with traffic control assistance. VRD Maintenance materials Semi-ruck Varies Enter through West BF Way gate, deliver to maintenance facility before 10 am or with traffic control assistance. 255 123 TOWN OF VAIL Traffic Management Table, cont. ORG CLASSIFICATION DESCRIPTION FREQUENCY MANAGEMENT RECOMMENDATIONS MANAGEMENT GRFA Management staff Private vehicle Daily Not allowed. All staff should park in the parking lot and walk to their destination or arrange for shuttle vehicle pick up. GRFA Event attendee shuttle/ADA UTV Daily Limit speed to 5 mph, avoid pedestrian conflicts, consider alternate access to amphitheater to reduce load on BF Way. BFAG Management/ volunteer staff Private vehicle Daily All staff should park in the parking lot and walk to their destination or arrange for shuttle vehicle pick up. VRD Management staff Private vehicle/VRD vehicle Daily All staff should park in the parking lot and walk to their destination or arrange for shuttle vehicle pick up. ADA parking Placarded vehicles Private vehicle Daily Modify East BF Way gate to allow intercom/video communication with parking management who will make determination of access. All Lost of entitled drivers Private vehicle Daily Modify East BF Way gate to allow intercom/video communication with parking management who will make determination of access. CONSTRUCTION All Contractors Trucks, equipment and private vehicles Varies Utilize existing Right-of-Way permitting process to require submittal and review of construction staging, delivery and parking. Review and coordination by Oversight Committee. 256 124 2023 FORD PARK MASTER PLAN Efforts to manage Gore Creek access is an ongoing challenge, but with significant improvements in recent years. Success has been found in guiding visitors to specific locations, and enabling other degraded zones to recover to their natural condition. Much of the banks of Gore Creek in Ford Park are doing well, particularly east of the Nature Center Bridge where few visitors roam. However, Gore Creek is such a critical asset to Ford Park that this plan recommends the Town study the need for creating or improving several creek access points, closing inappropriate social access points, and conducting riparian vegetation restoration and bank stabilization as required. A particular zone of focus would be west of the Nature Center Bridge, including its northwest embankment, which is commonly used as an informal creek access point, causing erosion of the hillside and trampling of creekside vegetation. This coincides with a proposal to evaluate the Lower Bench commons picnic area and nature trail. Extending the riparian condition found in the Nature Center westward to the picnic area would serve to connect more visitors with Gore Creek’s native landscape and encourage connectivity with the Nature Center grounds. RECOMMENDATION: CONDUCT A STUDY TO MANAGE GORE CREEK AND PROVIDE PROTECTION, ENHANCEMENT, AND ACCESS 257 125 TOWN OF VAIL Gore Creek connects Ford Park to Vail Village, and is an iconic and integral component of the Park experience; it should continue to be protected. Priority Restoration / Restricted Access Zone Creek Access Study Zone Nature Center Grounds NATURE CENTER EXPANSION NATURE CENTER RESTORATION ZONE 258 126 2023 FORD PARK MASTER PLAN The project team worked with representatives from VVF to explore the preliminary desire for and viability of a new gated entry from the north side of the lawn. Currently a fence (with emergency egress gates) forms a secure barrier around the back of the lawn terraces. This new facility would provide a streamlined exit for audience members sitting on the lawn and alleviate pressure on the other two egress points by removing part of the departing crowd from Betty Ford Way and providing a direct linkage to the Transit Center. At this time, the location is a planted berm, with an informal cut-through path connecting the athletic fields with Betty Ford Way. A minimalist version of this recommendation is simply a new egress route for audience members sitting on the lawn. An expansion of that idea includes a secure entry point, and accommodates ADA users who can easily reach this point on the Upper Bench from the parking lot and transit stop. By slicing through the berm and installing an elevator alongside the existing East Restroom building, these guests could reach the amphitheater’s designated ADA seating zones. A more robust version creates additional restrooms, which could also service events on the athletic fields, and storage and ticketing space. In each option, the new gate would also become a helpful egress route, during severe storms or other emergencies. There are potentially crucial improvements to be made by the Vail Valley Foundation with their existing proposal for building renovations. The plan recommends that as that proposal is evaluated by Town Council through the mechanism of the Ford Park Master Plan Goals and Guiding Principles, this additional component be considered with VVF endorsement. Investigating the proposed location for a new entry / exit point for the Amphitheater. Future Study Area Priority ADA Route RECOMMENDATION: STUDY THE ADDITION OF A NORTH ENTRY/EXIT TO THE GRFA TO PROVIDE A STREAMLINED EXIT FOR AUDIENCE MEMBERS, AND TO ALLEVIATE PRESSURE ON EXISTING EGRESS POINTS 259 127 TOWN OF VAIL The existing condition of the study area is seen in these three images 260 128 2023 FORD PARK MASTER PLAN The recommendations listed in this section pertain to specific structures or locations within the Park that offer various programs and amenities to visitors. They are site specific, but contribute substantially to the overall park experience. Some of the recommendations respond to existing proposals that have been studied in recent years. The plan clarifies the intent around these proposals and offers a preliminary evaluation of their impact with an eye toward the Park as a whole. Other recommendations are introduced as new concepts, aimed at renovations, relocations, and reorganizations. CAPITAL IMPROVEMENT STUDIES: FACILITIES & PROGRAMS Many of the anticipated changes related to the leaseholder organizations concern the desire for additional or expanded administrative space. This document recognizes leaseholder organizations will continue to grow and expand and Ford Park cannot be expected to accommodate the space necessary for all administrative functions. Before proposing new office space in the Park, leaseholder organizations should consider how new and existing positions relate to the operations and functions directly connected to the Park. As stated in Guiding Principle D4, only positions directly responsible to daily operations and functions in the Park should be officed in the Park. Organizations may need to make some difficult decisions regarding where certain staff positions are officed. For example, operational positions such as maintenance manager, volunteer coordinator, and programming manager would be appropriately officed in the Park. Administrative and management positions such as directors, human resources, finance, and marketing should be officed outside the Park. The definition of “office” includes the space required for a desk, file cabinet and computer as well as space for ancillary functions such as printer/copier, restrooms, break room and storage space. 261 129 TOWN OF VAIL WELCOME CENTER STUDY AREA POTENTIAL WELLHOUSE LOCATION WEST MAINTENANCE STUDY AREA SOUTH FORD PARK MAINTENANCE STUDY AREA LOWER BENCH STUDY AREA AMPHITHEATER RENOVATIONS NATURE CENTER STUDY AREA APPROXIMATE WELL LOCATION Future Study Area 262 130 2023 FORD PARK MASTER PLAN On a regular basis in the summer, the VVF accomplishes heroic logistical feats, managing to turn their venue from a chamber quartet to a rock show to a full orchestra over the course of a few days. The season is tight, and the schedule is packed, trying to make the most of every Colorado alpine summer evening. Concerts go on rain or shine, and the operation is difficult, but the experiences delivered by the GRFA are some of the most sought-after, season after season, by visitors to Vail and Ford Park. These transitions happen with one loading dock, a steep one-way access road, and tight spaces for oversized vehicle staging. There are concerns about security, egress, emergencies, and weather. There can be persistent noise from I-70, as trucks descending Vail Pass go barreling past during the piano solo or interpretive dance. Guests have limited parking options in Ford Park — most take transit or walk from the village parking structures. There is no ADA-compliant access to any of the venue entrances, which necessitates a parade of golf carts on Betty Ford Way before and after shows. The venue itself is in need of upgrades and enhancements in order to continue to service The graphic at the right was proposed as a concept for an Amphitheater expansion by the VVF but has not been vetted by the public or the Town design review process. RECOMMENDATION: STUDY THE IMPLICATIONS OF PLANNED GRFA RENOVATIONS WITH FORD PARK MORE BROADLY AND INSURE COMPLIANCE WITH MASTER PLAN GOALS AND GUIDING PRINCIPLES the wide array of performers and deliver the best hospitality. With this context and these factors in mind, the VVF have proposed a set of renovations that represent the biggest facility overhaul seen since the Amphitheater was built. A summary of these changes are shown on the opposite page. The Ford Park Master Plan understands the drivers behind the upgrades, and, along with additional public vetting, the Goals and Principles of the Plan will aid the Town Council in determining the best course of action for the project. AMPHITHEATER RENOVATIONS STUDY AREA 263 131 TOWN OF VAIL GE R A L D R . F O R D A M P H I T H E A T E R ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE AND ASSOCIATES, INC. .(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado Z E H R E N February 02, 2022 Pg. 3 PROPOSED SITE PLAN AND AREAS OPTION 1 Gerald R Ford Amphitheater 2022 Capital Campaign Program Areas Zehren and Associates 1/31/2022 Existing Option 1 Option 2 Women's Restroom East Restrooms 465 465 465 Men's Restroom East Restrooms 347 347 347 Building Subtotal  East Restrooms 812 812 812 Landscape Shed/ Golf Cart Storage Landscape Shed 0 400 400 New building, northeas Building Subtotal  Landscape Shed 0 400 400 Concession Service East Concessions 197 282 282 Concession Kitchen/Storage East Concessions 119 167 167 Loading Dock East Concessions 857 857 857 Mechanical Room?East Concessions 336 336 336 Does not show on plan Storage East Concessions 0 222 222 New component along Building Subtotal  East Concessions 1509 1864 1864 Orchestra Pit Basement 939 939 939 Band Dressing Room Basement 1745 1745 1745 Electrical Equipment 001 Basement 159 159 159 Electrical Equipment 002 Basement 163 163 163 Electrical Equipment 003 Basement 118 118 118 Storage Basement 133 133 133 Previous Zehren projec Ramp Basement 169 169 169 Building Subtotal  Basement 3426 3426 3426 Green Room 101 Box Office 796 796 796 Side Stage 111 Box Office 329 329 329 Office 108 Box Office 74 74 74 Women's Restroom 107 Box Office 148 148 148 Men's Restroom 106 Box Office 144 144 144 Corridor 118 Box Office 203 185 185 Dressing 102 Box Office 197 132 132 Dressing 103 Box Office 133 126 126 Dressing 104 Box Office 220 208 208 Dressing 105 Box Office 180 131 131 Storage‐IT 120 / Office 120 Box Office 97 144 144 120 becomes office in n Office 119 Box Office 123 110 110 Mechanical 121 Box Office 57 57 57 Utility 117 Box Office 26 26 26 Office 116 Box Office 104 104 104 Unisex Toilet 115 Box Office 66 66 66 Box Office Box Office 139 57 57 Box Office Corridor Box Office 323 378 378 Men's Restroom 114 Box Office 436 436 436 Women's Restroom 113 Box Office 1237 1237 1237 Mechanical 109 Box Office 64 64 64 Janitor Box Office 40 40 40 Box Office Expansion Box Office 0 301 301 New Office Box Office 0 78 78 New Office (or Storage)Box Office 0 280 280 Laundry Box Office 0 110 110 Performer Lounge Box Office 0 261 261 Performer Showers Box Office 0 173 173 Men's Public Restroom Box Office 0 205 205 Public access to Ford P Women's Public Restroom Box Office 0 304 304 Public access to Ford P Building Subtotal  Box Office 5136 6704 6704 Concession Service North Concessions 522 522 522 Concession Kitchen/Office North Concessions 367 436 436 Storage North Concessions 0 0 969 Downstairs, excavated  Merchandise North Concessions 0 178 178 Existing merch is exteri Studio Space North Concessions 0 1629 1629 Multi‐function space da Lobby North Concessions 0 567 567 Storage North Concessions 0 154 154 Upstairs behind elevato Vertical Circulation ‐ lower North Concessions 0 245 245 Vertical Circulation ‐ upper North Concessions 0 316 316 Includes eddy space be Building Subtotal  North Concessions 889 4047 5016 Concession Service South Concession 451 593 593 Concession Kitchen/Storage South Concession 448 448 448 Concession Service (C02)South Concession 110 110 110 Restrooms South Concession 119 119 119 Offices South Concession 0 593 593 Dry Storage South Concession 0 450 450 For Concessions below Corridor South Concession 0 45 45 Vertical Circulation ‐ lower South Concession 0 147 147 Vertical Circulation ‐ upper South Concession 0 113 113 Building Subtotal  South Concession 1128 2618 2618 FACILITY TOTAL 12,900 19,871 20,840 Floor Area (SF)Program Category Building EAST RESTROOM EAST CONCESSIONS BOX OFFICE/ GREEN ROOM EAST ENTRANCE STAGE/ BASEMENT BELOW COVERED SEATING LAWN SEATING MAIN ENTRANCE BETTY FORD WAY BETTY FORD ALPINE GARDENS NORTH CONCESSIONS UPPER LEVEL SOUTH CONCESSIONS UPPER LEVEL AREA COMPARISON LEASE BOUNDARY LANDSCAPE SHED NORTH CONCESSIONS SOUTH CONCESSIONS LOADING DOCK 264 132 2023 FORD PARK MASTER PLAN The Nature Center is a tucked away piece of Ford Park that, with substantial enhancements, could become a signigicantly stronger asset. Any renovation needs to consider three important factors: ADA- compliant access, fire safety/access, and utilities for restrooms. A conceptual design was prepared by Hopkins Architecture in 2019, and serves as a strong starting point to re-engage this project. The design called for a vertical circulation tower from Vail Valley Dr, which included stairs and an elevator, along with classrooms, restrooms, viewing decks, and storage space. Utilities could also be routed through the structure, including fire suppression systems. At Vail Valley Dr, the tower could connect to the extended Gore Valley Trail, better folding this part of the Park into the Vail Village experience. While it is essential to provide safe access with ADA-compliance and facilities, to the greatest extent possible the Nature Center should continue to be preserved as “an example of the Gore Valley’s natural history” as per Resolution No. 27 of 1987. Most of the landscape in this corner of the park is intact riparian native vegetation, but there are zones, such as the meadow, that could use extra attention to ensure it showcases the native plant communities of the Vail Valley. It has been discussed that the Alpine Gardens could assist with maintenance and plant management in this wilder area of the Park. It is recommended that the Town engage an ecologist to consider any necessary landscape/habitat restorations. A tree replanting strategy could also be explored, as a number of trees were recently removed due to disease. Removal of the exhibit yurt is also recommended, along with any other temporary structures. The Walking Mountains Science Center, who is contracted to operate the environmental RECOMMENDATION: CONDUCT AN ENGAGEMENT AND DESIGN PROCESS FOR THE VAIL NATURE CENTER TO PROVIDE ADA ACCESS, FIRE SAFETY/ ACCESS, RESTROOMS, AND A PUBLIC FACILITY CONSISTENT WITH THE STATUS AND QUALITY OF FORD PARK AND THE VAIL COMMUNITY NATURE CENTER STUDY AREA 265 133 TOWN OF VAIL education programs out of the Nature Center, should be engaged to fully understand their needs and ensure they can deliver the best possible experiences for guests. In addition to limiting new building footprints in Ford Park, any improvements for the Nature Center Study Area should take into consideration the highly sensitive context of the Gore Creek corridor. The Guiding Operational Principles of this plan provide a framework for an appropriate level of development as agreed upon by the Oversight Committee and the Vail community. 266 134 2023 FORD PARK MASTER PLAN The Commons area of Ford Park is a collection of elements that serve multiple purposes. They are some of the most “park- like” features in Ford Park, including the playground and picnic pavilion. The pavilion was formerly a garage, and although it is well-used, it doesn’t function well for picnics, with tight spaces and full walls. The master plan calls for this structure to be photo- documented and removed and replaced with a more functional facility. The Jesús Moroles sculpture is also located here, in proximity to what will become a new artist studio on the site of the existing farmhouse. This original building is in disrepair and needs to be demolished. In its place, Art In Public Places has proposed to construct an art studio. This new building will provide work space for visiting artists, in a public setting that encourages interaction between the artist and park visitors. Its goal is to put Vail on the map for well-known artists, and to create a haven for art while differentiating Vail from other mountain communities. To clarify the relationships in this zone of the Park and improve visitor experiences, the master plan recommends a study of the Lower Bench in its entierty, which could include the designation of a sculpture garden space, a new picnic pavilion, and stronger connections between the basketball court RECOMMENDATION: STUDY THE REORGANIZATION OF THE LOWER BENCH INCLUDING THE RELATIONSHIP BETWEEN THE ART STUDIO, PICNIC SHELTER, OUTDOOR SCULPTURES, NATURE WALK, AND GORE CREEK LOWER BENCH STUDY AREA and playground, commons lawn, Gore Creek, and the Nature Center Bridge. Additionally, there are opportunities for turf conversions to planting, and safety enhancements to the playground. Right: By incorporating the Moroles granite sculpture into a dedicated art garden, and the addition of the Art Studio, a new outdoor sculpture area is framed on the Lower Bench. The existing picnic shelter should be removed, with a new, more open and usable structure placed away from the art garden. Left: Conceptual idea for the Lower Bench study area, subject to additional study. The concept centers the relationship between the Commons and Gore Creek, and suggests areas that could be managed by BFAG. 267 135 TOWN OF VAIL NEW ART GARDEN AND ART STUDIO BFAG PLANTING EXPANSIONS / TURF REPLACEMENT CONCEPTUAL IDEA FOR THE LOWER BENCH STUDY AREA PLAYGROUND SAFETY UPGRADES STRONGER ALIGNMENT TO GORE CREEK NEW PICNIC SHELTER LOCATION NEW NATURE PATH 268 136 2023 FORD PARK MASTER PLAN Ford Park requires a high level of upkeep, and correspondingly deserves adequate maintenance facilities to enable efficient operations for the partner organizations that care for the Park. A facility was constructed in 2012, in the northwest corner of the Park, but it has proven to be too small for both VRD and BFAG needs. This plan recommends a study that considers the options for expanding this facility, or creating a new building along West Betty Ford Way that provides additional space. The need is for equipment, a high bay garage for a VRD tractor, material storage, a composting facility for the Alpine Gardens, and staff desk space, including areas to work on equipment or stage project work. Exterior enclosures may also be necessary. Access to this area of the Park would be through the West Betty Ford gate and should be redesigned so that trucks do not have to drive through the entire park to enter or exit out East Betty Ford Way — this would be counter-flow traffic from the intended one way route recommended by this plan. This may necessitate designating a new access drive at the current pedestrian staircase. As well, the study should consider a desire by VRD to improve the load-in capabilities of the Fields during tournaments and field layout conversions (ie lacrosse to soccer). Currently trucks are limited to a single west gate, and to occupying the sidewalk along the north side of the fields, blocking pedestrian access. The full design should consider the needs of both VRD (focused on their responsibilities for the Athletic Fields) and BFAG, who will be taking on much more responsibilities in Ford Park going forward through the new maintenance agreements defined in the Guiding Operational Principles. RECOMMENDATION: CONDUCT A STUDY AND IMPLEMENT A PLAN THAT WILL IMPROVE MAINTENANCE CAPABILITIES FOR BFAG AND VRD SOUTH FORD PARK MAINTENANCE STUDY AREAWEST MAINTENANCE STUDY AREA 269 137 TOWN OF VAIL The design study for the west maintenance facility will need to include a number of factors such as equipment storage and truck access. The existing maintenance facility at South Ford Park is in need of renovation and possible expansion. At South Ford Park, the existing maintenance facility at the soccer field is in need of renovations. VRD has expressed a desire to advance conceptual designs they have prepared, at least as a starting point to understand their needs. This plan recommends using the concept design as a starting point for evaluation and further study, to include restrooms. 270 138 2023 FORD PARK MASTER PLAN The plan recommends a study be undertaken to improve guest services by providing a Welcome Center as a first point of contact for visitors to Ford Park. Ford Park has multiple pedestrian entrances, a transit entrance, and a vehicle entrance. There is no sense of arrival or location to disseminate information about the Park and the features and programs within. This can be confusing and frustrating to visitors to the Park. While there may be confusion associated with all the entrances, visitors driving to the Park possibly experience the most confusion because of the non- centralized location of the parking lot. These visitors are more likely to be non-locals and in search of direction, information, and an accessible public restroom. Currently, the VRD staff that work in the Tennis Center serve as the de facto park guides, as the building location presents itself as a visitor center. While VRD is happy to do this, a more functional space dedicated to that purpose would serve Ford Park well as no other similar facility currently exists. The plan recommends a study area for a possible Welcome Center that should include the existing Tennis Center, Transit Stop and Concessions Building. This study area will allow consideration and evaluation of how visitors arrive to the Park by transit and after exiting their vehicles in the parking lot. Consideration of the location of a Welcome Center should include the possible consolidation of transit and parking lot entrances to the Park. At a minimum, the Welcome Center should have a counter for information staff, self- guided information, and accessible public restrooms. The study should also consider the possibility of expanded food services in the Park, whether designating a permanent structure or allowing food trucks or other temporary concessions. The study may find the Welcome Center could be in an existing building in the study area, either the Tennis Center or Concessions Building. The buildings should be evaluated RECOMMENDATION: STUDY AND DESIGN THE LOCATION OF A FORD PARK WELCOME CENTER/VISITOR SERVICE HUB WELCOME CENTER STUDY AREA 271 139 TOWN OF VAIL The Tennis Center, Concessions Building and transit stop are all potential locations for a welcome center/visitor services hub. for current compliance with ADA accessibility standards, existing use, and location relevant to Ford Park pedestrian traffic patterns. The Concessions Building contains men’s and women’s restroom, a kitchen with grill and food storage, walk-up service counters, a tournament check-in window, and a storage room. The building is used infrequently because of the lack of supplemental funding to cover costs. Some have recommended expanding the restrooms currently housed in the building. The Tennis Center currently houses the VRD administrative offices, the tennis pro shop, locker rooms, and public restrooms. It is possible that the VRD offices could be relocated elsewhere as part of this study. 272 140 2023 FORD PARK MASTER PLAN Ford Park has always contained the “future” location for a domestic water well (Well R-3) that taps into the aquifer that follows Gore Creek and serves the Eagle River Water & Sanitation District. According to conversations with ERWSD, development of R-3 is likely to occur in the next several years, in an effort to “increase groundwater production to enhance the reliability and resiliency of our water system, to provide some hydraulic benefits in the Vail system, and may also be needed to replace the production of our West Vail wells as potential regulations for PFAS chemicals in drinking water are implemented.” Implications are significant for Ford Park, not from the well itself, but from the necessary apparatus and additional infrastructure that comes with it. This includes piping to a well house, which protects the pump and chlorination facilities, and connects into extensive underground distribution system which enables adequate time for disinfection before the water is connected, via underground pipes, into the existing water main along the Frontage Rd. The master plan aspires to fold this necessary infrastructure development into other existing or proposed facilities to mitigate its impact. Options could include visual screening, a sculptural water element, an educational installation about water use, or incorporating the well into the new picnic pavilion and incorporating the well house into the proposed maintenance facility expansion. It is noted that the Town Ordinance which authorized the purchase of the Anholz Ranch, creating Ford Park, specifically called out the construction of “water works” as a possible use in the Park. RECOMMENDATION: PLAN AND COORDINATE FOR THE EAGLE RIVER WATER AND SANITATION DISTRICT R-SERIES WELL DEVELOPMENT IN THE LOWER BENCH POTENTIAL WELLHOUSE LOCATION FUTURE CONNECTION TO WATER MAIN AT FRONTAGE RD. APPROXIMATE WELL LOCATION 273 141 TOWN OF VAIL An existing well house and well head in Donovan Park. 274 142 2023 FORD PARK MASTER PLAN 6IMPLEMENTATION 275 143 TOWN OF VAIL MANAGEMENT 6IMPLEMENTATION 276 144 2023 FORD PARK MASTER PLAN This master plan emphasizes the desire to break down silos, focus on the Park as a whole, and streamline maintenance and operations. The implementation strategy focuses on these objectives by prioritizing key steps that are meant to build on the existing framework of Ford Park and provide more functional organization. As discussed in the previous chapter, the capital improvements offer a layered approach to addressing the challenges facing Ford Park. These studies and corresponding improvements are presented at a variety of scales and while some may have clear steps to implementation, many will take further study and understanding. As well, the master plan recognizes that many of the studies OVERVIEW are interconnected, and prioritization of key elements is critical. With this in mind, the Priority Operational Actions are highlighted as the first steps in the implementation of this plan. These initial actions will position the Town and Ford Park Stakeholders for success as additional capital improvement studies are undertaken. 277 145 TOWN OF VAIL PRIORITY OPERATIONAL ACTIONS 1. Establish the Ford Park Oversight Committee. (Guiding Principle A) Establishing the Ford Park Oversight Committee is the most critical step to more towards implementing this plan. The priority actions for the committee are to coordinate the reorganization of maintenance responsibilities and develop a scheduling system that will aid all the stakeholders and Town staff involved in the Park in knowing when programs are happening and when overlapping scheduling may create conflicts within the Park. Implement an ADA- compliance and traffic- reduction study. (Guiding Principle G) ADA-compliance and the reduction of vehicles in the Park were identified as two of the highest-priority changes to the Park. The ADA-compliance study will provide guidance about the best way to make the Park more accessible and will impact other changes such as wayfinding, parking lot efficiency, Nature Center improvements, Ford Amphitheater changes, and Lower Bench organization. A traffic-reduction study goes hand in hand with ADA-compliance, aiming to eliminate all private vehicles in the Park and reduce commercial and maintenance vehicles to the greatest extent possible. Collaborate with stakeholder organizations to reorganize maintenance responsibilities within the Park. (Guiding Principle F) Reorganizing maintenance responsibilities is a first step towards improving visitor experience and alleviating congestion in the Park. By reducing the duplication of services, and intrusion of maintenance vehicles in the Park, this action can pave the way towards reducing overall costs, increasing operational efficiency, and unifying the Park. Reorganizing maintenance responsibilities may also require a reallocation of budgets to ensure stakeholders are compensated for taking on additional maintenance activities. 2.3. 278 146 2023 FORD PARK MASTER PLAN GUIDANCE ON CAPITAL IMPROVEMENT STUDIES The following implementation table identifies the type of improvement, who is responsible for it, and which goal and guiding principle it is associated with. The table also assigns a tiered priority to each outcome. Outcomes in Tier 1 have the highest priority. These recommendations focus on improving operations, stakeholder coordination, maintenance, pedestrian safety, and ADA- compliance. Tier 1 tends to be improvements that are focused parkwide and are critical to the overall safety, visitor experience, and success of the Park. Tier 2 encompasses specific improvements to facilities that address capacity, maintenance, and access. Tier 3 is the lowest priority improvement, though these outcomes are still important for the long-term success of the Park. Tier 3 covers transit efficiencies, Gore Creek management, wayfinding, and other anticipated changes. PRIORITY Tier 1 Tier 2 Tier 3 Parkwide safety and access Improved operations Stakeholder coordination Facility improvements that address capacity, access, and maintenance Gore Creek management Transit efficiencies Wayfinding Other 279 147 TOWN OF VAIL CIRCULATION & ACCESS Capital Improvement Study Page Recommended Outcomes Responsibility Priority Related Goals Key Guiding Principles Conduct an ADA-compliance study and implement ADA routes through walkway upgrades and improvements 118 Reconstruct Alpine Garden internal walkway to be compliant with ADA guidelines.TOV/BFAG Tier 1 3 B,G Reconstruct Amphitheater Bridge to Vail Valley Drive walkway to be complaint with ADA guidelines.TOV Tier 1 3 B,G Construct a formal walkway from Nature Center Bridge to Vail Nature Center as a ADA compliant pedestrian connection. TOV Tier 1 3 B,G Remove accessible parking from the Lower Bench by accommodating access through complaint walkways.TOV Tier 1 3 B,G Study the feasibility of an internal shuttle system within Ford Park to increase accessibility for all visitors.TOV Tier 1 3 B,G Manage vehicular access in Ford Park with a controlled and secure entrance on Betty Ford Way 120 Install pedestrian-friendly vehicular control gate at the east end of BFW at the parking lot.TOV Tier 1 3 B,G Improve control on west end BF Way to limit vehicular access. Coordinate with maintenance staff to avoid disruption of maintenance vehicle access. TOV Tier 1 3 B,G Establish guidelines for who and why vehicular access is allowed on BF Way. (See Traffic Management Table)TOV Tier 1 3 B,G Study the addition of a north entry/exit to GRFA to provide a streamlined exit for audience members, and to alleviate pressure on the other two egress points 126 Evaluate opportunity to combine entrance structure with additional restroom facilities for ballfields and the GRFA.TOV/VVF Tier 2 1,3 B,D,G 280 148 2023 FORD PARK MASTER PLAN Undertake a parkwide signage and wayfinding study and build a strategy for implementation 114 Develop and implement a unified parkwide pedestrian wayfinding system.TOV Tier 3 3 G Develop and Implement a Frontage Road vehicular Wayfinding System directing traffic from the east and west.TOV Tier 3 3 G Conduct a study to manage Gore Creek and provide protection, enhancement and access 124 Designate and develop desirable creek access points while restricting access in sensitive areas.TOV Tier 3 4 E Continue to enhance and re-vegetate the riparian corridor through appropriate native plantings. Consider extending the riparian condition found in the Nature Center westward to the picnic area. TOV Tier 3 4 E Implement a study to improve parking & transit efficiencies and align with GoVail 2045 mobility and transportation master plan 116 Reconstruct Frontage Road parking lot passenger vehicle entrance.TOV Tier 1 3 B,G Determine a location/s for additional bike parking, e-bike, and EV charging.TOV Tier 3 3 B,G Reconfigure the Frontage Road parking lot entry to accommodate oversize vehicles that use the lot as a staging area, and reconsider how these vehicles enter Ford Park. TOV Tier 1 3 B,G Evaluate the South Ford Park lot for efficiency.TOV Tier 1 3 G Study the feasibility of extending Vail Village delivery system to Ford Park.TOV Tier 3 3 G Evaluate Special Event Transit operations to determine improvements to efficiency, access, and ridership.TOV Tier 3 3 G Improve accessibility of Vail Valley drive transit stops.TOV Tier 3 3 G Capital Improvement Study Page Recommended Outcomes Responsibility Priority Related Goals Key Guiding Principles 281 149 TOWN OF VAIL Study the implications of planned GRFA renovations with Ford Park more broadly and ensure compliance with master plan Goals and Guiding Principles 130 Recommend the VVF consider carefully what staff needs to be officed within the GRFA and what could be officed elsewhere. VVF/TOV Tier 2 1,2 B,D Recommend the VVF consider the benefits of the North Entry proposal to the GRFA and Ford Park.VVF/TOV Tier 2 1 B,G Require the VVF to provide visual analysis of the proposed building additions as seen from several areas outside the Amp. VVF/TOV Tier 2 1 B,E Apply Guiding Principal B to evaluate the merits of the proposed building additions and modifications, and direct appropriate modifications to the proposal. VVF Tier 2 1 B Conduct a study and implement a plan that will improve maintenance capabilities for BFAG and VRD 136 Evaluate current plans for South Ford Park maintenance building to ensure that the VRD will accommodate proposed maintenance agreements. TOV/VRD Tier 2 1,2 B,D,F Determine the best course of action to increase usable maintenance space for VRD and BFAG functions.TOV/BFAG/VRD Tier 2 1,2 B,D,F Provide limited ballfield access and pull-off parking to accommodate setup of sports tournament activities and maintenance activities. VRD/BFAG Tier 2 2 D,F,G FACILITIES & PROGRAMS Capital Improvement Study Page Recommended Outcomes Responsibility Priority Related Goals Key Guiding Principles 282 150 2023 FORD PARK MASTER PLAN Study and design the location of a Ford Park welcome center/visitor service hub 138 Evaluate and determine a location for the welcome center/ visitor service hub, and implement a schematic proposal.TOV Tier 2 1,2 B Consider if the long-term home of the VRD should be part of the welcome center, remain in the Tennis Center, or be relocated elsewhere outside of Ford Park. TOV/VRD Tier 2 1,2 B Conduct an engagement and design process for the Vail Nature Center to provide ADA access, fire safety/access and restrooms, and a public facility consistent with the status and quality of Ford Park and the Vail community 132 Establish convenient ADA-compliant route(s) from parking to all VNC features and programs.TOV Tier 2 1,3 B,E,G Provide sanitary, accessible public restroom facilities.TOV Tier 2 1 B,E Provide functional fire department connections and firefighter access to Vail Nature Center structures.TOV Tier 2 1,3 B,E Improve natural areas and riparian zone through removal of undesirable plants and the replacement with desirable native plantings. TOV Tier 2 1,2,4 B,E Improve stream-side trail to improve access to some areas, limit access in others and to provide ADA compliant access and exhibits. TOV Tier 2 1,3,4 B,C,E Study the reorganization of the Lower Bench including the relationship between the Art Studio, picnic shelter, outdoor sculptures, nature walk, and Gore Creek 134 Evaluate spatial arrangement with artist studio, Commons area and access to Gore Creek riparian area.TOV Tier 3 1,2,3,4 A,B,C,D, E,F,G Capital Improvement Study Page Recommended Outcomes Responsibility Priority Related Goals Key Guiding Principles 283 151 TOWN OF VAIL Plan and coordinate for the Eagle River Water and Sanitation District R-Series well development in the Lower Bench 140 Coordinate with and assist ERWSD staff in defining easements, permissions and requirements needed for development of the R-Series well. TOV Tier 3 1 B Evaluate if the space for the wellhouse and other required features can be shared with other uses in the Park.TOV Tier 3 1 B,D Coordinate with ERWSD staff and consultant in the layout and design of structures and utilities required for the development of the R-Series well. TOV Tier 3 1 B Capital Improvement Study Page Recommended Outcomes Responsibility Priority Related Goals Key Guiding Principles 284 152 2023 FORD PARK MASTER PLAN 285 October 4, 2023 Vail Recrea�on District 700 S. Frontage Rd. East Vail, CO 81657 Dear Planning and Environmental Commission Members, Thank you for the opportunity to provide feedback on the 2023 Ford Park Master Plan. We would like to start by sta�ng, the whole process for upda�ng the Ford Park Master Plan has been very inclusive and transparent to the stakeholders within the park and the interested public. The Vail Recrea�on District has been involved from the beginning through the end of the process to the final dra�. We were provided with numerous opportuni�es for engagement and feedback. We would like to thank all the stakeholders in Ford Park, WRT, PROS Consul�ng, Mar�n/Mar�n Consul�ng Engineers and especially Todd Oppenheimer and Greg Barrie with the Town of Vail. The VRD was able to present the DRAFT Ford Park Master Plan to its board of directors at their September 28, 2023, mee�ng. At the comple�on of the presenta�on and a�er much discussion I was directed by the board to write a Leter of Support for the updated master plan. The Vail Recrea�on District is in full support of the DRAFT 2023 Ford Park Master Plan. We support the 5 Goals of the plan and the Guiding Opera�onal Principles. We commit to par�cipa�ng in the Ford Park oversight commitee. We support moving administra�ve offices when those might become available. Finally, we commit to working with Town o f Vail staff and the other stakeholders to reorganize maintenance responsibili�es in a fiscally responsible way. Thank you for your interest and commitment to keeping Ford Park the community treasure that it is. The VRD is proud to be a stakeholder in our community park and will always work hard to keep it a jewel for the Vail community. Respec�ully, Michael Or�z Execu�ve Director Vail Recrea�on District 286 From:Nicola Ripley To:Greg Roy Cc:Todd Oppenheimer Subject:Ford Park Master Plan Date:Thursday, October 5, 2023 8:54:46 AM Greg, I apologize for not writing an official letter of support to accompany the Ford Park Master Plan. I am currently out of the Country and wasn't aware of the request from PEC. Staff from the Gardens will attend the next meeting and be available for questions as needed. On behalf of Betty Ford Alpine Gardens I would like to inform the PEC that we have been an active participant in the evolution of the new Master Plan. The goals of the plan have been developed with the interests of the park uppermost and we are in support of this effort. The needs of our organization, for the next few years, have been understood and incorporated into the plan where possible within the constraints of overall planning objectives. We look forward to being part of a future steering committee to develop these ideas further so that they can be prioritized within the Town and Gardens budgets. Thank you. Nicola Ripley Executive Director Betty Ford Alpine Gardens 287 September 19, 2023 Vail Valley Foundation www.vvf.org SUBJECT: LETTER OF SUPPORT FOR THE 2023 FORD PARK MASTER PLAN To whom it may concern, The Vail Valley Foundation (“VVF”) would like to thank all individuals and parties involved in the planning process tied to the future of our beloved Ford Park in Vail. As the operator of the Gerald R. Ford Amphitheater and longstanding partner of the Town of Vail, the VVF is fully invested in the health and prosperity of Ford Park for future generations. We are submitting this Letter of Support for the 2023 Ford Park Master Plan. While we are supportive of the entirety of the Master Plan, we would like to highlight our support of several elements of the Master Plan, as follows: 1. We support the 5 Goals of the Master Plan as covered in pages 103-107 of the Master Plan Draft including Goal #2 which states that all parties work together to ensure that any building proposal does not adversely affect the character, quality, or experience of Ford Park. Additionally, we agree to work closely with the Town of Vail to manage, and minimize whenever possible, vehicular traffic on Betty Ford Way by the VVF and its vendors/contractors. 2. We support the Guiding Principles of the Master Plan to guide decision-making on Proposed Changes, Stewardship, Programming, Environment, Vehicles, and Maintenance. 3. We fully intend to participate in the Ford Park oversight committee. 4. The VVF is willing to study and evaluate a possible north entrance to the Gerald R. Ford Amphitheater and we are supportive of improving ADA compliance throughout the park. Respectfully, Michael Imhof Peter Blosten Dave Dressman President GRFA Operations Director VP, GRFA 288 GERALD R.FORD PARK DRAF T MASTER PLANAPPENDIX2023 VAIL, CO 289 01 Ford Park Master Plan 2013 — List of Completed Capital Projects | Page 3 02 Stakeholder Letters and Resopnses | Page 4 03 Ford Park Master Plan — Accessible Route Narrative | Page 55 04 Lease — Vail Valley Foundation | Page 64 05 Lease — Betty Ford Alpine Gardens | Page 68 06 Lease — Vail Park & Recreation District | Page 77 07 Revocable License Agreement — Vail Park & Recreation District | Page 82 08 Map of Lease Parcels | Page 86 09 EngageVail Survey Results | Page 87 TABLE OF CONTENTS 290 3 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan 2013 – List of Completed Capital Projects 9.19.23 Improvement #1 – Gore Creek Corridor Restoration Blocked off social trails, several hundred trees and shrubs have been planted and are becoming established, several diseased trees have been removed. On-going project wit more work to be accomplished in the coming years. Improvements #2 – Gore Creek Village Connector The Gore Creek Village Connector, aka Streamwalk, was improved as a direct result of the inclusion in this master plan. The surface was upgraded, drainage improvements completed, and the maximum slope was reduced by half. Improvement #3 – Entry Monuments at Park’s pedestrian entries The Art in Public Places Committee took on and competed the design and installation of 7 stone and metal entry monuments at the various points of access to Ford Park. The monuments were designed, fabricated, and installed by Chevo Studios. Improvement #4 – Betty Ford Alpine Gardens Education Center The construction of the Betty Ford Alpine Gardens Education Center was completed following the adoption of the 2103 Ford park Master Plan. Improvement #5 – Nature Center Significant planning work was accomplished on the Nature Center in 2017. The plan included resolutions to accessibility, restrooms and fire department access as well as many other opportunities which had been identified. This work was curtailed by the Town Council in 2018 and has not been restarted. Improvement #6 – Ford Amphitheater Entry Upgrade/Public Plaza The Social Courtyard was completed by the Vail Valley Foundation following the adoption of the 2013 Ford Park Master Plan. Improvement #7 – Children’s Playground Restrooms The public restrooms near the Children’s Playground were constructed following the adoption of the 2013 Ford park Master Plan. The restrooms are totally accessible and are heated for year-round use. Improvement #8 – Betty Ford Way Traffic Control 2013 Master Plan, Objective 3.1, Policy Statement 3 recommended to have delivery vehicles use East BF Way entering and exiting the park. A “sally-port” gate configuration was established on East BF Way to allow two-way traffic with one vehicle on the road at a time. The system failed to function due to driver error. The upper gate remined for a time with video/intercom communication with the Parking office for drivers requesting ADA access to the lower bench. New parking equipment did not support the function and the equipment was subsequently removed. 291 4 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Mr. Mike Imhof President, Vail Valley Foundation Dear Mike: Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans the Vail Valley Foundation (VVF) hopes to see for Ford Park. Plans, intentions, and visions that you do not share now may not be considered for inclusion in this Master Plan update. Please share this email with VVF staff, leadership, and the Board of Directors as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that VVF hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) the VVF, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (i.e., to get on a Board agenda), please let us know as soon as possible. 1. Plans for second-story additions on most of the existing buildings. a) What is the purpose behind each addition? b) What is the most important addition you are planning? c) What support do you have from other stakeholders in the park? d) Have you solicited input from the community? If so, how? e) Have you evaluated visual impacts of the proposed additions from outside the VVF lease area? f) Have you considered solutions outside of Ford Park? g) Do these new spaces create opportunities for multi-purpose public / park activities or programming? h) Would these expansions be feasible if vehicles were no longer permitted on Betty Ford Way? 2. Increased number, types, and sizes of performances. a) What is the driver and/or rationale behind this? b) Have you discussed this with other stakeholders, and if so, do you have their support? c) What physical enhancements are needed to accommodate desirable acts? 1. Truck entrance/Loading dock 292 5 2023 FORD PARK MASTER PLAN | APPENDIX 2.Pedestrian entrances, access/egress, parking 3.Circulation d)What management/operational changes have been considered to better accommodate desirable acts? 3.Staff and contractors regularly use the parking Spaces near the Amphitheater taking up limited available ADA parking. a)How would you intend to manage staff and visitor parking given the growth that you anticipate? b)How would you be affected if Betty Ford Way became closed to unauthorized vehicular traffic? 4.Anything else we need to know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 293 6 2023 FORD PARK MASTER PLAN | APPENDIX January 2023 Ford Park Master Plan WRT Landscape Consultant Questions with VVF Answers 1. Plans for second-story additions on most of the existing buildings. Q. What is the purpose behind each addition? A. The primary purposes behind our next capital improvement campaign are to elevate the guest, staff, volunteer, and artist experience and materially increase the total useable square footage for storage and operational staff. The increased square footage will allow the venue to be maximized in its use during the peak summer months of operations. Q. What is the most important addition you are planning? A. It is not just one thing, but the most important aspect of this next capital campaign is increasing the useable square footage from back of house to box office to green rooms to north, south and east concessions expansions. Q. What support do you have from other stakeholders in the park? A. Town of Vail has seen our conceptual plans and they are a strong advocate for making changes to GRFA that will allow it to remain the greatest outdoor amphitheater in the Rocky Mtn West. In addition, our long- time partner, Bravo! Vail, who calls the GRFA home each summer, is a key partner and stakeholder in our proposed capital upgrades. AEG, our co-promoter on large concerts and talent buyer, are also very supportive of these upgrades to the venue. Most all of the capital improvements we plan to make will be a direct, positive benefit to Bravo! Vail as well as VVF, and TOV. Q. Have you solicited input from the community? If so, how? A. Bravo Vail and Town of Vail have been part of this design/capital improvement plan. We have not yet rolled these concepts out to the general public, but we do plan to actively market and communicate our capital improvements to our constituents in the Eagle River Valley. Q. Have you evaluated visual impacts of the proposed additions from outside the VVF lease area? A. Yes. Our architectural partner on this project, Zehren Architects, has been heavily focused on ensuring that the type and location of improvements within our venue, especially the increased square footage creates the least amount of visual impact from outside the venue but also from within. Q. Have you considered solutions outside of Ford Park? A. No. We have no intent of doing any capital improvements that would fall outside of our GRFA operating and lease footprint. Q. Do these new spaces create opportunities for multi-purpose public / park activities or programming? A. These capital improvements will allow the GRFA to maximize is use across the entire May-October season, especially during the peak month of July when multiple genres of performances can operate on an ongoing basis. Currently, based on the state of the GRFA useable space we are compromised in our ability to flip the venue in a timely and efficient manner moving from one performance to another. Q. Would these expansions be feasible if vehicles were no longer permitted on Betty Ford Way? A. No. And more importantly, if vehicles were no longer permitted on Betty Ford Way, that would significantly compromise, if not bring to a complete halt, the GRFA’s ability to operate as it does today with VVF and Bravo’s current slate of programming. Artists, vendors, and staff vehicles require access to the loading dock and box office area. 2. Increased number, types, and sizes of performances. Q. What is the driver and/or rationale behind this? A. Our goal is to provide more diverse programming at the GRFA from May to October. These improvements will allow this goal to be realized. This does not/will not change the current capacity of the 294 7 2023 FORD PARK MASTER PLAN | APPENDIX GRFA per performance, which is approximately 2600 to 2800 total capacity depending on the type of performance. Q. Have you discussed this with other stakeholders, and if so, do you have their support? A. We have discussed these proposed capital improvements with TOV staff, council, VVF Board, and Bravo! Vail. Each of these groups are supportive. Q. What physical enhancements are needed to accommodate desirable acts? 1. Truck entrance/Loading dock A. Our current plans would physically change/increase in size the Box Office, Loading Dock, North, South, and East Concessions, and staff offices and artist green rooms. Q. Pedestrian entrances, access/egress, parking A. We do not believe any of proposed changes would materially alter how guests enter or leave the venue nor would there be any change to current parking. Q. Circulation? A. We may need this question of circulation to be more specific, but as outlined above, we do not see any material change to how attendees circulate into, out of, or within the venue. Q. What management/operational changes have been considered to better accommodate desirable acts? A. Better maximization of calendar/scheduling as well as extending the performance season earlier/later. Added usable space will allow for increased staffing and an improved artist experience. 3. Staff and contractors regularly use the parking Spaces near the Amphitheater taking up limited available ADA parking. Q. How would you intend to manage staff and visitor parking given the growth that you anticipate? A. We do not anticipate that additional parking in close proximity to GRFA will ever be possible, so we do not see any changes needed specific to the main parking strategy for GRFA. During performance times, we are not aware that any of our staff use ADA parking, not do we allow vendors to use ADA parking during performance hours. We do feel that the turnaround area near the GRFA’s loading dock is not large enough for larger trucks or semi-trucks to turn around. We are not sure if it is even possible to expand this area but if it were possible, we would advocate for an expanded turnaround area near the GRFA loading dock. Q. How would you be affected if Betty Ford Way became closed to unauthorized vehicular traffic? A. We would need to learn more about what possible restrictions may go into place. Obviously, should no vehicle traffic be allowed to access the venue from the upper east ford park parking lot or from the west along Betty Ford Way, that would cripple the operations of GRFA for VVF, Bravo! Vail, and our third-party rental clients. Q. Anything else we need to know? A. We expect there are many more questions you, and our partner, TOV, will have. Scheduling a meeting to openly discuss, should allow us to answer everything you need. 295 8 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Nicola Ripley Executive Director, Betty Ford Alpine Gardens Dear Nicola: Thank you so much for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments that happen in Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans BFAG hopes to see for Ford Park. Plans, intentions, and visions that you do not share now will not be considered for inclusion in this Master Plan update. Please share this email with BFAG staff, leadership, and the Board of Directors as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that BFAG hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) BFAG, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (ie to get on a Board agenda), please let us know as soon as possible. 1. BFAG’s desire / goal of maintaining more planting areas throughout the park and establishing partnership maintenance agreements with the TOV. a) Have you identified specific areas of the park that you hope to manage? If so, please share a drawing or narrative identifying these areas. b) Do you currently have the capacity to maintain additional planting areas in Ford Park? c) What needs to happen internally at BFAG to make this happen (ie staffing, funding, space considerations, training)? d) What type of agreement would be necessary with the TOV to make this a reality? e) What ideas do you have for these “external” planting areas outside the bounds of the current lease area? How much maintenance would they require? 2. Garden perimeter fencing for special event security and closure and possible future admission fee operations. a) Is this a real consideration now or in the future? b) Do you intend to charge admission fees in the future? 296 9 2023 FORD PARK MASTER PLAN | APPENDIX c) If you do intend to charge admissions in the future, what sorts of structures, and in what locations, will be required to process admission fees? 3. Propagation and seed saving facilities. a) What is the driver of this? Is a seed bank a function of the BFAG organization that is not immediately connected to the physical gardens in Ford Park? b) What is the benefit to the community? c) Have you considered spaces outside of Ford Park? If so, where? 4. 1500 s.f. office space addition to the Education Center. a) What specifically would be housed in this space? Is it in addition to the propagation and/or seed saving facility? b) What is the driver of this addition? c) Can you confirm the space requirements? d) Do you have a drawing of how this addition could work? If not, please share the details in written format. e) Who is this space for? How does it benefit the community and Ford Park? f) Is office space the best use in Ford Park? g) What alternative solutions have you considered? h) Should Ford Park be the complete home of BFAG or is Ford Park one component of the Gardens? 5. Anything else we should know? The next step may be to follow-up meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 297 10 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Nicola Ripley Executive Director, Betty Ford Alpine Gardens Dear Nicola: Thank you so much for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments that happen in Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans BFAG hopes to see for Ford Park. Plans, intentions, and visions that you do not share now will not be considered for inclusion in this Master Plan update. Please share this email with BFAG staff, leadership, and the Board of Directors as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that BFAG hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) BFAG, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (ie to get on a Board agenda), please let us know as soon as possible. 1. BFAG’s desire / goal of maintaining more planting areas throughout the park and estab-lishing partnership maintenance agreements with the TOV. Betty Ford Alpine Garden Board has collectively planned and visioned a new Ford Park. We envision world class botanical gardens enveloping the existing facilities contained within Ford Park. Gardens would draw the visitor from the central village and parking lots and surround current and new facilities. We imagine a new state of the art visitor center surrounded by Gardens in place of the current tennis center. The riparian area, integral with the park, is restored with an understory of wildflowers and shrubs and having designated creek access points for fishing and enjoying the creek. A newly de-signed picnic shelter with a deck overlooking the creek offers environmental programs run by BFAG naturalists. Horticulture and science staff work in the new science build-ing adjacent to the maintenance building. Integration of BFAG operations with a redesigned state of the art Nature Center emphasizes Rocky Mountain ecosystems. Wildflower walks, new programming and cutting edge interpretation are on offer. The Nature Center is easily accessed from Ford Park and surrounded by restored meadows and woodlands. This vision, in partnership with the Town of Vail, would be of enormous benefit to the community and its visi- tors, both from a financial standpoint and positioning Vail as a leader in sustainable mountain destinations. The presence of a world class botanical garden leading North America in conservation of the alpine environment is an enormous carbon credit for 298 11 2023 FORD PARK MASTER PLAN | APPENDIX Vail, offsetting other areas that draw down its sustainability. Expanding BFAG could be that world class amenity the TOV is looking for to distinguish itself from other moun- tain communities. Betty Ford Alpine Gardens contributes significantly to Vail’s economy. Back in 2014, RRC Associates estimated the economic impact of the Gardens during the summer months to be $11 million. This was prior to the building of the Education Center and the COVID wave of outdoor visitors that continues today. Economic impact has in- creased significantly and can continue increasing. In 2023 BFAG has engaged Intercept Insight to update current economic impact based on new technologies that better track visitor movements. a) Have you identified specific areas of the park that you hope to manage? If so, please share a drawing or narrative identifying these areas. Yes. Enhancement Plan provided in 2020 210315 BFAG Enhancement Plan Short.pdf This updated map carries a bolder vision for building a grand entry to the Park and Gardens on the upper bench. Expanded gardens envelope the Amphitheater and create an extended area to enjoy gardens, relax in a central patio, enjoy some conces- sions provided at the adjacent visitor center. While adding new landscaping in under- developed strips would be an overall benefit to the Park, leading to and connecting existing gardens and facilities, finding an area to do a substantial enlargement would be transformational for the park. The site of the south tennis court may provide the best, most logical opportunity to make a significant impact on the size of the Gardens but we are open to all ideas. 230127 Ford Park Illustrative Master Plan with new garden.pdf b) Do you currently have the capacity to maintain additional planting areas in Ford Park? BFAG has capacity to maintain existing areas in Ford Park but would need to increase staffing to take on additional areas. c) What needs to happen internally at BFAG to make this happen (ie staffing, funding, space considerations, training)? The Gardens has the expertise to plan, prepare and manage additional areas of the park. Current staff includes a full time Curator of Plant Collections with 12 years experience at BFAG, graduate of the Longwood Professional Gardener Program, a full time Senior Horticulturist with a BSc in horticulture, and support of two seasonal horticultural college interns. Staffing and maintenance Additional staff anticipated: 1 full time horticulturist 2 seasonal gardeners Current Cost Analysis based on 2023 maintenance budget: 2 Horticultural Staff FT 190,000 Interns 9,000 x 2 18,000 Volunteers 1,500 Volunteer Manager 10,000 Actual Garden costs 86,000 (plants, soil, mulch, tools etc) Admin 35,000 (Total BFAG admin 70,000) Total $340,500 299 12 2023 FORD PARK MASTER PLAN | APPENDIX Additional future Costs: Staff FT horticulture 90,000 Seasonal 2 x 35 70,000 Additional Admin 12,000 Actual Garden Costs 40,000 Total $212,000 Total estimate $552,500.00 Proposed TOV contribution $250,000.00 Proposed BFAG contribution $302,500.00 Numbers depend upon how much of the proposed new areas is added to the BFAG lease area. Capital Costs Each new garden area would require one-time planning by a landscape architect, infrastructure changes such as soil removal and amendment, rocks, masonry and plant material. Followed by instal- lation and planting. For example, the new West Betty Ford Way water-smart bed funded by BFAG will cost $150,000 to plan and install (spring 2023). Please note this is garden maintenance alone and does not include any associated education and conservation programs. Space Considerations Building the maintenance staff would require additional staff space and equipment storage. BFAG is currently in need of more staff but is limited by space constraints. All staff are also supported by a dedicated team of volunteers and the Gardens would work to build this team. d) What type of agreement would be necessary with the TOV to make this a reality? BFAG would require adjustments to the current lease boundaries to encompass new areas that would come under BFAG management. Financially, the Gardens would also require a dedicated line item in the RETT budget. The scale of the proposed management area would require a long term commit- ment from the TOV. Considering the scale of the upgrades and cost of current maintenance, BFAG would suggest increas- ing the current TOV commitment to $250,000/year. e) What ideas do you have for these “external” planting areas outside the bounds of the current lease area? How much maintenance would they require? BFAG gardens follow a collections policy that guides decision-making for both new and existing areas. Considerations answer questions such as: what plants best suit the envi- ronmental conditions of the site; what is missing from the guest experience; what would build the diversity of the plant collections; what collections make sense from a conser- vation standpoint. For example, the new ‘water-wise’ garden being installed in 2023 on West Betty Ford Way is designed for increased educational demand concerning water thrifty landscapes. Areas currently managed and managed in the future by BFAG would not be traditional gardens or landscapes. For instance, riparian areas and Nature Center meadows would be thoughtfully restored and enhanced to preserve natural beauty and native plant diversity. 300 13 2023 FORD PARK MASTER PLAN | APPENDIX Maintenance requirements would vary for different areas but none would be added without fitting an overall garden plan. Added areas would be maintained in keeping with Betty Ford Alpine Gardens’ world class reputation. 2. Garden perimeter fencing for special event security and closure and possible future admission fee operations. a) Is this a real consideration now or in the future? If the Gardens brought in more expensive or elaborate exhibitions, fencing may become a necessity.. To date, event security fencing for a BFAG or VVF event has not been necessary. VVF has occasionally considered fencing as a possibility to prevent potential damage to the Gardens and illegal access to the Amphitheater venue. Since temporary fencing might require early closure and an unattractive condition for the Gardens, increased security is a preferable solution. b) Do you intend to charge admission fees in the future? While the financial commitment from the Town of Vail to the Gardens remains on a year to year basis, the possibility of charging an entrance fee can never be ruled out. BFAG’s 2020-2023 Strategic Plan will research the possibility of admission fees. Gardens around the country that have transitioned from free to fee have rarely regretted the move. For comparison, Denver Botanic Gardens, a 25 acre facility, charges $15/person for admittance and receives approx $5.5 million from Denver’s SCFD tax. Special events such as Blossoms of Light are an additional fee. c) If you intend to charge admissions in the future, what sorts of structures, and in what locations, will be required to process admission fees? Gating the Gardens would be challenging due to multiple entries. Some perimeter fencing, closing some existing entry/exit points and three unmanned gates with credit card activated entrances or a turnstile type of entrance are considerations. 3. Propagation and seed saving facilities. a) What is the driver of this? Is a seed bank a function of the BFAG organization that is not immediately connected to the physical gardens in Ford Park? Alpine plant seed banking is one of the main objectives of the 2020 North Ameri- can Botanic Gardens Strategy for Alpine Plant Conservation that Betty Ford Alpine Gardens has authored and is leading. A small seed bank to house seed collections from the Gardens and for conservation research in North America would not in itself take up a large amount of room. It could be accommodated easily in a small classroom-type space with an area devoted to seed preparation. Seed banking is the primary method of plant conservation and is necessary to be a leader in alpine plant conservation. This work is currently being done in a limited fashion in the alpine workshop at the Education Center and would not in and of itself require a second location. The need for a propagation facility has been resolved in the near term by the shared use of the TOV greenhouse at the Public Works facility. As long as this con- tinues, the urgent need for propagation space has been averted. This space will be used to build the quality of the plant collections at BFAG in the absence of special- ized nurseries. It will also be used to create germination protocols for Colorado’s alpine plants and to study the viability of seeds in storage, all part of a plant con- servation program and typical of work performed by other botanical gardens. An addition on the south end of the Maintenance buildings would potentially house both existing and additional horticultural staff as well as serve as a site for the Conservation team and seed storage program. It could be open to the public, and 301 14 2023 FORD PARK MASTER PLAN | APPENDIX would be handily located near existing maintenance equipment. This could serve one short term need of the Gardens especially until a plan for the tennis center location is resolved. b) What is the benefit to the community? The TOV has been designated as a Sustainable Destination, with requirements for maintaining the designation. Betty Ford Alpine Gardens is supporting the TOV as a leader in alpine plant conservation. Marketed well, this is a huge opportunity for the TOV to showcase their leadership in conservation and environmental sustainability. c) Have you considered spaces outside of Ford Park? If so, where? The TOV has recently given BFAG space in the Public Works facility greenhouse for seed propagation which will aid in the Gardens’ plant collection and conservation goals. BFAG is considering offsite storage for educational exhibits worthy of reuse, currently in BFAG mainte- nance bay storage space. 4. (1500 s.f.) office space addition. a) What specifically would be housed in this space? Is it in addition to the propagation and/or seed saving facility? Space for staff is the most urgent and critical need at present. The Education Center is above capacity for maintaining current operations and additional staff is necessary to meet the demands for educational programming, to accomplish the objectives of the Al- pine Plant Conservation Strategy, and to expand planting areas in Ford Park. All staff are actively engaged either with landscape maintenance or with visitor experience. There has also been an increase in the volunteer support base. Some programming could be moved from the current Education Center depending on the location selected for expansion. What is currently needed: ● Open plan staff desk space for present and anticipated future positions ● Indoor classroom space to run public programming throughout the year ● Conservation Center room with Seed bank and seed viability testing area Future needs: ● Summer camp accommodations - additional indoor space would enable BFAG day camp facilities and potential support for current VRD programming ● Summer plant sale space - a benefit offered by most botanical gardens ● Additional family programming b) What is the driver of this addition? There is simply a need for more space to perform all the Gardens’ functions. Betty Ford Alpine Gardens has grown exponentially as a botanic garden leader. The Gardens, which started with a $500k budget 10 years ago, has grown to $1.7 million today. The staff and volunteer base has also grown to a full time staff of 9 supported by about 20 summer and part time positions. They conduct environmental educational programs and events for Vail visitors, community members and national and international organizations . The staff has held leadership positions in the American Public Gardens Association, sit on national garden boards, and participate in national and international speaking tours. BFAG has been featured in USA Today, the Top 10 ‘Must See’ Public Gardens in the US, Horticulture Magazine 302 15 2023 FORD PARK MASTER PLAN | APPENDIX Award of Excellence, #2 Things to do in Vail on ‘Tripadvisor’, and other publications and sites. c) Can you confirm the space requirements? The square footage of space required would depend on the facility, its shared uses and location. 1500 square feet should be regarded as a minimum and may not serve the needs for the next 25 years. d) Do you have a drawing of how this addition could work? If not, please share the de- tails in written format. An addition to the existing Education Center is not a viable option. It would be very expensive, according to Dave Kaselak, architect of the current Education Center and many of the Ford Park buildings. He has assisted us with the rough analysis, shown below, of adding on to the Education Center. Environmental conditions around the building make it extremely difficult to build significant additional space. The space would be oddly shaped, making its use challenging. The Gardens has not hired an architectural firm because allocated space in Ford Park is dependent on the Ford Park Master Plan. Alternative options are preferred: Tennis Center - either remodeled or re-built the tennis center location would make a great expansion for Gardens programming. It is well located near parking and would be a logical entry feature to the Park. This could be large enough to serve the long term needs of the Gardens. Surrounded by Gardens in the future vision this could add enormously to the current visitor experience. Maintenance Building - the south end of the maintenance building is a logical location for horticultural and conservation staff, easing the burden on the current Education Center. It may not serve the long term needs of the Gardens but would be 303 16 2023 FORD PARK MASTER PLAN | APPENDIX a good solution for solving current space needs. e) Who is this space for? How does it benefit the community and Ford Park? The space would be used for conservation, education, horticultural, and interns as well as for gener- al operations. Any improvements that allow the Gardens to grow in size and stature would benefit Vail’s position as a leader in environmental issues. With a larger and more diverse staff, the organiza- tion has a broader bandwidth to conduct programming for a wider audience. The community would benefit by having access to more educational programs and events, and a professional staff on-site to learn from directly. Ford Park visitors would benefit from the elevated appearance and ecological integrity of park landscaping, as well as an exceptional educational and cultural experience. As men- tioned above this is a perfect opportunity for Vail to distinguish itself from other mountain communi- ties. f) Is office space the best use in Ford Park? Educational, conservational and horticultural staff are critical for operations in Ford Park. The Gar- dens has no staff who are predominantly administrative, and whose work is not associated with the Gardens directly, teaching visitors, improving the visitor experience or cultivating donors on site. Administrative staff are subcontracted off site ( bookkeeper, public relations and marketing research). Being in Ford Park, where over 100,000 public visit the site, has benefited BFAG’s ability to raise funds, resulting in the financially stable organization it is today. g) What alternative solutions have you considered? ● Providing education operations at the Vail Nature Center, including education and conservation staff in a redesigned facility ● Staff space at the VRD Tennis Center if VRD staff is relocated ● Staff space at maintenance building ● Possible space at a proposed new Cultural facility in Lionshead. h) Should Ford Park be the complete home of BFAG or is Ford Park one component of the Gardens? It is preferable to keep the organization centrally located - its operations and research opportunities gain strength around each other. If the conservation pro-gramming was forced to move out of Vail, it would be a loss for Vail’s environ- mental reputation and for the educated and inquisitive Vail visitor. Conservation staff (1 FT plus 1 summer college intern) run programs in the Gardens, work with horticultural staff on the alpine collections, provide seed to the propaga-tion staff, and other interactive functions. The conservation and research piece of Gardens’ operations may seem like something that could potentially move out of Vail. However, for BFAG, and in the case of most botanical gardens, the concerns about the environment are driving our membership base, and future development opportunities. Environmental issues and the Gardens’ conservation work are supporting our very successful funding model. Conservation is integrated in all of our educa-tional programs. 5. Anything else we should know? The next step may be to follow-up meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportuni-ties for addressing challenges through relationship-building and in partnership with other stake-holders. 304 17 2023 FORD PARK MASTER PLAN | APPENDIX BFAG is highly interested in the future of the Nature Center. Both the building and the surrounding environment are in need of restoration. BFAG would like to work with the TOV and provide financial resources to ensure its successful future. This community asset would serve some of the Gardens’ needs for expanded educational opportunities and space. Once the TOV has determined a future path for the Nature Center, BFAG looks forward to re-en-tering the conversation about its future. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 305 18 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Mike Ortiz Executive Director, Vail Recreation District Dear Mike: Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to identify the specific physical changes/plans the VRD hopes to see for Ford Park. Plans, intentions, and visions that you do not share with us now may not be considered for inclusion in this Master Plan update. Please share this email with VRD staff, leadership, and the Board of Directors as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes that VRD hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and tell us how your ideas will benefit 1) the VRD, 2) Ford Park and 3) the wider community. Also, please share anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (ie to get on a Board agenda), please let us know as soon as possible. 1.VRD maintenance vehicles have difficulty reaching the appropriate areas a)Where are the areas that you do not have sufficient access to? b)What kind of equipment and vehicles are you trying to get on the fields/to the maintenance area? c)What would you like to see changed to help improve this? d)What other maintenance activities are you having issues with? 2.Converting Tennis to Pickleball courts a)Is the VRD considering converting existing Tennis to Pickleball or creating additional Pickleball facilities? b)If this is a consideration, what is the key driver of this effort? c)Do you have a plan and schedule in place for this change? 3.Indoor Tennis/Pickleball facility a)Does the VRD see a need for and support for an indoor facility? b)What is the key driver of this effort? 306 19 2023 FORD PARK MASTER PLAN | APPENDIX c)Have you considered where this will be located? d)Are there currently any design drawings for a facility? e)How many winter parking spaces would be required for the facility? f)Have you considered options for this to be outside of Ford Park, and if so, where? 4.Relocation of administrative offices to Dobson Arena or other facilities outside of Ford Park a)Have you considered a timeline for the move? b)Are there any situations in which you would want to stay in Ford Park? c)How will the building be used after the move? d)Is the VRD open to additional non-VRD users sharing the building? 5.Consideration of a dedicated Ford Park Maintenance Staff to manage and maintain Ford Park and reduce overlap and redundancy of maintenance functions. a)What are the critical maintenance tasks your team is responsible for? b)Is your maintenance team responsible for any tasks outside of the VRD area? c)Are there tasks that you currently handle that you would want to pass off to a dedicated Ford Park Maintenance team? 6.Development of a maintenance facility at the Soccer Field Lot a)Have you developed design drawings of the facility? If so, can they be shared with us? b)What is the purpose of this facility and how is it different from other nearby VRD facilities? c)Could you envision sharing this facility with a dedicated Town of Vail Ford Park maintenance team? Could this space be shared with any other stakeholders? d)Would this facility be used for maintenance outside of Ford Park? e)What would need to be included in the maintenance facility? f)Would this facility require year-round access and parking? If so, how many spaces? g)VRD currently has a maintenance facility on Vail Valley Drive for the golf course, one at the soccer field, and one in Ford Park. Could they be combined in some way to maximize space? 7.Converting sports fields to artificial turf a)What would you lose from this change? b)Is there anything that you would gain? c)What are the future challenges you anticipate by maintaining turf as is? d)Do you currently monitor water use for the athletic fields? Can you provide records for water usage for the fields? 8.The park needs additional restrooms a)How many and where should these additional restrooms be located? 9.Anything else we should know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. 307 20 2023 FORD PARK MASTER PLAN | APPENDIX After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 308 21 2023 FORD PARK MASTER PLAN | APPENDIX 1. VRD maintenance vehicles have difficulty reaching the appropriate areas a) Where are the areas that you do not have sufficient access to? The west end of Ford Park sports fields. There is difficulty for any producer using the fields for a tournament or other event to adequately get equip- ment/tents/goals etc. onto the field, tournament director’s office and concessions. The paths around the field are not adequately wide enough for a vehicle to drive on, and there definitely is no room to pull off the path to not disrupt pedestrian flow. The narrowness of the paths has led to damage around the park. While we do not want vehicles on the playing surface itself no matter what the size of the event, they do need to be able to get things on and off the field. b) What kind of equipment and vehicles are you trying to get on the fields/to the maintenance area? The main issue is getting deliveries of materials in and out of the area. We have 12 to 15 deliveries a year by tractor trailer, which are “end-dumps” of sand for topdressing the fields. Currently trucks enter the west en- trance pull down past the maintenance area and back up to unload, then leave going to the east. This is the wrong way on Betty Ford Way. There is no space for drivers to back up and position their trailers next to the shop. The west gate is also very narrow to get through coming off Frontage Road. The issue for VRD vehicles is getting in and out during busy summer days. Betty Ford Way is extremely busy with pedestrians and bikers which makes it very difficult to get in and out safely with a truck and trailer during the day. Even in front of our shop is a public access walkway with pedestrians walking through regularly. We do the same as the tractor trailers but are in and out between 7:30 a.m. and 5:00 p.m. every day. Tents, goals, nets, scoreboards, inflatables, fencing etc. c) What would you like to see changed to help improve this? We believe this issue is partially being addressed currently. However, we’ve not been informed of the changes that are going to take place. Currently there is work being done to give more space next to the drain between the driveway accessing the shop and the field. We would like to see the west gate widened. The light pole on the east side of the Frontage Road needs to be moved so that trucks can make the turn onto Betty Ford Way from the westbound lane of Frontage Road. Currently, they must come from the eastbound lane, and swing into the westbound lane to make the turn onto the BFW. There is another light pole to the north of the drive into our shop that we would like to see moved as well. For VRD vehicles a dedicated shop at the soccer field on Vail Valley Drive where we can store all equipment, trucks, and trailers in one area. Wider entrances and exits to the paths, an entrance to the field without steps on the east side of the park. Pull of areas on the rest of the cement paths near current entrances d) What other maintenance activities are you having issues with? Having equipment stored in multiple different locations and not being able to keep all equipment stored inside a building. No office space and no break room facilities for staff. 2. Converting Tennis to Pickleball courts a) Is the VRD considering converting existing Tennis to Pickleball or creating additional Pickleball facilities? Currently, we are not considering converting tennis courts to Pickleball or creating additional Pickleball courts. b) If this is a consideration, what is the key driver of this effort? Lack of inventory to accommodate Vail residents and guests. There are several outdoor Pickleball facilities that have been built in the last two years in other communities in the valley. This has taken the pressure off our facility to accommodate so many non-residents. c) Do you have a plan and schedule in place for this change? 3. Indoor Tennis/Pickleball facility a) Does the VRD see a need for and support for an indoor facility? Currently, there is not a need for an indoor facility as our indoor program has room to accommodate more patrons. b) What is the key driver of this effort? Full programs, where demand exceeds supply. c) Have you considered where this will be located? d) Are there currently any design drawings for a facility? e) How many winter parking spaces would be required for the facility? f) Have you considered options for this to be outside of Ford Park, and if so, where? 4. Relocation of administrative offices to Dobson Arena or other facilities outside of Ford Park 309 22 2023 FORD PARK MASTER PLAN | APPENDIX a) Have you considered a timeline for the move? Currently, there isn’t space at Dobson Arena to move into. We are in the beginning stages of considering a complete renovation of the arena. b) Are there any situations in which you would want to stay in Ford Park? If there was renovation to the building it could be converted back into a tennis clubhouse with the administra- tive offices apart from the clubhouse. c) How will the building be used after the move? Offices and storage for Sports and a tennis clubhouse in the winter. The building would have to be renovated as there isn’t enough room now for staff or equipment. 5. Consideration of a dedicated Ford Park Maintenance Staff to manage and maintain Ford Park and reduce overlap and redundancy of maintenance functions. a) What are the critical maintenance tasks your team is responsible for? We are responsible for Ford Park sports field and surrounding area, events on Ford Park field, turf and orna- mentals around the tennis building and tennis courts, Tennis court maintenance, irrigation in these areas and Ford Park parking lot, and the Rugby field on Vail Valley Drive. b) Is your maintenance team responsible for any tasks outside of the VRD area? Outside of Ford Park we maintain Red Sandstone Elementary School field, Homestake Peak School stadium field, the soccer and baseball fields in Eagle-Vail, Donovan Park field, and Booth Falls tennis courts. c) Are there tasks that you currently handle that you would want to pass off to a dedicated Ford Park Mainte- nance team? No 6. Development of a maintenance facility at the Soccer Field Lot a) Have you developed design drawings of the facility? If so, can they be shared with us? We have conceptual drawings for this facility. We’d be happy to share these. b) What is the purpose of this facility and how is it different from other nearby VRD facilities? It would be for the Park Maintenance crew and equipment. Along with restrooms, and separate storage for the Sports Department, Rugby team, and events. c) Could you envision sharing this facility with a dedicated Town of Vail Ford Park maintenance team? Could this space be shared with any other stakeholders? It would be for the Park Maintenance crew and equipment. Along with restrooms, and separate storage for the Sports Department, Rugby team, and events. d) Would this facility be used for maintenance outside of Ford Park? Yes e) What would need to be included in the maintenance facility? - 75’ x 25’ floor = 1875 sq ft. For all Parks Maintenance equipment in one storage area, with a 10’x10’ office. Additional space for separate storage areas for concessions, sports equipment, rugby, and events. Three bay doors 10’ high to fit tractors, taller equipment and to allow fertilizer deliveries to fit in with a lift. Office and breakroom space. Racks and storage equipment for organizing the building. Outside wash station for cleaning equipment and mixing field paint. Outside storage area for sand and soil. Dumpster space for trash and recycling. Outside storage for trailer. Reserved parking for five staff members in the summer and one in the winter. Internet and phone Currently Ford Park storage 35’wide, 20’ deep, 8.5’tall The tractor does not fit due to height. We can only fit two carts and one mower safely in this unit. We always must park the tractor, sand tiller, workman and top dresser outside. We store equipment in a shed at Homestake Peak school which is not in very good shape or even belong to us. We also have equipment stored outside at the golf maintenance dump area, on the rugby field, and in the storage area of rugby field bathrooms. I would like to have everything stored at one facility to better oversee, maintain, and protect equipment. f) Would this facility require year-round access and parking? If so, how many spaces? Yes. One spot with year-round access, and five spots in the summer. g) VRD currently has a maintenance facility on Vail Valley Drive for the golf course, one at the soccer field, and one in Ford Park. Could they be combined in some way to maximize space? No. There is not enough space at golf maintenance as it is already full. 310 23 2023 FORD PARK MASTER PLAN | APPENDIX 7. Converting sports fields to artificial turf What would you lose from this change? Natural playing fields. The cooling effect of natural grass. Artificial turf can be 50 degrees hotter or more than natural grass. This affects players on the field and the surrounding environment. https://www.nrpa.org/parks-recreation-magazine/2019/may/synthetic-sports-fields-and-the-heat-island-ef- fect/#:~:text=Another%20study%20conducted%20at%20Brigham,skin%20contact%20in%20two%20sec- onds.%E2%80%9D Additional run-off into Gore Creek of plastic and crumb rubber infill. Ability to have multiple fields painted throughout the playing season or would need to scrub lines from the field for each different sports season. b) Is there anything you would gain? Less water used as irrigation needs would be reduced. Less fields materials i.e., sand, fertilizers, wetting agents, etc. c) What are the future challenges you anticipate by maintaining turf as is? d) Do you currently monitor water use for the athletic fields? Can you provide records for water usage for the fields? Yes. Ford Park water use (2014-2022).xlsb.csv 8. The park needs additional restrooms a) How many and where should these additional restrooms be located? We believe this is a discussion item with you, TOV and VRD staff. 311 24 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Molly Eppard Art in Public Places Coordinator, Town of Vail Dear Molly: Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans Art in Public Places hopes to see in Ford Park. Plans, intentions, and visions that you do not share now may not be considered for inclusion in this Master Plan update. Please share this email with your leadership, and the AIPP Board as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that AIPP hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) AIPP, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (ie to get on a Board agenda), please let us know as soon as possible. 1. Additional public art within Ford Park. a) Are there current plans for additional art to be installed? b) How should the project team consider the potential for additional art in spaces that may be redesigned through the master plan process? c) How does public art in Ford Park continue to be present and evolve over the next 10 years? 2. Plans for a new studio space and an artist residency in Ford Park. a) Can you describe the rationale for the change in the direction from renovating the existing art shack to constructing a new building in its place? Can you provide documents that support this change? b) How would this new structure contribute to Ford Park and the Vail community? c) Can you describe the public-facing components of the facility? How will pedestrian access to Gore Creek and along Betty Ford Way be maintained? d) Do you anticipate this facility will create demand for additional parking? e) Are there any new infrastructure or utility upgrades required for this facility? f) What support have you received from other stakeholders in the park? 312 25 2023 FORD PARK MASTER PLAN | APPENDIX g)Could this facility be combined with other park functions or is the intent that it remains separate? h)Can you confirm that the Gore Creek conservation zone will not be impacted by the new structure and its activities? Are there current architectural and site plan you can share? 3. Anything else we should know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 313 26 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan Team: January 26, 2023 Thank you again for your thoughtful consideration of Art in Public Places (AIPP) in the Ford Park Master Plan process. Ford Park is the cultural epicenter of Vail, especially during the summer months with activation of the Gerald R. Ford Amphitheater, the Betty Ford Alpine Gardens, as well as the visual arts. AIPP plans to continue to enrich and enhance the cultural experiences within Ford Park for both residents and guests, as the program has done for decades. As you may know, the first impression pedestrian entry points were an AIPP project to identify these locations with artistic portals created by Chevo Studios (2016). Prior to the permanent installation of Jesús Moroles’ Granite Amphitheater (1998/2011), this area of the park hosted numerous temporary environmental installations and art-on-loan displays. The town acquired a sculpture Branching Pattern (1999) by Robert Tully from one of the temporary sculpture exhibitions. Tully is the artist who created the popular play sculptures Ptarmigans (2000) within the Ford Park playground, as well as the artistic Seat Rock (1999) along the perimeter of the playground. The Singing Trees (2011), a Ford Park public art project, was a beetle-killed lodgepole environmental installation by Ben Roth and Brad Watsabaugh and awarded recognition by Americans for the Arts Public Art Network. Patrick Dougherty’s Stickwork (2018) environmental installation, located in the open turf area of the Commons, was a successful temporary work which engaged the public in both volunteer opportunities to build and interact with those observing the project construction. Volunteers traveled from across the country to participate in Dougherty’s Stickwork for Vail. Upon opening the installation, it provided the backdrop for multiple community activities from educational and youth field trips to family picnics and gatherings. AIPP resourcefully relocated a temporary crochet installation by the Ladies Fancywork Society (2020) from the Vail Public Library to the rooftop of the public restrooms. The delight of these temporary installations supports the continuation to incorporate memorable public art experiences within Ford Park. 1. Additional public art within Ford Park. a) Are there current plans for additional art to be installed? Yes. AIPP is installing a donated sculpture, Male Baseball #1 by Yoram Wolberger, at the eastern edge sidewalk entrance to the playing fields. AIPP presented this opportunity and location to the VRD in August 2022. It was met with approval from Mike Ortiz on behalf of VRD and we are planning the installation May 2023. This summer we are also sponsoring a temporary display of sculpture within the tented courtyard of the amphitheater. This collaboration with the Vail Valley Foundation is scheduled to take place in July. b) How should the project team consider the potential for additional art in spaces that may be redesigned through the master plan process? Clarification: We are interested in 314 27 2023 FORD PARK MASTER PLAN | APPENDIX hearing about how you see the AIPP growing within Ford Park. With the update of the Master Plan, we see a potential for design changes within the park, and we are curious if AIPP is interested in any changes to the existing art and/or has interest in the growth of the program to new spaces within the park. As design updates to the park are considered, how might we think about AIPP as being part of that? AIPP does not have plans to change existing art within Ford Park and expects the Jesús Moroles Granite Amphitheater installation to remain unaltered. There is interest in incorporating art within the surrounding areas of the Artist in Residency Studio, as well as other opportunities for temporary and environmental installations. The Artist in Residency studio will evolve to be the cornerstone of the AIPP program with potential to expand the existing collection. AIPP would be interested to include art or artist components with other future Ford Park improvement projects such as the Nature Center, Tennis Center, and other potential opportunities. As outlined as a Future Improvement in the 2013 Ford Park Master Plan: • Additional art installations within the Gore Creek Corridor. • Upgrade to Betty Ford Way: decorative pavers, seating areas, lighting and other streetscape improvements. c) How does public art in Ford Park continue to be present and evolve over the next 10 years? AIPP is in the process of a thorough Strategic Plan update. With our consulting team, the AIPP Board has identified the importance of continuing to engage the community with meaningful and memorable public art experiences. With the inclusion of the Artist in Residency Studio, public art will continue to have a presence and thrive in Ford Park. I will share the Strategic Plan as it is approved and adopted. 2. Plans for a new studio space and an artist residency in Ford Park. a) Can you describe the rationale for the change in the direction from renovating the existing art shack to constructing a new building in its place? Can you provide documents that support this change? The existing structure was not evaluated by a structural engineer until 2019. Working with Harry Teague Architects, who has vast experience and expertise in designing artist studios, cultural and civic centers, and older structures, these findings and report were presented to the Town Council. The following recommendation was ultimately met with unanimous support from Council to pursue further design development of a new structure. • May 4, 2021 – Town Council directs AIPP to pursue design development as recommended by staff after review of post-structural evaluation with Harry Teague Architects: o “Given the expense of working within and modifying an imperfect existing structure, with pretty much no useful components, it makes by far the most sense from an economic standpoint to build a new structure from scratch. In addition, a 315 28 2023 FORD PARK MASTER PLAN | APPENDIX new somewhat larger building could be designed within the site parameters and accommodate the anticipated arts uses.” *Council Memo, presentation, and evaluations from Harry Teague Architects attached. b) How would this new structure contribute to Ford Park and the Vail community? As presented to the Town Council, Vail lacks a dedicated visual arts space. Upon research of various arts campuses, studios, programs, and residencies in other mountain communities it became a glaring lapse that Vail does not have a dedicated visual arts space. Aspen https://www.redbrickaspen.com/ https://www.aspenartmuseum.org/about Anderson Ranch – Aspen/Snowmass https://www.andersonranch.org/programs/artists-in-residence-program/ Basalt – The Art Base https://theartbase.org/ Breckenridge https://www.breckcreate.org/ https://www.breckcreate.org/opportunities/tin-shop-call-to-artists/ Carbondale https://www.carbondalearts.com/exhibitions Crested Butte https://crestedbuttearts.org/ Steamboat https://www.steamboatcreates.org/ https://steamboatartmuseum.org/ Telluride https://www.telluridearts.org/studio-space Jackson Hole https://artassociation.org/ With the process of the AIPP Strategic Plan, the Board has outlined a program that will engage the community and artists alike. We are striving to provide a unique experience to ensure Vail stands out from other arts programs in mountain communities. We believe that with the development of this program the Artist in Residency will become the cornerstone of AIPP programming. c) Can you describe the public-facing components of the facility? How will pedestrian access to Gore Creek and along Betty Ford Way be maintained? 316 29 2023 FORD PARK MASTER PLAN | APPENDIX The artist studio entrance will be ADA accessible and facing existing public walkways. There will also be a large garage or sliding door facing north to allow for larger works of art to be brought in and out of the studio with ease. There are no plans to create any access to Gore Creek. There is an existing footpath to the creek just north of the Manor Vail Bridge, but AIPP does not plan to maintain that path nor encourage other access to the creek other than viewing it from the existing studio area. d) Do you anticipate this facility will create demand for additional parking? We anticipate any loading and unloading to occur at the existing pull-off areas by the Betty Ford Alpine Garden Education Center. For any community activation we would direct people to park in the Ford Park parking lot or the Vail Village Parking Structure. The artist may park in Ford Park parking lot while working. We are also exploring the use of an e-bicycle for the artist while in residency. e) Are there any new infrastructure or utility upgrades required for this facility? Yes. Utility tie into water/sewer mains in place, as well as an upgrade of electric. f) What support have you received from other stakeholders in the park? The proposed Artist in Residency Studio has been on the public and stakeholders’ radar for over two decades. The possibility of an Artist in Residency at the “art shack” was examined by the AIPP Board back in the early 2000’s. In 2003, the PEC granted a conditional use permit for the uses outlined by AIPP for this proposed program. In 2008, exterior renovations were approved by the DRB. Also in 2008, the approved Manor Vail development included a contribution of $50,000 towards developing an artist in residency studio at this Ford Park site. This mitigation was finalized in 2009. In 2016, the contribution was received from East West Partners (Manor Vail) to examine the possibilities of creating an arts studio. Below is a timeline for the design process of the Artist in Residency Studio. Over the past several years this project has been discussed with other stakeholders of the park and met with support. The most overwhelming support has been to upgrade the space by removing the deteriorating existing structure. It has often been referred to as an “eyesore” in these discussions. There is excitement about having a studio designed by Harry Teague who is a renowned and respected architect. • January 2009 – As a part of their approval for the redevelopment of Manor Vail, East West Partners committed $50,000 to be allocated towards a proposed artist in residency studio located in the small cabin across the bridge from Manor Vail and referred to as the “art shack”. • November 2013 - Ford Park Master Plan adopted: “The Creekside area is a narrow strip of land south of Betty Ford Way and north of Gore Creek. A few small structures (i.e. the “art shack”, an open-air picnic shelter) are located in this area. Art in Public Places (AIPP) may pursue remodeling or enhancing the art shack at some point in the future. AIPP had placed permanent art installations in this area and also runs summer art programs in this part of the Park. Art programs may 317 30 2023 FORD PARK MASTER PLAN | APPENDIX include activities such as interactive events, educational and participatory activities, and temporary art installations. The passive use and the limited number of permanent improvements within this area make it an excellent transition to the more natural, undisturbed Gore Creek Preservation Sub-area.” • December 2016 – Per the Manor Vail redevelopment agreement, the Town received $50,000 from East West Partners to explore the benefits of a dedicated visual arts space, investigate the possibility of renovating the existing cabin and pursue design development of an artist in residency studio. • December 17, 2019 – The Town Council was updated on the findings, report and structural engineering evaluation by Harry Teague Architects. • May 4, 2021 – Town Council directs AIPP to pursue design development as recommended by staff after review of post structural evaluation with Harry Teague Architects: o “Given the expense of working within and modifying an imperfect existing structure, with pretty much no useful components, it makes by far the most sense from an economic standpoint to build a new structure from scratch. In addition, a new somewhat larger building could be designed within the site parameters and accommodate the anticipated arts uses.” • October 2021 - $850,000 ($600,000 from RETT & $250,000 from AIPP) was allocated and approved in the 2022 budget by the Town Council for the construction of the artist studio space. • February 15, 2022 – The Town Council was updated on the design and program development of the artist in residency studio project. • October 3, 2022 – AIPP Board approves Artist in Residency Studio design as presented by Harry Teague Architects at monthly AIPP meeting. • January 3, 2023 – Presentation of the proposed art studio space design as approved by AIPP Board for the purposes of a year-round multi-disciplinary Artist in Residency Studio by principal architect Harry Teague of Harry Teague Architects, Basalt, CO. Town Council unanimously approves Town Staff and AIPP Board to pursue the Town approval process for the construction of the Artist in Residency Studio. g) Could this facility be combined with other park functions or is the intent that it remains separate? Clarification: This is a standard question asked to all the stakeholders. New spaces in Ford Park are at an extreme premium so we are looking for opportunities to create new shared spaces. We are curious to hear if you feel that the new building can be shared with any other stakeholders to address the need for additional space, storage, programming, etc. As an artist studio has unique needs, it is the intent that this facility remains separate. There may be collaborative opportunities with artist activations and other stakeholders, but not for activities outside of the arts. 318 31 2023 FORD PARK MASTER PLAN | APPENDIX h) Can you confirm that the Gore Creek conservation zone will not be impacted by the new structure and its activities? Are there current architectural and site plans you can share? Clarification: This question is about the placement and expected use of the new building as it pertains to the creek. The boundary of the Gore Creek Preservation Subarea passes within a few feet of the south side of the existing building. We are looking here to confirm there will be no encroachment into the subarea with the design and construction of the new building. To confirm this, it would be helpful to see some plans for the new studio. The Artist Studio and activities will remain within the designated Creekside location of identified in the greater Commons area of the 2013 Ford Park Master Plan. The new structure and activities will not encroach on the Gore Creek Preservation Subarea. The program’s focus is to provide a multi-disciplinary working artist studio. AIPP will collaborate with other Town owned facilities/assets, as well as Ford Park stakeholders for hosting larger gatherings around the art programs if necessary. Preliminary design plans attached. We look forward to further discussing AIPP’s participation in the Ford Park Master Plan Process and to answer any questions. With kindest regards, Molly Eppard Art in Public Places Coordinator Art in Public Places Board: Kathy Langenwalter, AIPP Board Chair Tracy Gordon Susanne Graff Courtney St. John Lindsea Stowe 319 32 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Caitlin Murray Executive Director, Bravo! Vail Dear Caitlin: Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans that Bravo! hopes to see in Ford Park. Plans, intentions, and visions that you do not share now may not be considered for inclusion in this Master Plan update. Please share this email with Bravo! Vail staff, leadership, and the Board of Directors as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that Bravo! hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) Bravo! Vail, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (i.e., to get on a Board agenda), please let us know as soon as possible. 1. Contributing to the Vail Valley Foundation (VVF) capital campaign to have a more permanent stake in the Gerald R. Ford Amphitheater. a) Are there any operational or physical changes to Ford Park that would be result of a more permanent relationship between Bravo! Vail and the Vail Valley Foundation? 2. Stronger partnership with the TOV. a) Please describe what this stronger partnership would look like. 3. Longer Bravo! Vail season. a) What is the driver of this? b) How do you see the season expanding? What types of performances? When? 4. Development of concerts outside of Ford Park. a) Does this require any physical changes to Ford Park to make this happen? 320 33 2023 FORD PARK MASTER PLAN | APPENDIX 5.Mobile concerts around Ford Park. a)Are you hoping that this becomes a more permanent part of your repertoire? b)What would inhibit you from doing this going forward? c)What sorts of physical changes to Ford Park would be required to make this happen? 6.Anything else we need to know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 321 34 2023 FORD PARK MASTER PLAN | APPENDIX Hello Hanah, I hope you are doing well. Sorry to come right up on your deadline here! My answers to the questions you sent are below, and please feel free to follow up if you need any clarification. Thank you for including us in this dis- cussion and I look forward to hearing from you. 1. Contributing to the Vail Valley Foundation (VVF) capital campaign to have a more permanent stake in the Gerald R. Ford Amphitheater. a) Are there any operational or physical changes to Ford Park that would be result of a more perma- nent relationship between Bravo! Vail and the Vail Valley Foundation? Bravo and the VVF are in current confidential discussions about this subject, and numerous considerations about capital improvements to the venue are already incorporated in the VVF’s plans for the upcoming re- model. The main priority is to expand the venue in ways that make it more feasible to turn the venue over on a short timeline (ie – The VVF could book a major act to perform in the venue on a “dark Bravo night” even though Bravo has an orchestra in residency at that time. The current backstage and storage constraints make this very difficult. 2. Stronger partnership with the TOV. a) Please describe what this stronger partnership would look like. We are very grateful for the support TOV provides Bravo, both financially and through the usage of certain venues like Donovan Pavilion. While we serve the entire Vail Valley, the majority of our work is focused within the Town of Vail. WE would like to be considered for greater financial support for those programs, and in turn provide greater marketing exposure for the town. We also believe that greater marketing collaboration could be beneficial to bot the town and Bravo, due in large part to the demographics of our audience and the type of visitor Bravo attracts to the town. Lodging of our orchestral partners has emerged as one of our biggest chal- lenges and most significantly increasing expense, and will undoubtedly become even more difficult in the years to come. We recognize that local hotels must be able to sell their rooms at a profitable rate as well, but we risk being priced out of housing in the Town, which would be incredibly problematic to our business model overall. Any assistance on this front to us and other local non-profits would be critically important to our long-term eco- nomic sustainability/ 3. Longer Bravo! Vail season. a) What is the driver of this? This is only a consideration at this point, and would likely not take place for many years, but there is interest in exploring the concept given how saturated the month of July has become, and how tourism patterns appear they may be shifting with guests coming early in May and June, and staying later into August and September. b) How do you see the season expanding? This could be having residencies earlier in May or June, or later in August (September is unlikely as most orchestras begin their own seasons in their home cities in early Sep- tember) What types of performances? When? Any performances/expansion would be similar to what Bravo current- ly presents – world class orchestra and chamber music. 4. Development of concerts outside of Ford Park. a) Does this require any physical changes to Ford Park to make this happen? No, This would be in reference to the possibility of the new concert venue or “cultural hub” that is currently under consideration. We have out- grown Donovan Pavilion for those concerts, and it presented some significant challenges for classical concert production so have moved those performances to the VPAC in Beaver Creek. Were there an appropriate sized indoor concert venue in Vail we believe we would be able to make use of it for numerous series/events. This is unrelated to Ford Park and its infrastructure. 5. Mobile concerts around Ford Park. a) Are you hoping that this becomes a more permanent part of your repertoire? We hope so! We created the “Music Box” in 2020 and have the ability to have mobile concerts with it. We plan to experiment with it at various locations this summer, possibly including the Vail Farmers Market. Lower Bench seems like an ideal location and we are interested in looking at a more robust series with the Music Box, both in Ford Park and 322 35 2023 FORD PARK MASTER PLAN | APPENDIX beyond, and believe this could be very beneficial throughout the Town of Vail. b) What would inhibit you from doing this going forward? Expenses, lack of sponsorship c) What sorts of physical changes to Ford Park would be required to make this happen? Nothing – we would be able to utilize existing areas like Lower Bench very effectively for these purposes 6. Anything else we need to know? • We also see parking and accessibility as major concerns at Ford Park. Parking is very limited, including even for our staff, and the line for patrons to access the lot is problematic as it moves slowly, backs up onto the frontage road, and leads to people making illegal turns to double back to the Village Structure. • In addition, while ADA standards are met in the number of handicapped spots, it is far below what our demo- graphic needs and is problematic for us on a nightly basis. Accessibility to the venue itself also poses a problem, with golf carts sharing the walking path with foot traffic. No matter how much we and the VVF spend or devote to golf carts, there are never enough. We dream of a trolley system that would accommodate many more and reduce the number of actual vehicles sharing the footpath with pedestrians. • Severe weather and evacuation plans are also a concern/issue for us at the GRFA. We are currently working with an emergency management/risk assessment expert to help address theses concerns, but it is worth mentioning here that it is difficult to impossible to evacuate the venue effectively in extreme weather conditions. (this may not be able to be addressed in this forum, but wanted to mention it) Thank you , Hanah, and please be in touch if you need anything from me. Have a great afternoon. Best, Caitlin Caitlin Murray (she/her) Executive Director 970.827.4318 2271 N Frontage Rd W, Suite C Vail, Colorado 81657 970.827.5700 Main BravoVail.org 323 36 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Mia Vlaar Economic Development Director, Town of Vail Dear Mia, Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans the Special Events Department hopes to see in Ford Park. Plans, intentions, and visions that you do not share now will not be considered for inclusion in this Master Plan update. Please share this email with Special Events staff and leadership as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that Special Events hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) Special Events, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (i.e., to get on a Board agenda), please let us know as soon as possible. 1. Desire for more and bigger events in Ford Park. a) What types of events would you like to see utilize Ford Park as a venue? b) What is the primary driver for this? c) Why is Ford Park appropriate for these events? d) Is Ford Park the only viable location for these events? e) What are the consequences if you cannot host these events in Ford Park? 2. Increased interest and desire to host winter programming to produce revenue. a) What management decisions and physical modifications do you feel need to be made to increase or accommodate more winter programming? b) What specific winter programming are you interested in hosting? c) Have you considered other venues in Vail to accommodate these events? 3. Expanded winter programming by Vail Nature Center, Alpine Gardens and Vail Rec. a) How should park maintenance and parking management respond to this growth? 4. Coordinate the Ford Park Master Plan with the Vail Destination Stewardship Plan. 324 37 2023 FORD PARK MASTER PLAN | APPENDIX a)How can the Ford Park Master Plan position the park to be a home for year-round residents as well as attract new types of sustainably minded visitors? b)How can Ford Park contribute to healthy outdoor lifestyles and experiences for locals and sustainably minded visitors? c)How can the Ford Park Master Plan align with or showcase the positive impacts of Vail’s climate initiatives? d)Do you have events in mind that will attract sustainably minded visitors and how can Ford Park be a venue for those events? e)Are there other specific policies, physical modifications or operational objectives that the Ford Park Master Plan should call attention to in order to better align with the intentions of the DSP? 5. Anything else you need us to know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 325 38 2023 FORD PARK MASTER PLAN | APPENDIX ECONOMIC DEVELOPMENT DEPARTMENT FORD PARK QUESTIONNAIRE RESPONSE The following response is generated from the Economic Development department, which includes Vail’s des- tination marketing organization comprised of Discover Vail marketing, group sales, special events, welcome centers, and supports the greater business community within the town of Vail. 1. Desire for more and bigger events in Ford Park. Our current special events strategy does not include an intent to host more or bigger events in Ford Park, so we are unclear where this assumption originated. Ford Park is used as a venue for special events when other options are less desirable for a variety of reasons, varying from the size of venue, access, access to local busi- nesses, or as a last resort when the size of the audience desired exceeds all other available options in Vail. The many athletic tournaments that are hosted in Ford Park are a tremendous economic driver, as is the Ford Amphitheater, Vail Recreation facilities, Betty Ford Alpine Gardens, the Vail Nature Center and the park itself. Most events hosted in the Town of Vail take place in the villages, both for to benefit village vibrancy and provide a positive impact on local business and the community. Occasionally events outgrow the ability of the villag- es to accommodate the numbers anticipated – an example is the Wine Festival hosted at the soccer field last summer. Ford Park should ideally continue to be considered as an option to host events as appropriate. While the layout of Ford Park is currently not ideal for all events due to limitations: location of curbs, sidewalks and fencing, driveways and gate access for large vehicles; it still presents a good opportunity to host special events due to the flexible nature of the space. In our experience, events at Ford Park, the lower bench, or in the park- ing lot could be operated more efficiently if the design of the park were more intentional in providing access as mentioned above for special events. a) What types of events would you like to see utilize Ford Park as a venue? Traditionally the Lower Bench has been used for special events, most recently during the pandemic to allow for more guests with greater distances between them. While we do not support using the Lower Bench as a regular venue, there are occasions where it provides the best option. The parking lot has been used for large concerts for many years. While not the ideal venue, is one of the largest spaces in Vail that is open for special event use – there are no indoor spaces to accommodate 4,000 +. In considering future use of Ford Park for special events, we would evaluate the type of event, timing of the event, attendance goals, seasonality, site impacts, etc. to determine venue is the best fit. We currently do not prefer this venue for special events as we have other options that create fewer conflicts with existing facilities and programming, and this venue does not currently support event operations. We recently hosted Magic of Lights Vail for two consecutive years during the pandemic and due to pandemic created limitations. While many venues were considered the Betty Ford Alpine Gardens and Ford Park were chosen as the very best option for this activation. Our focus is less about what types of events we would like to see utilizing Ford Park, and rather more about what events suit Ford Park best. b) What is the primary driver for this? As stated, beyond current uses outlined, Ford Park as a concert venue is a choice of last resort based on the lack of comparable venues in Vail to host 4,000 or more people. These concerts traditionally only occur in Winter. For other events throughout the year, we would look to find the most appropriate venue for events that provide the greatest benefit to the town and to the community, whether that venue is in the villages, in a private venue, on Vail Mountain property, or at Ford Park. c) Why is Ford Park appropriate for these events? As stated. d) Is Ford Park the only viable location for these events? There seems to be assumption here as stated above that in fact does not have basis in fact: Desire for more and bigger events in Ford Park. We would like to be very clear that there is no such desire, but we do intend to continue considering all venues within the town, including Ford Park, as possible special event venues all year round. e) What are the consequences if you cannot host these events in Ford Park? 326 39 2023 FORD PARK MASTER PLAN | APPENDIX Vail does not have a venue, indoor or outdoor, to accommodate 4,000 people or more in a concert format. One consequence could be an event wanting to host in Vail and having to decline and take the event to a different location to accommodate the anticipated attendance and event size. 2. Increased interest and desire to host winter programming to produce revenue. a) What management decisions and physical modifications do you feel need to be made to increase or accom- modate more winter programming? As stated above, the goal for economic development is not more winter programming. However, when an event is identified as the best fit for Vail and will draw an audience of 4,000 or more, Ford Park parking lot is the only viable option. This is traditionally a Spring Back style weekend concert in the early (December) or late (April) winter season. Recently, staff has reviewed proposals for hosting other programming, such the Ice Castles, and Ford Park was one option. If there is an event, activation, or proposal that comes to the town that meets our goals of eco- nomic vitality, sales tax revenue and benefit to the community, staff will continue to weigh all venue options and choose the best venue to achieve our goals. Sometimes Ford Park will be the best venue option. b) What specific winter programming are you interested in hosting? See above. We have yet to formulate our strategic plan for special events under new leadership so are unfortu- nately not able to weigh in on our future needs. c) Have you considered other venues in Vail to accommodate these events? Yes, we always consider all venue options to determine which works best to achieve the town’s goals. See above. 3. Expanded winter programming by Vail Nature Center, Alpine Gardens and Vail Rec. a) How should park maintenance and parking management respond to this growth? Programs should be evaluated for their impact on park maintenance and parking management and plans should be proposed to better manage the impacts of expanded winter programming. Incentives for taking the bus would be an example of a tactic to address and mitigate. We work closely with town departments through our Event Review Committee to carefully vet all impacts on the town and mitigate pain points. 4. Coordinate the Ford Park Master Plan with the Vail Destination Stewardship Plan. a) How can the Ford Park Master Plan position the park to be a home for year-round residents as well as at- tract new types of sustainably minded visitors? Ford Park is a public amenity of the town that offers a variety of experiences that cross cultural, socio econom- ic, interest, demographic and other lines. It’s a park with offerings for everyone. It should continue to be an asset for our entire community, both our 5,000 residents and our 2.5 million visitors. b) How can Ford Park contribute to healthy outdoor lifestyles and experiences for locals and sustainably mind- ed visitors? We believe it already does through existing programming primarily offered through the Vail Rec District, the Vail Nature Center and the Betty Ford Alpine Gardens. c) How can the Ford Park Master Plan align with or showcase the positive impacts of Vail’s climate initiatives? More programs like this: Fabrication of a Creative, Interactive Interpretive Installation Town of Vail Environmen- tal Sustainability Programs. Work closely with the Environmental Sustainability department to approach the park holistically and provide information and access to all. d) Do you have events in mind that will attract sustainably minded visitors and how can Ford Park be a venue for those events? We believe it already does through existing programming. Once the destination stewardship plan is finalized and adopted, we can address this interesting challenge as part of our soon to be developed special events strategy incorporating elements of the plan. e) Are there other specific policies, physical modifications, or operational objectives that the Ford Park Master Plan should call attention to in order to better align with the intentions of the DSP? We are currently vetting the plan and will have more information following director review of the draft in March. Meantime we would suggest as much education as possible around Gore Creek to protect our precious and endangered waterway! 327 40 2023 FORD PARK MASTER PLAN | APPENDIX 5. Anything else you need us to know? Are there other specific policies, physical modifications or operational objectives that the Ford Park Master Plan should call attention to better align with the intentions of the DSP? Comments on current design limitations: According to staff and partners who were involved, some elements of the initial redesign make it difficult for events to utilize the athletic fields. Vehicle access to the fields is limited and challenging. This has most nega- tively impacted the athletic events that the field was designed for, athletic events that bring tremendous eco- nomic value to the town. When larger events like the Lacrosse Tournament and Shootout are using the field, the rental companies, A/V companies, vendors, etc. must work extra hard to access the field and are limited in what they can do. Planning the remodel and master plan updates to be inclusive of these considerations for athletic tournaments and special events will result in a more accessible space for both the current users and open future opportunity for appropriate events, activities, etc. to use the facility to its maximum potential. 328 41 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Kristen Bertuglia Environmental Sustainability Director, Town of Vail Dear Kristen: Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans the Environmental Sustainability Department hopes to see for Ford Park. Plans, intentions, and visions that you do not share now will not be considered for inclusion in this Master Plan update. Please share this email with Environmental Sustainability Department staff and leadership as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that the Environmental Sustainability Department hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) Environmental Sustainability Department, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (i.e., to get on a Board agenda), please let us know as soon as possible. 1. Enhance zones of the Gore Creek Riparian Areas and add appropriate access points. a) What enhancements should be considered in the riparian areas of Ford Park? b) What additional stream walk enhancements are needed? c) Do you think the stream walk should accommodate year-round use (and therefore maintenance)? d) Are there access and safety improvements envisioned for the stream walk or in other areas that should be considered by this plan? e) What other considerations should the Master Plan Update address regarding water quality, wildlife protection, or habitat enhancement? 2. Preservation of the Nature Center grounds as a preserve. a) Does your team support the improvements to the Nature Center facility as outlined in the conceptual study by Hopkins Architecture? Why or why not? 329 42 2023 FORD PARK MASTER PLAN | APPENDIX b)What are the critical upgrades that would be necessary for the Nature Center and its grounds? For example: 1.Addressing ADA requirements 2.Utility service upgrades, including restrooms 3.Fire department access 4.Can you describe your vision for the Nature Center over the next ten years? 3.Maintenance and management of the Nature Center. a)Should the VNC be removed from the Gore Creek Preservation Sub-Area and established as a separate Sub-Area within Ford Park to allow for enhanced operations and maintenance? b)How do you currently maintain exterior spaces, landscape and structures of the Nature Center? c)Is there a more appropriate team to handle these maintenance tasks? d)What do you see as the critical management needs for the Nature Center? 4.The 2013 Ford Park Master Plan includes the Nature Center within the Gore Creek Preservation Sub-area. Following are some of the restrictions listed. •No new buildings are to be constructed in this sub-area. •Designated as an area to preserve the Gore Valley’s Natural History. •Improvements limited to low impact facilities. •No utility improvements are to be located within the sub-area. •How do these restrictions benefit or limit management and improvements to the Nature Center? a)Would you support the creation of a new and separate sub-area for the 7-acre Nature Center area within this master plan update? 5. Anything else we should know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 330 43 2023 FORD PARK MASTER PLAN | APPENDIX 1. Enhance zones of the Gore Creek Riparian Areas and add appropriate access points. a) What enhancements should be considered in the riparian areas of Ford Park? Improved and increased native vegetation. Some example areas include: Area 1- Betty Ford Way, between amphitheater and parking lot (more vegetation, clean-up of debris, rework or eliminate staircase). Area 2 – eroded areas of bank from bridge to VNC, far upstream end with severe erosion. Area 3 – stream access to the west of the VNC, below bridge, eroded bank for kayak access. Area 4 – parking vicinity – enhanced vegetation, potential for fish habitat improvement. b) What additional stream walk enhancements are needed? The stream walk should be preserved as a pervious surface natural pathway (i.e., no pavement). A boardwalk in this instance may be appropriate in order to preserve vegetation, limit social trail creation, allow for accessibility and prevent braiding due to mud several times per year. c) Do you think the stream walk should accommodate year-round use (and therefore maintenance)? No, this would create negative impacts on wetlands, water quality, wildlife and riparian habitat. d) Are there access and safety improvements envisioned for the stream walk or in other areas that should be considered by this plan? Yes, we certainly have identified the need for ADA accessibility at the stream walk but primarily the VNC path- ways. There are still social trails to be closed, and ongoing management at creek access points. e) What other considerations should the Master Plan Update address regarding water quality, wildlife protection, or habitat enhancement? Irrigation water use (goal to continue to limit and eliminate unnecessary turf grass), pesticide application (care to limit use and strive for organic approaches). There should be designated areas (zones) for wildlife habitat and protection into the future, adjacent to the VNC for example, but the area near the Manor Vail bridge etc. All decisions should consider impacts to Gore Creek water quality and macroinvertebrates, as well as fish, birds and other pollinators, beaver, moose, deer, mink, etc. 2. Preservation of the Nature Center grounds as a preserve. a) Does your team support the improvements to the Nature Center facility as outlined in the conceptual study by Hopkins Architecture? Why or why not? Broadly yes, the Vail Nature Center should serve as one the town’s world class experiences. Hopkins undertook a very extensive Phase 0 process that considered many viewpoints, community visions, and the practical con- siderations of running programs at the VNC location from Walking Mountains Science Center that are still very useful to inform decision-making today. Hopkin’s work, however, was completed before the Covid-19 pandemic, when perhaps there were different emphases and societal norms. While the options provided by Hopkins had potential, there are a range of upgrades that will need to be contemplated through a strategic visioning process with the Vail Town Council. This will include not just budgetary considerations but also who we serve today, what is our potential reach and what should the facility provide to the guest and to locals alike. The facility may not need to be a year-round facility, as that comes with a new level of impact, maintenance and expense, but should better integrate with town environmental, and education and outreach goals utilizing this outstanding location. b) What are the critical upgrades that would be necessary for the Nature Center and its grounds? At a minimum we must address ADA requirements, create a safe and usable permanent structure, create a comprehensive interpretive plan for the exhibits that are updated and fitting for a modern educational expe- rience. Utility service upgrades, including restrooms, fire department access. 331 44 2023 FORD PARK MASTER PLAN | APPENDIX 4. Can you describe your vision for the Nature Center over the next ten years? The Vail Nature Center holds a special place for the Vail community and provides a unique experience that other entities do not provide. The VNC is a quiet sanctuary with a preserved meadow and a modest but world-class building (remodeled and moderately expanded existing footprint), outdoor learning experience for all ages. It is a dynamic place that draws return visitors and locals alike. The grounds support wildlife and their habitat, and one can regularly view them on the site. The programs and exhibits are award-winning and unique, with a modern approach that does not only include the use of screens, but tactile and interactive, ex- perience-based learning. The best design elements from nature-based learning experiences are incorporated. The design of the building stands the test of time and integrates with the surrounding area. 3. Maintenance and management of the Nature Center. a) Should the VNC be removed from the Gore Creek Preservation Sub-Area and established as a separate Sub-Area within Ford Park to allow for enhanced operations and maintenance? Yes, if appropriate to allow for facility upgrades. The VNC area and vicinity should be re-designated as a preserve with new parameters, in order to maintain existing protections and perhaps carve out the building itself in order to accommodate needs. b) How do you currently maintain exterior spaces, landscape and structures of the Nature Center? The Walking Mountains team uses fully organic weed control, hand labor, for walkways, etc. and does perform regu- lar maintenance of the facility, yurt, teepee, outdoor classrooms, trails, and meadow. The Environmental and Public Works Departments contribute as needed with small maintenance and riparian area improvement projects. c) Is there a more appropriate team to handle these maintenance tasks? Moderate maintenance is appropriately handled however a maintenance plan approved by the town should be es- tablished. For larger issues (sign creation, larger projects etc. the town’s team has assisted). d) What do you see as the critical management needs for the Nature Center? Facilities maintenance, (main building, composting toilet, teepee, etc.) many will be addressed through a remodel with a modest ongoing maintenance budget handled by the town. In-depth guest analysis and program effective- ness, and addressing winter housing conditions for our Naturalists. 4. The 2013 Ford Park Master Plan includes the Nature Center within the Gore Creek Preservation Sub-area. Following are some of the restrictions listed. • No new buildings are to be constructed in this sub-area. • Designated as an area to preserve the Gore Valley’s Natural History. • Improvements limited to low impact facilities. • No utility improvements are to be located within the sub-area. • How do these restrictions benefit or limit management and improvements to the Nature Center? The restrictions have achieved their intent in maintaining the space as a low impact preserve and place of sanctuary within a very busy Ford Park. At this point as the building is in disrepair it is time to revisit in order to allow for building and utility improvements, while maintaining the intent of the preserve and as above, designat- ing more specifically areas to be preserved and maintained as natural spaces (i.e., not developed landscaped areas). a) Would you support the creation of a new and separate sub-area for the 7-acre Nature Center area within this master plan update? Yes, with parameters as stated above. 332 45 2023 FORD PARK MASTER PLAN | APPENDIX 5. Anything else we should know? Ford Park can serve as a model for the community as an example of a high use area that maintains healthy riparian corridors and supports human recreation, art, music, world-class gardens, access, and thriving habitat areas at the same time. The Nature Center programming through the town’s partnership with Walking Moun- tains provides a unique experience in environmental education and should be maintained as such. The WMSC model has been developed and perfected over many years with a best-in-class approach to learning. The town intends to better integrate our environmental and sustainability goals and utilize the location to draw our locals back to this special place through not only education, but art, music, and cultural experiences. While all of the VNC programs are still well-attended, over the past 3 years we’ve seen visitation drop, at first due to Covid-19, but now the ongoing use of the yurt and limited access to the facility does not make for an outstanding experi- ence. We look forward to discussing the next phase of opportunity. 333 46 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Stephanie Kashiwa Parking Supervisor, Town of Vail Dear Stephanie: Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans the Parking Operations team hopes to see in Ford Park. Plans, intentions, and visions that you do not share now may not be considered for inclusion in this Master Plan update. Please share this email with staff and leadership as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that Parking Operations hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) the Parking Team, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (i.e. to get on a Board agenda), please let us know as soon as possible. 1. Parking lot management and operational opportunities with new equipment installation for year- round visitation and special events. a) Can you describe any intended equipment upgrades or overall parking management changes in consideration? b) How well are existing parking facilities at Ford Park supporting park visitation? Winter and Summer? c) Do you see the dedicated special event transit operations to Ford expanding to include non- special event days? Are there any physical changes needed at the park to make this happen? d) Issues with the existing parking lot access from the Frontage Road have been identified. What do you feel are some options for correcting the situation? 2. Soccer Field parking lot operations and configuration a) Does your team see a need to reconfigure the Soccer Field lot? b) Do you foresee necessary seasonal or operational changes to this lot? c) How would a maintenance facility located adjacent to the soccer field lot impact the parking operations? 334 47 2023 FORD PARK MASTER PLAN | APPENDIX 3.There is regularly illegal and unapproved parking in the ADA Spaces near the Amphitheater. a)How would you intend to manage ADA access at Ford Park going forward if those spaces are no longer provided or if Betty Ford Way becomes closed to vehicular traffic? b)What kinds of physical changes to Ford Park would be needed to address this parking issue? 4.Expanded winter programming in Ford Park is under consideration. a)Can you describe your current plans (perhaps already in place) for increasing winter utilization of the Ford Park parking lot? b)Do you have any bigger ideas about increasing winter parking operations (i.e. underground parking or covering the fields in the winter to accommodate more parking)? c)What are the seasonal operational shifts you see in parking management for Ford Park or Vail more broadly? 5.Anything else we need to know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 335 48 2023 FORD PARK MASTER PLAN | APPENDIX Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) the Parking Team, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Parking lot management and operational opportunities with new equipment installation for year-round visitation and special events. a) Can you describe any intended equipment upgrades or overall parking management changes in consideration? a. We have just installed a new PARC system this past summer season. Fisher Parking and Security is the company that put the package of equipment and software together for us. Most of the equipment is TIBA, and the gates are Magnetic. We also use a pass management system called Zephire. b. We plan on installing variable massaging signs at every gated entrance. We have not yet decided on the equipment but are currently looking at Dynamic and Infotraffic. c. The Parking and Mobility Task Force meets to create a parking and mobility plan that they recommend to council for approval. The recent task force leaned towards utilizing the PARCS to manage parking demand to help achieve some of the town’s goals. Reducing parking transactions, encouraging alternate forms of transportation besides SOV (single occupied vehicles), and cutting back on emissions would help to get us towards our sustainability goals. The task force also focuses on supporting our economic drivers (guests, locals, and employees) as well as lessening the number of days we open up overflow parking on the frontage road. i. Perhaps guidance systems would be helpful in this and we could look into equipment for these purposes. A push to support growing demand for electric or even hydrogen vehicles has also been discussed, as well as managing a carpool lot, though we have not found a viable system solution for this. ii. A better wayfinding system both inside and outside the lots would be beneficial in helping us utilize open spaces. This would in turn keep frontage road parking down to a minimum. iii. Frontage Road parking is a safety concern for the parking team, guests, and community. It is also a poor guest experience for those looking for close in parking, and beneficial for some who enjoy the free parking on the road. We would love a better way to gather data and make that data usable to understand our parkers’ behavior. This would help our parking team make better operational decisions, and help our community benefit from the parking we can supply. d. With the new equipment, we have the option of doing pay at entry, or possibly even pay with a QR code, though we do not have an integration for that. This could help the flow of traffic in and out and help the guest have a less stressful experience. Again, we could use pricing to alter parker behavior to better utilize our parking spots and to encourage other forms of transportation that SOV. e. Benefits to the parking team: i. Better data utilization to help guests utilize parking ii. Less manpower needed to operate our parking lots iii. Lessen road parking days which creates a safety hazard f. Benefits to Ford Park 336 49 2023 FORD PARK MASTER PLAN | APPENDIX i. Better wayfinding to the park ii. Better wayfinding to parking and transportation options to the park iii. Better event traffic flow g. Benefits to the community i. Utilization of parking (Ford lot has been under utilized. This season to date, the lot has not filled.) ii. Better event experiences b) How well are existing parking facilities at Ford Park supporting park visitation? Winter and Summer? a. In the winter it is under utilized, and in the summer it is over utilized. i. Winter: 1. The entrance is awkward/hard to reach 2. It cannot be used overnight due to plowing 3. We are able to allow transient parkers in this year which we could not before, which I hope helps park utilization a. Pass holders are very vocal that they worry guests will take up all the parking b. I do know that this has made the park and gardens easily accessible to guests. 4. We often have a winter concert in the area that the lot and amphitheater have a hard time accommodating. a. This year the concert is being help at the amphitheater, and we are trying to determine best corse of action to support and evening event, passholders, and day parking. ii. Summer: 1. With our busy event season, the ford lot fills many days during the summer. 2. Many sporting events take place that participants feel it is too cumbersome to park in another lot and get on a bus 3. There is no good drop off area 4. There is a nest area that is accessed through the bus stop area which is not ideal be- cause guest often stop their vehicle in the bus lane. b. Parking team impacts: i. This lot is fairly far from the office which is not ideal when issues arise. Having this lot be well utilized also comes with the need for reliable equipment and communication with guests. c. Impacts to Ford Park i. The gardens are used by guests, and we have a few people who use this area to walk their dogs and the like. During the winter, there is a lot of underutilized recreational areas at Ford, but we also have a need to outlier parking. In the summer, the heavy use of the lot come partially from the convenience and underutilization of alternative modes of transportation such as foot paths or bus. d. Impacts to the community 337 50 2023 FORD PARK MASTER PLAN | APPENDIX i. The locals who work in the village core depend on an affordable parking area like this one. As an economic driver, it is important for us to support them. c) Do you see the dedicated special event transit operations to Ford expanding to include non-special event days? Are there any physical changes needed at the park to make this happen? a. I would defer this to Jordan Winters. I would like to see the wayfinding to the event buses a little easier to follow and understand. d) Issues with the existing parking lot access from the Frontage Road have been identified. What do you feel are some options for correcting the situation? a. Signage that helps guests find the entrance. b. Moving the island so that large vehicles can enter and so that the entrance stations can be reached from vehicles c. A rework of the flow and layout of the lot could be looked into, including the bus stop area. Soccer Field parking lot operations and configuration a) Does your team see a need to reconfigure the Soccer Field lot? a. Not particularly, though there seems to be some unutilized space towards the South end. If there was a possibility to add spots or create a small drop off area, that would be beneficial. If we had money to throw at it I believe a multilevel parking area would be very beneficial here. That could serve the high demand in the summer and provide village core employee parking in the winter. b) Do you foresee necessary seasonal or operational changes to this lot? a. Yes- These fields hold events that easily overfill this lot. It is also often used as a staging area for large events which takes away parking. This lot is very popular in the winter for locals and village core employ- ees. It is our first to fill in the mornings during the winter. Managing this demand will be important. c) How would a maintenance facility located adjacent to the soccer field lot impact the parking operations? a. Depends on who the maintenance facility is for. If it is internal, very little. 338 51 2023 FORD PARK MASTER PLAN | APPENDIX December 27, 2022 Charlie Turnbull Streets Superintendent, Town of Vail Dear Charlie, Thank you for your ongoing involvement in the Ford Park Master Plan Update. As you know, this update will guide the strategic initiatives and capital investments for Ford Park over the next 10 years. The next step is to confirm the specific physical changes/plans the Maintenance Team hopes to see for Ford Park. Plans, intentions, and visions that you do not share now may not be considered for inclusion in this Master Plan update. Please share this email with Maintenance staff, and leadership as you see fit to solicit input and confirm intentions. Below is a current list of ideas about potential changes we have heard that the Maintenance Team hopes to make in Ford Park, along with some questions to help guide the process. Please respond to each bullet, be specific and clear, and discuss how your ideas will benefit 1) the Maintenance Team, 2) Ford Park and 3) the wider community. Also, please include anything we might have missed or do not yet know about. Please provide responses by Tuesday, January 31st. If you need more time (ie to get on a Board agenda), please let us know as soon as possible. 1. Identification of under-maintained areas of Ford Park and design of appropriate landscape solutions to improve appearance. a) What opportunities exist for landscape improvements and beautification within Ford Park that your team believes are important? b) Are you currently able to, or do you plan to, address under-maintained areas in Ford Park with adequate maintenance and improved appearances? c) Do you have the necessary equipment, and is it logistically feasible for you to be tasked with wider park beautification tasks going forward? d) Would you be open to working with the Betty Ford Alpine Gardens to expand gardens and maintenance into undermaintained areas of the park? 2. Consideration of a dedicated Ford Park Maintenance Staff to manage and maintain Ford Park and reduce overlap and redundancy of maintenance functions. a) What are the critical maintenance tasks your team is responsible for? Mowing, plowing, restrooms, garbage – what else? 339 52 2023 FORD PARK MASTER PLAN | APPENDIX b)How big would a dedicated team need to be? c)Do you feel like the existing maintenance staff has the expertise to maintain the Park at a high level? d)What areas of the park would a dedicated maintenance team be responsible for maintaining? Would it include areas currently maintained by the VRD, BFAG or VVF? e)Is there an adequate existing facility for this team to operate out of, and store materials and equipment? If not, where ideally should it be and how big does it need to be? f)Would a partnership arrangement with the Betty Ford Alpine Gardens benefit your team’s capabilities – for example, if you no longer had to maintain Ford Park’s planting areas and flowerpots, but could instead focus on your core responsibilities? 3.Enhance zones of the Gore Creek Riparian Area and add appropriate access points. a)Do you feel like your existing team (or a future Ford Park dedicated team) is the appropriate group to manage pedestrian access along the banks of Gore Creek? b)If so, do you see specific areas along the creek in need of attention or enhancement or improved access? c)If not, who should be responsible for maintaining the creek corridor (planting, paths, access points, etc.)? 4.Anything else we should know? The next step may be to follow-up with a meeting to clarify intent and understand the details behind your responses. We are curious to hear about any alternatives that have been considered or opportunities for addressing challenges through relationship-building and in partnership with other stakeholders. After completing this step with the park stakeholders, we will begin a community engagement process where ideas can be vetted by the public. The combination of your vision, community input, and the collective goals and challenges of Ford Park will inform the framework of the final Master Plan Update, which we will continue to share as it progresses. Thank you for taking the time to complete this critical step. Please feel free to reach out with any questions or concerns. Sincerely, The Ford Park Master Plan Team 340 53 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan Update Stakeholder input – Response to Questions February 2, 2023 1. Identification of under-maintained areas of Ford Park and design of appropriate landscape solutions to improve appearance. a) What opportunities exist for landscape improvements and beautification within Ford Park that your team believes are important? Nature Center Bridge entrance, picnic shelter, native areas such as east side of tennis courts and “no man’s land” between tennis and EBFW, some areas around the playground, strip of hillside between SFR and ballfields b) Are you currently able to, or do you plan to, address under-maintained areas in Ford Park with ade-quate maintenance and improved appearances? Not currently. c) Do you have the necessary equipment, and is it logistically feasible for you to be tasked with wider park beautification tasks going forward? No. Currently Ford Park is just one of several park areas that the separate Park Maintenance, Irrigation, and Flower Crews maintain. The lack of places to park maintenance equipment on the Lower Bench is a limiting factor. With several crews needing to access the park daily there is frequently no place to park on the pavement. The one space that exists is often occupied by another crew or by someone from the Gardens. Just the flower crew comes with 4 trucks at once. The new space in front of the Ed Center needs to be formalized as utility vehicle parking for the Gardens but there still are not enough places to park maintenance vehicles. The turf grass suffers from compaction and poor soil structure. It never gets a break but there is no way to measure or count visitation. Grass roots are very shallow and tree roots are a problem in some areas. Needs some professional help. It is very hard to water efficiently. d) Would you be open to working with the Betty Ford Alpine Gardens to expand gardens and main-tenance into undermaintained areas of the park? Yes 2. Consideration of a dedicated Ford Park Maintenance Staff to manage and maintain Ford Park and reduce overlap and redundancy of maintenance functions. a) What are the critical maintenance tasks your team is responsible for? Mowing, plowing, restrooms, garbage – what else? Turf maintenance, Irrigation, Weed control, Playground inspection/maintenance, Perennial and shrub bed maintenance, Trash removal, Restroom janitorial (contracted 2x day), Street sweeping, Parking lot painting, Snow plowing, Snowplow damage repair. Typically, the park maintenance crew is in the park 4 hours per week with 5 guys; Flower crew is there every other week (if they can park) to maintain beds and have 1 person to water flower pots every day; Irrigation is there 5 hours per week; Trash is daily; janitorial is twice daily in the summer; facility mainte- nance and other maintenance is sporadic. b) How big would a dedicated team need to be? Probably 4 people with 2 utility vehicles. Consider though that the Gardens and the Rec District also have expertise in turf and landscape maintenance functions. Perhaps the “dedicated staff” is not the TOV. This concept needs to be “brainstormed” with VRD and BFAG to see how it could work. Perhaps the town funds an additional season position for each and VRD takes over turf/irrigation and BFAG takes over shrub and perennial maintenance, or something similar. c) Do you feel like the existing maintenance staff has the expertise to maintain the Park at a high lev- el? Not for every function. The Town does not have the professional turf/soil science background that the Rec District has. d) What areas of the park would a dedicated maintenance team be responsible for maintaining? Would it include areas currently maintained by the VRD, BFAG or VVF? Perhaps it’s the other way around. e) Is there an adequate existing facility for this team to operate out of, and store materials and equip- ment? If not, where ideally should it be and how big does it need to be? Not currently. Logical lo- 341 54 2023 FORD PARK MASTER PLAN | APPENDIX cations are the parking lot and the Soccer Field. Is it possible to expand the existing maintenance facility at the west end of the fields? f) Would a partnership arrangement with the Betty Ford Alpine Gardens benefit your team’s capa- bilities – for example, if you no longer had to maintain Ford Park’s planting areas and flowerpots, but could instead focus on your core responsibilities? Yes 3. Enhance zones of the Gore Creek Riparian Area and add appropriate access points. a) Do you feel like your existing team (or a future Ford Park dedicated team) is the appropriate group to manage pedestrian access along the banks of Gore Creek? No. We do not perform routine maintenance in the riparian area. We will remove dead and fallen trees on an as needed basis. This activity is very difficult given the limited access to the creek for the type of equipment needed. b) If so, do you see specific areas along the creek in need of attention or enhancement or improved access? The Ford Park riparian zones could use additional tree plantings to replace the numerous (60-70) trees removed over the past decade. c) If not, who should be responsible for maintaining the creek corridor (planting, paths, access points, etc.)? The riparian zones should be maintained as part of an overall town-wide program to maintain open space, riparian zones, and other ecologically sensitive areas. These areas should be managed for biological diversity (plant and animal), noxious weeds, fire mitigation, floodplain management, etc. 4. Anything else we should know? a) Wayfinding needs to be improved. The existing signs don’t make sense even if people notice them. b) The heavy use of the park is another limiting factor. Most days crews must be in the park by 7am and are forced out by 9am by the number of users. Special events and programs, often unscheduled (at least to the crews), sometimes prevent crews from performing maintenance functions. We can’t mow the lawn if there is a yoga class being held. Large special events that occur over several days make it particularly difficult to get the work done even knowing about them in advance. Events and programs need more coordination. For some time, the Council discouraged organized events and programs on the Lower Bench Turf. That seems to have changed with Covid. c) The park may need more restrooms. Sometimes there is a line waiting. d) Hauling landscape waste from the Gardens is a function the PW Crews do for them. This can be as much as 5 times a week at certain times of the year. Is there anywhere to place a dumpster that can be picked up and emptied? e) The Streamwalk to Vail Valley Drive by the athletic club could use some work. There are multiple type of aggre- gate material and erosion on the steeper parts. f) The access from the Nature Center Bridge to Vail Valley Drive could be improved. 342 55 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative Introduction Martin/Martin reviewed 8 locations within Ford Park, identified in the Overall Site Map, for ADA accessibility on June 21, 2023. From our observations, none of the locations shown herein meet accessibility requirements, most due to slope. Additional deficiencies include railing, landing, cross slope, and surface type requirements were found at these locations. The exhibits provided herein show the areas that were evaluated, recommended limits of reconstruction, and approximate locations where railings may be required. To provide a more detailed analysis for accessible routes within Ford Park, a detailed survey is required for all areas shown in this narrative. Martin/Martin recommends any improvements to the areas shown to be reviewed by an ADA specialist prior to design and reconstruction. Overall Site Map 343 56 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 2 | 9 Basketball Route Reconstruction from upper playground to bathroom facility is recommended. Ramps, landings, and handrails will be required for the entire length of reconstruction. Sections that do not require landings have slopes of less than 5%. Breaks in handrails can be provided where connection points occur to the basketball court and education building. Connection points will be required to be modified as grades differ from 1.75 to 3.60 feet, as shown below. 344 57 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 3 | 9 Garden Route Full reconstruction is recommended. Ramps, landings, and handrails will be required where shown below. Option shown below includes full reconstruction of the lower bridge, to change grade and minimize handrails within the garden. If the lower bridge is not raised, reconstruction of ramps between the bridges with railings will be required. As shown below, ramp and railing section extend 5-10’ into plaza area. Connection points to adjacent stairs throughout the garden will require minor modifications. 345 58 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 4 | 9 Playground Route Access to the playground is generally compliant. The ramp shown below requires minor modifications including replacement of sidewalk pavers at the top of the ramp and modifications to the landing to meet current ADA standards. 346 59 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 5 | 9 Vail Valley Drive to Nature Center Bridge This route was recently constructed, but not within the correct tolerance to achieve compliance. Full reconstruction is recommended. Reconstruction would slightly modify elevations along the route. It is anticipated that minimal impact to adjacent retaining walls and slopes will occur. Ramps, landings, and handrails will be required in locations similar to the existing condition. 347 60 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 6 | 9 Nature Center Bridge to Nature Center This route was previously designed by Martin/Martin but never constructed. The previous designs have minimal impact to tree roots by reducing cut scenarios wherever possible. Designs also have minimal impact to timber edges. Proper surfacing will be required along the entire route. Accessible accommodations for viewing areas and signage should be considered. 348 61 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 7 | 9 Vail Valley Drive to Nature Center Construction of an accessible route will require new ramps, railings, and landings from Vail Valley Drive to the connection point with the Nature Center Path. Additional sidewalk is shown along Vail Valley Drive for access to the parking lot across the street. 349 62 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 8 | 9 Manor Vail to Ford Park An accessible route through Manor Vail will require reconstruction in various areas throughout the route. Minor areas with missing pavers were discovered throughout Manor Vail, where spot paver replacement will be required. The asphalt path west of Manor Vail bridge was observed to be out of compliance in minor areas. The asphalt path in areas exceeding ADA compliance will require replacement. Observation of the Manor Vail bridge concluded that gaps between wooden slats exceed ADA compliance and require replacement. Reconstruction of 2 ADA ramps on either side of Vail Valley Drive is required, as well as the construction of a compliant crosswalk. Additionally, due to out of compliant slopes, reconstruction involving railings and ramps with landings will be required from the western Vail Valley Drive ramp to the Golden Peak Bus Stop. 350 63 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan – Accessible Route Narrative September 8, 2023 P a g e 9 | 9 S Frontage Rd. E to Ford Park Access from S Frontage Rd E was not reconstructed as part of the ballfield project several years ago. The existing slope exceeds ADA requirements and will require reconstruction. The improvements will likely include ramps with landings for the length of the ramp. 351 64 2023 FORD PARK MASTER PLAN | APPENDIX 1 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VVF LEASE AMEND-A021116.DOCX AMENDMENT TO LEASE This AMENDMENT TO LEASE (the "Amendment") is made and entered into on the ______ day of __________, 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town"), and the VAIL VALLEY FOUNDATION (the "Foundation"), a Colorado nonprofit corporation (each individually a "Party" and collectively the "Parties"). WHEREAS, on August 18, 2000, the Town and the Foundation entered into a lease (the "Lease") for certain areas within Ford Park (the "Leased Premises"); WHEREAS, on July 1, 2007, the Lease term was extended to May 31, 2038; WHEREAS, significant capital improvements were added to the Leased Premises in 2014; WHEREAS, certain adjustments and corrections need to be made to the boundaries of the Leased Premises; and WHEREAS, the Parties desire to amend the Lease pursuant to Section 21 of the Lease. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Exhibit A-1, attached hereto and incorporated herein by this reference, shall replace the Exhibit A originally attached to the Lease. 2. Section 19 of the Lease is deleted in its entirety and replaced with the following new Section 19: 19. General Maintenance. The Town and the Foundation shall be responsible for general maintenance of Ford Park as set forth in Exhibit B-1, attached hereto and incorporated herein by this reference. General maintenance shall include without limitation the following: A) Interior Maintenance: i. Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. iii. Painting the interior of the building as needed, ensuring that any scratches or dents in the paint or walls are properly repaired. 352 65 2023 FORD PARK MASTER PLAN | APPENDIX 2 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VVF LEASE AMEND-A021116.DOCX iv. Repairing and maintaining floors and shampooing any carpets as needed and repairing and cleaning any marks in a prompt manner. v. Ensuring that all bathroom facilities are operating properly and repairing the same in a prompt manner. vi. Providing janitorial service for regular and consistent cleaning of the facility; including daily or hourly services as needed. vii. If public restrooms are a service being provided, ensuring the restrooms are properly stocked with the necessary supplies. viii. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. B) Exterior Maintenance: i. Regularly maintaining and planting shrubs and perennial and annual flowers to prevent an unkempt appearance created by overgrown plant growth or invasive weeds, including general trimming of shrubs and ground cover to maintain a natural, characteristic shape. ii. Mowing grass regularly and at a frequency as to not remove more than 1/3 length of grass blades. iii. Maintaining lawn grass at 2" in height or less, other than native grasses, which shall not exceed 36" in height. iv. Watering and fertilizing lawns and garden areas appropriately to prevent browning of grass and plants. v. Keeping lawns and garden areas neat and free of weeds. vi. Removing grass clippings from streets and sidewalks after mowing. vii. Edging grass periodically, and at least monthly during the growing season, to maintain a clean, trimmed edge. viii. Pruning trees to remove dead limbs and suckers, to maintain the general natural shape characteristic of the species, and to remove limbs that endanger property (i.e. fences, buildings). ix. Trimming tree branches over sidewalks to at least 10' in height. x. Replacing and repairing turf as needed. 353 66 2023 FORD PARK MASTER PLAN | APPENDIX 3 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VVF LEASE AMEND-A021116.DOCX xi. Clearing sidewalks of debris and snow within each Leased Premises as set forth in Exhibit A-1 as necessary. xii. Maintaining irrigation systems year round, including winterization and blowing out of systems prior to freezing temperatures. xiii. Washing exterior surfaces as required. xiv. Repairing and repainting exterior painted surfaces as needed, ensuring that any scratches or dents in the paint or walls are properly repaired. xv. Maintaining and inspecting fences and gates regularly and ensuring fences and gates are closed. xvi. Performing litter patrol on a daily basis. xvii. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. C) Areas of Joint Responsibility. At the time of execution of this Amendment, the Town leases other portions of Ford Park to third parties, Vail Recreation District and Betty Ford Alpine Gardens. The Foundation shall share in the responsibility for maintaining the following area in accordance with this Amendment with those third parties: the Trash Building, as shown on Exhibit A-1. 3. A new Section 28 is added to the Lease, to read as follows: 28. Capital Maintenance Responsibilities. The Town and the Lessee Parties shall be responsible for capital maintenance of Ford Park as set forth in Exhibit B- 1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: A) Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. B) Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking lots. 4. A new Section 29 is added to the Lease, to read as follows: 29. Conditional Use Permits and Rules. The Foundation's use of the Leased Premises shall comply with the terms of any conditional use permit ("CUP") 354 67 2023 FORD PARK MASTER PLAN | APPENDIX 4 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VVF LEASE AMEND-A021116.DOCX approved by the Town for the Leased Premises, as well as any rules adopted by the Town governing the use of the Leased Premises and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. 5. If there is a conflict between the Lease and this Amendment, this Amendment shall control. 6. All provisions of the Lease not expressly amended in this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Town and the Foundation have executed this Amendment as of the date first set forth above. TOWN OF VAIL: ________________________________ Stan Zemler, Town Manager ATTEST: _____________________________ Patty McKenny, Town Clerk VAIL VALLEY FOUNDATION ________________________________ Title: ___________________________ 355 68 2023 FORD PARK MASTER PLAN | APPENDIX 1 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX BETTY FORD ALPINE GARDENS LEASE THIS BETTY FORD ALPINE GARDENS LEASE (the "Lease") is made and entered into as of the ____ day of ________, 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the “Town”), and the BETTY FORD ALPINE GARDENS, a Colorado nonprofit corporation ("Alpine Gardens") (each individually a "Party" and collectively the "Parties"). WHEREAS, on May 22, 1997, the Town and the Vail Alpine Garden Foundation originally entered into to lease for the alpine garden located within Ford Park and the Town granted the Vail Alpine Garden Foundation a license for the alpine garden display within the Gerald R. Ford Amphitheater; WHEREAS, since that time, the Vail Alpine Garden Foundation changed its name to Betty Ford Alpine Gardens; WHEREAS, the term of the original lease extends to May 30, 2046; WHEREAS, to reflect the changes in the boundaries of the Leased Premises, as well as the change in name of Alpine Gardens and the construction of the Betty Ford Alpine Gardens Education Center, the Parties wish to terminate the prior lease and enter into a new lease; and WHEREAS, the Parties agree to work together and to cooperate in a reasonable manner to effectuate the terms of this Lease. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Termination of Prior Lease. The lease and license between the Town and the Vail Alpine Garden Foundation dated May 22, 1997 is hereby terminated and replaced with this Lease. 2. Leased Premises. Pursuant to the provisions of this Lease, the Town hereby leases to Alpine Gardens the real property and any improvements designated as leased to Alpine Gardens on Exhibit A-1, attached hereto and incorporated herein by this reference. 3. Licensed Premises. The Town hereby grants to Alpine Gardens a non-exclusive license for the sole purpose of using the three southern bays of the West Maintenance Building for operations of Alpine Gardens. 4. Term. a. Unless sooner terminated as provided herein, the term of this Lease shall be 31 years from the Effective Date. 356 69 2023 FORD PARK MASTER PLAN | APPENDIX 2 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX b. Upon expiration or termination of this Lease, Alpine Gardens' right to use the Leased Premises and the Licensed Premises and all improvements thereon shall cease. 5. Breach. a. If Alpine Gardens fails to perform any of its obligations under this Lease, the Town shall provide Alpine Gardens with written notice of the breach. Alpine Gardens shall have 15 days after the date of the notice to cure the breach. If a longer period is reasonably required to cure the breach and the cure is promptly begun, such cure period shall be extended for as long as the cure is being diligently undertaken to completion, as determined by the Town. b. If Alpine Gardens fails to cure the breach within 15 days after the date of the notice and a cure is not diligently being undertaken, the Town may, in its sole discretion, cure the breach without additional notice to Alpine Gardens. If the Town chooses to cure the breach, Alpine Gardens shall be liable for the costs and fees that the Town expends to cure the breach, including any costs resulting from the work of Town employees. Alpine Gardens' liability for costs and fees associated with curing a breach shall survive the termination of this Lease. c. In addition to curing a breach by Alpine Gardens, the Town may, in its sole discretion, terminate this Lease as a result of Alpine Gardens’ failure to cure the breach. If the Town chooses to terminate this Lease under this subsection, it shall give Alpine Gardens 30 days written notice. 6. Net Lease. This Lease shall be a net lease, and throughout the Term, all payments and other obligations or liabilities of any kind regarding the Leased Premises or the Licensed Premises shall be solely the responsibility of Alpine Gardens and not the responsibility of the Town. 7. Utilities. During the term of this Lease, Alpine Gardens shall be solely responsible for payment of all utilities related to its use of the Leased Premises and the Licensed Premises. Notwithstanding the foregoing, the Town shall be responsible for the cost of providing water to the plantings on the Leased Premises, but not the cost of water to the Alpine Gardens Education Center, as long as the water usage for the plantings is consistent with historical use. 8. General Maintenance. Alpine Gardens shall be responsible for all maintenance of the Leased and Licensed Premises, including without limitation the following: a. Interior Maintenance. i. Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. 357 70 2023 FORD PARK MASTER PLAN | APPENDIX 3 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. iii. Painting or staining the interior elements of the building as needed. iv. On a semi-annual basis, at a minimum, ensuring that any scratches or dents in the paint or walls are properly repaired. v. Repairing and maintaining floors and shampooing any carpets as needed and at a minimum on an annual basis and repairing and cleaning any marks in a prompt manner. vi. Ensuring all bathroom facilities are operating properly and repairing the same in a prompt manner. vii. Providing janitorial service for regular and consistent cleaning of the facility; including daily or hourly services as needed. viii. If public restrooms are provided, ensuring that the restrooms are properly stocked with the necessary supplies. ix. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. b. Exterior Maintenance. i. Maintaining plantings, irrigation systems, water features, interpretive elements, structures and other improvements to a level of quality consistent with that of an internationally recognized botanical garden in a resort community. ii. Cleaning exterior surfaces as needed, but at a minimum on a annual basis. iii. Painting or staining the exterior of buildings as needed. iv. On a semi-annual basis, at a minimum, ensuring that any scratches or dents in the walls are properly repaired. v. Maintaining and inspecting fences and gates regularly and ensuring fences and gates are closed. vi. Performing litter patrol on a daily basis. vii. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. c. Areas of Joint Responsibility. Alpine Gardens acknowledges that the Town leases other portions of Ford Park to third parties (the Vail Valley Foundation and the Vail 358 71 2023 FORD PARK MASTER PLAN | APPENDIX 4 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX Recreation District). Alpine Gardens shall share with those third parties the responsibility for maintaining the following areas: the Trash Building, and the West Restrooms/Maintenance Building all as shown on Exhibit A-1. Alpine Gardens shall share with the Town the responsibility for maintaining the School House, as shown on Exhibit A-1. d. Maintenance Log. Alpine Gardens shall maintain a log of capital maintenance activities which satisfy its obligations under this Lease. e. Annual Review. On an annual basis, the Town will meet with Alpine Gardens to discuss the maintenance and operation of the Leased Premises, compliance with this Agreement, any potential capital expenditures and projects and any other matters concerning Ford Park. 9. Capital Maintenance. The Town and Alpine Gardens shall be responsible for capital maintenance as set forth in Exhibit B-1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: a. Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. b. Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking lots. 10. Payment of Taxes and Fees. During the term of this Lease, Alpine Gardens shall promptly pay all taxes, assessments, water and sewer rates and charges, charges and fees for public utilities, licenses and permit fees, and other government charges that may be assessed on the Leased Premises or the Licensed Premises during the term of this Lease. Alpine Gardens shall pay all such taxes and fees prior to the assessment of any fine, penalty, interest or cost that may be added, become due, or be imposed for nonpayment. 11. No Lien. Alpine Gardens agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the Leased Premises or the Licensed Premises any lien or claim of any kind during the terms of this Lease; if such lien or claim is filed, Alpine Gardens, within 30 days after receipt of notice of such lien or claim, shall cause the lien to be released. 12. Use of Premises. a. Alpine Gardens shall use the Leased Premises or the Licensed Premises for construction, maintenance and operation of the alpine gardens and education center. 359 72 2023 FORD PARK MASTER PLAN | APPENDIX 5 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX b. Any expansion of the size of the gardens must be approved in writing by the Town. c. The use of the Leased Premises and the Licensed Premises shall comply with the terms of any conditional use permit ("CUP") approved by the Town for the Leased Premises and the Licensed Premises, as well as any rules adopted by the Town governing the use of the Leased Premises or the Licensed Premises, and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. d. Alpine Gardens shall keep the Leased Premises and the Licensed Premises, other than secure areas, open to the public as required by the current operations plan approved with the conditional use permit for the Leased Premises and the Licensed Premises. 13. Storage. No materials, equipment or barriers shall be stored in storage areas which are not screened from view, except on a temporary basis with prior written approval from the Town. 14. Trash. Alpine Gardens is responsible for trash removal associated with its activities under this Lease, at its own cost. 15. Existing Conditions. As of the Effective Date, Alpine Gardens has inspected the physical condition of the Property and receives the Leased Premises and the Licensed Premises in "as is" condition, with all faults. The Town makes no representations or warranties with respect to the condition of the Leased Premises or the Licensed Premises or their fitness or availability for any particular use, and the Town shall not be liable to Tenant for any latent or patent defects. 16. Improvements. Alpine Gardens may construct improvements on the Leased Premises in compliance with all applicable conditional use permits and requirements of the Vail Town Code. At the expiration or termination of this Lease, all improvements shall become the property of the Town except for the plantings, which may be removed by Alpine Gardens in its sole discretion. 17. Hazardous Materials. a. Though the Town has no actual knowledge of the presence of any hazardous materials or other adverse environmental conditions on the Leased Premises or the Licensed Premises, the Town makes no warranty regarding such materials or conditions. b. Alpine Gardens shall keep and maintain the Leased Premises and the Licensed Premises in compliance with, and shall not cause or permit the Leased Premises or the Licensed Premises to be in violation of, any federal, state, or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions ("Hazardous Materials Laws") on, under, about, or affecting the Property. Tenant shall not use, generate, manufacture, store, or dispose of on, under or about the Leased 360 73 2023 FORD PARK MASTER PLAN | APPENDIX 6 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX Premises or the Licensed Premises or transport to or from the Leased Premises or the Licensed Premises any flammable explosives, radioactive materials, hazardous wastes, asbestos, lead-based paints, toxic substances, or related materials, including without limitation any substances defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, or toxic substances under any applicable federal or state laws or regulations. 18. Board Member. The Town is entitled to appoint a representative to Alpine Gardens Board of Directors, to assist in planning events and uses of the Leased Premises and the and Licensed Premises. Such member may be a voting member or a non-voting member, at the discretion of the Board of Directors. 19. Financial Statements. Upon request of the Town, Alpine Gardens shall provide the Town with a copy of its annual financial statement, including balance sheets, profit/loss statements and earmarked endowment funds. 20. Insurance. At all times during the term of this Lease, Alpine Gardens, at its own cost, shall carry and maintain adequate insurance policies to insure against all liability, claims, demands and other obligations associated with this Lease. At a minimum, Alpine Gardens shall procure and maintain the following insurance coverages listed below, with forms and insurers acceptable to the Town: a. Workers' Compensation coverage as required by law. b. Fire and Extended Loss coverage for all improvements on the Leased Premises, in an amount equal to 100% of the replacement cost of such improvements, naming the Town as an additional insured. c. The following coverages in minimum amounts of $1,000,000 for each occurrence and $1,000,000 general aggregate: i. General Liability coverage applicable to the Leased Premises and the Licensed Premises, including bodily injury, broad form property damage, personal injury, blanket contractual, products and completed operations, naming the Town as an additional insured. ii. Comprehensive Automobile Liability coverage for the owned, hired or non-owned vehicles used in the performance of this Lease, naming the Town as an additional insured. iii. Liquor liability coverage if the Alpine Garden has or obtains a liquor license to serve wine, beer, or intoxicating liquors on the Leased Premises or Licensed Premises, naming the Town as an additional insured. 21. Indemnification. Alpine Gardens shall indemnify and hold the Town, its agents, servants and employees, harmless from and against any and all liability, loss, damages, costs and expenses, including reasonable attorney fees and costs of investigating any 361 74 2023 FORD PARK MASTER PLAN | APPENDIX 7 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX such matters, suffered or sustained by any person on or about the Leased Premises or the Licensed Premises or arising out of any act, error, omission or negligence in the operation, maintenance or use of the Leased Premises or the Licensed Premises by Alpine Gardens, its agents, officers, directors and employees, or of any occupant, subtenant, visitor or user of any portion of the Leased Premises, or any condition of the Leased Premises or Licensed Premises; provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, officers, directors or employees. This Section shall survive termination of this Agreement. 22. Right of Entry. The Town reserves the right to enter the Leased Premises or Licensed Premises to ensure compliance with this Lease. The Town shall endeavor to provide reasonable advance notice of such entry, except in the case of emergency. 23. Notice. Any notice to be sent to the Parties pursuant to the terms of this Agreement shall be considered made the day it is mailed via certified or registered mail to the following addresses: Town of Vail: Alpine Gardens: Town Manager Executive Director Town of Vail Betty Ford Alpine Gardens 75 South Frontage Road 183 Gore Creek Drive Vail, CO 81657 Vail, CO 81657 24. Miscellaneous. a. No Assignment. This Lease and Alpine Gardens’ obligations under this Lease shall not be assignable without the prior written approval of the Town. b. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this Lease is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Lease shall never constitute a debt or obligation of the Town under any statutory or constitutional provision. c. Severability. If any provision of this Lease is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Integration. This Lease represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. e. Waiver. No provision of this Lease may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. 362 75 2023 FORD PARK MASTER PLAN | APPENDIX 8 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX f. Modification. This Lease may only be modified by subsequent written agreement of the Parties. g. Governing Law and Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. h. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Lease in any respect. i. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties, and nothing contained in this Lease shall be construed as making the Parties joint venturers or partners. j. Binding Agreement. This Lease shall be binding upon the respective Parties, their successors or assigns. k. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. TOWN OF VAIL ________________________________ Stan Zemler, Town Manager ATTEST: _____________________________ Patty McKenny, Town Clerk BETTY FORD ALPINE GARDENS ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2016, by _____________________ as _________________________ of Betty Ford Alpine Gardens, a Colorado nonprofit corporation. 363 76 2023 FORD PARK MASTER PLAN | APPENDIX 9 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\ALPINE GARDEN LEASE-A010516.DOCX My commission expires: _______________________________ Notary Public 364 77 2023 FORD PARK MASTER PLAN | APPENDIX 1 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VRD LEASE AMEND-A021116.DOCX AMENDMENT TO LEASE This AMENDMENT TO LEASE (the "Amendment"), is made and entered into on the ______ day of __________, 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town") and the VAIL PARK AND RECREATION DISTRICT (the "District”), a Colorado special district (each individually a "Party" and collectively the "Parties"). WHEREAS, on July 18, 2008, the Parties entered into a lease (the "Lease") for certain areas of real property within the Town, including areas within Ford Park; WHEREAS, since entering into that Lease, adjustments have been made to the boundaries of the Ford Park Leased Premises; WHEREAS, since entering into that Lease, new buildings and other improvements have been added to Ford Park; and WHEREAS, the Parties desire to amend the Lease pursuant to Section 19(a) of the Lease to address the boundary adjustments and new buildings and other improvements in Ford Park. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Section 2 of the Lease is hereby deleted in its entirety and replaced with the following new Section 2: 2. LEASED PREMISES. The Town hereby leases to the District and the District leases from the Town the real estate associated with, and all improvements located on, in or under, the facilities set forth below and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Leased Premises"): (a) John Dobson Ice Arena ("Dobson"); (b) The areas listed in Exhibit A-1 as the "Ford Park Leased Premises"; (c) Public Tennis Courts at Booth Creek; (d) Ford Park Athletic/Soccer Fields; (e) Community Resource Space/Imagination Station in the Lionshead Welcome Center; (f) Red Sandstone Athletic Field; (g) Donovan Athletic Fields; and 365 78 2023 FORD PARK MASTER PLAN | APPENDIX 2 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VRD LEASE AMEND-A021116.DOCX (h) Golden Peak Racquet Courts. This Lease does not apply to the Golf Course or the Vail Gymnastics Center, which facilities are the subject of separate leases. 2. Section 3 of the Lease is hereby amended by the addition of a new subsection (c) to read as follows: (c) Conditional Use Permits and Rules. The District's use of the Leased Premises shall comply with the terms of any conditional use permit ("CUP") approved by the Town for the Leased Premises, as well as any rules adopted by the Town governing the use of the Leased Premises and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. 3. The Lease is hereby amended by the addition of a new Section 20, to read as follows: 20. FORD PARK MAINTENANCE – SPECIAL PROVISIONS: (a) General. This Section 20 shall govern maintenance of Ford Park, in lieu of the maintenance provisions set forth in Section 8 of this Lease. The District shall be responsible for maintenance of the leased areas of Ford Park. (b) Interior Maintenance. Interior maintenance shall include without limitation the following: i. Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. iii. Painting or staining the interior elements of the building as needed. iv. On a semi-annual basis at a minimum, ensuring that any scratches or dents in the paint or walls are properly repaired. iv. Repairing and maintaining floors and shampooing any carpets as needed and at a minimum on an annual basis and repairing and cleaning any marks in a prompt manner. v. Ensuring all bathroom facilities are operating properly and repairing the same in a prompt manner. vi. Providing janitorial service for regular and consistent cleaning of the facility; including daily or hourly services as needed. 366 79 2023 FORD PARK MASTER PLAN | APPENDIX 3 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VRD LEASE AMEND-A021116.DOCX vii. If public restrooms are provided, ensuring that the restrooms are properly stocked with the necessary supplies. viii. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. (c) Exterior Maintenance. i. Regularly maintaining and planting shrubs and perennial and annual flowers to prevent an unkempt appearance created by overgrown plant growth or invasive weeds, including general trimming of shrubs and ground cover to maintain a natural, characteristic shape. ii. Mowing grass regularly and at a frequency as to not remove more than 1/3 length of grass blades; while maintaining lawn grass at 2" in height or less, other than native grasses, which shall not exceed 36" in height. iii. Watering and fertilizing lawns and garden areas appropriately to prevent browning of grass and plants. iv. Keeping lawns and garden areas neat and free of weeds. v. Removing grass clippings from streets and sidewalks after mowing. vi. Edging grass periodically, and at least monthly during the growing season, to maintain a clean, trimmed edge. vii. Pruning trees to remove dead limbs and suckers, to maintain the general natural shape characteristic of the species, and to remove limbs that endanger property (i.e. fences, buildings). viii. Trimming tree branches over sidewalks to provide at least 10' in height clearance. ix. Replacing and repairing turf as needed. x. Clearing sidewalks of debris and snow at all times. xi. Maintaining irrigation systems year round, including winterization and blowing out of systems prior to freezing temperatures. xii. Cleaning exterior surfaces as needed, but at a minimum on a annual basis. xiii. Painting or staining the exterior of buildings as needed, ensuring that any scratches or dents in the walls are properly repaired. 367 80 2023 FORD PARK MASTER PLAN | APPENDIX 4 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VRD LEASE AMEND-A021116.DOCX xiv. Maintaining and inspecting fences, gates and nets regularly and ensuring that fences and gates are closed. xv. Performing litter patrol on a daily basis. xvi. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. (d) Areas of Joint Maintenance. The District acknowledges that the Town leases other portions of Ford Park to third parties (the Vail Valley Foundation and the Betty Ford Alpine Gardens). The District shall share with those third parties the responsibility for maintaining the following areas: Historic Cottage; West Restrooms/Maintenance Building; Root Cellar; and Trash Building; all as shown on Exhibit A-1. (e) Maintenance Log. The District shall maintain a maintenance log of activities which satisfy its obligations under this Lease. (f) Annual Review. On an annual basis, the Town will meet with the District to discuss the maintenance and operation of Ford Park, compliance with this Agreement, any potential capital expenditures and projects and any other matters concerning Ford Park. (g) Capital Maintenance. The Town and the District shall be responsible for capital maintenance of Ford Park as set forth in Exhibit B-1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: i. Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. ii. Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking lots. 4. If there is a conflict between this Amendment and the Lease, this Amendment shall control. 5. The Lease shall be amended to add Exhibit A-1 and Exhibit B-1. 6. All provisions of the Lease not expressly amended in this Amendment shall remain in full force and effect. 368 81 2023 FORD PARK MASTER PLAN | APPENDIX 5 10/4/2023 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\VRD LEASE AMEND-A021116.DOCX IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. TOWN OF VAIL ________________________________ Stan Zemler, Town Manager ATTEST: _____________________________ Patty McKenny, Town Clerk VAIL PARK AND RECREATION DISTRICT _____________________________________ ATTEST: _____________________________ 369 82 2023 FORD PARK MASTER PLAN | APPENDIX 10/04/23 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\REVOCABLE LICENSE VRD.DOC REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made this ____ day of _____________, 200__, by and between the Town of Vail, COLORADO, a Colorado home rule municipality with a legal address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and Vail Park and Recreaton District, a Colorado special district with a legal address of 700 S Frontage Road East, Vail CO 81657 ("Licensee"). For and in consideration of the sum of ten dollars ($10.00) paid by the Licensee to the Town, the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. LICENSE Licensee desires to obtain a License to occupy and use the property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). Subject to all the terms and conditions hereto, the Town hereby grants to Licensee a license to occupy and use the Property for the purpose set forth in Section 2 hereof. SECTION 2. PURPOSE The Property may be used and occupied by the Licensee for the purpose of constructing and maintaining a patio and water feature over and on the Property. SECTION 3. TERMINATION Either party may terminate this Agreement by giving written notice to the other party specifying the date of termination, such notice to be given not less than thirty (30) days prior to the date specified therein. Upon termination, Licensee shall return the Property to its original condition at Licensee's own expense. SECTION 4. MAINTENANCE Licensee shall, at its own expense, keep and maintain in good repair any fixtures or structures constructed, placed, operated or maintained on the Property and, within thirty (30) days of termination of this Agreement, shall remove such fixtures. SECTION 5. DAMAGE TO PROPERTY Licensee shall be responsible for all damage to the Property arising out of or resulting from the use of the Property by the Licensee, its agents, employees, visitors, patrons and invitees. The Town shall notify Licensee immediately upon discovery of any damage to the Property. Licensee shall correct and repair the damage within one (1) week of notification or knowledge of the damage unless otherwise directed by the Town. 370 83 2023 FORD PARK MASTER PLAN | APPENDIX 10/04/23 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\REVOCABLE LICENSE VRD.DOC 2 SECTION 6. INDEMNIFICATION Licensee shall indemnify, hold harmless and defend the Town and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Property under this Agreement. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at his sole expense, or, at the option of the Town, agrees to pay the Town or reimburse the Town for the defense costs incurred by the Town in connection with any such liability, claims or demands. Licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. SECTION 7. INSURANCE Licensee agrees to procure an insurance policy which includes and covers the Property that is the subject of this Agreement, and to name the Town as an additional insured thereon. Such insurance policy shall at a minimum include liability and property damage insurance, with a combined single limit for bodily injury and property damage of one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence. A Certificate of Insurance showing the Town as an additional insured shall be provided to the Town within thirty (30) days of execution of this Agreement, and annually thereafter. The failure to provide the Certificate of Insurance shall be grounds for immediate termination of this Agreement and revocation of the license granted herein. SECTION 8. NOTICES Any notice given pursuant to this Agreement by either party to the other shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: To the Town: Town of Vail 75 S. Frontage Road Vail, CO 81657 To Licensee: Vail Recreation District Vail CO 81657 SECTION 9. MISCELLANEOUS A. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, subject to any other conditions and covenants contained herein. B. Applicable Law and Venue. The laws of the State of Colorado and applicable federal, state and local laws, rules, regulations and guidelines shall govern this Agreement, and 371 84 2023 FORD PARK MASTER PLAN | APPENDIX 10/04/23 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\REVOCABLE LICENSE VRD.DOC 3 the venue for any legal proceeding arising out of this Agreement shall be Eagle County, Colorado. C. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. D. Headings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. E. Assignment. Licensee may not assign or transfer this Agreement, except upon the express written authorization of the Town. F. No Third-Party Beneficiaries. Except as expressly provided herein, there are no intended third-party beneficiaries to this Agreement. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. H. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the City may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. I. Integration. The foregoing constitutes the entire agreement between the parties and no additional or different oral representation, promise, or agreement shall be binding on any of the parties hereto with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective the day and year first above written. TOWN OF VAIL By: ____________________________________ Stan Zemler, Town Manager ATTEST: ________________________________ Tammy Nagel, Acting Town Clerk 372 85 2023 FORD PARK MASTER PLAN | APPENDIX 10/04/23 C:\USERS\HGOLDOV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\CZGBGBJB\REVOCABLE LICENSE VRD.DOC 4 LICENSEE: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) Subscribed, sworn to and acknowledged before me this _____ day of _______________, 200__, by _______________________. My Commission expires _______________. (SEAL) ____________________________________ Notary Public 373 374 87 2023 FORD PARK MASTER PLAN | APPENDIX Ford Park Master Plan Q uestionaire SURVEY RESPONSE REPORT 26 November 2018 - 02 May 2023 PROJECT NAME: Ford Park 2023 Master Plan Update 375 SURVEY QUESTIONS Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 1 of 71 376 Q1 Where are you from? 77 (68.8%) 77 (68.8%) 27 (24.1%) 27 (24.1%) 8 (7.1%) 8 (7.1%) Vail Eagle County Guest Question options Optional question (112 response(s), 0 skipped) Question type: Dropdown Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 2 of 71 377 Q2 What is your age? 22 (19.6%) 22 (19.6%) 50 (44.6%) 50 (44.6%) 40 (35.7%) 40 (35.7%) 0 (0.0%) 0 (0.0%) 18 to 40 40 to 60 Over 60 Under 18 Question options Optional question (112 response(s), 0 skipped) Question type: Dropdown Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 3 of 71 378 Q3 Do you come to Ford Park as? An individual/couple A family A group Question options 10 20 30 40 50 60 70 80 90 82 57 26 Optional question (110 response(s), 2 skipped) Question type: Checkbox Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 4 of 71 379 Q4 How is your mobility? 108 (97.3%) 108 (97.3%) 3 (2.7%) 3 (2.7%)0 (0.0%) 0 (0.0%) Fully mobile Limited mobility Utilize a Mobility Device Question options Optional question (111 response(s), 1 skipped) Question type: Dropdown Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 5 of 71 380 Q5 What do you do in Ford Park? Check all that apply. Hang out/Picnic Play tennis Attend an event at the Amp Play softball Take kids to the playground Visit the Alpine Gardens Youth sports/practices Sport tournaments (lacrosse, volleyball, soccer, etc.) Take a walk Play rugby Play or fish in Gore Creek Play volleyball Park, and go elsewhere Question options 10 20 30 40 50 60 70 80 90 100 110 62 21 104 8 49 87 13 26 80 1 35 7 13 Optional question (112 response(s), 0 skipped) Question type: Checkbox Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 6 of 71 381 Q6 How do you arrive at Ford Park? Never Sometimes Often Question options 100255075 125 Walk from the Village Parking Structure Walk from another part of Town Drive and park Bus Dropped off Bike 46 36 46 12 1 27 30 35 32 57 20 46 19 19 23 23 57 19 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 7 of 71 382 Q6 How do you arrive at Ford Park? Often : 46 Sometimes : 30 Never : 19 5 10 15 20 25 30 35 40 45 50 Walk from the Village Parking Structure Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 8 of 71 383 Often : 36 Sometimes : 35 Never : 19 5 10 15 20 25 30 35 40 Walk from another part of Town Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 9 of 71 384 Often : 46 Sometimes : 32 Never : 23 5 10 15 20 25 30 35 40 45 50 Drive and park Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 10 of 71 385 Often : 12 Sometimes : 57 Never : 23 5 10 15 20 25 30 35 40 45 50 55 60 Bus Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 11 of 71 386 Often : 1 Sometimes : 20 Never : 57 5 10 15 20 25 30 35 40 45 50 55 60 Dropped off Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 12 of 71 387 Often : 27 Sometimes : 46 Never : 19 5 10 15 20 25 30 35 40 45 50 Bike Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 13 of 71 388 Polly0907 4/03/2023 08:40 AM I live 6 minutes away by foot. Embuzi 4/03/2023 01:14 PM In style. Perez-Abreu 4/03/2023 05:44 PM Bikes mainly. For events at Amp we drive and are dropped off Heather 4/03/2023 07:21 PM Walk or bike JDVail 4/03/2023 09:17 PM I usually walk vailles 4/06/2023 11:03 AM - ann 4/06/2023 11:07 AM Mostly walk to concerts from parking garage brilhirsch 4/06/2023 11:08 AM Husband is ski patroller and parks there in the winter for work Luxions 4/06/2023 11:10 AM We live a short 5 minute walk from our residence. Other modes of going to the park beyond walking are due to being somewhere else or doing something else and going from there to the park SJ 4/06/2023 11:14 AM Depends on what I am doing while I am there/gear needed, etc. And the weather! WadeA 4/06/2023 11:29 AM Typically walk from our home. Use the parking lot during ski season and walk to Golden Peak. Avid skier 4/06/2023 11:50 AM Living in West Vail, it is frustrating finding the parking closed to the public. Park use should be the top priority Q7 Comments to Question 6: How do you arrive at Ford Park? Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 14 of 71 389 cwho 4/06/2023 11:54 AM Season and people in party dictate transport. Drop off could be better or at least better signed as it is jumbled with the bus stop so that it is difficult and stressful for older people or mobility limited to get dropped off. Vailkat 4/06/2023 12:52 PM I always take the East Vail bus to the GRFA for Bravo concerts because it's really convenient. Helmrema 4/06/2023 01:03 PM The path along the creek behind the Wren, or the Manor Vail Bridge Yanni1234 4/06/2023 01:13 PM By foot from the parking structure Sashby 4/06/2023 01:16 PM Typically park in the Ford parking lot Pabling 4/06/2023 01:27 PM Depends on what type of parking situation is taking place in Vail. steezybuffalo 4/06/2023 01:27 PM Drive Quiroga80 4/06/2023 02:13 PM Walk NikiCM 4/06/2023 02:45 PM Property Owner in Manor Vail, walk across the covered bridge FPS 4/06/2023 03:29 PM Walk from Golden Peak Joeleo 4/06/2023 04:12 PM Walk from manor vail Vailsince1972 4/06/2023 05:07 PM We arrive there by a variety of means and reasons. Lizzy 4/06/2023 06:53 PM Drive my own car Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 15 of 71 390 Booker1 4/06/2023 07:26 PM I walk from Vail Village with my dogs and myself. I like the scenery and quietness. Henry5280 4/06/2023 08:49 PM We should put a bubble over the tennis courts for Year round play. Donny1979 4/06/2023 08:50 PM I park in the Ford Park parking lot. Most often walk down to Gore Creek and fish up to the golf course Intermountain11 4/07/2023 02:39 AM Walk from town Sandy503 4/07/2023 06:02 AM Walk mgreen5 4/07/2023 07:55 AM Walking Athenawilee 4/07/2023 08:41 AM I regularly run to Ford Park on my lunch break. I eat my lunch there and visit the gardens once a week even in winter. I was married in the Betty Ford Alpine Garden. I run the trails by the nature center year round. I walk the trail along the creek and the one that follows the creek into the village. I've attended concerts at Ford amphitheater as long as I can remember and have attended memorial services there as well. aonm 4/07/2023 11:21 AM We own property at Manor Vail and use Ford park daily walking across the covered bridge. SanSan 4/07/2023 02:28 PM By car SSC 4/07/2023 05:44 PM Drive les654 4/07/2023 06:32 PM I like using the bus, my bike in the summer and sometimes my car Ryan5150 4/07/2023 09:00 PM No winter parking for park users/ walkers is a disgrace and should be fixed. Like donovan park has designated in front of the park so should Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 16 of 71 391 ford park. BeauBarrymore 4/08/2023 12:21 AM The bus doesn’t allow for my dog so I have to pay to park in the structure. He enjoys it as much as I do! Ara 4/09/2023 09:09 AM In the summer during busy events, riding a bike is the best way to get to Ford park. We usually have a parking pass with my husbands job for ford park, so occasionally I will go there with the kids during ski season, but it is otherwise too hard to get to during winter. the park is south facing, and it is the warmest park during fall and spring. Margaretblazek 4/09/2023 09:30 AM Usually drive shoe-tee 4/10/2023 09:17 AM Usually bike here in the summer, otherwise bus from east vail or structure. Jimmy Y 4/10/2023 09:34 AM Walk (or bike) from our condo across the street at Northwoods SusanneG 4/11/2023 03:02 PM usually by car. Parking either at the park, or walking from the garage. AlisonW 4/13/2023 01:15 PM Park in Vail and walk tele_mon 4/20/2023 09:28 AM Bike in summer, other ways in winter. Heather McDonald 4/23/2023 02:56 PM It just depends on the event. JerryVail 4/27/2023 10:47 AM auto Pedro Campos 5/02/2023 05:04 PM I primarily park at the VV Parking Structure, or I ride my bike if the weather allows. June569 5/02/2023 06:03 PM The availability of parking in the lot above Ford Park can be inadequate. The walk from the parking structure is not well marked Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 17 of 71 392 and, in some cases, not well maintained. Susan1850 5/02/2023 10:09 PM It is fairly easy to get to Ford Park just difficult to park when you drive. Particularly difficult in the winter. Linda Hill 5/02/2023 11:01 PM Most of the time we use the structure and walk in. Optional question (51 response(s), 61 skipped) Question type: Essay Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 18 of 71 393 Q8 Rate the following in relation to Park Access and Circulation Poor Fair Good Question options 100255075 125 Walkways to and from the park Walkways within the park Entering the parking areas Wayfinding signs and maps within the park Ease of parking Ease of drop-off Access to bus stop Frequency of bus service 83 101 67 67 40 52 71 59 24 8 35 32 47 32 29 30 5 2 5 7 16 14 4 10 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 19 of 71 394 Q8 Rate the following in relation to Park Access and Circulation Good : 83 Fair : 24 Poor : 5 10 20 30 40 50 60 70 80 90 Walkways to and from the park Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 20 of 71 395 Good : 101 Fair : 8 Poor : 2 10 20 30 40 50 60 70 80 90 100 110 Walkways within the park Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 21 of 71 396 Good : 67 Fair : 35 Poor : 5 10 20 30 40 50 60 70 80 Entering the parking areas Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 22 of 71 397 Good : 67 Fair : 32 Poor : 7 10 20 30 40 50 60 70 80 Wayfinding signs and maps within the park Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 23 of 71 398 Good : 40 Fair : 47 Poor : 16 5 10 15 20 25 30 35 40 45 50 Ease of parking Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 24 of 71 399 Good : 52 Fair : 32 Poor : 14 5 10 15 20 25 30 35 40 45 50 55 Ease of drop-off Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 25 of 71 400 Good : 71 Fair : 29 Poor : 4 10 20 30 40 50 60 70 80 Access to bus stop Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 26 of 71 401 Q9 Comments to Question 8: Rate the following in relation to Park Access and Circulation Good : 59 Fair : 30 Poor : 10 5 10 15 20 25 30 35 40 45 50 55 60 65 Frequency of bus service Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 27 of 71 402 Polly0907 4/03/2023 08:40 AM The path along the creek from the village on the north side is hazardous. I’ve seen so many people slip and fall there. Perez-Abreu 4/03/2023 05:44 PM Valet parking should be available for large events. Drop off should be closer to village parking garage Heather 4/03/2023 07:21 PM Good overall. JDVail 4/03/2023 09:17 PM Seems odd Shannon 4/06/2023 11:00 AM Vail’s bus service to my area - Lionsridge Loop - is poor. Not frequent enough. SJ 4/06/2023 11:14 AM I'm not limited mobility, but it seems good to me, especially having the golf carts to help those who have a limited walking ability. I don't use them, but they are so beneficial for folks who do! Jolevin 4/06/2023 11:18 AM Sometimes we pick other parks because we can park closer. Especially for bbq or parties it’s a long walk from parking with stuff. BOC 4/06/2023 11:31 AM A n/a is not offered? I really can’t speak to parking, drop off nor buses as is clear from my answer ‘never’ to prior question DFS80 4/06/2023 11:42 AM The ford park lot is almost always full or paid parking. Free parking is a long trip to make with kids or people who have limited mobility. cogilvie 4/06/2023 11:46 AM Lot should be reserved for employees only! Walkways during the winter are terrible and barely maintained, too much ice! Avid skier 4/06/2023 11:50 AM Parking is good when it’s open. Golden Peak bus stop lets you access the park fairly easy across Pinos or through Manor Vail Vailkat 4/06/2023 12:52 PM The drop off/pick up area at the end of Bravo concerts is a mess. Yanni1234 Very convenient Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 28 of 71 403 4/06/2023 01:13 PM Sashby 4/06/2023 01:16 PM N/A Pabling 4/06/2023 01:27 PM Eh. Parking is bad in Vail in general. Ford Park is no different. Stephen Connolly 4/06/2023 02:06 PM Since Sandstone was turned over to skier parking, there needs to be more frequent service from the FP stop back and forth to the VTC. The fact that the little bus was out of service all winter was a complete fail and unacceptable. Quiroga80 4/06/2023 02:13 PM Good FPS 4/06/2023 03:29 PM The path from Manor Vail is exceptionally icy especially from the covered walkway downhill to the west side of the bridge. Vailsince1972 4/06/2023 05:07 PM The park is very accessible. AJL 4/06/2023 05:56 PM for dance and concerts, special buses run and that's helpful! Lizzy 4/06/2023 06:53 PM Good Donny1979 4/06/2023 08:50 PM For fishing I go there when there are no events. If I go to a concert I usually park in the structure Athenawilee 4/07/2023 08:41 AM No difficulties at all! jmaaart 4/07/2023 10:03 AM When you have elderly with the family events at the amp, it's very hard and a long walk from the main structure aonm 4/07/2023 11:21 AM We really only walk to and from, use the walkways for the river walk into town, etc Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 29 of 71 404 CDM 4/07/2023 11:32 AM No sense of arrival. SanSan 4/07/2023 02:28 PM Very good cesra 4/07/2023 03:24 PM From East Vail, you sometimes need to go to the Transportation Center and then take another bus back to the park Ryan5150 4/07/2023 09:00 PM No fee winter parking VVMTA 4/09/2023 08:28 AM There is an obvious need to provide soft surface trails that encompass the user in nature as opposed to the urban centric paved paths Margaretblazek 4/09/2023 09:30 AM Walking to Gold Peak can be icy in winter Jimmy Y 4/10/2023 09:34 AM Getting into the park from Vail Valley Drive is a bit awkward, but not sure how you could improve access given the terrain. jackski2 4/12/2023 09:18 PM everything is great I don't feel that we need to spend any money Heather McDonald 4/23/2023 02:56 PM It would be nice to still have the other entrance so you can drive through and out the other side if need be. Going in the entrance now is super tight. JerryVail 4/27/2023 10:47 AM fair Pedro Campos 5/02/2023 05:04 PM The Nature Center is disconnected from the rest of the park and should have a better connection to East Parking. Susan1850 5/02/2023 10:09 PM The signs and maps within the park are not good. Direction signs from the town are particularly bad. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 30 of 71 405 Linda Hill 5/02/2023 11:01 PM Distance to parking structure in winter is manageable, easier in summer. Paths from Ford Park parking lot make it difficult to get to the Gardens. Optional question (38 response(s), 74 skipped) Question type: Essay Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 31 of 71 406 Q10 Do you use the golf cart service provided by the Ford Amphitheater before and after events? No Yes Question options 10 20 30 40 50 60 70 80 90 100 20 90 Optional question (110 response(s), 2 skipped) Question type: Checkbox Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 32 of 71 407 Q11 Would you utilize a similar transportation service throughout the park if one was provided? If no, do you feel it is a service that could or should be provided for others?No Yes Question options 5 10 15 20 25 30 35 40 45 50 55 60 65 70 31 65 45 Optional question (110 response(s), 2 skipped) Question type: Checkbox Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 33 of 71 408 Q12 Rate the following Ford Park Amenities: Poor Fair Good Question options 100255075 125 Availability to Ford Park Information and Sch... Access to Food and Drink Number of Restrooms Picnic Facilities Playground Open grass play area Quality of Landscaping Parking areas and access 62 38 61 58 91 97 101 44 44 49 40 39 15 14 7 54 3 20 4 7 1 2 8 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 34 of 71 409 Q12 Rate the following Ford Park Amenities: Good : 62 Fair : 44 Poor : 3 5 10 15 20 25 30 35 40 45 50 55 60 65 70 Availability to Ford Park Information and Schedule of Events Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 35 of 71 410 Good : 38 Fair : 49 Poor : 20 5 10 15 20 25 30 35 40 45 50 55 Access to Food and Drink Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 36 of 71 411 Good : 61 Fair : 40 Poor : 4 5 10 15 20 25 30 35 40 45 50 55 60 65 Number of Restrooms Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 37 of 71 412 Good : 58 Fair : 39 Poor : 7 5 10 15 20 25 30 35 40 45 50 55 60 65 Picnic Facilities Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 38 of 71 413 Good : 91 Fair : 15 Poor : 1 10 20 30 40 50 60 70 80 90 100 Playground Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 39 of 71 414 Good : 97 Fair : 14 Poor : 0 10 20 30 40 50 60 70 80 90 100 110 Open grass play area Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 40 of 71 415 Good : 101 Fair : 7 Poor : 2 10 20 30 40 50 60 70 80 90 100 110 Quality of Landscaping Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 41 of 71 416 Q13 Comments to Question 12:Rate the following in relation to Park Access and Circulation Good : 44 Fair : 54 Poor : 8 5 10 15 20 25 30 35 40 45 50 55 60 Parking areas and access Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 42 of 71 417 Heather 4/03/2023 07:21 PM Parking is limited for events JDVail 4/03/2023 09:17 PM Fair Shannon 4/06/2023 11:00 AM Could use more food options SJ 4/06/2023 11:14 AM I don't think folks know there are some amenities, like ice cream, at the little garden. There is definitely room for improvement in the main park area, even if it's mobile options like food trucks. AKELKENBERG 4/06/2023 11:17 AM The covered picnic areas could be upgraded. The concession stands at the park are huge and beautiful but are NEVER open. I think they only open for the lacrosse tournaments. It'd be so beneficial for the community if they were open during softball. Even just for beer, soda and popcorn like they do at Dobson. Avid skier 4/06/2023 11:50 AM Could use more water fountains Could use more picnic spots Parking is sometimes closed Needs a vending machine for snaks Yanni1234 4/06/2023 01:13 PM All is good Sashby 4/06/2023 01:16 PM N/A Pabling 4/06/2023 01:27 PM How often does something like the lower bench grassy area even get used? Why not build a 17-level parking garage there? Quiroga80 4/06/2023 02:13 PM Good Joeleo 4/06/2023 04:12 PM I used to cross country ski on the playing fields until they were closed off. I have been denied access to the park when walking my dog during the lighting festival during the winter holidays Donny1979 4/06/2023 08:50 PM Don't take away what remains of the natural landscape. Not every place needs to be accessible by everyone Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 43 of 71 418 Athenawilee 4/07/2023 08:41 AM To keep the park nice, I think the golf cart option should only be given to those with mobility issues. CDM 4/07/2023 11:32 AM No sense of arrival. SanSan 4/07/2023 02:28 PM Good SSC 4/07/2023 05:44 PM More free parking is needed Ryan5150 4/07/2023 09:00 PM Fix the winter parking issue. Having to wait till vail Mtn closes before the parking opens up seems long and extreme. Surely there is a better way. For walkers it’s the only park where it’s plowed and easy walking. Not everyone wants to walk on bridge street. Ara 4/09/2023 09:09 AM Ford Park area is the best way to access Gore Creek and nature close to Vail. The creek is the gem, there are private areas to hang out and plenty of space for many people seeking the tranquility. when the rest of town is a zoo, ford park can disperse a lot of people. I would be wary of development along the creek. A south facing picnic area would be more useful to all. it is currently cold, small and north facing next to the park. the other ones are also cold, but probably nice in summer. Ford park has the best bathroom access in summer, and places to fill water bottles. The rest of town is a joke if you need to go to the bathroom.During winter, you are screwed if you need to go to the bathroom in any park. blue rooms are not enjoyable experiences. Vail should have year round bathroom access. The ampetheater entryway is one of my favorite places. Davosdame 4/09/2023 03:42 PM The playground needs a redo, as do the picnic tables/pavilions shoe-tee 4/10/2023 09:17 AM I've never tried to investigate parking at Ford Park and the gate's have prevented me from ever trying to park here. jackski2 4/12/2023 09:18 PM You have done a great job no improvements necessary Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 44 of 71 419 JerryVail 4/27/2023 10:47 AM fair Pedro Campos 5/02/2023 05:04 PM Food and Drinks should be considered given the distance to Village and lack of any supporting services June569 5/02/2023 06:03 PM All of items in the bullet points above could be vastly improved for an improved experience in Ford Park. Susan1850 5/02/2023 10:09 PM It is often difficult to find a parking spot for different events. Linda Hill 5/02/2023 11:01 PM Seasonal aspects to those areas indicated as Fair are reasons for "Fair" ratings except general ford part information and schedule of events. Optional question (26 response(s), 86 skipped) Question type: Essay Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 45 of 71 420 Q14 Town of Vail Do Not Support Neutral Support Question options 100255075 125 Replacement of the original Picnic Shelter on... Construction of a building to house an Artist... Playground upgrades to improve safety and pla... Improved access and restrooms at the Vail Nat... Improved buildings and exhibits at the Vail N... 64 25 79 69 54 36 40 28 37 42 11 46 5 4 15 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 46 of 71 421 Q14 Town of Vail Support : 64 Neutral : 36 Do Not Support : 11 10 20 30 40 50 60 70 Replacement of the original Picnic Shelter on the lower bench to increase capacity and useability. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 47 of 71 422 Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 48 of 71 423 Support : 25 Neutral : 40 Do Not Support : 46 5 10 15 20 25 30 35 40 45 50 Construction of a building to house an Artist in Residence facility. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 49 of 71 424 Support : 79 Neutral : 28 Do Not Support : 5 10 20 30 40 50 60 70 80 90 Playground upgrades to improve safety and play experience. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 50 of 71 425 Support : 69 Neutral : 37 Do Not Support : 4 10 20 30 40 50 60 70 80 Improved access and restrooms at the Vail Nature Center. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 51 of 71 426 Support : 54 Neutral : 42 Do Not Support : 15 5 10 15 20 25 30 35 40 45 50 55 60 Improved buildings and exhibits at the Vail Nature Center. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 52 of 71 427 Q15 Vail Recreation District Do Not Support Neutral Support Question options 100255075 125 Construction of a Maintenance Facility at the... Tennis Center/ Admin Office Improvements Enhanced maintenance and “tournament load- in”... 24 31 39 62 57 54 24 24 18 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 53 of 71 428 Q15 Vail Recreation District Support : 24 Neutral : 62 Do Not Support : 24 5 10 15 20 25 30 35 40 45 50 55 60 65 70 Construction of a Maintenance Facility at the Soccer Field Lot Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 54 of 71 429 Support : 31 Neutral : 57 Do Not Support : 24 5 10 15 20 25 30 35 40 45 50 55 60 Tennis Center/ Admin Office Improvements Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 55 of 71 430 Support : 39 Neutral : 54 Do Not Support : 18 5 10 15 20 25 30 35 40 45 50 55 60 Enhanced maintenance and “tournament load-in” access to sports fields Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 56 of 71 431 Q16 Vail Valley Foundation Do Not Support Neutral Support Question options 100255075 125 Expansion of Gerald R. Ford Amphitheater exis... 502636 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 57 of 71 432 Q16 Vail Valley Foundation Expansion of Gerald R. Ford Amphitheater existing buildings by 7,000 to 8,000 square feet, primarily by adding a second story, to increase useable space for offices, performer facilities, restrooms, storage, and enhanced concessions. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 58 of 71 433 Support : 50 Neutral : 26 Do Not Support : 36 5 10 15 20 25 30 35 40 45 50 55 Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 59 of 71 434 Q17 Betty Ford Alpine Gardens Do Not Support Neutral Support Question options 100255075 125 Expansion of gardens into under-utilized and ... Construction of a tree house structure near t... Expansion of the West Maintenance Building fo... Addition of a “Grand Entry” with a Visitor Ce... 1,500 square feet for additional office and c... 82 78 42 23 31 19 21 50 41 43 11 12 19 48 36 Optional question (112 response(s), 0 skipped) Question type: Likert Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 60 of 71 435 Q17 Betty Ford Alpine Gardens Support : 82 Neutral : 19 Do Not Support : 11 10 20 30 40 50 60 70 80 90 Expansion of gardens into under-utilized and low-maintenance areas of the park to further the mission of the Gardens and enhance the aesthetics of the park. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 61 of 71 436 Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 62 of 71 437 Support : 78 Neutral : 21 Do Not Support : 12 10 20 30 40 50 60 70 80 90 Construction of a tree house structure near the Children’s Garden/School House area. Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 63 of 71 438 Support : 42 Neutral : 50 Do Not Support : 19 5 10 15 20 25 30 35 40 45 50 55 Expansion of the West Maintenance Building for horticultural staff Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 64 of 71 439 Support : 23 Neutral : 41 Do Not Support : 48 5 10 15 20 25 30 35 40 45 50 55 Addition of a “Grand Entry” with a Visitor Center Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 65 of 71 440 Q18 Please add any additional information, suggestions, and comments that you would like to share on any aspect of Ford Park. Support : 31 Neutral : 43 Do Not Support : 36 5 10 15 20 25 30 35 40 45 50 1,500 square feet for additional office and classroom space Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 66 of 71 441 JDVail 4/03/2023 09:17 PM Leave the tennis courts alone! Shannon 4/06/2023 11:00 AM Day camps for kids would be great. brilhirsch 4/06/2023 11:08 AM Please do not take away parking for employees in the winter- this parking lot is a huge benefit and necessity to employees SJ 4/06/2023 11:14 AM I loved the little concerts in the park during covid. Are there any thoughts to bringing those back? AKELKENBERG 4/06/2023 11:17 AM Bike parking at the amp is such a great perk. It'd be awesome if there was some sort of sole power raffle for those that bike in with a marketing campaign. The concessions stands need to be open for league softball. Picnic areas need to be expanded and updated at the park. It might also be worth looking into a reservation system for picnic areas before shows and on weekends for wedding parties. DFS80 4/06/2023 11:42 AM It is a park, why are we thinking about adding office space? Avid skier 4/06/2023 11:50 AM The priority for the park should be the kids and local families. Not events. I would support a classroom space for children garden school of learning, for example, if it were built in the NW part of the park. That area is under utilized and is close to the frontage rd. We need more school options for residents. It take priority over art, tourism, sporting and leisure space/facilities. Especially if we are planing to expand or build. cwho 4/06/2023 11:54 AM Please consider the cost of upkeep and EMBODIED CARBON when considering if major new buildings are necessary. Is refreshing and renovation enough or do we really need MORE! Vailkat 4/06/2023 12:52 PM Let's keep the area as natural as possible and not over-develop it. Yanni1234 4/06/2023 01:13 PM Please do not think bigger is better. Be mindful of the visionaries who envisioned the park. Open Space is just that...."open". The beauty of the creek, the Gore Range, flora and fauna need not always be Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 67 of 71 442 competing with "improvements". Sashby 4/06/2023 01:16 PM Expansion of the Amp and a treehouse structure for kiddos would be AMAZING! I love this park so much and can’t wait to see what the future holds for Ford Park! steezybuffalo 4/06/2023 01:27 PM Convert tennis courts to pickelball courts Quiroga80 4/06/2023 02:13 PM NA Vaillady 4/06/2023 03:00 PM Add benches along the path for any guests needing to rest along the way or watch the children on the grass. FPS 4/06/2023 03:29 PM A must please: The bridge from Vail Valley Drive to The Amp and then just to the north West Bank. It’s VERY steep and needs stairs/steps to the creek. There’s a deep hole for dogs to play but it is VERY DANGEROUS getting down and back. Vailsince1972 4/06/2023 05:07 PM Don't change the charm too much! Lizzy 4/06/2023 06:53 PM Grills Henry5280 4/06/2023 08:49 PM Bubble the tennis courts over the winter. Donny1979 4/06/2023 08:50 PM Leave some areas as they are. Not everything should be manicured. Keep an aura of a "wild place" as much as possible Mary613 4/07/2023 05:46 AM Avoid overbuilding the park. I worry that adding a second story to the theater will ruin the feel and create too big a structure. Keep nature and art as the focus of our beautiful park. Good bus, biking and walking access is most important. Do not recommend adding parking, since public transportation is good. Sandy503 4/07/2023 06:02 AM I go to Ford Park primarily for peace and solice and I would not be supportive of extensive “building” that detracts from the natural Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 68 of 71 443 beauty of the park area. sc 4/07/2023 07:16 AM Indoor tennis courts please aonm 4/07/2023 11:21 AM With Manor Vail units facing Gore Creek, Ford Park and, importantly, Gore Range, I am worried about facilities being built into higher air space blocking views and creating possible light pollution in that direction. Ford Park is a treasure as is, keeping it primarily nature and outdoor space while limiting further expansion of hard scape and actual buildings would be my priority. SanSan 4/07/2023 02:28 PM The most important thing that could be done for the comfort of anyone using the soccer field and also golfers on the 6th hole is to improve the bathrooms at the soccer field. I don't see any place for a comment on that, unless it was part of the maintenance facility, which I'm not sure is needed. SSC 4/07/2023 05:44 PM More accessibility fir garden volunteers, especially during high field use times les654 4/07/2023 06:32 PM We love Vail-please encourage continued integration, expansion and maintenance of the Natural Wild World-it is why we are all here, isn't it? Ryan5150 4/07/2023 09:00 PM Better access / parking in the winter for year around use would be huge. Thanks Ryan VVMTA 4/09/2023 08:28 AM What about new user experiences such as natural trails, kids bike playground or pumptrack? Everything mentioned in this survey exists and is more of the same. Looking at new user experiences to provide to the ever changing local and visitor is a must Ara 4/09/2023 09:09 AM Yes, there is a lot of space in the area, but do we really need more buildings? The nature trail on the south side is one of my favorite places, but again does not need more development. The trail sort of weirdly ends. the north side of gore creek is essentially cut off with the access road. Most guests do not want to go that far into nature They oddly like to be crowded up with another so they feel like they are doing something. Again bike access to Ford park is the best way to get ther, but many people get lost along the way because the bike Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 69 of 71 444 path through the village is not clear. i love the walking path along the creek, but because both the stairs next to the lodge it is a pain if you have a stroller. Davosdame 4/09/2023 03:42 PM the tennis courts are never full, maybe some could be converted to pickleball courts, and a year round pickleball facility would be amazing and definitely well used shoe-tee 4/10/2023 09:17 AM I don't love the winter concerts in the parking lot. Can the rugby field be artificially turf and have the concerts away from the highway or something over on that end of the park? Jimmy Y 4/10/2023 09:34 AM Ford Park is a unique and valuable part of the "Vail experience" and should be enhanced and maintained in as many ways as possible to ensure its special place in the Valley. Beth 4/10/2023 10:31 AM It would be amazing to add a swimming pool facility - how are there zero pools available for school teams or adult lap/ fitness swimming in a town this size? (The Avon rec center is not in Vail!!!) AnnTP 4/10/2023 12:12 PM I hope that the Vail Rec district will consider relocating the pickle ball courts from Golden Peak over to the tennis center in Ford Park. Pickle ball usage has grown exponentially since the courts were first installed and it's a strain on parking. In addition, the noise from the game itself and from its participants, is extreme, to say the least, and is not appropriate for its residential location. alan 4/11/2023 09:52 PM Don't overdevelop it, it's a gem right now. Maintain it etc but it's a pretty good blend. Try to discourage driving to it as much as possible. Not sure if Betty Ford, tennis center and VVF need that much investment for something that's used 4-5 months and they seem to be doing a pretty good job with what they've got. Seems like they all want to take over the public space. How bad are performer facilities. More choice with concessions could be cool/profitable? jackski2 4/12/2023 09:18 PM How about spending the money on workforce housing ? All you are doing is creating more of a demand for workforce housing. Get you priorities in order!! Potra we need more pickle ball less tennis courts Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 70 of 71 445 4/14/2023 01:56 PM tele_mon 4/20/2023 09:28 AM I'd support putting a 1-2 level parking garage UNDER the softball fields, and make the new fields level with the Frontage Road on the top level. Heather McDonald 4/23/2023 02:56 PM Before there are expansions and money spent to the spaces already available, we need a community gym. It is not fair to everyone who does not use the facilities as much to put more money towards existing programs when there are no affordable gyms in town. CKincaid 4/24/2023 02:21 PM Would like to see a smaller black box type of performance space for community theater and local musicians that includes rehearsal studio space Mtndawg 4/24/2023 05:56 PM Please do not over develop our park! Sometimes simpler, not bigger, is better. JerryVail 4/27/2023 10:47 AM Add indoor/outdoor pickleball courts to tennis center Pedro Campos 5/02/2023 05:04 PM I would advocate growing the presence and influence of the Alpine Gardens through-out all of Ford Park and spreading the beauty of the plant collections strategically through out the park to help educate the greater public, and help address issues of drainage, erosion control, shade using natural methods and techniques. I also believe the Nature Center needs to be better integrated into the Park with better access. Susan1850 5/02/2023 10:09 PM Need sophisticated wine and coffee bar with outdoor seating and food. Optional question (44 response(s), 68 skipped) Question type: Essay Question Ford Park Master Plan Questionaire : Survey Report for 26 November 2018 to 02 May 2023 Page 71 of 71 446 GERALD R. FORD PARKMASTER PLAN Vail Town Council November 7 2023 447 FORD PARK MASTER PLAN UPDATE WHY THIS PLAN Promote consistency between various Town of Vail planning efforts (Vail’s Stewarship Roadmap, Go Vail 2045 Mobility and Transportation Master Plan, Civic Area Plan). 1. 2. 3. 6. 7. 4. 5. Revisit the goals and policies of the 2013 Master Plan. Reaffirm key elements and guiding principles that remain pertinent and remove outdated and irrelevant content, especially if objectives have been met. Engage the community, Ford Park stakeholder organizations, Town Departments, and Town leadership to understand ideas, goals, and opinions for Ford Park for the next 10-year period. Evaluate the inclusion of existing or proposed changes to Ford Park. Confirm immediate action steps and recommendations and prioritize possible improvements in need of further study. Clarify expectations for the future use, development, and management of the Park and define effective tools for decision-making regarding the future of the Park. Protect the park from over-use and over-development. 448 FORD PARK MASTER PLAN UPDATE The mission of Ford Park is to provide cultural, recreational, educational, ecological, and social opportunities in the heart of Vail, and to cater to both visitors and residents, with world-class facilities and programming, while protecting sensitive natural features and embracing the wider landscape of the Vail Valley. FORD PARK MISSION 449 FORD PARK MASTER PLAN UPDATE FORD PARK GOALS Ensure that any new use or building within the Park does not adversely affect the character and quality of the Park or the overall experience of park users. Protect the riparian landscape of the Gore Creek corridor. Provide a safe, enjoyable, accessible, legible, and intuitive pedestrian circulation system within Ford Park and between Ford Park and Vail Village. Continue to strengthen relationships between all venues and all uses within ford park. 1. 2. 3. 4. 450 FORD PARK MASTER PLAN UPDATE GUIDING OPERATIONAL PRINCIPLES A: Ford Park Oversight Committee B: Future Changes C: Programming D: Stakeholder Stewardship & Visibility E: Environment F: Maintenance & Landscape Management G: Circulation, Vehicles & Parking 451 FORD PARK MASTER PLAN UPDATE CIRCULATION & ACCESS **Future Study Area Signage Location Priority ADA Route Traffic Control Gate Priority Restoration / Restricted Access Zone Creek Access Study Zone Nature Center Grounds NORTH GRFA ENTRY VEHICULAR WAYFINDING FROM WEST UPPER BENCH TO LOWER BENCH VEHICULAR WAYFINDING FROM EAST MANOR VAIL TO LOWER BENCH VAIL VALLEY DRIVE TO NA- TURE CENTER AND GRFA ENTRY ONLY GATE EXIT ONLY GATE ENTRY/EXIT GATE CAPITAL IMPROVEMENT STUDIES • ADA-compliance • Management of vehicular access • Improvements to parking & transit • North entry/exit to GRFA • Manage Gore Creek landscape • Parkwide signage and wayfinding 452 FORD PARK MASTER PLAN UPDATE WELCOME CENTER STUDY AREA POTENTIAL WELLHOUSE LOCATION WEST MAINTENANCE STUDY AREA SOUTH FORD PARK MAINTENANCE STUDY AREA COMMONS STUDY AREA AMPHITHEATER RENOVATIONS NATURE CENTER STUDY AREA APPROXIMATE WELL LOCATION Future Study Area FACILITIES & PROGRAMS CAPITAL IMPROVEMENT STUDIES • GRFA renovations • Engagement and design process for the Vail Nature Center • Reorganization, enhancement, and safety upgrades for the Commons • Improve maintenance capabilities for BFAG and VRD • Ford Park Welcome Center / Visitor Service Hub • ERWSD well development 453 FORD PARK MASTER PLAN UPDATE PRIORITY OPERATIONAL ACTIONS 1. Establish the Ford Park Oversight Committee. Implement an ADA-compliance and traffic- reduction study. Collaborate with stakeholder organizations to reorganize maintenance responsibilities within the Park. 2.3. 454 THANK YOU 455 Present:John Rediker Reid Phillips 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: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster 3.1 A request for the review of a Development Plan, pursuant to Section 12-6I-11, Development Plan Required, Vail Town Code, for a new housing development to be located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0014) Phillips opens the first two items on the agenda. Planner Spence gives an introduction and walks through the history of the applications for this project. Mike Foster with Triumph Development gives a presentation. He walks through some of the changes from the previous presentation. He talks about the unit configuration. He talks about the amenities of the project. The talks about the process to date. Planning and Environmental Commission Minutes Monday, October 9, 2023 1:00 PM Vail Town Council Chambers Staff Memo PEC23-0014, PEC23-0012.pdf A. Applicant’s Narrative, 9-22-23.pdf B. Narrative Exhibits_Part1.pdf B. Narrative Exhibits_Part2.pdf B. Narrative Exhibits_Part3.pdf C. Arch Plans small_Part1.pdf C. Arch Plans small_Part2.pdf C. Arch Plans small_Part3.pdf C. Civils_Part1.pdf C. Civils_Part2.pdf C. Landscape.pdf D. TR-PW PEC Conditions 10-4-23.pdf 1 Planning and Environmental Commission Meeting Minutes of October 9, 2023 456 He talks about the variance for the retaining wall height. He talks about the proposed bus stop. Pratt asks about the bed count. Foster says it went down by 4 beds, but there is a gain of 6 units. Pratt asks about the landscape island requirement for the Lions Ridge Loop parking from the Public Works letter. Foster says it will be included in the condition of approval, there will be landscaping island every 8 parking spots. Spence says the applicant team reviewed the conditions, there will be a slightly revised conditions of approval provided at the meeting today. Rediker asks about seeing those on Zoom. Spence will send those via email to PEC members on Zoom. Jensen likes the addition of the parking spaces but notices some of the original in the parking count are given up for bus. Foster says the overall parking count, including new parking on Lions Ridge Loop, is net 37 parking spaces over the last version presented. Jensen asks what the opportunity for additional parking on Lions Ridge Loop is. Foster says he’s asked Town Council about the opportunity to add additional space beyond what is envisioned now. There could be additional public parking on Lions Ridge Loop, which may be parallel parking along the street. Adding more head-in parking on the property increases the costs significantly, as more retaining wall would need to be engineered. Jensen asks for a summation of the total parking. Foster says the unit count increased from 288 to 294. Now we’ve got one per unit and 38 guest parking spaces with this design. Rediker asks how residents will access the parking spots on Lions Ridge Loop. Foster says there will be stairs on both the west and east side of the property and there will be a maintenance plan for these at all times. Rediker asks who will be responsible for the management. Foster says the HOA will manage that. Phillips runs through the parking count, 38 spots above 1:1 count. Phillips says it helps removing the 6-bedroom units from the equation. Lipnick asks how many spaces are down below? How will you decide who is parking above? Foster says there are 287 spaces below the units. Some units will have their assigned parking on Lions Ridge Loop. There will be a lottery or some kind of assignment for units and parking. Hagedorn asks about the access path in regard to the Fire Department. Foster says the Fire Department has reviewed it and is comfortable. Michael Heitsman gives a presentation. He walks the PEC through some 3D renderings from different 2 Planning and Environmental Commission Meeting Minutes of October 9, 2023 457 angles. Smith asks about the units in Building E. Foster says the square footage of the 2 bedroom unit is a little bit larger than typical on site. Smith says there will be amazing views from some of the decks. Foster agrees the south-facing decks will have spectacular views. Lipnick says compared to the neighbor at Lions Ridge to the east, their building heights are 43 feet, whereas Timber Ridge II will be close to 85 feet in height. Foster walks through the height, these are four and five story buildings on top of a podium. Lipnick says that is great for more density and housing. Hagedorn asks if this is the final bus stop proposal. Foster says it is, he believes for all intents and purposes it is 98% of what the final design will be. Hagedorn asks about the cost. Foster says it’s a challenge and he had a good meeting with the Town recently. The revision will add cost, the co-applicants will figure out how that gets funded. Pratt asks about condition #11. The wall in front of the CDOT building will that be 3 feet? Foster confirms. Smith references 14-6-7 retaining walls, she’s glad that it has been worked out. Smith says the renderings are helpful to visualize the project. Phillips asks about the sun study. Foster says they’ve identified several areas that would be the main snow storage on the site. Phillips says with the height of the buildings and shading, there is a lot of potential stackup. He asks about looking at that with Public Works. He asks about breaking up the parking on Lions Ridge Loop, that may help with access from the east, as it’s a long way to walk to the stairs at the east. Foster says they’ve looked at options, many add additional cost. They are leaving space to the east for potential parallel parking or public spaces in that area. Phillips and Foster discuss stairway and grading considerations. Phillips says the PEC is aware of cost considerations. Smith asks to get Town Engineer Tom Kassmel’s input regarding the changes to the bus stop and parking. Kassmel says he feels good about the bus stop, providing transit to the transit-oriented development. It’s a good solution on Lions Ridge Loop for this specific application for housing. There is a condition for adding some traffic calming to Lions Ridge Loop. Adding landscape and snow storage areas there will help aesthetically and for safety. The walls in the right-of-way technically don’t need a variance, but the others would. Other than that, they’re good with the conditions that have been provided. 3 Planning and Environmental Commission Meeting Minutes of October 9, 2023 458 Phillips asks about a deceleration lane for the westbound lanes. Kassmel says it was not required to have a right turn lane. For the eastbound traffic, a left turn lane was required, much like other developments along the frontage road. Kassmel adds that it’s all based on the traffic report, which includes the transit considerations. Phillips asks about outreach to Lions Ridge Loop neighbors. Kassmel says there has not been any, other than the average notification for this project. They were asked about parallel parking in that area separately as part of the master plan. Smith asks if they have flexibility to resolve final tweaks that are being worked on. Kassmel says the transit area achieves what they’re looking for. Spence says there is language in the conditions that gives flexibility as the final design is nailed down. Phillips asks for public comment. There is none. He asks for commissioner comment. Jensen says the additional spaces is a good step in relieving some of the pressure. The 3D models really give an opportunity to get a sense of the development. This is a significant step forward to address housing needs of the area. Hagedorn thanks Foster for the presentation. He appreciates the additional parking that is helping to create a solution. He appreciates the coordination with TOV public works. Density and massing are where we need it, and he appreciates the efforts to mitigate that. He is satisfied with where it is at and is in favor of approval. Smith says this is a fantastic project and will be an amazing benefit to the community. The additional parking and pedestrian access from Lions Ridge Loop will be a great benefit. The rooftop decks will be an exceptional perk for West Vail. The height is good, and she appreciates that several options were brought forward. She feels comfortable supporting the project. The setback variation is unfortunately worded because it’s not really a variance as the housing district is the only district where this can be varied. That tool was provided for exactly this case, and the project is better with this change. It is compatible with the neighborhood. The variance is justified, as a lot of it is providing parking. Lipnick says it has greater density than its neighbors, but he appreciates that because it’s in a place where it should be. He likes the new bus stop design. The parking ratio is better than it was. Younger people might appreciate the units with more bedrooms for the community feel. He thanks the applicants for being forthright in listening and responding to the PEC. Pratt thanks applicants for being incredibility responsive. Thank you for taking some stories off, adding parking to Lions Ridge Loop. He states that the applicant fully understands the critical need for housing. He takes a long view towards things. He is also very much concerned about quality of life issues in building C. There is one building too many here, but he understands the direction from the client. Rediker thanks applicant team for doing a good job and responding. Looking at the variance criteria, he believes that is met. Looking at the development plan in terms of density and site coverage, it looks good, landscaping as well. Variation to setback works for this site and meets the criteria. His one concern is parking. The team is being creative on a difficult site. He still has concerns and does not agree with the position that 1:1 parking is realistic. He can’t be supportive of those criteria, and Council is the one telling people that this is ok. He is supportive of all other aspects. Phillips agrees that at some point we need to remember quality of life in our quest for more workforce housing. The initial feedback on Main Vail is great but there are a lot of people there. We are replacing a 4 Planning and Environmental Commission Meeting Minutes of October 9, 2023 459 long overdue employee housing facility, and density isn’t a huge concern, but making sure it’s a viable way to live for everybody that’s coming here is important. He appreciates the work on the bus option and comments that it sounds like the developer did their homework with utilities. He assumes the land transaction has been completed or is in the process. The square foot pricing is hard to swallow as far as employee housing. Badly needed project, Timber Ridge is long past due needing to be replaced, as it is a blight as far as what we’re trying to do for our employees. 3.2 A request for the review of a variance from Section 14-6-7 Retaining Walls, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for retaining walls in excess of six feet in height located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regards thereto. (PEC23-0012) See Item 3.1 for combined staff report and attachments Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Item heard concurrently with 3.1 Planner: Jonathan Spence Applicant Name: Town of Vail, represented by Todd Oppenheimer 3.3 A request for a recommendation to the Vail Town Council, pursuant to Section 3- 2-6A: Function, Vail Town Code, concerning adoption of the Updated Ford Park Master Plan. (PEC23-0020) Planner Spence gives an introduction to the Ford Park Master Plan. The applicants are represented by Gregg Barrie, Todd Oppenheimer, and Andy Dawson. They give a presentation. Dawson talks about the purpose of the plan. Brad Hagedorn made a motion to Approve with the updated conditions of approval and findings on page 20 & 21; Robyn Smith seconded the motion Passed (5 - 2). Voting For: Bill Jensen, Bobby Lipnick, Robyn Smith, Reid Phillips, Brad Hagedorn Voting Against: Henry Pratt, John Rediker Robyn Smith made a motion to Approve with the findings on page 18; Bobby Lipnick seconded the motion Passed (7 - 0). Ford Park Master Plan PEC Memo, October 9, 2023.pdf Attachment A. Ford Park Master Plan – Responses to Commissioner Comments, October 9, 2023.pdf Attachment B. VVF Letter of Support.pdf Attachment B. VRD Letter of Support.pdf Attachment B. BFAG Letter of Support.pdf Attachment C. Draft Ford Park Master Plan Update, 2023.pdf Attachment D. Draft Ford Park Master Plan Appendix.pdf 5 Planning and Environmental Commission Meeting Minutes of October 9, 2023 460 Barrie talks about the office space. We wouldn’t ask anybody to vacate their current space. We must evaluate the current situation, as other office spaces may become available elsewhere. Pratt clarifies that he wasn’t referring to the golf course clubhouse previously. He was referring to the yard and maintenance facility. Lipnick asks about the terms of the leases. He appreciates that the appendix has information on that. He asks about the Vail Rec District’s lease in the park. Oppenheimer says their lease is very different than the others. Initially, the VRD was a department of the town before separating. He doesn’t know that there is an expiration date, as it’s more of a management and funding agreement with the Town. Smith asks about the welcome center. Are the majority of visitors to Ford Park coming from the road or from pedestrian paths from the west and east? Oppenheimer says there is not a definitive answer but it’s something they would want to look at with a welcome center study. Smith asks if the location of the welcome center could be relocated depending on that study. Oppenheimer says the area around the current center is where the infrastructure exists. Welcome center functions would also relate back to the signage and wayfinding. Maybe there could be kiosks, for example. Smith and Oppenheimer discuss additional options. Dawson says there is also an emphasis on transit to the park and that was part of the consideration here. Smith says a larger mobility study could help address a lot of these questions. Oppenheimer says counts are helpful but still don’t tell the whole story of the needs of those users. Smith says that a local citizen suggested if you ever rip out the turf, you should have a ripping out the turf party or event. Phillips says we need to figure out this access, as it’s never been necessarily a welcome center, they do it out of courtesy. The concession building is underutilized – concerns about the master plan advancing without us knowing what the needs and conditions are. If we augment the experience there, the welcome center would be helpful, but not sure it is needed at this time. There are a lot of projects coming online that will stress the funding priorities of this town. Stakeholders deciding on essentials versus desires. Making sure we validate this by data. One note regarding the pickleball noise, are the mats up at the pickleball center? Oppenheimer says they are mostly up. Phillips says if this solution does not satisfy neighbors, the solution could be using the underutilized tennis courts at Ford Park for pickleball. He added that we need to drill down and separate what stakeholders want and need. Make sure this is equitable and that the Town is getting back what they need from a lease perspective with these capital improvements. Government waste and spending is becoming a bigger issue for the Town. He added that he is not knocking this process, but let’s just take our time and make sure we have the data we need. Barrie says the studies are there to validate the need for any capital improvements; that is one of the goals of each of the studies. 6 Planning and Environmental Commission Meeting Minutes of October 9, 2023 461 Lipnick asks what the studies are: ADA access, traffic & wayfinding, welcome center? Oppenheimer confirms. We have good requirements in place and let’s use those. Lipnick asks about the timing of the studies. Oppenheimer says in the budget for next year there is some money to start looking at these studies. Barrie adds each of these is subject to council review. Smith says some of the studies lend themselves towards the outcome. Include these in a more robust understanding that starts with understanding the need of the user first. The solutions can flow from there. The work of understanding stakeholders was incredible work that was long overdue. There is work to be done to understand the needs of the user. Dawson says as far as this plan goes is to acknowledge the process. Rediker asks about the recommendation regarding vehicle access on pg. 120. Have you considered not allowing any vehicular traffic along E Betty Ford Way, unless there is somebody who is disabled that needs to access it? Oppenheimer says a gate is needed; the hard question is who gets through the gate. There are maintenance needs that need access and there are deliveries that do need to get to primarily the amphitheater. The Master Plan recommends looking at expanding the electric vehicle service that is going on in the village. ADA is a big one – there used to be a gate where people would present their placard and drive down to one of the four ADA spaces. The change in parking equipment did not support that function any longer and the whole gate was removed. Barrie adds that we need a gate, but there is some coordination that needs to happen with the stakeholders first, and the Ford Park oversight committee. Rediker and Oppenheimer discuss the current circulation and transportation on E Betty Ford Way. Rediker references the diagram on pg. 120. Is there a recommendation for an exit only gate on the other side? Dawson says the emphasis was on the safety issue by enforcing a one way through the park. The third gate is meant to accommodate the maintenance vehicles at the west facility. This is meant to be a first step towards managing the way vehicles move through the park. Rediker says there must be a gate on the east side. It may be as simple as a gate with a code. Why does it need further study, as it is a tier 1 priority according to the plan. Oppenheimer says accessibility plays a huge part. Those folks with an ADA placard are not just going to the amphitheater. The park is a public facility and needs to accommodate disabled guests, which it currently does not. Allowing those guests to get down is important. Rediker says it’s a priority to get the gate there, and it should be a priority recommendation. Currently, there are too many people moving through the park in vehicles. Rediker references pg. 135, the conceptual idea for the lower bench. Dawson says the impetus for that is dependent upon the upcoming art studio to be installed and adjacency with the existing picnic structure which was identified to be underutilized. Maybe rebuilding or restoring that is an option. Important to reinforce the relationship between commons lawn and a new picnic structure and potential management improvements along Gore Creek. Rediker agrees with the conceptual idea of removing the picnic structure. He asks some clarifying 7 Planning and Environmental Commission Meeting Minutes of October 9, 2023 462 questions about the conceptual graphic. Jensen says of all the discussions, the topic with the most time has been ADA. ADA must be the priority for future funding. The Town is responsible for the infrastructure, and the leaseholders are responsible for leaseholder agreements. Addressing ADA issues should be the first priority. Phillips asks for public comment. Peter Blosten is with Vail Valley Foundation. Some stakeholders were adamant that pickleball did not go in that location. Phillips talks about the management of transportation for events. Blosten talks about the existing management. He says they are supportive of the Master Plan. There is no additional public comment. Phillips asks for commissioner comments. Smith likes that the master plan creates the oversight committee, with a required check to produce consensus. There is a lot of cohesion and efficiency that can be produced by getting the stakeholders together. A movement or mobility study, a higher standard for user feedback and data is an important part moving forward, as there is room for the user to have a larger voice. ADA accessibility is a huge part of the plan. The Vail Veterans program would be a good stakeholder to include. Smith does support this if there was a motion, or they could table to incorporate feedback. Lipnick agrees that ADA accessibility is the number one priority. How this oversight committee manages Ford Park is critical going forward. The recommendation at that time was to have the deputy town manager oversee the committee. Lipnick agrees with Smith that wholistically looking at that data is critical. Pratt says this was the same process in 2013, and this is a best guess master plan. What you’ve done is a good way to focus on what the shortcomings are. The park is finite. VRD taking over grounds maintenance from Town is a good idea. Before you spend money on welcome center study, put up a couple maps at the entrances. The biggest solution must be to make bus access from the parking centers as easy as possible. He talks about parking opportunities on the east end, opportunity to possibly add offices and other amenities there. Hagedorn says it’s a good learning experience for him in this area. His concerns were ADA and office space. He appreciates that ADA accessibility is a top priority and appreciates that tough decisions will have to be made regarding office space. All of this takes action and follow through. Rediker states that the implementation recommendations are well done, and that is the meat of the plan. It is also important to see the three letters from the largest stakeholders. Looking at the three factors in the memo, staff is correct in all three. Wants to make a note regarding office space, as he sits on the VRD board doesn’t think there’s a conflict. Recognize that there are VRD offices for administration, not Ford Park operations. VRD is a different stakeholder, TOV must come up with options for VRD. The golf course maintenance is not a good location for that, as he understands that the Town is not going to ask to move administrative offices out of the Tennis center until there is an alternative. VRD is a large organization and essential to a lot of events in the Town. He thanks applicants for their work. Jensen supports the other commissioner comments and thanks applicants. Look at entry information kiosks before the full welcome center as a first step, as this would go a long way to providing guest with information. Phillips agrees with fellow commissioners. We appreciate the stakeholders input and try to accommodate those needs along with user needs. We want to avoid building facilities that are unused or underutilized. Supports master plan as it has evolved; need to be careful how we spend money and need to become 8 Planning and Environmental Commission Meeting Minutes of October 9, 2023 463 ADA compliant. Planner: Heather Knight Applicant Name: CO Snowsports Museum, represented by Jen Mason 3.4 A request for the review of variances from Section 11-6-2(A)(1)(a), Business Identification Signs, Number, Vail Town Code, to allow for more than one (1) business identification sign and from Section 11-6-2(A)(1)(b), Business Identification Signs, Area, Vail Town Code, to allow for a business identification sign greater than six (6) square feet in area, in accordance with the provisions of Section 11-10-1, Variances and Appeals, Vail Town Code, located at 231 East Meadow Drive (Colorado Snowsports Museum)/Tract B & C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC23-0021) Planner Knight gives a presentation. The size of the sign area was approved in 2018, they made the decision not to move forward with an additional sign. She gives the background and context of the application. Jen Mason is the applicant. She talks about the need for the request and states they want to clarify the full logo which explains the type of museum. Hagedorn asks if the one sign achieves its purpose. Mason says yes. They hear they are hard to find as well, or people didn’t know what kind of museum it was. Rediker asks if there is any consideration to the location if the PEC is only to approve one sign? Mason says they also have a hidden door, so it would be better over the door. It’s a tricky location, the hard part is people finding it the first time. She talks about potential ideas for making the front door more appealing. Knight adds that there is the possibility to add window signage within the code and not needing a variance. Smith asks if there are other businesses with two signs variance. Knight confirms that no other variance has been granted to her knowledge. Smith says the DRB is best positioned to look at aesthetics. In either instance the location is not great for visibility. Mason says they are also confused with the welcome center above. Lipnick says visitors would primarily access from Meadow Drive, it would be helpful to have some signage down there. Phillips says it’s difficult to grant a variance for two signs. There may be opportunities for additional signage within the code. He recommends the location over the windows as it has more visibility but either would work. He can’t support the two signs. John Rediker made a motion to Recommend for approval with the findings on pages 6-7.; Bobby Lipnick seconded the motion Passed (7 - 0). PEC23-0021 Sign Variance Staff Memo.pdf Attachment A. CSM sign variance applicant narrative.pdf Attachment B. CSM Signage Proposal.pdf 9 Planning and Environmental Commission Meeting Minutes of October 9, 2023 464 Hagedorn agrees. He sees the hardship in terms of location, but the granting of two signs is a rabbit hole. Also inclined to grant a variance for the larger sign but not the two signs. He supports the mission of the museum, but the variance process is to grant the minimum relief needed. Phillips asks for public comment. There is none. Smith says this is an exceptional circumstance. A sign next to the door catches people on the stairs but underserves people entering or exiting the parking garage. Lipnick says the museum is underutilized especially by visitors. He is in favor of a variance for two signs and agrees with the increase in size. Hagedorn reiterates his previous comments. This is a high traffic area, the intent of the one sign in the zoning is to reduce redundancy and visual clutter. He states he doesn’t support two signs. Rediker says Criteria 1 is met by both applications. It’s a very difficult location. Criteria #2 agrees with staff, the applicant did not in any way create the circumstances regarding both applications. He references Criteria 3. The museum is difficult to find, the second sign is not obtrusive. Also understands that two signs may not be benefitting the guest experience. If there is one sign, could there be a larger one by the door. Don’t want to preclude the opportunity to add a second sign. If it’s not approved today, don’t know that it couldn’t be approved down the road. Smith asks about sandwich board signs. Spence says sandwich board signs are temporary signs which are only allowed for a period of 14 days. Phillips says the sign location near the door is in a tough spot. He is inclined to change his position because he thinks we can do better. If we approve, is this the exact proposal, or can that be addressed from a procedural point? Knight says the variance is for the number of signs, the proposal will still have to go in front of the DRB regarding design. (Pratt & Jensen recused) 4.Approval of Minutes 4.1 PEC Results 9-25-23 (Lipnick abstains, not present at previous meeting) 5.Information Update 5.1 Environmental Update - Exterior Energy Offset Program Cameron Millard gives a presentation on exterior energy offset programs. Robyn Smith made a motion to Approve the request for two signs and increased area of signage with the findings on page 8; Bobby Lipnick seconded the motion Passed (4 - 1). Voting For: Bobby Lipnick, Robyn Smith, Reid Phillips, John Rediker Voting Against: Brad Hagedorn PEC_Results_09-25-23.pdf Brad Hagedorn made a motion to Approve ; Robyn Smith seconded the motion Passed (6 - 0). PEC Memo - EEOP.pdf 10 Planning and Environmental Commission Meeting Minutes of October 9, 2023 465 Smith asks when this amount for these features is charged. Millard says at building permit, for new development or significant redevelopment. Smith asks about the dollar amount. Millard says in some cases there could be fees, in the tens of thousands of dollars. It depends on the scope and cost of the project. Smith says it would be helpful to know for context. Pratt says the county fee in Beaver creek was over $80,000 for a snowmelt driveway only. Phillips says Eagle County has a $16 surcharge for snowmelt above a certain level. He would include hot tubs and pools within this scope. Everywhere else in Eagle County you pay a fairly steep fee on snowmelt but not in Vail. The thing to remember with refurbishments is that the new system should be more efficient and upgraded, therefore fees may not be appropriate in that case unless square footage is being added. Hagedorn says it feels like hypocrisy for Vail to put this in place without examining the Town’s practices. It seems wrong to put this onus on other people when the Town doesn’t have a plan in place to address the Town’s snowmelt system. Smith asks how the Town could address this. Millard says businesses do benefit, the corridor benefits, it exists for a set of reasons. There is a solution in the form of geothermal, got approval from council to do some exploration. It could behoove the Town, $9 million dollars for Town snowmelt system was estimated. Hagedorn appreciates that alternatives are being looked at. Smith says it’s important to address this. She asks about irrigation systems. Millard says he can look into it. In some cases, it may be prudent to allow exemptions – for example a helicopter landing pad. What about snowmelt on steep driveways? How aggressive do we want to be? Smith wants to differentiate between second homes and primary homes. Phillips says the counterargument is that full-time residents do consume more energy than part time residents. This was a contentious issue when Aspen looked at it. He talks about snowmelt management practices. He’s not defending the second homeowner and saying there’s not an impact there but there is a counterargument there. Jensen says the TOV is living in the proverbial glass house. The Town will need a better position on the current system. He’s not opposed to this directionally and a lot of details still need to be worked out, but it comes back to the Town’s practices. Pratt encourages to the Town to look for geothermal options. He agrees that applying the fees retroactively to a system being replaced is inherently unfair because the replacement will be multiple times more efficient. There is a quality-of-life issue because we are a tourist town. You raise a good point that the commercial uses generate more pollution than someone’s private fire pit. Pratt encourages Millard to focus on commercial and for new residential lower charge, only where you’re adding not replacing. Millard clarifies this is only exterior energy uses. Hagedorn clarifies it is not that we should do nothing, it’s that we should do something wholistically. He 11 Planning and Environmental Commission Meeting Minutes of October 9, 2023 466 would prefer that this money is earmarked for environmental initiatives. Smith reiterates that the second home is beyond what is necessary, so let’s not put the greatest burden on those who don’t have choices. Millard says good design can mitigate a lot issues. Option to mitigate with renewable energy does have a payback, there can be benefits. It’s not a punitive thing. Phillips says there is a lot of existing data and policy out there, let’s learn from those. Lipnick agrees with focusing on commercial properties as well as focusing more on secondary homes versus primary residences. Millard will come back to PEC with further information. 6.Adjournment Robyn Smith made a motion to Adjourn ; Brad Hagedorn seconded the motion Passed (7 - 0). 12 Planning and Environmental Commission Meeting Minutes of October 9, 2023 467 AGENDA ITEM NO. 5.2 Item Cover Page DATE:November 7, 2023 TIME:15 min. SUBMITTED BY:Stephanie Bibbens, Community Development ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Resolution No. 44, Series of 2023, a Resolution of the Vail Town Council Approving the Update to the Vail Land Use Plan Associated with the Rezoning of a Portion of Lot 1, Timber Ridge Subdivision. SUGGESTED ACTION:The Planning and Environmental Commission voted to recommend approval of Resolution No. 44, Series of 2023. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Res 44 of 2023 Staff Memo 11-7-23.pdf Attachment A. Resolution No. 44 Series of 2023.pdf Attachment B. Staff Memo PEC23-0015, 0011 Rezone, LU Amend 8-28.pdf Attachment C. PEC Results 8-28-23.pdf 468 TO: Town Council FROM: Community Development Department DATE: November 7, 2023 SUBJECT: Resolution No. 44, Series of 2023, a resolution of the Vail Town Council approving the update to the Vail Land Use Plan associated with the rezoning of a portion of Lot 1, Timber Ridge Subdivision. (PEC23-0015). Applicant: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Planner: Greg Roy, Planning Manager I.SUMMARY The applicants, Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster, are requesting a land use plan amendment, to designate High Density Residential to a previous portion of CDOT right-of-way that has no land use designation. The PEC voted 7-0 to recommend approval of PEC23-0015. II.ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 44, Series of 2023. III.DESCRIPTION OF REQUEST This application proposes to designate the former CDOT right-of-way being incorporated into the Timber Ridge Subdivision Lot 1 as High Density Residential land use. The area in question currently does not have a land use designation as a land use category is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a land use designation is needed. A.Resolution No. 44, Series of 2023 469 Town of Vail Page 2 B.PEC23-0015 Staff Report C.PEC Results 8-28-23 IV.BACKGROUND The subject property is a portion of the CDOT right-of-way that is proposed to be included as part of the Timber Ridge Subdivision with the Minor Subdivision application (PEC21-0010). As the Town is currently not the owner of this property, CDOT has given permission for the Town to enter the entitlements process. Right-of-way does not carry a land use designation and is not assigned a zone district. Since this property is proposed to be incorporated into the greater Lot 1 of Timber Ridge Subdivision, the property needs to be assigned a land use and a zoning designation. For consistency, the proposed High Density Residential land use and Housing zone district will result in uniform land use and zoning designations. In 2013 the property was subdivided into two lots and the eastern portion of the property was redeveloped. In this process, 102 apartments were demolished and replaced with 113 new units. The western portion of the property that is the subject of this application has remained largely the same since it was constructed with only minor changes to the building and site. V.RECOMMENDED MOTION Should the Vail Town Council choose to approve Resolution No. 44, Series of 2023, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, Resolution No. 44, Series of 2023, a resolution of the Vail Town Council approving the update to the Vail Land Use Plan associated with the rezoning of a portion of Lot 1, Timber Ridge Subdivision.” Should the Vail Town Council choose to approve Resolution No. 44, 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 470 Town of Vail Page 3 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.” Vl. ATTACHMENTS A.Resolution No. 44, Series of 2023 B.PEC23-0015 Staff Report C.PEC Results 8-28-23 471 1 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/RESOLUTIONS/2023/RESOLUTION NO. 45 (TR LAND USE)/ATTACHMENT A. RESOLUTION NO. 45, SERIES OF 2023.DOCX RESOLUTION NO. 44 SERIES 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE UPDATE TO THE VAIL LAND USE PLAN ASSOCIATED WITH THE REZONING OF A PORTION OF LOT 1, TIMBER RIDGE SUBDIVISION WHEREAS, the Town is in the process of acquiring the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land Use Plan, via Resolution 27, Series of 1986; WHEREAS, on June 21, 2023, the Town filed an application to rezone the Property from undesignated to Housing (H) and to update the Vail Land Use Plan accordingly (the "Application"); WHEREAS, on August 28, 2023, the Planning and Environmental Commission (the "PEC") held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on November 7, 2023, the Town Council held a properly-noticed public hearing on the Application, and approved the rezoning of the Property to Housing (H). NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town Council hereby approves the update to the Vail Land Use Plan as set forth in Exhibit B, attached hereto and incorporated herein by this reference. The update shall become effective upon the effective date of the ordinance rezoning the Property to Housing (H). INTRODUCED, READ, APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 472 2 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/RESOLUTIONS/2023/RESOLUTION NO. 45 (TR LAND USE)/ATTACHMENT A. RESOLUTION NO. 45, SERIES OF 2023.DOCX EXHIBIT A Legal Description of Property Beginning at a point on the Right-of-Way ("ROW") of said I-70 from which the center of said Section 12 bears S10°07'54"W 1217.48 feet; thence S52°50'29"W 408.80 feet; thence N37°09'31"W 109.99 feet to a point on the ROW of said I -70; thence along said ROW the following two courses: (1) N52°50'29" E 108.80 feet; (2) N72°58'35" E 319.53 feet to the point of beginning. 473 3 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/RESOLUTIONS/2023/RESOLUTION NO. 45 (TR LAND USE)/ATTACHMENT A. RESOLUTION NO. 45, SERIES OF 2023.DOCX EXHIBIT B Land Use Plan Amendment 474 To: Planning and Environmental Commission From: Community Development Department Date: August 28, 2023 Subject: A request for a recommendation to the Vail Town Council for a review of a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0015) Applicant: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Planner: Greg Roy And A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0011) Applicant: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Planner: Greg Roy I. SUMMARY The applicants, Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster, are requesting the review for two (2) applications. These two applications, a land use plan amendment and a zone district boundary amendment, are intended to provide a land use designation of High Density Residential and the Housing District zoning to a previous portion of CDOT right-of-way. As right-of-way, this parcel had no previous land use or zoning designation. 475 Based upon Staff’s review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for an amendment to the Vail Land Use Plan to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential and for a zone district boundary amendment to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. II. DESCRIPTION OF THE REQUESTS Land Use Plan Amendment: This application proposes to designate the former CDOT right-of-way being incorporated into the Timber Ridge Subdivision Lot 1 as High Density Residential land use. The area in question does not currently have a land use designation as a land use category is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a land use designation is needed. 476 Zone District Boundary Amendment: This application proposes to zone the former CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not currently have a zoning designation as zoning is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21- 0010), a consistent zoning designation is needed. 477 Please find attached for review: A. Applicant Narrative, 8-11-2023 B. CDOT Letter, 6-7-2023 C. Vicinity Map D. Land Use Plan Amendment Exhibit E. Zone District Boundary Amendment Exhibit III. BACKGROUND The subject property is a portion of the CDOT right-of-way that is proposed to be included as part of the Timber Ridge Subdivision with the Minor Subdivision application (PEC21-0010). As the Town is currently not the owner of this property, CDOT has given permission for the Town to enter into the entitlements process. Right-of-way does not carry a land use designation and is not assigned a zone district. Since this property is being proposed to be incorporated into the greater Lot 1 of Timber Ridge Subdivision, the property needs to be assigned a land use and a zoning designation. For consistency, the proposed High Density Residential land use and Housing zone district will result in uniform land use and zoning designations. 478 The subject property was annexed into the Town of Vail in 1975 with Ordinance No. 26, Series of 1975. The Town of Vail acquired Timber Ridge Village Apartments in 2003 for $20 million to preserve the deed restricted employee housing designation on the property. Constructed in 1981, Timber Ridge is Vail’s largest deed restricted employee housing complex, currently consisting of 209 rental apartments. In 2013 the property was subdivided into two lots and the eastern portion of the property was redeveloped. In this process 102 apartments were demolished and replaced with 113 new units. The western portion of the property that is the subject of this application has remained largely the same since it was constructed with only minor changes to the building and site. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter ll – Land Use Plan Goals/Policies 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.10. Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the marketplace demands for a full range of housing types. 479 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Chapter Vlll – Implementation 2. Key Goals B. Residential Uses 1. Additional residential growth should continue to occur primarily in existing, platted areas. 2. New subdivisions should not be permitted in proven high geologic hazard areas. 3. Development proposals on the hillsides may be appropriate, in a limited number of cases, for low density residential uses. These proposals would need to be evaluated on a case-by-case basis, with development being carefully controlled as to sensitivity to the environment and visibility from the Valley floor. E. General Growth and Development 5. Development may also be appropriate on Town-owned lands by the Town of Vail (other than park and open space) where: a. No high geologic hazards exist; and b. Such development is for public use. Chapter Vlll – Implementation 3. Amendment Process The amendment process is one which is intended to assure the Plan’s effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the private sector A. Community Development Department Amendments The Community Development Department should update and revise the Plan every three to five years, whenever possible. However, if the plan is not updated within such time frame, this shall not jeopardize the validity of the plan. This should include analysis of the goals and policies; update of the forecasting model and review and revision of the Land Use Plan map. The Community Development Department would then make recommendation for proposed changes to the Planning and Environmental Commission where these changes would then be considered in a public hearing format. The Planning and Environmental Commission would then make recommendations to the Town Council, which would also hold a public hearing on the proposed changes. If adopted, the changes would then become a part of the Plan. B. Planning and Environment Commission or Town Council Amendments 480 These entities could also initiate plan amendments periodically, as deemed appropriate. These amendments would also require public hearings with both the Commission and the Council, and upon adoption then become a part of the Plan. C. Private Sector Amendments The private sector may also initiate amendment requests. These should be initiated in the following way: 1. Make application with the Community Development Department. Applications may be made by either a registered voter, a property owner or a property owner’s authorized representative. Such application may be made at any time. 2. Such applications will then be considered at a meeting with the PEC. At the Planning and Environmental Commission hearing, a recommendation shall be made to the Town Council, whereupon a decision shall then be rendered. To change the Plan by this procedure, it will be the responsibility of the applicant to clearly demonstrate how conditions have change since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. Such decisions may include approval, approval with conditions or denial. Amendments may be requested for change to the goals and policies and/or Land Use Plan map. If such request is approved, such change shall be made to the Plan document and/or map. If such request is denied, no such request that is substantially the same as that previously denied shall be considered for a period of one year. 4. Proposed Land Use Categories HDR High Density Residential The housing in this category would typically consist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, and private parking facilities and institution/ public uses such as churches, fire stations and parks and open space facilities. Vail Town Code TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE 12-3-7: AMENDMENT: A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the 481 planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 482 (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 12-6I: Housing (H) District 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 opportunities. Community - Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods 483 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. 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 484 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. V. SURROUNDING LAND USES Land Uses Zoning North: Timber Ridge Housing (H) South: CDOT Frontage Road No zoning East: Timber Ridge Housing (H) West: Post Office Medium Density Multiple-Family (MDMF) VI. REVIEW CRITERIA Zone district boundary amendment. (a) Factors, enumerated. Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; The proposed zone district amendment is supported by the Vail Comprehensive Plan. One component of the comprehensive plan is the Land Use Plan. Some key goals of the plan are to continue additional growth within existing platted areas and areas without high geologic hazards. The General Growth and Development section of the land use plan notes that the development of Town- 485 owned land may be appropriate if it is not within in high hazard zones and the development is for a public purpose. The proposed rezoned area is not within a high hazard zone and will be Town-owned and rezoned to Housing zone district to ensure it is for the public purpose of deed-restricted housing. Staff finds that the proposed zone district amendment conforms to this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town’s adopted planning documents; The piece of land proposed to be rezoned is a portion of right-of-way that is being incorporated into the adjacent larger Lot 1. That lot currently is zoned Housing, and to be consistent with that zoning, this portion of land is also proposed to be zoned Housing. This is suitable to the potential uses on the site and potential surrounding uses. There is no change for neighboring properties’ zoning, only an enlargement of the area that is zoned such. Staff finds that the proposed zone district amendment conforms to this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; The proposed zone district amendment is consistent with the adjacent zoning on the property. The adjacent area to the east is also within the Housing zone district and presents a harmonious continuation of use along the North Frontage Road. It is consistent with development objectives including the Vail 20/20 plan to increase housing for employees within the Town of Vail. Specifically noted as part of that plan is to “Redevelop Timber Ridge to increase affordable/workforce housing and maximize redevelopment potential with high density zoning”. The proposed zone district allows for increased area to maximize the redevelopment of this site. Staff finds that the proposed zone district amendment conforms to this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; The proposed zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the Housing district are set by the PEC and will allow the commission to review how the site is developed in terms of site planning, height, density, and setbacks. The area along this portion of North Frontage Road has already been developed 486 with housing and continuing that use in this area will provide an orderly development that is in the best interest of the larger community. Staff finds that the proposed zone district amendment conforms to this criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; There are no adverse or beneficial to the natural environment that are anticipate to result from the rezoning of this parcel as the land proposed to be rezoned is currently a portion of CDOT right-of-way and provides little environmental value. It is located between the current Timber Ridge development and North Frontage Road. While currently undeveloped, the placement of this land prohibits use from any fauna. The proposed zoning change to this existing development would not negatively affect riparian corridors, air quality, water quality, or other environmental aspects. Staff finds that the proposed zone district amendment conforms to this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; The proposed zone district amendment is consistent with the purpose statements for the Housing district. The Housing zone district purpose statement reads, in part, “The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in § 12-1-2 of this title and to provide for the public welfare…the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open space and other amenities”. This amendment will incorporate the district in an appropriate area, adjacent to other lots that are zoned Housing, and is in harmony with the adjacent sites and uses. Staff finds that the proposed zone district amendment conforms to this criterion. 487 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and The property is currently right-of-way and right-of-way is not assigned a zoning within the Town of Vail. The change that has necessitated the zone district boundary amendment is that the right-of-way is being subdivided and included into the adjacent Lot 1. As this portion of land will now be incorporated, it is appropriate to assign it a zoning designation, with the proposed zoning matching the larger lot to which it is being added. Staff finds that the proposed zone district amendment conforms to this criterion. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. Land Use Plan Amendment Any amendments to the Land Use Plan require a public process. Adjacent properties are notified, and the Planning and Environmental Commission holds a public hearing and makes a recommendation to the Town Council on the proposal. The Town Council adopts the changes by resolution. Any changes to the Land Use Plan must address the following three criteria: 1. How conditions have changed since the plan was adopted The Vail Land Use Plan was originally adopted in 1986 and updated in 2009. While the plan does address residential growth and encourages infill development, it did not contemplate additional residential areas being found adjacent to the interstate right-of-way. It specifically discourages new subdivisions in high geologic hazard areas and notes that developments on slopes may be appropriate and reviewed on a case-by-case basis. As the addition of potential residential adjacent to/from the interstate right-of-way was not considered in the plan, a case-by-case review would also be appropriate for this application. In this case, the portion of right-of-way added to the greater Lot 1 provides a linear continuation of the proposed high-density residential use that occupies the larger Lot 1. The use already exists on Lot 1, as well as on the site immediately adjacent to the west. In this case, it is appropriate to apply the High Density Residential land use to this area. Staff finds that the proposed land use amendment conforms to this criterion. 2. How the plan is in error 488 The original land use plan adopted in 1986 noted the areas around this portion of land as High Density Residential in use and did not contemplate adjacent right- of-ways as potential areas for residential use. As the need for housing has increased, the reassessment of previously undesignated sites has been needed to determine if there are areas that might be suitable for development. The subject areas of the lot proposed for the land use change were identified as developable parts of town not previously considered. The amendment and development of Timber Ridge is furthered by the inclusion of this piece of property and the amendment to High Density Residential is instrumental to that process. Staff finds that the proposed land use amendment conforms to this criterion. 3. How the addition, deletion, or change to the plan is in concert with the plan in general Staff has identified the following objectives and goals, which staff believes are relevant to this proposal from the Vail Land Use Plan. 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff finds that the proposed land use amendment conforms to this criterion. 489 VII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Vail Town Council for a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto.“ Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following condition: 1. This application and accompanying recommendation shall not be scheduled for the Town Council until related application PEC23-0010 has been approved by the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section Vl of the Staff memorandum to the Planning and Environmental Commission dated August 28th, 2023, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the 490 development objectives of the town; and 2. That the amendment does further the general and specific purposes of the zoning regulations; and 3. That the amendment does promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” Based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following condition: 1. This application and accompanying recommendation shall not be scheduled for the Town Council until related application PEC23-0010 has been approved by the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: 491 “Based upon the review of the criteria outlined in Section Vl of the Staff memorandum to the Planning and Environmental Commission dated August 28th, 2023, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendment does further the general and specific purposes of the zoning regulations; and 3. That the amendment does promote the health, safety, morals, and general welfare of the town and 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.” IX. ATTACHMENTS A. Applicant Narrative, 8-11-2023 B. CDOT Letter, 6-7-2023 C. Vicinity Map D. Land Use Plan Amendment Exhibit E. Zone District Boundary Amendment Exhibit 492 Present:John Rediker Reid Phillips Brad Hagedorn Robyn Smith Henry Pratt Bobby Lipnick Bill Jensen 1.Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda 3.1 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, from the Public Accommodation (PA) District to the Commercial Core 1 (CC1) District, and setting forth details in regard thereto. (PEC23-0018) Staff requests that this item be tabled to the September 11, 2023 meeting of the Planning and Environmental Commission. Planner: Jonathan Spence Applicant Name: First Bank, represented by East West Partners 3.2 A request for the review of a conditional use permit, pursuant to Section 12-7B-3, Conditional Uses, Vail Town Code, to allow Banks and Financial Institutions on the First Floor or Street Level in the Commercial Core 1 (CC1) District, located at 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, and setting forth details in regard thereto. (PEC23-0019) Staff requests that this item be tabled to the September 11, 2023 meeting of the Planning and Environmental Commission. Planning and Environmental Commission Minutes Monday, August 28, 2023 1:00 PM Vail Town Council Chambers Henry Pratt made a motion to Table to the September 11, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). 1 Planning and Environmental Commission Meeting Minutes of August 28, 2023 493 Planner: Jonathan Spence Applicant Name: First Bank, represented by East West Partners Planner: Jonathan Spence Applicant Name: Town of Vail, represented by Todd Oppenheimer 3.3 A request for a recommendation to the Vail Town Council, pursuant to Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Updated Ford Park Master Plan. (PEC23-0020) Planner Spence introduces the application. The application is not looking for a final recommendation today. It is represented by Sr. Landscape Architect Gregg Barrie and WRT Design (Andy Dawson). Gregg Barrie introduces the Master Plan update. Andy Dawson walks through the presentation – he gives an overview of the document and changes. He talks about stakeholder engagement and outcomes. He talks about goals and operational principles. He addresses capital improvements and implementation. Rediker asks about the location of the mission statement. He addresses the ADA access issue. Dawson says the final document will include a preliminary study on this, evaluating the existing walkways, including a plan for action. Martin & Martin will be doing this study, including evaluating for code compliance as none of the paths to/from the amphitheater were built to ADA standards. Rediker and Dawson discuss the contemplated revisions to the access. Dawson talks through some of the existing conditions in relation to ADA compliance. Currently, the existing ADA walkway winds itself through the gardens. Rediker and Barrie discuss a contemplated new ADA entrance to the amphitheater itself. There is also the idea of an electric shuttle going through the park to provide additional access. Smith asks about the priority of adding a pedestrian shuttle versus the plan’s goal of removing vehicles from the pedestrian way. Barrie says a north accessible exit could eliminate some of the existing conflict between golf carts and pedestrians. Dawson says the proposed shuttle would be consistently operating, whereas the VVF carts are functioning on concert evenings. The pinch point is east Betty Ford Way, getting back to the parking lot. Rediker says autonomous vehicles on those walkways after a show may cause conflicts. Barrie says the contemplated shuttle could be autonomous and could operate during Ford Park hours. It could eliminate a number of vehicles going up and down east Betty Ford way. Jensen says a conveyance system similar to an airport could be good, pending funding. He asks how accurate the 2013 plan was with the benefit of hindsight and what has been accomplished. Barrie says reorganizing the upper parking has improved things. The plan recommended a way to close east Betty Ford Wat to vehicular traffic, and that needs to be looked at again. It recommended pavers on Henry Pratt made a motion to Table to the September 11, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). Ford Park Master Plan PEC August 28th.pdf Attachment A. Application Narrative, Todd Oppenheimer, August 28, 2023.pdf Attachment B. Draft Ford Park Master Plan Update.pdf 2 Planning and Environmental Commission Meeting Minutes of August 28, 2023 494 Betty Ford way and that project has been completed. Dawson says there were several capital improvements which were accomplished from the 2003 plan. This plan is focused on operational management, finding efficient solutions where possible. Phillips talks about private vehicles accessing the drive post events. It seems like an enforcement and management issue. Why were we not able to manage this before, why hasn’t this been working? We need to find a better way to manage people driving where they shouldn’t be. Barrie talks about challenges with the gate, as there were some issues with how the technology worked. Another part of the challenge is working directly with the stakeholders. There is a lot of duplicated vehicular traffic, some of that could be addressed through cooperation and operational changes. Hagedorn asks about enforcement of private vehicles on that way; is it the Town’s responsibility or stakeholders’ responsibility? He adds that he thinks it should be shared with the leaseholders. Barrie says that may be a Town responsibility. Phillips states that while this is outside the realm of the PEC, operational roles need to be defined and recommends a superintendent that will work with all the stakeholders. The redundancy of facilities on top of redundancy of services can be cumbersome. What is the Town getting in return for capital improvements, are we just increasing these redundancies? Barrie says it’s envisioned the deputy town manager could head the oversight committee. Rediker asks for a brief overview of the stakeholders in the park as well as the future development of the park. Dawson says some are lease holders such as Vail Recreation District, Alpine Gardens, and Vail Valley Foundation. Others are Bravo, Walking Mountains, Eagle River Water & Sanitation, and Town departments. He runs through some of the stakeholder concerns. Rediker clarifies most of the VVF ideas were generally within the existing footprint of the amphitheater. Barrie touches on some of the proposed ideas needing further study regarding the amphitheater. Rediker asks if the Alpine Gardens have thoughts on expansion. He notes the ERWS proposed well as well as the idea of the Betty Ford Alpine Gardens increasing their role in park maintenance. What are their thoughts on expansion? Barrie says they’re looking for additional maintenance space, especially if they take on additional responsibilities. They’ve also discussed the need for additional office space, the plan suggests this could be housed in a renovated tennis center. Dawson says VRD has proposed renovating the soccer field maintenance building for additional services. At this point it is recognizing there is a need, but balancing the competing needs. VRD is also feeling scattered and are looking for a centralized facility for their management in Ford Park. Barrie says there is also the possibility of an information center at the renovated tennis center. Pratt asks why the VRD can’t relocate their offices to their facility on the golf course. Barrie says there may not be enough space for an administrative office. They have staff on site for the tennis center. At this point, it appears their preferred location is Ford Park. Phillips says it would be for convenience, but there are challenges there as well, including that it is most expensive to be at Ford Park. The concession gazebo is underutilized. That could be a viable location 3 Planning and Environmental Commission Meeting Minutes of August 28, 2023 495 that might be worth looking at. Dawson says hopefully this plan kicks off those kinds of conversations. Pratt says there were some promises made in 2013 that have fallen by the wayside. Betty Ford Way was supposed to be one way, the maintenance building west of softball fields was supposed to be dual purpose including deliveries. There are too many fingers in the pot and asks if some of the stakeholders be consolidated. He suggests a moratorium on all new footprints in the park except for some of the minor additions within the footprints. The concession building is a failure, why not turn that into the welcome center. He says the Alpine Gardens could manage the nature center, VRD could manage the grass, and the tunneled entry at the north of the amphitheater should be mandatory. That could be a primary entrance, getting pedestrians off Betty Ford Way. He is shocked the oversight committee doesn’t exist, that should be a top priority. This time around, changes to the Master Plan should be operational and need to fix some of the promises from ten years ago that haven’t happened. Lipnick agrees that more coordination is needed. ADA compliance is a top priority. He asks for more information about the leases. Greg Hall, Public Works Director, says the leases are long term, land area leases. He says there is an event committee which currently exists, this coordination could be simplified and overseen through the oversight committee. The park is currently lacking management and coordination, and there is duplication of facilities, efforts, and vehicles. Lipnick reiterates that management needs to be simplified and having the deputy Town Manager as the lead role is a great idea. Rediker asks about the proposed plans for the Nature Center. Barrie says the plan is illustrated but was put on hold 7 years ago. The master plan is meant to reinvigorate the process of the renovations. The master plan is not proposing new buildings or access, that is to be determined at a later date. Rediker is concerned about including some items such as conceptual plans, ADA parameters, etc. without strong qualifying language. He doesn’t know if language needs to be softened or removed regarding conceptual plans. He agrees an access point on the north of the theater, the most volume is the entryway from the parking to the theater. Smith says the plan should speak to some concerns about increased development. She asks some clarifying questions about the role of the oversight committee. Barrie says all the areas are so interconnected, it will facilitate coordination. Smith ask why it is necessary to cite stream tract setbacks in the master plan here. Is that a change from how we it currently operates? Barrie says it is in line with the current regulations. Smith refers to the topics of funding, leases, etc. and states that she can’t add to that topic, as she is not knowledgeable regarding those topics. Hall talks about how modification to leases could occur or need to occur in conjunction with some of the proposed changes. Phillips asks if the stakeholder concerns were prioritized top to bottom – needs versus wants. What is essential and what would make life easier? This seems more like a Christmas list than essential upgrades. What are the priorities for this plan? 4 Planning and Environmental Commission Meeting Minutes of August 28, 2023 496 Hall says funding priorities will be set by the Town Council. Master Plans have implementation strategies, but funding mechanisms come later. Dawson says the goal of the implementation chapter is nailing down some of the implementation items. Phillips says we want to take care as much as possible, but some of these items are in conflict or redundant. It is important to prioritize these from a planning perspective. We want to provide a facility that is usable in the long term. We’re revisiting a master plan after 10 years because there are deficiencies. Smith brings up net-zero construction, the park would be a good place to begin that. Rediker asks for public comment. There is none. Rediker asks for commissioner comment. Hagedorn appreciates the viewpoints and history on the management of the park. The oversight committee is key, and who is responsible for enforcement. He would like to see office space de- emphasized, and only expanded when necessary. Some stakeholders have the ability to expand elsewhere, is this necessary here? ADA accessibility is absolutely critical, the Town needs to hold itself to the standard and provide it to the citizens. Jensen says the master plan hasn’t taken a position on office space; it is fraught with risk. The operational needs must be a priority, but the master plan has a bit of a deficiency by not taking a position on expanded office space. If one expansion is approved, how do you say no to the others? If there is one thing that is accomplished, it should be bringing ADA accessibility up to the standard. Phillips reiterates his earlier points. Pratt emphasizes the expanded office space doesn’t belong in the park, any renovations should be operational and not back of the house. Promises were made back when the concession stand building was built for it not to exceed the designed height, so increasing height is not an option here. Lipnick emphasizes ADA compliance and stresses that the existing pedestrian walkways are not safe. Improving management and coordination is also key. He likes the idea of the deputy town manager being the head of the oversight committee. Smith reiterates net zero should be an opportunity and that office space expansion is not a good idea in the park if it can be avoided. ADA compliance is important. The oversight committee is good if it doesn’t duplicate responsibilities of existing boards. Rediker addresses and generally agrees with capital improvements mentioned in the Master Plan. ADA compliance is important, can the planned ADA study be prioritized. Are we creating more problems with a continuous shuttle bus system? He would like to hear more from the stakeholders as to why the park would be an appropriate place for expanded offices. He wants continued focus on the mission statement. The overall plan is good and headed in the right direction. Let’s be as precise as possible. Spence says it would be helpful for the applicants and Town Staff to understand next steps in the review process per the board’s comments. Rediker says two of the major comments were concerns over expanded office space in the park and working towards ADA compliance. There is a considerable amount of language in the plan in regard to the potential expansion of the tennis center, it would be good to hear from stakeholders before changes are proposed to the language. Lipnick adds that further information on the proposed north entryway to the amphitheater would be 5 Planning and Environmental Commission Meeting Minutes of August 28, 2023 497 helpful. Rediker doesn’t want people to be confused that strong recommendations were made when in fact we’re just looking at schematics. We want to make sure that the plan is clear as to what is being encouraged versus what is just being considered. Jensen adds that the commitment to the environment should be included in the language. Pratt disagrees with the stakeholders coming in as this is the job of the consultants. They are leaseholders with a defined space. The Master Plan is on the right track, overly specific in some places, and needs polishing in others. He says focusing on management and not capital improvements is the right approach now. Barrie says the feedback can be incorporated. Rediker adds stakeholders are welcome to attend public meetings. Smith adds that a curtailed version of the plan tailored to PEC concerns would be helpful to stay on task. Hall addresses some of the concerns they have heard about office space. They will have to go back to stakeholders and have those tough conversations. Rediker addresses the signage throughout the park and suggests that they should only show what is necessary, keeping it simple. Phillips and Hall discuss the leasing of the amphitheater. Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster 3.4 A request for a recommendation to the Vail Town Council for a review of a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23- 0015) Items 3.4 & 3.5 heard concurrently. Planning Manager Roy gives a presentation on items 3.4 & 3.5 (PEC23-0015 & PEC23-0011). Staff finds that the criteria is met for the land use amendment. Staff finds that the criteria is met for the zone district boundary amendment. Henry Pratt made a motion to Table to the September 11th, 2023 meeting of the Planning and Environmental Commission.; Brad Hagedorn seconded the motion Passed (7 - 0). Staff Memo PEC23-0015, 0011.pdf A. Applicant Narrative, 8-11-2023 B. CDOT Letter, 6-7-2023 C. Vicinity Map D. Land Use Plan Amendment Exhibit E. Zone District Boundary Amendment Exhibit 6 Planning and Environmental Commission Meeting Minutes of August 28, 2023 498 Pratt asks about the CDOT letter acknowledging the sale. Has the sale been finalized? Roy says it’s in progress, the letter allows the entitlement and review process to continue. Pratt says if the sale falls through, would the zoning change be void? George Ruther, Housing Director, says if the sale didn’t go through the minor subdivision wouldn’t happen and therefore neither would the land use or zoning amendment. These items are contingent upon the sale going through. Rediker asks for public comment. Matt Morgan expresses his support for the project. It’s important for the town, affordability is a relative term, and anything that can be done to keep this moving forward and not raise the price of the units further is a big deal. Housing and staffing are the biggest challenge right now. Hagedorn appreciates the items being broken up this way, likes the approach of addressing the non- contentious items first. Rediker says the staff memorandum was well put together. He agrees that the zone district boundary amendment conforms to the criteria. He also looked at the analysis for the land use amendment and agrees that the criteria are met. Smith says it was successful in the way it was put together by staff, agrees with staff conclusions that the criteria are met. Argues that this is a positive effect on the environment, rather than a neutral one. Land use in 1985 anticipated a shortfall of housing. 41 years of growth have resulted in a net reduction, that is how in the plan we have fewer long-term renters than they did at that time. This is a step to remedy that. 3.5 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0011) See PEC23-0015 for combined staff report and attachments. Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster This item heard concurrently with 3.4 3.6 A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to add a portion of the adjacent CDOT right-of-way to Lot 1, Timber Ridge Subdivision located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0010) Bobby Lipnick made a motion to Recommend for approval with the condition and findings on pages 16- 17 of the staff memorandum; Reid Phillips seconded the motion Passed (7 - 0). Reid Phillips made a motion to Recommend for approval with the condition and findings on pages 17-18 of the staff memorandum; Bobby Lipnick seconded the motion Passed (7 - 0). 7 Planning and Environmental Commission Meeting Minutes of August 28, 2023 499 Staff requests that this item be tabled to the September 25, 2023 meeting of the Planning and Environmental Commission. Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster (Jensen absent from vote) Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster 3.7 A request for the review of a Development Plan, pursuant to Section 12-6I-11, Development Plan Required, Vail Town Code, for a new housing development to be located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0014) Items 3.7 and 3.8 heard concurrently. Planning Manager Roy gives a presentation on items 3.7 and 3.8. He walks through the development plan, including the existing conditions. He walks through the changes since the previous meeting. The stories have been reduced on the southwest building along the frontage. He walks through the development standards. He addresses the variations in setback. He talks about the requested variance. Rediker clarifies that the new retaining walls would be in front of the existing retaining wall. Phillips asks if there is additional detail on the proposed transportation center. Pratt asks about the options for the transportation center. Tom Kassmel, Town Engineer, speaks to the transit area. They are working with the applicant on the proposal. He speaks to the evolution of this area, the goal is pushing this further into the site, with the waiting area potentially underneath the building or overhang. This is a work in progress and needs further considerations, those comments have been provided to the applicant. Transit should take a priority and providing the best service possible to this site as this should is a significant transit-oriented development. They will be encouraging ECO transit to provide service here as well. There might also be at times an employee express bus. Hagedorn asks how many spots are lost with the overhang option, how does that affect parking ratio? Henry Pratt made a motion to Table table to the September 25th, 2023 meeting of the Planning and Environmental Commission; Bobby Lipnick seconded the motion Passed (6 - 0). Staff Memo PEC23-0014, 0012.pdf A. Vicinity Map B. Applicant’s Narrative 8-11-23 C. Narrative Exhibits D. Plan Set, 8-11-23 - Arch Plans D. Plan Set, 8-11-23 - Civil Plans D. Plan Set, 8-11-23 - Landscape Plans E. Rockfall Mitigation Project, 5-15-2020 F. Kumar and Associates, 5-19-2019 8 Planning and Environmental Commission Meeting Minutes of August 28, 2023 500 Kassmel says you may be losing 6-8 spots with the conceptual overhang option. Pratt asks if Red Sandstone is filled up before parking is allowed on the frontage road. Kassmel says not currently but that is something that is being looked at. Pratt asks if there is thought for Red Sandstone employee parking and freeing up soccer fields parking for other uses. Kassmel says it has not come up yet. Jensen runs through the numbers of 288 units, 562 bedrooms and thanks the team for lowering the southwest building from four to three stories, as this will make a big difference. The post office parking has become overflow for Timber Ridge at times. He worries about the parking ratio of 1.01 per unit, this will be a huge challenge for the HOA. He’s ok with it, but also thinks it will be an ongoing management problem for the complex. Phillips clarifies the current ECO transit pickup locations. Smith asks if the new routes and regional lines need to be tied into this development. Smith also asks if this site becomes a mobility site for more than just this development. Kassmel says those are not expected to serve anyone other than servicing people that live in Timber Ridge and Lionsridge. Phillips asks about fire management. Ryan Ocepek is the Fire Marshall. He talks about the fire considerations; overall it meets the fire code. Pratt asks about the back buildings being down in a 2-3 story high hole. Ocepek says since the building goes lower, there’s fire sprinklers inside and access points. The buildings are all fully sprinkled. There will be additional fire protection if there is an overhang for the transit. Right now, from what national publications are shown, if electric vehicle spaces are inside a garage, they’re on the outside of it or nearest the exit. The storage spaces for mobility devices do not face inside the building, they face to the exterior. Pratt asks what is used to fight fires of lithium-ion batteries. Ocepek says very large amounts of water. Typically, the fire trucks carry 500 gallons of water, where an EV fire needs 20,000-30,000 gallons. He talks about the additional considerations for fighting electrical fires. Pratt asks if the system is adequately sized for that and if there is enough water in the system. Ocepek says he believes so, but it will be a long duration to fight an EV fire. Hagedorn asks about the emergency access drives. Ocepek says those have been reviewed. The snow management plan will be important to maintain the access points. Mike Foster is with Triumph Development. He addresses the comments from the commissioners at the last meeting. Rediker asks about the unit breakdown regarding ownership. Is it possible that a unit would be transferred from a business to private individual. Foster says that is not envisioned right now. The Town will own one of the buildings as well for deed 9 Planning and Environmental Commission Meeting Minutes of August 28, 2023 501 restrictions. Rediker asks if for rent buildings are grouped in the same building. Are the for-sale units in separate buildings? Foster says they have not all been assigned yet. Some businesses want their units spread out so the renters can get to know others in the community. Building E will be more specialized for individuals, more of a family feel versus rental feel. They have not all been specifically identified at this point. Foster talks about the newly proposed amenity spaces. They will be dual purpose and utilized snow storage in the winter and picnic/usable outdoor space in the summer. He runs through the unit and parking count. The next plan may have a handful more parking spaces. Lipnick asks if they have talked to businesses or potential residents about one parking space per unit. Foster says that has been communicated as clearly as possible at this stage in conversations with those parties. He talks about the process as well as the deposit system with businesses. Lipnick asks about the cost of building. Foster says some of that is dependent on what is ultimately approved. They have pro-formas based on the cost estimates for the project. He talks about the construction prices; it is a work in process. He talks about the retaining wall proposal. He addresses the proposed rooftop decks. Pratt asks about snow removal on the rooftop decks. Foster says it will overflow to rooftop scuppers; they are working on addressing this. The decks will be four seasons. They will need to work on the structural system and will know more from the engineer soon. He addresses the access drive. They are working with the Lionsridge Drive ownership group on the proposal regarding the shared access on the property line. He talks about the mobility plan components. He talks about the carshare program, a possible public-private partnership. This could tie in to the existing and proposed multi-family projects along the North Frontage Road. Hagedorn asks if they have budgeted for carshare infrastructure or funding. Foster says that is still being worked out. Foster talks about the revised snow storage plan and considerations. He talks about the contemplated management plan for the master HOAs. Foster addresses the latest plans for the transit stop and the potential options. How can this be done without passing the cost on to the purchasers. Michael Heitsman is with Pure Design. He walks through the elevations and roofing and massing. Rediker asks where the entrances are located. Heitsman says it varies per building. He shows some 3D model views from the frontage road and various vantage points. Pratt asks if the garages are open or closed and would need ventilation. Foster states that they are planning on mechanical ventilation at this point. Phillips says it would be nice to have additional information on the transportation options. He notices they have picked up 1,200 square feet of amenity space, did that cost a unit in the process? What is the cost impact of this covered transportation option? We need a better understanding of the impact from a transportation and financial perspective. 10 Planning and Environmental Commission Meeting Minutes of August 28, 2023 502 Foster says the PEC could provide some feedback on the transit stop today. There is about a $3 million cost for the overhang option. Phillips asks why this is being saddled on this project. Are there ways to mitigate or spread out the cost of this possible transportation hub? Phillips would rather not see it under the building simply because it’s adding a large cost that the structure is not solely responsible for. Foster says the regional bus is a great benefit for the residents, but it also needs to be safe. Smith asks about the scalability of this bus stop. How do we determine the usability from the other structures in the neighborhood. Is there an opportunity for a bigger mobility hub that isn’t right here? Foster says the Lions Ridge apartments will be using this stop along with Timber Ridge residents. There is a 1:1 parking ratio, so there needs to be a robust bus stop with good frequencies that people will want to use. Phillips wants to accommodate all users to the extent possible. Foster wants to find funding options that doesn’t pass the cost on to the end user. The two-tiered parking and bus overhang would be the preferred option if funding can be figured out. Also making sure it is aesthetically pleasing. Kassmel says there may be other options where you wouldn’t need a second level podium parking. A lot of that added cost would be for the second level parking. There may be other design options that haven’t been fully vetted yet. Is that second level parking necessary or cost effective in that case? The timing is a consideration for things like transit grants. When LionsRidge was redeveloped, there was talk of enhancing the transit stop but that got kicked down the road. That is the background for this. Lipnick asks if Eagle Valley Transit Authority would play a role. Kassmel is unsure. The expectation is that most riders would be from Timber Ridge and Lionsridge. Rediker says the paramount concern is the left turn going east for the buses. Smith says a lot of factors were considered regarding the transportation. She doesn’t want this project to be delayed for a transportation solution that may be greater than this project alone. Kassmel says they know the solution for the buses, it just has impacts as far as the building, parking, and costs. There will be more discussions on the best option, but it is critical to have more room where the exiting bus makes its turn further up the driveway. Pratt asks for shading on the 3D views. Smith asks about some of the changes to Building F regarding building height and unit ceiling height. Foster states that the unit ceiling height is still 9’-0”. Rediker asks about the delivery spaces. Is there a concern that a larger vehicle would be needed? Foster says if that was the case it would need to temporarily be in the drive aisle, incorporated into the parking management plan. There are two 10’x20’ spaces total. Rediker asks about guest parking spaces. Foster says there will be some additional spaces for guest parking in the 12-14 range. Rediker asks about the landscaping plan. Does the current plan take the Fire Free Five landscaping into account? Foster says that is incorporated. 11 Planning and Environmental Commission Meeting Minutes of August 28, 2023 503 Smith asks about a pedestrian walkway. Foster addresses the pedestrian walkway regarding the Fire Department requests. Smith recommends pedestrian access to the post office. Lipnick asks if there is any xeriscape. Foster says their landscape architect will be at the next meeting and has worked with the Town on recommendations. Roy says drought tolerant species will be utilized. Smith asks if they would consider keeping one of the staircases to Lionsridge Loop. Foster says it is in the budget, and he’s hoping that parking will be developed, and it can tie into that. Smith says they should consider it regardless of if the parking materializes. Rediker asks about the drainage plan. He wants to confirm there won’t be any drains directly into Gore creek. Kassmel says the storm drains will be going into Gore Creek, there will be vaults to capture as much material as possible. One of the things to be evaluated is if the existing pipe has the ability to handle the existing flow. Pratt asks if there is an opportunity for permeable paving. Kassmel says a small amount functions well at Stephens Park. There is always a plowing concern with those pavers. One of the challenges with that is that it must be well maintained as the porousness gets clogged up over time. Rediker comments that there is potentially a lot of surface runoff. We’re concerned about Gore Creek water quality, he wants to understand the process through the water quality vaults, it must be as clean as possible. Rediker says a rockfall memo has been received today from the Housing Department. Is there anything else they should understand about this? Is there any further work or monitoring to be done? Ruther says there was a memorandum in the packet summarizing the previous work that has been completed. A couple years ago, mitigation work was completed for the western part of the property. At this point, no additional mitigation is necessary. There is recommended monitoring that needs to happen. Hagedorn asks about the access entrance. Is there a problem with the mortgagees being able to grant that access easement? Foster says the owners believe it is approvable but needs to confirm with the lenders. Roy says the LionsRidge development plan would also need to be amended to reflect these changes. Rediker asks for public comment. There is none. He asks for commissioner comments. Smith appreciates the information that has been provided. A denial should require the specific criteria of failure, she can’t see a portion that’s not being met. There is not a lot of precedent for carshare in Vail, if the carshare option isn’t working out, let there be some ability to adjust that. The snow storage meets the requirements, doesn’t want to encourage impervious heated surfaces. Lipnick loves the project because it produces the number one priority for the community. He is ok with the retaining walls, carshare is a public-private partnership to share the burden. Will be interested in the resolution of the bus stop, fine with the landscaping, parking is fine. The properties where we can build workforce housing are limited today, using North Frontage Road is the right answer for locals housing. The fact that we didn’t see a lot of NIMBYs here is striking. This is the right project in the right location. Pratt says it was a fantastic presentation with answers to every question. He encourages Triumph to 12 Planning and Environmental Commission Meeting Minutes of August 28, 2023 504 work with the Town, doesn’t want to see a second level of parking. Thank you for taking a floor off the CDOT building, wishes it had been done on the other frontage buildings. Continues to have concerns about parking, it’s naïve to think there won’t be a significant number of guests on any given evening. He has a real concern about Building C and the CDOT building. It looks like 30 feet separation, 98 units facing each other four stories tall. That will be a quality of life issue. Tt’s too much mass I know you’ve been directed to do that, the west end is too dense. It’s far above anything that has been done in Vail, there is additional housing projects in line as well as West Vail commercial center. Phillips thanks the team and town staff for revisions that look good. We're in crisis mode for affordable housing. We have to look at density as a solution because we don’t have a lot of options after this. Continue to provide good information so it is transparent to the public. He understands the need for the bus hub, are there opportunities to the east to help mitigate some of this demand. He asks how many people are going from Timber Ridge to Residences at Main Vail (RMV). Ruther says a good percentage of folks from Timber Ridge are moving to RMV. There is an increase in rent, the Town is providing a subsidy. Accommodations were made, 425 people signed up for the 72 units at RMV. All of this is a strategic effort to get at these housing issues and it’s going to take steps to get there. Jensen thanks the applicants, there have been a lot of good refinements since the last meeting. There are still a few things to refine including the bus stop and access. He also agrees with a set of stairs from Lionsridge Loop. He appreciates talking with different contractors to maximize the bids. He makes some suggestions regarding ownership and management. We haven’t built enough housing, understands the council priority but the costs are high. $3 million for the extra parking deck would be a lot without other funding sources. This is critical to the community, thank you. Hagedorn appreciates the submission and changes. This is a dense project, but it’s intentional because we want density there and it’s one of the few places we can put it. Thank you for the construction and staging plan. The roof is a huge improvement. He’s comfortable with the snow storage, you’ll figure out the management that is needed. Doesn’t have a strong opinion either way on the bus stop options, whatever the town is comfortable with in terms of safety. The carshare concern is that if there is a program in place it doesn’t fail 2-3 years down the line if we are contemplating reduced parking because of that program. Can some of that cost be split? He likes the direction and excited to see the next turn at it. Rediker says there have been a lot of good changes, we were provided more detail today. He doesn’t have a problem with the retaining walls. The setback adjustments he is ok with. He looks forward to better understanding of the drainage plan, his concern is about what is going into the creek – need the best separator possible. Interested to see the solution with the bus turns happening safely. Looking forward to more 3D modeling from street level. This is a dense project and council wants it that way. If there is a way to scale down the appearance of Building B, that would be good. The relief and interest help soften the appearance, no matter what the appearance is huge it will be bigger than anything before and that is what council is directing. Has a problem with the parking, we’re not there yet with people taking alternative transportation. It is difficult on a family to have just one car for a unit. We’re getting there on scale, massing, character. It will be a dense site, but it is an appropriate site to do it. 3.8 A request for the review of a variance from Section 14-6-7 Retaining Walls, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for retaining walls in excess of six feet in height located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regards thereto. Reid Phillips made a motion to Table to the September 25th, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). 13 Planning and Environmental Commission Meeting Minutes of August 28, 2023 505 See PEC23-0014 for combined staff report and attachments. (PEC23-0012) Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Item heard concurrently with 3.7 4.Approval of Minutes 4.1 PEC Results 8-14-23 5.Information Update 5.1 Development Review Process Amendments Presenter(s): Dominic Mauriello and Allison Ochs Kent with Mauriello Planning Group, George Ruther, Housing Director Dominic Mauriello with Mauriello Planning Group says the applicants will be coming to next meeting, fulfilling the mandate to lower the barriers to workforce housing. They are looking at policy options, including changes to the Housing zone district. There is a recommendation from the housing authority, Council is saying do these things. Hagedorn clarifies if the changes would make the code would be more prescriptive with less ambiguity. Mauriello confirms. Hagedorn says anything that removes ambiguity and barriers is helpful. Jensen is interested in how this applies to the West Vail Master Plan. Mauriello says right now this is specific to the Housing zone district. You will be reviewing rezonings in mind of what these Housing standards are. Smith asks for a better understanding of factual and representative public feedback. Rediker says it’s important people pay attention to what is going on. Public participation is beneficial to the process. 6.Adjournment Reid Phillips made a motion to Table to the September 25th, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). PEC Results 8-14-23.pdf Bobby Lipnick made a motion to Approve ; Reid Phillips seconded the motion Passed (7 - 0). Reid Phillips made a motion to Adjourn ; Robyn Smith seconded the motion Passed (7 - 0). 14 Planning and Environmental Commission Meeting Minutes of August 28, 2023 506 AGENDA ITEM NO. 5.3 Item Cover Page DATE:November 7, 2023 TIME:15 min. SUBMITTED BY:Stephanie Bibbens, Community Development ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 22, Series of 2023, First Reading, an Ordinance to Designate the Zoning of the Proposed Addition to Lot 1, Timber Ridge Subdivision from Undesignated to Housing (H) District SUGGESTED ACTION:The Planning and Environmental Commission voted to recommend approval of Ordinance No. 22, Series of 2023 upon first reading. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ord #22 of 2023 Staff Memo 11-7-23 First Reading.pdf Attachment A. Ordinance No. 22, Series of 2023.pdf Attachment B. Staff Memo PEC23-0015, 0011 Rezone, LU Amend 8-28.pdf Attachment C. PEC Results 8-28-23.pdf 507 TO: Town Council FROM: Community Development Department DATE: November 7, 2023 SUBJECT: First reading of Ordinance No. 22, Series of 2023, an ordinance to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District. (PEC23-0011). Applicant: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Planner: Greg Roy, Planning Manager I. SUMMARY The applicants, Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster, are requesting a zone district boundary amendment , to designate Housing District zoning to a previous portion of CDOT right-of-way that has no zoning designation. The PEC voted 7-0 to recommend approval of PEC23-0011. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 22, Series of 2023 on first reading. III. DESCRIPTION OF REQUEST This application proposes to zone the former CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not currently have a zoning designation as zoning is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a consistent zoning designation is needed. A. Ordinance No. 22, Series of 2023 508 Town of Vail Page 2 B. PEC23-0011 Staff Report C. PEC Results 8-28-23 IV. BACKGROUND The subject property is a portion of the CDOT right-of-way that is proposed to be included as part of the Timber Ridge Subdivision with the Minor Subdivision application (PEC21 - 0010). As the Town is currently not the owner of this property, CDOT has given permission for the Town to enter the entitlements process. Right-of-way does not carry a land use designation and is not assigned a zone district. Since this property is proposed to be incorporated into the greater Lot 1 of Timber Ridge Subdivision, the property needs to be assigned a land use and a zoning designation. For consistency, the proposed High Density Residential land use and Housing zone district will result in uniform land use and zoning designations. In 2013 the property was subdivided into two lots and the eastern portion of the property was redeveloped. In this process, 102 apartments were demolished and replaced with 113 new units. The western portion of the property that is the subject of this application has remained largely the same since it was constructed with only minor changes to the building and site. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2023, on first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 22, Series of 2023, an ordinance to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District.” Should the Vail Town Council choose to approve Ordinance No. 22 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 509 Town of Vail Page 3 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.” Vl. ATTACHMENTS A. Ordinance No. 22, Series of 2023 B. PEC23-0011 Staff Report C. PEC Results 8-28-23 510 10/26/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX ORDINANCE NO. 22 SERIES OF 2023 AN ORDINANCE REZONING A PORTION OF LOT 1, TIMBER RIDGE SUBDIVISION, FROM UNDESIGNATED TO HOUSING (H) WHEREAS, the Town is in the process of acquiring the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land Use Plan, via Resolution 27, Series of 1986; WHEREAS, on June 21, 2023, the Town filed an application to rezone the Property from undesignated to Housing (H) and to update the Vail Land Use Plan accordingly (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on August 28, 2023, the Planning and Environmental Commission (the "PEC") held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on November 7, 2023, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the Application and recommendation of the Planning Commission, hearing the statements of Town staff and the public, and giving due consideration to the matter, finds and determines as follows : a. The rezoning is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the priorities of the Vail Town Council Action Plan and is compatible with the development objectives of the Town; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning promotes the health, safety, morals, and general welfare of the Town and 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 . 511 2 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX Section 2. Based on the foregoing findings, the Town Council hereby rezones the Property from undesignated to Housing (H). Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance shall take effect on January 1, 2024. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 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 512 3 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _____ day of ____, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 513 4 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX EXHIBIT A Legal Description of Property Beginning at a point on the Right-of-Way ("ROW") of said I-70 from which the center of said Section 12 bears S10°07'54"W 1217.48 feet; thence S52°50'29"W 408.80 feet; thence N37°09'31"W 109.99 feet to a point on the ROW of said I -70; thence along said ROW the following two courses: (1) N52°50'29" E 108.80 feet; (2) N72°58'35" E 319.53 feet to the point of beginning. 514 To: Planning and Environmental Commission From: Community Development Department Date: August 28, 2023 Subject: A request for a recommendation to the Vail Town Council for a review of a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0015) Applicant: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Planner: Greg Roy And A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0011) Applicant: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Planner: Greg Roy I. SUMMARY The applicants, Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster, are requesting the review for two (2) applications. These two applications, a land use plan amendment and a zone district boundary amendment, are intended to provide a land use designation of High Density Residential and the Housing District zoning to a previous portion of CDOT right-of-way. As right-of-way, this parcel had no previous land use or zoning designation. 515 Based upon Staff’s review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for an amendment to the Vail Land Use Plan to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential and for a zone district boundary amendment to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. II. DESCRIPTION OF THE REQUESTS Land Use Plan Amendment: This application proposes to designate the former CDOT right-of-way being incorporated into the Timber Ridge Subdivision Lot 1 as High Density Residential land use. The area in question does not currently have a land use designation as a land use category is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a land use designation is needed. 516 Zone District Boundary Amendment: This application proposes to zone the former CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not currently have a zoning designation as zoning is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21- 0010), a consistent zoning designation is needed. 517 Please find attached for review: A. Applicant Narrative, 8-11-2023 B. CDOT Letter, 6-7-2023 C. Vicinity Map D. Land Use Plan Amendment Exhibit E. Zone District Boundary Amendment Exhibit III. BACKGROUND The subject property is a portion of the CDOT right-of-way that is proposed to be included as part of the Timber Ridge Subdivision with the Minor Subdivision application (PEC21-0010). As the Town is currently not the owner of this property, CDOT has given permission for the Town to enter into the entitlements process. Right-of-way does not carry a land use designation and is not assigned a zone district. Since this property is being proposed to be incorporated into the greater Lot 1 of Timber Ridge Subdivision, the property needs to be assigned a land use and a zoning designation. For consistency, the proposed High Density Residential land use and Housing zone district will result in uniform land use and zoning designations. 518 The subject property was annexed into the Town of Vail in 1975 with Ordinance No. 26, Series of 1975. The Town of Vail acquired Timber Ridge Village Apartments in 2003 for $20 million to preserve the deed restricted employee housing designation on the property. Constructed in 1981, Timber Ridge is Vail’s largest deed restricted employee housing complex, currently consisting of 209 rental apartments. In 2013 the property was subdivided into two lots and the eastern portion of the property was redeveloped. In this process 102 apartments were demolished and replaced with 113 new units. The western portion of the property that is the subject of this application has remained largely the same since it was constructed with only minor changes to the building and site. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter ll – Land Use Plan Goals/Policies 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.10. Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the marketplace demands for a full range of housing types. 519 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Chapter Vlll – Implementation 2. Key Goals B. Residential Uses 1. Additional residential growth should continue to occur primarily in existing, platted areas. 2. New subdivisions should not be permitted in proven high geologic hazard areas. 3. Development proposals on the hillsides may be appropriate, in a limited number of cases, for low density residential uses. These proposals would need to be evaluated on a case-by-case basis, with development being carefully controlled as to sensitivity to the environment and visibility from the Valley floor. E. General Growth and Development 5. Development may also be appropriate on Town-owned lands by the Town of Vail (other than park and open space) where: a. No high geologic hazards exist; and b. Such development is for public use. Chapter Vlll – Implementation 3. Amendment Process The amendment process is one which is intended to assure the Plan’s effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the private sector A. Community Development Department Amendments The Community Development Department should update and revise the Plan every three to five years, whenever possible. However, if the plan is not updated within such time frame, this shall not jeopardize the validity of the plan. This should include analysis of the goals and policies; update of the forecasting model and review and revision of the Land Use Plan map. The Community Development Department would then make recommendation for proposed changes to the Planning and Environmental Commission where these changes would then be considered in a public hearing format. The Planning and Environmental Commission would then make recommendations to the Town Council, which would also hold a public hearing on the proposed changes. If adopted, the changes would then become a part of the Plan. B. Planning and Environment Commission or Town Council Amendments 520 These entities could also initiate plan amendments periodically, as deemed appropriate. These amendments would also require public hearings with both the Commission and the Council, and upon adoption then become a part of the Plan. C. Private Sector Amendments The private sector may also initiate amendment requests. These should be initiated in the following way: 1. Make application with the Community Development Department. Applications may be made by either a registered voter, a property owner or a property owner’s authorized representative. Such application may be made at any time. 2. Such applications will then be considered at a meeting with the PEC. At the Planning and Environmental Commission hearing, a recommendation shall be made to the Town Council, whereupon a decision shall then be rendered. To change the Plan by this procedure, it will be the responsibility of the applicant to clearly demonstrate how conditions have change since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. Such decisions may include approval, approval with conditions or denial. Amendments may be requested for change to the goals and policies and/or Land Use Plan map. If such request is approved, such change shall be made to the Plan document and/or map. If such request is denied, no such request that is substantially the same as that previously denied shall be considered for a period of one year. 4. Proposed Land Use Categories HDR High Density Residential The housing in this category would typically consist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, and private parking facilities and institution/ public uses such as churches, fire stations and parks and open space facilities. Vail Town Code TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE 12-3-7: AMENDMENT: A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the 521 planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 522 (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 12-6I: Housing (H) District 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 opportunities. Community - Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods 523 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. 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 524 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. V. SURROUNDING LAND USES Land Uses Zoning North: Timber Ridge Housing (H) South: CDOT Frontage Road No zoning East: Timber Ridge Housing (H) West: Post Office Medium Density Multiple-Family (MDMF) VI. REVIEW CRITERIA Zone district boundary amendment. (a) Factors, enumerated. Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; The proposed zone district amendment is supported by the Vail Comprehensive Plan. One component of the comprehensive plan is the Land Use Plan. Some key goals of the plan are to continue additional growth within existing platted areas and areas without high geologic hazards. The General Growth and Development section of the land use plan notes that the development of Town- 525 owned land may be appropriate if it is not within in high hazard zones and the development is for a public purpose. The proposed rezoned area is not within a high hazard zone and will be Town-owned and rezoned to Housing zone district to ensure it is for the public purpose of deed-restricted housing. Staff finds that the proposed zone district amendment conforms to this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town’s adopted planning documents; The piece of land proposed to be rezoned is a portion of right-of-way that is being incorporated into the adjacent larger Lot 1. That lot currently is zoned Housing, and to be consistent with that zoning, this portion of land is also proposed to be zoned Housing. This is suitable to the potential uses on the site and potential surrounding uses. There is no change for neighboring properties’ zoning, only an enlargement of the area that is zoned such. Staff finds that the proposed zone district amendment conforms to this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; The proposed zone district amendment is consistent with the adjacent zoning on the property. The adjacent area to the east is also within the Housing zone district and presents a harmonious continuation of use along the North Frontage Road. It is consistent with development objectives including the Vail 20/20 plan to increase housing for employees within the Town of Vail. Specifically noted as part of that plan is to “Redevelop Timber Ridge to increase affordable/workforce housing and maximize redevelopment potential with high density zoning”. The proposed zone district allows for increased area to maximize the redevelopment of this site. Staff finds that the proposed zone district amendment conforms to this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; The proposed zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the Housing district are set by the PEC and will allow the commission to review how the site is developed in terms of site planning, height, density, and setbacks. The area along this portion of North Frontage Road has already been developed 526 with housing and continuing that use in this area will provide an orderly development that is in the best interest of the larger community. Staff finds that the proposed zone district amendment conforms to this criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; There are no adverse or beneficial to the natural environment that are anticipate to result from the rezoning of this parcel as the land proposed to be rezoned is currently a portion of CDOT right-of-way and provides little environmental value. It is located between the current Timber Ridge development and North Frontage Road. While currently undeveloped, the placement of this land prohibits use from any fauna. The proposed zoning change to this existing development would not negatively affect riparian corridors, air quality, water quality, or other environmental aspects. Staff finds that the proposed zone district amendment conforms to this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; The proposed zone district amendment is consistent with the purpose statements for the Housing district. The Housing zone district purpose statement reads, in part, “The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in § 12-1-2 of this title and to provide for the public welfare…the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open space and other amenities”. This amendment will incorporate the district in an appropriate area, adjacent to other lots that are zoned Housing, and is in harmony with the adjacent sites and uses. Staff finds that the proposed zone district amendment conforms to this criterion. 527 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and The property is currently right-of-way and right-of-way is not assigned a zoning within the Town of Vail. The change that has necessitated the zone district boundary amendment is that the right-of-way is being subdivided and included into the adjacent Lot 1. As this portion of land will now be incorporated, it is appropriate to assign it a zoning designation, with the proposed zoning matching the larger lot to which it is being added. Staff finds that the proposed zone district amendment conforms to this criterion. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. Land Use Plan Amendment Any amendments to the Land Use Plan require a public process. Adjacent properties are notified, and the Planning and Environmental Commission holds a public hearing and makes a recommendation to the Town Council on the proposal. The Town Council adopts the changes by resolution. Any changes to the Land Use Plan must address the following three criteria: 1. How conditions have changed since the plan was adopted The Vail Land Use Plan was originally adopted in 1986 and updated in 2009. While the plan does address residential growth and encourages infill development, it did not contemplate additional residential areas being found adjacent to the interstate right-of-way. It specifically discourages new subdivisions in high geologic hazard areas and notes that developments on slopes may be appropriate and reviewed on a case-by-case basis. As the addition of potential residential adjacent to/from the interstate right-of-way was not considered in the plan, a case-by-case review would also be appropriate for this application. In this case, the portion of right-of-way added to the greater Lot 1 provides a linear continuation of the proposed high-density residential use that occupies the larger Lot 1. The use already exists on Lot 1, as well as on the site immediately adjacent to the west. In this case, it is appropriate to apply the High Density Residential land use to this area. Staff finds that the proposed land use amendment conforms to this criterion. 2. How the plan is in error 528 The original land use plan adopted in 1986 noted the areas around this portion of land as High Density Residential in use and did not contemplate adjacent right- of-ways as potential areas for residential use. As the need for housing has increased, the reassessment of previously undesignated sites has been needed to determine if there are areas that might be suitable for development. The subject areas of the lot proposed for the land use change were identified as developable parts of town not previously considered. The amendment and development of Timber Ridge is furthered by the inclusion of this piece of property and the amendment to High Density Residential is instrumental to that process. Staff finds that the proposed land use amendment conforms to this criterion. 3. How the addition, deletion, or change to the plan is in concert with the plan in general Staff has identified the following objectives and goals, which staff believes are relevant to this proposal from the Vail Land Use Plan. 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff finds that the proposed land use amendment conforms to this criterion. 529 VII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Vail Town Council for a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto.“ Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following condition: 1. This application and accompanying recommendation shall not be scheduled for the Town Council until related application PEC23-0010 has been approved by the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section Vl of the Staff memorandum to the Planning and Environmental Commission dated August 28th, 2023, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the 530 development objectives of the town; and 2. That the amendment does further the general and specific purposes of the zoning regulations; and 3. That the amendment does promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” Based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following condition: 1. This application and accompanying recommendation shall not be scheduled for the Town Council until related application PEC23-0010 has been approved by the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: 531 “Based upon the review of the criteria outlined in Section Vl of the Staff memorandum to the Planning and Environmental Commission dated August 28th, 2023, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendment does further the general and specific purposes of the zoning regulations; and 3. That the amendment does promote the health, safety, morals, and general welfare of the town and 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.” IX. ATTACHMENTS A. Applicant Narrative, 8-11-2023 B. CDOT Letter, 6-7-2023 C. Vicinity Map D. Land Use Plan Amendment Exhibit E. Zone District Boundary Amendment Exhibit 532 Present:John Rediker Reid Phillips Brad Hagedorn Robyn Smith Henry Pratt Bobby Lipnick Bill Jensen 1.Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda 3.1 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, from the Public Accommodation (PA) District to the Commercial Core 1 (CC1) District, and setting forth details in regard thereto. (PEC23-0018) Staff requests that this item be tabled to the September 11, 2023 meeting of the Planning and Environmental Commission. Planner: Jonathan Spence Applicant Name: First Bank, represented by East West Partners 3.2 A request for the review of a conditional use permit, pursuant to Section 12-7B-3, Conditional Uses, Vail Town Code, to allow Banks and Financial Institutions on the First Floor or Street Level in the Commercial Core 1 (CC1) District, located at 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, and setting forth details in regard thereto. (PEC23-0019) Staff requests that this item be tabled to the September 11, 2023 meeting of the Planning and Environmental Commission. Planning and Environmental Commission Minutes Monday, August 28, 2023 1:00 PM Vail Town Council Chambers Henry Pratt made a motion to Table to the September 11, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). 1 Planning and Environmental Commission Meeting Minutes of August 28, 2023 533 Planner: Jonathan Spence Applicant Name: First Bank, represented by East West Partners Planner: Jonathan Spence Applicant Name: Town of Vail, represented by Todd Oppenheimer 3.3 A request for a recommendation to the Vail Town Council, pursuant to Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Updated Ford Park Master Plan. (PEC23-0020) Planner Spence introduces the application. The application is not looking for a final recommendation today. It is represented by Sr. Landscape Architect Gregg Barrie and WRT Design (Andy Dawson). Gregg Barrie introduces the Master Plan update. Andy Dawson walks through the presentation – he gives an overview of the document and changes. He talks about stakeholder engagement and outcomes. He talks about goals and operational principles. He addresses capital improvements and implementation. Rediker asks about the location of the mission statement. He addresses the ADA access issue. Dawson says the final document will include a preliminary study on this, evaluating the existing walkways, including a plan for action. Martin & Martin will be doing this study, including evaluating for code compliance as none of the paths to/from the amphitheater were built to ADA standards. Rediker and Dawson discuss the contemplated revisions to the access. Dawson talks through some of the existing conditions in relation to ADA compliance. Currently, the existing ADA walkway winds itself through the gardens. Rediker and Barrie discuss a contemplated new ADA entrance to the amphitheater itself. There is also the idea of an electric shuttle going through the park to provide additional access. Smith asks about the priority of adding a pedestrian shuttle versus the plan’s goal of removing vehicles from the pedestrian way. Barrie says a north accessible exit could eliminate some of the existing conflict between golf carts and pedestrians. Dawson says the proposed shuttle would be consistently operating, whereas the VVF carts are functioning on concert evenings. The pinch point is east Betty Ford Way, getting back to the parking lot. Rediker says autonomous vehicles on those walkways after a show may cause conflicts. Barrie says the contemplated shuttle could be autonomous and could operate during Ford Park hours. It could eliminate a number of vehicles going up and down east Betty Ford way. Jensen says a conveyance system similar to an airport could be good, pending funding. He asks how accurate the 2013 plan was with the benefit of hindsight and what has been accomplished. Barrie says reorganizing the upper parking has improved things. The plan recommended a way to close east Betty Ford Wat to vehicular traffic, and that needs to be looked at again. It recommended pavers on Henry Pratt made a motion to Table to the September 11, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). Ford Park Master Plan PEC August 28th.pdf Attachment A. Application Narrative, Todd Oppenheimer, August 28, 2023.pdf Attachment B. Draft Ford Park Master Plan Update.pdf 2 Planning and Environmental Commission Meeting Minutes of August 28, 2023 534 Betty Ford way and that project has been completed. Dawson says there were several capital improvements which were accomplished from the 2003 plan. This plan is focused on operational management, finding efficient solutions where possible. Phillips talks about private vehicles accessing the drive post events. It seems like an enforcement and management issue. Why were we not able to manage this before, why hasn’t this been working? We need to find a better way to manage people driving where they shouldn’t be. Barrie talks about challenges with the gate, as there were some issues with how the technology worked. Another part of the challenge is working directly with the stakeholders. There is a lot of duplicated vehicular traffic, some of that could be addressed through cooperation and operational changes. Hagedorn asks about enforcement of private vehicles on that way; is it the Town’s responsibility or stakeholders’ responsibility? He adds that he thinks it should be shared with the leaseholders. Barrie says that may be a Town responsibility. Phillips states that while this is outside the realm of the PEC, operational roles need to be defined and recommends a superintendent that will work with all the stakeholders. The redundancy of facilities on top of redundancy of services can be cumbersome. What is the Town getting in return for capital improvements, are we just increasing these redundancies? Barrie says it’s envisioned the deputy town manager could head the oversight committee. Rediker asks for a brief overview of the stakeholders in the park as well as the future development of the park. Dawson says some are lease holders such as Vail Recreation District, Alpine Gardens, and Vail Valley Foundation. Others are Bravo, Walking Mountains, Eagle River Water & Sanitation, and Town departments. He runs through some of the stakeholder concerns. Rediker clarifies most of the VVF ideas were generally within the existing footprint of the amphitheater. Barrie touches on some of the proposed ideas needing further study regarding the amphitheater. Rediker asks if the Alpine Gardens have thoughts on expansion. He notes the ERWS proposed well as well as the idea of the Betty Ford Alpine Gardens increasing their role in park maintenance. What are their thoughts on expansion? Barrie says they’re looking for additional maintenance space, especially if they take on additional responsibilities. They’ve also discussed the need for additional office space, the plan suggests this could be housed in a renovated tennis center. Dawson says VRD has proposed renovating the soccer field maintenance building for additional services. At this point it is recognizing there is a need, but balancing the competing needs. VRD is also feeling scattered and are looking for a centralized facility for their management in Ford Park. Barrie says there is also the possibility of an information center at the renovated tennis center. Pratt asks why the VRD can’t relocate their offices to their facility on the golf course. Barrie says there may not be enough space for an administrative office. They have staff on site for the tennis center. At this point, it appears their preferred location is Ford Park. Phillips says it would be for convenience, but there are challenges there as well, including that it is most expensive to be at Ford Park. The concession gazebo is underutilized. That could be a viable location 3 Planning and Environmental Commission Meeting Minutes of August 28, 2023 535 that might be worth looking at. Dawson says hopefully this plan kicks off those kinds of conversations. Pratt says there were some promises made in 2013 that have fallen by the wayside. Betty Ford Way was supposed to be one way, the maintenance building west of softball fields was supposed to be dual purpose including deliveries. There are too many fingers in the pot and asks if some of the stakeholders be consolidated. He suggests a moratorium on all new footprints in the park except for some of the minor additions within the footprints. The concession building is a failure, why not turn that into the welcome center. He says the Alpine Gardens could manage the nature center, VRD could manage the grass, and the tunneled entry at the north of the amphitheater should be mandatory. That could be a primary entrance, getting pedestrians off Betty Ford Way. He is shocked the oversight committee doesn’t exist, that should be a top priority. This time around, changes to the Master Plan should be operational and need to fix some of the promises from ten years ago that haven’t happened. Lipnick agrees that more coordination is needed. ADA compliance is a top priority. He asks for more information about the leases. Greg Hall, Public Works Director, says the leases are long term, land area leases. He says there is an event committee which currently exists, this coordination could be simplified and overseen through the oversight committee. The park is currently lacking management and coordination, and there is duplication of facilities, efforts, and vehicles. Lipnick reiterates that management needs to be simplified and having the deputy Town Manager as the lead role is a great idea. Rediker asks about the proposed plans for the Nature Center. Barrie says the plan is illustrated but was put on hold 7 years ago. The master plan is meant to reinvigorate the process of the renovations. The master plan is not proposing new buildings or access, that is to be determined at a later date. Rediker is concerned about including some items such as conceptual plans, ADA parameters, etc. without strong qualifying language. He doesn’t know if language needs to be softened or removed regarding conceptual plans. He agrees an access point on the north of the theater, the most volume is the entryway from the parking to the theater. Smith says the plan should speak to some concerns about increased development. She asks some clarifying questions about the role of the oversight committee. Barrie says all the areas are so interconnected, it will facilitate coordination. Smith ask why it is necessary to cite stream tract setbacks in the master plan here. Is that a change from how we it currently operates? Barrie says it is in line with the current regulations. Smith refers to the topics of funding, leases, etc. and states that she can’t add to that topic, as she is not knowledgeable regarding those topics. Hall talks about how modification to leases could occur or need to occur in conjunction with some of the proposed changes. Phillips asks if the stakeholder concerns were prioritized top to bottom – needs versus wants. What is essential and what would make life easier? This seems more like a Christmas list than essential upgrades. What are the priorities for this plan? 4 Planning and Environmental Commission Meeting Minutes of August 28, 2023 536 Hall says funding priorities will be set by the Town Council. Master Plans have implementation strategies, but funding mechanisms come later. Dawson says the goal of the implementation chapter is nailing down some of the implementation items. Phillips says we want to take care as much as possible, but some of these items are in conflict or redundant. It is important to prioritize these from a planning perspective. We want to provide a facility that is usable in the long term. We’re revisiting a master plan after 10 years because there are deficiencies. Smith brings up net-zero construction, the park would be a good place to begin that. Rediker asks for public comment. There is none. Rediker asks for commissioner comment. Hagedorn appreciates the viewpoints and history on the management of the park. The oversight committee is key, and who is responsible for enforcement. He would like to see office space de- emphasized, and only expanded when necessary. Some stakeholders have the ability to expand elsewhere, is this necessary here? ADA accessibility is absolutely critical, the Town needs to hold itself to the standard and provide it to the citizens. Jensen says the master plan hasn’t taken a position on office space; it is fraught with risk. The operational needs must be a priority, but the master plan has a bit of a deficiency by not taking a position on expanded office space. If one expansion is approved, how do you say no to the others? If there is one thing that is accomplished, it should be bringing ADA accessibility up to the standard. Phillips reiterates his earlier points. Pratt emphasizes the expanded office space doesn’t belong in the park, any renovations should be operational and not back of the house. Promises were made back when the concession stand building was built for it not to exceed the designed height, so increasing height is not an option here. Lipnick emphasizes ADA compliance and stresses that the existing pedestrian walkways are not safe. Improving management and coordination is also key. He likes the idea of the deputy town manager being the head of the oversight committee. Smith reiterates net zero should be an opportunity and that office space expansion is not a good idea in the park if it can be avoided. ADA compliance is important. The oversight committee is good if it doesn’t duplicate responsibilities of existing boards. Rediker addresses and generally agrees with capital improvements mentioned in the Master Plan. ADA compliance is important, can the planned ADA study be prioritized. Are we creating more problems with a continuous shuttle bus system? He would like to hear more from the stakeholders as to why the park would be an appropriate place for expanded offices. He wants continued focus on the mission statement. The overall plan is good and headed in the right direction. Let’s be as precise as possible. Spence says it would be helpful for the applicants and Town Staff to understand next steps in the review process per the board’s comments. Rediker says two of the major comments were concerns over expanded office space in the park and working towards ADA compliance. There is a considerable amount of language in the plan in regard to the potential expansion of the tennis center, it would be good to hear from stakeholders before changes are proposed to the language. Lipnick adds that further information on the proposed north entryway to the amphitheater would be 5 Planning and Environmental Commission Meeting Minutes of August 28, 2023 537 helpful. Rediker doesn’t want people to be confused that strong recommendations were made when in fact we’re just looking at schematics. We want to make sure that the plan is clear as to what is being encouraged versus what is just being considered. Jensen adds that the commitment to the environment should be included in the language. Pratt disagrees with the stakeholders coming in as this is the job of the consultants. They are leaseholders with a defined space. The Master Plan is on the right track, overly specific in some places, and needs polishing in others. He says focusing on management and not capital improvements is the right approach now. Barrie says the feedback can be incorporated. Rediker adds stakeholders are welcome to attend public meetings. Smith adds that a curtailed version of the plan tailored to PEC concerns would be helpful to stay on task. Hall addresses some of the concerns they have heard about office space. They will have to go back to stakeholders and have those tough conversations. Rediker addresses the signage throughout the park and suggests that they should only show what is necessary, keeping it simple. Phillips and Hall discuss the leasing of the amphitheater. Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster 3.4 A request for a recommendation to the Vail Town Council for a review of a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to designate the land use of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to High Density Residential located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23- 0015) Items 3.4 & 3.5 heard concurrently. Planning Manager Roy gives a presentation on items 3.4 & 3.5 (PEC23-0015 & PEC23-0011). Staff finds that the criteria is met for the land use amendment. Staff finds that the criteria is met for the zone district boundary amendment. Henry Pratt made a motion to Table to the September 11th, 2023 meeting of the Planning and Environmental Commission.; Brad Hagedorn seconded the motion Passed (7 - 0). Staff Memo PEC23-0015, 0011.pdf A. Applicant Narrative, 8-11-2023 B. CDOT Letter, 6-7-2023 C. Vicinity Map D. Land Use Plan Amendment Exhibit E. Zone District Boundary Amendment Exhibit 6 Planning and Environmental Commission Meeting Minutes of August 28, 2023 538 Pratt asks about the CDOT letter acknowledging the sale. Has the sale been finalized? Roy says it’s in progress, the letter allows the entitlement and review process to continue. Pratt says if the sale falls through, would the zoning change be void? George Ruther, Housing Director, says if the sale didn’t go through the minor subdivision wouldn’t happen and therefore neither would the land use or zoning amendment. These items are contingent upon the sale going through. Rediker asks for public comment. Matt Morgan expresses his support for the project. It’s important for the town, affordability is a relative term, and anything that can be done to keep this moving forward and not raise the price of the units further is a big deal. Housing and staffing are the biggest challenge right now. Hagedorn appreciates the items being broken up this way, likes the approach of addressing the non- contentious items first. Rediker says the staff memorandum was well put together. He agrees that the zone district boundary amendment conforms to the criteria. He also looked at the analysis for the land use amendment and agrees that the criteria are met. Smith says it was successful in the way it was put together by staff, agrees with staff conclusions that the criteria are met. Argues that this is a positive effect on the environment, rather than a neutral one. Land use in 1985 anticipated a shortfall of housing. 41 years of growth have resulted in a net reduction, that is how in the plan we have fewer long-term renters than they did at that time. This is a step to remedy that. 3.5 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to designate the zoning of the proposed addition to Lot 1, Timber Ridge Subdivision from undesignated to Housing (H) District located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0011) See PEC23-0015 for combined staff report and attachments. Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster This item heard concurrently with 3.4 3.6 A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to add a portion of the adjacent CDOT right-of-way to Lot 1, Timber Ridge Subdivision located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0010) Bobby Lipnick made a motion to Recommend for approval with the condition and findings on pages 16- 17 of the staff memorandum; Reid Phillips seconded the motion Passed (7 - 0). Reid Phillips made a motion to Recommend for approval with the condition and findings on pages 17-18 of the staff memorandum; Bobby Lipnick seconded the motion Passed (7 - 0). 7 Planning and Environmental Commission Meeting Minutes of August 28, 2023 539 Staff requests that this item be tabled to the September 25, 2023 meeting of the Planning and Environmental Commission. Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster (Jensen absent from vote) Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster 3.7 A request for the review of a Development Plan, pursuant to Section 12-6I-11, Development Plan Required, Vail Town Code, for a new housing development to be located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0014) Items 3.7 and 3.8 heard concurrently. Planning Manager Roy gives a presentation on items 3.7 and 3.8. He walks through the development plan, including the existing conditions. He walks through the changes since the previous meeting. The stories have been reduced on the southwest building along the frontage. He walks through the development standards. He addresses the variations in setback. He talks about the requested variance. Rediker clarifies that the new retaining walls would be in front of the existing retaining wall. Phillips asks if there is additional detail on the proposed transportation center. Pratt asks about the options for the transportation center. Tom Kassmel, Town Engineer, speaks to the transit area. They are working with the applicant on the proposal. He speaks to the evolution of this area, the goal is pushing this further into the site, with the waiting area potentially underneath the building or overhang. This is a work in progress and needs further considerations, those comments have been provided to the applicant. Transit should take a priority and providing the best service possible to this site as this should is a significant transit-oriented development. They will be encouraging ECO transit to provide service here as well. There might also be at times an employee express bus. Hagedorn asks how many spots are lost with the overhang option, how does that affect parking ratio? Henry Pratt made a motion to Table table to the September 25th, 2023 meeting of the Planning and Environmental Commission; Bobby Lipnick seconded the motion Passed (6 - 0). Staff Memo PEC23-0014, 0012.pdf A. Vicinity Map B. Applicant’s Narrative 8-11-23 C. Narrative Exhibits D. Plan Set, 8-11-23 - Arch Plans D. Plan Set, 8-11-23 - Civil Plans D. Plan Set, 8-11-23 - Landscape Plans E. Rockfall Mitigation Project, 5-15-2020 F. Kumar and Associates, 5-19-2019 8 Planning and Environmental Commission Meeting Minutes of August 28, 2023 540 Kassmel says you may be losing 6-8 spots with the conceptual overhang option. Pratt asks if Red Sandstone is filled up before parking is allowed on the frontage road. Kassmel says not currently but that is something that is being looked at. Pratt asks if there is thought for Red Sandstone employee parking and freeing up soccer fields parking for other uses. Kassmel says it has not come up yet. Jensen runs through the numbers of 288 units, 562 bedrooms and thanks the team for lowering the southwest building from four to three stories, as this will make a big difference. The post office parking has become overflow for Timber Ridge at times. He worries about the parking ratio of 1.01 per unit, this will be a huge challenge for the HOA. He’s ok with it, but also thinks it will be an ongoing management problem for the complex. Phillips clarifies the current ECO transit pickup locations. Smith asks if the new routes and regional lines need to be tied into this development. Smith also asks if this site becomes a mobility site for more than just this development. Kassmel says those are not expected to serve anyone other than servicing people that live in Timber Ridge and Lionsridge. Phillips asks about fire management. Ryan Ocepek is the Fire Marshall. He talks about the fire considerations; overall it meets the fire code. Pratt asks about the back buildings being down in a 2-3 story high hole. Ocepek says since the building goes lower, there’s fire sprinklers inside and access points. The buildings are all fully sprinkled. There will be additional fire protection if there is an overhang for the transit. Right now, from what national publications are shown, if electric vehicle spaces are inside a garage, they’re on the outside of it or nearest the exit. The storage spaces for mobility devices do not face inside the building, they face to the exterior. Pratt asks what is used to fight fires of lithium-ion batteries. Ocepek says very large amounts of water. Typically, the fire trucks carry 500 gallons of water, where an EV fire needs 20,000-30,000 gallons. He talks about the additional considerations for fighting electrical fires. Pratt asks if the system is adequately sized for that and if there is enough water in the system. Ocepek says he believes so, but it will be a long duration to fight an EV fire. Hagedorn asks about the emergency access drives. Ocepek says those have been reviewed. The snow management plan will be important to maintain the access points. Mike Foster is with Triumph Development. He addresses the comments from the commissioners at the last meeting. Rediker asks about the unit breakdown regarding ownership. Is it possible that a unit would be transferred from a business to private individual. Foster says that is not envisioned right now. The Town will own one of the buildings as well for deed 9 Planning and Environmental Commission Meeting Minutes of August 28, 2023 541 restrictions. Rediker asks if for rent buildings are grouped in the same building. Are the for-sale units in separate buildings? Foster says they have not all been assigned yet. Some businesses want their units spread out so the renters can get to know others in the community. Building E will be more specialized for individuals, more of a family feel versus rental feel. They have not all been specifically identified at this point. Foster talks about the newly proposed amenity spaces. They will be dual purpose and utilized snow storage in the winter and picnic/usable outdoor space in the summer. He runs through the unit and parking count. The next plan may have a handful more parking spaces. Lipnick asks if they have talked to businesses or potential residents about one parking space per unit. Foster says that has been communicated as clearly as possible at this stage in conversations with those parties. He talks about the process as well as the deposit system with businesses. Lipnick asks about the cost of building. Foster says some of that is dependent on what is ultimately approved. They have pro-formas based on the cost estimates for the project. He talks about the construction prices; it is a work in process. He talks about the retaining wall proposal. He addresses the proposed rooftop decks. Pratt asks about snow removal on the rooftop decks. Foster says it will overflow to rooftop scuppers; they are working on addressing this. The decks will be four seasons. They will need to work on the structural system and will know more from the engineer soon. He addresses the access drive. They are working with the Lionsridge Drive ownership group on the proposal regarding the shared access on the property line. He talks about the mobility plan components. He talks about the carshare program, a possible public-private partnership. This could tie in to the existing and proposed multi-family projects along the North Frontage Road. Hagedorn asks if they have budgeted for carshare infrastructure or funding. Foster says that is still being worked out. Foster talks about the revised snow storage plan and considerations. He talks about the contemplated management plan for the master HOAs. Foster addresses the latest plans for the transit stop and the potential options. How can this be done without passing the cost on to the purchasers. Michael Heitsman is with Pure Design. He walks through the elevations and roofing and massing. Rediker asks where the entrances are located. Heitsman says it varies per building. He shows some 3D model views from the frontage road and various vantage points. Pratt asks if the garages are open or closed and would need ventilation. Foster states that they are planning on mechanical ventilation at this point. Phillips says it would be nice to have additional information on the transportation options. He notices they have picked up 1,200 square feet of amenity space, did that cost a unit in the process? What is the cost impact of this covered transportation option? We need a better understanding of the impact from a transportation and financial perspective. 10 Planning and Environmental Commission Meeting Minutes of August 28, 2023 542 Foster says the PEC could provide some feedback on the transit stop today. There is about a $3 million cost for the overhang option. Phillips asks why this is being saddled on this project. Are there ways to mitigate or spread out the cost of this possible transportation hub? Phillips would rather not see it under the building simply because it’s adding a large cost that the structure is not solely responsible for. Foster says the regional bus is a great benefit for the residents, but it also needs to be safe. Smith asks about the scalability of this bus stop. How do we determine the usability from the other structures in the neighborhood. Is there an opportunity for a bigger mobility hub that isn’t right here? Foster says the Lions Ridge apartments will be using this stop along with Timber Ridge residents. There is a 1:1 parking ratio, so there needs to be a robust bus stop with good frequencies that people will want to use. Phillips wants to accommodate all users to the extent possible. Foster wants to find funding options that doesn’t pass the cost on to the end user. The two-tiered parking and bus overhang would be the preferred option if funding can be figured out. Also making sure it is aesthetically pleasing. Kassmel says there may be other options where you wouldn’t need a second level podium parking. A lot of that added cost would be for the second level parking. There may be other design options that haven’t been fully vetted yet. Is that second level parking necessary or cost effective in that case? The timing is a consideration for things like transit grants. When LionsRidge was redeveloped, there was talk of enhancing the transit stop but that got kicked down the road. That is the background for this. Lipnick asks if Eagle Valley Transit Authority would play a role. Kassmel is unsure. The expectation is that most riders would be from Timber Ridge and Lionsridge. Rediker says the paramount concern is the left turn going east for the buses. Smith says a lot of factors were considered regarding the transportation. She doesn’t want this project to be delayed for a transportation solution that may be greater than this project alone. Kassmel says they know the solution for the buses, it just has impacts as far as the building, parking, and costs. There will be more discussions on the best option, but it is critical to have more room where the exiting bus makes its turn further up the driveway. Pratt asks for shading on the 3D views. Smith asks about some of the changes to Building F regarding building height and unit ceiling height. Foster states that the unit ceiling height is still 9’-0”. Rediker asks about the delivery spaces. Is there a concern that a larger vehicle would be needed? Foster says if that was the case it would need to temporarily be in the drive aisle, incorporated into the parking management plan. There are two 10’x20’ spaces total. Rediker asks about guest parking spaces. Foster says there will be some additional spaces for guest parking in the 12-14 range. Rediker asks about the landscaping plan. Does the current plan take the Fire Free Five landscaping into account? Foster says that is incorporated. 11 Planning and Environmental Commission Meeting Minutes of August 28, 2023 543 Smith asks about a pedestrian walkway. Foster addresses the pedestrian walkway regarding the Fire Department requests. Smith recommends pedestrian access to the post office. Lipnick asks if there is any xeriscape. Foster says their landscape architect will be at the next meeting and has worked with the Town on recommendations. Roy says drought tolerant species will be utilized. Smith asks if they would consider keeping one of the staircases to Lionsridge Loop. Foster says it is in the budget, and he’s hoping that parking will be developed, and it can tie into that. Smith says they should consider it regardless of if the parking materializes. Rediker asks about the drainage plan. He wants to confirm there won’t be any drains directly into Gore creek. Kassmel says the storm drains will be going into Gore Creek, there will be vaults to capture as much material as possible. One of the things to be evaluated is if the existing pipe has the ability to handle the existing flow. Pratt asks if there is an opportunity for permeable paving. Kassmel says a small amount functions well at Stephens Park. There is always a plowing concern with those pavers. One of the challenges with that is that it must be well maintained as the porousness gets clogged up over time. Rediker comments that there is potentially a lot of surface runoff. We’re concerned about Gore Creek water quality, he wants to understand the process through the water quality vaults, it must be as clean as possible. Rediker says a rockfall memo has been received today from the Housing Department. Is there anything else they should understand about this? Is there any further work or monitoring to be done? Ruther says there was a memorandum in the packet summarizing the previous work that has been completed. A couple years ago, mitigation work was completed for the western part of the property. At this point, no additional mitigation is necessary. There is recommended monitoring that needs to happen. Hagedorn asks about the access entrance. Is there a problem with the mortgagees being able to grant that access easement? Foster says the owners believe it is approvable but needs to confirm with the lenders. Roy says the LionsRidge development plan would also need to be amended to reflect these changes. Rediker asks for public comment. There is none. He asks for commissioner comments. Smith appreciates the information that has been provided. A denial should require the specific criteria of failure, she can’t see a portion that’s not being met. There is not a lot of precedent for carshare in Vail, if the carshare option isn’t working out, let there be some ability to adjust that. The snow storage meets the requirements, doesn’t want to encourage impervious heated surfaces. Lipnick loves the project because it produces the number one priority for the community. He is ok with the retaining walls, carshare is a public-private partnership to share the burden. Will be interested in the resolution of the bus stop, fine with the landscaping, parking is fine. The properties where we can build workforce housing are limited today, using North Frontage Road is the right answer for locals housing. The fact that we didn’t see a lot of NIMBYs here is striking. This is the right project in the right location. Pratt says it was a fantastic presentation with answers to every question. He encourages Triumph to 12 Planning and Environmental Commission Meeting Minutes of August 28, 2023 544 work with the Town, doesn’t want to see a second level of parking. Thank you for taking a floor off the CDOT building, wishes it had been done on the other frontage buildings. Continues to have concerns about parking, it’s naïve to think there won’t be a significant number of guests on any given evening. He has a real concern about Building C and the CDOT building. It looks like 30 feet separation, 98 units facing each other four stories tall. That will be a quality of life issue. Tt’s too much mass I know you’ve been directed to do that, the west end is too dense. It’s far above anything that has been done in Vail, there is additional housing projects in line as well as West Vail commercial center. Phillips thanks the team and town staff for revisions that look good. We're in crisis mode for affordable housing. We have to look at density as a solution because we don’t have a lot of options after this. Continue to provide good information so it is transparent to the public. He understands the need for the bus hub, are there opportunities to the east to help mitigate some of this demand. He asks how many people are going from Timber Ridge to Residences at Main Vail (RMV). Ruther says a good percentage of folks from Timber Ridge are moving to RMV. There is an increase in rent, the Town is providing a subsidy. Accommodations were made, 425 people signed up for the 72 units at RMV. All of this is a strategic effort to get at these housing issues and it’s going to take steps to get there. Jensen thanks the applicants, there have been a lot of good refinements since the last meeting. There are still a few things to refine including the bus stop and access. He also agrees with a set of stairs from Lionsridge Loop. He appreciates talking with different contractors to maximize the bids. He makes some suggestions regarding ownership and management. We haven’t built enough housing, understands the council priority but the costs are high. $3 million for the extra parking deck would be a lot without other funding sources. This is critical to the community, thank you. Hagedorn appreciates the submission and changes. This is a dense project, but it’s intentional because we want density there and it’s one of the few places we can put it. Thank you for the construction and staging plan. The roof is a huge improvement. He’s comfortable with the snow storage, you’ll figure out the management that is needed. Doesn’t have a strong opinion either way on the bus stop options, whatever the town is comfortable with in terms of safety. The carshare concern is that if there is a program in place it doesn’t fail 2-3 years down the line if we are contemplating reduced parking because of that program. Can some of that cost be split? He likes the direction and excited to see the next turn at it. Rediker says there have been a lot of good changes, we were provided more detail today. He doesn’t have a problem with the retaining walls. The setback adjustments he is ok with. He looks forward to better understanding of the drainage plan, his concern is about what is going into the creek – need the best separator possible. Interested to see the solution with the bus turns happening safely. Looking forward to more 3D modeling from street level. This is a dense project and council wants it that way. If there is a way to scale down the appearance of Building B, that would be good. The relief and interest help soften the appearance, no matter what the appearance is huge it will be bigger than anything before and that is what council is directing. Has a problem with the parking, we’re not there yet with people taking alternative transportation. It is difficult on a family to have just one car for a unit. We’re getting there on scale, massing, character. It will be a dense site, but it is an appropriate site to do it. 3.8 A request for the review of a variance from Section 14-6-7 Retaining Walls, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for retaining walls in excess of six feet in height located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regards thereto. Reid Phillips made a motion to Table to the September 25th, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). 13 Planning and Environmental Commission Meeting Minutes of August 28, 2023 545 See PEC23-0014 for combined staff report and attachments. (PEC23-0012) Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Item heard concurrently with 3.7 4.Approval of Minutes 4.1 PEC Results 8-14-23 5.Information Update 5.1 Development Review Process Amendments Presenter(s): Dominic Mauriello and Allison Ochs Kent with Mauriello Planning Group, George Ruther, Housing Director Dominic Mauriello with Mauriello Planning Group says the applicants will be coming to next meeting, fulfilling the mandate to lower the barriers to workforce housing. They are looking at policy options, including changes to the Housing zone district. There is a recommendation from the housing authority, Council is saying do these things. Hagedorn clarifies if the changes would make the code would be more prescriptive with less ambiguity. Mauriello confirms. Hagedorn says anything that removes ambiguity and barriers is helpful. Jensen is interested in how this applies to the West Vail Master Plan. Mauriello says right now this is specific to the Housing zone district. You will be reviewing rezonings in mind of what these Housing standards are. Smith asks for a better understanding of factual and representative public feedback. Rediker says it’s important people pay attention to what is going on. Public participation is beneficial to the process. 6.Adjournment Reid Phillips made a motion to Table to the September 25th, 2023 meeting of the Planning and Environmental Commission; Robyn Smith seconded the motion Passed (7 - 0). PEC Results 8-14-23.pdf Bobby Lipnick made a motion to Approve ; Reid Phillips seconded the motion Passed (7 - 0). Reid Phillips made a motion to Adjourn ; Robyn Smith seconded the motion Passed (7 - 0). 14 Planning and Environmental Commission Meeting Minutes of August 28, 2023 546 TO: Town Council FROM: Community Development Department DATE: November 7, 2023 SUBJECT: First reading of Ordinance No. 23, Series of 2023, an ordinance amending Title 12, Chapter 6 of the Vail Town Code to amend the current Housing District regulations and to establish a new Housing District and amending Sections 14-6-7 and 14-10- 9 of the Vail Town Code to increase the allowable maximum height of retaining walls in the Housing Districts. Applicant: Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group Planner: Greg Roy, Planning Manager I. SUMMARY The applicant, Town of Vail and the Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group, is proposing to amend the current Housing (H) Zone District in Section 12-6I, create a new Housing Two (H-2) Zone District with Section 12-6L, and amend Title 14-6-7 and 14-10-9 to allow retaining walls in the H and H-2 districts to extend up to fifteen (15) feet in height. This update is recommended by the Vail Local Housing Authority and is intended to provide basic standards in the zone district that allow for a streamlined process. The amendment will update the Housing Zone District standards and the review process for projects located within the district. The PEC voted 5-0 to recommend approval of PEC23-0025 and 3-2 (Rediker, Jensen opposed) to recommend approval of PEC23-0023. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 23, Series of 2023 on first reading. III. DESCRIPTION OF REQUEST 547 Town of Vail Page 2 The proposed Prescribed Regulation Amendment will amend the standards for the Housing (H) district to create set standards in place of standards prescribed by the PEC. The proposal would also create a second Housing District that would have a lower height maximum to be more compatible in lower density areas. It would also permit retaining walls in either housing district to extend up to fifteen (15) feet in height. Please see the attached documents for review. A. Ordinance No. 23, Series of 2023 B. PEC23-0023 Staff Report 9-25-23 C. PEC23-0025 Staff Report 9-25-23 D. PEC Results 9-25-23 IV. BACKGROUND The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later amended that same year with Ordinance No. 19, Series of 2001, for grammatical corrections and references to other sections of Town Code. With Ordinance No. 29, Series of 2005, additional grammatical corrections were made as well as changes to permitted and accessory uses. Bicycle and Pedestrian paths were added to the permitted uses and Child Daycare Facilities were added as an accessory use. Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These policies encourage the development of housing in the Town of Vail. In accordance with those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello Planning Group have worked on a code amendment for the Housing (H) Zone District to encourage more private development in the Town. This is proposed by amending the district’s open standards that are set by the PEC and providing a set of standards that would produce an orderly development in any lot zoned Housing. A second Housing district is proposed that would be the same, except for a lower height to be more compatible in lower density areas. The Planning and Environmental Commission was introduced to the proposal at the September 11, 2023, meeting where comments and feedback were given by the Commissioners. The applicant and staff reviewed the feedback and brought a revised proposal to the PEC at the September 25, 2023 meeting. Title 14 was created with Ordinance 22, Series of 1999. That ordinance repealed Chapter 12-14 Supplemental Regulations of Town Code and created Title 14 Development Standards which included Section 14-6-7. It was later amended with Ordinance No. 29 Series of 2005. In that ordinance, there was originally a table that laid out standards for the height of retaining walls based on a variety of factors as well as which entity was responsible for approving the various aspects of the design. The 2005 amendment removed the chart and added the language that is in place today. This language allows for a maximum of six feet in height, with the further limitation of only three feet in height if the wall is in the front setback. 548 Town of Vail Page 3 The height restrictions have largely remained unchanged since this 2005 amendment. In 2006, there was another amendment to this section that required engineer-stamped plans in specific situations. This section was last amended in 2019 to clarify that higher walls in the front setback on steep lots were allowed for the development of the structure and not only for access to the site. The current proposal initially contemplated exempting retaining walls in the Housing zone district from the maximum height limitations and allowing the DRB to decide when it would be appropriate for a landscaped bench to be added to the design. At the September 11, 2023, meeting, the PEC commented that set standards should be in place and if variations are needed, a variance application was to be reviewed by the PEC. Anticipating similar comments on this application, it was determined an increased height maximum would be a more appropriate proposal than no maximum at all. Included in this ordinance, the proposed language would allow retaining walls to have a single face extend up to fifteen (15) feet in height in the Housing Zone Districts. The proposal was brought to the PEC at the September 25, 2023 meeting and recommended for approval. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 23, Series of 2023, on first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 23, Series of 2023, an ordinance amending Title 12, Chapter 6 of the Vail Town Code to amend the current Housing District regulations and to establish a new Housing District, and amending Sections 14-6-7 and 14-10-9 of the Vail Town Code to increase the maximum height of reta ining walls in the Housing Districts.” Should the Vail Town Council choose to approve Ordinance No. 23 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 549 Town of Vail Page 4 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.” Vl. ATTACHMENTS A. Proposed Ordinance No. 23, Series of 2023 B. PEC23-0023 Staff Report 9-25-23 C. PEC23-0025 Staff Report 9-25-23 D. PEC Results 9-25-23 550 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX ORDINANCE NO. 23 SERIES 2023 AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF THE VAIL TOWN CODE TO AMEND THE CURRENT HOUSING DISTRICT REGULATIONS AND TO ESTABLISH A NEW HOUSING DISTRICT, AND AMENDING SECTIONS 14-6-7 AND 14-10-9 OF THE VAIL TOWN CODE TO INCREASE THE MAXIMUM HEIGHT OF RETAINING WALLS IN THE HOUSING DISTRICTS WHEREAS, on September 25, 2023, the Planning and Environmental Commission held a properly-noticed public hearing on proposed amendments to the current Housing District regulations, the establishment of a new Housing District, and the increase in the height of retaining walls in the Housing Districts, and recommended that the Town Council approve such amendments; WHEREAS, the Town's economy is largely tourist based and the health of this economy is premised on exemplary service for the Town's guests, and the Town's ability to provide such service is dependent upon a strong, high quality and consistently available work force; WHEREAS, to achieve such a work force, the Town must work to provide quality living and working conditions, and the availability and affordability of housing plays a critical role in creating quality living and working conditions for the community’s work force; and WHEREAS, the Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community, and the Town has a role, in conjunction with the private sector, in ensuring that housing is available. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Article 6I of Chapter 6 of Title 12 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: ARTICLE 12-6I: HOUSING ONE (H-1) DISTRICT § 12-6I-1. PURPOSE. The H-1 District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. This zone district allows flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The H-1 District is intended to ensure that employee housing is appropriately located and designed to meet the needs of residents of the Town, to harmonize with 551 2 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. § 12-6I-2. PERMITTED USES. The following uses are permitted in the H-1 District: (1) Bicycle and pedestrian paths; (2) Wireless communications facilities; (3) Employee housing units; (4) Passive outdoor recreation areas and open space.; (5) Public buildings, grounds and facilities; (6) Public parks and recreational facilities; and (7) Public utilities installations including transmission lines and appurtenant equipment. § 12-6I-3. CONDITIONAL USES. The following conditional uses are permitted in the H-1 District, subject to issuance of a conditional use permit: (1) Public and private schools; and (2) Commercial uses secondary and incidental to employee housing and specifically serving the needs of the residents, including the following: (a) Automated teller machines; (b) Banks and financial institutions; (c) Business offices and professional offices; (d) Eating and drinking establishments; (e) Funiculars and other similar conveyances; (f) Health clubs; (g) Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops and similar services; and (h) Retail stores and establishments. § 12-6I-4. ACCESSORY USES. The following accessory uses are permitted in the H-1 District: (1) Home occupations, subject to issuance of a home occupation permit; (2) Childcare facilities; 552 3 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX (3) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; and (4) Dwelling units other than employee housing units, if: (a) Such dwelling units are created solely for the purpose of subsidizing employee housing on the property; (b) Such dwelling units are not the primary use of the property. (c) The GRFA for such dwelling units does not exceed thirty percent (30%) of the total GRFA constructed on the property; (d) Such dwelling units are only created in conjunction with employee housing; and (e) Such dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties; and (5) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6I-5. SETBACKS. The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. § 12-6I-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are enclosed, site coverage may be increased to seventy-five percent (75%). § 12-6I-7. LANDSCAPING AND SITE DEVELOPMENT. At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6I-8. LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. § 12-6I-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed seventy (70) feet. For a sloping roof, the height of buildings shall not exceed eighty-five (85) feet. § 12-6I-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6I-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. 553 4 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX § 12-6I-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit. Applications shall include: number and layout of parking spaces being provided onsite; details of any offsite parking being provided; details of bicycle parking provided onsite; and provisions for guest parking and assigned parking spaces. § 12-6I-13. MOBILITY. (A) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (B) Mobility Management Plan. The Mobility Management Plan shall include: (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (3) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Covered/protected/secured bike parking/storage; (6) Provisions for guest parking and management; (7) Provisions for seasonal variations; and (8) Provisions for off-site vehicle storage, which may be located at any distance from the site. (C) Review criteria. To be approved, a Mobility Management Plan shall: (1) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (a) Hierarchy of bus routes (regional vs. local); (b) Proximity to job centers; and (c) Proximity to commercial area. (2) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs; and (3) Comply with the parking requirements found in Chapter 12- 10, Off-Street Parking and Loading. 554 5 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX (D) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (1) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. (2) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (3) Personal vehicles shall not be parked in the public right-of- way. (4) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved development plan. (5) At no times shall parking extend into required drive aisles. (6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (7) Bike parking shall be maintained at all times in a clean, safe and functional condition. (E) Reporting. For the first five (5) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development, including the following information: (1) Number of occupied units and number of residents per unit. (2) Usage of mobility services; (3) Results of surveys of residents concerning parking; (4) Reports of any code enforcement complaints; and (5) A parking utilization study during summer and winter. (F) Enforcement. Failure to comply with a Mobility Management Plan shall be considered a zoning violation under § 12-3-9 of this Title. § 12-6I-14. LOCATION OF BUSINESS ACTIVITY. (A) Limitation. All conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as specifically authorized to be unenclosed by a conditional use permit, and the outdoor display of goods. (B) Outdoor display areas. The area to be used for outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building 555 6 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX entrances and exits, driveways and streets shall not be obstructed by outdoor display. Section 2. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6L, to read as follows: ARTICLE 6L: HOUSING TWO (H-2) DISTRICT § 12-6L-1. PURPOSE. The H-2 District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. The H-2 District provides flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The H-2 District is intended to ensure that employee housing is appropriately located and designed to meet the needs of Town residents, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. The H-2 District is intended to apply to properties located in areas developed with low density residential uses where it may be more appropriate to have lower residential building forms. § 12-6L-2. PERMITTED USES. The following uses are permitted in the H-2 District: (1) Bicycle and pedestrian paths; (2) Wireless communication facilities; (3) Employee housing units; (4) Passive outdoor recreation areas, and open space; (5) Public buildings, grounds and facilities; (6) Public parks and recreational facilities; and (7) Public utilities installations including transmission lines and appurtenant equipment. § 12-6L-3. CONDITIONAL USES. The following conditional uses are permitted in the H-2 District, subject to issuance of a conditional use permit: (1) Public and private schools; and (2) Commercial uses which are secondary and incidental to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, 556 7 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX in which case the following uses may be allowed subject to a conditional use permit: (a) Automated teller machines; (b) Banks and financial institutions; (c) Business offices and professional offices; (d) Eating and drinking establishments; (e) Funiculars and other similar conveyances; (f) Health clubs; (g) Personal services, including without limitation laundromats, beauty and barber shops, tailor shops and similar services; and (h) Retail stores and establishments. § 12-6L-4. ACCESSORY USES. The following accessory uses are permitted in the H-2 District: (1) Home occupations, subject to issuance of a home occupation permit; (2) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; (3) Childcare facilities; (4) Dwelling units other than employee housing units, if such dwelling units: (a) Are created solely for the purpose of subsidizing employee housing on the property; (b) Are not the primary use of the property; (c) Do not exceed thirty percent (30%) of the total GRFA constructed on the property; and (d) Are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties; and (5) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6L-5. SETBACKS. The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. 557 8 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX § 12-6L-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are underground or enclosed, site coverage may be increased to seventy-five percent (75%). § 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT. At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6L-8. LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. § 12-6L-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty- five (35) feet. For a sloping roof, the height of buildings shall not exceed forty-three (43) feet. § 12-6L-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6L-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. § 12-6L-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit or employee housing unit, which represents all parking, including visitor parking. Applications shall include number and layout of onsite parking spaces; details of any offsite parking being provided; onsite bicycle parking; provisions for guest parking; and assigned parking spaces. § 12-6L-13. MOBILITY. (A) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (B) Mobility Management Plan. The Mobility Management Plan shall include: (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; 558 9 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX (3) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Covered/protected/secured bike parking/storage; (6) Provisions for guest parking and management; (7) Provisions for seasonal variations; and (8) Provisions for off-site vehicle storage, which may be located at any distance from the site. (C) Review criteria. To be approved, a Mobility Management Plan shall: (1) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (a) Hierarchy of bus routes (regional vs. local); (b) Proximity to job centers; and (c) Proximity to commercial area. (2) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs; and (3) Comply with the parking requirements in Chapter 12-10, Off- Street Parking and Loading. (D) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (1) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. (2) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (3) Personal vehicles shall not be parked in the public right-of- way. (4) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved development plan. (5) At no times shall parking extend into required drive aisles. (6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (7) Bike parking shall be maintained at all times in a clean, safe and functional condition. 559 10 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX (E) Reporting. For the first five (5) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development, including the following information: (1) Number of occupied units and number of residents per unit. (2) Usage of mobility services; (3) Results of survey of residents concerning parking; (4) Reports of any code enforcement complaints; and (5) A parking utilization study during summer and winter. (F) Enforcement. Failure to comply with a Mobility Management Plan shall be considered a zoning violation under § 12-3-9 of this Title. § 12-6L-14: LOCATION OF BUSINESS ACTIVITY: (A) Limitation. All conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as specifically authorized to be unenclosed by a conditional use permit, and the outdoor display of goods. (B) Outdoor display areas. The area to be used for outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Section 3. Section 14-6-7 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 14-6-7: RETAINING WALLS. (A) Review. All retaining walls shall be reviewed by the Design Review Board to determine compatibility with the existing topography of and the materials in use. (B) Height. (1) Retaining walls shall not exceed an exposed face height of six (6) feet, except in the H-1 or H-2 Districts, where retaining walls shall not exceed an exposed face height of fifteen (15) feet. (2) In a front setback, retaining walls shall not exceed an exposed face height of three (3) feet, unless related to access to or development of a structure on slopes in excess of thirty percent (30%). (3) Retaining walls associated with a street located in a public right-of-way, or access to an underground covered parking structure are exempt from these height limits. 560 11 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX (4) All retaining walls over four (4) feet in height, measured from the bottom of a footing to the top of wall as per the adopted Building Code, shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. (5) All retaining walls in a public right-of-way over three (3) feet in height, measured from the bottom of a footing to the top of wall as per the adopted Building Code, shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. (6) The height limit for retaining walls is based on the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1:1), the wall shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. (C) Landscaping. To avoid excessive vertical expanses of retaining walls and to provide visual relief in areas highly visible to the public, the Design Review Board may require landscaping in front of walls and landscape benches between walls. (D) Location. Retaining walls shall be located at least two (2) feet from adjacent private property boundaries and at least ten (10) feet from the edge of a public street unless otherwise approved by the Design Review Board. (E) Combination retaining walls. A retaining wall is considered a combination wall if the upper wall falls within a prism defined as starting one (1) foot behind the face of the lower wall at the lowest finished grade line and then back at a one and one-half to one (1.5:1) angle from the starting point. The minimum bench of combination retaining walls shall be four (4) feet. All combination retaining walls shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. Section 4. Section 14-10-9(E) of the Vail Town Code is hereby amended as follows: § 14-10-9 FENCES, HEDGES, WALLS AND SCREENING. * * * (E) Height limitations. Fences, hedges, walls and landscaping screens shall not exceed three (3) feet in height within any required front setback area and shall not exceed six (6) feet in height in any other portion of the site, except in the Housing One (H-1) District and Housing Two (H-2) District, where retaining walls shall not exceed an exposed face height of 561 12 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX fifteen (15) feet. provided that higher Higher fences, hedges, walls or landscaping screens may be authorized by the Administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. 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 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 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. _____________________________ 562 13 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 23, SERIES OF 2023 (HOUSING DISTRICT CHANGES)/ATTACHMENT A. ORDINANCE NO. 23, SERIES OF 2023.DOCX Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 563 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 25, 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 12-6I Housing (H) District, to change the development review process and standards. (PEC23- 0023) Applicant: Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group, is proposing to amend Section 12-6I. This update is recommended by the Vail Local Housing Authority and is intended to provide basic standards in the zone district that allow for a streamlined process. The amendment will update the Housing Zone District standards and the review process for projects located within the district. II. DESCRIPTION OF REQUEST The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group, is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Section 12-6I Housing (H) District, to change the development review process and standards. III. BACKGROUND 564 Town of Vail Page 2 The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later amended that same year with Ordinance No. 19, Series of 2001, for some grammatical corrections and references to other sections of Town Code. With Ordinance No. 29, Series of 2005 there were additional grammatical corrections made as well as changes to permitted and accessory uses. Bicycle and Pedestrian paths were added to the permitted uses and Child Daycare Facilities were added as an accessory use. Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These policies encourage the development of housing in the Town of Vail. In accordance with those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello Planning Group have worked on a code amendment for the Housing (H) Zone District in an effort to encourage more private development in the Town. This is proposed by amending the district’s open standards that are set by the PEC and providing a set of standards that would produce an orderly development in any lot zoned Housing. The Planning and Environmental Commission was introduced to the proposal at the September 11, 2023 meeting where comments and feedback were given by the Commissioners. The applicant and staff reviewed the feedback and have brought a revised proposal to the PEC at this meeting. Below is a summary of the changes made to the language since the previous meeting: • Creating a second Housing district that has the same criteria except for a lower maximum height • Making variations to the setbacks a Variance rather than part of the DRB review • Preserving the language that Dwelling Units (DUs) are only to subsidize the deed restricted housing • Adding additional language to the purpose statement • Dwelling Units and Child Daycare Facilities moved from permitted uses to accessory uses • Site coverage remains at 55% with an allowance to go up to 75% only if 75% of required parking is structured • Setbacks are changed to 20 feet in the front and 15 feet on the sides and rear • Parking is set with a minimum of 1.05 spaces per unit. Any proposed reduction would require a Mobility Management Plan to be approved by the PEC IV. PROPOSED TEXT AMENDMENT LANGUAGE Please see Attachment A for the proposed language for Section 12-6I, Vail Town Code. The bold lettering represents the added proposed language and the red strikethrough represents removed language. Proposed language: ARTICLE 6I: HOUSING (H) DISTRICT 565 Town of Vail Page 3 PURPOSE. The town’s economy is largely tourist based and the health of this economy is premised on exemplary service for Vail’s guests. Vail’s ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community’s work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide allow flexibility with development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in § 12-1-2 of this title, provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The Housing District is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. PERMITTED USES. The following uses shall be permitted in the H District: (A) Bicycle and pedestrian paths; (B) Communications antennas and appurtenant equipment; (C) Employee housing units, as further regulated by Chapter 13 of this title; (D) Passive outdoor recreation areas, and open space; (E) Public buildings, grounds and facilities; (F) Public parks and recreational facilities; and (G) Public utilities installations including transmission lines and appurtenant equipment. 566 Town of Vail Page 4 CONDITIONAL USES. The following conditional uses shall be permitted in the H District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: (A) Commercial uses which are secondary and incidental (as determined by the Planning and Environmental Commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: (1) Automated teller machines (ATMs) exterior to a building; (2) Banks and financial institutions; (3) Business offices and professional offices, as further regulated by § 12-16-7 of this title; (4) Child daycare facilities; (4) Eating and drinking establishments; (5) Funiculars and other similar conveyances; (6) Health clubs; (7) Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops and similar services; and (8) Retail stores and establishments. (B) Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: (1) Dwelling units are created solely for the purpose of subsidizing employee housing on the property; (2) Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property; (3) Dwelling units are only created in conjunction with employee housing; and 567 Town of Vail Page 5 (4) Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. (C) Outdoor patios; (D) Public and private schools; (E) Public buildings, grounds and facilities; (F) Public parks and recreational facilities; and (G) Public utilities installations including transmission lines and appurtenant equipment. ACCESSORY USES. The following accessory uses shall be permitted in the H District: (A) Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title; (B) Minor arcades; (B) Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: (1) Dwelling units are created solely for the purpose of subsidizing employee housing on the property; (2) Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property; (3) Dwelling units are only created in conjunction with employee housing; and (4) Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. (C) Child daycare facilities; (D) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; and (E) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 568 Town of Vail Page 6 SETBACKS. (A) The setbacks in this district shall be 20 feet from the perimeter of the zone district. In the H District, minimum front setbacks shall be 20 feet, minimum side setbacks shall be 15 feet and minimum rear setbacks shall be 15 feet. (B) At the discretion of the Planning and Environmental Commission, variations to the setback standards may be approved during the review of a design review application subject to the applicant demonstrating compliance with the following criteria: (1) Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas; (2) Proposed building setbacks will provide adequate availability of light, air and open space; (3) Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties; and (4) Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. (C) Variations to the 20-foot setback shall not be allowed on property lines adjacent to HR, SFR, R, PS and RC zoned properties, unless a variance is approved by the Planning and Environmental Commission pursuant to Chapter 17 of this title. SITE COVERAGE. Site coverage shall not exceed 55% of the total site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased If 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, site coverage may be increased to 75%. and that the minimum landscape area requirement is met. LANDSCAPING AND SITE DEVELOPMENT. At least 3025% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15 feet with a minimum area not less than 300 square feet. 569 Town of Vail Page 7 LOT AREA AND SITE DIMENSIONS. The minimum lot or site area shall be 10,000 square feet of total site area. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed 70 feet. For a sloping roof, the height of buildings shall not exceed 85 feet. DENSITY (DWELLING UNITS PER ACRE). No limitation on the number of dwelling units per acre permitted. GROSS RESIDENTIAL FLOOR AREA (GRFA). No limitation on the amount of gross residential floor area. PARKING AND MOBILITY. Parking for dwelling units within the H District shall be provided at a rate of 1.05 parking space per dwelling unit or employee housing unit which represents all parking, including visitor parking. Applications for development approval must include details of the following information: number and layout of parking spaces being provided onsite; details of any offsite parking being provided; details of bicycle parking provided onsite; and provisions for guest parking and assigned parking spaces. Mobility for residences providing less than the prescribed number of parking spaces shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. (A) Mobility Management Plan. A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; 570 Town of Vail Page 8 (3) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Provide covered/protected/secured bike parking/storage; (6) Provisions for guest parking/ management; (7) Seasonal variations in parking management plan; and (8) Provisions for off-site vehicle storage which may be located at any distance from the site that they serve and thus exempt from § 12-10-6 Parking; Offsite and Joint Facilities. (B) Review criteria. A Mobility Management Plan shall be reviewed based on the following criteria: (1) Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit: (a) Hierarchy of bus routes (aka regional vs local); (b) Proximity to job centers; and (c) Proximity to commercial area. (2) Adequate off-street parking is demonstrated in consideration of other provided mobility options including vehicle share/shuttle programs; and (3) Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in § 12-10, Off-Street Parking and Loading, when considering appropriate minimum off-street parking. (C) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained. (1) At no times shall personal vehicles be parked in areas designated for fire service or within a dedicated emergency access easement. (2) At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the town. (3) A no times shall personal vehicles be parked in the ROW. 571 Town of Vail Page 9 (4) At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. (5) At no times shall parking extend into required drive aisles. (6) A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. (7) Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. (D) Reporting requirement. (1) For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued certificate of occupancy. (2) The report shall include the following: (a) Occupancy; 1. Occupied units; and 2. Number of residents per unit. (b) Usage of mobility services; (c) Results of survey of residents concerning parking; (d) Reports code enforcement/ fire/parking complaints; and (e) Parking utilization study during peak periods (summer and winter). (E) Enforcement policy. (1) If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission reviewed by the Town Council for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. (2) If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given 30 days to cure the violation. Failure 572 Town of Vail Page 10 to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. (3) Nothing above in subsections (E)(1) and (E)(2) shall preclude the enforcement of parking infractions as municipal code violations. LOCATION OF BUSINESS ACTIVITY. (A) Limitation; exception. All conditional uses in § 12-6I-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. (B) Outdoor display areas. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. OTHER DEVELOPMENT STANDARDS; PRESCRIBED BY PLANNING AND ENVIRONMENTAL COMMISSION. In the H District, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the Planning and Environmental Commission, and as adopted on the approved development plan: (A) Lot area and site dimensions; (B) Building height; and (C) Density control (including gross residential floor area). DEVELOPMENT PLAN REQUIRED. (A) Compatibility with intent. To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District will meet the intent of the zone district, an approved development plan shall be required. (B) Plan process and procedures. The proposed development plan shall be in accordance with § 12-6I-12 of this article and shall be submitted by the developer to the Administrator, who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting. 573 Town of Vail Page 11 (C) Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title. (D) Plan as guide. The approved development plan shall be used as the principal guide for all development within the Housing District. (E) Amendment process. Amendments to the approved development plan will be considered in accordance with the provisions of § 12-9A-10 of this title. (F) Design Review Board approval required. The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 11 of this title prior to the commencement of site preparation. DEVELOPMENT PLAN CONTENTS. The Administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION. The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: (A) Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood; (B) Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole; 574 Town of Vail Page 12 (C) Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas; (D) A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development; (E) Environmental impacts resulting from the proposal have been identified in the project’s environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan; and (F) Compliance with the Vail Comprehensive Plan and other applicable plans. ARTICLE 6J: HOUSING -2 (H-2) DISTRICT PURPOSE. The town’s economy is largely tourist based and the health of this economy is premised on exemplary service for Vail’s guests. Vail’s ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community’s work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to allow flexibility with development standards to achieve the purposes prescribed in § 12-1-2 of this title, provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The Housing District is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. The Housing-2 (H-2) District is intended 575 Town of Vail Page 13 to be apply to properties located in areas developed with low density residential uses where it may be more appropriate to have lower residential building forms. PERMITTED USES. The following uses shall be permitted in the H-2 District: (A) Bicycle and pedestrian paths; (B) Communications antennas and appurtenant equipment; (C) Employee housing units, as further regulated by Chapter 13 of this title; (D) Passive outdoor recreation areas, and open space; (E) Public buildings, grounds and facilities; (F) Public parks and recreational facilities; and (G) Public utilities installations including transmission lines and appurtenant equipment. CONDITIONAL USES. The following conditional uses shall be permitted in the H-2 District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: (A) Commercial uses which are secondary and incidental (as determined by the Planning and Environmental Commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: (1) Automated teller machines (ATMs) exterior to a building; (2) Banks and financial institutions; (3) Business offices and professional offices, as further regulated by § 12-16- 7 of this title; (4) Eating and drinking establishments; 576 Town of Vail Page 14 (5) Funiculars and other similar conveyances; (6) Health clubs; (7) Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops and similar services; and (8) Retail stores and establishments. (D) Public and private schools; ACCESSORY USES. The following accessory uses shall be permitted in the H-2 District: (A) Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title; (B) Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: (1) Dwelling units are created solely for the purpose of subsidizing employee housing on the property; (2) Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property; (3) Dwelling units are only created in conjunction with employee housing; and (4) Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. (C) Child daycare facilities; (D) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; and (E) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 577 Town of Vail Page 15 SETBACKS. In the H-2 District, minimum front setbacks shall be 20 feet, minimum side setbacks shall be 15 feet and minimum rear setbacks shall be 15 feet. SITE COVERAGE. Site coverage shall not exceed 55% of the total site area. If 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, site coverage may be increased to 75%. LANDSCAPING AND SITE DEVELOPMENT. At least 25% of the total site area shall be landscaped. LOT AREA AND SITE DIMENSIONS. The minimum lot or site area shall be 10,000 square feet of total site area. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed 35 feet. For a sloping roof, the height of buildings shall not exceed 43 feet. DENSITY (DWELLING UNITS PER ACRE). No limitation on the number of dwelling units per acre permitted. GROSS RESIDENTIAL FLOOR AREA (GRFA). No limitation on the amount of gross residential floor area. PARKING AND MOBILITY. Parking for dwelling units within the H-2 District shall be provided at a rate of 1.05 parking space per dwelling unit or employee housing unit which represents all parking, including visitor parking. Applications for development approval must include details of the following information: number and layout of parking spaces being provided onsite; details of any offsite parking being provided; 578 Town of Vail Page 16 details of bicycle parking provided onsite; and provisions for guest parking and assigned parking spaces. Mobility for residences providing less than the prescribed number of parking spaces shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. (A) Mobility Management Plan. A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: (1) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (2) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (3) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (4) Existence of any bike or vehicle share/shuttle program; (5) Provide covered/protected/secured bike parking/storage; (6) Provisions for guest parking/ management; (7) Seasonal variations in parking management plan; and (8) Provisions for off-site vehicle storage which may be located at any distance from the site that they serve and thus exempt from § 12-10-6 Parking; Offsite and Joint Facilities. (B) Review criteria. A Mobility Management Plan shall be reviewed based on the following criteria: (1) Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit: (a) Hierarchy of bus routes (aka regional vs local); (b) Proximity to job centers; and (c) Proximity to commercial area. 579 Town of Vail Page 17 (2) Adequate off-street parking is demonstrated in consideration of other provided mobility options including vehicle share/shuttle programs; and (3) Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in § 12-10, Off-Street Parking and Loading, when considering appropriate minimum off-street parking. (C) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained. (1) At no times shall personal vehicles be parked in areas designated for fire service or within a dedicated emergency access easement. (2) At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the town. (3) A no times shall personal vehicles be parked in the ROW. (4) At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. (5) At no times shall parking extend into required drive aisles. (6) A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. (7) Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. (D) Reporting requirement. (1) For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued certificate of occupancy. (2) The report shall include the following: (a) Occupancy; 1. Occupied units; and 2. Number of residents per unit. (b) Usage of mobility services; 580 Town of Vail Page 18 (c) Results of survey of residents concerning parking; (d) Reports code enforcement/ fire/parking complaints; and (e) Parking utilization study during peak periods (summer and winter). (E) Enforcement policy. (1) If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission reviewed by the Town Council for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. (2) If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given 30 days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. (3) Nothing above in subsections (E)(1) and (E)(2) shall preclude the enforcement of parking infractions as municipal code violations. LOCATION OF BUSINESS ACTIVITY. (A) Limitation; exception. All conditional uses in § 12-6I-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. (B) Outdoor display areas. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 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 581 Town of Vail Page 19 make the final decision. 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. 582 Town of Vail Page 20 B. Specific: These regulations are intended to achieve the following more specific purposes: 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. 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 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 583 Town of Vail Page 21 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. 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 584 Town of Vail Page 22 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 2020 STRATEGIC ACTION PLAN Land Use and Development Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect planning document updates, including the Sign Regulations, Zoning Regulations and Development Standards Handbook. Goal #3: Ensure fairness and consistency in the development review process. Actions/Strategies • Provide transparency of the review process by improving communications. • Embrace policies and practices that ensure honest governmental interaction. • Define ways in which to improve communication with the public. • Review and improve policies regarding notification of design review applications. • Provide adequate training for members of the town’s boards, commissions and committees regarding goals and purposes for regulation. • Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. 585 Town of Vail Page 23 • Address the zoning regulations to provide more incentives for developers to build employee housing units. Town Council Priorities #4: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development Standards, and other pertinent land use policy language including the Town of Vail Comprehensive Plan. Bring forward recommendations for amendments to help foster the creation of affordable housing and improved efficiency of the development review process. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed amendment provides defined standards for the Housing district where currently those standards are not set. Having these set standards will give more surety as to the form of future developments within this district. The new standards are set to provide adequate light and air between developments and have incorporated the proposals and developments that have been approved in this district in the past. Staff finds that this criterion is met. 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 The policies this proposal would be forwarding are listed above in section lV. Another policy to note is from Resolution No. 30, Series of 2018: “#3 Private Sector Importance – We foster a proactive and solutions-oriented environment that promotes private sector investments to create deed-restricted homes. #5 Breakdown Barriers – We align our land use regulations, building and energy conservation codes to achieve our vision and housing goal, and development applications are thoroughly, timely and efficiently reviewed . . . “ The VLHA’s research has determined that providing a defined set of standards is a good way to encourage more private sector development of housing. This proposal aims to take those standards that are currently determined by the PEC and make them set standards in the code. Currently each housing development proposes standards for building height, lot area, and density with no surety that the proposal will be acceptable to 586 Town of Vail Page 24 the Commission. With this change there will be standards that projects can base their designs upon knowing what is required in the Town Code. This proposal is also in line with the Strategic 2020 plan’s goal to “Develop a streamlined design review process and include in regulation updates.” By setting these standards and removing the need for a development plan, applications can proceed directly to the Design Review Board and not require the added time for additional meetings. Staff finds that this criterion is met. 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 The text amendment is proposed based on recognition that the current configuration of the Housing Zone District has not produced the desired results regarding private development in the district. The previous intent behind leaving certain standards to the PEC was to allow a greater flexibility in the district to encourage different types of development and proposals. The result has been that the code is too ambiguous for developers who might not take the risk on projects when there is a lack of guidelines on what can or cannot be approved. This proposal also considers the result of the current developments that have been approved under this district and has set the regulations to be similar to those projects. The Town has seen several large developments under these open standards and is able to incorporate that information into the crafting of these regulations. Staff finds that this criterion is met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and This text amendment is proposed to be similar to other low to high density residential zone districts where standards are set to be followed and reviewed at the Design Review Board level. The Housing District as it is set today is unique in the fact that it is so flexible. The standards proposed with this application are done so to provide a harmonious, convenient, and workable relationship among land uses in town. They will provide a clear basis for what can be built on Housing sites moving forward. Staff finds that this criterion is met. 587 Town of Vail Page 25 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments VIII. 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 VII 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 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 12-6I Housing (H) District, to change the development review process and standards. (PEC23-0023)” 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 September 25, 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." VIII. ATTACHMENTS 588 Town of Vail Page 26 A. Proposed Code Language 9-15-23 589 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 25, 2023 SUBJECT: A request for the review of a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend 14-6-7 Retaining Walls, to exempt retaining walls within the Housing Zone District from maximum height limitations. (PEC23-0025) Applicant: Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group, is proposing to amend Section 14-6-7 Retaining Walls. This update was recommended by the Vail Local Housing Authority and is intended to allow the flexibility in the height of retaining walls in the Housing Zone District. II. DESCRIPTION OF REQUEST The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group, is requesting that the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for amendments to Section 14-6-7 Retaining Walls, to exempt retaining walls within the Housing Zone District from maximum height limitations. III. BACKGROUND Title 14 was created with Ordinance 22, Series of 1999. That ordinance repealed Chapter 12-14 Supplemental Regulations of Town Code and created Title 14 Development Standards which included Section 14-6-7. It was later amended with Ordinance No. 29 590 Town of Vail Page 2 Series of 2005. In that ordinance (attached in part), there was originally a table that laid out standards for the height of retaining walls based on a variety of factors as well as which entity was responsible for approving the various aspects of the design. The 2005 amendment removed the chart and put in the language that is in place today. This language allows for a maximum of six feet in height, with the further limitation of only three feet of height if the wall is in the front setback. The height restrictions have largely remained unchanged since this 2005 amendment. In 2006, there was another amendment to this section that required engineer stamped plans in specific situations. This section was last amended in 2019 to clarify that walls in the front setback on steep lots were allowed for the development of the structure and not only for access to the site. The current proposal was initially contemplated to exempt retaining walls in the Housing zone district from the maximum height limitations and allow the DRB to decide when it would be appropriate for a landscaped bench to be added to the design. At the September 11, 2023, meeting that discussed changes to the Housing zone district, the PEC commented that set standards should be in place and if variations are needed, a variance application was to be reviewed by the PEC. Anticipating similar comments on this application, it was determined an increased height maximum would be a more appropriate proposal than no maximum at all. Below is the proposed language that would allow retaining walls to have a single face extend up to fifteen (15) feet in height in the Housing Zone District. IV. PROPOSED TEXT AMENDMENT LANGUAGE Please see Attachment A for the proposed language for Section 12-6I, Vail Town Code. The bold lettering represents added language, and the red strikethrough represents removed language. Proposed language: § 14-6-7 RETAINING WALLS. (A) General. (1) All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet, except in the Housing Zone District where retaining walls shall not exceed an exposed face height of fifteen feet. Within a front setback, retaining walls shall not exceed an exposed face height of three feet, unless related to access to or development of a structure on excessive slopes (in excess of 30%). Retaining walls associated with a street located within a public right-of-way, or access to an underground covered parking structure are exempt from these height limits but must be approved by the Design Review Board and shall meet the standards prescribed in § 14-10-3 of this code. To avoid excessive vertical expanses of retaining walls, the Design Review Board may require landscaping in front of walls and landscape benches between walls to provide visual relief in areas highly visible to the public. 591 Town of Vail Page 3 (2) Retaining walls shall be located a minimum of two feet from adjacent private property boundaries and should be ten feet from the edge of a public street unless otherwise approved by the Town Engineer. (3) All retaining walls over four feet in height, measured from the bottom of a footing to the top of wall as per the adopted Building Code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right-of-way, where retaining walls over three feet in height, measured in the same manner, shall require a PE stamp. (4) All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. (B) Boulder retaining walls. Boulder retaining walls shall comply with all the standards of subsection (A) of this section. The height listed for retaining walls is the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1:1), a PE stamp is required. (C) Combination retaining walls. A retaining wall should be considered a combination wall if the upper wall falls within a prism defined as starting one foot behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four feet. All combination retaining walls shall have a PE stamp. 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. 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: 592 Town of Vail Page 4 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: 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. 593 Town of Vail Page 5 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. Town Code 14-10-9 FENCES, HEDGES, WALLS AND SCREENING. (A) Placement. The placement of walls and fences shall respect existing landforms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equipment and the like. (B) Design. Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks or textured, color tinted concrete. No chain-link fences shall be allowed except as temporary construction fences or as required for recreational facilities. (C) Setbacks observed. All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the Design Review Board if it determines that their location is not detrimental environmentally and/or aesthetically. (D) Sight triangle. To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over three feet in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of 30 feet along each lot line. (E) Height limitations. Fences, hedges, walls and landscaping screens shall not exceed three feet in height within any required front setback area and shall not exceed six feet in height in any other portion of the site, provided that higher 594 Town of Vail Page 6 fences, hedges, walls or landscaping screens may be authorized by the Administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. 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 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 Land Use Plan Goals 5. Residential 595 Town of Vail Page 7 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VAIL HOUSING 2027 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. 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 wellbeing. 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 2020 STRATEGIC ACTION PLAN 596 Town of Vail Page 8 Land Use and Development Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect planning document updates, including the Sign Regulations, Zoning Regulations and Development Standards Handbook. Actions/Strategies • Provide transparency of the review process by improving communications. • Embrace policies and practices that ensure honest governmental interaction. • Define ways in which to improve communication with the public. • Review and improve policies regarding notification of design review applications. • Provide adequate training for members of the town’s boards, commissions and committees regarding goals and purposes for regulation. • Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Town Council Priorities #4: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development Standards, and other pertinent land use policy language including the Town of Vail Comprehensive Plan. Bring forward recommendations for amendments to help foster the creation of affordable housing and improved efficiency of the development review process. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Extending the maximum height to fifteen feet in the Housing zone district will allow for fewer retaining walls in areas with a large grade differential across the site. This proposal for retaining walls within the Housing zone district recognizes that current and potential future lots that are or would be zoned housing are in areas where slope is a significant 597 Town of Vail Page 9 factor in possible development. When looking at the specific purposes of the zoning regulations, the proposal is directly related to purpose number nine: “(9) To conserve and protect wildlife, streams, woods, hillsides and other desirable natural features;” With a larger retaining wall height, there will be less stepping up hillsides to catch the grade of the site. This may reduce site disturbance and contain development to a smaller footprint on individual lots. Allowing the site to contain development and reduce disturbance has a cascading effect on developments that assists with the other specific purposes and the general purpose of zoning. Staff finds that this criterion is met. 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 As previously mentioned, most current and future sites contemplated for housing are in areas with significant slope. Having the ability to have walls extend beyond six feet to fifteen feet will reduce sitework and allow for a more streamlined approach to site planning. This will further the housing goals noted above in this memo. One action/strategy from the 20/20 Plan is to create incentives for developers to build employee housing units. By allowing taller retaining walls, site planning may be simplified, reduce development costs, and encourage the development of more housing. The proposed language does allow for the Design Review Board to require additional benching and landscaping as seen fit. This is added language to expressly note the Design Review Board’s authority to require benching as a design element under their purview. Staff finds that this criterion is met. 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 Since the current language was added, the town has continued to develop, and housing local workforce has risen to a top concern for community members as noted in the Vail 20/20 plan. Additionally, during this time, it has become evident that the remaining available areas of town that may be suitable for development of employee housing lies mainly on sites with challenging slopes. With these factors in place, it is evident that to 598 Town of Vail Page 10 utilize the remaining sites to their fullest potential while reducing the overall disturbance to the greatest extent possible, these sites should be permitted to have retaining walls built higher than the six feet required today. As noted in the background section, there was previously a table of retaining wall height maximums that were all at or below six feet. It was then simplified to allow heights at six feet in most cases. The next amendment to the retaining wall heights was to allow developments in the front setback to go up to six feet if they are located on steep slopes. This was in recognition of the difficulty of developing in these areas. This current proposal shows that as the town continues to develop the remaining available sites, there are continuously difficult conditions and there is a need for more permissive wall heights to achieve the most developability. Staff finds that this criterion is met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Extending the maximum retaining wall height in this district would be a harmonious and workable relationship with the land use regulations. As noted in the sections of master plans above, reducing barriers to development of employee housing is a main goal of the Town. As noted in the background section, the revised proposal to keep a maximum height is in recognition that consistency of regulation through town would be most compatible with the regulations as they stand today. Staff finds this criterion is met. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval, with a condition, for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, 599 Town of Vail Page 11 with a condition, to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-6I Housing (H) District, to change the development review process and standards. (PEC23-0023)” 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 pass the following condition: 1. The applicant shall include verbiage to amend Section 14-10-9(E) to reflect the increase in allowable retaining wall height in the Housing zone district in the ordinance for Town Council approval. 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 September 25, 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." VIII. ATTACHMENTS A. Proposed Amendment Related to Retaining Walls - 9-25-23 600 Planning and Environmental commission 1 Planning and Environmental Commission Minutes Monday, September 25, 2023 1:00 PM Vail Town Council Chambers Present: John Rediker Reid Phillips Brad Hagedorn Robyn Smith Bill Jensen Absent: Henry Pratt Bobby Lipnick 1. Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2. Call to Order 3. Main Agenda 3.1 A request for a recommendation to the Vail Town Council for a review of a Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, from Medium Density Residential to Transition Area (PEC23-0022) Planner: Jonathan Spence Applicant Name: Town of Vail PEC23-0022 Staff Memo 9-25-23.pdf Attachment_A._Vicinity_Map_2_.pdf Planner Spence presents the history of the property, including zoning and land use. He shows the proposed land use vs existing map, medium density residential vs transition definition, and describes why the town is the applicant as opposed to the owner. Rediker asks why it is initiated by staff and the Town. Spence states that it is an error on behalf of the Town and that the land use map is inaccurate. This site has always had commercial activity, and discrepancies should not be placed on the owner of the property to correct. Planner Roy states that this property is a pedestrian connection between Vail Village and Lionshead. Transition area and current uses and medium density residential doesn’t encourage pedestrian activity. On nodes, transition zone should continue. Fire station is MDR, and the Town might change at a later date as well as the use will not change. Spence shows criteria for land use change. Hagedorn asks about land use plan vs zoning designation – what is the technical difference? 601 Planning and Environmental commission 2 Spence states that land use is all-encompassing and broader. Within a land use, there might be different zoning; a hierarchical approach. Zoning is more specific. Both maps are done on a parcel- based level. Hagedorn states that in order to have a higher level land use, we had to make things jive with zoning changes. Spence reiterates that this action is necessary to correct the map. The land use designation has been incorrect since the designation was made . TOV should amend the map to make it more appropriate. Due to longevity of use, this is important to change. Hagedorn states that this makes sense. You could have CC-1 with MDR zoning and that wouldn’t make sense. Rediker asks to look at the land use map. Spence shows zoning map along Meadow Drive, showing transitional zones. Rediker asks what zoning (land use) is the Vail Interfaith Chapel? Spence states that it is public / semi-public. Spence states that the Mayor’s park is Transitional. Rediker asks why we aren’t looking at land use for fire station now? Roy states that it is better to bring it in individually. Since we are bringing in zoning, etc, it makes sense to address this property now. Jensen says he understands the process and the history of the lot and its use. The owner’s initiation brought this to staff’s attention. If owner hadn’t applied for this, then would planning commission be talking about this? Spence states that this is accurate. Rediker asks if there are any other questions for staff. Rediker asks what is practical impact if we deny? Spence responds that this would be a factor in the rezone to CC-1. Would not reflect the land use of the property. Certainly not the only element, but staff looks at conformance to land use plan as a factor. Rediker asks if a denial would impact current operations on the property? Spence responds no. Either application is a recommendation to Town Council. There would be no impact to current operations. Rediker asks if it would impact owners’ ability to redevelop? Spence states that redevelopment would have to conform to property zoning in place at that time. Hagedorn states that he only sees 6 parcels as Transition. This is a very under-utilized land use area. Why? Spence states that the land use plan is in need of updating. Four Seasons and the Hospital re-did their land use due to development. We should look at how land use plan has evolved over time. What is appropriate for this area? 602 Planning and Environmental commission 3 Rediker asks for public comment Brian – Villa Cortina counsel – will public comment be available for the other issues today? Rediker responds yes Public comment is closed. Rediker asks for commissioners’ comments. Jensen states that he is in support correcting this land use designation and has no other comments. Hagedorn adds that clearly the current land use is not conforming. Don’t like using a disappearing land use, but if staff sees this as best, then he supports. Phillips agrees with Hagedorn and Jenson; trying to move towards a more applicable zoning. Smith is in support of the change in land use. MDR is not what we are looking for at this corner of the street. I support this. Rediker agrees with others’ comments. He also agrees with staff analysis on p 5-7. Rediker asks for any further questions? Proposed motion found on page 7. Brad Hagedorn made a motion to Approve ; Robyn Smith seconded the motion Passed (5 - 0). 3.2 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, from the Public Accommodation (PA) District to the Commercial Core 1 (CC1) District, and setting forth details in regard thereto. (PEC23-0018) Planner: Jonathan Spence Applicant Name: First Bank, represented by East West Partners PEC23-0018 Staff Memorandum 9-25-23.pdf Attachment A. Vicinity Map.pdf Attachment B. FirstBank Zoning Application.pdf Attachment C. Public Comment 9-20-23 (1).pdf Rediker asks Planner Spence if he would prefer these next two items be discussed together. Spence agrees and Rediker then introduces the remaining two First Bank items at once. Spence gives a presentation. History of use, PA allowable uses – lodge or EHU only. This type of zoning does not allow what is currently on the property. Today we are taking a non-conforming use (bank and multi-family) and trying to legalize these uses by matching to zoning types. CC-1 zoning is best fit. Bank is a conditional use and multi-family is a permitted use. Spence then hands it over to the applicant. Rediker first asks if there are any questions for staff? 603 Planning and Environmental commission 4 None. Jim Telling (EW Partners), Nick Brigman (1st Bank): Jim describes how they got to this point. EW and FB started discussing redevelopment a few years ago with feasibility study. They have shared this plan/study with the immediate neighbors and then met with town staff and discovered that they needed to go through the zoning change. Agreed with staff that it was mutually beneficial to go for CC-1 as it fits the types of uses proposed. Nick states that EW and FB are aligned to retain the bank at this location. They don’t need the size the bank is now, but it is a flagship location so the location will remain open. Rediker asks for any commissioner questions? Rediker asks Spence about how did we get the building that exists on the lot today? How was it approved? Setbacks, building height, landscaping? Spence states that the building has been through multiple planning and zoning reviews through the years. Original 1973 was bank and dwelling units. It had a front setback variance at that time. Staff is aware that in 1993 variance was approved for the landscaping, which widened the parking aisle and put the landscaping into right of way. It is unclear from TOV records for other variances for setbacks. Majority of setback encroachments occurred in 1972 or 1978 when conference room was developed. Heights were never an issue, as they conform to all districts throughout the history of the site. Rediker asks if the property currently has a CUP to allow for a bank to operate in a PA district? Spence states that originally, it was classified as a business office. In 1973, bank/financial institution became a separate use, rather than a business office use. 1978, when bank expanded, a bank was not a conditional use under PA, but town allowed it as a continuous use of a business office. Bank is not considered a conditional or permitted use in PA. Rediker asks who are all the current users of the building. Nick states that there are short term rentals (3), with 4 dwelling units total, and bank. Rediker asks if short term rentals are guests? And Vail Realty runs the short term rentals? Nick, yes. Rediker states that a change in zoning is significant. What are the future plans for the building / property? Jim states that he can share what we have shared with our neighbors and shows site plan / floor plan. Currently, there is no EHU on property and no requirement, but the bank would like to do as sign of good faith to community. The building is pushed closer to West Meadow Drive than what is currently there. There will be a one way drive on west side of building and short term parking on west side as well. The underground parking structure is for bank employees and residential units. There are 4 residential units proposed, and they are bigger than what is there now. The bank will be smaller. 13 parking spaces for bank, 2 each for the residential units, and 2 spaces for EHU. He then shows the conceptual plans for residential units. They are proposed to be 3000-3500 sf in total each on 2 levels. He then shows concept rendering, respecting the design that currently exists in the neighborhood. He states that he has showed this as a courtesy to the immediate neighbors and the commission will hear from them today with comments. 604 Planning and Environmental commission 5 Hagedorn asks how did we arrive at CC-1 as best zone district? We have some CSC, etc. in this area, particularly around the Gateway building. Jim states that it is a zone district that accommodates both uses, residential and bank components of the project. Spence adds that this parcel is included in the Urban Design Guide plan area. The Gateway project is not. There is a natural connection with CC-1 and the Urban Design Guide plan. The question is not what the perfect zoning is, but what is most appropriate. Rediker asks if the Urban Design Guidelines dictate building height and what is that height? Spence responds yes and that height is based on a percentage/ratio. Smith cites the Guide and states that 60% of building can be 33’ in height and 40% of the building can be 43’ in height. Rediker asks if this is correct. Roy responds yes, as this makes the CC- 1 more prescriptive in terms of design, adding more variation in height. It has a product in mind, and it fits more with the start of the Village than the Commercial Service Center. Phillips asks are bank services the only commercial uses proposed? Can we look at the plan again? In CC-1, there are no setbacks required. Jim states that it is important to neighbors and community with regards to setback and we will work through that. Yes, only the bank at the bank’s request. No other commercial uses are proposed. Rediker asks if we change to CC-1, would the property be able to be developed up to the property line in all directions? Spence responds yes and no. The Urban Design Guide plan talks about movement in buildings and not going out to all property lines. There are site coverage max and landscape retention requirements exist. Rediker asks if up to one property line but not all, right? What is the landscaping requirements in CC-1? Spence states that it is a no net loss situation. 5,000 and change of existing landscaping moving forward. Rediker asks if that is a hard and fast rule under the code? Spence responds yes. Rediker asks if current landscaping cannot be diminished if goes from PA to CC-1? What about site coverage? Spence responds that it does change so it would require a variance. Allowable is 80% in CC-1 up from 65% in PA. Rediker asks if there an ability to achieve 80% if you have that landscaping requirement? Spence responds probably not. Hagedorn asks if staff has any issue with no setback requirements on this parcel along the main drag here? This would be the only parcel with zero setbacks by right (without a variance) Roy has no concern. It is a connection between the two villages. Having the building on the corner is more preferable. Stepping on site is helpful. More street presence, along that node of Meadow and Vail Road. DRB process and the landscaping on site will help. 605 Planning and Environmental commission 6 Phillips asks about the site layout / property lines - is there a current easement in place for Villa Cortina – access? Jim states that yes, there is a pedestrian easement in place and the proposed development will not remove it. Phillips states that the driveway on west just looks a little tight. Roy explains the driveway at Villa Cortina and the property lines. Rediker asks how much of the current roof is at 36’? Jim states that they took it off of Google earth and it is estimated. We cannot locate any existing building plans that references that. Spence states that a good portion falls below this number. Jensen asks about the 4 proposed dwelling units. What is current size and what would new ones be? Jim states that they will be a lot smaller than what currently exists which is about 1250 sf each. Makes sense to have bigger units moving forward since bank is getting smaller. 3000 sf (4 bedroom) would be proposed. Jensen asks about access and egress. Access is from Vail Road and parking is behind. Jim states that they wanted to move the bank closer to W Meadow Drive. Jensen wonders about access for people to park, as it is a bit of a walk to get to the entrance to the bank. Jim states that yes, it would be a bit of a walk, but, 60% of customers currently walk to the bank. Nick adds that customers enter lot on Vail Road and exit on Meadow. Mostly used by non-bank users, hoping to alleviate this problem. Jensen adds that the West Vail branch was convenient for parking for locals. Just thinking about ease of accessibility. Smith states that in CC-1, 12-7b-17 no parking shall be provided on site. How do we have parking on site? Spence states that we don’t have a good answer for that, and he needs to check on that for absolute rule. Most CC-1 is in strongest pedestrian area of town. Might not be a perfect fit. Smith also cites 12-10-6 off-site parking. Are those arrangements need to be re-approved by council? Spence states that redevelopment will look at scope of current agreements and it is not council level decision. It is transferrable as far as zoning is concerned. Smith asks about loading requirements. Would it require a loading berth? Spence states that he is not positive on the size and use requirements. We now have a consolidated delivery program in the Village, and we are most likely not requiring a loading dock. Roy states that a loading dock would not be required because bank is proposed to be under 10,000 sf. Smith asks if this proposed plan require an immediate variance (under CC-1)? Parking? 606 Planning and Environmental commission 7 Spence responds yes, as this would recognize uniqueness of this parcel vs others in CC-1 which are very pedestrian oriented. Spence adds that this is challenging for applicant and staff, and we are trying to find best fit. Do not have the ability to use SDD process to affect use. Respect the long-held uses of the site. Find the best fit, even if not the perfect fit. Smith asks if there is any special zoning to fix this problem? We are going to have to make this work, right? Spence states this is not appropriate due to other concerns. Spence circles back to explain the issues at hand. Rediker cites page 10 of memo. Criteria #4, can you go over staff’s analysis regarding spot zoning. Spence explains that spot zoning is when it is inconsistent with plan and gives special rights. Staff feels we are not granting special privilege. Rediker asks if there are any other questions? On to public comment. Michelle Taylor, BOD Villa Cortina provides visual from front of Villa Cortina looking east, particular attention paid to the trees along the property line. Villa Cortina is zoned HDMF, 23 units, 10 face First Bank. All windows in these units face east. They are supportive to redevelop property and feel this proposed development appreciates the alpine feeling of Vail. Concerns: need more clarity regarding the first floor plan and the concept of how it will affect VC. CC- 1 allows for more lenient development standards. There is a jump in coverage / density, affecting pedestrian ability to walk around. What we like is the design, alpine, European feel. Bank is a good long-standing use. Height – 33’ for 2/3 of building, 43’ for 1/3 is ok, but we are concerned about the proposed 46’ height shown on the current proposal. We are concerned about the 0’ setbacks. An arborist concluded that the trees are at risk for failure if the property is developed as proposed. These are 50 year old trees. Site coverage concern on air, sunshine and views; It is the 1st intersection that tourists see, and this limits the pedestrian flow in that area. We are concerned about existing landscaping and the loss of trees. This is a net negative for VC as proposed; we want reasonable site coverage, setbacks to support rezoning request. Hope is that there is not a further variance request to go about height limits. We would like to see density and height poles to see impact. Thanks for your attention from the BOD of VC. Marian Boyd representing 9 Vail Road; she is on building committee. Surprised by this meeting, was not aware or received any information prior. Has concerns about setbacks and the impact on pedestrian walkway and landscaping. No more public comment. Commissioner comments: Jensen supports the updating of the building, and is worried about the 80% coverage piece, setbacks, and landscaping. He supports the two agenda items. Smith is in overall support to the rezoning to CC-1, as it will provide best fit for the area, considering the staggering height allowances. Majority of massing and scale would be on Vail Road, similar to Sonnenalp across the street. On-site parking is an issue with CC-1 guidelines. If we look at CC-2, you would get setbacks, but height would be an issue. The proposal would have to go for variance for parking. It is a non-conforming property with a non-conforming use. We are doing the best we can. Phillips generally approves of redevelopment, saying that it is long overdue. Sees some conditions within CC-1 that will protect neighbors, like the no net loss of landscaping. We must do everything we 607 Planning and Environmental commission 8 can to protect the trees. Parking issues – parking is critical for bank, chapel, etc. Progress is happening; understanding neighbors’ concerns is critical. We can’t spot zone. In favor moving forward but hold them to the standards. Don’t advance anything that will be problematic down the road. Hagedorn states that there is a tradeoff for change of zoning. Site coverage to 80% does not seem achievable if hold ourselves to no net loss of landscaping. He is in favor of changing to CC-1, sees difficulties of an oval peg in a round hole; CC-2 is problematic for height. There is no perfect option. CC-1 is best. Redevelopment is important. Rediker states that this is a difficult application for him. The bank is a good neighbor, big part of community. Plan is drafted with idea that it is PA, not CC-1. It is telling that the applicant approached neighbors 1st; reflective of the fact that the applicant wants to work with community. My concern is applicant will not own the property forever. What happens if building is sold? No setbacks just doesn’t seem to fit. This lot needs setbacks on all 4 sides. 80% site coverage is not appropriate for this lot. Needs adequate landscape buffers. A later applicant might see a larger building and coverage, which is allowed under CC-1. No net loss is the check for site coverage increasing – won’t go to 80% but someone down the road could go for variance. Some neighbors have expressed concern, I wish there was something else to go on besides CC-1. Jensen adds that Rediker’s comments really summed up concerns of commissioners. Can we hear from Staff regarding this? Site coverage concerns – what can staff offer to help us visualize the future of property? Rediker asks if there a true solution or hoping for the best in regards to site coverage and setbacks? Roy states that with regards to site coverage, the no net loss is unique to this property that other CC-1 properties don’t have. He cites Lionshead site coverage with improvements that are being made below grade, in parking garages. The concept presented today cannot get to 80% site coverage, as far as what we will see above ground. Hagedorn adds that looking at CC-2, height is more permissible, still referencing design plan, coverage is reduced to 70%, parking is reduced on site. Why was this rejected by staff? Smith cites that CC -2 is 20% landscaping. So, it would reduce what is currently there. This seems to be risking landscaping in CC-2. Roy clarifies the meaning of no net loss of landscaping. It’s about maintaining the percentage. Rediker states that the current landscaping is 26.7%. Are we counting landscaping in setbacks? Roy answers yes. Jim adds there is no perfect solution. We are open to working with another solution that makes sense, we want to respect neighbors’ concerns and we want good landscaping for bldg. Phillips adds that if we didn’t already have 26.7% coverage, he would be concerned. The fact is that development will have to honor that number which is better than what you get in the CC-2 district and better than a clean slate lot in CC-1. I don’t think you can ever get close to that 80% coverage. My position hasn’t changed. We will hold you to the 26.7% landscaping, even if it changed hands in the future. That’s my confidence. Jim states that they would be selling to 4 individuals for the housing units, so it makes it harder to buy out and redevelop again. That may not give the commission 100% comfort. Rediker asks if a future group could seek a variance regarding no net loss? Roy responds yes. 608 Planning and Environmental commission 9 Rediker asks regarding setbacks, can we vote to approve CC-1 and then set conditions for approval? Spence states unfortunately no, as there is no condition zoning in CO. We would love to do that to tailor the approach, but it’s not possible. CC-2 is unique zone district; numbers might work but application does not. Hagedorn states that he just wanted to make sure we are exploring all options. Rediker thanks the commissioners. I want to be able to support this redevelopment for the applicants. Any other comments or thoughts? Smith – rezoning to a district for no parking. Business has a dependency on parking. If you don’t get a variance for parking in the future, will we be going through another rezoning? It sounds like this business has a dependency upon parking. Jim states that there is no perfect solution, and we need to find something that kind of works. We will seek variances for parking. Wish there was something that worked for everything. Hagedorn states that most PECs would be receptive to more parking, rather than less. Variance process would have opportunity for neighbors to come again for any issues. Rediker states a reminder of issues at hand; CUP and rezoning from PA to CC-1. CUP seems appropriate, considering historic uses at location. CUP application is appropriate given the historical uses. Are there any other comments before we vote? Reid Phillips made a motion to Approve ; Brad Hagedorn seconded the motion Passed (4 - 1). Voting For: Bill Jensen, Robyn Smith, Reid Phillips, Brad Hagedorn Voting Against: John Rediker 3.3 A request for the review of a conditional use permit, pursuant to Section 12-7B-3, Conditional Uses, Vail Town Code, to allow Banks and Financial Institutions on the First Floor or Street Level in the Commercial Core 1 (CC1) District, located at 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, and setting forth details in regard thereto. (PEC23-0019) Planner: Jonathan Spence Applicant Name: First Bank, represented by East West Partners PEC23-0019 Staff memorandum 9-25-23.pdf Attachment A. Vicinity Map.pdf Attachment B. Applicant Narrative.pdf Robyn Smith made a motion to Approve ; Brad Hagedorn seconded the motion Passed (5 - 0). 3.4 A request for review of a Minor Subdivision, pursuant to Section 13- 4, Minor Subdivisions, Vail Town Code, to create snow storage tract, located at 1783 North Frontage Road West/Lot 1, WB Vail Subdivision, and setting forth details in regard thereto. (PEC23-0024) Planner: Jonathan Spence Applicant Name: Vail Hospitality, represented by the Town of Vail PEC23-0024 Staff Memo Minor Subdivision.pdf Attachment A. Proposed Plat.pdf Attachment B. PEC23-0024 Applicant Narrative.pdf 609 Planning and Environmental commission 10 Rediker introduces Spence gives brief overview. Rediker asks if there are any questions. We want to highlight part of memo that clarifies we are not making any element non-conforming. Spence responds that all entitlements are completely valid. GRFA, landscaping, site coverage – all in conformance. Rediker asks if there is anything else for Jonathan. If not, we will move on to Tom Kassmel with the Town. Kassmel has no further comments. Rediker asks if the Town is currently pushing snow to this area? Kassmel responds yes. Public comment. Jami Merriman lives across street on back of property. Asks commission if they could drive by property at night as it is obscenely brightly lit, like staring at the sun. We would ask that you can see what we see. No other comments Reid Phillips made a motion to Approve ; Robyn Smith seconded the motion Passed (5 - 0). 3.5 A request for the review of a variance from Section 14-6-7 Retaining Walls, Vail Town Code, in accordance with the provisions of Section 12 -17-1, Variances, Vail Town Code, to allow for retaining walls in excess of six feet in height located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regards thereto. (PEC23-0012) Staff requests this item be tabled to the October 9th, 2023 meeting of the Planning and Environmental Commission Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Brad Hagedorn made a motion to Table to the planning and Environmental Commission meeting on October 9, 2023.; Robyn Smith seconded the motion Passed (5 - 0). 3.6 A request for the review of a Development Plan, pursuant to Section 12-6I-11, Development Plan Required, Vail Town Code, for a new housing development to be located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0014) Staff requests this item be tabled to the October 9th, 2023 meeting of the Planning and Environmental Commission 610 Planning and Environmental commission 11 Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Robyn Smith made a motion to Table to the Planning and Environmental Commission meeting on October 9, 2023.; Brad Hagedorn seconded the motion Passed (5 - 0). 3.7 A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to add a portion of the adjacent CDOT right-of-way to Lot 1, Timber Ridge Subdivision located at 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision, and setting forth details in regard thereto. (PEC23-0010) Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther and Triumph Development, represented by Mike Foster Staff Memo PEC23-0010.pdf Attachment A. Proposed Plat 9-5-23.pdf Attachment B. Applicant Narrative Amended.pdf Roy gives a brief presentation and states that staff recommends approval. Rediker asks if Roy can talk about the conditions? Roy clarifies conditions. Rediker states that before plat is recorded, the sale must be completed, right? Roy responds yes, then clarifies other conditions. Rediker asks if there are any questions for George or Greg Jensen states that he has no questions. No other questions. Public comment? None Smith states that staff did an excellent job articulating this item. Rediker agreed. Staff did an excellent job and all criteria are met. Robyn Smith made a motion to Approve ; Reid Phillips seconded the motion Passed (5 - 0). 3.8 A request for the review of a Prescribed Regulation Amendment pursuant to Section 12-3- 7 Amendment, Vail Town Code, to amend Section 12-6I Housing (H) District, to change the development review process and standards. (PEC23-0023) Planner: Greg Roy Applicant Name: Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello of Mauriello Planning Group PEC23-0023 Staff Memo .pdf Attachment A. Proposed Code Language.pdf Roy states that he has nothing further to show; applicant will present. Mauriello introduces self; recaps Sept 11th meeting. Clarifies that the applicant didn’t have 100% agreement with PEC. Did agree on some items – dwelling units and daycare as accessory uses, 611 Planning and Environmental commission 12 remove variations from DRB role and keep with PEC, create a reduced setback that is reasonable, and reduce site coverage. Phillips states that there was no consensus on setbacks. Mauriello states that the PEC also agreed on landscape standard, lot area and site dimensions, height, density, GRFA, parking ok but must improve mobility plan. He reiterated that what is proposed is consistent with what TC wants. Trying to remove regulatory uncertainty and make Housing zone district an attractive option for development. Proposing two zone districts for housing – H and H-2; differs in purpose statement and height. This is not unusual as we have CC-1 and CC-2 and two Lionshead zones, etc. Mauriello goes over improvements from last time, including adding language to the purpose statement. H- 2 has added language about lower density residential uses. Permitted uses updated; accessory uses of dwelling unit and daycare added to accessory uses. Also adjusted conditional uses. Mauriello states that Pratt proposed different setbacks at the previous meeting. Pratt proposed 15’ for side, 20’ in front and rear to be 15’; if an applicant wants a variance, it must go through PEC. No DRB for variation. Site coverage proposed not to exceed 55%; but, if 75% of required parking is enclosed, you can increase up to 75% site coverage. Enclosed does not mean it has to be underground. Rediker asks if it is not talking about increasing if parking is on 1st floor? Mauriello responds no, it just must be enclosed to increase site coverage. Mauriello adds that 25% of site area to be landscaped is now proposed. This was pretty unanimous at last meeting. Min lot size to be 10,000 sf and building height to be 70’ for flat, 85’ sloping in H; 35’ flat, 40’ sloped for H-2. This is new from last meeting. Specific standard and criteria at time of rezoning; still have ability for variance through PEC. There will be no limitations for density and GRFA. Regarding the mobility plan, there were concerns that staff had ability to approve. Now, it must meet minimum requirements or need to go to PEC to approve plan. Proposing 1.05 parking spaces per unit Hagedorn asks about rounding – up or down? Mauriello states that it gets rounded up. Mauriello addresses off-site parking as it is proposed to be any distance from property. PEC must approve. Mauriello reiterates that he is seeking recommendation to TC today. Rediker thanks Mauriello. He states that we are moving away from development plan and trying to set standards here. Why are development plans related to housing going away? Or will they be addressed in other ways? Why are we getting rid of assessing environmental impacts, etc. Are they just not appropriate? Mauriello states that the DRB deals with most of these standards. Environmental impact is not changing and is still intact and under PEC purview. Phillips questions that if staff is reviewing this, where are checks and balances with staff doing this on town projects. PEC is not doing the checks and balances, staff is. People are asking about the checks and balances on Town projects. This is why the PEC has existed. Mauriello states that yes, he is assured that the standards will be imbedded in the plan. When it goes to the DRB, staff does all of the checks and balances to make sure everything passes standards. If they come in for a variance, then the PEC reviews. 612 Planning and Environmental commission 13 Phillips states that the DRB is not involved in environmental review. Rest of compliance has never been in their scope. We need checks and balances. The PEC should vet these projects. We should create a more efficient guardrail but I’m not wholly in favor. I’m not suggesting any impropriety on town staff. Just don’t want to curtail the review process in the name of inefficiencies. Want to make sure we are careful and move towards efficiencies. Don’t want to gut the PEC and make sure what goes to DRB is fully vetted. Some stuff should be moved over, but not all. Let’s not take everything out and give things to DRB that they’ve never had to deal with before. Make sure we are very careful and move towards efficiencies but make sure things are fully vetted first. Mauriello adds that staff interprets code to determine if there is environmental impact. Phillips states that staff interpreting the code can be problematic. Rediker asks if the current language suggests that the environmental report must be generated and not at anyone’s discretion. Are there still situations that do not require this report or is it mandatory? Mauriello states that in most cases, it is required. Maybe in a town core redevelopment it may not be necessary, but can’t think of too many. Evergreen Lodge had to do one, though. Phillips adds that we are talking housing district and we all know the land; trying to make sure we don’t go down this path again. Not setting ourselves up like in East Vail. Roy adds that these land situations are pretty unique. We are looking at these sites on a case by case basis when they come in for rezoning. The environmental report can be required at the time of the zoning change. We are looking at setting standards rather than a situation where we don’t have standards. This helps with the process. Mauriello reviews 12-12-2 when a report is required. This will still be reviewed by the PEC, so we are not taking away that requirement. Phillips stresses that we don’t want us to get into a situation where we don’t have checks and balances in the process. Want to create a successful path to permitting. I agree to the parameters. Not looking to forward to an 85’ high bldg that is 15’ from property line. I agree that it was too vague before, but just want to make sure there are checks and balances. Discussion continues about when the environmental impact report is required. Phillips stresses the issue of checks and balances again and wants a clear path to permitting and successful developments but also not creating holes in the process. Rediker adds that in terms of development standards, all of this was written in 2005 by TC. Wanted to encourage large scale housing developments, but criteria were put in place so you had the commission to decide standards. Housing can have significant impact on the town including aesthetics. Why are we not concerned about this now? North side of highway seems appropriate but what if someone comes in for site in West Vail? Aren’t we concerned? Mauriello states that he thinks you’re making an assumption about what happened in 2005. Is there a difference between high density and regular housing and its impact? PEC and TC can decide if its H or H-2 if its appropriate for the area. Phillips asks is someone wants to come to H housing district, can PEC say that H-2 is more appropriate? Roy states that today vs 2005 encourages more flexibility to allow for variation for the standards. This creates more certainty for projects today. Mauriello suggests commission look at requirements that they are comfortable with. Rediker asks why are we moving dwelling units to accessory units? How is this evaluated by PEC? 613 Planning and Environmental commission 14 Mauriello points out that there is a typo – it should be evaluated by DRB. There is some debate on whether dwelling units are appropriate in the housing district at all. Smith states that Lions Ridge has a standard, 70% deed restricted, 30% free market. Is that working for us? Ruther states that it is working, but it wasn’t the desire at the time by TOV. It is permissible by Code, the reality is 90% is leased according to deed restricted standards. Smith asks if having a percentage that is free market is still incentivized. Ruther adds that if it wasn’t in the code, they would have had to find alternative financing to make it work. If you’re going to zone to H district then we must make it 100% deed restricted. I suggest we figure out financing than do the 30% free market. Hagedorn asks if that is more applicable to the H-2 housing district – would it be more effective in smaller scale redevelopments? Ruther says you might see it there. Financing is the challenge. I would suggest we figure out the financing than do the 30% free market. Mauriello reviews standards for accessory uses and dwelling units. Smith states that if we prefer to use every last bit of land for housing, we also want to incentivize development. I would prefer we didn’t have the 30% free market. But, want to ensure private developers are participating. We need to provide definitive standards. Ruther adds that just like setbacks are verified by staff, if you take discretionary criteria and make them prescriptive, then they can be applied by staff. Phillips adds that if it becomes a variance, does it still come to PEC? Ruther responds yes, all variances come to PEC. Smith adds that it is good to provide good clean standards Ruther asks if staff confirms the standard? Roy states yes, GRFA is reviewed by staff. Ruther adds that there was a time that 30% was enough of a financial incentive. Might need more than that now. Maybe 50%. Land used to be an incentive. It just doesn’t work anymore. Still run into a financial gap. Phillips states that he is ok with the 30%. Rediker asks if there are any other questions. Smith asks if setbacks in previous version would be taken from perimeter of surrounding zone districts. Why is this changed? Mauriello wants to bring it into the same context as other zone districts by measuring from the property line. We are just trying to bring it in line and make it consistent with other zone districts. Roy adds that if two housing lots were adjacent to each other, then we would make them have 15’ between. Smith clarifies this discussion. 614 Planning and Environmental commission 15 Mauriello could change language to say side setbacks except where adjoining other lots in the housing district. That interpretation is well documented today. Smith cites the parcel next to Chamonix. Do we need a 15’ setback between Chamonix and the steep lot next door? Or will that initiate a variance? Roy states that we could revert to current day standards for these cases. Phillips states that he would like to honor the 15’ side and 15’ rear setbacks. As a builder, seems more appropriate, easier to deal with than a development boundary. Easier to apply the standards and more clearly defined. Rediker states that he would like to see that. I believe the scale requires a 20’ setback. Smith asks if that is for both H and H-2? Rediker responds yes. 20’ is not a lot of space. It’s appropriate to have set setbacks given the scale of the buildings. Can you explain site coverage again? The thought is that you are taking pavement and adding housing. Hagedorn asks what is max height on Timber Ridge? Roy responds that it is proposed to be 85’ Rediker asks about Main Vail? Roy responds 71’. No further comments/questions Public comment? None. Commissioner comments: Jensen goes back to Phillips’ comments at beginning. Are we being too aggressive with making changes to this to allow projects to go without appropriate review. Don’t want to see PEC diminished through this. Making sure all of this isn’t getting pushed to DRB. I’m with the chairman - 20’ setbacks is better. 15’ is almost non-existent. Are we voting on this today or is it going back one more time? Phillips wants to make sure we are applying checks and balances along the way. We have distilled this down as far as we can, don’t want to remove the vetting of these plans. Want to be aware of what we are putting on the DRB’s plate. Ultimately this goes to TC, we are submitting a recommendation. There are points when we are removing guardrails in place of development. I like the introduction of H -2. Alternative with the massing in H district. I will support this motion, understanding there is a need for this. PEC plays an important role and we need to acknowledge that. Appreciates town staff by vetting info. Hagedorn talks about streamlining process. Not concerned about removal of power of PEC. There is always a major check point for parcels wanting to be a part of the H zone district, loves the H-2 district. Allows for more flexibility, especially for height where H height may not be appropriate. Thanks for putting DRB powers back to DRB and for PEC issues. Parking is an improvement. Smith states that she thinks that all concerns have been addressed. Not loosening standards but setting standards. Expectations are set for our community and external partners. Appreciates 615 Planning and Environmental commission 16 concerns regarding building heights – creation of H-2 district is great, especially with proximity to other residential neighborhoods. Regarding the purpose statement, the local workforce has inherent value, they are important part of who we are. They are symbiotic to guest experience. We are a community, not a commodity. Setbacks – well defined. 20’x15’x15’ setback is fine and more generous than commercial districts. Mobility plan speaks to car share. Asking for a needs assessment, be cautious interpreting the need for car share. Thinks this plan is great and look forward to supporting it. Rediker agrees with most comments but will not support it. He generally agrees that we need provisions but doesn’t agree with some standards. Streamlining processes is good. But, want to make record clear for TC – he doesn’t support site coverage provision – boosting for underground parking. Should be further debate at TC, as these are very large buildings and 75% may not be appropriate everywhere. It is not appropriate on every site. Setbacks should be 20’ on all sides. Reduced landscaping requirements not good. Building height of 85’ are not appropriate everywhere. It may be appropriate on the north side of the highway. H-2 does address some of these concerns. 85’ at H could work in certain areas, but not in all areas. H-1 building height is not appropriate everywhere. Parking requirements should be kept at current standards for now. Do not believe that our mobility / helping people is not exceptional, except for our bus system. Everyone moves here with a car. Electric vehicles on the rise, why can’t people have parking for those? A lot of great comments, great presentation, but wants town council to look at these issues. Jensen states that he is not ready to support this recommendation moving on. Robyn Smith made a motion to Approve ; Brad Hagedorn seconded the motion Passed (3 - 2). Voting For: Robyn Smith, Reid Phillips, Brad Hagedorn Voting Against: Bill Jensen, John Rediker 3.9 Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend 14-6- 7 Retaining Walls, to exempt retaining walls within the Housing Zone District from maximum height limitations (PEC23-0025) Planner: Greg Roy Applicant Name: Town of Vail, represented by Greg Roy PEC23-0025 Staff Memo.pdf Attachment A. Proposed Amendment Related to Retaining Walls - 9-25-23.pdf Planner Roy gives a presentation. Rediker asks how did we get to 15’? Roy states that we met in the middle between some options. It’s about aesthetics, the look of it. The 4’ bench is front to front 4’. Really not losing landscaping. Felt that 15’ was an acceptable amount. Phillips asks if it is 15’ without a bench? Roy responds yes Rediker clarifies that this is very oriented to where we are looking at to achieve housing. Town – initiated projects. But what about projects where this is not necessary? Is that a concern? Roy responds no. If you need a 15’ wall, its typically on steep sites. Developability, reducing footprint, rather than chasing the grade. 616 Planning and Environmental commission 17 Rediker asks if the wall has to be a retaining wall? Not anything considered aesthetics. Roy states that we don’t anticipate this being used outside of anything needed for development. Not for yards, parking, etc due to the cost of these walls. Smith asks if we still need variances for any existing projects? Roy states that Timber Ridge, existing, not changing, but new projects, yes. Can do 15’ a bench and then another 15’ without a variance. Hagedorn asks if DRB has discretion on how it is being softened? Roy responds yes. Mauriello asks what would height need to be for Timber Ridge currently? Phillips discusses constructability. Rediker clarifies that with 15’, no stepping is required. Can be a straight 15’? DRB can’t say otherwise. Roy states that the DRB can still request and require a benching. Could be tricky. Mauriello states that we are giving a lot of discretion to DRB in the past. Maybe want to require benching after the 15’ and make it more specific for the DRB. Phillips states that he feels comfortable with the DRB deciding this. Smith agrees Rediker asks if there are any further questions? None Brad Hagedorn made a motion to Approve ; Robyn Smith seconded the motion Passed (5 - 0). 617 Planning and Environmental commission 18 3.10 A request for a recommendation to the Vail Town Council, pursuant to Section 3- 2-6A: Function, Vail Town Code, concerning adoption of the Updated Ford Park Master Plan. (PEC23-0020) Staff requests this item be tabled to the October 9th, 2023 meeting of the Planning and Environmental Commission Planner: Jonathan Spence Applicant Name: Town of Vail, represented by Todd Oppenheimer Robyn Smith made a motion to Table to the Planning and Environmental Commission meeting on October 9, 2023.; Brad Hagedorn seconded the motion Passed (5 - 0). 4. Approval of Minutes 4.1 PEC Results 9-11-23 PEC Results 9-11-23.pdf Brad Hagedorn made a motion to Approve ; Robyn Smith seconded the motion Passed (4 - 0). 5. Information Update 6. Adjournment Robyn Smith made a motion to Adjourn ; Brad Hagedorn seconded the motion Passed (5 - 0). 618 AGENDA ITEM NO. 5.5 Item Cover Page DATE:November 7, 2023 TIME:30 min. SUBMITTED BY:Alex Jakubiec, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 24, Series of 2023, First Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2024 through December 31, 2024 SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 24, Series of 2023. PRESENTER(S):Alex Jakubiec, Budget Analyst and STR Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2024 TM Budget 1st Reading.pdf Budget 1st Reading Presentation.pdf Ordinance No. 24, Series 2023 619 2024 PROPOSED BUDGET 1st Reading November 7, 2023 620 TOWN OF VAIL PROPOSED 2024 BUDGET TABLE OF CONTENTS COVER MEMO 1 REVENUE  Major Revenue Analysis EXPENDITURES General Fund 16 Personnel   Ten-Year Summary of Budgeted Positions by Department 18 Employee Benefits Summary 20 Contributions  Contributions Summary 21  Contributions Notes 22 CAPITAL PLAN  Capital Projects Fund 27  Real Estate Transfer Tax Fund 31  Housing Fund 35  Unfunded 36  Project Narratives/Memos 37 . OTHER FUNDS  Marketing Fund 51  Heavy Equipment Fund 52  Health Insurance Fund 52  Dispatch Services Fund 53 − Timber Ridge Housing Fund 54 This table of contents is "Clickable". Click on headings below to be directed to the page. Residences at Main Vail Fund −55 14 −Ordinance No. 24, Series 2023 56 621 TO: Vail Town Council FROM: Finance Department DATE: November 7, 2023 SUBJECT: First Reading 2024 Town Manager’s Budget I. SUMMARY A first look at the 2024 Town Manager’s budget proposal. II. DISCUSSION On October 17th, staff presented a draft of the Town Manager’s budget for Council’s review. Any changes or additional information resulting from that meeting is included below: General Fund Council reviewed a contribution request from the Vail Valley Foundation (VVF) for $1.0M. The contribution would be used to reimburse the VVF for the roof and solar project completed during 2023 at the Gerald R Ford Amphitheater ($1.5M total). Staff has not included this request in the budget at this time and requests direction from council on whether to fund this contribution; in part or in full. The VVF has indicated they intend to request additional contributions in 2025-2028 for a total of $5.0M toward additional amphitheater renovations (total $20.0M). An additional $214K has been added under planning projects for the implementation of the Destination Stewardship Management Plan. This expenditure was supported by a transfer from the VLMD in 2023 of $200K but has not yet been spent. Due to timing, staff proposes to include this expenditure in the 2024 budget and defer recognition of the revenue until next year. Real Estate Transfer Tax Fund (RETT) Throughout the budget process, 2023 Real Estate Transfer Tax collections have improved significantly. Based on current trends, staff has updated the 2023 and 2024 Real Estate Transfer Tax forecasts. 2023 forecasted revenues have been increased to $7.1M (previously $6.1M). Forecasted transfer tax collections for 2024 have been increased from $6.2M to $7.0M, flat with the 2023 amended budget. Despite these increases, the fund is forecasted to utilize reserves in each of the next five years. Reserves will decrease to as low as $4.1M in 2028. During the draft budget review, Town Council requested additional options and analysis for a plan to pay-back funds transferred from the General Fund to the RETT fund. The chart below shows payback plan options and resulting projected fund balances. Based 1 622 Town of Vail on current RETT reserve projections, staff recommends either no payback or a 30-year payback with the option to accelerate a payback dependent on revenue collections and budget priorities. Staff’s recommendations are highlighted in green. Payback Scenario Annual Cost 5‐Year Cost Estimated Ending Fund  Balance in 2028  Fixed Rate 10‐Year $564,398 $2,821,990 $1,318,514  Fixed Rate 20‐Year $282,199 $1,410,996 $2,729,508  Fixed Rate 30‐Year $188,133 $940,664 $3,199,840  Excess RETT Collections Above  $8.0M Plus 3% Per Annum  Unknown  Unknown Unknown  No Payback  ‐    ‐  $4,140,504  An $18K reduction in the open lands plan budget has been reflected. During the draft budget review on October 17th, council requested to reduce the funds for the open lands plan in order to continue funding the “e-Bikes for Essentials” program. This has no impact to the overall expenditure budget. Capital Projects Fund The Draft Budget previously included a reimbursement from the Vail Reinvestment Authority for Lionshead snowmelt repair costs. Because this project is not anticipated to exceed the 2023 budget of $1.5M and no additional funds have been included in 2024; the reimbursement has been corrected in the fund statement by a reduction of $1.6M. THE FOLLOWING INFORMATION IS REPEATED FROM THE OCTOBER 17th COUNCIL PACKET BUT REFLECTS UPDATES TO TOTALS AS A RESULT OF THE CHANGES ABOVE. Prior to today’s draft, staff held several meetings to gather feedback from Council on preliminary budget assumptions. Budget discussions with Town Council began in July with a preview meeting that included preliminary revenue and expenditure discussions. More recently staff presented compensation and benefits, and a 5-year Capital Improvements Plan update. Additional information requested resulting from these earlier discussions with Town Council are included below: General Fund Council requested additional information regarding the potential impacts of SB23-303 (Proposition HH) on the Town’s property tax collections. In 2020, Vail voters approved ballot initiative 2G which allows the town to adjust the mill levy rate to maintain “revenues that may otherwise be lost as a result of state-imposed reductions in the ratio of assessed property tax valuations.” Staff has requested confirmation from the town attorney on whether such approval would allow the town to offset impacts from SB23- 303 if approved as well as valuation adjustments from and SB22-238. No conclusive legal answer has yet been received regarding this matter. Projected property tax revenues within the General Fund have been conservatively forecast at $8.4M assuming no offset will be allowed. It is estimated the cumulative impact of these two measures is a $471K reduction in property tax annually. 2 623 Town of Vail Capital Projects Fund Included in the five-year budget, in years 2024-2027, is a combined $7.0M to replace snowmelt boilers reaching the end of their useful life. While the current snowmelt boilers use gas, staff is exploring the potential of geothermal snowmelt boilers as a possible replacement. Council requested additional information about the breakdown of the cost-share for the Terradyne public safety vehicle. The plan of the cost share is based on the budgets of each agency, with the Town of Vail at 33% of the total cost, Eagle County at 34%, Town of Avon at 23, and Town of Eagle at 10%. Housing Fund At the direction of council, the $2.5M annual transfer of funds from the Capital Projects Fund is proposed to be allocated to the Vail InDEED deed restriction purchase program. The following is a high-level summary of other outcomes from feedback received during these budget meetings that were included in the creation of the 2024 budget proposal: Conservatively budget 2024 revenues Budget philosophy of maintaining the “status quo”, Support for a premium and flexible compensation philosophy Council discussed a number of capital projects within the Five-Year Capital Improvement Plan, including some newly-identified projects currently unfunded. After several budget meetings with each department, a draft of the proposed 2024 budget is presented to Council with conservative revenue projections, a balanced operating budget, and funding for priorities within the Council’s focus areas. Please note that the use of General Fund reserves is required to fund one-time planning projects, contributions, and annual special events. 3 624 Town of Vail BUDGET OVERVIEW The Town of Vail 2024 budget proposal presented in this document reflects the town’s vision to be the premier international mountain resort community in a fiscally responsible manner. Each year the Town Manager and staff prepare an annual budget that serves as a funding plan as determined by Town Council. Priorities that guided the 2023 budget tie directly to common themes found in both the Council Action Plan and Community Survey results. The major themes include ensuring citizens are afforded the opportunity to live and thrive in our community, providing a world class guest experience, balancing our economic, environmental, and social needs to deliver a sustainable community as well as growing a vibrant and diverse economy. Over 2021 through 2022, the town experienced significant growth in collections across the town’s major revenues due to pent-up travel demands combined with rising inflation. Current revenue projections reflect a normalization of visitation in town, and slight decreases experienced since the winter season. Looking forward to 2024, staff is proposing a conservative approach to revenue projections. Throughout the year staff will continue to monitor revenues and economic activity and will implement the town’s recession plan if needed. As part of the budget process, department heads met to build the budget with available funds based on the conservative revenue outlook and following the budget philosophy to operate within annual revenue streams. Each department head presented justifications for any new requests, including headcount, operating increases, and capital projects. Investment in the town’s personnel remains a top priority, staff proposes an increase to head count this year by 3.5 FTEs. These positions will help support growing service level demands in multiple departments and support council and community goals. Retention and recruitment have continued to be a challenge and have been a focus of department discussions. The 2024 budget seeks to align our brand of a world class resort with personnel and employment philosophies that reflect that brand. Woven throughout this budget are initiatives and programs proposed to support these philosophies. 4 625 Town of Vail Aside from personnel, many of the new and increased budget requests are a result of cost increases due to inflation, labor cost increases in the market, and added facilities. New requests also aim to align resources and equipment to accommodate added service levels and improvements to address several topics of importance to both Town Council and the community at large. Listed below are larger expenditures(both capital and operating) included in the 2024 budget that support Council Goals: Community: $38.6M Cash funding for Timber Ridge Redevelopment (repaid by end of 2026) $2.5M InDEED Funding $250K of support for Vail childcare centers funded with a portion of the proceeds from the tobacco tax collections $37K allocation for Cultural Heritage efforts $44K for community events including the Vail Social, community picnics and annual community meeting $225K for a regional bike share program $50K for the Artist Residency program ($100K annually after 1st year) Experience: $82K to fund town-wide guest service programs such as PrimaVail, scholarships, guest service curriculum, and employee engagement programs $1.5M for the Vail Village loading and delivery program offset by $600K in fees paid by delivery companies $1.5M for the design phase of the Vail Mobility Hub expansion Economy: Special event sponsorships ($3.2M) Global Exchange program and peer resort visits ($105K) Visitor Economic Data Research ($95K) Civic Area conceptual design ($350K) Sustainability: $600K for new electric bus chargers The Fire Free Five Rebate program ($100K) $150K for an Energy Efficiency Performance Contract Sustainable Destination certification program ($45K) $100K placeholder for wildlife habitat improvement projects $52K for the installation of new EV charging stations 5 626 Town of Vail The town’s 2024 budget is funded by a projected $100.4 million of net revenue budget across all of the town’s funds. Excluding the Vail Reinvestment Authority transfers, one-time transfers from the Vail Local Marketing District and other significant one-time transfers, this is an 3.2% increase from the 2023 Amended Budget and a 3.3% increase from 2022 actuals. Over 2021 and 2022 the town experienced an increase in visitation. That combined with high average daily rates within the lodging industry, real estate sales, and inflation resulted in record-setting revenue collections. Current revenue projections reflect a normalization of visitation in town, and slight decreases experienced since the winter season. Revenues for 2024, are projected conservatively and reflect a continued normalization of visitation, slightly decreasing ADRs, and an ongoing slowdown in real estate sales. Based on this, the majority of the town’s main revenue sources reflect modest increases compared to the 2023 amended budget. These however are offset by large one-time grant revenues received in prior years, as well as a decline in real estate transfer tax collections. Sales tax is the town’s main source of funding making up 41% of all revenues. 2024 Sales tax is conservatively proposed at $40.9 million, up 1.9% from 2023 Amended Budget and down 1.2% compared to 2022. This is down 0.6% from the 2023 forecast. Other major 2024 revenue sources and projections include the following: Revenue Fund 2021 Actual 2022 Actual 2023 Amended Budget 2024 Proposed Projections General Sales Tax GF/ CPF $34.7M $ 41.3M $40.1M $40.9M Up 1.9% from 2023 Amended; Down 1.2% from 2022; Down 0.6% from 2023 Forecast Housing Sales Tax HF - - $4.9M $4.95M Up 1.0% from 2023 Amended RETT RETT $12.5M $ 9.6M $ 7.0M $7.0M Flat with 2023 Amended Property Tax GF $6.0M $ 6.0M $ 6.1M $8.4M Based on County Valuation Parking GF $7.1M $ 8.2M $8.7M $8.9M Up 2.3% from 2023 Amended; Up 8.5% from 2022 Lift Tax GF $6.0M $ 6.5M $6.2M $6.7M Up 8.0% from 2023 Amended; Up 3.1% from 2022 Construction Use Tax CPF $3.7M $ 2.2M $ 2.0M $2.0M Flat with 2023 Amended; Down 8.6% from 2022; no large projects were assumed REVENUE (All Funds) $100.4M 6 627 Town of Vail Across all funds, 2024 expenditures are proposed at $135.7 million. Expenditures can be grouped into three main categories: municipal services, capital expenditures and debt service. For 2024, $70.1 million or 51.7% represents municipal services while 46.6% or $63.2 million represents capital expenditures. Debt service expenditures total $2.4 million or 1.8% of expenditures. Municipal Services Within the $70.1 million municipal services budget, expenditures can be viewed by either category (personnel, marketing and special events, and other operating) or by the department. Municipal Services 51.7% Capital Improvements 46.6% Debt Service 1.8% Where the Money Goes Salaries 49% Benefits 16% Contributions,  Marketing,  Special Events 5% All Other  Operating  Expenses 30% Where the Money Goes Municipal Services by Category EXPENDITURES (All Funds) $135.7M Public Safety makes up 27% of municipal spending, followed by Public Works functions at 22%, Transit and Parking at 14%, Administration/Risk Management at 11%, and Contributions and Events at 6% Please note that the Housing 3% is only department operations and does not include capital investments by the town in the InDEED program or other housing asset investments. Capital Investments are included in the town’s Capital Improvement expenditures. 7 628 Town of Vail PERSONNEL (All Funds) $45.4M As a service industry, the majority of municipal services expenditures relate to staffing. For 2024, this represents $45.4 million or 65% of the municipal services budget. Compensation Investment in the town’s workforce is a top priority of this budget proposal. As employee turnover rates have increased the need to focus on employee recruitment and retention as well as succession planning has become essential across the entire organization. The town’s employees are a critical part of the town’s infrastructure and provide world-class services to the community and guests. On September 5th, Town Council was given a preview of the 2024 Compensation and Benefits budget. During this meeting, Council has continued to support the town’s compensation philosophy to reflect a more premium and flexible pay structure for the premium services the Town of Vail employees provide. The town has budgeted an overall 5.9% increase for current staff, which allows for a combination of 1-5% merit increases and other rate adjustments to Police  12% Public Safety  Communications 5% Fire 11% Town  Officials 4% Administrative  Services & Risk  Management 11% Community  Development 3% Environmental 3% Housing 3% Library 2% Contributions &  Special Events 6% Welcome  Center &  Economic  Development 2% Public Works &  Streets 10% Parks & AIPP 4% Transportation  & Parking 14% Facilities &  Fleet  Maintenance 8% Employee  Housing EHOP  Program 3% Where the Money Goes by Service Area As a service organization, the majority of Municipal spending is for personnel. Salaries and benefits total $45.4M, or 64.7% of the operating expenditures. 8 629 Town of Vail provide competitive pay. Including new proposed new FTEs, an overall increase of 7.2% is proposed for the 2024 compensation budget. The 2024 budget also includes the continuation of the vacation reinvestment program ($250K) and wellness benefit ($78K). In addition to compensation, staff has included $50K for leadership trainings, $10K for new Culture Club initiatives, and $40K for customer service surveys and awards. Headcount The town’s operations are proposed to be supported by 350.5 full-time equivalent (FTE) positions in 2024. For 2024, there are 3.5 new FTE requests listed in the chart below. Staff is proposing to move forward with the positions listed below. Department Fund FTE Justification Deputy Chief of Community Risk Reduction GF 1.0 Better align current Fire Marshal position with best practice approach for community risk reduction. Evidence Tech GF 1.0 Increased volume of digital evidence; compliance of evidence documentation, dissemination and purging policies Parking Specialist GF 0.5 Convert Winter Seasonal to Full-Time Economic Development – Digital Content Coordinator GF 1.0 Better management of VLMD content marketing. Cost of this FTE is proposed to be entirely offset by a contribution from the VLMD Total 3.5 Additionally, $112,000 has been included in the General Fund salaries budget as a placeholder for additional internal employee housing support. As the Town continues to acquire employee housing units, this support for the internal housing program has been identified by directors as a primary objective moving forward. Town leadership is still evaluating the best approach to filling the operational needs of the housing program and proposes to return later in 2024 with a recommendation to either hire an internal housing coordinator or utilize contract services. DEPARTMENT SPENDING (All Funds) $20.8M Departmental spending (also labeled as “All Other Operating Expenses” in the chart above) is proposed at $20.8M for 2024. The majority of operating expenses are funded by the General Fund ($12.8M). The remaining is funded by the Real Estate Transfer Tax Fund (Environmental Sustainability, Forest Health, Parks, and Public Art), Dispatch Services Fund, and the Heavy Equipment Fund (Fleet). For 2024, departments were tasked with requesting necessary increases caused by inflation, while reducing where possible. The majority of the cost increases are due increased costs of labor, utilities, insurance, and banking fees associated with increased revenues. 9 630 Town of Vail CONTRIBUTIONS AND EVENTS (All Funds) $3.8M The 2024 budget proposes a total of $3.8M million for contributions and special events. This includes Special Event funding of $3.2M and $357K for Council Contributions within the “Service” category (Not-for-profit partners), and $250K the town’s Childcare program. Events A special event sponsorship placeholder of $3.2M is included in the Marketing Fund. This is a 0.9% increase from the 2023 Amended Budget. The $3.2M placeholder assumes event funding flat with the prior year with additional funds allocated to Town-produced events for early ski season activations and Vail America Days ($33K). Special events are funded by $345K of business license revenue along with $2.6M funded by a transfer from the General Fund. At this level of funding, the General Fund will need to utilize reserves in 2024 as well as over the next four years. While special events generate revenues for the town and provide a high-quality guest experience, using General Fund reserves each year is not a sustainable business model. Staff recommends a future ballot question to voters for an increase in special events funding that would alleviate the General Fund annual operations and core services. During 2022, staff worked with a consultant to propose a new special event funding model. The new structure was created to better evaluate special events funding and the value proposition for the town. As part of the changes, all events apply for funding through a single process (previously two, CSE and Council Contributions) to ensure that all events are delivering on the goals of the town. Event sponsorship funding is first vetted through the Committee of Special Events, and then through the Event Funding committee made up of 2 CSE members and internal staff members from Finance and Economic Development. Funding recommendations will be presented to Council in November/December. Council Contributions Council Contributions includes funding for programming of various non-profit organizations within the “Services” category, with $348.6K proposed in the 2024 budget as well as “In-Kind” contributions of days at Dobson Ice Arena, waived rental fees at Donovan Pavilion and parking coupons. This category includes organizations such as Betty Ford Alpine Gardens, Ski and Snowboard Museum, High Five Media, Friends of Vail Mountain Rescue, and both childcare centers. Also included as a “Service” request is $1.0M for the Vail Valley Foundation for funding towards the already-completed Gerald R Ford Amphitheater roof and solar project. Due to the size of these request, staff defers the funding decision Council. Should Council decide to fund this contribution, funding would come from General Fund reserves. See page 19 for contribution requests and staff recommendations. This budget also includes $250K for early childcare education support using a portion of tobacco tax revenues. This program was implemented in 2022. Town staff researched and worked with the two early childhood education centers in Vail to review the current needs of the facilities and propose program and grant options to Council which resulted in a program focusing on four areas: Workforce Retention ($50K), Vail Community Tuition Assistance/Family Support ($75K), Expansion and Sustainability of ECE programs ($80K), and Capital Needs ($25K). 10 631 Town of Vail Total funding for the 2024 capital improvements programs is $63.0 million across the Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Heavy Equipment Fund, Timber Ridge Fund, and Dispatch Services Fund. During the October 3rd work session, staff provided Council with a preliminary five-year capital plan for the Capital Projects Fund, Housing Fund, and Real Estate Transfer Tax Fund. Several significant projects were presented during this meeting. Council was asked to prioritize capital projects and provide feedback on the current plan. Changes to the 2023 capital plan are highlighted in orange within the fund statements. Additional information as requested by Council is included on pages 1 and 2 of this memo. Staff has attached project narratives for the larger more significant projects being proposed. At the beginning of 2021, Town Council authorized the financing of the Public Works Shops project with a lease-purchase agreement. This project was financed with a $15.2M loan over a 15-year term at an interest rate of 1.76% annually. The 2024 budget includes $1.2M of debt service payments for this project. In October of 2021, the Town issued $22.3M of 30-year Certificates of Participation for the Residences at Main Vail housing project with an interest rate of 2.76%. The 2024 budget includes $1.2M of debt service payments for this project. Due to better-than-expected revenues and grant funding combined with conservative spending and the deferral of capital projects the town was able to build up additional reserves during 2021 and 2022. At the end of 2022 the town had $144.3M in reserves. During 2023, the town is projected to spend reserves down by $55.6M mainly due to deed restricted housing projects, Booth Heights acquisition costs, large road and bridge projects and bus replacements. Into 2024, the town is projected to use additional reserves towards the Timber Ridge redevelopment ($38.6M), cash flow the Dobson Ice Arena redevelopment and to support ongoing operational and maintenance costs in the Real Estate Transfer Tax (RETT) Fund. Due to conservative revenue projections of “average” RETT collections not covering annual operating and capital maintenance expenditures, the RETT fund is projected to use reserves every year through 2028. By the end of 2024 reserves are projected to be $23.8 million in the General Fund, or 39% of annual revenues. This is above the 35% minimum required by Town Council as a budgetary policy. Town-wide reserves are projected to be $57.3 million at the end of 2024. CAPITAL EXPENDITURES $63.0M RESERVES $57.3M DEBT SERVICE EXPENDITURES $2.4M 11 632 Town of Vail Marketing Fund Marketing Fund revenues are generated through the collection of annual business license fees. Budgeted revenue for 2024 of $345,000 is projected flat with the 2023 Amended Budget. The Marketing Fund is also funded by a $2.6M transfer from the General Fund in order to maintain the level of spending on Special Events. Heavy Equipment Fund This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to the departments based on their use of the vehicles and equipment. The Heavy Equipment Fund (HEF) includes approximately $1,502,000 to purchase replacement vehicles and equipment in 2024. The vehicles are scheduled to be replaced at determined intervals based on age and use. Funding for the HEF consists of internal charges to departments as well as costs recovered through the sale or trade-in of old equipment. Projected fund balance is $490K for the end of 2024. Health Insurance Fund This is an internal services fund that manages the town’s health insurance plans. Costs are charged back to the town departments and employees through payroll deductions. The town experienced low claims activity in 2022 and into 2023. In 2023, the town will move to a new third- party administrator for health insurance at a similar cost as the prior provider but with improved services. The 2024 proposed budget is 6.9% higher than the 2023 budget due to changes in how stop-loss coverages will be billed to the town. This increase is offset by higher revenues anticipated for stop-loss claims. Fund balance has increased $886K since 2020 due to better than expected claims experience. The 2024 proposed budget conservatively anticipates use of reserves in order to stabilize annual cost increases to both departments and employees. Projected fund balance is $3.8 million for the end of 2024. Dispatch Services Fund This is an enterprise fund that manages county-wide 911 emergency services. The 2024 budget proposes to continue the temporary suspension of the 5% annual charge to participating agencies that is allocated to a capital reserve account first suspended in 2021. This annual contribution is approximately $90K each year and results in an overall 8% decrease to the agencies. The Dispatch Services Fund is projected to use approximately $61K in reserves for regular operations. The projected fund balance at the end of the year is $2.0M. Residences at Main Vail Fund The Residences at Main Vail was completed in summer 2023, with residents moving in during the month of September. The 2024 budget reflects the first full year of revenues and operational expenses. Total revenue for the fund is projected at $1.8M, with operating expenditures of $508K, $51.6K for capital reserves and $1.2M of debt service payments. The ending fund balance for 2024 is projected at $64.5K. Timber Ridge Enterprise Fund The 10-acre property at Timber Ridge is owned by the town, with the eastern half of the property under a ground lease to Lion’s Ridge Apartment Homes with no lease payment for ten years (2025). Lion’s Ridge has the option to purchase the land for $5.0 million with notification to the town by December 31, 2024 and closing within 90 days. OTHER FUNDS 12 633 Town of Vail The western portion of the property is planned for a complete redevelopment, increasing the number of homes from 96 to 274. Triumph Development, the town’s partner in the redevelopment is currently working through the entitlement process. The total estimated cost of the project is $164.0M, with the developer financing a majority of construction and the town cash-funding $38.9M in site work and podium costs. This amount will be repaid at the time of unit sales during 2025 and 2026. The town will also be compensated for $11.3M of land and historical costs (land at cost and repayment of current debt on Timber Ridge). Separately, the town is considering the purchase of a building in 2025 for rental homes at the new Timber Ridge at an estimated purchase price of $23.0M. The town would propose financing up to $17.1M of this amount, and subsidizing the remaining $5.9M so that the project can cover debt service payments with annual affordable rents. This purchase will be reviewed again by Town Council in the near future, and would be considered as part of the 2025 annual budget process. III.ACTION REQUESTED OF COUNCIL Staff requests feedback from Council in preparation for the second reading of the 2024 budget scheduled for November 21, 2023. 13 634 REVENUE 635 Major Revenue Analysis 2024 Proposed Budget 2018 2019 2020 2021 2022 2023 2023 2024 Actual Actual Actual Actual Actual Budget Amended Proposed Comments General Sales Tax 27,886,113 29,250,698 25,122,191 34,534,683 40,776,882 34,000,000 40,085,000 40,850,000 2024: Down 2% from the 2023 Forecast plus estimates for new Marriott; Overall down 1% from 2023 Forecast Flat with 2022 Actuals 9%5%-14%37%18% -17%18%2% Housing Sales Tax - - - - 4,954,438 4,125,000 4,855,349 4,950,000 100% -14%18%2% RETT Tax 7,649,013 7,224,668 10,448,526 13,371,555 9,603,456 7,000,000 7,000,000 7,000,000 2024 1.4% decrease from 2023 projected; flat with amended 2023 budget 21%-6%45% 28% -28% -48% 0% 0% Parking Revenue 6,416,013 6,720,873 4,891,997 7,060,319 8,153,534 7,769,724 8,686,500 8,930,196 2024: Down 2% from 2023 Forecast; 2023 Forecast YTD with remainder of year down 4% from 2022 Actuals less local pass initial fee 31%5%-27% 44% 15% 0% 12% 3% Property & Ownership Tax 5,313,730 5,369,376 5,941,704 6,016,105 6,041,413 6,070,410 6,070,410 8,445,000 2024 assessments increased average of 60% 8%1%11% 1% 0% 0% 0% 39% Lift Tax Revenue 5,103,480 5,341,369 4,095,812 5,518,980 6,473,618 5,895,506 6,234,550 6,675,000 2024 up 4% from prior year; Epic Pass sales price 8% higher than prior season; 2023 YTD tracking down 1% from prior year 8%5%-23%35%17%-9%6%7% Construction Fees 2,958,948 1,998,540 1,855,654 2,716,819 1,734,230 1,918,109 1,918,109 1,734,230 2023: Based on three year average excluding large projects 82%-32%-7% 46% -36% 11% 0% -10% Construction Use Tax 3,689,131 2,467,928 2,078,277 3,687,945 2,189,230 2,000,000 2,000,000 2,040,500 2023: Based on three year average excluding large projects 112%-33%-16% 77% -41% -9% 0% 2%2018 included $1.9M from Vail Health project Other Taxes 1,982,124 2,089,579 2,432,187 2,500,000 3,138,777 2,720,340 2,720,340 3,024,431 County sales tax (based on TOV sales tax), Road & Bridge, Hwy users revenue, Tobacco tax, Holy Cross franchise fee to CPF 10%5%16% 3% 26% -13% 0% 11% Federal / County Grants/State Grants 1,546,528 1,035,711 152,630 4,779,131 396,822 1,279,000 2,155,567 1,603,652 2024: $310K Hope Center Grant, $30K Lottery Funds , Operating Bus Grant $236K; DUI enforcement grant $37K; $240K water quality grant 810%-33%-85% 3031%-92% 222%69%-26%2023: $280K Hope Center Grant; $20K Lottery Funds; $229K Operating Bus Grant; $300K Water Quality Grant;$250K mobility grant 2022: $100K VLMD reimbursement for Destination Stewardship Plan; $276K Hope Grant; 2021 includes $250K for Federal Transit Grant and $250K Hope Center Grant; $20K Lottery Funds; $1.1M FASTER electric bus chargers grant; $525K CDOT bus grant; $350K Transit Grant for Transportation Mgmt. System 2020: $124.5K Water Quality Grants; $28K Lottery Funds 2019:$895 Federal Bridge Rd Bridge Grant 2018 includes $700K CDOT Water Quality "TAP" grant; $675.1K FASTER bus grant Earnings on Investments 1,123,184 2,209,195 778,981 281,491 397,557 273,442 675,415 946,377 Based on available fund balance and investment returns conservatively assumed at 2% 99%97%-65% -64% 41% -31% 147% 40% Rental Income 1,064,569 1,139,700 787,906 1,116,305 1,418,890 1,415,002 1,415,002 1,757,238 Includes increases for employee housing rentals purchased during 2023, Completed RMV Units 4%7%-31% 42% 27% 0% 0% 24% E911 and Interagency Dispatch 2,055,844 2,159,084 2,174,892 2,098,742 2,255,070 2,510,176 2,510,176 2,766,155 Funding by E911 Authority Board and participating agencies; 2023 increase due to new surcharges; increase reserves shared from E-911 Board 2%5%1% -4% 7% 11% 0% 10% Vail Reinvestment Authority Transfers 4,599,998 3,804,281 1,809,400 7,410,723 2,291,996 2,550,000 7,081,546 200,000 2024: LH parking strcuture maint 10%-17%-52% 310% -69% 11% 178% -97% COVID Grants American Rescue Grant 1,365,835 CRRSAA Transit Grant 1,789,613 1,789,612 CARES Transit Grant 1,507,242 229,274 CARES Grant - State share 976,868 91,167 Financing PW Shops Debt Financing Proceeds 15,190,000 RMV Financing Proceeds 25,280,230 Other One-Time Significant Reimbursements Transfer from VLMD 1,400,000 1,400,000 $1.2M support for Housing; $200K for Destination Stewardship State and Federal Capital Bus Grant 5,529,458 1463 6 Major Revenue Analysis 2023 Proposed Budget Bollards Grant 250,000 Bus Infrstrcuture Grants 291,700 State FASTER Transit Grant 1,624,065 Black Gore Creek Grant 894,898 Four Seasons Housing Agreement 2,040,000 Real Estate Sales 1,547,000 1,054,110 1,251,730 429,000 Mainly workforce housing resales Use of Traffic Impact Fee for Frontage Rd Project Sale of Chamonix Housing Units 17,748,304 Project Reimbursement Red Sandstone 5,800,000 Total Significant One-Time Revenues 23,548,304 2,441,898 2,484,110 45,258,459 5,081,342 1,400,000 9,265,993 - All Other Revenue 8,339,104 6,968,373 9,183,295 3,469,901 9,956,811 8,788,973 9,172,104 9,466,019 In general, this item includes project reimbursements, fire deployments, franchise fees, fines and forfeitures, employee portion of healthcare 13%-16%32% -62% 187% -12% 4% 3%premiums, license revenue, administration fees collected from VLMD and RETT and other charges for service such as out of district fire response and Police contracted services. It may also include use of Traffic Impact fees or Holy Cross Community Enhancement Funds Total Revenue 103,276,083 80,221,274 74,237,562 139,821,158 102,824,066 89,715,682 111,846,062 100,388,799 % compared to Prior Year 54% -22% -7% 88% -26% -13% 25% -10% 3.2%vs. 2023 Amended (without One-Time Revenues) 3.3%vs. 2022 Actual (without One-Time Revenues) 19.7%vs. 2021 Actual (without One-Time Revenues) 41.3%vs. 2020 Actual (without One-Time Revenues) 1563 7 EXPENDITURES 638 Proposed 2020 2021 2022 2023 2024 Actual Actual Actual Forecast Budget 2025 2026 2027 2028 Revenue 2.0% 2.0% 3.0% 3.0% Local Taxes: 24,973,418$ 34,534,683$ 45,731,320$ 41,100,000$ 40,850,000$ 41,616,000$ 42,448,000$ 43,721,000$ 45,032,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 61/39 49/51 61/39 62/38 62/38 62/38 62/38 62/38 62/38 Sales Tax 15,300,000 17,050,000 24,771,000 25,482,000 25,327,000 25,801,920 26,317,480 27,107,500 27,920,320 Property and Ownership 5,941,704 6,016,105 6,041,413 6,070,789 8,445,000 8,445,000 8,867,250 8,867,250 9,310,613 Ski Lift Tax 4,095,812 5,518,890 6,473,618 6,473,617 6,675,000 6,890,250 7,115,860 7,400,494 7,696,514 Franchise Fees, Penalties, and Other Taxes 1,672,845 1,751,304 1,933,252 1,751,381 1,901,156 1,961,427 1,970,656 2,044,775 2,121,119 Licenses & Permits 2,071,460 2,924,982 2,495,039 3,028,134 2,832,032 2,888,673 2,946,446 3,005,375 3,065,483 Intergovernmental Revenue 2,626,054 3,618,724 3,606,002 3,202,360 3,008,181 3,038,263 3,068,645 3,099,332 3,130,325 Transportation Centers 4,891,998 7,060,319 8,153,534 9,133,863 8,930,196 9,185,210 9,398,914 9,616,892 9,839,230 Charges for Services 1,212,774 1,391,470 1,220,289 999,980 1,029,992 1,141,392 1,214,220 1,288,504 1,364,274 Fines & Forfeitures 342,285 268,878 230,774 210,700 204,116 208,198 212,362 216,610 220,942 Earnings on Investments 308,609 100,880 169,375 1,000,000 500,000 350,000 350,000 300,000 300,000 Rental Revenue 787,907 1,116,305 1,418,890 1,462,487 1,757,238 1,674,225 1,724,452 1,776,185 1,829,471 Miscellaneous and Project Reimbursements 255,002 510,632 326,415 321,150 236,000 310,000 316,200 322,524 328,974 Total Revenue 39,506,450 47,328,489 56,839,601 59,136,461 60,845,912 61,894,558 63,502,485 65,045,442 67,127,264 -9.5%19.8%4.0%2.9%1.2%2.6%2.4%3.2% Expenditures Salaries 19,422,760 20,858,386 23,870,732 26,567,176 28,477,724 29,759,222 31,098,387 32,653,306 34,285,971 Benefits 6,904,130 7,643,489 8,172,659 8,817,308 9,398,992 9,821,947 10,263,934 10,777,131 11,315,987 Subtotal Compensation and Benefits 26,326,890 28,501,875 32,043,391 35,384,484 37,876,716 39,581,168 41,362,321 43,430,437 45,601,959 -1.2%8.3%12.4%2.8%7.0%4.5%4.5%5.0%5.0% Contributions and Welcome Centers 657,599 323,181 289,172 294,134 305,200 318,106 327,649 337,479 347,603 Childcare Program Funding - - 115,698 250,000 250,000 250,000 250,000 250,000 250,000 All Other Operating Expenses 6,344,253 7,481,863 10,253,294 12,182,049 12,528,185 12,904,031 13,420,192 13,956,999 14,515,279 Heavy Equipment Operating Charges 2,268,219 2,319,016 2,468,010 3,033,696 3,352,626 3,453,205 3,556,801 3,663,505 3,773,410 Heavy Equipment Replacement Charges 840,206 909,338 952,189 1,101,105 1,193,175 1,228,970 1,265,839 1,303,815 1,342,929 Dispatch Services 666,042 623,940 652,938 669,317 691,448 712,191 733,557 755,564 778,231 Total Expenditures 37,103,210 40,159,213 46,774,692 52,914,785 56,197,350 58,447,671 60,916,359 63,697,798 66,609,411 -3.2%8.2%6.2%6.1%4.2%4.6%4.6% Surplus (Deficit) from Operations 2,403,240 7,169,276 10,064,909 6,221,676 4,648,562 3,446,886 2,586,126 1,347,644 517,853 One-Time Items: Federal Grants CRRSAA Transit Grant (Operating)1,507,242 1,789,613 337,234 236,152 CARES Transit Grant (Operating)1,197,930 1,789,612 American Rescue Plan Grant (1,365,835) American Rescue Plan Initiatives 1,365,835 Planning Projects VLMD Transfer for Destination Stewardship Mgmt. Plan 200,000 200,000 Destination Stewardship Mgmt. Plan (224,081) (230,319) (213,815) Vail Vision (100,000) Civic Area/Dobson Master Plan (350,000) (350,000) West Vail Master Plan (152,851) (173,909) (31,688) (100,000) Contingency (25,000) Contributions Funded with Reserves Vail Chapel Capital Contribution (250,000) (500,000) ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) Mountain Travel Symposium (145,848) TOWN OF VAIL 2024 PROPOSED 5-YEAR PLAN SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 16 63 9 Net Increase /(Decrease) due to One- Time Items: 1,491,030 1,019,288 1,137,995 (843,085) (152,663) Transfer to Marketing & Special Events Fund (1,653,178) (2,000,000) (1,825,000) (1,583,363) (2,600,000) (2,652,000) (2,705,040) (2,759,141) (2,814,324) Transfer to Other Funds - (317,927) (291,938) (1,611,349) Timber Ridge Transfer to TR for Site and Podium (23,749,840) 5,000,000 18,000,000 749,840 Transfer to TR for Building A Subsidy (4,300,000) Dobson Transfer to CPF (11,000,000) 5,000,000 6,000,000 4,000,000 Booth Heights Transfer to RETT (5,519,985) Parking Capital Reserve Contribution - (5,000,000) (5,000,000) (5,000,000) Surplus (Deficit) Net of Transfers and One-Time Item 2,241,092 5,870,637 9,085,966 (3,336,106) (26,153,941) (5,205,114) 17,881,086 338,343 (3,296,470) Beginning Fund Balance 36,306,665 38,547,757 44,426,118 53,512,084 50,175,978 24,022,037 18,816,924 36,698,010 37,036,352 Ending Fund Balance 38,547,757$ 44,418,394$ 53,512,084$ 50,175,978$ 24,022,037$ 18,816,924$ 36,698,010$ 37,036,352$ 33,739,882$ As % of Annual Revenues 88%101%94%85%39%30%58%57%50% 1764 0 PERSONNEL 641 2024 Positions Department 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Change Full-Time Regular Positions - Funded by TOV Town Officials 4.43 3.43 3.43 3.43 3.43 4.43 3.43 3.43 3.43 3.43 3.43 0.00 Administrative Services 21.40 24.60 25.10 29.60 29.60 29.60 32.60 34.30 34.30 35.30 36.30 1.00 Digital Content Coordinator (1.0 FTE) - Will be offset with a reimbursement from the VLMD Community Development 12.85 13.85 12.85 12.00 13.00 11.50 12.00 12.00 12.00 12.00 12.00 0.00 Housing - - - 2.00 2.00 2.00 2.00 3.00 4.00 4.00 4.00 0.00 Environmental Sustainability - - - - - 3.00 4.00 4.25 4.25 4.50 4.50 0.00 Fire 25.50 28.50 29.50 30.50 36.50 37.50 38.00 38.00 39.80 39.80 40.80 1.00 Deputy Chief of Community Risk Reduction (1.0 FTE) Police and Communications 54.25 55.25 56.25 56.25 57.25 57.75 57.75 58.00 58.00 58.00 59.00 1.00 Evidence Technician (1.0 FTE) Library 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.60 6.60 6.60 0.00 Public Works, Streets & Roads, Landscaping 34.30 36.30 40.30 40.80 41.80 43.30 44.30 44.30 48.30 48.75 48.75 0.00 Transportation & Parking 39.50 39.50 47.50 47.00 47.00 47.50 47.50 47.50 66.50 66.50 67.50 1.00 Convert Winter Parking position to full-time enforcement position (1.0 FTE) Fleet Maintenance 12.00 11.00 11.00 12.00 12.00 12.00 12.00 12.00 12.00 11.75 11.75 0.00 Facility Maintenance 16.00 17.00 17.00 17.00 17.00 17.00 17.00 17.00 17.00 17.00 17.00 0.00 Total Full-Time Regular/Modified Full-Time 226.78 235.98 249.48 257.13 266.13 272.13 277.13 280.33 306.18 307.63 311.63 4.00 Fixed Term Employees Administrative Services - - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Community Development - - - 1.00 1.00 - - - - - - 0.00 Police and Communications - - 1.00 1.00 - - - - - - - 0.00 Public Works, Streets & Roads, Landscaping - - - - - - 1.00 1.00 1.00 1.00 1.00 0.00 Capital Projects - - - - - - - - - - - 0.00 Document Imaging 1.00 - - - - - - - - - - 0.00 Total Fixed-Term 1.00 0.00 2.00 3.00 2.00 1.00 2.00 2.00 2.00 2.00 2.00 0.00 Externally Funded Employees Police and Communications 10.00 9.00 8.00 8.00 8.00 9.00 9.00 9.00 9.00 9.00 9.00 0.00 Total Externally Funded 10.00 9.00 8.00 8.00 8.00 9.00 9.00 9.00 9.00 9.00 9.00 0.00 Total Full-Time Employees 237.78 244.98 259.48 268.13 276.13 282.13 288.13 291.33 317.18 318.63 322.63 4.00 Seasonal Positions - Funded by TOV Town Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 1.94 1.69 1.19 2.29 2.29 2.29 2.20 2.20 2.20 1.70 2.00 0.30 Deputy Court Clerk Community Development 0.25 0.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fire 12.70 9.61 10.07 9.00 3.00 2.50 2.50 2.50 3.00 3.00 3.00 0.00 Police and Communications 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Library 1.70 2.20 2.40 2.40 2.40 2.40 2.40 2.40 3.025 3.025 3.025 0.00 Public Works/ Streets & Roads/Landscaping 9.14 8.64 7.20 8.66 8.66 9.16 9.16 11.16 9.16 9.16 9.16 0.00 TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 18 64 2 2024 Positions Department 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Change TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT Transportation & Parking 20.30 19.84 19.00 19.00 20.52 20.52 25.96 25.96 10.10 10.56 10.10 (0.46) Convert Winter Parking position to full-time enforcement position (0.46 FTE) Fleet Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Facility Maintenance 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.00 Total Seasonal / Part-Time 46.95 43.15 40.78 42.27 37.79 37.79 43.14 45.14 28.41 28.37 28.21 (0.16) All FTE's (Full-Time Equivalents) Town Officials 4.43 3.43 3.43 3.43 3.43 4.43 3.43 3.43 3.43 3.43 3.43 0.00 Administrative Services 23.34 26.29 27.29 32.89 32.89 32.89 35.80 37.50 37.50 38.00 39.30 1.30 Community Development 13.10 14.10 12.85 13.00 14.00 11.50 12.00 12.00 12.00 12.00 12.00 0.00 Housing 0.00 0.00 0.00 2.00 2.00 2.00 2.00 3.00 4.00 4.00 4.00 0.00 Environmental Sustainability 0.00 0.00 0.00 0.00 0.00 3.00 4.00 4.25 4.25 4.50 4.50 0.00 Fire 38.20 38.11 39.57 39.50 39.50 40.00 40.50 40.50 42.80 42.80 43.80 1.00 Admin 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 Patrol 28.00 28.00 28.00 28.00 28.00 29.00 29.00 29.00 29.00 29.00 29.00 0.00 Investigation 5.00 5.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 0.00 Records 4.25 4.25 4.25 4.25 4.25 4.75 4.75 5.00 5.00 5.00 6.00 1.00 Dispatch 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 0.00 Police and Dispatch Total 64.25 64.25 65.25 65.25 65.25 66.75 66.75 67.00 67.00 67.00 68.00 1.00 Library 8.25 8.75 8.95 8.95 8.95 8.95 8.95 8.95 9.63 9.63 9.63 0.00 Public Works, Streets & Roads 43.44 44.94 47.50 49.46 50.46 52.46 53.46 55.46 57.46 57.91 57.91 0.00 Transportation & Parking 59.80 59.34 66.50 66.00 67.52 68.02 73.46 73.46 76.60 77.06 77.60 0.54 Fleet Maintenance 12.00 11.00 11.00 12.00 12.00 12.00 12.00 12.00 12.00 11.75 11.75 0.00 Facility Maintenance 16.92 17.92 17.92 17.92 17.92 17.92 17.92 17.92 17.92 17.92 17.92 0.00 Capital Projects / Fixed Term 1.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 Total FTE's 284.73 288.13 300.26 310.40 313.92 319.92 331.27 336.47 345.59 347.00 350.84 3.84 1964 3 2022 2023 2024 Actual % Salary Budget % Salary Budget % Salary Full-Time Regular Employees Fee Based Health Insurance 4,090,670 16.84% 4,592,266 16.10% 4,534,560 15.08% Group Term Life, Disability & Accidental Death 330,971 1.36% 319,696 1.12% 373,068 1.24% Lifestyle & Wellness Benefit 344,542 1.42% 270,000 0.95% 310,000 1.03% Sworn Officer Death and Disability Insurance 188,275 0.77% 211,342 0.74% 255,241 0.85% Subtotal Fee Based 4,954,458 20.39% 5,393,304 18.91% 5,472,869 18.20% Payroll Based Pension Contribution 3,425,331 14.10% 3,924,345 13.76% 4,691,370 15.60% Medicare 357,567 1.47%372,542 1.31%434,605 1.45% Workers' Compensation Insurance 184,065 0.76%243,220 0.85%276,000 0.92% Unemployment Compensation Insurance 72,827 0.30%102,770 0.36%119,891 0.40% Subtotal Payroll Based 4,039,790 16.63% 4,642,877 16.27% 5,521,866 18.37% Total Full-Time Benefits 8,994,248 37.02% 10,036,181 35.18% 10,994,735 36.57% Part-Time and Seasonal Employees Fee Based Wellness Benefit 27,068 1.88%15,000 0.84%20,000 1.03% Health Insurance 554,090 38.44%231,655 13.01%214,361 11.06% Payroll Based Pension Contribution 24,285 1.68%21,620 1.21%29,408 1.52% Medicare 21,664 1.50%20,899 1.17%28,428 1.47% Workers' Compensation Insurance 11,592 0.80%28,566 1.60%29,000 1.50% Unemployment Compensation Insurance 4,587 0.31%5,765 0.32%7,842 0.40% Disability - 0.00%- 0.00%3,100 0.16% Subtotal Payroll Based 62,128 4.16%76,850 4.32%97,778 5.05% Total Part-Time and Seasonal Benefits 643,286 43.06%323,505 18.16%332,139 17.14% Total Benefits - All Employees 9,637,534 38.29% 10,359,686 34.18% 11,326,874 35.39% (1,414,188.99) -12.8%722,152.00 7.5%967,188.00 9.3% Town of Vail Employee Benefits 20 644 CONTRIBUTIONS 645 2024 Council Contribution Request Spreadsheet Increase/Staff TOWN OF VAIL FUNDING REQUEST Fund (Decrease)Recommended from 2022 Cash SERVICES A Colorado Snowsports Museum: In-Kind - - - Rent in the Vail Transportation Center ($145,666); 1 Business Premier Pass and 3 Employee Plus Passes ($7,750) A Colorado Snowsports Museum programming GF 50,000 3,179 48,226 B Betty Ford Alpine Garden: Operating RETT 100,000 23,112 79,195 1 employee plus pass ($1,850) and 2 year round designated parking spots in Ford Park ($850) B Betty Ford Alpine Garden: Capital Request RETT 15,000 15,000 - C Eagle River Watershed Council RETT 42,000 - 42,000 D High Five Access Media (TV5)GF 152,000 - 152,000 E Vail Valley Mountain Trails Alliance RETT 17,500 - 17,500 F Vail Mountain Rescue Group (FMR) Friends of Mountain Rescue GF 13,000 3,627 9,654 G Vail Valley Foundation GF 1,000,000 1,000,000 n/a TOTAL SERVICES 1,389,500 869,918 348,574 IN KIND H Small Champions, Inc. (9 off-peak Sundays Dec-Mar)- - 70 single day parking vouchers at Lionshead; 9 days use of Lionshead Welcome Center ($40/day, $2,800) I Vail Mountaineer Hockey Club - - 14 days use of Dobson ($2,850/day, $39,900) J Ski and Snowboard Club Vail - - 4 days usage of Dobson ($2,850/day, $11,400) K Skating Club of Vail - - 10 days use of Dobson Ice Arena ($2,850/day, $28,500) L Special Olympics (Sundays Jan 2 - End of Ski Season)- - 56 parking passes at Lionshead parking structure ($40/day, $2,240 total) M Foresight Ski Guides - - 2 Employee plus parking passes ($1,850/each) N SOS Outreach - - 25 parking passes ($40/day, $750) Children's Garden of Learning Continued support of building and exterior maintenance from public works TOTAL IN KIND - - Cash Request In-Kind Request 2024 Recommended 21 646 22 2024 Council Contributions: Staff Recommendations SERVICES This category funds programs of services/expertise that the town does not already provide, supports the TOV physical plant and is appropriate for governmental support. Currently included in this category is annual programming support of Colorado Ski and Snowboard Museum and Betty Ford Alpine Garden. This category does not support annual operating requests. A.Colorado Snowsports Museum CASH REQUEST (Programming): $50,000 (up $3,179 or 6.8% from 2023 approved request). INKIND REQUEST: Waive rent valued at $145,666 and provide 4 parking passes valued at $7,750 (An increase of 1 Parking pass from the 2023 approved request). BACKGROUND INFORMATION: The Colorado Snowsports Museum and Hall of Fame is requesting a total cash contribution of $50,000 which will be used to market the museum, continue to provide free admission for visitors, and maintain/update exhibits. STAFF RECOMMENDATION: Staff recommends funding the in-kind request based on the lease terms and 3 of the 4 passes requested (totaling $151,566) and a cash contribution of $48,226, up 3% from prior year. Staff recommends that this is used towards maintaining and updating exhibits and providing programming for visitors. B. Betty Ford Alpine Gardens (BFAG) CASH REQUEST (Programming): $100,000, $23,112 or 30.1% increase from 2023. CAPITAL REQUEST (Capital): $15,000 towards water use monitoring equipment, including water meters and battery operated-fill valves to all water features that would then be wired to an irrigation clock that would control timed windows for water feature filling. INKIND REQUEST: 2 designated parking spots at Ford Park and 1 employee plus pass ($2,700); BACKGROUND INFORMATION: Betty Ford Alpine Garden’s is requesting a cash contribution of $100,000 for their garden care and education program. This includes the purchase of plant materials, tools, soil, and compost, replanting as well as garden upgrades and the management and supervision of the volunteer team and summer garden interns. The increased request reflects expenditure increases over several years. Over the past 10 years the BFAG’s budget has increased $900K or 108%. Over the same period, the Town’s contribution has increased 34%. BFAG has also requested $15,000 towards water use monitoring equipment. The Town of Vail pays the cost of the water for BFAG. STAFF RECOMMENDATION: Staff recommends a cash contribution of $79,195 to go towards the Garden Care and Upkeep Program (a 3% increase from prior year original funding). Staff also recommends in-kind funding for 2 designated parking spots at Ford Park and 1 employee plus parking pass. In addition to Council contributions, the BFAG is requesting $50,00 from the Committee on Special Events for a dinosaur exhibit. Staff does not recommend funding the water monitoring equipment. This contribution is funded by Real Estate Transfer Tax Fund. 647 23 C.Eagle River Watershed Council CASH REQUEST (Programming): $42,000, Flat with the 2023 request and awarded funds. BACKGROUND INFORMATION: Eagle River Watershed Council is requesting a cash contribution of $42,000 to fund water quality monitoring, community education, and river restoration projects. Specifically, the contribution will be used towards the 2024 Community Pride Highway Cleanup ($3,500); the 2024 Eagle River Cleanup ($3,500); Sediment-Source & Bio-Monitoring of Gore/Black Gore Creeks ($10,000); Water Quality Monitoring & Assessment Program ($13,000); Gore Creek Restoration Project ($8,000); Community Water Plan Implementation ($4,000). STAFF RECOMMENDATION: Staff recommends funding the $42,000, flat with prior year funding. D.High Five Access Media CASH REQUEST: $152,000 (50% of Comcast franchise fees), flat with prior years request. In early 2021, High Five gave a presentation to Council on their town provided services and their share Comcast franchise fees was increased to 50%. BACKGROUND INFORMATION: High Five Access Media is requesting $152,000 (or 50%) of franchise fees the Town of Vail receives annually from Comcast, based on terms of the Comcast franchise agreement with the town. The cash contribution will be used to fund High Five Access Media programs, in-house productions, video production equipment purchases, production of council meetings, free access for Vail residents to membership, basic media education, cable and internet distribution of video as well as paying for ongoing costs for cablecast and webcast of programming to Comcast subscribers and internet users. STAFF RECOMMENDATION: Staff recommends funding of approximately $152,000 (or 50%) of estimated franchise fees the Town receives annually from Comcast. E.Vail Valley Mountain Trails Alliance CASH REQUEST: $17,500, Flat with 2023 contributions. BACKGROUND INFORMATION: The Vail Valley Mountain Trails Alliance is requesting $17,500 to continue funding three programs: Adopt a Trail, Wildlife Trail Ambassador, Trail Conservation Crew. The Adopt A Trail program use volunteers to help maintain and monitor local trails. This program assists in maintaining twelve trails connected to the Town of Vail. The Wildlife Trail Ambassador program educates and communicates seasonal trail closures including North Trail, Son of Middle Creek, Buffehr Creek, and Two Elk. The Trail Conservation Crew program provides on the ground trail maintenance and stewardship programs. In 2022, this program included projects on Mill Creek, Son of Middle Creek. They cleared over 350 downed trees on these trails, along with Two Elk and North Trail, as well to ensure visitors and locals have a high quality trail experience. STAFF RECOMMENDATION: Staff recommends total funding of $17,500 for the Adopt A Trail program, the Wildlife Trail Ambassador, and the Trail Conservation Crew, to be used on trails within or that border the Town of Vail. Funding for this will come from the Real Estate Transfer Tax Fund. 648 24 F. Vail Mountain Rescue Group (VMRG) CASH REQUEST: $3,000, a 68.0% or $6,373 decrease over the prior year’s awarded funding. CAPITAL REQUEST (Capital): $10,000 for sonar equipment designed for searching bodies of water. The total request of $13,000 is a $3,627 or 38.7% increase over the prior year’s awarded funding. BACKGROUND INFORMATION: Vail Mountain Rescue Group's search and rescue capability provides a safety net for residents and visitors. It allows them to enjoy the bountiful recreational and cultural opportunities that are available and experience a quality of life that provides alpine living at its best, knowing there is an organization that is equipped to potentially save their life should a recreational activity accident occur. Vail Mountain Rescue Group is requesting a cash contribution of $3,000 to fund a swift water rescue training program. VMRG will reserve spots in this course for interested Vail Fire employees VMRG is also requesting a cash contribution of $10,000 for the purchase of a Scan-650 Sector Scanning Sonar designed to search bodies of water during search and rescue. STAFF RECOMMENDATION: Staff recommends funding of $3,000 for a swift water rescue training for VMRG members and Vail Fire employees. The town considers this organization part of emergency response in our area. Staff additionally recommends funding of $6,654 toward the purchase of a Scan-650 Sector Scanning Sonar. (A 3% overall increase in funding from 2023). G. Vail Valley Foundation (VVF) CAPITAL REQUST: $1,000,000 for a reimbursement for the completed Gerald R Ford Ampitheater Solar and Roof project. BACKGROUND INFORMATION: Located in Ford Park, the Gerald R Ford Amphitheater ("GRFA"), is the largest performance venue in Eagle County. The GRFA serves the entire community by providing a venue for diverse musical and artistic programming (both free & paid), and 3rd party events and community events. Community events include graduations, art classes, youth events, celebrations of life and religious events, to name several. The GRFA was opened in 1987 and is in the midst of its 36th season of operation (2023). The Town of Vail and Vail Valley Foundation are partners in the GRFA. The land is owned by the Town of Vail and the venue is owned and operated by Vail Valley Foundation under a long- term lease agreement by and between Town of Vail and Vail Valley Foundation. The proposed capital upgrades to GRFA are not a nice-to-have but a must-have in order for this incredible community asset to continue to live up to the Town of Vail's vision of a premier international mountain resort community. The VVF has expressed their intention to additionally request funds from 2025-2028 for major renovations to the Gerald R Ford Ampitheater. They intend to request $5M from 2024 through 2028. STAFF RECCOMENDATION: Due to the magnititude of this request and the potential impact on General Fund reserves, staff defers the funding decision to the Council. 649 25 H.Small Champions, Inc. INKIND REQUEST: 70 parking vouchers to use on nine off peak Sundays during 2023-2024 ski season, valued at $2,800 (an increase of 5 parking vouchers from the 2022-2023 season); and use of the Welcome Center as a drop off and pick-up location on those nine Sundays. (an increase of one day from the 2022-2023 season). BACKGROUND INFORMATION: Small Champions is requesting an in-kind contribution to support their ski days for special needs children this winter. STAFF RECOMMENDATION: Staff recommends in-kind funding of 70 parking vouchers (of the 70 requested) to be used on nine winter Sundays, valued at $2,800. Staff also recommends the use of the Welcome Center as a drop-off and pick-up location for those nine Sundays. I. Vail Mountaineer Hockey Club BACKGROUND INFORMATION: The Vail Mountaineer Hockey Club is requesting in-kind funding for 14 days at Dobson ice arena valued at $39,900. This includes 12 days for the Sportsmanship Tournament and 2 days for the Avalanche Alumni Weekend. STAFF RECOMMENDATION: Staff recommends in-kind funding consistent with 2023 by providing 14 days of ice time valued at $39,900, subject to approval and coordination with the Vail Recreation District for the ice time. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. J.Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested in-kind funding (valued at $11,400) for 4 days use of Dobson arena for their annual Vail Ski Swap. STAFF RECOMMENDATION: Staff recommends funding the in-kind request consistent with 2023 by providing four days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. K.Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in-kind funding of 10 days use of Dobson valued at $28,500. STAFF RECOMMENDATION: Staff recommends in-kind funding consistent with 2023 by providing 10 days of ice time (out of 10 requested) valued at $28,500 subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. L.Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting an in-kind contribution of 56 parking vouchers valued at $2,240 to be used on each Sunday of training during the 2023-2024 ski 650 26 season at either the Lionshead or Village Parking Structures. STAFF RECOMMENDATION: Staff recommends in-kind funding consistent with 2023 by providing 56 parking vouchers with one-time entry/exit coupons valued at $2,240. M.Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting two employee plus parking passes (valued at $3,700) for the 2023 - 2024 ski season. Foresight provides parking to volunteer guides, half of which drive from Denver who need to be parked and ready to meet their visually impaired participants by 8:30am. Local guides usually take public transportation and/or carpool. Foresight provides challenging recreation opportunities to visually impaired participants (adults and children) and guides. STAFF RECOMMENDATION: Staff recommends providing two employee plus passes as was approved in the past several years (valued at $3,700). N.SOS Outreach BACKGROUND INFORMATION: SOS Outreach is requesting 25 parking vouchers (valued at $1,000) for the 2023 - 2024 ski season to be used by program coordinators hauling gear to and from the mountain for the winter skiing and snowboarding programs for underserved youth. STAFF RECOMMENDATION: Staff recommends providing 25 parking vouchers for the 2023/24 ski season to be used by program coordinators, consistent with 2023. 651 CAPITAL 652 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 Total Sales Tax Revenue: 40,850,000$ 41,667,000$ 42,500,000$ 43,775,000$ 45,088,000$ 2024: Down 1% from 2023 Forecast (Includes estimates to Residences Inn), 2025/2026: 2% increase, 2027/2028: 3% Increase Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 62/38 62/38 Sales Tax - Capital Projects Fund 15,523,000$ 15,833,000$ 16,150,000$ 16,635,000$ 17,133,000$ Sales tax split 62/38 Use Tax 2,040,000 2,081,000 2,123,000 2,165,000 2,208,000 2024 - 2028: 2% Increase Franchise Fee 205,000 209,000 213,000 217,000 221,000 1% Holy Cross Franchise Fee approved in 2019; 2024-2026 based on 2% annual increase; 2023: includes Holy Cross 5- year advancement towards underground utility project Other County Revenue -1,340,000 ---2025: Reimbursement from sharing agencies for Dispatch RMS Replacement Other State Revenue 750,000 ----2024: MMOF grant towards Mobility Hub Design ($750K) Lease Revenue 172,270 172,270 172,270 172,270 180,884 Per Vail Commons commercial (incr. every 5 years) Project Reimbursement 558,562 ---- 2024: Utilize Holy Cross Enhancement Fund for HCE Underground Utility Project Timber Ridge Loan repayment 468,933 468,977 3,537,404 --2026: Payoff of Timber Ridge Loan using proceeds of new Timber Ridge unit sales Earnings on Investments and Other 289,610 166,166 17,278 25,505 18,974 0.7% returns assumed on available fund balance; Total Revenue 20,007,375 20,270,413 22,212,953 19,214,776 19,761,858 Facilities Facilities Capital Maintenance 469,500 265,000 360,000 370,800 381,924 2024 includes: PW 30% roof replacement ($75K), Buzzard Park repairs ($75K), Buzzard Park roof repairs ($50K), transit office windows and doors ($25K), PW overhead garage door ($50K), PW carpet replacement ($50K); 2025 includes: Fire Station II Overhead garage doors ($25K), Library Boiler Replacement ($25K); 2026 includes: Lionshead Transit Center Repairs ($50K), Buzzard Park washer/dryer replacement ($15K); Transit Office carpet replacement ($15K); 2027 includes: Lionshead transit center exterior stain ($45k), Lionshead welcome center 1st floor and Grandview flooring replacement ($100k), PW Shop & Bus Barn Roofing 30% ($75K), PW Shop boiler replacement ($35K), ford park lift station pump ($40K); 2028 includes: Fire Station II Sloped Roof Replacement ($50K), public works administration hot water heater replacement ($40K), vail valley drive lift station ($40k) Municipal Complex Maintenance 260,000 267,800 275,834 284,109 292,632 2024: Municipal Complex Maintenance ($260k); 2025-2028: 3% annual increase Building Energy Enhancement Projects 25,000 25,000 25,000 25,000 25,000 2024 - 2028: Placeholder for energy enhancements specific to Town buildings Public Works Building Maintenance --100,000 --2026: Roof Replacement ($100K) Welcome Center/Grandview Capital Maintenance 25,000 25,000 25,750 26,523 27,318 2024: Furniture upgrades ($25K) moved to unfunded; 2024 - 2028: Annual Maintenance ($25k) Purchase of Employee Rental Units 2,000,000 2,000,000 2,000,000 2,500,000 2,500,000 2024-2028: Placeholder for purchase of TOV employee housing stock Employee Rental Capital Maintenance 150,000 150,000 75,000 75,000 75,000 2024-2028: Capital Maintenance budget for town owned rental units Snowmelt Boilers Replacement 1,000,000 2,500,000 -3,500,000 -2025-2027: Placeholder for replacement of BTU boilers at end of life with more efficient models. Donovan Pavilion Remodel 50,000 -25,000 --2024/2026: Capital Maintenance Placeholders Mountain Plaza Elevator Renovation -100,000 ---2025: Mountain plaza elevator renovation (shared cost with Vail Resorts) Vail Mobility Hub Expansion 1,500,000 -2,000,000 --2024: Design for Vail Mobility Hub (VTRC) Expansion ($750K MMOF match grant); 2026: Placeholder for future grant match to construction expansion Fire Sprinkler Upgrades at Bus Barn 500,000 ----2024: Update Fire Sprinkler system in bus barn to accommodate needs of expanded electric bus fleet ($500k) Total Facilities 5,979,500 5,332,800 4,886,584 6,781,432 3,301,874 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2765 3 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Parking Parking Structures 1,040,000 1,287,000 1,275,000 1,315,000 1,405,000 2024-2028: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Parking Entry System / Equipment ----1,045,500 2028: Placeholder for parking system update Red Sandstone Parking Structure 70,000 -50,000 --2024: $70K structure resealing, 2026: $50K Concrete patch replacement Total Parking 1,110,000 1,287,000 1,325,000 1,315,000 2,450,500 Transportation Bus Shelters 30,000 30,000 30,000 30,000 30,000 2024 - 2028: Bus shelter annual maintenance; 2024: 5 new bus shelters in East Vail at busiest locations ($200k) moved to unfunded. Bus Transportation Management System ----1,000,000 2028: Replacement for Bus Management System Hybrid / Electric Bus Battery Replacement --360,000 -500,000 2026: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; 2028: $500,000 Placeholder for Electric Bus Battery Replacement Bus Camera System --290,000 --2026: Replace current fleet of 33 buses with updated camera surveillance system. In 2026 the camera system will be 11 years old and reaching end of life Electric bus chargers and electrical service rebuild 600,000 ----2024: $600K New charging station placeholders for additional electric buses added to fleet Total Transportation 630,000 30,000 680,000 30,000 1,530,000 Road and Bridges Capital Street Maintenance 1,640,000 1,450,000 1,743,000 1,457,000 2,145,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2024 includes surface seal ($310K); asphalt mill overlay ($550K); Drainage Improvement ($105k) Street Light Improvements 75,000 75,000 80,000 80,000 80,000 2024 - 2025: Annual Town-wide street light replacement ($75K); 2026 - 2028: $80K annual Town-wide street light replacement ($80K) South Frontage Rd Lionshead Medians -----2025/2026: Improvements to the South Frontage Rd Medians in Lionshead moved to Unfunded Neighborhood Bridge Repair --500,000 -- 2026: Kinnickinick East Bridge Rehabilitation Seibert Fountain Improvements --100,000 --2026: Placeholder for pump replacement Roundabout Lighting Project --2,000,000 -- 2026: New lighting at the West Vail roundabout. Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such as traffic cameras ($2M) Neighborhood Drainage Master Plan Update -350,000 ---2025: Develop Town Drainage Master Plan to be consistent with new East Vail Drainage Master Plan & updated rainfall intensities Neighborhood Road Reconstruction ---1,000,000 -2027: East Vail Road Drainage Improvements West Lionshead Circle Crosswalk --100,000 650,000 -2026/2027: $750K for crosswalk at Lionshead place East Vail Interchange Underpass Sidewalk ---750,000 - 2027: Request from the Planning and Environmental Commission to construct a pedestrian sidewalk beneath the East Vail interchange; pedestrian count study at the underpass is recommended to be completed before the start of this project. Project deferred from 2020 to 2027 Vail Village Streetscape/Snowmelt Repair 1,500,000 -1,250,000 --2024 - 2026: Replacement of 18 yr. old streetscape and snowmelt infrastructure (piping) in Vail Village; During 2022 the town installed piping to test and will report back to Council at a later date. Vail Road Sidewalk Construction -100,000 1,000,000 --2025/2026: Sidewalk construction on Vail Rd. between Beaver Dam and Forest Rd. Buffehr Creek Rd Turn lane -----2022: Add a turn lane along South Frontage Rd at Buffehr Creek Rd to accommodate growing traffic needs 2865 4 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Booth Falls Rd Turn lane -----2022: Add turn lanes along South Frontage Rd at Booth Falls to accommodate the growing traffic needs at Vail Mtn School; Expected cost share with VMS (not included above at this time) East Mill Creek Culvert Replacement ---100,000 1,000,000 2027/2028: Replace the metal pipe culvert from Vail Valley drive from Gold Peak to Manor Vail Sandstone Creek Culvert Replacement at Vail View ---100,000 1,000,000 2027/2028: Replace the metal pipe culvert at Sandstone Creek and Vail View Drive Lionshead Streetscape/Snowmelt Replacement (VRA)----- Total Road and Bridge 3,215,000 1,975,000 6,773,000 4,137,000 4,225,000 Technology Town-wide camera system 30,000 50,000 50,000 25,000 25,000 2024-2028: Annual maintenance Audio-Visual capital maintenance 150,000 100,000 50,000 50,000 50,000 Annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; Replacement cycle every 3-5 years CyberSecurity 125,000 125,000 125,000 125,000 125,000 Annual 'Investment in cybersecurity, to keep up with the ongoing changes that are required to maintain a safe and secure computing environment (previously budgeted in software licensing) - $125k Software Licensing 865,000 890,950 917,679 945,209 973,565 Annual software licensing and support for town wide systems (3% Annual Increase) Hardware Purchases 75,000 85,000 85,000 85,000 85,000 2024-2028: Workstation replacements (20-25 per year) Website and e-commerce 70,000 67,500 157,500 67,500 67,500 2024-2028: Annual website maintenance ($60K); 2024: New Website ADA Compliance Tool Implementation ($10K); 2025-2028: Website ADA Compliance Tool Continuation ($7,500); 2026: Placeholder to reevaluate current system and assess the need to upgrade ($90k) Fiber Optics / Cabling Systems in Buildings 50,000 50,000 50,000 50,000 50,000 2024-2028: Repair, maintain & upgrade cabling/network Infrastructure ($50K) Network upgrades 150,000 150,000 125,000 50,000 50,000 Annual Computer network systems - replacement cycle every 3-5 years Data Center (Computer Rooms)150,000 150,000 150,000 150,000 150,000 2024-2028: $150K data center maint Data Center equipment replacement 1,750,000 ----2024: Replacement of data center main stacks ($1.75M) Broadband (THOR)110,000 125,000 125,000 125,000 125,000 2024-2028: Annual Broadband Expenses Business Systems Replacement - 30,000 100,000 30,000 - 2025/2027: $30K every other year for parking system upgrades; 2026: Placeholder for Business System Replacements ($100k) Total Technology 3,525,000 1,823,450 1,935,179 1,702,709 1,701,065 Public Safety Public Safety System / Records Mgmt. System (RMS) - 2,000,000 - - - 2025: Placeholder for records management system update Public Safety IT Equipment 40,000 35,000 35,000 35,000 35,000 Annual Maintenance/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push information to TOV and other agencies; Public Safety Equipment 140,600 140,600 117,000 117,000 117,000 Axon body camera system ($125K in 2024-2025; $102K in 2026-2028); Flock LPR Cameras ($15K annually) Terradyne Public Safety Vehicle 145,000 ----2024: $145,000 for the Town of Vail portion of acquisition of a terradyne armored vehicle for the Eagle County Special Operations Unit (Maintenance cost to be funded by the Town of Avon) Fire Safety Equipment -45,000 51,000 368,000 230,000 2025: $45K knox box system replacement/upgrade; 2026: $16K drone expansion; $35K Extrication Equipment; 2027: Self Contained Breathing Apparatus Replacement ($368k); 2028: Heavy Hydraulic Extrication Equipment Replacement ($130K); Special Rescue Trailer Replacement ($50K); Fire Hose Replacement ($50K) Thermal Imaging Cameras --15,000 -15,860 2026/2028: Placeholders for thermal camera replacement ($15K) 2965 5 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Radio Equipment replacement/expansion 720,000 300,000 ---2024 - 2025: Replacements of radios for fire (approximately 10-15 Years old) Fire Truck Replacement ---1,030,000 -2027: E3 Regular Fire Engine Replacement ($1.0M) Total Public Safety 1,045,600 2,520,600 218,000 1,550,000 397,860 Community and Guest Service Energy Enhancements 52,500 110,000 138,000 264,000 200,000 2024-2028: Installation of EV stations to meet increased demand. There is potential for grants to offset the initial capital cost of the equipment and installation Pedestrian Safety Enhancements -200,000 2,000,000 --2025/2026 Pedestrian Improvements through Main Vail Underpass Bollard Installation Project ----2024/2025: Installation of retractable and standard bollards throughout the Vail Village and Ford Park; possible additional grant opportunities in 2024/2025) moved to Unfunded Civic Area Redevelopment- Dobson -50,350,000 ---2025: Placeholder for Civic Area Redevelopment / Dobson Underground Utility improvements 1,700,000 ----2024: Underground HCE from Main Vail to East Vail in conjunction with fiber conduit ($1.7M) offset by reimbursement above Guest Services Enhancements/Wayfinding --800,000 1,200,000 1,200,000 2023: Re-appropriate $153K to for wayfinding sign project, final vendor decision pending; 2023: Updated Parking and Transit signage; 2026: VMS Replacements; 2027: Updated Wayfinding Signage Program Vehicle Expansion 133,000 -60,000 --2024: 2 PD take-home vehicles, final stage of program implementation ($133k); 2026: Additional Vehicle for Deputy Chief of Community Risk Reduction Position ($60k) Total Community and Guest Service 1,885,500 50,660,000 2,998,000 1,464,000 1,400,000 Total Expenditures 17,390,600 63,628,850 18,815,763 16,980,140 15,006,300 Other Financing Sources (Uses) Debt Service Payment (1,158,592) (1,157,048) (1,155,240) (1,153,620) (1,200,000) Debt Payment for PW Shops Transfer from Vail Reinvestment Authority 200,000 14,745,870 6,433,304 6,485,961 6,902,702 2024: Lionshead Parking Structure Maintenance ($200K); 2025/2026: Improvements to S. Frontage Rd Medians ($200K); 2025 - 2028: Dobson Transfer to Residences at Main Vail -----2023: Re-appropriate transfer to Residences at Main Vail Fund for funding beyond bond proceeds and to cover annual debt service payments Transfer to Housing Fund (2,500,000) (2,500,000) (2,500,000) (2,500,000) (2,500,000) 2023-2028: $2.5M Transfer to Housing Fund Transfer to Marketing Fund -----Transfer from Marketing Fund for Après Tent Transfer from General Fund -11,000,000 ---2025: Transfer from General Fund towards Dobson Transfer to General Fund --(5,000,000) (6,000,000) -2026-2027: Repayment of funds to General Fund for Dobson Total Other Financing Sources and Uses (3,458,592) 22,088,822 (2,221,936) (3,167,659) 3,202,702 Revenue Over (Under) Expenditures (841,817) (21,269,615) 1,175,254 (933,024) 7,958,260 Beginning Fund Balance 24,579,772 23,737,955 2,468,340 3,643,594 2,710,570 2024 Beginning fund balance is based off of a 2023 forecast incorporating YTD revenue collections and project savings. Ending Fund Balance 23,737,955 2,468,340 3,643,594 2,710,570 10,668,830 3065 6 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 Revenue Real Estate Transfer Tax 7,000,000$ 7,000,000$ 7,140,000$ 7,283,000$ 7,429,000$ 2024: 1.4% Decrease from 2023 Forecast; 2025 flat; 2026-2028 2.0% annual increase Golf Course Lease 175,151 176,903 178,672 180,458 182,263 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" below Intergovernmental Revenue 270,000 30,000 30,000 30,000 30,000 2024-2028: $30K lottery proceeds used annual for park projects; 2024: $240K CDPHE Grant for water quality projects Project Reimbursements 75,000 - - - - 2024: Evergreen Redevelopment Project Reimbursement for Middle Creek Restoration Fund Recreation Amenity Fees 10,000 10,000 10,000 10,000 10,000 $10K annually Bag Fees 50,000 50,000 50,000 50,000 50,000 Utilize bag fee funds for Clean-Up day events. Earnings on Investments and Other 68,667 58,688 51,623 35,771 33,019 2024-2028: 0.7% return assumed Total Revenue 7,648,818 7,325,591 7,460,295 7,589,230 7,734,282 Expenditures Management Fee to General Fund (5%)350,000 350,000 357,000 364,150 371,450 5% of RETT Collections - fee remitted to the General Fund for administration Wildland Forest Health Management 694,275 728,989 765,438 803,710 843,896 Operating budget for Wildland Fire crew Wildland Fire Equipment - - - 13,000 53,800 2027: Wildland hose; 2028: VHF radio replacement Wildfire Mitigation 10,000 10,000 10,000 10,000 10,000 2024-2028: $10K annually to support wildfire mitigation projects as identified in the 2020 Vail Community Wildfire Protection Plan Fire Free Five - Rebate Program 100,000 100,000 - - - 2024-2025: $200K annually for the Fire Free Five Community Assistance Program provides funding to community members for the implementation of defensible space within the first five feet of the building Wildland Fire Shelter 17,500 - 17,000 - - 2024: $17.5K To purchase a wildland shelter safety device; 2026: $17K Placeholder for wildland shelter safety Fire Free Five - TOV Implementation 50,000 - - - - 2024: Continuation of Fire Free Five at TOV facilities Total Wildland 871,775 838,989 792,438 826,710 907,696 Parks Annual Park and Landscape Maintenance 2,382,595 2,402,635 2,454,073 2,474,714 2,527,695 Annual: Ongoing path, park and open space maintenance, project mgmt. Includes trail host program ($20K) Park / Playground Capital Maintenance 179,000 186,500 169,000 170,000 169,000 Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance Tree Maintenance 125,000 85,000 85,000 85,000 85,000 Annual on going pest control, tree removal and replacements in stream tract, open space, and park areas Street Furniture Replacement 35,000 35,000 35,000 35,000 35,000 Annual street furniture replacement Ford Park Lower Bench Turf/Irrigation - 300,000 - - - 2024: $300K Replacement of worn turf grass area and inefficient irrigation system Ford Park Playground Improvements 268,000 - 300,000 - - 2024: Completion of safety improvements to the Ford Park play area; Safety Improvements to the Ford Park play area including wooden bridge to boulder area, expansion to toddler area, ADA upgrades, and replacement of a safety net; 2026: Renovation of Western half wooden structure from mid 1980's ($300K) Ford Park Picnic Shelter - - 350,000 - - 2026: Replace Ford Park picnic shelter Ford Park Master Plan Capital Design 200,000 - - - - 2024: Design for ADA compliant routes and Tennis Center renovation Turf Grass Reduction 150,000 - - - - 2024: Continuation of Turf Grass Reduction projects at Main Vail and West Vail Roundabouts and Municipal Building Playground Restroom Replacements - - - 400,000 - Replace modular restroom building at Bighorn Park (2027) Kindel Park/Mill Creek - - - - - 2025: Improvements to heavily worn streamtract between Hanson Ranch and Pirateship Park- Project already in design; riparian planting and improved pedestrian circulation along Mill Creek corridor ($100k) TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 3165 7 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND Willow Park Drainage Improvements - - 125,000 - - 2026: Improvements to drainage and inefficient irrigation system Pirateship Park Improvements 300,000 - - - - 2024: Safety improvements: replace wood siding and add climber Donovan Park Playground Safety Improvements - - 275,000 - - 2026: Replace decks, worn equipment , etc. Gore Creek Promenade Rehabilitation - 750,000 - - - 2025: Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket Park (Deferred from 2023) Lionshead Skate Park Capital Maintenance - 50,000 - - 2025: Replacement of Lionshead skate park fencing ($50K) reimbursed by the Vail Reinvestment Authority Slifer Fountain Feature Four Repair 75,000 - - - - 2024: Repair plumbing leak in feature supply line in Slifer Plaza ($75k) Buffehr Creek Park Safety Improvements - - - - 400,000 2028: Replacement 20-yr old playground equipment with custom build deferred from 2025 to 2028, budget increased from $350K to $400K Ellefson Park Safety Improvements - - - 350,000 - 2027: Replacement 15-yr old playground equipment with custom build (deferred from 2025 to 2027, budget increased from $300K to $350K) Total Parks 3,714,595 3,809,135 3,793,073 3,514,714 3,216,695 Rec Paths and Trails Rec. Path Capital Maintenance 150,000 85,000 85,000 85,000 85,000 Annual Capital maintenance of the town's recreation path system ($85k); 2024: Recreation path improvements ($65k) Recreation Path Safety Improvements 75,000 - - - - 2024: Design of recreation path safety improvements ($75K) Bike Safety 10,000 10,000 10,000 10,000 10,000 $10K annual cost for bike safety programs Pedestrian Bridge Projects 550,000 - - - 400,000 2024-2028: Systematic rehabilitation or replacement of 5 pedestrian bridges; 2024: Re-appropriate $333K for pedestrian overpass and add $550k based on bids received this Spring; 2025: ERWSD Bridge moved to unfunded; 2028: Placeholder for bridge replacements Pedestrian Connectivity Projects - - - - - 2024: SFR to Dobson moved to unfunded; 2027: Donovan to Cascade on SFR moved to unfunded Gore Valley Trail Reconstruction - 80,000 - 80,000 - 2025/2027: Placeholders for Gore Valley Trail Maintenance Gore/Deluge Lake Trailhead Parking/Restroom - - - - - 2025: Improvements to the Gore Creek/Deluge Lake trailhead on USFS property to improve parking, safety, traffic flow and addition of a restroom facility moved to unfunded Portalet Enclosures 45,000 - - - - 2024: Continuation of 2023 project to design and construct screening/enclosures on trailhead port-a-lets Bighorn Trailhead improvements - - - - 250,000 2028: Improvements to the parking area at the Bighorn Trailhead to include acquisition of easements, improved trail entry, additional parking spaces and restroom facility to south side of I-70 Total Rec Paths and Trails 830,000 175,000 95,000 175,000 745,000 Recreational Facilities Nature Center Operations 112,654 116,033 119,514 121,905 124,343 Nature Center operating costs(Contract with Walking Mountains) Nature Center Capital Maintenance 8,064 26,291 4,990 14,098 - 2024: path and walkway repairs ($8.1K); 2025: signage ($16.6K); regravel access road ($9.8K); 2026: benches and tables ($5.0k); 2027: Slope roofing ($14.1K) Total Recreational Facilities 120,718 142,324 124,504 136,003 124,343 Environmental Environmental Sustainability 834,708 855,443 898,216 964,126 990,283 Annual operating expenditures for Environmental department (4.25 FTEs); includes $50K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.; $14k sustainability intern, $14K Waste Education intern; $14K Water Quality Intern Recycling and Waste Reduction Programs 95,500 100,275 105,289 110,553 116,081 2024: Continue Compost Residential Expansion ($15k); Love Vail Website ($8k); Recycling and Composting Hauls to Eagle County ($25k); Recycling Compliance and Education ($7.5k); Actively Green ($40k) 3265 8 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND Ecosystem Health 234,017 235,218 246,979 259,328 272,294 2024: CC4CA Retreat Host Community ($18k); Open Lands Plan Implementation ($32k); Strategic Plan Rollout / Completion ($10k); Sustainable Destination Recertification & Fees ($20k); Sustainable Destination Reporting, Travel, Program ($25k); USFS Front Ranger Program ($29k); Wildlife Habitat Improvements, Wildlife Forum ($100k) Energy & Transportation 122,500 102,375 107,494 112,868 118,512 2024-2028: Energy Smarts ($40K); Sole Power ($5K); Sole Power App ($50K); Greenhouse Gas Inventory ($25K); Energy-related education and outreach ($2.5K) E-Bike Programs 243,000 255,150 267,908 281,303 295,368 2024 - 2028: Town of Vail E-bike share program ($225K); E-Bikes for Essentials Ownership Program ($18K) Streamtract Education/Mitigation 30,000 30,000 30,000 30,000 30,000 2024 - 2028: Annual streamtract education programming such as "Lunch with Locals" landscape workshops ($50k), City Nature Challenge and storm drain art; 2023: Re-appropriate $5.9K for continuation of "ten feet for the creek" campaign, $500 reimbursement for sustainable landscape. Water Quality Maintenance 285,000 216,300 222,789 229,473 236,357 2024-2028: Annual cleaning and draining of frog gutter bins ($150k) and water quality vaults ($60k); 2024: Placeholder for updated water quality study ($75K) Middle Creek Restoration Fund 75,000 - - - - 2024: The Evergreen redevelopment project is required to provide a restoration plan for Middle Creek. The property is owned by the Town of Vail. The Town will fund the restoration plan and be reimbursed by the developer. Private Streambank Mitigation Program 80,000 50,000 50,000 50,000 50,000 2024 - 2028: Private Streambank Mitigation Program Energy Efficiency Performance Contract 150,000 - - - - 2024: Placeholder for an energy audit to facilitate an Energy Efficiency Performance Contract. Welcome Center Educational Displays - - 150,000 - - Steward Vail educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMD; 2026: Placeholder to update Welcome Center displays ($150k) Total Environmental 2,149,725 1,844,761 2,078,673 2,037,651 2,108,894 Art Public Art - Operating 190,663 200,196 210,206 220,716 231,752 Art in Public Places programming and operations Public Art - General program / art 60,000 60,000 60,000 60,000 60,000 Annual funds purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. ($60k) Public Art - Winterfest 30,000 30,000 30,000 30,000 30,000 Annual Winterfest Programming ($30K) Artist In Residency - Operating 30,000 62,500 62,500 62,500 62,500 2024 - 2028: Operating costs for artist in residency program utilizing the new Art Space Artist In Residency - Capital Art Acquisitions 20,000 37,500 37,500 37,500 37,500 2024 - 2028: Capital art acquisition costs associated with artist in residency program. Total Art 330,663 390,196 400,206 410,716 421,752 Community Council Contribution: Betty Ford Alpine Garden Support 79,195 76,142 76,142 76,142 77,665 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase Council Contribution: Eagle River Watershed Support 42,000 42,840 42,840 42,840 43,697 Annual support of the Eagle River Watershed Council programs Council Contribution: Trail Alliance 17,500 - - - - 2024: Adopt A Trail Council Contribution for trails in or bordering the Town Total Contributions 138,695 118,982 118,982 118,982 121,362 VRD-Managed Facilities & Maintenance Recreation Enhancement Account 175,151 176,903 178,672 180,458 182,263 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance Recreation Facility Maintenance 22,000 22,000 22,000 22,000 22,000 Annual $22K for general RETT facility maintenance Golf Clubhouse 13,708 131,323 64,060 - 58,319 2024: Heat tape replacement ($13.7K); 2025: circulation pumps ($98.0K), clubhouse parking lot mill & overlay ($23.9K), clubhouse signage ($9.4K); 2026: Stucco/stone ($37.3K), wood trim ($26.8K); 2028: Clubhouse exterior door replacement ($32.2K), Clubhouse parking lot mill & overlay ($26.2K) 3365 9 Included in Project Narratives New Project Increase in Cost/Expanded Programs Project Timing changed from prior 5-year plan Moved to Unfunded Change since Town Manager Draft 2024 2025 2026 2027 2028 TOWN OF VAIL PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND Golf Course - Other 22,020 3,954 237,660 169,325 33,359 2024: Maintenance building Gas Fired Heater ($6.5k); Maintenance building overhead radiant heating ($12.9k); Maintenance building wood privacy fencing ($2.7k); 2025: Maintenance building asphalt driving and parking area; 2026: Maintenance building streambank restoration ($234.1K) exterior doors ($3.5K); 2027: Split costs: 1st hole path planking ($77.6K); 1st hole bridge planking and stone veneer ($53.4K); 2nd hole bridge planking ($14.2K), 11th hole ped bridges ($18.9K); 2028: Maintenance building stucco ($25.2K), Maintenance building asphalt ($4.7K), Maintenance building wood privacy fencing ($3.4K) Drainage Improvements & Fence near Golf Maintenance Building 295,410 - - - - 2024: Drainage and grading improvements and fence repair near golf maintenance building ($295K) Dobson Ice Arena 17,336 118,815 - - - 2024: Wood trim repairs ($11.3), chemical feed system repairs ($6.0K); 2025: Boiler and circulation system ($77.2K), Water filtration issues ($27.6K); Exhaust Stacks ($3.7K) Ford Park / Tennis Center Improvements 13,261 54,166 1,462,552 - - 2024: Furnace, hot water tank, baseboards replacement ($13.3K); 2025: Wood siding and windows ($54.2K); 2026 includes a rebuild of tennis courts, retaining walls, and court fencing Athletic Fields 9,362 99,319 - 26,704 - 2024: Asphalt parking lot repairs ($9.3K); 2025: Asphalt parking lot ($99.3K); 2027: Asphalt parking lot repairs ($11.1K), wood structure paint ($9.3K), wood trim, post, & beam repair ($6.2k) Gymnastics Center - 59,041 - - - 2025: Furnace ($27.6K), Elevator ($27.6K); concrete stairs and walkways (3.0K) Total VRD-Managed Facilities & Maintenance 568,248 665,520 1,964,944 398,487 295,941 Total Expenditures 9,074,419 8,334,907 9,724,821 7,982,413 8,313,132 Revenue Over (Under) Expenditures (1,425,600) (1,009,317) (2,264,526) (393,184) (578,851) Beginning Fund Balance 9,809,609 8,384,009 7,374,692 5,110,166 4,716,982 2024 Beginning fund balance is based off of a 2023 forecast incorporating YTD revenue collections and project savings. Ending Fund Balance 8,384,009$ 7,374,692$ 5,110,166$ 4,716,982$ 4,138,132$ 3466 0 2023 Forecast 2024 2025 2026 2027 2028 Revenue Housing Sales Tax 5,100,000$ 4,950,000$ 5,099,000$ 5,252,000$ 5,462,000$ 5,680,000$ Transfer in from Capital Projects Fund 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Transfer in from General Fund 1,200,000 - - - - - CDOT Land Value repaid - - - 1,715,000 - - Workforce Housing Sales 419,000 - - - - - Total Revenue 9,219,000 7,450,000 7,599,000 9,467,000 7,962,000 8,180,000 Expenditures Housing Programs InDeed Program 5,112,089 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Buy Down Housing 72,683 - - - - - Future Purchases 775,000 - - - - - Construction Housing Projects Timber Ridge Redevelopment Placeholder 695,000 - - - - - W. Middle Creek Development Placeholder 500,000 - 10,000,000 - - Residences at Main Vail Opportunity Fee 2,000,000 - - - - - Land Purchases for future Housing CDOT Parcel Acquisition Placeholder 7,635,000 - - - - - Eagle-Vail Parcel Placeholder 50,000 - - - - - Total Expenditures 16,839,772 2,500,000 12,500,000 2,500,000 2,500,000 2,500,000 Operating Income (7,620,772) 4,950,000 (4,901,000) 6,967,000 5,462,000 5,680,000 Transfer to Timber Ridge- Site and Podium - (9,000,000) 5,000,000 4,000,000 - - Beginning Fund Balance 13,099,153 5,478,381 1,428,381 1,527,381 12,494,381 17,956,381 Ending Fund Balance 5,478,381$ 1,428,381$ 1,527,381$ 12,494,381$ 17,956,381$ 23,636,381$ HOUSING FUND TOWN OF VAIL PROPOSED 2024 PROPOSED FIVE YEAR BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE 3566 1 UNFUNDED **Costs are only estimates**RETT Capital Projects Fund Description West Vail Master Plan Projects Municipal Building Remodel 30,000,000 Civic Area Plan Implementation A variety of funding & financing mechanisms are available depending on projects identified Main Vail Round-about Major Reconstruction 3,600,000 Recent paving and I-70 Underpass project will extend the life of current roundabouts West Vail Round-about Major Reconstruction 1,000,000 Recent paving and I-70 Underpass project will extend the life of current roundabouts Road Reconstruction 1,100,000 Major improvements to various Vail roads that are reaching end of life (25-35 years) and possible expansion of cul-de-sacs Booth Falls Turn Lane 1,000,000 Turn Lane added due to increased enrollment at VMS; pending cost share with VMS Buffehr Creek Turn Lane 1,000,000 Turn Lane to Accommodate growing traffic needs Community Ice Skating Outdoor community ice at some of Vail parks such as Donovan PW Housing 6,000,000 Employee housing at Public Works site Future stages of PW Shops Master Plan Nature Center 6,000,000 Permanent Location for the Children's' Garden of Learning 12,000,000 Estimated Cost to for new CGL facility ; projection for illistrative purpose only Electric Snowmelt Boilers Building Energy Efficiencies Library Energy Effecieny Project LionsHead Parking Structure East Entry Improvements 3,600,000 Does not add spaces, but brings remainder of structure up to standards of new transit center and current codes; enhances guest experience; includes heated stairways on east side- will not be funded until the Civic Area Plan is complete Gore Valley Trail near the Lionshead gondola 2,300,000 Outcomes from the Ford Park Master Plan Electronic Directories in Villages Information and wayfinding Kiosks in Lionshead and Vail Village Electronic car charging stations in parking structures High powered charging stations in the parking structures - costs and grants being researched Nature Center Redevelopment DESIGN 400,000 Gore/Deluge Lake Trailhead Parking/Restroom 400,000 Kindel Park / Mill Creek Improvements 250,000 Worn Streamtract between Hanson Ranch and Pirateship Park- Project already in design; riparian planting Red Sandstone Park Picnic Shelter 75,000 Modest 12'x12' shelter near volleyball court deferred from 2022-2024 ERWSD Bridge 400,000 Pedestrian Connectivity: SFR to Dobson 600,000 Pedestrian Connectivity: Donovan to Cascade on SFR 600,000 East Vail Interchange Trailhead parking lot expansion 300,000 Vail Village Bollard Installation 650,000 Possible Grants Ford Park Bollard Installation 650,000 Possible Grants Bus Shelter Improvements (East Vail)200,000 Total 11,325,000 67,400,000 Eligible for funding from 3666 2 PROJECT NARRATIVES 663 CAPITAL PROJECTS FUND Data Center Main Stacks Replacement 2024 Project: Data Center Main Stacks Replacement Location: TOV Data Center Budget: Narrative: The main stacks of data center equipment are due for replacement. For this purchase, we will put out an RFP to ensure we are getting the best pricing and support for our investment. We are proposing to replace both the primary infrastructure stack – the Dell VXRail system – as well as improve our backup/recovery solution to a product called Rubrik. Rubrik is the best available backup solution to mitigate against Ransomware attacks, of which the town is a target. Initial cost estimates are approximately $1M for the VXRails and $500K for the Rubrik backup/recovery system. We are including an additional $250K for implementation and support costs that could become necessary. These replacements are not optional, nor can they be deferred, because the current equipment will be 6 years old in 2024, and we can no longer extend Dell support. If something were to happen to this old hardware, we’d have no technical expertise from the vendor available to help us recover from the issue. Town Council Priority: Experience – ensures that all IT applications and software is hosted on up-to-date and properly supported equipment. Without this assurance, town staff may not be able to support the needs of our residents, guests, and community. Economy – by using the best available system to mitigate the possibility of a Ransomware attack, we are protecting the town’s critical systems (Finance, HR, Records Management) from potential malicious attacks, and enables a rapid and effective recovery in the event of an attack. 2024 2025 2026 2027 2028 Capital Cost $1,750,000 $0 $0 $0 $0 Replacement Year 2029 37 664 CAPITAL PROJECTS FUND Electric Bus Chargers 2024 Project: Electric Bus Chargers Location: TOV Bus Barn Budget: Narrative: This project is the charging equipment that is required for the new battery electric buses. The Town will have 8 new buses arriving in 2024. These chargers are needed to keep the fleet charged. Bus chargers are required to be installed in the bus barn. The backbone infrastructure is in place. This includes the cost of 3 charging cabinets and 6 dual port dispensers as well as installation from the electrical panel to the placement in the barn. The $600k in new funds being requested are in addition to $397k appropriated in 2023. The total capital cost across 2023 and 2024 is partially offset by grant revenue. There is a total of $616,330 in grant funding awarded to this project over 3 separate grants: VW Settlement ($255,728 - no local match), Congressional Directed Spending ($179,480 - no local match), and FTA Bus and Bus Facilities ($181,122-20% local match). Town Council Priority: Experience and Environmental Timeline: Order placement will occur in late 2023 for delivery and installation prior to new bus arrival in May 2024. Photo: Note: New chargers will utilize a different system design than existing chargers. 2024 2025 2026 2027 2028 Capital Cost $600,000 Annual Maintenance Cost $ 80,000 Utilities Cost Electric cost offset by reduction in diesel fuel cost Replacement Year 2034 38 665 CAPITAL PROJECTS FUND Terradyne Public Safety Vehicle 2024 Project: Location: Terradyne Public Safety Vehicle Housed in Avon for shared use by participating agencies Budget: Narrative: The Eagle County Special Operations Unit seeks to enhance its operational capabilities by acquiring an armored vehicle. The proposed Terradyne armored vehicle would significantly bolster our ability to respond effectively to high-risk situations, ensuring the safety of both officers and citizens. The collaborative effort involving multiple towns within Eagle County reflects a shared commitment to maintaining public safety and strengthening law enforcement response. In today's evolving threat landscape, law enforcement agencies face challenges that require advanced equipment and resources. The acquisition of an armored vehicle is vital to ensure the safety of officers and the community during critical incidents involving armed suspects, hostage situations, and active shooter scenarios. The proposed Terradyne armored vehicle is a strategic investment that will significantly enhance the Eagle County Special Operations Unit's ability to respond to high-risk situations. This armored vehicle is engineered to withstand various threats and provides a secure platform for officers to approach and resolve dangerous situations. Its capabilities include mobility across different terrains, ballistic protection, and advanced communication systems. The vehicle cost will be split among the agencies that participate on the team based on a percentage of their overall budgets. Eagle County, the Town of Avon, Town of Eagle, and the Town of Vail would be splitting the cost for the purchase. The Town of Avon will pay for the maintenance of the vehicle. Benefits: Enhanced Officer Safety: The armored vehicle will provide a secure platform for officers to engage with dangerous suspects while minimizing risks to their safety. Community Protection: The vehicle's capabilities will ensure a more effective response to critical incidents, protecting officers and citizens. Versatile Deployment: The Terradyne armored vehicle can navigate diverse terrains and environments, ensuring rapid and effective responses in various scenarios. Collaborative Approach: The joint funding model demonstrates the commitment of multiple towns within Eagle County to support and strengthen law enforcement capabilities. 2024 2025 2026 2027 2028 Capital Cost $145,000 $0 $0 $0 $0 Annual Maintenance Cost None – Would be paid by Town of Avon 39 666 Crisis Resolution: The presence of an armored vehicle can contribute to the swift resolution of high-risk situations, minimizing the potential for prolonged disruptions. The acquisition of the Terradyne armored vehicle represents a significant step towards enhancing the Town of Vail Police Department's operational capabilities. This investment will ensure the safety of our officers and the community while responding to critical incidents. Based on proportional budget allocations, the collaborative funding approach underscores the shared commitment of multiple towns within Eagle County to strengthen public safety resources. Town Council Priority: Community 40 667 CAPITAL PROJECTS FUND Vail Mobility Hub Design 2024 Project: Vail Mobility Hub Design Location: Vail Transportation Center Budget: Town Council Priority: Experience, Environmental Provides an improved community and guest experience for those who use transit. It encourages transit ridership, reducing vehicle trips and emissions, by providing a facility with the necessary capacity to increase ridership to Vail. Narrative: The purpose of this project is to design an expanded Vail Mobility Hub at the Vail Transportation Center. The Town received a $750,000 grant (50/50 match) to begin the design of an expanded mobility hub. Moving forward with the design phase of this project is necessary in order to be ready for construction in 2026. CDOT has planned an additional $6M+ within the next few years to go towards the construction of this project, which will likely provide matching grant funding for this project. Anticipated improvements include capacity expansion, accommodations of new technology, and future AGS connection. Timeline: 2024 2024 2025 2026 2027 2028 Capital Cost $1,500,000 $0 $2,000,000 $0 $0 Maintenance Yes, Expanded Building Utilities Yes Expanded Building Replacement 40+ Years 41 668 CAPITAL PROJECTS FUND Mountain Plaza Loading Dock Elevator Renovation 2025 Project: Mountain Plaza Loading Dock Elevator Locations: TOV Budget: Narrative: The Town of Vail has a long-term agreement with Vail resorts concerning the Vail Plaza Loading Dock. The Town of Vail is responsible for 60% of the cost of operation and maintenance. This includes the two elevators which access the dock. The elevators are nearing the point of renovation of the doors is required for proper operation. The cost to renovate the doors is estimated at $161,000 in today’s quote. The Town’s share is estimated to be $100,000. Town Council Priority: Community, Experience, Economy Timeline: May of 2025 2024 2025 2026 2027 2028 Capital Cost $0 $100,000 $0 $0 $0 Replacement Year 2030 42 669 CAPITAL PROJECTS FUND Vail Village Snowmelt Infrastructure Replacement 2024 Project: Vail Village Snowmelt Infrastructure Replacement Location: Vail Village Budget: Narrative: The purpose of this project is replacing aging snowmelt infrastructure (mains, laterals, manifolds & zones) within the Vail Village. Leaks and rust have plagued the system over the past 18-years. The project will include to replacing steel mains, and joint fittings. This does not include boiler replacement, which is a separate item within the 5-year plan. Town Council Priority: Experience and Economy This project will mitigate existing leaks within the vail village snowmelt system at connection joints. This allows the system to be run at more efficient temperatures, saving operation costs, and maintaining a safe snow free walking surface in the village that guests are accustomed to. Timeline: 2024-2026 2024 2025 2026 2027 2028 Capital Cost $1,500,000 $0 $1,250,000 $0 $0 Maintenance No Increase Utilities No Increase Replacement 25+ Years 43 670 REAL ESTATE TRANSFER TAX AIPP Artist in Residency 2024 Project: Artist Residency Studio Programming Locations: Ford Park Lower Bench at Art Residency Studio (to be constructed in 2024) Budget: Narrative: This project includes the anticipated costs for the year-round artist residencies, programming, acquisition of temporary and permanent works of art directly related to the Artist Residency Studio. These costs include: public events, artist engagements, artist talks, artist demonstrations, photography, artist stipend, lodging, travel, artist materials and supplies, installation and deinstallation of art, exhibits, acquisitions, marketing, printed collateral, advertising, and signage for a robust and successful Artist Residency. AIPP is at a turning point with the overall strategic vision for the program centered around the Artist Residency Studio and Programs which will enable Vail to achieve the status of having a credible visual arts program with a dedicated space for creating art. Town Council Priority: Community, Experience, Economy Timeline: Anticipated Construction 2024. AIPP plans to host another summer residency without the physical studio space built, as well as the installation of an acquired work from the 2023 residency. Photo: 2024 2025 2026 2027 2028 Capital Cost & Programming $50,000 $100,000 $100,000 $100,000 $100,000 Replacement Year 2030 44 671 REAL ESTATE TRANSFER TAX Energy Efficiency Performance Contract 2024 Project: Energy Efficiency Performance Contract Locations: TOV Owned Facilities Budget: Narrative: The Town of Vail has carbon emissions reductions goals of 50% by 2030 and 80% by 2050. As such, municipal emissions must be decreased. This requires investments in facilities to improve their energy efficiency. An Energy Performance Contract (EPC) is a State of Colorado Energy Office program to raise funding for the needed capital improvements. The EPC conducts an energy audit of all the town’s facilities and then determines which energy conservation measures (ECMs) would be beneficial. The utility savings from those ECM’s are guaranteed and are used to pay back the program for the capital costs over time. The $150,000 requested is for the Energy Audit portion of the EPC, after which the capital funds for projects can be secured through the program. This is an expeditious way to bundle many needed energy savings projects into a single package and achieve the town’s climate action goals while enhancing and improving the performance of its facilities. The town underwent an EPC in 2012, and a 10-year interval is appropriate for a new EPC. Town Council Priority: Environmental This project will help the Town meet its environmental goal of reducing carbon emissions 50% by 2030, and 80% by 2050. Timeline: An energy audit will occur in 2024, after which capital projects will start. 2024 2025 2026 2027 2028 Capital Cost $150,000 Replacement Year n/a 45 672 REAL ESTATE TRANSFER TAX Ford Park Master Plan Capital Design 2024 Project: Ford Park Master Plan, Design of Capital Improvements Locations: Ford Park Budget: Narrative: This funding request is to provide a placeholder budget preliminary design of capital improvements that will be derived from the current Ford Park Master Plan Update. These improvements requiring preliminary design may include, but are not limited to, ADA pedestrian routes, Tennis Center/Welcome Center Remodel and an internal ADA shuttle system. Town Council Priority: Community, Experience, and Economy Ford Park is the premier community park in Vail and a significant part of the experience that brings guests to town, which helps to improve the economy of Vail. Timeline: Spring – Summer 2024 Photo: 2024 2025 2026 2027 2027 Capital Cost $200,000 $0 $0 $0 $0 Replacement Year n/a 46 673 REAL ESTATE TRANSFER TAX Ford Park Playground Safety Improvements 2024 Project: Ford Park Playground Improvements Locations: Ford Park Playground Budget: Narrative: In the 2023 Five Year Capital/RETT Budget, funds were allocated in 2023 and 2026 for improvements to the Ford Park Playground. No work was completed in 2023 other than an engineering evaluation of the existing structures. Ford Park play area has some of the oldest play structures and equipment in the town having been built in 1988 with a major renovation in 1999. Small renovations have occurred over the past 24 years. One of the major needs of the park is to rectify a safety situation where a large suspension bridge overhangs boulder walls. In addition, there are ADA compliance needs, replacement of worn-out equipment, and the replacement of some older structures including the toddler play area. Staff’s long-term recommendation is to reconstruct/renovate the walls, several play structures and possibly the bridge. However, at this time staff proposes less costly safety and structural improvement during 2024 that will improve compliance until additional funds can be budgeted. This project would utilize 2023 funds anticipated to be re-appropriated and add $268,000 to the 2024 budget for a budget total of approximately $490,000. Design work will occur during the winter, with construction beginning in the spring of 2024 to be ready for the summer season. Town Council Priority: Community and Experience The Ford Park playground is one of the most popular play areas in Vail, located in iconic Ford Park. The purpose of this project is to ensure the 25- to 35-year-old playground remains safe and well-maintained. Providing high-quality play areas has long been a standard for the Town of Vail and improves community connections, and visitor experience. Timeline: Spring 2024 Photos: 2024 2025 2026 2027 2028 Capital Cost $268,000 $ 0 $0 $0 $0 Replacement Year 2045 47 674 REAL ESTATE TRANSFER TAX Pirateship Park Playground Safety Improvements 2024 Project: Pirateship Park Playground Safety Improvements Locations: Pirateship Park Budget: Narrative: Pirateship Park was renovated with a new play sculpture in 2008. It is well-used in both summer and winter months. While generally in good shape, some of the siding, decking, and components are worn and should be replaced. It should also be re-painted/re-stained. The climbing handholds on the east side of the ship have resulted in significant wear on the siding and staff suggests replacing the handholds with a different type of climber that will not wear on the siding. Design work will occur during the winter, with construction beginning in the spring of 2024 to be ready for the summer season. Town Council Priority: Community, Experience The Pirateship playground is one of the most popular play areas in Vail, located in busy Vail Village and adjacent to the Eagle Bahn gondola. The purpose of this project is to ensure the playground remains safe and well-maintained. Providing high-quality play areas has long been a standard for the Town of Vail and improves community connections, and visitor experience. Timeline: Spring 2024 Photos: 2024 2025 2026 2027 2028 Capital Cost $300,000 $0 $0 $0 $0 Replacement Year 2045 48 675 REAL ESTATE TRANSFER TAX FUND Recreation Trail Safety Improvements 2024 Project: Recreation Trail Safety Improvements Locations: Gore Valley Trail/North Recreation Path Budget: Narrative: Vail’s recreation trails are increasingly busy. There have been a number of close calls and some collisions on the trails. These funds would be used specifically to fund minor improvement projects and/or design work for larger projects. These items could include widening pavement, improving sight distance, signage, walls to widen shoulders, etc. Town Council Priority: Community: Safety on our recreation trails is a community-wide issue. Experience: We have received a number of complaints about speed and lack of courtesy. Improving the trails will improve resident and guest experience. Timeline: Spring/Summer 2024 Photo: Sample of clearing sight lines, before and after: 2024 2025 2026 2027 2028 Capital Cost $ 70,000 $0 $0 $0 $0 Replacement Year n/a 49 676 REAL ESTATE TRANSFER TAX FUND Slifer Fountain Feature Repairs 2024 Project: Slifer Fountain Feature Repairs Locations: Slifer Plaza Budget: Narrative: This funding request is to repair leak in the water line which supplies water to multiple water features. Town Staff noticed higher than normal water consumption in the fountain and narrowed the issue down to this feature. The fountain is out of warranty from the 2020 reconstruction. Town Council Priority: Environmental - Fountain leaks are an environmental concern, resulting in excess water consumption and higher water rates. Timeline: Spring – Summer 2024 Photo: 2024 2025 2026 2027 2028 Capital Cost $75,000 $0 $0 $0 $0 Annual Maintenance Cost No increase 50 677 OTHER FUNDS 678 Proposed 2022 2023 2023 2024 Actual Budget Amended Budget Revenue Business Licenses 362,978$ 345,000$ 345,000$ 345,000$ Transfer in from General Fund 1,825,000 1,500,000 1,535,000 2,600,000 VLMD Contribution - 1,200,000 1,200,000 - Event Reimbursements/Shared Costs 127,500 - - - Earnings on Investments (3,334) 250 250 250 Total Revenue 2,312,144 3,045,250 3,080,250 2,945,250 Expenditures Commission on Special Events (CSE) CSE Funded Events 653,890 - - - CSE Surveys 36,688 54,000 54,000 54,000 Education & Enrichment 144,007 154,530 154,530 154,530 Visitor Draw - 684,648 684,648 684,648 Recreation - 75,000 75,000 75,000 Signature Events:1,095,252 1,035,252 1,095,252 Bravo!311,657 - - - Vail Jazz Festival 85,000 - - - Vail Valley Foundation - Mountain Games 140,000 - - - Vail Valley Foundation - GRFA 55,125 - - - Vail Valley Foundation - Dance Festival 60,000 - - - Town Produced Events:766,000 826,000 801,000 Vail Apre Spring Series 253,470 - - - Employee Celebration & Concert (Spring)10,150 - - - Revely Vail 140,898 - - - Vail Holidays Funding 20,739 - - - Vail America Days 71,136 - - - NYE/4th of July Display 100,000 - - 58,000 Ambient Event Funding: Music in the Villages 196,661 154,530 142,508 237,978 Cultural Heritage: Pioneer Weekend 8,000 - - - National Brotherhood of Skiers - 125,000 125,000 - Other Council Funded Events Mikaela 87 - - 35,000 - Collection Fee - General Fund 18,149 17,250 17,250 17,250 Total Expenditures 2,305,569 3,126,210 3,149,188 3,177,658 Revenue Over (Under) Expenditures 6,575 (80,960) (68,938) (232,408) Beginning Fund Balance 409,749 407,124 416,324 347,386 Ending Fund Balance 416,324$ 326,164$ 347,386$ 114,978$ TOWN OF VAIL 2024 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 51 679 Proposed 2022 2023 2023 2024 Actuals Budget Amended Budget Revenue Town of Vail Interagency Charge 3,523,352$ 4,224,129$ 4,257,935$ 4,632,943$ Insurance Reimbursements & Other 54,753 25,000 25,000 25,000 Intergovernmental Revenues 28,406 - - - Earnings on Investments 2,689 810 810 1,500 Equipment Sales and Trade-ins 188,745 294,238 294,238 196,227 Total Revenue 3,797,945 4,544,177 4,577,983 4,855,670 Expenditures Salaries & Benefits 1,195,747 1,344,321 1,403,973 1,462,006 Operating, Maintenance & Contracts 1,878,229 2,102,307 2,136,113 2,169,796 Capital Outlay 1,351,972 1,355,886 2,248,143 1,501,976 Total Expenditures 4,425,948 4,802,514 5,788,229 5,133,778 Revenue Over (Under) Expenditures (628,003) (258,337) (1,210,246) (278,108) Transfer In from General Fund 48,394 - 59,652 - Beginning Fund Balance 2,499,233 1,677,813 1,919,624 769,030 Ending Fund Balance 1,919,624$ 1,419,476$ 769,030$ 490,922$ Proposed 2022 2023 2023 2024 Actuals Budget Amended Budget Revenue Town of Vail Interagency Charge - Premiums 4,748,921$ 4,748,921$ 4,748,921$ 4,798,910$ Employee Contributions 763,995 963,081 963,081 972,712 Insurer Proceeds 26,307 30,000 30,000 530,000 Earnings on Investments 10,924 15,000 15,000 75,000 Total Revenue 5,550,147 5,757,002 5,757,002 6,376,622 Expenditures Health Insurance Premiums 1,463,391 1,690,000 1,690,000 1,497,000 Claims Paid 3,314,816 4,597,739 4,597,739 5,245,678 Wellness Bonus 63,240 78,000 78,000 78,000 Professional Fees 52,043 118,820 118,820 110,000 Total Expenditures 4,893,490 6,484,559 6,484,559 6,930,678 Revenue Over (Under) Expenditures 656,658 (727,557) (727,557) (554,056) Beginning Fund Balance 4,446,705 5,103,362 5,103,362 4,375,805 Ending Fund Balance 5,103,362$ 4,375,805$ 4,375,805$ 3,821,749$ HEALTH INSURANCE FUND TOWN OF VAIL 2024 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND TOWN OF VAIL 2024 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE 52 680 Proposed 2022 2023 2023 2024 Actuals Budget Amended Budget Revenue E911 Board Revenue 956,272$ 1,067,535$ 1,067,535$ 1,167,993$ Interagency Charges 1,298,899 1,444,427 1,444,427 1,598,162 Other County Revenues 11,103 - 103,000 - Town of Vail Interagency Charge 652,938 669,317 669,317 691,448 Earnings on Investments and Other 6,681 658 658 5,000 Total Revenue 2,925,893 3,181,937 3,284,937 3,462,603 Expenditures Salaries & Benefits 2,215,601 2,579,635 2,836,672 2,910,171 Operating, Maintenance & Contracts 466,206 593,611 593,611 613,342 Capital Outlay 27,528 87,528 87,528 - Total Expenditures 2,709,335 3,260,774 3,517,811 3,523,513 Revenue Over (Under) Expenditures 216,558 (78,837) (157,673) (60,910) Transfer In from General Fund 113,998 - 154,037 - Beginning Fund Balance 1,686,772 1,645,305 2,017,328 2,013,692 Ending Fund Balance 2,017,328$ 1,566,468$ 2,013,692$ 1,952,781$ TOWN OF VAIL PROPOSED 2024 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 53 681 Proposed 2022 2023 2023 2024 Actual Budget Amended Budget Revenue Rental Income 1,812,816$ 1,865,753$ 1,865,753$ 466,438$ Other Income 50,736 14,724 14,724 3,681 Total Revenue 1,863,552 1,880,477 1,880,477 470,119 Expenditures Operating, Maintenance & Contracts 510,985 515,617 547,617 171,872 Capital Outlay 3,450 - - - Contigency - - 50,000 - Total Expenditures 514,435 515,617 597,617 171,872 Operating Income 1,349,117 1,364,860 1,282,860 298,247 Non-operating Revenues (Expenses) Interest on Investments 7,024 180 180 12,500 Loan Principal Repayment to Capital Projects Fund (389,728) (392,607) (392,607) (401,508) Interest Payment to Capital Projects Fund (70,879) (70,392) (70,392) (61,447) Repayment of Debt Service @ Sale to CPF Total Non-operating Revenues (Expenses)(453,583) (462,819) (462,819) (450,455) Site and Podium Site and Podium- Timber Ridge Redevelopment (32,749,840) Transfer from Housing Fund- Site and Podium 9,000,000 Transfer from General Fund- Site and Podium 23,749,840 Total Site and Podium - - - - Building A- Debt Serivce Loan from GF for Subsidy 4,300,000 Building D - Purchase Price (5,847,933) Total Building A- Debt Service - - - (1,547,933) Revenue Over (Under) Expenditures 895,534 902,041 820,041 (1,700,141) Beginning Fund Balance 1,183,214 2,060,145 2,078,748 2,898,789 Ending Fund Balance 2,078,748$ 2,962,186$ 2,898,789$ 1,198,648$ TOWN OF VAIL 2024 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 54 682 2023 Proposed 2022 2023 Amended 2024 Actual Budget Budget Budget Revenue Rental Income - 725,802 560,080 1,721,300 Other Income - 48,000 29,000 70,980 Investment Earnings 149,681 - 155,967 500 Total Revenue 149,681 773,802 745,047 1,792,780 Expenses Operating, Maintenance & Contracts - 362,305 325,494 508,894 Capital Outlay / Capital Reserve 13,096,898 - 14,607,038 51,639 Total Expenditures 13,096,898 362,305 14,932,532 560,533 Revenue Over Expenses (12,947,217) 411,497 (14,187,485) 1,232,247 Other Financing Sources (Uses) Fiscal Agent fees (1,250) - (3,000) (3,000) Principal Repayment (315,000) (415,000) (415,000) (435,000) Interest Expense (788,354) (800,388) (800,388) (783,788) Transfer from Capital Projects Fund 1,221,760 825,000 5,750,444 - Total Other Financing Sources (Uses)117,156 (390,388) 4,532,056 (1,221,788) Change in Net Position (12,830,061) 21,109 (9,655,429) 10,459 Net Position- Beginning 22,539,575 - 9,709,514 54,085 Net Position- Ending 9,709,514$ 21,109$ 54,085$ 64,544$ TOWN OF VAIL 2024 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE RESIDENCES AT MAIN VAIL 55 683 Ordinance No. 24, Series of 2023 ORDINANCE NO. 24 SERIES OF 2023 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2024 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2.Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2024, and ending on the 31st day of December, 2024: FUND AMOUNT General Fund $87,436,005 Capital Projects Fund 21,049,192 Real Estate Transfer Tax Fund 9,074,420 Housing Fund 11,500,000 Vail Marketing Fund 3,177,658 Heavy Equipment Fund 5,133,778 Dispatch Services Fund 3,523,513 Health Insurance Fund 6,930,678 Residences at Main Vail Fund 1,782,321 Timber Ridge Enterprise Fund 39,232,600 Total 188,840,165 Less Interfund Transfers (53,204,841) Net Expenditure Budget 135,635,323 56 684 Ordinance No. 24, Series of 2023 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2024 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of November, 2023. A public hearing shall be held hereon on the 21st day of November, 2023, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: __________________________ Stephanie Bibbens, Town Clerk 57 685 2024 TOWN MANAGER BUDGET FINANCE | November 7, 2023 686 General Sales Tax 41% Housing Sales Tax 5%Property and Ownership Tax 8%Use Tax 2% Ski Lift Tax and Franchise Fees 9% Real Estate Transfer Tax 7% Licenses and Permits 3% Intergovernmental Revenue 6% Transportation Centers 9%Charges for Services 2% Rent, Fines & Miscellaneous 7% Transfer from VRA 0% Earnings on Investments 1% 2 2024 PROPOSED BUDGET | Overview Town of Vail | Finance | 11/7/2023 Total Revenues –All Funds: $100.4 million Up 3.2% from 2023 and up 3.3% from 2022 Actuals 687 3 2024 PROPOSED BUDGET | Overview Town of Vail | Finance | 11/07/2023 Revenues 2024 % Increase/ Decrease General Sales Tax 40.9M 1.9% Housing Sales Tax 4.95M 1.0% Lift Tax 6.7M 8.0% Property Tax 8.4M 39.1% Parking Revenues 8.9M 2.3% Real Estate Transfer Tax 7.0M -1.4% 77% of Total Revenues •Conservative Revenue Projections •Possible impacts from Proposition HH •Uncertain Outlook for Real Estate Activity 688 2024 PROPOSED BUDGET | Expenditures Town of Vail | Finance | 11/07/2023 689 5 BUDGET | Overview of Changes Town of Vail | Finance | 11/7/2023 Total Expenditures –All Funds: $135.7M Expenditures Cost % from 2023 Amended Capital Spending $24.6M -77.3% Timber Ridge Redevelopment $38.6M NA Debt Service $2.4M Flat Municipal Services $70.1M 1.2% Total $135.7M -24.7% Municipal Services 51.7% Capital Improvements 46.6% Debt Service 1.8% 690 6 BUDGET | Overview of Changes Town of Vail | Finance | 11/7/2023 Since October 17th meeting, changes to 2024 budget include: Expenditures •General Fund: •$214K was added under planning projects for the implementation of the Destination Stewardship Management plan. These funds were appropriated in 2023 and are anticipated as savings in 2023 to be spent in 2024. •The current budget draft does not include the Vail Valley Foundation’s $1.0M council contribution request. Staff is requesting direction from council if they would like to fund this request and at what level? •Capital Projects Fund: •The reimbursement from the Vail Reinvestment Authority was decreased to reflect expenditures savings previously adjusted in Lionshead snowmelt repair expenditures. The total reimbursement is budgeted at $200K in 2024. 691 7 BUDGET | Overview of Changes Town of Vail | Finance | 11/07/2023 Since October 17th meeting, changes to 2024 budget include: Real Estate Transfer Tax Fund: •Anticipated transfer tax collections for 2024 were increased to $7.0M based on 2023 increased actual collections. This estimate is flat with amended 2023 budget. •Council requested additional analysis regarding a plan to payback $5.6M in funds transferred from the General Fund to support the acquisition of the Booth Heights parcel. In the current budget, no payback has been included. Payback options and impacts to the fund are included later in this presentation. 692 8 BUDGET | Fund Statements Town of Vail | Finance | 11/07/2023 General Operating and Capital Funds General Fund Marketing Fund Capital Projects Fund RETT Fund Housing Fund Revenue $ 61.1M $3.0M $20.0M $7.6M $7.5M Expense (87.4)M*($3.2)M (21.0)M (9.1)M ($11.5)M* Debt Payment (1.1)M Increase/(Decrease) to fund balance (26.4)M (232.4)K (841.8)K (1.4)M (4.1)M Ending Fund Balance $ 24.0M $115.0K $23.8M $8.4M $1.4M Min. Reserve 35% of Annual Revenues 39% High-level view of the town’s 2024 proposed budget by fund: *General Fund expenses includes a one-time transfer of $28.0M and Housing Fund includes a $9.0M transfer to support the redevelopment of Timber Ridge 693 9 BUDGET | Fund Statements Town of Vail | Finance | 11/7/2023 Enterprise Funds Dispatch Services Fund Timber Ridge Fund Residences @ Main Vail Revenue $3.5M $37.4M*$1.8M Expenditure (3.5)M (38.8)M*(560.5)K Debt Payment (463.0)K**(1.2)M Increase/(Decrease) to fund balance (60.9K)(1.7)M 10.5K Ending Fund Balance $1.95M $1.2M $64.5K *Includes $37.0M in transfers from the General Fund (28.0M) and Housing Fund (9.0M) to support redevelopment costs of Timber Ridge (38.6M) ** Debt Payment to Capital Projects Fund 694 10 BUDGET | Fund Statements Town of Vail | Finance | 11/7/2023 Internal Services Funds TOTAL Heavy Equip. Fund Health Insurance Fund Total (All Funds)** Revenue $4.9M $6.4M $100.4M Expenditure (5.1)M (6.9)M (133.3)M Debt Payment (2.4)M Increase/(Decrease) to fund balance (278.1)K (554.1)K (35.6)M Ending Fund Balance $490.9K $3.8M $65.2M **Includes Eliminations of Interfund Transfers 695 2024 PROPOSED BUDGET | Expenditures: Personnel Town of Vail | Finance | 11/7/2023 696 12 2024 PROPOSED BUDGET | Personnel Town of Vail | Finance | 11/7/2023 Personnel Expenditures: $45.4M Compensation Total $34.1M General Fund $28.5M Real Estate Transfer Tax Fund $2.4M Dispatch Services $2.1M Heavy Equipment Fund $1.1M Benefits Total $11.3M General Fund $9.4M Real Estate Transfer Tax Fund $752K Dispatch Services $761K Heavy Equipment Fund $395K •3.5 net new FTEs requested –One position proposed offset with VLMD funds •$112K placeholder funds for internal housing program •5.9% wage increase for merit increases and organization-wide rate adjustment •$750K compensation adjustments placeholder •Employee Experience •Vacation Reinvestment program continued ($250K) •Wellness benefit same as prior year ($78K) 697 13 2024 PROPOSED BUDGET | Personnel Changes Town of Vail | Finance | 11/7/2023 Department Fund FTE Justification Deputy Chief of Community Risk Reduction –Fire Department GF 1.0 Better align current Fire Marshal position with best practice approach for community risk reduction. Evidence Tech – Police Department GF 1.0 Increased volume of digital evidence; compliance of evidence documentation, dissemination and purging policies Parking Specialist - Parking GF 0.5 Convert Winter Seasonal to Full-Time Digital Content Coordinator – Economic Development GF 1.0 Better management of VLMD content marketing.Cost of this FTE is proposed to be entirely offset by a contribution from the VLMD Total 3.5 Staff Recommendation: 3.5 FTE Requests have been included in the 2024 Budget and placeholder for internal housing coordinator support 698 TM BUDGET DRAFT | Expenditures: Contributions & Events Town of Vail | Finance | 11/7/2023 699 15 2024 PROPOSED BUDGET | Contributions & Events Town of Vail | Finance | 11/7/2023 •The $1.0M Vail Valley Foundation request has not been included at this time CONTRIBUTIONS AND EVENTS ($3.9M) Childcare $250K CSE Survey $54K Services (Council Contributions) $487K Events $3.1M 700 16 2024 PROPOSED BUDGET | Contributions & Events Town of Vail | Finance | 11/7/2023 Vail Valley Foundation Request: $1.0M •Payment of $1.0M towards the already-completed roof and solar project at the Gerald R Ford Amphitheater (which cost $1.5M total) –To help support the overall ~$20M capital improvement plan (2023-2028) •The VVF has expressed their intention to additionally request funds from 2025-2028 for major renovations to the Gerald R Ford Amphitheater. They intend to request $5M from 2024 through 2028. (25% of total estimated project cost) •The VVF intends to raise the other $15M required for this project from 2024- 2028 through individual donors, institutional grants, and community partners. •Capital improvements expected over the next 5 years include main office building and back of house improvements, concessions and grill improvements, east bar & loading dock improvements, and pavilion seats, safety railing, and production improvements. 701 TM BUDGET DRAFT | Expenditures: Capital Plan Town of Vail | Finance | 11/7/2023 702 2024 PROPOSED BUDGET | Capital Plan Town of Vail | Finance | 11/7/2023 Capital Expenditures: $63.2M Significant Capital Projects Planned in 2024 include: •$38.6M: Timber Ridge Redevelopment (Total project -$164.0M with the developer financing the majority) •$1.75M: Data Center Main Stacks Replacement •$1.5M: Vail Mobility Hub Design Expansion (offset by $750K CDOT funding) •$1.5M: Vail Village Streetscape Snowmelt Infrastructure (underground pipeline infrastructure) •$1.7M: Underground HCE from Main Vail to East Vail (Funded by Franchise Fees) •$2.5M: Vail InDeed •$2.0M: Placeholder for Employee Rental Unit purchases 78.4% of Total Capital Costs 703 2024 PROPOSED BUDGET | Real Estate Transfer Tax Fund Town of Vail | Finance | 11/7/2023 Payback Scenario Annual Cost 5-Year Cost Estimated Ending Fund Balance in 2028 Fixed Rate 10-Year $564,398 $2,821,990 $1,318,514 Fixed Rate 20-Year $282,199 $1,410,996 $2,729,508 Fixed Rate 30-Year $188,133 $940,664 $3,199,840 Excess RETT Collections Above $8.0M Plus 3% Per Annum Unknown Unknown Unknown No Payback --$4,140,504 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 2024 2025 2026 2027 2028No Payback 30-Year Payback 20 Year Payback 10 Year Payback Projected RETT Fund Balances Based on Booth Height Payback to the General Fund 704 2024 PROPOSED BUDGET| Reserves Town of Vail | Finance | 11/7/2023 0 20 40 60 80 100 120 140 160 180 TOV Reserves 5 Year & 5 Year Projection General Fund Capital Projects Fund Housing Fund RETT Fund All Other Funds Reserve Minimum MI L L I O N S Reserves projected to decrease by $55.6M or 38.5% during 2023 Available Reserves at the end of 2024: $57.3M 705 2024 PROPOSED BUDGET| Recap •Does council wish to include a contribution for the Vail Valley Foundation? •Does council wish to adopt a payback from RETT to the General Fund for funds transferred in support of the Booth Heights acquisition? •Are there any additional changes to be made prior to the 2nd reading of the budget ordinance? Town of Vail | Finance | 11/7/2023 Second reading of budget ordinance: November 21st 706 Ordinance No. 24, Series of 2023 ORDINANCE NO. 24 SERIES OF 2023 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2024 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2024, and ending on the 31st day of December, 2024: FUND AMOUNT General Fund $87,436,005 Capital Projects Fund 21,049,192 Real Estate Transfer Tax Fund 9,074,420 Housing Fund 11,500,000 Vail Marketing Fund 3,177,658 Heavy Equipment Fund 5,133,778 Dispatch Services Fund 3,523,513 Health Insurance Fund 6,930,678 Residences at Main Vail Fund 1,782,321 Timber Ridge Enterprise Fund 39,232,600 Total 188,840,165 Less Interfund Transfers (53,204,841) Net Expenditure Budget 135,635,323 707 Ordinance No. 24, Series of 2023 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2024 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of November, 2023. A public hearing shall be held hereon on the 21st day of November, 2023, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: __________________________ Stephanie Bibbens, Town Clerk 708 AGENDA ITEM NO. 5.6 Item Cover Page DATE:November 7, 2023 TIME:15 min. SUBMITTED BY:Beth Markham, Environmental Sustainability ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 25, Series of 2023, First Reading, An Ordinance Banning Expanded Polystyrene To-go Containers and Cups Per the State’s HB21-1162- the Plastic Pollution Reduction Act SUGGESTED ACTION:Staff recommends the Vail Town Council approval of the first reading of Ordinance No. 25, Series of 2023 to amend Title 5, Chapter 13 of the Town Code to include state-mandated provisions on the prohibition of expanded polystyrene to-go food containers and cups at food retailers with no changes or amendments. PRESENTER(S):Beth Markham, Environmental Sustainability Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: PPRA Ordinance No. 25 Series of 2023 Memo- 110723.docx Ordinance No. 25, Series 2023- 110723.docx 709 To:Vail Town Council From:Environmental Sustainability Date:November 7, 2023 Subject:HB21-1162 Plastic Pollution Reduction Act (PPRA) – First Reading of Ordinance No. 25, Series of 2023 to amend Title 5, Chapter 13 of the Vail Town Code I.Purpose The purpose of this memorandum is to present the first reading of Ordinance No. 25, Series of 2023 to update Title 5, Chapter 13 of the Vail Town Code to include amendments relevant to Phase Two of HB21-1162, the State of Colorado’s Plastic Pollution Reduction Act. II.Background: Plastic Pollution Reduction Act On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution Reduction Act (PPRA) into law, the second most comprehensive law in the country. Prior to HB21-1162s passage, 10 states had plastic bag bans and 7 states had polystyrene foam bans. With the signing of this bill, Colorado becomes the first state in the U.S. to strike a state plastics preemption law, restoring the right of local municipalities to enact their own plastic regulations. Enforcement of the PPRA is left to the municipalities. There are four main components to the PPRA included in Appendix A for reference. Phase One of the PPRA, the state-mandated bag fee went into effect January 1, 2023. On December 20, 2022, the Vail Town Council passed Ordinance No. 23, Series of 2022 to repeal and replace Title 5, Chapter 13 of the Town Code, which included a 25-cent per plastic or paper carryout bag fee at all retailers in Vail. The retailers are required to remit 40% of bag fees monthly with sales tax remittance, and can keep 60% of bag fees to implement the program. Phase Two of the PPRA goes into effect on January 1, 2024. This is the state-mandated ban on distribution of single use plastic carry out bags at retailers and expanded polystyrene (commonly known as StyrofoamTM) to-go containers and cups for ready-to-eat food at food retailers, which includes restaurants, grocery stores, convenience stores, and cafeterias in schools, prisons, and businesses. Retailers can distribute plastic carryout bags remaining in the stock until June 1, 2024, if the bags were purchased prior to January 1, 2024. With the passing of Ordinance No. 23, Series of 2022, Title 5, Chapter 13 of the Vail Town Code already includes provisions prohibiting the distribution of single use plastic bags starting January 1, 2024. 710 Town of Vail Page 2 Food retailers can use remaining stock of expanded polystyrene purchased prior to January 1, 2024, until the stock is depleted. Per the PPRA, exceptions to the expanded polystyrene ban include farmers and roadside markets and stores whose primary sales revenue does not come from food products. Town of Vail’s special event requirements currently prohibit the use of expanded polystyrene at all special events in Vail, including farmer’s markets. Phase Three of the PPRA goes into effect on July 1, 2024, and lifts the local government pre- emption on plastic bans, allowing local municipalities to enact, implement, and enforce more stringent laws that prohibit, restrict, or mandate the use or sale of plastic materials, containers, packaging, or labeling. III.Ordinance No. 25, Series of 2023 Proposed Ordinance No. 25, Series of 2023 amends Title 5, Chapter 13 of the Vail Town Code to include the prohibition of expanded polystyrene to-go containers and cups for ready-to-eat food in food retailers, including restaurants, grocery stores, convenience stores, and cafeterias in schools, prisons, and businesses as it pertains to state legislation HB21-1162, the PPRA. The ordinance is attached in Appendix B. IV.Outreach and Education Staff will conduct a robust campaign to facilitate education and outreach on the PPRA requirements through direct communications to businesses that are impacted, outreach through the Vail Chamber and Business Association and Vail Valley Partnership, and updated information and resources on the town website. In addition, the Town of Vail partnered with Eco- Cycle to produce a Guide to Sustainable Serviceware to provide alternative options to expanded polystyrene containers. This will be distributed to all food retailers and available on the town’s website. V.Staff Recommendations Staff recommends the Vail Town Council approval of the first reading of Ordinance No. 25, Series of 2023 to amend Title 5, Chapter 13 of the Town Code to include state-mandated provisions on the prohibition of expanded polystyrene to-go containers for ready-to-eat food at food retailers with no changes or amendments. 711 Town of Vail Page 3 Appendix A: Four Main Components of HB21-1162, the PPRA Phase One: January 1, 2023: Plastic and Paper Bag Fee Fee on all plastic and paper bags went into effect- Vail implemented a 25-cent per plastic and paper carryout bag fee During this time, retailers can still give out plastic bags, but are required to charge ●Affects all grocery and retail stores in Vail ●Restaurants are excluded ●Retailers in Vail keep $0.15 per bag to implement the program ●Town of Vail receives $0.10 per bag to implement program, enforce the law, fund recycling, composting, waste diversion programs, and education. ●Does not apply to customers with federal or state food assistance programs ●Fee on plastic bags ends Jan. 1, 2024 Phase Two: January 1, 2024: Plastic Bag Ban Ban on plastic carryout bags goes into effect. Affects grocery and retail stores in Vail Restaurants are excluded Stores can use up any remaining stock of bags until June 1, 2024 as long as they were purchased by Jan. 1, 2024 (bag fee still applies to the remaining stock used) January 1, 2024 –Ban on polystyrene food containers and cups ●Ban on polystyrene to-go food containers and cups goes into effect ●Affects all restaurants, grocery and convenience stores, and schools ●Retail food establishments can use up any polystyrene containers purchased by Jan. 1, 2024, until they are gone Phase Three: July 1, 2024: Local government pre-emption on plastic bans is lifted ●Municipalities and counties can enact, implement and enforce more stringent laws ●Local governments can enact and enforce laws that prohibit, restrict or mandate the use or sale of plastic materials, containers, packaging or labeling ●Exempts packaging for medical products including drugs, medical devices or dietary supplements Appendix B- Ordinance No. 25, Series of 2023 712 Town of Vail Page 4 ORDINANCE NO. 25 SERIES of 2023 AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING THE REGULATION OF FOOD CONTAINERS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.The title of Chapter 13 of Title 5 of the Vail Town Code is hereby amended, to read as follows: CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS Section 2.Section 5-13-2 of the Vail Town Code is hereby amended with the addition of new definition to be placed in alphabetical order, to read as follows: § 5-13-2. DEFINITIONS. EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include: (a)For expandable bead polystyrene, fusion of polymer spheres; (b)Injection molding; (c)Foam molding; and (d)For extruded foam polystyrene, extrusion blow molding. Section 3.Section 5-13-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 5-13-6. POLYSTYRENE FOOD CONTAINERS. (A)Effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready- to-eat food in the Town. (B)Notwithstanding subsection (A) hereof, if a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in the Town until the inventory is depleted. 713 Town of Vail Page 5 Section 4.Chapter 13 of Title 5 of the Vail Town Code is amended by the addition of a new Section 5-13-7, to read as follows: 5-13-7: VIOLATION AND PENALTY: (A)It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B)Violations of this Chapter shall be punishable as follows: (1)First violation in any calendar year: a fine of $50; (2)Second violation in the same calendar year: a fine of $100; and (3)Third or subsequent violation in the same calendar year: a fine of $300. Section 5.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6 The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7.The amendment of any provision of the Vail 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 8.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 714 Town of Vail Page 6 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 715 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC0BF8A5\@BCL@CC0BF8A5.DOCX ORDINANCE NO. 25 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING THE REGULATION OF FOOD CONTAINERS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.The title of Chapter 13 of Title 5 of the Vail Town Code is hereby amended, to read as follows: CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS Section 2.Section 5-13-2 of the Vail Town Code is hereby amended with the addition of new definition to be placed in alphabetical order, to read as follows: § 5-13-2. DEFINITIONS. EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include: (a)For expandable bead polystyrene, fusion of polymer spheres; (b)Injection molding; (c)Foam molding; and (d)For extruded foam polystyrene, extrusion blow molding. Section 3.Section 5-13-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 5-13-6. POLYSTYRENE FOOD CONTAINERS. (A)Effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready- to-eat food in the Town. (B)Notwithstanding subsection (A) hereof, if a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in the Town until the inventory is depleted. 716 2 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC0BF8A5\@BCL@CC0BF8A5.DOCX Section 4.Chapter 13 of Title 5 of the Vail Town Code is amended by the addition of a new Section 5-13-7, to read as follows: 5-13-7: VIOLATION AND PENALTY: (A)It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B)Violations of this Chapter shall be punishable as follows: (1)First violation in any calendar year: a fine of $50; (2)Second violation in the same calendar year: a fine of $100; and (3)Third or subsequent violation in the same calendar year: a fine of $300. Section 5.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6 The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7.The amendment of any provision of the Vail 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 8.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 717 3 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC0BF8A5\@BCL@CC0BF8A5.DOCX 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 718 AGENDA ITEM NO. 6.1 Item Cover Page DATE:November 7, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Ordinance AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 21, Series of 2023, Second Reading, An Ordinance Amending Chapter 4 of Title 1 of the Vail Town Code by the Addition of a New Sction 1-4-5, to Allow for Penalty Assessments for Code Violations SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 21 Series of 2023 upon Second Reading. PRESENTER(S):Justin Liffick, Deputy Chief of Police, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: penaltyassesstocouncil.docx Penalty Assessment-O102623.docx List_of_ordinance_for_fines.pdf 719 October 11 th, 2023 To:Town Council Through:Russel Forrest Town Manager From:Ryan Kenney Chief of Police Subject:Penalty Assessment Ordinance Change The Town of Vail is one, if not the only jurisdiction without any type of penalty assessment. There are several benefits to implementing a penalty assessment including, manpower allocation, court efficiency and enforcement options. Staff is recommending adding a penalty assessment to our current penalty ordinance 1-4-1. The primary purpose to adding a penalty section is to give the offender the opportunity to pay a fine or elect to go to court. Currently, all our code violations are given a summons which require a court appearance. This results in manyour out-of-town offenders not attending court which will result in the court issuing a municipal warrant for the offender’s arrest. Giving the offender the option of paying a fine in lieu of a court appearance will result in a positive disposition in more municipal court cases. Officers will still have discretion when determining if a fine or appearance in court is appropriate. If there are special circumstances or an egregious violation, officers can bypass the penalty assessment and issue the offender a mandatory court appearance. There will also be a list of violations that will not be eligible for a penalty assessment. Theft, Assault, Disturbing the Peace, are a few examples of violations that will not be eligible for a penalty assessment. The complete list of eligible offenses will accompany this memorandum. The fine schedule for the penalty assessment will be $100 for the first violation, $500 for the second, $1,000 for the third and $2,500 for the fourth and any subsequent violations. Although there are fines in place for multiple violations, most second violations will be summonsed to court. The exception to this fine schedule is Deceptive Use of Ski Facility. A Deceptive Use of Ski Facility violation will have a specific fine of $500 due to the frequency and cost of a lift ticket. 720 Town of Vail Page 2 Town staff is also working on improving our ability to accept multiple forms of payment including on-line payments. A QR code will accompany each violation. That QR code will allow the offender to pay the fine or request a court hearing. In-person payments will still be accepted and linked to the original violation by multiple identifying factors. Making it easier for payment and tracking purposes. Staff is requesting amendments to ordinance 1-4-1 allowing a penalty assessment for specific municipal violations. 721 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX ORDINANCE NO. 21 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-4-6, TO ALLOW FOR PENALTY ASSESSMENTS FOR CODE VIOLATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Chapter 4 of Title 1 of the Vail Town Code is amended by the addition of a new Section 1-4-6, to read as follows: § 1-4-6: PENALTY ASSESSMENT: (A)Applicability. A penalty assessment notice may be issued for any offense under this Code. For traffic infractions, the provisions of Article 2A of Chapter 7 of this Code shall apply in lieu of this Section. (B)Notice. The penalty assessment notice shall be indicated on the summons and complaint and shall include the fine amount. If the alleged offender issued a penalty assessment notice hereunder chooses to acknowledge their guilt, they may pay the specified fine online, in person, or by mail at the Municipal Court within the time specified in the notice. If they choose not to acknowledge their guilt and pay the applicable fine, they shall appear as required in the summons and complaint. (C)Fine schedule. 1.The following fines shall apply to penalty assessments other than those specifically listed below: a.First offense: $100; b.Second offense: $500; c.Third offense: $1,000; and d.Fourth and all subsequent offenses: $2,500. 2.For deceptive use of a ski facility, the fine shall be $500 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. 3.For any bear-related violation, the fine shall be $1,000 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. For purposes of this subsection, "bear-related violation" includes: non-approved bear resistant/proof garbage and 722 2 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX recycling containers; improper recycling; feeding wildlife; dawn to dusk residential violation; multi-family housing-residential refuge disposal; garbage/recycling container not secure; garbage/recycling container repair; and address missing from garbage/recycling container. 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 affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of October, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 723 3 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 724 Code Section Description 20-10 Littering Streets or Highway, 0 pts 6-3B-2-D Deceptive Use Ski Facility 6-3E-4 Posting Handbills 6-3E-6-A Blocking Streets 6-3E-6-C Camping Prohibited 6-4-20 Nuisance noise animals 6-4-6-K Neglect Animal 6-4-6 Failure to control animal 6-4-6-A Control within TOV 6-4-6-B Control other areas TOV 6-4-6-C Failure to control athletic field 6-4-6-D Danger to any person or property 6-4-6-E Trespass or tethered 6-4-6-G Excrete waste materials 6-4-6-H Confine dog or cat in estrus 6-4-6-I Fail to control common areas 6-4-6-J Fail to control posted area 6-4-7 Interfere with owners control 5-1-11 Construction Work Lighting 5-10-2 Fireworks Prohibited Acts 6-3E-4-D Placing Handbills on Vehicles 15-11 Disobeyed barricades 22-13 Failed to Comply with Notice on Parked Vehicle 7-10-3 Transportation Permit Required 7-3A-1 Parking to Obstruct Traffic 5-1-7 Noise Prohibited 5-9-3-A non-approved bear resistant/proof garbage container 5-12-7-B non-approved bear resistant/proof recycling container 5-12-7-A improper recycling- recycling in garbage 5-9-9-A feeding wildlife violation- intentional or unintentional 5-9-9-B feeding wildlife violation- bird feeder 5-9-3-B dawn to dusk- residential violation 5-9-3-D multi-family housing- residential refuse disposal 5-9-4-A garbage/recycling container not secure 5-9-4-B garbage/recycling container requires repair within 24 hours 5-9-4-C address missing from garbage/recycling container 5-9-5 special events container 5-9-4 special events refuse disposal 6-3E-4-F handbills uninhabited premises 6-3E-4-G littering handbills 6-4-6-B-1 failed to control animal 7-10-7 transportation conduct violation 7-4-3 bicycles yield right of way to pedestrians 7-7-1 helmet required in skateboard park 5-9-6 construciton site refuse disposal 5-9-7 commercial container- non-compliant 725 5-9-8 compactors 5-12-7-A improper recycling- contaminated recycling 5-4-2 smoking prohibited in any public space 5-11-7 permit for removal 5-11-8 tree removal-unlawful acts 7-3D-5 unauthorized parking prohibited 8-7-4 permit required for outdoor display 4-8-2 no solicitation 7-2B-6 failed to dismount in dismount zone- 1st off 7-2B-6 failed to dismount in dismount zone- 2nd off 5-1-3 Keeping Junk Prohibitted 5-2-2 Refuse Accumulation Prohibitted 5-2-3 Refuse Containers Required 5-2-4 Refuse Storage Required 5-2-5 Rubble Storage Prohibitted 5-2-8 Littering Prohibitted 5-2-10 Deposits on Public Ways Prohibitted 5-2-12 Burying Garbage Unlawful 5-1-9-A Ice and Snow Accumulations on Public Way 5-1-9-B Ice and Snow Accumulations on Buildings 5-1-10 Ice and Snow Accumulation on Sidewalks 5-1-12 Creation of Nuissance Prohibited 5-6-4 Parking in Fire Lane 5-15-2 Drone Safety Requirements 5-15-3 Drone Reckless or Careless Operation 5-15-4 Drone Restricted Areas 11-5-2 Sign Design Guidelines 11-5-3 Sign Design Standards 11-5-4 Sign Measurements 11-6-2 Business Signs 11-6-3 Building Identification Signs 11-7-1 Flags 11-7-2 Residential Signs 11-7-3 Neighborhood Signs 11-7-4 Construction Signs 11-7-5 Theater Signs 11-7-6 Open House Signs 11-7-7 Balloons 11-7-8 Public Parking and Loading Sign Private Property 11-7-9 Ski Base Area Signs 11-7-10 Restaurant Signs 11-7-11 Additional Temporary Signage 11-9-2 Prohibitted Signs 11-9-3 Nonconforming Signs 12-10-3 Reducing capacity/Parking in Dock not allowed 12-10-5 Storing materials in dock not allowed 14-10-10-E Leaving dock bay door open not allowed 726