HomeMy WebLinkAbout2023-11-21 Agenda and Supporting Documentation for Town Council Evening Meeting Agenda1.Citizen Participation (10 min.)
1.1 Citizen Participation
2.Any action as a result of executive session
3.Proclamation
3.1 Proclamation No. 13, Series of 2023, "Colorado Gives
Day"
10 min.
Read proclamation into the record.
Presenter(s): John Weiss, Small Champions Inc.
Background: Colorado Gives Foundation and FirstBank have
partnered in an effort to increase charitable giving in our
community through the online giving initiative "Colorado Gives
Day." In 2022, Colorado Gives Day raised $53 million
statewide in a single 24-hour period via online donations, with
over $1.5 million to Eagle County nonprofits via 4,000
individual donations at eaglecountycoloradogives.org. This
website allows donors to direct their contributions to one or
more of the over 50 local Eagle County charities featured on
the site, making it an ideal resource for facilitating charitable
giving to our locally-based nonprofits.
4.Consent Agenda (5 min.)
4.1 October 3, 2023 TC Meeting Minutes
4.2 October 17, 2023 TC Meeting Minutes
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually via Zoom
https://vail.zoom.us/webinar/register/WN_3T9BM6yDRt6I_l-DLDGnaA
6:00 PM, November 21, 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
2023-13_COLORADO_GIVES_DAY.docx
100323 meeting minutes.pdf
1
4.3 Resolution No. 46, Series of 2023, A Resolution Approving
a Highway Maintenance Agreement Between the Town of
Vail and the Colorado Department of Transportation
("CDOT")
Approve, approve with amendments, or deny Resolution No.
46, Series of 2023.
Background: The Town of Vail provides snow removal services
for the Vail Frontage Roads as well as minor street
maintenance. CDOT reimburses the town per an agreed-to
value. This agreement was changed from a 5-year agreement
to an annual agreement in 2021. The value of the agreement
was increased for the coming year, the total value of the
agreement is not to exceed $155,000.00.
4.4 Resolution No. 47, Series of 2023, A Resolution Approving
An Intergovernmental Agreement Between the Town of
Vail and Eagle County for Animal Control Services; And
Setting Forth Details in Regard Thereto
Approve, approve with amendments, or deny Resolution No.
46, Series of 2023.
Background: This is an annual Intergovernmental Agreement
the Town of Vail and Eagle County enter to provide Animal
Control Services within the town limits.
5.Town Manager Report (10 min.)
5.1 Town Manager Report
5.2 Council Matters and Status Update
6.Action Items
6.1 Resolution No. 45, Series of 2023, A Resolution of the Vail
Town Council Approving the Update to the Vail Land Use
Plan Associated with the Rezoning of Lot G, Vail Village,
Filing No. 2
15 min.
The Planning and Environmental Commission recommends
the Town Council approve Resolution No. 45, Series of 2023,
to change the designation of 17 Vail Road, Vail Village Filing
No. 2, Lot G, also known as B.S. Condominiums, from Medium
Density Residential to Transition Area.
Presenter(s): Jonathan Spence, Planning Consultant and Greg
Roy, Planning Manager
Background: The applicant, the Town of Vail, is requesting
101723 meeting minutes.pdf
Resolution Approving a Highway Maintenance Agreement between the Town of Vail and
the Colorado Department of Transportation.docx
Complete Draft HWY MTCE Vail 331003134 Nov 2 2023.pdf
Resolution Animal Control Services with Eagle County jmm.docx
IGA for Town of Vail 2024-2026.docx
Priority Vail Town Council Goals for 2023.docx
231121 Matters.docx
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approval of a 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 also known as B.S. Condominiums, from Medium
Density Residential to Transition Area.
6.2 Ordinance No. 27, Series of 2023, First Reading, An
Ordinance Providing for the Levy Assessment and
Collection of Town Ad Valorem Property Taxes Due for the
2023 Tax Year and Payable in the 2024 Fiscal Year.
10 min.
Approve, approve with amendments, or deny Ordinance No.
27, Series of 2023, upon first reading.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
7.Public Hearings
7.1 Ordinance No. 26, Series of 2023, First Reading, An
Ordinance Rezoning Lot G, Vail Village Filing No. 2 from
Public Accommodation (PA) to Commercial Core 1 (CC1)
15 min.
The Planning and Environmental Commission recommends
approval of Ordinance No. 27, Series of 2023, upon first
reading, rezoning 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.
Presenter(s): Jonathan Spence, Planning Consultant and Greg
Roy, Planning Manager
Background: The applicant is requesting 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. The rezoning is
proposed to bring the existing nonconforming property into
alignment with the Town Code and plan for possible
redevelopment.
7.2 Ordinance No. 22, Series of 2023, Second Reading, an 5 min.
TC Resolution No. 45 of 2023 Staff Memo First Bank.pdf
Attachment A. Resolution No. 45.pdf
Attachment B. PEC Staff Memorandum September 25 2023.pdf
Attachment C. PEC Meeting Minutes September 25_ 2023.pdf
24 Mill Levy 1st.pdf
Ord 27 -24 Mill Levy 1st.pdf
TC Ord No. 26 Series of 2023 Staff Memo.pdf
Attachment A. Ordinance No. 26 Series of 2023.docx
Attachment B. Staff Memorandum to the PEC, September 25, 2023.pdf
Attachment C. Application and supporting materials, September, 2023.pdf
Attachment D. PEC Meeting Minutes, September 25, 2023.pdf
Attachment E. PEC Public Comment September 20, 2023.pdf
Attachment F. Villa Cortina Town Council Public Comment November 16, 2023.pdf
Vail Town Council Presentation, November 21, 2023.pdf
Ordinance 26 - Citizen Participation.pdf
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Ordinance to Designate the Zoning of the Proposed
Addition to Lot 1, Timber Ridge Subdivision from
Undesignated to Housing (H) District
The Planning and Environmental Commission voted to
recommend approval of Ordinance No. 22, Series of 2023
upon second 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.
7.3 Ordinance No. 24, Series of 2023, Second 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
10 min.
Approve, approve with amendments, or deny Ordinance No.
24, Series of 2023 upon second reading.
Presenter(s): Alex Jakubiec, Budget Analyst and STR
Manager
Background: Please see attached memo.
7.4 Ordinance No. 25, Series of 2023, Second Reading, an
Ordinance Banning Expanded Polystyrene To-go
Containers and Cups Per the State’s HB21-1162- the
Plastic Pollution Reduction Act
5 min.
Staff recommends the Vail Town Council approval of the
second 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
Attachment A. Ordinance No. 22, Series of 2023 Second Reading.pdf
Ord #22 of 2023 Staff Memo 11-21-23 Second Reading.pdf
Attachment B. Staff Memo PEC23-0015, 0011 Rezone, LU Amend 8-28.pdf
Attachment C. PEC Results 8-28-23.pdf
2024 TM Budget 2nd Reading.pdf
2024 TM Budget 2nd Reading Presentation.pdf
TM 2024 Bud Reading Ord 24 2nd reading UPDATED (002).pdf
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Plastic Pollution Reduction Act.
8.Adjournment 7:35pm (estimate)
PPRA Ordinance No. 25 Series of 2023 Memo- 110723.docx
Ordinance No. 25, Series 2023- 110723.docx
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:November 21, 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
6
From:Matt Solomon
To:Council Dist List
Subject:Castle Lodge Toy Store
Date:Sunday, November 19, 2023 11:49:23 AM
Council Members-
I am reaching out to ask for your support in our effort to share some joy with the families in
our Valley.
If you like, I am happy to attend your Council meeting this week to answer any questions you
may have.
Castle Lodge, located in Eagle, provides an opportunity for any child to share in some of the
joy of the holiday season though our annual Toy Store. Since 2001, we have opened our doors
to families and children, free of charge. The number of families we contact grows each year.
By partnering with local charities and stakeholders, we’re able to get the information to
families throughout the Valley.
We have been fortunate to have support from individuals, local businesses, and municipalities.
Bringing Vail in as a supporter would be a big boost to our efforts, and ensure we can continue
to help. Any amount of support would deliver a real impact and would 100% go back to
children in our community.
A contribution of $1,000 - $2,000 would be in line with other municipalities’ gifts. Anything
is greatly appreciated. As a side note, Avon has committed to match the contribution level of
Vail - let’s hold them to that!
We have been featured in the Vail Daily nearly every year. The link below is a recent op-ed
highlighting one of our scholarship recipients, also mentioning the Toy Store.:
https://www.vaildaily.com/opinion/solomon-helping-a-local-scholar-pursue-her-dreams/
Thank you for your time and support of us and the families in our great community.
Matt
______________________
Matt Solomon
PO Box 5341, Eagle, CO 81631
M/WA +1 970.376.2146
matt@MattSolomon.org
7
From:
To:
Subject:
Date:
Attachments:
Led Gardner
PublicInputTownCouncil
For our Town Council
Thursday, November 9, 2023 11:04:35 AM
Good morning, all,
I’m taking a moment to write you on a couple of items. Thanks so much for considering my
thoughts.
First up, thank you for your service. You have done/are doing a great job leading our
community, especially as you are forced to confront the “big gorilla” in the room, i.e., Vail
Resorts.
Second up, thank you for the solid stance you have taken in seeking to protect the Booth
Heights parcel from said “big gorilla.” Please stay the course, and don’t let them force their
way! Me, and many of my real estate clients, are cheering for you!
Lastly, I want to share my thoughts and experiences with the now-dreaded speed breaks
that have been installed in the Village and Lionshead parking structures, and to seek your
help in making positive change.
I understand that these are part of the settlement with the family who tragically lost their son
in the accident in Lionshead last year. As a parent myself, I can’t imagine the devastation
this has caused, and I have great sympathy for their family.
The intentions of installing these speed breaks to enhance safety were understandable,
and were good. The garages are, in fact, dangerous. Yet the unintended consequences
that are resulting from the current installation are not so good, i.e., “too much is too
much…” These speed breaks have created what are the most hostile and maddening
parking garages that I’ve ever experienced, and the current installation has numerous
downsides.
As it pertains to safety, I now observe drivers cutting corners and swerving
throughout the garage so as to avoid the jarring impacts with the speed breaks… and
then speeding up between the breaks so as to make up for lost time… all the while
getting agitated and more aggressive. Instead of enhancing garage safety, it is my
belief that our garages are in fact more dangerous as a result of the current,
aggressive speed break installation.
From a public relations side of things, is this really the “welcome” that we want to
provide our guests, as they arrive and depart Vail? Many of my friends and
associates have commented that they are angry and frustrated by the time they get
out of the garage. I fall into this category myself. Is this really how we want our
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guests to feel?
What kind of damage is this doing to our vehicles, repeatedly jarring the suspension
as we come and go? Especially those drivers who I have witnessed who don’t slow
down, and impact the breaks at high speed?
As it pertains to the above three points, I’d encourage each of you to spend a half
hour in both garages during peak periods, so that you can witness this for yourself!
Speaking of peak periods, can you imagine the huge entry and exit lines that are
assuredly going to result from these speed breaks on weekends and powder days?
During Devo and Ski Club Vail days? During holiday weeks? I’m afraid it’s going to
be even more of a mess than it currently is, which again, will only serve to create
angry and frustrated (i.e., dangerous) drivers. The exact opposite of the goal.
While I am not an expert by any stretch of the imagination regarding speed breaks and
garage safety, I can recognize when something is not working correctly. This is one of
those instances. For whatever it’s worth, I believe that half the current number of speed
breaks, properly located in the garages, and as single breaks versus the current doubles,
would in fact enhance the safety of the garages. i.e., “mission accomplished,” while at the
same time avoiding the above issues.
Sometimes it’s best to acknowledge that an action such as this, which was perceived as a
solution yet in fact exacerbates a problem, was the wrong course of action. It’s then up to
our leaders to acknowledge the mistakes and to take action to correct them. I am asking
you to do exactly this, for the benefit of your constituents who live and/or work in town, for
our guests, and for our collective safety. Something needs to be done, as again, this well-
intentioned change is resulting in unforeseen consequences.
My thanks for your review of the above. I know that you have a most challenging
leadership position, and am highly appreciative of your consideration of my thoughts.
Sincerely yours,
Led Gardner
Slifer, Smith & Frampton Real Estate
230 Bridge Street / Covered Bridge Office
Vail, CO 81657
970-376-0223
lgardner@slifer.net
www.vailskiproperties.com
9
Please Note: Due to the growing challenges of email fraud as it pertains to real estate transactions, we do not provide wiring
instructions. Please call me immediately if you are ever asked to wire money, or informed that wiring instructions have changed.
Thank you.
10
From:
To:
Subject:
Date:
Colin Rouaud
PublicInput
FW: colorazed@gmail.com
Thursday, November 9, 2023 2:52:51 PM
From: Colin Rouaud <civicinput@newmode.org>
Sent: Thursday, November 9, 2023 4:49:21 PM
To: Info <info@vailgov.com>
Subject: colorazed@gmail.com
Dear Vail Town Council,
I'm a local of the Vail valley, born and raised, graduated high school from Vail Mountain School. The
big horn sheep have always been an integral part of the community, and represent a lifestyle of the
people that decide to live here. As a person who deeply values both growth and environmental
sustainability, the acquisition and conservation of Booth Heights seem like a step in the right
direction. While Vail continues to grow and develop, it's critical that we also prioritize green spaces
that serve as a reminder of the nature we need to protect.
Sincerely,
Colin Rouaud
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From:daniel.wiemeler@gmail.com
To:Council Dist List
Subject:New speed bumps are overkill
Date:Friday, November 10, 2023 10:10:03 AM
Hello town counsel,
This is my first email to you ever and it’s because we need to do something about the speed bumps in vail and lions
head parking structures. There are way too many. To me it seems illogical.
Thank you
Daniel wiemeler
Sent from my iPhone
12
From:evaxel@aol.com
To:Council Dist List
Cc:Nancy Stevens; Kathryn Middleton; HANNES Spaeh; Tom Kassmel; Dana Braun; Sloan Munter; Kristen Bertuglia;
Gregg Barrie; Beth Markham
Subject:Pease Keep Our Recycling
Date:Wednesday, November 15, 2023 9:34:40 AM
Dear Vail Town Council:
I read in yesterday's Daily that today is "America Recycles Day". Please
refer to the article to inform yourselves as to to how and why we, here in
Eagle County, recycle. It is important. Our Vail recycling center is
important.
Please consider these facts when analyzing the future of our center here in
Vail. Are you really considering removing such an important and heavily
used amenity for our local residents, few as we are, and guests? Our
town now has a sustainability staff because it is important. I'm assuming
they are supporting the keeping of our most used, environmentally
sustainable asset.
Please alot funds to beautify and screen the center to ensure its longevity.
A contemporary, good looking fence and a few trees is a pittance
compared to the millions the town is budgeting for other "improvement"
projects.
I can't imaging that trying to make Vail "Green" includes removing such an
obvious existing symbol of environmentalism.
Thank you for your consideration,
SAUNDRA L SPAEH ARCHITECT PC
POB 454 VAIL CO 81658
970 390 1198
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:November 21, 2023
TIME:10 min.
SUBMITTED BY:Steph Johnson, Housing
ITEM TYPE:Resolution
AGENDA SECTION:Proclamation
SUBJECT:Proclamation No. 13, Series of 2023, "Colorado Gives Day"
SUGGESTED ACTION:Read proclamation into the record.
PRESENTER(S):John Weiss, Small Champions Inc.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2023-13_COLORADO_GIVES_DAY.docx
14
PROCLAMATION NO. 13, SERIES OF 2023
“COLORADO GIVES DAY”
WHEREAS, charitable giving in Eagle County, Colorado is critical to providing support that local
nonprofit organizations need to make our community a desirable place to live;
WHEREAS, research shows an increase in online giving both locally and nationally, and many
believe it is the future of philanthropy;
WHEREAS, Colorado Gives Foundation and FirstBank have partnered in an effort to increase
charitable giving in our community through the online giving initiative Colorado Gives Day;
WHEREAS,Colorado Gives Day in 2022 raised $53 million statewide in a single 24-hour period
via online donations, and over $1.5 million to Eagle County nonprofits via 4,000 individual
donations at eaglecountycoloradogives.org, a website allowing donors to direct their
contributions to one or more of the over 50 local Eagle County charities featured on the site,
making it an ideal resource for facilitating charitable giving to our locally based nonprofit
organizations;
WHEREAS,Colorado Gives Day is Tuesday, December 5th this year, and all citizens are
encouraged to participate because all donations, large or small, can make a difference to
nonprofits in need; and
WHEREAS,Eagle County Gives is supported by the generosity of 1st Bank, Climax
Molybdenum, Comcast, 4 Eagle Foundation, Vail Daily, Vail Valley Cares, ANB Band, Chateau
at Beaver Creek, Manor Vail Lodge, Mountain Collective Physical Therapy, Ski Butlers, Vail
Valley Partnership, TV8, High Five Access Media, Radio Free Minturn, Always Mountain Time
and KNS Broadcasting.
NOW, THEREFORE, be it proclaimed by the Mayor and Town Council of Vail, Colorado that,
Tuesday, December 5, 2023, will be known as Colorado Gives Day in our community.
Dated this 21st day of November 2023.
Vail Town Council Attest:
___________________________
Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:November 21, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:October 3, 2023 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
100323 meeting minutes.pdf
16
Town Council Meeting Minutes of October 3, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, October 3, 2023
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Langmaid.
Members present: Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tem
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Brian Sipes, a Vail resident, and candidate for Town Council, commented on the afternoon
discussion regarding the streamlining of zoning regulations for Housing. He also complimented
the Town of Vail staff for being professional and easy to work with.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1 Resolution No. 37, Series of 2023, A Resolution Approving the Purchase of
Residential Property
Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, to
purchase Buffer Creek Condominium, Unit A10, 1860 Meadow Ridge Road, Vail, Colorado, in
an amount, not to exceed $775,000, plus closing costs.
Background: This resolution advances the Vail Town Council's critical action of achieving the
adopted housing goal of acquiring 1,000 new deed restrictions by the year 2027.
Staufer made a motion to approve, Coggin seconded motion passed (7-0).
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Town Council Meeting Minutes of October 3, 2023 Page 2
3.2 Wild Sheep Foundation Fiscal Sponsor Agreement
Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with
Wild Sheep Foundation to collect funds on behalf of the Town.
Background: The Wild Sheep Foundation will be collecting funds on the Town's behalf, and the
purpose of this agreement is to define the Foundation's role in facilitating these donations to the
Town, accepting donations on behalf of the Town, and managing such funds for the exclusive
use of the Town of acquisition of property.
Foley made a motion to approve; Davis seconded motion passed (7-0).
3.3 Contract Award to The Grey Edge Group for Geothermal Snowmelt Feasibility
Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with
The Grey Edge Group for the Ambient Temperature Loop Sink/Source Evaluation Study, in an
amount not to exceed $150,000.00.
Background: An initial study to decarbonize the town's snowmelt system showed promising
results, and a Phase II study is needed to further identify geothermal resources, advance
design, and rough order of magnitude for a potential networked geothermal system. This
technology has the potential to provide a clean energy solution to the town's snowmelt system.
Staufer made a motion to approve; Davis seconded motion passed (7-0).
4. Action Items
4.1 Town Council Decision of Valuation Decree for Booth Heights Property, Town of Vail
v. The Vail Corporation, et al., Case Number 2022CV30193
Presenter(s): Russell Forrest, Town Manager
The valuation hearing for Booth Heights was concluded on September 18th, 2023. The three-
member commission determined that the reasonable market value of the property is
$17,519,985.00. Given this determination of the court, the Town Council will consider two
options:
• Option A: Acquire the 23-acre parcel for $17,519,985.00 plus transactional costs, or
• Option B: Abandon the condemnation and pay transactional costs.
Langmaid read the summary of the valuation hearing for Booth Heights that was provided in the
staff memorandum for the public and explained Council had to make a decision regarding how
to proceed.
Forrest outlined alternative locations that were presented instead of the Booth Heights location,
which included 72 deed restricted housing units at Residence at Main Vail, the redevelopment
of Timber Ridge for 293 housing units, and the initiated RFP for the development of West
Middle Creek for 200 to 270 housing units.
18
Town Council Meeting Minutes of October 3, 2023 Page 3
Forrest went on to state the Town of Vail purchased three properties from CDOT, which
included parcels that augmented the Timber Ridge and West Middle Creek housing projects
and a parcel of land in East Vail that could support a moderately sized for sale project and
mentioned staff continued to work with other governmental entities to collaborate on a
significant housing project in Dowd Junction.
Langmaid stated the current Town Council was very committed to creating community housing
in the Town, explaining in the last two years, $140M was spent on housing.
Halloran went over the staff recommendation for funding option A, to fund the purchase of Booth
Heights, stating $12.0 million was already on deposit with the court and was funded by Real
Estate Transfer Tax Fund (RETT) reserves. Staff recommended funding the remaining $5.5
million in land cost and the future transactional costs from General Fund so the RETT Fund
would maintain adequate reserves to cover normal operations and annual capital maintenance
assuming average revenue collections. The proposed plan included an appropriate amount of
reserves to offset the uncertainty of real estate transactions in a particular year suggested if
RETT collections exceeded expectations in any given year, the surplus could be used to pay
back the General Fund over time.
Halloran stated should the Council members decide to choose option B, to abandon the
condemnation and pay transactional costs, staff would recommend using General Fund
Reserves.
Public comment was called.
Katie Santambrogio and Gaby Milhoan, from Social Impact Advisors, explained 525 individuals
donated to the bighorn sheep initiative and explained marketing for the bighorn sheep initiative
would ramp up.
Cathy Cohn, a Vail resident, expressed she felt it was fiscally irresponsible to purchase the
Booth Heights property and the decision for condemnation should have gone to a public vote.
Vail residents, Tony Ryerson, Frances Hartogh, Carrie Peterson, Mike Browning, Oakley
Milhoan, Betsey Kiehl, Richard Leslie, Charlyn Canada, Ramsey Cotter, Pam Stenmark, Tom
Vucich, Trey Milhoan, and Shelly Krueger spoke in favor of continuing with condemnation.
Alison Wadey, Vail Chambers and Business Association stated being against the condemnation
of Booth Heights didn’t mean a person was a sheep hater and hoped the community would stop
the animosity and she hoped the Town and community would be smarter moving forward.
Charles Whitwam, representative of Howl for Wildlife, assured the council that the letter writing
campaign was from real people and not SPAM.
Seibert stated he was going to vote for option A because he wanted to give the herd of sheep
it’s best chance at survival and to hopefully flourish. Seibert also stated the Town gained two
excellent sites for affordable housing, one being the completed 72 units at Residence at Main
Vail and the potential 200 units at the West Middle Creek site and hoped the community would
remember that in 30 years.
19
Town Council Meeting Minutes of October 3, 2023 Page 4
Davis stated he would not be supporting option A, and explained how different members of the
community reached out to him and did not feel like they were heard and did not support the
condemnation of Booth Heights or spending the money to acquire the property and they wished
there had been more of a public process, especially regarding the budget and its threshold.
Staufer explained he would be voting for option A, because he wanted to preserve the herd for
future generations and the Town had offered Vail Resorts options for collaboration that were not
accepted and echoed Langmaid’s earlier comments on spending $140M on community housing.
Mason stated she would be voting for option A because the land belonged to the bighorn sheep.
She went on to explain that even though she was voting for option A, it did not mean she was
against development or housing and hoped the community could heal.
Coggin explained he would not be supporting option A, but he respected and appreciated the
people who would be and hoped after everything was said and done, there would still be an
opportunity to make a deal with Vail Resorts.
Langmaid stated she would be voting in favor of option A, because the sheep being able to
sustain in Vail was important for the future generations to be able to appreciate Vail and its
legacy.
Foley explained he would be supporting option A, stating there was a reason everything in East
Vail was named Big Horn and he felt the organization in Broomfield was trying to divide the
community, but knew the Vail community was stronger than what Broomfield anticipated.
Foley made a motion to pay the remaining balance due to acquire the Booth Heights property,
$5,519,985 Town of Vail v. The Vail Corporation, et al., Case Number 2022CV30193 and to
authorize the Town Manager to take any further action necessary to complete the purchase of
the Booth Heights 23 acre parcel at the full value of $17,519,985.00, Mason seconded, motion
passed (5-2, Coggin and Davis opposed).
Foley also stated after acquiring the parcel of land, the Town would need to ensure the survival
of the herd by improving their habitat, possibly stop the grazing allotments of domestic sheep,
and be aware of the goats at the stables and potential diseases they may transmit.
4.2. Ordinance No. 20, Series 2023, First Reading, An Ordinance Making Budget
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, and Marketing Fund of the 2023 Budget for The Town of Vail,
Colorado; and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth
Detail in Regard Thereto.
Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager
Approve, approve with amendments, or deny Ordinance No. 20, Series 2023, upon first reading.
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Town Council Meeting Minutes of October 3, 2023 Page 5
Jakubiec summarized the primary purpose for the supplemental was to appropriate the transfer
funds from the General Fund to the Real Estate Transfer Fund to support the decision made by
Council, to move forward paying for the Booth Heights Valuation.
Jakubiec also explained the supplemental requested $24,000.00 to spend of received donations
for fundraising efforts related to Booth Heights, $48,000.00 to utilize Police Seizure Funds to
acquire two new police canines and make vehicle modifications to support the acquisition, as
well as, $20,000.00 for new sniper rifles for the Eagle County Special Operations Unit, which
would be offset by savings in the Public Safety Budget.
Forrest explained it would be staff’s intent to send a check to the Eagle County Court for Booth
Heights after the meeting, which would occur prior to second reading of the supplemental.
Council members asked for more information regarding the acquisition of the new police
canines.
Deputy Police Chief, Justin Liffick stated should the request be approved, the Vail Police
Department would reach out to the trainer in the hope they could come to Vail sometime
between November and December to train the two dogs, a Labrador and a German Short-
Haired Pointer, in the terrain and elements that they would be policing.
Coggin asked about the current K9 officer, Echo.
Liffick explained Echo was nearing retirement.
Staufer Made a motion to approve, Foley seconded motion passed (7-0).
4.3. Ordinance No. 19, Series 2023, First Reading, An Ordinance of the Town of Vail
Amending Title 12 of the Vail Town Code to Add the New West Vail Multi-Family Overlay
District, to Further the Town's Workforce Housing Goals
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Ordinance No. 19, Series 2023, upon first reading.
Background: This ordinance is proposing to amend the Vail Town Code with the adoption of the
West Vail Multi-Family Overlay District (WVMF). The WVMF overlay district is an
implementation component of the West Vail Master Plan, adopted by the Vail Town Council on
November 2, 2021.
Roy explained staff took the recommendations Council gave at the September 5, 2023, work
session, to take a tiered approach to some of the employee housing in the West Vail Multi-
Family Zoning District.
Roy went over the proposed language changes to for the code amendment. The changes
included:
• Increase Inclusionary Zoning (IZ) from 30% to 40%
• No Development Plan
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Town Council Meeting Minutes of October 3, 2023 Page 6
• Density Bonus
o 1 EHU- GRFA 4SF up to 60SF
o 2 EHUs- site coverage 30 to 35
o 3 EHUs- landscaping minimum 40% down to 35% and one parking space per
EHU
o 4 EHUs- max 18 units/acre to no max units/acre
Roy explained the idea of the Density Bonus was to incentivize the developments to be onsite
employee housing units when they come through the Inclusionary Zoning requirement.
Staufer asked if staff had done any modeling since the September 5th meeting, explaining the
last time staff was in front of them, the model suggested there would be 20% less in housing if
Council adopted the code amendment.
Roy answered staff had not done a lot of modeling, but the proposed changes would increase
the housing because at the September 5 meeting, there was a 30% inclusionary requirement,
but with the proposed changes, it was up to 40% with the potential for more.
Staufer stated he was concerned the proposed code amendment would trigger a net loss of
housing in that district.
Roy explained with the West Vail Multi-Family Zone District, staff’s goal was to give people an
opportunity where they would be able to redevelop as one of the goals of the West Vail Master
Plan and support a variety of housing types to achieve density and better facilitate accessory
dwelling units.
Davis asked for clarification about residents not being able to redevelop their property.
Roy clarified if a property owner had a duplex and wanted to redevelop with the current code,
they would have to go down to one and the property owners wouldn’t want to do that and was
the reason there were a lot of non-conforming properties currently in West Vail.
Coggin asked what the purpose was for 10,000 square feet minimum lot sizes.
Roy explained 10,000 square feet was the smallest lot size the Town had to allow people to get
more units or lots out of a larger property.
Staufer asked about the application process.
Roy explained property owners would need to apply for the rezoning. If passed, the proposed
ordinance would be codified into the Town Code, would only be applicable to the West Vail area
and defined the West Vail area as Buffehr down to the end on the north side and from the West
Vail roundabout to the upper bench of Donovan.
Davis asked how the code change would preserve community in the Town of Vail
neighborhoods and how it would encourage property owners to create more employee housing.
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Town Council Meeting Minutes of October 3, 2023 Page 7
Roy stated it would allow for more development opportunities as far as the range of properties
that could be developed currently.
Davis explained he thought there needed to be an added incentive for a developer who
currently owned a qualifying property in West Vail, to build something deed restricted as well,
attached to a for Sale Unit.
Forrest expressed staff needed direction regarding the proposed ordinance and reminded
Council they only had a few more meetings left as the current Council.
Coggin stated he would be in favor of passing the ordinance on first reading or tabling to a
different meeting but would ask staff to meet with him individually to go over the potential
different scenarios the change could make.
Seibert commented the Inclusionary Zoning at 40% from a zoning side as opposed to an
economic side, the 10% difference could affect somebody in terms of making a decision on
what they could sell for. He went on to say he would be in favor of moving forward with the
ordinance with the understanding nothing was set in stone.
Mire clarified the ordinance was not for re-zoning but for an establishment of a district and
Council could make changes to a district at anytime with two readings if something wasn’t
working or there was something with unintended consequences.
Roy further clarified a homeowner or developer would need to opt in and go through the
process. Staff could reassess after a year and see who opted in, were there adjustments that
needed to be made, of if no one opted in, that would also be an indication that adjustments
needed to be made.
Public comment was called.
Jack Bergey, Vail resident, thanked Council and staff for their work on the West Vail Overlay
District and was supportive of the plan.
Adam Nicholas, Vice President of Pine Ridge Town Homes HOA, asked with the new zoning,
what type of restrictions would current homeowners face if they had to rebuild if there was to be
a fire and the uncertainty has caused some concern.
Roy answered, according to section 1218, if a house were to burn down, the homeowner could
rebuild as long as the process was initiated within one year and it had to be built back the exact
same way it was before burning down.
Coggin made a motion to approve, Foley seconded motion passed (5-2, Foley and Staufer
opposed).
5. Town Manager Report
5.1Town Manager Report
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Town Council Meeting Minutes of October 3, 2023 Page 8
Forrest gave an update on the RFP process for selecting a development team for the West Middle Creek housing development. A recommendation was expected to come to the council on the next Town Council meeting on October 17, 2023. 5.2 Council Matters and Status Report
6. Public Hearings
6.1 Ordinance No. 18, Series 2023, Second Reading, An Ordinance Amending Chapters
11 and 12 of Title 7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town
Presenter(s): Deputy Chief Justin Liffick, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 18, Series of 2023, upon second
reading.
Background: This Ordinance No. 15, Series 2022, is to address HVCCs and strengthen
language for the Loading & Delivery maps.
Mire stated there were no changes since first reading and asked if there was a motion to pass
the ordinance, to include in the motion to direct the Town Attorney to approve the ordinance to
include an exception for an E-Walker.
Mire explained the inclusion would allow drivers to park at the dock and deliver packages
without using the Town’s contracted pilot partner 106West.
Forrest explained Police Chief, Ryan Kenney continued to work with FedEx and UPS to find an
agreement on the proposed ordinance.
Mason asked what the status of FedEx was.
Forrest answered that FedEx Freight was not going into the village but staff was allowing them
to use the freight locations or drop off and was hopeful an agreement could be met.
Public comment was called.
Alison Wadey, Vail Chambers Business Association, expressed concerns regarding the
business community was receiving mixed messages from the Vail Police Department and
FedEX and UPS.
Staufer asked what the current procedure was for merchants to receive their packages from
FedEx and UPS.
Forrest stated, currently staff was still allowing FedEx and UPS to make deliveries in the village
but would be transitioning them to the docks once an agreement could be met.
Coggin stated his understanding was Vail Police Department would work with deliveries that
were considered exception, but the goal was to maximize the utilization of the loading docks.
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Town Council Meeting Minutes of October 3, 2023 Page 9
Coggin made a motion to approve Ordinance 18, Series of 2023 adding the exception of an E-
Walker , Davis seconded motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Staufer seconded motion passed (7-0), meet adjourned at 8:06 p.m.
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
______________________________
Stephanie Bibbens, Town Clerk
25
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:November 21, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:October 17, 2023 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
101723 meeting minutes.pdf
26
Town Council Meeting Minutes of October 17, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, October 17, 2023
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Langmaid.
Members present: Kim Langmaid, Mayor
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Members present on Zoom: Travis Coggin, Mayor Pro Tem
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Rick Sackbauer, a Vail resident, expressed concerns about established view corridors. He
stated trees were blocking the view from Checkpoint Charlie looking toward the Gore Range. He
also had concerns regarding the state of the Vail Trail, which he stated had fallen into disrepair
with several downed trees.
Mike Griffin, board member of High Five Access Media, reminded Council and the community of
all the services the High Five Access Media organization provided.
Jack Bergey, a Vail resident, welcomed the delegation in town from Japan. He thanked council
for relaunching the Global Friendship Exchange program.
2. Any action as a result of executive session
There was none.
3. Proclamation
3.1 Proclamation No. 11, Series of 2023 Recognizing and Relaunching Vail's Global
Friendship Exchange with Yamanouchi Machi, Nagano, Japan
Presenter(s): Kim Langmaid, Town Mayor
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Town Council Meeting Minutes of October 17, 2023 Page 2
Background: The Exchange celebrates diversity and promotes cultural understanding,
tolerance, empathy, and appreciation for diverse global perspectives.
Council members took turns reading Proclamation into the record.
3.2 Proclamation No. 12, Series of 2023 National Friends of Libraries Week
Presenter(s): Lori Barnes, Director of Library Services
Background: Friends of Libraries groups have their very own national week of celebration!
United for Libraries coordinates this 18th annual National Friends of Libraries Week Oct. 15-21,
2023.
Council members took turns reading Proclamation into the record.
4. Consent Agenda
4.1 September 5, 2023 TC meeting minutes
Foley made a motion to approve, Staufer seconded motion passed (7-0).
4.2 September 19, 2023 TC meeting minutes
Davis made a motion to approve; Mason seconded motion passed (5-0, Davis and Seibert were
absent on the September 19 meeting).
4.3 Contract Award to Design Workshop for the Second Phase of the Civic Area Plan
Implementation
Authorize the Town Manager to enter into a contract, in a form approved by the Town Attorney,
with Design Workshop for the second phase of the Civic Area Plan implementation, not to
exceed $356,486.00.
Background: As the conceptual design plans for Dobson are further developed and construction
begins, the timing is right to take a wholistic view of how best to sequence and execute the next
steps toward implementation of the Civic Area Plan. The purpose of this memorandum is to
request the Vail Town Council to authorize the Town Manager to enter negotiations to award a
contract to Design Workshop.
Mason made a motion to approve, Davis seconded motion passed (7-0).
5. Town Manager Report
5.1Town Manager Report Forrest confirmed with the council their approval of a request for his participation on the policy committee for the Colorado Municipal League and mentioned the town was hosting a delegation from Yamanouchi Machi, the Mountain Towns 2030 conference, and the Colorado Association of Ski Towns in the same week.
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Town Council Meeting Minutes of October 17, 2023 Page 3
5.2 Council Matters and Status Report
6. Action Items
6.1 Development of West Middle Creek
Presenter(s): George Ruther, Director of Housing
Listen to presentation and provide next steps.
Background: The purpose of this item is to provide the Vail Town Council and Vail community
with an update on the Request for Proposals for development services for the West Middle
Creek Village Apartments selection process, share the recommendation of a private sector
development partner, and outline a series of next steps in the process of developing the site.
Ruther gave an update on the RFP process for the development of local homes at West Middle
Creek. Stating of ten qualified responses received, the selection advisory committee narrowed
the list to three finalists – Corum Real Estate Group, Gorman & Company and Triumph
Development.
Ruther went on to say the committee recommended the town enter into pre-development
agreement negotiations with Corum Real Estate Group and next steps will be to finalize an
agreement, and potentially begin design work by November.
Davis asked if the Town was going to enter into a partnership with Corum, he would like to see
more data than just stakeholders of what the Town needed for the development.
Ruther explained Corum was committed to providing a market study to prove out the concepts
of the proposal that was provided to Council.
Foley was concerned with the average Area Median Income and wanted to see if the Town
could subsidize on the rental rates to get more employees into the project.
Ruther stated there were some opportunities for additional participation from the Town that
could positively affect some of those rental rates and would work through those opportunities in
the development agreement.
Staufer expressed concerns regarding the unit type and was worried the Town was stretching
the limits of a particular product.
Ruther explained the market study would help validate and verify the proposal that was put in
place.
Staufer asked if the design cues were taken from Simba Run and commented how it was much
further away than Vail Village and Lionshead were.
Ruther told Staufer staff would keep that in mind moving forward.
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Town Council Meeting Minutes of October 17, 2023 Page 4
Davis made a motion to direct the Town Manager and Housing Director to negotiate and
exclusive pre-development agreement with Corum Real Estate Group; Mason seconded motion
passed (7-0).
6.2 Ordinance No. 21, Series of 2023, First Reading, 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
Presenter(s): Ryan Kenney, Police Chief, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 21, Series of 2023 upon First
Reading.
Background: Staff is requesting to add a penalty assessment to our penalty ordinance 1-4-1.
Kenney present a code amendment that would add a penalty assessment to the Town Code
and would allow officers to have a penalty code.
Kenney explained a first offense would be $100.00, second offense would be $500.00, and the
penalties would increase from there. He also stated, the code would break out two violations,
Deceptive Use, which the first violation would cost $500.00 and the other would add a Bear
Violation and would cost $1000.00 for the first violation.
Buck Allen, Municipal Court Judge, stated the proposed code change was a win-win proposition
of the type of action.
Staufer made a motion to approve; Foley seconded motion passed (7-0).
7. Public Hearings
7.1 Ordinance No. 19, Series 2023, Second Reading, An Ordinance of the Town of Vail
Amending Title 12 of the Vail Town Code to Add the New West Vail Multi-Family Overlay
District, to Further the Town's Workforce Housing Goals
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Ordinance No. 19, Series 2023, upon second
reading.
Background: This ordinance is proposing to amend the Vail Town Code with the adoption of the
West Vail Multi-Family Overlay District (WVMF). The WVMF overlay district is an
implementation component of the West Vail Master Plan, adopted by the Vail Town Council on
November 2, 2021.
Roy stated there were no changes made to the ordinance since first reading and reminded
Council of the proposed amendments staff wanted to make to the existing code.
Langmaid asked Davis if he was able to gather more information he wanted since first reading.
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Town Council Meeting Minutes of October 17, 2023 Page 5
Davis stated he spoke with staff and understood what he would like to see happen would need
to happen outside of the proposed ordinance and asked Roy for clarification on the parking EHU
component.
Roy explained with three EHUs on site, the Density Bonus, the developer would be able to do
one EHU parking spot or one parking spot per EHU.
Staufer asked for clarification on the application process.
Roy stated the process required an application to the Planning Commission, the rezoning
criteria would need to be applied, the Planning Commission would nee to make a
recommendation to approve, and then the application would go to Town Council for review and
final review.
Public comment was called.
Jack Bergey, a Vail resident, asked if there were any changes made since first reading.
Council answered no.
Mason made a motion to approve; Mason seconded motion passed (7-0).
7.2 Ordinance No. 20, Series 2023, second Reading, An Ordinance Making Budget
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, and Marketing Fund of the 2023 Budget for The Town of Vail,
Colorado; and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth
Detail in Regard Thereto.
Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager
Approve, approve with amendments, or deny Ordinance No. 20, Series 2023, upon second
reading.
Background: Please see attached memo.
Jakubiec stated there were no changes made since first reading.
Foley made a motion to approve. Staufer seconded motion passed (6-1, Coggin opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Mason seconded motion passed (7-0), meet adjourned at 7:23 p.m.
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Town Council Meeting Minutes of October 17, 2023 Page 6
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
______________________________
Stephanie Bibbens, Town Clerk
32
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:November 21, 2023
SUBMITTED BY:Steph Johnson, Housing
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 46, Series of 2023, A Resolution Approving a
Highway Maintenance Agreement Between the Town of Vail and
the Colorado Department of Transportation ("CDOT")
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 46,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution Approving a Highway Maintenance Agreement between the Town of Vail and the Colorado
Department of Transportation.docx
Complete Draft HWY MTCE Vail 331003134 Nov 2 2023.pdf
33
RESOLUTION NO. 46
Series of 2023
A RESOLUTION APPROVING A HIGHWAY MAINTENANCE AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF
TRANSPORTATION(“CDOT")
WHEREAS, CDOT and the Town wish to enter into a maintenance agreement
for the frontage roads in the form attached hereto as Exhibit A, incorporated herein
and made a part hereof by this reference (the "Maintenance 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 Maintenance Agreement.
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 21st day of November, 2023.
_______________________
Kim Langmaid, Mayor
ATTEST:
_________________________
Stephanie Bibbens, Town Clerk
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(State $HWY Mtce) Rev 10/03
TOWN OF VAIL Region: 3 (CM)
CONTRACT
THIS AGREEMENT is entered into by and between TOWN OF VAIL (hereinafter called the “Local Agency” or
“Contractor”), and the STATE OF COLORADO acting by and through the Department of Transportation
(hereinafter called the “State” or “CDOT”).
RECITALS
1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of project and Local Agency costs. Total contract
amount: $775,000.00.
2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
3.Section 43-2-135(1)(i) C.R.S., as amended, requires the State to install, operate, maintain and control, at State
expense, all traffic control devices on the state highway system within cities and incorporated towns.
4.The parties desire to enter this Contract for the Contractor to provide some or all of the certain Highway
maintenance services on state highways that are the responsibility of the State under applicable law, and for the
State to pay the Contractor a reasonable negotiated fixed rate for such services.
5.The parties also intend that the Contractor shall remain responsible to perform any services and duties on state
highways that are the responsibility of the Contractor under applicable law, at its own cost.
6.The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104,
and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the
Contractor, to enter into contract with the Contractor for the purpose of maintenance of traffic control devices on
the state highway system as hereinafter set forth.
7.The Contractor has adequate facilities to perform the desired maintenance services on State highways within its
jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Local Agency shall perform all Maintenance Services for the specified locations located within the Local Agency's
jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1.Special Provisions contained in section 22 of this Contract
2.This Contract
3.Exhibit A (Scope of Work)
4.Exhibit C (Option Letter)
5.Exhibit D (Encumbrance Letter)
6.Exhibit B (Local Agency Resolution)
7.Exhibit E (PII Certification)
Section 3. Term
This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on
October 31, 2023, whichever is later. The term of this contract shall be until June 30, 2028. Provided, however,
that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year
shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise
made available therefor.
Section 4. Project Funding and Payment Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives
of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the
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work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
B. Subject to the terms of this Contract, for the satisfactory performance of the Maintenance Services on the
Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in
monthly installments, upon receipt of the Local Agency's statements, as provided herein.
C. The Local Agency will provide Maintenance Services as described in Exhibit A, for a total maximum amount
of $155,000.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-
year total of $775,000.00. The negotiated rate per mile shall remain fixed for the full five-year term of the
contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total
payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this
contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45
days.
D. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices
under this agreement at the rates described in Exhibit A.
E. The statements submitted by the Local Agency for which payment is requested shall contain an adequate
description of the type(s) and the quantity(ies) of the Maintenance Services performed, the date(s) of that
performance, and on which specific sections of the Highways such services were performed, in accord with
standard Local Agency billing standards.
F. If the Local Agency fails to satisfactorily perform the Maintenance Services or if the statement submitted by the
Local Agency does not adequately document the payment requested, after notice thereof from the State, the State
may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that
segment or portion.
Section 5: State & Local Agency Commitments:
A. The Local Agency shall perform the Maintenance Services for the certain State Highway System locations
described herein. Such services and locations are detailed in Exhibit A.
B. The Local Agency shall operate and maintain the highway miles as listed on Exhibit A. As used herein the term
"maintenance services" shall mean only those maintenance services normally performed by the State to comply
with its responsibility under §§43-2-102 and 43-2-135, C.R.S., as described in the State's then current
"Maintenance Management Information Manual", as amended, which is incorporated herein by this reference.
The Local Agency shall obtain a copy of that Manual from the State before it performs any Maintenance Services
under this contract. Maintenance Services do not include reconstruction of portions of the highways destroyed
by major disasters, fires, floods, or Acts of God. Provided, however, that the Local Agency shall give the State
immediate notice of the existence of any such conditions on the Highways.)
1. Maintenance Services to be performed by the Local Agency, at State expense, for the
Highways under this contract shall include (without limitation) the following services:
a. Removal of snow, sanding and salting.
b. Patching, making safe, repairing, spot reconditioning, spot stabilization and spot seal coating, including
shoulders, and damage caused by ordinary washouts.
c. Painting of bridges, of other structures, and of highway appurtenances.
d. Warning the State's representative of any "dangerous condition" (as defined in §24-10-103(1) C.R.S., as
amended), and/or repairing that condition.
e. Inspecting State Highway signing and regulatory devices on the Highways at least weekly and notifying
the State's Regional Transportation Director as soon as the Local Agency has notice of any State
Highway signing and regulatory devices in need of repair.
2. Local Agency shall also continue to perform, at its own expense, all activities/duties on the Highways that
Local Agency is required to perform by §43-2-135 (1) (a) and (e), C.R.S., as amended, including, but not
limited to: cutting weeds and grasses within the State's right of way; fence maintenance; cleaning of
roadways, including storm sewer inlets and catch basins; cleaning of ditches; and repairing of drainage
structures, excluding storm sewers.
C. The Local Agency shall perform all Maintenance Services on an annual basis. The Local Agency's performance
of such services shall comply with the same standards that are currently used by the State for the State's
performance of such services, for similar type highways with similar use, in that year, as determined by the State.
The State's Regional Transportation Director, or their representative, shall determine the then current applicable
maintenance standards for the Maintenance Services. Any standards/directions provided by the State's
representative to the Local Agency concerning the Maintenance Services shall be in writing. The Local Agency
shall contact the State Region office and obtain those standards before the Local Agency performs such services.
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D. The Local Agency shall perform the Maintenance Services in a satisfactory manner and in accordance with the
terms of this contract. The State reserves the right to determine the proper quantity and quality of the Maintenance
Services performed by the Local Agency, as well as the adequacy of such services, under this contract. The State
may withhold payment, if necessary, until Local Agency performs the Maintenance Services to the State's
satisfaction. The State will notify the Local Agency in writing of any deficiency in the Maintenance Services.
The Local Agency shall commence corrective action within 24 hours of receiving actual or constructive notice of
such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the event the Local
Agency, for any reason, does not or cannot correct the deficiency within 24 hours, the State reserves the right to
correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Local
Agency, or to bill the Local Agency for such work.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for
a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later,
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the project and to inspect, review and audit the project records.
Section 7. Termination Provisions
This contract may be terminated as follows:
A. This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only
upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later
than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the
Local Agency only for that portion of the highway Maintenance Services actually and satisfactorily performed
up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up
to that date, and the parties shall have no other obligations or liabilities resulting from that termination.
Notwithstanding subparagraph A above, this contract may also be terminated as follows:
B. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination.
C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.
D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
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Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing
this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 3, . Said Region
Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice
to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State’s Transportation Region 3 and the
Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below.
Either party may from time to time designate in writing new or substitute representatives.
If to State If to the Local Agency
CDOT Region: 3 TOWN OF VAIL
TODD BLAKE GREG HALL
Project Manager PUBLIC WORKS DIRECTOR
606 S 9TH STREET 75 SOUTH FRONTAGE ROAD WEST
GRAND JUNCTION, CO 81501 VAIL, CO 81657
970-640-3452 970-479-2160
Section 10. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 15. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
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embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 16. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 17. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
A. Amendment
Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject
to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties
agree to change the provisions of this contract, the renegotiated terms shall not be effective until this Contract is
amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with
applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and
implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work.
Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment
to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change
will go into effect on the first day of the first month following the amendment execution date.
B. Option Letter
a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices
(rates) originally established in the contract. The State may exercise the option by written notice to the Local
Agency in a form substantially equivalent to Exhibit C.
b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the
maximum amount payable under this contract based upon the unit prices (rates) originally established in the
contract and the schedule of services required, as set by the terms of this contract. The State may exercise the
option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit
C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not
be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go
into effect on the first day of the first month following the option letter execution date.
C. State Encumbrance Letter
The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral
execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully
executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services
shall continue at the same rate and under the same terms as established in the contract.
Section 18. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract,
which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official, representative, or board on a question of law.
Section 19. Does not supersede other agreements
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This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect
between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the
jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such
activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to
perform.
Section 20. Subcontractors
The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local
Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local
Agency may intend to perform some or all of the services required under this contract through a subcontractor. The
Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the
performance required under the contract] without the express, written consent of the State; which shall not be
unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding
only upon the parties hereto and their respective successors and assigns.
Section 21. Statewide Contract Management System
If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective
Date or at any time thereafter, this §Statewide Contract Management System applies.
Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts
and inclusion of contract performance information in a statewide contract management system.
Local Agency’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions
of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Local Agency’s performance shall be part of the normal contract administration process and Local
Agency’s performance will be systematically recorded in the statewide contract Management System. Areas of
Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s
obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of
the contract term. Local Agency shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Local Agency demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing
of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency
may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either
removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal
of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause.
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Section 22. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract 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 funds 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 Contract 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
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor 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 Contractor or any of its agents or employees. Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Contract. Contractor 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, and (iii) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor 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 Contract. 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 Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the
State to agree to binding arbitration; limits Contractor’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 Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this
Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any
insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the
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State determines that Contractor is in violation of this provision, the State may exercise any remedy available at
law or in equity or under this Contract, including, without limitation, immediate termination of this Contract 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 Contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s
services and Contractor shall not employ any person having such known interests.
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Section 23. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
TOWN OF VAIL
Name:_______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By___________________________________________
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO
LEGAL REVIEW
Philip J. Weiser, Attorney General
By___________________________________________
Signature – Assistant Attorney General
Date:_________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until
signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance
until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:______________________________________
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Vail Highway Maintenance
Exhibit A: Page 1 of 2
Exhibit A
Scope of Work
Region 3, Section 2 Maintenance has a highway maintenance agreement between CDOT and the
Town of Vail.
The rate negotiated by the parties per mile for this agreement is $13,373.59 per lane mile, and
the number of miles of highway segments for which the town will provide maintenance services
is 11.59 lane miles, up to a total maximum amount of $155,000.00 per fiscal year, to be
invoiced as work progresses, not to exceed the total agreed upon amount. This agreement
has been considered and deemed beneficial to the Town of Vail and the State by John David,
Region 3 Section 2 Maintenance Superintendent.
A.The town shall perform all "maintenance services" (defined in the attached Exhibit) for
the certain State Highway System segments described herein, located within the town's
jurisdiction, for a total length of 11.59 miles ("the Highways"), as follows:
I-70 Frontage Rd. Including Fall Line Dr. and new underpass roadway: MP 172.2 to MP
180.3
B.As used herein the term "maintenance services" shall mean only those maintenance
services normally performed by the State to comply with its responsibility under §§ 43-2-102
and 43-2-135, C.R.S., as described in the State's then current "Plant Maintenance Field Manual",
as amended which is incorporated herein by this reference. The town shall be furnished a copy of
that manual from the State before it performs any maintenance services under this agreement.
Maintenance Services Activity List:
Code Activity Name Units
152 Flexible Pavement Patching/Minor Repairs Square Yard
153 Rigid Pavement Patching/Minor Repairs Square Yard
402 Snow Removal & Traction Application (Sanding, Deicers) Mile (Plow Mile)
406 Snow Removal – Special Equipment Labor Hours
("Maintenance services" do not include reconstruction of portions of the highways destroyed by
major disasters, fires, floods, or Acts of God. Provided, however, that the town shall give the State
immediate notice of the existence of any such conditions on the highways.) If services not noted
in the Maintenance Services Activity List need to be considered, contact John David, Region 3
Section 2 Maintenance Superintendent.
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Vail Highway Maintenance
Exhibit A: Page 2 of 2
Exhibit A
Maintenance services to be performed by the town, at State expense, for the highways under this
agreement shall include (without limitation) the following services:
Removal of snow.
Patching, making safe, repairing, spot reconditioning, spot stabilization and spot seal
coating, including shoulders; and damage caused by ordinary - washouts.
Warning the State's representative of any "dangerous condition" (as that term is defined
in §24-10-103(1) C.R.S., as amended), and/or repairing that condition.
Inspecting State Highway signing and regulatory devices on the Highways done
concurrently with other maintenance work and notifying the State's Region 3 Section 2
Maintenance Superintendent or a State representative as soon as the town has notice of
any State Highway signing and regulatory devices in need of repair.
C.Town shall also continue to perform, at its own expense, all activities/duties on the
Highways that the town is required to perform by§43-2-135 (1) (a) and (e), C.R.S., as amended,
including, but not limited to: cutting weeds and grasses within the State's right of way; fence
maintenance; cleaning of roadways, including storm sewer inlets and catch basins; cleaning of
ditches; and repairing of drainage structures. The town's performance of such services shall
comply with the same standards that are currently used by the State for the State's performance
of such services, for similar type highways with similar use, in that year, as determined by the
State. The State's Region 3 Section 2 Maintenance Deputy Superintendent, or his representative,
shall determine the then current applicable maintenance standards for the maintenance services.
Any standards/directions provided by the State's representative to the town concerning the
maintenance services shall be in writing.
D.The statements submitted by the town for which payment is requested shall contain an
adequate description of the type(s) and the quantity(ies) of the maintenance services performed,
the date(s) of that performance, and on which specific sections of the highways such services
were performed, in accord with Maintenance Services Activity Codes noted in section B, as
shown above.
E.For transparency as well as for audit purposes, the following needs to be included in all
billings submitted on a monthly basis. The statements submitted by the town for which payment
is requested shall contain an adequate description of the type(s) and the quantity (ies) of the
maintenance services performed, the date(s) of that performance, and on which specific sections
of the Highways (as noted above) such services were performed, in accord with standard town
billing standards.
F.Monthly billing is based on service performed in each month; it is not based on equal
billings. Some months may have no chargeable services, while others may be well over an
average monthly amount.
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Exhibit B – page 1 of 1
EXHIBIT B – LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
(if applicable)
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Exhibit C – Page 1 of 1
SAMPLE IGA OPTION LETTER
Highway or Traffic Maintenance
(This option has been created by the Office of the State Controller for CDOT use only)
Date: State Fiscal Year: Option Letter No. Routing #
Vendor name:
1)SUBJECT:
Change in the amount of goods within current term.
2)REQUIRED PROVISIONS:
In accordance with Section 17 of contract routing number insert FY, agency code & routing #, between the
State of Colorado, Department of Transportation, and insert Local Agency name the state hereby exercises
the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit
A.
The amount of the current Fiscal Year contract value (encumbrance) is increased/decreased by $ amount
of change to satisfy services/goods ordered under the contract for the current fiscal year insert fiscal year.
The Contract Encumbrance Amount in Recital 1 is hereby modified to $amount of new annual
encumbrance, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to
$amount of new annual encumbrance and the Contract (five-year term) not to exceed amount shall be
modified to $amount of the new five-year maximum.
The total contract value to include all previous amendments, option letters, etc. is $insert
accumulated/total encumbrance amount.
3)EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is
later.
APPROVALS:
State of Colorado:
JARED S. POLIS, GOVERNOR
By: _____________________________________________ Date: __________________
Keith Stefanik, P.E., Chief Engineer, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not
valid until signed and dated below by the State Controller or delegate. Local Agency is not
authorized to begin performance until such time. If Local Agency begin s performing prior thereto,
the State of Colorado is not obligated to pay Local Agency for such performance or for any goods
and/or services provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By: __________________________________
Date: ________________________________
Form date: August 16, 2013
EXHIBIT C - SAMPLE OPTION LETTER
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Exhibit D – Page 1 of 1
ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing #:
Orig. IGA: PO:
1)Encumber fiscal year funding in the contract.
2)PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routing
number Orig Routing # between the State of Colorado, Department of Transportation, and
Contractor's Name, covering the term July 1, Year through June 30, Year, the State hereby
encumbers funds for the goods/services specified in the contract for fiscal year .
The amount to be encumbered by this Encumbrance Letter is $amount of change. The Total
contract (encumbrance) amount, including all previous amendments, option letters, etc. is
$Insert New $ Amt.
3)EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State
Controller.
STATE OF COLORADO
Jared S. Polis, GOVERNOR
Department of Transportation
By:
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _____________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and
dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If
Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________
Department of Transportation
Date: _____________________
EXHIBIT D – SAMPLE ENCUMBRANCE LETTER
48
Exhibit E- Page 1 of 1
EXHIBIT E
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
49
AGENDA ITEM NO. 4.4
Item Cover Page
DATE:November 21, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 47, Series of 2023, A Resolution Approving An
Intergovernmental Agreement Between the Town of Vail and
Eagle County for Animal Control Services; And Setting Forth
Details in Regard Thereto
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 46,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution Animal Control Services with Eagle County jmm.docx
IGA for Town of Vail 2024-2026.docx
50
1
RESOLUTION NO.47
Series of 2023
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY FOR ANIMAL
CONTROL SERVICES
WHEREAS, the Town and Eagle County (the "County") wish to enter into an
Intergovernmental Agreement, in substantially the same form attached hereto as
Exhibit A (the "IGA"),authorizing the County to provide animal control services
within the Town limits.
NOW THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA in substantially the same
form 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 21st day of November 2023.
_________________________
Kimberly Langmaid, Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
51
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND THE TOWN OF VAIL
FOR THE PROVISION OF ANIMAL SERVICES
This Agreement made this ________________________, by and between the County of
Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Vail, a
municipal corporation (the "Town").
WITNESSETH
WHEREAS, the Town desires to contract with the County for the performance of the
hereinafter described Services on the terms and conditions hereinafter set forth; and
WHEREAS, the County agrees to perform such Services on the terms and conditions
hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1-
201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the
Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree hereby as follows:
SECTION 1. TERRITORY COVERED.
The Services described herein will be provided within the municipal boundaries of the Town of
Vail.
SECTION 2. DEFINITIONS.
“Eagle County Animal Services Officer” is defined as an employee of the County who performs
tasks to provide services, among other tasks, described in this agreement.
“Emergency Call” is defined as a situation involving life safety for a person or pet animal which
cannot be defused by local law enforcement.
“Emergency On-Call Service” is defined as any Emergency Call received by the County for which
Animal Services assistance is required and no Eagle County Animal Services Officer is on duty to
respond as more thoroughly described below.
“Shelter” means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle,
Colorado, and any other shelter facility operated or designated by County.
52
“Unclaimed Day” is defined as a calendar day or any part thereof during which an unclaimed
animal is confined in Shelter on behalf of the Town.
SECTION 3. SCOPE OF SERVICES.
The County agrees to provide General Animal Services and Emergency On-Call Service
(collectively, the “Services”) within the Town of Vail as follows:
A. General Animal Services shall include:
i.Randomly-scheduled patrols, consisting of inspection tours looking for violations
or responding to complaints. The scope of these patrols is to be designed to gain
voluntary compliance and uniform administration of the Town of Vail Animal
Ordinance as defined below.
ii.Administration and enforcement of Title 6 of the Town of Vail Municipal Code
(“Town of Vail Animal Ordinance”) presently in effect and as may be subsequently
amended to apply for the control and licensing of animals within the Town
boundaries. The Eagle County Animal Services Officer shall be considered the
Animal Control Officer of the Town as defined by Section 6.4.2 of the Town of
Vail Municipal Code.
iii.The County shall provide the Town with monthly reports and an annual report of
services provided pursuant to this Agreement. Such reports shall include, by way
of example only, the number of calls for service, number of animals sheltered,
number of Unclaimed Days, and number of citations issued, as they apply to the
Town of Vail.
iv.Animal sheltering services for animals attributable to the Town, of the nature and
quality customarily provided at the Shelter. Animals attributable to the Town are
animals impounded within the Town of Vail and animals owned by persons
dwelling, permanently or temporarily, in the Town of Vail.
B. Emergency On Call Services shall include:
i.Unless otherwise arranged in accordance with Section 3.C of this Agreement,
Emergency On-Call Services will be provided outside normal County business
hours. In the event that an Eagle County Animal Services Officer is not
immediately available to respond to an incident or emergency, the Town of Vail
will provide available personnel to secure the scene and administer control of the
situation until the Eagle County Animal Services Officer arrives to resolve said
incident.
C. After Hours Patrolling
i.When requested by the Town and approved by the County patrolling will be
provided outside of normal County business hours.
53
SECTION 4. OFFICIAL STATUS.
For the purpose of performing the Services and functions set forth in this agreement, Eagle County
Animal Services shall enforce, as the Town’s agent, the Town of Vail Animal Ordinances relating
to animal control and licensing now in effect and as amended.
SECTION 5. EQUIPMENT.
The County shall furnish and supply, at its sole expense, all necessary labor, supervision,
equipment, motor vehicles, office space, and operating and office supplies necessary to provide
the services to be rendered hereunder.
SECTION 6. COMPENSATION.
A. The Town of Vail agrees to pay the County, monthly, at the following amounts:
1. January 1, 2024 through December 31, 2026: $4323.00/month
B. The Town of Vail agrees to pay the County on or before the fifteenth day of each month
for all Services rendered the previous month.
C. All fees and expenses recovered at or for the Shelter will remain with the County.
D. All court fines and costs will remain with the court of venue.
SECTION 7. PERSONNEL.
A. The Eagle County Animal Services Officer shall have full cooperation from the Town of
Vail, its public works, its police officers and/or their respective officers, agents, and
employees, so as to facilitate the performance of this Agreement.
B. The rendition of Services provided for herein, the standards of performance, the discipline
of officers, and other matters incident to the performance of such services and the control
of personnel so employed, shall remain in the County.
C. All persons employed in the performance of such Services for the Town of Vail, pursuant
to this agreement, shall be County employees, except for Town personnel used to secure
the scene as described in Section 3.
SECTION 8. LIABILITY AND INSURANCE.
A. The County and the Town shall respectively provide its own general liability and public
officials’ errors and omissions insurance coverage for claims arising from this Agreement.
Further, the County and the Town, respectively as named insureds, shall include the other
respective party, its officers, employees, and agents, as additional insureds under the named
54
insured’s insurance policies. The named insured’s insurance shall be primary and non-
contributory as respects any covered claim against an additional insured arising out of the
premises or operations of the named insured. The parties agree that a claim arising out of
the County’s enforcement of the Town’s ordinance in accordance with the terms of this
Agreement shall constitute an operation of the Town for purposes of the County’s
additional insured status under the Town’s insurance. A certificate of insurance consistent
with the foregoing requirement is attached hereto as Exhibit A. This provision shall
survive expiration or termination of this Agreement.
B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to either party, its officials,
employees, contractors’ or agents, or any other person acting on behalf of either party and,
in particular, governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
This paragraph shall survive termination of this Agreement.
SECTION 9. TERM AND TERMINATION.
A. This Agreement is effective January 1, 2024, and shall end at 11:59 p.m. on the 31st day
of December, 2026. Either party shall have the right to terminate this agreement with or
without cause at any time by giving the other party thirty (30) days' prior written notice of
termination. Upon termination, the County shall be entitled to compensation for services
performed prior to such termination (calculated by prorating the monthly rate for the
number of days the County performed Services), and both parties shall thereafter be
relieved of any and all duties and obligations under this Agreement.
B. Obligations of the Town of Vail and the County, respectively, after the current fiscal year,
are contingent upon funds for the purpose set forth in this Agreement being appropriated,
budgeted and otherwise made available.
[the rest of this page is intentionally blank]
55
SECTION 10. GENERAL PROVISIONS.
A. Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town of Vail and the County, under this Agreement, shall be in
writing and shall be deemed to have been given or served, if delivered or if mailed by
certified mail, postage prepaid or hand delivered to the parties as follows:
Town of Vail:
Town Attorney
75 S. Frontage Road
Vail, CO 81657
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either party may change the address to which notices, requests, consents, approvals, written
instructions, reports or other communications are to be given by a notice of change of address
given in the manner set forth in this paragraph A.
B. This Agreement does not and shall not be deemed to confer upon or grant to any third party
any right to claim damages or to bring any lawsuit, action or other proceedings against
either the Town or the County because of any breach hereof or because of any terms,
covenants, agreements or conditions contained herein.
C. No modification or waiver of this Agreement or of any covenant, condition, or provision
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith.
D. This written Agreement embodies the whole agreement between the parties hereto and
there are no inducements, promises, terms, conditions, or obligations made or entered into
either by the County or the Town other than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their successors or
assigns and may not be assigned by anyone without the prior written consent of the other
respective party hereto.
F. All agreements and covenants herein are severable, and in the event that any of them shall
be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as
if such invalid Agreement or covenant were not contained herein.
56
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
By:______________________________
Kathy Chandler-Henry, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
TOWN OF VAIL
Attest:
By:___________________________By:__________________________________
Town Clerk Mayor
57
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:November 21, 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:
Priority Vail Town Council Goals for 2023.docx
58
PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
CATEGORY GOALS NEXT STEPS WHO
Housing The Town of Vail will acquire 1,000 additional resident
housing deed restrictions by the year 2027 as compared
to 2017. By October 1, 2023:
1.Complete the Residences at Main Vail.
2.Initiate the entitlement process for the Timber
Ridge and West Middle Creek housing
developments.
3.Acquire the East Vail CDOT parcel and initiate the
design process.
4.Initiate the acquisition process for one additional
parcel of land to create a significant regional
housing development.
1.5. Amend the commercial linkage requirements and
adopt residential linkage
1. Execute management agreement with RMV property manager. Complete.
2. We are negotiating a development agreement with Triumph on Timber Ridge and there is
more demand than units for this project. A pre-development agreement is completed.
3. Regarding West Middle Creek-geotechnical work has been completed, a site plan has been
developed, and an RFP for developers has been issued. Transportation Commission has also
approved disposing of its land to facilitate this development.
4. Staff is presenting purchase & sale agreements to Town Council August 1, 2023 to acquire
CDOT parcels off the north frontage road at West Middle Creek and Timber Ridge.
5. Staff is working with CDOT staff on the acquisition of the East Vail CDOT parcel.
6. TOV and other stakeholders have begun working with the State Land Board on the Dowd
Junction property.
Housing Director
lead, supported by
Town Manager &
Deputy Manager,
Finance Dept, Public
Works, Com Dev,
Econ Dev
Civic Hub and
Town Hall
By November 1, 2023:
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. “
1. Executed design contract with Populous. Two scenarios have been developed and costed.
The two options are over the estimated revenue available. The Town has hired Cumming Group
as an owner’s representative. Cumming will work on prioritized improvements to build an option
meeting the budget. Soils testing is underway as well as hiring a survey company to provide an
updated topographic survey.
2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide
recommendations to Town Council. An RFP has been issued to look at the entire Civic Area,
including the municipal site for best uses, potential development scenarios.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
3. (Recommended additional task): Facilitate a discussion on high priority cultural/community
uses and how they can be finically sustained over time and bring forward recommendations to
the Town Council.
Public Works
Director - Dobson/
Town Manager &
Com Dev Director,
Econ Dev
Excellent
Customer
Service
By November 1, 2023:
1.Create a clear definition for providing excellent
customer service to our residents and guests
for town services and a means of measuring to
what degree we are providing excellent
customer service.
2. Identify and implement metrics for objectively
measuring organizational effectiveness and health
so that a baseline is developed which can be
improved on in future years.
Work with leadership team to develop customer service goals and metrics. Leadership retreat
scheduled for June 15 to help define “excellent customer service”. Data points and surveys
currently used have been gathered to provide metrics for future measurement of success.
Staff presented plan to Town Council on Nov 7th and will begin developing surveys in December
and throughout first quarter of 2024.
Town Manager and
Leadership Team
Land Use
Regulations
Support
Town Goals
By November 1, 2023:
Review and analyze Title 12 Zoning, the Official Zoning
Map, Title 14 Development Standards, and other
pertinent land use policy language including the Town of
Vail Comprehensive Plan. Bring forward
1.Staff is completing an exhaustive set of recommendations to align the zoning code and
administrative policy with the goal of creating affordable housing.
2.Staff will convene focus groups with builders, housing advocates to also solicit feedback on
aligning the development review process to support the Town’s housing goals.
Community
Development
Director, Public
Works Director, Fire
Chief
59
recommendations for amendments to help foster the
creation of affordable housing and improved efficiency
of the development review process.
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
Aug. 1, 2023
Updated market study, design development, and entitlement approval process to redevelop Timber Ridge Village
Apartments.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased occupancy.
George Ruther, Director of
Housing
Ford Park Master
Plan
Amendments
Ford Park Master Plan Amendments. An update 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
Expansion and Sustainability of ECE programs
– infant subsidy and facility/lease support
– pursuing expansion opportunities via in-home and/or new spaces
Capital support – facility maintenance support ongoing & future capital support TBD
Krista Miller, Human
Resources Director
Cultural Heritage
Preservation &
Programs
Lori A. Barnes, Library
Services Director
Permanent
Location for
Children’s
Garden of
Learning
Lease at temporary location expires 2026 or earlier pending 180 days’ notice. Staff are working to identify potential
sites.
Matt Gennett, Community
Development Director
Kathleen Halloran, Deputy
Town Manager
60
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 – meeting held in September with Summervail Board, VPL staff and
EVLD staff to reconnect and pave the way for future work on the project ; Vail Valley Voices (Tony Mauro worked
on Vail Mayors project – Dave Chapin, Kent Rose and captured Kevin Foley prior to his end of term on Council) ;
Library’s 40th Anniversary (celebration first announced in March ; historic display on Hauserman table May-
December 2023; Galleria Display exhibit August-December 2023; July 4
th Book ‘n Bake Sales (Theme was “This
Library is Your Library – 40 Years Strong”) ; Eagle County celebrates 140 years (Library hosted the traveling
photography exhibit in April) ; CHC website was further updated to include cultural initiatives from other
departments ; CHC committee meets bimonthly.
Lori A. Barnes, Director of
Library Services
Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Field work begins June 15 Kristen Bertuglia,
Environmental Sustainability
Director
Building Code
Regs & Climate
Action Plan
Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness 2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program. Solar RFP responses
received, contract to be completed June 20.
Matt Gennett, Community
Development Director
61
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 1
st 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 included 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
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
62
E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began.Council was updated on May 16
th on the success of the program and lessons
learned. 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. PD is
working with Environmental on first steps for removing trash trucks from the Village Core.
Ryan Kenney, Police Chief
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
63
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:November 21, 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:
231121 Matters.docx
64
COUNCIL MATTERS
Status Report
Report for November 21, 2023
Council expressed concern about elk herd diminishing and stressed trail
closure compliance. A press release was published November 9 with Winter
Season Trail reminders.
Council requested attention to ice and snow buildup on the pedestrian overpass
and issues with Lionshead snowmelt system. Staff will continue to address those
issues over the winter season.
Council thanked VRD for Trick or Treat event, success of the Legacy Fighting
Alliance event and acknowledged the Vail Public Safety dinner which included
the celebration of promotions and an award to the town’s Community Relations
department.
Social Media Listening
Not surprisingly, the town experienced a bump in volume occurred on the mountain’s opening
day!
https://share.sproutsocial.com/view/48b4ebe2-e383-413c-b4eb-e2e383513c86
In the News______________________________________________________
Nov. 1
Loading & Delivery
https://www.law360.com/retail/articles/1739454/judge-freezes-colorado-ski-town-s-truck-
delivery-ordinance
Nov. 3
Gabion Screens
https://www.vaildaily.com/news/what-are-those-obelisks-doing-at-the-trailheads-in-vail/
Nov. 4
Vail Jazz
https://www.vaildaily.com/news/vail-jazz-closes-the-curtain-after-nearly-three-decades-of-high-
notes/
65
Passenger Rail
https://snowbrains.com/vails-vision-for-16-billion-rail-revival-gains-momentum/
Nov. 6
West Vail Overlay District
https://www.vaildaily.com/news/whats-behind-vails-newest-overlay-zone-district-in-west-vail/
Nov. 8
Paid Parking and Increased Bus Service Begins
https://www.vaildaily.com/news/paid-parking-increased-bus-service-begins-friday-in-vail/
https://www.realvail.com/paid-parking-to-kick-in-for-vail-village-lionshead-as-both-gondolas-set-
to-open-at-vail/a17663/
Election Results
https://www.vaildaily.com/news/vail-town-council-results-chapin-phillips-staufer-and-bisantz-
lead-in-early-voting/
https://www.realvail.com/chapin-earns-most-votes-for-vail-town-council-in-unofficial-preliminary-
results/a17626/
Nov. 9
Booth Heights Appeal
https://www.vaildaily.com/news/vail-resorts-appeals-booth-heights-condemnation-decision/
Loading & Delivery
https://www.law360.com/articles/1765586/shipping-cos-air-frustrations-with-colo-ski-town-
ordinance
Nov. 10
RETT Payback for Booth Heights
https://www.vaildaily.com/news/vail-explores-options-to-pay-back-general-fund-after-writing-a-
large-check-for-booth-heights/
Winter Trail Closures
https://www.vaildaily.com/news/vail-issues-reminder-on-winter-trail-closures
Loading & Delivery
https://landline.media/colorado-town-cannot-enforce-delivery-vehicle-restrictions-court-rules/
Wolves, Sheep and Condemnation - letter
https://www.vaildaily.com/opinion/letter-wolves-sheep-and-condemnation/
Nov. 11
Marka Moser
https://www.vaildaily.com/news/marka-moser-remembered-as-a-vital-force-in-vail-whod-take-
on-just-about-any-task/
ECO Transit/RTA
66
https://www.vaildaily.com/news/with-more-drivers-and-riders-eco-transit-now-needs-buses-
mechanics/
Nov. 12
Ford Park Master Plan
https://www.vaildaily.com/news/what-is-vails-plan-for-the-next-decade-of-ford-park/
Council Highlights
https://www.realvail.com/vail-town-council-meeting-highlights-for-nov-7/a17706/
Nov. 13
Red Sandstone SRO
https://www.vaildaily.com/news/red-sandstone-elementary-school-welcomes-new-school-
resource-officer-from-vail-police/
Nov. 14
Altus Settlement
https://www.vaildaily.com/news/vail-reaches-1-million-settlement-with-altus-vail-over-deed-
restriction-violations/
Vail and Nantucket Housing Solutions
https://www.wsj.com/real-estate/how-two-of-americas-wealthiest-vacation-spots-are-fighting-to-
free-up-homes-for-locals-4a399cf3
Upcoming Council Events
o November 25 Lionshead Tree Lighting, 6pm
o November 27 Vail Community Season Kick-off Concert, 3-6pm
o December 5 Swearing in of new Council members
o December 17 Vail Village Tree Lighting, 5pm
67
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:November 21, 2023
TIME:15 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Resolution
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 45, Series of 2023, A Resolution of the Vail Town
Council Approving the Update to the Vail Land Use Plan
Associated with the Rezoning of Lot G, Vail Village, Filing No. 2
SUGGESTED ACTION:The Planning and Environmental Commission recommends the Town
Council approve Resolution No. 45, Series of 2023, to change the
designation of 17 Vail Road, Vail Village Filing No. 2, Lot G, also
known as B.S. Condominiums, from Medium Density Residential to
Transition Area.
PRESENTER(S):Jonathan Spence, Planning Consultant and Greg Roy, Planning
Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Resolution No. 45 of 2023 Staff Memo First Bank.pdf
Attachment A. Resolution No. 45.pdf
Attachment B. PEC Staff Memorandum September 25 2023.pdf
Attachment C. PEC Meeting Minutes September 25_ 2023.pdf
68
TO: Town Council
FROM: Community Development Department
DATE: November 21, 2023
SUBJECT: Resolution No. 45, Series of 2023, 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).
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, is requesting approval of Resolution 45, Series of 2023, a
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.
On September 25, 2023, the Planning and Environmental Commission, by a vote of 5-0,
forwarded a recommendation of approval to the Vail Town Council for the proposed
amendment to the Land Use Plan map.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Resolution
No. 45, Series of 2023.
III. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting approval of a 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.
The map below shows the existing Vail Land Use Plan map and the result of the
amendment if approved.
69
Town of Vail Page 2
IV. BACKGROUND
The subject property was platted as Lot G, Vail Village Filing No. 2 in 1963 in
unincorporated Eagle County, prior to establishment of the Town of Vail in 1966.
The property was first zoned Public Accommodation (PA) in 1969 but was rezoned to
Multiple-Family (MF) in 1972 at the request of the property owner in preparation for
development. Also in 1972, a Conditional Use Permit for a Business Office use in the
MF zone district was approved with a finding that a bank was a Business Office use.
Construction of the mixed-use building consisting of a bank with four dwelling units on
the second and third floors was completed in 1973.
As part of the establishment of comprehensive zoning regulations in 1973, the property
was zoned to Public Accommodation (PA), consistent with other properties in the
immediate vicinity including the Vail Village Inn and the Sonnenalp. A more appropriate
70
Town of Vail Page 3
use classification for banks was also added at this time, Banking and Financial
Institution, however this use is not a permitted or conditional use in the PA zone district.
Although the bank likely became nonconforming in 1973 with the addition of the Bank
and Financial Institution use to the Town Code, the previous finding of the use as a
Business Office was honored by the town in 1978 with the approval of a CUP for a
2,800 sq. ft. expansion of the bank.
The First Bank building consists of a 10,107 square foot Banking and Financial
Institution use and four dwelling units totaling 5,825 square feet of GRFA.
The existing Land Use Plan designation of the subject property is Medium Density
Residential which has been applied to all properties along the southern side of West
Meadow Drive. The southern side of West Meadow Drive consists primarily of single
family and two-family dwellings but also contains two multifamily properties, the
Meadow Vail Place Condominiums and Villa Cortina development in addition to the
Main Vail Fire Station.
The designation of Transitional was chosen as the most appropriate due to the
property’s location and long-standing commercial use.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Resolution No. 45, Series of 2023,
the Planning and Environmental Commission recommends the Council pass the
following motion:
“The Vail Town Council approves Resolution No. 45, Series of 2023, a
resolution for 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 and setting forth
details in regard thereto.”
Should the Vail Town Council choose to approve resolution No. 45 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
71
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. Resolution No. 45, Series of 2023
B. PEC Staff Memorandum, September 25, 2023
C. PEC Minutes, September 25, 2023
72
1
11/14/2023
\\FILESERVER2019\REDIRECTED$\JSPENCE\DESKTOP\FIRST BANK\LAND USE MAP\ATTACHMENT A. RESOLUTION
#45.DOCX
RESOLUTION NO. 45
SERIES 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE
UPDATE TO THE VAIL LAND USE PLAN ASSOCIATED WITH THE
REZONING OF LOT G, VAIL VILLAGE FILING NO. 2
WHEREAS, FirstBank of Vail (the "Applicant") owns the real property more
particularly described as Lot G, Vail Village Filing No. 2, Vail, Colorado (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 July 28, 2023, the Applicant filed an application to rezone the
Property from Public Accommodation (PA) to Commercial Core 1 (CC1), and to update
the Vail Land Use Plan accordingly (the "Application");
WHEREAS, on September 25, 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 21, 2023, the Town Council held a properly-noticed
public hearing on the Application, and approved the rezoning of the Property to
Commercial Core 1 (CC1).
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 A, attached hereto and incorporated herein by this reference.
The update shall become effective upon the effective date of the ordinance rezoning the
Property to Commercial Core 1 (CC1).
INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st DAY OF
NOVEMBER, 2023.
______________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
73
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\\FILESERVER2019\REDIRECTED$\JSPENCE\DESKTOP\FIRST BANK\LAND USE MAP\ATTACHMENT A. RESOLUTION
#45.DOCX
EXHIBIT A
Land Use Plan Amendment
74
To: Planning and Environmental Commission
From: Community Development Department
Date: September 25, 2023
Subject: A request for a recommendation to the Vail Town Council for a Vail Land Use
Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land
Use Plan, to change the designation of 17 Vail Road, Vail Village Filing No. 2, Lot
G, aka B.S. Condominiums, from Medium Density Residential to Transition Area.
(PEC23-0022)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, is requesting a recommendation to the Vail Town Council
for a 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.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval, to the Vail Town Council, for a Land Use Plan map
amendment, subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting a recommendation to the Vail Town
Council for a 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. The Land Use Plan map amendment, in concert with an accompanied
Zoning Map amendment and Conditional Use permit application, addresses a long-
standing inconsistency between the historical uses of the subject property and the
Town’s regulatory and planning documents. Although the other applications have been
initiated on behalf of the property owner by East West Partners, town staff has initiated
this application.
75
Town of Vail Page 2
The map below shows the existing Vail Land Use Plan map and the result of the
amendment, if approved by the Town Council.
III. BACKGROUND
The subject property was platted as Lot G, Vail Village Filing No. 2 in 1963 in
unincorporated Eagle County, prior to establishment of the Town of Vail in 1966.
The property was first zoned Public Accommodation (PA) in 1969 but was rezoned to
Multiple-family (MF) in 1972 at the request of the property owner in preparation for
development. Also in 1972, a Conditional Use Permit for a Business Office use in the
MF zone district was approved with a finding that a bank was a Business Office use.
76
Town of Vail Page 3
Construction of the mixed-use building consisting of a bank with four dwelling units on
the second and third floors was completed in 1973.
As part of the establishment of comprehensive zoning regulations in 1973, the property
was zoned to Public Accommodation (PA), consistent with other properties in the
immediate vicinity including the Vail Village Inn and the Sonnenalp. A more appropriate
use classification for banks was also added at this time, Banking and Financial
Institution, however this use is not a permitted or conditional use in the PA zone district.
Although the bank likely became nonconforming in 1973 with the addition of the Bank
and Financial Institution use to the Town Code, the previous finding of the use as a
Business Office was honored by the town in 1978 with the approval of a CUP for a
2,800 sq. ft. expansion of the bank.
The First Bank building consists of a 10,107 square foot Banking and Financial
Institution use and four dwelling units totaling 5,825 square feet of GRFA.
The existing Land Use Plan designation of the subject property is Medium Density
Residential which has been applied to all properties along the southern side of West
Meadow Drive. The southern side of West Meadow Drive consists primarily of single
family and two-family dwellings but also contains two multifamily properties, the
Meadow Vail Place Condominiums and Villa Cortina development in addition to the
Main Vail Fire Station.
IV. APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Land Use Plan Chapter II – Land Use Goals and Policies (In Part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial
goals were developed which were then substantially revised after different types of
opinions were brought out in the second meeting. The goal statements were
developed to reflect a general consensus once the public had had the opportunity to
reflect on the concepts and ideas initially presented. The goal statements were then
revised through the review process with the Task Force, the Planning and
Environmental Commission and Town Council and now represent policy guidelines in
the review process for new development proposals. These goal statements should be
used in conjunction with the adopted Land Use Plan map, in the evaluation of any
development proposal.
The goal statements which are reflected in the design of the proposed Plan are
as follows:
1. General Growth / Development
77
Town of Vail Page 4
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3. Commercial
3.4. Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.
4. Village Core / Lionshead
4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery.
4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan.
4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.)
4.4. The connection between the Village Core and Lionshead should be enhanced through:
a. Installation of a new type of people mover.
b. Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza.
c. New development should be controlled to limit commercial uses.
Land Use Categories (in part)
MDR Medium Density Residential
The medium density residential category includes housing which would typically be
designed as attached units with common walls. Densities in this category would range
from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category
78
Town of Vail Page 5
would include private recreation facilities, private parking facilities and institutional /
public uses such as parks and open space, churches and fire stations.
T Transition
The transition designation applies to the area between Lionshead and the Vail Village.
The activities and site design of this area is aimed at encouraging pedestrian flow
through the area and strengthening the connection between the two commercial cores.
Appropriate activities include hotels, lodging and other tourist oriented residential units,
ancillary retail and restaurant uses, museums, areas of public art, nature exhibits,
gardens, pedestrian plazas, and other types of civic and culturally oriented uses, and
the adjacent properties to the north. This designation would include the right-of-way of
West Meadow Drive and the adjacent properties to the north.
V. SURROUNDING LAND USES
Uses Land Use
North: Public park (Mayors’ Park) Transitional (T)
South: Religious Institutions Public / Semi-Public
(Vail Interfaith Chapel)
East: Residential (Villa Cortina) Medium Density Residential
West: Lodge (Sonnenalp) Village Master Plan
VI. SITE ANALYSIS
Address: 17 Vail Road
Legal Description: Vail Village Filing No. 2, Lot G, aka B.S. Condominiums
Current Zoning: Public Accommodation (PA)
Proposed Zoning: Commercial Core 1 (CC1) (PEC23-0018)
Current Land Use Plan Designation: Medium Density Residential
Proposed land Use Plan Designation: Transitional (PEC23-0022)
Current Land Use: Banking and Financial Institution, Multi-family Residential
Geological Hazards: None
VII. VAIL LAND USE MAP AMENDMENT REVIEW CRITERIA
Before acting on a proposed amendment to the Vail Land Use Plan Map, pursuant to
Section 8-3, Amendment Process, Vail Land Use Plan, the Planning and Environmental
Commission and Town Council shall consider the following factors with respect to the
proposal:
A. Have conditions changed since the plan was adopted?
Since the plan’s adoption in 1986, Vail has undergone significant growth and
redevelopment. This has included significant development and redevelopment of Vail
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Town of Vail Page 6
Village and Lionshead Village in addition to single family and duplex residential
development throughout the community. The subject property’s construction and use as
a Banking and Financial Institution predates the adoption of the Vail Land Use Plan and
has continued to this day. While the Land Use Plan may have contemplated a
replacement of the commercial use with a residential use compatible with the Medium
Density Residential designation, the continued and anticipated future commercial use of
the parcel is compatible with its neighborhood context.
Staff finds that this criterion supports the proposed change to the Land Use Plan Map.
B. Was the plan in error in respect to the delineation on the Land Use Map?
The delineation of Medium Density Residential could be considered an error as a result
of its existing, current and anticipated future inclusion of commercial uses. This
property’s land use was designated as Medium Density Residential, but has a zoning of
Public Accommodation (PA). The current zoning does not permit dwelling units and
does not fit with a land use of Medium Density Residential. The proposed Transition
land use is consistent with the current and proposed zoning as Transition land use
contemplates “hotels, lodging and other tourist oriented residential units”. As hotels and
lodges are allowed under the existing PA district and the proposed CC1 district, the land
use designation to Transition would be most appropriate. In this case, the Land Use
Map is in error by noting the Transition land use is only appropriate on the north side of
West Meadow Drive where the entire corner of West Meadow Drive and Vail Road
would be an appropriate node of transition area. This corner on both the north and
south sides of West Meadow Drive serves as a transition and connection zone between
Vail Village and Lionshead.
The property’s location within the Urban Design Study Area, but outside of boundaries
of the Vail Village Master Plan and the established residential neighborhood along the
southern side of West Meadow Drive supports the proposed Transition designation as
the most appropriate among land uses.
Staff finds that the plan was in error thus this criterion supports the proposed changes to
the Land Use Map.
C. Is a revision to the plan in concert with the plan, in general?
The proposed revision to the plan is on concert with the plan, in general. The revision
addresses a long-standing inconsistency between the historical commercial use of the
property and the town’s planning and regulatory documents. Staff finds that the
following goals of the Vail Land Use Plan support this proposal:
1. General Growth / Development
80
Town of Vail Page 7
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3. Commercial
3.4. Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.
4. Village Core / Lionshead
4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery.
Staff finds that the revisions to the plan are in concert with the plan, in general and that
this criterion supports the proposal.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, to the Vail Town
Council, for a Vail Land Use Plan map amendment, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan, to change the designation of 17 Vail Road,
Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, from Medium Density
Residential to Transition Area. (PEC23-0022). Staff’s recommendation is based upon
the review of the criteria described 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, for this request, the Community Development
Department recommends the Commission pass the following motion:
81
Town of Vail Page 8
“The Planning and Environmental Commission forwards a recommendation of
approval, to the Vail Town Council for a Vail Land Use Plan map amendment,
pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the
designation of 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S.
Condominiums, from Medium Density Residential to Transition Area and setting
forth details in regard thereto. (PEC23-0022)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated September
25, 2023, 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; 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.
IX. ATTACHMENTS
A. Vicinity Map
82
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?
83
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?
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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?
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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.
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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.
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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?
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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
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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.
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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
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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
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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,
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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.
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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?
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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.
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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
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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.
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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).
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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).
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AGENDA ITEM NO. 6.2
Item Cover Page
DATE:November 21, 2023
TIME:10 min.
SUBMITTED BY:Carlie Smith, Finance
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 27, Series of 2023, First Reading, An Ordinance
Providing for the Levy Assessment and Collection of Town Ad
Valorem Property Taxes Due for the 2023 Tax Year and Payable
in the 2024 Fiscal Year.
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 27,
Series of 2023, upon first reading.
PRESENTER(S):Carlie Smith, Finance Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
24 Mill Levy 1st.pdf
Ord 27 -24 Mill Levy 1st.pdf
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TO: Vail Town Council
FROM: Finance Department
DATE: November 21, 2023
SUBJECT: Mill Levy Ordinance
I. SUMMARY
Authorization for the collection of property taxes in 2024.
II. DISCUSSION
You will be asked to approve the attached mill levy ordinance upon first reading on Tuesday
evening. This ordinance authorizes the collection of property taxes in 2024 based on 2023
assessed valuations of property within the town’s boundaries. Eagle County is responsible for
assessing values and for collecting property taxes on our behalf. The town is required by
Colorado state law to certify the mill levy by December 15 of each year. Since two readings of an
ordinance are required, we will bring the first reading on Tuesday with the second reading on
December 5th to enable us to meet the December 15 deadline. The attached ordinance is based
on preliminary assessed valuations from the county (as of August 2023).
The town’s base Mill Levy is 4.69 mills but is being proposed to be increased to 4.957 (an
increase of 0.267) for the 2023 taxable year with collections in 2024 to offset the impacts
of Senate Bill 22-238.
In November 2020, the Town of Vail voters passed a ballot initiative to “de-gallagher” which allows
the town to adjust the mill levy to maintain revenues that may otherwise be lost due to state-
imposed assessed property tax valuation reductions such as the assessment rate changes such
as those assessment rate adjustments included in SB 22-293 and SB 22-238. SB 22-238
assessment rate reductions would decrease the town’s annual property tax revenues by $438,794
for 2023. By increasing the town’s Mill Levy from 4.690 to 4.957 the town will receive the same
amount of property tax should the assessment rate not have changed. For a home valued at $1.0
million, this equates to $19.09 for the 2023 taxable year. The Mill Levy adjustment only adjusts
for the change in assessment rate and does not adjust for the reduction in taxable values.
In addition, the abatement levy is 0.0020 mills. Abatement results when a taxpayer protests an
assessed valuation after the normal protest period and is refunded a portion of the tax already
due or paid. The abatement mill levy allows the town to recoup the refunded amount. This
abatement levy of 0.0020 mils equates to an additional $0.14 per year for a $1 million home.
Recent Property Tax Changes
Due to recent large increases in property tax valuations, several legislative bills have come
forward to decrease the impacts of assessment valuation increases on property owners.
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Town of Vail Page 2
Senate Bill 21-293
In June of 2021, Governor Polis signed into law Senate Bill 21-293, amending the tax code and
temporarily lowering assessment rates for residential, multifamily, and some types of commercial
property. The state-wide residential assessment rate was reduced from 7.15% to 6.95% with muti-
family residential properties decreasing from 7.15% to 6.80%. Renewable Energy Production and
Agricultural Property types (both not within Town of Vail boundaries) were reduced from 29% to
26.40%. For 2022 property taxes collected in 2023, the town adjusted its Mill Levy from 4.69 to
4.80 to maintain revenues as a result of the reduction.
Senate Bill 22-238
In May of 2022, Senate Bill 22-238 was signed into law, again temporarily reducing property
assessment rates for property tax years 2023 and 2024 (revenue years 2024 and 2025). This law
reduces the taxable values of residential and multi-residential property by $15,000 and some
categories of commercial property by $30,000. It also reduces state-wide residential and multi-
family residential assessment rates from 7.15% to 6.765% with commercial assessment rates
decreasing from 29.00% to 27.90%. Renewable Energy Production and Agricultural Property
types (both not within Town of Vail boundaries) were reduced from 29% to 27.9%.
Proposition HH
During the November election, Colorado voters rejected Proposition HH, a complicated tax
measure reducing property taxes for homeowners. With Proposition HH voted down, Governor
Polis has scheduled a special legislative session for Friday, November 17th. Outcomes from this
session could potentially have impacts on 2023 property tax assessments. Any updates or
adjustments will be reflected in the 2nd reading on December 5th.
The property tax authorized by the attached ordinance will generate $8.1 million in revenue
in 2024, representing approximately 8.1% of the town’s total revenue. The projected
revenue is a 42% increase compared to prior year.
.
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Ordinance 27, Series of 2023
ORDINANCE NO. 27
SERIES OF 2023
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2023 TAX YEAR AND
PAYABLE IN THE 2024 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2023 year and payable in the 2024
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2024 fiscal year, the Town Council hereby levies a property
tax of 4.959 mills upon each dollar of the total assessed valuation of $1,639,723,450 for the 2023
tax year of all taxable property within the Town, which will result in a gross tax levy of
$8,131,388 calculated as follows:
Base mill levy 4.957 $8,128,109
Abatement levy .002 _ 3,279
Total mill levy 4.959 $8,131,388
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
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.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
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Ordinance 27, Series of 2023
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 21st day of November, 2023. A public hearing shall be held
hereon at 6 P.M. on the 5th day of December 2023, 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:
________________________________
Russell Forrest, Town Manager
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AGENDA ITEM NO. 7.1
Item Cover Page
DATE:November 21, 2023
TIME:15 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 26, Series of 2023, First Reading, An Ordinance
Rezoning Lot G, Vail Village Filing No. 2 from Public
Accommodation (PA) to Commercial Core 1 (CC1)
SUGGESTED ACTION:The Planning and Environmental Commission recommends approval
of Ordinance No. 27, Series of 2023, upon first reading, rezoning 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.
PRESENTER(S):Jonathan Spence, Planning Consultant and Greg Roy, Planning
Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Ord No. 26 Series of 2023 Staff Memo.pdf
Attachment A. Ordinance No. 26 Series of 2023.docx
Attachment B. Staff Memorandum to the PEC, September 25, 2023.pdf
Attachment C. Application and supporting materials, September, 2023.pdf
Attachment D. PEC Meeting Minutes, September 25, 2023.pdf
Attachment E. PEC Public Comment September 20, 2023.pdf
Attachment F. Villa Cortina Town Council Public Comment November 16, 2023.pdf
Vail Town Council Presentation, November 21, 2023.pdf
Ordinance 26 - Citizen Participation.pdf
106
TO: Town Council
FROM: Community Development Department
DATE: November 21, 2023
SUBJECT: First reading of Ordinance No. 26, Series of 2023, 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. (PEC23-0018)
Applicant: East West partners, Kevin Murphy
Planner: Jonathan Spence
I. SUMMARY
The applicant, Kevin Murphy with East West partners, representing the property owner,
First Bank of Vail, is requesting a first reading or Ordinance 26, Series of 2023, 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.
The Planning and Environmental Commission held a public hearing on the proposed
Zone District Boundary Amendment on September 25, 2022, where a recommendation
for approval was forwarded to the Vail Town Council by a vote of 4-1-0 (Rediker
opposed).
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
26, Series of 2023 on first reading.
III. DESCRIPTION OF REQUEST
The applicant is requesting 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
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Town of Vail Page 2
Village Filing No. 2, Lot G, aka B.S. Condominiums, from the Public Accommodation
(PA) District to the Commercial Core 1 (CC1) District. The rezoning is proposed to bring
the existing nonconforming property into alignment with the Town Code and plan for
possible redevelopment.
The map below shows the existing Official Zoning Map and the result of the amendment
if approved.
IV. BACKGROUND
The subject property was platted as Lot G, Vail Village Filing No. 2 in 1963 in
unincorporated Eagle County, prior to the establishment of the Town of Vail in 1966.
The property was first zoned Public Accommodation (PA) in 1969 but was rezoned to
Multiple-Family (MF) in 1972 at the request of the property owner in preparation for
development. Also in 1972, a Conditional Use Permit for a Business Office use in the
MF zone district was approved with a finding that a bank was a Business Office use.
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Town of Vail Page 3
Construction of the mixed-use building consisting of a bank with four dwelling units on
the second and third floors was completed in 1973.
As part of the establishment of comprehensive zoning regulations in 1973, the
property’s zoning reverted to Public Accommodation (PA), consistent with other
properties in the immediate vicinity including the Vail Village Inn and the Sonnenalp. A
more appropriate use classification for banks was also added at this time, Banking and
Financial Institution, however, this use is not a permitted or conditional use in the PA
zone district.
Although the bank likely became nonconforming in 1973 with the addition of the Bank
and Financial Institution use to the Town Code, the previous finding of the use as a
Business Office was honored by the town in 1978 with the approval of a CUP for a
2,800 sq. ft. expansion of the bank.
The proposed code change to CC1 addresses the nonconforming residential use
resulting from the PA designation applied in 1973 and the proper description of the bank
as Bank and Financial Institution.
The Commercial Core 1 (CC1) District was chosen as the most appropriate based on
the subject property location within the Urban Design Guide Plan area, adjacency to
Vail Road, neighborhood context, lot size, existing and potential uses and long-standing
development attributes.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 26, 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. 26, Series
of 2023, an ordinance 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.”
Should the Vail Town Council choose to approve Ordinance No. 26 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
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Town of Vail Page 4
2. That the amendment furthers the general and specific purposes of
the zoning regulations; and
3. That the amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character
as a resort and residential community of the highest quality.”
Vl. ATTACHMENTS
A. Proposed Ordinance No. 26, Series of 2023
B. Staff Memorandum to the PEC, September 25, 2023
C. Application and supporting materials, September 2023
D. PEC Meeting Minutes, September 25, 2023
E. Public Comment 9-20-23
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ORDINANCE NO. 26
SERIES OF 2023
AN ORDINANCE REZONING LOT G, VAIL VILLAGE FILING NO. 2
FROM PUBLIC ACCOMMODATION (PA) TO COMMERCIAL CORE 1
(CC1)
WHEREAS, FirstBank of Vail (the "Applicant") owns the real property more
particularly described as Lot G, Vail Village Filing No. 2, Vail, Colorado, and depicted in
Exhibit A, attached hereto and incorporated herein by this reference (the "Property");
WHEREAS, on July 28, 2023, the Applicant filed an application to rezone the
Property from Public Accommodation (PA) to Commercial Core 1 (CC1), (the
"Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on September 25, 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 21, 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 recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the public,
and giving due consideration to the matter, finds and determines as follows:
a.The rezoning is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town;
b.The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c.The rezoning promotes the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the Town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality.
Section 2.Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property from Public Accommodation (PA) to
Commercial Core 1 (CC1).
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Section 3.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21
st day of November, 2023 and
a public hearing for second reading of this Ordinance set for the 5th day of December,
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 5th day of December, 2023.
_____________________________
Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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EXHIBIT A
113
To: Planning and Environmental Commission
From: Community Development Department
Date: September 25, 2023
Subject:A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for the rezoning of 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. (PEC23-0018)
Applicant: East West partners, Kevin Murphy
Planner: Jonathan Spence
I. SUMMARY
The applicant, Kevin Murphy with East West partners, is requesting a recommendation
to the Vail Town Council for a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town Code, 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.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval, to the Vail Town Council, for a zone district boundary
amendment, subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, 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. The rezoning is proposed to bring the existing nonconforming property
into alignment with the Town Code and plan for possible redevelopment.
The map below shows the existing Official Zoning Map and the result of the amendment
if approved by the Town Council.
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Town of Vail Page 2
III. BACKGROUND
The subject property was platted as Lot G, Vail Village Filing No. 2 in 1963 in
unincorporated Eagle County, prior to the establishment of the Town of Vail in 1966.
The property was first zoned Public Accommodation (PA) in 1969 but was rezoned to
Multiple-family (MF) in 1972 at the request of the property owner in preparation for
development. Also in 1972, a Conditional Use Permit for a Business Office use in the
MF zone district was approved with a finding that a bank was a Business Office use.
Construction of the mixed-use building consisting of a bank with four dwelling units on
the second and third floors was completed in 1973.
As part of the establishment of comprehensive zoning regulations in 1973, the
property’s zoning reverted to Public Accommodation (PA), consistent with other
properties in the immediate vicinity including the Vail Village Inn and the Sonnenalp. A
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Town of Vail Page 3
more appropriate use classification for banks was also added at this time, Banking and
Financial Institution, however, this use is not a permitted or conditional use in the PA
zone district.
Although the bank likely became nonconforming in 1973 with the addition of the Bank
and Financial Institution use to the Town Code, the previous finding of the use as a
Business Office was honored by the town in 1978 with the approval of a CUP for a
2,800 sq. ft. expansion of the bank.
The proposed code change to CC1 addresses the nonconforming residential use
resulting from the PA designation applied in 1973 and the proper description of the bank
as Bank and Financial Institution.
The Commercial Core 1 (CC1) District was chosen as the most appropriate based on
the subject property location within the Urban Design Guide Plan area, adjacency to
Vail Road, neighborhood context, lot size, existing and potential uses and long-standing
development attributes.
IV. APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Land Use Plan Chapter II – Land Use Goals and Policies (In Part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial
goals were developed which were then substantially revised after different types of
opinions were brought out in the second meeting. The goal statements were
developed to reflect a general consensus once the public had had the opportunity to
reflect on the concepts and ideas initially presented. The goal statements were then
revised through the review process with the Task Force, the Planning and
Environmental Commission and Town Council and now represent policy guidelines in
the review process for new development proposals. These goal statements should be
used in conjunction with the adopted Land Use Plan map, in the evaluation of any
development proposal.
The goal statements which are reflected in the design of the proposed Plan are
as follows:
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
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Town of Vail Page 4
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3. Commercial
3.4. Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
4. Village Core / Lionshead
4.1. Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2. Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains,
natural settings, intimate size, cosmopolitan feeling, environmental
quality.)
4.4. The connection between the Village Core and Lionshead should be
enhanced through:
a. Installation of a new type of people mover.
b. Improving the pedestrian system with a creatively designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to limit commercial uses.
B. Title 12, Zoning Regulations, Vail Town Code (in part)
Chapter 12-1: Title, Purpose and Applicability
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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Town of Vail Page 5
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.
Article 7A: Public Accommodation (PA) District
https://codelibrary.amlegal.com/codes/vailco/latest/vail_co/0-0-0-8798
Article 7B: Commercial Core 1 (CC1) District
https://codelibrary.amlegal.com/codes/vailco/latest/vail_co/0-0-0-8904
V. SURROUNDING LAND USES
Land Uses Zoning
North: Public park (Mayors’ Park) General Use (GU)
South: Religious Institutions General Use (GU)
(Vail Interfaith Chapel)
West: Residential (Villa Cortina) High Density Multiple-Family (HDMF)
East: Lodge (Sonnenalp) Public Accommodation (PA)
VI. SITE ANALYSIS
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Town of Vail Page 6
Address: 17 Vail Road
Legal Description: Vail Village Filing No. 2, Lot G, aka B.S. Condominiums
Current Zoning: Public Accommodation (PA)
Proposed Zoning: Commercial Core 1 (CC1)
Land Use Plan Designation: Medium Density Residential
Land Use Plan Designation (Proposed): Transition (PEC23-0022)
Current Land Use: Banking and Financial Institution, Multi-family Residential
Geological Hazards: None
Based on an analysis of the applicant’s materials, the existing uses of the site are
conditional (banking and financial institution on the first floor) and permitted (multi-family
residential on the second floor). Accompanying this rezoning application is an
application for a Conditional Use Permit to formally address the existing banking use on
the site under the Commercial Core 1 (CC1) zoning (PEC23-0019).
The chart below demonstrates the relationship between the site’s development
characteristics and the standards of the PA and CC1 zone districts:
Standard Allowed / Required PA Allowed / Required CC1 Existing
Site Area Min. 10,000 sq. ft.of buildable
lot area
5,000 sq. ft. of buildable
lot area
21,195 sq. ft.
(buildable)
Setbacks
Front – 20’
Side – 20’
Rear – 20’
None required
except as per Urban
Design Guide Plan
Current Building:
Front- 8’-7”
Side (S)- 21’-0”
Side (N)- > 54’-6”
Rear- 9’-6”
Height
Flat or Mansard Roof – 45’
Sloping Roof – 48’
Per Urban Design Guide
Plan
60% equal to or less than
33’
40% no higher than 43’
36’ maximum
Density
25 DUs/ per acre of buildable
site area, or 12 units on a
.486 acre parcel
(Dwelling units not a
permitted use)
25 DUs/ per acre of
buildable site area, or 12
units on a .486 acre
parcel
4 DUs
GRFA
Max. 150/100 Buildable Site
Area or 31,793 sq. ft.
Max. 80/100 Buildable
Site Area or 16,956 sq. ft. 5,825 sq. ft.
Site Coverage
Max. 65% of total site area or
13,777 sq. ft.
Max. 80% of total site
area or 16,956 sq. ft
39% or 8,270 sq ft.
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Parking/Loading
4 units @ 2/per = 8
1 space/200 sq. ft. net
floor/banking use=51
Total = 59 spaces
4 units @ 2/per = 8
1 space/200 sq. ft. net
floor/banking use=51
Total = 59 spaces
48 spaces
Landscaping Min. 30% of total site area
(6,358 sq. ft.)
No reduction or change in
area
27% or 5,681 sq. ft.*
*Variance received for reduction in landscaping in 1973
VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the Planning and Environmental Commission
shall consider the following factors with respect to this proposal:
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.
Staff finds the proposed rezoning to be consistent with the following goals of 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.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3. Commercial
3.4. Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
4. Village Core / Lionshead
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Town of Vail Page 8
4.1. Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2. Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains,
natural settings, intimate size, cosmopolitan feeling, environmental
quality.)
4.4. The connection between the Village Core and Lionshead should be
enhanced through:
a. Installation of a new type of people mover.
b. Improving the pedestrian system with a creatively designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to limit commercial uses.
Staff finds the proposed rezoning to be consistent with the following general and
specific purposes of the Town’s adopted Zoning Regulations:
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.
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Town of Vail Page 9
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.
Staff finds the proposed rezoning to be consistent with the following purpose of the
Commercial Core 1 (CC1) District identified in Section 12-7B-1, Purpose, Vail Town
Code:
The Commercial Core 1 District is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and commercial
establishments in a predominantly pedestrian environment. The Commercial Core 1
District is intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses. The zoning regulations in
accordance with the Vail Village Urban Design Guide Plan and Design Considerations
prescribe site development standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on
pedestrianways and public greenways, and to ensure continuation of the building scale
and architectural qualities that distinguish the village.
Therefore, Staff finds the proposed rezoning meets this review 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 proposed zone district boundary amendment brings greater alignment with the
long-standing existing uses of the site and is suitable for potential uses of the site.
Redevelopment of the property with uses allowable under the CC1 designation will be
suitable with surrounding uses which include multifamily residential developments (Villa
Cortina) and lodge-style development with complementary commercial uses
(Sonnenalp).
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Town of Vail Page 10
Therefore, Staff finds the proposed rezoning meets this review 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 corrects a disconnect between the property’s
historical uses and the zoning first applied in 1973. The development standards and
allowable uses under the proposed CC1 zoning designation are appropriate for its
location as a transition from Vail Village to the adjacent multifamily developments to the
west. The site’s existing commercial use has demonstrated over many years its
compatibility with its neighborhood context. Redevelopment under the proposed zoning
designation will maintain the harmonious and workable relationship between the site
and its adjacent uses and is consistent with municipal objectives.
Therefore, Staff finds the proposed rezoning meets this review 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 development standards of the Commercial Core 1 (CC1) District will ensure
appropriate, compatible development that is in the best interest of the community. This
zoning amendment does not result in the granting of privilege nor is it incompatible with
the Vail Comprehensive Plan, two tests for a determination of spot zoning. The zone
district amendment recognizes the incompatibility of the current zoning with established
uses.
Therefore, Staff does not believe the applicant’s proposal constitutes a spot zoning and
finds the proposed rezoning meets this review 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.
Staff finds that rezoning the subject property will not alter the impacts on the natural
environment. Currently, the site is fully developed, and any future redevelopment will be
required to meet all applicable standards.
Therefore, Staff finds the proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
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Town of Vail Page 11
As identified above, Staff finds that the proposed rezoning is consistent with the
purpose of the Commercial Core 1 (CC1) District. The first sentence of the purpose
from the CC1 district listed below reflects the existing use of the site.
“The Commercial Core 1 District is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and commercial
establishments in a predominantly pedestrian environment.”
The rezoning recognizes the historic uses of the site located at the edge of the Vail
Village commercial area and its predominately pedestrian environment. Any
redevelopment will be required to maintain this consistency.
Therefore, Staff believes the proposed rezoning meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
The zone district amendment recognizes the disconnect between the long-standing
residential and commercial uses of the property and the zoning designation established
in 1973. This amendment recognizes the established designation was misaligned, as
shown by the compatible relationship of this property with neighboring properties since
1973. The existing zoning was also not aligned with the land use plan when it was
originally adopted in 1986 and the PA district does not permit dwelling units as an
allowed use. Any redevelopment under the proposed zoning designation will be
required to maintain the existing compatibility.
Therefore, Staff believes the proposed rezoning meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, to the Vail Town
Council, for a zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the 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 details in regard thereto.
(PEC23-0018)
Staff’s recommendation is based upon the review of the criteria described in Section VII
of this memorandum and the evidence and testimony presented.
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Town of Vail Page 12
Should the Planning and Environmental Commission choose to forward a
recommendation of approval,for this request, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, to the Vail Town Council, for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the 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 details in regard thereto. (PEC23-0018)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval,for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated September
25, 2023 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; 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.
IX. ATTACHMENTS
A. General Vicinity Map
B. Application and supporting materials, September, 2023
C. Public Comment 9-20-23
125
First Bank Vail
17 Vail Road
Vail, CO 8657
Zone Code Amendment Application
September 2023
126
Table of Contents
1. Application Contents 3
2. Introduction & Background 5
3. Criteria for Rezoning 6
4. Zoning & Parking Analysis 9
5. Exhibits 10
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1. Application Contents
a) Name and address of the owner and/or applicant and a statement that the
applicant, if not the owner, has the permission of the owner to make application
and act as agent for the owner;
i. Ownership
FirstBank of Colorado
Nick Brinkman
970-547-3843
Nick.Brinkman@efirstbank.com
Pete Whalen
303-231-2034
Pete.Whalen@efirstbank.com
ii. Development Partner (Applicant)
East West Partners
Jim Telling
970-748-7598
Jtelling@ewpartners.com
iii. A letter of authorization has been provided as Exhibit A – Letter of
Authorization.
b) Legal description, street address, and other identifying data concerning the site;
i. A title commitment including the legal description, street address and
other identifying data has been provided as Exhibit B – Title Commitment
c) A site plan showing proposed development of the site, including topography,
building locations, parking, traffic circulation, usable open space, landscaped area,
and utilities and drainage features;
i. A site plan has been provided as Exhibit C – Existing Conditions Survey
d) Preliminary building plans and elevations sufficient to indicate the dimensions,
general appearance, scale and interior plan of all buildings;
i. There is no new development brought forth with this application; the
building plan and elevations will remain as they currently exist.
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e) A list of the owner or owners of record of the properties adjacent to the subject
property which is subject of the hearing; provided, however, notification of
owners within a condominium project shall be satisfied by notifying the managing
agent, or the registered agent of the condominium project, or any member of the
board of directors of a condominium association. The list of owners, managing
agent of the condominium project, registered agent or members of the board of
directors, as appropriate, shall include the names of the individuals, their mailing
addresses and the general description of the property owned or managed by
each. Accompanying the list shall be stamped, addressed envelopes to each
individual or agent to be notified to be used for the mailing of the notice of
hearing. It will be the applicant’s responsibility to provide this information and
stamped, addressed envelopes. Notice to the adjacent property owners shall be
mailed first class, postage prepaid; and
i. A list of adjacent property owners has been provided as Exhibit D –
Adjacent Property Owners
f) If the property is owned in common (condominium association) and/or located
within a development lot, the written approval of the other property owner,
owners or applicable owners’ association shall be required. This can be either in
the form of a letter of approval or signature on the application.
i. The property is wholly owned by FirstBank, however, a Letter of
Authorization has been provided as Exhibit A – Letter of Authorization.
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2. Introduction & Background
FirstBank is the owner of the FirstBank located at 17 Vail Road in Vail, Colorado. FirstBank and
East West Partners are submitting this application to the Town of Vail’s Community Development
department, to facilitate a Zone Code Amendment from the existing, underlying, Public
Accommodation (PA) zoning to Commercial Core 1 (CC1) zoning.
The FirstBank was built in 1972, becoming ‘an institution’ over time and changing very little since
its original construction apart from an addition including: additional parking, the south side
branch space, and the second-floor conference room which was completed in 1980. For decades
FirstBank served as Vail’s only banking institution and has welcomed local clients and businesses
since the early days of Vail. When FirstBank was constructed, it included a banking facility and 4
residential condominiums.
In 1973, after the FirstBank was initially built, the Town of Vail applied the Public
Accommodation zone district to the site; likely for consistency with the surrounding parcels (i.e.
The Sonnenalp Vail, The Sebastian, Talisman). Interestingly, the Public Accommodation zone
district does not allow for banks and financial institutions, nor residential units in its permitted
uses. Thus, the building has existed as a legal non-conforming use for over 50 years.
FirstBank and East West Partners are requesting that the site’s existing zoning is modified from
Public Accommodation (PA) to Commercial Core 1 (CC1) to properly conform with the use that
currently exists on the site and is intended to exist on the site upon any redevelopment of the
site. In accordance with §12-7B-3(B)(1), Banks and financial institutions on the first floor or street
level are a conditional use with in the Commercial Core 1 zone district, thus, in conjunction with
this Zone District Amendment application, the Applicant is submitting an application for a
Conditional Use Permit. It is the Applicant’s understanding that per §12-7B-4(A)(1) and §12-7B-
5(A)(1), Multiple-family residential dwellings, located on or above the second floor, are a
permitted use within the Commercial Core 1 zone district.
There is no proposed change in existing use or design brought forth by this Zone District
Amendment Application, rather the application, in conjunction with the Conditional Use Permit
application, seeks to facilitate a Zone Code Amendment to bring the building, and its current use,
into a conforming underlying zone district, Commercial Core 1.
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3. Criteria for Rezoning
1. The extent to which the zone district amendment is consistent with all 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.
i. The Zone District Amendment is consistent with the adopted goals,
objectives, and policies outlined in the Vail Comprehensive Plan and the
development objectives of the town by bringing what is currently a non-
conforming parcel into conformance thus laying the foundation for the site
to accomplish goals outlined in the Vail Land Use Plan such as “... to grow
in a controlled environment, maintaining a balance between residential,
commercial and recreation uses to serve both the visitor and the
permanent resident” and “Commercial growth being concentrated in
existing commercial areas to accommodate both local and visitor needs”.
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 land uses as set out in
the towns adopted planning documents.
i. The Zone District Amendment is suitable with the existing land use on the
site as Banks and financial institutions are listed as a conditional use and
Multiple-family residential dwellings are listed as a permitted use within
the Commercial Core 1 zone district. Accordingly, in conjunction with this
application, a Conditional Use Permit is being submitted for the Bank and
financial institution located on the first floor or street level per §12-7B-
3(B)(1). Per §12-7B-4(A)(1) and §12-7B-5(A)(1), Multiple-family residential
dwellings, located on or above the second floor, are a permitted use within
the Commercial Core 1 zone district.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
i. The Zone District amendment will present an even more harmonious,
convenient, workable relationship among land uses that is consistent with
the municipal development objectives by bringing what has been a non-
conforming parcel under the Public Accommodation zone district into a
conformance through amending the underlying zone district to
Commercial Core 1 accompanied by a Conditional Use Permit.
131
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.
i. The zone district does not constitute spot zoning as the Commercial Core 1
zone district is within 0.4 miles and only 131 feet from commercially
operated businesses in the immediate vicinity, i.e., Luca Bruno, Off Piste
Sports, Grappa Wines and the like. The proposed zone district amendment
provides for the growth of an orderly viable community, serving the best
interests of the Town as a whole by replacing the existing underlying Public
Accommodation zoning (which does not list the bank or dwelling units as
permitted or conditional uses) with Commercial Core 1 zoning that allows
for the existing uses (with the approval of a Conditional Use Permit).
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.
i. The zone district amendment will have no impact on the natural
environment as there is no change to the existing use/design of the
building brought forth by this application.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
i. The site is currently consistent with the Commercial Core 1 zone district’s
purpose statement as the site is a “commercial establishment in a
predominantly pedestrian environment…site development standards are
intended to ensure the maintenance and preservation of the tightly
clustered arrangements of buildings fronting pedestrianways and public
greenways, and to ensure continuation of the building scale and
architectural qualities that distinguish the village.”
The building aims to compliment the building scale that is created in Vail
Village while maintaining the main pedestrian thoroughfare between Vail
Village and Lionshead along West Meadow Drive
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.
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i. The zoning designation of the subject property was never appropriate
given that Banks and financial institutions nor Multiple-family residential
dwelling units are not a permitted, or conditional, use allowed within the
Public Accommodation zone district. The Commercial Core 1 zone district
allows for Multiple-family residential dwellings as a permitted use and for
Banks and financial institutions as a conditional use. Accordingly, the
Applicant is submitting an application for a Conditional Use Permit in
conjunction with this Zone District Amendment application.
8. Such other factors and criteria as the Commission and/or Council deem applicable
to the proposed zoning.
i. The Applicant is happy to furnish any additional materials the Commission
requests in evaluating this application for a Conditional Use Permit.
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4. Zoning & Parking Analysis
The FirstBank site is currently zoned as Public Accommodation (PA). With the
Public Accommodation zoning in place, the site currently exists as a legal non-
conforming parcel. The building, and use, existed prior to the zone district being
overlayed on the site in 1973. Based on discussion and belief, the Public
Accommodation zone district was put into place for consistency with surrounding
parcels. The Applicant seeks to facilitate a Zone Code Amendment to bring the
building, and its current use, into a conforming underlying zone district,
Commercial Core 1.
The following tables provide zoning and parking analyses of the existing FirstBank.
Zoning Analysis (Included as Exhibit I – Zoning & Parking Analyses)
Parking Analysis (Included as Exhibit I – Zoning & Parking Analyses)
134
5. Exhibits
135
Exhibit A – Letter of Authorization
136
HOLDING COMPANY
12345 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 303 -232-3000
July 26, 2023
Town of Vail – Community Development Department
75 South Frontage Road
Vail, CO 81657
Attention: Greg Roy
Re: 17 Vail Road – Zone District Amendment
Dear Greg Roy,
FirstBank, a Colorado corporation, successor by merger with FirstBank of Vail, a Colorado corporation , is
the owner of that certain property commonly known as “17 Vail Road,” located at 17 Vail Road #1, 2, 3,
4, 5, and 6, in Vail, CO 81657.
As the owner of FirstBank, please accept this letter pursuant to §12-16-2 authorizing Jim Telling & Kevin
Murphy with East West Partners to represent our interests in the zoning amendment and conditional
use permit approval process. Find Jim & Kevin’s contact information below.
Jim Telling
East West Partners
jtelling@ewpartners.com
C 970-748-7598
Kevin Murphy
East West Partners
kmurphy@ewparnters.com
C 720-839-6153
Please let us know if you have any questions or concerns.
Sincerely,
Pete Whalen
Director, Real Estate and Facilities
PTW/mcd
137
Exhibit B – Title Commitment
138
Exhibit C – Existing Conditions Survey
139
140
Exhibit D – Adjacent Property Owners
1. Town of Vail (Fire Department)
75 S. Frontage Rd. West
Vail, CO 81657
2. Vail Religious Foundation
19 Vail Road
Vail, CO 81657
3. Villa Cortina Condo Association
c/o Peggy Fuller
5123 S. Perry Circle
Littleton, CO 80123
4. Sonnenalp Properties, Inc.
20 Vail Road
Vail, CO 81657
5. La Bottega
c/o Stephen F. Virion
100 E Meadow Dr., Ste. #37
Vail, CO 81657-5324
6. Town of Vail
c/o Greg Roy
75 South Frontage Road
Vail, CO 81657
141
Exhibit F – 1972 Plan Set
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
Exhibit G – 1980 Expansion Plan Set
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
19
2
19
3
194
195
Exhibit H – Architect Supplement
196
First Bank and Residences, Vail
SITE CODE ANALYSIS - CC-1
• Buildable Area - 21,213 sf
• Max allowable GRFA - 80 % of
Buildable Area =16,970 sf
• Max Site Coverage - 80 % =16,970 sf
(8,486 sf existing building
footprint = 40 %)
-
• Min landscape - no reduction in
existing landscape (min 5,681 sf)
• Max dwelling units 25 per 1acre
Site Building Area of 0.486 acre
allows for 12 units
• No surface parking / loading
along front setbacks
Property Line
Buildable Area
(0.487 acres -
21,213 sf)
Utility Easment10ft
VA
I
L
R
O
A
D
W.
M
E
A
D
O
W
D
R
1197
First Bank and Residences, Vail
2
EXISTING SITE CONDITION
20 FT SETBACK ON ALL 4 SIDES
PROPERTY LINE
5,681 SF
TOTAL LANNDSCAPED AREA
BUILDING ACTUAL
SETBACK
198
Exhibit I – Zoning & Parking Analyses
199
Zoning Analysis:
PA - Standards CC1 - Standards Subject Parcel (Existing FirstBank Site)Plan Reference
Lot Area and Site Dimension
Minimum lot or site area shall be 10,000sf of buildable
area and minimum frontage of 30'; site shall be of a size
and shape capbable of enclosing a square area 80' on
each side
Minimum lot size shall be 5,000sf of buildable area with a
minimum frontage of 30'
21,213 sf of buildable area; Frontage of 59' along W.
Meadow Drive and 214' along Vail Road Exhibit H - Architect Supplement - Page 1
Setbacks 20' front, 20' side, 20' rear No required setbacks 20' front, 20' side, 20' rear Exhibit H - Architect Supplement - Page 2
Height Not exceeding 45' for a flat roof; 48' for a sloping roof Regulated in the Vail Village Urban Design Guide Plan and
Design Considerations 36'Exhibit G - 1980 Expansion Plan Set - Page 10
Density 150sf per 100sf of buildable site area; not exceeding 25
dwelling units per acre of buildable site area
80sf of gross residential floor area (GRFA) per 100sf of
buildable site area; not exceeding 25 dwelling units per
acre of buildable site area
4 Dwelling Units totaling 5,825sf; 28sf of gross residential
floor area per 100sf of buildable site area; 8.2 dwelling
units/acre
Exhibit G - 1980 Expansion Plan Set
Site Coverage Not exceeding 65% of total site area Not exceeding 80% of total site area 40% of total site area (8,486sf of existing building foot
print)Exhibit H - Architect Supplement - Page 1
Landscaping and Site Development
30% of the total site area shall be landscaped; minimum
width and length of any area qualifying as landscaping
shall be 15' with a minimum area not less than 300sf
No reduction in landscape area shall be permitted without
sufficient cause shown by the applicant or as specified in
the Vail Village design considerations
No reduction or change in landscape area Exhibit H - Architect Supplement - Page 2
Parking Analysis:
Use Parking Requirements - CC1 Number of Units Spaces Required
Dwelling Unit 1.4 spaces per unit 4 Dwelling Units 6 spaces
Employee Housing Unit 2.0 spaces per unit 0 EHU 0 spaces
Banks and Financial Institutions 3.7 space per 1,000 square feet of net floor area 10,107 sf 37 spaces
0.0 space per 200 square feet of net floor area 0 sf 0 spaces
Parking Required 0.0 spaces per unit 0 43 spaces
Total Provided 0.0 spaces per unit 0 48 spaces
Parking Spaces Above/Below Requirement:5 spaces
Use Parking Requirements - PA Number of Units Spaces Required
Dwelling Unit 2.0 spaces per unit 4 Dwelling Units 8 spaces
Employee Housing Unit 2.0 spaces per unit 0 EHU 0 spaces
Banks and Financial Institutions 1.0 space per 200 square feet of net floor area 10,107 sf 51 spaces
0.0 space per 200 square feet of net floor area 0 sf 0 spaces
Parking Required 0.0 spaces per unit 59 spaces
Total Provided 0.0 spaces per unit 48 spaces
Parking Spaces Above/Below Requirement:-11 spaces
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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?
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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?
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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?
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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.
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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.
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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?
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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
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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.
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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
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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
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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,
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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.
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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?
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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.
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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
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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.
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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).
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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).
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1
To the Planning and Environmental Commission ( PEC) Town of Vail and Vail Town Council 9-20--23
Villa Cortina, Immediate neighbor to West of First Bank Redevelopment.
Comments from the Villa Cortina HOA Board on proposed redevelopment and impacts to VC
The Villa Cortina owners and HOA Board are understanding and supportive of the desire to redevelop
the First Bank building. However, we do have some concerns that we would like to see addressed.
To begin, we would like clarity about the actual purpose of today’s applications. We believe the goal of
First Bank’s three applications is not to simply bring the property’s existing uses into conformance with
the Town Code. First Bank has been operating for fifty years without issue; so this is not just a “land use
cleanup exercise.”
To the contrary, we believe that the ultimate goal of the three applications is to take advantage in the
future of the more lenient development standards that Commercial Core 1 (CC1) zoning allows.
Specifically, CC1 will allow the property to be developed with (i) 80% site coverage versus the existing
48%, (ii) no setbacks, and (iii) no net reduction in landscaping versus the required 30% as now exists.
These three standards become uses by right for the property going forward if CC1 is approved.
Therefore, we think that these applications are a setup for a future development that could not
currently be built under the existing zoning and are not merely a quick “cleanup” of existing uses which
have occurred for fifty years.
With that said, and to be more specific, what we like about the First Bank proposed rezoning is that it
-Maintains the First Bank on the property, a long-standing business in Vail Village;
-Reduces the potential building height from 48’ to 33’ and 43’ thus reducing the potential impacts of
a new building on the property . This is per CC1 Zoning . ( However, rendering shown to Villa Cortina
Board showed a roof structure 46 ft high)
What we don’t like:
-It reduces setback requirements from 20’ to 0’. The reduction in potential setbacks allows for a
larger building footprint and MUCH less light, air, and view between the two properties;
-It also increases the site coverage of the building from current 48% to 80% which again leads to a
larger building footprint and impacts to light, air , sunshine and views
- In addition, the Design Rendering proposed shows a 46 ft high roof line, not the required 33 and 43
‘height per CC1
-It also reduces the landscape area requirement from 30% to “ no loss of existing landscape area”
per CC1. ( 15 aspens are at the corner of West Meadow and Vail road, hiding the utilities…and another
15 or so on the Southeast corner of property…Plus EW grouping below)
-As per the rendering shown to us, there is a driveway proposed immediately on our property
line…and a basement garage with parking spaces up to our shared property line. There are 13 Blue
spruce and Aspen trees currently on this EW line that are over 40 ft tall and 50 years old. Per our
Arborist report, this excavation and paving will “ lead to the eventual decline of the trees and must
likely putting the trees at risk of failure”. ( see photos of tree block).
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We believe that in total, the changes in development standards are a net negative impact to the Villa
Cortina. However, if we had some sort of guarantee that the building height would comply with the CC1
zone district and that there were reasonable setbacks, ample room for significant trees and landscaping,
and reasonable site coverage, then we might be able to support such a rezoning request.
While it may not be a requirement that a rezoning and land use application have a proposed
development plan, we believe given the location of this parcel and its potential impacts on neighboring
properties, that the PEC and Town Council require an application for review at the same time as the
rezoning application. Indeed, First Bank shared with us at least part of its preliminary development
plans. Without this, the PEC has no way of knowing whether the applicant will later then submit for a
Special Development District or variances to up end building height limitations in the CC1 zone
district. We believe it would be good for everyone to know what the end game looks like.
We also request certified “story poles” be installed as soon as practical, to show all neighbors actual
proposed height and coverage of new building vs current and related view impact. As stated, we have
seen a conceptual plan for the property which exceeds the height limits of the CC1 and provides very
limited opportunities for landscaping to screen the new building. What we have seen is not acceptable
to us and violates the proposed CC1 zoning.
Signed,
Peggy Fuller, HOA Board President and Board Members:
Michelle Taylor, Pablo Iturbe, Ilene Slate and John Obering
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August 30, 2023
Mrs. Michelle Taylor
Villa Cortina
22 West Meadow Dr
Vail, Colorado 81657
Dear Mrs. Taylor,
Thank you for the opportunity to assess your trees at Villa Cortina. Enclosed is my report based
on my onsite assessment performed August 30, 2023. The report is a summary of my evaluation
of the Spruce and Aspen trees located on the east property line of Villa Cortina.
Please feel free to contact me if you have any questions regarding this report.
Best,
Todd Rader
Old Growth Tree Service
Board Certified Master Arborist PD-1607B
ISA Qualified Tree Risk Assessor
Member American Society of Consulting Arborists
Trader@Oldgrowth-tree.com
970.471.0794
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This report is prepared for:
Villa Cortina HOA
22 West Meadow Dr
Vail, Colorado
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Table of Contents
Summary ....................................................................................................................................................... 3
Introduction .................................................................................................................................................. 3
Background ............................................................................................................................................... 3
Assignment................................................................................................................................................ 4
Limits of Assignment ................................................................................................................................. 4
Purpose and Use of Report ....................................................................................................................... 4
Observations ................................................................................................................................................. 5
Site Visit................................................................................................................................................. 5
Site Location and Conditions ................................................................................................................ 5
Tree Description .................................................................................................................................... 5
Testing and Analysis ...................................................................................................................................... 6
Discussion...................................................................................................................................................... 6
Tree health and condition ..................................................................................................................... 6
Tree Preservation .................................................................................................................................. 7
Conclusion ..................................................................................................................................................... 8
Recommendations ........................................................................................................................................ 9
Glossary ....................................................................................................................................................... 10
Bibliography ................................................................................................................................................ 12
Appendix A .................................................................................................................................................. 13
Appendix B .................................................................................................................................................. 14
Appendix C .................................................................................................................................................. 15
Figure 1 ................................................................................................................................................... 15
Figure 2 ................................................................................................................................................... 16
Figure 3 ................................................................................................................................................... 17
Figure 4 ................................................................................................................................................... 18
Figure 5 ................................................................................................................................................... 19
Appendix D .................................................................................................................................................. 20
Assumptions & Limiting Conditions .................................................................................................... 20
Appendix E .................................................................................................................................................. 21
Certification and Performance ............................................................................................................ 21
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Summary
Mrs. Michelle Taylor on behalf of the Villa Cortina HOA requested a written report regarding the
condition of two aspen (Populous tremuloides) trees (Appendix C, Figure 1), two Colorado spruce (Picea
pungens) trees (Appendix C, Figure 2); as well as the likelihood of their survival pending a proposed
construction project at 17 Vail Road (Appendix A). The trees are located on the east side of the property
between Villa Cortina and 17 Vail Road (Appendix B).
During my site visit I identified several issues on both aspen and spruce trees. I identified a moderate
aphid infestation on the aspen trees. Leaf scorch and Marssonina leaf spot are also present on both
aspen trees. The spruce trees have moderate mite infestation and pine needle scale. None of these
issues are currently adversely affecting the trees, however treatment is warranted to prevent any
further stress.
Mrs. Taylor provided me with a proposed building plan at 17 Vail Road. I examined the proposed
construction and determined that it appears to involve excavation up to the property line of Villa Cortina
to allow for an underground parking garage. A new driveway that runs along the property line is also
proposed. Due to Villa Cortinas trees close proximity to the property line, it is my opinion that the
proposed construction would be detrimental to the health of the trees and would also compromise the
structural integrity of the trees.
Introduction
Background
On August 27th, Mrs. Taylor contacted me via email regarding several trees at Villa Cortina. Mrs. Taylor
was concerned about a proposed construction project that may have an adverse effect on the trees at
Villa Cortina. In addition, Mrs. Taylor asked that I perform an assessment of the trees and their current
condition.
After reviewing her concerns and discussing my terms of employment, I agreed to inspect the trees and
site.
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Assignment
During my site visit on August 30th, 2023, I agreed to provide the following services:
• Perform a visual assessment of two aspen trees and two spruce trees.
• Review the proposed construction plan and how it may affect the Villa Cortina trees.
• Assess the current condition of the trees.
• Submit a written report stating my observations and opinions about the trees.
• Provide recommendations for the management of the trees.
Limits of Assignment
Due to the limited amount of time I had to provide my report I was unable to send any samples to a
laboratory to confirm my findings regarding the tree’s health.
There was not a clearly defined property boundary at the time of my inspection which prevented me
from making precise measurements in relation to the tree’s proximity to the property line.
The construction plan I was provided with was not a final draft and did have different options for the
construction.
Purpose and Use of Report
The purpose of this report is to provide a visual inspection, evaluate the health and structural condition
of the two aspen and two spruce trees at Villa Cortina as well as give my opinion on the proposed
construction at 17 Vail Road and how it may impact the Villa Cortina trees. This report is not intended as
and does not represent legal advice and should not be relied upon to take the place of such advice. This
report is intended for the exclusive use of the Villa Cortina HOA and will become property of Villa
Cortina HOA and therefore its use will be at the discretion of the Vila Cortina HOA.
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Observations
Site Visit
On August 30th, 2023, at her request on behalf of the Villa Cortina HOA, I met with Mrs. Taylor at Villa
Cortina to assess the trees.
Site Location and Conditions
The Villa Cortina site is adjacent to 17 Vail Road on the East side of the property, the site of the
proposed construction. There was one weathered property stake near the middle of the property line
running north to south. It appeared that there are two aspen trees and two spruce trees on the Villa
Cortina property. All four of Villa Cortina trees appear to be within 1-2 feet of the property line. There
are also several other aspen and spruce trees in the vicinity that would appear to be on the 17 Vail Road
property. The trees are planted in a small planting bed that is approximately 5-6 feet wide at its widest
point. At the narrowest point it is approximately 3 feet wide (Appendix A, Figure 3). There is a thin layer
of mulch and Mrs. Taylor informed me that there is irrigation in the bed. The trees are bordered by a
parking lot on the west side and a sidewalk on the east side.
Tree Description
The four Villa Cortina trees are planted very close together. The aspen tree in the middle is being
crowded by the adjacent spruce tree. The following is a description of each individual tree:
• The tree to the north is a semi-mature aspen 8.5 inches in diameter at breast height (DBH). It is
41-43 feet tall. The leaves were glistening in the sun and sticky. Some leaves also have brown
spots throughout the entire leaf (Appendix A, Figure 4). Most of the leaves were yellowing
around the margin of the leaf. This tree is currently in good condition.
• The next tree in line is also a semi-mature aspen and measures 8.25 inches DBH. It is 41-43 feet
tall. I found the same sticky condition and brown spots on the leaves of this tree. Many of the
leaves also exhibited the same yellowing around the margins. This tree is being crowded by the
adjacent spruce tree and no longer has a symmetrical crown. The tree is in fair condition.
• The third tree in line is a semi-mature spruce tree that has a 10-inch DBH. It is crowding out the
adjacent aspen to the north. It measures 41-43 feet tall. I found some small yellow spots on the
needles as well as some white specks (Appendix A, Figure 5). The needles were also glistening in
the sun. This tree is in good condition.
• The fourth tree is a semi-mature spruce and has an 8-inch DBH. It is 40-43 feet tall and shows
the same yellow spots on the needles and white specks. This tree is in good condition.
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Testing and Analysis
As part of my visual inspection, I took digital photographs of the four trees at Villa Cortina to document
their condition at the time of my site visit. Pertinent photos are included in this report (Appendix A) as
supporting material. All photos were taken on August 3oth, 2023.
Discussion
This assignment required two separate facets regarding the four trees at Villa Cortina. The first being the
current condition and health of the trees and the second providing my opinion on how the trees would
fare should the proposed construction at 17 Vail Road proceed. I have broken down the discussion into
these two parts separately to provide clarity.
Tree health and condition
While performing my site visit, I noticed several issues with both aspen and spruce trees. Both aspen
trees have yellowing around the margins of the leaves. This is most commonly caused by lack of water.
During summer months as the daytime temperature rises and there is insufficient water from either
rainfall or irrigation, trees become stressed. Water is needed for the tree to uptake critical nutrients and
to aid in the process of photosynthesis. When trees are under stress, they become susceptible to
multiple insects and diseases. While this condition may not cause serious harm to the tree this year,
repeated years of stress can result in dieback of branches and total loss of the tree. I also observed a
stickiness to the leaves of both aspens. This is called honeydew and is a result of aphids excrement.
There are dozens of species of aphids in Colorado that attack shade trees. I was not able to identify the
specific species on the Villa Cortina trees due to the limited amount of time I had to complete this
report. All aphids that attack shade trees are piercing sucking insects that feed on the sap from leaves.
Large quantities of aphids can reduce tree vigor thus contributing to tree stress. The population of the
aspens at Villa Cortina is moderate to high. The brown spots on the aspen leaves is a common fungal
issue on aspen trees called marssonina. This fungus emerges in early spring and becomes more
noticeable by July or August. As the fungus spreads throughout the canopy the trees take on an almost
bronze color and often defoliation is noticeable. Since defoliation occurs in the latter part of the season
it is not typically harmful to the trees; however repeated defoliation will lead to undue stress on the
tree. The two aspen trees were in good to fair condition at the time of my site inspection. Repeated
years of one or all the conditions I identified could begin to lead to decline and loss of vigor and possibly
mortality.
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The two spruce trees on site were both in good condition. I did identify mite damage to some of the
needles, indicated by the yellow spots. These are most likely spruce spider mites (Oligonychus unuguis).
Spruce spider mite is a cool season mite and is most active in early spring and sometimes fall. The
damage does not become apparent until mid-summer. The damage to the trees was minimal at the time
of my inspection, however, left unchecked may lead to defoliation of the tree and sometimes mortality.
The white specks I observed on the same trees are a scale insect called pine needle scale (Chionaspis
pinifoliae). This insect also feeds on the needles, sucking the sap and leading to the death of the needles.
Heavy populations often defoliate a tree entirely killing the tree over time if untreated. The scale
population on the two spruce trees was minimal at the time of my inspection. When treating for pine
needle scale it is important to be aware that treatment with insecticides also kills beneficial insects that
feed on mites and keep that population in check. Overtreatment can lead to an outbreak in mite
populations.
Tree Preservation
I was provided a preliminary drawing of the proposed construction at 17 Vail Road which borders Villa
Cortinas property to the east. To determine if the trees could be protected during construction and
determine the likelihood of their survival post construction, I considered several factors. I first took into
consideration the current condition of the four trees. As I have noted they are all in good to fair
condition. I found no structural defects and in the recommendations section I have listed treatment
options to address the current pest and disease issues. The trees currently provide a screen between
the two properties and are an asset to the residents at Villa Cortina. Since the trees are an asset, will
provide value to the residents, are in fair to good condition and are in a semi-mature life stage, in my
opinion these trees are worth preserving.
Next, I determined what would be required to preserve the trees during construction and ensure that
they survive post construction. To make this determination I calculated the tree protection zone (TPZ) in
relation to the proposed construction. To make this calculation, I considered both tree species’
tolerance for construction damage (Matheny, Smiley, Gilpin and Hauer, 2023). Examples of construction
damage include cutting of roots, soil compaction, grade change, etc. In my opinion aspen trees have a
low tolerance for construction disturbance and spruce trees have a medium tolerance for construction
damage. Taking this into consideration along with the trees age class, I can use each tree’s individual
DBH and determine the radius needed for the preliminary tree protection zone. The radius needed for
each tree protection zone is listed below:
• Aspen with 8.5-inch DBH- TPZ= 8.5 feet
• Aspen with 8.25-inch DBH- TPZ= 8.25 feet
• Spruce with 10-inch DBH- TPZ= 6.6 feet
• Spruce with 8-inch DBH- TPZ= 5.3 feet
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There are other factors to take into consideration before determining the final TPZ. Because all the trees
are within close proximity, the TPZ of each tree will overlap. This means that only one TPZ will be
needed to protect all the trees. Other factors to consider are the site conditions. These trees all exist in
limited soil volume. Because the TPZ is used to protect a tree’s root system, it is important to determine
where the tree roots exist. A common misconception is that tree roots typically extend out to the
dripline. Tree roots extend well past the dripline, typically 2.5-3 times past the dripline. Most tree roots
are also found within the top 3 feet of the soil surface with the fine absorbing roots in the top 8 inches
of the soil (Gilman 2001). Taking this into consideration, and the proximity of the Villa Cortina parking lot
to the trees, the TPZ should be adjusted to the East to protect the area where I suspect the majority of
the tree’s roots exist. Now that the TPZ has been determined, it is evident that the proposed
construction would enter the TPZ thus reducing the chances of the tree’s survival post construction.
Additionally, the proposed construction is so far into the TPZ that it will impact the structural roots of all
four trees compromising the critical root zone (CRZ). When the CRZ is compromised the structural
integrity of the tree is compromised and may lead to the failure of the entire tree creating a safety
hazard and damage to property.
Conclusion
The two aspen and two spruce trees are significant assets to the residents of Villa Cortina. They provide
an important screen for the residents of Villa Cortina. While I did find evidence of disease and insect
pests, the trees are in good condition and will provide value for many years to come provided they are
monitored and cared for.
The proposed construction would be detrimental to all four of the Villa Cortina trees. Based on the
construction plan provided to me and the proximity to the construction. It is my opinion that a tree
protection zone could not be established thus leading to the eventual decline of the trees and most
likely putting the trees at risk of failure.
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Recommendations
Based on my inspection and conclusions, I am recommending the following action items:
• An ISA Certified Arborist should be hired to provide treatment for the insect and disease issues
discussed in this report.
• Irrigation should be added to the four trees to help alleviate stress and improve their overall
vigor.
• Hire a qualified irrigation specialist to provide the proper amount of water as related to the size
of each tree.
• Prevent any disturbance within the tree protection zone to ensure the longevity of the trees and
prevent creating a safety hazard.
• Have a consulting arborist monitor tree health and condition every twelve months.
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Glossary
Aphid A small bug that feeds by sucking sap from plants.
Critical Root Zone Area of soil around a tree where the minimum volume of
roots considered critical to the structural stability or health
of the tree are located.
Diameter at Breast Height The diameter of a tree trunk at a height of 4.5 feet above
ground.
Dripline The width of the crown, as measured by the lateral extent
of the foliage.
Fine Absorbing Roots The main organ through which plants absorb nutrients and
water. (< 2mm in diameter)
Honeydew Watery fluid excreted by aphids.
ISA Certified Arborist An individual that has achieved a level of knowledge in the
art and science of tree care by passing a comprehensive
examination developed by the International Society of
arboriculture.
Leaf Scorch Browning of plant tissue including margins and tips.
Marssonina A genus of fungi in the family Dermateaceae.
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Mite A small arachnid which has four pairs of legs when adult.
Photosynthesis The process by which green plants use sunlight to
synthesize foods from carbon dioxide and water.
Pine Needle Scale Tiny white elongated tear drop shape scale found on
conifer needles.
Sap The fluid, mostly water with dissolved sugars and mineral
salts that circulates in the vascular system of plants.
Semi-Mature Less than 40% of life expectancy.
Tree Protection Zone Defined area within which certain activities are prohibited
to prevent or minimize potential injury to designated
trees.
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Bibliography
• Gilman, Edward F. Where are Tree Roots? Extension Service Bulletin ENH
137, Florida Cooperative Extension Service, University of Florida, Institute
of Food and Agriculture Sciences. http://edis.ifas.ufl.edu/wo017 9/25/2001
• Matheny, Smiley, Gilpin and Hauer. Managing Trees during Site
Development and Construction, International Society of Arboriculture,
Gray’s Inn House.
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Appendix A
Proposed construction plan
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Appendix B
Villa Cortina Site Plan
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Appendix C
Figure 1
Aspen Trees
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Figure 2
Spruce trees
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Figure 3
Photo of planting bed
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Figure 3
Photo of brown spots on leaves
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Figure 5
Yellow spots and white specks
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Appendix D
Assumptions & Limiting Conditions
1. Care has been taken to obtain all information from reliable sources. All data has been verified
insofar as possible: however, the consultant can neither guarantee nor be responsible for the
accuracy of information provided by others.
2. The consultant shall not be required to give testimony or to attend court by reason of this report
unless subsequent contractual arrangements are made, including payment of an additional fee
for such services as described in the fee schedule.
3. Loss or alteration of any part of this report invalidates the entire report.
4. Possession of this report or copy thereof does not imply right of publication or use for any
purpose by any other person to whom it is addressed, without the prior written or verbal
consent of the consultant.
5. This report represents the opinion of the consultant, and the consultant’s fee is in no way
contingent on the reporting of a specified value, a stipulated result, the occurrence of a
subsequent event, nor upon any finding to be reported.
6. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are
not necessarily to scale and should not be so construed as engineering or architectural reports
or surveys.
7. Unless expressed otherwise, information contained in this report covers only those items that
were examined and reflects the condition of those items at the time of inspection. There is no
warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or
property in question may not arise in the future.
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Appendix E
Certification and Performance
I, Todd Rader, certify that:
1. I have personally inspected the tree and property referred to in this report and have stated my
findings accurately.
2. I have no current or prospective interest in the tree or property that is the subject of this report
and have no personal interest or bias with respect to the parties involved.
3. The analysis, opinions and conclusions stated herein are my own and are based on current
scientific procedures and facts.
4. My analysis, opinions and conclusions were developed, and this report has been prepared
according to commonly accepted arboricultural practices.
5. No one provided significant professional assistance to me, except as indicated within the report.
6. My compensation is not contingent upon the reporting of a predetermined conclusion that
favors the cause of the client or any other party nor upon the results of the assessment, the
attainment of stipulated results, or the occurrence of any subsequent events.
I further certify that I am a member in good standing of the American society of Consulting Arborists and
the International Society of Arboriculture. I have been in the field of Arboriculture in full time capacity
for a period of 32 years.
Signed:
Date: September 6, 2023
Todd Rader
Old Growth Tree Service
Board Certified Master Arborist PD-1607B
ISA Qualified Tree Risk Assessor
Member American Society of Consulting Arborists
Trader@Oldgrowth-tree.com
970.471.0794
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To the Vail Town Council - for review of First Bank Re-Zoning request on 11-21--23
Villa Cortina (VC) is the immediate neighbor to the West of the proposed First Bank Redevelopment.
Below are the comments from the VC HOA Board on the proposed redevelopment of First Bank and the
significant impacts to VC.
The VC owners and HOA Board are understanding and supportive of the desire to redevelop the First
Bank building. However, we do have some concerns that we would like to see addressed.
To begin, we would like to clarify the actual purpose of today’s application. We believe the goal of First
Bank’s three applications is to secure Commercial Core 1 Zoning (CC1) and the accompanying uses by
right. Its goal is not to simply bring the property’s existing uses into conformance with the Town Code.
First Bank has been operating for fifty years without issue; so this is not just a “land use cleanup
exercise.”
To the contrary, the ultimate goal is to take advantage of the more lenient development standards that
CC1 zoning allows. Specifically, CC1 will allow the property to be developed with (i) 80% site coverage
versus the existing 48%, (ii) no setbacks versus the existing 20’ setbacks, and (iii) no net reduction in
landscaping versus the required 30% which now exists. These three, new standards (among many
others) become “uses by right” for the property going forward if CC1 is approved. As a result, it restricts
any oversight by the PEC and Town Council on these issues in the future for First Bank as well as any
subsequent owner(s) of the property.
Therefore, these applications allow a future development that could not currently be built under the
existing zoning. The “Fear” of the VC Board is that East West will “cherry pick” uses by right from CC1 ,
and return to the PEC and Town Council for variances for conditions that are not uses by right (such as
on-site parking, setbacks and site coverage going from 48% CURRENT BUILDING to 80 % (per CC1). This
was also the concern of ALL Commissioners at the PEC meeting on 9-20-23.
Indeed, the PEC meeting was not a cursory exercise for these applications. Although the vote passed 4-
1, each PEC member expressed serious concern regarding the expanded site coverage, lack of setbacks,
and change in landscape definition. Moreover, multiple PEC members recognized that CC1 does not
allow on-site parking. The First Bank rendering already shows on-site parking confirming VC ’s fear that
the redevelopment will cherry pick CC1’s advantages, but then seek variances for uses which it may not
have.
We understood from the PEC meeting that CC1 would reduce the potential building height to 33’, for
60% of the building, and 43’ for 40% of the building. We learned this week from East West that they are
using a loophole to include a steeper pitch on 60% of the roof, which actually brings the height to 37 ft
for 60% of the building.
As noted generally above, CC1 Zoning allows:
-A reduction in setback requirements from 20’ to 0’. The reduction in potential setbacks allows for a
larger building footprint and MUCH less light, air, and view between the two properties;
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-An increase in site coverage of the building from the current 48% to 80%, which again leads to a
larger building footprint and impacts to light, air, sunshine and views;
- A reduction in the landscape area requirement from 30% CURRENT to “no loss of existing
landscape area” per CC1. (15 aspens are at the corner of West Meadow and Vail Road, hiding the
utilities…and another 15 or so on the Southeast corner of property…Plus the EW grouping below)
-As per the rendering shown to us, there is a driveway proposed immediately on our property line…,
with on- site parking (not allowed in CC1) and a basement garage with parking spaces up to our shared
property line. Critically for VC ’s privacy, there are 13 Blue Spruce and Aspen trees on this EW line that
are over 40 ft tall and 50 years old. Per our Arborist report, the excavation and paving will “lead to the
eventual decline of the trees and most likely putting the trees at risk of failure”. (see photos of tree
block).
Besides the death of the 40 ft tall trees that are on our shared property line with First Bank, there is
another massive problem with a First Bank Driveway entrance coming off West Meadow Drive,
immediately next to the Villa Cortina driveway entrance. Not only is this already a VERY difficult location
for cars making a left turn off West Meadow, but adding another driveway with more traffic will make a
left turn very difficult and dangerous. This is the TOV Bus Route, and regularly, when buses stop at Vail
Road before crossing, the bus length already nearly blocks the Villa Cortina existing driveway. In
addition, fire trucks are regularly pulling out and backing in on their return. We cannot think of a worse
addition to this already crowded intersection. We also have a new Pedestrian Gate on the East side of
our shared property line (that was an Easement granted to us by FB in 2022). Pedestrians cannot go out
of our auto gate for safety reasons which led to the requirement of a Pedestrian gate. The proposed
First Bank access Driveway will prevent our pedestrians from safely crossing into town.
Moreover, the redevelopment would not need this problematic driveway if it followed CC1’s prohibition
of on-site parking. The driveway could stay where it is to descend into underground parking, the trees
are protected, and the unavoidable traffic mess does not occur.
We believe that, in total, the zoning change to CC1, together with the variances that are already being
planned, are a net negative impact to the Villa Cortina. If the building complied with the actual height
requirement (i.e., 33 feet for 60%) there are reasonable setbacks and site coverage planned, there is
ample room for significant trees and landscaping on our shared property line, and a different traffic
pattern introduced, then we might be able to support such a rezoning request. But please remember,
once CC1 is approved, those uses become uses by right for this owner and all future owners of the
property.
Please note that the Land use Plan and Urban Design guide plan repeatedly mentions “light, air, sun,
openness, community access and walking”. The new FB building is so big and blocking that it seems to
suggest the opposite of the objectives of these design plans.
While it may not be a requirement that a rezoning and land use application have a proposed
development plan in conjunction with the zoning change application, we believe given the location of
this parcel and its potential impacts on neighboring properties, that the PEC and Town Council require
an application for review at the same time as the rezoning application. Without this, the PEC and Town
Council have no way of knowing whether the applicant will later submit for a Special Development
District or variances to cherry pick the most favorable uses by right to accommodate their
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redevelopment. We believe it would be good for everyone to know what the end game looks like at the
same time as the zoning change is approved.
Finally, a dangerous precedent will be set if this zoning change is allowed. As Vail currently exists, CC1
zoning is only allowed on Bridge Street/Gore Creek Drive. That was deliberately planned and CC1 makes
sense there. Pulling CC1 to this property, and spotting it there, could lead to future applications doing
the same thing. Vail should be careful with one-off zoning changes.
We also request certified “story poles” be installed as soon as practical, to show all neighbors actual
proposed height and coverage (density) of new building vs current and related view impact.
The conceptual plans we have seen make the FB Redevelopment a negative impact to Villa Cortina
owners.
Because we believe the Town Council should have as much information in front of it as possible to make
a reasonable decision, we are also including the following information: the Arborist Report, the recent
renderings provided to VC and relevant photos.
Signed,
Peggy Fuller, HOA Board President and Board Members:
Michelle Taylor, Pablo Iturbe, Ilene Slate and John Obering
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23
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251
August 30, 2023
Mrs. Michelle Taylor
Villa Cortina
22 West Meadow Dr
Vail, Colorado 81657
Dear Mrs. Taylor,
Thank you for the opportunity to assess your trees at Villa Cortina. Enclosed is my report based
on my onsite assessment performed August 30, 2023. The report is a summary of my evaluation
of the Spruce and Aspen trees located on the east property line of Villa Cortina.
Please feel free to contact me if you have any questions regarding this report.
Best,
Todd Rader
Old Growth Tree Service
Board Certified Master Arborist PD-1607B
ISA Qualified Tree Risk Assessor
Member American Society of Consulting Arborists
Trader@Oldgrowth-tree.com
970.471.0794
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This report is prepared for:
Villa Cortina HOA
22 West Meadow Dr
Vail, Colorado
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Table of Contents
Summary ....................................................................................................................................................... 3
Introduction .................................................................................................................................................. 3
Background ............................................................................................................................................... 3
Assignment................................................................................................................................................ 4
Limits of Assignment ................................................................................................................................. 4
Purpose and Use of Report ....................................................................................................................... 4
Observations ................................................................................................................................................. 5
Site Visit................................................................................................................................................. 5
Site Location and Conditions ................................................................................................................ 5
Tree Description .................................................................................................................................... 5
Testing and Analysis ...................................................................................................................................... 6
Discussion...................................................................................................................................................... 6
Tree health and condition ..................................................................................................................... 6
Tree Preservation .................................................................................................................................. 7
Conclusion ..................................................................................................................................................... 8
Recommendations ........................................................................................................................................ 9
Glossary ....................................................................................................................................................... 10
Bibliography ................................................................................................................................................ 12
Appendix A .................................................................................................................................................. 13
Appendix B .................................................................................................................................................. 14
Appendix C .................................................................................................................................................. 15
Figure 1 ................................................................................................................................................... 15
Figure 2 ................................................................................................................................................... 16
Figure 3 ................................................................................................................................................... 17
Figure 4 ................................................................................................................................................... 18
Figure 5 ................................................................................................................................................... 19
Appendix D .................................................................................................................................................. 20
Assumptions & Limiting Conditions .................................................................................................... 20
Appendix E .................................................................................................................................................. 21
Certification and Performance ............................................................................................................ 21
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Summary
Mrs. Michelle Taylor on behalf of the Villa Cortina HOA requested a written report regarding the
condition of two aspen (Populous tremuloides) trees (Appendix C, Figure 1), two Colorado spruce (Picea
pungens) trees (Appendix C, Figure 2); as well as the likelihood of their survival pending a proposed
construction project at 17 Vail Road (Appendix A). The trees are located on the east side of the property
between Villa Cortina and 17 Vail Road (Appendix B).
During my site visit I identified several issues on both aspen and spruce trees. I identified a moderate
aphid infestation on the aspen trees. Leaf scorch and Marssonina leaf spot are also present on both
aspen trees. The spruce trees have moderate mite infestation and pine needle scale. None of these
issues are currently adversely affecting the trees, however treatment is warranted to prevent any
further stress.
Mrs. Taylor provided me with a proposed building plan at 17 Vail Road. I examined the proposed
construction and determined that it appears to involve excavation up to the property line of Villa Cortina
to allow for an underground parking garage. A new driveway that runs along the property line is also
proposed. Due to Villa Cortinas trees close proximity to the property line, it is my opinion that the
proposed construction would be detrimental to the health of the trees and would also compromise the
structural integrity of the trees.
Introduction
Background
On August 27th, Mrs. Taylor contacted me via email regarding several trees at Villa Cortina. Mrs. Taylor
was concerned about a proposed construction project that may have an adverse effect on the trees at
Villa Cortina. In addition, Mrs. Taylor asked that I perform an assessment of the trees and their current
condition.
After reviewing her concerns and discussing my terms of employment, I agreed to inspect the trees and
site.
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Assignment
During my site visit on August 30th, 2023, I agreed to provide the following services:
• Perform a visual assessment of two aspen trees and two spruce trees.
• Review the proposed construction plan and how it may affect the Villa Cortina trees.
• Assess the current condition of the trees.
• Submit a written report stating my observations and opinions about the trees.
• Provide recommendations for the management of the trees.
Limits of Assignment
Due to the limited amount of time I had to provide my report I was unable to send any samples to a
laboratory to confirm my findings regarding the tree’s health.
There was not a clearly defined property boundary at the time of my inspection which prevented me
from making precise measurements in relation to the tree’s proximity to the property line.
The construction plan I was provided with was not a final draft and did have different options for the
construction.
Purpose and Use of Report
The purpose of this report is to provide a visual inspection, evaluate the health and structural condition
of the two aspen and two spruce trees at Villa Cortina as well as give my opinion on the proposed
construction at 17 Vail Road and how it may impact the Villa Cortina trees. This report is not intended as
and does not represent legal advice and should not be relied upon to take the place of such advice. This
report is intended for the exclusive use of the Villa Cortina HOA and will become property of Villa
Cortina HOA and therefore its use will be at the discretion of the Vila Cortina HOA.
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Observations
Site Visit
On August 30th, 2023, at her request on behalf of the Villa Cortina HOA, I met with Mrs. Taylor at Villa
Cortina to assess the trees.
Site Location and Conditions
The Villa Cortina site is adjacent to 17 Vail Road on the East side of the property, the site of the
proposed construction. There was one weathered property stake near the middle of the property line
running north to south. It appeared that there are two aspen trees and two spruce trees on the Villa
Cortina property. All four of Villa Cortina trees appear to be within 1-2 feet of the property line. There
are also several other aspen and spruce trees in the vicinity that would appear to be on the 17 Vail Road
property. The trees are planted in a small planting bed that is approximately 5-6 feet wide at its widest
point. At the narrowest point it is approximately 3 feet wide (Appendix A, Figure 3). There is a thin layer
of mulch and Mrs. Taylor informed me that there is irrigation in the bed. The trees are bordered by a
parking lot on the west side and a sidewalk on the east side.
Tree Description
The four Villa Cortina trees are planted very close together. The aspen tree in the middle is being
crowded by the adjacent spruce tree. The following is a description of each individual tree:
• The tree to the north is a semi-mature aspen 8.5 inches in diameter at breast height (DBH). It is
41-43 feet tall. The leaves were glistening in the sun and sticky. Some leaves also have brown
spots throughout the entire leaf (Appendix A, Figure 4). Most of the leaves were yellowing
around the margin of the leaf. This tree is currently in good condition.
• The next tree in line is also a semi-mature aspen and measures 8.25 inches DBH. It is 41-43 feet
tall. I found the same sticky condition and brown spots on the leaves of this tree. Many of the
leaves also exhibited the same yellowing around the margins. This tree is being crowded by the
adjacent spruce tree and no longer has a symmetrical crown. The tree is in fair condition.
• The third tree in line is a semi-mature spruce tree that has a 10-inch DBH. It is crowding out the
adjacent aspen to the north. It measures 41-43 feet tall. I found some small yellow spots on the
needles as well as some white specks (Appendix A, Figure 5). The needles were also glistening in
the sun. This tree is in good condition.
• The fourth tree is a semi-mature spruce and has an 8-inch DBH. It is 40-43 feet tall and shows
the same yellow spots on the needles and white specks. This tree is in good condition.
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Testing and Analysis
As part of my visual inspection, I took digital photographs of the four trees at Villa Cortina to document
their condition at the time of my site visit. Pertinent photos are included in this report (Appendix A) as
supporting material. All photos were taken on August 3oth, 2023.
Discussion
This assignment required two separate facets regarding the four trees at Villa Cortina. The first being the
current condition and health of the trees and the second providing my opinion on how the trees would
fare should the proposed construction at 17 Vail Road proceed. I have broken down the discussion into
these two parts separately to provide clarity.
Tree health and condition
While performing my site visit, I noticed several issues with both aspen and spruce trees. Both aspen
trees have yellowing around the margins of the leaves. This is most commonly caused by lack of water.
During summer months as the daytime temperature rises and there is insufficient water from either
rainfall or irrigation, trees become stressed. Water is needed for the tree to uptake critical nutrients and
to aid in the process of photosynthesis. When trees are under stress, they become susceptible to
multiple insects and diseases. While this condition may not cause serious harm to the tree this year,
repeated years of stress can result in dieback of branches and total loss of the tree. I also observed a
stickiness to the leaves of both aspens. This is called honeydew and is a result of aphids excrement.
There are dozens of species of aphids in Colorado that attack shade trees. I was not able to identify the
specific species on the Villa Cortina trees due to the limited amount of time I had to complete this
report. All aphids that attack shade trees are piercing sucking insects that feed on the sap from leaves.
Large quantities of aphids can reduce tree vigor thus contributing to tree stress. The population of the
aspens at Villa Cortina is moderate to high. The brown spots on the aspen leaves is a common fungal
issue on aspen trees called marssonina. This fungus emerges in early spring and becomes more
noticeable by July or August. As the fungus spreads throughout the canopy the trees take on an almost
bronze color and often defoliation is noticeable. Since defoliation occurs in the latter part of the season
it is not typically harmful to the trees; however repeated defoliation will lead to undue stress on the
tree. The two aspen trees were in good to fair condition at the time of my site inspection. Repeated
years of one or all the conditions I identified could begin to lead to decline and loss of vigor and possibly
mortality.
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The two spruce trees on site were both in good condition. I did identify mite damage to some of the
needles, indicated by the yellow spots. These are most likely spruce spider mites (Oligonychus unuguis).
Spruce spider mite is a cool season mite and is most active in early spring and sometimes fall. The
damage does not become apparent until mid-summer. The damage to the trees was minimal at the time
of my inspection, however, left unchecked may lead to defoliation of the tree and sometimes mortality.
The white specks I observed on the same trees are a scale insect called pine needle scale (Chionaspis
pinifoliae). This insect also feeds on the needles, sucking the sap and leading to the death of the needles.
Heavy populations often defoliate a tree entirely killing the tree over time if untreated. The scale
population on the two spruce trees was minimal at the time of my inspection. When treating for pine
needle scale it is important to be aware that treatment with insecticides also kills beneficial insects that
feed on mites and keep that population in check. Overtreatment can lead to an outbreak in mite
populations.
Tree Preservation
I was provided a preliminary drawing of the proposed construction at 17 Vail Road which borders Villa
Cortinas property to the east. To determine if the trees could be protected during construction and
determine the likelihood of their survival post construction, I considered several factors. I first took into
consideration the current condition of the four trees. As I have noted they are all in good to fair
condition. I found no structural defects and in the recommendations section I have listed treatment
options to address the current pest and disease issues. The trees currently provide a screen between
the two properties and are an asset to the residents at Villa Cortina. Since the trees are an asset, will
provide value to the residents, are in fair to good condition and are in a semi-mature life stage, in my
opinion these trees are worth preserving.
Next, I determined what would be required to preserve the trees during construction and ensure that
they survive post construction. To make this determination I calculated the tree protection zone (TPZ) in
relation to the proposed construction. To make this calculation, I considered both tree species’
tolerance for construction damage (Matheny, Smiley, Gilpin and Hauer, 2023). Examples of construction
damage include cutting of roots, soil compaction, grade change, etc. In my opinion aspen trees have a
low tolerance for construction disturbance and spruce trees have a medium tolerance for construction
damage. Taking this into consideration along with the trees age class, I can use each tree’s individual
DBH and determine the radius needed for the preliminary tree protection zone. The radius needed for
each tree protection zone is listed below:
• Aspen with 8.5-inch DBH- TPZ= 8.5 feet
• Aspen with 8.25-inch DBH- TPZ= 8.25 feet
• Spruce with 10-inch DBH- TPZ= 6.6 feet
• Spruce with 8-inch DBH- TPZ= 5.3 feet
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There are other factors to take into consideration before determining the final TPZ. Because all the trees
are within close proximity, the TPZ of each tree will overlap. This means that only one TPZ will be
needed to protect all the trees. Other factors to consider are the site conditions. These trees all exist in
limited soil volume. Because the TPZ is used to protect a tree’s root system, it is important to determine
where the tree roots exist. A common misconception is that tree roots typically extend out to the
dripline. Tree roots extend well past the dripline, typically 2.5-3 times past the dripline. Most tree roots
are also found within the top 3 feet of the soil surface with the fine absorbing roots in the top 8 inches
of the soil (Gilman 2001). Taking this into consideration, and the proximity of the Villa Cortina parking lot
to the trees, the TPZ should be adjusted to the East to protect the area where I suspect the majority of
the tree’s roots exist. Now that the TPZ has been determined, it is evident that the proposed
construction would enter the TPZ thus reducing the chances of the tree’s survival post construction.
Additionally, the proposed construction is so far into the TPZ that it will impact the structural roots of all
four trees compromising the critical root zone (CRZ). When the CRZ is compromised the structural
integrity of the tree is compromised and may lead to the failure of the entire tree creating a safety
hazard and damage to property.
Conclusion
The two aspen and two spruce trees are significant assets to the residents of Villa Cortina. They provide
an important screen for the residents of Villa Cortina. While I did find evidence of disease and insect
pests, the trees are in good condition and will provide value for many years to come provided they are
monitored and cared for.
The proposed construction would be detrimental to all four of the Villa Cortina trees. Based on the
construction plan provided to me and the proximity to the construction. It is my opinion that a tree
protection zone could not be established thus leading to the eventual decline of the trees and most
likely putting the trees at risk of failure.
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Recommendations
Based on my inspection and conclusions, I am recommending the following action items:
• An ISA Certified Arborist should be hired to provide treatment for the insect and disease issues
discussed in this report.
• Irrigation should be added to the four trees to help alleviate stress and improve their overall
vigor.
• Hire a qualified irrigation specialist to provide the proper amount of water as related to the size
of each tree.
• Prevent any disturbance within the tree protection zone to ensure the longevity of the trees and
prevent creating a safety hazard.
• Have a consulting arborist monitor tree health and condition every twelve months.
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Glossary
Aphid A small bug that feeds by sucking sap from plants.
Critical Root Zone Area of soil around a tree where the minimum volume of
roots considered critical to the structural stability or health
of the tree are located.
Diameter at Breast Height The diameter of a tree trunk at a height of 4.5 feet above
ground.
Dripline The width of the crown, as measured by the lateral extent
of the foliage.
Fine Absorbing Roots The main organ through which plants absorb nutrients and
water. (< 2mm in diameter)
Honeydew Watery fluid excreted by aphids.
ISA Certified Arborist An individual that has achieved a level of knowledge in the
art and science of tree care by passing a comprehensive
examination developed by the International Society of
arboriculture.
Leaf Scorch Browning of plant tissue including margins and tips.
Marssonina A genus of fungi in the family Dermateaceae.
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Mite A small arachnid which has four pairs of legs when adult.
Photosynthesis The process by which green plants use sunlight to
synthesize foods from carbon dioxide and water.
Pine Needle Scale Tiny white elongated tear drop shape scale found on
conifer needles.
Sap The fluid, mostly water with dissolved sugars and mineral
salts that circulates in the vascular system of plants.
Semi-Mature Less than 40% of life expectancy.
Tree Protection Zone Defined area within which certain activities are prohibited
to prevent or minimize potential injury to designated
trees.
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Bibliography
• Gilman, Edward F. Where are Tree Roots? Extension Service Bulletin ENH
137, Florida Cooperative Extension Service, University of Florida, Institute
of Food and Agriculture Sciences. http://edis.ifas.ufl.edu/wo017 9/25/2001
• Matheny, Smiley, Gilpin and Hauer. Managing Trees during Site
Development and Construction, International Society of Arboriculture,
Gray’s Inn House.
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Appendix A
Proposed construction plan
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Appendix B
Villa Cortina Site Plan
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Appendix C
Figure 1
Aspen Trees
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Figure 2
Spruce trees
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Figure 3
Photo of planting bed
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Figure 3
Photo of brown spots on leaves
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Figure 5
Yellow spots and white specks
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Appendix D
Assumptions & Limiting Conditions
1. Care has been taken to obtain all information from reliable sources. All data has been verified
insofar as possible: however, the consultant can neither guarantee nor be responsible for the
accuracy of information provided by others.
2. The consultant shall not be required to give testimony or to attend court by reason of this report
unless subsequent contractual arrangements are made, including payment of an additional fee
for such services as described in the fee schedule.
3. Loss or alteration of any part of this report invalidates the entire report.
4. Possession of this report or copy thereof does not imply right of publication or use for any
purpose by any other person to whom it is addressed, without the prior written or verbal
consent of the consultant.
5. This report represents the opinion of the consultant, and the consultant’s fee is in no way
contingent on the reporting of a specified value, a stipulated result, the occurrence of a
subsequent event, nor upon any finding to be reported.
6. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are
not necessarily to scale and should not be so construed as engineering or architectural reports
or surveys.
7. Unless expressed otherwise, information contained in this report covers only those items that
were examined and reflects the condition of those items at the time of inspection. There is no
warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or
property in question may not arise in the future.
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Appendix E
Certification and Performance
I, Todd Rader, certify that:
1. I have personally inspected the tree and property referred to in this report and have stated my
findings accurately.
2. I have no current or prospective interest in the tree or property that is the subject of this report
and have no personal interest or bias with respect to the parties involved.
3. The analysis, opinions and conclusions stated herein are my own and are based on current
scientific procedures and facts.
4. My analysis, opinions and conclusions were developed, and this report has been prepared
according to commonly accepted arboricultural practices.
5. No one provided significant professional assistance to me, except as indicated within the report.
6. My compensation is not contingent upon the reporting of a predetermined conclusion that
favors the cause of the client or any other party nor upon the results of the assessment, the
attainment of stipulated results, or the occurrence of any subsequent events.
I further certify that I am a member in good standing of the American society of Consulting Arborists and
the International Society of Arboriculture. I have been in the field of Arboriculture in full time capacity
for a period of 32 years.
Signed:
Date: September 6, 2023
Todd Rader
Old Growth Tree Service
Board Certified Master Arborist PD-1607B
ISA Qualified Tree Risk Assessor
Member American Society of Consulting Arborists
Trader@Oldgrowth-tree.com
970.471.0794
273
View looking directly east from Villa Cortina at First Bank at
our shared property line.
274
View looking at the shared property line between Villa Cortina
and First Bank. This shows how our pedestrian gate exits into
the current parking lot of First Bank.
275
Another view of the shared property line between Villa Cortina
and First Bank. These trees are 40’ tall and 50 years old.
276
FIRST BANK
&
RESIDENCES @ VAIL
CC-1 REZONING
13 NOVEMBER 2023
277
First Bank and Residences, Vail
2
PROJECT LOCATION
CONTEXT
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Four Seasons
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Interfaith
Chapel
100 E Meadow Dr
9 Vail R
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First Bank and Residences, Vail
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EXISTING SITE
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First Bank and Residences, Vail
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CC-1 ZONING SUMMARY
• Buildable Area - 21,213 sf
• Max allowable GRFA - 80 % of
Buildable Area =16,970 sf
• Max Site Coverage - 80 % =16,970 sf
(8,486 sf existing building
footprint = 40 %)
-
• Min landscape - no reduction in
existing landscape (min 5,681 sf)
• Max dwelling units 25 per 1acre
Site Building Area of 0.486 acre
allows for 12 units
• No surface parking / loading
along front setbacks
• Building max. heigh
33 ft - 60 % of building coverage
43 ft - 40 % of building coverage
(additional conditions in Vail Village
Design Considerations)
Buildable Area/
Property Line
Utility Easment10ft
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Scale: 1/20”=1’-0”’
PROPOSED BUILDING COVERAGE ABOVE GRADE
BUILDING COVERAGE = 46% OF SITE AREA
BUILDING COVERAGE = 40.5% OF SITE AREA
EXISTING BUILDING COVERAGE ABOVE GRADE8,609 SF
9,755 SF
SITE AREA21,200 SF
EXISTING BUILDINGOUTLINE BELOW GRADE
PROPOSED TO EXISTING FOOTPRINT COMPARISON
VAIL ROAD
W.
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First Bank and Residences, Vail
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CC-1 HEIGHT
CODE DEFINITION
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First Bank and Residences, Vail
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CC-1 HEIGHT
PROJECT HEIGHT APPLICATION
SECTION A - A
33
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6/12
3/12
37
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First Bank and Residences, Vail
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PROPERTY LINE
CONCEPTUAL SITE PLAN
Scale: 1/20”=1’-0”’
UTILITY
EASEMENT
PREVIOUS DESIGN
FOOTPRINT OUTLINE
PREVIOUS DESIGN
TOTAL GSF ABOVE GRADE -
24,700 GSF
CURRENT DESIGN
TOTAL GSF ABOVE GRADE -
25,010 GSF
A
A
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CONCEPTUAL PLAN
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288
From:Jonathan Spence
To:Stephanie Bibbens
Cc:Matt Gennett; Jim Telling
Subject:FW: Vail Religious Foundation Board member Father Brooks Keith Opposing First Bank Vail"s traffic plan for Zone
Change Request
Date:Tuesday, November 21, 2023 8:37:21 AM
Attachments:image001.png
Good Morning Steph
Could you please provide the TC with the email below for tonight’s meeting?
Thanks as always.
Jonathan Spence, AICP
Planning Consultant
Community Development Department
75 South Frontage Road
Vail, CO 81657
Office: 970.479-2321
vail.gov
From: Brooks Keith <brooks@episcopalvail.com>
Sent: Tuesday, November 21, 2023 7:32 AM
To: Jonathan Spence <jspence@vailgov.com>
Cc: Matthew Wyatt <mattwyatt@mcc-vail.com>; Scott Beebe <skbeebe@vail.net>; Joel Newman
<rabbi@bnaivail.org>; Father.Quera@archden.org; Tim Wilbanks <bankstim@aol.com>; Becky Levi-
Cohen <levicohenvail@gmail.com>; Vail Interfaith Chapel <admin@vailchapel.com>; Katie
Santambrogio <Katie@socialimpactadvisors.com>; suzannegilbert61@outlook.com; Mike Williams
<mike@episcopalvail.com>
Subject: Vail Religious Foundation Board member Father Brooks Keith Opposing First Bank Vail's
traffic plan for Zone Change Request
Dear Jonathan and other TOV Staff,
It's Father Brooks Keith, Clergy Board Member of the Vail Religious Foundation and
long-time Rector of our local Episcopal Church of the Transfiguration. Unfortunately I
cannot attend tonight's meeting as I am out of town, but ask that my comments be
presented and entered into tonight's record. While I fully support First Bank's need to
289
re-develop their Vail parcel and remain as one of our community's banking anchors
there, as their immediate neighbor I cannot support the one aspect of the plan presented
to our Board which details using our shared parking lot entrance as their only egress for
both future bank patrons and also owners or renters of the new condominiums. Upon
reflection, I realized we would never make that same ask of our neighbors, to empty our
patrons directly into their parking spaces. Are both future bank patrons and future
residents prepared to navigate at least two automated gates every single time they leave
their property? Will traffic on East Meadow Drive be negatively impacted by those
having to brake and turn immediately left or right into a narrow bank entrance leaving
everyone else at a densely populated intersection to have to now watch for more traffic
delays, especially with all the now year-round pedestrian foot traffic moving through
that intersection? Whatever a former Vail Religious Foundation Board president agreed
to in 1999 to share some parking spots with First Bank in exchange for their kind
support of our building efforts surely cannot now be used to explain a significantly
enlarged traffic flow in such a small space? I appreciate First Bank and their great team
everyday, as both my church and I am loyal and grateful customers. I want to help Nick
whom I respect to achieve a great re-model outcome which best suits his needs. I
simply oppose that one traffic flow aspect of the plan we were presented with, and ask
those of you in authority to help curtail all the unintended outcomes which I am
concerned about. Thank you for helping all of us preserve and best use our properties
to make this corner of Vail the most comfortable and safe it can be. Happy Thanksgiving
all!
Father Brooks Keith
Rector, The Episcopal Church of the Transfiguration, Vail Valley
Cell: 970-376-1647
E-Mail: brooks@episcopalvail.com
Web: www.episcopalvail.com
290
From:Rabbi Joel Newman
To:Stephanie Bibbens
Subject:Security
Date:Tuesday, November 21, 2023 6:41:55 PM
If the proposed road surrounds and passes the chapel, there is a very serious security concern for the Jewish
community with unknown cars having non-secure access to the Chapel.
Rabbi Newman
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AGENDA ITEM NO. 7.2
Item Cover Page
DATE:November 21, 2023
TIME:5 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 22, Series of 2023, Second 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 second reading.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Attachment A. Ordinance No. 22, Series of 2023 Second Reading.pdf
Ord #22 of 2023 Staff Memo 11-21-23 Second Reading.pdf
Attachment B. Staff Memo PEC23-0015, 0011 Rezone, LU Amend 8-28.pdf
Attachment C. PEC Results 8-28-23.pdf
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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 .
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2
11/15/2023
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 March 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
294
3
11/15/2023
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
295
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11/15/2023
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.
296
TO: Town Council
FROM: Community Development Department
DATE: November 21, 2023
SUBJECT: Second 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 second 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
297
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 pr operty 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 second reading, the Planning and Environmental Commission recommends the
Council pass the following motion:
“The Vail Town Council approves, on second 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
298
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
299
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.
300
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.
301
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.
302
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.
303
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.
304
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
305
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
306
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
307
(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
308
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
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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-
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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
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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.
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7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the subject
property was adopted and is no longer appropriate; 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
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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.
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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
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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:
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“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
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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).
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 318
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
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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
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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?
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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
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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
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 323
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).
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 324
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
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 325
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
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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.
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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.
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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
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 329
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).
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 330
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).
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Planning and Environmental Commission Meeting Minutes of August 28, 2023 331
AGENDA ITEM NO. 7.3
Item Cover Page
DATE:November 21, 2023
TIME:10 min.
SUBMITTED BY:Alex Jakubiec, Finance
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 24, Series of 2023, Second 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 upon second reading.
PRESENTER(S):Alex Jakubiec, Budget Analyst and STR Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2024 TM Budget 2nd Reading.pdf
2024 TM Budget 2nd Reading Presentation.pdf
TM 2024 Bud Reading Ord 24 2nd reading UPDATED (002).pdf
332
2024 PROPOSED BUDGET
1st Reading
November 7, 2023
333
TOWN OF VAIL PROPOSED
2024 BUDGET TABLE OF
CONTENTS
COVER MEMO 1
REVENUE
Major Revenue Analysis
EXPENDITURES
General Fund 17
Personnel
Ten-Year Summary of Budgeted Positions by Department 19
Employee Benefits Summary 21
Contributions
Contributions Summary 22
Contributions Notes 23
CAPITAL PLAN
Capital Projects Fund 24
Real Estate Transfer Tax Fund 32
Housing Fund 36
Unfunded 37
Project Narratives/Memos 38
.
OTHER FUNDS
Marketing Fund 52
Heavy Equipment Fund 53
Health Insurance Fund 53
Dispatch Services Fund 54
−
Timber Ridge Housing Fund 55
This table of contents is "Clickable". Click on headings below to be directed to the page.
Residences at Main Vail Fund
−56
15
−Ordinance No. 24, Series 2023 57
334
TO:
FROM:
DATE:
Vail Town Council
Finance Department
November 21, 2023
SUBJECT: Second Reading 2024 Town Manager’s Budget
I. SUMMARY
Second reading of Ordinance No. 24, Series 2023, a second reading of the proposed 2024
Town Manager’s Budget.
II. DISCUSSION
On November 7th, staff presented a first reading of the budget for Council’s review. Any changes
or additional information resulting from that meeting is included below:
Health Insurance Fund
The Health Insurance Fund reflects a decrease in expenditures of $717K and a $400K
decrease in employer contributions. As the budget process has progressed, staff has
received further information regarding anticipated benefits costs next year. Combined, a
net reduction in costs of $539K is reflected across the Town’s compensation budget.
Most significantly, the town’s health insurance plan is changing third party
administrators (TPA) from Cigna to UMR. Under Cigna, stop-loss insurance coverage
insurance was purchased in 24-month coverage increments. With the transition to a new
insurance provider, only a single 12-month coverage period will need to be purchased
during the first year only. This will result in one-time savings of approximately $595K in
health insurance premiums expenses. These changes resulted in a reduction of the
employer contribution allocation paid by the General Fund ($458K), Real Estate Transfer
Tax ($17K), Heavy Equipment ($42K), and Dispatch Services funds ($22K). Each fund
budget has been adjusted to reflect these savings.
Real Estate Transfer Tax Fund (RETT)
During the November 7th meeting, the Council directed staff to include a 20-year
payback of the $5,643,985 of funds transferred from the General Fund to the RETT fund
to support the Booth Heights parcel acquisition. The Council also expressed a desire to
accelerate this payback dependent on revenue results each year, budget priorities and
annual maintenance costs while also maintaining a minimum fund balance of $2.0M.
Staff has included the flat rate 20-year payback in the five-year plan at an annual $282K.
Annually, during the first supplemental of the year when prior year end results are
presented staff will present Council with an additional or increased payback option
based on those year end results.
1 335
Town of Vail
General Fund
Council directed staff to exclude the $1.0M contribution request from the Vail Valley
Foundation. The $1.0M was requested to go towards the renovation of the Gerald R
Ford Amphitheater. Council has asked that the contribution request be revisited in the
spring of 2024.
Residences at Main Vail Fund
Residents at the Residences at Main Vail are charged a pro rata share of water/sewer
and trash costs. Previously these were presented in the fund statement as a net total
within operating expenditures however governmental budget basis accounting requires
that both the revenue reimbursement and the expenditure be reflected and budgeted for
separately.
THE FOLLOWING INFORMATION IS REPEATED FROM THE NOVEMBER 7th COUNCIL
PACKET BUT REFLECTS UPDATES TO TOTALS AS A RESULT OF THE CHANGES ABOVE.
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
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.
2 336
Town of Vail
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.
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 and
ownership 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.
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
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Town of Vail
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.
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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.
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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
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Town of Vail
The town’s 2024 budget is funded by a projected $100.3 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 also a 3.2% 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 Forecast
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 2.8% from 2023 Amended; Up 9.5%
from 2022
Lift Tax GF $6.0M $ 6.5M $6.2M $6.7M Up 7.0% from 2023 Amended; Up 3.1%
from 2022
Construction
Use Tax CPF $3.7M $ 2.2M $ 2.0M $2.0M
Up 2.0% from 2022 Amended; Down
6.8% from 2022; no large projects were
assumed
REVENUE (All Funds) $100.3M
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Town of Vail
Across all funds, 2024 expenditures are proposed at $134.8 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 $69.3 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
51.4%
Capital
Improvements
46.8%
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) $134.8M
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.
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Town of Vail
PERSONNEL (All Funds) $44.8M
As a service industry, the majority of municipal services expenditures relate to staffing. For 2024,
this represents $44.8 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
$44.8, or 64.7% of
the operating
expenditures.
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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) $20.7M
Departmental spending (also labeled as “All Other Operating Expenses” in the chart above) is
proposed at $20.7M 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.
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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).
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Town of Vail
Total funding for the 2024 capital improvements programs is $63.1 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 $66.0 million at the end
of 2024.
CAPITAL EXPENDITURES $63.1M
RESERVES $66.0M
DEBT SERVICE EXPENDITURES $2.4M
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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 $513K 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 4.2% lower than the 2023 budget due to a single year
savings in stop-loss insurance coverage. 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 $4.1 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 $19K 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
$568K, $51.6K for capital reserves and $1.2M of debt service payments. The ending fund
balance for 2024 is projected at $58.7K.
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
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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.
14 348
REVENUE
349
Major Revenue Analysis
2023 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: Based on county assessor data
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; $200K for Destination Stewardship
State and Federal Capital Bus Grant 5,529,458
1535
0
Major Revenue Analysis
2023 Proposed Budget
Bollards Grant 250,000
Bus Infrstrcuture Grants 291,700
State FASTER Transit Grant 1,624,065
Black Gore Creek Grant 894,898
Four Seasons Housing Agreement 2,040,000
Real Estate Sales 1,547,000 1,054,110 1,251,730 429,000 Mainly workforce housing resales
Use of Traffic Impact Fee for Frontage Rd Project
Sale of Chamonix Housing Units 17,748,304
Project Reimbursement Red Sandstone 5,800,000
Total Significant One-Time Revenues 23,548,304 2,441,898 2,484,110 45,258,459 5,081,342 1,400,000 9,265,993 -
All Other Revenue 8,339,104 6,968,373 9,183,295 3,469,901 9,956,811 8,788,973 9,172,104 9,418,921 In general, this item includes project reimbursements, fire deployments, franchise fees, fines and forfeitures, employee portion of healthcare
13%-16%32% -62% 187% -12% 4% 3%premiums, license revenue, administration fees collected from VLMD and RETT and other charges
for service such as out of district fire response and Police contracted services. It may also include
use of Traffic Impact fees or Holy Cross Community Enhancement Funds
Total Revenue 103,276,083 80,221,274 74,237,562 139,821,158 102,824,066 89,715,682 111,846,062 100,341,701
% compared to Prior Year 54% -22% -7% 88% -26% -13% 25% -10%
3.2%vs. 2023 Amended (without One-Time Revenues)
3.2%vs. 2022 Actual (without One-Time Revenues)
19.6%vs. 2021 Actual (without One-Time Revenues)
41.2%vs. 2020 Actual (without One-Time Revenues)
1635
1
EXPENDITURES
352
Proposed
2020 2021 2022 2023 2024
Actual Actual Actual Forecast Budget 2025 2026 2027 2028
Revenue 2.0% 2.0% 3.0% 3.0%
Local Taxes: 24,973,418$ 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 255,002 510,632 326,415 321,150 518,199 592,199 604,043 616,124 628,446
Total Revenue 39,506,450 47,328,489 56,839,601 59,136,461 61,128,111 62,176,757 63,790,328 65,339,042 67,426,736
-9.5%19.8%4.0%3.4%1.6%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 8,940,570 9,342,896 9,763,326 10,251,492 10,764,067
Subtotal Compensation and Benefits 26,326,890 28,501,875 32,043,391 35,384,484 37,418,294 39,102,117 40,861,713 42,904,798 45,050,038
-1.2%8.3%12.4%2.8%5.7%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 12,503,275 12,878,373 13,393,508 13,929,249 14,486,418
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 55,714,018 57,942,963 60,389,067 63,144,409 66,028,629
-3.2%8.2%5.3%5.2%4.2%4.6%4.6%
Surplus (Deficit) from Operations 2,403,240 7,169,276 10,064,909 6,221,676 5,414,093 4,233,794 3,401,261 2,194,633 1,398,107
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
17
35
3
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) (25,388,410) (4,418,206) 18,696,221 1,185,332 (2,416,217)
Beginning Fund Balance 36,306,665 38,547,757 44,426,118 53,512,084 50,175,978 24,787,568 20,369,362 39,065,583 40,250,915
Ending Fund Balance 38,547,757$ 44,418,394$ 53,512,084$ 50,175,978$ 24,787,568$ 20,369,362$ 39,065,583$ 40,250,915$ 37,834,698$
As % of Annual Revenues 88%101%94%85%41%33%61%62%56%
1835
4
PERSONNEL
355
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
19
35
6
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
2035
7
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% 4,100,679 13.64%
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% 5,038,987 16.76%
Payroll Based
Pension Contribution 3,425,331 14.10% 3,924,345 13.76% 4,706,340 15.65%
Medicare 357,567 1.47%372,542 1.31%435,949 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%120,262 0.40%
Subtotal Payroll Based 4,039,790 16.63% 4,642,877 16.27% 5,538,550 18.42%
Total Full-Time Benefits 8,994,248 37.02% 10,036,181 35.18% 10,577,537 35.18%
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%298,231 15.39%
Payroll Based
Pension Contribution 24,285 1.68%21,620 1.21%29,064 1.50%
Medicare 21,664 1.50%20,899 1.17%28,095 1.45%
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%7,750 0.40%
Disability - 0.00%- 0.00%3,100 0.16%
Subtotal Payroll Based 62,128 4.16%76,850 4.32%97,009 5.01%
Total Part-Time and Seasonal Benefits 643,286 43.06%323,505 18.16%415,240 21.43%
Total Benefits - All Employees 9,637,534 38.29% 10,359,686 34.18% 10,992,777 34.35%
(1,430,103.93) -12.9%722,152.00 7.5%633,091.00 6.1%
Town of Vail
Employee Benefits
21 358
CONTRIBUTIONS
359
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
22
360
23
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.
361
24
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.
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25
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.
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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
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27
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
$1,000) for the 2023 - 2024 ski season to be used by program coordinators hauling gear to and
from the mountain for the winter skiing and snowboarding programs for underserved youth.
STAFF RECOMMENDATION: Staff recommends providing 25 parking vouchers for the 2023/24 ski
season to be used by program coordinators, consistent with 2023.
365
CAPITAL
366
Included in Project Narratives
New Project
Increase in Cost/Expanded Programs
Project Timing changed from prior 5-year plan
Moved to Unfunded
Change since Town Manager Draft
2024 2025 2026 2027 2028
Total Sales Tax Revenue: 40,850,000$ 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
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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
2936
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
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)
3036
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
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: $2.5M Transfer to Housing Fund
Transfer to Marketing Fund -----Transfer from Marketing Fund for Après Tent
Transfer from General Fund -11,000,000 ---2025: Transfer from General Fund towards Dobson
Transfer to General Fund --(5,000,000) (6,000,000) -2026-2027: Repayment of funds to General Fund for Dobson
Total Other Financing Sources and Uses (3,458,592) 22,088,822 (2,221,936) (3,167,659) 3,202,702
Revenue Over (Under) Expenditures (841,817) (21,269,615) 1,175,254 (933,024) 7,958,260
Beginning Fund Balance 24,579,772 23,737,955 2,468,340 3,643,594 2,710,570 2024 Beginning fund balance is based off of a 2023 forecast incorporating YTD revenue collections and project savings.
Ending Fund Balance 23,737,955 2,468,340 3,643,594 2,710,570 10,668,830
3137
0
Included in Project Narratives
New Project
Increase in Cost/Expanded Programs
Project Timing changed from prior 5-year plan
Moved to Unfunded
Change since First Reading
2024 2025 2026 2027 2028
Revenue
Real Estate Transfer Tax 7,000,000$ 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 56,829 47,710 29,827 24,986 2024-2028: 0.7% return assumed
Total Revenue 7,648,818 7,323,732 7,456,382 7,583,286 7,726,249
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 695,414 730,185 766,694 805,029 845,280 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 872,914 840,185 793,694 828,029 909,080
Parks
Annual Park and Landscape Maintenance 2,377,001 2,402,635 2,448,311 2,474,714 2,521,760 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
3237
1
Included in Project Narratives
New Project
Increase in Cost/Expanded Programs
Project Timing changed from prior 5-year plan
Moved to Unfunded
Change since First Reading
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 3,709,001 3,809,135 3,787,311 3,514,714 3,210,760
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 824,626 865,857 909,150 975,608 1,002,338
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)
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2
Included in Project Narratives
New Project
Increase in Cost/Expanded Programs
Project Timing changed from prior 5-year plan
Moved to Unfunded
Change since First Reading
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 2,139,643 1,855,175 2,089,608 2,049,133 2,120,950
Art
Public Art - Operating 188,525 197,951 207,849 218,241 229,153 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 328,525 387,951 397,849 408,241 419,153
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)
3437
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 First Reading
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 9,057,744 8,344,272 9,728,892 7,992,738 8,318,039
Other Financing Sources (Uses)
Transfer to General Fund (282,199) (282,199) (282,199) (282,199) (282,199)Payback of funds for Booth Heights acquisition costs over 20 years, 2024-2043 - $5.64M
Revenue Over (Under) Expenditures (1,691,125) (1,302,739) (2,554,709) (691,651) (873,989)
Beginning Fund Balance 9,809,609 8,118,484 6,815,745 4,261,036 3,569,384 2024 Beginning fund balance is based off of a 2023 forecast incorporating YTD revenue collections and project savings.
Ending Fund Balance 8,118,484$ 6,815,745$ 4,261,036$ 3,569,384$ 2,695,395$
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4
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
3637
5
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
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PROJECT NARRATIVES
377
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
38
378
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
39 379
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
40 380
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
41 381
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
42 382
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
43 383
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
44 384
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
45 385
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
46 386
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
47 387
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
48 388
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
49 389
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
50 390
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 $0
Annual Maintenance Cost No increase
51 391
OTHER FUNDS
392
Proposed
2022 2023 2023 2024
Actual Budget Amended Budget
Revenue
Business Licenses 362,978$ 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
52 393
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 1,440,075
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 5,111,847
Revenue Over (Under) Expenditures (628,003) (258,337) (1,210,246) (256,177)
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$ 512,853$
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$ 4,398,910$
Employee Contributions 763,995 963,081 963,081 911,864
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 5,915,774
Expenditures
Health Insurance Premiums 1,463,391 1,690,000 1,690,000 901,760
Claims Paid 3,314,816 4,597,739 4,597,739 5,093,407
Wellness Bonus 63,240 78,000 78,000 109,000
Professional Fees 52,043 118,820 118,820 110,000
Total Expenditures 4,893,490 6,484,559 6,484,559 6,214,167
Revenue Over (Under) Expenditures 656,658 (727,557) (727,557) (298,393)
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$ 4,077,412$
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
53 394
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 2,867,907
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 3,481,249
Revenue Over (Under) Expenditures 216,558 (78,837) (157,673) (18,646)
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$ 1,995,045$
TOWN OF VAIL PROPOSED 2024 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
54 395
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
55 396
2023 Proposed
2022 2023 Amended 2024
Actual Budget Budget Budget
Revenue
Rental Income - 725,802 560,080 1,721,300
Other Income - 48,000 29,000 124,230
Investment Earnings 149,681 - 155,967 500
Total Revenue 149,681 773,802 745,047 1,846,030
Expenses
Operating, Maintenance & Contracts - 362,305 325,494 567,994
Capital Outlay / Capital Reserve 13,096,898 - 14,607,038 51,639
Total Expenditures 13,096,898 362,305 14,932,532 619,633
Revenue Over Expenses (12,947,217) 411,497 (14,187,485) 1,226,397
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) 4,609
Net Position- Beginning 22,539,575 - 9,709,514 54,085
Net Position- Ending 9,709,514$ 21,109$ 54,085$ 58,694$
TOWN OF VAIL 2024 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
56 397
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 $86,952,673
Capital Projects Fund 21,049,192
Real Estate Transfer Tax Fund 9,339,944
Housing Fund 11,500,000
Vail Marketing Fund 3,177,658
Heavy Equipment Fund 5,111,847
Dispatch Services Fund 3,481,250
Health Insurance Fund 6,214,167
Residences at Main Vail Fund 1,841,421
Timber Ridge Enterprise Fund 39,232,600
Total 187,900,751
Less Interfund Transfers (53,087,040)
Net Expenditure Budget 134,813,711
57 398
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
57 399
2024 TOWN MANAGER BUDGET
FINANCE | November 21, 2023
400
2
2024 PROPOSED BUDGET | Summary
Town of Vail | Finance | 11/21/2023
2024 Budget Summary
Total Revenues: $100.3M
•Up 3.2% from 2023
•Conservative projections, reflecting a normalization of visitation
•Sales tax Collections total $40.0M; up 1.9% from the amended 2023 budget
Total Expenditures: $134.8M
•$63.1M in capital spending; including $38.6M for Timber Ridge
•$69.3M Municipal Services (including events/contributions)
•$2.4M Debt Service
401
3
BUDGET | Overview of Changes
Town of Vail | Finance | 11/21/2023
Since the November 7th meeting, changes to 2024 budget include:
Expenditures
•Health Insurance Fund:
•The Health Insurance Fund reflects a decrease in expenditures of
$717K offset by a corresponding decrease of $400K in employer
contributions.
•Refined expenditures with transition to new insurance
provider
•One-year savings reflected due to single 12-month stop loss
coverage instead of 24-month coverage
•Residences at Main Vail Fund:
•Reflects reimbursement of utilities billed back to residents
separate from utility expenditures previously combined. This is in
accordance with governmental budget basis accounting
requirements.
402
4
BUDGET | Overview of Changes
Town of Vail | Finance | 11/21/2023
Since the November 7th meeting, changes to 2024 budget include:
Expenditures
•Real Estate Transfer Tax Fund:
•The 20-year payback of the $5.6M transferred from the General
Fund to support the acquisition of the Booth Heights Parcel has
been reflected.
•Council also expressed a desire to accelerate this payback
dependent on revenue results each year, budget priorities
and annual maintenance costs while also maintaining a
minimum fund balance of $2.0M. Annually, during the first
supplemental of the year when prior year end results are
presented, staff will present Council with an additional or
increased payback option.
403
2024 PROPOSED BUDGET | Revenue
Town of Vail | Finance | 11/21/2023
The Following Slides are Repeated from the First Reading
404
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%
6
2024 PROPOSED BUDGET | Overview
Town of Vail | Finance | 11/21/2023
Total Revenues –All Funds: $100.3 million
Up 3.2% from 2023 and up 3.3% from 2022 Actuals
405
7
2024 PROPOSED BUDGET | Overview
Town of Vail | Finance | 11/21/2023
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
406
2024 PROPOSED BUDGET | Expenditures
Town of Vail | Finance | 11/21/2023 407
9
BUDGET | Overview of Changes
Town of Vail | Finance | 11/21/2023
Total Expenditures –All Funds: $134.8M
Expenditures Cost
% from 2023
Amended
Capital Spending $24.5M -77.3%
Timber Ridge
Redevelopment
$38.6M NA
Debt Service $2.4M Flat
Municipal Services $69.3M 1.2%
Total $134.8M -24.7%
Municipal
Services
51.7%
Capital
Improvements
46.6%
Debt
Service
1.8%
408
10
BUDGET | Fund Statements
Town of Vail | Finance | 11/21/2023
General Operating and Capital Funds
General Fund Marketing
Fund
Capital
Projects
Fund
RETT
Fund Housing
Fund
Revenue $ 61.1M $3.0M $20.2M $7.6M $7.5M
Expense (87.0)M*($3.2)M (19.9)M (9.1)M ($11.5)M*
Debt Payment (1.2)M
Increase/(Decrease)
to fund balance
(25.4)M (232.4)K (841.8)K (1.7)M (4.1)M
Ending Fund
Balance
$ 24.8M $115.0K $23.8M $8.1M $1.4M
Min. Reserve 35%
of Annual Revenues 41%
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
409
11
BUDGET | Fund Statements
Town of Vail | Finance | 11/21/2023
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*(619.6)K
Debt Payment (463.0)K**(1.2)M
Increase/(Decrease) to
fund balance
(18.6K)(1.7)M 4.6K
Ending Fund Balance $1.95M $1.2M $58.7K
*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
410
12
BUDGET | Fund Statements
Town of Vail | Finance | 11/21/2023
Internal Services Funds TOTAL
Heavy
Equip.
Fund
Health
Insurance
Fund
Total
(All
Funds)**
Revenue $4.9M $5.9M $100.3M
Expenditure (5.1)M (6.2)M (132.4)M
Debt Payment (2.4)M
Increase/(Decrease)
to fund balance (256.2)K (298.4)K (34.5)M
Ending Fund Balance $512.9K $4.1M $66.0M
**Includes Eliminations
of Interfund Transfers
411
2024 PROPOSED BUDGET | Expenditures: Personnel
Town of Vail | Finance | 11/21/2023 412
14
2024 PROPOSED BUDGET | Personnel
Town of Vail | Finance | 11/21/2023
Personnel Expenditures: $44.8M
Compensation Total $34.0M
General Fund $28.5M
Real Estate Transfer Tax Fund $2.4M
Dispatch Services $2.1M
Heavy Equipment Fund $1.0M
Benefits Total $10.8M
General Fund $8.9M
Real Estate Transfer Tax Fund $735K
Dispatch Services $718K
Heavy Equipment Fund $373K
•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)
413
15
2024 PROPOSED BUDGET | Personnel Changes
Town of Vail | Finance | 11/21/2023
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
414
TM BUDGET DRAFT | Expenditures: Contributions & Events
Town of Vail | Finance | 11/21/2023 415
17
2024 PROPOSED BUDGET | Contributions & Events
Town of Vail | Finance | 11/21/2023
•The $1.0M Vail Valley
Foundation request will be
reevaluated in Spring of
2024
CONTRIBUTIONS AND EVENTS ($3.9M)
Childcare
$250K CSE Survey
$54K
Services
(Council
Contributions)
$487K
Events $3.1M
416
TM BUDGET DRAFT | Expenditures: Capital Plan
Town of Vail | Finance | 11/21/2023 417
2024 PROPOSED BUDGET | Capital Plan
Town of Vail | Finance | 11/21/2023
Capital Expenditures: $63.1M
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
418
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
2024 PROPOSED BUDGET| Reserves
Town of Vail | Finance | 11/21/2023
Reserves projected to decrease by
$55.6M or 38.5% during 2023
Available Reserves at the end of
2024: $66.0M
419
2024 PROPOSED BUDGET| Recap
Town of Vail | Finance | 11/21/2023
Are there changes to be made prior to adopting the
2024 budget ordinance?
420
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 $86,954,673
Capital Projects Fund 21,049,192
Real Estate Transfer Tax Fund 9,339,944
Housing Fund 11,500,000
Vail Marketing Fund 3,177,658
Heavy Equipment Fund 5,111,847
Dispatch Services Fund 3,481,250
Health Insurance Fund 6,214,167
Residences at Main Vail Fund 1,841,421
Timber Ridge Enterprise Fund 39,232,600
Total 187,902,751
Less Interfund Transfers (53,087,040)
Net Expenditure Budget 134,815,711
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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
422
Ordinance No. 24, Series of 2023
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 21st day of November, 2023.
Kim Langmaid, Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
423
AGENDA ITEM NO. 7.4
Item Cover Page
DATE:November 21, 2023
TIME:5 min.
SUBMITTED BY:Steph Johnson, Environmental Sustainability
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 25, Series of 2023, Second 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 second
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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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