HomeMy WebLinkAbout2023-12-05 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. 14, Series of 2023, A Proclamation
Declaring December 8, 2023 as "WhoVail Day"
10 min.
Read proclamation into record.
Presenter(s): Jonathan Reap, Director of Marketing Four
Seasons Resort and Residences Vail, Jerome Arribas,
General Manager Four Seasons Resort and Residences Vail
and The Grinch
Background: This holiday season will celebrate the 9th
Anniversary of the tradition to the twist of the story "How the
Grinch Stole Christmas."
4.Appointments for Boards and Commissions
4.1 Planning and Environmental Commission (PEC)
Appointment
5 min.
Motion to appoint one member to a service on the PEC for a
partial term ending March 31, 2025.
Presenter(s): Mayor
5.Consent Agenda (5 min.)
5.1 Resolution No. 48, Series of 2023, A Resolution
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers or virtually by Zoom
https://vail.zoom.us/webinar/register/WN_gKVEocFeQ1Cy7tvrCh3vYg
6:00 PM, December 5, 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
Proclamation No. 14 - Series of 2023 WhoVailDay.docx
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Designating Bank Accounts for the Town of Vail with
Russell Forrest, Kathleen Halloran, Carlie Smith and Alex
Jakubiec as the Designated Signers on those Accounts,
Permitted by the Charter of the Town, its Ordinances, and
the Statutes of the State of Colorado; and Setting Forth
Details in Regard Thereto
Approve, approve with amendments, or deny Resolution No.
48, Series of 2023.
Background: The Town has the power to designate banks or
financial institutions for funds of the Town and the Town
wishes to designate bank accounts with First Bank of Vail and
Alpine Bank with Russell Forrest, Kathleen Halloran, Carlie
Smith, and Alex Jakubiec as signers on these accounts.
Staff Recommendation: Approve, approve with amendments,
or deny Resolution No. 48, Series of 2023.
6.Town Manager Report (10 min.)
6.1 Town Manager Report
6.2 Council Matters and Status Update
7.Action Items
7.1 Ordinance No. 28, Series of 2023, First Reading, An
Ordinance Making Budget Adjustments to the Town of
Vail General Fund, Capital Projects Fund, Real Estate
Transfer Fund, Housing Fund, Vail Marketing Fund, Heavy
Equipment Fund, and Timber Ridge Fund of the 2023
Budget for the Town of Vail, Colorado; and Authorizing
the Said Adjustments as Set Forth Herein; and Setting
Forth Details in Regard Thereto
20 min.
Approve, approve with amendments, or deny Ordinance No.
28, Series of 2023 upon first reading.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Staff Recommendation: Approve, approve with amendments,
or deny Ordinance No. 28, Series of 2023 upon first reading.
8.Public Hearings
8.1 Ordinance No. 26, Series of 2023, Second Reading, An
Ordinance Rezoning Lot G, Vail Village Filing No. 2 from
Public Accommodation (PA) to Commercial Core 1 (CC1)
30 min.
The Planning and Environmental Commission recommends
approval of Ordinance No. 27, Series of 2023, upon second
reading, rezoning 17 Vail Road, Vail Village Filing No. 2, Lot G,
aka B.S. Condominiums, from the Public Accommodation (PA)
Resolution 48, Series 2023 Bank Signer Update.pdf
Priority Vail Town Council Goals for 2023.pdf
231205 Matters.pdf
231205 4th Supplemental Budget.pdf
Ord #28- 4th Supp 2023 1st Reading.pdf
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District to the Commercial Core 1 (CC1) District.
Presenter(s): 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.
8.2 Ordinance No. 27, Series of 2023, Second 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.
5 min.
Staff requests Ordinance 27, Series of 2023, be tabled until
the January 2nd Council meeting. On November 20th,
Colorado legislature passed SB238B-001, impacting 2023
assessed valuations and shifting the mill levy certification
timeline.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
9.Adjournment 7:35 pm (estimate)
TC Ord No. 26 Series of 2023 Staff Memo (second reading).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
Ord 26 2nd Reading Rezone First Bank(1).pdf
First Bank & Residences @ Vail - CC1 Zoning-Parking Study
Ordinance 26 - Public Input.pdf
24 Mill Levy 1st.pdf
Ord 27 -24 Mill Levy 1st.pdf
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:December 5, 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
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:December 5, 2023
TIME:10 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamation
SUBJECT:Proclamation No. 14, Series of 2023, A Proclamation Declaring
December 8, 2023 as "WhoVail Day"
SUGGESTED ACTION:Read proclamation into record.
PRESENTER(S):Jonathan Reap, Director of Marketing Four Seasons Resort and
Residences Vail, Jerome Arribas, General Manager Four Seasons
Resort and Residences Vail and The Grinch
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Proclamation No. 14 - Series of 2023 WhoVailDay.docx
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Proclamation No. 14, Series of 2023
A Proclamation Declaring December 8, 2023, as “WhoVail Day”!
WHEREAS,this holiday season, we will celebrate the 9th anniversary of our tradition to
the twist of the story, “How the Grinch Stole Christmas,” in that this season is not
Whoville, it’s WhoVail!
WHEREAS, Four Seasons Resort and Residences Vail will unveil a Dr. Seuss’
Whoville-inspired gingerbread house façade, as part of its holiday offerings for children
and their families. The giant gingerbread house façade is a result of the combined
efforts from their staff;
WHEREAS, the gingerbread house façade was created and built by the talented
carpenters and the Engineering team of Four Seasons Vail;
WHEREAS, the gingerbread house façade will be made by the Resort’s Pastry chef,
McKenzie Champion, and decorated by the pastry team of Four Seasons Resort Vail
with a special guest appearance from The Grinch;
WHEREAS,the giant gingerbread house façade will be unveiled on Friday, December
8th, 2023 at 3pm, at Four Seasons Resort and Residences Vail located at One Vail
Road, symbolizing the beginning of the holiday season and providing an opportunity for
all the community to come and enjoy;
NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and the Town Council of the
Town of Vail, Colorado, that Friday, December 8, will be recognized as “WHOVAIL Day”
to be celebrated by all who in live and visit our community, Vail, Colorado.
Dated this 5th day of December 2023.
Vail Town Council Attest:
__________________________
Mayor Town Clerk
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:December 5, 2023
TIME:5 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:New Business
AGENDA SECTION:Appointments for Boards and Commissions
SUBJECT:Planning and Environmental Commission (PEC) Appointment
SUGGESTED ACTION:Motion to appoint one member to a service on the PEC for a partial
term ending March 31, 2025.
PRESENTER(S):Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:December 5, 2023
SUBMITTED BY:Carlie Smith, Finance
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 48, Series of 2023, A Resolution Designating
Bank Accounts for the Town of Vail with Russell Forrest,
Kathleen Halloran, Carlie Smith and Alex Jakubiec as the
Designated Signers on those Accounts, Permitted by the Charter
of the Town, its Ordinances, and the Statutes of the State of
Colorado; and Setting Forth Details in Regard Thereto
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 48,
Series of 2023.
STAFF RECOMMENDATION:Approve, approve with amendments, or deny Resolution No. 48,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution 48, Series 2023 Bank Signer Update.pdf
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Resolution No. 48, Series 2023
RESOLUTION NO. 48
Series of 2023
A RESOLUTION DESIGNATING BANK ACCOUNTS FOR THE TOWN OF VAIL WITH
RUSSELL FORREST, KATHLEEN HALLORAN, CARLIE SMITH, AND ALEX
JAKUBIEC AS THE DESIGNATED SIGNERS ON THOSE ACCOUNTS, PERMITTED
BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF
THE STATE OF COLORADO; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, The Town has the power to designate banks or financial institutions
for funds of the Town; and
WHEREAS, the Town wishes to designate bank accounts with First Bank of Vail
and Alpine Bank with Russell Forrest, Kathleen Halloran, and Carlie Smith as signers on
these accounts.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. Russell Forrest, Kathleen Halloran, Carlie Smith, and Alex
Jakubiec are hereby designated as signers for the banking accounts for
the funds of the Town of Vail.
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of December,
2023.
__________________________________
, Mayor, Town of Vail
ATTEST:
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:December 5, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Town Manager Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Priority Vail Town Council Goals for 2023.pdf
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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 prior itized 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.
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
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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
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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
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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
EN
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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 6th
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 4th 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
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2. Dobson and
Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson; by November 2024 determine location for
Town Hall services. Dobson: Architect/design firm and owner’s rep presented conceptual designs for Dobson Ice Arena
renovations during a Joint meeting with VRD and Town Council on July 18. Conceptual designs were adjusted based on
feedback. Town Council presentation on August 1st responding to seating capacity questions and asking to continue
moving forward with the recommended design and funding plan. August 15th contract for schematic design awarded to
Populous team and moving forward with the $55M option.
Civic Area – Contract awarded to 4240/Design Workshop/EPS to conduct spatial, floor planning, and economic analysis
on Civic Hub site, Municipal Complex, and Public Works Site.
Matt Gennett, Community
Development Director
Greg Hall, Public Works
Director
4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing: Ordinance No. 17 approved on
09/19/23 which allows development on steep slopes in H district. First reading of Ordinance Nos. 24 & 25 on 11/07/23
to make certain strategic amendments to the H district and allow higher retaining wall heights for housing development
in the proposed H and H2 zone districts.
Matt Gennett, Community
Development Director
Special Events
Funding Model
Alternatives
Initiative
As part of the reimagining and restructure of the economic development department as a destination marketing
organization (DMO), a new structure for special events funding will be explored. 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 and funding models options are being considered.
Mia Vlaar, Economic
Development Director
Vail’s
Stewardship
Roadmap
Adoption of plan by resolution by Vail Town Council occurred June 20th and initial implemnetation of ten year plan was
built into 2024 departmental budgets. Ongoing monitoring to implementation goals and timeline will continue in 2024
and online dashboard will be created to provide transparency into progress against goals.
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. Funding alternatives will also be considered with the goal of reducing reliance on the general fund for tourism
promotion and related functions.
Mia Vlaar, Economic
Development Director
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3. Excellent
Customer
Service
By November 1, 2023, achieve the following:
• Create a clear definitions of excellent customer service to our residents and guests and a means of measuring to
what degree we are providing excellent customer service.
• Identify and implement a metric for objectively measuring organizational effectiveness and health so that a
baseline is developed which can be improved on in future years.
Presentation to Town Council November 7 of a high-level summary for implementation of Excellent Customer Service
Plan. November 7 also includes a presentation by RRC & Associates with the summary results of post-visit guest
surveys from Winter ‘22/’23 and Summer ‘23.
Kathleen Halloran, Deputy
Town Manager
Go Vail 2045 –
Vail Mobility &
Transportation
Master Plan
July 2022 – May 2024.
Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process of drafting
initial recommendations which will be presented to the public and Council this summer for initial comment and
feedback. Presentations made to Town Council August 1, August 15; Next round of presentations coming in November.
Tom Kassmel, Town Engineer
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
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E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began. Council was updated on May 16th on the success of the program and lessons
learned. Town Council passed an ordinance in October for an expansion of the program to include large couriers such
as FedEx/UPS. The town is currently fighting a request for a Temporary Restraining Order by these two carriers. 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 the reactivation of
PrimaVail guest service training and PrimaService employee support and recognition for the winter season.
Mia Vlaar, Economic
Development Director
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AGENDA ITEM NO. 6.2
Item Cover Page
DATE:December 5, 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:
231205 Matters.pdf
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COUNCIL MATTERS
Status Report
Report for December 5, 2023
• Council asked staff to place a wildlife camera at the beaver dam that has been
constructed near the Vorlaufer and Gravity Haus. Staff is looking into the
feasibility of a camera in the area.
• Council thanked George Ruther for his years of service and creativity and
innovation in the creation of housing for the town.
• Council requested that for the next winter season the Parking Task Force and
staff consider waiving early season parking fees.
Social Media Listening
Overall link:
https://share.sproutsocial.com/view/4eb75c3f-f9d2-47af-b75c-3ff9d2c7afac
It should be noted we received a great deal of positive comments regarding Kevin Foley’s service as a
council member:
https://www.facebook.com/TownofVail/posts/pfbid02ZCRkVFvpeevWwELWVQSJuivTQybUJVAdND1iGd
32nsBGHnFVQh4TcWjUxtQrsd1Vl
https://www.instagram.com/p/C0KiUUag_dk/
In the News
Nov. 18
Susan Boyd
https://www.vaildaily.com/news/susan-boyd-who-led-vail-library-into-digital-age-remembered-
as-a-devoted-mother-and-an-untamed-spirit/
Nov. 19
Housing
https://www.businessinsider.com/vail-colorado-affordable-worker-housing-ski-towns-2023-11
Nov. 20
30
Ruther Resignation
https://www.vaildaily.com/news/george-ruther-to-step-down-as-vails-housing-director-after-
nearly-30-years-with-the-town/
https://www.realvail.com/ruther -stepping-down-as-vail-housing-director-leaving-legacy-of-
innovation/a17747/
Nov. 21
Loading & Delivery
https://www.vaildaily.com/news/lawsuit-over-vails-delivery-vehicle-ban-awaits-court-decision-to-
move-forward/
Lodging Trends
https://www.vaildaily.com/news/vail-lodging-business-starting-to-normalize-after-a-couple-of-
remarkable-years/
Nov. 22
Booth Heights
https://www.vaildaily.com/news/vail-lodging-business-starting-to-normalize-after-a-couple-of-
remarkable-years/
Kringle Crossing
https://www.realvail.com/kringle-crossing-holiday-village-brings-holiday-cheer-to-vails-
international-bridge/a17792/
Council Highlights
https://www.realvail.com/nov -21-vail-town-council-meeting-highlights/a17796/
Nov. 23
Kringle Crossing
https://www.vaildaily.com/news/vail-transforms-the-international-bridge-into-a-mini-holiday-
village/
Nov. 25
Kevin Foley Service
https://www.vaildaily.com/news/kevin-foley-exits-vail-town-council-after-22-years-of-service/
Nov. 27
Kringle Crossing
https://www.9news.com/video/life/holidays/holiday-guide/vail-transforms-iconic-bridge-for-the-
holiday-season/73-9b4be38c-ed64-4a5d-8d3d-5c84d5887962
One Book One Valley
https://www.realvail.com/one-book-one-valley-back-for-13th-year/a17818/
Nov. 28
31
Fish Cam
https://www.vaildaily.com/news/vails-fish-cam-is-back/
Construction Update
https://www.vaildaily.com/news/whats-being-built-between-vail-pass-and-gypsum-heres-the-
latest-on-16-projects/
Nov. 30
Speed Bumps in Structures
https://www.vaildaily.com/news/whats-the-right-amount-of-speed-bumps-in-vails-parking-
structures/
Upcoming Council Events
o December 17 Vail Village Tree Lighting, 5pm
32
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:December 5, 2023
TIME:20 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 28, Series of 2023, First Reading, An Ordinance
Making Budget Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Fund, Housing Fund,
Vail Marketing Fund, Heavy Equipment Fund, and Timber Ridge
Fund of the 2023 Budget for the Town of Vail, Colorado; and
Authorizing the Said Adjustments as Set Forth Herein; and
Setting Forth Details in Regard Thereto
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 28,
Series of 2023 upon first reading.
PRESENTER(S):Carlie Smith, Finance Director
STAFF RECOMMENDATION:Approve, approve with amendments, or deny Ordinance No. 28,
Series of 2023 upon first reading.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
231205 4th Supplemental Budget.pdf
Ord #28- 4th Supp 2023 1st Reading.pdf
33
TO: Vail Town Council
FROM: Finance Department
DATE: December 5th, 2023
SUBJECT: Fourth Supplemental Appropriation of 2023; 1st Reading of Ordinance No. 28,
Series of 2023
I.SUMMARY
During Tuesday evening’s session, you will be asked to approve the first reading of Ordinance
No. 28 making supplemental appropriations and adjustments to the 2023 budget.
II.DISCUSSION
General Fund
Updated Revenue Projections
The 2023 budget included a conservative revenue approach due to uncertainty within the
economy and an expectation that there would be a normalization in visitation. Based on year to
date collections, revenue forecasts have been updated and are reflected within this
supplemental. Revenue adjustments include the following:
•An additional $348,000 for county sales tax collections. Year-to-date collections
(January through September) total $1.2M compared to an annual budget of $1.1M.
Revenues are tracking 30% ahead of budget and flat with prior year collections of
$1.5M. Staff is proposing to increase budgeted revenues for county sales tax collections
to $1,538,000.
•A $1,000,000 increase in interest income. During the past year interest rates have
continued to rise. Across all the town’s funds, year-to-date interest earnings total $3.2M
compared to a budget of $519K. Interest revenues across all funds are being proposed
to increase by $2.8M and are included below within each corresponding fund. The Town
is earning an average yield of 4% on its investments.
•Annual county road and bridge revenue is forecasted at $782,523 compared to a budget
of $753,826. Budgeted revenues reflect an increase of $28,697.
•Staff has reflected $110,000 in short-term rental fine collections. Due to various
noncompliance issues staff has issued 64 fines during 2023.
In addition to the revenue increase adjustments listed above staff has included a reduction in
revenue related to parking pass revenues. In order to provide a better customer service
experience for locals while staff researches improvements to the parking pass sales software,
34
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staff waived the annual fee for Vail and Eagle County local passes for the 2023/2024 winter
season for prior winter season pass holders. This has a projected $108,000 impact on 2023
parking revenues.
In total, budget revenues in the General Fund are proposed to increase by $1,793,701. Aside
from the revenue adjustments listed above, this total includes three reimbursements that will be
directly offset by corresponding expenditures:
• A total of $460,542 in state reimbursements for deployments to eight separate wildfires,
with $381,919 of that covering the town’s personnel and travel costs and $78,618 for use
of town vehicles and equipment during wildfire deployments.
• An increase of $41,367 in budget reimbursements for Vail police contracted staff
overtime, which includes events such as the Mountain Games and Oktoberfest. This will
be offset by an increase in police staffing overtime expenditures.
• $7,295 use of Friends of the Library funds which will be used for the library’s 40th
anniversary Give magazine article ($1,595), increased costs for the Champagne
celebration catering ($2,500), annual fall appeal mailings ($2,500), and participation in
Dolly Parton’s early literacy program ($700).
General Fund expenditures are proposed to increase by $1,671,368 of which $509,474 will be
reimbursed listed above. The remaining $1,161,894, includes:
• A total increase of $99,000 in bank and credit card processing fees related to the winter
season (January- April) parking pass and daily parking sales.
• A $2,000 contribution to the Castel Lodge to go towards their annual Toy Store. This
contribution request was approved by the Council on 11/21.
• $896,000 increase for the town’s legal and attorney fees for ongoing litigations and
special projects.
• $26,306 to master lease six Timber Ridge units and furniture for Town of Vail employees
for the months of November and December. This will be partially offset by employee rent
reimbursements based on the need for units. Budget adjustments for master lease
payments for the months of January through April will be included in the 1st supplemental
of 2024.
• $14,588 for 2022 annual fire department physicals billed late in 2023.
Staff is also requesting to transfer $80,000 in Community Development salary savings to be
used for contract planning services due to staffing vacancies. This will have no net impact to the
total budget.
Lastly, staff is requesting to transfer an additional $125,000 of funds from the General Fund to
the Real Estate transfer tax fund for the Booth Heights parcel. The final rule and order included
$125,000 of pre and post-judgment interest (101 days). After the rule and order was received,
payment was made promptly to avoid any additional interest expense.
The above adjustments to the General Fund 2023 budget result in a projected fund balance of
$48.5 million by the end of 2023, or 82% of annual revenues. Over the next several years the
General Fund fund balance is projected to decrease to as low as $20.4M to cash flow several
large capital projects including the redevelopment of Tiber Ridge and Dobson ice arena.
35
-3 -
Capital Projects Fund
Budgeted revenues will be adjusted by a total of $1,200,000. This includes $1,000,000 in
interest earnings and a $200,000 increase in use tax collections based on YTD collections
(through November 30th) of $2.1M compared to a budget of $2.0M.
Capital Projects Fund expenditures are proposed to increase by a total of $30,000 for IT related
projects including $15,000 for network upgrades that increased due to labor costs, $10,000 for
website support for several projects including the real-time parking availability counter, and
$5,000 for server processor maintenance due to price escalations. Staff anticipates that there
will be savings in other IT capital projects that will offset these increases.
Staff is also requesting to transfer $82,000 of savings from the Public Works Shops budget to
Energy Enhancements project budget for four electric vehicle chargers and additional electrical
infrastructure upgrades at the Public Works Shops which will allow for up to eight future
chargers to be installed. The original Public Works budget included funds for four chargers only.
All the above adjustments will result in an estimated fund balance of $22.2 million by the end of
2023.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $1,359,434. The majority of the
adjustment is related to interest earnings of $585,000 in addition to a $600,000 increase in real
estate transfer tax collections (RETT), increasing the annual budget from $7.0M to $7.6M.
Although real estate sales have seen a slowdown compared to the past two years, year-to-date
RETT collections of $7.5M have remained steady. To correspond with the increase in revenue,
an additional $30,000 of real estate transfer tax collection fees will be paid to the General Fund.
The remaining $204,434 of revenue adjustments will be directly offset by corresponding
expenditures. This includes a grant from the International Association of Fire Chiefs for a short-
term rental wildfire preparedness pilot program that took place this summer along with $7,500 in
Art in Public Places (AIPP) donations used for the summer AIPP residency program. Revenue
adjustments also include utilizing an additional $29,895 of bag fee collections to support the
town’s Hard to Recycle event ($20,895) and to purchase a new recycling center catwalk
($9,000). The total cost of the catwalk is $16,500, and savings of $7,500 from the recycling haul
budget will be utilized to purchase the catwalk. Lastly, staff has also included the $124,000
transfer from the General Fund to cover the pre-and post-judgment interest costs related to the
purchase of Booth Heights.
RETT fund expenditures are proposed to increase by $324,934 of which $204,434 will be
reimbursed as listed above. The remaining $120,500 includes:
•An additional $96,500 for Ford Park masterplan consulting services. $42,009 was initially
reflected as 2022 savings within this project; however, it is now being requested to be re-
appropriated. An additional $52,991 is being requested to cover the expanded scope of
the project, the extended timeline, soil samples, and surveys.
•$24,000 for a second month of contract service for fundraising efforts for Booth Heights.
The total cost of this contract was $48,000.
All the above adjustments will result in an estimated fund balance of $8.4 million by the end of
2023.
36
-4 -
Housing Fund
Budgeted revenues will be adjusted by an increase of $1,017,104. The majority of that
($1,000,000) is related to the Altus property settlement from employee housing unit violations.
The remaining $17,104 reflects year to date employee housing fees in lieu collections which will
be directly offset by an increase in expenditures allocated for buy-down funds.
Housing Fund expenditures are proposed to increase by $217,104 of which $17,104 is related
to the increase in buydown funds mentioned above. The remaining $200,000 is a transfer from
the Housing Fund to the Residences at Main Vail Fund to cover the gap in rental income to
cover start-up operating expenses. Additional information on this request is included under the
Residences at Main listed below.
The above adjustments will result in an estimated fund balance of $5.4 million by the end of
2023.
Marketing Fund
The Marketing fund reflects a $25,000 decrease in the revenue reimbursement from Vail
Resorts for Vail Holidays and Revely Vail events. Based on Vail Resort’s contribution staff
adjusted the scope of this event.
During the 1st supplemental of 2023, staff reflected a reduction of $12,022 within the Ambient
Events category to be instead transferred to the Capital Projects Fund to purchase an event
tent. A reduction in Marketing Fund expenditures was included; however the transfer of funds
was not. This supplemental reflects the transfer correction.
Heavy Equipment Fund
Budgeted revenues will be adjusted by a total of $39,000 of interest revenue based on year to
date actuals.
Heavy Equipment expenditures are proposed to increase by a total of $19,081. This includes
$39,000 of interest earnings and $80,081 in insurance reimbursements received for three
vehicle accidents.
Budgeted expenditures are requested to increase by $227,702. This includes:
•$71,108 is requested to cover cost increases for three Public Works and Facilities
replacement vehicles. Over the past several years vehicle replacements have been
significantly delayed due to availability. Vehicle replacement funds have been continually
re-appropriated to hold funds until vehicles are in stock. Costs have increased
substantially over that time period.
•$29,303 used to rent a backup generator this summer for the Transit Center while the
main Transit Center generator was being repaired.
•$62,555 for the replacement of A public Works vehicle that caught fire in 2022. The town
may receive an insurance reimbursement for this vehicle later in the year.
•$36,500 is requested to be moved forward from the 2024 to the 2023 budget to contract
early of a Public Works F250 replacement vehicle in order to receive the vehicle as soon
as possible. Staff will reflect a decrease in the 2024 budget during the first supplemental.
In addition to the $26,500 staff is requesting an additional $23,436 for this vehicle due to
cost increases.
37
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Health Insurance Fund
Budgeted revenues will be adjusted by a total of $100,000 of interest revenue based on year to
date earnings.
Dispatch Services Fund
Budgeted revenues will be adjusted by a total of $50,000 of interest revenue based on year to
date earnings.
Residences at Main Vail Fund
Budgeted revenues reflect a decrease in rental revenue of $131,149. Tenant move in dates
were staggered over a four week period, which was not originally included in rental projections.
To offset the decrease in rental revenue, staff has requested to transfer $150,000 from the
Housing Fund to pay for 2023 operating and debt service costs.
Timber Ridge Fund
Budgeted revenues reflect a decrease in rental revenue of $51,000 due to vacancies for those
tenants who moved to Residences at Main Vail.
Budgeted expenditures are requested to increase by $129,400. As a result of the increased
vacancies for tenants that moved to Residences at Main Vail, there were also some additional
unexpected expenditures totaling $56,300 for increased cleaning fees, unit painting, flooring
replacements, new appliances and trash hauling. The remaining $73,300 is requested for the
following:
•$33,300 related to a significant laundry room water leak. This includes leak mitigation
and repairs to the laundry rooms.
•$7,000 for additional tree trimming needed to not increase damage to the buildings.
38
Proposed
2023 1st 2023 2nd 2023 3rd 2023 4th 2023
Budget Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Local Taxes:34,000,000$ 34,000,000$ 6,085,000$ 40,085,000$ 40,085,000$ 40,085,000$
Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 62/38 62/38 62/38 62/38
Sales Tax 21,080,000 21,080,000 3,772,700 24,852,700 24,852,700 24,852,700
Property and Ownership 6,070,789 6,070,789 6,070,789 6,070,789 6,070,789
Ski Lift Tax 5,895,506 5,895,506 339,044 6,234,550 6,234,550 6,234,550
Franchise Fees, Penalties, and Other Taxes 1,751,381 1,751,381 1,751,381 1,751,381 1,751,381
Licenses & Permits 2,728,134 2,728,134 300,000 3,028,134 3,028,134 3,028,134
Intergovernmental Revenue 2,856,946 130,500 2,987,446 164,914 3,152,360 3,152,360 837,239 3,989,599 Increase county sales tax ($348K) & road/bridge ($28.7K) based on YTD
collections; Reimbursements for wildland deployments ($461K)
Transportation Centers 7,769,724 7,769,724 916,776 8,686,500 8,686,500 8,686,500
Charges for Services 999,980 999,980 999,980 999,980 (36,633) 963,347
Increase RETT collection fees increase based on YTD ($30.0K); Increase
PD Contract Overtime ($41.6K) offset by a decrease in local parking pass
revenue for waived fees ($108K)
Fines & Forfeitures 210,700 210,700 210,700 210,700 110,800 321,500 STR Fines ($111K)
Earnings on Investments 150,000 266,026 416,026 416,026 416,026 1,000,000 1,416,026 Increase Earnings based on YTD revenues ($1.0M)
Rental Revenue 1,415,002 30,645 1,445,647 16,840 1,462,487 1,462,487 1,462,487
Miscellaneous and Project Reimbursements 318,000 3,150 321,150 321,150 321,150 7,295 328,445 Recognize Friends of Library Donations ($7.3K)- see the corresponding
increase in expenditures below
Total Revenue 51,246,162 430,321 51,676,483 5,510,274 57,186,757 - 57,186,757 1,918,701 59,105,458
Expenditures
Salaries 25,816,994 1,100,000 26,916,994 (349,818) 26,567,176 26,567,176 286,324 26,853,500 PD contract overtime ($41.6K); Wildfire deployment salaries ($245K)
Benefits 8,592,954 200,000 8,792,954 24,354 8,817,308 8,817,308 97,875 8,915,183 Wildfire deployment benefits ($97.9K)
Subtotal Compensation and Benefits 34,409,948 1,300,000 35,709,948 (325,464) 35,384,484 - 35,384,484 384,199 35,768,683
Contributions and Welcome Centers 284,134 10,000 294,134 294,134 294,134 2,000 296,134 Castle Lodge Toy Store 2023 contribution ($2.0K)
Childcare Program Funding 250,000 250,000 250,000 250,000 250,000
All Other Operating Expenses 11,457,111 439,448 11,896,559 285,490 12,182,049 12,182,049 1,161,169 13,343,218
Wildfire deployment travel, meals, and vehicle use ($116K)- see
reimbursement above; Increased bank processing fees for parking
($99.0K); Increased attorney and legal expenditures ($896K); Increased
library expenditures offset by FOL donations ($7.3K); Master lease of 6
Timber Ridge Units for TOV employees ($26.3K); 2022 Vail Health
physicals billed late ($14.6K)
Heavy Equipment Operating Charges 2,999,890 2,999,890 33,806 3,033,696 3,033,696 3,033,696
Heavy Equipment Replacement Charges 1,101,105 1,101,105 1,101,105 1,101,105 1,101,105
Dispatch Services 669,317 669,317 669,317 669,317 669,317
Total Expenditures 51,171,505 1,749,448 52,920,953 (6,168) 52,914,785 - 52,914,785 1,547,368 54,462,153
Surplus (Deficit) from Operations 74,657 (1,319,127) (1,244,470) 5,516,442 4,271,972 - 4,271,972 371,333 4,643,305
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
639
Proposed
2023 1st 2023 2nd 2023 3rd 2023 4th 2023
Budget Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
One-Time Items:
Federal Grants
CRRSAA Transit Grant (Operating)- 337,234 337,234 337,234 337,234 337,234
American Rescue Plan Grant - (1,365,835) (1,365,835) (1,365,835) (1,365,835) (1,365,835)
American Rescue Plan Initiatives - 1,365,835 1,365,835 1,365,835 1,365,835 1,365,835
Planning Projects
VLMD Transfer for Destination Stewardship Mgmt. Plan 200,000 200,000 200,000 200,000 200,000
Destination Stewardship Mgmt. Plan (200,000) (30,319) (230,319) (230,319) (230,319) (230,319)
Vail Vision (100,000) (100,000) (100,000) (100,000) (100,000)
Civic Area/Dobson Master Plan (100,000) (100,000) (250,000) (350,000) (350,000) (350,000)
West Vail Master Plan (100,000) (100,000) (100,000) (100,000) (100,000)
Contributions Funded with Reserves
Vail Chapel Capital Contribution - (500,000) (500,000) (500,000) (500,000) (500,000)
ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) (100,000) (100,000) (100,000) (100,000)
Net Increase /(Decrease) due to One- Time Items: (400,000) (193,085) (593,085) (250,000) (843,085) - (843,085) -(843,085)
Transfer to Marketing & Special Events Fund (1,500,000) (35,000) (1,535,000) (1,535,000) (1,535,000) (1,535,000)
Transfer to Other Funds (1,200,000) (1,200,000) (411,349) (1,611,349) (5,568,348) (7,179,697) (124,000) (7,303,697) Transfer to RETT for Booth Heights Acquisition interest
Surplus (Deficit) Net of Transfers and One-Time Items (3,025,343) (1,547,212) (4,572,555) 4,855,093 282,538 (5,568,348) (5,285,810) 247,333 (5,038,477)
Beginning Fund Balance 53,512,085 53,512,085 53,512,085 53,512,085 53,512,085
Ending Fund Balance 50,486,742$ 48,939,530$ 53,794,623$ 48,226,275$ 48,473,608$
As % of Annual Revenues 99%95%94%84%82%
EHOP balance included in ending fund balance - not spendable 1,526,018$ 16,396$ 1,542,414 1,542,414 1,542,414 1,542,414
740
Proposed
1st 2023 2nd 2023 3rd 2023 4th 2023
2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
Total Sales Tax Revenue:34,000,000$ 34,000,000$ 6,085,000$ 40,085,000$ 40,085,000$ 40,085,000$
Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 62/38 62/38 Sales tax split 62/38
Sales Tax - Capital Projects Fund 12,920,000$ 12,920,000$ 2,312,300$ 15,232,300$ 15,232,300$ 15,232,300$ Updated projections based on YTD actuals, with remainder of the year down 8% from PY; 2% down from 2022 in total
Use Tax 2,000,000 2,000,000 2,000,000 2,000,000 200,000 2,200,000 Based on 5-year average; Increase based on YTD collections ($200K)
Franchise Fee 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 2023: Utilize Franchise Fee for Holy Cross underground utilities project: 1% Holy Cross Franchise Fee approved in
2019; 2022-2035 based on 2% annual increase
Federal Grant Revenue - 1,650,000 1,650,000 1,650,000 1,650,000 1,650,000 2023: Re-appropriation of $1.65M grant from Hickenlooper/Bennet federal grant award for two additional electric buses
Other County Revenue - 111,333 111,333 111,333 111,333 111,333 2023: Re-appropriate $50K for VLMD reimbursement for Welcome Center displays; re-appropriate $61.2K grant for
share of SOU robot
Other State Revenue 250,000 4,171,158 4,421,158 4,421,158 4,421,158 4,421,158 2023: Re-appropriate $1.8M CDOT grant towards two electric buses; $2.1M CDOT grant for four electric buses;
$255.7K CDOT grant for four electric bus chargers; $36K grant for electric car charging infrastructure
Lease Revenue 164,067 164,067 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)
Timber Ridge Loan repayment 462,999 462,999 462,999 462,999 462,999 2023: Payoff of TR Loan (originally budgeted to be paid off in 2028)
Earnings on Investments and Other 67,348 67,348 7,500 74,848 74,848 1,000,000 1,074,848 2023: $7.5K Tesla rebate. 0.7% returns assumed on available fund balance; Increase based on YTD earnings on
investments ($1.0M)
Total Revenue 16,864,414 5,932,491 22,796,905 2,319,800 25,116,705 - 25,116,705 1,200,000 26,316,705
Facilities
Facilities Capital Maintenance 590,000 590,000 590,000 590,000 590,000 2023: Fire Station II exhaust extraction system ($75K), Fire Station III Stucco patching/painting ($40K); library air
handling replacement ($125), Bus barn gradient tube replacement ($50K);
Municipal Complex Maintenance 205,000 1,531,398 1,736,398 1,736,398 1,736,398 1,736,398 2023: Re-appropriate $1.5M for TOV facility maint of which $750k will be used towards Muni Air Handling replacement;
2023: Comm Dev boiler replacement ($100K), Comm Dev air handler replacement ($75K)
Building Energy Enhancement Projects 25,000 - 25,000 25,000 25,000 82,000 107,000 2023: Placeholder for energy enhancements specific to Town buildings; 800-amp electrical upgrades for EV-charging
capability and four electric vehicle chargers at Public Works Shops ($82K).
Public Works Building Maintenance 80,000 100,000 180,000 180,000 180,000 180,000 2023: Re-appropriated $100K to relocate furnace and partial exterior paint. $80k Window replacement
Welcome Center/Grandview Capital Maintenance 25,000 313,000 338,000 338,000 338,000 338,000 2023: Re-appropriate $213K to complete replacement of Welcome Center Display upgrades; Re-appropriate $100K for
furniture replacement
Welcome Center Display Upgrades 13,000 - 13,000 13,000 13,000 13,000 2023: Welcome Center Display upgrades
Employee Rental Units 2,500,000 2,281,958 4,781,958 4,781,958 4,781,958 4,781,958 2023: Re-appropriate $2.25M for TOV employee Rental Unit purchases; 2023 $2.5M Employee Rental Units purchases
to Capital Fund
Employee Rental Capital Maint 250,000 25,000 275,000 127,725 402,725 402,725 402,725 2023: Transfer $127.8K from housing fund for North Trail Townhomes #D for remodel; Re-appropriate $25K for Cap.
Maint of TOV employee rental units. Transfer 2022 Capital maint budget for town owned rental units to Capital Fund
Snowmelt Boilers Replacement 500,000 1,100,000 1,600,000 (10,000) 1,590,000 1,590,000 1,590,000 2023: Transfer $10K to RETT Fund for Snowmelt Feasibility study; Re-appropriate $1.1M for (3) BTU boiler
replacements; $500k for TRC electric boiler replacements (2)
Arabelle Snowmelt Boilers 190,000 190,000 190,000 190,000 190,000 2023: Shared expense with Arrabelle for streetscape heat; Boiler replacement
Donovan Pavilion Remodel 25,000 25,000 25,000 25,000 25,000 2023: $25K annual capital maintenance budget
Fire Sprinkler Upgrades at Bus Barn 100,000 100,000 100,000 100,000 100,000 2023-2024: Update Fire Sprinkler system in bus barn to accommodate needs of expanded electric bus fleet; 2023
includes $100K for design with $500K in 2024 for installation
Public Works Shops Expansion - 257,037 257,037 257,037 257,037 (82,000) 175,037
2023: Re-appropriated $257K to pave the ring road on western side of project. Expansion and remodel of the Public
Works shop complex as outlined in an updated public works master plan; Utilize project savings for 800-amp
electrical upgrades for EV-charging capability and four electric vehicle chargers at Public Works Shops ($82K).
Total Facilities 4,503,000 5,608,393 10,111,393 117,725 10,229,118 - 10,229,118 - 10,229,118
Parking
Parking Structures 940,000 350,000 1,290,000 1,290,000 1,290,000 1,290,000 Re-appropriate VTC stair #5 replacement $300k and $50k ebike parking/charging. 2020-2035: Various repairs including
deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs
Parking Entry System / Equipment - 243,708 243,708 283,190 526,898 526,898 526,898 2023: Re-appropriate $283.2K prepaid parking subscription funds to be amortized over subscription period; Re-
appropriate $209K for ongoing costs of the new parking system; $35K additional parking system costs
Lionshead Parking Structure Landscape Renovations (VRA)- 20,000 20,000 - 20,000 20,000 20,000 2023: Re-appropriate $20K to complete landscaping at the Lionshead parking structure
Total Parking 940,000 613,708 1,553,708 283,190 1,836,898 1,836,898 1,836,898
Transportation
Bus Shelters 230,000 28,489 258,489 258,489 258,489 258,489 2023: Re-appropriate remaining budget to complete 4th shelter ($28K) Bus shelter annual maintenance
Replace Buses - 9,846,643 9,846,643 9,846,643 9,846,643 9,846,643 2023: Re-appropriate $9.8M bus replacements, 6 anticipated in 2023 of which a portion of this is offset by grant
reimbursements
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
841
Proposed
1st 2023 2nd 2023 3rd 2023 4th 2023
2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Bus Wash Equipment 300,000 300,000 300,000 300,000 300,000 2023: Replace Bus Wash System with simpler more reliable drive through brush system. Current system is six years old
is consistently breaking down
Bus Sign Replacement 165,270 165,270 165,270 165,270 165,270
2023: $165.3K for the replacement of 15 intown electric bus signage with Sunrise 2-line CDP. The current Daktronics
signs are 9 years old and at the end of their useful life. The Sunrise signs give transit the ability to display real time bus
arrival information, as well as post messages about route impacts and service changes riders may experience.
Traffic Impact Fee and Transportation Master Plan Updates - 273,104 273,104 273,104 273,104 273,104 2023: Re-appropriate $273K for ongoing updates to the mobility and transportation master updates
Hybrid Bus Battery Replacement - 165,000 165,000 165,000 165,000 165,000 2023: Re-appropriate $165k placeholder incase of failure
Electric bus chargers and electrical service rebuild - 397,020 397,020 397,020 397,020 397,020 2023: Re-appropriate $397K for electric bus charging infrastructure
Total Transportation 695,270 10,710,256 11,405,526 - 11,405,526 - 11,405,526 - 11,405,526
Road and Bridges
Capital Street Maintenance 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 2023: Annual Capital street maint placeholder allocation includes asphalt and mill overlay ($575K)
Street Light Improvements 75,000 290,000 365,000 365,000 365,000 365,000 2023: Re-appropriate street light replacements, town now has electrical supervisor to complete work $290K; Town-wide
street light replacement
Slifer Plaza/ Fountain/Storm Sewer - 70,714 70,714 70,714 70,714 70,714 2023: Re-appropriate $70.7k for water quality smell issues
Vail Health / TOV Frontage Road improvements - 250,000 250,000 250,000 250,000 250,000 2023: Re-appropriate remaining expenses for roundabout project, landscape and signage $250K of which $235K will be
reimbursed by the VRA with $15K reimbursed by Vail Health for the bus stop
Neighborhood Bridge Repair 1,400,000 93,199 1,493,199 1,493,199 1,493,199 1,493,199 2023: Re-appropriate $93k for bridge repairs, project to be constructed this year. Repair two bridges on Bighorn Rd.
$500K, one bridge on Nugget Lane at Gore Creek $450K, and one bridge on Lupine Drive at Gore Creek $450K.
Seibert Fountain Improvements - 27,082 27,082 27,082 27,082 27,082 2023: Re-appropriate $27K for continued fountain upgrades
Roundabout Lighting Project 1,750,000 50,000 1,800,000 150,000 1,950,000 1,950,000 1,950,000
2023: $150K contingency for roundabout lighting project. The 2023 budget includes $1.8M and proposes to install new
lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light poles
and would incorporate smart transportation equipment such as traffic cameras
Neighborhood Road Reconstruction 300,000 1,315,701 1,615,701 1,615,701 1,615,701 1,615,701 2023: Re-appropriate $1.3M for East Vail road draining improvements, to be constructed this year. 2023 includes
additional $300K for increased construction costs for this project
Vail Village Streetscape/Snowmelt Replacement 250,000 1,183,961 1,433,961 1,433,961 1,433,961 1,433,961 2023: Re-appropriate $1.2M Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village
Lionshead Streetscape/Snowmelt Replacement (VRA)1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 2023-2024: Replacement of 18 yr. old streetscape and snowmelt infrastructure in Lionshead
Total Road and Bridge 6,625,000 3,280,657 9,905,657 150,000 10,055,657 - 10,055,657 - 10,055,657
Technology
Town-wide camera system 30,000 30,000 30,000 30,000 30,000 $30K Annual maintenance
Audio-Visual capital maintenance 110,000 45,000 155,000 155,000 155,000 155,000 2023: Re-appropriate $45K for council chambers upgrade; 2023: Update of Grandview/Library/Community
room/Donovan A/V systems
Cybersecurity 150,000 150,000 150,000 150,000 150,000 Annual 'Investment in cybersecurity, to keeps up with the ongoing changes that are required to maintain a safe and
secure computing environment (previously budgeted in software licensing); 2023: Includes additional firewall purchase
Software Licensing 725,000 725,000 30,000 755,000 755,000 755,000 2023: Building OS Software $30K. Annual software licensing and support for town wide systems
Hardware Purchases 75,000 75,000 75,000 75,000 75,000 2023:$75K for workstation replacements (20-25 per year)
Website and e-commerce 60,000 60,000 60,000 60,000 10,000 70,000 2023: Annual website maintenance ($60K); Expanded websire development support ($10K)
Fiber Optics / Cabling Systems in Buildings 100,000 528,549 628,549 628,549 325,000 953,549 953,549 2023: Re-appropriate $528.5K for project implementation. Planning stage taking longer than anticipated; 2023: $100K
Repair, maintain & upgrade cabling/network Infrastructure $50K; $325K increase in boring nad trenching contract costs
Network upgrades 50,000 50,000 50,000 50,000 15,000 65,000 Computer network systems - replacement cycle every 3-5 years ($50K); Additional labor costs related to netowrk
replacement ($15K)
Data Center (Computer Rooms)150,000 150,000 150,000 150,000 5,000 155,000 2023: $150K data center maint; Additional server processor required maintenance ($5K)
Broadband (THOR)110,000 110,000 110,000 110,000 110,000 2023/2024: $110K annual broadband expenses
Phone System 100,000 100,000 100,000 100,000 100,000 2023: Avaya phone system upgrade/replacement ($100K)
Business Systems Replacement 70,000 55,000 125,000 125,000 125,000 125,000 2023: Re-appropriate $55K for HR Performance mgmt. system; 2023: Placeholder for Budget Software ($40K); $30K
every other year for parking system upgrades
Total Technology 1,730,000 628,549 2,358,549 30,000 2,388,549 325,000 2,713,549 30,000 2,743,549
Public Safety
Public Safety IT Equipment 150,000 150,000 150,000 150,000 150,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push
information to TOV and other agencies; TOV portion of annual Intergraph software maintenance;
Public Safety Equipment 281,548 156,147 437,695 437,695 48,363 486,058 486,058
2023: $17.1K for flock safety LPR cameras; $14.8K for 11 additional AED units, $32.2K Axon body camera equipment-
annual cost. Reappropriate SOU robot, received in 2023 $92k. Acquisition of two police K9s ($41K) and associated
vehicle modifications ($7k) Purchase of two sniper rifles for the SOU ($20K)
Fire Safety Equipment - 15,000 15,000 15,000 15,000 15,000 2023: Re-appropriate backordered equipment, $15K
Thermal Imaging Cameras - 12,000 12,000 12,000 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness,
or heat barriers
942
Proposed
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2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Event Equipment - 12,022 12,022 12,022 88,273 100,295 100,295
2023: Apres event tent $12K funded by transfer from Marketing Fund. Event trailer and moveable barricades to provide
barriers for vehicle entry into event areas. $88k for the purchase of "Santa's Village" funded by a transfer from the
marketing fund.
Fire Station Alert System 18,000 18,000 18,000 18,000 18,000 2023: $18K for additional forcible entry training prop reducing need for East Vail crew to travel to West Vail for this type
of training;
Fire Truck Replacement 540,000 1,727,162 2,267,162 2,267,162 2,267,162 2,267,162
2023: Re-appropriate $1.7M for ladder truck replacement under contract. 2023: Type III Truck (heavy wildland engine);
2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; $540K for replacement of Engine I
purchased in 2011 (Truck was ordered in 2022 but unable to be delivered)
Total Public Safety 989,548 1,922,331 2,911,879 - 2,911,879 136,636 3,048,515 - 3,048,515
Community and Guest Service
Children's Garden of Learning Temporary Facility Relocation - 82,165 82,165 82,165 82,165 82,165 2023: Re-appropriate $82K to complete on-going east slope work
Pepi's Memorial - 6,000 6,000 6,000 6,000 6,000 2023: Re-appropriate $6K for artist design of Pepi's Memorial in Pepi's Plaza; Construction currently not budgeted
Loading and Delivery Capital 200,000 50,000 250,000 250,000 250,000 250,000 2023: Reappropriate $50k to cover potential increased costs of EV Carts; $200K Capital asset purchases to support the
loading and delivery program
Energy Enhancements 40,000 48,912 88,912 88,912 88,912 88,912 2023: Reappropriate $18.9K for EV Charging infrastructure; $40K 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 350,000 16,213 366,213 366,213 366,213 366,213 2023: Re-appropriate $16K for lighting crossing at Safeway; $350K Construction of RRFB Pedestrian Crossing at
Safeway
Bollard Installation Project 650,000 650,000 650,000 650,000 650,000 Installation of retractable and standard bollards throughout the Vail & Lionshead Villages and Ford Park ($650K) offset
by $250K MMOF Grant in 2023; possible future grant opportunities in 2024/2025
Civic Area Redevelopment - Dobson 1,000,000 57,000 1,057,000 4,000,000 5,057,000 5,057,000 5,057,000 2023: $4.0M for Dobson redevelopment, reimbursed by VRA; Re-appropriate $57K for Dobson and lot 10 park designs;
2023: $1.0M placeholder for Civic Center projects.
Underground Utility improvements 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2023: Underground HCE from Main Vail to East Vail in conjunction with fiber conduit ($2.5M)
Guest Services Enhancements/Wayfinding 750,000 152,907 902,907 902,907 902,907 902,907 2023: Re-appropriate $153K to for wayfinding sign project, final vendor decision pending. 2023: Updated Parking and
Transit signage ($750K)
Electric Vehicle Pilot Program 120,000 120,000 7,500 127,500 127,500 127,500
2023:$7.5k towards electric vehicle purchases, offset by Tesla rebate (corresponding reimbursement above). Purchase
Ford F150 Lightning and Sedan Tesla Model 3 to support Council's goal of an electric vehicle fleet. These vehicles
would be rotated into for departments to test capabilities and range.
Vehicle Expansion 342,000 166,418 508,418 508,418 508,418 508,418 2023: Re-appropriate $139K for 2 PD expansion cars, due to order timing; $26K increase in cost for 2 PD Cars. 2023: 5
PD take-home vehicles ($342); Parking Department Nissan Leaf ($33K)
Total Community and Guest Service 5,952,000 579,615 6,531,615 4,007,500 10,539,115 - 10,539,115 - 10,539,115
Total Expenditures 21,434,818 23,343,509 44,778,327 4,588,415 49,366,742 461,636 49,828,378 30,000 49,858,378
Other Financing Sources (Uses)
Debt Service Payment (1,154,784) (1,154,784) (1,154,784) (1,154,784) (1,154,784) Annual Debt Payment for PW Shops
Transfer from Vail Reinvestment Authority 2,550,000 531,546 3,081,546 4,000,000 7,081,546 7,081,546 7,081,546
2023: $4.0M placeholder for Dobson renovation; $1.5M Streetscape/Snowmelt Replacement, $1.0M Civic Area Plan,
$20K Lionshead parking Landscaping, $235K to complete Frontage Rd Improvements ($250K less $15K reimbursement
from Vail Health), $82K to complete CGL boulder wall
Transfer to Residences at Main Vail (825,000) (4,925,444) (5,750,444) (5,750,444) (5,750,444) (5,750,444) 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: $2.5M for Vail InDeed
Transfer from Marketing Fund 12,022 12,022 12,022 88,273 100,295 100,295 Transfer from Marketing Fund for Après Tent, $88K transfer from the Marketing Fund for "Santa's Village"
Transfer from General Fund - - - 48,363 48,363 48,363 Transfer from Police Seizure Funds to cover K-9 acquistions ($41K) and K9 Vehicle mods (7K)
Total Other Financing Sources and Uses (1,929,784) (4,381,876) (6,311,660) 4,000,000 (2,311,660) 136,636 (2,175,024) - (2,175,024)
Revenue Over (Under) Expenditures (6,500,188) (21,792,894) (28,293,082) 1,731,385 (26,561,697) (325,000) (26,886,697) 1,170,000 (25,716,697)
Beginning Fund Balance 20,581,198 47,872,973 47,872,973 47,872,973 47,872,973
Ending Fund Balance 14,081,010 19,579,891 21,311,276 20,986,276 22,156,276
1043
Proposed
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2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Real Estate Transfer Tax 7,000,000$ 7,000,000$ 7,000,000$ 7,000,000$ 600,000$ 7,600,000$ 2023: Based on 5-year average; Increase based on YTD collections ($600K)
Golf Course Lease 173,417 173,417 173,417 173,417 173,417 Annual lease payment from Vail Recreation District; Rent income funds the "Recreation Enhancement Account" below
Intergovernmental Revenue 300,000 428,000 728,000 25,000 753,000 425,000 1,178,000 1,178,000
2023: $25K CWCB contribution for 2 Year Stream Bank Setback Project. $55K from Eagle County for wildfire mitigation;
Reappropriate $575K ERWSD reimbursement for Dowd Junction retaining wall project; ECO Trails $150K reimbursement for
Dowd Junction; $50K for shift bike program ($22K to reimburse TOV remainder for county-wide program);$22.5K CPW bear
education grant
Project Reimbursements 50,000 50,000 50,000 50,000 13,039 63,039
2023: $50K Nature Conservancy Grant to implement fuels treatment projects; Additional Nature Conservancy Grant funds for
Staff time ($9.2K); IAFC Stay Wildfire Ready STR Prepardness program pilot reimbursement ($3.8K)
Donations - 13,221 13,221 13,221 13,221 10,500 23,721
2023: $13.2K Re-appropriate unused East West donation for Ford Park art space; $7.5K in donations to be used for Artist in
Residency program; $3.0K in donations for Sole Power Program
Recreation Amenity Fees 10,000 10,000 10,000 10,000 10,000 $10K annually
Earnings on Investments and Other 89,176 89,176 89,176 89,176 614,895 704,071
2023: $40K use of bag fees for two hard-to-recycle events and one Town Clean Up Day; $30K Bag fee for plastic bag expansion
in compliance with state policy; 2023 0.4% interest rate assumed; Increase earnings on investments based on YTD earnings
($585K); Utilize additional $20.9K of bag fee for hard to recycle ents; Utilize $9.0K of bag fee towards recycling center
catwalk replacement
Total Revenue 7,622,593 441,221 8,063,814 25,000 8,088,814 425,000 8,513,814 1,238,434 9,752,248
Expenditures
Management Fee to General Fund (5%)350,000 350,000 350,000 350,000 30,000 380,000 5% of RETT Collections - fee remitted to the General Fund for administration; Increase based on YTD collections ($30K)
Wildland
Forest Health Management 669,272 669,272 48,748 718,020 718,020 718,020
2023: Transfer from GF for compensation study adjustments $98.7K, Transfer Forest Health funds to Nature Conservancy Fuels
Reduction ($50K). Transfer from GF for wages/benefits; Operating budget for Wildland Fire crew; 2022 includes additional 2.3
FTE
Wildfire Mitigation 20,000 55,000 75,000 75,000 75,000 75,000 2023: $55K mitigation paid for by Eagle County; 2023: $20K annually to support wildfire mitigation projects as identified in the
2020 Vail Community Wildfire Protection Plan;
NEPA for East Vail Hazardous Fuels Reduction 50,000 50,000 20,000 70,000 70,000 70,000
2023: $20K NEPA fuels reduction budget correction; Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction
Project. This is a project which council has already voted to support, it consists of hazardous fuels reduction on USFS lands from
East Vail to Red Sandstone Road
Nature Conservancy Fuels Reduction - 50,000 50,000 50,000 9,158 59,158
$50K to implement fuels treatment projects reimbursed by a Nature Conservancy grant; Use savings from grant funds towards
wildland PPE ($9.2K)
Short-Term Rental Prepardness Pilot Program - - - - 3,881 3,881 2023: $3.8K for short-term rental wildfire prepardness pilot program, reimbursed by IAFC Stay Wildfire Ready grant
Fire Free Five - Rebate program 225,000 30,000 255,000 255,000 255,000 255,000
2023: Roll forward unused Fire Free Five rebates unused in 2022 $30K. 2023: $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; $25K to create publication to assist homeowners with implementation
Fire Free Five - TOV Implementation 150,000 45,617 195,617 195,617 195,617 195,617 2023 roll forward unused Fire Free Five- TOV facilities budget $46K; $150K Fire Free Five implementation at TOV facilities
Total Wildland 1,114,272 130,617 1,244,889 118,748 1,363,637 - 1,363,637 13,039 1,376,676
Parks
Annual Park and Landscape Maintenance 2,234,540 2,234,540 98,115 2,332,655 2,332,655 2,332,655 2023: $73.1K transfer from GF for compensation study adjustments; $25k transfer from street furniture project to purchase flower
planters. Ongoing path, park and open space maintenance, project mgmt.
Park / Playground Capital Maintenance 160,000 160,000 18,747 178,747 178,747 178,747
2023: Transfer $18.7K from Tree Maintenance for increased costs of landscaping work at multiple locations around town; 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
Pepi's Plaza 50,000 50,000 52,000 102,000 102,000 102,000 2023: $52K Pepi's Tribute increase to meet bid cost; Placeholder for artist inspired tribute at Children's Fountain
Fountain Repairs 50,000 50,000 50,000 50,000 50,000 2023: Children's Fountain Water Quality
Mayors Park Capital Maintenance - 2,500 2,500 2,500 2,500 2,500 2023: Re-appropriate $2.5K to replace drinking fountain at Mayors Park. 2022: $50K Replace flagstone at Mayors Park
Tree Maintenance 75,000 75,000 (18,747) 56,253 56,253 56,253 2023: Transfer $18.7K to park maintenance for landscaping work; $75K On going pest control, tree removal and replacements in
stream tract, open space, and park areas
Street Furniture Replacement 85,000 70,000 155,000 (25,000) 130,000 130,000 130,000 2023: $25k transfer from furniture funds to parks operations for new flower planters; Re-appropriate $70K to replace blue Covid
picnic tables with a more aesthetically pleasing option. Annual street furniture replacement ($85K)
Village Art Landscape Enhancements 135,000 44,364 179,364 179,364 179,364 179,364
2023: Re-appropriate $8.4K for landscape enhancements to areas around the 10th Mtn. Statute and Covered bridge areas; $36K
increase for areas around the 10th Mtn Statue and Covered Bridge. 2023: Landscaping Enhancement of 10th Mtn Statue Site
($75K) and planting bed near Squash Blossom ($25K); Landscaping and excavation for "Male Baseball Player #1" donated
sculpture on the upper playing fields of Ford Park ($35K).
Stephens Park Safety Improvements - 15,000 15,000 15,000 15,000 15,000 2023: Re-appropriate $15K playground equipment
Ford Park Master Plan - 72,292 72,292 72,292 72,292 96,500 168,792
2023: Carryforward $72k for ongoing consultant fees. Council approved contract with WRT 6/22. Master Plan Revisions/Updates
to address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion,
conversion of fields to turf; Increase $91K to cover cost increase and correction; Increase in Ford Park Master Plan consulting
fees due to extended timeline of project and extended project scope ($96.5K).
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
1144
Proposed
1st 2023 2nd 2023 3rd 2023 4th 2023
2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Ford Park- Betty Ford Way Pavers - 116,507 116,507 116,507 116,507 116,507
2023: Re-appropriate $116K for remaining project costs under contract; Construction of new concrete unit paver roadway, new
steel guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with
BFAG
Ford Park Enhancement: Priority 3 Landscape area - 5,946 5,946 5,946 5,946 5,946 2023: Re-appropriate $5.9K for landscaping at the Nature Center bridge
Ford Park Playground Improvements 50,000 193,361 243,361 243,361 243,361 243,361
2023: Re-appropriate $193K for 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; 2023: Add $50K to 2022 Budget for increased costs
Ford Park Lighting Control System - 180,000 180,000 180,000 180,000 180,000 2023: Re-appropriate $180k to complete active contract to replace Ford Park lighting control system 2022; Current system is
over 10 yrs. Old
Sunbird Park Fountain Repairs - 3,430 3,430 3,430 3,430 3,430 2023: Re-appropriate $3.4K for final bills
Vail Transit Center Landscape - 20,000 20,000 20,000 20,000 20,000 2023: Re-appropriate $20K for completion of landscaping at Vail transit center
Turf Grass Reduction - 220,000 220,000 220,000 220,000 220,000 2023: $220K continuation of turf grass reduction projects at Red Sandstone Underpass, Municipal Bldg. Frontage, and Main Vail
Perimeter Areas
Kindell Park/Mill Creek 100,000 149,862 249,862 249,862 249,862 249,862 2023 : Re-appropriate $150k for improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship park -
project is in design; 2023: riparian planting and improved pedestrian circulation along Mill Creek corridor ($100K)
Donovan Park Improvements 150,000 57,000 207,000 207,000 207,000 207,000 2023: Re-appropriated $57K for relandscaping on Donovan Park parking lot islands project is under contract; 2023: Replacement
of play area decks and some equipment 2022
Gore Creek Promenade Rehabilitation 55,000 353,897 408,897 408,897 408,897 408,897
2023: Re-appropriate $354K for ongoing project, slated for fall 2023. Planning, design, and rehabilitation of the Gore Creek
Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood
picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket Park
Total Parks 3,144,540 1,504,159 4,648,699 125,115 4,773,814 - 4,773,814 96,500 4,870,314
Rec Paths and Trails
Rec. Path Capital Maint 165,000 7,242 172,242 172,242 172,242 172,242
2023: Re-appropriate $7.2K for Capital maintenance of the town's recreation path system; annual maintenance of the rec. path
system $165K. 2022: $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's
recreation path system
Bike Safety 10,000 6,473 16,473 16,473 16,473 16,473 2023: Re-appropriate $6.5K for ongoing bike signage project; $10K annual cost for bike safety programs
Bike Path Signage 25,000 23,016 48,016 48,016 48,016 48,016 2023 Re-appropriate $23K for ongoing trail signage project. 2022-2023: Bike Path Signage: Enhancement of existing trail signage
to improve etiquette, safety and wayfinding
Pedestrian Bridge Projects 100,000 233,151 333,151 333,151 333,151 333,151 2023: Re-appropriate $233K for rehab of the pedestrian overpass. 2022-2027: Systematic rehabilitation or replacement of 5
pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass
East Vail Interchange Improvements - 209,443 209,443 209,443 209,443 209,443 2023: Re-appropriate $209K to continue East Vail interchange project, awaiting CDOT project completion to move forward; 2022:
$209K to continue East Vail interchange project
Dowd Junction repairs and improvements - 767,126 767,126 767,126 533,000 1,300,126 1,300,126
2023: Re-appropriate $767K to continue Re-stabilization of Dowd Junction retaining wall; Repairs to culverts, drainage, and
preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K,
reimbursement from ERWSD (above); increase project budget $533K
Portalet Enclosures 38,000 38,000 38,000 38,000 38,000 2023: Design and Construct screening/enclosures on trailhead port-a-lets
Booth Lake Trailhead Parking Restroom - 194,667 194,667 194,667 194,667 194,667 2023: Re-appropriate $195K for ongoing Installation of permanent restroom at Booth Lake trailhead for hikers; to be completed in
spring '23
Total Rec Paths and Trails 338,000 1,441,118 1,779,118 - 1,779,118 533,000 2,312,118 - 2,312,118
Recreational Facilities
Golden Peak Pickleball Sound Barriers 23,500 23,500 23,500 23,500 23,500 2023: Install Acoustic blocking panels on north and west fence sections
Nature Center Operations 109,373 109,373 109,373 109,373 109,373 Nature Center operating costs(Contract with Walking Mountains)
Nature Center Redevelopment - 383,522 383,522 383,522 383,522 383,522 2023: Re-appropriate $383.5K for further planning and design for a nature center remodel; Nature Center Construction is
currently unfunded
Total Recreational Facilities 132,873 383,522 516,395 - 516,395 - 516,395 - 516,395
Environmental
Environmental Sustainability 692,829 692,829 168,164 860,993 860,993 20,895 881,888
2023: $18.2K Transfer from GF for compensation study adjustments. Annual operating expenditures for Environmental
department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action
Collaborative, etc.; $12k Sustainability intern, $10K Waste Education Intern paid for with bag fees; $20.9K transfer from GF for
salary/benefits; $10.9K of additional funds for Clean-up Day; Use $20.9K additional bag fee funds for hard to recycle events
Recycling and Waste Reduction Programs 222,000 86,500 308,500 308,500 308,500 (7,500) 301,000
2023: Re-appropriate $22.5K for ongoing Love Vail contract with Vermilion; reappropriate $30K for Ball Cup event program
delayed by supply chain issues; reappropriate $15K for curbside compost pilot program expansion; reappropriate $18K for
compost pilot for rebates for businesses; reappropriate $1K from Green Team for idling campaign. 2023: Actively Green($40K),
Plastic Bag Expansion funded with bag fees ($30K), C&D Pilot ($5K), C&D Residential Phase 3 ($15K); C&D Commercial Phase
2 ($30K); Green Team ($2.5M), Love Vail website ($25K), Recycling hauls($25K), Farmers Market Zero Hero ($42K); Recycling
Education ($7.5K)022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-
appropriate $20.3K for pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus
Recycling Challenge ($13K), C&D Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost
Program Phase 2 ($45K), Farmers Market Zero Hero ($42K); Recycling Education ($17.5K); Use recycling center haul savings
towards recycling center catwalk replacement ($7.5K)
1245
Proposed
1st 2023 2nd 2023 3rd 2023 4th 2023
2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Recycling Center Catwalk Replacement - - - - - - - 16,500 16,500
2023: Catwalk replacement at recycling center ($16.5K) - Funded by $9K of bag fees and $7.5K of recycling center haul
savings
Ecosystem Health 212,500 368,500 581,000 581,000 581,000 581,000
2023: Re-appropriate $175k for Down Junction safe passage project, $150k for Biodiversity Study; $43.5K for bear education
program partnership with CPW; 2023:$15K for Vail to host CO Communities for Climate Action retreat; Strategic Plan
Completion ($10K), SD Contract ($25K), Trees for Vail ($7.5K), USFS Front Ranger Program ($55K); Wildlife Habitat
Improvements ($100K); 2022: $175K placeholder for Dowd Junction wildlife crossing (partnership with CDOT); $14.7K for CO
Communities for Climate Action retreat and $27K for partnership with Zinc Media for Sustainable Travel, CC4a ($3K), Biodiversity
Study ($150K), Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife
Habitat Improvements ($102.5K);
Energy & Transportation 58,500 10,000 68,500 10,000 78,500 78,500 3,000 81,500
2023: $10K Requested for Snowmelt feasibility study to use recaptured energy. Request to expand scope for solar study $10k.
2022-2024 Annual expenditures: Energy Smart Partnership contract ($40K), Solar Feasibility Study ($25K), EV Planning and
analysis ($8K), Sole Power ($7.5K); 2022: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K);
2023: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($10.0K); EV Share Event ($1K); Sole Power
Prizes funded by donations
E-Bike Programs 273,000 28,000 301,000 4,185 305,185 305,185 305,185 2023: $4.2k to replace stolen Ebike for essentials bikes. Ebike grant funds allocated to Eagle County organizations for shift bike
program $28K;: E-Bike Share$225K; E-Bike Ownership program ($18K); $15K for E-Bike Rebate program
E-Bike Share Infrastructure 54,000 54,000 54,000 54,000 54,000 E-Bike Share Infrastructure- Gravel pads and bike racks
Streamtract Education/Mitigation 50,000 6,452 56,452 56,452 56,452 56,452
2023: Re-appropriate $5.9K for continuation of "ten feet for the creek" campaign, $500 reimbursement for sustainable landscape.
2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature
Challenge and storm drain art
Water Quality Infrastructure - 1,905,064 1,905,064 (150,000) 1,755,064 1,755,064 1,755,064 2023: Re-appropriate $1.9M for water quality infrastructure
Streambank Mitigation 75,000 72,983 147,983 147,983 147,983 147,983 2023: Re-appropriate $73K to contract consultant and purchase plants for riparian project along the Gore Creek through the Golf
Course. 2023: Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan
Private Streambank Mitigation Program - 118,208 118,208 118,208 118,208 118,208 2023: Re-appropriate to continue private streambank mitigation program $118K
Booth Heights Open Space - 12,000,000 12,000,000 12,000,000 5,543,985 17,543,985 148,000 17,691,985
2023: Re-appropriate offer to Vail Resorts for the purchase of the Booth Heights Parcel ($12M); $5.5M increase in acquisition
cost of Booth Heights transferred from GF; $24K for fundraising contract; Increase in acquisition cost ($124K) and Open
Space Fundraising Cost ($24K)
Gore Creek Interpretive Signage 25,000 285,150 310,150 310,150 310,150 310,150 2023: Re-appropriate $190K for watershed map and installation at the Gore Creek Promenade; $95K requested increase in cost
for material/labor costs higher than anticipated.
Total Environmental 1,662,829 14,880,857 16,543,686 32,349 16,576,035 5,543,985 22,120,020 180,895 22,300,915
Art
Public Art - Operating 165,888 - 165,888 7,632 173,520 173,520 7,500 181,020 2023: $7.6K transfer from GF for compensation study adjustments. Art in Public Places programming and operations; $7.5K for
Artist in Residency consultant from donations
Public Art - General program / art 60,000 375,167 435,167 - 435,167 435,167 435,167 2023: Re-appropriate $375K to purchase sculptures, artwork, art programs and events; the remainder is re-appropriated each
year to accumulate enough funds.
Public Art - Winterfest 30,000 59,885 89,885 - 89,885 89,885 89,885 2023: Re-appropriate $60K for annual Winterfest program; 2023: $30K Winterfest budget. 2022: $64.7K for annual Winterfest
programming
Seibert Memorial Statue - 12,192 12,192 - 12,192 12,192 12,192 2023: Reappropriate $12.7K for Pete Seibert Memorial statue maintenance. 2022: $12.7K for Pete Seibert memorial statue
maintenance
Art Space - 863,048 863,048 - 863,048 863,048 863,048
2023: Re-appropriate $863k for design phase for Ford Park art space- see corresponding donation from East West above.
Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds. 2022: Design phase for Ford Park
art space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford
Park using $250K of existing AIPP funds
Total Art 255,888 1,310,292 1,566,180 7,632 1,573,812 - 1,573,812 7,500 1,581,312
Community
Council Contribution: Betty Ford Alpine Garden Support 76,888 76,888 76,888 76,888 76,888 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase
Council Contribution: Eagle River Watershed Support 42,000 42,000 42,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs
Council Contribution: Trail Alliance 17,500 17,500 17,500 17,500 17,500 Adopt A Trail Council Contribution for trails in or bordering the Town
Total Contributions 136,388 - 136,388 - 136,388 - 136,388 - 136,388
VRD-Managed Facilities & Maintenance
Recreation Enhancement Account 173,417 181,507 354,924 354,924 354,924 354,924 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($181.5K)
Recreation Facility Maintenance 22,000 22,000 44,000 44,000 44,000 44,000 2023: Reappropriate $22K for contingency; Annual $22K for general RETT facility maintenance;
Synthetic Turf Replacement 472,000 472,000 472,000 472,000 472,000 2023: $472K Replacement of Ford Park Synthetic Turf Infield originally installed in 2012 and past it's useful life of 7 years.
Golf Clubhouse 31,295 38,595 69,890 69,890 69,890 69,890 2023: Re-appropriate $39K for completion of Golf Clubhouse projects. 2023: Concrete walkways ($12.4K), Drain pains/curb
gutters ($18.9K); 2023: Concrete walkways ($12.4K), Drain pains/curb gutters ($18.9K)
Athletic Field Restroom/Storage Building - 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 2023 :Re-appropriate $1M for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage building.
Project was delayed to address additional needs outlined in the Ford Park Master Plan
Golf Course - Other 236,874 188,231 425,105 425,105 425,105 425,105 2023: Re-appropriate $188K for completion of golf course projects. 2023: $216K for golf course greens project; VRD shared cost
for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K)
1346
Proposed
1st 2023 2nd 2023 3rd 2023 4th 2023
2023 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Dobson Ice Arena 41,085 604,649 645,734 645,734 645,734 645,734
2023: Rockwall Repairs ($12.5K), Grading and Drainage ($7.8K), brick pavers ($14K), and central Air Handlers ($10.4K); 2021:
Re-appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K),
rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood
trim ($9.3K); Repairs to exterior doors ($80.0K)
Ford Park / Tennis Center Improvements - 172,124 172,124 172,124 172,124 172,124
2023: Reappropriate Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023
($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); Repair exterior doors ($9.6K); replace furnace, hot water tank,
baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K); reappropriate deferred maintenance ($46K)
Athletic Fields - 239,226 239,226 239,226 239,226 239,226 2023: Re-appropriate $239K for Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K);
Gymnastics Center 20,000 271,345 291,345 291,345 291,345 291,345 2023: Re-appropriate $272K for completion of the restroom remodel and cooling system. 2023 $20k additional costs for cooling
system.
Total VRD-Managed Facilities & Maintenance 996,671 2,717,677 3,714,348 - 3,714,348 - 3,714,348 - 3,714,348
Total Expenditures 8,131,461 22,368,242 30,499,702 283,844 30,783,547 6,076,985 36,860,532 327,934 37,188,466
Other Financing Sources (Uses)
Transfer from General Fund - - - 197,660 197,660 5,519,985 5,717,645 124,000 5,841,645 2023: Transfer from GF for RETT department salary and benefits comp study implementation. Transfer $5.5M to support the
Booth Heights acquisition; Transfer $124K to support the increase in Booth Heights acquisition cost
Revenue Over (Under) Expenditures (508,868) (21,927,021) (22,435,888) (61,184) (22,497,072) (132,000) (22,629,072) 1,034,500 (21,594,572)
Beginning Fund Balance 6,624,543 29,923,875 29,923,875 29,923,875 29,923,875
Ending Fund Balance 6,115,676$ 7,487,986$ 7,426,802$ 7,294,802$ 8,329,302$
1447
Proposed
2023 1st 2023 2nd 2023 4th 2023
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Housing Sales Tax 4,125,000$ 4,125,000$ 733,410$ 4,858,410$ 4,858,410$
Transfer in from Capital Projects Fund 2,500,000 2,500,000 2,500,000 2,500,000
Transfer in from General Fund 1,200,000 1,200,000 1,200,000 1,200,000
Workforce Housing Sales - 879,000 879,000 (450,000) 429,000 429,000
Housing Fee in Lieu Annual Collections - - - 17,104 17,104
Project Reimbursements - - - 1,000,000 1,000,000 Settlement funds for EHU violation
Total Revenue 7,825,000 879,000 8,704,000 283,410 8,987,410 1,017,104 10,004,514
Expenditures
Housing Programs
InDeed Program 2,500,000 2,612,089 5,112,089 5,112,089 5,112,089
Buy Down Housing - 72,683 72,683 72,683 17,104 89,787 Allocate Housing Fee in Lieu to buydown
housing projects
Future Purchases - 1,500,000 1,500,000 1,500,000 1,500,000
North Trail Townhomes Unit D - 127,725 127,725 (127,725) - -
Construction Housing Projects
Timber Ridge Redevelopment Placeholder 500,000 195,000 695,000 695,000 695,000
W. Middle Creek Development Placeholder 500,000 500,000 500,000 500,000
Residences at Main Vail Opportunity Fee - 2,000,000 2,000,000 2,000,000 2,000,000
Land Purchases for future Housing
CDOT Parcel Acquisition Placeholder - 2,650,000 2,650,000 4,985,000 7,635,000 7,635,000
Eagle-Vail Parcel Placeholder - - 50,000 50,000 50,000
Total Expenditures 3,500,000 9,157,497 12,657,497 4,907,275 17,564,772 17,104 17,581,876
Operating Income 4,325,000 (8,278,497) (3,953,497) (4,623,865) (8,577,362) 1,000,000 (7,577,362)
Other Financing Sources (Uses)
Transfer to Residences at Main Vail Fund - - - 150,000 150,000 Transfer to support first year operations
at Residences at Main Vail
Total Other Financing Sources (Uses)- - - 150,000 150,000
Revenue Over (Under) Expenditures 4,325,000 (8,278,497) (3,953,497) (4,623,865) (8,577,362) 850,000 (7,727,362)
Beginning Fund Balance 5,236,474 13,099,153 13,099,153 13,099,153
Ending Fund Balance 9,561,474$ 9,145,656$ 4,521,791$ 5,371,791$
TOWN OF VAIL PROPOSED 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
15
48
Proposed
2023 1st 2023 2nd 2023 3rd 2023 4th 2023
Budget Supplemental Amended Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Business Licenses 345,000$ 345,000$ 345,000$ 345,000$ 345,000$
Transfer in from General Fund 1,500,000 35,000 1,535,000 1,535,000 1,535,000 1,535,000
VLMD Contribution 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000
Event Reimbursements/Shared Costs - - - 125,000 125,000 (25,000) 100,000
Earnings on Investments 250 250 250 250 250
Total Revenue 3,045,250 35,000 3,080,250 - 3,080,250 125,000 3,205,250 (25,000) 3,180,250
Expenditures
Commission on Special Events (CSE):
CSE Surveys 54,000 54,000 54,000 54,000 54,000
Education & Enrichment 154,530 154,530 154,530 154,530 154,530
Visitor Draw 684,648 684,648 684,648 684,648 684,648
Recreation 75,000 75,000 75,000 75,000 75,000
Signature Events 1,095,252 1,095,252 (60,000) 1,035,252 1,035,252 1,035,252
Town Produced Events 766,000 766,000 60,000 826,000 36,727 862,727 862,727
Ambient Event Funding
Music in the Villages 154,530 (12,022) 142,508 142,508 142,508 142,508
Cultural Heritage:
National Brotherhood of Skiers 125,000 125,000 125,000 125,000 125,000
Other Council Funded Events:
Mikaela 87 - 35,000 35,000 35,000 35,000 35,000
Collection Fee - General Fund 17,250 17,250 17,250 17,250 17,250
Total Expenditures 3,126,210 22,978 3,149,188 - 3,149,188 36,727 3,185,915 - 3,185,915
Other Financing Sources (Uses)
Transfer to Capital Projects Fund - - - 88,273 88,273 12,202 100,475 Transfer $12,022 to Capital Projects Fund for
event tent approved in 1st Supplemental
Revenue Over (Under) Expenditures (80,960) 12,022 (68,938) - (68,938) - (68,938) (37,202) (106,140)
Beginning Fund Balance 407,124 416,323 416,323 416,323 416,323
Ending Fund Balance 326,164$ 347,385$ 347,385$ 347,385$ 310,183$
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING & SPECIAL EVENTS FUND
16
49
Proposed
2023 1st 2023 2nd 2023 4th 2023
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Town of Vail Interagency Charge 4,224,129$ 4,224,129$ 33,806$ 4,257,935$ 4,257,935$
Insurance Reimbursements & Other 25,000 25,000 25,000 80,081 105,081
Earnings on Investments 810 810 810 39,000 39,810
Equipment Sales and Trade-ins 294,238 294,238 294,238 294,238
Total Revenue 4,544,177 - 4,544,177 33,806 4,577,983 119,081 4,697,064
Expenditures
Salaries & Benefits 1,344,321 1,344,321 59,652 1,403,973 1,403,973
Operating, Maintenance & Contracts 2,102,307 2,102,307 33,806 2,136,113 4,800 2,140,913 Gillig electric bus software
Capital Outlay 1,355,886 783,757 2,139,643 108,500 2,248,143 222,902 2,471,045
TRC Main Generator repairs ($29K);
Vehicle cost increases ($71.1K); Truck
#254 Replacement ($62.5K); Move
forward Vehicle #208 replacement
from 2024 ($62.5K)
Total Expenditures 4,802,514 783,757 5,586,271 201,958 5,788,229 227,702 6,015,931
Revenue Over (Under) Expenditures (258,337) (783,757) (1,042,094) (168,152) (1,210,246) (108,621) (1,318,867)
Transfer In from General Fund - - 59,652 59,652 59,652
Beginning Fund Balance 1,919,625 1,919,625 1,919,625 1,919,625
Ending Fund Balance 1,661,288$ 877,531$ 769,031$ 660,410$
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
17
50
2023 4th Amended
Budget Supplemental Budget
Revenue
Town of Vail Interagency Charge - Premiums 4,748,921$ 4,748,921$
Employee Contributions 963,081 963,081
Insurer Proceeds 30,000 30,000
Earnings on Investments 15,000 100,000 115,000
Total Revenue 5,757,002 100,000 5,857,002
Expenditures
Health Insurance Premiums 1,690,000 1,690,000
Claims Paid 4,597,739 4,597,739
Wellness Bonus 78,000 78,000
Professional Fees 118,820 118,820
Total Expenditures 6,484,559 - 6,484,559
Revenue Over (Under) Expenditures (727,557) 100,000 (627,557)
Beginning Fund Balance 5,103,363 5,103,363
Ending Fund Balance 4,375,806$ 4,475,806$
HEALTH INSURANCE FUND
TOWN OF VAIL 2023 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
18
51
Proposed
2023 2nd 2023 4th 2023
Budget Supplemental Amended Supplemental Amended
Revenue
E911 Board Revenue 1,067,535$ 1,067,535$ 1,067,535$
Interagency Charges 1,444,427 1,444,427 1,444,427
Other County Revenues -103,000 103,000 103,000
Town of Vail Interagency Charge 669,317 669,317 669,317
Earnings on Investments and Other 658 658 50,000 50,658
Total Revenue 3,181,937 103,000 3,284,937 50,000 3,334,937
Expenditures
Salaries & Benefits 2,579,635 257,037 2,836,672 2,836,672
Operating, Maintenance & Contracts 593,611 593,611 593,611
Capital Outlay 87,528 87,528 87,528
Total Expenditures 3,260,774 257,037 3,517,811 - 3,517,811
Revenue Over (Under) Expenditures (78,837) (154,037) (232,874) 50,000 (182,874)
Transfer In from General Fund -154,037 154,037 154,037
Beginning Fund Balance 1,531,307 2,017,327 2,017,327
Ending Fund Balance 1,452,470$ 1,938,490$ 1,988,490$
TOWN OF VAIL PROPOSED AMENDED 2023 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
19
52
Proposed Proposed
2023 1st Amended 2nd Amended 4th Amended
Budget Supplemental Budget Supplemental Budget Supplemental Budget
Revenue
Rental Income 725,802 725,802 (165,722) 560,080 (131,149) 428,931 Reduce rental income for
staggered move-in
Other Income 48,000 48,000 (19,000) 29,000 29,000
Investment Earnings - - 155,967 155,967 155,967
Total Revenue 773,802 - 773,802 (28,755) 745,047 (131,149) 613,898
Expenses
Operating, Maintenance & Contracts 362,305 362,305 (36,811) 325,494 325,494
Capital Outlay - 14,366,303 14,366,303 240,735 14,607,038 14,607,038
Total Expenditures 362,305 14,366,303 14,728,608 203,924 14,932,532 - 14,932,532
Revenue Over Expenses 411,497 (14,366,303) (13,954,806) (232,679) (14,187,485) (131,149) (14,318,634)
Other Financing Sources (Uses)
Fiscal Agent fees - (3,000) (3,000) (3,000) (3,000)
Principal Repayment (415,000) (415,000) (415,000) (415,000)
Interest Expense (800,388) (800,388) (800,388) (800,388)
Transfer from Capital Projects Fund 825,000 4,925,444 5,750,444 5,750,444 5,750,444
Transfer from Housing Fund - - - 150,000 150,000
Transfer from Housing
Fund for 2023 operating
costs
Total Other Financing Sources (Uses)(390,388) 4,922,444 4,532,056 - 4,532,056 150,000 4,682,056
Change in Net Position 21,109 (9,443,859) (9,422,750) (232,679) (9,655,429) 18,851 (9,636,578)
Net Position- Beginning - 9,709,513 9,709,513 9,709,513
Net Position- Ending 21,109$ 286,763$ 54,084$ 72,935$
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
20
53
Proposed
2023 1st Amended 4th Amended
Budget Supplemental Budget Supplemental Budget
Revenue
Rental Income 1,865,753$ 1,865,753$ (51,000)$ 1,814,753$ Decrease due to vacancies
Other Income 14,724 14,724 14,724
Total Revenue 1,880,477 - 1,880,477 (51,000) 1,829,477
Expenditures
Operating, Maintenance & Contracts 515,617 32,000 547,617 129,600 677,217
Increased unit turnover and
maintenance costs due to RMV
turnover
Contigency - 50,000 50,000 50,000
Total Expenditures 515,617 82,000 597,617 129,600 727,217
Operating Income 1,364,860 (82,000) 1,282,860 (180,600) 1,102,260
Non-operating Revenues (Expenses)
Interest on Investments 180 180 180
Loan Principal Repayment to Capital Projects Fund (392,607) (392,607) (392,607)
Interest Payment to Capital Projects Fund (70,392) (70,392) (70,392)
Total Non-operating Revenues (Expenses)(462,819) - (462,819) - (462,819)
Revenue Over (Under) Expenditures 902,041 (82,000) 820,041 (180,600) 639,441
Beginning Fund Balance 2,060,145 2,078,748 2,078,748
Ending Fund Balance 2,962,186$ 2,898,789$ 2,718,189$
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TIMBER RIDGE FUND
21
54
Ordinance No. 28, Series of 2023
ORDINANCE NO. 28
SERIES OF 2023
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, VAIL MARKETING FUND, HEAVY EQUIPMENT FUND, AND TIMBER RIDGE FUND
OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE
SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,671,368
Capital Projects Fund 30,000
Real Estate Transfer Tax Fund 327,934
Housing Fund 167,104
Vail Marketing Fund 12,022
Heavy Equipment Fund 227,702
Timber Ridge Enterprise Fund 129,600
Interfund Transfers (274,000)
Total $ 2,291,730
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
55
Ordinance No. 28, Series of 2023
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3.The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4.The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 5th day of December 2023, and a public hearing shall be held on this
Ordinance on the 19th 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.
ATTEST:
_______________________________
Mayor
___________________________
Stephanie Bibbens, Town Clerk
56
AGENDA ITEM NO. 8.1
Item Cover Page
DATE:December 5, 2023
TIME:30 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 26, Series of 2023, Second 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 second 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):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Ord No. 26 Series of 2023 Staff Memo (second reading).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
Ord 26 2nd Reading Rezone First Bank(1).pdf
First Bank & Residences @ Vail - CC1 Zoning-Parking Study
Ordinance 26 - Public Input.pdf
57
TO: Town Council
FROM: Community Development Department
DATE: December 5, 2023
SUBJECT: Second 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 second reading of 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, 2023, where a recommendation
for approval was forwarded to the Vail Town Council by a vote of 4-1-0 (Rediker
opposed).
On November 21, 2023 the Vail Town Council approved, on first reading, Ordinance No.
26, Series of 2023, 4-3-0 with councilors Mason, Foley and Staufer 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 second reading.
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Town of Vail Page 2
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
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.
59
Town of Vail Page 3
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
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. 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
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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.
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
61
Town of Vail Page 5
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.
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
62
Town of Vail Page 6
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).
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.
63
Town of Vail Page 7
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.
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.
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Town of Vail Page 8
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VI. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 26, 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. 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
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.”
VlI. 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
F. Villa Cortina Town Council Public Comment, November 16, 2023
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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
68
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
70
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.
71
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:
72
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.
74
Town of Vail Page 7
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).
77
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.
78
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.
79
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
80
First Bank Vail
17 Vail Road
Vail, CO 8657
Zone Code Amendment Application
September 2023
81
Table of Contents
1. Application Contents 3
2. Introduction & Background 5
3. Criteria for Rezoning 6
4. Zoning & Parking Analysis 9
5. Exhibits 10
82
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.
83
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.
84
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.
85
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.
86
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.
87
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.
88
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)
89
5. Exhibits
90
Exhibit A – Letter of Authorization
91
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
92
Exhibit B – Title Commitment
93
Exhibit C – Existing Conditions Survey
94
95
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
96
Exhibit F – 1972 Plan Set
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
Exhibit G – 1980 Expansion Plan Set
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
14
7
14
8
149
150
Exhibit H – Architect Supplement
151
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
1152
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
153
Exhibit I – Zoning & Parking Analyses
154
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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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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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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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
202
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206
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
228
View looking directly east from Villa Cortina at First Bank at
our shared property line.
229
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.
230
Another view of the shared property line between Villa Cortina
and First Bank. These trees are 40’ tall and 50 years old.
231
PRESENTATION BY
Greg Roy, AICP
Planner
Ordinance No. 26,
Series of 2023
Second Reading
FirstBank
17 Vail Road
232
Vicinity Map
Town of Vail | FirstBank| vailgov.com
VIP
Talisman
Sonnenalp
Villa
Cortina
1st Bank
Pl
Vail Village
Plaza Condos
Ri
Vail
Interfaith
Chapel
Main Vail Fire Station
Meadow
Vail Place Condos
I
Subject Property
0 100 200 30050
Feet
V a i l V i l l a g e F i l i n g 2 ,L o t G
V i c i n i t y M a p
1 7 V a i l R o a d
This map was created by the Town of Vail GIS Team.Use of this map should be for general purposes only.The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown,parcel line work is approximate)
Last Modified:August 25,2023
233
FirstBank Property History
Town of Vail | FirstBank| vailgov.com
•Originally platted as Lot G, Vail Village Filing No. 2 under Eagle
County jurisdiction in 1963
•Part of the Original Town of Vail, incorporated 1966
•Zoned Public Accommodation (PA) in 1969
•Rezoned to Multiple Family (MF) in 1972 at the request of the
property owner in anticipation of development
•CUP issued for a Business Office Use in 1972. Setback variance
also approved at this time.
234
FirstBank Property History
Town of Vail | FirstBank| vailgov.com
•Project including bank and four (4) dwelling units completed
in 1973
•Property rezoned to Public Accommodation 1973 as part of
comprehensive townwide zoning (creation of
nonconformities)
•1978-1980 Bank expansion (CUP) and joint parking agreement
with Interfaith Chapel
235
Zone District Boundary Amendment
Town of Vail | FirstBank| vailgov.com 236
Zone District Boundary Amendment
Town of Vail | FirstBank| vailgov.com 237
Review Criteria – Zone District Boundary Amendment
Town of Vail | FirstBank| vailgov.com
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;
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;
3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship
among land uses consistent with municipal development objectives;
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;
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;
6.The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone
district;
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.
238
Review Criteria – Zone District Boundary Amendment
Town of Vail | FirstBank| vailgov.com
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;
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;
3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship
among land uses consistent with municipal development objectives;
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;
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;
6.The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone
district;
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.
239
Review Criteria
Town of Vail | FirstBank| vailgov.com
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;
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.
1.3. 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).
3.4. Commercial growth should be concentrated in existing commercial areas to accommodate
both local and visitor needs.
240
Review Criteria
Town of Vail | FirstBank| vailgov.com
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;
•Existing uses are legal non-conforming under existing zoning. These uses would be
conforming under proposed zone district.
•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).
241
Review Criteria
Town of Vail | FirstBank| vailgov.com
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.
•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.
242
Thank you
243
FIRST BANK
&
RESIDENCES @ VAIL
PARKING CONFIGURATION STUDY
CC-1 REZONING
30 NOVEMBER 2023
244
First Bank and Residences, Vail
2
SITE CONTEXT
V
A
I
L
R
O
A
D
W.
M
E
A
D
O
W
D
R
Vail Interfait
h
Chapel
Vil
l
a
C
o
r
t
i
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o
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i
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s
Fi
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s
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B
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AREAS OF MATURE
VEGETATION
2
2
1
1
245
First Bank and Residences, Vail
3
VAIL ROAD
W.
M
E
A
D
O
W
D
R
BANKEHU
CONCEPTUAL SITE PLAN
Scale: 1/20”=1’-0”’
PREVIOUS DESIGN
OUTLINE
POTENTIAL EXTRA 3
SPOTS BASED ON TREE
SURVEY AND
ABILITY TO SAVE
EXISTING TREES WITH
BUILDING DEMO
PROCESS
PMATURE SPRUCE
TREES
PMATURE ASPENS
6 PARKING SPACES
246
First Bank and Residences, Vail
4
3D VIEW
NORTH-EAST
247
First Bank and Residences, Vail
5
3D VIEW
NORTH-WEST
248
First Bank and Residences, Vail
6
PARKING REQUIREMENTS/STANDARDS
249
From:Jonathan Spence
To:Stephanie Bibbens
Cc:Greg Roy
Subject:Fwd: Town Council Meeting December 5
Date:Thursday, November 30, 2023 7:20:04 PM
Attachments:Letter to Town Council .docx
Please find correspondence related to the FirstBank application that came in Thursday
evening.
Please add to the item.
Thanks Steph.
Get Outlook for iOS
From: Peggy Fuller <fuller.peggy@gmail.com>
Sent: Thursday, November 30, 2023 6:14:45 PM
To: Jonathan Spence <JSpence@vail.gov>
Subject: Town Council Meeting December 5
Dear Jonathan,
Please find attached to this email correspondence that we would like provided to the Town
Council in advance of the Dec. 5th hearing and included in the record for First Bank's
applications. We would also like to reserve time to speak during Public Comment at the
hearing.
Please let me know if you have any trouble opening the attachments.
Thank you.
Peggy Fuller for the Villa Cortina HOA Board
303-902-6416
250
November 30, 2023
Dear Members of the Vail Town Council:
Villa Cortina (VC) is the immediate neighbor to the west of the First Bank parcel. Along with the
Vail Chapel parcel, VC is most impacted by First Bank’s requested zoning change and, if that
zoning change is approved, the imminent redevelopment of the parcel.
The First Bank parcel is one of the most iconic in town. As you know, it sits at the corner of the
start of the West Meadow Drive Pedestrian walkway and next to the historical Vail Chapel on
Gore Creek. When Vail visitors exit I-70 and turn onto Vail Road, this parcel welcomes them.
Indeed, when VC previously submitted its application to install a three-foot iron gate at our
driveway, Vail staff indicated that, “this crossroads is the presentation card of the Town on entry,
we have to be very conscientious in what we allow to be designed there.”
VC remains committed to working with First Bank around the noted concerns and project
limitations, as we have throughout several meetings, because we would like to work with our
neighbors in the need for constant renovation. But at this point, it is becoming more likely that
we are playing into a carefully strategized plan where the endgame is plain to see, but not
addressed in these important forums.
Staff, the PEC, Town Council, and neighbors have been made aware of First Bank’s ambitious
development goals by the Developers themselves, IF the rezoning to CC1 is approved. Thus,
although the application in front of Council is for rezoning, it cannot be analyzed without
Council considering what types of development may come down the pike if the parcel is zoned
CC1 in the future; whether that be First Bank’s development or a future owner of the parcel.
Thus, the concerns that VC has with First Bank’s current rezoning application, which Council
should as well (and, which the PEC certainly did) is the procedural strategy that Staff and the
Developer are following to ensure maximum density coverage on the site. Moreover, the
Developer retains the future ability to cherry pick variances such as, but not limited to, requests
for on-site parking which CC1 does not allow.
WE ASK THAT ALL OF YOU FOCUS ON WHAT THE PARCEL RECEIVES IN
PERPETUITY, AS USES BY RIGHT, IF CC1 IS APPROVED:
80% Site Coverage – currently the coverage sits at 48%
No Setbacks whatsoever
No percentage-mandated landscaping; rather, just a “no net loss” definition which is easy
to manipulate
A height restriction of 33 feet for 60% of a building and 43 feet for 40% of a building
which can quickly be increased if a developer uses steeper pitched roofs
Please remember, these standards become uses by right and run with the land if CC1 is approved.
That means they apply not just to a First Bank redevelopment, but any development down the
road. What if First Bank abandons its concept and sells the parcel to an “out of town developer”
251
which has not been doing business on the parcel for fifty years and has no relationships with the
neighbors? That new owner has all the incentive to maximize the parcel with the above uses by
right. We ask that you do not take a short-sighted view for this parcel and look longer into Vail’s
future.
In furtherance to Vail’s governing land use and design documents, light, air, sunshine, openness,
community access, and walking are crucial elements in the land use decision making process.
Changing the First Bank parcel to 80% site coverage with no setbacks and a malleable landscape
definition is antithetical to these considerations; especially for a parcel as important and visible
as this.
This application for rezoning is not simply that, and certainly is not a land use cleanup exercise.
First Bank has operated for fifty years without issue in the currently existing public
accommodation zone. Just the opposite, it is a calculated request to grant the parcel maximum
density uses by right in an area not appropriate for them. VC is negatively affected. The Vail
Chapel is negatively affected. The Vail visitor, whose first impression when driving into Vail, is
negatively affected.
In sum, CC1 is appropriate in the Vail Core area, on Bridge Street. It is not appropriate as an
island parcel on the corner of Vail Road and the pedestrian walkway. Just because the Town can
approve a zone change – which Staff admits, none of the potential zone changes are a perfect fit
for this parcel including CC1 – does not mean that it should. It sets a very poor precedent and
opens the door for future developers to “spot” parcels throughout town and pick the most
lucrative zoning for a future development. Town Council should not open this door.
Sincerely,
Peggy Fuller, HOA Board President, and Board Members
Michelle Taylor, Pablo Iturbe, Ilene Slate, and John Obering
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From:Jonathan Spence
To:Stephanie Bibbens
Cc:Greg Roy
Subject:FW: Vail Interfaith Chapel feedback about Firstbank Remodel
Date:Monday, December 4, 2023 8:07:03 AM
Attachments:image001.png
23.12.1 Letter to TOV Town Council.docx
image002.png
Good Morning Steph
Please add this correspondence to the FirstBank item. There is also one additional letter received
over the weekend that I will forward in a moment.
Thanks
Jonathan Spence, AICP
Planning Consultant
Community Development Department
75 South Frontage Road
Vail, CO 81657
Office: 970.479-2321
vail.gov
From: Kathy Fagan <admin@vailchapel.com>
Sent: Friday, December 1, 2023 5:28 PM
To: Jonathan Spence <JSpence@vail.gov>; Kathy Fagan <admin@vailchapel.com>
Subject: Vail Interfaith Chapel feedback about Firstbank Remodel
Hi Jonathan:
I would like to submit this letter, for the record, for my feedback in regard to the remodel of the
FirstBank of Vail prior to the Town of Vail Town Council vote on Tuesday, December 5th .
If you have any questions, please do not hesitate to contact me.
Sincerely:
Kathy Fagan
Foundation Administrator
Vail Religious Foundation
253
19 Vail Rd.
Vail, CO 81657
970-476-3347
www.vailchapel.com
254
The Spiritual Heart of Vail
December 1, 2023
Dear Members of the Vail Town Council:
My name is Kathy Fagan
the village as the Spiritual Heart of
First
-
First
e
Vail S
-
this of the
Pastor Tim Wilbanks
Fr. Brooks Keith
Pastor Scott Beebe
Becky Levi-Cohen
Pastor Ethan Moore
Rabbi Joel D. Newman
Father Jose Maria Quera
Greg Osteen
Matt Wyatt
Joel Barndt
Brett Goett
Representative, AA
th
Capital Campaign
Mayor Dave Chapin
Fr. Brooks Keith
Johannes Faessler
Liz Meyer
Rod and Beth Slifer
Michelle Taylor
Pastor Carl Walker
Pastor Tim Wilbanks
B’Nai Vail
Covenant Presbyterian
Episcopal Church of the
Transfiguration
Mountain Community Baptist
Mt. of the Holy Cross
Lutheran
St. Patrick Catholic Church
255
We have a
upmost safety and integrity as private property and not have a steady
very
First
In closing I just keep being reminded of the Joni Mitchell song in the 70’s which stated:
“They paved paradise and put up a parking lot, BUT THIS IS WAY MORE THAN A PARKING LOT”
Please preserve our chapel paradise in the Vail Village!
Kathy Fagan
Vail Religious Foundation is recognized as a tax-exempt public charity under Section 501(c) (3) of the internal
Revenue Code. Contributions are deductible to the extent allowed by law.
No goods or services were provided in exchange for this contribution. Our EIN number is 84-6042788.
Vail Religious Foundation • 19 Vail Road, Vail, CO 81657• (970) 476-3347 • admin@vailchapel.com
256
From:Jonathan Spence
To:Stephanie Bibbens
Cc:Jim Telling
Subject:FW: First Bank Concept Plan
Date:Monday, December 4, 2023 9:10:52 AM
Attachments:image002.png
image003.png
image001.png
Hi Steph
Please include the below comments in the packet.
Thanks again
Jonathan Spence, AICP
Planning Consultant
Community Development Department
75 South Frontage Road
Vail, CO 81657
Office: 970.479-2321
vail.gov
From: Jim Telling <JTelling@ewpartners.com>
Sent: Monday, December 4, 2023 8:03 AM
To: Jonathan Spence <JSpence@vail.gov>
Cc: Matt Gennett <mgennett@vailgov.com>; Greg Roy <GRoy@vailgov.com>; Katherine Spoonhour
<kspoonhour@ewpartners.com>
Subject: Re: First Bank Concept Plan
Jonathan
Can you make sure this is in the TC packet?
Thanks
JT
From: Jim Telling <JTelling@ewpartners.com>
Date: Monday, November 20, 2023 at 1:07 PM
To: Jonathon Spence <JSpence@vail.gov>
257
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Cc: Matt Gennett <mgennett@vailgov.com>, Greg Roy <GRoy@vailgov.com>,
Katherine Spoonhour <kspoonhour@ewpartners.com>
Subject: FW: First Bank Concept Plan
Jonathan
See below from Johannes. We also presented this to Villa Cortina and the VRF. Their concerns
haven’t changed, try to save large trees and traffic flow. I told them we would study these more if
zoning change is approved and we get can back to the design process. They both plan to have folks
at the meeting tomorrow.
Thanks
JT
From: Johannes Faessler <jfaessler@sonnenalp.com>
Date: Monday, November 20, 2023 at 11:09 AM
To: Jim Telling <JTelling@ewpartners.com>
Subject: RE: First Bank Concept Plan
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Hi Jim:
Thanks for sending this over.
No need to meet. Projects looks good and I hope you will be able to move forward in the process.
Johannes
From: Jim Telling <JTelling@ewpartners.com>
Sent: Thursday, November 16, 2023 7:07 PM
To: Johannes Faessler <jfaessler@sonnenalp.com>; Sebastian Faessler <sfaessler@sonnenalp.com>
Cc: Nick Brinkman (Nick.Brinkman@efirstbank.com) <Nick.Brinkman@efirstbank.com>; Katherine
Spoonhour <kspoonhour@ewpartners.com>
Subject: Re: First Bank Concept Plan
'
'.
Johannes and Sebastian
We will be going to the Vail Town Council next Tuesday to ask for a zoning change to allow for the
redevelopment of the bank. We have been approved by the Planning Commission so this is the next
step. The zoning change is required because the bank and condominiums as currently built (and the
258
proposed redevelopment) are not allowed uses under the zoning district that currently in place on
the parcel. Our basic concept has not changed with what we reviewed with you previously but this
is a step we need to go through with the Town.
I’ve attached the presentation I plan to make next Tuesday evening and would welcome the
opportunity to review this with you if you would like. This was reviewed with Villa Cortina earlier this
week and will be presented to the Religious Foundation tomorrow.
Please let me know what questions you might have and I’m happy to discuss this with in person.
Thank you
JT
Jim Telling
MANAGING PARTNER – VAIL VALLEY
P.O. Drawer 2770
126 Riverfront Lane, 5th Floor
AVON, COLORADO 81620
c 970-343-0073 | o 970-748-7598
EWPARTNERS.COM
From: Jim Telling <JTelling@ewpartners.com>
Date: Wednesday, August 9, 2023 at 4:44 PM
To: Johannes Faessler <jfaessler@sonnenalp.com>, Sebastian Faessler
<sfaessler@sonnenalp.com>
Cc: Nick Brinkman (Nick.Brinkman@efirstbank.com) <Nick.Brinkman@efirstbank.com>
Subject: First Bank Concept Plan
Johannes and Sebastian
I’ve attached the concept plan that we reviewed today. One thing to note is that I was mistaken
when I said the existing building was 43 feet. I checked when I got back to the office and 4240
actually estimates it at 36-37 feet using Google Earth.
Thank you for taking the time today. Please reach out to me with any questions.
JT
259
Jim Telling
MANAGING PARTNER – VAIL VALLEY
P.O. Drawer 2770
126 Riverfront Lane, 5th Floor
AVON, COLORADO 81620
c 970-343-0073 | o 970-748-7598
EWPARTNERS.COM
260
From:Jonathan Spence
To:Stephanie Bibbens
Cc:Greg Roy
Subject:FW: Town Meeting 12/5/23 - Public Comment
Date:Monday, December 4, 2023 8:07:45 AM
Attachments:image001.png
Good Morning Steph
Please add this correspondence to the FirstBank item.
Thanks
Jonathan Spence, AICP
Planning Consultant
Community Development Department
75 South Frontage Road
Vail, CO 81657
Office: 970.479-2321
vail.gov
From: Matthew Wyatt <mattwyatt@mcc-vail.com>
Sent: Sunday, December 3, 2023 1:24 PM
To: Jonathan Spence <JSpence@vail.gov>
Cc: Scott Beebe <skbeebe@vail.net>
Subject: Town Meeting 12/5/23 - Public Comment
Hello Jonathan,
Unfortunately, I am not able to attend the Vail Town Council meeting scheduled for 12/5/23. I do
have input for the Council to consider in regards to the re-zoning of the First Bank lot. Please
submit this brief summary as my public comment....
In accordance with the purpose of the Title 12 zoning regulations, the re-zoning of the First Bank
parcel from Public Accommodation to Commercial Core 1 is well outside of the scope of the
intended use of the property for the Town of Vail and the property boundaries on the southwest
corner of Vail Road and West Meadow Drive.No other properties along this area of the town
boundaries are commercial core areas. The CC1 was intended for Vail Village and Lionshead, not the
transitional zone between the two.
First Bank has operated at its existing site since 1973 with no issues, hangups, evaluations, or
261
reviews by the town. According to its current Public Accommodation zoning, professional and
business offices are a conditional use within that zoning regulation. Their desire to re-zone the lot is
due to their hope of destroying the existing structure and rebuilding a larger structure to better suit
its needs for increased secondary housing for public use. However, this course of action can still be
accomplished within the current zoning standards. According to Title 12-7A-12, it simply requires
review by the Planning and Environmental Commission. A change to a CC1 zone is totally out of
place and unnecessary within its location.
To summarize:
1. First Bank can accomplish its goals of rebuilding the structure within the current Public
Accommodation zoning.
2. The site is NOT within the town’s designated CC1 area. Therefore, changing the zoning
would permanently alter the town’s existing layout.
3. PA Zoning does allow and can allow banking as a professional business office.
4. CC1 allows banking as a conditional use, not primary use.
5. CC1 does not allow for office space on the first floor, only as a conditional use on the
second floor.
6. CC1 would increase site coverage to 80% and NOT allow for any setbacks.
7. Landscaping requirements are lost with CC1.
8. Should the property be sold by First Bank in the future, the site can be altered within
the CC1 regulations and the Town of Vail would have no say in its development or
alteration.
I am not against First Bank’s desire to modernize its facilities, nor do I want to have their business
depart from this area of town. However, it seems very clear to me that re-zoning the First Bank
parcel from Public Accommodation to Commercial Core 1 will:
Make an unnecessary change to the current zoning designation
Alter the town’s intentional zoning layout
Be disadvantageous to the town in the long term
Negatively affect the neighboring parcels
Change the town’s aesthetics
Adversely affect the public use of the area.
262
Thank you for your time and consideration.
--
Matthew Wyatt
Pastor
Mountain Community Church
www.mcc-vail.com
19 Vail Road
Vail, CO, 81657
263
264
AGENDA ITEM NO. 8.2
Item Cover Page
DATE:December 5, 2023
TIME:5 min.
SUBMITTED BY:Steph Johnson, Finance
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 27, Series of 2023, Second 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:Staff requests Ordinance 27, Series of 2023, be tabled until the
January 2nd Council meeting. On November 20th, Colorado
legislature passed SB238B-001, impacting 2023 assessed valuations
and shifting the mill levy certification timeline.
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
265
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.
266
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.
.
267
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,
268
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
269