HomeMy WebLinkAbout2023-12-19 Agenda and Supporting Documentation for Town Council Evening Meeting AgendaTown Council Meeting Minutes of November 7, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 7, 2023
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Langmaid.
Members present: Travis Coggin, Mayor Pro Tem
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Members absent: Kim Langmaid, Mayor
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
There was none.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1 Resolution No. 38, Series of 2023, A Resolution Approving the Operating Plan and
Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2024, through
December 31, 2024
Approve, approve with amendments, or deny Resolution No. 38, Series of 2023.
Foley made a motion to approve; Davis seconded; motion passed (6-0).
3.2 Resolution No. 39, Series of 2023, A Resolution Adopting the Town of Vail's Five-Year
Art in Public Places Strategic Plan
Approve, approve with amendments, or deny Resolution No. 39, Series of 2023.
Town Council Meeting Minutes of November 7, 2023 Page 2
Background: The purpose of this item is for the Town Council to adopt by resolution the Town of
Vail's Five-Year Art in Public Places Strategic Plan.
Staufer made a motion to approve; Foley seconded; motion passed (6-0).
3.3 Resolution No. 40, Series of 2023, A Resolution Approving a Mutual Release of
Restrictive Covenant Amended and Restated Development Agreement between the Town
of Vail and David and Izabel Flowers; and Setting Forth Details in Regard Thereto
Approve, approve with amendments, or deny Resolution No. 40, Series of 2023.
Background: The Vail Local Housing Authority unanimously recommends the Vail Town Council
approve the exchange of an employee housing unit deed restriction located at 1220 Westhaven
Lane, Unit A, in exchange for the recording of an employee deed restriction on another dwelling
unit located at Building D, Columbine North Condominiums, Unit 4, 2773 Kinnickinnick, D4, Vail,
CO, 81657.
Mason made a motion to approve; Davis seconded; motion passed (6-0).
3.4 Resolution No. 41, Series of 2023, A Resolution Approving an Intergovernmental
Agreement between the Town of Vail (The "Town") and Eagle County School District
RE50J (The "District")
Approve, approve with amendments, or deny Resolution No. 41, Series of 2023.
Background: The Vail Police Department would like to formally request the approval of a part-
time School Resource Officer (SRO) position at Red Sandstone Elementary School. The safety
and well-being of our community's children are of paramount importance, and the presence of
an SRO at the school will greatly contribute to enhancing the security and fostering positive
relationships between law enforcement and our youngest residents.
Davis made a motion to approve, Staufer seconded motion passed (6-0).
3.5 Resolution No. 42, Series of 2023, A Resolution Approving a State of Colorado
Subaward Agreement between the Town of Vail and the Colorado Department of
Transportation
Approve, approve with amendments, or deny Resolution No. 42, Series of 2023.
Background: The Town of Vail and the Colorado Department of Transportation wish to enter into
an agreement with the purpose of providing capital, planning and operating assistance to
support public transportation.
Staufer made a motion to approve; Mason seconded motion passed (6-0).
3.6 Contract Award to 106West Couriers, LLC for the Loading and Delivery Program
Renewal
Town Council Meeting Minutes of November 7, 2023 Page 3
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with 106West Couriers, LLC for the renewal of the Loading and Delivery Program, not
to exceed $1,500,000.
Background: The Load and Delivery Program has been fully and successfully implemented
since October 1, 2022. The Vail Police Department is asking Council to renew the contract with
106West.
Mason made a motion to approve, Davis seconded motion passed (6-0).
3.7 Contract Award to Squire Broel for a Commissioned Sculpture for the Town of Vail's
Public Art Collection
Authorize the Town Manager to enter into an agreement with Squire Broel, in a form approved
by the Town Attorney, in the amount not to exceed $60,000.00 for the creation of the proposed
sculpture for the Town of Vail's public art collection.
Background: In July 2023, Squire Broel was the inaugural artist in residence for the Town of
Vail’s Art in Public Places Program. Throughout the summer he engaged with the community,
Town staff and the AIPP Board to develop a unique sculpture for the Town of Vail’s public art
collection. The proposed sculpture, which aligns with AIPP’s five-year Strategic Plan’s vision,
goals and objectives, was unanimously approved at the August 7, 2023, AIPP Board meeting.
50% ($30,000) is being privately donated to Art in Public Places for this commissioned
sculpture.
Staufer made a motion to approve; Foley seconded; motion passed (6-0).
3.8 Update to the VLMD 2023 Operating Budget, Having a Net Zero Impact on Operating
Expenditures.
Approve, approve with amendments, or deny VLMD Budget updates.
Background: Please see attached memo.
Davis made a motion to approve; Mason seconded; motion passed (6-0).
4. Town Manager Report
4.1Town Manager Report
Forrest summarized the Council’s Strategic Goals and their progression.
Greg Hall, Director of Public Works and Transportation, explained there would be a future
contract to bore out at Ford Park in order to provide some geothermal testing for an alternative
source for the Town’s Snowmelt System and the rigs would be out at Ford Park in the upcoming
weeks, but the report would not be available until sometime in the next year.
4.2 Council Matters and Status Report
5. Action Items
Town Council Meeting Minutes of November 7, 2023 Page 4
5.1 Resolution No. 43, Series of 20023, A Resolution of the Vail Town Council Adopting
the 2023 Gerald R. Ford Park Master Plan Update
Presenter(s): Todd Oppenheimer, Capital Projects Manager and Andy Dawson, Senior
Associate with WRT Designs
Approve, approve with amendments, or deny Resolution No. 43, Series of 2023.
Background: The Vail Town Council instructed Town of Vail staff to prepare an update to the
Gerald R. Ford Park Master Plan. The updated Gerald R. Ford Park Master Plan is intended to
be an element of the Vail Comprehensive Plan.
Oppenheimer explained the content of the Ford Park Master Plan was provided to Council on
October 17, 2023, with no direction for modifications to the Plan and on October 9, 2023, the
Planning and Environmental Commission unanimously and without conditions approved a
recommendation for the Town Council to update the Ford Park Master Plan.
Oppenheimer stated the master plan acknowledged the complexities of Ford Park and although
the updated plan recognized several shortcomings of Ford Park, it also suggested a series of
studies which could be taken on individually or collectively to arrive at meaningful and long-
lasting solutions.
Dawson presented a high-level recap of what had already been presented to Council at
previous meetings which included the Ford Park Mission, Ford Park Goals, Guiding Operational
Principles, Capital Improvement Studies, and the Priority Operational Actions.
Seibert spoke in favor of having an Oversight Committee and the importance of having a traffic
study completed.
Coggin recognized the hard work that went into the Ford Park Master Plan and thanked
everyone involved.
Foley made a motion to approve; Davis seconded; motion passed (6-0).
5.2 Resolution No. 44, Series of 2023, a Resolution of the Vail Town Council Approving
the Update to the Vail Land Use Plan Associated with the Rezoning of a Portion of Lot 1,
Timber Ridge Subdivision.
Presenter(s): Greg Roy, Planning Manager
The Planning and Environmental Commission voted to recommend approval of Resolution No.
44, Series of 2023.
Background: This application proposes to designate the former CDOT right-of-way being
incorporated into the Timber Ridge Subdivision Lot 1 as High-Density Residential land use. The
area in question currently does not have a land use designation as a land use category is not
Town Council Meeting Minutes of November 7, 2023 Page 5
applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor
Subdivision application (PEC21-0010), a land use designation is needed.
Roy explained the subject property is a portion of the CDOT right-of-way that was proposed to
be included as part of the Timber Ridge Subdivision with the Minor Subdivision application and
since the Town was currently not the owner of the property, CDOT gave permission for the
Town to enter the entitlements process.
Roy went on to explain right-of-way does not carry a land use designation and was not assigned
a zone district and since the property was proposed to be incorporated into the greater Lot 1 of
Timber Ridge Subdivision, the property needed to be assigned a land use and a zoning
designation.
Roy stated for consistency, the proposed High Density Residential land use and Housing zone
district would result in uniform land use and zoning designations.
Public comment was called, there was none.
Foley made a motion to approve, including the findings on page 2 and 3 of the staff
memorandum; Staufer seconded; motion passed (6-0).
5.3 Ordinance No. 22, Series of 2023, First Reading, an Ordinance to Designate the
Zoning of the Proposed Addition to Lot 1, Timber Ridge Subdivision from Undesignated
to Housing (H) District
Presenter(s): Greg Roy, Planning Manager
The Planning and Environmental Commission voted to recommend approval of Ordinance No.
22, Series of 2023 upon first reading.
Background: This application proposes to zone the former CDOT right-of-way being
incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not
currently have a zoning designation as zoning is not applied to right-of-way. As this property is
proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a
consistent zoning designation is needed.
Roy explained the purpose of the zone amendment was to rezone the property to have the total
of Lot one designated as Housing to be under the same Zone District.
Coggin asked if the Post Office was zoned as Housing.
Roy answered the Post Office was zoned as Medium Density or High Density Residential.
Staufer asked about the planning of the property.
Roy explained the Town was underway with purchasing the property from CDOT, which should
be completed by the end of the year, and the ordinance for rezoning will not take effect until
Town Council Meeting Minutes of November 7, 2023 Page 6
January 1, 2024, but if staff needed more time to record the plat, they would be back in front of
Council to extend the period as far as the effective date.
Public comment was called, there was none.
Staufer made a motion to approve based on the criteria and findings of the staff memorandum;
Foley seconded; motion passed (6-0).
5.4 Ordinance No. 23, Series of 2023, First Reading, an Ordinance Amending Title 12,
Chapter 6 of the Vail Town Code to Amend the Current Housing District Regulations and
to Establish a new Housing District and Amending Sections 14-6-7 and 14-10-9 of the Vail
Town Code to Increase the Allowable Maximum Height of Retaining Walls in the Housing
Districts
Presenter(s): Greg Roy, Planning Manager
The Planning and Environmental Commission voted to recommend approval of Ordinance No.
23, Series of 2023 upon first reading.
Background: The proposed Prescribed Regulation Amendment will amend the standards for the
Housing (H) district to create set standards in place of standards prescribed by the PEC. The
proposal would also create a second Housing District that would have a lower height maximum
to be more compatible in lower density areas. It would also permit retaining walls in either
housing district to extend up to fifteen (15) feet in height.
Roy explained the proposed Prescribed Regulation Amendment would amend the standards for
the Housing (H) district to create set standards in place of standards prescribed by the PEC.
The proposal would also create a second Housing District that would have a lower height
maximum to be more compatible in lower density areas and it would also permit retaining walls
in either housing district to extend up to fifteen (15) feet in height.
Public comment was called.
Brian Sipes, an East Vail resident, stated the minimum lot size of 10,000 sq ft. was not a very
big lot for some of the variances that were being codified that are large in scale and suggested
the Town reserve some of the bigger increases in density for larger lots.
Staufer explained he was concerned the Town was turning into a “one-size fits all” solution to
build housing and although he wasn’t opposed to providing incentives and understood the merit
to streamline the process, however, he was concerned the Town would end up with flat fronted,
uninteresting buildings.
Mason stated she was concerned about the height of the retaining walls.
Seibert expressed he understood the concern regarding the height of the retaining walls but
didn’t see a way around it due to where housing was proposing to be built.
Town Council Meeting Minutes of November 7, 2023 Page 7
Staufer explained if a 15 ft retaining wall needed to be built, there could be an application for a
variance and didn’t see why the variance wouldn’t be granted.
Coggin stated a developer could apply for a variance, but they would spend a lot of money
without an assurance that they would be granted the variance and stated people would have to
come in and apply to receive the zone district, it wasn’t just a given.
Roy explained staff included in the language that the Design Review Board could, at their
discretion, require more benching and landscaping in between and stated the DRB would
always have the power to add design elements based off of where the 15 ft retaining wall would
be located.
Foley asked about the PEC votes regarding application PEC 23005 (Retaining Wall application),
which was 5-0, and PEC 023 (changes to the Housing Zone District, including the Housing Two
Zone District) which was 3-2.
Roy explained staff had two different applications as they were looking at different areas of the
code, and he had different commissioners that felt differently about the two items.
Coggin asked what the concerns were.
Roy answered some of the commissioners wanted more PEC review of the applications, some
commissioners felt that the height was too much, the site coverage should still be at PEC
discretion, staff was permitting too tall of buildings and there were concerns of the landscaping
requirements.
Coggin asked who made the decisions, DRB or PEC.
Roy explained currently in the Housing Zone District, PEC set the bulk mass scale site planning
portions of a project and the DRB also had that in their charge but deal more with the
articulation and penetrations of the project.
Coggin stated to address some of Staufer’s concerns, there would still be a review body that
could make comments about the ascetics of the project.
Forrest explained it was not a sure thing that a variance would be granted for any sort of
application, and there were specific standards to be granted a variance and asked Roy to
remind Council of the criteria for a variance.
Roy answered staff would look for a hardship that was not typical in a site in the Housing Zone
District.
Coggin expressed he was comfortable moving forward with the Ordinance change because
there was a process and thought it was critical the DRB was involved and had the review and
discretion to approve an application.
Town Council Meeting Minutes of November 7, 2023 Page 8
Davis made a motion to approve; Seibert seconded; motion failed (3-3, Foley, Mason, Staufer
opposed).
5.5 Ordinance No. 24, Series of 2023, First Reading, Annual Appropriation Ordinance:
Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs,
Expenses, and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1,
2024, through December 31, 2024
Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager
Approve, approve with amendments, or deny Ordinance No. 24, Series of 2023.
Background: Please see attached memo.
Jakubiec explained the ordinance proposed to appropriate $135,635,323 in net expenditures
across all funds.
Jakubiec went over minor changes from the Budget Preview on October 17, 2023. Those
changes included:
Expenditures
General Fund:
$214K was added under planning projects for the implementation of the
Destination Stewardship Management plan. These funds were appropriated in
2023 and are anticipated as savings in 2023 to be spent in 2024.
The current budget draft does not include the Vail Valley Foundation’s $1.0M
council contribution request.
General Fund expenses includes a one-time transfer of $28.0M and Housing
Fund includes a $9.0M transfer to support the redevelopment of Timber Ridge
Capital Projects Fund:
The reimbursement from the Vail Reinvestment Authority was decreased to
reflect expenditures savings previously adjusted in Lionshead snowmelt
repair expenditures. The total reimbursement is budgeted at $200K in 2024.
Includes $37.0M in transfers from the General Fund (28.0M) and Housing
Fund (9.0M) to support redevelopment costs of Timber Ridge (38.6M)
• Real Estate Transfer Tax Fund:
Anticipated transfer tax collections for 2024 were increased to $7.0M based
on 2023 increased actual collections. This estimate is flat with amended 2023
budget.
Town Council Meeting Minutes of November 7, 2023 Page 9
Council requested additional analysis regarding a plan to pay back $5.6M in
funds transferred from the General Fund to support the acquisition of the
Booth Heights parcel.
• Personnel
3.5 net new FTEs requested (Deputy Chief of Community Risk Reduction for
the Fire Department, Evidence Tech for the Police Department, upgrade of a
Parking Specialist from a seasonal employee to year-round, and a Digital
Content Coordinator for Economic Development) – One position proposed
offset with VLMD funds.
$112K placeholder funds for internal housing program
5.9% wage increase for merit increases and organization-wide rate
adjustment.
$750K compensation adjustments placeholder
• Employee Experience
Vacation Reinvestment program continued ($250K)
Wellness benefit same as prior year ($78K)
Contributions & Events
• Vail Valley Foundation Request: $1.0M
Payment of $1.0M towards the already-completed roof and solar project at the
Gerald R Ford Amphitheater (which cost $1.5M total) – To help support the
overall ~$20M capital improvement plan (2023-2028)
The VVF has expressed their intention to additionally request funds from 2025-
2028 for major renovations to the Gerald R Ford Amphitheater. They intend to
request $5M from 2024 through 2028. (25% of total estimated project cost)
The VVF intends to raise the other $15M required for this project from 2024-2028
through individual donors, institutional grants, and community partners.
Capital improvements expected over the next 5 years include main office building
and back of house improvements, concessions and grill improvements, east bar
& loading dock improvements, and pavilion seats, safety railing, and production
improvements.
Jakubiec stated due to the size of the Vail Valley Foundation’s request, staff would defer to
Council’s recommendation.
Town Council Meeting Minutes of November 7, 2023 Page 10
Council decided to defer the conversation to a future meeting after the first quarter.
Foley asked if the Vail Local Marketing District could contribute money to the project request.
Capital Expenditures: $63.2M
• Significant Capital Projects Planned in 2024 include:
$38.6M: Timber Ridge Redevelopment (Total project -$164.0M with the
developer financing the majority)
$1.75M: Data Center Main Stacks Replacement
$1.5M: Vail Mobility Hub Design Expansion (offset by $750K CDOT funding)
$1.5M: Vail Village Streetscape Snowmelt Infrastructure (underground pipeline
infrastructure)
$1.7M: Underground HCE from Main Vail to East Vail (Funded by Franchise
Fees)
$2.5M: Vail InDeed
$2.0M: Placeholder for Employee Rental Unit purchases
Jakubiec asked for Council’s input for the potential payback from the RETT Fund to the General
Fund due to the Booth Heights acquisition and presented the different options ranging from no
payback to a 10-year payback, which would be the most accelerated option.
Staufer asked what the staff’s payback recommendation that would be and wouldn’t interfere
with operations.
Jakubiec stated staff would either recommend no payback or a 30-year payback.
Russell asked if there was a more aggressive payback, would it effect future “wish-list” projects,
or would the Town not be able to pay for operations.
Jakubiec stated staff would look towards un-funding significant projects that were already in the
five-year plan before reducing operations.
Coggin stated he would not be able to support a 30-year or no payback option and would be
most comfortable with setting a RETT budget and anything above the budget for each year
would go to payback the General Fund, especially if there was a minimum of 2M reserve in the
RETT Fund.
Davis had concerns with the payback Coggin proposed because of the upcoming projects that
would be funded by the RETT Fund.
Town Council Meeting Minutes of November 7, 2023 Page 11
Mason agreed with Coggin’s proposition.
Staufer asked if Council was comfortable setting the payback at the 30-year rate and agreeing
to payback faster if the Town had the ability to.
Council recommended setting the payback at a 20-year rate with the understanding if there was
more in the budget, the Town would payback the fund faster.
Halloran asked if Council if they wanted every single dollar excess collected go toward the
additional payback, or would they prefer a budget presentation.
Council decided there would be an annual budget conversation, which could include new
programs or projects, and it would be up to that Council to set the budget for that year and
anything over that budget would go to payback the debt on top of the 20-year rate.
Jakubiec asked if there were any other changes Council wanted to make for the second reading
on November 21, 2023.
Coggin asked about the proposed rescue vehicle.
Forrest explained it was staff’s recommendation to include the rescue vehicle in the
appropriation, but prior to purchase, the item would be brought back to Council once staff heard
back from the other entities for a shared payment of the vehicle.
Public Comment was called. There was none.
Staufer made a motion to approve; Foley seconded; motion passed (6-0).
5.6 Ordinance No. 25, Series of 2023, First Reading, An Ordinance Banning Expanded
Polystyrene To-go Containers and Cups Per the State’s HB21-1162- the Plastic Pollution
Reduction Act
Presenter(s): Beth Markham, Environmental Sustainability Manager
Staff recommends the Vail Town Council approval of the first reading of Ordinance No. 25,
Series of 2023 to amend Title 5, Chapter 13 of the Town Code to include state-mandated
provisions on the prohibition of expanded polystyrene to-go food containers and cups at food
retailers with no changes or amendments.
Background: Proposed Ordinance No. 25, Series of 2023 amends Title 5, Chapter 13 of the Vail
Town Code to include the prohibition of expanded polystyrene to-go containers and cups for
ready-to-eat food in food retailers, including restaurants, grocery stores, convenience stores,
and school cafeterias as it pertains to state legislation HB21-1162, the Plastic Pollution
Reduction Act (PPRA).
Markham explained the code amendment was to comply with phase two of the PPRA that would
go into effect on January 1, 2024 and stated this was the state-mandated ban on distribution of
single use plastic carry out bags at retailers and expanded Styrofoam to-go containers and cups
Town Council Meeting Minutes of November 7, 2023 Page 12
for ready-to-eat food at food retailers, which includes restaurants, grocery stores, convenience
stores, and cafeterias in schools, prisons, and businesses.
Davis asked who set the fines.
Markham answered the State set the fines, although it was up to the local municipalities to
enforce the fines and explained Council could change the if they wanted to.
Markham stated the staff recommendation was to implement the polystyrene ban as
recommended by the State.
Markham explained as long as they polystyrene was purchased before January 1, 2024,
businesses could still use their stock until it was depleted.
Coggin wanted to make sure the communication was abundant to the business community.
Markham assured him there was appropriate communication around the change in code.
Foley asked if the change effected plastic ware.
Markham stated that would be part of phase three of the PPRA that would be introduced on July
1, 2024.
Public comment was called. There was none.
Davis made a motion to approve; Seibert seconded; motion passed (5-1, Foley opposed).
6. Public Hearings
6.1 Ordinance No. 21, Series of 2023, Second Reading, An Ordinance Amending Chapter
4 of Title 1 of the Vail Town Code by the Addition of a New Section 1-4-5, to Allow for
Penalty Assessments for Code Violations
Presenter(s): Justin Liffick, Deputy Chief of Police, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 21 Series of 2023 upon Second
Reading.
Background: Staff is requesting to add a penalty assessment to the penalty ordinance 1-4-1.
Liffick explained this was the second reading of the Penalty Assessment Ordinance and asked if
Council had any changes they would like to see to the proposed ordinance.
Coggin asked for clarification on the dumpster fine in reference to bears, he wanted to make
sure the fine was for $100.00 and not $1,000.00.
Liffick explained the fine was $1,000.00 to give the officers discretion when administering the
tickets.
Town Council Meeting Minutes of November 7, 2023 Page 13
Coggin asked how often officers were writing tickets for littering, excreting waste materials, and
were there fines for not cleaning up after dog waste.
Liffick stated depositing waste material was a frequent charge, but it was difficult to write fines
for littering and not cleaning up dog waste unless you were able to witness the act.
Coggin also asked about the mandatory address on a trash can under the bear section of the
ordinance.
Liffick explained the specifications to bears in the ordinance were broad purposefully to give
officers discretion.
Public comment was called. There was none.
Foley made a motion to approve; Staufer seconded; motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded motion passed (7-0), meet adjourned at 7:20 p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Bibbens, Town Clerk
Town Council Meeting Minutes of November 21, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, November 21, 2023
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Langmaid.
Members present: Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tem
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Matt Solomon, Castle Lodge No. 122 gave an update on the annual down valley toy store
tradition and asked for a donation to the cause.
Taylor Guardarian, Eagle County resident, proposed the Council look into Hydrino Energy
Cycle as a more efficient direct energy production.
Tom Vucich, Vail resident, thanked outgoing council members for their service and the entire
council for the civility of their proceedings.
Kate Cocchiarella, Vail resident, thanked the outgoing council members for their hard work and
dedication to keeping Vail the mountain paradise it was known for.
Dave Chapin, Vail resident, thanked the community for their support during the recent election,
thanked the outgoing council members for their conviction and for standing by their principles,
and thanked George Ruther, for his service as the Town of Vail Housing Director. Chapin also
explained while the speed bumps in the parking garages were done in the best interest of
safety, he felt the communication around their installation could’ve been better.
2. Any action as a result of executive session
There was none.
3. Proclamation
Town Council Meeting Minutes of November 21, 2023 Page 2
3.1 Proclamation No. 13, Series of 2023, "Colorado Gives Day"
Presenter(s): John Weiss, Small Champions Inc.
Background: Colorado Gives Foundation and FirstBank have partnered in an effort to increase
charitable giving in our community through the online giving initiative "Colorado Gives Day." In
2022, Colorado Gives Day raised $53 million statewide in a single 24-hour period via online
donations, with over $1.5 million to Eagle County nonprofits via 4,000 individual donations at
eaglecountycoloradogives.org. This website allows donors to direct their contributions to one or
more of the over 50 local Eagle County charities featured on the site, making it an ideal
resource for facilitating charitable giving to our locally-based nonprofits..
Council members took turns reading Proclamation into the record.
4. Consent Agenda
4.1 October 3, 2023 TC Meeting Minutes
Davis made a motion to approve, Foley seconded motion passed (7-0).
4.2 October 17, 2023 TC Meeting Minutes
Davis made a motion to approve; Mason seconded motion passed (7-0).
4.3 Resolution No. 46, Series of 2023, A Resolution Approving a Highway Maintenance
Agreement Between the Town of Vail and the Colorado Department of Transportation
("CDOT")
Approve, approve with amendments, or deny Resolution No. 46, Series of 2023.
Background: The Town of Vail provides snow removal services for the Vail Frontage Roads as
well as minor street maintenance. CDOT reimburses the town per an agreed-to value. This
agreement was changed from a 5-year agreement to an annual agreement in 2021. The value
of the agreement was increased for the coming year, the total value of the agreement is not to
exceed $155,000.00.
Mason made a motion to approve, Foley seconded motion passed (7-0).
4.4 Resolution No. 47, Series of 2023, A Resolution Approving An Intergovernmental
Agreement Between the Town of Vail and Eagle County for Animal Control Services; And
Setting Forth Details in Regard Thereto
Approve, approve with amendments, or deny Resolution No. 46, Series of 2023.
Background: This is an annual Intergovernmental Agreement the Town of Vail and Eagle
County enter to provide Animal Control Services within the town limits.
Town Council Meeting Minutes of November 21, 2023 Page 3
Coggin made a motion to approve, Davis seconded motion passed (6-1 Foley opposed).
Foley didn’t understand why the Town of Vail had to pay extra for services if the Town was
located in Eagle County.
5. Town Manager Report
5.1Town Manager Report
Forrest informed Council there would be a drilling rig at Ford Park for geothermal testing.
5.2 Council Matters and Status Report
6. Action Items
6.1 Resolution No. 45, Series of 2023, A Resolution of the Vail Town Council Approving
the Update to the Vail Land Use Plan Associated with the Rezoning of Lot G, Vail Village,
Filing No. 2
Presenter(s): Jonathan Spence, Planning Consultant and Greg Roy, Planning Manager
The Planning and Environmental Commission recommends the Town Council approve
Resolution No. 45, Series of 2023, to change the designation of 17 Vail Road, Vail Village Filing
No. 2, Lot G, also known as B.S. Condominiums, from Medium Density Residential to Transition
Area.
Background: The applicant, the Town of Vail, is requesting approval of a Land Use Plan map
amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the
designation of 17 Vail Road, Vail Village Filing No. 2, Lot G also known as B.S. Condominiums,
from Medium Density Residential to Transition Area.
Spence explained the current designation of the First Bank parcel was Medium Density
Residential, which was incompatible with the long-standing commercial use of the property.
Spence stated staff looked at other land use classifications and the classification that was most
appropriate was Transitional and this classification was unanimously recommended by the
Planning and Environmental Commission.
Coggin asked if the purpose of the change was for redevelopment.
Spence explained the change would bring the current uses compatible but would lay the
groundwork for possible redevelopment.
Davis asked if the CC1 Zoning reinforces the assumption the property would always be a bank.
Spence explained CC1 Zoning had a lot of restrictions, particularly on height, but would be a
more appropriate discussion during the rezoning ordinance later in the agenda.
Town Council Meeting Minutes of November 21, 2023 Page 4
Coggin clarified changing the Land Use Plan did not change zoning, it would be a two-step
process.
Mason asked what other properties were designated as Transitional.
Spence answered Mayor’s Park and properties along the north side of West Meadow Drive in
between the hospital and Four Seasons Hotel, (Skaal House).
Public Comment was called. There was none.
Davis made a motion to approve, Coggin seconded; motion passed (7-0).
6.2 Ordinance No. 27, Series of 2023, First Reading, An Ordinance Providing for the Levy
Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2023 Tax
Year and Payable in the 2024 Fiscal Year.
Presenter(s): Carlie Smith, Finance Director
Approve, approve with amendments, or deny Ordinance No. 27, Series of 2023, upon first
reading.
Background: Please see attached memo.
Smith explained the ordinance would authorize the collection of property taxes in 2024 based on
2023 assessed valuations of property within the town’s boundaries and Eagle County was
responsible for assessing values and for collecting property taxes on the Town’s behalf.
Smith stated the Town’s base Mill Levy was 4.69 mills but was 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.
Smith explained the Governor held a special session about property taxes since the bill that was
put forward on the ballot did not pass and there would be updates to the second reading on
impacts of the session on the December 5, 2023, Town Council meeting.
Public comment was called.
Coggin made a motion to approve; Staufer seconded motion passed (7-0).
7. Public Hearings
7.1 Ordinance No. 26, Series of 2023, First Reading, An Ordinance Rezoning Lot G, Vail
Village Filing No. 2 from Public Accommodation (PA) to Commercial Core 1 (CC1)
Presenter(s): Jonathan Spence, Planning Consultant and Greg Roy, Planning Manager
The Planning and Environmental Commission recommends approval of Ordinance No. 27,
Series of 2023, upon first reading, rezoning 17 Vail Road, Vail Village Filing No. 2, Lot G, aka
Town Council Meeting Minutes of November 21, 2023 Page 5
B.S. Condominiums, from the Public Accommodation (PA) District to the Commercial Core 1
(CC1) District.
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.
Spence explained 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 and 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.
Jim Telling, East West Partners, explained East West Partners had been working with First
Bank on potentially redeveloping the property, but when the project was brought to the staff at
the Town, it was determined the current zone designation wouldn’t allow for a redevelopment of
the bank.
Telling stated after discussions with staff, it was determined although there was no perfect
zoning fit for the type of use in the Town Code, CC1 would be the most appropriate.
Telling started to go through his presentation on possible redevelopment of the property.
Mire remined Council this was a Zoning Hearing, and if the property was rezoned, the existing
non-conforming uses would be conforming and appreciated the applicant wanted to give an idea
of possible redevelopment but wanted Council to focus on the Zoning application.
Telling opted to not continue with his presentation.
Russell asked Spence to remind Council and the community of the criteria and findings for a
rezoning application.
Spence stated the proposed amendment was consistent with applicable elements of the
adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan, that the
amendment would further the general and specific purposes of the zoning regulations and the
amendment promoted the health, safety, morals and general welfare of the Town.
Mason asked why the application was for CC1 and not CC2 and what were the differences
between the two zones.
Spence explained CC2 was for a specific subset of Vail Village, (buildings across from Solaris
Plaza) and the reason CC1 was chosen was because of the Urban Design Guide Plans
relationship to the surrounding properties and the Urban Design Guide Plan area extended over
to the First Bank site.
Town Council Meeting Minutes of November 21, 2023 Page 6
Roy explained the PEC discussed using a Commercial Service Center Zoning instead of CC1
but wasn’t as well as a fit as the CC1 Zoning in reference to the Urban Design Guidelines that
are in the Vail Village.
Roy went on to explain CC1 was subject to the Urban Design Guidelines that was specific to the
Village Core, which speaks to what the design aspects of the Village Core were, including
balconies, height, steeper pitches, less transparencies and more like the old-world nature that
the core village area had.
Davis asked if the parking spaces in front of First Bank were private.
Telling stated the parking spaces were public and owned by the Town.
Seibert asked if there was any allowance for the bank or any other commercial under the
current PA Zoning.
Spence explained the bank and financial institution use was neither a permitted or conditional
use in the PA Zoning District and the PA Zone District was specifically designed for lodges and
related type commercial, if the property was to be redeveloped under the current zoning, the
inclusion of a bank would not be possible.
Seibert summarized to keep the bank they would have to rezone, but if the Town wanted to
eventually end up with a building that fit with the current zoning, they would keep the zone
district the same as it was currently.
Telling stated First Bank wanted to keep a bank in the current location, as it was on of their
iconic locations.
Mire added to Seibert’s statement that the rezoning would fix a non-conformity, which was one
of the Council’s goals to eliminate existing nonconformities when there was an opportunity.
Staufer asked when it was appropriate for Council to address some of the public concerns
brought up about redevelopment.
Mire explained if there was an application put in for redevelopment, it would go to the PEC and
the application could be called up or appealed to the Town Council.
Staufer asked what Council’s involvement would be with cross-easements on the driveway.
Mire explained if there were easements, that would be handled in a development review
application depending on what was applied for.
Langmaid asked if anyone knew what the property was originally zoned as PA.
Mire stated more than likely it was because everything around the property was zoned PA.
Town Council Meeting Minutes of November 21, 2023 Page 7
Davis stated if Council wanted to clean up the inconformity, the proposed amendment would be
the way to do it.
Mire confirmed even if there wasn’t an application for rezoning, the proposed amendment would
take care of the non-conformity issue.
Telling addressed Staufer’s comments about redevelopment and explained it was their intention
to work with their neighbors on redevelopment designs before bringing a formal application to
the PEC.
Public comment was called.
Peggy Fuller, Villa Cortina, expressed concerns with the rezoning of the First Bank property and
stated she would prefer a Special Development District process.
Mason asked if there were other zoning options rather than the CC1.
Roy explained staff could only process what the applicant applied for.
Forrest added if the application could use an SDD.
Roy explained SDDs couldn’t vary uses, so an underlying zone district that allowed the use
would need to be in place prior to an SDD application.
Matthew Wyatt, Vail Interfaith Chapel, questioned whether CCI was the best rezoning option for
the First Bank parcel.
Davis asked about “spot zoning” and stated no matter what zoning was decided, it wouldn’t fit
with the rest of the surrounding districts.
Mire explained spot zoning was a legal term and was one of the criteria the Planning and
Environmental Commission had to define and could talk about it further with Council after the
meeting.
Roy further explained spot zoning was more of a technical term when property was non-
compliant with the comprehensive plan of the Town, which was one of the criteria that was
reviewed to see how the zoning fit with Town goals, adopted plans, master plans of the Town
and the purposes of the zoning ordinance.
Roy stated the PEC found the application was not spot zoning.
Forrest asked for more information on why the CC1 Zone District was consistent with the rest of
the village.
Roy explained Vail Village was predominantly CC1 Zone District and First Bank was in the
transition area between Lionshead and Vail Village, First Bank could be considered the
entrance into Vail Village and the rest of the CC1 Zoning.
Town Council Meeting Minutes of November 21, 2023 Page 8
Langmaid asked what kind of remodeling First Bank could do with it’s current zoning
classification.
Roy stated they could remodel the inside, but they would not be able to increase the non-
conforming use, which meant they would not be able to expand at all.
Spence added the residential uses were also non-conforming.
Coggin stated Council was dealing with the question at hand, which was cleaning up zoning for
an existing use.
Davis made a motion to approve based on the findings and staff criteria in the staff
memorandum dated November 21, 2023; Coggin seconded motion passed (4-3 Foley, Mason,
Staufer opposed).
7.2 Ordinance No. 22, Series of 2023, Second Reading, an Ordinance to Designate the
Zoning of the Proposed Addition to Lot 1, Timber Ridge Subdivision from Undesignated
to Housing (H) District
Presenter(s): Greg Roy, Planning Manager
The Planning and Environmental Commission voted to recommend approval of Ordinance No.
22, Series of 2023 upon second reading.
Background: This application proposes to zone the former CDOT right-of-way being
incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not
currently have a zoning designation as zoning is not applied to right-of-way. As this property is
proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a
consistent zoning designation is needed.
Roy explained the only change since the first reading was the effective date, which was moved
back from January 1, 2024, to March 1, 2024, to make sure the lot was sold and recorded prior
to the zoning taking place.
Public comment was called. There was none.
Staufer made a motion to approve; Coggin seconded motion passed (7-0).
7.3 Ordinance No. 24, Series of 2023, Second Reading, Annual Appropriation Ordinance:
Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs,
Expenses, and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2024
through December 31, 2024
Presenter(s): Alex Jakubiec, Budget Analyst and STR Manager
Approve, approve with amendments, or deny Ordinance No. 24, Series of 2023 upon second
reading.
Town Council Meeting Minutes of November 21, 2023 Page 9
Background: Please see attached memo.
Jakubiec explained the changes that were made since first reading, which included:
Expenditures
Health Insurance Fund:
The Health Insurance Fund reflects a decrease in expenditures of $717K offset by a
corresponding decrease of $400K in employee contributions.
Refined expenditures with transition to new insurance provider
One- year savings reflected due to single 12-month stop loss coverage instead of 24-
month coverage
• Residences at Main Vail Fund:
Reflects reimbursement of utilities billed back to residents separate from utility
expenditures previously combined. This is in accordance with governmental budget
basis accounting
• Real Estate Transfer Tax Fund:
The 20-year payback of the $5.6M transferred from the General Fund to support the
acquisition of the Booth Heights Parcel has been reflected.
Council also expressed a desire to accelerate this payback dependent on revenue
results each year, budget priorities and annual maintenance costs while also
maintaining a minimum fund balance of $2.0M. Annually, during the first
supplemental of the year when prior year end results are presented, staff will present
Council with an additional or increased payback option.
Coggin asked for four hands to donate $2,000.00 for the annual down valley toy store tradition.
Langmaid asked for a quick recap of the request from the Vail Valley foundation for the Gerald
R. Ford Amphitheater.
Jakubiec responded the Gerald R. Ford Amphitheater requested $1M to reimburse for their
solar installation and noted the project cost $1.5M and the amphitheater indicated this would be
the first of five requests to support the capital renovations at the Gerald R. Ford Amphitheater
that totaled $20M.
Jakubiec explained during first reading, Council asked for staff to come back early in the first
quarter of 2024 to revisit the request.
Town Council Meeting Minutes of November 21, 2023 Page 10
Langmaid stated there was a chance that after the appeals process with Vail Resorts, there was
an opportunity to ask Eagle County for $5M contribution and the 1M from donations from the
community members to help pay back the RETT Fund.
Public comment was called. There was none.
Mason made a motion to approve with the to include the amended the $2,000.00 contribution to
the toy store in Eagle; Coggin seconded motion passed (7-0).
7.4 Ordinance No. 25, Series of 2023, Second Reading, an Ordinance Banning Expanded
Polystyrene To-go Containers and Cups Per the State’s HB21-1162- the Plastic Pollution
Reduction Act
Presenter(s): Beth Markham, Environmental Sustainability Manager
Staff recommends the Vail Town Council approval of the second reading of Ordinance No. 25,
Series of 2023 to amend Title 5, Chapter 13 of the Town Code to include state-mandated
provisions on the prohibition of expanded polystyrene to-go food containers and cups at food
retailers with no changes or amendments.
Background: Proposed Ordinance No. 25, Series of 2023 amends Title 5, Chapter 13 of the Vail
Town Code to include the prohibition of expanded polystyrene to-go containers and cups for
ready-to-eat food in food retailers, including restaurants, grocery stores, convenience stores,
and school cafeterias as it pertains to state legislation HB21-1162, the Plastic Pollution
Reduction Act.
Markham explained this was a second reading of the ordinance that would update Title 5,
Chapter 13 of the Vail Town Code to include amendments relevant to Phase Two of HB21-
1162, the State of Colorado’s Plastic Pollution Reduction Act and there were no changes made
to the ordinance after first reading.
Coggin made a motion to approve. Mason seconded motion passed (6-1, Foley opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded motion passed (7-0), meet adjourned at 7:23 p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Bibbens, Town Clerk
1
12/14/2023
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8\@BCL@AC0B5FBB\@BCL@AC0B5FBB.DOCX
RESOLUTION NO. 50
SERIES 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL REAPPOINTING
CYRUS BUCK ALLEN III AS THE PRESIDING JUDGE OF THE VAIL
MUNICIPAL COURT
WHEREAS, pursuant to C.R.S. § 13-10-105 and § 7.2 of the Vail Town Charter
Cyrus Buck Allen III has served as the Presiding Judge of the Vail Municipal Court since
January 2, 1979; and
WHEREAS, the Town Council wishes to reappoint Cyrus Buck Allen III for an
additional two-year term, commencing on January 1, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. Cyrus Buck Allen III is hereby reappointed as the Presiding Judge of
the Vail Municipal Court for a two-year term commencing on January 1, 2024 and
terminating on December 31, 2025.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 19th day of December,
2023.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
1
RESOLUTION NO. 51
Series of 2023
A RESOLUTION APPROVING AN AMENDMENT TO DEED RESTRICTION
AGREEMENTS BETWEEN THE TOWN OF VAIL AND ALTUS VAIL UNIT
OWNER, LLC
WHEREAS, the Town and Altus Vail Unit Owner, LLC (“Altus”) are parties
to certain Deed Restriction Agreements, dated October 25, 2021 (the “Current
Agreements”);
WHEREAS,the Current Agreements allows Altus to lease the deed
restricted units for maximum period of 6 months at a time; and
WHEREAS, the Town and Altus wish to amend the Current Agreements, in
substantially the same form attached hereto as Exhibit A (the “Amended
Agreements”), to allow for Altus to lease the deed restricted units for up to 12
months at a time.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Amended Agreements in
substantially the same form attached hereto as Exhibit A, and in a form approved by the
Town Attorney, and authorizes the Town Manager to execute the Amended Agreements
on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of
Vail Town Council held this 19th day of December 2023.
_________________________
Travis Coggin, Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
COUNCIL MATTERS
Status Report
Report for December 19, 2023
Town Council congratulated the Vail Public Safety Communications Center on
being recognized by the Colorado Chapter of the National Emergency Number
Association and the Association of Public-Safety Communications Officials
(NENA/APCO) with three separate awards: Walt Hardesty Servant’s Heart Award,
Team of the Year and Director of the Year.
Council inquired about assigning a Code Enforcement Officer at the Drop off
/Pickup location near Christiania during traditionally busy times to help traffic flow
and enforcement.
Council promoted the new “Kringle Crossing” display at International Bridge
and the VRD Sweater Run event!
Council also recognized town staff winners of the Customer Service Rewards!
Social Media Listening
Sprout Link
Sprout Listening pulls mentions and conversations around topics relating to the Town of Vail from across
online platforms; sources include the web, Facebook, Instagram, X, Reddit, LinkedIn, Tumblr and
YouTube. It has certain limitations on what content it can scan based on each platform’s privacy and
moderation controls. The Communications department regularly modifies the search filters and
sentiment valuation terms in an effort to make the report as relevant as possible. A report is pulled the
Wednesday before each council meeting of the conversations from the 2 to 3 weeks prior (based on
when council meets).
You can modify this report link, it won’t disrupt anything so feel free to play around with it:
https://share.sproutsocial.com/view/63630b49-04ab-4e03-a30b-4904ab7e035e
In the News______________________________________________________
Dec. 2
Shop with a Cop
https://www.realvail.com/community-donations-needed-for-21st-annual-eagle-county-shop-with-a-
cop/a17882/
Dec. 3
Housing for Locals
https://www.wsj.com/story/nantucket-and-vail-try-to-find-room-for-locals-5d4828e3
Dec. 4
Recycling Center
https://www.vaildaily.com/news/the-future-of-vails-community-recycling-center-is-uncertain/
Small Town, Big Parking Woes - Column
https://www.vaildaily.com/opinion/carnes-small-town-big-city-parking-woes/
Eagle Villas
https://www.vaildaily.com/news/expiring-tax-credits-mean-eagle-villas-apartments-may-become-
market-rate-units-at-the-end-of-2025/
Dec. 5
Mayor
https://www.vaildaily.com/news/its-unanimous-travis-coggin-is-vails-newest-mayor/
Recycling Center
https://www.cbsnews.com/colorado/news/vail-considers-dumping-community-recycling-center-bad-
behavior-colorado-users/
Dispatch Awards
https://www.realvail.com/vail-public-safety-center-wins-multiple-awards/a17921/
Dec. 6
Mayor and Mayor Pro Tem
https://www.realvail.com/coggin-davis-to-serve-as-vail-mayor-and-mayor-pro-tem/a17930/
Booth Heights - letter
https://www.vaildaily.com/opinion/letter-booth-heights-fight-leads-to-questions/
Dec. 7
Speed Bumps
https://www.vaildaily.com/news/back-on-town-council-vails-former-mayor-goes-after-new-speed-
bumps-in-parking-structures/
Snow Removal Reminders
https://www.vaildaily.com/news/vails-winter-snow-removal-operations-are-underway/
Dec. 8
Snowboard Theft
https://www.denver7.com/news/local-news/vail-police-searching-for-suspect-accused-of-stealing-
snowboard
https://denvergazette.com/outtherecolorado/news/vail-police-search-for-suspect-in-snowboard-theft-
case/article_a74ff7b4-95ef-11ee-b63d-73c08a1b9d8a.html
https://unofficialnetworks.com/2023/12/08/vail-police-alleged-snowboard-theft/
Dec. 9
Jen Mason Exit Interview
https://www.vaildaily.com/news/jen-mason-a-worker-bee-who-was-always-in-the-know-reflects-on-8-
years-on-vail-town-council/
Dec. 11
Dobson Remodel Project
https://www.vaildaily.com/news/can-vail-keep-the-dobson-remodel-within-its-55-million-budget/
Statewide STR Tax Increase Discussion
https://www.vaildaily.com/news/should-colorado-see-statewide-short-term-rental-tax-increase/
Dec. 12
Colorado Ski Towns Have A Huge Housing Crisis On Their Hands
https://www.powder.com/region-colorado/colorado-ski-towns-have-a-huge-housing-crisis-on-their-
hands
Upcoming Council Events
o December 17 Vail Village Tree Lighting, 5pm
o December 29 10
th Mountain Parade
o December 31 NYE Torchlight Parade and Fireworks
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
MEMORANDUM
To: Vail Town Council
From: George Ruther, Housing Director
Date: December 19, 2023
Re: Resolution No. 49, Series of 2023 – West Middle Creek Village Apartments Pre-
Development Agreement
I. Purpose
The Town of Vail Housing Department has been tasked with negotiating a pre-development
agreement for the entitlement process to develop the West Middle Creek Village Apartments.
The purpose of this agenda item is to hold a public hearing on a request for approval of
Resolution No. 49, Series of 2023, a resolution of the Vail Town Council approving a pre-
development agreement between the Town of Vail and Corum Real Estate Group, and
authorizing the Town manager to execute the agreement on behalf of the Town. A copy of the
Resolution and the Pre-development Agreement have been attached for reference.
This agenda items advances the critical actions identified in the Vail Town Council Action Plan,
furthers the adopted housing goal of the Town of Vail, and aids Vail in realizing its vision to be
the premier international mountain resort community.
II. Project Description
The Vail Town Council has prioritized the development of the West Middle Creek Village
Apartments as a critical action, consistent with a list of redevelopment goals and objectives
adopted by the Town Council. A copy of the redevelopment goals and objectives have been
attached for reference.
Town of Vail Page 2
The West Middle Creek Village Apartments are to be the result of a public/private partnership
between the Town of Vail and Corum Real Estate Group, to deliver a significant increase in the
supply of deed-restricted home available to local residents within the Vail community. As
currently contemplated, the West Middle Creek Village Apartments include the new construction
of +/-264 deed-restricted residential homes in 3 separate buildings with a total of +/- 416 beds.
A total of up to 253 enclosed spaces are anticipated along with convenient access to public
transportation and added mobility solutions ensures the transportation needs of the residents
are met today and into the future.
The 3 new buildings will be comprised of a total of 68 studio, 116 one-, and 80 two-bedroom
homes. These homes will be available for rent and all must be occupied by individuals who work
at least 30 hours per week in Eagle County and earn a minimum of 75%of their annual income
from said business.
The proposed development site includes the town-owned West Middle Creek Parcel and the
portion of adjacent CDOT ROW. The Colorado Transportation Commission has granted
approval for CDOT to dispose of the property for fair market value.
III. Pre-Development Agreement
The Town of Vail Housing Department was tasked with negotiating a pre-development
agreement with Corum Real Estate Group, based upon the input and direction received from the
Vail Town Council. The success of the negotiated agreement relies heavily upon the financial
participation of the Town of Vail in seeding the $3.9M in funds required for the entitlement
process. With an estimated total development cost of approximately $110M, West Middle Creek
Village Apartments will be the second largest capital investment made towards resident housing
in Vail’s history. In the end, the Town’s total seed money contribution will be fully reimbursed
upon the issuance of the revenue bond financing. Most importantly, not only does this funding
approach lessen the financial challenges of the entitlement process and create the opportunity
for the Town to development the West Middle Creek Village Apartments, but this approach also
ensures the ability to reinvest the Town’s limited financial resources to deliver more housing
solutions in the future. The $3.9M in funds will be distributed from the Town’s Vail InDEED
Fund. The current fund balance, along with future appropriations, adequately covers the
expense. The Vail Local Housing Authority has expressed their unanimous support for the
proposed funding approach.
The following summarizes the pre-development agreement terms recommended for approval in
Resolution No. 49, Series of 2023:
Pre-Development Agreement Terms:
o The Town of Vail shall contribute the land, subject to a ground lease, and provide
the seed money to fund the entitlement process. The scope of work of the
entitlement process includes conceptual design through the completion of
construction documents and the issuance of a building permit. Estimated costs
for this work is $3.9M.
Town of Vail Page 2
o The Town of Vail shall be a co-applicant on all required development applications
and shall be authorized to sign said applications.
o As co-applicants, the Town and Corum Real Estate Group shall mutually agree
on all plans and material specifications. Plans and specifications shall be
incorporated into a future development agreement by reference.
o All entitlement work, including, but not limited to, design development,
engineering, testing, reporting, permitting and construction documentation, shall
be contracted directly through the Corum Real Estate Group with its general
contractor and any sub-consultants, and not with the Town of Vail.
o The Town of Vail reserves the right to review all agreements between Corum
Real Estate Group and its contractor.
o The Town of Vail shall be responsible for the legal subdivision of the property,
including zoning.
o Corum Real Estate Group shall adhere to the following entitlement process
milestone schedule:
Final Design Review Board Application Submittal – Anticipated May 22,
2024
Initial Guaranteed Maximum Price – Anticipated August 1, 2024
Building Permit Application Submittal – Anticipated December 23, 2024
Guaranteed Maximum Price Contract Received – Anticipated March 3,
2025
Begin Start of Construction – Anticipated May 2, 2025
IV.Next Steps
The entitlement process for the West Middle Creek Village Apartments is planned to commence
in earnest January 8, 2024 with a joint meeting of the Town of Vail Planning & Environmental
Commission and the Design Review Board. On January 8, the project design team will present
a high-level overview of the project, the initial planning, and the schedule for the development
review process. While not yet a formal application, the Housing Department has identified this
step as a means of improving upon the effectiveness and efficiencies of the development review
process.
The entitlement process will occur between now and March 1, 2025. More importantly, to
remain on schedule, a building permit application for the first phase of development shall be
submitted by no later than December 23, 2024. To that end, the development review
applications shall be submitted to the Town of Vail Community Development Department by no
later than February 6, 2024, for an initial public meeting. All meetings are open to the public
and members of the public are encouraged to participate in the review of this important
community project.
V.Recommendation
The pre-development agreement achieves the development goals and objectives affirmed by
the Vail Town Council at the start of the West Middle Creek Village entitlement process. As
proposed, the development seizes the housing opportunity afforded by creating approximately
264 net, new deed-restricted homes on the site, prioritizes homes over parking, ensures a 100%
Town of Vail Page 2
deed-restricted development, creates 100% electrification of the buildings, optimizes the use of
the site, ensures financial sustainability through the innovative approach of partnering with the
private sector partner, and cements Vail’s role as a leader in the delivery of homes for local
community residents. Further, the proposed agreement minimizes any financial subsidy
required of the Town of Vail to deliver 270, deed-restricted homes thereby increasing the
Town’s ability to deliver additional housing solutions for the Vail community, and ensures a
construction start on May 2, 2025. Lastly, a third-party real estate development consultant
analyzed the development deal structure and expressed support for the approach and terms as
presented.
The Town of Vail staff recommends the Vail Town Council approves Resolution No. 49,
Series of 2023, as presented. Upon doing so, the town staff and Corum Real Estate
Group will continue taking the steps necessary to commence construction by no later
than May 2, 2025.
Redevelopment Goals and Objectives
The following redevelopment goals and objectives were adopted by the Vail Town Council
and will be used to guide future decision-making:
Seize the full opportunity - The redevelopment of the Timber Ridge Village Apartments
will serve an integral role in strengthening the supply of deed-restricted homes in Vail by
providing for a minimum of 200 dwelling units.
Deed-restricted homes are the highest priority - 100% of the new homes shall be
deed-restricted for resident occupancy with preference granted to employees working at
businesses in the Town of Vail.
Optimize this housing opportunity - Given the scarcity of developable land for deed-
restricted homes in Vail, the density, height, and scale of the redevelopment shall be
optimized within the parameters of the Town’s adopted land use regulations, building
and fire codes, and other applicable code provisions.
Minimize the impacts of the short-term loss of homes- Construction of the
redevelopment project shall not begin prior to the issuance of a certificate of occupancy
for the Residences at Main Vail to minimize the negative impacts of vacating the Timber
Ridge Village Apartments during construction.
A market study shall drive the program and design - Timber Ridge Village
Apartments shall be redeveloped to meet the current and future housing needs of year-
round and seasonal Vail residents based upon the findings and conclusions of an
updated housing needs and demand market study.
Environmental stewardship is a community value – Environmental sustainability best
practices shall be incorporated into the design, construction, and future operations of the
new buildings including 100% electrification, solar array installation, car share program,
beyond energy conservation code construction, water conservation measures, high
efficiency systems, durable materials, etc.
Town of Vail Page 2
Cost is a key consideration - Financial sustainability and fiscal responsibility are key
considerations of the long-term affordability of the homes and operational/maintenance
needs of the property owner.
Time is of the essence - Understanding the critical housing needs of the Vail
community and Eagle River Valley as well as the importance of meeting the growing
demands, the redevelopment of the Timber Ridge Village Apartments shall be
completed within 24 months of its demolition.
Prioritize homes over cars - Due to its convenient location to the West Vail community
commercial area and ease of access to the primary employment centers in Vail via
public transit, emphasis shall be placed on optimizing the number of residential homes
rather than maximizing the number of vehicles parking spaces.
Lead by example – The process and outcome of the redevelopment of the Timber
Ridge Village Apartments shall exemplify leadership in delivering on housing and shall
align with Vail’s place amongst leaders in the mountain resort communities.
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RESOLUTION NO. 49
SERIES OF 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A PRE-
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND
CORUM REAL ESTATE GROUP, INC.
NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO THAT:
Section 1. The Town Council hereby approves the Pre-Development
Agreement in substantially the same form attached hereto, subject to approval by the
Town Attorney. Upon such approval, the Town Manager is authorized to execute the
Development Agreement on behalf of the Town.
INTRODUCED, READ, PASSED AND ADOPTED THIS 19
th DAY OF
DECEMBER, 2023.
________________________________
Travis Coggin, Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
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PRE-DEVELOPMENT AGREEMENT
(West Middle Creek Village Apartments)
THIS PRE-DEVELOPMENT AGREEMENT (this "Agreement") is made on the
_____day of December, 2023 (the "Effective Date"), by and between the Town of Vail, a
Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO
81657 (the "Town") and Corum Real Estate Group, Inc., a Colorado corporation with an
address of 650 South Cherry Street, Suite 1200, Denver, CO 80246 ("Corum") (each a
"Party" and collectively the "Parties").
WHEREAS, the Town owns the real property described as Lots 4 & 5, Middle
Creek Subdivision, and a portion of Tract A, Middle Creek Subdivision (the "Existing
Property");
WHEREAS, the Town is acquiring the real property described in Exhibit A,
attached hereto and incorporated herein by this reference (the "CDOT Property");
WHEREAS, following acquisition of the CDOT Property, the Town will consolidate
the Existing Property and the CDOT Property into a single parcel (the "WMC Property");
and
WHEREAS, the Parties intend to cooperate in the development of the WMC
Property as a 100% deed-restricted rental employee housing project with rents targeted
at a blended Area Median Income of 110%, with the WMC Property containing
approximately 267 dwelling units, 348 beds, and 231 parking spaces (the "WMC Project").
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. Purpose. The purpose of this Agreement is to establish the terms of the pre-
development activities of the Parties related to the WMC Project, and also to establish
terms for future development agreements, ground leases and other necessary
agreements for the WMC Project to be designed, entitled, constructed and operated.
2. Pre-Development Services.
a.Management. Corum shall be responsible for the day-to-day coordination,
administration and management of the pre-development stage of the WMC Project,
including without limitation: securing financing; designing the WMC Project; preparing all
necessary entitlement documents; and overseeing all consultants; all while complying
with the schedule set forth in Exhibit B, attached hereto and incorporated herein by this
reference, and the budget set forth Exhibit C, attached hereto and incorporated herein
by this reference. Corum hereby warrants that it is qualified to assume the responsibilities
and render the services described herein and has all requisite corporate authority and
professional licenses in good standing, required by law.
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b.Development Applications and Plans. The Parties, as co-applicants, will file
all necessary development applications for the WMC Project. The Town shall pay all costs
for preparation of the development applications and plans for the WMC Project, pursuant
to a monthly draw process to be established by the Parties.
c.Timing. Corum shall commence the pre-development services on the
Effective Date and diligently pursue WMC Project development applications and
entitlements in accordance with the schedule set forth in in Exhibit B.
d.Compensation. As compensation for the pre-development services, the
Town shall pay Corum $35,000 per month, for a period not to exceed 18 months, provided
that Corum is fulfilling its obligations under this Agreement (the "Pre-Development
Services Fee"). The Town shall pay Corum $25,000 per month, and the balance of
$10,000 per month shall accrue and be withheld by the Town as retainage until the next
subsequent milestone is met in accordance the schedule set forth in Exhibit B,at which
time the Town shall pay Corum the retained amounts earned since the last milestone.
e.Standard of Care. The pre-development services performed by Corum shall
be in accordance with generally accepted professional practices and the level of
competency presently maintained by other practicing professional firms in the same or
similar type of work in the applicable community. Corum shall at all times comply with all
applicable law, including without limitation all current and future federal, state and local
statutes, regulations, ordinances and rules relating to: the emission, discharge, release
or threatened release of a hazardous material into the air, surface water, groundwater or
land; the manufacturing, processing, use, generation, treatment, storage, disposal,
transportation, handling, removal, remediation or investigation of a Hazardous Material;
and the protection of human health, safety or the indoor or outdoor environmental,
including without limitation the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials
Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery
Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. §
2601,et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the
Federal Water Pollution Control Act; the Occupational Safety and Health Act; all
applicable environmental statutes of the State of Colorado; and all other federal, state or
local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees
regulating, relating to, or imposing liability or standards of conduct concerning any
hazardous, toxic or dangerous waste, substance or material, in effect now or anytime
hereafter.
f.Ownership. All materials, items, and work developed by or under the
direction of Corum under this Agreement shall be exclusively owned by the Town. Corum
expressly acknowledges and agrees that all work performed under this Agreement
constitutes a "work made for hire." To the extent, if at all, that it does not constitute a
"work made for hire," Corum hereby transfers, sells, and assigns to the Town all of its
right, title, and interest in such work. The Town may, with respect to all or any portion of
such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify,
adapt, translate, or change such work without providing notice to or receiving consent
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from Corum; provided that Corum shall have no liability for any work that has been
modified by the Town.
g.Termination. The Town may terminate the pre-development services of
Corum at any time, for any reason, upon 7 days' prior written notice. The Town shall pay
Corum for all work previously authorized and completed prior to the date of termination.
If, however, Corum has substantially or materially breached this Agreement, the Town
shall have any remedy or right of set-off available at law and equity.
3. WMC Project Parameters.
a.Development Agreement. The Parties agree to enter into good faith
negotiations regarding the terms of a development agreement (the "Development
Agreement") to govern the WMC Project.
b.Deed Restriction. The WMC Property and the WMC Project will be subject
to a deed restriction in the Town's standard form.
c.Units. The Parties will cooperate to establish the number of units to be
constructed and the appropriate unit types for the WMC Project, though the Parties
anticipate that the WMC Project will include approximately 267 dwelling units and 348
beds.
d.Parking. The WMC Project will include approximately 231 parking spaces.
e.Taxes. The Parties anticipate that the WMC Project will be owned by a non-
profit corporation and as such, will be exempt from property taxes. However, if necessary
for tax purposes, the Vail Local Housing Authority will be granted a nominal ownership
interest in the entity formed by Corum to construct, own, and manage the WMC Project.
f.Ground Lease. The Town and Corum or the development entity will enter
into a long-term ground lease for the WMC Property, at nominal cost to Corum or the
development entity. Upon expiration of the ground lease, all improvements on the WMC
Property shall transfer to the Town. Throughout the term of the ground lease, Corum
shall maintain such improvements in an acceptable condition, and to maintain adequate
capital improvements reserve funds. The Town's interest in the ground lease will be freely
assignable following the issuance of a certificate of occupancy for the WMC Project,
without Corum's consent.
g.Financing. The Parties anticipate that the WMC Project will be financed
with low cost, tax exempt bonds issued through a not-for-profit corporation such as the
Town or the Vail Local Housing Authority, with repayment of the bonds from revenues
collected from the WMC Project. The total bond issuance will secure the cost of both the
initial construction of the WMC Project and permanent financing upon completion. The
total bond issuance shall also include amounts necessary to reimburse the Town for all
costs incurred by the Town to entitle the WMC Project, including without limitation the
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preparation of the development plans and applications and the Pre-Development
Services Fee paid to Corum.
h.Development Fee. Corum shall manage the development of the WMC
Project, and as compensation for such services, Corum may collect a development fee
of 5% of all managed costs of the WMC Project, not to exceed $5,375,000 (the
"Development Fee"), provided that 50% of the Development Fee to be deferred and later
collected out of net operating income from the WMC Project. The payment of the
Development Fee shall be based upon the completion of key design
development/entitlement process milestones set forth Exhibit B. All amounts paid as the
Pre-Development Services Fee shall be deducted from the Development Fee.
i.Property Management. Upon completion of the WMC Project, Corum shall
manage the WMC Project, and as compensation for such management, Corum may
collect a property management fee of 3% of gross annual revenue collected from the
leasing of the units in the WMC Project, subject to a property management agreement to
be executed by the Parties. The property management agreement shall detail the scope
of property management services to be provided.
4. Town's Obligations.
a.Fees. The Town shall waive all development application fees and building
permit fees for the WMC Project, up to a maximum of $1,700,000.
b.Taxes. The Town shall rebate all of the Town's construction materials use
tax imposed on the WMC Project, on a schedule to be set forth in the Development
Agreement.
c.Staff Project Manager. Within 30 days of the Effective Date, the Town shall
assign a dedicated staff member to coordinate the pre-development activities with Corum
and to facilitate efficient, timely, and responsive development application review and
entitlement processes.
5. Insurance.
a.Coverages. Corum agrees to procure and maintain, at its own cost, a policy
or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by Corum pursuant to this Agreement. At a minimum, Corum shall
procure and maintain, and shall cause any subcontractor to procure and maintain, the
insurance coverages listed below, with forms and insurers acceptable to the Town.
i. Worker's Compensation insurance as required by law.
ii. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
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coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision,
and shall include the Town and the Town's officers, employees, and contractors
as additional insureds. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
iii. Professional liability insurance with minimum limits of $1,000,000 each
claim and $2,000,000 general aggregate.
b.Limitations. Such insurance shall be in addition to any other insurance
requirements imposed by law. The coverages afforded under the policies shall not be
canceled, terminated or materially changed without at least 30 days prior written notice
to the Town. In the case of any claims-made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage. Any
insurance carried by the Town, its officers, its employees or its contractors shall be excess
and not contributory insurance to that provided by Corum. Corum shall be solely
responsible for any deductible losses under any policy.
c.Certificate. Corum shall provide to the Town a certificate of insurance as
evidence that the required policies are in full force and effect. The certificate shall identify
this Agreement.
6. Indemnification. Corum agrees to indemnify and hold harmless the Town and its
officers, insurers, volunteers, representative, agents, employees, heirs and assigns from
and against all claims, liability, damages, losses, expenses and demands, including
attorney fees, on account of injury, loss, or damage, including without limitation claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this Agreement if such injury, loss, or damage is caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of
Corum, any subcontractor of Corum, or any officer, employee, representative, or agent of
Corum, or which arise out of a worker's compensation claim of any employee of Corum
or of any employee of any subcontractor of Corum. Corum's liability under this
indemnification provision shall be to the fullest extent of, but shall not exceed, that amount
represented by the degree or percentage of negligence or fault attributable to Corum, any
subcontractor of Corum, or any officer, employee, representative, or agent of Corum or
of any subcontractor of Corum.
7. Miscellaneous.
a.Severability. If any provision of this Agreement is determined to be
unenforceable by a court of competent jurisdiction, such determination shall not affect
any other provision hereof, and all of the other provisions shall remain in full force and
effect.
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b.Integration. This Agreement represents the entire agreement between the
Parties with respect to the subject matter hereof, and all prior or extrinsic agreements,
understandings or negotiations shall be deemed merged herein.
c.Waiver. No provision of this Agreement may be waived to any extent unless
and except to the extent the waiver is specifically set forth in a written instrument executed
by the Party to be bound thereby. The Town's review, approval or acceptance of, or
payment for any services shall not be construed to operate as a waiver of any rights under
this Agreement or of any cause of action arising out of the performance of this Agreement.
d.Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
e.Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado, and venue for any legal
action arising out of this Agreement shall be in Eagle County, Colorado.
f.No Third Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this Agreement, nor shall any third party have any rights to enforce this
Agreement in any respect.
g.No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties, and nothing contained in this Agreement shall be construed
as making the Parties joint venturers or partners.
h.Notices. A notice under this Agreement shall be in writing and be given by
U.S. Mail, postage prepaid, to the address set forth on the first page of this Agreement.
i.Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town under this Agreement are specifically
contingent upon annual appropriation of funds sufficient to perform such obligation. This
Agreement shall never constitute a debt or obligation of the Town within any statutory or
constitutional provision.
j.Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town and its officials, representatives, attorneys and
employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101,et seq., as amended.
k.Force Majeure. Neither Party shall be in breach of this Agreement if a failure
to perform any of the duties under this Agreement is due to Force Majeure, which shall
be defined as the inability to undertake or perform any of the duties under this Agreement
due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor
disputes, forces of nature, pandemics or the authority and orders of government.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL
________________________________
Russell Forrest, Town Manager
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
CORUM REAL ESTATE GROUP, INC.
________________________________
Eric M. Komppa, President
STATE OF COLORADO )
) ss.
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this ____ day of
December, 2023, by Eric M. Komppa as President of Corum Real Estate Group, Inc..
My commission expires:
_______________________________
Notary Public
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EXHIBIT A
CDOT Property
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EXHIBIT B
Schedule and Milestones
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EXHIBIT C
Budget
Resolution No. 49, Series of 2023
Exhibit B
Milestones Addendum
The following predevelopment schedule milestones are identified for the purpose of compensation as
described in Section 2d:
1. Final Design Review Board Application Submittal – Anticipated May 22, 2024 (Line #69)
2. Initial Guaranteed Maximum Price – Anticipated August 1, 2024 (Line #96)
3. Building Permit Application Submittal – Anticipated December 23, 2024 (Line #121)
4. Guaranteed Maximum Price Contract Received – Anticipated March 3, 2025 (Line #118)
5. Begin Start of Construction – Anticipated May 2, 2025 (Line #131)
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Resolution No. 49, Series of 2023
EXHIBIT C
Pre- Development Budget
Resolution No. 49, Series of 2023
12/13/2023
HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 29, SERIES OF 2023
(HOUSING)/ORDINANCE NO. 29, SERIES OF 2023.DOCX
ORDINANCE NO. 29
SERIES 2023
AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF THE VAIL
TOWN CODE TO AMEND THE CURRENT HOUSING DISTRICT
REGULATIONS AND TO ESTABLISH A NEW HOUSING DISTRICT, AND
AMENDING SECTIONS 14-6-7 AND 14-10-9 OF THE VAIL TOWN CODE
TO INCREASE THE MAXIMUM HEIGHT OF RETAINING WALLS IN THE
HOUSING DISTRICTS
WHEREAS, on December, 11, 2023, the Planning and Environmental Commission
held a properly-noticed public hearing on proposed amendments to the current Housing
District regulations, the establishment of a new Housing District, and the increase in the
height of retaining walls in the Housing Districts, and recommended that the Town Council
approve such amendments;
WHEREAS, the Town's economy is largely tourist based and the health of this
economy is premised on exemplary service for the Town's guests, and the Town's ability
to provide such service is dependent upon a strong, high quality and consistently
available work force;
WHEREAS, to achieve such a work force, the Town must work to provide quality
living and working conditions, and the availability of community housing plays a critical
role in creating quality living and working conditions for the work force; and
WHEREAS, the Town recognizes a permanent, year-round population plays an
important role in sustaining a healthy, viable community, and the Town has a role, in
conjunction with the private sector, in ensuring that housing is available.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Article 6I of Chapter 6 of Title 12 of the Vail Town Code is hereby
repealed in its entirety and reenacted to read as follows:
ARTICLE 12-6I: HOUSING (H) DISTRICT
§ 12-6I-1. PURPOSE.
The Housing District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. This zone district allows
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The Housing District
is intended to ensure that employee housing is appropriately located and
designed to meet the needs of residents of the Town, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses.
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§ 12-6I-2. PERMITTED USES.
The following uses are permitted in the H District:
(1) Bicycle and pedestrian paths;
(2) Wireless communications facilities;
(3) Employee housing units;
(4) Passive outdoor recreation areas and open space.;
(5) Public buildings, grounds and facilities;
(6) Public parks and recreational facilities; and
(7) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6I-3. CONDITIONAL USES.
The following conditional uses are permitted in the H District, subject to
issuance of a conditional use permit:
(1) Public and private schools; and
(2) Commercial uses secondary and incidental to employee
housing and specifically serving the needs of the residents, including the
following:
(a) Automated teller machines;
(b) Banks and financial institutions;
(c) Business offices and professional offices;
(d) Eating and drinking establishments;
(e) Funiculars and other similar conveyances;
(f) Health clubs;
(g) Personal services, including, but not limited to, laundromats,
beauty and barber shops, tailor shops and similar services; and
(h) Retail stores and establishments.
§ 12-6I-4. ACCESSORY USES.
The following accessory uses are permitted in the H District:
(1) Home occupations, subject to issuance of a home occupation
permit;
(2) Childcare facilities;
(3) Private greenhouses, toolsheds, playhouses, attached
garages or carports, swimming pools or recreation facilities customarily
incidental to permitted residential uses; and
(4) Dwelling units other than employee housing units, if:
3
(a) Such dwelling units are created solely for the purpose of
subsidizing employee housing on the property;
(b) Such dwelling units are not the primary use of the property.
(c) The GRFA for such dwelling units does not exceed thirty
percent (30%) of the total GRFA constructed on the property;
(d) Such dwelling units are only created in conjunction with
employee housing; and
(e) Such dwelling units are compatible with the proposed uses
and buildings on the site and are compatible with buildings and uses
on adjacent properties; and
(5) Other uses customarily incidental and accessory to permitted
or conditional uses, and necessary for the operation thereof.
§ 12-6I-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6I-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6I-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6I-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6I-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-two and a half (82.5) feet.
§ 12-6I-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6I-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6I-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit. Applications shall include: number and layout of
parking spaces being provided onsite; details of any offsite parking being
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provided; details of bicycle parking provided onsite; and provisions for guest
parking and assigned parking spaces.
§ 12-6I-13. MOBILITY.
(1) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(2) Mobility Management Plan. The Mobility Management Plan shall
include:
(a) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(b) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(c) A professionally produced parking study, unless a
determination is made by the Administrator that such study is unnecessary
due to the scale and character of the proposal;
(d) Existence of any bike or vehicle share/shuttle program;
(e) Covered/protected/secured bike parking/storage;
(f) Provisions for guest parking and management;
(g) Provisions for seasonal variations; and
(h) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(3) Review criteria. To be approved, a Mobility Management Plan shall:
(a) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(1) Hierarchy of bus routes (regional vs. local);
(2) Proximity to job centers; and
(3) Proximity to commercial area.
(b) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs; and
(4) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(a) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
5
(b) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(c) Personal vehicles shall not be parked in the public right-of-
way.
(d) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved site plan.
(e) At no times shall parking extend into required drive aisles.
(f) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(g) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(5) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(a) Number of occupied units and number of residents per unit.
(b) Usage of mobility services;
(c) Results of surveys of residents concerning parking;
(d) Reports of any code enforcement/fire/parking complaints; and
(e) A parking utilization study during summer and winter.
(6) Enforcement. Failure to comply with a Mobility Management Plan
shall be considered a zoning violation under § 12-3-9 of this Title.
(7) Amendment Procedures.
(a) Amendments to an approved Mobility Management Plan shall be
reviewed by the Planning and Environmental Commission Meeting at a public
hearing in accordance with 12-3-6.
§ 12-6I-14. LOCATION OF BUSINESS ACTIVITY.
(1) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(2) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment s own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
6
Section 2. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6L, to read as follows:
ARTICLE 6L: HOUSING TWO (H-2) DISTRICT
§ 12-6L-1. PURPOSE.
The H-2 District is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing,
cannot be adequately regulated by the development standards prescribed
for other residential zone districts. The H-2 District provides flexibility to
provide for the critical need for housing to serve local citizens and
businesses, and to provide for the public welfare. The H-2 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The H-2 District is
intended to apply to properties located in areas developed with low density
residential uses where it may be more appropriate to have lower residential
building forms.
§ 12-6L-2. PERMITTED USES.
The following uses are permitted in the H-2 District:
(1) Bicycle and pedestrian paths;
(2) Wireless communication facilities;
(3) Employee housing units;
(4) Passive outdoor recreation areas, and open space;
(5) Public buildings, grounds and facilities;
(6) Public parks and recreational facilities; and
(7) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6L-3. CONDITIONAL USES.
The following conditional uses are permitted in the H-2 District, subject to
issuance of a conditional use permit:
(1) Public and private schools; and
(2) Commercial uses which are secondary and incidental to the
use of employee housing and specifically serving the needs of the residents
of the development, and developed in conjunction with employee housing,
in which case the following uses may be allowed subject to a conditional
use permit:
(a) Automated teller machines;
(b) Banks and financial institutions;
7
(c) Business offices and professional offices;
(d) Eating and drinking establishments;
(e) Funiculars and other similar conveyances;
(f) Health clubs;
(g) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(h) Retail stores and establishments.
§ 12-6L-4. ACCESSORY USES.
The following accessory uses are permitted in the H-2 District:
(1) Home occupations, subject to issuance of a home occupation
permit;
(2) Private greenhouses, toolsheds, playhouses, attached
garages or carports, swimming pools or recreation facilities customarily
incidental to permitted residential uses;
(3) Childcare facilities;
(4) Dwelling units other than employee housing units, if such
dwelling units:
(a) Are created solely for the purpose of subsidizing employee
housing on the property;
(b) Are not the primary use of the property;
(c) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(d) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties; and
(5) Other uses customarily incidental and accessory to permitted
or conditional uses, and necessary for the operation thereof.
§ 12-6L-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6L-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty-five
percent (65%).
8
§ 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6L-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6L-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed thirty-
five (35) feet. For a sloping roof, the height of buildings shall not exceed
forty-three (43) feet.
§ 12-6L-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6L-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6L-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
§ 12-6L-13. MOBILITY.
(1) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(2) Mobility Management Plan. The Mobility Management Plan shall
include:
(a) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(b) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(c) A professionally produced parking study, unless a
determination is made by the Administrator that such study is unnecessary
due to the scale and character of the proposal;
(d) Existence of any bike or vehicle share/shuttle program;
(e) Covered/protected/secured bike parking/storage;
(f) Provisions for guest parking and management;
(g) Provisions for seasonal variations; and
9
(h) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(3) Review criteria. To be approved, a Mobility Management Plan shall:
(a) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(1) Hierarchy of bus routes (regional vs. local);
(2) Proximity to job centers; and
(3) Proximity to commercial area.
(b) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs; and
(4) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(a) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(b) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(c) Personal vehicles shall not be parked in the public right-of-
way.
(d) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(e) At no times shall parking extend into required drive aisles.
(f) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(g) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(5) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(a) Number of occupied units and number of residents per unit.
(b) Usage of mobility services;
(c) Results of survey of residents concerning parking;
(d) Reports of any code enforcement complaints; and
(e) A parking utilization study during summer and winter.
10
(6) Enforcement. Failure to comply with a Mobility Management Plan
shall be considered a zoning violation under § 12-3-9 of this Title.
(7) Amendment Procedures.
(a) Amendments to an approved Mobility Management Plan shall be
reviewed by the Planning and Environmental Commission Meeting at a public
hearing in accordance with 12-3-6.
§ 12-6L-14: LOCATION OF BUSINESS ACTIVITY:
(1) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(2) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment s own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 3. Section 14-6-7 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
§ 14-6-7: RETAINING WALLS.
(A) Review. All retaining walls shall be reviewed by the Design Review
Board to determine compatibility with the existing topography of and the
materials in use.
(B) Height.
(1) Retaining walls shall not exceed an exposed face height of six
(6) feet, except in the H or H-2 Districts, where retaining walls shall not
exceed an exposed face height of fifteen (15) feet.
(2) In a front setback, retaining walls shall not exceed an exposed
face height of three (3) feet, unless related to access to or development of
a structure on slopes in excess of thirty percent (30%).
(3) Retaining walls associated with a street located in a public
right-of-way, or access to an underground covered parking structure are
exempt from these height limits.
(4) All retaining walls over four (4) feet in height, measured from
the bottom of a footing to the top of wall as per the adopted Building Code,
shall be engineered and stamped by a licensed Colorado professional
engineer, and shall include engineered stamped plans, profiles, sections,
details and engineering analyses and calculations.
(5) All retaining walls in a public right-of-way over three (3) feet in
height, measured from the bottom of a footing to the top of wall as per the
11
adopted Building Code, shall be engineered and stamped by a licensed
Colorado professional engineer, and shall include engineered stamped
plans, profiles, sections, details and engineering analyses and calculations.
(6) The height limit for retaining walls is based on the exposed
height of either a single or combined height of combination walls. If the
batter (slope of the face of the wall) is greater than one to one (1:1), the wall
shall be engineered and stamped by a licensed Colorado professional
engineer, and shall include engineered stamped plans, profiles, sections,
details and engineering analyses and calculations.
(C) Landscaping. To avoid excessive vertical expanses of retaining
walls and to provide visual relief in areas highly visible to the public, the
Design Review Board may require landscaping in front of walls and
landscape benches between walls.
(D) Location. Retaining walls shall be located at least two (2) feet from
adjacent private property boundaries and at least ten (10) feet from the edge
of a public street unless otherwise approved by the Design Review Board.
(E) Combination retaining walls. A retaining wall is considered a
combination wall if the upper wall falls within a prism defined as starting one
(1) foot behind the face of the lower wall at the lowest finished grade line
and then back at a one and one-half to one (1.5:1) angle from the starting
point. The minimum bench of combination retaining walls shall be four (4)
feet. All combination retaining walls shall be engineered and stamped by a
licensed Colorado professional engineer, and shall include engineered
stamped plans, profiles, sections, details and engineering analyses and
calculations.
Section 4. Section 14-10-9(E) of the Vail Town Code is hereby amended as
follows:
§ 14-10-9 FENCES, HEDGES, WALLS AND SCREENING.
* * *
(E) Height limitations. Fences, hedges, walls and landscaping screens
shall not exceed three (3) feet in height within any required front setback
area and shall not exceed six (6) feet in height in any other portion of the
site, except in the Housing (H) District and Housing Two (H-2) District,
where retaining walls shall not exceed an exposed face height of fifteen (15)
feet. provided that higher Higher fences, hedges, walls or landscaping
screens may be authorized by the Administrator when necessary to screen
public utility equipment. No barbed wire or electrically charged fence shall
be erected or maintained.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
12
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 7. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of December, 202
3 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 11, 2023
SUBJECT: A request for the review of a Prescribed Regulation Amendment pursuant to
Section 12-3-7 Amendment, Vail Town Code, to amend Section 12-6I Housing
(H) District, to change the development review process and standards, and
amend Chapter 12-6 Residential District, to add Housing 2 (H-2) District. To also
amend Section 14-6-7 Retaining Walls and 14-10-9 Fences, Hedges, Walls and
Screening to increase the maximum height of retaining walls within the Housing
zone districts (PEC23-0026)
Applicant: Town of Vail and Vail Local Housing Authority, represented by
Dominic Mauriello of Mauriello Planning Group
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is proposing to amend Section 12-6, 14-6-7, and
14-10-9. This update is recommended by the Vail Local Housing Authority and is intended
to provide basic standards in the Housing zone district that allow for a streamlined
process. The amendment will update the Housing Zone District standards and the review
process for projects located within the district. It will also create an additional Housing
zone district, Housing Two, with the same standards except for a lower height limit. The
sections in Title 14 are proposed to be amended to allow retaining wall height in the
Housing district to extend up to fifteen feet in height.
II. DESCRIPTION OF REQUEST
The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is requesting that the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council for
Town of Vail Page 2
amendments to Section 12-6I Housing (H) District, to change the development review
process and standards, add the Housing Two (H-2) district, and permit heights of
retaining walls in these district to extend up to fifteen feet tall.
III. BACKGROUND
The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later
amended that same year with Ordinance No. 19, Series of 2001, which included
grammatical corrections and references to other sections of Town Code. With Ordinance
No. 29, Series of 2005, additional grammatical corrections were made as well as changes
to permitted and accessory uses. Bicycle and Pedestrian paths were added to the
permitted uses and Child Daycare Facilities were added as an accessory use.
Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These
policies encourage the development of housing in the Town of Vail. In accordance with
those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello
Planning Group have worked on a code amendment for the Housing (H) Zone District in
an effort to encourage more private development in the Town. This is proposed by
are set by the PEC and providing a set of
standards that would produce an orderly development in any lot zoned Housing.
The Planning and Environmental Commission reviewed a similar proposal in September,
where a recommendation of approval was forwarded to Town Council. Town Council
considered the code amendment in the form of Ordinance No. 23, Series of 2023 but a
motion to approve on first reading failed with a vote of 3-3. There was no follow-up motion
on the item and did not move forward. Revisions have been made to the proposal based
on input received and is returning to the PEC for review. Below is a summary of the
changes made to the language in the Housing (H) district since the previous meeting:
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to seventysixty-five percent
(765%).
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-fivetwo and a half (8582.5) feet.
The proposal includes the addition of the Housing Two (H-2) District. This is a district
that will be the same as the Housing (H) District with the exception of the maximum
height. While the H District has a proposed maximum height of 70 feet for a flat roof
and 82.5 feet for a sloping roof, the H-2 district has a maximum height of 35 feet for
a flat roof and 43 feet for a sloping roof. The purpose of the H-2 district would be to
allow the development of housing in areas where reduced heights would be more
appropriate.
Town of Vail Page 3
IV. PROPOSED TEXT AMENDMENT LANGUAGE
Please see Attachment A for the proposed language for Section 12-6I, 12-6L, 14-6-7, and
14-10-9 Vail Town Code. Below are the changes to the Housing (H) District. These are
included in the staff report to show the changes from the current code language to the
proposed. The bold lettering represents the added proposed language and the red
strikethrough represents removed language.
Proposed language:
ARTICLE 6I: HOUSING (H) DISTRICT
PURPOSE.
The Housing District is intended to provide adequate sites for employee housing which,
because of the nature and characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed for other residential zone districts. It
is necessary in this zone district to provide development standards specifically
prescribed for each development proposal or project to achieve the purposes prescribed
in § 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses
are allowed as conditional uses, which are intended to be incidental and secondary to
the residential uses of the district. This zone district allows flexibility to provide for
the critical need for housing to serve local citizens and businesses, and to
provide for the public welfare. The Housing District is intended to ensure that
employee housing permitted in the zone district is appropriately located and designed to
meet the needs of residents of Vailthe Town, to harmonize with surrounding uses, and
to ensure adequate light, air, open spaces and other amenities appropriate to the
allowed types of uses.
PERMITTED USES.
The following uses shall be permitted in the H District:
(A1) Bicycle and pedestrian paths;
(B2) Communications antennas and appurtenant equipment;
(C3) Employee housing units, as further regulated by Chapter 13 of this title;
(4) Passive outdoor recreation areas, and open space;
(5) Public buildings, grounds and facilities;
(6) Public parks and recreational facilities; and
Town of Vail Page 4
(7) Public utilities installations including transmission lines and
appurtenant equipment.
CONDITIONAL USES.
The following conditional uses shall be permitted in the H District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this title:
(1) Public and Private schools; and
(A2) Commercial uses which are secondary and incidental (as determined by the
Planning and Environmental Commission) to the use of employee housing and
specifically serving the needs of the residents of the development, and developed in
conjunction with employee housing, in which case the following uses may be allowed
subject to a conditional use permit, including the following:
(1a) Automated teller machines (ATMs) exterior to a building;
(2b) Banks and financial institutions;
(3c) Business offices and professional offices, as further regulated by § 12-16-7 of
this title;
(4) Child daycare facilities;
(d) Eating and drinking establishments;
(e) Funiculars and other similar conveyances;
(f) Health clubs;
(g) Personal services, including, but not limited to, laundromats, beauty and barber
shops, tailor shops and similar services; and
(h) Retail stores and establishments.
(B) Dwelling units (not employee housing units) subject to the following criteria to be
evaluated by the Planning and Environmental Commission:
(1) Dwelling units are created solely for the purpose of subsidizing employee
housing on the property;
(2) Dwelling units are not the primary use of the property. The GRFA for dwelling
units shall not exceed 30% of the total GRFA constructed on the property;
(3) Dwelling units are only created in conjunction with employee housing; and
Town of Vail Page 5
(4) Dwelling units are compatible with the proposed uses and buildings on the site
and are compatible with buildings and uses on adjacent properties.
(C) Outdoor patios;
(D) Public and private schools;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
ACCESSORY USES.
The following accessory uses shall be permitted in the H District:
(A1) Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of § 12-14-12 of this title;
(B) Minor arcades;
(2) Child daycare facilities;
(3) Private greenhouses, toolsheds, playhouses, attached garages or carports,
swimming pools or recreation facilities customarily incidental to permitted residential
uses; and
(4) Dwelling units other than employee housing units, if:
(a) Such dwelling units are created solely for the purpose of subsidizing
employee housing on the property;
(b) Such dwelling units are not the primary use of the property.
(c) The GRFA for such dwelling units does not exceed thirty percent (30%) of
the total GRFA constructed on the property;
(d) Such dwelling units are only created in conjunction with employee
housing; and
(e) Such dwelling units are compatible with the proposed uses and buildings
on the site and are compatible with buildings and uses on adjacent properties.
Town of Vail Page 6
(5) Other uses customarily incidental and accessory to permitted or conditional uses,
and necessary for the operation thereof.
SETBACKS.
(A) The setbacks in this district shall be 20 feet from the perimeter of the zone
district. The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet and minimum rear setback shall be fifteen (15)
feet.
(B) At the discretion of the Planning and Environmental Commission, variations to
the setback standards may be approved during the review of a design review
application subject to the applicant demonstrating compliance with the following criteria:
(1) Proposed building setbacks provide necessary separation between buildings
and riparian areas, geologically sensitive areas and other environmentally sensitive
areas;
(2) Proposed building setbacks will provide adequate availability of light, air and
open space;
(3) Proposed building setbacks will provide a compatible relationship with buildings
and uses on adjacent properties; and
(4) Proposed building setbacks will result in creative design solutions or other
public benefits that could not otherwise be achieved by conformance with prescribed
setback standards.
(C) Variations to the 20-foot setback shall not be allowed on property lines adjacent
to HR, SFR, R, PS and RC zoned properties, unless a variance is approved by the
Planning and Environmental Commission pursuant to Chapter 17 of this title.
SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area. At the
discretion of the Planning and Environmental Commission, site coverage may be
increased If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, thus reducing the impacts of surface paving provided within a
development, site coverage may be increased to sixty-five percent (65%). and that
the minimum landscape area requirement is met.
LANDSCAPING AND SITE DEVELOPMENT.
Town of Vail Page 7
At least 30twenty-five percent (25%) of the total site area shall be landscaped.The
minimum width and length of any area qualifying as landscaping shall be 15 feet with a
minimum area not less than 300 square feet.
LOT AREA.
The minimum lot or site area shall be ten thousand (10,000) square feet.
HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed 70 feet.
For a sloping roof, the height of buildings shall not exceed eighty two and a half
(82.5) feet.
DENSITY.
There is no limitation on the number of dwelling units per acre.
GROSS RESIDENTIAL FLOOR AREA (GRFA).
There is no limitation on the amount of gross residential floor area.
PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
space per dwelling unit. Applications shall include: number and layout of parking
spaces being provided onsite; details of any offsite parking being provided;
details of bicycle parking provided onsite; and provisions for guest parking and
assigned parking spaces.
MOBILITY.
(1)Mobility for residences shall be provided in accordance with General.
Developments providing less than the prescribed number of parking spaces
shall require a Mobility Management Plan approved by the Planning and
Environmental Commission.
(A2) Mobility Management Plan. A Mobility Management Plan, prepared by the
applicant, shall describe how the mobility needs of the residents will be met. This plan
shall include:
Town of Vail Page 8
(1a) Layout of proposed covered and uncovered parking including applicable
dimensions, provisions for stacked parking and compact spaces, if proposed;
(2b) Information on how proposed parking spaces will be allocated to units and if
this allocation is on the form of a deed restriction;
(3c) A professionally produced parking study, unless a determination is made by
the Administrator that such study is unnecessary due to the scale and character of the
proposal;
(4d) Existence of any bike or vehicle share/shuttle program;
(5e) Provide covered/protected/secured bike parking/storage;
(6f) Provisions for guest parking/ management;
(7g) Seasonal variations in parking management plan; and
(8h) Provisions for off-site vehicle storage which may be located at any distance
from the site.
(B3) Review criteria. To be approved, Aa Mobility Management Plan shall be
reviewed based on the following criteria:
(1a) Provide Aadequate off-street parking is demonstrated for the quantity of
proposed beds in relation to the proximity of the development to core services and
public transit, based on:
(a1) Hierarchy of bus routes (aka regional vs local);
(b2) Proximity to job centers; and
(c3) Proximity to commercial area.
(2b) Provide Aadequate off-street parking is demonstrated in consideration of
other provided mobility options including vehicle share/shuttle programs; and
(3) Evaluations of proposed Mobility Management Plans shall utilize the parking
requirements found in § 12-10, Off-Street Parking and Loading, when considering
appropriate minimum off-street parking.
(C4) Performance standards. After implementation of a Mobility Management Plan,
the following performance standards shall be maintained.
(1a) At no times shall Ppersonal vehicles shall not be parked in areas designated
for fire service or within a dedicated emergency access easement.
Town of Vail Page 9
(2b) At no times shall Ppersonal vehicles shall not be parked on adjacent
properties unless permission has been obtained in writing and provided to and
approved by the Ttown.
(3c) At no times shall Ppersonal vehicles shall not be parked in the public right-
of-wayROW.
(4d) At no times shall Ppersonal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development site plan.
(5e) At no times shall parking extend into required drive aisles.
(6f) A no times shall storage of gGoods, trailers, campers, or unlicensed vehicles
shall not be stored in designated parking areas.
(7g) Bike parking, as shown on the approved development plan, shall be
maintained at all times in a clean, safe and functional condition.
(D5) Reporting requirement.
(1) For the first five two (2) years following the implementation of a Mobility
Management Plan, the managing officer shall submit a report shall be submitted to the
Community Development Department. This report shall be received within thirty (30)
days of the date of the anniversary of the first-issued certificate of occupancy for the
development including.
(2) The report shall include the following information:
(a) Occupancy;
1. (a) Number of Ooccupied units; and
2. Nnumber of residents per unit.
(b) Usage of mobility services;
(c) Results of survey of residents concerning parking;
(d) Reports code enforcement/ fire/parking complaints; and
(e) Parking utilization study during peak periods (summer and winter).
(E6) Enforcement. policy.
Town of Vail Page 10
(1) If the Mobility Management Plan reporting shows violations of the performance
standards, the plan shall be remanded to the Planning and Environmental Commission
reviewed by the Town Council for review of the report. The applicant shall prepare a
resolution to the violations and an alteration/addendum to the plan to maintain future
compliance. This alteration/addendum shall be approved by the Planning and
Environmental Commission.
(2) If at any time, there is credible evidence that the Mobility Management Plan is
not meeting any of the established performance standards, as determined by town staff,
the applicant shall be notified in writing and given 30 days to cure the violation. Failure
to do so shall result in the Mobility Management Plan being remanded to the Planning
and Environmental Commission for further review.
(3) Nothing above in subsections (E)(1) and (E)(2) shall preclude the enforcement
of parking infractions as municipal code violations.
Failure to comply with a Mobility Management Plan shall be
considered a zoning violation under § 12-3-9 of this Title.
(7) Amendment Procedures.
(a) Amendments to an approved Mobility Management Plan shall be
reviewed by the Planning and Environmental Commission Meeting at a
public hearing in accordance with 12-3-6.
LOCATION OF BUSINESS ACTIVITY.
(A1) Limitation; exception. All conditional uses in § 12-6I-3 of this article shall be
operated and conducted entirely within a building, except for permitted loading areas
and such activities as may be specifically authorized to be unenclosed by a conditional
use permit and the outdoor display of goods.
(B2) Outdoor display areas. The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon the
establishment s own property. Sidewalks, building entrances and exits, driveways and
streets shall not be obstructed by outdoor display.
OTHER DEVELOPMENT STANDARDS; PRESCRIBED BY PLANNING AND
ENVIRONMENTAL COMMISSION.
In the H District, development standards in each of the following categories shall be
as proposed by the applicant, as prescribed by the Planning and Environmental
Commission, and as adopted on the approved development plan:
(A) Lot area and site dimensions;
Town of Vail Page 11
(B) Building height; and
(C) Density control (including gross residential floor area).
DEVELOPMENT PLAN REQUIRED.
(A) Compatibility with intent. To ensure the unified development, the protection of the
natural environment, the compatibility with the surrounding area and to assure that
development in the Housing District will meet the intent of the zone district, an approved
development plan shall be required.
(B) Plan process and procedures. The proposed development plan shall be in
accordance with § 12-6I-12 of this article and shall be submitted by the developer to the
Administrator, who shall refer it to the Planning and Environmental Commission, which
shall consider the plan at a regularly scheduled meeting.
(C) Hearing. The public hearing before the Planning and Environmental Commission
shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental
Commission may approve the application as submitted, approve the application with
conditions or modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Town Council in accordance with §
12-3-3 of this title.
(D) Plan as guide. The approved development plan shall be used as the principal
guide for all development within the Housing District.
(E) Amendment process. Amendments to the approved development plan will be
considered in accordance with the provisions of § 12-9A-10 of this title.
(F) Design Review Board approval required. The development plan and any
subsequent amendments thereto shall require the approval of the Design Review Board
in accordance with the applicable provisions of Chapter 11 of this title prior to the
commencement of site preparation.
DEVELOPMENT PLAN CONTENTS.
The Administrator shall establish the submittal requirements for a development plan
application. A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development. Certain submittal
requirements may be waived and/or modified by the Administrator and/or the reviewing
body if it is demonstrated by the applicant that the information and materials required
are not relevant to the proposed development or applicable to the planning documents
that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing
Town of Vail Page 12
body may require the submission of additional plans, drawings, specifications, samples
and other materials if deemed necessary to properly evaluate the proposal.
DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION.
The following criteria shall be used as the principal means for evaluating a proposed
development plan. It shall be the burden of the applicant to demonstrate that the
proposed development plan complies with all applicable design criteria:
(A) Building design with respect to architecture, character, scale, massing and
orientation is compatible with the site, adjacent properties and the surrounding
neighborhood;
(B) Buildings, improvements, uses and activities are designed and located to
produce a functional development plan responsive to the site, the surrounding
neighborhood and uses, and the community as a whole;
(C) Open space and landscaping are both functional and aesthetic, are designed to
preserve and enhance the natural features of the site, maximize opportunities for
access and use by the public, provide adequate buffering between the proposed uses
and surrounding properties, and, when possible, are integrated with existing open space
and recreation areas;
(D) A pedestrian and vehicular circulation system is designed to provide safe,
efficient and aesthetically pleasing circulation to the site and throughout the
development;
(E) Environmental impacts resulting from the proposal have been identified in the
project s environmental impact report, if not waived, and all necessary mitigating
measures are implemented as a part of the proposed development plan; and
(F) Compliance with the Vail Comprehensive Plan and other applicable plans.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding a recommendation to the Town Council.
Town of Vail Page 13
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also prov ides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
Town of Vail Page 14
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
VAIL TOWN COUNCIL ACTION PLAN 2018-2020
Our Mission - Grow a vibrant, diverse economy and community and preserve our
surrounding natural environment, providing our citizens and guests with exceptional
services and an abundance of premier recreational, cultural and educational
opportunities.
Community - Engage our community in honoring social, recreational, cultural, and
educational values that will guide sustainable strategies throughout our neighborhoods
the opportunity to live and thrive in our community.
Housing as necessary infrastructure to our community
Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of
our resort competitors.
Update long range strategic plans to enhance competitiveness of the Town of Vail
Town of Vail Page 15
Experience -
Excellent municipal services
Convenient, efficient, and safe parking and transportation venues
Sustainability - Balance our economic, environmental, and social needs to deliver a
sustainable community.
Strategic implementation of environmental programs
Excellent stewardship by monitoring and maintaining our natural environment
Climate action to achieve reduction of greenhouse gas emissions
Reduce the environmental impact of transportation
Explore and encourage sustainable building practices
VAIL HOUSING 2027
Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive,
vibrant and sustainable mountain resort community where year-round residents are
afforded the opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and economic
well being. We create housing solutions by recognizing and capitalizing on our unique
to provide the highest quality of service to our guests, attract citizens of excellence and
foster their ability to live, work, and play in Vail throughout their lives.
Our strategic solutions and actions result in the retention of existing homes, creation of
new and diverse housing infrastructure, and collaboration with community partners. For
Vail, no problem is insurmountable. With a consistent, community-driven purpose and
an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for
the 21st century. The Town is well positioned financially to undertake this significant
challenge.
Mission: Maintaining and Sustaining Community - We create, provide, and retain high
quality, affordable, and diverse housing opportunities for Vail residents to support a
Town of Vail Page 16
sustainable year round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our residents have a
place to live in Vail
Policy Statement: Resident Housing as Infrastructure - We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.
VAIL 2020 STRATEGIC ACTION PLAN
Land Use and Development
Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect
planning document updates, including the Sign Regulations, Zoning Regulations and
Development Standards Handbook.
Goal #3: Ensure fairness and consistency in the development review process.
Actions/Strategies
Provide transparency of the review process by improving communications.
Embrace policies and practices that ensure honest governmental interaction.
Define ways in which to improve communication with the public.
Review and improve policies regarding notification of design review applications.
committees regarding goals and purposes for regulation.
Develop a streamlined design review process and include in regulation updates.
Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development.
Actions/Strategies
Update housing regulations to include more zone districts that are required to provide
employee housing.
Redevelop Timber Ridge to increase number of employee beds.
Use employee housing fund for buy-downs and other programs that will increase the
number of employees living within the town.
Address the zoning regulations to provide more incentives for developers to build
employee housing units.
Town Council Priorities
#4: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development
Standards, and other pertinent land use policy language including the Town of Vail
Town of Vail Page 17
Comprehensive Plan. Bring forward recommendations for amendments to help foster
the creation of affordable housing and improved efficiency of the development review
process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed amendment provides defined standards for the Housing district where
currently those standards are not set. Having these set standards will give more surety as
to the form of future developments within this district. The new standards are set to
provide adequate light and air between developments and have incorporated the
proposals and developments that have been approved in this district in the past.
The Housing Two district provides a similar framework for lots that may not be
appropriate for the height allowed in the Housing district, where a reduced height would
be more suitable based on adjacent properties.
Staff finds that this criterion is met.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The policies this proposal would be forwarding are listed above in section lV. Another
policy to note is from Resolution No. 30, Series of 2018:
#3 Private Sector Importance We foster a proactive and solutions-oriented environment
that promotes private sector investments to create deed-restricted homes.
#5 Breakdown Barriers We align our land use regulations, building and energy
conservation codes to achieve our vision and housing goal, and development applications
are thoroughly
providing a defined set of standards is a good
way to encourage more private sector development of housing. This proposal aims to
take those standards that are currently determined by the PEC and make them set
standards in the code. Currently each housing development proposes standards for
building height, lot area, and density with no surety that the proposal will be acceptable to
the Commission. With this change there will be standards that projects can base their
designs upon knowing what is required in the Town Code.
Town of Vail Page 18
This proposal is also in line with the Strate Develop a streamlined
design review process By setting these standards and
removing the need for a development plan, applications can proceed directly to the
Design Review Board and not require the added time for additional meetings.
Staff finds that this criterion is met.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The text amendment is proposed based on recognition that the current configuration of
the Housing Zone District has not produced the desired results regarding private
development in the district. The intent behind leaving certain standards to the PEC was to
allow a greater flexibility in the district to encourage different types of development and
proposals. The result has been that the code is too ambiguous for developers who might
not take the risk on projects when there is a lack of guidelines on what can or cannot be
approved.
This proposal also considers the result of the current developments that have been
approved under this district and has set the regulations accordingly. The Town has seen
several large developments under these open standards and is able to incorporate that
information into the crafting of these regulations.
Staff finds that this criterion is met.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
This text amendment is proposed to be similar to other low to high density residential
zone districts where standards are set to be followed and reviewed at the Design Review
Board level. The Housing District as it is set today is unique in the fact that it is so flexible.
The standards proposed with this application are done so to provide a harmonious,
convenient, and workable relationship among land uses in town. They will provide a clear
basis for what can be built on Housing sites moving forward. The addition of the Housing
Two district is proposed to provide a housing district option that is harmonious and
workable in areas of town with lower density.
Staff finds that this criterion is met.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Town of Vail Page 19
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon
the review of the criteria outlined in Section VII of this memorandum and the evidence
and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval
to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section
12-3-7 Amendment, Vail Town Code, to amend Section 12-6I Housing (H) District, to
change the development review process and standards, and amend Chapter 12-6
Residential District, to add Housing Two (H-2) District. To also amend Section 14-6-7
Retaining Walls and 14-10-9 Fences, Hedges, Walls and Screening to increase the
maximum height of retaining walls within the Housing zone districts (PEC23-0026)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
December 11, 2023, staff memorandum to
the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
VIII. ATTACHMENTS
Town of Vail Page 20
A. Proposed Code Language 12-7-23
TO: Town Council
FROM: Community Development Department
DATE: December 19, 2023
SUBJECT: First reading of Ordinance No. 29, Series of 2023, an ordinance amending Title 12,
Chapter 6 of the Vail Town Code to amend the current Housing District regulations
and to establish a new Housing District and amending Sections 14-6-7 and 14-10-
9 of the Vail Town Code to increase the maximum height of retaining walls in the
Housing Districts.
Applicant: Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group
Planner: Greg Roy, Planning Manager
I. SUMMARY
The applicant, Town of Vail and the Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is proposing to amend the current Housing (H)
Zone District in Section 12-6I, create a new Housing Two (H-2) Zone District with Section
12-6L, and amend Sections 14-6-7 and 14-10-9 to allow retaining walls in the H and H-2
districts to extend up to fifteen (15) feet in height. The proposed amendments are intended
to provide standardized metrics in these zone districts to minimize a
streamline the review process.
On December 11, 2023, the Planning and Environmental Commission (PEC) voted 4-3
(Rediker, Pratt, McBride opposed) to recommend approval of the proposed amendments
(PEC23-0026).
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
29, Series of 2023 on first reading.
III. DESCRIPTION OF REQUEST
Town of Vail Page 2
The proposed Prescribed Regulation Amendment will amend the Housing (H) district to
create a set of standards to replace the existing Approved Development Plan by which
standards are prescribed by the PEC. The proposal would also create a second Housing
District (H-2) that would have a lower height maximum to be more compatible with lower
density residential areas. The proposed changes would also permit retaining walls in
either housing district to extend up to fifteen (15) feet in height. Please see the attached
documents for review.
A. Ordinance No. 29, Series of 2023
B. PEC23-0026 Staff Report 12-11-23
C. PEC Results 12-11-23
IV. BACKGROUND
The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later
amended that same year with Ordinance No. 19, Series of 2001, for grammatical
corrections and references to other sections of Town Code. With Ordinance No. 29,
Series of 2005, additional grammatical corrections were made as well as changes to
permitted and accessory uses. Bicycle and Pedestrian paths were added to the permitted
uses and Child Daycare Facilities were added as an accessory use.
Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These
policies encourage the development of housing in the Town of Vail. In accordance with
those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello
Planning Group have collaborated on a code amendment for the Housing (H) Zone
District to encourage more private development in the Town. Amending the prescribed
development plan set by the PEC and replacing it with a set of standards that will produce
an orderly development in any lot zoned Housing (H) or Housing 2 (H-2) helps to achieve
this goal. A second Housing district (H-2) is proposed that would essentially be the same
as H, except for a lower height to be more compatible in lower density residential areas.
Title 14 was created with the passage of Ordinance 22, Series of 1999. Ordinance 22,
Series of 1999 repealed Chapter 12-14 Supplemental Regulations of Town Code and
created Title 14 Development Standards which included Section 14-6-7. It was later
amended with Ordinance No. 29, Series of 2005. In that ordinance, there was originally
a table that laid out standards for the height of retaining walls based on a variety of factors
as well as which board had the authority to approve the various aspects of the design.
The 2005 amendment removed the chart and added the language that is in place today.
This language allows for a maximum of six feet in height, with the further limitation of only
three feet in height if the wall is in the front setback.
The height restrictions have largely remained unchanged since the 2005 amendment. In
2006, there was another amendment to this section that required engineer-stamped plans
in specific situations. This section was last amended in 2019 to clarify that higher walls in
the front setback on steep lots were allowed for the development of the structure and not
Town of Vail Page 3
solely for access to the site.
The current proposal initially contemplated exempting retaining walls in the Housing zone
district from the maximum height limitations and allowing the DRB to decide when it would
be appropriate for a landscaped bench to be added to the design.
The Planning and Environmental Commission reviewed a similar proposal in September,
where a recommendation of approval was forwarded to Town Council. On November 7th,
Town Council considered the code amendment in the form of Ordinance No. 23, Series
of 2023 but a motion to approve on first reading failed with a vote of 3-3. No follow-up
motion was made on the request, so the application reached its conclusion in the process.
Revisions were made to the original proposal based on input received and a new
application was made to the PEC for review at the December 11, 2023, meeting. At this
meeting, the PEC recommended approval of the application with a vote of 4-3 (Rediker,
Pratt, McBride opposed).
Below is a summary of the changes made to the language in the Housing (H) district since
the previous application:
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to seventysixty-five percent
(765%).
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-fivetwo and a half (8582.5) feet.
The proposal includes the addition of the Housing Two (H-2) District. This district will be
the same as the Housing (H) District except for the maximum height. While the H District
has a proposed maximum height of 70 feet for a flat roof and 82.5 feet for a sloping roof,
the H-2 district has a maximum height of 35 feet for a flat roof and 43 feet for a sloping
roof. The purpose of the H-2 district is to allow for the development of housing in areas
where reduced heights would be more appropriate.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 29, Series of 2023,
on first reading, staff recommends the Council pass the following motion:
first reading, Ordinance No. 29, Series
of 2023, an ordinance amending Title 12, Chapter 6 of the Vail Town Code
to amend the current Housing Zone District (H) regulations and to establish
a new Housing Zone District (H-2) and amending Sections 14-6-7 and 14-
10-9 of the Vail Town Code to increase the maximum height of retaining
Town of Vail Page 4
walls in the Housing Zone Districts.
Should the Vail Town Council choose to approve Ordinance No. 29 Series of 2023, staff
recommends the Council make the following findings: The Vail Town Council
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
Vl. ATTACHMENTS
A. Proposed Ordinance No. 29, Series of 2023
B. PEC23-0026 Staff Report 12-11-23
C. PEC Results 12-11-23
December 11, 2023
Letter to: Town of Vail
Attention: Town Council
opposed to the designation of Suite #110 being
considered basement level and are hereby requesting the reversal of the decision that resulted from the
appeal of the designation of that commercial condominium property currently leased by US Bank at 302
Hanson Ranch Rd., Suite #110, Lot 1, Block 5A. Vail Village Filing 5.
The Property in question is located at street level between Gore Creek Drive and Hanson Ranch Road
and the entrance of the property as are clearly in view from both streets as well as the footpath along
Mill Creek and Ted Kindel Park. There is no justification to designate this space as being basement level
as it obviously is not! In order to preserve the integrity of Mill Creek Court, the surrounding commercial
properties, as well as the residential owners of our building, we expect the Town to enforce the
commercial code as it currently exists.
Sincerely,
By Board of Directors President, Gail Ellis
December 12, 2023
Via Email
Town of Vail Planning and
Environmental Commission
c/o Greg Roy
75 South Frontage Road
Vail, CO, 81657
groy@vail.gov
Denver Office
Jeremy Brett Daz Fletcher
Direct 303.991.2008
jfletcher@altitude.law
Re: Mill Creek Court Condominium Association/ Appeal of Administrative Decision Regarding 302 Hanson
Ranch Road, Suite 110
Our File No. 3880.0007
Dear Town of Vail Planning and Environmental Commission:
Altitude Community Law represents Mill Creek Court Condominium Association (the “Association”).
Please find this letter in response to the appeal filed by Constanza Briones (the “Appellant”) on the
determination made by the Community Development Department (the “Department”) Director, Matt
Gennett, on September 21, 2023.
The Department found that 302 Hanson Ranch Road, Suite 110 is on the First Floor, or Street Level, as
defined by Section 12-2-2- of Vail Town Code. The Appellant provides a determination from a similar
appeal in 1994 in which an unrelated, though similarly situated, property across the street was
determined, after appeal, to be a basement or garden level. Appellant argues that the Planning and
Environmental Commission (the “Commission”) must come to a similar conclusion here, lest the
determination be arbitrary and inconsistent.
Pursuant to the Commission’s meeting minutes dated December 19, 1994, a 4 to 2 vote overturned the
department’s determination that Unit No. 108-B within the Mill Creek Court Building was a First Floor or
Street Level with the caveat that:
“…there was no doubt that the Department’s determination was correct though to prohibit
a ski storage use of the tiny space in question, made no sense from a public policy
standpoint…”
Similarly, in this case, the determination that 302 Hanson Ranch Road, Suite 110 (hereinafter, “Unit”) is a
First Floor or Street Level Unit is correct, as the Commission has already found on review that the Unit is
located “at the level of the adjacent or vehicular or pedestrian way” as follows:
“The unit fronts on a pedestrian pathway at a consistent grade level. The façade relevant
to the pedestrian way does not require steps or stairs down to the unit but is flush with the
adjacent grades. Although the unit has a Hanson Ranch Road address, it is not accessible
from that road. The main entrance is from the interior of the site, which is at a consistent
Page 2
Town of Vail Planning and Environmental Commission
c/o Greg Roy
December 12, 2023
grade with the main pedestrian pathway and access to the Village. As such, a first floor or
street level designation is most appropriate.” (Emphasis added)
In addition, the Commission cannot find otherwise because Section 12-2-2 does not differentiate between
vehicular or pedestrian way. The Appellant contends because the Unit is not visible from Hanson Road,
that it cannot be a First Floor or Street Level unit. The Appellant includes a picture of the façade of the
Unit taken from a pedestrian way, which is consistent with Section 12-2-2 for consideration for a
determination that the Unit is a First Floor or Street Level unit.
The Commission recognizes that the Town of Vail Code does not provide that what this Commission
finds in one instance it must find in another for every application. Even so, the unit granted basement
status in 1994 is a mixed-use ski rental shop with a ski locker in it. The proposal in front of the
Commission is for a ski locker rental unit only, more akin to an ATM with a locked door rather than a
customer forward functioning bank with employees on site during business hours.
While the buildings, facades and grading have not changed to any appreciable degree in 19 years outside
of 302 Hanson Ranch Road, the Town of Vail itself has. Not only has the Town added an additional 1,000
residents since 1994, but the landscaping and ability of the tourism industry has evolved. The fact of the
matter is that as a pedestrian mall facing property, the Unit should be a customer facing and inviting
place of business. As a matter of public policy, the use of a First Floor or Street Level unit that has been
determined to be first floor should be restricted for a more appropriate and commercially inviting
business which is the intent of the Code. Furthermore, the analysis that the “public policy” should
permit the use of the Unit as a ski locker is also flawed. The Code does not make an exception for the size
of the space. Historically, this has been a customer facing business. Just because it is easier to use it as a
ski locker does not mandate a public policy finding. The space has been, and can be, used as it always has
been, customer facing commercial operation.
For the reasons stated above, we urge a finding that the space is, and will remain, a first floor designation.
The Association thanks you for your consideration.
Sincerely,
Jeremy Brett Daz Fletcher
Altitude Community Law P.C.
JF/jf
c: Board of Directors
07725700.DOCX
Avon Office
0070 Benchmark Road, Unit 104
PO Box 5450
Avon, CO 81620
Telephone (970) 949-0707
Facsimile (970) 949-1810
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
2936750.1
Andrew R. Atkins
aatkins@garfieldhecht.com
December 14, 2023
Town of Vail
Town Council
75 South Frontage Road
Vail, CO 81657
Via email: groy@vail.gov
RE: 302 Hanson Ranch Rd. Suite 110, Altitude Community Law Letter, December
12, 2023
Dear Council Members,
I represent Constanza Briones and Juan Pablo Arancibia, who have subleased 302 Hanson
Ranch Road, Suite 110 (the Subject Property) and assert that this property is a basement or
garden level space. This letter responds to assertions raised in Altitude Community Laws letter
of December 12, 2023.
It is important to note that the Town Council is acting in a quasi-judicial capacity. Colorado
municipal bodies act in a quasi-judicial capacity when there is (1) a state or local law requiring
that the body give adequate notice to the community before acting; (2) a state or local law requiring
that the body conduct a public hearing, pursuant to notice, at which time concerned citizens must
be given an opportunity to be heard and present evidence; and (3) a state or local law requiring the
body to make a determination by applying the facts of a specific case to certain criteria established
by law. Snyder v. City of Lakewood, 542 P.2d 371, 374 (Colo. 1975). The present matter is an
appeal pursuant to Section 12-3-3 of the Town of Vail Code of Ordinances (Code), which
requires notice to adjacent owners, a public hearing before the Planning and Environmental
Commission, and a de novo review of the record according to criteria provided in the Code.
This being quasi-judicial, the Council must adhere to precedent established by the Towns
prior decisions. Colorado Rule of Civil Procedure 106(a)(4) provides for judicial review of
municipal body quasi-judicial actions where the body may have exceeded its jurisdiction or
abused its discretion. Were a party to appeal this matter to the Eagle County District Court, the
court would evaluate whether the [Council] correctly construed the applicable Code provisions
and, if so, whether it abused its discretion in applying those provisions to the facts before it."
Langer v. Bd. of Cnty. Comm'rs, 462 P.3d 59, 64-65 (Colo. 2020). As was the case in Langer, the
Council must apply overlapping Code provisions the first floor/street level and basement or
garden level definitions that both could apply to the Subject Property. In doing so, the Town
must consider how the Town has applied these provisions elsewhere.
Town of Vail Town Council
December 14, 2023
Page 2
2936750.1
The Planning and Environment Commissions 1994 decision is directly relevant to this
appeal. First, the neighboring Mill Creek Sports suite is not unrelated or across the street. It is
the adjoining suite of the same building, sharing the same courtyard entry ways. Second, regardless
of any disagreement in 1994 between the Community Development Department and the Planning
and Environmental Commission, the Commission is a body of the Town government established
under Article VII, Section 8.3 of the Code and specifically empowered to make final decisions for
the Town. In reaching its decision in 1994, the Commission spoke for the Town and established a
precedent applicable to any subsequent similar land use decision including this matter.
Finally, the Council must remain focused on the criteria applicable to floor level
classifications and not confuse those criteria with any view as to the appellants intended use of
the property. Section 12-2-2 of the Code provides the criteria applicable to this matter:
For the purposes of determining floor level, the following factors may be
considered: site topography, location of building entrances and facades relative to
the adjacent vehicular or pedestrian ways, interior building layout, proximity to
adjacent vehicular or pedestrian ways and relationships to other floors in the
structure.
Nowhere in those criteria is the Community Development Department, Planning and
Environmental Commission, or Town Council to review the occupants intended use. That Mill
Creek Sports may or may not be a mixed-use shop is not relevant. That ski lockers may or may
not be commercially inviting is not relevant. That nearby residential owners may or may not
desire to have ski lockers in their building is not relevant. What is relevant is the site topography,
location of building entrances and facades relative to the adjacent vehicular or pedestrian ways,
interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to
other floors in the structure. While the appellants maintain that their intended use is beneficial to
the Town and consistent with the purposes of the Code, the Council must focus on applying the
criteria above and only those criteria in reaching its decision today.
Thank you for your thoughtful consideration of this appeal. I look forward to speaking with
you at the Councils December 19 hearing.
Very truly yours,
GARFIELD & HECHT, P.C.
Andrew R. Atkins
TO: Town Council
FROM: Community Development Department
DATE: December 19, 2023
SUBJECT: A Call-Up, pursuant to Section 12-3-3, Appeals and Call-Up, Vail Town Code, of the
final decision of the Town of Vail Planning and Environmental Commission on
November 13, 2023, an interpretation by the Administrator of the Community
Development Department concerning Section 12-2-2, Definitions, Vail Town Code,
302 Hanson Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5, and setting
forth details in regard thereto. (TC23-0003)
Applicant: Andrew Atkins, representing Constanza Briones
Planner: Greg Roy
I. SUBJECT PROPERTY
The subject property is Suite 110/Mill Creek Court Condominiums, 302 Hanson Ranch Road,
Lot 1, Block 5A, Vail Village Filing 5.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C Vail Town Code, the Town Council may call up any decision by
the Planning and Environmental Commission (PEC) by a majority vote of those Town Council
members present, within 20 days of the final decision made by the PEC. Once called up, the
decision shall be reviewed in the same manner as an appeal, provided that no finding of
standing shall be necessary, and there shall be no burden of proof.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3B, Vail Town Code, there are three basic procedural criteria for an
appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Vail Town Code no finding of standing is
necessary.
Town of Vail Page 2
07/18/2023
A) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council, December 19, 2023,
Public Hearing was mailed on November 22, 2023, pursuant to Section 12-
3-3C-3, Vail Town Code.
B) Timeliness of the Notice of Appeal
Section 12-3-3C-3 of the Vail Town Code requires appeals to be filed within
twenty (20) days of the decision being appealed. At the November 21, 2023,
Town Council meeting, the item received a majority vote of Town Council
members present to call-up the decision.
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this call-up is:
Should the November 13, 2023, decision of the Planning and Environmental Commission be
upheld?
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold with
modifications, or overturn the Planning and Environmental November 13, 2023,
decision.
V. BACKGROUND
On September 10, 2023, the Community Development Department staff received an email
request from Andrew Atkins requesting a determination of the floor of the unit in question.
On September 21, 2023, the applicant was given the determination made by the Administrator
that the unit in question is designated as first floor or street level.
On October 3, 2023, within the 20-day appeal period, the applicant submitted an appeal of
this determination.
On November 13, 2023, the Planning and Environmental Commission held a public hearing
on the appeal application and voted 4-1 (Smith opposed) to overturn the determination,
finding that the Vail Town Code was not properly applied. In doing so, the PEC determined
that the unit should be designated as basement or garden level.
On November 21, 2023., the Town Council, by a majority vote, called-up the decision of the
PEC on TC23-0003 for review.
VI. APPLICABLE DOCUMENTS
The applicable Code section is Vail Town Code, Title 12, Section 12-2-2 Definitions of the Vail
Town Code, as linked below.
Town of Vail Page 3
07/18/2023
https://codelibrary.amlegal.com/codes/vailco/latest/vail_co/0-0-0-7606
Please see the attachments for the applicable documents to the application. The
in 1993 where the floor level determination was discussed. Also included is a Conditional Use
Permit for a bank at the subject unit. This is relevant as a is a
Conditional Use on the first floor or street level in CC1 and a permitted use on basement or
garden level.
VII. DISCUSSION ITEM
Should the November 13, 2023, decision of the Planning and Environmental Commission be
upheld?
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold
with modifications, or overturn the Planning and Environmental November 13,
2023, decision. The Town Council must act by motion, with such motion to be approved by a
majority of those present.
Should the Vail Town Council choose to uphold the decision of the Planning and
Environmental Commission, the following motion is recommended:
move that the Vail Town Council uphold the November 13, 2023, decision of the
Planning and Environmental Commission, finding the PEC properly determined that
the Vail Town Code was not properly applied in regard to the September 20, 2023
interpretation by the Administrator of the Community Development Department
concerning Section 12-2-2 Definitions, Vail Town Code, regarding the determination of
operty located at 302 Hanson Ranch Road, Suite
110/Lot 1, Block 5A, Vail Village Filing 5.
Should the Vail Town Council choose to overturn the decision of the Planning and
Environmental Commission, the following motion is recommended:
"I move that the Vail Town Council overturn the November 13, 2023, decision of the
Planning and Environmental Commission, finding the Vail Town Code was properly
applied in regard to the September 20, 2023 interpretation by the Administrator of the
Community Development Department concerning Section 12-2-2 Definitions, Vail
perty
located at 302 Hanson Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5.
IX. ATTACHMENTS
A. 9-20-2023
B. Appeal Application 10-3-2023
Town of Vail Page 4
07/18/2023
C. Supporting Materials
D. PEC Results 11-13-2023
E. Public Comment Mill Creek HOA 12-11-23
F. Public Comment Altitude Community Law 12-12-23
G. Applicant s Response to Public Comment
H. TC23-0003 PEC Staff Memo 11-13-23
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 13, 2023
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town code, of an
interpretation by the Administrator of the Community Development Department
concerning Section 12-2-2, Definitions, Vail Town Code, regarding the
Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5, and setting forth
details in regard thereto. (TC23-0003)
Applicant: Andrew Atkins, representing Constanza Briones
Planner: Greg Roy
I. SUBJECT PROPERTY
The subject property is Suite 110/Mill Creek Court Condominiums, 302 Hanson Ranch
Road, Lot 1, Block 5A, Vail Village Filing 5.
II. PLANNING AND ENVIRONMENTAL REVIEW
Pursuant to Section 12-3-3(A)(4)(c), Appeals of Administrative Decisions: Procedure,
the Planning and Environmental Commission shall have the authority to hear and
decide appeals from any decision, determination, or interpretation by the Administrator
for decisions not related to design guidelines.
III. PROCEDURAL CRITERIA FOR APPEALS
The procedures for an appeal are pursuant to Section 12-3-3 Procedure, Vail Town
Code. All listed procedures for standing of the appellant, notice of the appeal, and
timeliness of the notice of appeal have been met.
Pursuant to Sections 12-3-3A(4) Procedure, Vail Town Code, there are four basic
procedural criteria for an appeal:
Town of Vail Page 2
(a) A notice of appeal shall be filed within 20 days of the final administrative decision.
The notice of appeal shall include all information required by the appeal application
provided by the Department of Community Development and the applicable fee as
established by resolution of the Town Council. Failure to timely file a complete appeal
shall constitute a waiver of the right to appeal.
The appellant submitted the appeal application on October 3, 2023, within the 20 day
appeal period since the determination was received on September 21, 2023.
(b) Within 7 days of receipt of a complete notice of appeal, the Administrator shall
determine whether the appellant has standing to appeal. If the Administrator finds that the
appellant does not have standing, the Administrator shall notify the appellant, in writing,
that the appeal has been dismissed. The dismissal is not subject to further appeal.
By October 10, 2023, the complete notice of appeal and application material was
received, and the appellant was notified of the completeness.
(c) If the Administrator determines that the appellant has standing, the Administrator
shall determine the appropriate review body. Appeals of administrative decisions related
to design guidelines shall be heard by the Design Review Board. All other appeals of
administrative decisions shall be heard by the Planning and Environmental Commission.
The Administrator shall schedule a public hearing before the applicable review body at its
next available meeting to occur within 60 days of the standing determination.
The appellant was determined to have standing and the appeal was scheduled for the
November 13, 2023 PEC meeting within the 60 day window.
(d) At least 15 days prior to the hearing, the Administrator shall send written notice of
the date, time and place of the hearing to the appellant, the applicant and adjacent
property owners, by first class U.S. Mail, postage prepaid. If adjacent property owners
Notice of the appeal was sent out October 27, 2023, at least 15 days prior to the
scheduled date of the hearing.
IV. SUMMARY
The question to be answered by the Planning and Environmental Commission regarding
this appeal is:
Is Suite 110 ?
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Planning and Environmental
Commission shall uphold, uphold with modifications, or overturn the
decision of September 20, 2023.
Town of Vail Page 3
V. BACKGROUND
On September 10, 2023, the Community Development Department staff received
an email request from Andrew Atkins requesting a determination of the floor of
the unit in question. On September 21, 2023, the applicant was given the
determination made by the Administrator that the unit in question is designated
first floor or street level.
On October 3, 2023, within the 20-day appeal period, the applicant submitted an
appeal of this determination.
Following is the section of the Vail Town Code in question:
12-2-2: DEFINITIONS:
FIRST FLOOR or STREET LEVEL. For the purposes of implementing horizontal
zoning, first floor or street level shall be any floor, or portion of any floor, of a
structure located at or nearest to (either above or below) the level of the adjacent
vehicular or pedestrian way, as determined by the Administrator. More than one
floor, or portions of a floor or floors, may be defined as basement or garden level
within a single structure. For the purposes of determining floor level, the following
factors may be considered: site topography, location of building entrances and
facades relative to the adjacent vehicular or pedestrian ways, interior building
layout, proximity to adjacent vehicular or pedestrian ways and relationships to
other floors in the structure.
VI. APPLICABLE DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 Zoning Regulations, Vail Town Code
12-2-2: DEFINITIONS OF WORDS AND TERMS:
BASEMENT OR GARDEN LEVEL. For the purposes of implementing horizontal
zoning, BASEMENT OR GARDEN LEVEL shall be any floor, or portion of any floor, of
a structure located below the first floor or street level of that structure, as determined by
the Administrator. More than one floor, or portions of a floor or floors, may be defined as
BASEMENT OR GARDEN LEVEL WITHIN A SINGLE STRUCTURE. For the purposes
of determining floor level, the following factors may be considered: site topography,
location of building entrances and facades relative to the adjacent vehicular or
pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian
ways and relationships to other floors in the structure.
Town of Vail Page 4
FIRST FLOOR or STREET LEVEL.For the purposes of implementing horizontal
zoning, first floor or street level shall be any floor, or portion of any floor, of a structure
located at or nearest to (either above or below) the level of the adjacent vehicular or
pedestrian way, as determined by the Administrator. More than one floor, or portions of
a floor or floors, may be defined as basement or garden level within a single structure.
For the purposes of determining floor level, the following factors may be considered: site
topography, location of building entrances and facades relative to the adjacent vehicular
or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian
ways and relationships to other floors in the structure.
VII. DISCUSSION ITEMS
1. The appellant claims in their appeal letter that the unit should be classified
as a basement or garden level. The Community Development Department has
determined that this unit is designated a first floor or street level unit.
The code states,
of a structure located at or nearest to (either above or below) the level of the adjacent
. The definition also states that there are factors that may
location of building entrances and
.
Considering the definition and the unit location (pictured below), the unit presents itself
as a first floor or street level unit. The unit fronts on a pedestrian pathway at a
consistent grade level. The façade relevant to the pedestrian way does not require
steps or stairs down to the unit but is flush with the adjacent grades.
Although the unit has a Hanson Ranch Road address, it is not accessible from that
road. The main entrance is from the interior of the site, which is at a consistent grade
with the main pedestrian pathway and access to the Village. As such, a first floor or
street level designation is most appropriate.
Town of Vail Page 5
2. Previous determinations of adjacent units.
As noted in the application an adjacent unit at 108-
. This unit is across the pedestrian area just to the left of the area
pictured above.
unit, but that decision was overturned at the December 19, 1994 PEC meeting.
Attached are the minutes and staff report from that meeting. The minutes show that the
voted to overturn the
Staff contends the original staff determination made in 1993 was accurate and the same
floor level should be applied to the property subject to this appeal.
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Planning and Environmental
Commission shall uphold, uphold with modifications, or overturn the
decision of September 20, 2023.
Town of Vail Page 6
Should the Planning and Environmental Commission uphold the determination of the
Administrator, the following statement is recommended:
The Planning and Environmental Commission upholds the September 20, 2023
interpretation by the Administrator of the Community Development Department
concerning Section 12-2-2 Definitions, Vail Town Code, regarding the
With the following findings:
was properly applied in regard to the September 20, 2023
interpretation by the Administrator of the Community Development Department
concerning Section 12-2-2 Definitions, Vail Town Code, regarding the
Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5
Should the Planning and Environmental Commission overturn the determination of the
Administrator of the Community Development Department, the following statement is
recommended:
Planning and Environmental Commission finds as follows:
The Vail Town Code was not properly applied in regard to the September 20,
2023 interpretation by the Administrator of the Community Development
Department concerning Section 12-2-2 Definitions, Vail Town Code, regarding
Hanson Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5.
The Planning and Environmental Commission hereby overturns the decision of
the interpretation by the Administrator of the Community Development
Department concerning Section 12-2-2 Definitions, Vail Town Code, regarding
Hanson Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5
IX. ATTACHMENTS
A. 9-20-2023
B. Appeal Application 10-3-2023
C. PEC Results (in part) 12-19-1993
12/19/2023
Q:\USERS\VAIL\CORR\2023\ATKINS-L121923.DOCX
Corey Y. Hoffmann
Kendra L. Carberry
Jefferson H. Parker
M. Patrick Wilson
Of Counsel
J. Matthew Mire
Hilary M. Graham
Kathryn M. Sellars
511 16th Street, Suite 610
Denver, CO 80202-4260
(303) 825-6444
Daniel P. Harvey
Ruthanne H. Goff
Katharine J. Vera
Elizabeth G. LeBuhn
Austin P. Flanagan
Kunal A. Parikh
Bria I. May
December 19, 2023
Andrew R. Atkins, Esq.
Garfield & Hecht, P.C.
0700 Benchmark Road, Unit 104
P.O. Box 5450
Avon, CO 81620
via email to: aatkins@garfieldhecht.com
Re: Letter to Vail Town Council Dated December 14, 2023 Regarding 302 Hanson
Ranch Road, Suite 110
Dear Mr. Atkins:
Our firm represents the Town of Vail, and I have been asked to respond to the above-
referenced letter on behalf of the Town. Please direct all future communications regarding this
matter to me.
First, your letter purports to give legal advice to the Town Council, despite the fact that the
Town Council is already represented by its own counsel. More importantly, some of that advice
is simply incorrect. While I agree that a call-up of a decision of the Planning and Environmental
Commission ("PEC") is quasi-judicial, there is simply no support for your argument that the Town
Council "must adhere to precedent established by the Town Council's prior decisions." The 1994
decision was a PEC decision, not a decision of the Town Council. And as you note, the appeal to
the PEC in this case was a de novo review under the Vail Town Code; so is the call-up. What the
PEC may have decided almost 30 years ago. regarding an entirely different property, has no
bearing on whether the decision of the PEC in this case was incorrect.
Second, your letter fails to provide any legal or factual support for your client's position
that the space should be considered basement or garden level. I would suggest that, if your client
would like the Town Council to adopt your client's position, your client should present some
substantive arguments or evidence in support of its position.
December 19, 2023
Page 2
12/19/2023
Q:\USERS\VAIL\CORR\2023\ATKINS-L121923.DOCX
Should you wish to discuss this further, please contact me. Please note that this letter will
become part of the record for the call-up of the PEC's decision.
Very truly yours,
Kendra L. Carberry
klc@hpwclaw.com
c: Mayor and Town Council (via email)
Russell Forrest, Town Manager (via email)
TO: Vail Town Council
FROM: Finance Department
DATE: December 19th, 2023
SUBJECT: Fourth Supplemental Appropriation of 2023; 2nd Reading of Ordinance No. 28, Series of
2023
I. SUMMARY
During Tuesday evening’s session, you will be asked to approve the second reading of
Ordinance No. 28 making supplemental appropriations and adjustments to the 2023 budget.
II. DISCUSSION
Changes to the budget supplemental request since first reading
Capital Projects Fund
Since the first reading, staff has included a $350,000 transfer from the Capital Projects Fund to
the Residences at Main Vail Fund. The $350,000 is a placeholder for potential billing
discrepancies being disputed. Legally fund expenditures cannot exceed what has been
approved by ordinance. This ensures that there will be enough funding no matter the outcome.
The Residences at Main Vail Fund reflects a transfer in from the Capital Fund and a
corresponding increase in capital expenditures.
The Capital Fund also includes a $150,000 placeholder to implement a new Government
Accounting Standard that requires governments to expense the full cost of qualifying multi-year
subscription software in the year of implementation rather than over the term of the contract.
This is only a change in the timing of when the expense is recorded on a budget basis on the
town’s financial statements. An additional $104,000 is included in the Dispatch Service Fund to
implement this new standard as well.
The 2024 Capital Budget includes $133,000 for an expansion to the police department vehicle
fleet to complete the final phase of the PD take-home vehicle program.
Staff is requesting to move these funds forward to the 2023
budget to allow staff to contract for the vehicles in December. The 1st supplemental of 2024
will include a corresponding decrease.
Real Estate Transfer Tax Fund
During the 1st reading, Council requested confirmation that the Town was going to be
reimbursed in full for $48,000 of fundraising contract costs associated with the Booth Heights
- 2 -
parcel. The Town has received $26,000 in donations towards these costs. The Wild Sheep
Foundation has mailed a reimbursement check for the remaining $22,000 using donations they
have collected. The revenue reimbursement has been included in the Real Estate Transfer Tax
Fund.
The 1st reading of the supplemental included a budget request of $96,500 for additional
expenditures for the Ford Park Master plan. A portion of this ($42,009) is being re-appropriated
from the 2022 budget. Staff is proposing to use savings of $54,591 from the street furniture
project for the remaining amount.
During 2022, Council approved a budget of $25,000 for solar feasibility study however this study
did not take place until 2023. This supplemental reflects the re-appropriation of these funds from
2022.
Housing Fund
The Housing Fund includes a number of additional requests for upcoming housing projects. This
includes utilizing $3.9M of Vail InDeed funds for the predevelopment costs of West Middle
Creek. These funds would be reimbursed to the InDeed program with future bond proceeds
should financing be used to fund the project. Staff has also included a request to transfer
$8 0,000 to the Timber Ridge Fund to begin the first phases of engineering and infrastructure.
Originally this phase of the project was budgeted in full in 2024. This will utilize $500,000 of
already budgeted funds placeheld for Timber Ridge predevelopment costs with an additional
request of $3 0,000. Correspondingly, both the transfer from the Housing Fund and the
capital expenditure of $8 0,000 are budgeted in the Timber Ridge Fund. Lastly, staff has
included an increase in expenditures of $775,000 for the purchase of Pitkin Creek unit 14A
approved by Council and purchased in September. The plan for this unit is to be sold to the
community. A revenue offset from the sale of the unit for $625,000 has also been included.
Timber Ridge Fund
Since the 1st reading, staff has requested more information from Corum property management
about the $7,000 request for tree trimming services. The additional tree trimming services
occurred during the summer in response to a safety concern of large falling branches. Corum
also went back and re-evaluated this request and has since decreased the request to $3,000.
Heavy Equipment Fund
Four police vehicles totaling $251,200 are scheduled and budgeted for replacement in 2024.
Staff is requesting to move those funds forward to the 2023 budget to contract for them in
December. The 1st supplemental of 2024 will include a corresponding decrease.
Repeated from the first reading
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
- 3 -
$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,
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.
- 4 -
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.
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 revenue 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:
- 5 -
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.
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.
- 6 -
$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.
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 offset the decrease in rental income 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.
$32,800 related to personnel expenditures. The majority of this increase relates to salary
adjustments in order to up with market rate. Additionally, Corum had a staff member on
paid leave that they needed to backfill with temporary staffing.
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1
2023 4th Amended
Budget Supplemental Budget
Revenue
Town of Vail Interagency Charge - Premiums 4,748,921$ 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
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 87,528 105,000 192,528
Total Expenditures 3,260,774 257,037 3,517,811 105,000 3,622,811
Revenue Over (Under) Expenditures (78,837) (154,037) (232,874) (55,000) (287,874)
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$ 1,883,490$
TOWN OF VAIL PROPOSED AMENDED 2023 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
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19
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, DISPATCH SERVICES
FUND, RESIDENCES AT MAIN VAIL 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 663,000
Real Estate Transfer Tax Fund 299,943
Housing Fund 1,292,104
Vail Marketing Fund 12,022
Heavy Equipment Fund 478,902
Dispatch Services Fund 105,000
Residences at Main Vail Fund 350,000
Timber Ridge Enterprise Fund 975,600
Interfund Transfers (1,504,000)
Total $ 4,343,939
Ordinance No. 28, Series of 2023
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, 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:
_______________________________
Travis Coggin, Mayor
___________________________
Stephanie Bibbens, Town Clerk
Ordinance No. 28, Series of 2023
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
19th day of December 2023.
____________________________
Travis Coggin, Mayor
ATTEST:
________________________________
Stephanie Bibbens, Town Clerk