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VAIL TOWN COUNCIL MEETING

Evening Session Agenda

Town Council Chambers and virtually by Zoom:
https://vail.zoom.us/webinar/register/WN_9AhfeciYTKqT_P5vKtOreg

6:00 PM, December 19, 2023


Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item.

Public comment will be taken on each agenda item.

Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
1.

Call to Order

 
2.
Citizen Participation (10 min.)
 
2.1

Citizen Participation

 
Citizen Participation.pdf
3.
Any action as a result of executive session
 
4.
Consent Agenda (5 min.)
 
4.1

November 7, 2023 TC Meeting Minutes

 
110723 meeting minutes.pdf
4.2

November 21, 2023 TC Meeting Minutes

 
112123 meeting minutes.pdf
4.3

Resolution No. 50, Series of 2023, A Resolution of the Vail Town Council Reappointing Cyrus Buck Allen III as the Presiding Judge of the Vail Municipal Court

Motion to appoint Cyrus Buck Allen III as Municipal Judge for Town of Vail.


Background:

Section 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years.


 
Judge Appt-R121323.docx
4.4

Resolution No. 51, Series of 2023, A Resolution Approving an Amendment to a Deed Restriction Agreement Between the Town of Vail and Altus Vail Unit Owner, LLC 

Approve, approve with amendments, or deny Resolution No. 51, Series 2023.


Background:

The Town of Vail and Altus Vail Unit Owner, LLC (Altus) would like to amend the current Deed Restriction Agreements, dated October 25, 2021, to allow for Altus to lease the deed restricted units for up to 12 months at a time. 


 
Resolution 51 Altus Deed Restriciton Amend.docx
5.
Presentations/Discussion
 
5.1

Vail Mountain Update (15 min.)

Presenter(s): Beth Howard, Chief Operating Officer, Vail Mountain and Nadia Guerriero, Senior Vice President/COO of the Rockies Region


 
6.
Town Manager Report (10 min.)
 
6.1

Town Manager Report

 
6.2

Council Matters and Status Report

 
231219 Matters.docx
7.

Action Items

 
7.1

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

10 min.

Approve, approve with amendments, or deny Resolution No. 49, Series of 2023.


Presenter(s): George Ruther, Housing Director

Background:

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. 


 
Resolution No 49 Series of 2023 West Middle Creek Pre Development Agreeement Memo 12192023.docx
2023-49 West Middle Creek.docx
Pre-DA-A120723.docx
EX A - Legal Desc of W Middle Creek Parcel.pdf
Exhibit B Milestones Addendum.pdf
- 2023.12.13_Design Schedule V6.1.pdf
Exhibit C Pre-developmnet Agreement.pdf
7.2

Ordinance 29, 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 Maximum Height of Retaining Walls in the Housing Districts

20 min.

Approve, approve with amendments, or deny Ordinance 29, Series of 2023, First Reading. 


Presenter(s): Greg Roy, Planning Manager

Background:

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. There was no follow-up motion on the item and it did not move forward. Revisions were made to the proposal based on input received and the item returned 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).


 
Attachment A. Ordinance No. 29, Series of 2023.pdf
Attachment B. PEC23-0026_Memo_12-11-23.pdf
Attachment C. PEC Results 12-11-23.pdf
Ord #29 of 2023 Staff Memo 12-19-23.pdf
8.
Public Hearings
 
8.1

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, Regarding the Determination of “First Floor or Street Level”

30 min.

Uphold, uphold with modifications, or overturn the Planning and Environmental Commission's November 13, 2023 decision.


Presenter(s): Greg Roy, Planning Manager

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.

 

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.


 
Attachment A. Administrators Interpretation Letter 9-20-2023.pdf
Attachment B. Appeal Application 10-3-2023.pdf
Attachment C. Supporting Materials.pdf
Attachment D. PEC Results 11-13-23.pdf
Attachment E. Public Comment - Mill Creek HOA 12-11-23.pdf
Attachment F. Public Comment - Altitude Community Law 12-12-23.pdf
Attachment G. Applicant's Response to Public Comment
Mill Creek Call-Up Memo 12-19-23.pdf
Attachment H. TC23-0003 Appeal - PEC Staff Memo 11-13-23.pdf
Re: Letter to Vail Town Council Dated December 14, 2023 Regarding 302 Hanson Ranch Road, Suite 110
8.2

Ordinance No. 28, Series of 2023, Second Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fund, Housing Fund, Vail Marketing Fund, Heavy Equipment Fund, 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

5 min.

Approve, approve with amendments, or deny Ordinance No. 28, Series of 2023 upon second reading.


Presenter(s): Carlie Smith, Finance Director

Background:

Please see attached memo. 


Staff Recommendation:

Approve, approve with amendments, or deny Ordinance No. 28, Series of 2023 upon Second Reading.


 
231219 4th Supplemental Budget 2nd Reading.pdf
Ord #28- 4th Supp 2023 2nd Reading.pdf
9.

Adjournment 7:45pm (estimated)

 


Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org.

Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711.