HomeMy WebLinkAbout2018-08-21 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
5:30 PM, August 21, 2018
TOWN Of 4IAJt
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 of Order
2. Action Items
2.1. Colorado Coalition of Climate Action 2018-2019 Policy
Presenter(s): Greg Clifton, Town Manager
Action Requested of Council: Approve and adopt the CC4CA 2018-2019
policy.
Background: The Town of Vail is an active member of the Colorado
Coalition for Climate Action — a consortium of 19 Colorado cities and
counties. Council approved the policy agenda for CC4CA last year, and the
Colorado Coalition is going through the same exercise this year. The
advocacy efforts and objectives for the 2018-2019 policy largely aligns with
Council's own goals and actions as set forth in the Town Council 2015-17
Action Plan and the current 2018-20 Town Council Action Plan.
10 min.
3. Public Hearings
3.1. Ordinance No. 12, Series of 2018, First Reading, An Ordinance for a Zone 5 min.
District Boundary Amendment, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to allow for a rezoning of two parcels of land located in the
vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail
Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The
rezoning will change the Zone District from Agriculture and Open Space
(A) District to the Public Accommodation (PA) District, and setting forth
details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 12, Series of 2018, upon first
reading.
Background: The applicant, VailPoint LLC, represented by Pylman &
Associates, Inc., is requesting a zone district boundary amendment,
August 21, 2018 - Page 1 of 171
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch
Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of
Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District
from Agriculture and Open Space (A) District to the Public Accommodation
(PA) District.
Staff Recommendation: On June 25, 2018, the Planning and Environmental
Commission (PEC) was unable to forward a recommendation to the Vail
Town Council for a zone district boundary amendment. The PEC
deadlocked 3-3 on a motion to recommend approval of the zone change
with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative
and Commissioners Gillette, Hopkins and Perez opposed. Commissioner
Lockman was absent from this meeting.
3.2. Ordinance No. 13, Series of 2018, Second Reading, An Ordinance for a 5 min.
Prescribed Regulation Amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas;
Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K,
Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the
"parking pay -in -lieu" zones for parking regulations purposes, and setting
forth details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 13, Series of 2018, upon second
reading.
Background: The applicants, Lazier Lionshead LLC & Battle Mountain
LLC, represented by Braun Associates, Inc., are requesting the first
reading of Ordinance No. 14, Series of 2018, an ordinance for a
prescribed regulation amendment, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund
Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and
Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking
pay -in -lieu" zones for parking regulations purposes, located in the vicinity
of 500 and 534 East Lionshead Circle.
Staff Recommendation:
The Vail Town Council unanimously approved first reading of
Ordinance No. 13, Series of 2018 on August 7, 2018.
3.3. Ordinance No. 14 Series of 2018, Second Reading, An Ordinance for a
Prescribed Regulation Amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of
Words and Terms pertaining to Commercial Ski Storage/Ski Club, and
setting forth details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 14, Series of 2018, upon second
reading.
Background: In an effort to provide the community, retailers and code
enforcement with a better understanding of what does and does not
constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber
and Business Association recommend that the Vail Town Council consider
the proposed changes to the definition of Commercial Ski Storage/Ski
Clubs in the Vail Town Code.
Staff Recommendation: On August 7, 2018, the Vail Town Council, by a
vote of 4-3 (Mason, Langmaid and Moffet opposed) approved, on
10 min.
August 21, 2018 - Page 2 of 171
first reading, Ordinance No. 14, Series of 2018.
4. Citizen Participation
4.1. Citizen Participation will begin at 6:00 p.m.
5. Adjournment
5.1. Adjournment at 6:15 p.m.
The Vail Town Council will join the community for Hot Summer Nights at the
Gerald Ford Amphitheater
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.
August 21, 2018 - Page 3 of 171
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Colorado Coalition of Climate Action 2018-2019 Policy
PRESENTER(S): Greg Clifton, Town Manager
ACTION REQUESTED OF COUNCIL: Approve and adopt the CC4CA2018-2019 policy.
BACKGROUND: The Town of Vail is an active member of the Colorado Coalition for Climate
Action — a consortium of 19 Colorado cities and counties. Council approved the policy agenda for
CC4CA last year, and the Colorado Coalition is going through the same exercise this year. The
advocacy efforts and objectives for the 2018-2019 policy largely aligns with Council's own goals
and actions as set forth in the Town Council 2015-17 Action Plan and the current 2018-20 Town
Council Action Plan.
ATTACHMENTS:
Description
Colorado Coalition of Climate Action 2018-2019 Policy
August 21, 2018 - Page 4 of 171
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CC4CA
Colorado Communities
for Climate Action
2018-2019 Policy Agenda
Adopted by the CC4CA Steering Committee on June 28, 2018,
for final sign -off by member jurisdictions
Colorado Communities for Climate Action is a coalition of local governments advocating
for policies that protect Colorado's climate for current and future generations. CC4CA's
policy priorities for 2018-2019 reflect unanimous agreement among the coalition
members on steps that should be taken at the state and federal level, often in
partnership with local governments, to enable Colorado and its communities to lead in
protecting the climate. These steps would complement the strong local climate actions
CC4CA members already have underway.
General Policy Principles
These general principles guide the specific policies for which Colorado Communities for
Climate Action advocates:
CC4CA supports collaboration between state and federal government agencies and
Colorado's local governments to advance local climate protection.
CC4CA supports state and federal programs to reduce carbon pollution, including
adequate and ongoing funding of those programs.
CC4CA supports analyses, financial incentives, and enabling policies for the
development and deployment of clean energy technologies.
CC4CA supports locally driven, locally designed programs to support communities
impacted by the clean energy transformation.
August 21, 2018 - Page 5 of 171
CC4CA 2018-2019 Policy Agenda
Policy Positions
Colorado Communities for Climate Action supports the following policy positions:
Local Climate Programs
1. Supports state -level actions to remove barriers and promote opportunities that
allow counties and municipalities to maximize the deployment of local clean energy
options.
The deployment of local energy generation and technology will continue to be a critical
component of Colorado communities' climate efforts. In many cases, regulatory or
legislative limitations exist that will need to be removed for communities to fully explore
new local program options and technologies that can effectively reduce fossil fuel use,
increase energy resilience, and support community values related to climate protection.
For example, the integration of local renewable energy, storage technologies, and
microgrids all support a local jurisdiction's ability to address the supply side of energy-
related emissions.
2. Supports requiring local governments with adopted building codes to include the
most current or appropriate International Energy Conservation Code, or provisions
substantially similar to it, in their building codes and to develop a process for updating
the energy code on a regular basis.
More than 40 percent of the energy consumed in the United States is tied to the use of
buildings. Building codes, consequently, are among the most powerful tools available for
reducing carbon pollution (and, not incidentally, saving money in both residential and
commercial buildings). For instance, the Southwest Energy Efficiency Project estimates
the incremental cost for constructing a new home to meet the 2015 IECC versus the
2006 IECC is about $2,400; with annual energy savings of $390, this efficiency upgrade
results in a six-year simple payback.
While some jurisdictions across Colorado are keeping up with changes to the
International Energy Conservation Code, many communities have not done so. CC4CA
supports the adoption of the most current IECC or amendments to older codes that
have comparable energy efficiency and consumption impacts.
3. Supports state government actions to enable local governments to obtain the
energy use and other data they need to effectively address climate change.
Local governments need convenient and consistent access to data that is essential for
developing and administering local programs that address clean and efficient energy
and reductions in heat -trapping emissions. For example, access to uniform data from
electric and gas utilities is critical for implementing building energy use disclosure and
benchmarking programs designed to make sure building owners, tenants, and others
can be fully informed about energy performance. Local governments also struggle to get
consistent data regarding waste collection and disposal, oil and gas operations, and
other sources of heat -trapping emissions. CC4CA supports state government actions and
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CC4CA 2018-2019 Policy Agenda
policies that lead to uniform systems for collection and distribution of data from
investor-owned and public utilities that is easily accessible to local governments, while
still protective of data privacy for residents and businesses.
State Climate -Specific Programs
4. Supports statutory codification of aggressive and enforceable goals to reduce net
statewide heat -trapping emissions, including the goal of reducing emissions by more
than 26 percent by 2025, compared to 2005 levels, as established by Governor John
Hickenlooper through executive order, and including a further goal of reducing
emissions by at least 80 percent by 2050, compared to 2005 levels.
In July 2017, Governor Hickenlooper issued Executive Order D 2017-015. Among other
provisions, it set an official state goal of reducing statewide carbon pollution by more
than 26 percent by 2025, compared to 2005 levels. CC4CA applauded the governor for
his action, which provides an essential framework for shaping climate protection actions
in Colorado. Meeting this goal would mean that Colorado achieved its share of the
national commitment the United States made under the Paris Agreement.
CC4CA also supports an additional goal of reducing emissions by at least 80 percent by
2050, building on the goal established in 2008 by then -governor Bill Ritter, Jr. in
Executive Order D 004 08. Meeting this goal would mean that Colorado achieved its
share of the global emission reductions scientists say must be achieved or exceeded to
protect the climate from dangerous human interference.
CC4CA supports the codification of the state's emission reduction goals in statute, as
other states have done, so that they remain the cornerstone of state climate protection
actions over time, including following transitions from one governor to another.
5. Supports legislative, regulatory, and administrative actions by the Colorado state
government to achieve the state's emission reduction goals and to implement the
Colorado Climate Plan, and requests an opportunity for meaningful, sustained
engagement by CC4CA in developing those specific steps.
In order to meet the emission reduction goals established by Governor Hickenlooper
and to implement the governor's 2015 Colorado Climate Plan, the state will need to take
additional action. The Colorado Climate Plan is a high-level overview document of state
actions for adapting to future climate change impacts and reducing carbon pollution.
CC4CA believes it essential that the state government provide an opportunity for
meaningful, sustained collaboration with local governments in developing specific
climate actions tied to this climate plan, and proposes that representatives of CC4CA be
included in that process. Following the July 2017 release of Governor Hickenlooper's
executive order, CC4CA initiated a letter to the governor through which 75 local elected
officials expressed support for the executive order and its goals and stated their
readiness and willingness to help his administration shape and implement concrete,
measurable actions that will be needed to meet these goals.
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CC4CA 2018-2019 Policy Agenda
6. Supports the development of a new forecast of future heat -trapping emissions
reflecting Colorado laws and Colorado -specific information by the Colorado
Department of Public Health and Environment, with input from local government and
other stakeholders.
The "Colorado Greenhouse Gas Inventory: 2014 Update Including Projections to 2020 &
2030," prepared by the Colorado Department of Public Health and Environment,
includes a forecast of statewide emissions that utilizes federal Environmental Protection
Agency nationwide assumptions about future emissions policies. As a result, the
inventory does not reflect currently adopted Colorado laws and policies, such as our
Renewable Energy Standard. Without this information, it is impossible to ascertain what
progress Colorado is making (or not) in its effort to reduce carbon pollution. CC4CA in
July 2017 sent a letter to CDPHE recommending the development of a new Colorado
inventory of greenhouse gas emissions that incorporates existing Colorado law and
policy in order to more accurately track the state's progress in achieving its emissions
reduction goals, and will continue working for that action.
7. Supports a comprehensive market-based policy to reduce Colorado's heat -trapping
emissions.
Climate change is considered a market failure by economists because it imposes huge
costs on society—so-called external costs—that are not normally reflected in the prices
of the goods and services causing the cost. To overcome this market failure, CC4CA
supports an effort to internalize the costs by putting a price on heat -trapping emissions
and allowing that price to help drive emission reductions. Such a market-based
approach could be undertaken at national, regional, or state levels, and could take
different forms. One approach would be a tax on greenhouse gas emissions. Another
would be a cap -and -trade program that allows trading of limited emission rights that are
sold and then could be traded to achieve economically efficient emission reductions.
Examples include the Regional Greenhouse Gas Initiative covering ten northeastern U.S.
states and California's statewide cap -and -trade program.
Electricity Generation
8. Supports concrete state government actions to reduce emissions from the
electricity sector in Colorado by at least 25 percent by 2025 and at least 35 percent by
2030, compared to 2012 levels, consistent with the goals established by Governor
John Hickenlooper through executive order.
Executive Order D 2017-015 established new state goals for reducing emissions from the
electricity sector that are consistent with what Colorado was considering to comply with
the U.S. Environmental Protection Agency's Clean Power Plan under the Obama
administration. CC4CA believes that greater emission reductions are possible than called
for in the executive order and that further reductions are needed into mid-century,
especially given the more ambitious targets that Xcel Energy has identified as achievable
in its Colorado Energy Plan currently under consideration by the Public Utilities
Commission. CC4CA supports concrete actions by the Colorado Public Utilities
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CC4CA 2018-2019 Policy Agenda
Commission and the Colorado Department of Public Health and Environment to ensure
that we achieve and exceed these goals.
9. Supports the accelerated retirement of existing fossil fuel based generation facilities
and their replacement with cost-effective and reliable clean energy supplies, through
means that protect both utilities and consumers.
CC4CA supports actions in Colorado to enable the early retirement of fossil fuel -based
power plants and their replacement with clean energy sources, while protecting the
economic interests of both the utilities owning the power plants and electricity
customers.
CC4CA has previously supported legislation to allow refinancing of older, less efficient
power plants, by way of ratepayer -backed bonding, that could make it possible to retire
those plants in favor of newer, cleaner sources while protecting the economic interests
of both utilities and consumers. In August 2017, Xcel Energy and more than a dozen
other entities (including the City of Boulder, a CC4CA member) announced an
agreement to seek approval from the Public Utilities Commission of a proposal to retire
two old, coal-fired generators at the Comanche power plant in Pueblo, to be replaced
with newer energy sources with lower (or no) heat -trapping emissions. The coalition
said the proposal is predicated on the cost of the new energy sources meeting or
beating the current cost of power from the power plants to be retired.
Across the nation, the generation of electricity is rapidly shifting from coal-fired power
plants to less polluting plants, driven primarily by economic forces but sometimes also
by governmental policies and actions, from climate action plans to new authority for
refinancing existing plants. The shift to cleaner electricity generation is driving down
greenhouse gas emissions from that sector and holding down overall national emissions.
10. Supports expanded ability of electric cooperatives to independently purchase local
renewable electricity.
Tri-State Generation and Transmission Association has tried to prevent its customer
electric cooperatives from purchasing electricity generated from local renewable
sources by other suppliers, both directly through attempts to impose contractual
limitations and indirectly through attempts to impose fees. In decisions involving Tri-
State and Delta Montrose Electric Association, the Federal Energy Regulatory
Commission has found these attempts to be in violation of the Public Utilities Regulatory
Policy Act, which actually requires a coop to purchase such electricity, and has blocked
Tri-State from preventing those purchases. CC4CA supports the ability of electric
cooperatives to purchase non-polluting electricity free from these or any similar
limitations.
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CC4CA 2018-2019 Policy Agenda
11. Supports state legislation to incrementally increase the Renewable Energy
Standard.
Colorado's current Renewable Energy Standard requires electricity providers to obtain
these minimum percentages of their power from renewable energy sources:
• Investor-owned utilities: 30 percent by 2020, of which 3 percent must come
from distributed energy resources.
• Large rural electric cooperatives: 20 percent by 2020.
• Municipal utilities and small rural electric cooperatives: 10 percent by 2020.
This standard has been one of the most effective state policies in facilitating the
transition from carbon -intensive fossil fuel electricity sources to renewable sources, and
CC4CA supports giving consideration to incrementally increasing the standard for all
three types of utilities.
12. Supports state legislation to require the Public Utilities Commission to consider all
environmental and health costs of the fuels used by investor-owned utilities to
generate electricity.
Electric utilities should be required to include the costs of carbon pollution when
developing their long-term integrated resource plans, as would have been required
under a bill considered in the 2016 session of the Colorado General Assembly. The
"social cost of carbon" is the economic cost of the impacts of carbon pollution, which
can be used to compare the overall costs and benefits of alternative energy sources.
Legislation requiring utilities to generate at least one scenario identifying the impacts of
carbon pollution would enable utilities, regulators, ratepayers, and others to better
understand the true costs of different choices for electricity generation.
13. Supports grid modernization policies and funding that support distributed
generation, energy storage, high levels of renewable energy generation (distributed
and utility -scale), and appropriate technologies.
A wide array of grid modernization policies and actions are available to utilities that can
reduce energy consumption, better align availability of electricity to demand, expand
renewable energy generation, and collectively reduce carbon pollution from the power
generation sector (while also improving reliability and reducing cost). CC4CA supports
policies and funding that result in these types of grid modernization efforts in Colorado.
Net metering is one example of a policy structure that can result in reduced greenhouse
gas emissions, greater reliability for individual energy users and across the grid,
improved grid resilience, and reduced cost for both utilities and electricity consumers.
Colorado's current net metering policies allow electric customers who invest in
distributed energy technologies to net their solar energy production against their
consumption. Available in at least 40 states, this simple billing arrangement is one of the
most important policies for encouraging rooftop solar and other on-site clean energy
options. Net metering also helps foster the voluntary reduction of heat -trapping
emissions, contributes to the reliability of the electricity supply and distribution systems,
supports the residential and small -commercial renewable energy industry, and helps to
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CC4CA 2018-2019 Policy Agenda
more quickly replace coal-fired power plants with cleaner sources of energy. In recent
years utilities have sought approval from regulatory bodies in many states to either
abandon or reduce net metering rates.
CC4CA supports grid modernization policies like these and opposes efforts to weaken or
eliminate them where they already exist.
Energy Efficiency
14. Supports legislative, regulatory, and administrative actions for electric utilities to
achieve energy efficiency savings of 2 percent per year beyond 2020, building on the
2020 goal established by Governor Hickenlooper through executive order. Municipal
and cooperative utilities should also adopt and achieve similar efficiency targets.
In the 2017 session of the Colorado General Assembly, CC4CA supported HB 17-1227,
which was enacted to extend an existing law requiring regulated utilities to achieve
electricity savings of five percent of retail sales from 2018-2028. Colorado utilities have
already demonstrated that they can readily exceed this modest goal. The Southwest
Energy Efficiency Project reports that from 2008-16 Xcel Energy and Black Hills Energy
achieved ten percent savings, well over one percent per year, with an overall benefit -to -
cost ratio of more than two -to -one. Colorado households and businesses saved nearly
$1.4 billion net over that time period. Governor Hickenlooper's Executive Order D 2017-
015 set a new goal to achieve two percent per year energy efficiency by 2020, which is
readily achievable and should be extended beyond that date.
15. Supports ongoing and sustainable funding for the Weatherization Assistance
Program.
Low-income and vulnerable households spend a disproportionately large percentage of
their income on energy utility bills. The federal Weatherization Assistance Program was
created in 1976 to address this problem. Administered here by the Colorado Energy
Office, WAP provides funding to locally administered home weatherization programs to
provide free weatherization services to Colorado's low-income residents in order to
improve the energy efficiency of their homes. Colorado supplements its annual federal
WAP allocation with state severance tax dollars, both of which can be volatile sources of
revenue. A stable revenue stream for Colorado's eight WAP programs would support
the dual goals of assisting families in reducing their energy bills while promoting safe,
comfortable, and energy-efficient housing.
16. Supports state enabling legislation to provide counties and statutory cities and
towns with the same authority held by home rule cities to implement local energy
conservation policies and programs.
Unlike their home rule municipal peers, Colorado counties and statutory cities and
towns in many cases lack authority to adopt and implement energy conservation
policies and programs. For example, only Colorado home rule cities have statutory
authorization to enact energy conservation ordinances despite how effective they are
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CC4CA 2018-2019 Policy Agenda
for improving the energy efficiency and performance of existing residential and
commercial buildings. Enabling legislation is needed to provide Colorado's counties and
statutory cities and towns with the authority necessary to enact policies and programs
that can support and promote energy conservation within their jurisdictions.
Transportation
17. Supports Colorado's adoption of motor vehicle emission standards, including
requirements for low -emission and zero -emission vehicles, and collaborative efforts
for effective implementation, that are equal to or exceed those already adopted by
California.
The federal Clean Air Act provides authority for California to adopt its own stringent
emissions standards for new motor vehicles and for other states to adopt the California
standards. Twelve states plus Washington, D.C. have adopted California's basic emission
standards. These states represent about 35 percent of the nation's population and the
same share of new motor vehicle sales. Nine of these states have also adopted the
additional California standards requiring manufacturers to achieve specified sales of
zero tailpipe -emission vehicles (i.e., battery -only electric vehicles).
California's vehicle standards have enjoyed unusual bipartisan support, including among
Colorado's congressional delegation, both as an example of cooperative federalism
among federal and state governments and as important for protecting the climate. A
June 2017 letter to the Administrator of the U.S. Environmental Protection Agency
supporting continuation of the EPA waivers under the Clean Air Act for the California
standards was signed by Rep. Mike Coffman, Republican of Colorado, and Rep. Jared
Polis, Democrat of Colorado, along with other Members of Congress from both parties.
In recent years, the basic California standards have been synchronized with federal
emission and fuel efficiency standards. However, the Trump administration is now
planning to weaken the federal standards, which would dramatically undermine
Colorado's efforts to meet our statewide carbon pollution goals. Reducing emissions
from the transportation sector, which has become the sector responsible for the largest
share of greenhouse gases, has to be a centerpiece of climate action in the state.
At the urging of a wide range of interests across the state, including CC4CA, Governor
Hickenlooper's June 2018 executive order (B 2018 006) directs the Colorado
Department of Public Health and Environment to develop an advanced clean car
standards rule and formally propose adoption of this rule by the Colorado Air Quality
Control Commission. CC4CA supports Colorado adopting the California vehicle
standards, including the so-called ZEV (zero -emissions vehicle) standards, and CC4CA
supports the kinds of flexible approaches to implementing the ZEV standard here in
Colorado that we have seen adopted in other ZEV states.
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CC4CA 2018-2019 Policy Agenda
18. Supports implementation of the Colorado Electric Vehicle Plan, including new state
government actions to accelerate the purchase and use of zero emission vehicles.
Nationally, transportation has become the sector responsible for the most carbon
pollution. Colorado's recent population growth has led to a commensurate increase in
vehicle miles traveled, which has overtaken the emissions reductions made possible
through the increasing fuel efficiency of the statewide vehicle fleet. Electrification of
light- and heavy-duty vehicles, as well as other emerging zero -emissions technologies,
holds perhaps the greatest promise for emissions reductions in this sector. CC4CA
supports legislative, regulatory, and administrative action to increase the adoption of
electric vehicles by investing in electric vehicle charging stations, educating customers
about EVs, and providing customer incentives. CC4CA also supports the current plan to
commit a portion of Colorado's share of the Volkswagen emissions control violations
settlement to the construction of electric vehicle charging infrastructure across
Colorado, and adoption of the California motor vehicle emission standards (see #17
above), including their provisions on sales of zero -emission vehicles.
Fossil Fuel Extraction Activities
19. Supports legislative, administrative, and regulatory actions to expand the
monitoring of and reduce the full life cycle emissions from fossil fuel extractive
industry activities.
The mining and extraction of fossil fuels can result in significant levels of carbon
pollution. One primary culprit is methane. Methane has a shorter -lived but much more
potent heat -trapping effect than carbon dioxide; thus, reducing methane emissions is a
highly effective way to buy time to implement more comprehensive actions to reduce
industry -wide carbon dioxide emissions. As one example, in 2014 Colorado adopted
rules to limit methane emissions from oil and gas operations by requiring oil and gas
companies to find and fix methane leaks in its extraction and delivery infrastructure. The
rules also require industry to capture methane and volatile organic compounds, both of
which contribute to ground -level ozone pollution.
CC4CA supports legislative, administrative, and regulatory actions like these to reduce
greenhouse gas emissions throughout the entire extraction and transportation
processes involving raw fossil fuels. CC4CA also supports expanded monitoring of the
full life cycle emissions from these activities.
Solid Waste Reduction
20. Supports adoption and implementation of a plan by the Colorado Department of
Public Health and Environment to achieve the statewide waste diversion goals
established by the Solid and Hazardous Waste Commission.
Recycling and composting reduce emissions of both methane and carbon dioxide.
Colorado has a low solid waste diversion rate of 19 percent, compared with the national
average of 34 percent. In August 2017, the Colorado Solid and Hazardous Waste
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CC4CA 2018-2019 Policy Agenda
Commission adopted new statewide and regional municipal solid waste diversion goals,
including separate goals for 11 Front Range counties and for the remainder of the state
for the years 2021, 2026, and 2036. Statewide, the goal is to increase the diversion rate
to 45 percent by 2036. CC4CA supports CDPHE's efforts to increase solid waste diversion
rates.
General
21. Supports the protections and authorities currently provided under environmental
laws like the Clean Air Act and the Clean Water Act.
Protecting Colorado's air, water, and land is vital to its environment, economy, and
people. The protections and authorities afforded by landmark federal laws such as the
Clean Air Act and Clean Water Act are foundational to the fight against climate change.
For example, the 2007 ruling by the U.S. Supreme Court that heat trapping emissions
are air pollutants and thus subject to regulation under the Clean Air Act, and the
subsequent 2009 U.S. Environmental Protection Agency endangerment finding that
indeed, heat trapping emissions present a danger to public health, obligate our federal
government to utilize the protections provided by the Clean Air Act to take action to
limit emissions. Local governments rely on these protections and can be critical allies in
this effort, as scores of communities across Colorado already are implementing a broad
array of initiatives to advance climate protection at the local level, and often doing so in
collaboration with the state and federal governments. But we know more must be done.
CC4CA communities support the protections and authorities provided under the body of
existing environmental law, including the Clean Air Act and Clean Water Act, and will
strongly oppose legislative, regulatory, and other efforts to roll back or diminish them.
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TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 12, Series of 2018, First Reading, An Ordinance fora Zone
District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow
for a rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of
Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The
rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public
Accommodation (PA) District, and setting forth details in regard thereto.
PRESENTER(S): Jonathan Spence, Senior Planner
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 12, Series of 2018, upon first reading.
BACKGROUND: The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is
requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson
Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail
Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space
(A) District to the Public Accommodation (PA) District.
STAFF RECOMMENDATION: On June 25, 2018, the Planning and Environmental
Commission (PEC) was unable to forward a recommendation to the Vail Town Council for a zone
district boundary amendment. The PEC deadlocked 3-3 on a motion to recommend approval of
the zone change with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and
Commissioners Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from
this meeting.
ATTACHMENTS:
Description
Staff Memorandum
A. Ordinance No. 12, Series of 2018
B. Staff Memorandum, PEC18-0022, June 25, 2018
C. PEC Minutes, June 25, 2018
D. Applicant Narrative, May 2018
E. Letter of Opposition from residents in the vicinity, August 7, 2018
August 21, 2018 - Page 15 of 17
TOWN ofvain
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: August 21, 2018
SUBJECT: First reading of Ordinance No. 12, Series of 2018, an ordinance rezoning two
parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of
Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village
Fifth Filing. The rezoning will change the Zone District from Agriculture and
Open Space (A) District to the Public Accommodation (PA) District, and setting
forth details in regard thereto. (PEC18-0022)
Applicant: VailPoint LLC, represented by Pylman & Associates, Inc.
Planner: Jonathan Spence
I. SUMMARY
The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch
Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail
Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open
Space (A) District to the Public Accommodation (PA) District.
On June 25, 2018, the Planning and Environmental Commission (PEC) was unable to
forward a recommendation to the Vail Town Council for a zone district boundary amendment.
The PEC deadlocked 3-3 on a motion to recommend approval of the zone change with
Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and Commissioners
Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from this meeting.
Please find the staff memorandum to the PEC included as Attachment B, the minutes from
the June 25th meeting ( Attachment C), the applicant's narrative (Attachment D) and a letter
of opposition from residents in the vicinity (Attachment E).
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 12, Series of 2018, upon first reading.
August 21, 2018 - Page 16 of 17
III. BACKGROUND
In 1963, Vail Associates conveyed the entirety of Lot d, Block 2, Vail Village First Filing (Lot
d) to Christiania -at -Vail, Inc. (VailPoint's predecessor in title). Lot d is comprised of the
present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single
family residence at 366 Hanson Ranch Road.
Over time and apparently prior to enactment of subdivision regulations in the Town,
Christiania- at -Vail, Inc. severed portions of Lot d. They did so by recording deeds that
described these smaller parcels by metes and bounds description. These deeds effectively
served to subdivide Lot d, although not through the process that would be required today.
The property at 366 Hanson Ranch Road is one of these severed parcels.
The property has an existing residence that was built in the early 1960s, prior to the
incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge
and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land
to the south of the home and to the east of the home (between the home and the Tivoli
Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail
Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing.
For as long as 50 years, the existing property and the properties subject to the rezoning have
been surrounded by a fence. For unknown reasons, the fence was not built on the deeded
property line and instead encloses a larger area, both to the south and east. All previous
owners have treated the fenced area as an integral part of the property and have landscaped
and maintained it consistent with the remainder of the property.
In January, 2018, the Eagle County District Court entered an Order and Decree Quieting
Title (Court Order) to this area outside the deed boundary but inside the fence. Recognizing
the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of
the lands within the fence.
The intent of this application is to complete the process started by the Court Order. The re-
zoning application seeks to rezone the subject property from Agriculture and Open Space (A)
to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d.
This action will also ensure that all lands within the subject property have the same zoning
designation.
The total area of land within the existing fence and proposed lot is 13,242 square feet. The
original metes and bounds description of the 366 Hanson Ranch Road property consists of
7,862 square feet. The additional area within the fence that the Court recognized as
VailPoint's property is 5,380 square feet.
On June 25, 2018, the Planning and Environmental Commission approved an exemption
plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code,
to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E,
Town of Vail Page2
August 21, 2018 - Page 17 of 17
Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d,
Block 2, Vail Village Filing 1. The map below shows the location of these parcels:
VAILPOINT
Exemption Plat & Rezoning (PEC18-0022, PEC18-0025)
366 Hanson Ranch Road/Lot D, Block 2, Vail Village Filing 1
0
� I
0 25 so 100
,�_. .,.,..�.��..�..��.�. M�P•�etibdm�d���a,�eiamsoie rownoFvn'_iii
IV. REVIEW CRITERIA
Before acting on an application for a zone district boundary amendment, the planning and
environmental commission and town council shall consider the following factors with respect
to the requested zone district boundary amendment:
1. The extent to which the zone district amendments are consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town.
The Vail Land Use Plan designation and applicable planning document for the subject
property is the Vail Village Master Plan. The Public Accommodation Zone district designation
for this property is consistent with the adjacent parcels and is consistent with the goals,
objectives and policies outlined in the Vail Village Master Plan.
Town of Vail
Page 3
August 21, 2018 - Page 18 of 17
The lands within the fence have long been perceived and used as an integral part of the
existing home. The amendment of the zone district boundaries to conform to the fenced area
will have little or no overall effect upon the larger goals of the community. The amendment, in
concert with the exemption plat, will bring the property into greater conformance with the
development standards of the Public Accommodation Zone District including minimum lot
size, setbacks, site coverage and landscaping.
The proposed rezoning is supported by the Goals #1 and #2 of Vail Village Master Plan that
speak to encouraging high quality redevelopment and the importance of the tourist industry to
the health and vitality of the community.
Goal #4 is relative to open space and is relevant to the zone district boundary amendment
request. Because it was within the fence, the 5,380 square feet of area proposed for zone
change has likely not ever been a part of the perceived open space corridor behind or
adjacent to the home. The Vail Village Master Plan was originally adopted in 1990. The area
proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and
used exclusively and privately by the owners of the home since well prior to, and since, 1990.
The re -zoning of this land will not impact the historic area of perceived open space that exists
in this area. The lands outside of the fence will remain zoned as Agricultural and Open
Space.
Staff finds this criterion to be met.
2. The extent to which the zone district amendments are suitable with the existing
and potential land uses on the site and existing and potential surrounding land uses
as set out in the town's adopted planning documents.
The zone district boundary amendment is both suitable and compatible with the existing and
proposed land uses on the site and the existing and potential surrounding land uses. The
rezoning and accompanying exemption plat will bring the property into greater conformance
with the development standards of the Public Accommodation Zone District including
minimum lot size, setbacks, site coverage and landscaping that will assist in redevelopment.
As the rezoning follows the historical fence boundary, no impacts on surrounding land uses
are anticipated.
Staff finds this criterion to be met.
3. The extent to which the zone district amendments present a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
The proposed zone district amendments will create a cohesive land use scheme consistent
with the development objectives of the town, namely orderly development and redevelopment
under a unified zoning designation.
Town of Vail Page 4
August 21, 2018 - Page 19 of 17
Staff finds this criterion to be met.
4. The extent to which the zone district amendments provide for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
The zone district boundary amendment proposes to recognize the lot boundary correction
and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property.
This zone district designation is consistent with the Vail Village Master Plan and does not
constitute spot zoning. The application fosters order in the sense that it aligns zone district
and subdivision boundaries.
Staff finds this criterion to be met.
5. The extent to which the zone district amendments result in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
featu res.
The proposed rezonings will not result in adverse impacts to the natural environment. Future
developments on the reconfigured and rezoned parcels will be required to adhere to all
applicable environmental standards during development review, construction and facility
operation.
Staff finds this criterion to be met.
6. The extent to which the zone district amendments are consistent with the
purpose statement of the proposed zone district.
The proposed rezoning is consistent with the purpose statement of the Public
Accommodation (PA) Districts and future development on the property will also be required to
be compatible with its intent. As stated previously, the rezoning and accompanying
exemption plat bring the project into greater compliance with the development standards of
the zone district.
Staff finds this criterion to be met.
7. The extent to which the zone district amendments demonstrate how conditions
have changed since the zoning designation of the subject property was adopted and is
no longer appropriate.
The proposed zone district boundary amendment recognizes the historical boundary of the
property. With the recent court action concerning this property, maintaining the existing
zoning designation would be inappropriate.
Staff finds this criterion to be met.
Town of Vail Page5
August 21, 2018 - Page 20 of 17
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezonings.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 12, Series of 2018, upon
first reading, the Community Development Department recommends the Council pass the
following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 12, Series of 2018, an
ordinance rezoning two parcels of land located in the vicinity of 366 Hanson Ranch
Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail
Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open
Space (A) District to the Public Accommodation (PA) District, and setting forth details in
regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 12 Series of 2018, the
Community Development Department recommends the Council make the following
findings:
"Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum
to the Planning and Environmental Commission dated June 25, 2018, and the evidence
and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of
the town and promote the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
VI. ATTACHMENTS
A. Ordinance No. 12, Series of 2018
B. Staff Memorandum, PEC18-0022, June 25, 2018
C. PEC Minutes, June 25, 2018
D. Applicant Narrative, May 2018
E. Letter of Opposition from residents in the vicinity, August 7, 2018
Town of Vail Page 6
August 21, 2018 - Page 21 of 17
ORDINANCE NO. 12
SERIES OF 2018
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF
TWO PARCELS OF LAND LOCATED IN THE VICINITY OF 366 HANSON RANCH ROAD;
A PORTION OF LOT D-1, BLOCK 2, VAIL VILLAGE FIFTH FILING AND A PORTION OF
TRACT E, VAIL VILLAGE FIFTH FILING. THE REZONING WILL CHANGE THE ZONE
DISTRICT FROM AGRICULTURE AND OPEN SPACE (A) DISTRICT TO THE PUBLIC
ACCOMMODATION (PA) DISTRICT, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a
home rule Town duly existing under the Constitution and laws of the State of Colorado and its
home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for
amending a zone district boundary;
WHEREAS, the subject property, described in Exhibit A, attached hereto and incorporated
herein by this reference, (the "subject property");
WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to
establish comprehensive zoning regulations for the Town of Vail;
WHEREAS, the purpose of the amendment is to establish a development site with uniform
zoning for the property known as 366 Hanson ranch Road;
WHEREAS, the Vail Town Council finds and determines 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;
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town
Code furthers the general and specific purposes of the Zoning Regulations; and
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the
health, safety, morals, and general welfare of the town and promote the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the
highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following zone district boundary amendment as
Ordinance No. 12, Series 2018
-1-
August 21, 2018 - Page 22 of 17
further described in Exhibit A: Agriculture and Open Space (A) District to the Public
Accommodation (PA) District
Section 2. Condition Precedent and Expiration The rezoning set forth in
Section 1 hereof shall take effect on the date that the Exemption Plat for the Lot 1, 366
Hanson Ranch Road Subdivision, is properly recorded with the Eagle County Clerk and
Recorder; provided that, if the Exemption Plat for the Lot 1, 366 Hanson ranch Road
Subdivision has not been properly recorded by August 7, 2020 the rezoning set forth in
Section 2 hereof shall not take effect.
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The zone district boundary amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the town;
b. The zone district boundary amendment is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas; and,
c. The zone district boundary 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.
d. This ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases
be declared invalid.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
Ordinance No. 12, Series 2018
-2-
August 21, 2018 - Page 23 of 17
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 21st day of August, 2018, and a public hearing for
second reading of this Ordinance set for the 4th day of September, 2018, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
4th day of September, 2018.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 12, Series 2018
-3
Dave Chapin, Mayor
August 21, 2018 - Page 24 of 17
Exhibit A
Portions of Lot d-1 and Tract E to be rezoned from Agriculture and Open Space
(A) District to the Public Accommodation (PA) District.
Ordinance No. 12, Series 2018
-4
August 21, 2018 - Page 25 of 17
TOWN OF 5!),
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 25, 2018
SUBJECT: A request for a recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to allow for the rezoning of two parcels of land located in
the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail
Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The
rezoning will change the Zone District from Agriculture and Open Space
(A) District to the Public Accommodation (PA) District, and setting forth
details in regard thereto. (PEC18-0022)
Applicant: VailPoint LLC, represented by Pylman & Associates, Inc.
Planner: Jonathan Spence
I. SUMMARY
The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a
recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of
two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-
1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The
rezoning will change the Zone District from Agriculture and Open Space (A) District to
the Public Accommodation (PA) District.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council of this application, subject to
the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A)
and the applicants' narratives (Attachment B) are attached for review.
August 21, 2018 - Page 26 of 17
II. DESCRIPTION OF REQUEST
The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a
recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of
two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-
1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The
rezoning will change the Zone District from Agriculture and Open Space (A) District to
the Public Accommodation (PA) District.
The two portions of parcels are located within the historic fence boundary of the
property, as shown on the exhibit below.
1
—
mak
366 Hanson_Ranch Road
Vail, Colorado
f
Po.lu.n d hxl d -I a Ravi F
FILM
The proposed rezoning, to be approved via ordinance with the Vail Town Council, will
not take effect until the recordation of the final plat to incorporate a portion of Lot d-1,
Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the
existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing
1, has occurred with the Eagle County Clerk and Recorder.
III. BACKGROUND
In 1963, Vail Associates conveyed the entirety of Lot d, Block 2, Vail Village First Filing
(Lot d) to Christiania -at -Vail, Inc. (VailPoint's predecessor in title). Lot d is comprised of
the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and
the single family residence at 366 Hanson Ranch Road.
Over time and apparently prior to enactment of subdivision regulations in the Town
Christiania- at -Vail, Inc. severed portions of Lot d. They did so by recording deeds that
Town of Vail Page 2
August 21, 2018 - Page 27 of 17
described these smaller parcels by metes and bounds description. These deeds
effectively served to subdivide Lot d, although not through the process that would be
required today. The property at 366 Hanson Ranch Road is one of these severed
parcels.
The property has an existing residence that was built in the early 1960s, prior to the
incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail
Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the
east. The land to the south of the home and to the east of the home (between the home
and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot
d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E,
Vail Village Fifth Filing.
For as long as 50 years, the existing property and the proposed properties subject to
the rezoning have been surrounded by a fence. For unknown reasons, the fence was
not built on the deeded property line and instead encloses a larger area, both to the
south and east. All previous owners have treated the fenced area as an integral part of
the property and have landscaped and maintained it consistent with the remainder of
the property.
In January, 2018, the Eagle County District Court entered an Order and Decree
Quieting Title (Court Order) to this area outside the deed boundary but inside the fence.
Recognizing the historic conditions, the Court Order declared VailPoint to be the fee
simple owner of all of the lands within the fence.
The intent of this application is to complete the process started by the Court Order. The
re -zoning application seeks to rezone the property subject to the Court Order from
Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the
existing zoning of the remainder of Lot d. This action will also ensure that all lands
within the subject property have the same zoning designation.
The total area of land within the existing fence and proposed lot is 13,242 square feet.
The original metes and bounds description of the 366 Hanson Ranch Road property
consists of 7,862 square feet. The additional area within the fence that the Court
recognized as VailPoint's property is 5,380 square feet.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master
Plan and the Vail Town Code are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE
Article A. Public Accommodation (PA) District (in part)
12-7A-1: PURPOSE:
Town of Vail Page 3
August 21, 2018 - Page 28 of 17
The public accommodation district is intended to provide sites for lodges and residential
accommodations for visitors, together with such public and semipublic facilities and
limited professional offices, medical facilities, private recreation, commercial/retail and
related visitor oriented uses as may appropriately be located within the same zone
district and compatible with adjacent land uses. The public accommodation district is
intended to ensure adequate light, air, open space, and other amenities commensurate
with lodge uses, and to maintain the desirable resort qualities of the zone district by
establishing appropriate site development standards. Additional nonresidential uses are
permitted as conditional uses which enhance the nature of Vail as a vacation
community, and where permitted uses are intended to function compatibly with the high
density lodging character of the zone district. (Ord. 29(2005) § 24: Ord. 23(1999) § 1:
Ord. 30(1977) § 7: Ord. 8(1973) § 7.100)
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Automated teller machines (ATMs) exterior to a building.
Employee housing units, as further regulated by chapter 13 of this title.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and not occupying more than ten percent (10%) of the total gross
residential floor area of the main structure or structures on the site; additional accessory
dining areas may be located on an outdoor deck, porch, or terrace. (Ord. 12(2008) § 11)
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Fractional fee club units, as further regulated by subsection 12-16-7A8 of this title.
Healthcare facilities.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and occupying between ten percent (10%) and fifteen percent (15%) of the
total gross residential floor area of the main structure or structures on the site.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
Town of Vail
Page 4
August 21, 2018 - Page 29 of 17
Private parking structures.
Private unstructured parking.
Professional and business offices.
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Theaters and convention facilities. (Ord. 12(2008) § 11)
12-7A-4: ACCESSORY USES:
The following accessory uses shall be permitted in the PA district:
Home occupations, subject to issuance of a home occupation permit in accordance
with the provisions of section 12-14-12 of this title.
Meeting rooms.
Minor arcades.
Swimming pools, tennis courts, patios, or other recreation facilities customarily
incidental to permitted lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and
necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord.
6(1982) § 8(b): Ord. 8(1973) § 7.400)
12-7A-5: LOT AREA AND SITE DIMENSIONS:
Town of Vail Page 5
August 21, 2018 - Page 30 of 17
The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable
area and each site shall have a minimum frontage of thirty feet (30). Each site shall be
of a size and shape capable of enclosing a square area eighty feet (80') on each side
within its boundaries. (Ord. 23(1999) § 1: Ord. 12(1978) § 3)
12-7A-6: SETBACKS:
In the PA district, the minimum front setback shall be twenty feet (20), the minimum
side setback shall be twenty feet (20), and the minimum rear setback shall be twenty
feet (20). At the discretion of the planning and environmental commission and/or the
design review board, variations to the setback standards outlined above may be
approved during the review of exterior alterations or modifications (section 12-7A-12 of
this article) subject to the applicant demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between buildings and
riparian areas, geologically sensitive areas and other environmentally sensitive areas.
8. Proposed building setbacks comply with applicable elements of the Vail Village urban
design guide plan and design considerations.
C. Proposed building setbacks will provide adequate availability of light, air and open
space.
D. Proposed building setbacks will provide a compatible relationship with buildings and
uses on adjacent properties.
E. 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. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 50(1978) § 2)
12-7A-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet
(45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48).
(Ord. 23(1999) § 1: Ord. 37(1980) § 2)
12-7A-8: DENSITY CONTROL:
Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be
permitted for each one hundred (100) square feet of buildable site area. Final
determination of allowable gross residential floor area shall be made by the planning
and environmental commission in accordance with section 12-7A-12 of this article.
Specifically, in determining allowable gross residential floor area the planning and
environmental commission shall make a finding that proposed gross residential floor
area is in conformance with applicable elements of the Vail Village urban design guide
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plan and design considerations. Total density shall not exceed twenty five (25) dwelling
units per acre of buildable site area. For the purposes of calculating density, employee
housing units, accommodation units and fractional fee club units shall not be counted
towards density.
A dwelling unit in a multiple -family building may include one attached accommodation
unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 29(2005) §
24: Ord. 5(2003) § 4: Ord. 31(2001) §§ 3, 5: Ord. 23(1999) § 1: Ord. 50(1978) § 19:
Ord. 12(1978) § 2)
12-7A-9: SITE COVERAGE:
Site coverage shall not exceed sixty five percent (65%) of the total site area. Final
determination of allowable site coverage shall be made by the planning and
environmental commission and/or the design review board in accordance with section
12-7A-12 of this article. Specifically, in determining allowable site coverage the planning
and environmental commission and/or the design review board shall make a finding that
the proposed site coverage is in conformance with applicable elements of the Vail
Village urban design guide plan and design considerations. (Ord. 29(2005) § 24: Ord.
23(1999) § 1: Ord. 17(1991) § 7: Ord. 8(1973) § 7.507)
12-7A-10: LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30%) of the total site area shall be landscaped. The minimum
width and length of any area qualifying as landscaping shall be fifteen feet (15') with a
minimum area not less than three hundred (300) square feet. (Ord. 23(1999) § 1: Ord.
19(1976) § 8: Ord. 8(1973) § 7.509)
12-7A-11: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter 10 of this
title. At least seventy five percent (75%) of the required parking shall be located within
the main building or buildings and hidden from public view. No at grade or above grade
surface parking or loading area shall be located in any required front setback area.
Below grade underground structured parking and short term guest loading and drop off
shall be permitted in the required front setback subject to the approval of the planning
and environmental commission and/or the design review board. (Ord. 29(2005) § 24:
Ord. 23(1999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.510)
12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Review Required: The construction of a new building or the alteration of an existing
building shall be reviewed by the design review board in accordance with chapter 11 of
this title. However, any project which adds additional dwelling units, accommodation
units, fractional fee club units, any project which adds more than one thousand (1,000)
square feet of commercial floor area or common space, or any project which has
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substantial off site impacts (as determined by the administrator) shall be reviewed by
the planning and environmental commission as a major exterior alteration in accordance
with this chapter and section 12-3-6 of this title. Complete applications for major exterior
alterations shall be submitted in accordance with administrative schedules developed by
the department of community development for planning and environmental commission
and design review board review. The following submittal items are required:
1. Application: An application shall be made by the owner of the building or the building
owner's authorized agent or representative on a form provided by the administrator. Any
application for condominiumized buildings shall be authorized by the condominium
association in conformity with all pertinent requirements of the condominium
association's declarations.
2. Application; Contents: The administrator shall establish the submittal requirements for
an exterior alteration or modification application. A complete list of the submittal
requirements shall be maintained by the administrator and filed in the department of
community development. Certain submittal requirements may be waived and/or
modified by the administrator and/or the reviewing body if it is demonstrated by the
applicant that the information and materials required are not relevant to the proposed
development or applicable to the planning documents that comprise the Vail
comprehensive plan. The administrator and/or the reviewing body may require the
submission of additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
3. Work Sessions/Conceptual Review: If requested by either the applicant or the
administrator, submittals may proceed to a work session with the planning and
environmental commission, a conceptual review with the design review board, or a work
session with the town council.
4. Hearing: The public hearing before the planning and environmental commission shall
be held in accordance with section 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
section 12-3-3 of this title.
5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article
shall lapse and become void three (3) years following the date of approval by the design
review board unless, prior to the expiration, a building permit is issued and construction
is commenced and diligently pursued to completion. Administrative extensions shall be
allowed for reasonable and unexpected delays as long as code provisions affecting the
proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 5: Ord. 31(2001) § 7:
Ord. 23(1999) § 1)
12-7A-13: COMPLIANCE BURDEN:
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It shall be the burden of the applicant to prove by a preponderance of the evidence
before the planning and environmental commission and the design review board that
the proposed exterior alteration or new development is in compliance with the purposes
of the public accommodation district, that the proposal is consistent with applicable
elements of the Vail Village master plan, the Vail Village urban design guide plan and
the Vail streetscape master plan, and that the proposal does not otherwise have a
significant negative effect on the character of the neighborhood, and that the proposal
substantially complies with other applicable elements of the Vail comprehensive plan.
(Ord. 29(2005) § 24: Ord. 23(1999) § 1)
12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners/developers shall also be responsible for mitigating direct impacts of
their development on public infrastructure and in all cases mitigation shall bear a
reasonable relation to the development impacts. Impacts may be determined based on
reports prepared by qualified consultants. The extent of mitigation and public amenity
improvements shall be balanced with the goals of redevelopment and will be
determined by the planning and environmental commission in review of development
projects and conditional use permits. Substantial off site impacts may include, but are
not limited to, the following: deed restricted employee housing, roadway improvements,
pedestrian walkway improvements, streetscape improvements, stream tract/bank
restoration, loading/delivery, public art improvements, and similar improvements. The
intent of this section is to only require mitigation for large scale
redevelopment/development projects which produce substantial off site impacts. (Ord.
29(2005) § 24: Ord. 23(1999) § 1)
12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA
PROPERTIES:
For any gross residential floor area added to a public accommodation zoned property
following the effective date hereof, a minimum of seventy percent (70%) of the added
gross residential floor area shall be devoted to accommodation units, or fractional fee
club units subject to the issuance of a conditional use permit. This limitation shall not
apply to gross residential floor area being added in accordance with sections 12-15-4
and 12-15-5 of this title. (Ord. 23(1999) § 1)
Vail Land Use Plan (in part)
Chapter 11- Land Use Plan Goals / Policies (in part)
1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
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1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
Chapter VI — Proposed Land Use (in part)
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE
COMMUNITY AS A WHOLE.
Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Objective 2.3: Increase the number of residential units available for short term
overnight accommodations.
Policy 2.3.1: The development of short term accommodation units is
strongly encouraged. Residential units that are developed above existing
density levels are required to be designed or managed in a manner that
makes them available for short term overnight rental.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance
of existing lodging and commercial facilities to better serve the needs of our
guests.
Vail Village Master Plan (in part)
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING
UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS
SENSE OF COMMUNITY AND IDENTITY.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE
COMMUNITY AS A WHOLE.
Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout
the Village and allow for development that is compatible with these established land use
patterns.
Policy 2.1 The zoning code and development review criteria shall be consistent with the
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goals and objectives of the Vail Village Master Plan.
Objective 2.3: Increase the number of residential units available for short-term overnight
accommodations.
Policy 2.3.1 : The development of short term accommodation units is strongly
encouraged. Residential units that are developed above existing density levels are
required to be designed or managed ina manner that makes them available for short
term overnight rental.
GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREEN
SPACE OPPORTUNITIES.
Objective 4.1: Improve existing open space areas and create new plazas with green
space and pocket parks. Recognize the different roles of each type of open space in
forming the overall fabric of the Village.
Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space
areas at the base of Vail Mountain and throughout Vail Village and existing green
spaces shall be preserved as open space.
V. SITE ANALYSIS
Address: 366 Hanson Ranch Road
Legal Description: Part of Lot d, Block 2, Vail Village First Filing, a portion of Lot d-1,
Block 2, Vail Village Fifth Filing and a portion of Tract E, vail Village
Fifth Filing
Existing Zoning: Public Accommodation (PA) District and Agriculture and Open Space
(A) District
Proposed Zoning: Public Accommodation (PA) District
Land Use Plan Designation: Vail Village Master Plan
Current Land Use: Single Family Dwelling Unit
Anticipated Future Land Use: TBD
Geological Hazards: None
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zone District
North: Lodging/Multifamily Public Accommodation (PA) District
South: Open Space Agriculture and Open Space (A) District
East: Lodging/Multifamily SDD #37, Tivoli Lodge with an underlying
zoning of Public Accommodation (PA)
District
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West: Lodging/Multifamily SDD #28, Christiania at with an underlying
zoning of Vail Public Accommodation (PA)
District
VII. REVIEW CRITERIA
Before acting on an application for a zone district boundary amendment, the planning
and environmental commission and town council shall consider the following factors
with respect to the requested zone district boundary amendment:
1. The extent to which the zone district amendments are consistent with all
the applicable elements of the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and is compatible with the development objectives
of the town.
The Vail Land Use Plan designation and applicable planning document for the subject
property is the Vail Village Master Plan. The Public Accommodation Zone district
designation for this property is consistent with the adjacent parcels and is consistent
with the goals, objectives and policies outlined in the Vail Village Master Plan.
The lands within the fence have long been perceived and used as an integral part of the
existing home. The amendment of the zone district boundaries to conform to the fenced
area will have little or no overall effect upon the larger goals of the community. The
amendment, in concert with the exemption plat, will bring the property into greater
conformance with the development standards of the Public Accommodation Zone
District including minimum lot size, setbacks, site coverage and landscaping.
The proposed rezoning is supported by the Goals #1 and #2 of Vail Village Master Plan
that speak to encouraging high quality redevelopment and the importance of the tourist
industry to the health and vitality of the community.
Goal #4 is relative to open space and is relevant to the zone district boundary
amendment request. Because it was within the fence, the 5,380 square feet of area
proposed for zone change has likely not ever been a part of the perceived open space
corridor behind or adjacent to the home. The Vail Village Master Plan was originally
adopted in 1990. The area proposed for re -zoning has been enclosed by a fence,
landscaped as part of the yard and used exclusively and privately by the owners of the
home since well prior to, and since, 1990. The re -zoning of this land will not impact the
historic area of perceived open space that exists in this area. The lands outside of the
fence will remain zoned as Agricultural and Open Space.
Staff finds this criterion to be met.
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2. The extent to which the zone district amendments are suitable with the
existing and potential land uses on the site and existing and potential
surrounding land uses as set out in the town's adopted planning documents.
The zone district boundary amendment is both suitable and compatible with the existing
and proposed land uses on the site and the existing and potential surrounding land
uses. The rezoning and accompanying exemption plat will bring the property into
greater conformance with the development standards of the Public Accommodation
Zone District including minimum lot size, setbacks, site coverage and landscaping that
will assist in redevelopment.
As the rezoning follows the historical fence boundary, no impacts on surrounding land
uses are anticipated.
Staff finds this criterion to be met.
3. The extent to which the zone district amendments present a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
The proposed zone district amendments will create a cohesive land use scheme
consistent with the development objectives of the town, namely orderly development
and redevelopment under a unified zoning designation.
Staff finds this criterion to be met.
4. The extent to which the zone district amendments provide for the growth of
an orderly viable community and does not constitute spot zoning as the
amendment serves the best interests of the community as a whole.
The zone district boundary amendment proposes to recognize the lot boundary
correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch
Road property. This zone district designation is consistent with the Vail Village Master
Plan and does not constitute spot zoning. The application fosters order in the sense that
it aligns zone district and subdivision boundaries.
Staff finds this criterion to be met.
5. The extent to which the zone district amendments result in adverse or
beneficial impacts on the natural environment, including, but not limited to, water
quality, air quality, noise, vegetation, riparian corridors, hillsides and other
desirable natural features.
The proposed rezonings will not result in adverse impacts to the natural environment.
Future developments on the reconfigured and rezoned parcels will be required to
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adhere to all applicable environmental standards during development review,
construction and facility operation.
Staff finds this criterion to be met.
6. The extent to which the zone district amendments are consistent with the
purpose statement of the proposed zone district.
The proposed rezoning is consistent with the purpose statement of the Public
Accommodation (PA) Districts and future development on the property will also be
required to be compatible with its intent. As stated previously, the rezoning and
accompanying exemption plat bring the project into greater compliance with the
development standards of the zone district.
Staff finds this criterion to be met.
7. The extent to which the zone district amendments demonstrate how
conditions have changed since the zoning designation of the subject property
was adopted and is no longer appropriate.
The proposed zone district boundary amendment recognizes the historical boundary of
the property. With the recent court action concerning this property, maintaining the
existing zoning designation would be inappropriate.
Staff finds this criterion to be met.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezonings.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation to the Vail Town Council for a
zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of two parcels of land located in the vicinity of 366
Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion
of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from
Agriculture and Open Space (A) District to the Public Accommodation (PA) District and
setting forth details in regard thereto. Staff's recommendation is based upon the review
of the criteria described in Section VII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the zone district boundary
amendments, the Community Development Department recommends the Commission
pass the following motion:
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"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning
of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of
Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth
Filing. The rezoning will change the Zone District from Agriculture and Open Space
(A) District to the Public Accommodation (PA) District and setting forth details in
regard thereto."
Should the Planning and Environmental Commission choose to forward this
recommendation of approval, the Community Development Department recommends
the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VII of the Staff
memorandum to the Planning and Environmental Commission dated June 25, 2018,
and the evidence and testimony presented, the Planning and Environmental
Commission finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
3. That the amendments promote the health, safety, morals, and general welfare
of the town and promote the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest
quality."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant Narrative, May 2018
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PLANNING AND ENVIRONMENTAL COMMISSION
TOWN OF,,,DJune 25, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Rollie Kjesbo, Karen
Perez, Brian Stockmar
Absent: John -Ryan Lockman
2. Site Visits
2.1. Site Visit - 2841 Basingdale Boulevard
3. Main Agenda
3.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advise 10 min.
on specific legal matters Re: parking issues.
Applicant:
Planner:
Cancelled as Matt Mire unable to attend.
3.2. A request for the review of a Major Exterior Alteration, pursuant to Section
12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for
the conversion of two (2) back of house offices to two (2) Accommodation
Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail
Marriott Mountain Resort), and setting forth details in regard thereto.
(PEC 18-0024)
Applicantfliamondrock Vail Owner LLC, represented by Mauriello Planning
Group
Planner: Jonathan Spence
1. The applicant shall mitigate the impact on employee housing of this
development in accordance with the provisions of Chapter 12-23,
Commercial Linkage, Vail Town Code prior to the issuance of any
building permit.
2. The Transportation Impact Fee shall be paid to the Town of Vail by the
applicant prior to issuance of any building permit.
Planner Spence began by introducing the application and gave a
presentation with the plans and drawings. Spence stated a major alteration is
necessary when adding accommodation units. Spence added the project
has ample GRFA for the conversion. The newly adopted transportation fee is
applicable for the project.
Dominic Mauriello confirmed altering offices to two accommodation units.
He provided no further presentation.
Kurz confirmed no public input.
15 min.
August 21, 2018 - Page 41 of 17
PEC Comments
Kjesbo — The application is straight forward. No comments.
Gillete — Agree
Stockmar — No comments.
Perez — No comments.
Hopkins — No comments.
Kurz — Believes the applicant is complying with employee housing and
transportation provisions. Gaining two accommodation units is a positive for
the Town.
Brian Stockmar moved to approve with conditions. Brian Gillette seconded
the motion and it passed (6-0).
Absent: (1) Lockman
3.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3,
Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a
portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E,
Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch
Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC18-0025)
ApplicantVailPoint LLC, represented by Pylman & Associates, Inc.
Planner: Jonathan Spence
Planner Spence began by introducing the application and stated it would be
best to discuss Items 3.3 and 3.4 together. Spence presented three
correspondences provided to Staff through email. He then presented an
overview of both items.
Rick Pylman, representative of the applicant, provided a presentation to the
PEC. Pylman provided history on 366 Hanson Ranch Road. Lot D was
originally sold by Vail Associates in 1963, prior to zoning and subdivision
regulations. Prior to incorporation into the Town, Lot D was subdivided.
There are three parcels that were split off from Lot D. Pylman stated there
has been a fence area around the Lot for a long time and many subsequent
owners. Pylman clarified the areas around the Lot has been zoned Public
Accommodation. The blue area shown is the original deeded property, the
hatched areas, which are fenced, are outside the deeded area. Pylman
stated the area will all be zoned Public Accommodation.
Pylman stated there are covenants on D-1 and the subject property. The
applicant stated the covenants remain unaffected.
Spence added the covenants will remain unaffected per speaking with the
Town Attorney as well. He added this is private space.
Stockmar asked is there an anticipation of a potential expansion to the
house?
Pylman stated the lot becomes conforming to the minimum lot size.
15 min.
August 21, 2018 - Page 42 of 17
Stockmar stated the house is at its maximum for GRFA.
Gillete asked if there is a such thing as Private Open Space.
Spence stated we should clarify the zoning of the property since 1971 has
been as error since following the meets and bounds description. Staff
believes the property within the fence is private side and backyard, not Open
Space.
Perez asked why is the applicant replatting but not replatting into the correct
zone district.
Spence — The request to plat is to combine the two lots. The appropriate
zoning for this property per the adopted plans is PA.
Hopkins — Asked why the zone district is changing with this application.
Spence — Staff stated we do not allow properties to have multiple zoning. He
also clarified the hatched area of the fence now has a legal description and
is a parcel with the court's description. The hatched area is now under the
ownership of 366 Hanson Ranch Road after court order.
Perez — Are there any development agreements with Vail Resorts that affect
private agreements?
Spence — There was a workshop meeting with Town Council to discuss the
covenants that existed at that time and present day.
Pylman — Stated the client is looking at the possibility of building a lodging
type use within the site.
Stockmar — Asked if there is something happening in the background
outside of the application, such as expanding GRFA.
Spence — Clarified its current use as Single Family would not allow
expansion. There are underlying covenants that severely restrict future
development.
Kjesbo — If the applicant were to build in the future, Kjesbo clarified the
setbacks for the zone district.
Kurz — Asked Spence to clarify the notice requirements of the PEC.
Spence — Listed the recipients of the notice, which met all requirements of
the Code.
Pylman — Did add the newspaper notice was met as well.
Public Comment
Carol Krueger — Kruger was one of the email correspondents with staff. She
asked what reasonable expectations for redevelopment could occur on the
site. Kruger then explained the history of Lot D. She asked the Town to be
clear what the expectations are as this property has been zoned Open
Space. She asked does the Town intend for this property to remain Open
Space in the future. Kruger stated a plat restriction was a viable option.
August 21, 2018 - Page 43 of 17
Spence — Private covenants and zoning are two separate matters. As far as
open space, covenants relate to above ground improvements. The
expectation for a redevelopment is that the lot will be developed per the lot's
zone district. The Town generally does not zone a private space as Open
Space.
Gillete — How is the private open space maintained through a development,
such as Grand Traverse.
Spence — It would not be a rezoning, but would be an amendment to the
development plan.
Hopkins —Asked what would happen if the Town did not vote to change the
zoning.
Spence — Explained the consequences of not voting for approval of the
application. Spence stated the Town of Vail is a party to the covenants,
including members of the subdivision and different layers.
Gillette —Asked how the PEC would preserve the open space.
Spence — Stated this has functioned as private property. It has the zoning of
Agricultural and Open Space. The historic property line has existed for over
50 years and has been perceived as private open space as the backyard of
the single family home.
Sarah Baker (Attorney for the applicant)— To enforce the covenant is the
best way to verify the area is not developed in the future. Stated the Town
has enforceable covenants which it can enforce.
Gillette —Asked if the applicant would plat the area as Open Space.
Stockmar — Stated the PEC has not seen the covenants.
Spence —Added the covenants should not influence the PEC's decision
today.
Sarah Baker — Explained the three covenants.
Kurz — Stated the PEC is asked to review what is before the PEC today.
The PEC is now faced with cleaning up something that was created 50
years ago. Kurz stated the PEC look at the two items (3.3 and 3.4) together
and vote on the direction that the PEC has been asked today or table if the
public has not been provided enough information.
Stockmar — Stated this is a difficult parcel with much time that has passed
since this has been done.
Spence — Clarified that Commissioner Stockmar is referring to one owner.
Stockmar — Wants to know the history and what is going on present day. He
is trying to figure out what is going on and cannot make a decision based on
uncertainties.
Spence — Stated you are being asked today to vote on a consolidated
exemption plat and a recommendation to Town Council for a rezoning.
August 21, 2018 - Page 44 of 17
PEC Comment
Gillette — A split rail fence should not dictate the Town of Vail zoning Code.
Stated it should remain the way it is today. The intent that the area was
intended to be Open Space and should remain as open space.
Stockmar — Stated the PEC look at tabling the application and have the
applicant provide the applicable covenants.
Perez — Asked for the "linked commitment"
Baker — Stated she could read the three covenants. Baker then read the
applicable private covenant recorded July 8, 1963, which references the
south area, not D-1. Baker then read the covenant for Tract E. Baker read
the covenant from 1971.
Gillette — The PEC cannot enforce the covenants, but can enforce open
space.
Kjesbo — Stated he believes it should be consolidated. The PEC cannot deal
with private covenants, but they are in place. He stated he would like to see
the application approved.
Hopkins — The zoning was implemented in 1971 around the Tivoli. It was
intended for the area to be open space and she wants to preserve the area.
Hopkins wants to enforce the covenants around D-1. It is one of the few cut
through points to the mountain during the winter.
Kurz — Agrees with Kjesbo. Stated he had a concern earlier with notification
and stated notices were given appropriately and on time. The fact that the
PEC received three letters today, means the PEC should not table today
due to the notice.
Nuebecker — Stated the PEC should focus on the zoning criteria.
Perez — Asked who is in violation to the view corridor.
Spence — Confirmed there is no view corridor on site. The existing
covenants and zoning would provide development standards and protections.
Hopkins — Asked about the potential to build a 24' wide drive aisle near the
trail.
Stockmar — It appears the applicant has met the requirements that are
necessary to be met.
Kurz — Stated the PEC should not ignore the findings provided by Staff. The
decision should be based on Staff's findings and the criteria provided.
Gillete — Motioned for denial based on Goal #4 of the Vail Village Master
Plan. The motion failed without a second.
Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it
passed (4-2).
Ayes: (4) Hopkins, Kjesbo, Kurz, Stockmar
Nays: (2) Gillette, Perez
August 21, 2018 - Page 45 of 17
Absent: (1) Lockman
3.4. A request for a recommendation to the Vail Town Council for a zone district 20 min.
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of two parcels of land located in the vicinity of
366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth
Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will
change the Zone District from Agriculture and Open Space (A) District to the
Public Accommodation (PA) District, and setting forth details in regard
thereto. (PEC18-0022)
ApplicantVailPoint LLC, represented by Pylman & Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it
failed (3-3).
Ayes: (3) Kjesbo, Kurz, Stockmar
Nays: (3) Gillette, Hopkins, Perez
Absent: (1) Lockman
3.5. A request for review of Major Exterior Alteration, pursuant to Section 12-7B- 45 min.
7, Exterior Alterations or Modifications, Vail Town Code, to allow for
construction of a new multifamily structure with below grade parking, located
at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1,
and setting forth details in regard thereto. (PEC18-0016)
The applicant is returning to the PEC to discuss discreet elements of the
project. No request for formal action is being made at this time. Staff requests
that this item be continued to the July 9, 2018 Planning and Environmental
Commission meeting.
ApplicantBattle Mountain LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
https://www.youtube.com/watch?v=OanGZnfflns&t=11s (Video of automated
parking system)
Planner Spence began by introducing the application and gave a brief
overview.
Tom Braun then spoke on behalf of Battle Mountain LLC. Braun wanted a
follow up to what happened at the previous PEC meeting. The applicant
made refinements to the plans and intends to present the revised plans today.
Braun walked the PEC through today's agenda covering discussion topics
from the 6/11 staff memo. Today's follow up discussion will cover live beds,
setback variance/west wall, and roof and wall interface.
Setback Variance — The site plan shows unified development at the site. The
setback allows for the sites to be merged together. Braun showed several
different solutions to the large western wall, including a mountain graphic
profile.
Kurz — Stated Braun has addressed the PEC's original comment. Stockmar
agreed.
Roof/Wall Interface — Stated the applicant looked at a lot of different
solutions. The south elevation was shown. The dormer brought out to edge
August 21, 2018 - Page 46 of 17
and removed large eave line.
Stockmar — Stated the applicant accommodated the PEC's request and is
moving in the right direction.
Spence — Staff has had the opportunity to review what the PEC sees before
them today. Staff is supportive of the changes.
Roof Material and Snow Shedding — Braun shared photos from other
examples of buildings in Town showing the material.
North Elevation — The rendering shows changes to windows and the dormer
added. This shows the reduction in balconies and windows to reduce
intrusion of the property to the north.
Automated Parking —Automated is used to increase efficiencies, particularly
when working with a small lot and dense areas. There has been a rapid
increase in automated systems in the United States.
Braun then shared a video of the automated system. Braun stated two cars
can move simultaneously with two elevators. The technology will either be
ticket based or fob based systems.
Gillette — Asked if a traffic study would be completed to study the demand
ratio to number of cars would work in the Town of Vail.
Braun — Stated the system can park a car within 90 seconds. The parking is
not for retail parking.
Gillette — Asked if City Lift has dealt with a large amount of silt and salt
during the winter months.
Braun — Maintenance occurs quarterly, but the rate can be increased, if
necessary during the winter months. A system has been installed in
Wisconsin and has been running well, even during the winter months. On the
operations side, most issues are fixed on a computer in LA. One example is
a switch goes out, then a local service provider is sent on sight.
Stockmar — Confirmed access will be taken from the existing alley, which is a
nightmare currently when traffic backs up.
Braun — A good portion of the alley is in the shade. The alley will be heated
to address the past ice issues.
Stockmar — Asked how will parking violations be avoided in the future along
the alleyway.
Braun — Both parties will remedy the situation in the future.
Kjesbo — Asked if a ramp system would work?
Kit Austin — Pierce Architects looked at ramp systems and the ramp would
be inefficient, if not impossible.
Braun — Confirmed there will be two elevators for the cars.
Stockmar — Asked if there will be a connection to the property to the west.
August 21, 2018 - Page 47 of 17
Braun — Confirmed there will be no connection.
Pay in Lieu Parking — Parcels in green are the Village Core Area and a few
areas to the eastern side of Lionshead to be within the zone. Parking cannot
be located on the sites within the zone. Braun explained the rationale for the
amendment for the area to be removed from the pay in lieu area.
Existing/Interim/Proposed Parking — Braun presented existing parking
spaces, including the following:
Launch — 52 spaces
Lazier — 91 spaces
• Total — 143 spaces
Proposed Parking includes a total of 71 spaces or more. 91 spaces
are currently shown on plans.
PEC Comments
Kjesbo — Asked can the PEC provide the applicant how to allocate
parking.
Spence — No
Stewart McNab — Stated there is more than the Launch application.
Requested a Condition of approval — parking should match at least the
number that is there currently.
Spence — The review of the demo of the top deck is not under the
purview of the PEC and there is no time limit of when it should be
replaced with redevelopment.
Stockmar — Stated staff provided the PEC with parking plans during
the interim highlighted in the memo.
Dale Bugby — Stated parking in Lionshead is in high demand and of
high value. The original letter than talked about 69 spaces needed to be
protected on the site. There are now four buildings without parking
spaces that cannot be utilized today. Concerned about closing ramp,
which is an access point for his property.
Gillette — Asked if Matt Mire will be at the next meeting.
Spence — Stated it will be an executive session and specific questions
should be highlighted before meeting with the Town Attorney.
Bob Lazier — Stated 69 spaces for Lift House is not the correct
number. Parking will be covered in the future by replacing what is there
currently with the same number, if not more parking.
PEC Comment
Kjesbo — The applicant reviewed the PEC's questions. He is still mixed
on mechanical parking, but understands why the applicant needs to do
it. Still questions the north side from a design perspective, but the DRB
will review the elevation. The applicant addressed the roof very well and
looks forward to the final design.
August 21, 2018 - Page 48 of 17
Gillette — No comment.
Stockmar — Thanked the applicant for resolving the lid issue. The north
facade is still boring, but it is outside the PEC's purview to address. He
has seen the automated parking work over the years, even in bigger
buildings.
Perez — Thanked Staff and the applicant for addressing concerns.
Concerned though over the size of the parking garage due to the large
number of visitors. Perez asked for clarification over size of vehicles
and if the garage can accommodate most vehicles.
Kjesbo — Worried about sludge and maintenance of the automated
garage. Asked how long it could take to fix an issue with the garage.
Hopkins—Appreciated the changes and the plans are getting better.
Kurz — Believed the building is more appealing today than at the last
meeting. Kurz would like to see more in terms of the automated parking
video and how it would work in Vail's environment. Additionally, how the
winter climate will impact the garage with slug and build up. He stated
there are 69 spaces for Lift House and others state this is not correct.
He would like to see the parking issue agreed to by all parties.
Braun — Stated he and the applicant will return with more information
on the parking system. Braun stated he wants to focus on Launch's
property today, not Bob's project.
Kjesbo — Stated if the applicant meets the parking requirement, the
PEC should not have to review private agreements.
Staff requests all four items be tabled to July 9 meeting.
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
3.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the
property lines between two (2) development lots located at 500 & 534 East
Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting
forth details in regard thereto. (PEC18-0017)
Staff will not be providing a staff memorandum for this item. Staff requests
that the Planning and Environmental Commission continue this item to the
July 9, 2018 meeting.
Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
5 min.
August 21, 2018 - Page 49 of 17
3.7. A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund
Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail
Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail
Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking
regulations purposes, and setting forth details in regard thereto. (PEC18-
0019)
Staff will not be providing a staff memorandum for this item. Staff requests
that the Planning and Environmental Commission continue this item to the
July 9, 2018 meeting.
Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
3.8. A request for the review a variance from Section 12-7H-10, Setbacks, Vail
Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to
allow for a rear setback of zero feet (0') where ten feet (10') is required for a
new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3,
Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.
(PEC18-0018)
Staff will not be providing a staff memorandum for this item. Staff requests
that the Planning and Environmental Commission continue this item to the
July 9, 2018 meeting.
Applicant$attle Mountain LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
3.9. A report to the Planning and Environmental Commission on the
Administrator's approval of an amendment to an existing Conditional Use
Permit, pursuant to Section 12-8B-3, Conditional Uses; Accessory buildings
(permanent and temporary), Vail Town Code, to allow for the replacement of
the existing golf starter shack with a new starter shack building at the Vail Golf
Course, located at 1655 Sunburst Drive, a collection of platted and unplatted
parcels (a complete legal description is available at the Community
Development Department Office), and setting forth details in regard thereto.
(PEC 18-0023)
Applicantl/ail Golf Course, represented by Pierce Architects
Planner: Justin Lightfield
Kjesbo recused himself as a member of the Vail Rec. Board
Planner Lighfield explained the project and staff's action.
Kit Austin explained that it would not impact the course or play.
5 min.
5 min.
5 min.
August 21, 2018 - Page 50 of 17
Stockmar questioned the heaviness of the roof.
No formal action taken.
3.10. A request for review of a variance from Section 12-21-12, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than
ten percent (10%) of the total site area to be covered by driveways and
surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail
Intermountain Development Subdivision, and setting forth details in regard
thereto. (PEC18-0020)
ApplicantiVlichael & Yoshimi Moore, represented by Visual I mpax
Planner: Justin Lightfield
Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive
Slopes
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Approval of this variance is contingent upon the applicant obtaining
Eagle River Water & Sanitation District approval for this proposal.
3. The square footage of the hammerhead driveway shall be reduced and
landscaping shall be added between the hammerhead and the public
road.
4. Curb and gutter shall go from the western corner of the subject
property to the eastern corner of Rush Condominium lot. The
improvement costs shall not be borne by the Town of Vail.
5. The parking spaces shall be labeled for each individual condo owner at
the Rush Condominiums (1-4).
6. The plan to be approved by the Design Review Board shall incorporate
all practical measures to prevent additional parking anywhere to the
east of the proposed garage.
Brian Stockmar moved to approve with conditions. Brian Gillette seconded
the motion and it passed (6-0).
Absent: (1) Lockman
Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Approval of this variance is contingent upon the applicant obtaining
Eagle River Water & Sanitation District approval for this proposal.
3. The square footage of the hammerhead driveway shall be reduced and
landscaping shall be added between the hammerhead and the public
road.
4. Curb and gutter shall go from the western corner of the subject
property to the eastern corner of Rush Condominium lot. The
improvement costs shall not be borne by the Town of Vail.
5. The parking spaces shall be labeled for each individual condo owner at
the Rush Condominiums (1-4).
6. The plan to be approved by the Design Review Board shall incorporate
all practical measures to prevent additional parking anywhere to the
east of the proposed garage.
30 min.
August 21, 2018 - Page 51 of 17
Planner Lighfield spoke to the changes since the last meeting.
The applicant, Scott Handler with Visual Impaxwalked the commission
through the changes, primarily to the parking layout.
A brief discussion of the fire hydrant was held.
Hopkins asked about the location of the stairs and trash in relation to the
parking and garbage containers.
The applicant provided clarification.
Stockmar asked about the existing parking conditions, double parking etc.
Tom Kassmel spoke to it occurring elsewhere in town and feels that the
proposal will be an improvement. Spoke to the possibility of curb and gutter.
The applicant spoke to the solution to the double parking situation.
Hopkins asked about snow removal.
Gillette spoke to the purpose of the variance and one parking space per unit.
Hopkins spoke to the lack of a hammerhead and the excessive amount of
pavement to the west.
Gillette clarified the request to remove pavement and replace with
landscaping.
Kassmel spoke to the number of parking spaces required and vehicle
movement.
The applicant spoke to his willingness to change the plans but thought it
would not be approved by the Town Engineer.
Hopkins asked that the DRB be directed to address access to the condos
and the west pavement.
Perez is struggling and feels that the project has gone backwards. Too much
parking. Recommends a reduction in pavement.
Stockmar- Applicant has responded to requests. Recognizes challenges.
Concurs about a reduction in pavement.
Gillette -Would like a COA regarding labeling the parking spaces
Kjesbo- Recommends further design changes to restrict parking and allow
adequate snow storage.
Stockmar-Would recommend negotiating with Rush condos to solve the
parking situation.
Kurz- Concurs with Rollie that design solutions are needed to prevent
unwanted parking. Appreciated applicants response to Commissioners
concerns.
Brian Gillette moved to approve with conditions. Brian Stockmar seconded
August 21, 2018 - Page 52 of 17
the motion and it passed (6-0).
Absent: (1) Lockman
4. Approval of Minutes
4.1. PEC Results June 11, 2018
5. Adjournment
The applications and information about the proposals are available for public inspection during regular office hours at the Town of
Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the
site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission
will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour
prior to meeting time.
Community Development Department
August 21, 2018 - Page 53 of 17
366 Hanson Ranch Road
Exemption Plat Application
&
Zone District Boundary Amendment Petition
May 2018
August 21, 2018 - Page 54 of 17
366 Hanson Ranch Road
Exemption Plat Application
&
Zone District Boundary Amendment Petition
May 2018
Prepared for: VailPoint, LLC
100 Saint Paul Street
Suite 400
Denver CO 80 20 65140
Prepared by: Pylman & Associates, Inc.
137 Main Street
C107W
Edwards CO 81632
970-926-6065
2
August 21, 2018 - Page 55 of 17
Table of Contents
I. Introduction 4
II. Existing Conditions 4
III. Existing and Proposed Zoning 5
IV. Exemption Plat Review Criteria 8
V. Zone District Amendment Review Criteria 10
VI. Summary 14
VII. Existing Condition Photographs 15
Figure 1 — Existing Conditions Map
Attachments:
Eagle County District Court Order and Decree Quieting Title
Title Report
Lot 1, 366 Hanson Ranch Road Subdivision Exemption Plat
6
3
August 21, 2018 - Page 56 of 17
I. Introduction
VailPoint, LLC, a Colorado limited liability company ("VailPoint") is requesting Town of Vail
approval for two land use actions: (1) an Exemption Plat pursuant to Title 13, Chapter 12 of the
Town of Vail Municipal Code ("Code") and (2) a Zone District Amendment pursuant to Code Title
12, Chapter 3.
The exemption plat encompasses property legally described as a Part of Lot d, Block 2, Vail Village
First Filing and also including a portion of Lot d-1, Block 2, VailVillage Fifth Filing and a portion of
Tract E, Vail Village Fifth Filing. The request is for a consolidation of parcels currently described by
metes and bounds into one single lot.
The zone district amendment requests rezoning of a portion of Lot d-1, Block 2, Vail Village Fifth
Filing and a portion of Tract E, Vail Village Fifth Filing. The lands proposed for zone district
amendment fall within the boundaries of the exemption plat.
The property address is 366 Hanson Ranch Road.
VailPoint is the legal owner of record of the lands within the boundary of the proposed exemption
plat.
The plat that accompanies this application is titled Lot 1, 366 Hanson Ranch Road Subdivision. Also
submitted with this application in compliance with Code Section 13-3-6.B.3.q(5) is a title
commitment prepared by Land Title Guarantee Company, noted as Order No. V50 0 50 3605 with
an effective date of April 30, 2018, in satisfaction of the requirement for evidence of VailPoint's
ownership in fee simple of the lands within the proposed subdivision.
In accordance with our pre -application conference on May 22, 2018, it is our understanding that
given the nature of this request, the Town is not requiring an environmental impact report,
engineering plans, topographical map/grading plan, landscape plan, or other materials identified in
Code Section 13-3-6.B.3.q.
II. Existing Conditions
In 1963, VailAssociates conveyed the entirety of Lot d, Block 2, VailVillage First Filing ("Lot d") to
Christiania -at -Vail, Inc. (Vail Point's predecessor in title). Lot d is comprised of the present-day
Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at
366 Hanson Ranch Road.
Over time—and apparently prior to enactment of subdivision regulations in the Town—Christiania-
at-Vail, Inc. severed portions of Lot d. They did so by recording deeds that described these smaller
parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although
4
August 21, 2018 - Page 57 of 17
not through the process that would be required today. The property at 366 Hanson Ranch Road is
one of these severed parcels.
The property has an existing residence that was built in the early 1960's, prior to the incorporation of
Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian
Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and
to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land
to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are
a part of Tract E, Vail Village Fifth Filing.
For as long as 50 years, the property within the proposed exemption plat has been surrounded by a
fence. For whatever reason, the fence was not built on the deeded property line and instead encloses
a larger area, both to the south and east. The previous owners have all treated the fenced area as an
integral part of the property and have landscaped and maintained it consistent with the remainder of
the property.
In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title
("Court Order") to this area outside the deed boundary but inside the fence. Recognizing the historic
conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within
the fence.
The intent of this application is to complete the process started by the Court Order. The plat
application seeks exemption plat approval, consolidating the lands inside the fence into a single parcel.'
Simultaneously, the re -zoning application seeks to rezone the property subject to the Court Order
from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing
zoning of the remainder of Lot d.
The total area of land within the existing fence and proposed lot is 13,242 square feet. The original
metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet.
The additional areawithin the fence that the Court recognized as VailPoint's property is 5,380 square
feet.
III. Existing and Proposed Zoning
Following the Town of Vairs incorporation in 1966, the town enacted a zoning ordinance for the first
time in 1971. The lands in this neighborhood—including the existing home at 366 Hanson Ranch
Road, the Christiania, the Tivoli and other neighborhood properties—were zoned as Public
Accommodation District ("PA"). The goal of the PA Zoning is to create an active bed base that
supports the Town's economic and land use objectives as a destination resort.
' While an exemption plat falls within the Town's subdivision regulations, the term "subdivision" is
a misnomer in this situation. Rather than divide property, this application seeks consolidation of
two existing parcels.
5
August 21, 2018 - Page 58 of 17
Specifically, as written in Article A, PA Zone District, Code Section 12-7A-1 Purpose of the Code,
the stated intention of the PA zone district is to "provide sites for lodges and residential
accommodations for visitors". The list of permitted uses does not include the existing use of a single
family residence. In addition, the minimum lot size allowed in the PA Zone District is 10,000square
feet. As the home was apparently constructed prior to incorporation of the town and the establishment
of the zoning, the existing use is classified as a legal non -conforming use and the lot has been considered
a legal non -conforming parcel.
Although the Town's zone boundaries are not drawn at a scale sufficient to understand where exactly
the boundary between districts actually lies, since zone district boundaries typically follow platted
property lines, the property that is the subject of the Court Order—that is, the portion of Lot d-1,
Block 2 Vail Village Fifth Filing and the portion of Tract E, Vail Village Fifth Filing that are within
the fenced area—are presumably zoned Agricultural and Open Space ("A"). Consistent with Code
Section 12-5-5's guidance that zone boundaries follow lot lines, a companion re -zoning application
requests that the lands subject to the Court Order be zoned to match the existing PA Zone District of
the remainder of the proposed lot. This will bring the lot into conformance with the 10,000square
foot minimum size requirement for the PA zone district and rectify the non -conforming lot status.
The existing fence will become both the lot line and the zone district boundary.
See Figure 1, Existing Conditions.
6
August 21, 2018 - Page 59 of 17
7
August 21, 2018 - Page 60 of 17
IV. Exemption Plat Review Criteria
Code Section 13-2-2 defines Exemption Plat as "The platting of a portion of land or property that
does not fall within the definition of a "subdivision" as contained in this section. A "Subdivision"
means a tract that is divided into two or more lots. Therefore, the Exemption Plat process is
appropriate because this platting consolidates, rather than divides, tracts.
Code Title 13, Chapter 12 establishes the Exemption Plat review procedures and references the
standard Town of Vail criteria for review of a Final Plat as the criteria for review of an Exemption Plat.
These criteria are set forth in Code Section 13-3-4.
Final Plat Review Criteria:
1. The extent to whichthe proposed subdivision is consistent withall the applicable elements of
the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible w ith the development objectives of the tow n.
Applicant response:
Typically, properties within the Town are platted; this property is perhaps a rare exception. Defining
property boundaries by subdivision—rather than by metes and bounds description—provides
simplicity and certainty for landowners and local jurisdictions alike. This Exemption Plat application
serves to memorialize the historic use of this fenced, unplatted parcel and implement the Court Order
in a manner that provides clarity for the public record. The exemption plat does not create new parcels
of land; rather. The proposed plat does not have any substantive effect on any the adopted goals,
objectives and policies of the Vail comprehensive plan. The recognition of the lands within the fenced
area as a single parcel eliminates the non -conforming size status of the lot and therefore is compatible
with and advances the development objectives of the town.
2. The extent to which the proposed subdivision complies w ith all of the standards of this title,
as well as, but not limited to, title 12, "Zoning Regulations" of this code, and other pertinent
regulations that the planning and environmental commission deems applicable.
Applicant response:
The proposed exemption plat application is accompanied by a companion file that requests rezoning
of the 5,380 square feet inside the fence to the Public Accommodation ("PA") Zone District. This
action will create consistent zoning for all of the lands within the fenced area of 366 Hanson Ranch
Road and will also bring the parcel into conformance with the minimum lot size standards for the PA
Zone District.
8
August 21, 2018 - Page 61 of 17
3. The extent to which the proposed subdivision presents a harmonious, convenient, workable
relationship among land uses consistent withmunicipal development objectives.
Applicant response:
The proposedlot has long been used as a single, integrated parcel of unplatted property. The proposed
exemption plat, which has been preceded by the Court Order recognizing VailPoint's ownership to
the entire fenced parcel, enables the property to be platted consistent with its historic use.
Moreover, as described above, the property exists today in something of a historically non -conforming
condition, and the requested exemption plat will remedy that, consistent with modern municipal
development practices and objectives.
The subdivision action will have no material effect upon the land uses outside of the fence.
4. The extent of the effects on the future development of the surrounding area.
Applicant response:
Because the proposed subdivision consolidates two legal parcels, it should have no effect upon future
development of the surrounding area.
5. The extent to whichthe proposed subdivision is located and designed to avoid creating spatial
patterns that cause inefficiencies in the delivery of public services, or require duplication or
premature extension of public facilities, or result in a "leapfrog" pattern of development.
Applicant response:
This proposed plat consolidates 5,380 square feet of land into the primary, presently unplatted parcel
of 7,862 square feet, all located within the historical fenced area of 366 Hanson Ranch Road. This
action will have no adverse effect upon delivery of public services or require any duplication of public
facilities. The action does not result in any "leapfrog" pattern of development.
6. The extent to whichthe utility lines are sized to serve the planned ultimate population of the
service area to avoid future land disruption to upgrade undersized lines.
Applicant response:
The proposed plat will not create any demand upon utility service capacities in the service area.
7. The extent to which the proposed subdivision provides for the grow th of an orderly viable
community and serves the best interest of the community as a whole.
9
August 21, 2018 - Page 62 of 17
Applicant response:
The proposed plat proposes no change that would have any effect on the overall orderly viable growth
of the community. The consolidation of the parcels within the fence and the companion rezoning
application will create a parcel that meets the minimum lot size of the long term PA zoning,
eliminating the existing legal non -conforming status of the parcel. Additionally, the proposed plat
will formally plat a presently unplatted parcel.
8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the
natural environment, including, but not limited to, water quality, air quality, noise, vegetation,
riparian corridors, hillsides and other desirable natural features.
Applicant response:
The proposed plat seeks to plat, for the first time, adjacent lands that have historically been integrated.
The subdivision action alone will not result in any change to those lands and therefore will have no
effect upon any of the above natural features.
9. Such other factors and criteria as the commission and/or council deem applicable to the
proposed subdivision.
Applicant response:
No applicant response necessary.
V. Zone District Amendment Review Criteria
The petition for zone district boundary amendment requests rezoning of the 5,380 square feet of
property that is the subject of the Court Order; that is, the property that is inside the fence, but outside
the historic metes and bounds legal description of the parcel commonly known as 366 Hanson Ranch
Road. The goal of the rezoning application is to align the zoning and plat boundaries.
Code Section 12-3-7 sets forth the criteria for the review of amendments to zone district boundaries.
Before acting on an application for a zone district boundary amendment, the planning and
environmental commission and town council shall consider the following factors with respect to the
requested zone district boundary amendment:
(1) The extent to which the zone district amendment is consistent with all the applicable
elements of the adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is compatible w ith the development objectives of the tow n
10
August 21, 2018 - Page 63 of 17
Applicant response:
The Vail Land Use Plan designates this area of the community as Vail Village Master Plan and utilizes
the Vail Village Master Plan as the detailed land use plan. The Public Accommodation Zone district
designation for this property is consistent with the adjacent parcels and is consistent with the goals,
objectives and policies outlined in the Vail Village Master Plan.
The lands within the fence have long been perceived and used as an integral part of the existing home.
The amendment of the zone district boundaries to conform to the fenced area will have little or no
overall effect upon the larger goals of the community. The amendment will bring the existing lot into
size conformance with the minimum lot size of the existing Public Accommodation Zone District.
There are six primary goals of the Vail Village Master Plan. Goals #1 and 2 relate to re -development
and upgrading of private buildings. Goal #1 does support the high quality upgrading of residential
and commercial buildings. This petition is one step in the process of ultimately redeveloping and
upgrading the present, obsolete residence. Goal #2 does support the Public Accommodation Zone
District designation as an important economic goal of the community.
This petition has no relation or bearing on Goals #3, #5 or #6.
Goal #4 is relative to open space and is relevant to the zone district boundary amendment request.
Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not
ever been a part of the perceived open space corridor behind or adjacent to the home. The VailVillage
Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a
fence, landscaped as part of the yard and used exclusively and privately by the owners of the home
since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of
perceived open space that exists in this area. The lands outside of the fence will remain zoned as open
space.
The VailVillage Master Plan Goals#1, #2 and#4 and the relevant objectives and policies are indicated
below.
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL
SCALE OF THE VILLAGE IN ORDER TOSUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY.
Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH
AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A W HOLE.
Objective 2.1: Recognizethe variety of land uses found in the 11 sub -areas throughout the Village and
allow for development that i scompatible wi ththese established land use patterns.
Policy 2.1 The zoning code and development review criteria shall be consistent with the goals and
objectives of the Vail Village MasterPlan.
11
August 21, 2018 - Page 64 of 17
Objective 2.3: Increase the number of residential uni tsavailable for short term overnight accommodati ons.
Policy 2.3.1: The development of short term accommodation uni tsi sstrongly encouraged. Residential uni is
that are developed above existing density levels are requi redto be designed or managed i n a manner that
makes them available for short term overnight rental.
GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES.
Objective 4.1: Improveexisting open space areas and create new plazas wi thgreenspaceand pocketparks.
Recognizethe different roles of each type of open space i nforming the overall fabric of the Village.
Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas at the base
of V ai I Mountai nand throughout Vail Village and existing greenspaces shall be preserved as open space.
(2) The extent to w hichthe zone district amendment is suitable w iththe existing and potential
land uses on the site and existing and potential surrounding land uses as set out in the
tow n's adopted planning documents.
Applicant response:
The existing land use of the property is as a yard and landscaping for the adjacent non -conforming
single family home. The proposed re -zoning will not, alone, change the existing use of the land that
is subject to the rezoning. The Town's GRFA and other development restrictions make it improbable
that the use of the vast majority of the area subject to rezoning will materially change, even when the
property is re -developed. A potential, conforming future use of the entire parcel under the Public
Accommodation zone district would be compatible with the town's adopted planning documents.
The proposed zone district boundary amendment and the companion exemption plat action will
resolve a long-term fence boundary issue. The parcel size will now conform to the minimum lot size
requirement of the PA zone district.
The existing home has been suitable with the surrounding land use and a future, conforming use under
the Public Accommodation Zone District would likewise be consistent with adjacent properties.
(3) The extent to which the zone district amendment presents a harmonious, convenient,
workable relationship among land uses consistent withmunicipal development objective.
Applicant response:
The proposed amendment adjusts the existing zone district boundaries to applya consistent zoning to
all of the fenced area of 366 Hanson Ranch Road. This amendment does not effect to any material
extent the harmonious, convenient, workable relationship among land uses.
(4) The extent to which the zone district amendment provides for the growth of an orderly
viable community and does not constitute spot zoning as the amendment serves the best
interests of the community as a w hole
12
August 21, 2018 - Page 65 of 17
Applicant response:
The zone district boundary amendment proposes to recognize the lot boundary correction and
maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone
district designation is consistent with the VailVillage Master Plan and does not constitute spot zoning.
The application fosters order in the sense that it aligns zone district and subdivision boundaries.
(5) The extent to which the zone district amendment results in adverse or beneficial impacts
on the natural environment, including, but not limited to, water quality, air quality, noise,
vegetation, riparian corridors, hillsides and other desirable natural features.
Applicant response:
The proposed amendment has no adverse impact upon the natural environment. The 5,380 square
feet that are the subject of this application are currently landscaped as a part of a residential yard and
are enclosed by a fence.
(6) The extent to whichthe zone district amendment is consistent withthe purpose statement
of the proposed zone district.
Applicant response:
The historic parcel boundary is zoned Public Accommodation but is legally non -conforming due to
its size and present use. The minimum lot size for the PA Zone district is 10,000square feet, the
existing home sits on a 7,862 square foot parcel. The addition of the 5,380 square feet will bring the
lot into conformance with the minimum size standard. This proposed amendment is completely
consistent with the purpose statement of the Public Accommodation Zone District, in fact correcting
existing inconsistencies.
(7) The extent to which the zone district amendment demonstrates how conditions have
changed since the zoning designation of the subject property w asadopted and is no longer
appropriate.
Applicant response:
The property proposed to be re -zoned has been an integral part of the primary home parcel for perhaps
as long as zoning has been enacted in the Town of Vail. The lands within the fence are not integrated
into the adjacent Agricultural and Open Space lands outside of the fence. The property within the
fence falls under the same condition as the primary home parcel.
The need for the zone district boundary amendment arises from the inconsistency between the historic
deeded property boundary and the location of the fence. Now that the fence line has been determined
to be the property boundary, it is appropriate to rezone so that the entire property is subject to only
one zoning designation.
13
August 21, 2018 - Page 66 of 17
(8) Such other factors and criteria as the commission and/or council deem applicable to the
proposed rezoning.
Applicant response:
No applicant response is necessary.
VI. Summary
The proposed exemption plat and zone district amendment applications are intended to consolidate
the previously unplatted parcels that have had an integrated use for as long as 50 years into one singly
platted lot with a consistent zoning. The applications are necessitated by historic errors in boundary
descriptions or fence construction, and are the final stage of implementing the "clean up" reflected by
the Court Order. This action is in conformance with the Town's goals as articulated in the VailVillage
Master Plan and is in conformance with the Town of Vails regulations.
VII. Existing Condition Photographs
Aerial overview.
14
August 21, 2018 - Page 67 of 17
Existing fence and Tract d-1.
15
August 21, 2018 - Page 68 of 17
Existing Fence and Tract E
16
August 21, 2018 - Page 69 of 17
Eagle County, Co 201800453
Regina O'Brien 01/09/2018
Pgs: 4 02:49:35 PM
REC: $28.00
DOC: $0.00
DATE FILED: January 9, 2018
DISTRICT COURT, EAGLE COUNTY, COLORADO
Eagle County Justice Center
885 Chambers Avenue
Eagle CO 81631
Plaintiff:
VAILPOINT, LLC, a Colorado limited liability company
Defendant:
THE VAIL CORPORATION, a Colorado corporation
A COURT USE ONLY A
Case Number: 2017CV30207
ORDER AND DECREE QUIETING TITLE
THIS MATTER comes before the Court upon the Stipulation between Plaintiff, VailPoint,
LLC, a Colorado limited liability company, and Defendant, The Vail Corporation, a Colorado
corporation. The Court, having read and reviewed the Stipulation, the Court file and applicable
law, and otherwise being fully advised in the premises, approves the Stipulation. The Court further
finds as follows:
A. The Court has jurisdiction over the Plaintiff and the Defendant.
B. Venue is proper since this action concerns title to real property located in Eagle
County, Colorado.
C. Plaintiff and its predecessors have asserted to be in actual, adverse, hostile, open,
notorious, exclusive, continuous possession of the Property (defined below) under claim of right,
made in good faith, for a period of time in excess of eighteen (18) years.
D. Plaintiff and its predecessors in title have had a good faith belief that they owned
the Property and that their belief was reasonable under the circumstances.
E. The parties have stipulated and agreed that Plaintiff is and shall be the fee owner of
the Property pursuant to C.R.S. §38-41-101.
60783181.3
Date
Eagle County, Colorado
Certified to be full, true and correct
copy of this original i my custody.
ty Clerk
60783181.3
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. Title to the real property described on Exhibit A attached hereto (the "Property'")
is hereby quieted in Plaintiff, VailPoint, LLC, a Colorado limited liability company, in fee simple.
2. Plaintiffs title to the Property is free and clear of the claims of the Defendant, The
Vail Corporation, subject to any and all easements, covenants, restrictions, and all other matters of
record duly recorded against the Property.
3. By virtue of this Order and Decree, all claims in this action have been resolved.
Each party herein shall pay its own costs expended herein.
Dated this day of -s , 2018.
BY
COURT:
strict Court Judge
'l{ n3 n1 c"er
2
August 21, 2018- Page 71 of 17
60783iRI.3
EXHIBIT A
THE PROPERTY
(See attached)
3
August 21, 2018 - Page 72 of 17
I)ATI FILED January 5, 261E ^_ 4 PM
PROPERTY OESCAIPTION
That port of Lot d-1, Block 2. and Tract E. Val Viae, Fifth FII° ace -wain to the snap hereof
recorded In the °Hee of the Eogie County. Colorado, Clerk card Rscarder, described as idtaes:
BeginnlIgal the southwest corner al saki Lot d -k. 'thence °long the westerly lire of sold Lot d-1
Ng9V0'00 W 69.96 feet to ihu northwest corner el sold Lot d-1. oleo being an the ssalherly right
of way Ilse of Monson Ranch React thence. along the northerly line of said Lot d-1, deo bang the
southerly right W way of Harmon Roach road. 32.60 feel along the are of a curve to the loft,
hosing a radius of 160.17 feel, a delta snot. ally:v.2f. and a chord that beam N7917'23"E
32.62 foot: thence departing sold northerly Rrbe 50120'36"R 108.75 feet. thence 1.184134 -48 - re
131.39 foot to a paint of the ee lene&sn of the rest line o1 a parcel shown Port of Lot d. Thence
along said extension. 11.00'00'00$ 19.62 feel to the southwest corner of mord Part of Lal d; thence
along the south lire of add Pert of Lol d, 1191710'60`E 111,21 feel, la the pant of begoin119,
contdning 5380 *guars feet, more or ,I411.
CHATEAU
CHRISTUW
TOWNHOUSES
0' 20' 40' 60'
kitbk
RAArcti
A=32' 13' 14'
8=160. 17'
L-90 07`
PART OF LOT d
0.1605 ACRES
ROAD
N90'00'00eE 111.21'
(40' R. W.
OM '00001 f R 11 Va.E-4°4
e-0. OM WO
¢Jwa& cF melt
TRACT E
N 84.o4'44- w
131„ yg•
1-71'41'22"
160.11'
L.32.63
C LEHw3L�,,6p2
6RO-N79,713'E
LOT d-1
N
.103 NO 5213 2
August 21, 2018 - Page 73 of 17
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Property Address:
366 HANSON RANCH ROAD, VAIL, CO 81657
1. Effective Date:
04-30-2018 At 05:00:00
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
$0.00
Order Number: V50050360-5
Customer Ref -Loan No.:
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
PARCEL 1:
THAT PART OF LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT
THEREOF, BEGINNING ATTHE SOUTHEAST CORNER OF SAID LOT D BLOCK 2, VAIL VILLAGE, FIRST
FILING, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT D, A DISTANCE OF 111.21 FEET;
THENCE ON AN ANGLE TO THE RIGHT OF 90 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF
67.80 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 37 DEGREES 12 MINUTES 30 SECONDS A
DISTANCE OF 23.61 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID LOT D;
THENCE ON AN ANGLE TO THE RIGHT OF 80 DEGREES 08 MINUTES 50 SECONDS AND ALONG SAID
NORTHERLY LINE AND ALONG A CURVE TO THE LEFT HAVING RADIUS OF 160.17 FEET, A CENTRAL
ANGLE OF 32 DEGREES 13 MINUTES 14 SECONDS AN ARC DISTANCE OF 90.07 FEET TO THE
NORTHEAST CORNER OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 86 DEGREES 51
MINUTES 56 SECONDS AND ALONG THE EASTERLY LINE OF SAID LOT DA DISTANCE OF 69.96 FEET
TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL 2:
THAT PART OF LOT D-1, BLOCK 2, AND TRACT E, VAIL VILLAGE, FIFTH FILING, ACCORDING TO THE
MAP THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND
RECORDER, DESCRIBEDAS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT D-1,
THENCE ALONG THE WESTERLY LINE OF SAID LOT D-1 N08°00'OO"W 69.96 FEET TO THE NORTHWEST
CORNER OF SAID LOT D-1, ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF HANSON RANCH
ROAD; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT D-1, ALSO BEING THE SOUTHERLY RIGHT
OF WAY OF HANSON RANCH ROAD, 32.68 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVINGA
RADIUS OF 160.17 FEET, A DELTAANGLE OF 11°41'22", AND A CHORD THAT BEARS N79°17'23"E 32.62
FEET; THENCE DEPARTING SAID NORTHERLY LINE S01°29'38"W 108.75 FEET; THENCE N84°04' 48"W
131.39 FEET TO A POINT OF THE EXTENSION OF THE WEST LINE OF A PARCEL SHOWN PART OF LOT
D; THENCE ALONG SAID EXTENSION, NOO°00'00"E 19.82 FEET TO THE SOUTHWEST CORNER OF
SAID PART OF LOT D; THENCE ALONG THE SOUTH LINE OF SAID PART OF LOT D, N90°00'00"E 111.21
FEET; TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
August 21, 2018 - Page 74 of 17
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: V50050360-5
Customer Ref -Loan No.:
Copyright 2006-2018American Land Title Association. All Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of u se. All other u ses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND DT
A=
August 21, 2018 - Page 75 of 17
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: V50050360-5
Thefollowingarethe requirements must be met:
This proposed Insured must notifythe Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
Pay the agreed amount f orthe estate or interest to be insured.
Pay the premiums, fees, and charges f or the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1. RECORD DULYEXECUTEDANDACKNOWLEDGED EXEMPTION PLAT.
NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR
TO RECORDATION. UPON RECEIPTAND REVIEW FURTHER REQUIREMENTSAND/OR EXCEPTIONS
MAYBE NECESSARY.
2. WRITTEN CONFIRMATION THATTHE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED JUNE 24, 2015 AT
RECEPTION NO. 201511553 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES GEORGE H. SOLICH AS THE MANAGER AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISEAFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT
HERETO.
August 21, 2018 - Page 76 of 17
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: V50050360-5
This commitment does not republish any covenants, condition, restriction, or limitation contained in
any document referred to in this commitment to the extent that the specif is covenant, conditions,
restriction, or limitation violates state or f ederal law based on race, color, religion, sex, sexual
orientation, gender identity, handicap, familial status, or national origin.
1. Any facts,rights, interests, or claims thereof ,not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements, liens or encumbrances, or claims thereof ,not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5. Def ects, liens, encumbrances, adverse claims or other matters, if any, created, f irstappearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record f or value the estate or interest or mortgage thereon covered by
this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof ;(c) water rights, claims or title to water.
(ITEMS 8-12 AFFECT PARCEL 1)
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE
475.
10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAINA FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAWAS CONTAINED IN INSTRUMENT RECORDEDAUGUST 10, 1962, IN BOOK 174
AT PAGE 179.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL VILLAGE FIRST FILING RECORDEDAUGUST 6, 1962 UNDER RECEPTION NO. 96382.
August 21, 2018 - Page 77 of 17
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: V50050360-5
12. MATTERS DISCLOSED ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BY EAGLE VALLEY
SURVEYING CERTIFIEDAPRIL 20, 2015, JOB NO. 366HANSONRANCH.
(ITEMS 13-19 AFFECT PARCEL 2)
13. RIGHT OF WAY FOR DITCHES AND CANALSAS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899 IN BOOK 48
AT PAGE 475.
14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTSAND AGREEMENTSAS SET
FORTH IN THE WARRANTY DEED RECORDED JULY 10, 1963 IN BOOK 177 AT PAGE 127.
15. COVENANTS, CONDITIONS, RESTRICTIONSAND PROVISIONS AS SET FORTH IN PROTECTIVE
COVENANTS OF VAIL VILLAGE FIFTH FILING RECORDED NOVEMBER 15, 1965 IN BOOK 187 AT
PAGE 353, AMENDMENT THERETO RECORDEDAUGUST 30, 1971 IN BOOK 221 AT PAGE 496 AND
AMENDMENT THERETO RECORDEDAUGUST 27, 1984 IN BOOK 393 AT PAGE 492, BUT OMITTING
ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL
STATUS, OR NATIONAL ORIGIN.
16. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAY AS SHOWN ON THE
PLAT OF VAIL VILLAGE FIFTH FILING, RECORDED NOVEMBER 15, 1965 AT RECEPTION NO. 102538.
17. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAY AS SHOWN ON THE
PLAT OF A RESUBDIVISION OF TRACT E, VAIL VILLAGE, FIFTH FILING AND A PART OF LOT C,
BLOCK 5-C, VAIL VILLAGE, FIRST FILING AND GOLDEN PEAK HOUSE, RECORDEDAPRIL 25, 1995 IN
BOOK 665 AT PAGE 983.
18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JANUARY 16, 2018 AT
RECEPTION NO. 201800801.
19. THE POLICY TO BE ISSUED WILL GUARANTEE FEE OWNERSHIP AND POSSESSION IN
ACCORDANCE WITH ITS PROVISIONS, BUT WILL NOT GUARANTEE MARKETABILITY.
MARKETABILITY WILL BE GUARANTEED BEGINNING 6 MONTHS FROM THE ISSUANCE OF THE
DECREE, PROVIDED THAT NO STEPS HAVEATTHATTIME BEEN INITIATED TO SET ASIDE OR TO
OTHERWISE IMPAIR THE EFFECTOR VALIDITY OF THE DECREE.
August 21, 2018 - Page 78 of 17
Land Title
- •JI.• -
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement i s provi dedto you as a customer of Land TitleGuarantee Company and Meri di anLand Title,
LLC, as agents for Land Title Insurance Corporation and Old Republi c National Ti tle Insurance Company.
We want you to know that we recognizeand respect your privacy expectations and the requirements of federal
and state privacy laws. Information securityi s one of our hi ghest priorities. We recognizethat mai ntai ni nwour
trust and confidenceisthe bedrock of our business. We maintainand regularly reviewinternaland external
safeguards agai nstunauthori zedaccess to non-publi c personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
► applications or other forms we receivefrom you, i ncludi ngcommunications sent through TMX, our web -based
transaction management system;
► your transactions with, or from the servi cesbei ng performed by, us, our affiliates, or others;
► a consumer reporti ngagency, if such information i s providedto us i n connecti onwithyour transaction;
and
►
the publi c records mai ntai nedby governmental enti ti esthat we ei ther obtai n di rectlyfrom those entiti es,or from our
affiliates and non -affiliates.
Our poli ci esregardi ngthe protection of the confidentiality and securityof your Personal Information are as follows:
► We restrict access to all Personal Information about you to those employees who need to know that information i n
order to provi deproducts and servi cesto you.
► We mai ntai nphysi cal,electronic and procedural safeguards that comply withfederal standards to protect your
Personal Information from unauthori zedaccess or i ntrusi on.
► Employees who vi olateour stri ctpoli ci esand procedures regardi ng privacy are subject to disciplinary acti on.
► We regularly accesssecuritystandards and procedures to protect againstunauthorizedaccessto Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consi stentwi th applicable privacy laws, there are some situations i n whi ch Personal Information may be
di sclosed. We may di scloseyour Personal Information when you director give us permission;when we are
requi red by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
cri mi nalactivities. We also may di scloseyour Personal Information when otherwise permittedby applicable
privacy laws such as, for example, when di sclosure i s needed to enforce our rightsarisingout of any agreement, transaction or
relationship withyou.
Our poli cy regardi ngdi spute resoluti on i s as follows. Any controversy or claim arisingout of or relati ngto our privacy poli cy,or
the breach thereof, shall be settled by arbitration i n accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered i n any court havi ngjurisdi cti orthereof.
August 21, 2018 - Page 79 of 17
Land Title'
GLMHAIITEXNiF44NY
S;rnnE r.9457
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The Subject real property may be located in a speci al taxi ng district.
B) A certificate of taxes due li sti ngeach taxi ngjuri sdi cti onwi II be obtai nedfrom the county treasurer of the county i n whi ch the real
property i s located or that county treasurer's authorized agent unless the proposed i nsured provi des wri tteni nstructi onsto the
contrary. (for an Owner's Poli cy of Title Insurance pertai ni ngto a sale of resi denti alreal property)
C) The i nformati onregardi ng speci al di stri ctsand the boundari es of such di stri ctsmay be obtai ned from the Board of County
Commi ssi oners,the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requi res that all documents received for recordi ng or fi 11 ngi n the clerk and recorder's
offi ceshall contai n a top margi n of at least one i nch and a left, right and bottom margi n of at least one half of an i nch. The clerk and
recorder may refuse to record or fi le any document that does not conform, except that, the requi rementfor the top margi n shall not apply to
documents usi ng forms on whi ch space i s provi dedfor recordi ng or fi li ngi nformati onat the top margi n of the document.
Note: Colorado Divi si onof Insurance Regulati ons 8-1-2 requi res that "Every title entity shall be responsi blefor all matters whi ch appear of
record pri or to the ti me of recordi ng whenever the ti tle enti ty conducts the closi ng and is responsi blefor recordi ng or fi li ngof legal
documents resulti ng from the transaction whi ch was closed". Provi dedthat Land Ti tle Guarantee Company conducts the closi ng of the
insured transaction and i s responsi blefor recordi ng the legal documents from the transaction, exception number 5 wi II not appear on the
Owner's Title Poli cy and the Lenders Poli cywhen issued.
Note: Affirmative mechanic'slien protecti onfor the Owner may be avai lable(typically by deleti on of Excepti on no. 4 of Schedule B-2 of the
Commitment from the Owner's Poli cyto be issued) upon compliancewiththe followi ng conditi ons:
A) The land descri bed i n Schedule A of this commi tment must be a si ngle fami ly resi dencewhi ch i ncludes a condomi ni um or
townhouse unit.
B) No labor or materi alshave been furnished by mechani cs or materi al-menfor purposes of constructi onon the land descri bed i n
Schedule A of this Commitment withinthe past 6 months.
C) The Company must receive an appropriate affidavit i ndemni fyi ngthe Company agai nst un-fi led mechani c's and materi al -men's
liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction,improvementsor major repairsundertakenon the property to be purchasedwithinsixmonths prior
to the Date of the Commi tment, the requi rements to obtai n coverage for unrecorded Ii ens wi II i nclude: disclosure of certai n
constructi oni nformati on;fi nanciali nformati onas to the seller, the bui lder and or the contractor; payment of the appropriate
premi um fully executed Indemni tyAgreements satisfactory to the company, and, any addi ti onalrequi rements as may be
necessary after an exami nati onof the aforesai di nformati onby the Company.
No coverage wi II be gi ven under any ci rcumstancesfor labor or materi alfor whi ch the i nsured has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, noti ce is hereby gi ven:
This noti ce appli es to owner's poli cy commi tments di sclosi ngthat a mi neral estate has been severed from the surface estate, i n Schedule
B-2.
A) That there is recorded evi dence that a mi neral estate has been severed, leased, or otherwi se conveyed from the surface estate
and that there is a substanti alli keli hoodthat a thi rd party holds some or all i nteresti n of I, gas, other mi nerals, or geothermal
energy i n the property; and
B) That such mi neral estate may i nclude the ri ght to enter and use the property wi thoutthe surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It i s unlawful to knowi ngly provi de false, i ncomplete, or mi sleadi ngfacts or i nformati onto an
i nsurance company for the purpose of defraudi ng or attempti ngto defraud the company. Penalti es may i nclude i mpri sonment,fi nes, deni al
of i nsurance, and ci vi (damages. Any i nsurancecompany or agent of an i nsurancecompany who knowi ngly provi des false, i ncomplete, or
mi sleadi ngfacts or i nformati onto a poli cyholder or clai mantfor the purpose of defraudi ng or attempti ngto defraud the poli cyholder or
clai mantwi th regard to a settlement or award payable from i nsurance proceeds shall be reported to the Colorado Divi si onof Insurance
withinthe Department of RegulatoryAgencies.
Note: Pursuant to Colorado Divisionof Insurance Regulati ons8-1-3, noticeis hereby given of the availability of a closi ng protection
letter for the lender, purchaser, lessee or seller i n connecti onwiththi s transaction.
August 21, 2018 - Page 80 of 17
* ) Commitment For Title Insurance
* Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
NOTICE
-k
�s * IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR
OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE
BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE
A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION
INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Noti ce; Schedule B, Part I—Requi rements; Schedule B, Part II—Excepti ons;and the CommitmentConditions,Old republi c Nati onal
Title Insurance Company,A Mi nnesota corporation (the "Company"), commits to i ssue the Poli cyaccordi ng to the terms and provi si onsof thi s
Commitment.Thi s Commitment is effective as of the Commitment Date shown i n Schedule A for each Poli cydescri bed i n Schedule A, only when
the Company has entered i n Schedule A both the specifi eddollar amount as the Proposed Poli cyAmount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requi rements have not been met withi n6 months after the Commitment Date, thi s Commitmenttermi natesand the
Company's li abi li tyand obligati onend.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or i mputed knowledge, but not constructivenoti ce i mparted by the Publi c Records.
(b) "Land": The land descri bed i n Schedule A and affixedi mprovementsthat by law constitutereal property. The term "Land" does not
i nclude any property beyond the li nes of the area descri bed i n Schedule A, nor any right, title, i nterest, estate, or easement i n abutti ng
streets, roads, avenues,alleys, lanes, ways, or waterways, but thi s does not modify or li mitthe extent that a ri ght of access to and from the
Land is to be i nsured by the Poli cy.
(c) "Mortgage": A mortgage, deed of trust, or other securityi nstrument, i ncludi ng one evi denced by electroni c means authori zed by law.
(d) "Poli cy": Each contract of title i nsurance, i n a form adopted by the Ameri can Land TitleAssoci ati on,i ssued or to be i ssued by the
Company pursuant to thi s Commitment.
(e) "Proposed Insured": Each person identified n Schedule A as the Proposed Insured of each P011 cyto be issued pursuant to thi s
Commitment.
(f) "Proposed Poli cyAmount": Each dollar amount specifi edi n Schedule A as the Proposed Poli cyAmount of each Poli cyto be
i ssued pursuant to thi s Commitment.
(g) "Publi c Records": Records established under state statutes at the Commitment Date for the purpose of i mparti ngconstructive noti ce
of matters relati ngto real property to purchasers for value and without Knowledge.
(h) "Ti tle": The estate or i nterestdescri bed i n Schedule A.
2. If all of the Schedule B, Part I—Requi rements have not been met withi nthe ti me peri od specifi edi n the Commitmentto Issue
Poli cy, Comitmenttermi natesand the Company's li abi lityand obli gati onend.
3. The Company's li abi tyand obli gati oni s mitedby and thi s Commitment is not vali dwithout:
(a) the Notice;
(b) the Commitmentto Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requi rements; [and]
(f) Schedule B, Part II—Exceptions[; and
(g) a counter-si gnatureby the Company or its issui ngagent that may be i n electronicform.
August 21, 2018 - Page 81 of 17
4. COMPANY'S RIGHT TO AMEND
The Company may amend thi s Commi tment at any ti me. If the Company amends thi s Commi tmentto add a defect, li en, encumbrance, adverse
clai m, or other matter recorded i n the Publi c Records pri or to the Commi tment Date, any li abi li tyof the Company i s li mi tedby Commitment
Condi ti on5. The Company shall not be li able for any other amendment to thi s Commi tment.
5. LIMITATIONS OF LIABILITY
(a) The Company's li abi li tyunder Commi tmentConditi on4 i s li mi tedto the Proposed Insured's actual expense i ncurred i n the i ntervalbetween
the Company's deli veryto the Proposed Insured of the Commitment and the deli very of the amended Commitment,resulti ngfrom the
Proposed Insured's good faithrelianceto:
(I) comply wi ththe Schedule B, Part I—Requirements;
(i i) eli mi nate,withthe Company's wri ttenconsent, any Schedule B, Part ll—Excepti ons;or
(i i i) acqui rethe Ti tle or create the Mortgage covered by thi sCommitment.
(b) The Company shall not be li able under Commi tment Condi ti on5(a) if the Proposed Insured requested the amendment or had Knowledge
of the matter and di d not noti fythe Company about it i n wri ti ng.
(c) The Company wi Il only have li abi lityunder Commi tment Condi ti on4 i fthe Proposed Insured would not have i ncurredthe expense
had the Commi tmenti ncluded the added matter when the Commi tment was fi rstdeli veredto the Proposed Insured.
(d) The Company's li abi li tyshall not exceed the lesser of the Proposed Insured's actual expense i ncurred i n good faithand
descri bed i n Commi tment Condi ti ons5(a)(i )through 5(a)0 i i pr the Proposed Poli cyAmount.
(e) The Company shall not be li able for the content of the Transaction ldenti fi cati orData, if any.
(f) In no event shall the Company be obli gatedto issuethe Poli cy referred to i n thi s Commi tment unless all of the Schedule B,
Part I—Requi rementshave been met to the satisfaction of the Company.
(g) In any event, the Company's li abi lityi s li mi tedby the terms and provi si onsof the Poli cy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured i denti fi ed n Schedule A, and no other person, may make a claim under this Commitment.
(b) Any clai m must be based i n contract and must be restri ctedsolely to the terms and provi si onsof thi s Commi tment.
(c) Unti I the Poli cy i s i ssued, thi sCommi tment, as last revi sed, i s the exclusi ve and enti re agreement between the parti eswi th respect
to the subject matter of thi s Commitment and supersedes all pri orcommi tment negoti ati ons,representations, and proposals of any
ki nd, whether writtenor oral, express or i mpli ed,relati ngto the subject matter of thi sCommitment.
(d) The deleti on or modifi cati orof any Schedule B, Part II—Excepti ondoes not consti tutean agreement or obli gati onto provi de
coverage beyond the terms and provisionsof thisCommitmentor the Policy.
(e) Any amendment or endorsement to thi s Commi tment must be i n writi ng[and authenti catedby a person authori zed by the Company].
(f) When the Poli cyi s i ssued, all abi tyand obli gati onunder thi s Commi tmentwi II end and the Company's only li abi tytnii II be under the Poli cy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The i ssui ngagent i s the Company's agent only for the li mi tedpurpose of i ssui ngtitle i nsurancecommi tmentsand poli ci es.The i ssui ngagent
i s not the Company's agent for the purpose of provi di ngclosi ng or settlement servi ces.
8. PRO -FORMA POLICY
The Company may provi de, at the request of a Proposed Insured, a pro -forma poli cy i Ilustrati ngthe coverage that the Company may
provi de.A pro -forma poli cy nei ther reflects the status of Titleat the ti me that the pro -forma poli cy i s deli veredto a Proposed Insured,
nor isita commitmentto insure.
9. ARBITRATION
The Poli cycontai nsan arbitration clause. All arbitrable matters when the Proposed Poli cyAmount i s$2,000,000 or less shall be arbitrated
at the opti on of ei ther the Company or the Proposed Insured as the exclusive remedy of the parti es.A Proposed Insured may revi ewa
copy of the arbitration rules at http://www.alta.org/arbitration.
Issued by:
Land Title Guarantee Company
3033 EastFirstAvenueSuite 600
Denver, Colorado 80206
303-321-1880
Authori zedOfficer or Agent
Old Republi cNati onalTi tlelnsurance Company
a Stock Company
400 Second Avenue South
Mi nneapoli s,Mi nnesota55401
(612)371-1111
MarK Bllbrey
President
Range Yeager
Secretary
AMERICAN
LAND TITLE
ASSOCIATION
This page is onlya part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule 8, Part II—Exceptionsf; and a counter -signature bythe Company or its issuing
agent that may b ein electronic form]
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of thi sForm (or any derivative thereof) i s restricted to ALTA li censeesand ALTA members i ngood standi ngas of the date of use. All other uses are prohi bi tedRepri ntedunder li censefrom the
American Land Ti tleAssociation.
August 21, 2018 - Page 82 of 17
VICINITY MAP
T5S, R8OW, 6TH P.M.
SCALE: 1 "= 500'
FND. REBAR & ALUM.
CAP LS #26598
CHATEAU
CHRISTIAN
TOWNHOUSES
T
10.0' 10' UTILITY
EASEMENT
(RN 96382)
5' UTILITY 510.
EASEMENT
N 00'00'00" E
FND. NAIL & WASHER
LS #26598
AD'
T
0'
n
10'
ri
1
EXEMPTION PLAT
4
AXC
A
V
Tr"
PART OF LOT d, BLOCK 2, VAIL VILLAGE, FIRST FILING, LOT d-1, BLOCK 2,
VAIL VILLAGE, FIFTH FILING AND TRACT E, VAIL VILLAGE FIFTH FILING
TOWN OF VAIL, EAGLE COUNTY, COLORADO
20'
30'
SCALE: 1" = 10'
0=43'54'52"
R=160.17'
L=122.76'
T=64.57'
C LEN=119.78'
BRG=S 84'35'51" E
19,414/s0
N
6jANCH
PRELIMINARY 5/4/2018
ROAD
NOTES:
1) Date of Survey: April, 2018.
2) Land Title Guarantee Company Order No. V 50050360-5, dated 4/30/2018
was relied upon for all title and easement information.
3) Notice: According to Colorado law you must commence any legal action
based upon any defect in this survey within three years after you first
discover such defect. In no event, may any action based upon any defect
in this survey be commenced more than ten years from the date of the
certification shown hereon.
4) Basis of Bearings: found monuments at the most south angle point of
Lot d-1, Block 2, Vail Village, Fifth Filing & the most westerly corner of
Christiana At Vail Condominiums being N66°02'00"W (see drawing).
5) The purpose of this plat is to vacate the property lines and create
a single lot to be known as Lot 1, 366 Hanson Ranch Road Subdivision.
6) The U.S. survey foot is the lineal unit used for the dimensions on this
plat.
7) The addresses on this plat are for reference purposes only. Please refer
to the Town of Vail Department of Community Development for updated
addressing information.
(40R,O.R.0.\14•)
PROPERTY LINE
VACATED BY THIS PLAT
LOT 1, 366 HANSON RANCH ROAD
0.3040 ACRES
111.21'
BUILDING
OUTLINE
(RN 102538)
TRACT E
LAND USE SUMMARY
Lot
Lot 1, 366 Hanson Ranch Road
SET REBAR & ALUM.
CAP LS #26598
AREA
0.3040 acres
1-f,Ti-1 U -iT/A -67,E--4 1 -IT/ -ILTA 1 ; r.g.•
USE
PROPERTY LINE
VACATED BY THIS PLAT
ADDRESS
Public Accommodation 366 Hanson Ranch Road
41199 HIGHWAY 6 & 24, EAGLE-VAIL
P.O. BOX 1230
EDWARDS, CO. 81632
(970)949-1406
N 84'04'48"
131.39'
TRACT E
T
1
1
1 1
5' UTILITY
EASEMENT
1 1(RN 102538)
1
I 1
1 1
I
ARC=32.68'
1
I
1
1
35.00'
5.0'- i 10' UTILITY
EASEMENT
(RN 102538)
51.66'
1
S 01'29'38'
SET REBAR & ALUM.
CAP LS #26598
LOT d-1
20.35'
PROPERTY LINES
CREATED BY THIS PLAT
rn
M
5 �O, 5' UTILITY EASEMENT (RN 102538)
5105' UTILITY (RN 102538)
EASEMENT
TRACT E
SET REBAR & ALUM.
CAP LS #26598
CERTIFICATE OF DEDICATION AND OWNERSHIP
Know all men by these presents that VailPoint, LLC, A Colorado Limited
Liability Company, being sole owner in fee simple of all the real property
situated in the Town of Vail, Eagle County, Colorado, described as follows:
PARCEL 1
FND PIN &
LS #16827
CAPj ..
i
CHRISTIANA
AT VAIL
CONDOMINIUMS
r
1
Nos
CHATEAU
CHRISTIAN
TOWNHOUSES
1
i
1 111 TIVOLI
1 LOT d -1 1 LOT e
1 11 1
PART OF LOT d 1�i '1r
1 1
FND PIN & CAP
LS #26598
That part of Lot d, Block 2, Vail Village, First Filing, according to the recorded plat
thereof, beginning at the southeast corner of said Lot d, Block 2, Vail Village, First Filing;
thence westerly along the south line of said Lot d, a distance of 111.21 feet; thence on an
angle to the right of 90°00'00", a distance of 67.80 feet; thence on an angle
of 3712'30", a distance of 23.61 feet to a point of intersection with the northerly line
of said Lot d; thence on an angle of 80'08'50" and along said northerly line
and along a curve to the left having a radius of 160.17 feet, a central angle of
32°13'14", an arc distance of 90.07 feet to the northeast corner of said Lot d; thence on
an angle of 86°51'56" and along the easterly line of said Lot d, a distance
of 69.96 feet to the true point of beginning, County of Eagle, State of Colorado.
PARCECL 2
That part of Lot d-1, Block 2, and Tract E, Vail Village, Fifth Filing, according to the map thereof
recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the southwest corner of said Lot d-1, thence along the westerly line of said Lot d-1
N08'00'00"W 69.96 feet to the northwest corner of said Lot d-1, also being on the southerly right
of way line of Hanson Ranch Road; thence, along the northerly line of said Lot d-1, also being the
southerly right of way of Hanson Ranch road, 32.68 feet along the arc of a curve to the left,
having a radius of 160.17 feet, a delta angle of 11'41'22", and a chord that bears N7917'23"E
32.62 feet; thence departing said northerly line S01°29'38"W 108.75 feet; thence N84°04'48"W
131.39 feet to a point of the extension of the west line of a parcel shown Part of Lot d; thence
along said extension, N00°00'00"E 19.82 feet to the southwest corner of said Part of Lot d; thence
along the south line of said Part of Lot d, N90°00'00"E 111.21 feet; to the point of beginning,
County of Eagle, State of Colorado..
has by these presents laid out, platted and subdivided the same into
parcels as shown on this final plat under the name and style of
Lot 1, 366 Hanson Ranch Road, a subdivision in the Town of Vail, Eagle
County, Colorado.
Executed this day of , A.D., 2018.
Owner:
VailPoint, LLC, a Colorado
limited liability company
Address:
By
as:
STATE OF
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, A.D., 2018 by as
of VailPoint, LLC, a Colorado
limited liability company.
My Commission expires:
Witness my hand and seal.
Notary Public
Address:
SURVEYOR'S CERTIFICATE
I do hereby certify that I am a professional Land Surveyor licensed under
the laws of the State of Colorado, that this plat is true, correct and
complete as laid out, platted, dedicated and shown hereon, that such plat
was made from an accurate survey of said property by me and under my
supervision and correctly shows the location and dimensions of the lots,
easements and streets of said subdivision as the same are staked upon the
ground in compliance with applicable regulations governing the subdivision
of land.
In witness thereof I have set my hand and seal this day of
, A.D., 2018
Stan Hogfeldt
Colorado PLS 26598
TOWN COUNCIL CERTIFICATE
This plat approved by the Town Council of the Town of Vail, Colorado this
day of , A.D., 2018, for filing with the Clerk and Recorder of
Eagle County and for conveyance to the Town of Vail of the public
dedications shown hereon; subject to the provision that approval in no way
obligates the Town of Vail for maintenance of roads dedicated to the public
until construction of improvements thereon shall have been completed in
accordance with Town of Vail specifications and the Town Council of the
Town of Vail has by a subsequent resolution agreed to undertake maintenance
of the same. This approval does not guarantee that the soil conditions,
subsurface geology, ground water conditions, or flooding conditions of any
lot shown hereon are such that a building permit or any other required
permit will be issued. This approval is with the understanding that all
expenses involving all improvements required shall be the responsibility of
the subdivider and not the Town of Vail.
ATTEST:
Town Clerk Mayor
Town of Vail, Colorado Town Council
Town of Vail, Colorado
PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE
This final plat was approved by the Town of Vail Planning and Environmental
Commission this day of , A.D., 2018.
ATTEST:
Town Clerk
Town of Vail, Colorado
ADMINISTRATOR CERTIFICATE
Chairman
Town of Vail Planning and
Environmental Commission
This final plat is hereby approved by the Town of Vail Administrator this
day of , A.D., 2018.
ATTEST:
Town Clerk Administrator
Town of Vail Town of Vail
TITLE CERTIFICATE
Land Title Guarantee Company does hereby certify that the title to all
lands shown upon this final plat has been examined and is vested in:
VailPoint, LLC, a Colorado limited liability company and that title to such
lands are free and clear of all liens and encumbrances, except as follows:
Dated this day of , A.D., 2018.
Land Title Guarantee Company
610 West Lionshead Circle #200
Vail, CO 81657
By.
as:
CERTIFICATE OF TAXES PAID
I, the undersigned, do hereby certify that the entire amount of taxes and
assessments due and payable as of
upon all parcels of real estate described on this plat are paid in full.
Dated this day of , A.D., 2018.
Treasurer of Eagle County
CLERK AND RECORDER'S CERTIFICATE
This Plat was filed for record in the Office of the Clerk and Recorder at
o'clock ___.M., on this
day of , 2018,
and is duly recorded as Reception No.
Clerk and Recorder
By.
Deputy
1213 -2 -PLAT -2018. DWG
DRN. BY M. POST DATE:4/2018
JOB NO. 1213.2
PAGE: 1 OF 1
August 21, 2018 - Page 83 of 171
PETITION IN OPPOSITION TO VAIL POINT LLC APPLICATION
August 7, 2018
The Vail Town Council is being asked to consider the following applications:
1. To approve an Exemption Plat that combines a portion of Lot d-1 and Tract E open space
parcels with an existing parcel located at 366 Hanson Ranch Road as a result of the title
to such open space parcels being obtained by the property owner through quiet title court
action.
2. Presuming the resubdivision to combine the open space into a single parcel at 366
Hanson Ranch Road, to approve the rezoning of the such property, including the open
space parcels from Agricultural and Open Space (AOS), to the same zoning as current
lot, which is Public Accommodation.
Neighbors and owners of property adjoining or in the vicinity of the property submit this Petition
and the undersigned parties express their opposition to both submissions for the following
reasons:
A. The applicant has obtained title to the open space parcels for the purpose of changing the
zoning of such open space and for increasing the lot size with the resulting combined
parcel. The property owner acknowledges that it may determine to redevelop the
property, in which case the new square footage will be used in the calculations for the
redevelopment, including density.
B. The Town would be losing open space due to a change in ownership from one private
party to another, even if the open space area acquired by quiet title never has
improvements on it.
C. Reclassifying the portions of Tract d-1 and e will permanently extinguish open space in
the Vail core that can never be recreated.
D. If these actions are approved, then any property owner fronting on the same or similar
areas of private open space could acquire portions of these tracts from those owners and
ask the Town for them to be combined with their properties and rezoned to accommodate
further development including increased density. It does not matter how title is obtained
to the open space — it could be purchased out right. The rezoning action is being
requested only as a result of the adjacent properties being acquired by the same owner,
and the rezoning from open space is conferring a development benefit to the property
owner.
August 21, 2018 - Page 84 of 17
PETITION IN OPPOSITION TO VAIL POINT LLC APPLICATION
Background
Maintaining open space in the Vail core is a recognized high priority in the Vail open lands
plans. In the 1994 Plan it was recognized that the number one priority was to protect open space
and preserve the "mountain experience." This priority has continued in the 2018 open lands plan.
The Vail Village Master Plan (amended 2012) formalizes this priority with a specific policy:
"Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas
at the base of Vail Mountain and throughout Vail Village and existing greenspaces shall be
preserved as open space." The current request violates that policy.
2015 Purchase
The current owner purchased the property in 2015 with full knowledge that the purchase
did not include the Tract E and d-1 open space portion. In January 2017, Vail Point appeared
before the commission and requested that TOV agree to amend certain covenants protecting this
open space. The Town Council responded that it was not in favor of the request. The only
difference now is that the owner of the property has changed from Vail Resorts to Vail Point
which does not present any compelling reasons to change the result from the January 2017 town
council meeting and approve this request.
Solution
The owner can continue to own the properties in their current form without approval of the
Exemption Plat, or the newly acquired parcel can be re -platted as a separate parcel without a
change in zoning. If there remains a desire to combine the properties by resubdivision, then by
the terms added to the plat or by other regulation, the Town can restrict the use of the open space
parcels specifically and expressly for open space purposes (in other words prohibit development
on them). The Town does not need to and should not rely on the existing or other restrictive
covenants to protect this valuable open space. Additionally, the Town can by plat or other
regulation determine to count the square footage of the newly combined parcel for density as if
the open space properties were not included in the property. The Town has tools to assure that
the open space remains in that form and that increased density is not guaranteed. The fact that
the open space has changed ownership should not require the community to bear unintended
negative consequences simply as a result of this change in ownership as deemed by the court.
Please continue to protect valuable open space, whether publicly or privately owned!
The undersigned have approved the use of their names for this petition.
The Chateau Christian Townhouses Association, Inc.
Joe and Maura Collins, Chateau Christian, #110 and 310
Betsy and Steve Six, Chateau Christian, #210
Louise and Woody Davis, Chateau Christian, #220
Jane and Tom Dimmig, Chateau Christian, #320
Villa Valhalla Owners Association Board of Directors
Frankie, Bill, and Ben Tutt, Owners Villa Vahalla #7
Paco Gonzalez Benet, Owner Villa Vahalla #3 and 4
John Fry LLC, Owner, Villa Valhalla #1
2
August 21, 2018 - Page 85 of 17
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 13, Series of 2018, Second Reading, An Ordinance for a
Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the
"parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard
thereto.
PRESENTER(S): Jonathan Spence, Senior Planner
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 13, Series of 2018, upon second reading.
BACKGROUND: The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by
Braun Associates, Inc., are requesting the first reading of Ordinance No. 14, Series of 2018, an
ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town
Code, to remove 1 A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead,
Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the
vicinity of 500 and 534 East Lionshead Circle.
STAFF RECOMMENDATION:
The Vail Town Council unanimously approved first reading of Ordinance No. 13, Series of 2018 on
August 7, 2018.
ATTACHMENTS:
Description
Staff Memorandum
A. Ordinance No. 13, Series of 2018
B. Staff Memorandum, PEC18-0019, June 9, 2018
C. PEC Minutes, June 9, 2018
D. Applicant Narrative, June 29 2018
August 21, 2018 - Page 86 of 17
TOWN ofvain
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: August 21, 2018
SUBJECT: Second reading of Ordinance No. 13, Series of 2018, an ordinance for a
Prescribed Regulations Amendment to Section 12-10-16 Exempt Areas;
Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7
Amendment, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and
Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -
lieu" zones for parking regulations purposes, and setting forth details in regard
thereto. (PEC18-0019)
Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun
Associates, Inc.
Planner: Jonathan Spence
I. SUMMARY
The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun
Associates, Inc., are requesting the second reading of Ordinance No. 14, Series of 2018, an
ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail
Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of
Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations
purposes, located in the vicinity of 500 and 534 East Lionshead Circle.
On July 9, 2018, the Planning and Environmental Commission (PEC) forwarded a
unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation
Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section
12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A,
Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking
pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534
East Lionshead Circle. This map change will allow the applicants to redevelop their
properties with on-site parking, which would otherwise be prohibited without this ordinance.
Please find the staff memorandum to the PEC included as Attachment B and the minutes
from the July 9th meeting included as Attachment C.
August 21, 2018 - Page 87 of 17
The Vail Town Council unanimously approved first reading of Ordinance No. 13, Series of
2018 on August 7, 2018.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 13, Series of 2018, upon second reading.
III. PROPOSED TEXT AMENDMENT LANGUAGE
The Prescribed Regulation Amendment is proposed to remove Lot 1A, Lot 2A, Tract K, Tract
L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu"
zones for parking regulations purposes. The parcels have direct vehicular access from the
platted easement existing just south of the existing parking structure, and can provide on-site
parking without impacting the pedestrian mall. The location of these parcels is shown below:
.1 fp
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Amendment to Parking Pay in Lieu Zones
Town of Vail
Page 2
August 21, 2018 - Page 88 of 17
The proposed prescribed regulation amendment, will not take effect until the recordation of
the final plat, creating Lots 1A, Lot 2A, Tract K, Tract L and Tract M has occurred with the
Eagle County Clerk and Recorder.
IV. BACKGROUND
The Town's zoning code has allowed for certain exemptions from on-site parking
requirements since 1973. In 1982, in conjunction with the Vail Village and Lionshead Urban
Design Guide Plans, the Town established a "parking pay -in -lieu" program- thereby allowing
property owners to pay a fee in exchange for a reduction in on-site parking. The program's
primary purpose was to minimize vehicular traffic in the Town's pedestrianized commercial
areas while allowing property owners some flexibility in the provision of required parking
created by infill development and redevelopment.
Prior to the approval of Ordinance No. 4, Series of 2001, all properties that were zoned CCI,
CCII or LMU-1 (Vail Village and Lionshead) had the ability to participate in the Town's pay -in -
lieu program - regardless of their location. In 2001, the PEC and Vail Town Council
expressed a desire to re-evaluate the program in an effort to promote the original goals
outlined in the Vail Village and Lionshead Design Guide Plans. The code changes and
amendments to the Core Area Parking Map resulted in the designation of certain properties
that must participate in the program. It was the understood rationale that these properties
were inappropriate for on-site parking due to their pedestrianization and lack of reasonable
access to established motor vehicle ways. The designated properties in the Lionshead Area
are shown below. This exhibit was included as an attachment to Ordinance No. 4, Series of
2001.
LE
Pay -in -Lieu Properties
Lionshead
Pay -in --Lieu Properties
Town of Vail Page 3
August 21, 2018 - Page 89 of 17
This exhibit was later incorporated into the Town's Core Area Parking Map. The most recent
version of this map is shown below.
Core Area Parking Map
1111 Commercial Core Areas
Commercial Core Area - Evervail (pending certain criteria)
Pay -in -Lieu Properties
It should be noted that neither the exhibit nor the Core Area Parking Map make any
distinction between the Lift House and Vail 21 developments and the parking facility.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
The PEC finds the prescribed regulation amendment furthers the general and specific
purposes of the zoning regulations by promoting the harmonious development of the core
areas while maintaining established community qualities and economic values. The ability
to redevelop the subject properties with subsurface parking will allow for development
consistent with the objectives of the zoning regulations.
The PEC finds that this criterion has been 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
Town of Vail Page 4
August 21, 2018 - Page 90 of 17
The PEC finds that the proposed prescribed regulations amendments will better implement
or achieve the applicable elements of the adopted goals, objectives, and policies outlined
in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals
and Policies, staff identified the following applicable statement:
1. General Growth /Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
In addition, The Lionshead Redevelopment Master Plan, a component of the Vail
Comprehensive Plan, speaks directly to redevelopment in this area and the express
desire to replace existing parking on site.
5.7.5 Lions Pride Building and Parking Deck
The Lions Pride building and the parking deck across the alley are not in primary
locations in the retail core but, because they are in very questionable condition (both
visually and physically), their redevelopment and compliance with the Master Plan should
be considered a priority. An opportunity exists to convert the existing alleyway into a true
arrival point for these properties and an enhanced pedestrian walkway. The existing
parking must be replaced, most likely underneath a new structure, and could be accessed
directly from East Lionshead Circle or from the alley.
Staff finds that this criterion has been 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
It is unclear why the properties currently occupied by the parking structure were included
in the "parking pay -in -lie zone." The parcels have direct access from a platted easement
located just south of the existing garage. Allowing redevelopment with subsurface parking
will not be detrimental to the pedestrian experience in the vicinity. As such, the existing
regulation prohibiting on site parking is not appropriate.
The PEC finds that this criterion has been 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
The PEC believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. Specifically, removing the subject properties from the 'Parking Pay -in -Lieu
Town of Vail Page 5
August 21, 2018 - Page 91 of 17
Zone" will allow redevelopment that will provide not only parking for existing users of the
parking facility, parking for the new residential uses proposed but also additional
unrequired parking spaces that will enhance the Town's parking inventory.
The PEC finds that this criterion has been met.
5. Such other factors and criteria the planning and environmental commission and/or
council deem applicable to the proposed text amendment.
VI. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
VII. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2018, upon
second reading, the Community Development Department recommends the Council pass
the following motion:
"The Vail Town Council approves, on second reading, Ordinance No. 13, Series of 2018,
an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund
Established, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of
a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for
parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead
Circle, and setting forth details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 13 Series of 2018, the
Community Development Department recommends the Council make the following
findings:
"Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum
to the Planning and Environmental Commission dated June 9, 2018, and the evidence
and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of
the town and promote the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
Town of Vail Page 6
August 21, 2018 - Page 92 of 17
established character as a resort and residential community of the highest
quality."
VIII. ATTACHMENTS
A. Ordinance No. 13, Series of 2018
B. Staff Memorandum, PEC18-0019, June 9, 2018
C. PEC Minutes, June 9, 2018
D. Applicant Narrative, June 29 2018
Town of Vail Page7
August 21, 2018 - Page 93 of 17
ORDINANCE NO. 13
SERIES OF 2018
AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-
10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO
REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION
OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES
FOR PARKING REGULATIONS PURPOSES, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending a zone district boundary;
WHEREAS, Ordinance No. 30, Series of 1982 adopted parking fee rates for
various uses within the Town;
WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking
pay -in -lieu" policy to be consistent with master plan goals and objectives;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission held a public hearing on the prescribed regulation amendment to remove
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1,
from the "parking pay -in -lieu" zones for parking regulations purposes;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town
Council for the prescribed regulation amendment;
WHEREAS, the Vail Town Council finds and determines 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;
WHEREAS, the Vail Town Council finds and determines that the amendment to
the Town Code furthers the general and specific purposes of the Zoning Regulations;
and
WHEREAS, the Vail Town Council finds and determines that the amendment
Ordinance No. 13, Series 2018
August 21, 2018 - Page 94 of 17
promotes the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following prescribed regulation amendment
to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail
Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations
purposes, as further described in Exhibit A.
Section 2. Condition Precedent The prescribed regulation amendment
set forth in Section 1 hereof shall take effect on the date that the Final Plat for
Vail/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block
1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if
the Final Plat referenced above has not been properly recorded by August 7, 2020, the
prescribed regulation amendment set forth in Section 1 hereof shall not take effect.
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the follows:
a. The prescribed regulation amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town; and,
b. The prescribed regulation amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The prescribed regulation 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; and,
d. This ordinance is necessary and proper for the health, safety and welfare of
the Town of Vail and the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 13, Series 2018
2
August 21, 2018 - Page 95 of 17
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a
public hearing for second reading of this Ordinance set for the 21st day of August, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of August, 2018.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 13, Series 2018
3
Dave Chapin, Mayor
August 21, 2018 - Page 96 of 17
Exhibit A
Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes
FINAL PLAT
VAIL/LIONSHEAD. FIRST FILING
A RESUBDIVISION OF A PART OF LATS 1, 2 3 AND TRACT E BLACK 1
TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO
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Ordinance No. 13, Series 2018
4
August 21, 2018 - Page 97 of 17
TOWN OF VAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 9, 2018
SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund
Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town
Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of
Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking
regulations purposes, and setting forth details in regard thereto. (PEC18-0019)
Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun
Associates, Inc.
Planner: Jonathan Spence
I. SUMMARY
The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun
Associates, Inc., request the review of a prescribed regulation amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt
Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract
L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -
lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East
Lionshead Circle. Based upon Staff's review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission (PEC) forward
a recommendation of approval to the Vail Town Council, of this application, subject to
the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A)
and the applicant's narrative (Attachment B).
II. DESCRIPTION OF REQUEST
The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to remove
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1
from the Pay -in -Lieu designation. The result of the map amendment will be the
allowance of the subject properties, which currently include the two-level parking
structure, to provide onsite parking when redeveloped.
August 21, 2018 - Page 98 of 17
III. BACKGROUND
The Town's zoning code has allowed for certain exemptions from on-site parking
requirements since 1973. In 1982, in conjunction with the Vail Village and Lionshead
Urban Design Guide Plans, the Town established a "parking pay -in -lieu" program -
thereby allowing property owners to pay a fee in exchange for a reduction in on-site
parking. The program's primary purpose was to minimize vehicular traffic in the Town's
pedestrianized commercial areas while allowing property owners some flexibility in the
provision of required parking created by infill development and redevelopment.
Prior to the approval of Ordinance No. 4, Series of 2001, all properties that were zoned
CCI, CCII or LMU-1 (Vail Village and Lionshead) had the ability to participate in the
Town's pay -in -lieu program - regardless of their location. In 2001, the PEC and Vail
Town Council expressed a desire to re-evaluate the program in an effort to promote the
original goals outlined in the Vail Village and Lionshead Design Guide Plans. The code
changes and amendments to the Core Area Parking Map resulted in the designation of
certain properties that must participate in the program. It was the understood rationale
that these properties were inappropriate for on-site parking due to their
pedestrianization and lack of reasonable access to established motor vehicle ways. The
designated properties in the Lionshead Area are shown below. This exhibit was
included as an attachment to Ordinance No. 4, Series of 2001.
Pay -in -Lieu Properties
Lionshead
Pay -in --Lieu Properties
Town of Vail Page 2
August 21, 2018 - Page 99 of 17
This exhibit was later incorporated into the Town's Core Area Parking Map. The most
recent version of this map is shown below.
Core Area Parking Map
w:4
Commercial Core Areas
- Commercial Core Area - Evervail (pending certain criteria)
Pay -in -Lieu Properties
It should be noted that neither the exhibit nor the Core Area Parking Map make any
distinction between the Lift House and Vail 21 developments and the parking facility.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The Prescribed Regulation Amendment is proposed to remove 1A, Lot 2A, Tract K,
Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking
pay -in -lieu" zones for parking regulations purposes (see PEC18-0017). The parcels
have direct vehicular access from the platted easement existing just south of the
existing parking structure. The location of these parcels is shown below:
Town of Vail Page 3
August 21, 2018 - Page 100 of 1
Vantage Point•
1
r
1
14
Lift House
4,01 II
ArrabelI
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benshead Center r
Amendment to Parking Pay in l.ieru Zones
The proposed prescribed regulation amendment, to be approved via ordinance with the
Vail Town Council, will not take effect until the recordation of the final plat, creating Lots
1A, Lot 2A, Tract K, Tract L and Tract M has occurred with the Eagle County Clerk and
Recorder.
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.
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 of a recommendation to the Town Council.
Town of Vail Page 4
August 21, 2018 - Page 101 of 1
Design Review Board:
The Design Review Board has no review authority over a text amendment to the Vail
Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or
denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail
Town Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the
application; an evaluation of the application in regard to 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 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.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading
facilities.
Town of Vail Page 5
August 21, 2018 - Page 102 of 1
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.
12-10-16: Exempt Areas; Parking Fund Established:
A. Criteria: The town council by resolution may exempt certain areas from the off street
parking and loading requirements of this chapter if alternative means will meet the
off street parking and loading needs of all uses in the area. Prior to exempting any
area from the off street parking and loading requirements, the council shall
determine the following:
1. That the exemption is in the interests of the area to be exempted and in the
interests of the town at large.
2. That the exemption will not confer any special privilege or benefit upon
properties or improvements in the area to be exempted, which privilege or
benefit is not conferred on similarly situated properties elsewhere in the town.
3. That the exemption will not be detrimental to adjacent properties or
improvements in the vicinity of the area to be exempted.
4. That suitable and adequate means will exist for provision of public, community,
group or common parking facilities; for provision of adequate loading facilities
and for a system for distribution and pick up of goods; and for financing,
operating and maintaining such facilities; and that such parking, loading and
distribution facilities shall be fully adequate to meet the existing and projected
needs generated by all uses in the area to be exempted.
8. Parking Fund: For projects located within the town's "parking pay -in -lieu" zones (as
identified on the town's official "parking pay -in -lieu zone" maps, incorporated by
reference) property owners or applicants shall be required to contribute to the town
parking fund, hereby established for the purpose of meeting the demand and
requirements for vehicle parking to the extent outlined in applicable master plan
documents and the zoning regulations. At such time as any property owner or other
applicant proposes to develop or redevelop a parcel of property within an exempt
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area which would require parking and/or loading areas, the owner or applicant shall
pay to the town the parking fee hereinafter required:
1. The parking fund established in this section shall receive and disburse funds
for the purpose of conducting parking studies or evaluations, construction of
parking facilities, the maintenance of parking facilities, the payment of bonds
or other indebtedness for parking facilities, and administrative services relating
to parking.
2. The parking fee to be paid by any owner or applicant shall be determined by
the town council.
3. If any parking funds have been paid in accordance with this section and if
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the
payer shall be credited against the assessment with the amount previously
paid.
4. The parking fee to be paid by any owner or applicant is hereby determined to
be eighteen thousand five hundred ninety seven dollars eighty cents
($18,597.80) per space for residential uses (including, but not limited to,
accommodation units, timeshares and fractional fee units). There is no pay in
lieu fee for commercial uses. This fee shall be automatically adjusted annually
by the percentage the consumer price index of the city of Denver has
increased or decreased over each successive year.
5. For additions or enlargements of any existing building or change of use that
would increase the total number of parking spaces required, an additional
parking fee will be required only for such addition, enlargement or change and
not for the entire building or use. No refunds will be paid by the town to the
applicant or owner.
6. The owner or applicant has the option of paying the total parking fee at the
time of building permit or paying over a five (5) year period. If the latter course
is taken, the first payment shall be paid on or before the date the building
permit is issued. Four (4) more annual payments will be due to the town on the
anniversary of the building permit. Interest of ten percent (10%) per annum
shall be paid by the applicant on the unpaid balance.
If the owner or applicant does choose to pay the fee over a period of time, he
or she shall be required to sign a promissory note which describes the total fee
due, the schedule of payments, and the interest due. Promissory note forms
are available at the offices of the department of community development.
7. When a fractional number of spaces results from the application of the
requirements schedule (section 12-10-10 of this chapter) the parking fee will
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be calculated using that fraction. This applies only to the calculation of the
parking fee and not for on site requirements. (Ord. 29(2005) § 29: Ord.
4(2001) § 2: Ord. 3(1999) § 11: Ord. 10(1994) § 1: Ord. 6(1991) § 1: Ord.
30(1982) § 1: Ord. 47(1979) § 1: Ord. 8(1973) § 14.800)
12-10-21: Parking Pay in Lieu Zones Established:
The "parking pay in lieu zone" maps (attached to the ordinance codified herein, and
available for inspection in the office of the town clerk) shall be used to identify properties
within the parking pay in lieu zones referenced in section 12-10-16 of this chapter.
Properties will be required to comply with the amended program upon
demolition/rebuild. Properties not included in the pay in lieu zones may apply to the
planning and environmental commission for review if the provision of on site parking on
the property would circumvent relevant objectives of applicable comprehensive plan
documents including, but not limited to, parking, pedestrianization, and vehicle
penetration elements. (Ord. 29(2005) § 29: Ord. 4(2001) § 3)
Vail Land Use Plan
1. General Growth / Development
1.3.
Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
The quality of development should be maintained and upgraded
whenever possible.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Staff finds the prescribed regulation amendment furthers the general and specific
purposes of the zoning regulations by promoting the harmonious development of the
core areas while maintaining established community qualities and economic values.
The ability to redevelop the subject properties with subsurface parking will allow for
development consistent with the objectives of the zoning regulations.
Staff finds that this criterion has been 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
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Staff finds that the proposed prescribed regulations amendments will better
implement or achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use
Plan's adopted Goals and Policies, staff identified the following applicable statement:
1. General Growth /Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
In addition, The Lionshead Redevelopment Master Plan, a component of the Vail
Comprehensive Plan, speaks directly to redevelopment in this area and the express
desire to replace existing parking on site.
5.7.5 Lions Pride Building and Parking Deck
The Lions Pride building and the parking deck across the alley are not in primary
locations in the retail core but, because they are in very questionable condition (both
visually and physically), their redevelopment and compliance with the Master plan
should be considered a priority. An opportunity exists to convert the existing
alleyway into a true arrival point for these properties and an enhanced pedestrian
walkway. The existing parking must be replaced, most likely underneath a new
structure, and could be accessed directly from East Lionshead Circle or from the
alley.
Staff finds that this criterion has been 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
It is unclear why the properties currently occupied by the parking structure were
included in the "parking pay -in -lie zone." The parcels have direct access from a
platted easement located just south of the existing garage. Allowing redevelopment
with subsurface parking will not be detrimental to the pedestrian experience in the
vicinity. As such, the existing regulation prohibiting on site parking is not appropriate.
Staff finds that this criterion has been 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
Staff believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. Specifically, removing the subject properties from the `Parking Pay -in -
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Lieu Zone" will allow redevelopment that will provide not only parking for existing
users of the parking facility, parking for the new residential uses proposed but also
additional unrequired parking spaces that will enhance the Town's parking inventory.
Staff finds that this criterion has been met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends 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 text
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-
10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove Lot
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead,
Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes,
located in the vicinity of 500 and 534 East Lionshead Circle., and setting forth
details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section VII of the July 9, 2018 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
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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."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Narrative (Please see Attachment B of PEC18-0016)
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PLANNING AND ENVIRONMENTAL COMMISSION
TOWN Of AJi July 9, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
1.1. Attendance
Present: Brian Gillette, Brian Stockmar, John -Ryan Lockman, Karen Perez,
Ludwig Kurz, Pam Hopkins
Absent: Rollie Kjesbo
2. Main Agenda
2.1. A request for the review of variance from Section 12-6C-10, Landscaping
and Site Development, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a deviation from the sixty percent
(60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1,
Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18-
0026)
ApplicantStanley & Karen Jeranko, represented by Martin Manley
Architects
Planner: Justin Lightfield
Lighffield introduced the project and described public comment received on
this application, which are letters of support. He described the subject
property and the access agreement for access on the rear of the property,
which provides accesses for Eagle River Water and Sanitation to their
property to the south. The access easement takes up about 15 percent of
the site, taking away area to be used for landscaping. Minimum required
landscaping is 60% of the site. The applicant is requesting a variance to
provide less than the required landscaping. ERWSD needs the full 25' road
width to allow truck access to the site.
John Martin, Architect— Existing asphalt on the site creates a problem. We
meet all other site requirements, and site already has some site limitations.
Half of the parcel must take access from Grouse Lane, and the other unit will
take access from the access road. Home is designed to separate the two
dwelling units as much as possible. Majority of the front driveway is on Town
of Vail property.
Stockmar — Will you meet at parking requirements?
Martin — Yes, we are meeting parking requirements. They will be on the site
itself.
Perez — Please describe the slope challenges of the site.
Martin — Building steps down from Grouse Lane, and third level down still
does not reach grade. We are working with the grades, but will still have
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August 21, 2018 - Page 109 of 1
retaining walls. Shape of the lot has more to do with the design than the
slope.
Lightfield — The height of the proposed residence is 32'-10", within the 33'
height limit.
Martin- If no landscaping variance, it's an unfair situation for this developer,
which would not be the same as other lots without the existing asphalt.
Public Comment —
John Kuchar — 5124 Grouse Lane. Will this application provide less
landscaping than required? (Lightfield, yes, landscaping proposed is 58%)
We are not looking forward to construction traffic. Road was built with plans
for minimal traffic.
Lightfield —Access easement document highlights the construction, repair,
and maintenance responsibilities.
Kuchar — There is an existing access agreement, it's not clear if it's a 20
year agreement, which expires soon.
Stockmar — You will need to ask that question to your own counsel.
Perez — Explained in perpetuity means forever.
Kuchar — Road is not designed for heavy construction, and in winter how will
snow plowing be addressed. We are asking for a 90 day delay on this
application.
Stockmar — That question is not relevant to the Commission's purview.
Chris Mont — Owner of Lot 3. He is in agreement with John on all his points.
Who is going to clean the road each day? He is in construction, so he
knows how much impact construction can have. He stated no one has done
their 20% of maintenance. He uses the access road daily and echoes
John's concerns.
Perez — You should discuss the legal document with your counsel.
Mont — What's wrong with waiting 90 days?
Gilllette — The road is existing. It has nothing to do with the Town. There are
more hoops for the applicant to jump through, including design review and a
building permit.
Mont — Not all homes on this road were built using this road.
Commissioner Comment —
Lockman —Appreciate the staff memorandum on this lot. Criteria for the
variance has been met, considering that the site already has paving. It's a
challenging site, but it's outside the Towns purview to negotiate on private
property.
Hopkins — OK with it.
August 21, 2018 - Page 110 of 1
Perez — One of the criteria we must look into, the relationship to other
structures in the vicinity. The PEC needs to take into account the impact the
development has on adjacent property. The PEC also needs to look at
physical hardship, and the issue on slope was determined not to be an issue.
She has not seen any evidence that they have not been able to meet the
standard. Perez stated the concern of granting a special privilege. We can
not look at what we approved before. I'm not swayed that it's impossible to
provide 388 additional square feet.
Kurz — Concur with Lockman and Hopkins. The road can be a physical
hardship. Most lots don't have a road built through their property. Most lots
are allowed a certain amount of site coverage and landscaping based on lot
size.
Stockmar — Agrees with most of the other commissioners. The would not be
an issue to meet the landscaping requirements if there were no existing
road.
Ludwig Kurz moved to approve. John -Ryan Lockman seconded the motion
and it passed (6-0).
Absent: (1) Kjesbo
2.2. A request for the review of an amendment to an existing Conditional Use
Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to
allow for the replacement of the existing maintenance facility with a new
maintenance facility at the Vail Golf Course, located at 1278 Vail Valley
Drive/Unplatted, and setting forth details in regard thereto. (PEC18-0027)
ApplicantVail Golf Course, represented by Pierce Architects
Planner: Justin Lightfield
Lightfield introduced the project. No formal action by the PEC is required.
Jeff Bailey -1287 Vail Valley Drive. Thank you for the communication, it has
been great. Question on access to the facility, will it change?
Bill Pierce — No access will change with the project.
Scott O'Connell — No change to access to the facility. No changes to Vail
Valley Drive on this site.
Chris Wolder —Adjacent property owner. What time of day will construction
take place?
Roz Cochman -1328 Vail Valley Drive — Concerned about the noise level.
Jack Hunn, Consultant — Hope to start late September and finish by April or
May 2019.
No commissioner comments.
5 min.
2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7B- 45 min.
7, Exterior Alterations or Modifications, Vail Town Code, to allow for
construction of a new multifamily structure with below grade parking, located
at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1,
and setting forth details in regard thereto. (PEC18-0016)
August 21, 2018 - Page 111 of 1
ApplicantBattle Mountain LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
1. Approval of this project is contingent upon the applicant obtaining Town
of Vail design review approval for this proposal.
2. The Transportation Impact Fee shall be paid to the Town of Vail by the
applicant prior to issuance of any building permit.
3. Prior to the issuance of the first certificate of occupancy for the
project, the Applicant shall execute and record deed restrictions, in a
form approved by the Town Attorney, for the on-site employee housing
units (EHUs).
4. The DRB shall review the snowfall conditions on the rear setback at
time of review.
Stockmar - for the record, there have already been two meetings on the
project.
Braun, representing Battle Mountain LLC, presented to the PEC and stated
after the last meeting additional research has been done on the automated
parking system. There are four applications today. First, is a minor
subdivision (PEC18-0017). Second, Braun presented the "pay in lieu"
parking map amendment (PEC18-0019). Third, is the setback variance/west
wall (PEC18-0018). The Launch building will confirm to the setback to the 0'
setback line. Braun stated the west wall's plane will be determined at the
DRB stage in the process. Fourth, is the exterior alteration (PEC18-0016).
Braun stated staff is supportive of the new design and the application still
must go through the Design Review Board for final design approval.
Braun then presented the automated parking system. He stated the Town
Code requires a minimum of 7' clearance. The elevation clearance proposed
is 7'6". The system will hold 71 minimum spaces. 46 spaces for Vail 21 and
Launch with 25 spaces leased to other users, including retail, real estate
office, etc. There is no "rush hour" or "peak arrival time" from the residential
users.
Stockmar asked about the demand of the system.
Perez - What percentage of the residential parking are short-term vs. long-
term?
Braun could not speak to how many permanent residents live in the building.
Braun mentioned vehicles pull off of the alley, and then enter a code into the
key pad, which opens the garage in a matter of seconds. The user then exits
the car and the car stages itself in front of the elevator, thereby not holding
up any traffic. There are two elevators in the garage and the elevators can
work simultaneously.
Stockmar asked if the parking system reverses the car when the elevator
returns the car to ground level. This would allow the car to pull out rather than
backing out.
Braun stated yes, the cars will pull forward rather than backing out.
Braun stated automated systems have been around for a long duration and
many years. The average turnaround time is 90 seconds for the elevator to
August 21, 2018 - Page 112 of 1
park a car and return to the top. Braun showed on a site plan there are six
spaces for cars to park and drop off supplies. On site staff will verify cars do
not utilize drop off parking zones for long term parking. Braun then
presented on elevator reliability. CityLift is on site quarterly checking the
system and cleans the system quarterly. The system will be designed
differently to handle the winter environment, which will be more resistant to
moister. The system will also have a dehumidifying system to handle the
environment. CityLift will have a contract with a local elevator maintenance
company. In most cases, problems are solved in minutes. There has not
been a repair prohibiting cars from leaving for more than a few hours with
the system.
Commissioner Comments -
Hopkins — How you unload and load without affecting other cars entering the
elevator? How does the circulation work?
Braun — It will require some moving around of vehicles. There are six
dedicated spaces in the drop-off area.
Stockmar stated the normal turn -around, parking patterns, and turning radius
analysis would help the PEC and determine when bottlenecks would occur.
Stockmar stated he lived with an automated parking system in Tokyo and it
never failed in two and a half years. based on past experiences with using
similar systems, it works.
Gillette — If there is not enough time to get items in or out of your car, the
complex will have to hire an assistant.
Hopkins — The drop-off and unload area is more likely to back up than the
parking elevators.
Kurt Rhoden, with Launch Development — Most often systems are using a
public parking format. We have the luxury to have an educated parking
environment within their community. The community with view a video on the
system that CityLift produces.
Lockman — Is the trash and recycling accessed inside the garage or in the
alley?
Braun — They will roll the bin out to the alley and likely go down to the end of
the alley to service the other buildings.
Perez asked if Braun obtained a height measurement within the Town of Vail
regulations.
Braun stated they meet the minimum requirements at 7'6".
Lockman — Is emergency access available if the elevators back up and cars
park in the alley?
Braun — Restoring and having 22' of clear moving area. With a worse case
scenario there will still be access back into the property.
Public Comment -
August 21, 2018 - Page 113 of 1
Stewart McNab, representing Lift House Homeowners Association, stated
his client's interest is not in the parking garage beneath the Launch
Development. His client's interest is in the Lazier section of the parking
garage (upper level that has been removed). He mentioned PEC18-0017
replating application.
Stockmar clarified McNab was addressing another application, not the
current application, PEC18-0016. He asked for the permission from the
Commission to proceed with comments since they are interrelated.
McNab — The final plat is the appropriate place to address parking places
that existed prior to earlier this summer when the parking structure was
demolished. Lift House requests a condition that would require on Lot 1A that
there be a condition for parking places that existed prior to demolition, that
the parking spaces be replaced. McNab indicated the condition will preserve
the status quo and will not affect the Launch site. It wouldn't change
anything. Preserve the spaces that were there prior to development being
proposed. Condition reads:
"Any Major Exterior Alteration or other redevelopment of Lot 1A shall include,
at a minimum, 95 spaces in addition to the requirements for the altered or
redeveloped structure on that lot, so as to conform to the original permits and
approval for the Lift House and the Lionshead Arcade buildings for which the
parking existing as of June 1, 2018 on Lot 1A was intended to serve."
McNab stated there are actually 91 spaces after speaking with Braun. The
condition can change to 91 spaces rather than 95 spaces. This recognizes
the demo for permit was granted without condition and adding the condition
to the new plat will ensure preserving the status quo at time of development. It
will not affect the Launch side, because parking is being taken care of.
Condition would have the effect of preserving the spaces that were there
prior to the development being proposed.
Lockman — What was the total allocation of spots across 2A and 1A both top
and bottom of the parking structure?
Gillette — How did we get to 46 spaces?
Braun stated Launch will provide there parking numbers as required and
Lazier will provide their parking numbers. The 46 number is the number
Launch has committed the residential users on their portion of the property.
Gillette — How are we going to get to what we are replacing vs adding?
Kurt Rhoden — There were 52 spaces before demolition. We need to replace
those 52 spaces. There are also an additional minimum of 71 spaces needed
for the development. The 46 is totaled by adding what Vail 21 and Elevation
community would need.
Perez — Clarified there will be 71 spaces on the eastern side 1/3 and 91 or
95 on the western 2/3.
Braun stated 91 spaces existed before demo on Lazier's side of the
development. Braun clarified demo occurred prior to the applications coming
before the PEC.
August 21, 2018 - Page 114 of 1
Braun explained the following in terms of history:
June 1 (before demo) — there were 52 spaces at Launch and Lazier had 91.
143 spaces total.
Launch is replacing their 52 and providing 17 more for EHUs and
condominiums
Lazier will replace 91 spaces and provide parking for his 23 units — 30 some -
odd spaces.
• 143 total spaces before deck was removed
Perez asked who was the applicant for the demolition of the garage.
Stockmar asked if there was a condemnation of the parking structure.
Braun responded the parking structure was not condemned. Battle
Mountain LLC was the applicant for demo permit. Battle Mountain LLC
is part of Launch.
Gillette suggested a change to the condition.
Stockmar asked if the PEC needed to include the Gillette suggested
change to the condition.
Neubecker confirm the language is already highlighted in the Vail Town
Code.
McNab — The problem is there so no assurance that the project will
happen any time soon, whether that be this year, next year, etc.
Lazier — Stated that he is concerned of the terminology of the condition
since he does not trust the motivation of the Lift House. He stated he
hopes to present his proposed project in 30-45 days. He prefers the
condition to be in the PEC's language, not Lift House's. He stated
there are no traffic flow issues, without many cars coming in and out
on a daily basis. The 91 spaces will be part of their proposal.
Jamie Crosby, Vail 21 resident— Owns parking lots and apartment
buildings. Concerns were the elevator maintenance and getting fixed.
Mentioned lack of staging with cars and getting garbage trucks through
the site.
David Moe — Manager for Vantage Point Condominiums. Stated there
was a horizontal crack that went the entire distance of the property.
Vantage Point's concern is for their foundation and is seeking
assurance that their property will not be affected by construction and
building 3 floors underground. The structure was collapsing because it
was moving to the south, especially being built 8' from the Vantage
Point. Additionally, the proposed sidewalk along the north property line
of Launch is a hazard. They believe the sidewalk is a danger due to
the cliff of Vantage Point's roof. The area between the two properties is
deadly, due to Vantage Point being 6 stories and the proposed building
being 7 stories.
Neubecker — This will be examined during the DRB review process.
Moe — Never had snow falling on cars or people, but he has noticed
tons of snow falling between the two buildings. The sidewalk is the main
concern. Moe asked for a core sample of the soil 10' deep. Lazier
August 21, 2018 - Page 115 of 1
responded well, but Launch did not respond as well.
Commissioner Comment -
Lockman — Largest concern is that parking that was there, stays there.
In the Lionshead planning documents, is there a number mentioned in
the master planning document for parking?
Neubecker —A number is not indicated on the master planning
documents.
Braun — The master plan specifically states parking must be replaced.
He believes the parking condition is not required. Stated a condition is
not required since this is an active application.
Gillette — Indicated due to high construction costs, the building may not
be built any time soon. The condition will verify it is not lost and the
condition should be added to the plat and fee -in -lieu applications.
Braun — Wanted to clarify conversations with Vantage Point. Braun
stated the applicant will reconvene with Vantage Point once a
construction team is selected.
Stockmar — Clarified the PEC was in commissioner comment on
PEC18-0018 and PEC18-0016.
Commissioner Comment for all related applications -
Gillette —Adding the condition to PEC18-0019 and PEC18-0017
makes sense to clarify what parking spaces are being talked about.
Kurz — Aggress with Gillette's idea that all applications are appropriate.
Kurz will support conditions if supported by Staff. Comfortable with the
applications. Concerns have been thought about and addressed.
Perez — Agrees with other commissioners and appreciates the
background provided. Thanked applicant for addressing concerns
made by the PEC. In favor of Gillette's proposed conditions.
Hopkins —Agrees with adding parking condition. Also added for DRB
to review the roof snowfall hazard to be looked at during DRB review.
Lockman — PEC18-0016 applicant listened to the PEC and applicant
did a good job describing the automated parking system. More
comfortable with setback now. There is less parking now than there
was June 1, 2018. Prefers not to create additional regulations on
different applications down the road and the condition should be placed
only on PEC18-0017.
Stockmar — This is PEC's third meeting on the issues and thanked the
applicants. Based on all of the analysis, he is in favor of the
development. Vail is a small town with big city problems. The site is
challenging because of its size and surrounding buildings. He is
comfortable in relying on the Building Department to review plans to
address any safety concerns and eliminate structural issues.
Comfortable with all four items and is not convinced Gillette's condition
is necessary.
August 21, 2018 - Page 116 of 1
Brian Gillette moved to approve with conditions. John -Ryan Lockman
seconded the motion and it passed (6-0).
Absent: (1) Kjesbo
2.4. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the
property lines between two (2) development lots located at 500 & 534 East
Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting
forth details in regard thereto. (PEC18-0017)
Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
1. Any major exterior alteration or other redevelopment of Lot 1A or Lot
2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52
parking spaces for Lot 2A in addition to the requirements for the
altered or redeveloped structures on said lots.
Brian Gillette moved to approve with conditions. John -Ryan Lockman
seconded the motion and it passed (6-0).
Absent: (1) Kjesbo
2.5. A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund
Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail
Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a
Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu"
zones for parking regulations purposes, and setting forth details in regard
thereto. (PEC18-0019)
ApplicantLazier Lionshead LLC & Battle Moutnain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
1. Any major exterior alteration or other redevelopment of Lot 1A or Lot
2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52
parking spaces for Lot 2A in addition to the requirements for the
altered or redeveloped structures on said lots.
Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the
motion and it passed (6-0).
Absent: (1) Kjesbo
2.6. A request for the review a variance from Section 12-7H-10, Setbacks, Vail
Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to
allow for a rear setback of zero feet (0') where ten feet (10') is required for a
new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3,
Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.
(PEC18-0018)
Please see item PEC18-0016 for the staff memorandum concerning this
15 min.
15 min.
0 min.
August 21, 2018 - Page 117 of 1
request.
ApplicantBattle Mountain LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the
motion and it passed (6-0).
Absent: (1) Kjesbo
3. Approval of Minutes
3.1. June 25, 2018 PEC Results
Stockmar stated Planner Lightfield's name is misspelled three times.
Ludwig Kurz moved to approve. Karen Perez seconded the motion and it
passed (5-0).
Abstain:(1) Lockman
Absent: (1) Kjesbo
4. Adjournment
Stockmar noted the final selection and interviews are taking place next week
for the Director of Community position. He stated there is very little
interactions between PECs around the state and country.
Neubecker stated issues and challenges should be brought up first, then
locations can be selected based on what communities have done before in
the past.
Gillette mentioned the PEC should generate a list of what the Town of Vail
PEC has done well and poorly.
Stockmar stated when the PEC's agenda lightens up is the ideal time to visit
other areas.
Exposing the PEC to other experiences is beneficial.
Neubecker stated a retreat would be an ideal time to have a discussion.
Gillette mentioned ski storage was a good example of learning through the
PEC by talking with merchants and owners.
The applications and information about the proposals are available for public inspection during regular office hours at the Town of
Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the
site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission
will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour
prior to meeting time.
Community Development Department
August 21, 2018 - Page 118 of 1
Battle Mountain LLC/534 East Lionshead Circle
Elevation
April 30, 2018, revised June 4 and June 29
I. INTRODUCTION
The purpose of this report is to provide information on Battle Mountain LLC's proposed
development of Elevation, a residential condominium at 534 East Lionshead Circle.
Information provided herein has been prepared in accordance with procedures
prescribed by the Town of Vail development review process.
Elevation is located on a parcel of land (Lot 2A and Tract K as depicted on the proposed
Minor Subdivision), that for many decades included a portion of a two-level parking
structure located along East Lionshead Circle. This parking structure will be removed in
order to facilitate this redevelopment. Elevation includes three levels of underground
parking, a six -level residential building and related site and landscape improvements.
The adjoining property to the west (Lot 1A as depicted on the proposed Minor
Subdivision), is pursuing a similar residential development. While separate projects,
these two land owners have been coordinating their design and redevelopment efforts
and two of the applications submitted herein pertain to both projects.
Elevation/534 East Lionshead Circle
Development Applications Page 1
August 21, 2018 - Page 119 of 1
Four development applications have been submitted:
• Exterior Alteration application for the proposed condominium building and site
improvements,
• Minor Subdivision application to formalize the division of land for the subject
parcel and four surrounding parcels,
• Variance application for a rear setback variance, and
• Amendment to the Town's Parking Pay in Lieu map.
Each of these applications are described in detail below. Information provided in this
report is presented in the following sections:
I. Introduction
II. Project Overview and Background
III. Description of Project
IV. Conformance with Applicable Review Criteria
1. Exterior Alteration
2. Minor Subdivision
3. Variance Request
4. Amendment to Parking Pay in Lieu
V. Appendix
1. Minor Subdivision
The Exterior Alteration and Variance applications have been submitted on behalf of
Battle Mountain LLC (BMLLC). These applications pertain to proposed Lot 2A and Tract
K. Applications for a Minor Subdivision and Parking Pay in Lieu Map amendment have
been submitted on behalf of both BMLLC and Lazier Lionshead LLC (Bob and Diane
Lazier, herein referred to as Lazier), owners of adjoining parcels. The minor subdivision
and pay -in -lieu amendment applications pertain to land on which the BMLLC project is
located and land on which Lazier's future development will be located.
While the subject property is owned by BMLLC, the development of Elevation will be
done by Launch Development Inc. (a BMLLC affiliate), in conjunction with Mountain
Meadow Homes.
On the following page is a project vicinity map depicting the properties party these
applications and a site plan of Elevation
Elevation/534 East Lionshead Circle
Development Applications Page 2
August 21, 2018 - Page 120 of 1
Vantage Point
LAZIER
PARCEL
Sunbi rd
Park
COMMON ACCESS
TRACT K
Lif#house
Vail 21
107.-
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ionshead
Arcade
Project Vicinity Map
Illustrative site plan of BMLLC's proposed development of Elevation
Elevation/534 East Lionshead Circle
Development Applications Page 3
August 21, 2018 - Page 121 of 1
II. PROJECT OVERVIEW and BACKGROUND
Background on Parking Structure and Division of Land
The existing parking structure was developed in the early 1970's and over the years has
provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other
individuals. The structure is located on two parcels of land that were described and
deeded in the 1970's based on legal descriptions. These parcels were originally part of
Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of
land did not go through a formal subdivision process.
The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3rd is
owned by BMLLC. BMLLC and Lazier own equal interests in proposed a common access
parcel that provides access to both development parcels (depicted as Tract K on
proposed minor subdivision). The proposed Minor Subdivision will formalize the
subdivision of the two parcels that currently accommodate the parking structure, the
commonly owned access parcel, and two other small, adjoining parcels.
Redevelopment Coordination
BMLLC and Lazier have been coordinating over the past year on the redevelopment of
there respective parcels. This collaboration will include the demolition of the top deck
of the existing parking structure this spring/summer. Subject to obtaining approvals
from the Town, BMLLC intends to initiate construction of their redevelopment in the
Spring of 2019. Lazier intents to submit development applications in the near future but
has no definitive timeline for their redevelopment.
The BMLLC and Lazier projects will share a common access drive off East Lionshead
Circle. This access is proposed in the same location as the drive aisle that serves the
existing parking structure. Both projects will include below grade parking and
condominium buildings located above the parking. The parking level of the BMLLC
project has been designed with a 0' setback on the rear, or west side of the site which
will allow for the Lazier project to build to the same 0' setback line. Once constructed,
each project will include outdoor spaces above the parking levels of each building.
The sketch on the following page provides a depiction of how the coordinated design of
the Elevation and Lazier projects can provide a shared outdoor plaza and a unified
site/landscape plan.
Elevation/534 East Lionshead Circle
Development Applications Page 4
August 21, 2018 - Page 122 of 1
Conceptual site/landscape plan of Elevation and the future Lazier project.
VA& 21
Zoning and Surrounding Land Use
The BMLLC project is zoned Lionshead Mixed Use — 1 (LHMU1) and except for the 0' rear
setback (for the parking level only), has been designed in compliance with development
standards prescribed by the LHMU1 zone district. The two development parcels (Lots
1A and 2A on the proposed minor subdivision) both comply with the minimum lot size
as prescribed by LHMU1.
The BMLLC property is bordered by LHMU1 zoned lands on the north, south and west
sides. Each of these properties have been developed with residential or mixed-use
projects. To the east is the Town of Vail Lionshead Parking Structure.
Site Area
As per the Town Zoning Code, the definition of "lot or site" is:
A parcel of land occupied or intended to be occupied by a use, building, or
structure under the provisions of this title and meeting the minimum
requirements of this title. A lot or site may consist of a single lot of record,
a portion of a lot of record, a combination of lots of record or portions
thereof, or a parcel of land described by metes and bounds.
For the purposes of this development application, the "lot or site" for the BMLCC
development includes both Lot 2A and Tract K. This results in a total site area of 13,677
square feet (10,367 square feet from Lot Al and 3,310 square feet from Tract K). This
Elevation/534 East Lionshead Circle
Development Applications Page 5
August 21, 2018 - Page 123 of 1
means all development standards for the project are based on the total site area and
boundary of both parcels.
A letter from Lazier that authorizes BMLLC's use of Tract K as part of its "lot or site" has
been provided under separate cover. Note that an agreement between BMLLC and
Lazier stipulates that BMLLC will limit its Gross Residential Floor Area (GRFA) to what is
permitted based on the site area of Lot 2A (10,367sf, or 25,917sf of GRFA).
5407E 305 EC'
VANTAGE POINT
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Shaded area indicates the site area for Elevation.
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Elevation/534 East Lionshead Circle
Development Applications Page 6
August 21, 2018 - Page 124 of 1
III. DESCRIPTION OF PROJECT
Four development applications have been submitted for this project:
Exterior Alteration
This review process is prescribed by the LHMU1 zone district and applies to any
new development that among other things adds dwelling units or more than
1,000 square feet of floor area. The Exterior Alteration review process evaluates
the project's compliance with the purpose of the LHMU1 zone district and
applicable development standards of the zone district, how the project complies
with applicable elements of the Lionshead Redevelopment Master Plan and
potential impacts of the project on the surrounding neighborhood.
Minor Subdivision
The subject properties were divided in the early 1970's and have been under
separate ownership since that time, but they were not formally subdivided. The
Minor Subdivision has been proposed to formalize this division of land and is
essentially a housekeeping item. The main considerations in evaluating a minor
subdivision is to ensure that the parcels to be created meet minimum lot size
standards, have access, will allow for orderly development and that the
subdivision complies with the Town's development objectives. Below is a
diagram depicting the proposed subdivision.
BMLLC/Lazier Plat Exhibit
3ESUBDIYRION OF A PART PF LOTS, 1. 2 3 AND 'TACT E BLOCK 1
Ton OF VAIL COUNTY OF EAGLE, STATE OF COIARAEO
1! ;
I.ra
...T va.
Elevation/534 East Lionshead Circle
Development Applications Page 7
August 21, 2018 - Page 125 of 1
Rear Setback Variance
As described above, coordination between BMLLC and Lazier has been ongoing
for the past year. Upon completion, these two projects will provide a unified
design solution. They will, however, be developed on independent timelines. It
is expected that BMLLC will be the first to move forward. The uppermost
parking level for each project is located at the grade with the common access
drive. The western end of Elevation's top parking level is proposed to be at the
project property line, or with a 0' side setback. This has been done to allow the
design of Lazier's top parking level to be located at its easterly property line, or
with a 0' side setback. The benefit of this approach is that it eliminates a 20'
separation between parking structures that is otherwise required by setback
regulations. The two abutting 0' setback conditions will only occur at the parking
level. The adjoining parking structures will allow for development of outdoor
space on Lazier's project that will link to Elevation's outdoor space. A rear
setback variance is necessary to allow for this solution.
Below is a diagram demonstrating at a conceptual level the final condition with
the 0' setback upon completion of Lazier's project.
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The elevation elevation above depicts the final 0' setback condition upon completion of Elevation the Lazier
project
Elevation/534 East Lionshead Circle
Development Applications Page 8
August 21, 2018 - Page 126 of 1
Amendment to Parking - Pay in Lieu Map
The Town's parking regulations establish Pay in Lieu Parking Zones that identify
properties that are required to "pay in lieu" of providing on-site parking. Such
properties are identified in Vail Village and Lionshead and in most cases include
properties that do not have frontage on a public right of way (like the Lionshead
Arcade) or properties that are located along pedestrian streets (like the Wall
Street Building in Vail Village) where vehicular traffic is undesirable. Even though
they have direct access on a public right-of-way, both the BMLCC and Lazier
properties are mapped as pay in lieu properties.
A code amendment is proposed to amend the Parking Pay in Lieu Map to remove
these properties from this map designation. A map depicted these parcels is
provided on page 12.
Development Program
Below is a description of the main elements of the proposed project. The project's
conformance with applicable review criteria for each of the four development
applications is found in Section IV. of this report.
Residential Condominiums
Nine residential condominium units with a total of 24,590 square feet of GRFA
are proposed.
Employee Housing Units
Three employee housing units (EHU's) comprised of 2,984 square feet are
proposed. This exceeds the Inclusionary Housing requirement by 525 square
feet.
Lobby/Common Areas and "live beds"
3,290 square feet of interior common area is provided. This includes lobby,
sitting room, fitness center and office space on the main level of the building.
Owner's storage and ski lockers space is provided on the main parking level.
In keeping with the "live bed" goals of the LHMP, the lobby, sitting room, fitness
facility and outdoor patio/hot tub space will provide on-site facilities typically
associated with hotels. Short-term rentals of units will be permitted by the
project covenants. Owners will be permitted to rent units via AirBNB-type
services or will be able to utilize on-site management for short-term rentals.
Office space provided on the main level will be staffed throughout the day and
will among other things facilitate check-in for short-term guests.
Elevation/534 East Lionshead Circle
Development Applications Page 9
August 21, 2018 - Page 127 of 1
Parking
As outlined in a 1972 letter from the Town of Vail, the existing parking structure
was built to provide parking for three adjacent projects. Elevation will replace
existing parking and provide for the new parking demand from the proposed
development.
The existing structures and surface parking located on Lot A2 and a portion of
Tract K (the Launch project) provides 52 parking spaces. Proposed development
of nine condominiums and three EHU's requires 17 spaces for a total of 69
spaces. The parking structure will provide a minimum of 69 on-site spaces.
Parking will be provided on three below grade levels and six additional spaces at
the main entry to the parking structure. A total of 93 parking spaces are
depicted on proposed plans. It should be noted that this is a maximum potential
parking number. As project design progresses and more is known about
structural, mechanical and other design considerations, it is anticipated that less
than 93 spaces will be provided. However, under any circumstance a minimum
of 69 spaces will be provided in order to meet zoning requirements.
A fully automated parking system is proposed. A fully automated parking garage
is a mechanical system designed to minimize area/volume required for parking
vehicles. An automated parking garage utilizes mechanics made up of motors,
chains, pulleys and pallets to transport vehicles within the parking system rather
than the driver doing so. The driver pulls into a loading bay that looks very
similar to a garage and parks their car on what is essentially a pallet. The driver
then leaves their vehicle and using a nearby kiosk (with a fob or ticket) instructs
the system to park the vehicle. The loading bay door then closes and the pallet
and vehicle are automatically moved to its designated parking space. When the
driver is ready to retrieve their vehicle, they will insert their parking ticket into
the kiosk (or use their fob) which would trigger the retrieval of their vehicle.
There will be monitors in the lobby that will let the driver know which bay their
vehicle will be arriving in. The vehicle will be delivered facing out so that the
driver does not have to back up out of the bay; this allows ease of exit as well as
expedites the retrieval process.
Six enclosed parking spaces are located next to the parking system loading bay.
These spaces provide parking for users who want to park on-site but need time
before using the parking system. These spaces will allow condominium owners
or short-term renter to check in, unload personal items, etc. before parking.
Site Design
The building's primary pedestrian orientation is to the east with an entry stairs and front
door located along East Lionshead Circle. Landscaping along the road is proposed to
define spaces and "soften" the building. Pedestrian access is also provided on the south
Elevation/534 East Lionshead Circle
Development Applications Page 10
August 21, 2018 - Page 128 of 1
side of the building. Vehicular access will be via the existing shared access corridor. This
corridor will serve two purposes:
• Provide vehicle access to the BMLLC project, to Lazier's future project to the
west and to the Lifthouse Lodge and a small surface parking lot adjacent to Vail
21, and
• Improve the existing east/west pedestrian route between East Lionshead Circle
and Lionshead. To enhance the pedestrian aspect of this corridor, landscaping
on both sides of the drive and a decorative paving pattern to define a pedestrian
walkway are proposed.
The lobby or main level of the BMLLC project includes an outdoor space or terrace on
the west side of the building. The uppermost parking/car entry level is one floor below
this terrace level. Lazier's project will have a similar outdoor space on the east side of
its building. The BMLLC terrace is design such that when Lazier's project is constructed,
the terraces will "merge" the two projects and create a unified outdoor plaza space.
Refer to page 5 for a conceptual depiction of how the design of these two projects is
being coordinated.
Development Standards
A summary of development standards as prescribed by the LHMU1 zone district and
development standards proposed by this project are provided below.
Gross Residential Floor Area
LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area.
The proposed site area of .314 acres (inclusive of Tract K and Lot 2A) would allow
for 34,192 square feet of GRFA. 24,590 square feet of GRFA are proposed.
It should be noted that an agreement with Lazier limits GRFA on Lot A2 to what
is allowable based on the area of just Lot A2 (exclusive of Lot K). Lot A2 is .238
acres or 10,367 square feet and allow for 25,917 square feet of GRFA. The
24,590 square feet of proposed GRFA is 1,327 square feet less that what is
permitted by the site area of Lot 2A.
Density
LHMU1 allows 35 dwelling units per acre. The .314 acre site allows for 10.99
dwelling units. Nine dwelling units are proposed.
Building Height
Maximum allowable absolute height is 82.5' and maximum average height is 71'.
The proposed building has an absolute maximum height of 81.0 and average
height of 70.8'.
Elevation/534 East Lionshead Circle
Development Applications Page 11
August 21, 2018 - Page 129 of 1
Setbacks
Setbacks in LHMU1 are 10' on all sides. Proposed setbacks are:
• Front (along East Lionshead Circle) — 10'
• Side — 10' on north, 29' on south
• Rear — 0' (this variance is discussed above and in Chapter 4-Comformance
with Applicable Review Criteria)
Site Coverage
LHMU1 allows for 70% site coverage, or 10,941 square feet. Proposed site
coverage is 8,020 square feet, or 58.6%
Landscaping
LHMU1 requires 20% of a site to be landscaped, or 2,735 square feet. Proposed
landscape area is 2,760 square feet. Note that this landscape area is softscape
area only, it does not reflect any decorative hardscape areas (of which up to 20%
of the landscape requirement can be).
Parking and Loading
52 spaces currently existing on the site and the proposed development requires
17 new spaces, for a total requirement of 69 spaces. A minimum of 71 on-site
spaces will be provided. While plans indicate 93 spaces, it is assumed that as
design progresses structural, mechanical and other considerations will reduce
the number of spaces that can be achieved. At a minimum 71 on-site spaces will
be provided.
There is no commercial development in the project and as such loading needs
will be very minimal, limited to move in/move out of the residential units. The
loading facility at the Arrabelle was over -sized to provide loading for adjacent
properties. If needed, the Arrabelle facility could be utilized.
Diagrams depicting building height, site coverage, setbacks and landscaping are found in
the project plan set that has been provided under separate cover.
Employee Housing
Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of
the total new GRFA proposed by a project. 25,917 square feet of GRFA are proposed,
resulting in an inclusionary employee housing requirement of 2,459 square feet. The
code requires that a minimum of 50% of this requirement be provided on-site.
Elevation/534 East Lionshead Circle
Development Applications Page 12
August 21, 2018 - Page 130 of 1
Employee Housing Mitigation Plan
Three on-site EHU's totaling 2,984 square feet are proposed. This mitigation will
provide 100% of required housing on-site and will exceed code requirements by 525
square feet.
Parking — Pay in Lieu Parking Map
The purpose of this provision in the parking section of the zoning code is for properties
that do not have access to a public street or are located where the Town does not want
to generate vehicular traffic to pay into a fund for any new parking demand in lieu of
providing parking on-site. For unknown reasons, the parcels on which the parking
structure is located are included on the Pay in Lieu Parking Map, meaning that by code
on-site parking is technically not permitted. For the following reasons, it is assumed
that this mapping was done in error:
• The subject properties have legal access to East Lionshead Circle,
• Vehicle access to the site does not directly interfere with established pedestrian
corridors,
• Parking was in place on the subject parcels when the map was prepared, and
• The Lionshead Redevelopment Master Plan suggests that with the
redevelopment of the subject properties that on-site parking be retained, and a
ground rule of the master planning process was that there be no net loss of
existing parking in Lionshead.
• Zoning requires that the amount of existing parking not be reduced
The proposed amendment would remove the subject properties from the Parking Pay in
Lieu Parking Map and would allow the properties to provide parking on-site. The
properties proposed to be removed are depicted on the map below and are the same
parcels addressed by the proposed Minor Subdivision.
Elevation/534 East Lionshead Circle
Development Applications Page 13
August 21, 2018 - Page 131 of 1
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Elevation/534 East Lionshead Circle
Development Applications
Page 14
August 21, 2018 - Page 132 of 1
CONFORMANCE WITH APPLICABLE REVIEW CRITERIA
Below is a summary of how the proposed project conforms to applicable review criteria
for each of the four development applications.
EXTERIOR ALTERATION
It shall be the burden of the applicant to prove by a preponderance of the evidence
before the planning and environmental commission and the design review board that
the proposed exterior alteration or new development is:
1. In compliance with the purposes of the Lionshead mixed use 1 district,
Response
The purpose of the LHMU1 district is:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of
multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge
dwelling units, restaurants, offices, skier services, and commercial establishments
in a clustered, unified development. Lionshead mixed use 1 district, in accordance
with the Lionshead redevelopment master plan, is intended to ensure adequate
light, air, open space and other amenities appropriate to the permitted types of
buildings and uses and to maintain the desirable qualities of the zone district by
establishing appropriate site development standards. This zone district is meant
to encourage and provide incentives for redevelopment in accordance with the
Lionshead redevelopment master plan.
The proposed project is the initial phase of redevelopment of a distressed
property that is identified by the Lionshead Redevelopment Master Plan (the
Plan) as a priority for redevelopment. The project is very much consistent with
the purpose of the LHMU1 zone district.
2. That the proposal is consistent with applicable elements of the Lionshead
Redevelopment Master Plan, and
The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed
planning document. Below are highlights of how the proposed project is
consistent with main elements of the Plan from Chapter 2 — Policy Objectives,
Chapter 4 — Overall Study Area Recommendations, Chapter 5 — Detailed Plan
Recommendations and Chapter 6 — Site Design Guidelines.
Chapter 2 — Policy Objectives
Of the six broad policy objectives outlined in the Plan, three are applicable to this
project:
Elevation/534 East Lionshead Circle
Development Applications Page 15
August 21, 2018 - Page 133 of 1
2.3.1 Renewal and Redevelopment
The project will replace a dilapidated above grade parking structure with below
grade parking and a new residential building.
2.3.4 Improved Access and Circulation
An outcome of this project is the removal of a vehicular access point on East
Lionshead Circle and significant site/aesthetic enhancement to the east/west
pedestrian corridor south of the proposed building.
2.3.5 Improved Infrastructure
The project will restore parking that had been provided in the two-level parking
structure.
Chapter 4 — Overall Study Area Recommendations
This chapter of the LRMP addresses broad level considerations that affect
Lionshead as a whole. Examples of these include view corridors, Lionshead's
main "hubs", connection with Gore Creek and the natural environment,
connection with Vail Village, public transportation and other considerations.
Most of these considerations are not directly relevant to the proposed
development. This is likely due to two factors — the limited scope of the
proposed redevelopment and the fact that the project is located outside of the
Lionshead core area and major pedestrian streets.
One relevant consideration is with respect to how the LHMP addresses the goal
for "live beds". Consistent with the LRMP and as described on page 8, Elevation
will include typical hotel facilities such as a lobby, sitting room and fitness
facilities. Project covenants will allow for short-term rentals of condominiums
and an office with staff to assist with rentals is provided in the lobby.
Chapter 5 — Detailed Plan Recommendations
Chapter 5 examines individual parcels and groups of parcels and identifies
important functional relationships and objectives to be considered in
redevelopments. Specific considerations from the LRMP relevant to this
proposal include:
5.7.5 Lions Pride Building and Parking Deck
The Lions Pride building and the parking deck across the alley are
not in primary locations in the retail core but, because they are in
very questionable condition (both visually and physically), their
redevelopment and compliance with the Master plan should be
considered a priority. An opportunity exists to convert the existing
alleyway into a true arrival point for these properties and an
enhanced pedestrian walkway. The existing parking must be
Elevation/534 East Lionshead Circle
Development Applications Page 16
August 21, 2018 - Page 134 of 1
replaced, most likely underneath a new structure, and could be
accessed directly from East Lionshead Circle or from the alley.
The proposed project addresses this objective. Landscaping and decorative
pavers are proposed to create a more pleasing pedestrian walkway while also
providing for vehicular use.
The LRM specifically identifies this property as not being an appropriate site for
retail, nor for a gateway, portal or other urban design features that may be
appropriate elsewhere in Lionshead.
Chapter 6 — Site Design Guidelines
This chapter described detailed design elements will lend character and quality
to the overall fabric of public spaces and to the desired hierarchy of pedestrian
spaces.
The proposed project is not located within the Primary Pedestrian Mall nor the
Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets
adjacent to the site. As such, many elements of this chapter are not applicable
to this site. The existing alley on the south side of the project is a Primary
Pedestrian Walk. This corridor will include a decorative walking surface to define
pedestrian flow. The height of some landscape walls will allow for seating. As
suggested by the LRMP, trash and recycling facilities are located within the
building.
Chapter 8 — Architectural Design Guidelines
The LRMP includes an extensive number of architectural guidelines to be
addressed in the design of any new project in Lionshead. These guidelines
include very general, subjective comments such as "the image for Lionshead
should move towards the future — using historical alpine references and Vail
Village as antecedents" or "the middle of buildings within Lionshead shall read as
"quiet" masses". The guidelines also include more specific, quantified guidelines
such as prescribed stepbacks in wall planes and the dimension of roof overhangs.
Since the LRMP was adopted a handful of new projects have been constructed,
among them are the Arrabelle, the Ritz Residences, the Visitor Center and the
Lion. These four examples each express their own unique architectural style.
While they may vary in their expression, each are in common with respect to
how they respond the specific elements of the LRMP architectural guidelines.
Below highlight key features of how Elevation responds to some of the major
elements of the architectural guidelines:
Elevation/534 East Lionshead Circle
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August 21, 2018 - Page 135 of 1
Building Massing and Form
The building has a prominent and solid "base" defined by the use of stone,
columns and building off -sets. The middle portion of the building utilizes two
primary materials and is "quiet". Structural expression at roof eaves anchors the
roof to the building. On the north and south elevations dormers extend to the
face of the wall below and in doing so integrate the roof with the wall plane.
Wall surface criteria
Wall plans are broken up with use of building stepbacks, changes of materials,
secondary roof overhangs and balconies.
Wall materials and colors
Wall materials "play off of" the neighboring Visitor Center and are organized to
define the base and middle of the building.
Balconies
Balconies express structure that integrate them to the building. Balconies are
designed in response to adjacent wall planes and building materials.
Windows and Doors
Windows are recessed in stone walls and headers are used at appropriate
locations. Doors for pedestrian entries utilize wood frames and are high quality
and "heavy".
Detailing
Examples of detail include recessed windows in stone walls, steel c -channel
window headers, timber/steel support elements at balconies and secondary roof
features, corten as secondary wall material, turnbuckle roof features and
ornamental lighting.
3. That the proposal does not otherwise have a significant negative effect on the
character of the neighborhood, and that the proposal substantially complies
with other applicable elements of the Vail comprehensive plan.
Response
Neighborhood character in terms of the built environment is established by the
development standards prescribed by the LHMU1 zone district. These standards
were created to implement the goals of the Lionshead Redevelopment Master
Plan. The project has been designed to conform to these standards and as such
the project will be consistent with the character of the neighborhood. The
proposed project will not have significant negative effects on the character of
the neighborhood.
Elevation/534 East Lionshead Circle
Development Applications Page 18
August 21, 2018 - Page 136 of 1
The Exterior Alteration review process also obligates projects to address the Mitigation
of Development Impacts. Section 12-7H-18 states:
Property owners/developers shall also be responsible for mitigating
direct impacts of their development on public infrastructure and in all
cases, mitigation shall bear a reasonable relation to the development
impacts. Impacts may be determined based on reports prepared by
qualified consultants. The extent of mitigation and public amenity
improvements shall be balanced with the goals of redevelopment and
will be determined by the planning and environmental commission in
review of development projects and conditional use permits. Mitigation
of impacts may include, but is not limited to, the following: employee
housing per the town's current employee housing policy, roadway
improvements, pedestrian walkway improvements, streetscape
improvements, stream tract/bank improvements, public art
improvements, and similar improvements. The intent of this section is to
only require mitigation for large scale redevelopment/development
projects which produce substantial off-site impacts.
Elevation includes the following improvements to mitigate the impact of the proposed
development:
Employee Housing
The square footage of proposed on-site employee housing exceeds the town's codified
EHU requirement by 525 square feet. The three proposed EHU's include 2,984 square
feet, 21.3% more than what is required by code.
Pedestrian Walkway Improvements
The existing sidewalk along East Lionshead Circle will be replaces with a new, heated
walkway, greatly enhancing the pedestrian experience in this area.
Streetscape Improvements
The existing alley that provides site access to Elevation and surrounding properties will
be heated and incorporate a paver sidewalk to accommodate pedestrian traffic within
this shared vehicle/pedestrian corridor.
The improvements above will more than offset the impacts of this modest development
proposal.
MINOR SUBDIVISION
The following are review criteria for a minor subdivision, as outlined in Section 13-3-4,
Commission Review of Application; Criteria and Necessary Findings, Vail Town Code:
Elevation/534 East Lionshead Circle
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August 21, 2018 - Page 137 of 1
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined
in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Response
The proposed subdivision is consistent with 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. By way of example,
Goal 1.3 of the Vail Land Use Plan states "the quality of development should be
maintained and upgraded whenever possible." If approved, the proposed
subdivision will facilitate the upgrading and redevelopment of this property.
2. The extent to which the proposed subdivision complies with all of the
standards of this title, as well as, but not limited to, title 12, "Zoning
Regulations," of this code, and other pertinent regulations that the
planning and environmental commission deems applicable; and
Response
The proposed subdivision is in compliance with the standards of Title 12, Zoning
Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town
Code. Lots 1A and 2A are both consistent with minimum lot size as prescribed by
the LHMU zone district. Track K, the common access parcel is necessary to
provide access to East Lionshead Circle. Tracts L and M are platted as tracts.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives; and
Response
These parcels were established by legal descriptions and deed and have been in
existence for many decades. This subdivision will formalize the status of these
parcels and in doing so the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives. The proposed subdivision will not negatively impact the
existing relationship among surrounding land uses.
5. The extent of the effects on the future development of the surrounding
area; and
Response
Formalizing the subdivision of these parcels that have been in place for many
decades will have no effect on the future development of the surrounding area.
6. The extent to which the proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development; and
Elevation/534 East Lionshead Circle
Development Applications Page 20
August 21, 2018 - Page 138 of 1
Response
The proposed subdivision will not cause any inefficiency in the delivery of public
services and will not require duplication or premature extension of public services
and will not result in a leapfrog development pattern because the applicant is
proposing a subdivision of existing platted lots already served by public facilities.
7. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines; and
Response
The proposed subdivision is currently served by appropriately sized
utility lines, resulting in no future land disruptions to upgrade undersized lines.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community
as a whole; and
Response
The proposed subdivision formalizes previous divisions of land and in doing so will
provide for the growth of an orderly viable community and serves the best
interests of the community as a whole.
8. The extent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features; and
Response
The subject property is currently developed with parking facilities. The proposed
subdivision will not result in any adverse impacts on the natural environment,
including, but not limited to, water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features.
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
Response
n/a
VARIANCE
The purpose and need for the rear setback variance is described in detail on page 7
above. Below is response to findings that must be made with respect to this request.
Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
Elevation/534 East Lionshead Circle
Development Applications Page 21
August 21, 2018 - Page 139 of 1
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Response
The level of the building proposed to be within the rear setback is below grade
on the east and north sides, and above grade on the west and south. Upon
completion of the adjoining Lazier project the only exposed portion of building
within the setback area will be on the south and as viewed from the north the
building within the setback will not be discernible. As such, the setback
encroachment presents no adverse impacts on other existing or potential uses
and structures in the vicinity. To the contrary, the proposed 0' will allow for a
unified plaza design between Elevation and the adjoining Lazier project is
developed.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity, or to attain the objectives
of this title without grant of special privilege.
Response
Design of the BMLLC and Lazier projects will create an outdoor plaza space to be
created between the two buildings. The 0' setback proposed for the parking
level below the outdoor space will allow for the integrated design of this space.
The Lazier project will propose the same 0' setback. Literal enforcement of the
10' setback would result in 20' of basically unusable space between the two
projects and would prevent the creation of this outdoor space.
While located on two separate parcels that are under separate ownership, the
development of Elevation and the future Lazier project essentially represents the
phased development of a unified and coordinated project (unified and
coordinated via the shared access way, coordination on finished floor elevations,
and by the outdoor plaza space between the two buildings). For all intents and
purposes, upon project completion the common property line between these
two parcels will be indiscernible. Due to current ownership the common
property line cannot be eliminated, however, the property line and setback
requirements prevent a design solution that would benefit site design and the
immediate neighborhood (and would be possible were it not for the existing
property line). Variation to the setback requirement is warranted to implement
this design solution and in doing so would achieve compatibility and uniformity
of treatment amount sites in the vicinity and would attain the objectives of this
title without a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Elevation/534 East Lionshead Circle
Development Applications Page 22
August 21, 2018 - Page 140 of 1
Response
The proposed setback will have no adverse effect on the considerations listed
above.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Response
Town development standards in Vail Village and Lionshead allow for and at times
encourage 0' setback conditions when the result will allow for a design that
provides appropriate and desirable design solutions. The basis for this is that
adherence to property line setbacks does not always result in the best design
solution and that within reason, quality design that benefits the greater area
should take precedent over arbitrary setback standards. The proposed 0'
setback will allow for a unified design solution between the BMLLC and Lazier
properties and is consistent with other examples where the Town has
encouraged 0' setbacks.
CODE AMENDMEN/PAY IN LIEU PARKING ZONE
The purpose and need for the amendment to the pay in lieu parking map is described in
detail on pages 7 and 8 above. Below is response to criteria to be considered with
respect to this request.
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations;
Response
The proposed amendment will simply remove four parcels from the Parking —
Pay in Lieu Map. Currently the inclusion of these properties on pay in lieu map
prevents the redevelopment and replacement of the existing parking structure.
This is not consistent with the purposes of the pay in lieu provision of the zoning
code. Nor is it consistent with the Town's development objectives. It is assumed
that the map was done in error for the following reasons:
• The subject properties have legal access to East Lionshead Circle,
• Vehicle access to the site does not directly interfere with established
pedestrian corridors,
• Parking was in place on the subject parcels when the map was prepared,
• The Lionshead Redevelopment Master Plan suggests that with the
redevelopment of the subject properties that on-site parking be retained,
and a ground rule of the master planning process was that there be no net
loss of existing parking in Lionshead. Further, the master plan specifically
encourages the redevelopment of this site and states that the "parking must
be replaced".
Elevation/534 East Lionshead Circle
Development Applications Page 23
August 21, 2018 - Page 141 of 1
• Section 12-10-3 of the zoning code stipulates that the amount of
existing/required parking not be reduced.
This amendment will allow for the development of Elevation consistent with the
master plan and zoning requirements.
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;
Response
On-site parking is appropriate on the subject properties. The existing parking
structure is unsightly, and the Lionshead Redevelopment Master Plan identifies
this property for redevelopment. This amendment will allow for the inclusion of
parking as a part of the redevelopment of these parcels.
3. The extent to which 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;
Response
The Parking Pay in Lieu Map is an appropriate regulation, however the inclusion
of these properties on the map is not appropriate.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Response
Removing the subject properties from the map is necessary in order for parking
to be main on the site. Removing the subject properties from the map will
provide a harmonious, convenient and workable relationship among land use
regulations that will be consistent with the town's development objectives.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
Response
N/A
Elevation/534 East Lionshead Circle
Development Applications Page 24
August 21, 2018 - Page 142 of 1
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 14 Series of 2018, Second Reading, An Ordinance for a
Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage/Ski
Club, and setting forth details in regard thereto.
PRESENTER(S): Jonathan Spence, Senior Planner
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 14, Series of 2018, upon second reading.
BACKGROUND: In an effort to provide the community, retailers and code enforcement with a
better understanding of what does and does not constitute commercial ski storage, staff, Vail
Resorts and the Vail Chamber and Business Association recommend that the Vail Town Council
consider the proposed changes to the definition of Commercial Ski Storage/Ski Clubs in the Vail
Town Code.
STAFF RECOM M ENDAT ION: On August 7, 2018, the Vail Town Council, by a vote of 4-3
(Mason, Langmaid and Moffet opposed) approved, on first reading, Ordinance No. 14, Series of
2018.
ATTACHMENTS:
Description
Staff Memorandum
A. Ordinance No. 14, Series of 2018
B. Staff Memorandum, PEC18-0022, July 23, 2018B.
C. PEC Minutes, July 23, 2018
August 21, 2018 - Page 143 of 1
TOWN ofvain
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: August 21, 2018
SUBJECT: Second reading of Ordinance No. 14, Series of 2018, an ordinance for a
Prescribed Regulations Amendment to Section 12-2-2, Definitions of Words
and Terms, Vail Town Code, to amend and clarify the definition of Commercial
Ski Storage/Ski Club, and setting forth details in regard thereto. (PEC17-0042)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The Community Development Department is requesting the second reading of Ordinance
No. 14, Series of 2018, an ordinance to amend Section 12-2-2, Definitions of Words and
Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage
On July 23, 2018, the Planning and Environmental Commission (PEC) forwarded a
unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation
Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section
12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition
of Commercial Ski Storage. Please find the staff memorandum to the PEC included as
Attachment B and the minutes from the July 23rd meeting included as Attachment C.
The Vail Town Council, by a vote of 4-3 (Mason, Langmaid and Moffet opposed) approved,
on first reading, Ordinance No. 14, Series of 2018 on August 7, 2018
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 14, Series of 2018, upon second reading.
111. PROPOSED TEXT AMENDMENT LANGUAGE
Based upon the concerns expressed by the PEC and in further discussions and coordination
with the Vail Resorts and the Vail Chamber and Business Association, as well as previous
August 21, 2018 - Page 144 of 1
conversations and feedback from the Ski Storage Task Force, a decision was made not to
expand permitted locations for the commercial ski storage and to not codify the relationship
between ski racks and pedestrian or other easements. It was determined that the utilization
of existing regulations related to Outdoor Storage and the examination of any conflicting
easements was best done on an individual basis.
In an effort to provide the community, retailers and code enforcement with a better
understanding of what does and does not constitute commercial ski storage, staff, Vail
Resorts and the Vail Chamber and Business Association recommend the following
additional language be added to the definition section (Section 12-2-2) of the Vail Town
Code. New language proposed is shown in bold.
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots
and poles) and/or clothing used in skiing related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does
not require, the following components:
A. Personal lockers,
B. Boot dryers,
C. Ski storage racks,
D. Ski tuning,
E. Food and beverage service,
F. Areas for congregation and/or socializing,
G. Restrooms and/or shower facilities,
H. Nonwinter activities,
I. Concierge ski services,
J. Retail sales,
K. Business center.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is
located within the lodge or dwelling unit, is not considered commercial ski storage/ski
club.
The following activities, when accessory to a retail operation, shall not be considered
ski storage:
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August 21, 2018 - Page 145 of 1
A. The outdoor display of skis or skiing related equipment that is available
for sale, available for rent, rented or recently serviced. Outdoor display is
subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF
GOODS.
B. The storage, on levels other than the basement or garden level, of skis or
skiing related equipment that is available for sale, available for rent,
rented or recently serviced.
IV. BACKGROUND
The Town of Vail and its regulations of ski storage, ski valet and ski concierge services have
not kept pace with the evolving nature of the ski industry. As a result, the Town is
experiencing the following challenges with the current regulations on commercial ski storage:
Regulations that may be ambiguous and vague.
Regulations that appear to be inconsistent with evolving customer
expectations.
Regulations that may be difficult and/or impractical to enforce, resulting in a
perception of inconsistent enforcement.
On August 1, 2017, the Community Development Department presented a report to the
Town Council on Commercial Ski Storage to engage the Council in a discussion regarding
the Town's policy concerning commercial ski storage, ski valet and ski concierge services. At
the end of the discussion, Town Council supported the creation of a Task Force consisting of
business owners and managers in Vail's ski and lodging industry, and Town staff. The
mission of the Task Force was to study this issue in greater detail, and provide feedback to
the Town Council on amendments that may be needed to the Town's current regulations.
Fourteen members of the local ski and lodging industry signed up for the Task Force, and
several others contacted the Community Development Department after the August 1, 2017
meeting, expressing interest in participating. Following are members of the Task Force that
attended at least one of these meetings:
Chris Cremer Intrawest / Ski Haus
Jeff Evans Christy Sports
Jeff Babb Vail Resorts
Marco Valenti Vail Resorts Retail
Scott Gubrud Four Seasons
Brent Martin Four Seasons
Jacob Bangston Sebastian Base Camp
Jay Lucas Ski Base
Tom Neyens Ski Valet
Zack Meyers Arrabelle
Tom Higgins American Ski Exchange
Chris Howe Ski Butlers / Antlers
Town of Vail Page 3
August 21, 2018 - Page 146 of 1
Alison Wadey
Jenn Bruno
Kevin Foley
Vail Chamber and Business Association
Vail Town Council
Vail Town Council
Task Force meetings were held on August 18, August 23, and August 25, 2017. Based on
input from the Task Force at these meetings, and tours of the some of the participating
businesses, the Community Development Department and the Task Force developed
recommendations for the Town Council to consider.
On September 5, 2017, the Community Development Department and Task Force presented
their recommendations to the Town Council. The Town Council supported the
recommendations, and directed staff to begin to draft text amendments to implement the
changes.
On September 11, 2017, the Community Development Department presented the
Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested
more time to review specific code language, and requested that this topic return for further
discussion.
On September 25, 2017, the Community Development Department presented the
Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested
site visits to several of the ski shops, ski valet services and ski clubs impacted by these
regulations. A tour of these properties is scheduled for October 9, 2017 as part of the PEC
meeting.
On October 9, 2017 the Planning and Environmental Commission further reviewed the
proposed recommendations of the Task Force, expressing concerns with the proposed
changes and possible unintended consequences, particularly as related to expanding
allowable commercial ski storage to building levels other than the basement/garden levels
and the placement of ski racks within pedestrian or other established easements.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
The PEC finds the proposed zoning code amendments further the general and specific
purposes of the zoning regulations by promoting the harmonious development of the
Town's villages while maintaining established community qualities and economic values.
The PEC finds that this criterion has been 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
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August 21, 2018 - Page 147 of 1
The PEC finds that the proposed prescribed regulations amendments will better
implement or achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's
adopted Goals and Policies, staff identified the following applicable statements:
1. General Growth /Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
2. Skier /Tourist Concerns
2.1. The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2. The ski area owner, the business community and the Town leaders should
work together closely to make existing facilities and the Town function more
efficiently.
2.3. The ski area owner, the business community and the Town leaders should
work together to improve facilities for day skiers.
4. Village Core / Lionshead
4.3. The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural settings,
intimate size, cosmopolitan feeling, environmental quality.)
The PEC finds that this criterion has been 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 storage of skis and skiing related gear has evolved from the storage of equipment to
a personal service desired and often expected by our guests. As this land use has
evolved, the Vail Town Code has remained largely static. As a result of this inaction, the
town code is unable to provide the necessary regulatory framework to effectively and
fairly uphold the intent of the Lionshead and Vail Village Master Plans and the Town
Zoning Code itself. The new definition takes into account the substantial changes that
have occurred concerning the use since the adoption of the current regulation.
The PEC finds that this criterion has been met.
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August 21, 2018 - Page 148 of 1
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The PEC believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. Specifically, clarification of what is, and is not, considered commercial ski
storage assists merchants and code enforcement personal with a clear regulatory
framework.
The PEC finds that this criterion has been met.
5. Such other factors and criteria the planning and environmental commission and/or
council deem applicable to the proposed text amendment.
VI. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
VII. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 14, Series of 2018, upon
second reading, the PEC recommends the Council pass the following motion:
"The Vail Town Council approves, on second reading, Ordinance No. 14, Series of 2018,
an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and
Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski
Storage/Ski Club, and setting forth details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 14 Series of 2018, the PEC
recommends the Council make the following findings:
"Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum
to the Planning and Environmental Commission dated July 23, 2018, and the evidence
and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of
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August 21, 2018 - Page 149 of 1
the town and promote the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
VIII. ATTACHMENTS
A. Ordinance No. 14, Series of 2018
B. Staff Memorandum, PEC18-0022, July 23, 2018
C. PEC Minutes, July 23, 2018
Town of Vail Page7
August 21, 2018 - Page 150 of 1
ORDINANCE NO. 14
SERIES OF 2018
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI
STORAGE/SKI CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations;
WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski
Club to more accurately describe what activities do not fall within its definition while
maintaining the success of existing and future businesses within the Town of Vail ;
WHEREAS, the Town Council is committed to clarifying when ski operations pertaining
to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHEREAS, from time to time is it necessary and prudent to update the Town Code;
and
WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town Council
for the amendment.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows
(text that is to be added is bold):
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots
and poles) and/or clothing used in skiing related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does
not require, the following components:
A. Personal lockers,
Ordinance No. 14, Series 2018
August 21, 2018 - Page 151 of 1
B. Boot dryers,
C. Ski storage racks,
D. Ski tuning,
E. Food and beverage service,
F. Areas for congregation and/or socializing,
G. Restrooms and/or shower facilities,
H. Nonwinter activities,
I. Concierge ski services,
J. Retail sales,
K. Business center.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is
located within the lodge or dwelling unit, is not considered commercial ski storage/ski
club.
The following activities, when accessory to a retail operation, shall not be considered
commercial ski storage/ski club:
A. The outdoor display of skis or skiing related equipment that is available for
sale, available for rent, rented or recently serviced. Outdoor display is
subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF
GOODS.
B. The storage, on levels other than the basement or garden level, of skis or
skiing related equipment that is available for sale, available for rent, rented or
recently serviced.
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The amendments are consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and are compatible with the
development objectives of the town;
Ordinance No. 14, Series 2018
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August 21, 2018 - Page 152 of 1
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a public
hearing for second reading of this Ordinance set for the 21st day of August 2018, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series 2018
3
Dave Chapin, Mayor
August 21, 2018 - Page 153 of 1
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council
Chambers of the Vail Municipal Building, Vail Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series 2018
-4
Dave Chapin, Mayor
August 21, 2018 - Page 154 of 1
TOWN OFII)
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 23, 2018
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town
Code, to amend and clarify the definition of Commercial Ski Storage, and setting
forth details in regard thereto. (PEC17-0042)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The Town of Vail requests the review of a Prescribed Regulation Amendment, pursuant
to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions
of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial
Ski Storage. Based upon Staff's review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission (PEC) forward
a recommendation of approval to the Vail Town Council, of this application, subject to
the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST/APPROACH
Before returning to the PEC at this time for a recommendation, staff first updated the
Vail Town Council regarding the Town's policy concerning the regulation of commercial
ski storage, ski valet and ski concierge services on June 19th of this year. Staff has
encouraged a policy that is focused on the following elements:
• Guest Service consistent with the Vail Brand;
• Considerate to existing and future business models;
• Considerate of the aesthetic expectations of our guests and residents;
• Considerate of pedestrian and vehicular safety; and
• A policy that is fair, consistent, understandable and easily enforceable.
August 21, 2018 - Page 155 of 1
To this end, staff has worked with Jeff Babb of Vail Resorts and Alison Wadey of the
Vail Chamber and Business Association to propose minor amendments to the Vail
Town Code that will further facilitate the elements of the policy. The purposes of the
amendments are to:
• Provide further clarification as to what is, and is not, considered
commercial ski storage; and
• Clarify ski storage that is part of a lodge or dwelling unit.
It is our belief that these changes, although minor, provide the needed clarifications
regarding what does and does not constitute commercial ski storage while allowing the
continuation of services consistent with guest expectations and the Vail Brand.
The Town Council expressed support for this approach and for staff to return to the
Planning and Environmental Commission for a recommendation on the proposed code
changes.
III. PROPOSED TEXT AMENDMENT LANGUAGE
Based upon the concerns expressed by the PEC and in further discussions and
coordination with the Vail Resorts and the Vail Chamber and Business Association, as
well as previous conversations and feedback from the Ski Storage Task Force, a
decision was made not to expand permitted locations for the commercial ski storage
and to not codify the relationship between ski racks and pedestrian or other easements.
It was determined that the utilization of existing regulations related to Outdoor Storage
and the examination of any conflicting easements was best done on an individual basis.
In an effort to provide the community, retailers and code enforcement with a better
understanding of what does and does not constitute commercial ski storage, staff, Vail
Resorts and the Vail Chamber and Business Association recommend the following
additional language be added to the definition section (Section 12-2-2) of the Vail Town
Code. New language proposed is shown in bold.
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to the
public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but does not require, the following components:
A. Personal lockers,
B. Boot dryers,
C. Ski storage racks,
D. Ski tuning,
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E. Food and beverage service,
F. Areas for congregation and/or socializing,
G. Restrooms and/or shower facilities,
H. Nonwinter activities,
I. Concierge ski services,
J. Retail sales,
K. Business center.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is
located within the lodge or dwelling unit, is not considered commercial ski
storage/ski club.
The following activities, when accessory to a retail operation, shall not be
considered ski storage:
A. The outdoor display of skis or skiing related equipment that is available
for sale, available for rent, rented or recently serviced. Outdoor display
is subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF
GOODS.
B. The storage, on levels other than the basement or garden level, of skis
or skiing related equipment that is available for sale, available for rent,
rented or recently serviced.
IV. BACKGROUND
The Town of Vail and its regulations of ski storage, ski valet and ski concierge services
have not kept pace with the evolving nature of the ski industry. As a result, the Town is
experiencing the following challenges with the current regulations on commercial ski
storage:
Regulations that may be ambiguous and vague.
Regulations that appear to be inconsistent with evolving customer expectations.
Regulations that may be difficult and/or impractical to enforce, resulting in a
perception of inconsistent enforcement.
On August 1, 2017, the Community Development Department presented a report to the
Town Council on Commercial Ski Storage to engage the Council in a discussion
regarding the Town's policy concerning commercial ski storage, ski valet and ski
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August 21, 2018 - Page 157 of 1
concierge services. At the end of the discussion, Town Council supported the creation
of a Task Force consisting of business owners and managers in Vail's ski and lodging
industry, and Town staff. The mission of the Task Force was to study this issue in
greater detail, and provide feedback to the Town Council on amendments that may be
needed to the Town's current regulations.
Fourteen members of the local ski and lodging industry signed up for the Task Force,
and several others contacted the Community Development Department after the August
1, 2017 meeting, expressing interest in participating. Following are members of the
Task Force that attended at least one of these meetings:
Chris Cremer Intrawest / Ski Haus
Jeff Evans Christy Sports
Jeff Babb Vail Resorts
Marco Valenti Vail Resorts Retail
Scott Gubrud Four Seasons
Brent Martin Four Seasons
Jacob Bangston Sebastian Base Camp
Jay Lucas Ski Base
Tom Neyens Ski Valet
Zack Meyers Arrabelle
Tom Higgins American Ski Exchange
Chris Howe Ski Butlers / Antlers
Alison Wadey Vail Chamber and Business Association
Jenn Bruno Vail Town Council
Kevin Foley Vail Town Council
Task Force meetings were held on August 18, August 23, and August 25, 2017. Based
on input from the Task Force at these meetings, and tours of the some of the
participating businesses, the Community Development Department and the Task Force
developed recommendations for the Town Council to consider.
On September 5, 2017, the Community Development Department and Task Force
presented their recommendations to the Town Council. The Town Council supported
the recommendations, and directed staff to begin to draft text amendments to
implement the changes.
On September 11, 2017, the Community Development Department presented the
Commercial Ski Storage Task Force's recommendations to the PEC. The PEC
requested more time to review specific code language, and requested that this topic
return for further discussion.
On September 25, 2017, the Community Development Department presented the
Commercial Ski Storage Task Force's recommendations to the PEC. The PEC
requested site visits to several of the ski shops, ski valet services and ski clubs
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August 21, 2018 - Page 158 of 1
impacted by these regulations. A tour of these properties is scheduled for October 9,
2017 as part of the PEC meeting.
On October 9, 2017 the Planning and Environmental Commission further reviewed the
proposed recommendations of the Task Force, expressing concerns with the proposed
changes and possible unintended consequences, particularly as related to expanding
allowable commercial ski storage to building levels other than the basement/garden
levels and the placement of ski racks within pedestrian or other established easements.
The staff memorandum and minutes from this meeting are included as Attachments A
and B.
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 of a recommendation to the Town Council.
Design Review Board:
The Design Review Board 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 des the Planning and Environmental
Commission a memorandum containing a description and background of the
application; an evaluation of the application in regard to 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 following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
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August 21, 2018 - Page 159 of 1
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
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.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Staff finds the proposed zoning code amendments further the general and specific
purposes of the zoning regulations by promoting the harmonious development of the
Town's villages while maintaining established community qualities and economic
values.
Staff finds that this criterion has been met.
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August 21, 2018 - Page 160 of 1
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
Staff finds that the proposed prescribed regulations amendments will better
implement or achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use
Plan's adopted Goals and Policies, staff identified the following applicable
statements:
1. General Growth /Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
2. Skier/Tourist Concerns
2.1. The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2. The ski area owner, the business community and the Town leaders should
work together closely to make existing facilities and the Town function more
efficiently.
2.3. The ski area owner, the business community and the Town leaders should
work together to improve facilities for day skiers.
4. Village Core / Lionshead
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains,
natural settings, intimate size, cosmopolitan feeling, environmental quality.)
Staff finds that this criterion has been 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 storage of skis and skiing related gear has evolved from the storage of
equipment to a personal service desired and often expected by our guests. As this
land use has evolved, the Vail Town Code has remained largely static. As a result of
this inaction, the town code is unable to provide the necessary regulatory framework
to effectively and fairly uphold the intent of the Lionshead and Vail Village Master
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August 21, 2018 - Page 161 of 1
Plans and the Town Zoning Code itself. The new definition takes into account the
substantial changes that have occurred concerning the use since the adoption of the
current regulation.
Staff finds that this criterion has been 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
Staff believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives. Specifically, clarification of what is, and is not, considered commercial ski
storage assists merchants and code enforcement personal with a clear regulatory
framework.
Staff finds that this criterion has been met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VIII. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
IX. STAFF RECOMMENDATION
The Community Development Department recommends 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 text
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-
2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the
definitions of Commercial Ski Storage, and setting forth details in regard thereto."
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August 21, 2018 - Page 162 of 1
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section VII of the July 23, 2018 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."
X. ATTACHMENTS
A. Staff Memorandum to the PEC, 10-09-2017
B. PEC Meeting Minutes, 10-09-2017
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August 21, 2018 - Page 163 of 1
PLANNING AND ENVIRONMENTAL COMMISSION
TOWN Of AJL July 23, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
1.1. Attendance
Present: Brian Gillette, Brian Stockmar, Karen Perez, Ludwig Kurz, Rollie
Kjesbo
Absent: John -Ryan Lockman, Pam Hopkins
2. Site Visits
2.1. 680 Lionshead Place - Antlers Condominiums
3. Main Agenda
3.1. A request for the review of a Major Exterior Alteration, pursuant to Section
12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for
the conversion of offices and a meeting room into one (1) dwelling unit,
expansion of the existing lobby and check-in area with an elevator serving all
levels, and the construction of second level offices above the existing lobby,
located at 680 Lionshead Place/Vail Lionshead Filing 3 (Antlers
Condominiums), and setting forth details in regard thereto. (PEC18-0029)
Applicant requests that this item be tabled to August 13, 2018.
ApplicantAntlers Condominiums, represented by GPSL Architects
Planner: Justin Lightfield
Ludwig Kurz moved to table to August 13, 2018. Brian Gillette seconded the
motion and it passed (5-0).
Absent: (2) Hopkins, Lockman
3.2. A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town
Code, to amend and clarify the definitions of Commercial Ski Storage, and
setting forth details in regard thereto. (PEC17-0042)
ApplicantTown of Vail
Planner: Jonathan Spence
Spence presented an update on the topic of commercial ski storage, and
some background on how the Town arrived at its current recommendation.
Purpose is to look at what is considered ski storage, and what is not. Staff
met with Jeff Babb (Vail Resorts) and Alison Wadey (Vail Chamber and
Business Association). He read the proposed language in the text
amendment. This approach has been slimmed down and simplified from the
previous approach. Staff updated the Town Council on this topic several
5 min.
20 min.
August 21, 2018 - Page 164 of 1
weeks ago.
Perez — Please tell me how you got to this simplified approach. There are
many issues in the PEC minutes from past meetings that were discussed by
the task force that are not addressed in this new approach. For example, the
hours of operation for ski storage.
Spence — Some of the issues that were not addressed have not been a
problem. For example, we have not had problems with the hours of
operation. Also, on easements, there is so much variety, and we will need to
review each easement separately.
Gillette — What are the problems that were identified?
Spence — Mostly some merchants had identified other merchants that were
seen as possibly not following the rules. This text amendment will clarify what
is defined as ski storage.
Kurz — Interested to hear from Jeff. Thanked Jeff Babb and Alison Wadey
for their views. I would like to hear the buy in from the general merchants.
Public Comment —
Jeff Babb, Vail Resorts — Commended the staff for the time they have put
into this issue. This is a problem that is not really a problem. There were
several businesses that identified other businesses not in conformance with
rules. We needed to go back to the original intent, which is to unencumber
our guests from their equipment as soon as possible. We want to make this
as convenient for the guest as possible, and make sure its on -brand with
Vail. There was no opposition that I am aware of from other merchants. We
think this is resolving the issues.
Perez — There is no definition with The Vail Brand. Is this the Town of Vail or
Vail Resorts? It's capitalized.
Spence — The Vail brand is a term we frequently used in general in our
discussions.
Stockmar — This term is used in general. Suggest removing the capital on
Vail Brand, to lower case "b".
Perez — Just want to be clear if this is related to Town of Vail or Vail Resorts.
Please change the capital B to lower case b.
Stockmar — This is a complex issue. Appreciate simplifying the issue. Agree
with the need to keep up the Vail brand. This seems like a reasonable
approach to the issue.
Kurz — Timing of this is way better than what we have done in the past. In
the past we addressed these issues in November. It's now July, and a much
better time in advance of the ski season.
Perez — Asked about skis that have been rented or recently serviced. Did
you consider that these skis should be stored in the basement?
Babb — We came to agreement that a ski in the shop rented to a guest that
is returned to the rental shop used to go back in the same spot; but when it's
August 21, 2018 - Page 165 of 1
rented, they can put the ski in another location more convenient to the
customer.
Perez — Was there discussion that this will increase the number of skis
displayed outside?
Spence — If we prohibit rented skis outdoors, they will be filled by other skis.
It's related more to the availability of space outdoors. If you have land
outside to have outdoor display, that is a reality of the cost of leasing the
space.
Stockmar — There is a need to create a sense of vibrancy. Skis can be
displayed on any level that does not interrupt the guest experience.
Public Comment — None
Kjesbo — Seems better, more clear cut, and better definitions
Gillette — Agreed
Perez — My questions have been addressed
Stockmar — This to me is an ad hoc situation with some but little teeth. It's
not hard to remember that this Town only exists because of the mountain,
both summer and winter. This is a solution to a problem that is minor.
Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it
passed (5-0).
Absent: (2) Hopkins, Lockman
3.3. A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-10-17, Leasing of Parking Spaces, Vail Town
Code, to amend Section 12-10-17, Leasing of Parking Spaces, in order to
facilitate the short term leasing of parking spaces, and setting forth details in
regard thereto. (PEC18-0028)
Applicant:Town of Vail
Planner: Chris Neubecker
Neubecker introduced the topic to the commission including a recap of the
existing parking regulations. He provided the commission with a map
showing where leasing of parking is currently permitted. Neubecker
introduced Shelly Jarnot, who is interested in providing a website/web
application to facilitate the leasing of unused parking spaces.
Neubecker discussed the issues regarding the leasing of parking spaces in
different parts of the community. He spoke to the questions raised in the
staff report.
Gillette asked, what would be the Town's response if someone complained
about parking on private property?
Stockmar relayed an experience where the Town recommended that he call
a tow truck to remove the vehicle in his space.
Neubecker mentioned that a recommendation is not requested at this time
75 min.
August 21, 2018 - Page 166 of 1
but rather a discussion of the issues. He mentioned that other sections of the
code may need to be amended as a result of this proposed change.
Gillette recommended that we remove the leasing language and regulations
altogether, and not regulate. Then see what problems might arise, if any.
Stockmar agrees and wonders if we are making too big of an issue out of
this. May need to further empower the Police Department.
Gillette- This is already occurring on Mill Creek.
Perez -Worried about liability issues from her experience as an HOA
representative, and unintended consequences.
Stockmar-I agree, but that is where empowering the Police Department
comes in.
Perez- Should not be the responsibility of the Police. They have better
things to do.
Neubecker brought up the challenges perhaps with additional vehicle booting
and towing, and the impact on the Vail brand.
Stockmar spoke to a number of issues that may arise from a program such
as this.
Perez spoke to the problems of vehicles in places where they shouldn't be or
people not know where they are going.
Gillette -Let it go and then see what problems may arise.
Neubecker spoke to the issues within the short term parking in the villages,
and vehicle access over pedestrian malls.
Commissioners spoke to support of this prohibition of accessing over
pedestrian malls.
Gillette- Asked for clarification with the Police Department about what
happens when someone is parked in your spot.
Stockmar spoke on demand reduction, as well as supply.
Perez asked about the Red Sandstone garage coming online and the plan
for that parking.
Neubecker provided an answer regarding current Ford Park parking lot
users, many of whom will relocate to Red Sandstone.
Kurz- This is a creative solution, but how much more traffic are we going to
create within town with this program? There will be unintended
consequences. In the past we have spoken about reducing the number of
cars and traffic.
Perez-Bustang?
Shelly Jarnot-Need to think about what we are trying to solve. We have a
parking shortage. Ideally someone will know where they are supposed to
August 21, 2018 - Page 167 of 1
park before they arrive. Spoke to market forces determining prices. Spoke
to the guest experience and the problems with frontage road parking.
Kjesbo spoke to the underutilized parking at Vail Mountain School and other
locations.
Neubecker asked for additional feedback from the commission as far as
direction or additional information needed.
Gillette -Eliminate current regulations, restrict in pedestrian areas, and see
how it goes.
Kjesbo-Agree with Gillette. Less regulation, the better.
Kurz- Not sure we should remove existing regulations. Not sure we should
open it wide.
Perez- Likes the current regulations which require a utilization study. Not
sure of the impacts without a study. Need to know more.
Stockmar- A lot we don't know, but the solution may not be in front of us.
Should address current regulations. Needs more study. Would love to get
cars out of the core.
Neubecker walked the Commissioners through the current regulations in the
Town Code. He spoke of the Parking Task Force and bringing this item
before them.
Jarnot- Spoke on the idea of building more parking vs. using existing
parking. Cautioned against over regulation.
Stockmar- Agrees, but there are other issues that may need to be
addressed.
Neubecker recommended tabling this item to August 27, 2018.
Stockmar discussed the task force.
Brian Gillette moved to table to August 27, 2018. Rollie Kjesbo seconded the
motion and it passed (5-0).
Absent: (2) Hopkins, Lockman
4. Approval of Minutes
4.1. July 9, 2018 PEC Results
Ludwig Kurz moved to approve. Karen Perez seconded the motion and it
passed (4-0).
Abstain:(1) Kjesbo
Absent: (2) Hopkins, Lockman
5. Adjournment
Karen Perez moved to adjourn. Brian Gillette seconded the motion and it
August 21, 2018 - Page 168 of 1
passed (5-0).
Absent: (2) Hopkins, Lockman
The applications and information about the proposals are available for public inspection during regular office hours at the Town of
Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the
site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission
will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour
prior to meeting time.
Community Development Department
August 21, 2018 - Page 169 of 1
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Citizen Participation will begin at 6:00 p.m.
TOWN Of UAIL
August 21, 2018 - Page 170 of 1
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC:
Adjournment at 6:15 p.m.
TOWOFUAIL
The Vail Town Council will join the community for Hot Summer Nights at the Gerald Ford
Amphitheater
August 21, 2018 - Page 171 of 1