HomeMy WebLinkAbout2021-01-25 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl) January 25, 2021, 1:00 PM
Virtual
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
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1.2. Attendance
Present: Rollie Kjesbo, Ludwig Kurz, Karen Perez, Henry Pratt, Pete
Seibert
Absent: Brian Gillette, John -Ryan Lockman
Main Agenda
2.1. A request for the review of a Variance from Section 14-3-1, Minimum 30 min.
Standards, Vail Town Code, to allow for a variance from the minimum
deflection entry angle for first 30 feet of driveway length, in accordance with
the provision of Section 12-17, Variances, Vail Town Code, located at 2930
Snowberry Drive/Lot 20, Block 9, Vail Intermountain Development
Subdivision, and setting forth details in regard thereto. (PEC20-0033)
Applicant: Treat Homes LLC, represented by Martin Manley Architects
Planner: Erik Gates
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail Design Review Board approval for all improvements in
this proposal.
Planner Gates gives a presentation on the application. This included the
history of the site where a previous variance was granted to allow additional
driveway coverage on a steep lot.
John Martin of Martin Manley Architects, representing the applicant, gives a
presentation on the project and how they came to the proposal for a 55
degree angle. The 75 degree entry, compared to a 55 degree angle, would
require the retaining walls to be pushed back an additional 15 feet, which
has a cascading effect on the development of the lot.
Kurz asks if granting this variance would affect landscaping in a negative
way.
Martin explains that there is a 60% landscape requirement on the lot and if a
variance was not granted the driveway would need to occupy more of lot
area and make meeting the landscaping requirement more difficult.
Gates explains that a lot line adjustment is also proposed in conjunction with
this application.
No more questions from commissioners.
No public input.
Rollie Kjesbo moved to approve with conditions. Henry Pratt seconded the
motion and it passed (5-0).
Absent: (2) Gillette, Lockman
2.2. A request for the review of a Minor Subdivision pursuant to Section 13-4, 30 min.
Minor Subdivisions, Vail Town Code, to adjust the previously approved
location of the lot line splitting Lot 20, Block 9, Vail Intermountain
Development Subdivision into two separate lots, located at 2930 Snowberry
Drive/Lot 20, Block 9, Vail I ntermountain Development Subdivision, and
setting forth details in regard thereto. (PEC20-0035)
Applicant: Treat Homes LLC, represented by Martin Manley Architects
Planner: Erik Gates
Planner Gates gives a presentation on the application, the history of this lot
with similar applications, and why the applicants are proposing the
adjustment to the lot line.
John Martin of Martin Manley Architects, representing the applicant, gives a
presentation on the project and how they came to the design for the lot lines.
It is based on making the landscaping numbers work for each lot. The
driveway takes up a larger portion of one lot compared to the other. This
configuration splits up the landscaping proportionally between the two lots.
No questions from commissioners.
No public input.
Rollie Kjesbo moved to approve. Pete Seibert seconded the motion and it
passed (5-0).
Absent: (2) Gillette, Lockman
2.3. A request for a recommendation to the Vail Town Council for a Prescribed 60 min.
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-
6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in
Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting
forth details in regard thereto. (PEC20-0027)
Applicant: Town of Vail, represented by George Ruther
Planner:
Rollie Kjesbo moved to table to a date uncertain. Karen Perez seconded the
motion and it passed (5-0).
Absent: (2) Gillette, Lockman
3. Approval of Minutes
3.1. January 11, 2021 PEC Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (5-0).
Absent: (2) Gillette, Lockman
4. Adjournment
Rollie Kjesbo moved to Motion. Karen Perez seconded the motion and it
passed (5-0).
Absent: (2) Gillette, 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
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC:
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TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: Attendance
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January25, 2021
ITEM/TOPIC:
A request for the review ofa Variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a variance from the
minimum deflection entry angle for first 30 feet of driveway length, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 2930 Snowbeny Drive/Lot 20, Block 9, Vail Intermountain Development Subdivision, and setting forth details in
regard thereto. (PEC20-0033)
ATTACHM ENTS:
File Name
Staff Memorandum.pdf
[Attachment Al Vicinity Map.pdf
[Attachment Bl Applicant Narrative.pdf
[Attachment Cl Project Plan Set.pdf
Description
Staff Memorandum
[Attachment A] Vicinity Map
[Attachment B] Applicant Narrative
[Attachment C] Project Plan Set
TOWN OF
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 25, 2021
SUBJECT: A request for the review of a Variance from Section 14-3-1, Minimum Standards,
Vail Town Code, to allow for a variance from the minimum deflection entry angle
for the first 30 feet of driveway length, in accordance with the provision of Section
12-17, Variances, Vail Town Code, located at 2930 Snowberry Drive/Lot 20,
Block 9, Vail Intermountain Development Subdivision, and setting forth details in
regard thereto. (PEC20-0033)
Applicant: Treat Homes LLC, represented by Martin Manley Architects
Planner: Erik Gates
SUMMARY
The applicant, Treat Homes LLC, represented by Martin Manley Architects, is
requesting the review of a variance from Section 14-3-1, Minimum Standards, Vail Town
Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town
Code, to allow for a variance from the minimum deflection entry angle for the first 30
feet of driveway length, located at 2930 Snowberry Drive/Lot 20, Block 9, Vail
Intermountain Development Subdivision. This variance is for a proposed driveway that
would provide access to two lots anticipated to both have duplex developments in the
future.
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 approval, with a condition, of this application, subject to the findings
noticed in Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is requesting a review of a variance from the minimum driveway
deflection entry angle found in Section 14-3-1, Minimum Standards, Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code to allow
for the construction of a driveway serving two future duplex lots. Due to this lot having
greater than 40% slopes all along the Snowberry Drive frontage, the driveway is
proposed to start at the east end of the property and wrap its way up to the flatter
portions located near the back of the lot. To achieve this, a series of retaining walls
measuring less than 6 feet in height are needed between the lower and upper portions
of the driveway. In addition, a driveway entry angle of 55 degrees is proposed in order
to make this driveway functional. Section 14-3-1, Minimum Standards, of the Vail Town
Code requires a minimum entry angle for the first 30 feet of driveway to be 70 degrees
for access to 4-11 dwelling units. For reference, the minimum allowed entry angle for
driveways providing access to 3 or less dwelling units is 45 degrees. The alternatives to
this variance would be a variance for retaining wall height, which would be more
impactful visually and to the hillside, or a variance for the rear setback which would
push future development up against National Forest land. A drawing showing a
compliant driveway entry angle, the practical difficulties this creates, and notes
from the applicant is shown on the next page. This sheet is also available in the
project plan set.
A vicinity map (Attachment A), applicant's narrative (Attachment B), and project plan set
(Attachment C) are attached for review.
Town of Vail Page 2
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Town of Vail Page 3
III. BACKGROUND
The subject property was created within Eagle County in 1972 and annexed into the
Town of Vail in 1987 via court order. While a proposal was submitted to the Town in
1994 for a single-family home, the proposal was withdrawn before any construction
activity occurred on the site.
On August 26th, 2019, the Planning and Environmental Commission approved a
variance and a minor subdivision for this lot. The variance was from Section 12-21-12
Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, and allowed this
property's driveway site coverage to exceed the 10% allowed for developments
proposed on lots with excessive slopes. The minor subdivision split 2930 Snowberry
Drive into two distinct developments lots in anticipation of a duplex being built on each
development lot.
In addition to this variance application, a minor subdivision application under PEC20-
0035 proposes to adjust the previously approved lot lines in order to allow both lots to
maintain compliance with landscaping standards in the Two -Family Primary/Secondary
(PS) Zone District.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 1, Title, Purpose and Applicability (in part)
12-1-2: PURPOSE.-
A.
URPOSE:
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.
urposes:
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
Town of Vail Page 4
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. (Ord. 8(1973) § 1.100)
Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites
for single-family residential uses or two-family residential uses in which one unit
is a larger primary residence and the second unit is a smaller caretaker
apartment, together with such public facilities as may appropriately be located in
the same zone district. The two-family primary/secondary residential district is
intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family and two-family occupancy, and to maintain the
desirable residential qualities of such sites by establishing appropriate site
development standards. (Ord. 29(2005) § 23: Ord. 30(1977) § 2)
Chapter 12-10, Off Street Parking and Loading (in part)
12-10-1: PURPOSE:
In order to alleviate progressively or to prevent traffic congestion and shortage of
on street parking areas, off street parking and loading facilities shall be provided
Town of Vail Page 5
incidental to new structures, enlargements of existing structures or a conversion
to a new use which requires additional parking under this chapter. The number of
parking spaces and loading berths prescribed in this chapter shall be in
proportion to the need for such facilities created by the particular type of use. Off
street parking and loading areas are to be designed, maintained and operated in
a manner that will ensure their usefulness, protect the public safety, and, where
appropriate, insulate surrounding land uses from their impact. In certain districts,
all or a portion of the parking spaces prescribed by this chapter are required to
be within the main building in order to avoid or to minimize the adverse visual
impact of large concentrations or exposed parking and of separate garage or
carport structures.
Chapter 12-17, Variances (in part)
12-17-1: PURPOSE.-
A.
URPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict or literal interpretation and
enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate
vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage, usable
open space, landscaping and site development, and parking and loading
requirements, or with respect to the provisions of chapter 11 of this title,
governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend
to the use regulations prescribed for each zone district because the flexibility
necessary to avoid results inconsistent with the objectives of this title is
provided by chapter 16, "Conditional Use Permits", and by section 12-3-7,
"Amendment, of this title.
12-17-6: CRITERIA AND FINDINGS.-
A.
INDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with
respect to the requested variance.-
Town
ariance:Town of Vail Page 6
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
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.
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.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance.-
1.
ariance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives
of this title.
b. There are exceptional or extraordinary circumstances or
conditions applicable to the site of the variance that do not
generally apply to other properties in the same zone district.
c. The strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone
district.
Chapter 14-3, Residential and Commercial Access, Driveway and Parking Standards (in
part)
Town of Vail Page 7
14-3-1: Minimum Standards.-
This
tandards:
This section (tables 1 and 2) specifies the access, driveway and parking
standards for residential and commercial development. These standards are
subject to all conditions and exceptions described herein. These standards shall
be considered the minimum standards. When two (2) or more standards conflict,
the more restrictive standard shall apply.
TABLE 11
DRIVEWAY/FEEDER ROAD STANDARDS
Standard
Single -Family, Two-
Multiple -Family
Family,
Primary/Secondary
-Access to 4 to 11
- Access to not more
dwelling units
than 3 dwelling units
- Feeder road only
(including EHUs)
- Structures and all
portions thereof within
150' from edge of street
pavement
Driveway/Feeder Road
Minimum width normal
12'
20'
(detail 1)
- Access from feeder
road to units shall
comply with single-
family requirements
contained herein
Minimum width 90 degree
15'
24'
corner (crossover) (detail
2
Minimum width
16'
24'
entrance%urb cut (detail
(Flare to 16)
(flare to 24' with 10'
1)
curb return radius
Maximum width
24' head in
36'
entrance%urb cut detail 3
48' back out
Minimum grade centerline
0.5%
0.5%
detail 4
Maximum grade centerline
10% unheated
9% unheated
(detail 4)
12% heated
12% heated
Maximum grade centerline
8% unheated
8% unheated
corner/crossover (detail 2)
12% heated
12% heated
Maximum cross slope
8%
8
rade (detail 1)
Entry angle minimum
450
700
deflection for first 30' of
driveway length (detail 5)
Town of Vail Page 8
V.
Maximum centerline
14%
6%
breakover grade (detail 6)
Residential
Two -Family Primary/Secondary (PS)
Maximum grade at edge
8%
6%
of public road asphalt
Residential
Two -Family Primary/Secondary (PS)
detail 4
Residential
Two -Family Primary/Secondary (PS)
Maximum length of
10'
15'
maximum grade at edge
of public road asphalt
detail 4
Minimum centerline
20'
30'
turning radius detail?
ZONING AND SITE ANALYSIS
Address: 2930 Snowberry Drive
Legal Description: Vail Intermountain Development Subdivision, Lot 20, Block 9
Zoning: Two -Family Primary/Secondary Residential (PS)
Land Use Designation: Low Density Residential
Current Land Use: None
Geological Hazards: Excessive Slopes (>40%)
VI. SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The proposed driveway entry should have no significant impact to surrounding
structures. The proposed driveway and driveway entry are located entirely upon the
applicant's property and the driveway and retaining walls for the driveway present no
visual obstruction for neighboring properties or Snowberry Drive.
Staff finds the proposed variance meets this criterion.
Town of Vail Page 9
Existing Use:
Zoning District:
North:
Residential
Two -Family Primary/Secondary (PS)
South:
USFS
None (County)
East:
Residential
Two -Family Primary/Secondary (PS)
West:
Residential
Two -Family Primary/Secondary (PS)
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The proposed driveway entry should have no significant impact to surrounding
structures. The proposed driveway and driveway entry are located entirely upon the
applicant's property and the driveway and retaining walls for the driveway present no
visual obstruction for neighboring properties or Snowberry Drive.
Staff finds the proposed variance meets this criterion.
Town of Vail Page 9
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.
This variance aims to create a functional driveway for this steep lot in the least
impactful way. Without the proposed variance for the driveway entry deflection
angle, a more visually and environmentally aggressive variance, such as a retaining
wall height variance, would be needed. The applicant has also worked with the
Public Works Department to come up with the proposed 55 degree entry angle.
The driveway for this property is required by the code to be 70 degrees because it
will grant access to four dwelling units (two duplexes). Four units is the threshold for
this requirement to go from 45 degrees to 70 degrees. The reason for this threshold
is to accommodate a greater traffic flow on these driveways as a tighter entry angle
slows traffic down. Staff finds that an entry angle of 55 degrees is the smallest
deviation from the prescribed regulations needed, and it is a suitable compromise
between these two requirements considering the development exceeds the less
restrictive requirement by a single unit.
In addition, there have been a number of variances along Snowberry Drive and
nearby Basingdale Boulevard related to the steep slopes present throughout this
neighborhood. This includes another entry deflection angle variance further east
along Snowberry Drive approved in 2007. This variance was granted due to a
physical hardship of steep slopes that forced the development close to Snowberry
Drive and resulted in the driveway needing an entry angle of 36 degrees rather than
its required 45 degrees.
Therefore, staff finds the proposed variance meets this criterion.
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.
The proposed driveway and variance are not anticipated to have any significant
impact on light and air, population distribution, transportation, utilities, or safety. The
entry deflection angle variance poses no additional environmental impact beyond the
driveway construction itself. The Public Works Department has reviewed and
approved this request, finding that he entry angle change will have not impact on the
existing road infrastructure on Snowberry Drive and will provide a safe, effective
point of entry for the proposed future development.
Staff finds the proposed variance meets this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Town of Vail Page 10
VIII. STAFF RECOMMENDATION
Based upon the 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 approve, with a condition,
a variance to Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a
variance from the minimum deflection entry angle for the first 30 feet of driveway length,
in accordance with the provision of Section 12-17, Variances, Vail Town Code, located
at 2930 Snowberry Drive/Lot 20, Block 9, Vail Intermountain Development Subdivision,
and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve, with a
condition, this variance request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves the applicant's request for
a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for a
variance from the minimum deflection entry angle for first 30 feet of driveway length,
in accordance with the provision of Section 12-17, Variances, Vail Town Code,
located at 2930 Snowberry Drive/Lot 20, Block 9, Vail Intermountain Development
Subdivision, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this variance,
the Community Development Department recommends the Commission applies the
following condition:
"Approval of this variance is contingent upon the applicant obtaining Town of
Vail Design Review Board approval for all improvements in this proposal."
Should the Planning and Environmental Commission choose to approve, with a
condition this variance, the Community Development Department recommends the
Commission make 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 January 25,
2021, and the evidence and testimony presented, the Planning and Environmental
Commission finds.-
1.
inds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary/Secondary Residential (PS) District;
2. The granting of this variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity; and
Town of Vail Page 11
3. This variance is warranted for the following reasons.-
a.
easons:
a. The strict literal interpretation or enforcement of the specified regulation
will result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code,-
b.
ode,
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to
other properties in the Two -Family Primary/Secondary Residential (PS)
District.; and
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the Two -Family Primary/Secondary Residential (PS)
District. "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Narrative
C. Project Plan Set
Town of Vail Page 12
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M A R T I N M A N L E Y
ARCHITECTS
To: Town of Vail — Planning and Environmental Commission
Care of Town Planner: Erik Gates
egatesa-vailgov.com
970-479-2440
From: John G. Martin, Architect, LLC
Agent of Martin Manley Architects
Email: john@martinmanleyarchitects.com
Phone: 970-328-0592
Date: December 14„ 2020
Re: 2930 Snowberry Drive — Undeveloped Lot in Vail, Colorado
Subj: Town of Vail PEC - Variance Request
Address: 2930 Snowberry Drive (Vail Intermountain Dev Sub Block 9, Lot 20)
Zone District: (PS) Two -Family Primary/Secondary Residential District
Lot Area = 43,207 sq. ft. 9919 acres x 43,560 sq. ft.
Buildable Area = 32.617 sq. ft. (due to slopes in excess of 40%)
A. Owner: Owner Representative:
Sandy Treat John G. Martin, Architect
Treat Homes LLC Martin Manley Architects
PO Box 1829 PO Box 4701
Edwards, CO 81632 Eagle, CO 81631
Email: thhomesllc1(agmail.com Email: john(a)martinmanleyarchitects.com
Phone: (970) 376-8787 Phone: 970-328-0592
B. Project Description:
The steep undeveloped lot is being developed into (2) separate lots, each capable of containing a
Primary/Secondary Duplex house. The (2) lots will share a long driveway so that they can be
developed on the higher portion of the lot. The PEC previously granted a variance to the restrictions
of driveway area and lot disturbance area within Chapter 21: Hazard Regulations, 12-21-12:
Restrictions in Specific Zones on Excessive Slopes which would have limited the driveway/parking to
not more than 10% of the total site area and also would have limited the area of disturbance.
The project is currently under design development and the driveway has been designed by the
Architect and by the Civil Engineer (design team) to meet the Town of Vail engineering standards for
access to 4 or more units. One engineering standard, however, is too restrictive for this particular
access design. The standard of "Entry angle minimum deflection for first 30' of driveway length — 70
degrees" puts the driveway deep into the property and creates a hardship of excavation and
retaining.
The design team has found a compromise to the "entry angle" standard. The entry angle of 55
degrees has been found to be acceptable by the Town of Vail Planning Dept., Public Works Dept.,
and the Fire Dept. All other engineering standards have been met.
C. Description of the variance requested:
The property owner is respectfully requesting a variance from one restriction in the Town Code; Title
14, Chapter 3: Minimum Standards 14-3-1, Table 1 - Driveway Standards, Multiple -Family Access to
4 to 11 dwelling units, Entry Angle minimum deflection 70 degrees, for first 30' of driveway length
(detail 5).
P.O.970.329.5151
Physical Hardship:
This particular lot has obvious physical hardships:
• There are grades in excess of 40% slope for the entire 290 feet of street frontage due to the cut and
fill created during the construction of Snowberry Drive. This creates an access hardship.
• 25% of the lot has slopes exceeding 40%.
• 69% of the lot has slopes exceeding 30%.
• The most buildable areas of the site are up high, off the road, and must be accessed from a driveway
of significant length.
• To simply access the only portion of lot with grades less than 30% will require a driveway which starts
at the high -point of Snowberry Drive on the East side of the lot and climbs back to the west. This
necessarily creates an excavation cut of nearly 24 feet which must be made in walls not more than 6
feet in height with benches between them.
Argument for considering the variance:
• A compromise needed to be found for the entry angle standard so that the excavation cut would be
limited to 24 feet tall (4 benched walls of 6 ft height each). The angle of 55 degrees was found to hit
the "sweet spot' of limiting the excavation cut to 24 feet high and being acceptable to the Town
Engineer and Fire Department for access.
• An angle of 45 degrees is acceptable when the driveway accesses (3) units. Our compromise angle
sits between the 45 degree angle for (3) units and 70 degree angle for (4) units.
• Snowberry Drive is a steep road with extreme cut and fill along it's length. Other access driveways
along this stretch of drive do not meet various engineering standards as well due to the same
physical hardships.
PEC Considerations:
• A Description of the relationship of the requested variance to other existing or potential uses
and structures in the vicinity:
The variance to driveway access angle helps to ease the severity to excavation and retaining wall
height at the logical driveway access location. This should be seen as a benefit to the other
residential users of this street.
• 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.
The variance does not grant special privilege. Many other driveways along this drive have also
needed compromise from the strict engineering standards simply because of extreme grades.
• The effect of the variance on light air, distribution of population, transportation, traffic
facilities, utilities and public safety.
The variance does NOT have an effect on light, air, distribution of population, traffic facilities, or
utilities. The affect to transportation and public safety has been deemed appropriate by the Town
Engineer and by the Fire Department.
970.328.5151
r1le,
tinmanleyarchitects.com
7 Eagle, Colorado 81631
• How the request complies with the adopted Town of Vail planning policies and development
objectives.
The variance would comply with planning policies and development objectives. The PEC has already
found that the development objectives of this site and lot split are compatible with West Vail planning
policies and development objectives.
D. Site Plans: See the attached exhibits. Note, the exhibits display a lot -split which divides the large
parcel into two smaller parcels that still meet the minimum requirements for the PS Zoning District.
Therefore a Primary/Secondary Duplex could potentially be built on both lots making the total density
4 dwelling units. The driveway till access all four units and an access easement agreement will be
put in place at a later date.
EXHIBIT A: Civil Engineer Grading Plan and Drive Profiles.
EXHIBIT B: Architect's Site Plan with Area Summaries.
E. Additional Materials:
* Topographic Survey
* Title Report
F. List of Adjacent Property Owners:
2860 Basingdale Blvd A (Vail Intermountain Dev Sub Block 9, Lot A)
Parcel Number 2103-143-01-088
Donald & Ellen Gury
1765 Alpine Drive Unit B
Vail, CO 81657-4392
2864 Snowberry Drive (Vail Intermountain Dev Sub Block 9, Lot 19A)
Parcel Number 2103-143-01-050
Robert McClain
PO Box 1372
Vail, CO 81658-1372
2940 Basingdale Blvd (Eagle County Sub Dome Main Condo)
Parcel Number 2103-143-02-004
Katalin Companies Inc.
PO Box 7025
Colorado Springs, CO 80933-7025
United States of America
C/O US Forest Service
PO Box 948
Glenwood Springs, CO 81602-0948
!PO
970.338.5151
n}o�martinmanleyarchitects.com
Box 1587
Eagle, Colorado 81631
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"The New Image of Stone"
Colored "Ledgestone" Face
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax: 970.351.028o
"The New Image of Stone"
Colored "Ledgestone" Face
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax:970-351-028o
"The New Image of Stone"
Colored "Ledgestone" Face
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax:970-351-028o
"The New Image of Stone"
Colored "Ledgestone"Face
t
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax:970-351-028o
"The New Image of Stone"
Colored "Cobblestone" Face
t
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax:970-351-028o
"The New Image of Stone"
Colored "Cobblestone" Face
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax:970-351-028o
z�.
REDFRRCK
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REDFROCK
"The New Image of Stone"
"Limestone" Face without Color
211 30th Street I Greeley, CO 8o631 I Office: 970.351.0270 1 Fax: 970.351.028o
DOMESTIC WATER MAIN SERVICE SIZING
Project: 2930 Snowberry (4 units, 2 duplexes)
Building: Unit (largest) 3812 sgft
User: 5 bedroom House A
Rev. Date:
Print Date: 1/6/214 10 PM
= User inputs
= Calculated values
= Estimated FU or DFU, due to IPC only dictating Drainage or Supply FU's for
the given fixture type, not both.
All fixture unit values and fixture types taken directly from 2015 IPC, chapter 6 and
appendix E. Waste data taken from 2015 IPC, chapter 7.
Any fixtures not used in a specific project may be deleted.
Fixture Type
QT,
(gpm)
Total
Total Domestic Water: 23
cold
Peak flow cold water: 20
Hot
Drainage
FU/ea FU total FU/ea FU total FU/ea FU total DFU/ea DFU total
Bar Sink, Private
1
0.0
0.75
0.00
0.75
0.0
2
0.0
Bathroom Group, Private, Flush Tank
5
3.6
18.0
2.7
13.50
1.5
7.5
5
25.0
Bathroom Group, Private, Flush Valve
8
0.0
6
0.00
3
0.0
5
0.0
Bathtub, Private (w or w/o shower orjet attachments)
1.4
0.0
1
0.00
1
0.0
2
0.0
Bathtub, Public (w or w/o shower orjet attachments)
4
0.0
3
0.00
3
0.0
4
0.0
Bidet, Private
2
0.0
1.5
0.00
1.5
0.0
1
0.0
Clothes Washer (15 Ib), Public, Automatic
4
0.0
3
0.00
3
0.0
3
0.0
Clothes Washer (8 Ib), Private, Automatic
1
1.4
1.4
1
1.00
1
1.0
2
2.0
Clothes Washer (8 Ib), Public, Automatic
3
0.0
2.25
0.00
2.25
0.0
3
0.0
Combination Sink & Tray
3
0.0
2.25
0.00
2.25
0.0
2
0.0
Dental Lavatory
1
0.0
0.75
0.00
0.75
0.0
1
0.0
Dental Unit or Cuspidor
1
0.0
0.75
0.00
0.75
0.0
1
0.0
Dishwashing Machine, Private, Automatic
1
1.4
1.4
-
-
1.4
1.4
2
2.0
Drinking Fountain, Offices, etc.
0.25
0.0
0.25
0.00
-
-
0.5
0.0
Emergency Floor Drain
1
-
-
-
-
-
-
0
0.0
Floor Drains (RE: 2015 IPC 709.4 for DFU Req'ts)
-
-
-
-
-
-
0
0.0
Floor Sinks (RE: 2015 IPC 709.4 for DFU Req'ts)
-
-
-
-
-
-
0
0.0
Kitchen Sink, Hotel/Restaurant, Faucet
4
0.0
3
0.00
3
0.0
4
0.0
Kitchen Sink, Private, Faucet (w or w/o Disposal and/or DW)
1
1.4
1.4
1
1.00
1
1.0
2
2.0
Laundry Tray (1 to 3 Compartments), Private, Faucet
1.4
0.0
1
0.00
1
0.0
2
0.0
Lavatory, Private, Faucet
0.7
0.0
0.5
0.00
0.5
0.0
1
0.0
Lavatory, Public, Faucet
2
0.0
1.5
0.00
1.5
0.0
1
0.0
Service Sink, Offices, etc., Faucet
3
0.0
2.25
0.00
2.25
0.0
2
0.0
Shower Head, Private, Mixing Valve
1.4
0.0
1
0.00
1
0.0
2
0.0
Shower Head, Public, Mixing Valve
4
0.0
3
0.00
3
0.0
2
0.0
Shower, 12.3 < Total Combined Flow Rate < 25.8 GPM
8
0.0
5
0.00
5
0.0
5
0.0
Shower, 25.8 <Total Combined Flow Rate <55.6 GPM
10
0.0
6
0.00
6
0.0
6
0.0
Shower, 5.7 <Total Combined Flow Rate < 12.3 GPM
6
0.0
4
0.00
4
0.0
3
0.0
Urinal, Nonwater Supplied
-
-
-
-
-
-
0.5
0.0
Urinal, Public, 1" Flush Valve
10
0.0
10
0.00
-
-
4
0.0
Urinal, Public, 3/4" Flush Valve, 1 GPF or Less
5
0.0
5
0.00
-
-
2
0.0
Urinal, Public, Flush Tank
3
0.0
3
0.00
-
-
2
0.0
Wash Sink (Circular or Multiple), Each Set of Faucets
1
2
2.0
1.5
1.50
1.5
1.5
2
2.0
Water Closet, Private, Flush Tank
1
2.2
2.2
2.2
2.20
-
-
3
3.0
Water Closet, Private, Flushometer Valve
6
0.0
6
0.00
-
-
4
0.0
Water Closet, Public (1.6 GPF), Flush Tank
5
0.0
5
0.00
-
-
4
0.0
Water Closet, Public (1.6 GPF), Flush Valve
10
0.0
10
0.00
-
-
4
0.0
Water Closet, Public (Flushing>1.6 GPF), Flush Tank
5
0.0
5
0.00
-
-
6
0.0
Water Closet, Public (Flushing>1.6 GPF), Flush Valve
10
0.0
10
0.00
-
-
6
0.0
Water Closet, Public or Private, Flushometer Ta nk
2
0.0
2
0.00
-
-
4
0.0
Water Closet, Public, Flush Tank
5
0.0
5
0.00
-
-
4
0.0
Water Closet, Public, Flushometer Valve
10
0.0
10
0.00
-
-
6
0.0
BUILDING TOTALS: 26.4 19.2 12.4 36.0
Enter primary fixture flush type (type "Tank" or "Valve"): Tank
Flow
Pipe Size
(gpm)
(i n)
Total Domestic Water: 23
1.25
Peak flow cold water: 20
1.25
Peak flow hot water: 17
1.25
Building Waste Main: 1 3
2015 IPC Section 202: Bathroom Group: A group of fixtures
consisting of a water closet, lavatory, bathtub or shower, including
or excluding a bidet, an emergency floor drain or both. Such fixtures
are located together on the same floor level.
Additional domestic water uses (irrigation, pools, etc.) may
affect main sizing and has not been accounted for in these calcs.
John Martin Architect
From: Dave Hilb <davehilb@gmail.com>
Sent: Wednesday, July 10, 2019 3:35 PM
To: Johnmartin
Subject: Fwd: Commitment (2930 SNOWBERRY DRIVE)(Our 50053798)
Sent from my iPad
Begin forwarded message:
From: Eagle County Title Team <eaglecountyrequestsglt cg com>
Date: July 10, 2019 at 3:34:35 PM MDT
Subject: Commitment (2930 SNOWBERRY DRIVE)(Our 50053798)
LmdIm:
cunRnWce WmPAW
Shur rg67
Your Documents from Land Title
• Tax Certificate
• Commitment
• All documents as one PDF
Land Title Guarantee Company
Customer Distribution
Lid TitLarAPREVENT FRAUD - Please remember to call a member of our closing team
17A)ARANTEF. CDMPANY
—Sime 10,--.
Order Number: V50053798
Property Address: 2930 SNOWBERRY DRIVE, VAIL, CO 81657
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closers Assistant
Charis Patterson Ashley Garton
0090 BENCHMARK RD #205 0090 BENCHMARK RD #205
AVON, CO 81620 AVON, CO 81620
i
(970) 748-4784 (Work) (970) 748-4789 (Work)
(877) 408-7373 (Work Fax) (877) 408-7373 (Work Fax)
cpattersonOltgc.com agartonOltgc.com
Contact License: CO419383 Company License: CO44565
Comoanv License: CO44565
Buyer/Borrower
TREAT HOMES LLC
Attention: KATHERINE FLORA TREAT
Delivered via: Electronic Mail
Seller/Owner
2930 SNOWBERRY DRIVE LLC
Attention: DAVID HILB AND ANNE HILB
Delivered via: Electronic Mail
PqT&
^ROMr. CDMMWr
-.Simrr Y0,7
Order Number:
Property Address:
Parties:
V50053798
Agent for Buyer
BERKSHIRE HATH
Attention: HOPE NIi
27 MAIN STREET A
EDWARDS, CO 81E
(970) 926-8440 (Wc
(970) 926-6503 (Wc
hooenickeson anbhh
Delivered via: Electr
Agent for Seller
RANCH CREEK LA
Attention: ANNE Mi
PO BOX 2054
VAIL, CO 81658
(970) 390-0830 (Ce
(970) 476-7051 (Wc
(970) 476-0331 (Wc
ranchcreek(a)comce
Delivered via: Electr
Land Title Guarantee Compam
Estimate of Title Fees
2930 SNOWBERRY DRIVE, VAIL, CO 81657
Date: 07/10/2019
TREAT HOMES LLC, A COLORADO LIMITED LIABILITY COMPANY
2930 SNOWBERRY DRIVE LLC, A COLORADO LIMITED LIABILITY COMPANY
Visit Land Title's Website at www.Itac.com for directions to any
Estimate of Title insurance Fees
"ALTA" Owner's Policy 06-17-06 Reissue Rate
Deletion of Standard Exception(s)
Tax Certificate (Tax Certificate Ordered)
If Land Title Guarantee Company will be closing this transaction, the fees listed abov(
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as cov
and use of the property. You may wish to engage legal assistance in order to fully understand and be aware o -
Chain of Title Documents:
• Eagle county recorded 09/26/2007 under reception no. 200725727
• Eagle county recorded 01/15/1998 under reception no. 644695
ALTA COMMITMENT
Old Republic National Title Insurance Co
Schedule A
Property Address:
2930 SNOWBERRY DRIVE, VAIL, CO 81657
1. Effective Date:
06/04/2019 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 Reissue Rate
Proposed Insured:
TREAT HOMES LLC, A COLORADO LIMITED LIABILITY COMPANY
3. The estate or interest in the land described or referred to in this Commitment and covered herein
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
2930 SNOWBERRY DRIVE LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT 20, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, ACCORDING TO THE PLA'
335, COUNTY OF EAGLE, STATE OF COLORADO.
Copyright 2006-2019 American 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 us
American Land Title Association.
AM E RI CAN
LABII? TITLE
ASSOCIATION
ALTA COMMITMENT
Old Republic National Title Insurance Comp
Schedule B, Part I
(Requirements)
Order Number: V50053798
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred
or who will make a loan on the Land. The Company may then make additional Requirements or E
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insure
and recorded in the Public Records.
1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CE
IS NECESSARY TO DELETE STANDARD EXCEPTIONS 1 THROUGH 3. UPON REVIEW, ADDITION,
NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFIC/
HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT L
2. EVIDENCE SATISFACTORY TO THE COMPANY THAT FEES ASSESSED UNDER JOINT RESOLUT
1991 IN BOOK 552 AT PAGE 977 HAVE BEEN PAID.
3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIOI
SATISFIED.
4. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORIT
LIMITED LIABILITY COMPANY RECORDED JANUARY 13, 2017 AT RECEPTION NO. 201700638 IS
HILB AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERIN
ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEME
5. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORIT
LIABILITY COMPANY RECORDED OCTOBER 22, 2018 AT RECEPTION NO. 201818051 IS CURREN
TREAT AS VICE PRESIDENT OF TREAT DEVELOPMENT, INC, A COLORADO CORPORATION AS
CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEH)
ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED.
6. WARRANTY DEED FROM 2930 SNOWBERRY DRIVE LLC, A COLORADO LIMITED LIABILITY COMI
LIABILITY COMPANY CONVEYING SUBJECT PROPERTY.
REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE
SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSU
THE LAND, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE M
AGREEMENT AND IMPROVEMENT LOCATION CERTIFICATE WILL BE ADDED AS EXCEPTIONS. I
CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONP
EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YE
PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YE)
ALTA COMMITMENT
Old Republic National Title Insurance Co
Schedule B, Part II
(Exceptions)
Order Number: V50053798
This commitment does not republish any covenants, condition, restriction, or limitation contain
extent that the specific covenant, conditions, restriction, or limitation violates state or federal la
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 b
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 Til
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, impc
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing h
date hereof but prior to the date of the proposed insured acquires of record for value the estate
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing auth
the Public Records; (b) proceedings by a public agency that may result in taxes or assessment:
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 ti
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITE
RECORDED APRIL 18, 1934, IN BOOK 123 AT PAGE 3.
9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE
COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JULY
INSTRUMENT RECORDED APRIL 28, 1971, IN BOOK 220 AT PAGE 378.
10. PUBLIC SERVICE NATURAL GAS PIPELINE EASEMENT AFFECTING A PORTION OF SUBJECT P
INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 2 RECORDED OCTOBER 1, 1970 UNDE
11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED OCTOBER 19, 1987
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TF
SUBDIVISION, BLOCK 9 RECORDED SEPTEMBER 7, 1972 IN BOOK 225 AT PAGE 335.
13. TERMS, CONDITIONS AND PROVISIONS OF JOINT RESOLUTION AND NOTICE OF ENCUMBRAP
NOTE: SAID EXCEPTION WILL BE DELETED UPON COMPLIANCE WITH THE REQUIREMENTS S
LAND TITLE GUARANTEE COMP,
DISCLOSURE STATEMENTS
Land Title
C.SiA1LWrF C C)aMRW'r
M& 190—
Note:id=
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
The Subject real property may be located in a special taxing district.
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the count)
authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Pol
property).
The information regarding special districts and the boundaries of such districts may be obtained from the Boar
County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may re
that, the requirement for the top margin shall not apply to documents using forms on which space is provided f
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible fol
whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resu
Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the
appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception
Owner's Policy to be issued) upon compliance with the following conditions:
The land described in Schedule A of this commitment must be a single family residence which includes a cont
No labor or materials have been furnished by mechanics or material -men for purposes of construction on the I
months.
The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's an
The Company must receive payment of the appropriate premium.
If there has been construction, improvements or major repairs undertaken on the property to be purchased wit
to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial infc
of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additic
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted t
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from t
party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the property without the surface owner's perm
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading fact
defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurar
insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyhol
defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds sh
Department of Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability c
seller in connection with this transaction.
JOINT NOTICE OF PRIVACY POLIC
LAND TITLE GUARANTEE COMP/
LAND TITLE GUARANTEE COMPANY OF SU
j.dnd Title Y LAND TITLE INSURANCE CORPORAT
`�j*fe10,7` �.,P,Nr
�.�OLD REPUBLIC NATIONAL TITLE INSURAN
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Ins
Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federa
priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintail
unauthorized access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
• applications or other forms we receive from you, including communications sent through TMX, our web
• your transactions with, or from the services being performed by us, our affiliates, or others;
• a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
• The public records maintained by governmental entities that we obtain either directly from those entitle;
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follc
• We restrict access to all Personal Information about you to those employees who need to know that inf
• We may share your Personal Information with affiliated contractors or service providers who provide se
necessary for these providers to perform their services and to provide these services to you as may be
• We maintain physical, electronic and procedural safeguards that comply with federal standards to prot(
intrusion.
• Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
• We regularly assess security standards and procedures to protect against unauthorized access to Per:
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPO
Consistent with applicable privacy laws, there are some situations in which Personal Information may be discic
or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or wh,
disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example,
agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our P
accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by
thereof.
Commitment For Title In:
Issued by Old Republic National Title II
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE P1
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, OPII
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE I
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 I
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON..
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Titl(
Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for ea
the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have
the Company's liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
1. "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
2. "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include an
estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a ri
3. "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
4. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company 1
5. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitmeni
6. "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant
7. "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of mattes
8. "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitmr
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
1. the Notice;
2. the Commitment to Issue Policy;
3. the Commitment Conditions;
4. Schedule A;
5. Schedule B, Part I -Requirements; and
6. Schedule B, Part II -Exceptions; and
7. a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adver
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment
5. LIMITATIONS OF LIABILITY
1. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between tt
amended Commitment, resulting from the Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I -Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
2. The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of t
3. The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Co
Proposed Insured.
4. The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitr
5. The Company shall not be liable for the content of the Transaction Identification Data, if any.
6. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirem
7. In any event, the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
1. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
2. Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
3. Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subj
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
4. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyon
5. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
6. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent
E:?l�:loll 701NkhU1011Iwo
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide.
delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at
parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the c
authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid u
Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signa
agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other u:
license from the American Land Title Association.
Eagle countyrequests
Land Title Guarantee Company
0090 BENCHMARK RD #205
AVON, CO 81620
eagleeountvreauests(<ge.eom
www.lt e.c�om
Land Itle
GUARANTEE OOMPANY
PREVENT FRAUD — Please rmember to call a member of our closing team
..vlaen initialing a wire transfer or providjr�g wiring instructions,
These images are provided for informational purposes only. They are not guaranteed as to availability or quality.
Content in this email is Copyright LT Systems, L.L.C. All rights reserved.
template: commitment.html 08/2016
10
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January25, 2021
ITEM/TOPIC:
A request for the review of a Minor Subdivision pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to adjust the previously
approved location of the lot line splitting Lot 20, Block 9, Vail Intermountain Development Subdivision into two separate lots, located at
2930 Snowberry Drive/Lot 20, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC20-
0035)
ATTACHM ENTS:
File Name
PEC20-0035 Staff Memorandum.pdf
[Attachment Al Vicinity Map.pdf
[Attachment Bl Applicant Narrative.pdf
[Attachment Cl Project Plan Set.pdf
Description
Staff Memorandum
[Attachment A] Vicinity Map
[Attachment B] Applicant Narrative
[Attachment C] Project Plan Set
TOWN OF
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 25, 2021
SUBJECT: A request for the review of a Minor Subdivision pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to adjust the previously approved location of the
lot line splitting Lot 20, Block 9, Vail Intermountain Development Subdivision into
two separate lots, located at 2930 Snowberry Drive/Lot 20, Block 9, Vail
Intermountain Development Subdivision, and setting forth details in regard
thereto. (PEC20-0035)
Applicant: Treat Homes LLC, represented by Martin Manley Architects
Planner: Erik Gates
I. SUMMARY
The applicant, Treat Homes LLC, represented by Martin Manley Architects, is
requesting the review of a Minor Subdivision, pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to adjust a previously approved common lot line splitting
Lot 20, Block 9, Vail Intermountain Development Subdivision into two separate
development lots, located at 2930 Snowberry Drive/Lot 20, Block 9, Vail Intermountain
Development Subdivision.
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 approval of this application, subject to the findings in Section VIII of this
1"L�' iTOTF. t•:"111
II. DESCRIPTION OF REQUEST
The applicant, Treat Homes LLC, represented by Martin Manley Architects, is
requesting the review of an adjustment to a previously approved property line within
2930 Snowberry Drive (Lot 20) to divide the parent lot into Lot 20A (East) and Lot 20B
(West). The purpose of the subdivision is to accommodate the development of two new
duplexes at previously undeveloped 2930 Snowberry Drive. The purpose of the
adjustment to the original approval is to ensure both lots can achieve their 60%
landscaping requirements. If approved, the proposed amended subdivision would
facilitate the development of four (4) new dwelling units spread over two (2)
development lots.
The graphic below shows the the previously approved property line (orange)
Town of Vail Page 2
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LINPLATTE❑ (1.S.F.S.)
This next graphic below again the new
proposed property line (orange):
Town of Vail Page 2
A vicinity map (Attachment A), the applicant's narrative (Attachment B), and the project
plan set (Attachment C) are attached for review.
III. BACKGROUND
The subject property was created within Eagle County in 1972 and annexed into the
Town of Vail in 1987 via court order. While a proposal was submitted to the Town in
1994 for a single family home, the proposal was withdrawn before any construction
activity occurred on the site. To date, this property remains undeveloped.
On August 26th, 2019, the Planning and Environmental Commission approved a
variance and a minor subdivision for this lot. The variance was from Section 12-21-12
Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, and allowed this
property's driveway site coverage to exceed the 10% allowed for developments
proposed on lots with excessive slopes. The minor subdivision split 2930 Snowberry
Drive into two distinct developments lots in anticipation of a duplex being built on each
development lot.
In addition to this minor subdivision application, a variance application under PEC20-
0033 proposes to adjust the minimum driveway entry deflection angle for access to
these lots and will be heard concurrently.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds the following provisions of the Vail Town Code relevant to the review of this
proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 6, Article D. Two Family Primary/ Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE.-
The
URPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a
larger primary residence and the second unit is a smaller caretaker apartment,
together with such public facilities as may appropriately be located in the same zone
district. The two-family primary/secondary residential district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate with
single-family and two-family occupancy, and to maintain the desirable residential
qualities of such sites by establishing appropriate site development standards.
12-6D-2: PERMITTED USES.-
The
SES:
The following uses shall be permitted.-
Town
ermitted:
Town of Vail Page 3
Employee housing units, as further regulated by chapter 13 of this title.
Single-family residential dwellings
Two-family residential dwellings
12-6D-5: LOT AREA AND SITE DIMENSIONS.-
The
IMENSIONS:
The minimum lot or site area shall be fifteen thousand (15, 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, eight feet
(80) on each side, within its boundaries.
12-6D-6: SETBACKS.-
In
ETBACKS:
In the primary/secondary residential district, the minimum front setback shall be
twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the
minimum rear setback shall be fifteen feet (15').
12-6D-8: DENSITY CONTROL.-
A.
ONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3) conditions
shall be permitted a total of two (2) dwelling units on existing lots less
than fourteen thousand (14, 000) square feet.-
a.
eet:
a. The property was annexed into the town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14, 000) square feet.
b. The property as of April 1, 2016, contained two (2) dwelling
units on a lot less than fourteen thousand (14, 000) square feet.
c. At no time between the property's annexation and April 1, 2016,
did the property contain less than two (2) dwelling units.
2. Discontinuance of Exception: If at any time any property as described
above develops or redevelops with only one dwelling unit, this
exception for the allowance of two (2) units shall no longer be valid for
such property.
B. Gross Residential Floor Area.-
Town
rea:
Town of Vail Page 4
1. The following gross residential floor area (GRFA) shall be permitted on
each site.-
a.
ite:
a. Not more than forty six (46) square feet of gross residential floor
area (GRFA) for each one hundred (100) square feet of the first
ten thousand (10, 000) square feet of site area, plus
b. Thirty eight (38) square feet of gross residential floor area
(GRFA) for each one hundred (100) square feet of site area
over ten thousand (10, 000) square feet, not exceeding fifteen
thousand (15, 000) square feet of site area, plus
c. Thirteen (13) square feet of gross residential floor area (GRFA)
for each one hundred (100) square feet of site area over fifteen
thousand (15, 000) square feet, not exceeding thirty thousand
(30, 000) square feet of site area, plus
d. Six (6) square feet of gross residential floor area (GRFA) for
each one hundred (100) square feet of site area in excess of
thirty thousand (30, 000) square feet.
2. The secondary unit shall not exceed forty percent (40%) of the
allowable gross residential floor area (GRFA).
C. Employee Housing Units: Notwithstanding the provisions of subsections A
and 8 of this section, a type I employee housing unit shall be permitted on
lots of less than fourteen thousand (14, 000) square feet in accordance with
the provisions of chapter 13 of this title. Any type 1 employee housing unit
existing on or before April 18, 2000, shall not be eliminated unless all dwelling
units are demolished, in which case the zoning on the property shall apply.
However, an existing type I employee housing unit may be replaced with a
type 11 employee housing unit on lots of fourteen thousand (14,000) square
feet or greater.
12-6D-9: SITE COVERAGE.-
Site
OVERAGE:
Site coverage shall not exceed twenty percent (20%) of the total site area.
12-6D-10: LANDSCAPING AND SITE DEVELOPMENT:
At least sixty percent (60%) of each site shall be landscaped. The minimum of any
area qualifying as landscaping shall be ten feet (10) (width and length) with a
minimum area not less than three hundred (300) square feet.
12-6D-11: PARKING:
Town of Vail Page 5
Off street parking shall be provided in accordance with chapter 10 of this title.
Title 13 — Subdivision Regulations, Vail Town Code
Chapter 1, General Provisions (in part)
13-1-2: PURPOSE:
A. Statutory Authority: The subdivision regulations contained in this title have
been prepared and enacted in accordance with Colorado Revised Statutes
title 31, article 23, for the purpose of promoting the health, safety and welfare
of the present and future inhabitants of the town.
B. Goals: To these ends, these regulations are intended to protect the
environment, to ensure efficient circulation, adequate improvements,
sufficient open space and in general, to assist the orderly, efficient and
integrated development of the town. These regulations also provide for the
proper arrangement of streets and ensure proper distribution of population.
The regulations also coordinate the need for public services with
governmental improvement programs. Standards for design and construction
of improvements are hereby set forth to ensure adequate and convenient
traffic circulation, utilities, emergency access, drainage, recreation and light
and air. Also intended is the improvement of land records and surveys, plans
and plats and to safeguard the interests of the public and subdivider and
provide consumer protection for the purchaser; and to regulate other matters
as the town planning and environmental commission and town council may
deem necessary in order to protect the best interests of the public.
C. Specific Purposes: These regulations are further intended to serve the
following specific purposes.-
1.
urposes:
1. To inform each subdivider of the standards and criteria by which
development proposals will be evaluated, and to provide information as
to the type and extent of improvements required.
2. To provide for the subdivision of property in the future without conflict
with development on adjacent land.
3. To protect and conserve the value of land throughout the municipality
and the value of buildings and improvements on the land.
4. To ensure that subdivision of property is in compliance with the town's
zoning ordinance, to achieve a harmonious, convenient, workable
relationship among land uses, consistent with town development
objectives.
Town of Vail Page 6
5. To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities
and generally to provide that public facilities will have sufficient
capacity to serve the proposed subdivision.
6. To provide for accurate legal descriptions of newly subdivided land and
to establish reasonable and desirable construction design standards
and procedures.
7. To prevent the pollution of air, streams and ponds, to assure adequacy
of drainage facilities, to safeguard the water table and to encourage
the wise use and management of natural resources throughout the
town in order to preserve the integrity, stability and beauty of the
community and the value of the land.
13-1-3: COMPLIANCE.-
A.
OMPLIANCE:
A. General Prohibition: It is unlawful for any person, business, or corporation to
violate any of the provisions of this chapter or to transfer, sell, lease or agree
to sell or lease, any lot, tract, parcel, site, separate interest (including a
leasehold interest), interest in common, condominium interest, timeshare
estate, fractional fee, or timeshare license, or any other division within a
subdivision within the town until such subdivision has been approved in
writing by the administrator, planning and environmental commission and/or
the council (whichever is applicable) and a plat thereof recorded in the office
of the Eagle County clerk and recorder; provided, however, that a written
agreement to sell or lease which is expressly conditioned upon full
compliance by the seller with the subdivision regulations of the town within a
specified period of time and which expressly recites the seller's failure to
satisfy such condition within such period of time shall terminate the
agreement and entitle the buyer to the prompt return of all consideration
heretofore paid by the buyer under such agreement, shall not constitute a
violation of this subsection.
B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein,
shall be transferred, conveyed, sold, subdivided or acquired either in whole or
in part, so as to create a new nonconforming lot, or to avoid or circumvent or
subvert any provision of this chapter.
C. Responsibility: The owner, developer, buyer, or seller shall be fully
responsible for all acts of agents or employees thereof that are committed in
violation of the terms of this chapter.
Chapter 2, Definitions (in part)
Town of Vail Page 7
SUBDIVISION OR SUBDIVIDED LAND.-
A.
AND:
A. Meaning.-
1.
eaning:
1. A tract of land which is divided into two (2) or more lots, tracts, parcels,
sites, separate interests (including leasehold interests), interests in
common, or other division for the purpose, whether immediate or
future, of transfer of ownership, or for building or other development, or
for street use by reference to such subdivision or recorded plat thereof;
or
2. A tract of land including land to be used for condominiums, timeshare
units, or fractional fee club units, or
3. A house, condominium, apartment or other dwelling unit which is
divided into two (2) or more separate interests through division of the
fee or title thereto, whether by conveyance, license, lease, contract for
sale or any other method of disposition.
B. Exceptions: Unless the method of land disposition is adopted for the purpose
of evading this definition, the term "subdivision" as defined herein shall not
apply to any of the following divisions of land or interests in land.-
1.
and:
1. The division of land by order of any court in this state or by operation of
law.
2. The division of land by a lien, mortgage, deed of trust or any other
security instrument.
3. The division of land by a security or unit of interest in any investment
trust regulated under the laws of this state or any other interest in an
investment entity.
4. The division of land which creates an interest or interests in oil, gas or
minerals which are now or hereafter severed from the surface
ownership of real property.
5. The division of land by the acquisition of an interest in land in the name
of a husband and wife or other persons in joint tenancy or as tenants in
common and any such interest shall be deemed for purposes of this
definition as only one interest; provided, however, that no agreement
exists, either recorded or unrecorded, between the cotenants allowing
for the use and occupancy of the property by one or more cotenants to
the exclusion of one or more cotenants during any period, whether
annually recurring or not if such agreement is in any way binding or
Town of Vail Page 8
effective upon any assignee or future owner of a fractional fee interest
or if such agreement continues to be in any way binding or effective
upon any cotenant for the sale of any interest in the property.
6. The division of land by reason of the dissolution of a joint venture or
business entity.
C. Compliance: No subdivision shall be approved which includes elements not in
conformance with the provisions of any applicable zoning ordinance or other
ordinance of the town or law or regulations of the state.
D. Major Subdivision: Any subdivision involving more than four (4) lots, or a
subdivision proposal without all lots having frontage on a public or approved
street, or with a request to extend municipal facilities in a significant manner,
or a proposal which would negatively affect the natural environment as
determined under section 12-12-2, "Applicability", of this code, or if the
proposal would adversely affect the development of the remainder of the
parcel or adjoining property.
E. Minor Subdivision: Any subdivision containing not more than four (4) lots
fronting on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property.
F. Single -Family Subdivision: A subdivision of an existing lot, which is
recognized by the town of Vail as a legally subdivided lot, and which shall
contain a single-family or two-family dwelling. Each such dwelling shall be
separated from any other dwelling by space on all sides. For zoning
purposes, the lots created by a single-family subdivision shall be treated as
one lot.
Chapter 3, Section 4, Commission Review of Application, Criteria and Necessary
Findings.-
13-3-4.-
indings:
13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND
NECESSARY FINDINGS
The planning and environmental commission shall conduct a public hearing on an
application for a preliminary plan for subdivision. The planning and environmental
commission shall consider the application, relevant additional materials, staff report
and recommendations as well as any other comments or public information given at
the hearing. The planning and environmental commission may discuss advisable
changes to the proposed subdivision with the applicant. The burden of proof shall
rest with the applicant to show that the application is in compliance with the intent
and purposes of this chapter, the zoning ordinance and other pertinent regulations
that the planning and environmental commission deems applicable. Due
Town of Vail Page 9
consideration shall be given to the recommendations made by public agencies, utility
companies and other agencies consulted under subsection 13-3-C of this chapter.
A. Before recommending approval, approval with conditions or disapproval of
the preliminary plan, the planning and environmental commission shall
consider the following criteria with respect to the proposed subdivision.-
1.
ubdivision:
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
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
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives, and
4. The extent of the effects on the future development of the surrounding
area, and
5. 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
6. 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
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
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
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
Town of Vail Page 10
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a major subdivision, the planning and environmental
commission shall make the following findings with respect to the proposed
major subdivision.-
1.
ubdivision:
1. That the subdivision is in compliance with the criteria listed in
subsection A of this section.
2. That the subdivision is consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town.
3. That the subdivision is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas.
4. That the subdivision 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.
Chapter 4, Minor Subdivisions (in part)
13-4-2: PROCEDURE:
The procedure for a minor subdivision shall be as follows.-
A.
ollows:
A. Submission of Proposal; Waiver Of Requirements: The subdivider shall
submit two (2) copies of the proposal following the requirements for a final
plat in subsection 13-3-6B of this title, with the provision that certain of these
requirements may be waived by the administrator and/or the planning and
environmental commission if determined not applicable to the project.
B. PEC Public Hearing: Within thirty (30) days of receiving the complete and
correct submittal for a minor subdivision, the planning and environmental
commission shall hold a public hearing to consider the final plat. The
administrator shall cause a copy of a notice of the time, place and general
nature of the hearing and proposal to be published in a newspaper of general
circulation in the town at least fifteen (15) days prior to said hearing. Also,
adjacent property owners to the proposed subdivision shall be notified in
writing at least seven (7) days prior to the public hearing.
C. Review and Action on Plat: The planning and environmental commission shall
review the plat and associated materials and shall approve, approve with
modifications or disapprove the plat within twenty one (21) days of the first
public hearing on the minor subdivision or the minor subdivision will be
Town of Vail Page 11
V.
deemed approved. A longer time period for rendering a decision may be
granted subject to mutual agreement between the planning and
environmental commission and subdivider. The review shall be based on the
criteria and necessary findings in section 13-3-4 of this title.
D. Appeal: Within twenty (20) days the decision of the planning and
environmental commission on the final plat shall be transmitted to the council
by the staff. The council may call up the decision of the planning and
environmental commission within twenty (20) days of the planning and
environmental commission's action. If council appeals the planning and
environmental commission decision, the council shall hear substantially the
same presentation by the applicant as was heard at the planning and
environmental commission hearing(s). The council shall have thirty (30) days
to affirm, reverse, or affirm with modifications the planning and environmental
commission decision, and the council shall conduct the appeal at a regularly
scheduled council meeting.
ZONING AND SITE ANALYSIS
Addresses:
Legal Descriptions:
Zoning:
Land Use Plan Designations
Current Land Uses:
Geological Hazards:
Town of Vail
2920 Snowberry Drive/Lot 20A, 2930 Snowberry
Drive/Lot 20B
Vail Intermountain Development Subdivision, Lot
20A/Lot 20B, Block 9
Two -Family Primary/Secondary Residential (PS)
Low Density Residential
None
Excessive Slopes (>40%)
Development
Standard
Allowed I
Required
proposed
Lot 20A
Site Area
Min. 15,000 SF
17,600 SF
Enclosed Area
Min. 80'x80'
80'x80'
Setbacks
Front: 20'
Sides: 15'
Rear: 15'
Front: 20'
Side: 15'
Rear: 15'
Density (DUs)
Max. 2
2 DU
Lot 20B
Site Area
Min. 15,000 SF
25,603 SF
[Enclosed Area
Min. 80'x80'
80'x80'
Page 12
VI. SURROUNDING LAND USES AND ZONING
Front — 20'
Front: 20'
Setbacks
Sides — 15'
Side: 15'
South:
Rear — 15'
Rear: 15'
Density (DUs)
Max. 2
2 DU
VI. SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
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:
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
Staff finds that the proposed revision to the subdivision is consistent with all
applicable elements of the adopted goals, objectives, and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the town.
Of note, several goals of the Vail Land Use Plan are applicable to this subdivision.
Goal 1.3 of the Vail Land Use Plan states, "The quality of development should be
maintained and upgraded whenever possible." The proposed lot split adjustment
would facilitate the development of 4 dwelling units with appropriate landscaping.
Goal 5.1 states that residential growth should primarily occur in existing, platted
areas. The parent lot of the proposed lots is part of the existing and developed
Intermountain Development Subdivision.
Staff finds the proposed subdivision meets this criterion.
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
While the proposed development for this subdivision adjustment involves a variance
to Section 14-3-1, Minimum Standards, Vail Town Code, staff finds that the
proposed subdivision on its own is in compliance with all of the standards of Title 12,
Town of Vail Page 13
Existing Land Use:
Zoning District:
North:
Residential
Two -Family Primary/Secondary (PS)
South:
USFS
None (County)
East:
Residential
Two -Family Primary/Secondary (PS)
West:
Residential
Two -Family Primary/Secondary (PS)
VII. REVIEW CRITERIA
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:
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
Staff finds that the proposed revision to the subdivision is consistent with all
applicable elements of the adopted goals, objectives, and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the town.
Of note, several goals of the Vail Land Use Plan are applicable to this subdivision.
Goal 1.3 of the Vail Land Use Plan states, "The quality of development should be
maintained and upgraded whenever possible." The proposed lot split adjustment
would facilitate the development of 4 dwelling units with appropriate landscaping.
Goal 5.1 states that residential growth should primarily occur in existing, platted
areas. The parent lot of the proposed lots is part of the existing and developed
Intermountain Development Subdivision.
Staff finds the proposed subdivision meets this criterion.
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
While the proposed development for this subdivision adjustment involves a variance
to Section 14-3-1, Minimum Standards, Vail Town Code, staff finds that the
proposed subdivision on its own is in compliance with all of the standards of Title 12,
Town of Vail Page 13
Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail
Town Code. As proposed, the two (2) development lots meet all lot size standards
for the Two -Family Primary/Secondary (PS) District.
Staff finds the proposed subdivision meets this criterion.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives; and
Staff finds that the proposed subdivision presents a harmonious, convenient,
workable relationship among land uses consistent with municipal development
objectives. The new proposed shared property line splits the lot into two lots that are
well within compliance for lot size and buildable area for two-family development.
Ample space for proper screening from neighboring lots is present on both lots. The
proposed adjusted subdivision will not negatively impact the existing relationship
among land uses as single and two-family uses are already the primary uses in this
area.
Staff finds the proposed subdivision meets this criterion.
4. The extent of the effects on the future development of the surrounding area;
and
Staff finds that the proposed reconfiguration will have no negative impacts on the
future development of the surrounding area. The proposed lot line adjustment
creates a somewhat unusual jog between the two 2930 Snowberry lots, but this jog
occurs in the steep portion of the lot where future development of this property is
unlikely to occur. This change will have no effects on future development in the
surrounding area.
Staff finds the proposed subdivision meets this criterion.
5. 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
Staff finds that 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. The proposed subdivision will not result in a leapfrog development
pattern because the parent lot is the only remaining undeveloped lot along
Snowberry Drive and will reduce the leapfrog pattern.
Staff finds the proposed subdivision meets this criterion.
Town of Vail Page 14
6. 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
Staff finds that the proposed subdivision is already served by appropriately sized
utility lines, resulting in no future land disruptions to upgrade undersized lines.
Staff finds the proposed subdivision meets this criterion.
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
Staff finds that the proposed subdivision adjustment provides for the growth of an
orderly viable community and serves the best interests of the community as a whole
because the lot split for this property has already been reviewed and approved, this
is just an adjustment to the existing approved lot line. The proposal creates no
negative anticipated impacts to the surrounding community while helping to facilitate
the Town's goal to increase housing stock within the Town.
Staff finds the proposed subdivision meets this criterion.
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
The most significant potential impact identified by staff involves development into the
hillside, however limiting development to the flatter portions of the proposed lots, as
is planned, will minimize this potential impact. Staff does not believe that the
adjustment to the previously approved lot lines will impact the hillside any more
significantly than the existing approved lot split.
Staff finds that the proposed subdivision adjustment will not result in any adverse
impacts to other natural environments, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, and other desirable natural features.
Staff finds the proposed subdivision meets this criterion.
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
Town of Vail Page 15
recommends approval, of a final plat pursuant to Title 13, Chapter 4, Minor
Subdivisions, Vail Town Code, to adjust the previously approved location of the lot line
splitting Lot 20, Block 9, Vail Intermountain Development Subdivision into two separate
lots, located at 2930 Snowberry Drive/Lot 20, Block 9, Vail Intermountain Development
Subdivision and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this minor
subdivision, the Community Development Department recommends the Planning and
Environmental Commission pass the following motion:
"The Planning and Environmental Commission approves the applicant's request for
a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to
adjust the previously approved location of the lot line splitting Lot 20, Block 9, Vail
Intermountain Development Subdivision into two separate lots, located at 2930
Snowberry Drive/Lot 20, Block 9, Vail Intermountain Development Subdivision and
setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this minor
subdivision, the Community Development Departments recommends the Planning and
Environmental Commission makes the following findings:
"Based upon a review of Section Vll of the January 25, 2021 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds.-
1.
inds:
1. That the subdivision is in compliance with the criteria listed in Section 13-3-4,
Minor Subdivisions, Vail Town Code, and
2. That the subdivision is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town,-
3.
own,
3. That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, and
4. That the subdivision 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
Town of Vail Page 16
B. Applicant Narrative
C. Project Plan Set
Town of Vail Page 17
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M A R T I N M A N L E Y
ARCHITECTS
To: Town of Vail — Planning and Environmental Commission
Care of Town Planner: Erik Gates
egatesa-vailgov.com
970-479-2440
From: John G. Martin, Architect, LLC
Agent of Martin Manley Architects
Email: john@martinmanleyarchitects.com
Phone: 970-328-0592
Date: December 14„ 2020
Re: 2930 Snowberry Drive — Undeveloped Lot in Vail, Colorado
Subj: Town of Vail PEC — Subdivision of Lot Request
Address: 2930 Snowberry Drive (Vail Intermountain Dev Sub Block 9, Lot 20)
Zone District: (PS) Two -Family Primary/Secondary Residential District
Lot Area = 43,207 sq. ft. 9919 acres x 43,560 sq. ft.
Buildable Area = 32.617 sq. ft. (due to slopes in excess of 40%)
A. Owner: Owner Representative:
Sandy Treat John G. Martin, Architect
Treat Homes LLC Martin Manley Architects
PO Box 1829 PO Box 4701
Edwards, CO 81632 Eagle, CO 81631
Email: thhomesllc1(agmail.com Email: john(a)martinmanleyarchitects.com
Phone: (970) 376-8787 Phone: 970-328-0592
B. Project Narrative:
The steep undeveloped lot is being developed into (2) separate lots, each capable of containing a
Primary/Secondary Duplex house. The (2) lots will share a long driveway so that they can be
developed on the higher portion of the lot. The PEC previously granted a preliminary subdivision of
lots. Now that the duplexes are under design development and taking zoning issues into
consideration, a new Lot -Split Line is being proposed.
C. Description of the variance requested:
This new Lot -Split Line has an unusual "jog" in the shape. This is to balance out the
Landscaped Areas of the two properties so that each can meet the zoning standard for the PS
Zoning 60% Landscape Area limitation. With the "jog" in the Lot Line, each lot will meet other
minimum standards for size, length, and other zoning limitations as well.
D. Site Plans: See the attached exhibits. Note, the exhibits display a lot -split which divides the large
parcel into two smaller parcels that still meet the minimum requirements for the PS Zoning District.
Therefore a Primary/Secondary Duplex could potentially be built on both lots making the total density
4 dwelling units. The driveway till access all four units and an access easement agreement will be
put in place at a later date.
EXHIBIT A: Civil Engineer Grading Plan.
EXHIBIT B: Architect's Site Plan with Area Summaries.
EXHIBIT C: Topographic Survey
970.328.5151
in}o�martinm
R.p, $ax 1587
a nleyarch itects.com
Eagle, Colorado 81631
E. List of Adjacent Property Owners:
2860 Basingdale Blvd A (Vail Intermountain Dev Sub Block 9, Lot A)
Parcel Number 2103-143-01-088
Donald & Ellen Gury
1765 Alpine Drive Unit B
Vail, CO 81657-4392
2864 Snowberry Drive (Vail Intermountain Dev Sub Block 9, Lot 19A)
Parcel Number 2103-143-01-050
Robert McClain
PO Box 1372
Vail, CO 81658-1372
2940 Basingdale Blvd (Eagle County Sub Dome Main Condo)
Parcel Number 2103-143-02-004
Katalin Companies Inc.
PO Box 7025
Colorado Springs, CO 80933-7025
United States of America
C/O US Forest Service
PO Box 948
Glenwood Springs, CO 81602-0948
Adjacent Properties Map:
US Ff]fiEST SERVICE
!PO
970.338.5151
n}o�martinmanleyarchitects.com
Box 1587
Eagle, Colorado 81631
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TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: Janaury11, 2021
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council for a Prescribed Reg ulati on Amendment pursuant to Section 12-3-7
Amendment, Vail Town Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-6: Methods of Mitigation, Vail Town
Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and Inclusionary Zoning, and setting forth details in
regard thereto. (PEC20-0027)
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: January 11, 2021 PEC Results
ATTACHM ENTS:
File Name Description
oec results 011121.odf January 11, 2021 PEC Results
0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl January 11, 2021, 1:00 PM
Virtual
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
1. 1. Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_9dcxgkngSgiH-
zHe8UXl Eg
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2. Attendance
Present: Brian Gillette, Rollie Kjesbo, Ludwig Kurz, John -Ryan Lockman,
Karen Perez, Henry Pratt, Pete Seibert
Absent: None
Main Agenda
2.1. A request for a recommendation to the Vail Town Council to establish a new 2 min.
Special Development District, (Alura Vail), pursuant to Section 12-9-A
Special Development (SDD) District, Vail Town Code, to allow for the
development of 24 multifamily residential units in eight (8) buildings with
associated site improvements, located at 1472 Matterhorn Circle/Vail Park
Meadows Subdivision, and setting forth details in regard thereto. (PEC20-
0028)
The applicant has requested this item be tabled to a date uncertain.
Applicant: Alura Vail LLC, represented by The Brown Studio
Planner: Jonathan Spence
Rollie Kjesbo moved to table to a date uncertain. Brian Gillette seconded the
motion and it passed (6-0).
Abstain: (1) Pratt
2.2. A request for the review of variances from Section 14-10-4-C, Architectural 2 min.
Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code,
pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more
than five feet (6) above ground level to project more than five feet (6) into
the required side (east) setback, located at 413 Gore Creek Drive/Lots 1-6,
Block 4, Vail Village Filing 1, and setting forth details in regard thereto
(PEC20-0030)
The applicant has requested this item be tabled to February 8, 2021.
Applicant: Vail Trails Chalets, represented by Mike Devins
Planner: Greg Roy
Brian Gillette moved to table to January 25, 2021. Karen Perez seconded
the motion and it passed (7-0).
2.3. A request for review of a Minor Subdivision, pursuant to Section 13-4, 30 min.
Minor Subdivisions, Vail Town Code, to adjust a platted limit of disturbance
line and replace, at a 1:1 ratio, 278 square feet of area at 1788 Alpine Drive
/ Lot 12, Vail Village West Filing 1, and setting forth details in regard thereto.
(PEC20-0036)
Applicant: Douglas & Lana Johnson, represented by Martin Manley
Architects
Planner: Greg Roy
1. Prior to construction the applicant shall obtain Design Review Board
approval for the improvements shown in the plans.
Planner Roy: Introduced the project by discussing the lot and the history of
the platted limit of disturbance area. The proposal would replace the
removed limit of disturbance on site so that no net loss of protected space
occurs. Roy then showed some pictures of the area within the limit of
disturbance.
Commissioner Pratt: Asked about why the limit of disturbance line was
platted.
Planner Roy: We could not find the reasoning for this limit even after looking
through the minutes of the original PEC proposal.
Commissioner Gillette: From memory, though he was not certain, at the time
of this original approval there was a council member who was a neighbor to
this property, and so there was some negotiating to get the original
construction approved.
Jeff Manley, Martin Manley Architects: Described the site in more detail and
the proposal for the adjusted limit of disturbance. This change to the
disturbance limit would allow the applicant to have a small patio in their back
yard.
Gillette: Asked a question about the existing retaining wall behind the
property.
Manley: Explained how the wall would be adjusted to allow for the patio
improvements.
Gillette: Asked how this relates to the lot's setbacks.
Manley: Showed a drawing with proposed improvements and setback lines,
showing compliance with Town required setbacks.
Gillette: Asked if the neighbors had been notified of this application and if
they had provided any comment for the PEC.
Roy: Stated that they had been notified, but that the Town had received no
comments.
No Public Comment
Commissioner Pratt: Does not feel that limits of disturbance can simply be
exchanged on a foot by foot basis. Having no information on why these limits
were implemented in the first place is a reason to oppose.
Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the
motion and it passed (6-1).
Ayes: (6) Gillette, Kjesbo, Kurz, Lockman, Perez, Seibert
Nays: (1) Pratt
2.4. A request for a recommendation to the Vail Town Council for a Prescribed 60 min.
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-
6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in
Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting
forth details in regard thereto. (PEC20-0027)
Applicant: Town of Vail, represented by George Ruther
Planner:
Planner Spence: Stated that a letter had been given to the PEC by Mr.
Ruther, but that it was being requested to be tabled.
Rollie Kjesbo moved to table to January 25, 2021. Brian Gillette seconded
the motion and it passed (7-0).
2.5. A request for the review of a Conditional Use Permit, pursuant to Section 30 min.
12-16, Conditional Use Permits, Vail Town Code, for a Child Daycare
Center, a Conditional Use in the General Use (GU) District, located at 330
South Frontage Road West/Charter Bus Lot/Lot 1, Block 2, Vail Lionshead
Filing No. 1, and setting forth details in regard thereto. (PEC20-0031)
Applicant: Town of Vail, represented by Pierce Austin Architects
Planner: Jonathan Spence
1. Approval of this Conditional Use is contingent upon the applicant
obtaining Town of Vail design review approval for this proposal.
2. The approval period for this Conditional Use Permit shall terminate 5
years from the date of the first Certificate of Occupancy for the
project. Extensions beyond this period shall only be through future
Planning and Environmental Commission action. The applicant shall
return to the Planning and Environmental Commission within 3 years
of the date of the first Certificate of Occupancy for the project for an
update on the status of the project and permanent location for the
Children's Garden of Learning.
3. The Town of Vail shall, within 9 months of the date of PEC approval,
shall explore the feasibility of widening the north side of South
Frontage Road between Fire Station #3 and Chamonix Lane and
return to the PEC with an update.
4. Prior to the issuance of the first Certificate of Occupancy for the
project, the applicant and the operator will provide for staff review and
approval a plan for staggered arrival and departure times to alleviate
congestion should the proposed traffic controls prove insufficient.
Planner Spence: Explained that the PEC had continued this item from that
last meeting of last year. He then explained the requests of information made
by the PEC. The PEC asked for information about the relocation of the
existing charter bus lot, information on traffic flow, and information on peak
traffic conflicts exiting the parking garage.
Tom Kassmel: Explained the current use of the charter bus lot. Explained
that people can pay the Town to use this lot for oversized vehicles in the
winter. No fee is charged in the summer and parking there is done on a first-
come first-served basis. For the current relocation, the town is proposing
relocating these vehicles to West Vail street parking, with plans for a
permanent relocation site to come during the West Vail Master Plan
process. Tom next showed a few diagrams depicting the temporary
relocation areas. Parking areas would change based on the winter and
summer season, with summer season parking closer to the Safeway parking
lot. Stated that street parking to the west of the fire station rarely fills up even
in the winter season.
Commissioner Perez: Asked about parking numbers in the charter bus lot
for the summer season. Remembers that the Town had tracked parking in
the parking facilities previously.
Kassmel: Stated that the charter bus lot had not been included with that.
Charter bus lot summer numbers are not tracked because parking is allowed
there without a permit in that season. Tom then showed diagrams of parking
numbers in West Vail from the past two seasons and this season so far. Tom
also showed a diagram of vehicles present at the Children's Garden of
Learning throughout a normal operating week.
Perez: Asked if the Children's Garden of Learning spaces were standard
vehicle size. Parents picking up and dropping off kids have to adjust things
like car seats adding to the possible clutter during peak hours.
Kassmel: Stated these were normal sized parking spots and then showed a
diagram of the proposed site plan.
Gillette: Stated that he agrees with Perez's point. Wonders if having wider
spaces even at the cost of a parking spot might help with traffic flow at the
proposed location.
Kassmel: Stated at the current Children's Garden of Learning site. The 4
parking spots near the building fill up first before other vehicles park in the
circle for pick-ups. The intent for the new location is to also have staff park
in the parking garage itself.
Gillette: Asked about the logistics of the relocated charter bus parking.
Asked if the town would still collect fees.
Kassmel: These specifics still need to be worked out
Spence: Pointed out that West Vail street parking is not intended to be the
permanent site for these oversized vehicles. This will be hashed out during
the Civic Area Plan buildout and the West Vail Master Plan process.
Commissioner Lockman: Asked about how many days these oversized
vehicles typically stayed in the charter bus lot.
Kassmel: Stated that maybe 10 vehicles a year stayed in the bus lot for
multiple days.
Chairman Kurz: Asked about using Ford Park parking for this relocation.
Interested in seeing if the Town can spread this relocation impact around
town rather than concentrating these oversized vehicles just to West Vail.
Kassmel: Stated that this may be an option in the future, but that the lot is
currently not properly designed for this purpose.
Gillette: Asked about how the proposed 5 year limit to this conditional permit
would be tracked.
Spence: Stated that the Town's internal software, Magnet, keeps track of
this.
Gillette: Wants to have this expire after 3 years so that the progress of
finding a permanent location of the Children's Garden of Learning can be
re-evaluated.
Spence: Cautioned against having the permit expire in 3 years, suggesting a
condition that a report be submitted to the PEC in 3 years instead.
Kurz: Likes the plan of having the CUP expire in 5 years, but requiring a
report from staff or council in 3 years.
Perez: Wants a mandate for the 3 -year report as CUP conditions are
sometimes ignored.
Spence: Asked for clarification on conditions of approval for CUPs that
aren't enforced.
Perez: Gave an example of the Vail Mountain School not having a student
enrollment report submitted years after they were conditioned to. Not meant
to single that project out specifically as there are other examples of unfulfilled
CUP conditions.
Spence: Asked that staff be contacted after the meeting about other
conditions that are being violated in other CUPs.
Gillette: Thinks that the schedule for pick up and drop off at this proposed
location needs to be more prescribed.
Kassmel: Stated that if issues arise in the future, we have the ability to set
that up with the school.
Perez: Asked about metering for vehicles entering the site. Wants to know if
there is any structure in place to separate the Children's Garden of
Learning use from the general public parking. What is in place to prevent
skiers, for example, from parking in the temporary lot.
Kassmel: Says there is signage in place and there are also the parking
attendants for the main lot right next to this location. Also stated that there
are cameras in this area.
Public Comment Opened
John Rediker: Expressed concerns about the movement of the oversized
vehicles to West Vail. This is not a long term solution and is concerned from
the staff memo that staff is treating this as a long term solution. Says that the
pictures submitted to the PEC do not accurately show how crowded the
skier parking in West Vail is. Even temporary parking here is going to
disrupt skiers and locals. In regard to the possible 3 year re-evaluation
condition, feels that this doesn't have any teeth. Wants stronger language
requiring a permanent site for the Children's Garden of Learning in 3-5
years. Rediker is also on the West Vail Master Plan committee and they
were not informed of this temporary oversized vehicle relocation by staff.
Dick Cleveland: Reiterated that Rediker's comments were accurate. West
Vail did not oppose skier parking in West Vail originally, but have since had
residents express concerns to the Town about the safety of this parking.
Snow removal from the frontage road and freeway forces this skier parking
to be moved to the very edge of the road. Asking oversized vehicles to park
here as well will create severe traffic issues along the frontage road. Thinks
this relocation is a bad idea. Oversized vehicles housed by the Town should
be located off of the road like is done currently. I n a worse snow year this
will create a great safety issue.
Public Comment Closed
Gillette: Wants to hear from public works about the safety and snow removal
issue.
Kassmel: On certain days vehicles along the frontage road are pushed to
the edge of the shoulder. The areas that are being proposed for the
oversized vehicles are less trafficked and have less vehicle volume
throughout the day. Public works could also prioritize these areas to have
more aggressive snow removal protocol.
Commissioner Kjesbo: Asked if there is any widening that could be done on
the north side of the frontage road to provide more parking.
Greg Hall: Stated that this is conceivably possible. Would also have to
coordinate with CDOT.
Gillette: Thinks that as part of this approval, making this frontage area as
wide as possible should be conditioned.
Commissioner Seibert: Clarified that the snow issues are happening along
the portion of the frontage road in front of the commercial area.
Hall: Stated that the snow issue is most commonly reported from the west of
the fire station actually.
Seibert: It sounds like the parking issue to the west of the fire station is not a
parking issue then, more of a snow management issue. Agrees that there
needs to be a backup plan for managing pick-up and drop-off issues at the
proposed temporary Children's Garden of Learning location. Hearing that
the largest issue with this approval is the reactive management of parking as
a result of this relocation.
Kurz: Was hoping this could be settled, but there are still outstanding
concerns with safety of the relocated parking. Feels that many of the
management issues with Children's Garden of Learning operation have
been addressed.
Spence: Asked if the board would be interested in a condition of approval
that this plan be re-evaluated in a year.
Gillette: Thinks that a condition of approval should be made that the town has
a plan for staggered pick-up times in case it is needed in the future at this
temporary site.
Some discussion among the board and staff occurred regarding a 1 year or
3 year review. The general consensus is that a 3 year review is more useful.
Perez: Wants the conditions of approval for this project to be shared at the
next community advisory board meeting for the West Vail Master Plan.
Hall: Pointed out that there is a parking task force that will also be reviewing
the plans for future oversized vehicle parking. There is a yearly review of
overflow parking.
Kjesbo: Wants to see what can be done to widen the frontage road in West
Vail.
Gillette: If there was a condition for exploring the option of widening the
north side of the frontage road west of the fire station, when could we expect
that from public works.
Kassmel: Hard to say as a meeting would need to be organized with CDOT
to explore options. Likely a 6-9 month range.
Gillette: The proposed conditions are, setting up a staggered parking plan
for the CGL, have the CUP expire after 5 years with a review in 3 years, a 9
month review of the possibility of expanding the West Vail frontage road, and
a standard condition of requiring DRB review.
Brian Gillette moved to approve with conditions. Rollie Kjesbo seconded the
motion and it passed (7-0).
3. Approval of Minutes
3.1. December 28, 2020 PEC Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Abstain: (1) Seibert
4. Adjournment
Karen Perez moved to adjourn. Brian Gillette seconded the motion and it
died for lack of second (7-0).
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
Ad #: 0000654663-01
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
Your account number is: 1023233
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO
COUNTY OF EAGLE
I, Mark Wurzer, do solemnly swear that I am Publisher of
the VAIL DAILY, that the same daily newspaper printed, in
whole or in part and published in the County of Eagle,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement and that said newspaper has published the
requested legal notice and advertisement as requested.
The VAIL DAILY is an accepted legal advertising medium,
only forjurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 1/22/2021 and that the last
publication of said notice was dated 1/22/2021 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
1/26/2021.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
1/26/2021.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
.IEN YFJ)1NA
NOTARYID
Nml1C
A OF COLORADO
Mqusf t& AL
PLANNING AND ENVIRONMENTAL COMMISSION
January 25, 2021,1:00 PM
Virtual
75 S. Frontage Road -Vail, Colomdo, 8165/
Call to Coder
1.1.Register inadvandeid, this webinar:
hums
us02web.zoom.us/webinar/regist ,IWN_QJybkNzg02eM(3WM6FE0g
Afteooeyismoing, yo will receiv... mOmation email containing information
about jamng the webinar.
1.2. Attendance
Main Agenda
2.1. Arequest for theoeviaw of a Variance from Seddon 143-1, Minimum
StarMerds, Vail Town Code, to allow for a Van.—loom the minimum
deflection entry angle , first 30 feet of ddveway length, in accordance with
the provislon of Sectim 12-1], Variances, Veil Town Code, located at 2930
Snowbed, Drw kmt 20. Block 9. Val Intermountain Cevel000d.M Subdivision.
Applicant: Treat Homes LLC, represented by Menlo Manley Architects
Planner•. Edk Gates
2.3. Arequest bra r ddd ddtl,d, to the Vall Town Council for a Pmsc,Ibed
Regulatim Amendment pursuant to Section 12-3-1 Amendment, Vail Town
Code to amend Section 12-23-6: Methods o1 Mitigation and Section 12-24 6:
Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu
prov sotC_memlel lJdodge and lncluslonsry Zoning, and setting forth
details in regard thereto. (PEC20-002]) 6D min.
Applicant Town of Vail, represented by Gaorge Ruthar
3. Approval of Minutes
3.1. January 11, 2021 PEC Results
4. Adjournment
The applications and lnlodombod about the proposals are available for public inspection during gularol-
it. hours a1 Me Town of Vail Community Development =pa ant ]5 South Frontage Road. The publid
is 'ted to amend the project orientation and the site visits that precede the public heating in the Town of
Vail Community Development Department. Times and order of items are approximate, subject to change,
and cannot be rolled upon to determine at what time the Planning and Environmental Commission will
wnslder an Item. Pleaze call (9]0) 419-2138 M additlonal information. Please call 111 M sign language
interpretation 4R hour pdor m meeting time.
Community Development Department Published in the Vail Daily January 22, 2021. 0000654663
Ad #: 0000651781-01
THIS ITEM MAY AFFECT YOUR PROPERTY
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN Nat the Planning and
Your account number is: 1023233
homannoblch arq mlaal°n hdar ewowh°ec oa° zll
pu gin aox
3-6, Vail Town Code, onJanuary 25, 2021 at 100
pm in the Town of Vail Municipal Building.
PROOF OF PUBLICATION
Registarm advance rormis -roar:
hd s:nusozwehs°°m.0 weninartre IsterN N DJ
VAIL DAILY
e 6 D
Atte`oglistering re will eNw
e a ntrmatlon
STATE OF COLORADO
mail° ening'miDmatDnabumwining,newebi-
COUNTYOFEAGLE
Arequestrorthe Wewof, Varianre omSection
14-3-1, Minimum Standards, Val Town Code, to al-
low fora variance from the minimum deflection an-
I, Mark Wurzer, do solemnly swear that I am Publisher of
t�ry angle for trait 30 feet o1 driveway, length, in ac.
rdanpa with fie Islon o sa eon 12-17, var-
the VAIL DAILY, that the same daily newspaper in
Vail Town Code, located at 293D Sn—b.r y
En ajLot 2o, Block 9, Vail Imarmountain Develop-
printed,
whole or in part and published in the County of Eagle,
ent Subdivision, and setting forth details in regard
ihereb.(PEC260D33)
Applicant: Treat HMartinomes LLC,represented by
State of Colorado, and has a general circulation therein;
Planner: Erik GMtasnleyA chits s
that said newspaper has been published continuously and
Arequestmrme—lewofaMlnorsundNlslonp r-
ua t to Section 134, Minor Subdivisions, Vail
uninterruptedly in said County of Eagle for period of
P Y tY 9 P
Town C°de,toadjuatmeprevicudyapprovedloca-
lion of the loume sprdthg Lot 20, Blows, veil Intar-
more than fifty-two consecutive weeks next prior to the
ou tele Bavelopment Subdivision Into two sapa-
note I..' located at 2930 Snrwberry Dri-Lot 2D,
first publication of the annexed legal notice or
Block 9, Vail Intermountain Development Subdivi-
nd setfing forth details In regard thereto.
advertisement and that said newspaper has published the
(PEG20-0035)
by
Applicant Mart Manley
requested legal notice and advertisement as requested.
ALC'hea esented
Planner Erik Gates
The applicetons and ib oy'shon a-outihe propos
els are available for public inspection during office
hours at the Town of Vail Community Development
Deponmenl, 75 South Frontage Road. The public
The VAIL DAILY is an accepted legal advertising medium,
P 9 9
Ie inVitadtoatrendsiYVisItts. Please Call 970-479
21aeo isit www.vaurw.
only for jurisdictions operating under Colorado's Home
=Iannlnaroreddtion-
alintormation.
Rule provision.
q.estlwon-hou.oWfionn,dial711. uprn re-
Publishad January 8, 2021 in the Vail Daily.
0000651781
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 1/8/2021 and that the last
publication of said notice was dated 1/8/2021 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
1/8/2021.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
1/8/2021.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
lFJUYFDIYA
NOTARYana—
NDl1D
A OF COLORADO
MYusf t&AL