HomeMy WebLinkAbout2021-03-08 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl March 8, 2021, 1:00 PM
Virtual
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
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1.2. Attendance
Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, John -
Ryan Lockman, Pete Seibert, Henry Pratt
Absent: None
Main Agenda
2.1. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing
Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail
Das Schone Filing 3, into the Highline Subdivision made up of two parcels,
Lot 1 (approximately 3.696 acres) and Lot 2 (approximately 0.253 acres),
located at 2211 North Frontage Road West and 2213 Chamonix Ln,
respectively, and setting forth details in regard thereto. (PEC21-0008) 20
min.
Applicant: TNREF I I I Bravo Vail LLC True North Management LLC,
represented by Mauriello Planning Group
Planner: Greg Roy
1. Prior to the Town of Vail providing signatures for the plat, the applicant
shall receive an "Ability to Serve" letter from Eagle River Water and
Sanitation District.
Planner Roy introduced the project, explained the components (easements)
of the plat and the project's history.
No public comment
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
2.2. A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of approximately 2.19 acres from the
Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497
South Frontage Road West and setting forth details in regard thereto.
(PEC21-0009) The legal description of the parcel can be found as an
attachment to the agenda item.
PEC21-0009 and PEC21-0010 will be heard concurrently in this
introductory meeting. Please see PEC21-0010 for the staff memorandum
and related attachments.
Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by
Mauriello Planning Group
Planner: Jonathan Spence
Chairman Kurz introduces items 2.2 and 2.3 as they are connected
applications. Planner Spence gives an introduction to the applications. He
goes over the location, the history, the connection to the Open Lands Plan
updated in 2018, and the environmental concerns with developing this
parcel.
Pratt asks about a reference to a new bus stop being added on the frontage
road and if that has been approved yet.
Spence notes that it is too early in the process to approve that and while
there may be room to install a pull out, we have yet to determine if a bus stop
would work in that location.
Dominic Mauriello, representing the applicant, gives an introduction on their
proposal.
Pete W iechecki of Treeline Multifamily Partners, Ltd, introduces himself and
the intention behind this application.
Dominic goes through a presentation on the parcel. He touches on location,
the proposal, proximity to services, zoning analysis, Vail Land Use Plan,
other lots zoned Housing or have a High Density Residential land use, the
criteria for a zoning map amendment, the Employee Housing Strategic Plan,
and the land use plan amendment criteria.
Gillette asks what is intended to be built on this site.
Dominic says 70% deed restricted and 30% market rate apartments. There
may be childcare or another amenity for the community.
Gillette asks about the Booth Heights rezoning and how in the end they
asked for an environmental report and that should have been done at the
rezoning rather at the end.
Dominic says they had a report for the rezoning at Booth Heights, but Perez
disagrees.
Spence says that the focus should be on if one is necessary with this
application on the table. Asks out whether the Planning Commission would
like one, as they can request specific material as needed.
Gillette asks if there was an environmental report done at the Booth Heights
rezoning, and if another one was done later with the development plan.
Dominic says they did an analysis at rezoning, but did further study as
requested for the development plan later in the process.
Spence adds that Land Use amendment was not done at Booth Heights
which we are looking at with this application. This is the time to look at the
use of the site. Staff firmly believes that any environmental assessment that
needs to be done for the site should be done at this point.
Perez says it is impossible to know what the rezoning effect will be without a
development plan. Perez wants to know what the closest use would be to the
low -medium scale development mentioned in the OLP.
Spence says there are 3 land uses, low, medium, and high density for
residential with different density being the main difference between the
three.
Dominic adds that the Housing district allows PEC to set the standards, so
there is no risk. The PEC can limit it to as much as they believe is allowable
based on a future environmental study.
Spence agrees, except that the land use under the zoning changes the
appropriate uses on the site. If we change the land use to High Density
instead of Park it changes the fundamental approach to the developability of
the parcel.
Gillette wants to go back to review various land use plans and the different
takes from staff and applicant. He would also like some sort of environmental
assessment before making a decision.
Spence asks what he would like to see in that report.
Gillette doesn't want to lead findings by suggesting something but would like
to leave it up to the biologist to give them the environmental concerns that
exist in the area and possible development impacts.
Kurz agrees they should have some sort of environmental study done. He
would like to see Staff work with the applicant on what the scope of a study
should be and that it be done by a 3rd party consultant.
Lockman clarifies that the applicant said there was a mistake done in the
land use plan and asks if staff agrees with that statement.
Spence says staff does not agree it was a mistake. It was zoned Agriculture
back in the 70s and seemed the appropriate use due to proximity of the
Gore Creek and Donovan park. The lots across the creek are a different
use due to other circumstances.
Lockman agrees that the intensity of development is the crux of the
argument and that previous Commissioner's comments are correct. We'd be
going from Park to High-density. This is a big change and would need a
study to understand the impact of the development.
Kurz asks for some indication of density in terms of population. 122 units
with 82k sq. ft of building gives some idea, but how many people are
anticipated. What would the parking plans be? Is there a concern the
Donovan park could begin to function as overflow? Environmental concerns
and Gore Creek protection is big for this application.
Spence reiterates that the site may be suitable for some development but
plans and adopted policies seems to specifically limit the amount of
development.
Pratt adds that there is double the amount of mass and three time the
amount of parking than what was on solar vail. This is a lot for Frontage road
and would like PW to weigh in on the impacts to that road, as it is the
steepest portion of the frontage road.
Spence has spoken with Tom Kassmel, Town Engineer. He believes that
there is room for it and could be accommodated, but the configuration
changes in the road would need further review.
Kjesbo mentions the criteria talks about potential land uses on the site and
existing and potential surrounding land uses as set out in the town's adopted
planning documents being one of the criteria. Past planners and Councils
have talked about potential open space and making sure all the valley isn't
built up and there is still some open space preserved. There is a problem
with taking an environmentally sensitive parcel and developing on it. Focus
shifts and we're hard on housing right now, but we shouldn't lose all of our
open space. Need more information on the SDD in the area and was this
considered on it. The bike path is right there and pristine, what would it look
like with a 4 -story building right there?
Kjesbo agrees with Perez we need a plan. Agrees with Lockman on going
from Park to High Density Residential is a big stretch. Need to do more
notification to let people know of the application. Documents show low to
medium density and this is much different. A lot of concern about adding this
next to Donovan as they will absolutely "poach" parking. Concerned about
losing open space to high-density housing.
Spence states if this would be changed to high-density residential and the
rest of the project does not happen, it would leave this site open to a high
density residential project and would be hard to say no to if this goes from
park to high density.
Gillette asks about the connection of the land use to the SDD
Spence says SDD is connected, but more connected to the zoning which is
set by land use. The SDD amends some of the zoning requirements, but not
uses. The Zoning is determined by the land use underneath.
Dominic adds that developability is based on zoning. The Housing zoning is
set by the PEC and could be limited as appropriate. The risk of not knowing
what the zoning will be does not make a development plan feasible at this
time. Applicant would like to know what the PEC thinks is appropriate
amount for this lot and if the land use is desirable here. An environmental
report is difficult to do without a development plan.
Gillette wants to know the difference between what a development would look
like under low density land use and housing zoning and high density land
use and housing zoning. What would be different.
Spence, low density is generally single-family and duplex development.
Medium density is 4-14 units per acre, with more of an attached product
development. High density is 15 units and above. The size can be the same
with different amount of units inside, which is a greater intensity and greater
impact on the surrounding and facilities.
Gillette says once it is a Housing it is a blank check and it wouldn't matter for
the land use, correct?
Spence says that low density may not work for housing, but medium or high
could be appropriate for that zoning. The underlying land use would help
staff and PEC know what amount of intensity it appropriate when it comes to
density.
Dominic says how solar vail is medium density but did 65 units/acre with the
housing. It is more about how the building fits the site more than units inside
of it. We could call this medium density and do something similar to Solar
Vail in theory.
Kjesbo clarifies that the PEC could find that the Agricultural and Open
Space zoning and Park land use is appropriate and not change the land use
or zoning, correct?
Spence agrees.
Gillette asks if they could do housing on this lot and if so, then why change?
Lockman reiterates this question.
Dominic points out leniency of Housing district development standards
compared to what would be allowed under the current zoning.
Gillette would like a comparison.
Spence says that rezoning or land use sets the table for what could be
proposed. AOS community housing would be much smaller than a project
under the Housing zone district.
Kurz asks for public comment and puts a letter received into the record.
John Rediker is interested in discussion and appreciates the applicant's
concern about doing a development plan prior to surety of a final zoning. He
recognizes the uniqueness of the lot. High density designation on such a
small site is tough. Over 100 units with above ground parking is a large
footprint and at development stage would lead to a lot of bulk and mass.
Standing on the bike path the building would be a big impact with a four
story building stretching the length of the lot. Seeking to change the land use
without the commission understanding the scope and scale of the
development is tough. Agrees with applicant that they can't have an impactful
environmental report without knowing what will be going on the site. At some
point one will be required, and it will affect gore creek with runoff, garage
drains, adequacy of typical drainage prevention.
Susan Bird agrees with Mr. Rediker. She walks this path every day for 45
years and it is a shame to do any development there. We need to embrace
open space. There are other areas for housing and would be disappointed
with any development in this location.
No more public input. Public comment is closed.
Gillette would like to know the ability to do some sort of image of a massing
model to show a potential development on the site.
Dominic believes they could do something of the sort. It sounds like the
Town wants to know impacts of runoff and human impacts in the
environmental report.
Spence asks for clarification on what further information would be required
by the PEC in order to make a decision on these applications.
Gillette says yes, they will need an environmental report. Needs a better
handle on the land use plan and other documents. A deeper analysis on
those relevant plans are necessary. Massing models of different densities
and different setbacks.
Spence clarifies, an environmental analysis and massing analysis. Gillette
agrees. Massing would need to come first and determining massing could
allow for a more accurate environmental report.
Lockman asks about the intent in a comment on the OLP, about if the town
had acquired this parcel what would the town be doing with it?
Spence says we wouldn't know what the application would be but it could be
the same situation with the Town and the applicant. Land use and
environmental impacts aren't affected by ownership. The results and impacts
would be the same.
Spence there is no other document that says this is a developable site
Dominic says there are a lot of documents that say housing should be done
as infill and where possible.
Perez says that we need more information to make a decision.
Spence brings up a point from what the applicant had said earlier, that there
was not a deep dive and that now may be the time to determine the
developability before we make the change in that direction.
Kurz wraps up the comments from commissioners by requesting the
information that were brought forth by the commission.
Karen Perez moved to continue to March 22, 2021. Brian Gillette seconded
the motion and it passed (7-0).
2.3. A request for a recommendation to the Vail Town Council for an amendment
to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process,
Vail Land Use Plan, to change the designation of an approximate 2.19 acre
metes and bounds parcel from Park to High Density Residential, located at
1497 South Frontage Road West, and setting forth details in regard thereto.
(PEC21-00010) The legal description of the parcel can be found as an
attachment to the agenda item. 60 min.
Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by
Mauriello Planning Group
Planner: Jonathan Spence
Karen Perez moved to continue to March 22, 2021. Brian Gillette seconded
the motion and it passed (7-0).
2.4. A request for a recommendation to the Vail Town Council for an amendment
to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process,
Vail Land Use Plan, to change the designation of an approximate 2.3 acre
portion of Tract A, Middle Creek Subdivision, from Open Space to High
Density Residential, and setting forth details in regard thereto. (PEC21-
0004) 2 min.
The applicant has requested this item be tabled to a date uncertain.
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
2.5. A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of approximately 4.47 acres from the
General Use (GU) zoning to Natural Area Preservation (NAP) and
approximately 2.3 acres from Natural Area Preservation (NAP) zoning to
Housing (H) within Tract A, Middle Creek Subdivision, and setting forth
details in regard thereto. (PEC21-0005) 2 min.
The applicant has requested this item be tabled to a date uncertain.
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
2.6. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for subdivision of the existing
Tract A, Middle Creek Subdivision, into two parcels, Tract Al (appro)imately
14.9 acres) and Lot 4 (approximately 2.3 acres), and setting forth details in
regard thereto. (PEC21-0006) 2 min.
The applicant has requested this item be tabled to a date uncertain.
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
3. Approval of Minutes
3.1. February 22, 2021 PEC Results
Brian Gillette moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Abstain: (1) Pratt
4. Adjournment
Brian Gillette moved to adjourn. Karen Perez seconded the motion and it
passed (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
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC:
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City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: Attendance
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 8, 2021
ITEM/TOPIC:
A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for
resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into
the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.696 acres) and Lot 2 (approximately 0.253 acres), located at
2211 North Frontage Road West and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0008) 20
min.
ATTACHMENTS:
File Name
PEC21-0008 Staff Memo (Finah.pdf
Attachment A. Vicinity Map.pdf
Attachment B. Final Plat 2-24-2021.pdf
Attachment C. Applicant Narrative.pdf
Description
PEC21-0008 Staff Memo
Attachment A. Vicinity Map
Attachment B. Final Plat 2-24-2021
Attachment C. Applicant Narrative 2-8-2021
TOWN OF
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 8, 2021
SUBJECT: A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing
Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das
Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1
(3.696 acres) and Lot 2 (0.253 acres), located at 2211 North Frontage Road
West and 2213 Chamonix Lane, respectively, and setting forth details in regard
thereto. (PEC21-0008)
Applicant: TNFREF III Bravo Vail LLC, represented by Mauriello Planning
Group
Planner: Greg Roy
SUMMARY
The applicant, TNREF III Bravo Vail LLC, represented by Mauriello Planning Group, is
requesting the review of a Minor Subdivision, pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to allow for a resubdivision of the existing Tract C, Lot 1,
Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into
the Highline Subdivision made up of two parcels, Lot 1 (3.696 acres) and Lot 2 (0.253
acres), located at 2211 North Frontage Road West and 2213 Chamonix Lane,
respectively.
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 in
Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant is requesting to subdivide the existing parcel into two separate lots in
accordance with the approval of the Major Exterior Alteration application that was
approved on April 13th, 2020. The current lot lines will be vacated and the new
subdivision will create Lot 1 and Lot 2. Lot 1 will consist of the hotel building and
associated improvements while Lot 2 will be the site for the future employee housing
(EHU) building. There are several easements being added including on the eastern
boundary for the proposed stairway to connect the parking on Lot 1 to the front of the
EHU building and the new six foot (6') pedestrian easement along the eastern property
line for a future pedestrian walkway.
The plat also creates a parking easement between the two properties for the sixteen
(16) parking space for the EHU building to be located on Lot 1. There is also a roadway
access easement in the northeast corner to allow for the portion of Chamonix Lane that
crosses the property line.
The graphic below shows the existing property boundary (blue) with the proposed new
property line (orange):
Town of Vail Page 2
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A Vicinity Map (Attachment A), Final Plat 2-24-2021 (Attachment B), and Applicant
Narrative 2-8-2021 (Attachment C) have been attached for review.
III. BACKGROUND
E
W.
Town of Vail Page 3
In 1980, the hotel was built under Eagle County jurisdiction and was annexed into the
Town of Vail per Ordinance No. 43, Series 1980 and the zoned Commercial Core 3
(CC3) within the required ninety days. The Ordinance was later overturned by the
Colorado Court of Appeals due to a lack on contiguity. It was then annexed again with
Ordinance No. 1, Series 1986 and was again zoned CC3 with Ordinance No. 10, Series
of 1986.
The major exterior alteration, rezoning, and special development district applications
were discussed before the PEC as part of a work session on December 9th, 2019. The
Design Review Board also reviewed a conceptual application on December 18th, 2019.
The applications were scheduled to be heard on March 23rd but were tabled to the April
13th meeting. On April 13th the PEC approved, with conditions, the major exterior
alteration and made recommendations of approval to the Town Council for the rezoning
and special development district applications.
The Vail Town Council approved on second reading both the rezoning and new SDD on
June 16, 2021
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds the following provisions of the Vail Town Code relevant to the review of this
proposal:
Title 13 — Subdivision Regulations, Vail Town Code
Chapter 1, General Provisions (in part)
13-1-2: PURPOSE.-
A.
URPOSE:
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
Town of Vail Page 4
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.
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. 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
Town of Vail Page 5
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)
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.
Town of Vail Page 6
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
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
Town of Vail Page 7
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
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
Town of Vail Page 8
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.
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.-
Town
ollows:
Town of Vail Page 9
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 13-3-68 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
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.
V. ZONING AND SITE ANALYSIS
Addresses: 2211 North Frontage Road West/Lot 1 (proposed)
and 2213 Chamonix Lane /Lot 2 (proposed)
Legal Descriptions: Highline Subdivision A Resubdivision of Tract C, Lot
1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and
Lot 1, Vail Das Schone Filing 3 (proposed)
Zoning: Public Accommodation 2 (PA -2)/ Special
Development District (SDD)
Town of Vail Page 10
VI.
Land Use Plan Designations
Current Land Uses:
Geological Hazards:
View Corridor:
Community Commercial
Hotel
Moderate Hazard Debris Flow
None
Development
Allowed /
Standard
Required
proposed
Lot 1
Site Area
10,000 SF of
3.696 Acres
buildable area
Enclosed Area
80'x80'
Complies
Density (DUs)
25 DUs/Acre
Complies
Lot 2
Site Area
10,000 SF of
0.253 Acres or 11,021
buildable area
SF
Enclosed Area
80'x80'
Complies*
Density (DUs)
25 DUs/Acre
Complies
*Deviation was received through the approved SDD No. 43 Highline DoubleTree
SURROUNDING LAND USES AND ZONING
Existing Land Use:
North: Medium Density Residential
South: 1-70
East: Retail
West: Retail/Office
Chamonix Master Plan
VII. REVIEW CRITERIA
Zoning District:
Two -Family Primary/Secondary (PS)
None
Community Core 3 (CC3)
Community Core 3 (CC3)
Housing
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 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, one of the
goals of the Vail Land Use Plan is applicable to this subdivision.
Town of Vail Page 11
Goal 1. 12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
The proposed minor subdivision will allow infill development by creating another
developable parcel on a piece of property that is currently developed.
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
As proposed, the two (2) lots meet the applicable development standards for the
Public Accommodation 2 (PA -2) District and Special Development District No. 43
Highline DoubleTree. The only deviations from the requirements of the PA -2 district
were reviewed and allowed under the SDD No. 43 Highline Doubletree.
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 proposed shared property line splits the parcel into two lots that are
respective of the propose uses on the site and do not create any undue burden on
either lot. Easements are put in place with this subdivision to allow access and
parking between the lots for a harmonious, convenient, and workable relationship.
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 subdivision creates a lot
line that separates two proposed uses. As these two lots were approved as one
development lot and share zoning regulations, there is no interior setback so there is
no loss of developable area with the added lot line. This change will have no effects
on future development in the surrounding area.
Staff finds the proposed subdivision meets this criterion.
Town of Vail Page 12
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 lot is already developed and is only separating the proposed
uses on the existing lot. The subdivision allows for infill development that will lessen
the appearance of any "leapfrog" pattern that may exist today.
Staff finds the proposed subdivision meets this criterion.
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
A condition of approval has been added that the applicant receive an "Ability to
Serve" letter from Eagle River Water and Sanitation District (ERWSD). This is the
process by which the applicant works with ERWSD to appropriate water rights for
the proposed new lot. Staff finds that the proposed subdivision is currently 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 provides for the growth of an orderly viable
community and serves the best interests of the community as a whole. The
proposed uses on these lots have previously be reviewed and approved by both the
PEC and Town Council through the Major Exterior Alteration and Special
Development District application processes. The Commission and Council found
those uses, and the contemplated subdivision to be in line with the community's
goals 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
Town of Vail Page 13
Staff finds that the proposed subdivision will not result in any adverse impacts to
natural environments, including, but not limited to, water quality, air quality, noise,
vegetation, riparian corridors, and other desirable natural features. The site is
currently a developed parcel and will not result in adverse impacts on the natural
environment.
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
recommends approval, with a condition, of a final plat pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C,
Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3,
into the Highline Subdivision made up of two parcels, Lot 1 (3.696 acres) and Lot 2
(0.253 acres), located at 2211 North Frontage Road West and 2213 Chamonix Lane,
respectively, 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, with a condition, the
applicant's request for a final plat, pursuant to Title 13, Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot
1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3,
into the Highline Subdivision made up of two parcels, Lot 1 and Lot 2, located at
2211 North Frontage Road West and 2213 Chamonix Lane, respectively, and setting
forth details in regard thereto."
Condition.-
Prior
ondition:
Prior to the Town of Vail providing signatures for the plat, the applicant shall
receive an "Ability to Serve" letter from Eagle River Water and Sanitation District.
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 VII of the March 8, 2021 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds.-
Town
inds:
Town of Vail Page 14
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
B. Proposed Final Plat 2-24-2021
C. Applicant Narrative 2-8-2021
Town of Vail Page 15
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Mauriello Planning Group
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Submitted to the Town of Vail:
February 8, 2021
Consultant Directory
Developer/Owner
Mark Mutkoski
TNREF III Bravo Vail, LLC
% True North Management Group, LLC
10 Bank Street, 12 Floor
White Plains, NY 10606
mmutkoski@tninvestors.com
Project Manager/Owner Representative
Michael O'Connor
Triumph Development
12 Vail Road, Suite 700
Vail, CO 81657
970.688.5057
michael@triumphdev.com
Planning and Entitlements
Dominic Mauriello
Mauriello Planning Group
PO Box 4777
Eagle, CO 81657
970-376-3318
dominic@mpgvail.com
Surveying
Sean Fletcher
Inter -Mountain Engineering
PO Box 978
Avon, CO 81620
970-949-5072
sfletcher@inter-mtn.net
Highline Subdivision 2
Introduction
Highline, a DoubleTree by Hilton, is requesting an application for subdivision, which is the next
step in the process to facilitate the construction of a mixed-use project located at 2211 N.
Frontage Rd. West in Vail. The Town of Vail previously approved a Rezoning from CC3 to PA2,
an SDD, and Major Exterior Alteration for the property. This proposed subdivision allows for
the employee housing property to be under separate ownership from the hotel property. In
addition, the purpose of the proposed subdivision is to vacate existing lot lines within the site,
and establish appropriate easements for the property.
Specifically, the purpose of the subdivision is to vacate Lots 1, 2, 3, and Tract A of Vail Das
Schone Filing No. 1 and Lot 1 of Vail Das Schone Filing No. 3. Additionally, the plat will vacate
the condominium map for the Apex Condominiums (2004). The subdivision then creates Lots 1
and 2, Highline Subdivision.
.�. ..is .
K
f off"
k- "
V�'
The plat also provides a 6 foot wide pedestrian easement along the east property to
accommodate a future paved pedestrian path, a roadway easement to allow for a portion of
Chamonix Lane that encroaches on the applicant's property, and a access easement to allow
access through Lot 2 for the benefit of Lot 1 to allow pedestrian access on a stairway leading
Highline Subdivision 3
from the parking area of the hotel to Chamonix Lane. The proposed plat is consistent with the
approved SDD.
The Highline SDD was adopted by Ordinance No. 4, Series of 2020. For reference, the
Highline SDD allows for the following:
176 AUs with approximately 32,555 sq. ft. of net new GRFA
19 LSLUs with approximately 20,050 sq. ft. of GRFA
12 employee housing bedrooms within a dormitory space with approximately 4,400 sq.
ft. of floor area
15 employee housing units (1, 2, and 3 bedroom units) with approximately 13,502 sq. ft.
of floor area (located on proposed Lot 2)
208 total parking spaces (39 net new parking spaces, 48 of which are enclosed)
Public Benefits of the Project:
r1 Employee housing far in excess of requirements, all on-site and near the major
employment center, addressing one of the documented critical needs of the Town (The
proposal generates the need to house 9.5 employees and the project well exceeds this
requirement)
All EHUs are highly functional and livable dwellings within the employment center of
Vail for single and/or double occupancy
15 Type 3 EHUs, not required as mitigation, are proposed as a benefit of the project
Redevelopment of an infill site in the Town of Vail as suggested by the Vail Land Use
Plan
Economic vitality and
enhanced public and
private revenues to Town
as a result of new
lodging facilities and
locals housing
Improving the Town's
hotel bed base
New community
sidewalk along
Chamonix Road along
the Highline frontage
improving neighborhood
accessibility to and from
the commercial areas
i 001441bla 2
Highline EHU Building
Highline Subdivision 4
Zoning Analysis
Existing Site:
Location: 2211 N. Frontage Rd. West / VAIL DAS SCHONE FIL 3 Block: A Lot: 1
THRU:- Lot: 3, Subdivision: VAIL DAS SCHONE FIL 3 Lot: 1 VAIL DAS
SCHONE 1 PT OF TR C VAIL DAS SCHONE 1
Lot Size: 3.95 acres / 172,047 sq. ft.
Zoning: SDD with underlying zoning of Public Accommodation 2 (PA2)
Proposed Subdivision:
Location: 2211 North Frontage Road West / Lot 1, Highline Subdivision
2213 Chamonix Lane / Lot 2, Highline Subdivision
Lot Size: Lot 1 - 3.696 acres / 161,012 sq. ft.
Lot 2 - 0.253 acres / 11,037 sq. ft.
Zoning: SDD with underlying zoning of Public Accommodation 2 (PA2)
Highline Subdivision 5
Criteria for Review: Minor Subdivision
A minor subdivision is reviewed under the criteria listed under Section 13-3-4 COMMISSION
REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS, Vail Town Code. Each
criterion is listed below, along with the applicant response to the criteria:
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;
APPLICANT RESPONSE: The property is discussed in the Vail Land Use Plan. Other
applicable plans include the Vail 20/20 Plan and the Housing Strategic Plan, all of which are
described below:
• Vail Land Use Plan
The adopted map of the Vail Land Use Plan shows a designation of "Community
Commercial" for the majority of the property.
LAND USE DESIGNATIONS
0 Hils,de Residential
Transition A—
L— Deredy Resio ntial
Pudlicl SemlPrdAic
Median Density RwdeMial
Ski Base
High Density Residemid
Park
0 Resort A=nnnvdatims ar Sercices
Open Space
Community Office
Nat Designated
Village Masts Plan
iIF Ski Portal
LionsHead Ren--iopmew Master Plan
- C— pC--i.C--i.1�f
� Gore Greek
Town Boundary
are\ Yo\ \ Y
Per the Vail Land Use Plan of 1986, this area was designated to be Community
Commercial. (See Vail Land Use Plan, Chapter VI - Proposed Land Use).
This area includes activities aimed at accommodating the overnight and short-
term visitor to the area. Primary uses include hotels, lodges, service stations, and
parking structures (with densities up to 25 dwelling units or 50 accommodation
units per buildable acre). These areas are oriented toward vehicular access from
1-70, with other support commercial and business services included. Also
Highline Subdivision 6
allowed in this category, would be institutional uses and various municipal uses."
(Vail Land Use Plan pg. 25)
This new category has been designated for the West Vail commercial area,
which is primarily oriented to serve the needs of the permanent resident and the
long-term visitor. Because the community expressed the desire to concentrate
commercial uses within existing commercial nodes, no new commercial areas
have been designated. The CC land use area contains 24 acres or 1% of the
land area. " (Vail Land Use Plan pg. 28). The intention of the Preferred Land
Use Plan was to "...reflect[s] a balancing of existing conditions, community
opinion, opportunities and constraints, and projected growth demands.
The Vail Land Use Plan provides the following Goals and Objectives that are applicable
to this proposed subdivision:
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and
the permanent resident.
1.2. The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the Urban
Design Guide Plan.
1.5. Commercial strip development of the Valley should be avoided.
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in areas
that are not highly visible from the Valley floor. New projects should be carefully
controlled and developed with sensitivity to the environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.12. Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
1.13. Vail recognizes its stream tract as being a desirable land feature as well as its
potential for public use.
5. Residential
Highline Subdivision 7
5. 1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.2. Quality time share units should be accommodated to help keep occupancy
rates up.
5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.4. Residential growth should keep pace with the market place demands for a full
range of housing types.
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
• Vail 20/20 Plan
The Vail 20/20 Plan provides the following goals:
Provide for enough deed -restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development.
The Town of Vail recognizes the need for housing as infrastructure that promotes
community, reduces transit needs and keeps more employees living in the town,
and will provide for enough deed -restricted housing for at least 30 percent of
the workforce through policies, regulations and publicly initiated development.
• Employee Housing Strategic Plan
The Employee Housing Strategic Plan outlines the Town of Vail's goals and policies to
ensure employee housing. It provides the following objectives:
The Town of Vail adopted the Employee Housing Strategic Plan in 2016, recognizing
the difficulties that Town faced in ensuring the availability of housing for Vail residents.
The plan provided one goal:
The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions
by the year 2027.
It further states:
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
Highline Subdivision 8
By virtue of the occupancy requirements of the deed restrictions, the Town of Vail
does not need to own resident homes to forward its mission of maintaining and
sustaining community.
Title to real estate can change ownership often. Once recorded, a deed restriction
transfers with the title and survives changes in ownership over time, thus assuring
long term resident housing.
This proposed subdivision helps to further the goal of the Town of Vail to provide deed -
restricted housing for 30% of the workforce. This property creates an exciting opportunity
to create new housing stock in an area that provides services and transportation within
walking distance. This allows Vail to remain economically competitive in attracting and
maintaining a quality workforce.
The proposed subdivision, as documented with the approval of the SDD and zone change
applications, is consistent with the goals and objectives of the various Town of Vail planning
documents and helps to further four of Vail's critical goals: creating employee housing
within the Town of Vail boundaries to ensure that Vail remains economically competitive;
maintaining and increasing the Town's lodging bed base to increase revenues and improve
the vitality of the Town's economy; to increase occupancy and vitality in the shoulder
seasons by providing new conference space; and promoting infill development within the
Town.
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;
APPLICANT RESPONSE: The proposed subdivision allows for the employee housing site to
be under separate ownership from the Highline property. However, for the purposes of
zoning, both properties are subject to the approved SDD No. 42. The proposed
subdivision is consistent with the standards to Title 12 and with the approved SDD, and
therefore complies with this criterion.
3. The extent to which the proposed subdivision presents a harmonious, convenient,
workable relationship among land uses consistent with municipal development
objectives;
APPLICANT RESPONSE: This property sits on the edge between the West Vail Commercial
Center and multi -family residential properties. The West Vail Commercial Center consists
of commercial uses designed to meet the needs of locals and guests alike. When moving
between commercial zoning and residential zoning, it is important to consider a transition
that provides a harmonious, convenient, and workable relationship among the existing land
uses. Just like the existing hotel, the proposed hotel and employee housing will provide
Highline Subdivision 9
such a transition and will continue to be compatible and complimentary to the other uses
within the area. Given the location and adjacency of two zone districts types (commercial
and residential), a hotel and workforce housing such as this provide an obvious transition
and present a harmonious, convenient and workable relationship between these land uses.
The proposed subdivision, as documented with the approval of the SDD and zone change
applications, furthers three major development objectives:
• Provision of employee housing
• Encourage the preservation and expansion of the Town's lodging bed base
• Encourage the development of conference facilities to address generation of revenues
during the slower shoulder seasons
As a result, the proposal is consistent with this criterion.
4. The extent of the effects on the future development of the surrounding area;
APPLICANT RESPONSE: Highline is adjacent to the 1-70 and North Frontage Road corridor
to the south of the property. It provides a transition between the West Vail commercial core
to its east, commercial to the west, and residential to the west and to the north. The Vail
Land Use Plan expressed a desire to concentrate commercial uses in designated locations.
The Highline provides lodging to overnight guests, while the EHU units provide the
desirable transition from Commercial uses to Residential uses (which are to the north and to
the west of the property).
Highline Subdivision 10
The approved uses are compatible with the surrounding residential uses to the north and
west and the commercial uses to the east and the west as was determined with the
approval of the SDD and zone change last year. The proposed EHU structure is similar in
scale and mass to the Chamonix Townhouses and other multi -family buildings in the area.
As a result, the proposed subdivision is compatible with the surrounding area and is
consistent with 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;
APPLICANT RESPONSE: The proposed subdivision, along with the already approved SDD
and zone change, are located within the established commercial and residential center of
West Vail. This area is well -served by public services, including fire, police, and ambulance
services. As an infill development, this subdivision is the opposite of "leapfrog"
development, because it is located in an area where services and public facilities already
exist, and no duplication or premature extension is necessary. The proposed subdivision
therefore complies with this criterion.
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;
APPLICANT RESPONSE: As an infill site, impacts to utilities are minor. Utility service is
currently provided to the property. The proposed subdivision complies with 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;
APPLICANT RESPONSE: The proposed subdivision is the final implementation of the
Town's approval of the Highline SDD. The SDD allows for the redevelopment of the
Highline hotel and the creation of employee housing within a major commercial center of
the Town of Vail. This proposed subdivision therefore complies with 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;
APPLICANT RESPONSE: The proposed subdivision does not adversely impact the natural
environment. The site is currently largely developed and any environmental impacts the
may have occurred did so decades ago. As evidenced in the EIR provided from the review
Highline Subdivision 11
of the SDD, there is limited to no impacts on water quality, air quality, noise, vegetation,
riparian corridors, hillsides, or other desirable natural features.
9. Such other factors and criteria as the commission and/or council deem applicable to
the proposed subdivision.
APPLICANT RESPONSE: Any additional information requested from the Planning and
Environmental Commission or Town Council can be provided by the applicant.
Highline Subdivision 12
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 8, 2021
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS)
zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The
legal description of the parcel can be found as an attachment to the agenda item.
PEC21-0009 and PEC21-0010 will be heard concurrently in this introductory meeting. Please see PEC21-0010 for the staff
memorandum and related attachments.
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 8, 2021
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from
Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. (PEC21-
00010) The legal description of the parcel can be found as an attachment to the agenda item. 60 min.
ATTACHMENTS:
File Name
Introductory Staff Memo.pdf
Description
Staff Memorandum
Attachment A. Legal Notice with metes and bounds parcel description.pdf Attachment A. Legal Notice with metes and bounds parcel description
Attachment B. Vicinity Map.pdf Attachment B. Vicinity Map
Attachment C. Applicant's Narrative February 8 2021.pdf Attachment C. Applicant's Narrative, February 8, 2021
Attachment D. Survey Set February 8 2021.pdf Attachment D. Survey Set, February 8, 2021
0) rowN of vain
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: March 8, 2021
Subject: A request for a recommendation to the Vail Town Council for an amendment to the
Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use
Plan, to change the designation of an approximate 2.19 acre metes and bounds
parcel from Park to High Density Residential, located at 1497 South Frontage
Road West, and setting forth details in regard thereto. (PEC21-0010) (Please see
attached legal notice for legal description)
and
A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open
Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West
and setting forth details in regard thereto. (PEC21-0009) (Please see attached
legal notice for legal description)
Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group
Planner: Jonathan Spence
I. SUMMARY
The applicant, Vail Hotel Partners LLC, represented by Mauriello Planning Group, is
requesting a recommendation to the Vail Town Council for two (2) applications These
two applications, an amendment to the Vail Land Use Plan and a zone district boundary
amendment, will prepare the property for a future development plan application in the
Housing (H) District.
This memorandum and the associated public hearing are intended to introduce the
project and its components. This will also serve as an opportunity for the Planning and
Environmental Commission to request additional information and for the public to
provide comment. As this is an introductory meeting, no request for recommendations
or actions is made. As such, staff has provided the associated review criteria for each
application but have withheld analysis until a future meeting.
Staff recommends that the Planning and Environmental Commission continues these
applications to the March 22nd meeting date.
II. DESCRIPTION OF THE REQUESTS
Vail Land Use Map Amendment.
This application proposes to amend the Vail Land Use Plan for the subject property to
change the land use designation from Park to High Density Residential. The proposed
new land use designation of High Density Residential is designed for multi -floor
residential uses in excess of 15 dwelling units per acre. The Middle Creek Village
Apartment development has a designation of High Density Residential while the Solar
Vail Apartment development has a designation of Medium Density Residential. This
application, in addition the rezoning application (PEC21-0009), are necessary to provide
the regulatory framework for a future housing development application. Please see
Section VII regarding the appropriateness of the proposed designation.
Zone District Boundary Amendment:
Vail Hotel Partners request the PEC forwards a recommendation to the Vail Town
Council to rezone the subject parcel from the Agricultural and Open space (A) to the
Housing (H) zone district. The basis for a recommendation is this amendment to the Vail
Land Use Plan and the 2018 Open Lands Plan that recognized the potential for housing
on this site.
Please find attached for review:
A. Legal Notice with metes and bounds parcel description
B. Vicinity Map
C. Applicant's Narrative, February 8, 2021
D. Survey Set, February 8, 2021
III. BACKGROUND
The subject property is a 2.19 acre parcel located just to the east of the Donovan Park
Complex. The property is adjacent to the Gore Creek (Designated Streamtract) and is
encumbered by a 15' pedestrian and bike easement in addition to a number of utility
easements along the Frontage Road portion of the site. The site contains limited areas
of steep slopes resulting from the 1-70 construction. The floodplain associated with Gore
Creek is largely channelized in this area with minimal impact to the property.
The earliest record of this metes and bounds property in the records of the Eagle
County Clerk and recorder was a transfer in 1967 from the Mansfield Corporation to the
American Mission of the Lutheran Church who held the property until purchased by The
Cascade Club Ltd. in 1984. Because of its inclusion within the Cascade Club Resort
ownership, if was often thought to share the zoning designation of Special Development
District with the larger Cascade property. Although under common ownership (now the
Grand Hyatt), this is a separate and distinct parcel with its own zoning and land use
classifications. Another possible incorrect assumption was that the parcel was an
extension of Donovan Park, which may explain the classification of Park on the Vail land
Use Plan. The graphic below shows the general location of the parcel:
IV. APPLICABLE PLANNING DOCUMENTS
Town of Vail Land Use Plan Process
The Town of Vail Land Use Plan was adopted on November 18, 1986, with the
purpose of articulating land use goals and guiding future decisions regarding land use
within the Town. Accompanying the Plan is a map which identifies in a spatial
format the location of the Land Use Categories identified in the Plan.
Pursuant to Section 8-3, Amendment Process, of the Town of Vail Land Use Plan, the
amendment process is one which is intended to assure the Plan's effectiveness
with periodic updates to reflect current thinking and changing market conditions. The
process includes amendments which may be initiated in any of the following three ways:
A. By the Community Development Department
B. By the Planning and Environmental Commission or Town Council
C. By the private sector
For those requests initiated by the private sector, the following process shall be
followed:
1. Make application with the Community Development Department. Applications
may be made by either a registered voter, a property owner or a property
owner's authorized representative. Such application may be made at any time.
2. Such applications will then be considered at a meeting with the PEC. At the
Planning and Environmental Commission hearing, a recommendation shall be
made to the Town Council, whereupon a decision shall then be rendered. To
change the Plan by this procedure, it will be the responsibility of the applicant
to clearly demonstrate how conditions have change since the Plan was
adopted, how the Plan is in error or how the addition, deletion or change to
the Plan is in concert with the Plan in general. Such decisions may include
approval, approval with conditions or denial. Amendments maybe requested
for change to the goals and policies and/or Land Use Plan Map. If such
request is approved, such change shall be made to the Plan document and/or
map. If such request is denied, no such request that is substantially the same
as that previously denied shall be considered for a period of one year.
Staff believes that the following provisions of the Town's Comprehensive Plan are
relevant to the review of this proposal. These documents identity the policy goals of the
community and should be weighed against the proposed Master Plan to determine if the
Plan is helping to advance the community's priorities:
VAIL TOWN COUNCIL ACTION PLAN 2018-2020
Our Mission - Grow a vibrant, diverse economy and community and preserve our
surrounding natural environment, providing our citizens and guests with exceptional
services and an abundance of premier recreational, cultural and educational
opportunities.
Community - Engage our community in honoring social, recreational, cultural, and
educational values that will guide sustainable strategies throughout our neighborhoods
as the foundation of our town's continued success. Ensure that our citizens are afforded
the opportunity to live and thrive in our community.
• Housing as necessary infrastructure to our community
Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of
our resort competitors.
• Update long range strategic plans to enhance competitiveness of the Town of Vail
Experience - Deliver on the promise, "Vail. Like nothing on earth" that also supports
'Preserving our natural environment".
Excellent municipal services
Convenient, efficient, and safe parking and transportation venues
Sustainability - Balance our economic, environmental, and social needs to deliver a
sustainable community.
• Strategic implementation of environmental programs
• Excellent stewardship by monitoring and maintaining our natural environment
• Climate action to achieve reduction of greenhouse gas emissions
• Reduce the environmental impact of transportation
• Explore and encourage sustainable building practices
VAIL HOUSING 2027
Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive,
vibrant and sustainable mountain resort community where year-round residents are
afforded the opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and economic
well being. We create housing solutions by recognizing and capitalizing on our unique
position as North America's premier international mountain resort community in order
to provide the highest quality of service to our guests, attract citizens of excellence and
foster their ability to live, work, and play in Vail throughout their lives.
Our strategic solutions and actions result in the retention of existing homes, creation of
new and diverse housing infrastructure, and collaboration with community partners. For
Vail, no problem is insurmountable. With a consistent, community -driven purpose and
an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for
the 21 st century. The Town is well positioned financially to undertake this significant
challenge.
Mission: Maintaining and Sustaining Community - We create, provide, and retain high
quality, affordable, and diverse housing opportunities for Vail residents to support a
sustainable year round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our residents have a
place to live in Vail
Policy Statement: Resident Housing as Infrastructure - We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.
VAIL LAND USE PLAN
CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.-
The
OLICIES:
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and
the permanent resident.
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in areas
that are not highly visible from the Valley floor. New projects should be carefully
controlled and developed with sensitivity to the environment.
1.10 Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for
public use.
1.12. Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.4. Residential growth should keep pace with the market place demands for a full
range of housing types.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
Land Use Categories
The Vail Land Use Plan contains a number of land use classifications for commercial,
resort and residential uses. The Three most applicable to this parcel are the low, medium
and high density classifications, as shown below.
LDR Low Density Residential
This category includes single-family detached homes and two-family dwelling units. Density of
development within this category would typically not exceed 3 structures per buildable acres.
Also within this area would be private recreation facilities such as tennis courts, swimming pools
and club houses for the use of residents of the area. Institutional/ public uses permitted would
include churches, fire stations, and parks and open space related facilities.
MDR Medium Density Residential
The medium density residential category includes housing which would typically be designed as
attached units with common walls. Densities in this category would range from 3 to 14 dwelling
units per buildable acre. Additional types of uses in this category would include private
recreation facilities, private parking facilities and institutional / public uses such as parks and
open space, churches and fire stations.
HDR High Density Residential
The housing in this category would typically consist of multi -floored structures with densities
exceeding 15 dwelling units per buildable acre. Other activities in this category would include
private recreational facilities, and private parking facilities and
2018 OPEN LANDS PLAN UPDATE
The subject parcel is referenced three times in the 2018 update to the Open Lands
Plan. These references include in Chapter 3 -Town -Owned Lands and Use of Lands:
FALISA TENNIS COURTS
Tennis courts for the Talisa Hotel are located on this 3 acre site. The site is located immediately
adjacent to Donovan Park. If in the future the hotel is interested disposal of this land, the Town
could consider acquisition for a low to medium density workforce housing. The design of a
housing project must be sensitive to the Gore Valley Trail and the Gore Creek
corridor. Refer to Action Item #9 in Chapter 5.
There is an additional reference in Chapter 5 -Action plan:
ACTION ITEM #9
Purpose — Public facility/park expansion or workforce housing project.
Action — Acquire parcel
Other Information — This 3.0 acre parcel has three tennis courts that are owned and
managed by the Hotel Talisa ownership group. In the event the ownership group
were interested in disposing of this parcel, the Town's acquisition could allow for the
development of a small workforce housing development or expansion of Donovan
Park. Refer to Chapter 3 - Town Owned Lands and Use of Lands for more
information.
And finally, the parcel is referenced in the Action Plan Matrix included with the Open Lands Plan
as an Appendix.
This matrix includes the Action Item #, description and ownership in addiion to action item
objective and recommened action. For this parcel, the action was to acquire the parel and the
objective was for the protection of sensitive lands.
Please find a link to the entire 2018 Open Lands Plan Update below:
https://www.vailciov.com/Portals/0/docs/communitv%20development/pec-sets/OLP-
20181023.pdf
V. SURROUNDING LAND USES
VI. REVIEW CRITERIA
Vail Land Use Plan Amendment
Zoning
CDOT
Streamtract Designation
SDD #4 (Cascade Village)
General Use (GU)
Before acting on a proposed amendment to the Vail Land Use Plan Map, pursuant to
Section 8-3, Amendment Process, Vail Land Use Plan, the Planning and Environmental
Commission and Town Council shall consider the following factors with respect to the
proposal:
A. Have conditions changed since the plan was adopted?
B. Was the plan in error in respect to the delineation on the Land Use Map?
C. Is a revision to the plan in concert with the plan, in general?
Land Uses
North:
South Frontage Road
South:
Streamtract
East:
Residential
West:
Donovan Park
VI. REVIEW CRITERIA
Vail Land Use Plan Amendment
Zoning
CDOT
Streamtract Designation
SDD #4 (Cascade Village)
General Use (GU)
Before acting on a proposed amendment to the Vail Land Use Plan Map, pursuant to
Section 8-3, Amendment Process, Vail Land Use Plan, the Planning and Environmental
Commission and Town Council shall consider the following factors with respect to the
proposal:
A. Have conditions changed since the plan was adopted?
B. Was the plan in error in respect to the delineation on the Land Use Map?
C. Is a revision to the plan in concert with the plan, in general?
Zone District Boundary Amendment
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the Planning and Environmental Commission
shall consider the following factors with respect to this proposal:
1. The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town.
2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land uses
as set out in the town's adopted planning documents.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment serves
the best interests of the community.
5. The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides, and other desirable natural
features.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted and is
no longer appropriate.
8. Such other factors and criteria as the commission and/or council deem applicable
to the proposed rezoning.
VII. DISCUSSION ITEMS
As alluded to in the applicant's narrative, these first two applications are part of a group
of applications necessary to prepare the site for future housing development. Because
the prescriptive nature of many of the development standards in the Housing (H) Zone
District, the form and density of the future development is largely unknown at this time.
The applicant has stated in the provided narrative that approximate development
parameters at this time include 122 residential units and enclosed parking at a one
space per unit ratio. The project would consist of a single building four stories in height
along the Frontage Road stepping down to three stories closer to Gore Creek. The
proposed density equates roughly to 66 units per acre. By comparison the Lions Ridge
Development is 22 units per acre while the Middle Creek Housing Development is
approximately 30 units per acre. Density in and of itself is not an accurate barometer of
development intensity as it does not take into account surface versus structures parking
or unit size.
Staff including member of Town's Environmentally Sustainability Department have
identified the following for additional discussion:
Proposed Amendment to the Future Land Use Plan and Rezoning.
The application proposes to change the designation of the subject parcel on the Future
Land Use Map from Park to High Density Residential. At this time, based on the
adopted 2018 Open Land Use Plan (OLP), staff does not find support for this dramatic
swing in intensity of use and development. The three references to this parcel in the
OLP have a common theme that knits the references together. This theme is that is the
use of the property were to change, a small to medium density workforce housing
development with sensitivity to the Gore Creek corridor and the Gore Valley Trail is the
most appropriate development scenario. The designation of high density residential with
densities more than 15 unit per acre is inconsistent with this guiding document.
The preferred development scenario was based on an analysis of the property through
the 2018 OLP process. Environmental concerns related to intensity of development
were key factors in the recommendation. A rezoning to Housing could be consistent
with a change to any residential designation on the Land Use Map due to the lack of
prescriptive standards in the district. This rezoning would require significant direction to
potential developers regarding appropriate density. The Housing (H) District does allow
not restricted units to account for up to 30% of the floor areas as conditional use to
assist in subsidizing the development. Due to the limited number of units that may be
realized on this site, unrestricted units may not be appropriate. An alternative to a
rezoning could be a Special Development District utilizing the existing underlying zoning
as EHUs are a permitted use.
Environmental Concerns
Any proposed development on this parcel must be sensitive to its location and should
not be counter to the goals of the Gore Creek Strategic Action Plan (Plan). The Plan
recommends a three -zone buffer framework for properties adjacent to the Creek. Under
the framework outlined in the Plan this parcel should fall into Zone 2 which, "should
include low impact uses like parks and bike paths, ideally constructed with pervious
materials and associated LID/green BMPs that minimize surface runoff and promote
infiltration of snowmelt and precipitation." (Page 33). Under Best Management
Practices, the first recommendation in the Plan is "Reduce Runoff and Erosion" by
establishing "Design standards that reduce runoff volumes and speeds by maximizing
pervious areas and infiltration capacity; minimize connections between impervious
areas" (Page 26).
The establishment of a substantial area of impervious surface just across the bike path
from Gore Creek will have impacts on the creek that run counter to the objectives of the
Plan and would undermine the success of riparian restoration projects and stormwater
treatment projects the town has completed on parcels adjacent to the one in question.
The Town has worked diligently over the last 5 years to restore riparian areas damaged
by foot traffic down to Gore Creek. Locating a large number of residences adjacent to
those riparian restoration efforts will likely lead to reestablishment of those recently
rehabilitated social trails and associated erosion.
Based on conversations with the Town Engineer, as this project is adjacent to Gore
Creek and the Gore Creek 100 year floodplain, it would be beneficial to the project and
to Gore Creek if the project was prohibited from having a finished floor elevation below
the Base Flood Elevation (BFE) of the 100 year floodplain. A finished floor elevation
and/or significant excavation below the BFE will likely require significant dewatering;
which due to its location adjacent to Gore Creek, will more than likely default to a
continuous cyclical effort to dewater the creek bed and then discharge the same water
back into creek bed. An on-going effort that is likely costly and potentially impactful to
the creek.
Future Development Plan
Although not under review today, the next step following a successful completion of the
Vail Land Use Plan amendment and the rezoning will be a development plan. The
development plan will detail the projects specifications, proposed development
standards and general mass and scale. Items of special interest may include:
A. Adequate separation of future building and programming from recreational
path and easement.
B. Adequate outdoor space for residents on both a per unit basis (decks/patios)
and in general (picnic and play areas). There is a concern due to the
proximity of Donovan Park that the park will become the de facto amenity
package for the residents. Additional use of the park will result the in
increased generation of trash and wear and tear on the park, resulting in
increased maintenance needs
C. Appropriate environmental measures related to the proximity of the project to
the Gore Creek and the Town -owned Streamtract parcel.
D. Project renderings and simulations including from the perspective of trail
users and adjacent properties.
E. Synergy between the 2018 Open Lands Plan update and any workforce
housing proposal.
F. No development adjacent to Gore Creek below the base flood elevation
(BFE)
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission continue items PEC21-0009 and PEC21-0010 to March 22,
2021 or another mutually agreed upon date.
IX. ATTACHMENTS
A. Legal Notice with metes and bounds parcel description
B. Vicinity Map
C. Applicant's Narrative, February 8, 2021
D. Survey Set, February 8, 2021
TOWN OF VA1t'
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on March 8, 2021 at 1:00 pm in the Town of Vail Municipal Building.
Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN 9dcxgkngSgiH-zHe8UXIEg
After registering, you will receive a confirmation email containing information about
joining the webinar.
A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1,
Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into
the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.696 acres) and
Lot 2 (approximately 0.253 acres), located at 2211 North Frontage Road West and 2213
Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0008)
Applicant: TNFREF III Bravo Vail LLC, represented by Mauriello
Planning Group
Planner: Greg Roy
A request for a recommendation to the Vail Town Council for an amendment to the Vail
Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to
change the designation of an approximate 2.19 acre metes and bounds parcel from Park
to High Density Residential, located at 1497 South Frontage Road West, and setting forth
details in regard thereto. (PEC21-00010) The legal description of the parcel is:
A tract of land situated in the SE 1/4 NW 1/4 of Section 12, Township 5 South, Range 81
West of the 6th P.M., lying Northwesterly of the Northwesterly high -water -line of Gore
Creek and Southeasterly of U.S. Highway No. 6, described as follows:
Beginning at a point on the North-South centerline of said Section 12, whence the North
quarter corner of said Section 12 bears North 00 degrees 15 minutes 00 seconds East
2167.52 feet; thence South 00 degrees 15 minutes 00 seconds West
85.44 feet along the North-South centerline of said Section 12 to a point on said high-
water -line; thence South 75 degrees 36 minutes 27 seconds West 138.98 feet along said
high -water -line; thence South 54 degrees 43 minutes 17 seconds West 192.76 feet along
said high -water -line; thence South 45 degrees 55 minutes 47 seconds West 87.97 feet
along said high -water -line; thence South 34 degrees 43 minutes 11 seconds West 80.29
feet along said high -water -line; thence South 04 degrees 47 minutes 15 seconds West
108.86 feet along said high -water -line; thence South 16 degrees 44 minutes 10 seconds
West 102.85 feet along said high -water -line; thence South 30 degrees 43 minutes 21
seconds West 22.27 feet along said high -water -line to a point on the East-West
centerline of said Section 12; thence South 89 degrees 02 minutes West 388.21 feet
along said centerline to a point on the Southeasterly right of way line of said highway;
thence North 52 degrees 35 minutes East 866.87 feet along said highway right of way;
thence North 66 degrees 53 minutes 25 seconds East 164.20 feet to a point on the
North-South centerline of section 12, to the Point of Beginning;
Also being described and measured as:
Beginning at a point on the North-South centerline of said Section 12; Whence the North
quarter corner of said Section 12 bears N 00°38'56" E 2160.99; thence S 00°38'56" W a
distance of 85.46 feet along the North-South centerline of said Section 12 to a point on
said high water line; thence S 75°34'51" W a distance of 138.88 feet along said high
water line; thence S 54°41'41" W a distance of 192.76 feet along said high water line;
thence S 45°54'11" W a distance of 87.97 feet along said high water line; thence S
34°41'35" W a distance of 80.29 feet along said high water line; thence S 04°45'39; W a
distance of 108.86 feet along said high water line; thence S 16°44'58" W a distance of
102.85 feet along said high water line; thence S 41 °04'16" W a distance of 22.54 feet
along said high water line to a point on the East-West centerline of said Section 12;
thence S 89°17'12" W a distance of 383.87 feet along said centerline to a point on the
Southeasterly right of way line of said highway; thence N 52°44'32" E a distance of
861.89 feet along said high way right of way; thence N 66°46'57" E a distance of 166.46
feet on the North-South centerline of said Section 12 to the Point of Beginning;
County of Eagle, State of Colorado.
Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group
Planner: Jonathan Spence
A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS)
zoning to Housing (H), located at 1497 South Frontage Road West and setting forth
details in regard thereto. (PEC21-0009) The legal description of the parcel is:
A tract of land situated in the SE 1/4 NW 1/4 of Section 12, Township 5 South, Range 81
West of the 6th P.M., lying Northwesterly of the Northwesterly high -water -line of Gore
Creek and Southeasterly of U.S. Highway No. 6, described as follows:
Beginning at a point on the North-South centerline of said Section 12, whence the North
quarter corner of said Section 12 bears North 00 degrees 15 minutes 00 seconds East
2167.52 feet; thence South 00 degrees 15 minutes 00 seconds West
85.44 feet along the North-South centerline of said Section 12 to a point on said high-
water -line; thence South 75 degrees 36 minutes 27 seconds West 138.98 feet along said
high -water -line; thence South 54 degrees 43 minutes 17 seconds West 192.76 feet along
said high -water -line; thence South 45 degrees 55 minutes 47 seconds West 87.97 feet
along said high -water -line; thence South 34 degrees 43 minutes 11 seconds West 80.29
feet along said high -water -line; thence South 04 degrees 47 minutes 15 seconds West
108.86 feet along said high -water -line; thence South 16 degrees 44 minutes 10 seconds
West 102.85 feet along said high -water -line; thence South 30 degrees 43 minutes 21
seconds West 22.27 feet along said high -water -line to a point on the East-West
centerline of said Section 12; thence South 89 degrees 02 minutes West 388.21 feet
along said centerline to a point on the Southeasterly right of way line of said highway;
thence North 52 degrees 35 minutes East 866.87 feet along said highway right of way;
thence North 66 degrees 53 minutes 25 seconds East 164.20 feet to a point on the
North-South centerline of section 12, to the Point of Beginning;
Also being described and measured as:
Beginning at a point on the North-South centerline of said Section 12; Whence the North
quarter corner of said Section 12 bears N 00°38'56" E 2160.99; thence S 00°38'56" W a
distance of 85.46 feet along the North-South centerline of said Section 12 to a point on
said high water line; thence S 75°34'51" W a distance of 138.88 feet along said high
water line; thence S 54°41'41" W a distance of 192.76 feet along said high water line;
thence S 45°54'11" W a distance of 87.97 feet along said high water line; thence S
34°41'35" W a distance of 80.29 feet along said high water line; thence S 04°45'39; W a
distance of 108.86 feet along said high water line; thence S 16°44'58" W a distance of
102.85 feet along said high water line; thence S 41 °04'16" W a distance of 22.54 feet
along said high water line to a point on the East-West centerline of said Section 12;
thence S 89°17'12" W a distance of 383.87 feet along said centerline to a point on the
Southeasterly right of way line of said highway; thence N 52°44'32" E a distance of
861.89 feet along said high way right of way; thence N 66°46'57" E a distance of 166.46
feet on the North-South centerline of said Section 12 to the Point of Beginning;
County of Eagle, State of Colorado.
Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group
Planner: Jonathan Spence
A request for a recommendation to the Vail Town Council for an amendment to the Vail
Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to
change the designation of an approximate 2.3 acre portion of Tract A, Middle Creek
Subdivision, from Open Space to High Density Residential, and setting forth details in
regard thereto. (PEC21-0004)
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of approximately 4.47 acres from the General Use (GU) zoning to Natural Area
Preservation (NAP) and approximately 2.3 acres from Natural Area Preservation (NAP)
zoning to Housing (H) within Tract A, Middle Creek Subdivision, and setting forth details
in regard thereto. (PEC21-0005)
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for subdivision of the existing Tract A, Middle
Creek Subdivision, into two parcels, Tract Al (approximately 14.9 acres) and Lot 4
(approximately 2.3 acres), and setting forth details in regard thereto. (PEC21-0006)
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 or
visit www.vailgov.com/planning for additional information.
Sign language interpretation available upon request with 24-hour notification, dial 711.
Published February 19, 2021 in the Vail Daily.
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Rezoning & Vail Land Use
Plan Amendment
Submitted to the Town of Vail:
February 8, 2021
M M
TREELIKE
PARTNERS
Mauriello Planning Group 4
Directory
Owner
Elias Ehrlich
Vail Hotel Partners LLC,
745 5th Ave, Suite 1406,
New York, NY 10151
646.357.3723
Developer
Treeline Multifamily Partners Ltd,
1700 Lincoln Street, Suite 3450
Denver, CO 80203
720-523-5736
jsisk@treelineemp.com
Planning and Entitlements
Dominic Mauriello
Mauriello Planning Group
PO Box 4777
Eagle, CO 81657
970-376-3318
dominic@mpgvail.com
Cascade Apartments
Introduction
Vail Hotel Partners LLC, working with Treeline Multiple Family Partners Ltd., is proposing a
community housing development on the property located at 1494 S. Frontage Road /
Parcel 2103-122-00-001. The current use of the property includes 3 tennis courts, along
with the Town of Vail multi -use trail. The proposal is to remove the tennis courts and use
this area of the site for a community housing project, consisting of approximately 122
units, and consistent with the Housing zone district which requires at least 70% of the
units to be deed -restricted. A portion of these units will be reserved to fulfill any housing
requirements of a future development project located at the Cornerstone property,
along with a future redevelopment project of the Aria Spa building. The multi -use trail,
which is located within an easement on the property, will remain in its current location.
Tennis Court site, located at 1494 S. Frontage Road in Vail. Photo from Google Earth.
The development of a community housing project on this site is a multi -step process and
requires the following review process by the Town of Vail:
Step 1:
• Rezoning: The property is currently zoned Agricultural and Open Space (A). The
applicant is proposing a rezoning to the Housing (H) zone district. A rezoning
application is reviewed by the Planning and Environmental Commission who makes
a recommendation to the Town Council, who has final decision-making authority.
Vail Land Use Plan Amendment: The property has a land use designation of Park.
The applicant is proposing an amendment to the Vail Land Use Plan, adopted in
1986, to High Density Residential. This follows the guidance of the Open Lands Plan,
adopted in 2018, to encourage development of the site as workforce housing. The
Amendment is reviewed by the Planning and Environmental Commission who
makes a recommendation to the Town Council, who has final decision-making
authority.
Step 2:
• Development Plan: Following the Town's review of the Rezoning and Vail Land Use
Plan Amendment, and should the Town approve the requests, the applicant will
submit a Development Plan as required by the Housing zone district under Section
Cascade Apartments
12-61-11. The Development Plan is then reviewed by the Planning and Environmental
Commission and the Design Review Board.
Subdivision: Concurrently with the review of the Development Plan, a subdivision
application will be submitted to plat the property, establish any necessary
easements, and provide for any land dedication to the Town that may be
appropriate, such as areas impacted by floodplain or the Town's recreation path.
Completing Step 1 first allows the Town to review the general concept of community
housing on the site, including consistency with the criteria of review for a rezoning
request and the Vail Land Use Plan amendment.
View of the tennis site, looking east along the multi -use path.
The design of the building will be submitted with the Development Plan application for
review by the Town. For reference, the current development concept includes
approximately 122 community housing units, with a mix of studio, one-, two-, and three-
bedroom units in approximately 85,000 sq. ft. of GRFA. Responding to the change in
grade of the site, the conceptual building design is 4 -stories along the Frontage Road,
stepping down to 3 -stories along Gore Creek. A new proposed bus stop along the
Frontage Road will serve the residents of Cascade Apartments and the site is directly
adjacent to the multi -use path, creating a sustainable, multi -modal, transit -oriented
development. As currently envisioned, the proposed development also includes
structured parking, with a parking ratio of approximately 1 parking space per unit.
The site is directly adjacent to Donovan Park, a short walk from all the services and
amenities at the Grand Hyatt, including the Cascade lift, and access to the
Cascade Apartments
commercial services in West Vail is within walking and biking distance via either the West
Vail roundabout or the Simba Run underpass.
The proposed development occurs mostly on the area of the site that is already
disturbed with the existing and somewhat abandoned tennis courts. The tennis courts
create an existing development footprint on the property. There are no direct impacts
to the multi -use path. Additionally, the future development plan will respect the Gore
Creek setback and has no impact on the flood plain of Gore Creek. Stormwater run off
quality controls will be reviewed with the future development plan application and will
comply with all of the Town's requirements. Where possible, the existing vegetation
along Gore Creek will be preserved.
Cascade Apartments
Zoning Analysis
Location: 1494 S. Frontage Road W / Unplatted
Parcel: 2103-122-00-001
Owner: Vail Hotel Partners LLC
Hazards: Floodplain
Zoning: Agricultural and Open Space
Land Use: Park (from Vail Land Use Plan)
Table 1: Zoning Analysis
Standard Current Zoning: Proposed Zoning: Housing Treeline Conceptual
Ag & OS Proposal*
Use EHU - permitted EHU - permitted Minimum of 70% EHU
Lot Area and Site
Dimensions
Setbacks
Height
35 acres, with 1 acre Prescribed by PEC 2.19 acres
buildable
Front - 20 ft. 20 ft. from perimeter of 20 ft. from perimeter
Side - 15 ft. zone district, variations Stream - 50 ft.
Rear - 15 ft. allowed by PEC
Stream - 50 ft. Stream - 50 ft.
30 ft. flat roof
33 ft. sloping roof
Prescribed by PEC
60 ft.
Cascade Apartments 6
Standard
Density
GRFA
Site Coverage
Current Zoning: Proposed Zoning: Housing Treeline Conceptual
Ag & OS Proposal*
1 dwelling unit per 35 Prescribed by PEC 122 units
acres
2,000 sq. ft. Prescribed by PEC 85,000 sq. ft.
5% 55%, can be increased to 55% - 75%
75% with underground
parking
Landscaping and NA 30% 30% minimum
Site Development
Parking Per Chapter 10 Mobility Plan per Section 123 spaces
12-61-8
*All representations are approximations based on the current conceptual proposal and
may change prior to the development plan submittal.
Cascade Apartments 7
Criteria for Review: Zoning Amendment
A zoning amendment is reviewed under the criteria listed under Section 12-3-7
Amendment, Vail Town Code. Each criterion is listed below, along with the applicant
response to the criteria:
(1) The extent to which the zone district amendment is consistent with all the applicable
elements of the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town
APPLICANT RESPONSE: The proposal includes a proposed amendment to the Vail
Land Use Plan, which was adopted in 1986. Since the adoption of the Vail Land Use
Plan, the Town of Vail has adopted other master planning documents that are also
applicable to the review of this proposal. The following master planning documents
are summarized below:
• Vail Land Use Plan
• Open Lands Plan
• Vail 2020 Plan
• Employee Housing Strategic Plan
Vail Land Use Plan (1986, updated 2009)
The Vail Land Use Plan, which was adopted in 1986, is the oldest land use plan
currently in use at the Town. While there have been amendments over the years,
these have been minor and specific to various projects in the Town of Vail.
The Vail Land Use Plan states the following as its primary purposes:
This document is intended to serve as a basis from which future decisions may be
made regarding land use within the Valley. The primary focus of the Land Use
Plan has been to address the long-term needs and desires of the Town as it
matures. The Town of Vail has evolved from a small ski resort founded in 1962 with
190,0001 annual skier visits and virtually no permanent residents to a community
with 4,500 permanent residents and 1,223,450 annual skier visits in the short time
span of twenty-four years. The Town is now faced with the challenge of
creatively accommodating the projected growth, while preserving the important
qualities which have made Vail successful in the past - as a ski resort, as a
permanent place to live, and as a growing year-round resort. This is a
considerable challenge, given the fact that land within the Vail Valley is a well-
defined "finite" resource, with much of the developable land having already
been developed at this junction. This Land Use Plan has been undertaken with
the goal of addressing this challenge.
A secondary purpose of the Land Use
properties owned by the Town of Vail,
types of community facilities. Selected
future needs and then matched with
Town.
Cascade Apartments
Plan project was to analyze a series of
to determine their suitability for various
community facilities were analyzed for
a series of suitable sites owned by the
The Plan then establishes goals, which are intended to be used in the evaluation of
any development proposal. The goals are broken down into the following
categories:
1. General Growth/Development
2. Skier/Tourist Concerns
3. Commercial
4. Village Core/Lionshead
5. Residential
6. Community Services
Due to the nature of this proposal, only those goals that are applicable are provided
below:
1. General Growth / Development
1. 1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.6. Development proposals on the hillsides should be evaluated on a case
by case basis. Limited development may be permitted for some low intensity
uses in areas that are not highly visible from the Valley floor. New projects
should be carefully controlled and developed with sensitivity to the
environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1. 13. Vail recognizes its stream tract as being a desirable land feature as well
as its potential for public use.
5. Residential
5.1. Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high hazards
do not exist.
5.3. Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.4. Residential growth should keep pace with the market place demands for
a full range of housing types.
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
Cascade Apartments 9
6. Community Services
6.1. Services should keep pace with increased growth.
6.2. The Town of Vail should play a role in future development through
balancing growth with services.
6.3. Services should be adjusted to keep pace with the needs of peak
periods.
The Vail Land Use Plan provides a land use designation of "Park" for the property, as
indicated on the map below:
1404
Ho
ZA
The description of the "Park" designation is as follows:
P - Parks
Hillside Residentlal
Low Density Residential
Medium Density Residential
High Density Residual
R— Arc.—cations and Services
Community Cammercial
Community Office
V Mage Master Plan
Lianshead Redevelopment Master Plan
Chamonix Mesta, Plan
Vail Valley Medical Center Master Plan
Tramhion Area
PohllclSemi•Puhlic
Ski Base
Park
Open Space
❑ Nat Designated
Included in this category are town owned parcels intended for both active
recreation activities such as athletic fields, golf courses and playgrounds, as well
as areas for various passive recreation activities.
The Vail Land Use Plan then further states the following key goals for parks and open
space:
Parks and Open Space
1. While an additional golf course was identified as necessary, no site within the
Town was pinpointed as a desirable site.
2. The preservation of open space was determined to be a high priority. The
improvement of existing parks and open space areas, in concert with
continued purchase of open space by the Town were both identified as
priorities.
Cascade Apartments 10
The proposed amendment would modify the Land Use Map for the property from
"Parks" to "High Density Residential," as described below:
HDR - High Density Residential
The housing in this category would typically consist of multi -floored structures
with densities exceeding 15 dwelling units per buildable acre. Other activities in
this category would include private recreational facilities, and private parking
facilities and institution /public uses such as churches, fire stations and parks and
open space facilities.
The properties across Gore Creek from the property are also designated as HDR.
These properties are Coldstream Condominiums, which is part of the Cascade SDD
and Eagle Point, which is zoned
High Density Multiple Family.
As described above, the Vail
Land Use Plan's "Park"
designation actually describes
properties within this
designation as "town -owned"
parcels. In 1986, the mapping
was less sophisticated than
today's GIS allows for.
Information was not readily
available on a parcel by parcel
basis. This property was not
owned by the Town of Vail and
has never been in public
ownership.
Based on the community
housing needs of the
community, even identified as
a critical need in the Vail Land
Use Plan 35 years ago, this site is
more appropriately designated
for High Density Residential uses,
especially units deed -restricted
as community housing. As a
result, the rezoning, in
conjunction with the Land Use
Plan amendment, furthers the
goals of the Vail Land Use Plan.
Open Lands Plan (2018)
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Figure 3—W
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Original 1986 Land Use Map from the Vail Land Use
Plan, with the approximation of the site in yellow.
In 2016, the Town initiated an update of the 1994 Comprehensive Open Lands Plan.
The goal was to revisit the 1994 Plan and evaluate how it could be refined and
updated to:
• Confirm the community's overall goals and priorities for the Plan,
Cascade Apartments 11
• Evaluate the Action Plan and
identify any new Action Items to
protect environmentally
sensitive lands or other action to
implement the goals of the Plan,
• Provide better direction for the
potential development of
recreation trails,
• Evaluate Town -owned lands for
how they can be used to meet
community needs,
• Define management strategies
for Town -owned lands, and
• Protect environmentally sensitive
lands and wildlife.
r�
f
Talisa Tennis Courts
Tennis courts for the Talisa Hotel are located on this 3
acre site. The site is located immediately adjacent to
Donovan Park. If in the future the hotel is interested
disposal of this land, the Town could consider
acquisition for a low to medium density workforce
mousing. The design of a housing project must be
While the 2018 Open Lands Plan sensitive to the Gore Valley Trail and the Gore Creek
generally focuses on Town -owned corridor. Refer to Action ltem#9 in Chapter 5.
property, the plan does evaluate some
privately -owned properties for their
potential ability to accommodate public facilities or community -oriented uses. In
this case, the "Talisa Tennis Courts" was identified as a potential site for workforce
housing, if the current ownership was interested in disposal of the land.
ti
ACTION ITEM #9
Purpose - Public facility/park expansion or workforce housing project.
Action - Acquire parcel
Other Information - This 3 Q acre parcel has three tennis courts that are owned and
managed by the Hotel Talisa ownership group_ In the event the ownership group
were interested in disposing of this parcel, the Town's acquisition could allow for the
development of a small workforce housing development or expansion of Donovan
Park. Refer to Chapter 3 - Town Owned Lands and Use of Lands for more information.
'94 Action Plan - N/A
The proposal to rezone the site to the Housing zone district is generally consistent
with the recommendations of the Open Lands Plan.
Vail 20/20 Plan (2007)
Vail 20/20 was a strategic action plan adopted in 2007, with a purpose of building
upon the Town's successes along with seeing opportunities to improve the
community. Similar to the Vail Land Use Plan, the Vail 20/20 Plan provided goals for
various issues of importance to the community. Specifically, the plan looked at:
• Land Use and Development
• Parks and Recreation
• Environment
• Housing
Cascade Apartments 12
• Transportation
• Economy
• Community
• Public Safety
Due to the nature of this proposal, only those that are applicable to this project are
provided below:
Land Use and Development
Goal #2: Land use and development decisions will address environmental
sustainability as a priority of the community.
Goal #4: Provide for enough deed -restricted housing for at least 30 percent of
the workforce through policies, regulations and publicly initiated development.
Housing
Goal: The Town of Vail recognizes the need for housing as infrastructure that
promotes community, reduces transit needs and keeps more employees living in
the town, and will provide for enough deed -restricted housing for at least 30
percent of the workforce through policies, regulations and publicly initiated
development.
The proposal to rezone the site to the Housing zone district is consistent with the
objectives identified in the Vail 20/20 plan, by providing a site for employee or
community housing.
Employee Housing Strategic Plan (2016)
The Town of Vail adopted the Employee Housing Strategic Plan in 2016, recognizing
the difficulties that Town faced in ensuring the availability of housing for Vail
residents. The plan provided one goal:
The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
It further states:
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
By virtue of the occupancy requirements of the deed restrictions, the Town of
Vail does not need to own resident homes to forward its mission of maintaining
and sustaining community.
Title to real estate can change ownership often. Once recorded, a deed
restriction transfers with the title and survives changes in ownership over time,
thus assuring long term resident housing.
The proposal to rezone the site to the Housing zone district is consistent with the
goals identified in the Employee Housing Strategic Plan, allowing the Town to move
significantly closer to the goal of 1,000 deed restrictions by 2027.
Cascade Apartments 13
(2) The extent to which the zone district amendment is suitable with the existing and
potential land uses on the site and existing and potential surrounding land uses as
set out in the town's adopted planning documents
APPLICANT RESPONSE: The existing surrounding land uses are outlined in the table
below:
Existing Land Use Zoning Land Use Designation
Direct North-West Highway 6 and 1-70 right -of- Undesignated Undesignated
The Town of Vail Zoning Map and the Land Use Map from the Vail Land Use Plan are
the adopted planning documents that define and describe potential land uses of
the surrounding property.
Cascade Apartments 14
way
Residential
SDD No. 22 and PS
Medium Density
North-West (beyond
ROW)
Residential
Vail Post Office
Medium Density
High Density Multiple
North-West (beyond
ROW)
Multiple Family
Family
Direct South -East
Town of Vail stream tract SDD No. 4
Open Space
High Density
South -East (beyond
Residential - Coldstream SDD No. 4
stream tract)
Condos
Residential
High Density
South -East (beyond
Residential - Eagle Point High Density Multiple
stream tract)
Family
Residential
Donovan Park
General Use
Park
South
East
Residential SDD No. 4
Resort
Accommodation
and Services
The Town of Vail Zoning Map and the Land Use Map from the Vail Land Use Plan are
the adopted planning documents that define and describe potential land uses of
the surrounding property.
Cascade Apartments 14
Aside from Donovan Park, the adjacent zoning allows for significant development to
occur. SDD No. 4 is a high-density mixed use development. Both Eagle Point and
the Park Meadows site are zoned High Density Multiple Family, which allow for high
density development, including lodges. The proposed zoning of the Housing zone
district is intended to provide sites for community housing and allows for flexibility so
as to maximize the community housing use. Donovan Park is zoned General Use,
which allows for public and quasi -public uses. Employee housing is also a permitted
use in the General Use zone district. As a result, the proposed zoning is suitable with
the existing and potential uses based on the zoning of the surrounding properties.
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With the exception of Donovan Park and the stream tract, the Land Use Map
designates the surrounding properties for High Density Residential and Resort
Accommodation and Services. Both of these land use designations allow for
significant development, including dense residential and mixed-use development.
As a result, the proposed zoning is suitable with the existing and potential uses based
on the land use designation of the surrounding properties.
(3) The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives
APPLICANT RESPONSE: The proposal to rezone the property to the Housing zone
district furthers the Town's development objectives as outlined in the analysis of the
various master planning documents under Criterion 1. All of the Town's documents
and studies indicate the need for the provision of community or employee housing,
and the rezoning of this property to the Housing zone district is consistent with
municipal development objectives.
Cascade Apartments 15
(4) The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole
APPLICANT RESPONSE: The proposed zone district amendment provides for the
growth of an orderly viable community by establishing a site for community or
employee housing within the Town of Vail boundaries, close to existing services and
transportation. Employee housing is key to ensuring that the Town of Vail remains
economically viable and competitive. This does not constitute spot zoning, as the
Housing zone district helps further these goals and is consistent with the surrounding
zone designations. As a result, the proposed amendment serves the best interest of
the community.
(5) The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features
APPLICANT RESPONSE: The evaluation of specific development impacts will occur
with an application for Development Plan approval. The rezoning, given the prior
development of the site with paved tennis courts without stormwater treatment, will
allow for development that results in beneficial impacts to the environment by
addressing water quality impacts and all other environmental concerns. There will
be impacts to existing vegetation, including mature trees, which can be addressed
through the Development Plan review process. The riparian corridor will be
improved and respected without introducing new unmitigated impacts to the
riparian corridor.
(6) The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district
APPLICANT RESPONSE: The purpose statement for the Housing zone district is as
follows:
12-61-1: PURPOSE:
The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot
be adequately regulated by the development standards prescribed for other
residential zone districts. It is necessary in this zone district to provide
development standards specifically prescribed for each development proposal
or project to achieve the purposes prescribed in section 12-1-2 of this title and to
provide for the public welfare. Certain nonresidential uses are allowed as
conditional uses, which are intended to be incidental and secondary to the
residential uses of the district. The housing district is intended to ensure that
employee housing permitted in the zone district is appropriately located and
designed to meet the needs of residents of Vail, to harmonize with surrounding
uses, and to ensure adequate light, air, open spaces, and other amenities
appropriate to the allowed types of uses.
Cascade Apartments 16
The site is proposed to be zoned Housing zone district, which creates a unique
opportunity for community housing, in furtherance of the goal of the Town of Vail to
provide deed -restricted housing for 30% of the workforce and create 1,000 deed
restricted units by 2027. This site is within the Town of Vail boundaries, adjacent to
established transportation routes, including a Town of Vail transit stop and in close
proximity to the recreation path. The Housing zone district allows the Planning and
Environmental Commission to set most development standards, creating flexibility to
create a housing project that is suitable to the individual site. As a result, the
proposed zone district amendment is consistent with the purpose statement of the H
zone district.
(7) The extent to which the zone district amendment demonstrates how conditions have
changed since the zoning designation of the subject property was adopted and is
no longer appropriate
APPLICANT RESPONSE: The property was annexed into the Town of Vail in 1975 and is
currently zoned Agricultural and Open Space. Owned originally by the American
Mission Lutheran Church, it was purchased by the Cascade Club in 1984, but never
included within the Cascade SDD. Though little information exists within the Town's
legal files, the tennis courts appear to have been constructed in the mid-1980s. The
demand for tennis has reduced significantly in the Town and the nation since the
1980s. The Town has seen numerous conversions of tennis court facilities throughout
the community due to lack interest in tennis and its seasonal use. Also since the
1980s the Vail Recreation District has built significant tennis facilities at Ford Park.
V
f
,tel'
Undated site plan of the tennis courts from the Town's legal files.
Cascade Apartments 17
Recognizing that the community housing needs of the Town have changed
dramatically since the 1970s, the new zoning of Housing allows for the development
of community housing on the site. As a result, the proposal is consistent with this
criterion.
(8) Such other factors and criteria as the commission and/or council deem applicable
to the proposed rezoning.
APPLICANT RESPONSE: Any other factors can be addressed as necessary.
Cascade Apartments 18
Criteria for Review: Vail Land Use Plan Amendment
Section VIII.3.0 provides the process for amending the Vail Land Use Plan. This section
provides the following:
C. Private Sector Amendments
The private sector may also initiate amendment requests. These should be
initiated in the following way:
1. Make application with the Community Development Department.
Applications may be made by either a registered voter, a property owner or
a property owner's authorized representative. Such application may be
made at any time.
2. Such applications will then be considered at a meeting with the PEC. At the
Planning and Environmental Commission hearing, a recommendation shall
be made to the Town Council, whereupon a decision shall then be rendered.
To change the Plan by this procedure, it will be the responsibility of the
applicant to clearly demonstrate how conditions have change since the Plan
was adopted, how the Plan is in error or how the addition, deletion or change
to the Plan is in concert with the Plan in general. Such decisions may include
approval, approval with conditions or denial. Amendments may be
requested for change to the goals and policies and/or Land Use Plan map. If
such request is approved, such change shall be made to the Plan document
and/or map. If such request is denied, no such request that is substantially the
some as that previously denied shall be considered for a period of one year.
The criteria are indicated in the bolded text and the applicant's responses are provided
below:
1. How the Plan is in error or how conditions have changed since the Plan was
adopted.
APPLICANT RESPONSE: The "Park" designation refers to properties in this designation
as being "town -owned." The Vail Land Use Plan is in error as the property is privately
owned, rather than "town -owned."
As identified previously, when the Vail Land Use Plan was adopted in 1986, the
mapping was less sophisticated than today's GIS allows for. Information was not
readily available on a parcel by parcel basis and the Land Use Plan mapping was
at a much more generalized scale. This property was not owned by the Town of Vail
and has never been in public ownership.
Furthermore, conditions have substantially changed since the plan was adopted in
1986. While the Town has historically had problems identifying appropriate sites for
community or employee housing, the challenges faced currently are
unprecedented. The changes to the housing market since 1986 include innovations
in short-term rental methodology, such as VRBO and Airbnb, which severely
impacted the long-term rental market. Redevelopment of older homes, which
previously helped to serve the local housing demand, has trended towards high-
end, second home development.
Cascade Apartments 19
The Vail Land Use Plan is both in error and conditions have substantially changed
since its adoption and therefore a change is land designation are warranted.
The proposed change to the Vail Land Use Plan is limited to a change in land use
designation for the subject property - amending the designation from "Park" to the
High Density Residential designation, which states:
HDR - High Density Residential
The housing in this category would typically consist of multi -floored structures
with densities exceeding 15 dwelling units per buildable acre. Other activities in
this category would include private recreational facilities, and private parking
facilities and institution /public uses such as churches, fire stations and parks and
open space facilities.
The HDR land use designation is the best suited land use designation, as the
proposed density of the future proposed project will exceed 15 units per acre and
the description of HDR more accurately reflects the proposed development with
"multi -floored structures."
The property directly across the Gore Creek stream tract is also designated as HDR
and therefore having this site similarly designated allows it to not stand out as an
isolated parcel with a different designation. The proposed designation is consistent
with the designations within the adjacent neighborhood.
2. How the Plan is in error or how the addition, deletion or change to the Plan is
in concert with the Plan in general.
APPLICANT RESPONSE: The High Density Residential land use designation is the best
suited land use designation, as the proposed density of the project exceeds 15 units
per acre and the description of HDR more accurately reflects the proposed
development. Community housing has been a high priority of the Vail Land Use Plan
and the need for housing has only been exacerbated since its adoption in 1986.
The Vail Land Use Plan provides the following Goals and Objectives:
1. General Growth / Development
1. 1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.6. Development proposals on the hillsides should be evaluated on a case
by case basis. Limited development may be permitted for some low intensity
uses in areas that are not highly visible from the Valley floor. New projects
should be carefully controlled and developed with sensitivity to the
environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
Cascade Apartments 20
1. 12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1. 13. Vail recognizes its stream tract as being a desirable land feature as well
as its potential for public use.
5. Residential
5.1. Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high hazards
do not exist.
5.3. Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.4. Residential growth should keep pace with the market place demands for
a full range of housing types.
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
As indicated throughout this submittal, the proposed Vail Land Use Plan
amendment, in concert with the rezoning to Housing zone district, furthers these
goals and objectives of the Vail Land Use Plan.
Cascade Apartments 21
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City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 8, 2021
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.3 acre portion of Tract A, Middle Creek
Subdivision, from Open Space to High Density Residential, and setting forth details in regard thereto. (PEC21-0004) 2 min.
The applicant has requested this item be tabled to a date uncertain.
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 8, 2021
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of approximately 4.47 acres from the General Use (GU) zoning to Natural
Area Preservation (NAP) and approximately 2.3 acres from Natural Area Preservation (NAP) zoning to Housing (H) within Tract A,
Middle Creek Subdivision, and setting forth details in regard thereto. (PEC21-0005) 2 min.
The applicant has requested this item be tabled to a date uncertain.
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 8, 2021
ITEM/TOPIC:
A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for
subdivision of the existing Tract A, Middle Creek Subdivision, into two parcels, Tract Al (approximately 14.9 acres) and Lot 4
(approximately 2.3 acres), and setting forth details in regard thereto. (PEC21-0006) 2 min.
The applicant has requested this item be tabled to a date uncertain.
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: February 22, 2021 PEC Results
ATTACHMENTS:
File Name Description
Pec results 022221.pdf February 22, 2021 PEC Results
0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl) February 22, 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_QJ ybkNzgQ2eMGMYxH6FEOg
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2. Attendance
Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, John -
Ryan Lockman, Pete Seibert
Absent: Henry Pratt
Main Agenda
2.1. A request for the review of a variance from Section 12-6C-9, Site 20 min.
Coverage, Vail Town Code in accordance with the provisions of Section 12-
17, Variances, Vail Town Code, to allow an addition in excess of the
allowable site coverage, located at 1191 Hornsilver Circle/Lot 3, Block 2,
Vail Valley Filing 1, and setting forth details in regard thereto. (PEC21-0002)
Applicant: Vail Mortgage Trust, represented by Segerberg Mayhew &
Associates
Planner: Jonathan Spence
Planner Spence introduces the variance application. The application
proposes to exceed the allowable site coverage on the lot, with two additions.
Kurt Segerberg of Segerberg Mayhew & Associates, representing the
applicant gives a short explanation of the proposal. He points out variances
granted in the area and what the specific variances were granted for.
Kurz mentions to Spence that this may be the easiest way to add another
room and the only thing holding them back is site coverage.
Spence adds that it may be the easiest but does not meet the specified
requirements.
Kjesbo asks for a clarification on what is counted as site coverage and if this
deck counts or not.
Spence answers that the deck does not count as site coverage, but if it had
been a roof it would have been site coverage.
No public comment.
Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it
passed (6-0).
Absent: (1) Pratt
2.2. A Report to the Planning and Environmental Commission of an 10 min.
administrative action regarding a request for a minor amendment to Special
Development District (SDD) No. 38, Manor Vail Lodge, pursuant to Section
12-9A-10, Amendment Procedures, Vail Town Code, to allow for
modifications to the approved landscaping plan and to add approximately
206 square feet in order to accommodate a renovation of the front
restaurant, pool, and patio area, located at 595 Vail Valley Drive/LotA-C,
Block 1, Vail Village Filing 7, and setting forth details in regard thereto.
(P E C21-0003)
Applicant: Manor Vail, represented by Zehren and Associates
Planner: Erik Gates
Planner Gates gives an overview of the report for the Minor Amendment
made to S D D No. 38.
Kurz clarifies that this will require DRB approval. Gates affirms.
2.3. A request for a recommendation to the Vail Town Council for an amendment
to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process,
Vail Land Use Plan, to change the designation of a 2.54 acre portion of
Tract A, Middle Creek Subdivision, from Open Space to High Density
Residential, and setting forth details in regard thereto. (PEC21-0004)
This item will be renoticed for the March 8, 2021 PEC Meeting.
Applicant: Vail Home Partners, represented by VLHA
Planner: Jonathan Spence
2.4. A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of 4.47 acres from the General Use (GU)
zoning to Natural Area Preservation (NAP) and 2.54 acres from Natural
Area Preservation (NAP) zoning to Housing (H) within Tract A, Middle
Creek Subdivision, and setting forth details in regard thereto. (PEC21-
0005)
This item will be renoticed for the March 8, 2021 PEC Meeting.
Applicant: Vail Home Partners, represented by VLHA
Planner: Jonathan Spence
2.5. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for subdivision of the existing
Tract A, Middle Creek Subdivision, into two parcels, Tract Al (14.66 acres)
and Lot 4 (2.54 acres), and setting forth details in regard thereto. (PEC21-
0006)
This item will be renoticed for the March 8, 2021 PEC Meeting.
Applicant: Vail Home Partners, represented by VLHA
Planner: Jonathan Spence
Approval of Minutes
3.1. January 25, 2021 PEC Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (4-0).
Abstain: (2) Gillette, Lockman
Absent: (1) Pratt
3.2. February 8, 2021 PEC Results
John -Ryan Lockman moved to approve. Brian Gillette seconded the motion
and it passed (5-0).
Abstain: (1) Kjesbo
Absent: (1) Pratt
4. Adjournment
Brian Gillette moved to adjourn. Karen Perez seconded the motion and it
passed (6-0).
Absent: (1) Pratt
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 #: 0000666703-01
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 3/5/2021 and that the last
publication of said notice was dated 3/5/2021 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
3/9/2021.
/Ik..Lt,61-d,
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
3/9/2021.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
4FJU YFDINA
NOTARY NOl1C
A OF COLORADO
som— aces—
MYusf 1A AL
PLANNING AND ENVIRONMENTAL COMMISSION
March 8, 2021,1:00 PM
VlNuel
75 S. Frontage Road- Vail, Calcined , 81657
1. Call to Order
1.1. Regi in adi Ce for this webinar:
M1Rps://us02web.zoam.us/webinar/registaht- 9dcxgkngSgiH,He8UXIEg
After re4istedng, you will receive a confirmation email containing information
ab - ,.mm the webinar.
1.2. Attendance
2. Main Agenda
2.1. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Val Town Code, to allow for resubdivision of the existing
Tract C, Lot t, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail
Das Scheme Filing 3, into the Highline Sul made up of two parcels, Lot
1 (approximately 3.696 acres) and Lot 2 (approximately 0.253 acres), located at
2211 North Frontage Road West antl 2213 Chamonix Ln, respectively, and
setting forth details in regard thereto. (PEC21-0008) 20 min.
Appllcent: TNREF III Bravo Vail LLC True NOM Management LLC,
represented by Maudello Planning Group
Planner: Greg Roy
2.2. A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, peasantto Section 12-3-7, Amendment, Val Town
Code, m allow for the rezoning of approximately 2. 19 acres from the Agriculture
and Open Space (AOS) zoning to Housing (H), located st 1497 South Frontage
Road West and setting forth details in regard thereto. (PEC21-0009) The legal
description of the parcel can be found as an a0adman- to the agenda item.
PEC21-0009 and PEC21-0010 Will be heard concurrently in this inhodul
meeting. Please see PE021-0010 to, the staff.memorandum -d related
attachments.
Applicant: Vail Hotel Partners LLC Laums Corporation, represented by
Mauriello Planning Group
Planner: Jonathan Spence
2.3. A request for a recommendation to the Vail Town Council for an amendment to
the Val Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail
Land Use Plan, to change the designation of an approximate 2.19 acre metes
and bound. parcel from Park to High Density Residential, located at 1497
South Frontage Road West, and setting forth tletails in regard thereto.
(PEC21-00010) The legal description of the ed
can be found as an
attachment to the agenda all 60 min.
Applicant: Vail Horel Partners LLC Laurus Corporation, represented by
Mauriello Planning Group
Planner: Jonathan Spence
2.4. A request for a recommendation to the Vail Town Council far an amendment to
the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail
Lan tl Use Plan, [o change the tlesignation of an approximate 2.3 acre portion of
Trac[ A, Middle Creek Subtlivision, from Open Space to High Density
Residential, and sarong forth details in regard thereto. (PEC21- 0004) 2 min.
The applicant has reqrested this item be tabled to a date uncertain.
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
2.5. A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuantto Section 12-3-7, Amendment, Val Town
Code, to allow for the rezoning of approximately 4.47 acres from the General
Use (GU) zoning to Nal ral Area Preservation (NAP) _d approximately 2
from Natural Area Preservation (NAP) ing to Housing (H) within Tract
A, Middle Crack Subdivision, and setting forth tletails in regard thereto. (PEC21-
0005) 2 min.
The applicant has requested this item be tabled to a date uncertain.
Applicant: Town at Vail, represented by Vail Home Partners
Pler:
annJonathanSpence
2.6. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Val Town Coca, to allow for subdivision of the existing
Tract A, Middle Creek Subdivision, Into two parcels, Tinel Al (approximarely
14.9 acres) and Lot 4 (approximately 2 acres), and setting forth details in
regartl thereto. (PEC21-0008) 2 min.
The applicant has requested this item be based to a data uncertain.
Applicant: Town of Vail, represented by Vail Home Partners
Planner: Jonathan Spence
3. Approval of Minutes
3.1. February 22, 2021 PEC Results
4. Adjournment
The applications and information about the proposals are available for public inspection during regular of-
fice hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is
nvired to attend the project orientation and the site visas that precede the public hearing in the Town of
Vail CommunityDevelopment Department. Times and order of items are approximate, subject to change,
antl cannot be relied upon to determine at what time the Planning and Environmental Commission will con -
rider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language inter-
pretation 48 hour prior to meeting time.
Community Development Department Published in the Val Daily March 5, 2021. 00 006 607 03
Ad #: 0000662243-01
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 2/19/2021 and that the last
publication of said notice was dated 2/19/2021 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
3/9/2021.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
3/9/2021.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
4EN YF
NOTARYPUBLIC
A OF COLORADO
awusrl&zom
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission If 0. Town of Vail will
hold a public healing in accordance with section 12-3-6, Vail Town Code, on March 8, 2021 at 1:00 pm
in the Town of Vail Municipal Building.
Register,, advance for this webinar:
hapsus2web.zoom.u./webinar/regist,,NVN 9dcxgkngSg,H He8UXIEg
After registedng, you will receive a confirmation email containing information about joining the webinar.
A request for review of a Minor Subdivision, pursuant t, Tifle 13, Chapter 4, Minor Subdivisions, Vail Town
Code, 1, allow for resubdivision of the existing Trac[ C, Lot 1, Lot 2, and Lot 3 Vail Da. Schur, Filing N,.
1 and L,11, Vail Das Schon, Filing 3, into the Highlln, Subdivision made up of two parcels, Lo11 (appmx-
mately 3.696 acres) and Lot2 (approximately 0.253 acres), located at 2211 North Frontage Road West
and 2213 Chamonix Ln, respective)y, and setting fodh details in r and thereto. (PEC21-0008)
Applicant: TNFREF III Bravo Vail LLC represented by Mauriellc Planning Group
Planner: Greg Roy
A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan,
pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an ap-
P_.,In ate 2.19 acre metes and bounds parcel from Park to HigI Density Residential, located at 1497
South Frontage Road West, and setting fodh details in regard thereto. (PEC21-00010) Th, legal descrip-
tion of Ih, parcel Is:
A tract of land situated in the SE 1/4 NW 1/4 of Section 12, Township 5 South, Range 81 West of the 6th
P. M., lying N,gh.,,terly at the NortM1—baly high -water -line at Gore Creek and Southeasterly If U.S.
Highway Nc. 6, described as follows:
Beginning at a point on the North-South centerline of said Section 12, whence the North quarter corner of
said Section 12 bears Nodh 00 degrees 15 minutes 00 seconds East 2167.52 feet, thence South 00 did
grees 15 minutes 00 .... d, West 85 44 1- along the N,dh-SouIM1 cemerline of said Section 12 1, a
Pan
cn said high -wafer -line; thence South 75 degrees 36 minul.s 27 seconds West 138.98 feel along
said high -water -line: thence South 54 degrees 43 minutes 17 seconds West 192.76 feet along said high --
ate, -line; thence South 45 degrees 55 minutes 47 seconds West 87.97 feet atony said high "t"
thence South 34 degrees 43 minutes 11 seconds West 0029 feet along said high -water -line; thence
S, h 04 degrees 47 minutes 15 seconds We.1108861-along said higM1-waler-line; In—, S,ulh 16
degrees 44 minutes 10 ...ands West 102.85 feel along said high-walar-line; thence South 30 degrees
43 minutes 21 seconds West 22.27 feet along said high -water -line to a point on the East-West centerline
of saidSection 12; thence S..h e9 degrees 02 minutes West 388.21 feet along said centerline to a point
on the Southeasterly right of way line Inn
highway: thence Nodh 52 111 35 minutes East 866.87
feel along said high., right If by; thence Nodh 66 degrees 53 minutes 25 seconds East 164 20 feel 1,
a point on the Nodh-South centerline of section 12, 10 the Paint If Beginning;
Also being described and measured as:
Beginning aI a point cn the Nodh-Sculh cemerline ,f said Sedion 12; Whence the HInh quader corner
of said Section 12 bears N 00°38'56" 12160.99; thence S 00°38'56' W a diiin— at 65.46 feel along lh.
Nod -South centerline of said Section 12 to a point on said high water line; thence S 75°34'51" W a dis-
tance of 138.88 fong said high water line; thence S 54"41'41" W a distance of 192.]6 feet alongg
said high water line; eet althence S 45°54'11" W a distance of 87.97 feet along said high water line: than,, S
34°4135" W a di.Iance If 8029 feet along said high wafer line; thence S 04°45'39; W a distance ,f
108.861,,1 along said high water line; thence S 16°44'58" W e dislance at 102.85 feel along said high
water line; thence S 41°04'16" W a distance of 22.54 feet along said high water line to a point on the
East-West centerline of said Section 12; thence S 89"17'12" W a distance of 383.87 feet along said cen-
terline to a point on the Southeasterly right of way line of said highway; thence N 52°44'32' E a distance
at 861.89 feet all said high by right of way; thence N 66°4657" E a dislance If 16646 feet on the
Narl Wh centerline at said Section 121, the Pail at Beginning;
County of Eagle, State of Colorado.
Applicant: Vail Hotel Padnem LLC, represented by Mauriellc Planning Group
Planner: Jonathan Spance
A request for a r.ccmmendlion I, the Vail Town Council far a zone district boundary amentlmem, par -
_nn to Section 12-3-7, Amendment, Vail Town Cotle, to allow for the rezoning of approximately 2.19
es from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Front-
age Road West and setting fodh details is ragard thereto. (PEC21-0009) The legal description of the par -
cal ,
A tract of land situated in the SE 1/4 NW 1/4 of Section 12, Township 5 South, Range 81 West of the 6th
P.M., I,ingg Nodhwesterly of the Northwesterly high -water -line of Gore Creek and Scull ... lady of U.S.
Highway No. e, described as follows:
Beginning aI a pail on the Nodh-South centerline of said Seclion 12, whence the Nodh quader corner of
said Section 12 bears Ni 00 degrees 15 minutes 00 seconds East 2167.52 feet; thence South 00 de -
"971''""11 iseconds West 85.44 feet along the Nodh-South centerline of said Section 12 to a
I on said high -water -line; thane South ]5 degrees 3s minutes 27 seconds West 138.98 feet along
said higM1-wm.r-line: thence Sculh 54 degrees 43 minutes 17 second. WesI 19276 feet along said high --
water -line; Ih.nc. Stull, 45 degrees55 minmes 47 seconds West 87.97 feel along said high -water -line;
thence South 34 degrees 43 minutes 11 seconds West 80.29 feet along said high -water -line; thence
South 04 degrees 47 minutes 15 seconds West 108.86 feet along aid high -water -Ile; thence South 16
degrees 44 minutes 10 seconds West 102.85 feet along said high water -line; thence South 30 degrees
43 minutes 21 seconds We.I 22 27 feel along said M1igh-water-line 1, a pant,n IM1e East-West darner—
at said Bad bit 12; thence South 89 degrees 02 minutes W-388.21 1- along said centerline 1, a point
n the Southeasterly right of way line of said highway; thence North 52 degrees 35 minutes East 866.87
feet along said highway right of way; thence Nodh Gl degrees 53 minutes 25 seconds East 164.2. feet to
a point on the Nodh-South centerline of section 12, to the Point of Beginning;
Also being described and measured as:
Beginning at a point on the North-South centerline of said Section 12; Whence the Nodh quader corner of
said Section 12 bears N 00°38'56' E 2160.99; thence S 00°38'56' W a distance of 85.46 lest along the
Nall -South cemerline of said Seclion 121, a Poim an said high water line; thence S ]5°34'51" W a dis-
tance of 138.66 fie along said high wafer line; thenen S 54°41'41" W a dislance of 192.76 1- all
said high water line; thence S 45.54'11" W a distance of 87.97 feet along said high water line: thence S
34"41'35" W a distance ,t 80.29 test along said high water line; thence S 04"45'39; W a distance of
108.86 feet along said high water line; thence S 16°44'58" W a distance of 10205 feet along said high
wafer line; thence S 41°04'16" W a dislance at 22.54 lest along said high water line 1, a point on the
East-WesI di,n ins at said Seclion 12; Ihence S 89.1]'12" W a dislance of 383.87 leer along said cen-
terline to a point on the Southeasterly right of way line of said highway; thence N 52°44'32' E a distance
of 861 89 feet along sad h yh way right of way thence N 66'46 '57" E a distance of 166.46 feet on the
Nodh South center) ne of sa d Sect on 12 to the Pont of Beg nn nq,
Caunly ,f Eagle, Stm.,f Colorado
Applicant: Vail Hotel Partners it represemed by Mauriellc Planning Group
Planner: Jonathan Spence
A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan,
pursuant t Sedion 8-3, Amendment Process, Vail Lantl Use Plan, 1, change IM1e designation at an ap-
prcximal. 2.3 acre pcdion of Tract A, Mitltlle Greek Subdivision, tram Open Space W High Density Resi-
d—ial, and .,frog forth details in regard thereto. (PEC21-0004)
Applicant: Town of Vail, represented by Vail Home Par—
Planner: Jonathan Spance
A request fora remmmendation I, the Vail Town Council far a zone district boundary amentlmem, par-
uant to Sedion 12-3-7, Amendment, Vail Town Cotle, to allow for the rezoning of approximately 4.4,
ad as from the General Use (GU) zoning to Natural Area Preservation (NAP) and approximately 2.3 aures
from Natural Area Preservation (NAP) zoning tc Housing (H) within Tract A, ICreek Subdivision, and
selling fodh details in regard thereto. (PEC21-0005)
Applicant: Town o1 Vail, represemed by Vail Home Padners
Planner: Jonathan Spence
A request for review If a Minor Subdivision, pursuant t, Titleeek 13, Chapter 4, Minor SubVail Town
Cotle, I, allow far subdivision at the exiling Tract A, Middle CrSubdivision, Into divisions, Iwo parcels, Tract Al
(approximately 14.9 acres) and Lot 4 (appmxinni 2.3 acres), and setting fodh d-ils in regal Ih,r,1o.
(PEC21-0006)
Applicant: Town of Vail, represented by Vail Home Padners
Planner: Jcnafhan Spence
The applications and inlormalion about Ih, proposals are vailabl, for public inspection during office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is In
bill to attend site visits. Please ,It 970-479-2138 or visit www.vailga—and/planning for additional infor-
mation.
Sign language interpretalmn available upon r,qu,sl with 24-hour nolilicati,n, dial 711
Published February 19, 2021 in the Vail Daily. 0000662243