HomeMy WebLinkAbout2022-01-10 PECPLANNING AND ENVIRONMENTAL
COMMISSION
January 10, 2022, 1:00 PM
Virtual on Zoom
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
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1.2. Attendance
Present: Ludwig Kurz, Brian Gillette, Rollie Kjesbo, Karen Perez, Jenn
Bruno, Reid Phillips, Henry Pratt
Absent: None
1.3. Swearing in of New Member Jenn Bruno
Main Agenda
2.1. A request for a recommendation to the Vail Town Council for a zone district 20 min.
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village
Filing (826 Forest Road) from Two -Family Primary/Secondary Residential
(PS) to Outdoor Recreation (OR) and to zone a portion of the Forest Road
ROW to Two -Family Primary/Secondary Residential (PS) and setting forth
details in regard thereto. (PEC21-0051)
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
Planning Manager Jonathan Spence gives a presentation about the
application regarding items 2.1 and 2.2.
Gillette joins meeting.
Kurz asks about the property exchange agreement.
Spence clarifies that the signed agreement was not included in the packet
but has been completed.
Pratt asks if the land swap was square foot for square foot.
Spence confirms.
Perez asks if there is owner comment.
Kurz asks for public input.
Kyle Webb is with KH Webb Architects representing the applicants. He
says he is happy to answer questions.
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (7-0).
2.2. A request for review of a Minor Subdivision, pursuant to Section 13-4, 20 min.
Minor Subdivisions, Vail Town Code, to adjust property lines in the vicinity of
Lots 14 and 15, Block 1, Vail Village Filing 6, and setting forth details in
regard thereto. (PEC21-0050)
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
1. Prior to providing the plat to the Town of Vail for appropriate
signatures, the plat shall be amended to correct minor discrepancies
related to lot size and plat format.
Perez notes that this item in the web agenda links to Item 2.1.
Kurz asks for public input.
Perez says she couldn't read the item in the packet so it will be difficult to
vote on.
Gillette asks a clarifying question about the findings.
Spence clarifies staff recommendations regarding findings and conditions.
Perez says she is not comfortable voting without having read the memo.
Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the
motion and it passed (6-0).
Abstain: (1) Perez
2.3. A request for the review of a Variance from Section 12-21-12, Restrictions 20 min.
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail
Village Filing No. 6 and setting forth details in regard thereto. (PEC21-
0045)
PEC21-0045 & PEC21-0048 will be heard concurrently.
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Prior to submitting for a building permit for either Lot 14 or Lot 15,
the applicant shall submit a complete application for an amended plat
for 830 Forest Road.
Item 2.3 and 2.4 will be heard concurrently.
Planner Spence gives a presentation on the application and the history of
the property. Staff finds that the criteria for variances has been met.
Pratt asks if the driveway section on the eastern lot shows walls and the
height of those walls.
Spence confirms the walls meet code and do not exceed 6 feet.
Phillips asks if there has been Fire department input on this?
Spence says the Fire Department has been involved in the review.
Webb gives a presentation on the application. He thanks town staff. He says
they have been working on this over a year. He talks about the challenges of
the site. He goes through versions of the plan. He says it has been a
collaborative process to get the driveway number as low as possible.
Gillette asks about legally conforming access to the ROW.
Webb talks about conforming access, lot 826 will have it with easement
access.
Gillette asks if the turnaround was ROW or open space?
Webb says staff couldn't classify it, but they needed a hammerhead
turnaround in that area.
Kurz asks for public input.
Perez says staff and the applicant have done a great job in trying to make
this work, and this is what a proper hardship looks like.
Gillette says that last meeting the board turned down a variance request. He
says this application has good reason for a variance but so did the
application last meeting. They shouldn't dismiss them easily.
Perez says the applicant needs to make the effort.
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
2.4. A request for the review of a Variance from Section 12-21-12, Restrictions
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 826 Forest Road/Lot 15, Block 1, Vail Village Filing 6
and setting forth details in regard thereto. (PEC21-0048)
PEC21-0045 & PEC21-0048 will be heard concurrently.
Please see PEC21-0045 for the staff memorandum and related
attachments.
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Prior to submitting for a building permit for either Lot 14 or Lot 15,
the applicant shall submit a complete application for an amended plat
for 830 Forest Road.
Item 2.3 and 2.4 will be heard concurrently.
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
3. Approval of Minutes
3.1. December 13, 2021 PEC Results
Reid Phillips moved to approve. Rollie Kjesbo seconded the motion and it
passed (6-0).
Abstain: (1) Bruno
4. Adjournment
The applications and information about the proposals are available for public inspection during regular office hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department.
Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the
Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC:
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City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: Attendance
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: Swearing in of New Member Jenn Bruno
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January 10, 2022
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 a portion of Lot 15, Block 1, Vail Village Filing (826 Forest Road) from
Two -Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to zone a portion of the Forest Road ROW to Two -
Family Primary/Secondary Residential (PS) and setting forth details in regard thereto. (PEC21-0051)
ATTACHMENTS:
File Name
PEC21-0051 Staff Memorandum.pdf
Attachment A. Zoning Exhibit.pdf
Attachment B. Ordinance No. 14 Series of 2021.pdf
Description
PEC21-0051 Staff Memorandum
Attachment A. Zoning Exhibit
Attachment B. Ordinance No. 14, Series of 2021
TOWN OF
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: January 10, 2022
Subject: A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village Filing No. 6
(826 Forest Road) from Two -Family Primary/Secondary Residential (PS) to
Outdoor Recreation (OR) and to zone a portion of the Forest Road ROW to Two -
Family Primary/Secondary Residential (PS) and setting forth details in regard
thereto. (PEC21-0051)
Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects
Planner: Jonathan Spence
SUMMARY
The applicant, Mexamer Forest Road LLC, represented by KH Webb Architects, is
requesting a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of a portion of Lot 15, Block 1, Vail Village Filing (826 Forest Road) from Two -
Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and to zone a
portion of the Forest Road ROW to Two -Family Primary/Secondary Residential (PS).
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval, to the Vail Town Council, for a zone district boundary
amendment, subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for rezoning of a portion of Lot 15, Block 1, Vail Village Filing No. 6 (826
Forest Road) from Two -Family Primary/Secondary Residential (PS) to Outdoor
Recreation (OR) and to zone a portion of the Forest Road ROW to Two -Family
Primary/Secondary Residential (PS). The rezonings are necessary to maintain zoning
consistency following a land swap between the property owner of 816 and 826 Forest
Road and the Town of Vail.
The map below shows the existing Official Zoning Map and the result of the
amendment, if approved by the Town Council.
III. BACKGROUND
Lots 14 and 15 of Vail Village Filing No. 6 were platted under Eagle County jurisdiction
in 1964. A single-family home was formerly located on Lot 14 with a significant number
of wood stairs accessing it from W. Forest Road. The parking for this home was
historically located within the West Forest Road Right of Way, within a large flat area
between the private lot and Gore Creek. That home has since been demolished along
with the stairs. Any new development is required to meet Town Code and Development
Standards and park on private property, not within the Town Right of Way.
The developer completed a land swap with the Town of Vail in the fall of 2021. The
purpose of the land swap is to assist in gaining access. The portion of Right of Way the
developer acquired is mostly on the steep slope between the large flat area and the
private lots. This allows the Town to use the flat area within the Right of Way for a truck
turnaround, snow storage, and intermittent staging as it is used today. The portion of
Town of Vail Page 2
property that the Town would receive is adjacent to Gore Creek and 830 West Forest
Road, a lot already owned by the Town of Vail. It is a relatively steep site and includes
an existing informal trail that connects the Gore Valley Trail to the West Forest Road
Right of Way.
IV. APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Land Use Plan Chapter 11— Land Use Goals and Policies (in Part)
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.
ollows:
1. General Growth/ Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, c o m m e rc i a l 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.
1.12. 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.
Town of Vail Page 3
5.4. Residential growth should keep pace with the marketplace demands for
a full range of housing types.
B. Title 12, Zoning Regulations, Vail Town Code (in part)
Chapter 12-1: Title, Purpose and Applicability
12-1-2: Purpose.-
A.
urpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes.-
1.
urposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
V. SURROUNDING LAND USES
Land Uses Zoning
Town of Vail Page 4
North: ERWSD Lionshead Mixed Use 1
South: Undeveloped US Forest (County)
East: Residential Primary/Secondary Residential
West: Undeveloped Outdoor Recreation (OR) (Town Owned)
VI. SITE ANALYSIS
/_1r'.CI��E:�i[�E:3��:117.7�i:Z•FL'.I
Legal Description: Lot 14/15, Vail Village Filing No. 6
Zoning: Primary Secondary Residential
Land Use Plan Designation: Low Density Residential
Current Land Use: Vacant Land
Geological Hazards: None
VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA
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.
Staff finds the proposed rezoning to be consistent with the following goals of the Vail
Land Use Plan:
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.
1.3 The quality of development should be maintained and upgraded whenever
possible.
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.
Town of Vail Page 5
5.4. Residential growth should keep pace with the marketplace demands for a full
range of housing types.
Staff finds the proposed rezoning to be consistent with the following general and
specific purposes of the Town's adopted Zoning Regulations:
12-1-2: Purpose.-
A.
urpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town, and to promote the
coordinated and harmonious development of the town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes.-
1.
urposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
Town of Vail Page 6
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds the proposed rezoning to be consistent with the following purpose of the
Two -Family Primary/Secondary Residential (PS) District identified in Section 12-6D-1,
Purpose, Vail Town Code:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
Therefore, Staff finds the proposed rezoning meets this review criterion.
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.
The purpose of the zone district boundary amendment is to bring the Official Zoning
Map into compliance with the amended property lines resulting from the completed land
exchange.
Staff finds that the proposed rezoning is suitable with the potential uses on the site and
with potential and existing surrounding uses. Therefore, Staff finds the proposed
rezoning meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives.
The proposed zone district amendment will allow for development that is harmonious
with its surrounding uses. A portion of Lot 15 involved in the land exchange will remain
in its undeveloped state and become part of 830 Forest Road, a Town -owned parcel
zoned Outdoor Recreation.
Therefore, Staff finds the proposed rezoning meets this review criterion.
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.
Town of Vail Page 7
The development standards of the Two -Family Primary/Secondary Residential (PS)
District will ensure appropriate, compatible development that is in the best interest of the
community. This zoning amendment does not result in the granting of privilege nor is it
incompatible with the Vail Comprehensive Plan, two tests for a determination of spot
zoning. Therefore, Staff does not believe the applicant's proposal constitutes a spot
zoning and finds the proposed rezoning meets this review criterion.
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.
Staff finds that rezoning of the subject properties will not substantially alter the impacts
on the natural environment in comparison to existing zoning conditions. All appropriate
measures to address issues including stormwater runoff and water quality shall be
required with any development proposal.
Therefore, Staff finds the proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
As identified above, Staff finds that the proposed rezoning is consistent with the
purpose of the Two -Family Primary/Secondary Residential (PS) District. The rezoning
and subsequent development further the purpose of the zone district by providing a
suitable location for residential development and constructed to maintain the desirable
residential qualities of the district and the greater neighborhood.
Therefore, Staff believes the proposed rezoning meets this review criterion.
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.
The minor zone district amendment is the result of a unique circumstance involving the
relationship of existing property lines, Town -owned property and dramatic changes in
grade. The zoning amendment seeks to improve upon this existing condition while
preserving needed Town functions in the area.
Therefore, Staff believes the proposed rezoning meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
Town of Vail Page 8
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, to the Vail Town
Council, for a zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of a portion of Lot 15, Block 1,
Vail Village Filing No. 6 (826 Forest Road) from Two -Family Primary/Secondary
Residential (PS) to Outdoor Recreation (OR) and to zone a portion of the Forest Road
ROW to Two -Family Primary/Secondary Residential (PS) and setting forth details in
regard thereto. (PEC21-0051). Staff's recommendation is based upon the review of the
criteria described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning
of a portion of Lot 15, Block 1, Vail Village Filing No. 6 (826 Forest Road) from
Two -Family Primary/Secondary Residential (PS) to Outdoor Recreation (OR) and
to zone a portion of the Forest Road ROW to Two -Family Primary/Secondary
Residential (PS) and setting forth details in regard thereto. (PEC21-0051).
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission makes the following findings:
'Based upon the review of the criteria outlined in Section Vll this Staff
memorandum to the Planning and Environmental Commission dated January 10,
2022, and the evidence and testimony presented, the Planning and Environmental
Commission finds.-
1.
inds:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is compatible with the development objectives of the town, and
2. That the amendment furthers the general and specific purposes of the zoning
regulations, and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of
the town in a manner that conserves and enhances its natural environment
Town of Vail Page 9
and its established character as a resort and residential community of the
highest quality.
IX. ATTACHMENTS
A. Zoning exhibit
B. Ordinance No. 14, Series of 2021
Town of Vail Page 10
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ORDINANCE NO. 14
SERIES 2021
AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN
PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST
ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND
APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO
ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816
WEST FOREST ROAD
WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at
816 West Forest Road, Vail, Colorado;
WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road;
WHEREAS, Mexamer intends to construct two residences at 816 West Forest
Road, and to allow for access to those residences, Mexamer has requested that the Town
exchange portions of the Town's right-of-way in West Forest Road with portions of what
is now private property;
WHEREAS, the properties being exchanged are of like kind and equal value;
WHEREAS, the property being transferred to the Town is sufficient for the right-of-
way for West Forest Road;
WHEREAS, the Town and Mexamer have negotiated an agreement governing the
exchange of property (the "Exchange Agreement");
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the transfer of real property by ordinance; and
WHEREAS, the Town Council finds and determines that the transfer of the right-
of-way to Mexamer under the terms of the Exchange Agreement is in the best interest of
the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Exchange Agreement between the Town and Mexamer is
hereby approved in substantially the form attached hereto, subject to approval by the
Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute
the Exchange Agreement on behalf of the Town.
Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the transfer of certain portions of the Town's right-of-way in West
Forest Road, as more particularly described in the exhibits to the Exchange Agreement,
to Mexamer, in exchange for the receipt of private property from Mexamer, as more
particularly described in the exhibits to the Exchange Agreement. The Town Manager is
1
7/1/2021
C:IPROGRAM FILES ()(86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDC18619E263-8B3F-4DCD-AOC7-
C7AFBEB1AOE7WAIL GOV. 16741.1.816W FOREST TRANSFER-0063021.DOCX
hereby authorized to sign all documents necessary to complete the exchange of such
property, subject to approval of such documents by the Town Attorney.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of July, 2021, and a public
hearing for second reading of this Ordinance set for the A""day of J,t , 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
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Tam -Na-ge TClerci'pOR-10A
READ AND APPROVED ON SECOND
this 2Crl"'day of I., k"i , 2021. e
Chapin, Ma
GAND ORDWED PUBLISHED
Opa i ha in Mayor
ATTEST:
. , S9
ammy agel, Town rk �1✓
�p0 R A-��®
2
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PROPERTY EXCHANGE AGREEMENT
THIS PROPERTY EXCHANGE AGREEMENT (the "Agreement") is made and
entered into this day of , 2021 (the "Effective Date"), by and between
the Mexamer Forest Road, LLC a Colorado limited liability company, with an address of
P.O. Box 1292, Vail, CO 81658 ("Mexamer") and the Town of Vail, a Colorado home rule
municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town")
(each a "Party" and collectively the "Parties").
WHEREAS, Mexamer owns certain real property more particularly described as
follows: LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH FILING, ACCORDING TO THE PLAT
RECORDED JUNE 1, 1964 UNDER RECEPTION NO. 99380, COUNTY OF EAGLE,
STATE OF COLORADO ("Lot 14"); and LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH
FILING, ACCORDING TO THE PLAT RECORDED JUNE 1, 1964 UNDER RECEPTION
NO. 99380, COUNTY OF EAGLE, STATE OF COLORADO ("Lot 15") (Lot 14 and Lot 15
are herein referred to collectively as the "Original Mexamer Property");
WHEREAS, the Town owns the right-of-way for Forest Road located adjacent to
the Original Mexamer Property (the "Right -of -Way Parcel"); and
WHEREAS, Mexamer intends to construct two residences on the Original
Mexamer Property, and to allow for access to those residences, the Parties desire to
exchange portions of the Original Mexamer Property and the Right -of -Way Parcel as
more particularly described in Exhibit A and Exhibit B, attached hereto and incorporated
herein by this reference, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above premises, the mutual promises
and covenants below, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the Parties agree as follows:
Exchanae Terms.
a. The Parties acknowledge that the portions of the Mexamer Property and the
Right -of -Way Parcel to be exchanged are of like kind and equal value, so that no
compensation shall be paid by either Party to the other for the exchange; provided that
Mexamer shall, on or before August 7, 2021, donate $10,000 to the Town to be used for
the replacement of trees that will be removed as a result of the exchange.
b. Mexamer hereby agrees to grant and convey to the Town, by quitclaim
deed, all of Mexamer's rights and interests in and to the portion of Lot 15 legally described
in Exhibit A and identified as the "AREA TO BE CONVEYED TO THE TOWN OF VAIL"
thereon.
C. The Town hereby agrees to grant and convey to Mexamer, by quitclaim
deed, all of the Town's rights and interests in and to the two portions of the Right -of -Way
Parcel legally described in Exhibit B, attached hereto and incorporated herein by this
reference, and identified as "TOWN OF VAIL TO 816 W. FOREST ROAD" and "TOWN
OF VAIL TO 826 W. FOREST ROAD" thereon.
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d. Mexamer acknowledges that the Town may only dispose of public property
following adoption by the Vail Town Council of an ordinance authorizing the disposal. As
such, the quitclaim deeds contemplated by this Agreement cannot be executed until after
the effective date of such ordinance. If the Town Council fails to adopt such an ordinance
on or before August 1, 2021, this Agreement shall terminate without further action of the
Parties and shall be of no further force and effect.
2. Covenants of Mexamer. Mexamer hereby represents, covenants, and warrants in
favor of the Town as follows:
a. Mexamer hereby represents and warrants to the Town that all of the
following are true and correct as of the Effective Date: this Agreement has been duly
authorized and executed by Mexamer as the legal, valid and binding obligation of
Mexamer, and is enforceable as to Mexamer in accordance with its terms; the person
executing this Agreement on behalf of Mexamer is duly authorized and empowered to
execute and deliver this Agreement on behalf of Mexamer; to the best of Mexamer's
knowledge, there is no pending or threatened litigation, administrative proceeding or other
proceeding pending or threatened against Mexamer or the Original Mexamer Property
that, if decided or determined adversely, would have a material adverse effect on the
ability of Mexamer to undertake its obligations under this Agreement; and neither the
execution of this Agreement nor the consummation of the transaction contemplated by
this Agreement will constitute a breach under any contract, agreement or obligation to
which Mexamer is a party or by which Mexamer is bound or affected.
3. Indemnification. Mexamer agrees to indemnify, defend, and hold the Town and its
officers, insurers, volunteers, representative, agents, employees, heirs and assigns
harmless from and against any and all claims, liability, damages, losses, expenses and
demands, including reasonable attorney fees, on account of injury, loss, or damage,
including without limitation claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever, which
arise out of or are in any manner connected with this Agreement; provided however, that
Mexamer shall not indemnify, defend or hold the Town harmless for the Town's own
negligence.
4. Costs. Mexamer shall reimburse the Town for all costs incurred by the Town in
connection with this Agreement and the exchange contemplated herein, including without
limitation consultant fees and attorney fees. Mexamer shall pay such costs within 7 days
after receipt of a written invoice from the Town.
5. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute the entire
agreement between Mexamer and the Town, superseding all prior oral or written
communications.
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C. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective heirs, successors and assigns.
d. Severability. If any provision of this Agreement is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
f. Assignment. Mexamer shall not assign or transfer any of its rights or
obligations under this Agreement without the prior written approval of the Town.
g. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town under this Agreement are specifically
contingent upon annual appropriation of funds sufficient to perform such obligations. This
Agreement shall never constitute a debt or obligation of the Town within any statutory or
constitutional provision.
i. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
j. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement.
k. Governmental Immunity. The Town, its officers, and its employees, are
relying on, and do not waive or intend to waive by any provision of this Contract, the
monetary limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or
otherwise available to the Town and its officers or employees.
I. Rights and Remedies. Delays in enforcement or the waiver of any one or
more defaults or breaches of this Agreement by either Party shall not constitute a waiver
of any of the other terms or obligation of this Agreement. The rights and remedies of the
Parties under this Agreement are in addition to any other rights and remedies provided
by law.
3
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ATTEST:
Tammy Nagel, Town Clerk
STATE OF COLORADO
COUNTY OF
TOWN OF VAIL, COLORADO
Scott Robson, Town Manager
MEXAMER FOREST ROAD, LLC
a Colorado limited liability company
By:
Luis Alberto Harvey Mac Kissak
) ss. Manager
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this day of , 2021, by Luis Alberto Harvey Mac Kissak as
the Manager of Mexamer Forest Road, LLC, a Colorado limited liability company.
My commission expires:
(SEAL)
Notary Public
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EXHIBIT
A
LAND DESCRIPTION
826 W. FOREST ROAD TO TOWN OF VAIL
A PORTION OF LOT 15, BLOCK l OF VAIL VILLAGE, SD(TH FILING, LYING WITHIN THE NORTHWEST
QUARTER OF SECTION 7, TOWNSHIP S SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
TOWN OF VAIL COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
BEGINNWf AT THE NORTHEAST CORNER OF SAID LOT 15;
THENCE ALONG THE NORTH UNE OF SAID LOT 15, NORTH 73'57'02" EAST, A DISTANCE OF 66.25 FEET
TO THE MOST NORTHERLY CORNER OF SAID LOT 1S;
THENCE ALONG THE BOUNDARY OF SAID LAT 1S, SOUTH 16'02'58' WEST, A DISTANCE Of 31.4$ FEET;
THENCE DEPARTING SAID BOUNDARY, SOUTH 73'57'02" WEST, A DISTANCE OF 76.64 FEET TO A POINT
ON THE WEST UNE Of SAID LOT 15;
THENCE ALONG SAID WEST LINE OF LOT 15, NORTH 02'14'25' EAST, A DISTANCE OF 33.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,249 SQUARE FEET OR 0.052 ACRE OF LAND.
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL
VILLAGE, SIXTH FILING. SAID LINE 15 ASSUMED TO BEAR SOUTH 02'14'25" WEST AND IIS MONUMENTED
AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A
NUMBER 3 REBAR.
PREPARED BY:
STACY LYNN JACOBS, PLSv
.'
.• •, R
COLORADO REGISTRATION NO. 38495
1 38495
FOR, AND ON BEHALF OF;
R&R ENGINEERS -SURVEYORS, INC.
C~' '• �6 �t� l
PROIECF NO. EV20127`��s
~'N...«•''�
'l1Y NA L i.�N��e
5
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EXHIBIT TO ACCOMPANY LAND DESCRIPTION
A PORTION OF LOT 15, BLOCK 1 OF VAIL VILLAGE, SIXTH FILING, LYING WITHIN
THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH,
RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO
E
li? .,'a' "E
HEOhNNIAIG W. FOREST ROAD
z BLOCK !
L•Li �.
LL 1
W W
w W r
W W
�111L
TNI L,;] . I vEx T T E-,I.T THE -Jr—HE LE,LL
E . I .T1 a.c I• F.', I�,F)6'VlTl:'•:aL E. L'
fT ..E. ;CT ;E'IiE`E.T c teCr•j:."E?E', L.rcE
LAND DESCRIPTION
2
of
2
�YONNy
W"AAYIi'SY—'qu�
PARCEL CONTAINS 2,240 M FC. OR 0.052 ACRE
RSR ENONEERB-$IJRYEyon NIL
IM W. faM AMA SUITE =
po *w7sl-m
yM11Nf mm
6
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EXHIBIT
B
LAND DESCRIPTION
TOWN OF VAIL TO 826 W. FOREST ROAD
A PORTION OF THE NORTHWEST QUARTER. OF SECTION 7, TOWNSHIP S SOUTH, RANGE 80 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, TOWN OF VA14 COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS-.
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 15, CLOCK 1, VAIL VILLAGE SIXTH FLUNG;
THENC(' ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16'03'5$" EAST, A DISTANCE OF 37.04 FEET TO
THE PO4NT OF BEGINNING, BEING THE BEGINNING OF ANON -TANGENT CURVE HAVING A RADIUS OF
45.34 FEET;
THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY,
THROUGH A CENTRAL ANGLE OF 40.27'45", FOR AN ARC LENGTH OF 32-02 FEET THE CHORD OF SAID
CURVE BEARS SOUTH 78'45'17" EAST FOR A LENGTH OF 31.36 FEET);
THENCE NOWTANGENT TO THE LAST DESCRIBED CURVE, SOUTH 62''34'44' EAST, A DISTANCE OF 4 98
FEET, TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 15;
THENCEALONG SAID NORTHERLY EXTENSION OF SAID LOT 15, SOUTH 02'14'25" WEST, A 134STANCE OF
17.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 15;
THENCE ALONG THE BOUNDARY OF SAID LUT 15, SOUTH 88.14'31" EAST, A DISTANCE OF 26.77 FEETTO
AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 15;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 15, I'"TH 16'OQ'58' WEST, A DISTANCE OF
27,96 FEET TO THE POINT OF BEGINNING,
CONTAINING 756 SQUARE FEET OR 0.017 ACRE OF LAND
THE BASIS OF BEARINGS FOR THIS LEGAL, DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL
VILLAGE, SIXTH FILING- SAID LINE IS ASSUMED TO BEAR SOUTH 02"14'25" WEST AND IS MONUMENTED
AT THE NORTH END BY A NUMBER 3 RE BAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A
NUMBER 3 REBAR.
PREPARED BY:
STACY LYNN JACOBS, PLS ` �
COLORADO REGISTRATION NO, 38495 '� 38495
FOR, AND ON BEHALF OF:
R&R ENGINEERS -SURVEYORS, INC. fi`S'•�...,•-.•
PIROJECT NO. EVZO127 i+At 14� ie
1 OF 7
7
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EXHIBIT TO ACCOMPANY LAND DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH,
RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO
I R=45.34'
POINTOF LFL=32.02'
f -L1 ChR=578'45'17"E Jlr
Ch L=31.3 5'
W. FOREST ROAD a a�
r
/-L2
SCALE: 1"=BD'
J�r L5�
—L3
PUIN'POF� L41 �_TOIIW OF UAJL ITO
826 IN FOREST ROAD
L�
t
3
�j n1
"v
LINE DATA TABLE
LINE DIF?ECTIQN LENGTH
L
C7 07
V7 o a
a:
:c r -
Q2 w R
o [j
m w
Lo
6�'29t'�2
J CMS
,OTE
THIS ORNkING IS NEMIT TO DEPICT THE ATTACHED LEG?L
GESCRIPTIDN AND 15 FOR INFDRMATIOLiL PURP05E5 ONL'f.
ff DOES N61 REPRESENT A MONUMEM0 LAND SUR)Ef. PARCEL CONTAINS 756 SO, FT. OR 0.017 ACRE
LAND DESCRIPTION RdR ENGINEERS -SURVEYOR$, INC.
Date: 6/28/2021 5h oet W5 W. VN AMM SUM?p
2 LeNEK OOLOHAW aoeoa
row n Of PH 303-763750
ChecudoJob No.: v7nj�i7 2 9 WWWRE 0NEEWCON
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#
L1
51 fi'02'5B"E
37.04'
L<
562'3'44"E
4,98'
L3
5G2'14'25"'di
17,65'
L4
588' 1 4' 31 '1U
26.?7'
L5
PJ16'02'5S"lh'
�?.96'
FOREST RD EXCHANGE-A070121.DOCX
LAND DESCRIPTION
TO WF,,I OF VAILTO 816W. FOREST ROAD
A PORTION OF THE NORTHWEST OUAII(TER OF 5EiT10N 7, Tp Ot4SHIP 5 SOUTH, RANGE 90 WEST 0' THE
SIXTH PRINCIPAL MERIDIAN, TOYJN OF VAII, COUNTY OF EAGLE, STATE OFC01-01114110, RF INC NgORE
PART1CUL4RLYDESCRIBEDAS FOLLOWS:
COMMENCING AT THE NORTHEAST CON NEROF LOT 14, BLACK 1, VAIL VILLAGE, SIXTH FILING,
TI I[ KE ALONG TH E NORTH UHF. OF 5 MD LOT 14, SOUTH 38'14'31-' WEST, A DISTANCE OF 110.261 F.t I
TO THE NORWAIEST CCIRNER OFS.AID LOT 14 AND THF POINT OF BEGINNING;
THE NCL ALONG THE AJORT}fEtt-Y PROLONGATION 0FTHE 1VEST LINE OF SAID LOT 14, NORTH 4324'35"
EAST, A DISTANCE OP 17-65 FEET TO THE BEGINNING OFA NON-TAVGENT CURVE HAVIKG A PADJUS OF
61.05 rECT;
THENCE CU RVING TO TH E LEFT ALAN G THE ARC OF SAI) CLIRVF, CONCAVE NORTH EASTERLY, THROUGH
A CENTRAL ANGI F QF FOR AN ARC LENGTH OF 24,65 FEET (THE CHORD OF SAID CURVE
BEARS SOUTH 77'CY3!" FOR A LENGTH OF 24,45 FEET),
THENCE fJONI-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 83°36'09" EAST, A DISTANCE OF4.65
FEET TU THE BEGINNING OF A NON -TANGENT CURVE KAVING A RADIUS CIF .14.51 FE ET;
THENCE CLRVING TD THF LFITALCMG THE ARC OF SAID CURVE, CONCAVE NOFt71HWESTERLY,
THROLIGH A CENTRAL ANGLE OF45`14'UQ", PDR -AN ARC LENGTH OG 34.51 FEET {THE CHORD OF SAID
CURVE FEARS NORTH 66'46'04° EA1T rOR A LENGTH O= 33.62 FEET];
THENCE NON-TANGfNr TO THE L ST DESCRIBED CURVE, NORTH 35+`54'26" EAST, A DISTAN(,F 1.1F 2.46
FEET;
THENCE SOUTh 63'53'25" EAST. A DISTANCE Of 54.06 FEET
TO THE POINT OF BEGINNING.
CONTA. "ING 1,494 SQUARE FEETOR 0,034 ACRE OF LAN F)
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE bVEST LINE OF LOT 15, BLOCK 1, WAIL
VILLAGE, SIKTN FILING, SAID LINE 15 ASSUMED TO BEAR SOUTH 02"14'25" WESTAND IS h40NUMENTED
AT THE NO RTH END BY A NU MBE R 3 FRE BAR BE ING 0.7 FEET NORTH ANF) AT THL SOI ETH EIJD BY A
NUMBER 3 REBAR.
1 DF 2
9
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-4
PREPARED 8Y:
n4
r
STAG ' 074N JAC+JES, PLS
COLORADO REGfSTRATION NO, 33495
U
FOR, AND ON BEHALF OF.
R&R EN GIN EE RS-SUftVEKJIRS,ItJC.
i,r4': '•......M'G�
�i
P1101`7 NO. F00127
J xt�1L•! ANO
1 DF 2
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EXHIBIT TO ACCOMPANY LAND DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH,
RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO
—04-5'14'04"N. FOREST ROAD s
R=4:3.11
ChB= N66' 46'04"E
ChL=33_fi2' SCALE: 1'=8a'
ti L4 POD,aF
1
L1
• =0�3'a6'01 "
R=61.05'
L= 24.65' -
Ch B= 577'00'34"E
C hL= 24.48'
C�
LINE #
BLOCK I
LENGTH
t�
Cyt
11Q.26'
L2
NO2'14'25"E
�r
eq
L3
568'3 6' 139 "E
4.J
�
N39'54'26"E
2.46-
L5
563'53'26"E
54.08'
❑
6
a
a
it
w
0
Qw,.
�
o
O
�
CQ
Ln
f
Erl
I
LD
m'
I
TOM OF VAfL TO
816 4FORE-ST ROAD
LINE DATA TABLE
LINE #
DIRECTION
LENGTH
L1
586'14'31'%V
11Q.26'
L2
NO2'14'25"E
17.65'
L3
568'3 6' 139 "E
4.65'
L4
N39'54'26"E
2.46-
L5
563'53'26"E
54.08'
v,Ywr
r—vwAvm
4 LAA—
.OTE
THIS ORL40)13 15 MEANT T6 DEPICT THE ATTACHED LEOFL
OESCRIPfIDti ,A140 15 FOR INFDRIAATIOEl41.. PURPOSES ONL'f.
IT DOES NOT REPRESEPIT A MONUMEMED LAPID SURVEY, PARCEL CONTAINS 1.484 SO. FT OR 0.034 ACRE
LAND DESCRIPTION R&R ENISINEERS-SURYEYORk INC.
Date: 6 28 2021 5h aet WX W. UTH AW3M S1STE 0
row
2 � COLU M 8DR04
n:
of PH 0100-7WOM
Chockxdo
Job No.; FV20197 2 WWWMENCIA211MCOM
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L9918 0:)'IIVA
OVON 1S3HOJ M 9T8
- Ll
- Ll
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January 10, 2022
ITEM/TOPIC:
A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to adjust property lines in
the vicinity of Lots 14 and 15, Block 1, Vail Village Filing 6, and setting forth details in regard thereto. (PEC21-0050)
ATTACHMFNTS-
File Name
PEC21-0050 Staff Memo.pdf
Attachment A. Project Narrative dated 1-03-2022.pdf
Attachment B. Land Swap Exhibit.pdf
Attachment C. Property Exchange Agreement.pdf
Attachment D. Draft Final Plat.pdf
Description
PEC21-0050 Staff Memo
Attachment A. Project Narrative dated 1-03-2022
Attachment B. Land Swap Exhibit
Attachment C. Property Exchange Agreement
Attachment D. Draft Final Plat
K) TOWN OF VAIL '
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 10, 2022
SUBJECT: A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to adjust property lines in the vicinity of Lots 14
and 15, Block 1, Vail Village Filing 6, and setting forth details in regard thereto.
(PEC21-0050)
Applicant: Mexamer Forest Road LLC, represented by KH Webb Architects
Planner: Jonathan Spence
SUMMARY
The applicant, Mexamer Forest Road LLC, represented by KH Webb Architects, is
requesting the review of a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions,
Vail Town Code, to allow for a subdivision to adjust property lines in the vicinity of Lots
14 and 15, 816 and 826 Forest Road, Block 1, Vail Village Filing 6.
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, Mexamer Forest Road LLC, represented by KH Webb Architects, is
requesting the review of a final plat to allow for the reconfiguration of the shared
property line and for revisions resulting from the property exchange with the Town of
Vail. The purpose of the proposed subdivision is to create a more workable property
division between the two lots while maintaining each individual lot's compliance with the
Town of Vail Zoning and Subdivision Regulations.
The graphic below demonstrates the proposed realignment of the shared lot line, along
with the land swap:
AMENDED FINAL PLAT
VAIL VILLAGE, SIXTH FILING THIRD AMENDMENT
A RESUBDIVISION OF LOTS 14 AND 15
LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,
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The Applicant's Narrative, (Attachment A), land swap exhibit (Attachment B), property
exchange agreement (Attachment C.) and draft final plat (Attachment D.) are attached
for review.
Town of Vail Page 2
III. BACKGROUND
Lots 14 and 15 of Vail Village Filing No. 6 were platted under Eagle County jurisdiction
in 1964. A single-family home was formerly located on Lot 14 with a significant number
of wood stairs accessing it from W. Forest Road. The parking for this home was
historically located within the West Forest Road Right of Way, within a large flat area
between the private lot and Gore Creek. That home has since been demolished along
with the stairs. Any new development is required to meet Town Code and Development
Standards and park on private property, not within the Town Right of Way.
The developer has completed a land swap with the Town of Vail in the fall of 2021. The
purpose of the land swap is to assist in gaining access. The portion of Right of Way the
developer acquired is mostly on the steep slope between the large flat area and the
private lots. This allows the Town to use the flat area within the Right of Way for a truck
turnaround, snow storage, and intermittent staging as it is used today. The portion of
property that the Town would receive is adjacent to Gore Creek and 830 West Forest
Road, a lot already owned by the Town of Vail. It is a relatively steep site and includes
an existing informal trail that connects the Gore Valley Trail to the West Forest Road
Right of Way.
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
Town of Vail Page 3
and air. Also intended is the improvement of land records and surveys, plans
and plats and to safeguard the interests of the public and subdivider and
provide consumer protection for the purchaser; and to regulate other matters
as the town planning and environmental commission and town council may
deem necessary in order to protect the best interests of the public.
C. Specific Purposes: These regulations are further intended to serve the
following specific purposes.-
1.
urposes:
1. To inform each subdivider of the standards and criteria by which
development proposals will be evaluated, and to provide information as
to the type and extent of improvements required.
2. To provide for the subdivision of property in the future without conflict
with development on adjacent land.
3. To protect and conserve the value of land throughout the municipality
and the value of buildings and improvements on the land.
4. To ensure that subdivision of property is in compliance with the town's
zoning ordinance, to achieve a harmonious, convenient, workable
relationship among land uses, consistent with town development
objectives.
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
Town of Vail Page 4
estate, fractional fee, or timeshare license, or any other division within a
subdivision within the town until such subdivision has been approved in
writing by the administrator, planning and environmental commission and/or
the council (whichever is applicable) and a plat thereof recorded in the office
of the Eagle County clerk and recorder; provided, however, that a written
agreement to sell or lease which is expressly conditioned upon full
compliance by the seller with the subdivision regulations of the town within a
specified period of time and which expressly recites the seller's failure to
satisfy such condition within such period of time shall terminate the
agreement and entitle the buyer to the prompt return of all consideration
heretofore paid by the buyer under such agreement, shall not constitute a
violation of this subsection.
B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein,
shall be transferred, conveyed, sold, subdivided or acquired either in whole or
in part, so as to create a new nonconforming lot, or to avoid or circumvent or
subvert any provision of this chapter.
C. Responsibility: The owner, developer, buyer, or seller shall be fully
responsible for all acts of agents or employees thereof that are committed in
violation of the terms of this chapter.
Chapter 4, Minor Subdivisions (in part)
13-4-2: PROCEDURE.-
The
ROCEDURE:
The procedure for a minor subdivision shall be as follows.-
A.
ollows:
A. Submission of Proposal; Waiver Of Requirements: The subdivider shall
submit two (2) copies of the proposal following the requirements for a final
plat in subsection 13-3-68 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
Town of Vail Page 5
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
Address: 816 and 826 Forest Road
Legal Description: Vail Village Filing 6, Lot 14 and 15
Zoning: Two -Family Primary/Secondary Residential (PS) District
Land Use Plan Designation: Low Density Residential
Current Land Use: Vacant
Geological Hazards: Steep Slopes
Standard
Allowed / Required P/S
Lot 14 Proposed/Allowed
Lot 15
Proposed/Allowed
Site Area
Min. 14,000 sq. ft.
Existing:43,244 sq. ft.
Existing: 46,972 sq. ft.
Proposed: 45,716 sq. ft
Proposed: 44,500 sq. ft.
Front — 20'
TBD
TBD
Setbacks
Side — 15'
Rear — 15'
Flat or Mansard Roof —
TBD
TBD
Height
30'
Sloping Roof — 33'
Not more than a total of
2 DUs
2 DUs
two (2) dwelling units
shall be permitted on
Density
each site with only one
dwelling unit permitted
on existing lots less than
fourteen thousand
14,000 square feet.
GRFA
Per code
10,993 sq. ft. allowed
10,920 allowed
Site Coverage
Max. 20% of site area
9,143 sq. ft. (allowed)
8,900 sq. ft. (allowed)
Landscaping
Min. 60% of site area
27,480 sq. ft. (required)
26,700 sq. ft. (required)
Town of Vail Page 6
*All development standards including GRFA/Site Coverage/Landscaping shall be reviewed at the
time of DRB application.
VI. SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
The following are review criteria for a minor subdivision, as outlined in Section 13-3-4,
Commission Review of Application; Criteria and Necessary Findings, Vail Town Code:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Staff finds that the proposed 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. Goal 1.3 of the Vail
Land Use Plan states, "the quality of development should be maintained and
upgraded whenever possible." If approved, the proposed reconfiguration would
result in a more workable solution.
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
Staff finds that the proposed subdivision is in compliance with all of the standards of
Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations,
Vail Town Code. As proposed, the two (2) development lots meet all development
standards for the Two -Family Primary/Secondary (PS) District. The applicant is
pursuing a variance to the maximum allowable coverage for driveways and parking
on steep lots. This variance request is independent of the subdivision and the two
stand independently of one another.
Staff finds the proposed subdivision meets this criterion.
Town of Vail Page 7
Existing Land Use:
Zoning District:
North:
Town ROW
Natural Area Preservation (NAP) District
and Stream Tract
South:
Ski Run
N/A (County)
East:
Residential
Two -Family Primary/Secondary Residential
(P/S)
West:
Open Space
Natural Area Preservation (NAP) District
VII. REVIEW CRITERIA
The following are review criteria for a minor subdivision, as outlined in Section 13-3-4,
Commission Review of Application; Criteria and Necessary Findings, Vail Town Code:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Staff finds that the proposed 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. Goal 1.3 of the Vail
Land Use Plan states, "the quality of development should be maintained and
upgraded whenever possible." If approved, the proposed reconfiguration would
result in a more workable solution.
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
Staff finds that the proposed subdivision is in compliance with all of the standards of
Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations,
Vail Town Code. As proposed, the two (2) development lots meet all development
standards for the Two -Family Primary/Secondary (PS) District. The applicant is
pursuing a variance to the maximum allowable coverage for driveways and parking
on steep lots. This variance request is independent of the subdivision and the two
stand independently of one another.
Staff finds the proposed subdivision meets this criterion.
Town of Vail Page 7
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 completed land exchange and the minor revisions to the shared
property line result in an improved development program. The proposed subdivision
will not negatively impact the existing relationship among land uses.
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 land swap with the Town of Vail
improves property access while maintaining necessary Town operations in the area.
Staff finds the proposed subdivision meets this criterion.
5. The extent to which the proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development; and
Staff finds that the proposed subdivision will not cause any inefficiency in the
delivery of public services, will not require duplication or premature extension of
public services, and will not result in a leapfrog development pattern because the
applicant is proposing a subdivision of existing platted lots already served by public
facilities.
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
Staff finds that the proposed subdivision is already served by appropriately sized
utility lines, resulting in no future land disruptions to upgrade undersized lines.
Staff finds the proposed subdivision meets this criterion.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
Town of Vail Page 8
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, because
there will be no negative impact to the community as a whole while facilitating the
community's goal to allow for the maintenance and upgrading of existing
development 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
Staff finds that the proposed subdivision will not result in any adverse impacts on the
natural environment, including, but not limited to, water quality, air quality, noise,
vegetation, riparian corridors, hillsides and other desirable natural features.
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 adjust property lines in the vicinity of Lots 14
and 15, Block 1, Vail Village Filing 6 and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this minor
subdivision, the Community Development Department recommends the Planning and
Environmental Commission pass the following motion:
"The Planning and Environmental Commission approves the applicant's request for
a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to
adjust property lines in the vicinity of Lots 14 and 15, Block 1, Vail Village Filing 6
and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve, with
conditions, this variance request, the Community Development Department
recommends the Commission applies the following condition:
Town of Vail Page 9
Prior to providing the plat to the Town of Vail for appropriate signatures, the plat
shall be amended to correct minor discrepancies related to lot size and plat
format.
Should the Planning and Environmental Commission choose to approve this minor
subdivision, the Community Development Departments recommends the Planning and
Environmental Commission makes the following findings:
'Based upon a review of Section Vll of the January 10, 2022 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds.-
1.
inds:
1. That the subdivision is in compliance with the criteria listed in Section 13-3-4,
Minor Subdivisions, Vail Town Code, and
2. That the subdivision is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town,-
3.
own,
3. That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, and
4. That the subdivision promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
IX. ATTACHMENTS
A. Applicant's Narrative dated 1-04-2022
B. Land Swap Exhibit, dated 11-08-2021
C. Property Exchange Agreement, executed 09-20-2021
D. Draft Final Plat, dated 09-20-2021
Town of Vail Page 10
K,- \A/e b b
A R C H I T E C T S
Mexamer Residences
Lot 14, Block, I
Vail Village 6th Filing
816/826 Forest Road
Vail, Colorado
DESCRIPTION OF PROPOSED USE:
Pursuant to paragraph 12-21-12 Restrictions in Specific Zones on Excessive Slopes of
the Municipal Code of the Town of Vail.
Project Description:
816 and 826 West Forest Road are proposed to be developed simultaneously by the same
owner and in this unique situation neither property has direct roadway access as originally
platted. Typically, lots in Vail are adjacent to pavement areas in the Right of Way, this
variance request is due to the hardship of no adjacency to the pavement and a need to
traverse almost 100' of Town of Vail property to access especially the 826 property. This
approach was unacceptable to the Town of Vail as it impeded and compromised a required
truck turn around area utilized for snow removal. A completely unique situation existed for
these two properties, one that no one understands why it even existed in this non-functional
configuration.
To facilitate access, the owner worked with the Town of Vail Staff to create a unique
solution of one shared driveway for both lots, yet protecting the Town's property and
mandatory truck turn around space. As the process evolved, it was determined that the
driveway should be almost wholly on the applicant's lots, in turn creating an "almost" normal
situation of adjacency to the pavement and the idea of a land swap was proposed The land
swap was a mutual benefit to the Town as it made a pre-existing hiking path on private land
become Town property as well as created a way to protect substantial amounts of existing
trees on the applicant's property by not forcing the driveway to be located into a steep
hillside that is dense with existing trees. This solution was embraced by the applicant and the
Town Staff as a team effort to create a win/win solution for this completely unique situation.
The Town Council of The Town of Vail was asked to execute an equal/equal land swap to
adjust property lines so they would function and facilitate access to both properties through
one driveway that will serve two duplex residences. The Council accepted this proposal
after substantial discussions and an education process by the Town staff, acknowledging the
hardships of these extremely challenging lots and their dysfunctional and unique nature.
As a result of this agreement with the Town that is now ratified, unique hardships existed
and were created and present us with the Variance requests we are proposing to the Town
of Vail Planning and Environmental Commission.
710 West Lionshead Circle, Suite A, Vail, Colorado 81657
contact@khwebb.com 1970.477.2990
K,- \A/e b b
A R C H I T E C T S
816 Forest Variance
Page 2
Pursuant to paragraph 12-21-12 Restrictions in Specific Zones on Excessive Slopes of the
Municipal Code of the Town of Vail.
As a result of this unique situation of one driveway serving four units, the driveway is
almost entirely on the 826 property that is closer to Forest Road as well as wider to
accommodate the Town's and Fire Department's requirements for multiple homes
on one driveway. Although, this alone is not a hardship, the unique fact that if we
were allowed to access the lots directly from the existing Right of Way as is normal
and typical in Vail, this Variance would not be required. As a result of this situation,
the 816 Forest Road property now has exceeded the allowable amount of 10% of lot
area for driveways on lots with Excessive Slopes and we are requesting a variance to
make this unique situation work for appropriate lot access.
Overall the benefits of this variance are substantial and this is a win/win situation for
the Town and our community.
a. The could have been 2-4 road cuts off of Forest Road, now there will be one. In
addition, this permits a more aesthetically pleasing solution to possibly having 4
sets of garage doors facing the street, something that would be virtually
impossible without this variance request.
b. Between the Land swap and the unique single driveway approach, we are able to
save substantial trees and vegetation in the land swap area and at the lower
portion of the lots East side by not having to push the single drive further into
the steep hillside.
Minor-Subdivision/Re-Plat Request
I. In addition, the 826 property was originally platted as a non -conforming lot by setting
its frontage on the Right of Way to less than 30'. We are requesting an adjustment
to the shared property line to re -allocate and adjust the boundaries so both lots are
conforming with Town of Vail Zoning Ordinances.
Applicant addresses the matters set forth in the application as follows:
The relationship of the requested variance to other existing or potential uses and structures
in the vicinity:
The proposed variance requests are unusual and unique and a clear hardship as the
existing properties are not adjacent to Forest Road as is typical in this neighborhood.
Due to the steep uphill lot configuration, it is typical to have four or more garage
doors as well as a large area of pavement fronting the street for a typical duplex. In
this case we will have the hardship of one driveway connecting Forest Road serving
four residences. The net result of the proposal is a substantially improved property
situation that will drastically improve upon the nature and fabric of the neighboring
properties.
710 West Lionshead Circle, Suite A, Vail, Colorado 81657
contact@khwebb.com 1970.477.2990
K,- \A/e b b
A R C H I T E C T S
816 Forest Variance
Page 3
2. The degree to which relief from the strict and literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity or to attain the objectives of this title without grant of special privilege:
The relief requested is as a result of this unique situation of one driveway serving
four units and lacking adjacency to Forest Road. The driveway is primarily on the
816 Forest Road property that is closer to Forest Road as well as wider to
accommodate the Town's requirements for multiple homes on one driveway. The
proposed projects driveway has been designed to the minimum standards possible to
ensure public safety as required by The Vail Fire Department and Town of Vail Public
Works Department. The width of the single driveway has been required by the fire
department and goes beyond the code requirements, thus generating more
pavement. Code today would only require a 20' wide driveway for most of the
driveway to serve four dwelling units but the Town is requiring a 24' wide driveway
and additional fire truck turn around areas. These requirements have the effect of
causing paved areas to exceed the 10% of lot area for paved surfaces. These
variances are due to a completely unique situation and no special privilege is
apparent.
3. The effect of the use on light and air, distribution of population, transportation and traffic
facilities, public facilities and utilities, and public safety.
The proposed projects driveway has been designed to the minimum standards
possible to ensure public safety as required by The Vail Fire Department and Town
of Vail Public Works Department. The project will also improve traffic facilities by
altering a blighted gravel parking area that will be improved and upgraded to create a
landscaped and functional turnaround for Town of Vail vehicles.
4. How the request complies with the adopted Town of Vail planning policies and development
objectives.
The proposed request is fully compliant with Town of Vail planning policies and is an
encouraged pattern to redevelop and upgrade Vail Village properties.
ADJACENT PROPERTY OWNERS NAMES & ADDRESSES:
Right of Way/Open Space:
Town of Vail Finance Department
75 South Frontage Rd.
Vail, CO 81657
798/796 Forest Road:
More Mountain L.L.C.
C/O Jose Mas
800 South Douglas Road, FI. 12
Coral Gables, FL. 33 134-3 125
710 West Lionshead Circle, Suite A, Vail, Colorado 81657
contact@khwebb.com 1970.477.2990
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DocuSign Envelope ID: 989FFD21-DDAD-4878-BO82-A36614AOD52F
Eagle County, CO 202121254
Regina O'Brien 09/20/2021
Pgs: 10 04:04:06 PM
REC: $58.00 DOC: $0.00
PROPERTY EXCHANGE AGREEMENT
THIS PROPERTY EXCHANGE AGREEMENT (the "Agreement") is made and
entered into this 20th day of Seatember , 2021 (the "Effective Date"), by and between
the Mexamer Forest Road, LLC a Colorado limited liability company, with an address of
P.O. Box 1292, Vail, CO 81658 ("Mexamer") and the Town of Vail, a Colorado home rule
municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town")
(each a "Party" and collectively the "Parties").
WHEREAS, Mexamer owns certain real property more particularly described as
follows: LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH FILING, ACCORDING TO THE PLAT
RECORDED JUNE 1, 1964 UNDER RECEPTION NO. 99380, COUNTY OF EAGLE,
STATE OF COLORADO ("Lot 14"); and LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH
FILING, ACCORDING TO THE PLAT RECORDED JUNE 1, 1964 UNDER RECEPTION
NO. 99380, COUNTY OF EAGLE, STATE OF COLORADO ("Lot 15") (Lot 14 and Lot 15
are herein referred to collectively as the "Original Mexamer Property");
WHEREAS, the Town owns the right-of-way for Forest Road located adjacent to
the Original Mexamer Property (the "Right -of -Way Parcel"); and
WHEREAS, Mexamer intends to construct two residences on the Original
Mexamer Property, and to allow for access to those residences, the Parties desire to
exchange portions of the Original Mexamer Property and the Right -of -Way Parcel as
more particularly described in Exhibit A and Exhibit B, attached hereto and incorporated
herein by this reference, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above premises, the mutual promises
and covenants below, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the Parties agree as follows:
Exchange Terms.
a. The Parties acknowledge that the portions of the Mexamer Property and the
Right -of -Way Parcel to be exchanged are of like kind and equal value, so that no
compensation shall be paid by either Party to the other for the exchange; provided that
Mexamer shall, on or before August 7, 2021, donate $10,000 to the Town to be used for
the replacement of trees that will be removed as a result of the exchange.
b. Mexamer hereby agrees to grant and convey to the Town, by quitclaim
deed, all of Mexamer's rights and interests in and to the portion of Lot 15 legally described
in Exhibit A and identified as the "AREA TO BE CONVEYED TO THE TOWN OF VAIL"
thereon.
C. The Town hereby agrees to grant and convey to Mexamer, by quitclaim
deed, all of the Town's rights and interests in and to the two portions of the Right -of -Way
Parcel legally described in Exhibit B, attached hereto and incorporated herein by this
reference, and identified as "TOWN OF VAIL TO 816 W. FOREST ROAD" and "TOWN
OF VAIL TO 826 W. FOREST ROAD" thereon.
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d. Mexamer acknowledges that the Town may only dispose of public property
following adoption by the Vail Town Council of an ordinance authorizing the disposal. As
such, the quitclaim deeds contemplated by this Agreement cannot be executed until after
the effective date of such ordinance. If the Town Council fails to adopt such an ordinance
on or before August 1, 2021, this Agreement shall terminate without further action of the
Parties and shall be of no further force and effect.
2. Covenants of Mexamer. Mexamer hereby represents, covenants, and warrants in
favor of the Town as follows:
a. Mexamer hereby represents and warrants to the Town that all of the
following are true and correct as of the Effective Date: this Agreement has been duly
authorized and executed by Mexamer as the legal, valid and binding obligation of
Mexamer, and is enforceable as to Mexamer in accordance with its terms; the person
executing this Agreement on behalf of Mexamer is duly authorized and empowered to
execute and deliver this Agreement on behalf of Mexamer; to the best of Mexamer's
knowledge, there is no pending or threatened litigation, administrative proceeding or other
proceeding pending or threatened against Mexamer or the Original Mexamer Property
that, if decided or determined adversely, would have a material adverse effect on the
ability of Mexamer to undertake its obligations under this Agreement; and neither the
execution of this Agreement nor the consummation of the transaction contemplated by
this Agreement will constitute a breach under any contract, agreement or obligation to
which Mexamer is a party or by which Mexamer is bound or affected.
3. Indemnification. Mexamer agrees to indemnify, defend, and hold the Town and its
officers, insurers, volunteers, representative, agents, employees, heirs and assigns
harmless from and against any and all claims, liability, damages, losses, expenses and
demands, including reasonable attorney fees, on account of injury, loss, or damage,
including without limitation claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever, which
arise out of or are in any manner connected with this Agreement; provided however, that
Mexamer shall not indemnify, defend or hold the Town harmless for the Town's own
negligence.
4. Costs. Mexamer shall reimburse the Town for all costs incurred by the Town in
connection with this Agreement and the exchange contemplated herein, including without
limitation consultant fees and attorney fees. Mexamer shall pay such costs within 7 days
after receipt of a written invoice from the Town.
5. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute the entire
agreement between Mexamer and the Town, superseding all prior oral or written
communications.
2
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C. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective heirs, successors and assigns.
d. Severability. If any provision of this Agreement is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
f. Assignment. Mexamer shall not assign or transfer any of its rights or
obligations under this Agreement without the prior written approval of the Town.
g. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town under this Agreement are specifically
contingent upon annual appropriation of funds sufficient to perform such obligations. This
Agreement shall never constitute a debt or obligation of the Town within any statutory or
constitutional provision.
i. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
j. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement.
k. Governmental Immunity. The Town, its officers, and its employees, are
relying on, and do not waive or intend to waive by any provision of this Contract, the
monetary limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or
otherwise available to the Town and its officers or employees.
1. Rights and Remedies. Delays in enforcement or the waiver of any one or
more defaults or breaches of this Agreement by either Party shall not constitute a waiver
of any of the other terms or obligation of this Agreement. The rights and remedies of the
Parties under this Agreement are in addition to any other rights and remedies provided
by law.
3
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DocuSign Envelope ID: 989FFD21-DDAD-4878-BO82-A36614AOD52F
s • - • s
f
VAk, COLORADO
(hff rk sbw
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Tamm .•-I Town
72EC 3E 4;04 i
202121254
ME ► �� T ROAD, LLC
;C
Colora l de :liability company
STATE OF COLORADO ) Luis Alberto Harvey Mac Kissak
) ss. Wad OF5574AF...
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this day of , 2021, by Luis Alberto Harvey Mac Kissak as
the Manager of Mexamer Forest Road, LLC, a Colorado limited liability company.
My commission expires:
(S EAL)
RUIRSWOW
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EXHIBIT
A
LAND DESCRIPTION
&26'W. FOREST ROAD TO TOWN OF VAIL
A PORTION OF LOT 15, BLOCK I Or VARL VILLAGE, SIXTH FWNG, LYING, �VJTHFN THE NORTHWEST
QVAR,'rER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SWH PRINCIPAI MERIDIAN,
TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MOU PARTICULARLY DESCRI RED AS
FOILOWS:
BEGINN K. AT THE NORTHEAST CORNER OF SAID IOT 15,
THENCE ALONG THE NORTH. LINE OF SAID LOT I$, NORTH 731�57`02- EAST, A D15TANCE OF 66,25 FEET
TO THE MOST NORTHERLY CORNER OF SAID LOT IS.
THENCE ALONG. THE BOUNDARY OF SAID LOT IS, SOUTH 16'82359" ST, A DISTANCE Of 31,45 TETT;
THENCE DEPARTINO SAID W A j) rqC
BOUNDARY, SOUTH 73057'02' WEST, ISTA E OF 76.64 FEET TO A POINT
ON THE WLST UNE Of' AID LOT 15;
THENCE ALOE SAID WE$T LINE 0 F
F LOT 15, NORTH 02-14�25- EAST A 0 rA CE 0 33.15 FEET TO THE
POINTr OF REZNNNING.
,
CONTAINKG 2,,249 SQUARE FEET OR 0.052 ACRE OF LAND
THE BASIS Or BEARINGS FOR IS Li6h LIESC]RIPTION IS THE WEST LINE Of LOT 15, BLOCK 1, VAIL
VILLAGE, SIXTH FUFNG,, SAID LINE IS ASSUMED TO BEAR $0LrrH 0,2'14'25EST ANO IS MONUMENTE0
AT TH E NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET` NORTH ANDAT THE SO IH ENO BY A
PREPAIIED BY-
STACY I YNN JACOaS4 pts
COLORADO REGI TRATRFIN NO- 38495
FOR, AN P ON RE HAIF OP:
R&R ENGIIINEERS-SURVEYORS, INC,
PROJECT NO, E 2012
mm
911712021
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202121254
DocuSign Envelope ID: 989FFD21-DDAD-4878-B082-A36614AOD52F
EXHIBIT TO ACCOMPANY LAND DESCRIPTION
A PORTION OF LOT 15, BLOCK I OF VAIL VILLAGE, SIXTH FILING,, LYING WITHIN
THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH,
RANGE 80 WEST OF THE SIXTH PRINCIPAL, MERIDIAN,
TOWN OF MAIL, COU NTYOF EAGLE, STATE OF COLORADO
E
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D&Or rY1Aj7Mm41 I IAO Z7 4-�Im a f%F1 ArIcr-
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LAND DESCRIPTION R&R ENGDEM"URVEYORS, INCL
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911712021
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DocuSign Envelope ID: 989FFD21-DDAD-4878-BO82-A36614AOD52F
LAND DESCRIPItON
TOWN Of VAK TO 826 W. FOREST ROAD,
A PORT FDN OFTHE PMRTHWEST'QUARTER OF UCTION 7, TOWNSHIP' 5 $OUTH, RANGE 80 WEST OF THE
SIXTH PRINCIPAL MERIMAN, TOWN OF VAIL, COtJN7Y OF EAESE f, STATE OF COLORADO, KING IVIORE
PARTICULARLY DMAISED AS FOLLOWS -
77,96 FEET TO T1*1 MWT OF MWNW&
0ONTAI' NING 7S6 SqUARE rt LT OR 0,017 ACRE OF LAND.
THE 4AS15 OF BEARINGS FOR THIS LEGAL DiSCRIfITIONIS THE WEST tl.rqE Off. LOT 15, BLOCK 1, VAIL
"VII IAGE, SIXTH Fill NO- Ajll) UNE 15 ASSUMED TO 6CAV SOUTH G2"14'25- WEST AND 15 MONUMENTED
AT THE NORTH END BY A NUMBER 3 RE AR BEING 03 FEET NORTH ANO AT THE SOUTH END By A
NUMBER 3 RE'AK
PREPARED RY:
V
STACY LYNNhACOBS, PLS
COLORADO REGISTRATION NO, 39495
FOR, AND ON BEHALF OF:
R'&R ENGWEERS-SUAv" OqS, INS`''„�,®®
PROJECT NO, EV2,0127
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911712021
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202121254
DocuSign Envelope ID: 989FFD21-DDAD-4878-BO82-A36614AOD52F
EXHIBIT TO ACCOMPANY A
D40-27'45"
• R=45,34'
PIII�1-�F L=32.02'
CUMIdENCEMEAT L1 ChB=578'45'171
ChL=31.36'
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L2 SCALE' 1 "=DD'
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826 W. FOREST ROAD
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THIS GR WING IS MEANT T4 DEPICT THE ATTACHED LEGAL
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IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY.
LAND DESCRIPTION
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LINE
DIRECTION
LENGTH
L1
516'02'58"E
37.04'
L2
562'34'44"E
4.9B'
L3
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17.65'
L4
5BS'14'31 "W
26.77'
L5
N 16' 02'58"1"1
27.96'
PARCEL CO A 756 M. ET. OR D.D17 ACRE
RLR ENGINEERS -SURVEYOR& INC.
= W. 19TH AMM SUPE ?p
DEWAR;L COUDPA iO XJlG14
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8
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DocuSign Envelope ID: 989FFD21-DDAD-4878-BO82-A36614AOD52F
LAND DESCRIPTION
TOWN OF'VAI L TO 826 W- FOREST ROAD
SIXTH PRINCIPAL MERIDIAN, TOWP: CFVAIJ, COVNTYI)P EA<,LE,STATE OFCQUQIRADO, RFIN(i MfJP'E
PARTI CU LARLY IDESCR It3ED AS FOLLO%%rS-:
COMPAENCING ATTHE NORTHEA57FCORNEIROF LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH PILIrIG:
THENCE ALONGTHE NORTL-I LINE OF SAD LOT 14, SOUTH W1431- WEST, A VISTAWCE0F1i0.26J-ttI
TOTHENOR11'WEST CORNER OF SAID LOT 14AND THF POINTOF BEGINNIING;
TfIENCL PLLONi-a THENORTHERYPROUZ�NGAT11CIN OFTHIEWEST LINEOPSAID LOT14, NORTH02,4,25-
61-05 rEcT;
THENCE CURVING TO THE LEFT ALONGTHE ARC OFSAID CLJRVF, CONCAVE NORTHEASTERLY, THROUGH
A CENTRAL ANG I E 0 l' 23'0(df, FOR AN ARr LENGTH 0 F 24. 55 FEET (TH E C HORD OF SAI D CURVE
KAn SOUTH 77V34 FOR A LENGTH OF 24,45 FEET),
THENCE HIDNI-TAKE NT TO TH I LAST DESCRIBED CVFrVE, SOUAST, A D ISTANCE OF C65
FEET TO THE 5EGrN NING OF A MON-TANG ENT CU RVE RAVING A RADILIS Of.14.51 FEET;
T'H ENCE CLRVING 7D TMF LF1717ALONG TH E ARC OF SAI D CURVE, CONCAVE NOFMWESTERLV,
TH ROUGH A CENTRAI ANG LE OFlS'14'(14", FOR AN ARC LENGTH OG 34.51 FEET17HE CHO RID OF SAID
CURVE. BEARS NORTH 66-46'00 EAcT rO R A LENGTH D.: 33.62 FE E71�
THE NCE NON-TAINGE Nr TO THE LjkST DESCRI BED CLJRVE, N10iRTH 39`54215- EASTj A F)ISTA N(,� U F 2 A6
FEET;
THENCE SOU77-,63'53'2�- EAST. A DISTANCE OF 54.06 FEET
TO T14E POINT OzSIVVPVG.
NUMBER 3 REBAR. %* wow*,
PREPARED BY,
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STAC
COLGRADO REOFMATION NO, 35495
FOR, AND OIN BEHALF OF:
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PRO.Iff'T NI). h0.0127
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911712021
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DocuSign Envelope ID: 989FFD21-DDAD-4878-BO82-A36614AOD52F
202121254
10
911712021
1IFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOP1816 WFOREST RD EXCHANGE-A070121.DOCX
'EXHIBIT TO ACCOMPANY LAND DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH,
RANGE 80 WEST OF THE SI`
H PRINCIPAL MERIDIAN,
TOWN OF VAIL, COUNTY OF
EAGLE, STATE Of COLORADO
- -04,5-14'U4"
R=43-71 - W. FOREST ROAD
L=04151'
6
ChB=N646 `WE
ChL=33-62'
L4 SCALE: 1'=86
L3
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Li
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TOM OF VAfL TO
R=61.05'
816 FOREST ROAD
L=24-45'
ChB=577'40'34"E
Chl-=24-A-B'
LINE DATA TAKE
LINE DIRECTION LENGTH
BI,OCK I
Ll 556'14'31 "'.V 114.26'
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DEMRIFTIDN AND 15
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IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY.
PARCEL CONTAINS 1,414' Q. FT. OR 11.034 ACRE
LAND DESCRIPTION
FdR ENIBINEERS-SURVEYOR& INC.
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City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January 10, 2022
ITEM/TOPIC:
A request for the review of a Variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code,
to allow for a variance from the maximum percent of lot covered by driveways and surface parking, in accordance with the provision
of Section 12-17, Variances, Vail Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail Village Filing No. 6 and
setting forth details in regard thereto. (PEC21-0045)
PEC21-0045 & PEC21-0048 will be heard concurrently.
ATTACHMENTS:
File Name
PEC21-0045 Staff Memo.pdf
Attachment A. Project Narrative dated 1-03-2022.pdf
Attachment B. Plan Set dated 12-09-2021.Ddf
Description
PEC21-0045 Staff Memo
Attachment A. Project Narrative dated 1-03-2022
Attachment B. Plan Set dated 12-09-2021
TOWN OF VAIL '
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 10, 2022
SUBJECT: A request for the review of a Variance from Section 12-21-12, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, to allow for a variance
from the maximum percent of lot covered by driveways and surface parking, in
accordance with the provision of Section 12-17, Variances, Vail Town Code,
located at 816 Forest Road / Lot 14, Block 1, Vail Village Filing No. 6 and setting
forth details in regard thereto. (PEC21-0045)
and
A request for the review of a Variance from Section 12-21-12, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, to allow for a variance
from the maximum percent of lot covered by driveways and surface parking, in
accordance with the provision of Section 12-17, Variances, Vail Town Code,
located at 826 Forest Road / Lot 15, Block 1, Vail Village Filing No. 6 and setting
forth details in regard thereto. (PEC21-0048)
Applicant: Mexamer Forest Road LLC, represent by KH Webb Architects
Planner: Jonathan Spence
I. SUMMARY
The applicant, Mexamer Forest Road LLC, represent by KH Webb Architects, is
requesting the review of a variance from Section 12-21-12, Restrictions in Specific
Zones on Excessive Slopes, Vail Town Code, to allow for a variance from the maximum
percent of lot covered by driveways and surface parking, in accordance with the
provision of Section 12-17, Variances, Vail Town Code, located at 816/826 Forest
Road.
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 conditions, of this application, subject to the findings
noticed in Section VIII of this memorandum.
DESCRIPTION OF REQUEST
The applicant, Mexamer Forest Road LLC, represent by KH Webb, is requesting the
review of a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive
Slopes, Vail Town Code, to allow for a variance from the maximum percent of lot
covered by driveways and surface parking, in accordance with the provision of Section
12-17, Variances, to allow for the development of two (2) two -unit (duplex) structures (4
units total) on 816 and 826 Forest Road. The variance is necessary as the shared
driveway exceeds the allowable percentage (10%) of the site permitted covered by
driveways and surface parking. The plan sheet below shows the location of the
proposed dwelling units and the configuration of the associated access.
816
45,7165F
826 816
46,9725F 43,244SF
The applicant has worked extensively with Fire, Planning and Public Works to create a
development program that provides safe access and adequate accommodations for fire
service including a turnaround while minimizing pavement to the greatest extent
possible. This development program also includes a land swap that has occurred
Town of Vail Page 2
m a;mm
i
i
816
45,7165F
826 816
46,9725F 43,244SF
The applicant has worked extensively with Fire, Planning and Public Works to create a
development program that provides safe access and adequate accommodations for fire
service including a turnaround while minimizing pavement to the greatest extent
possible. This development program also includes a land swap that has occurred
Town of Vail Page 2
between the developer and the Town of Vail. Additional information on the swap is
included in the background section. A vicinity map (Attachment A), applicant's narrative
(Attachment B) and project plan set (Attachment C) are attached for review.
III. BACKGROUND
Lots 14 and 15 of Vail Village Filing No. 6 were platted under Eagle County jurisdiction
in 1964. A single-family home was formerly located on Lot 14 with a significant number
of wood stairs accessing it from W. Forest Road. The parking for this home was
historically located within the West Forest Road Right of Way, within a large flat area
between the private lot and Gore Creek. That home has since been demolished along
with the stairs. Any new development is required to meet Town Code and Development
Standards and park on private property, not within the Town Right of Way.
The developer has completed a land swap with the Town of Vail in the fall of 2021. The
purpose of the land swap is to assist in gaining access. The portion of Right of Way the
developer acquired is mostly on the steep slope between the large flat area and the
private lots. This allows the Town to use the flat area within the Right of Way for a truck
turn around, snow storage, and intermittent staging as it is used today. The portion of
property that the Town would receive is adjacent to Gore Creek and 830 West Forest
Road, a lot already owned by the Town of Vail. It is a relatively steep site and includes
an existing informal trail that connects the Gore Valley Trail to the West Forest Road
Right of Way.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 12-17, Variances (in part)
12-17-1: PURPOSE.-
A.
URPOSE:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict or literal interpretation and
enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate
vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
Town of Vail Page 3
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage, usable
open space, landscaping and site development, and parking and loading
requirements, or with respect to the provisions of chapter 11 of this title,
governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend
to the use regulations prescribed for each zone district because the flexibility
necessary to avoid results inconsistent with the objectives of this title is
provided by chapter 16, "Conditional Use Permits", and by section 12-3-7,
"Amendment", of this title.
12-17-6: CRITERIA AND FINDINGS.-
A.
INDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with
respect to the requested variance.-
1.
ariance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity, or
to attain the objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance.-
1.
ariance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
Town of Vail Page 4
3. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives
of this title.
b. There are exceptional or extraordinary circumstances or
conditions applicable to the site of the variance that do not
generally apply to other properties in the same zone district.
c. The strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone
district.
12-21-12: Restrictions in Specific Zones on Excessive Slopes
"Slope" is the gradient or configuration of the undisturbed land surface prior to site
improvement of a lot, site, or parcel which shall be established by measuring the
maximum number of feet in elevation gained or lost over each ten feet (10) or fraction
thereof measured horizontally in any direction between opposing lot lines, the
relationship of elevation or vertical measure as divided by the horizontal measurement
shall be expressed as a percentile as a means of quantifying the term "slope". In
determination of "slope" as defined herein, for use in establishing buildable area
requirements and maximum floor area ratio limitations on existing and proposed lots, a
grid system based on ten foot (10) modules shall be superimposed on a topographic
map of the subject property and the lot slope determination established by the defined
method for each one hundred (100) square foot grid portion of the tract, lot or portion
thereof.
The following additional special restrictions or requirements shall apply to development
on any lot in a hillside residential, single-family residential, two-family residential or two-
family primary/secondary residential district where the average slope of the site beneath
the existing or proposed structure and parking area is in excess of thirty percent (30%).-
A.
30%):
A. A soil and foundation investigation, prepared by and bearing the seal of a
registered professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered professional
engineer.
C. A topographic survey prepared by a registered surveyor, with contour intervals of
not more than two feet (2), shall be required.
D. Structures must be designed by a licensed architect
Town of Vail Page 5
E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-
68-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows.-
1.
ollows:
1. Not more than ten percent (10%) of the total site area may be
covered by driveways and surface parking.
2. In order to protect the natural landform and vegetation on steep slopes,
not more than sixty percent (60%) of the total site area may be disturbed
from present conditions by construction activities. The design review
board (DRB) may approve site disturbance in excess of the sixty percent
(60%) maximum if specific design criteria warrant the extent of the
requested deviation.
F. A site grading and drainage plan shall be required.
G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5) shall be
required.
H. A detailed revegetation plan must be submitted.
1. The administrator may require an environmental impact report as provided in
section 12-12-2 of this title.
J. A minimum of one covered parking space shall be provided for each dwelling unit.
K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12-6B-6,
12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no
required front setback for garages, except as may be required by the design
review board. Garages located in the front setback, as provided for in this section,
shall be limited to one story in height (not to exceed 10 feet) with the addition of a
pitched or flat roof and subject to review and approval by the design review board.
L. Retaining walls up to six feet (6) in height may be permitted in the setback by the
design review board when associated with a permitted garage as referenced in
subsection K of this section.
V. ZONING AND SITE ANALYSIS
Address: 816 and 826 Forest Road
Legal Description: Vail Village Filing 6, Lot 14 and 15
Zoning: Two -Family Primary/Secondary Residential (PS) District
Land Use Plan Designation: Low Density Residential
Current Land Use: Vacant
Geological Hazards: Steep Slopes
Town of Vail Page 6
Standard
Allowed / Required P/S
Lot 14
Lot 15
Proposed/Allowed
Proposed/Allowed
Site Area
Min. 14,000 sq. ft.
45,716 sq. ft.
44,500 sq. ft.
Front — 20'
TBD
TBD
Setbacks
Side — 15'
Rear — 15'
Height
Flat or Mansard Roof — 30
TBD
TBD
Sloping Roof — 33'
Not more than a total of two
2 DUs
2 DUs
(2) dwelling units shall be
permitted on each site with
Density
only one dwelling unit
permitted on existing lots less
than fourteen thousand
(14,000) square feet.
GRFA
Per code
10,993 sq. ft.
10,920 (allowed)
allowed
Site Coverage
Max. 20% of site area
9,143 sq. ft.
8,900 sq. ft. (allowed)
allowed
Maximum lot covered by
6,064 sq. ft. or
4,865 sq. ft. or
Parking/Loading
parking and driveways per 12-
13.26%
10.93%
21-12 10%.
Landscaping
Min. 60% of site area
TBD
TBD
All development standards including GRFA/Site Coverage/Landscaping shall be reviewed at time of
DRB application.
VI. SURROUNDING LAND USES AND ZONING
Existing Land Use: Zoning District:
North: Town ROW Natural Area Preservation (NAP) District
and Stream Tract
South: Ski Run N/A (County)
East: Residential Two -Family Primary/Secondary Residential (P/S)
West: Open Space Natural Area Preservation (NAP) District
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Title 12, Chapter 17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The proposed variance to the maximum percentage of lot occupied by driveways
and parking allows the development to occur safely and reasonably considering the
unique circumstances resulting from the sudden steepness of the lots coupled with
the location of the Town of Vail property. The applicant has worked diligently with the
Town on a development program that provides safe access, adequate
accommodations for fire service including a turnaround while minimizing pavement
Town of Vail Page 7
to the greatest extent possible. The proposal will not have any negative impacts to
other existing or potential uses or structures within the neighborhood.
Staff finds the proposed variance conforms to this criterion.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
Lots 14 and 15 of Vail Village Filing No. 6 present a unique challenge. The abrupt
steepness of the lots coupled with the flat Town -owned ROW create a circumstance
that makes access to the site challenging. The Town and the Developer have
completed a land trade that results in the proposed bridge element being located on
private property. Despite the trade, a variance to the 10% limitation is necessary to
provide a safe, workable access for the two lots. Unlike other properties in the
vicinity, a variance is necessary to pursue similar building improvements on the
subject properties.
Staff finds the proposed variance conforms to this criterion.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
The proposed variance will facilitate the development of two (2) duplexes in a safe,
effective manner. The effect of the requested variance will not alter population; will
not affect any existing transportation or traffic facilities, public facilities, or utilities;
and will not affect public safety in comparison to existing or anticipated conditions.
Therefore, Staff finds the proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission approves, with conditions,
the Variances from Section 12-21-12, Restrictions in Specific Zones on Excessive
Slopes, Vail Town Code, to allow for a variance from the maximum percent of lot
covered by driveways and surface parking, in accordance with the provision of Section
12-17, Variances, Vail Town Code and setting forth details in regard thereto.
Town of Vail Page 8
Should the Planning and Environmental Commission choose to approve, with
conditions, this variance request, the Community Development Department
recommends the Commission pass the following motions:
"The Planning and Environmental Commission approves, with conditions, the
applicant's request for a Variance from Section 12-21-12, Restrictions in Specific
Zones on Excessive Slopes, Vail Town Code, to allow for a variance from the
maximum percent of lot covered by driveways and surface parking, in accordance
with the provision of Section 12-17, Variances, Vail Town Code, located at 816
Forest Road / Lot 14, Block 1, Vail Village Filing No. 6 and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to approve, with
conditions, this variance request, the Community Development Department
recommends the Commission applies the following conditions:
1. Approval of this variance is contingent upon the applicant obtaining Town
of Vail design review approval for this proposal.
2. Prior to submitting for a building permit for either Lot 14 or Lot 15, the
applicant shall submit a complete application for an amended plat for 830
Forest Road.
"The Planning and Environmental Commission approves, with a condition, the
applicant's request for a Variance from Section 12-21-12, Restrictions in Specific
Zones on Excessive Slopes, Vail Town Code, to allow for a variance from the
maximum percent of lot covered by driveways and surface parking, in accordance
with the provision of Section 12-17, Variances, Vail Town Code, located at 826
Forest Road / Lot 15, Block 1, Vail Village Filing No. 6 and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to approve, with
conditions, this variance request, the Community Development Department
recommends the Commission applies the following conditions:
1. Approval of this variance is contingent upon the applicant obtaining Town
of Vail design review approval for this proposal.
2. Prior to submitting for a building permit for either Lot 14 or Lot 15, the
applicant shall submit a complete application for an amended plat for 830
Forest Road.
Should the Planning and Environmental Commission choose to approve, with
conditions, these variances, the Community Development Department recommends
the Commission make the following findings:
Town of Vail Page 9
'Based upon the review of the criteria outlined in Section Vll of the staff
memorandum to the Planning and Environmental Commission dated January 10,
2022, and the evidence and testimony presented, the Planning and Environmental
Commission finds.-
1.
inds:
1. The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other properties classified in
the Primary/Secondary Residential (PIS) District,-
2.
istrict,
2. The granting of these variances will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in
the vicinity; and
3. This variance is warranted for the following reasons.-
a.
easons:
a. The strict literal interpretation or enforcement of the specified
regulation will result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code,-
b.
ode,
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the Two -Family Primary/Secondary
Residential (PS) District., and
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the Two -Family Residential (R)
District. "
IX. ATTACHMENTS
A. Applicant's Narrative dated 1-04-2022
B. Plan Set dated 12-09-2021
Town of Vail Page 10
K,- \A/e b b
A R C H I T E C T S
Mexamer Residences
Lot 14, Block, I
Vail Village 6th Filing
816/826 Forest Road
Vail, Colorado
DESCRIPTION OF PROPOSED USE:
Pursuant to paragraph 12-21-12 Restrictions in Specific Zones on Excessive Slopes of
the Municipal Code of the Town of Vail.
Project Description:
816 and 826 West Forest Road are proposed to be developed simultaneously by the same
owner and in this unique situation neither property has direct roadway access as originally
platted. Typically, lots in Vail are adjacent to pavement areas in the Right of Way, this
variance request is due to the hardship of no adjacency to the pavement and a need to
traverse almost 100' of Town of Vail property to access especially the 826 property. This
approach was unacceptable to the Town of Vail as it impeded and compromised a required
truck turn around area utilized for snow removal. A completely unique situation existed for
these two properties, one that no one understands why it even existed in this non-functional
configuration.
To facilitate access, the owner worked with the Town of Vail Staff to create a unique
solution of one shared driveway for both lots, yet protecting the Town's property and
mandatory truck turn around space. As the process evolved, it was determined that the
driveway should be almost wholly on the applicant's lots, in turn creating an "almost" normal
situation of adjacency to the pavement and the idea of a land swap was proposed The land
swap was a mutual benefit to the Town as it made a pre-existing hiking path on private land
become Town property as well as created a way to protect substantial amounts of existing
trees on the applicant's property by not forcing the driveway to be located into a steep
hillside that is dense with existing trees. This solution was embraced by the applicant and the
Town Staff as a team effort to create a win/win solution for this completely unique situation.
The Town Council of The Town of Vail was asked to execute an equal/equal land swap to
adjust property lines so they would function and facilitate access to both properties through
one driveway that will serve two duplex residences. The Council accepted this proposal
after substantial discussions and an education process by the Town staff, acknowledging the
hardships of these extremely challenging lots and their dysfunctional and unique nature.
As a result of this agreement with the Town that is now ratified, unique hardships existed
and were created and present us with the Variance requests we are proposing to the Town
of Vail Planning and Environmental Commission.
710 West Lionshead Circle, Suite A, Vail, Colorado 81657
contact@khwebb.com 1970.477.2990
K,- \A/e b b
A R C H I T E C T S
816 Forest Variance
Page 2
Pursuant to paragraph 12-21-12 Restrictions in Specific Zones on Excessive Slopes of the
Municipal Code of the Town of Vail.
As a result of this unique situation of one driveway serving four units, the driveway is
almost entirely on the 826 property that is closer to Forest Road as well as wider to
accommodate the Town's and Fire Department's requirements for multiple homes
on one driveway. Although, this alone is not a hardship, the unique fact that if we
were allowed to access the lots directly from the existing Right of Way as is normal
and typical in Vail, this Variance would not be required. As a result of this situation,
the 816 Forest Road property now has exceeded the allowable amount of 10% of lot
area for driveways on lots with Excessive Slopes and we are requesting a variance to
make this unique situation work for appropriate lot access.
Overall the benefits of this variance are substantial and this is a win/win situation for
the Town and our community.
a. The could have been 2-4 road cuts off of Forest Road, now there will be one. In
addition, this permits a more aesthetically pleasing solution to possibly having 4
sets of garage doors facing the street, something that would be virtually
impossible without this variance request.
b. Between the Land swap and the unique single driveway approach, we are able to
save substantial trees and vegetation in the land swap area and at the lower
portion of the lots East side by not having to push the single drive further into
the steep hillside.
Minor-Subdivision/Re-Plat Request
I. In addition, the 826 property was originally platted as a non -conforming lot by setting
its frontage on the Right of Way to less than 30'. We are requesting an adjustment
to the shared property line to re -allocate and adjust the boundaries so both lots are
conforming with Town of Vail Zoning Ordinances.
Applicant addresses the matters set forth in the application as follows:
The relationship of the requested variance to other existing or potential uses and structures
in the vicinity:
The proposed variance requests are unusual and unique and a clear hardship as the
existing properties are not adjacent to Forest Road as is typical in this neighborhood.
Due to the steep uphill lot configuration, it is typical to have four or more garage
doors as well as a large area of pavement fronting the street for a typical duplex. In
this case we will have the hardship of one driveway connecting Forest Road serving
four residences. The net result of the proposal is a substantially improved property
situation that will drastically improve upon the nature and fabric of the neighboring
properties.
710 West Lionshead Circle, Suite A, Vail, Colorado 81657
contact@khwebb.com 1970.477.2990
K,- \A/e b b
A R C H I T E C T S
816 Forest Variance
Page 3
2. The degree to which relief from the strict and literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity or to attain the objectives of this title without grant of special privilege:
The relief requested is as a result of this unique situation of one driveway serving
four units and lacking adjacency to Forest Road. The driveway is primarily on the
816 Forest Road property that is closer to Forest Road as well as wider to
accommodate the Town's requirements for multiple homes on one driveway. The
proposed projects driveway has been designed to the minimum standards possible to
ensure public safety as required by The Vail Fire Department and Town of Vail Public
Works Department. The width of the single driveway has been required by the fire
department and goes beyond the code requirements, thus generating more
pavement. Code today would only require a 20' wide driveway for most of the
driveway to serve four dwelling units but the Town is requiring a 24' wide driveway
and additional fire truck turn around areas. These requirements have the effect of
causing paved areas to exceed the 10% of lot area for paved surfaces. These
variances are due to a completely unique situation and no special privilege is
apparent.
3. The effect of the use on light and air, distribution of population, transportation and traffic
facilities, public facilities and utilities, and public safety.
The proposed projects driveway has been designed to the minimum standards
possible to ensure public safety as required by The Vail Fire Department and Town
of Vail Public Works Department. The project will also improve traffic facilities by
altering a blighted gravel parking area that will be improved and upgraded to create a
landscaped and functional turnaround for Town of Vail vehicles.
4. How the request complies with the adopted Town of Vail planning policies and development
objectives.
The proposed request is fully compliant with Town of Vail planning policies and is an
encouraged pattern to redevelop and upgrade Vail Village properties.
ADJACENT PROPERTY OWNERS NAMES & ADDRESSES:
Right of Way/Open Space:
Town of Vail Finance Department
75 South Frontage Rd.
Vail, CO 81657
798/796 Forest Road:
More Mountain L.L.C.
C/O Jose Mas
800 South Douglas Road, FI. 12
Coral Gables, FL. 33 134-3 125
710 West Lionshead Circle, Suite A, Vail, Colorado 81657
contact@khwebb.com 1970.477.2990
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City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January 10, 2022
ITEM/TOPIC:
A request for the review of a Variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code,
to allow for a variance from the maximum percent of lot covered by driveways and surface parking, in accordance with the provision
of Section 12-17, Variances, Vail Town Code, located at 826 Forest Road/Lot 15, Block 1, Vail Village Filing 6 and setting forth
details in regard thereto. (PEC21-0048)
PEC21-0045 & PEC21-0048 will be heard concurrently.
Please see PEC21-0045 for the staff memorandum and related attachments.
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: December 13, 2021 PEC Results
ATTACHMENTS:
File Name Description
Pec results 121321.pdf December 13, 2021 PEC Results
PLANNING AND ENVIRONMENTAL
COMMISSION
December 13, 2021, 1:00 PM
Town Council Chambers and Virtual on Zoom
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
1. 1. Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN tXLOeRs9QKieoSkwg888Jw
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2. Attendance
Present: Ludwig Kurz, Brian Gillette, Rollie Kjesbo, Karen Perez, Reid
Phillips, Henry Pratt
Absent: None
Main Agenda
2.1. A request for review of a Conditional Use Permit, pursuant to Section 12- 10 min.
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 231 Gore Creek Drive/Lot A, Block 5B,
Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-
0057)
Applicant: Kira Cameron (Hotel Gasthof Gramshammer)
Planner: Jonathan Spence
1. This Conditional Use Permit approval is contingent upon the applicant
obtaining Town of Vail approval of an associated design review
application.
2. The outdoor seating barricade, to be reviewed by the DRB, shall be
a stanchion type system that is attached at the west end.
3. All tables, chairs and barriers shall be completely removed every
evening and not stored in the landscape area.
4. The placement of the tables and chairs and the operation of the dining
patio shall be allowed between the hours of 10:00 A. M. and 10:00
P.M. daily.
5. All components of the operation including tables, chairs, umbrellas
and barrier system shall be located to the northside of the change in
paver detail which is 9' south of the landscape wall.
Planning Manager Spence gives a short presentation about the application.
Gillette arrives.
There is no public input.
Kurz clarifies that the town departments have signed off on the application
and asks about the 9 -foot delineation.
Spence says that is the fire lane and the applicant will have to keep materials
within the line.
Perez asks about bike racks on site
Spence says there will be none and that the application will require Design
Review Board approval.
Rollie Kjesbo moved to approve with conditions. Henry Pratt seconded the
motion and it passed (6-0).
2.2. A request for the review of a variance from Section 12-6D-9 Site Coverage, 30 min.
Vail Town Code, in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for site coverage in excess of twenty
percent (20%), located at 2437 Garmisch Drive/Lot 12, Block H, Vail Das
Schone Filing 2, and setting forth details in regard thereto. (PEC21-0058)
Applicant: William & Kimberlee Prescott, represented by Michael Hazard
Assoc.
Planner: Greg Roy
Planner Roy gives a short presentation about the application. Staff is
recommending denial of the application based on the findings in the staff
memo.
Pratt asks a clarifying question about site coverage and have we granted
any variances like this before in town?
Roy says that the PEC has not granted any variances for this type of
request that he is aware of.
Michael Hazard represents the applicant. He says his client is under
contract on the property. He asks if the Commission will consider the
hardship of constructing a home on this narrow and steep lot. There is a
41 % slope on the lot. At the front setback the grad is 16-20 feet above the
road. When you consider this, you're relegated to driving into the grade with
the driveway.
Hazard mentions the neighboring properties. He wants to gain some
leniency from the strict interpretation of the code and reiterates the
dimensions in the front setback. He compares the dimensions of their lot to
the average of the 17 sites in the area and says it is a difficult site. He wants
to honor the intent of site coverage by limiting the visibility of the house.
Gillette asks about the guidelines for granting a variance.
Roy notes the first two criteria and Perez lists the third.
Gillette says a variance here warrants considerations. He asks how many
sites in this zone district are this steep?
Roy doesn't know the exact number but says it's a significant amount.
Phillips asks what accommodations the applicant is proposing. He says
you're asking for a 22% increase in site coverage, but you haven't reduced
the structure to accommodate the parking garage. He says it would help
your case if you did that. There isn't a real hardship if you're not making
accommodations, you're pushed right to your setbacks.
Hazard says we're not asking for more GRFA, we're hoping the additional
site coverage is buried in the front to try and respect the intent of site
coverage by limiting the visual impact.
Phillips says you've maxed out your GRFA without providing for the rest of
the structure.
Hazard says the request for the addition is the parking in the front, which will
be buried.
Perez says you don't have a setback for the parking because of the steep
grade. She asks about the parking numbers as it relates to site coverage.
She says the commission has to look at the criteria strictly, everyone in that
area has a steep slope.
Hazard says the grade from the edge of the street is an unusual situation not
shared by as many other sites.
Perez says what you're calling a unique site we would call a special
privilege. Staff report indicates that the application doesn't meet criteria one
or two.
Phillips doesn't agree that it is a truly unique site. He says people have built
within these requirements and that it's really difficult to grant this variance.
The board can attest to the difficulty of building on some of the last unbuilt
lots in town. He says you're not showing a lot of give on the applicant's side
to ask for this variance and mentions the hardscape in the proposal.
Hazard says the hardscape is within regulations
Gillette says it's a tough lot and we have a variance process for a reason
We'd like to see that you're doing everything you can to comply with
regulations, a little give on your end would go a long way.
Roy says site coverage has been the limiting factor for development on
some of these smaller lots.
Hazard didn't say it was going to be easy.
Kjesbo says this would definitely be a grant of privilege, he doesn't see a
hardship and you have to design to the town criteria.
Pratt agrees with Kjesbo and says that approving additional site coverage is
a grant of special privilege. It's an unusual site, but that's just part of the
design process, he can't justify granting this.
Kurz agrees with fellow commissioners. He says we don't want to set a
precedent of special privilege. He also doesn't want to leave the impression
that reducing the problem would improve it.
Pratt says it's not a give and take situation; it would be a grant of special
privilege.
Gillette says as it stands now, he wouldn't approve it.
Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it
passed (6-0).
2.3. A request for review of a Minor Subdivision, pursuant to Section 13-4, 2 min.
Minor Subdivisions, Vail Town Code, to adjust property lines in the vicinity of
Lots 14 and 15, Block 1, Vail Village Filing 6, and setting forth details in
regard thereto. (PEC21-0050)
The applicant has requested this item be tabled to January 10, 2022.
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded
the motion and it passed (6-0).
2.4. A request for a recommendation to the Vail Town Council for a zone district 2 min.
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of a portion of Lot 15, Block 1, Vail Village
Filing (826 Forest Road) from Two -Family Primary/Secondary Residential
(PS) to Outdoor Recreation (OR) and to zone a portion of the Forest Road
ROW to Two -Family Primary/Secondary Residential (PS) and setting forth
details in regard thereto. (PEC21-0051)
The applicant has requested this item be tabled to January 10, 2022.
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded
the motion and it passed (6-0).
2.5. A request for the review of a Variance from Section 12-21-12, Restrictions 2 min.
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail
Village Filing No. 6 and setting forth details in regard thereto. (PEC21-0045)
The applicant has requested this item be tabled to January 10, 2022.
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded
the motion and it passed (6-0).
2.6. A request for the review of a Variance from Section 12-21-12, Restrictions 2 min.
in Specific Zones on Excessive Slopes, Vail Town Code, to allow for a
variance from the maximum percent of lot covered by driveways and surface
parking, in accordance with the provision of Section 12-17, Variances, Vail
Town Code, located at 826 Forest Road/Lot 15, Block 1, Vail Village Filing 6
and setting forth details in regard thereto. (PEC21-0048)
The applicant has requested this item be tabled to January 10, 2022.
Applicant: Mexamer Forest Road LLC, represented by KH Webb
Architects
Planner: Jonathan Spence
Rollie Kjesbo moved to table to January 10, 2022. Karen Perez seconded
the motion and it passed (6-0).
2.7. A request for a recommendation to the Vail Town Council for a Prescribed 2 min.
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-14-17 Setback From Watercourse and add a
new Section 12-21-17 Riparian Protection and Waterbody Setback
Regulations, Vail Town Code, to change the waterbody setbacks, and setting
forth details in regard thereto. (PEC21-0043)
The applicant has requested this item be tabled to January 24, 2022.
Applicant: Town of Vail, represented by Pete Wadden
Planner: Greg Roy
Rollie Kjesbo moved to table to January 24, 2022. Karen Perez seconded
the motion and it passed (6-0).
3. Approval of Minutes
3.1. November 22, 2021 PEC Results
Karen Perez moved to approve. Reid Phillips seconded the motion and it
passed (5-0).
Abstain: (1) Pratt
4. 1 nformational Update
4.1. Update to the Planning and Environmental Commission on the status of the
Gore Creek Spill report.
Applicant:
Planner:
5. Adjournment
Karen Perez moved to adjourn. Reid Phillips seconded the motion and it
passed (6-0).
The applications and information about the proposals are available for public inspection during regular office hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department.
Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the
Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
Ad #: sEONlgfkj9pzUjpWs2CQ
Customer: Danielle Couch
1/10/22 PEC Agenda
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO) SS
COUNTY OF EAGLE)
I, Mark Wurzer, do solemnly swear that I am Publisher of, says: The Vail
Daily, that the same weekly 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; that said newspaper has been admitted to
the United States mails as a periodical under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that said newspaper is a
weekly newspaper duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the
regular and entire issue of every number of said weekly newspaper for the
period of 1 insertion; and that the first publication of said notice was in the
issue of said newspaper dated 7 Jan 2022 in the issue of said newspaper.
Total cost for publication: $53.93
That said newspaper was regularly issued and circulated on those dates.
Publi her
Subscribed to and sworn to me this date, 01/07/2022
r� � 0-0-�
Notary Public, Eagle County, Colorado
My commission expires: August 19, 2024
Lori A McCole
NOTARY PUBLIC
STATE OF COLORADO
NOTARY IQ 20204031017
MYCOMMISSION EXPIRES SePI.Mbe,01h.2024
See Proof on Next Page
1/10/22 PEC Agenda - Page 1 of 2
PLANNING AND ENVIRONMENTAL
COMMISSION January 10, 2022, 1:00 PM
Town Council Chamhers and Virtual on Zoom 75
S. Frontage Road - Val 1, Colorado, 81657
1. Call to Order
1.1. Reggister in advance for this webinar: https-P
us02web zoom. ustweltinarlregisteTIVIN_
tXL0eRs9 ieo3kwg6BBJw
After registering, you will receive a confirmation
email containing information aboutjoining the
webinar.
1.2. Attendance
1.3. Swearing in of New Member Jenn Bruno
2. Main Agenda
2.1. A request for a recommendation to the Vail Town
Council for a zone dMGI boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town
Code to allow for the rezoning of a portion of Lot 15,
Block 1, Vail Village Filing (826 Forest Road)from
Two-Family Primarryy)Secondary Residential (PS]
to Outdoor Recreaf on (OR) and to zone aportion
of the Forest Road ROW to Two-Famlly Primary/
Secondary Residential PS and setting forth details
in regqard thereto. [PEC 1- 051 ] 20 min.
App cant: Mexamer Forest Road LLC, represented
by KH WebbArchiEects
Planner: Jonathan Spence
2.2. A request for review of a Minor Subdivision
pursuant to Section 13-4, Minor Subdivisions, VaH
Town Cade, to adjust property lines in the vicinity
Of Lots 14 and 15, Block 1 Uzail Village Filing 6, and
setting forth details in regard thereto. (PEC21-00550)
2l] min.
Applicant: Mexamer Forest Road LLC, represented
by 1(H Webb Architects
Planner: Jonathan Spence
2.3. A request for the review of a Variance from
Section 12-21-12, Restrictions in Specific Zones on
Excessive Sloppees, Vail Town Code, to allow for a
variance fromlhe maximum percent of lot covered
by driveways and surface pain in in accordance
with the provision of Section 12-17, Variances, Vail
Town Code, located at 8161826 Forest Road I Lots
14115, Block 1, Vail Village Filinngq No. 6 and setting
forth details in regard thereto. (PEC21-Oo45] 20 min.
Applicant: Mexamer Forest Road LLC, represented
by }fH Webb Architects
Planner: Jonathan SSmnnce
PEC2t-1)045 & PEC 21-0048 Wit be heard
concurrently.
2.4. A request for the review of a Variance from
Section 12-21-12, Restrictions in Specific Zones on
Excessive SI , Vail Town Code, to allow for a
variance fromihe maximum percent of lot covered
by driveways and surface parking, in accordance
with the pfcrosion of Section 12-17 Vanances Vail
Town Code, located at 826 forest ftaiVLof 15,
Blockg 1, Vail Allae Fill nq 6 and setting forth details
Apf pellcant MexoaIrr eEForesstt 4Road LLC, represented
Gyy KH Webb Architects
Planner: Jonathan Spence
PEC21-0045 & PEC21-0048 will be heard
concurrently.
LAppproval of Minutes
. December 13, 2021 PEC Results
4. Adjournment
The applications and information about the
proposals are available for public inspection.
during regular oiiice 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 me the Planning
and Environmental Commission will consider an
item. Please call (970) 479-2136 for additional
information. Please ca11711 for sign language
interpretation 48 hour prior to meeting time.
Community Development Department
PUBLISHED IN THE VAI
L DAILY ON FRIDAY,
JANUARY 7.2022.
1/10/22 PEC Agenda - Page 2 of 2
Ad #: tlLrlWl1J6o4cE5OrsHq
Customer: Danielle Couch
1/10/22 PEC Notice
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO) SS
COUNTY OF EAGLE)
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
I, Mark Wurzer, do solemnly swear that I am Publisher of, says: The Vail
NOTICE IS HEREBY GIVEN that the PlanninRand
Daily, that the same weekly newspaper printed, in whole or in part and
Environmental Commission of the Town of Val will
3� VPTownCotl 9 nJanuary10, 202Section :00
pm in the Town of Vail Municipal Building.
published in the County of Eagle, State of Colorado, and has a general
Regisferinadvance torthis wet inai:
circulation therein; that said newspaper has been published continuously
https:Ilus02web. zoom.us webinarlregisterMlN_
rxL0eRs9C31Cieoskwg89RJw
and uninterruptedly in said County of Eagle for a period of more than fifty-
ea`cnaelorwlilceiv,-tWin--tnmIotnnntuthe
two consecutive weeks next prior to the first publication of the annexed
webinar.
No new items have been submitted for this meeting.
le al notice or advertisement; that said newspaper has been admitted to
9may
Tabled orcoduleddttemsmeetin date meelings
be scheduled for this meeting date -
the United States mails as a periodical under the provisions of the Act of
The applications and infermationabout the
propoggsals are avallabe for public inspection
March 3, 1879, or any amendments thereof, and that said newspaper is a
�eveio nentloes rtment 75 SouthFroTown of Vail cntageRoad.
The pu�lic is invited to attend site visits. Please call
weekly newspaper duly qualified for publishing legal notices and
97(� 36 or visit additiona?n ormaticn iailgov.corNplanninglor
advertisements within the meaning of the laws of the State of Colorado.
si. n lanhguage interpretationavailable upon request
wl 24 aur notificaticn. dial 713.
That the annexed legal notice or advertisement was published in the
PUBLISHED IN THE VAIL DAILY ON FRIDAY,
regular and entire issue of every number of said weekly newspaper for the
DECEMBER 24.2021.
period of 1 insertion; and that the first publication of said notice was in the
issue of said newspaper dated 24 Dec 2021 in the issue of said
newspaper.
Total cost for publication: $23.32
That said newspaper was regularly issued and circulated on those dates.
Publi her
Subscribed to and sworn to me this date, 12/24/2021
V�0Ua�
Notary Public, Eagle County, Colorado
My commission expires: August 19, 2024
Lori A McCole
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20204031017
MY COMMSSION EXPIRES SW—ber91h.2024
1/10/22 PEC Notice - Page 1 of 1