HomeMy WebLinkAbout2023-01-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.)
1.1 Citizen Participation
2.Any action as a result of executive session
3.Consent Agenda (5 min.)
3.1 Resolution No. 1, Series of 2023, A Resolution Adopting
the Town's Website as the Town's Posting Location
Approve, approve with amendments or deny Resolution No. 1,
Series of 2023.
Background: C.R.S. Section 24-6-402(2)(III), a local public
body shall be deemed to have given full and timely notice of a
public meeting if the local public body posts the notice, with
specific agenda information if available, no less than twenty-
four hours prior to the holding of the meeting on a public
website of the local public body. The notice must be accessible
at no charge to the public. The local public body, shall, to the
extent feasible, make the notices searchable by type of
meeting, date of meeting, time of meeting, agenda contents.
and any other category deemed appropriate by the local public
body.
3.2 Contract Award to Peak Communications to Upgrade
Town's Phone System Software
Direct the Town Manger to enter into an agreement in a form
approved by the Town Attorney with Peak Communications for
an amount not to exceed $65,000 to upgrade and transfer the
town’s Avaya phone system software.
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and Virtually via Zoom
Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_4WTe-l-1TGmCfAs2II_m_Q
6:00 PM, January 3, 2023
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding
town services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Citizen Participation.pdf
Res. 1, Series 2023.pdf
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Background: The Avaya telephone system was implemented
in 2018 and has performed well for the town over the years.
The Town's current version of Avaya Communications
Manager will no longer be supported by the company as of the
end of 2022, and so an upgrade and/or change is required.
4.Town Manager Report (10 min.)
4.1 Council Matters and Status Report
5.Action Items
5.1 Contract Award to Kimley Horn for the Vail Pedestrian
Village Safety Project
10 min.
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Kimley Horn for the
Vail Pedestrian Village Safety Project in an amount not to
exceed $282,585.00
Presenter(s): Tom Kassmel, Town Engineer
Background: The Town of Vail has budgeted for the design
and installation of safety improvements, namely retractable
bollards, within the high pedestrian areas of the Town of Vail,
specifically; Vail Village, Lionshead Village, and Ford Park.
Town staff advertised a Request For Proposals (RFP) for the
design of these safety improvements and received two
proposals.
6.Public Hearings
6.1 An appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the final decision of the Town of Vail Planning
and Environmental Commission on November 14, 2022,
approving a Major Exterior Alteration, pursuant to Section
12-7H-7, Exterior Alterations or Modifications, Vail Town
Code, allowing for the redevelopment of the Evergreen
Lodge, located at 250 South Frontage Road West/Lot 2W,
Block 1, Vail Lionshead Filing 2, and Lot F-1, Vail Village
Filing No. 2 and setting forth details in regard thereto
(TC22-0009)
105 min.
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town
Council must uphold, uphold with modifications, or overturn the
Planning and Environmental Commission ’s December 6 2022,
decision. The Town Council must act by motion, with such
motion to be approved by a majority of those present.
Presenter(s): Greg Roy, Senior Planner
Background: HCT Member, LLC represented by Mauriello
Planning Group, requests the review of a Major Exterior
Alteration, pursuant to Section 12-7H-7, Exterior Alterations or
Modifications, Vail Town Code, to allow for the replacement of
Peak Communications Avaya Upgrade MEMO.pdf
230103 Matters.pdf
Council Memo 1-3-23.docx
VailBollardLocationsDRAFT-Nov.pdf
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the existing Evergreen Lodge with a new development, located
at 250 South Frontage Road West.
6.2 Ordinance No. 25, Series of 2022, Second Reading, An
Ordinance Rezoning Lot 5 of the Middle Creek
Subdivision, a Resubdivision of Tract A, from Natural Area
Preservation (NAP) to Housing (H); Lot 4 of the Middle
Creek Subdivision, a Resubdivision of Tract A, from
Natural Area Preservation (NAP) to General Use (GU), and
the Remainder of Tract A, Middle Creek Subdivision, a
Resubdivision of Tract A, From General Use (GU) to
Natural Area Preservation (NAP)
5 min.
Approve, approve with amendments, or deny Ordinance No.
25, Series of 2022 upon second reading.
Presenter(s): Greg Roy, Senior Planner
Background: The subject property was annexed into the Town
of Vail in 1968 with Ordinance No. 8, Series of 1969.
Ordinance No. 19, Series of 1995 zoned the portions of Tract
A from Agricultural Open Space to the General Use and
Natural Area Preservation districts. This rezoning was part of a
larger rezoning that occurred after the passage of the 1994
Open Lands Plan adoption. In 2002, the property was
subdivided to create Lots 1 and 2 to facilitate the development
of Middle Creek Housing and to create the site for the telecom
tower. In 2020, a subdivision application was approved by the
PEC to create Lot 3 as the site for the Residences at Main Vail
project.
Staff Recommendation: The Planning and Environmental
Commission held a public hearing on the proposed Zone
District Boundary Amendment on December 12, 2022, where a
recommendation for approval was forwarded to the Vail Town
Council by a vote of 4-2-0 (Pratt and Perez opposed).
7.Adjournment (8:25pm estimate)
Evergreen_Appeal_Staff_Memo_01-03-2023__final_.pdf
Attachment_A._2022_12_14_Amended_Appeal_Package_v.2.pdf
Attachment_H._Correnspondence_received_between_November_11__2022__and_November_14__2022.pdf
Attachment_I._Correnspondence_received_ater_the_Planning_and_Environmental_Commission_November_14__2022__decision.pdf
Attachment_J._Evergreen_Public_Input.pdf
Applicant Presentation
Public Input.pdf
Ordinance No. 25 Staff Memorandum
Attachment A. Ordinance No. 25, Series of 2022.pdf
Attachment B. Proposed Zone District Boundary Amendment Map 12-13-22.pdf
Attachment C. Applicant Narrative 120122.pdf
Attachment D. PEC Minutes from Meeting on 12-12-2022.pdf
Attachment E. Staff Memorandum, PEC22-0019.pdf
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
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Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:January 3, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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From:kbenysh@vail.net
To:Council Dist List
Subject:Free Parking
Date:Monday, December 26, 2022 5:49:51 PM
I am beyond disappointed that you have decreased the free parking
structure time from two hours to just a measly one. For countless
years, I have enjoyed meeting a friend in the Village for a nice lunch,
but due to the 1 hour free limit, we now go to Avon or Edwards. I
wanted to spend some leisurely time at the Kris Kringle market a couple
of weeks ago but passed it up due to the 1 hour free limit. I can no
longer enjoy my hometown in the winter, and I refuse to purchase a pass
for the “privilege” of parking an extra hour on non-peak days as it is
insulting.
This new policy effectively screams “not welcome” to all area residents
who will now choose to spend their money elsewhere. It does not
contribute to your goal of creating a closer community; in fact, it
alienates locals. I feel like the door has been slammed shut and the
welcome mat removed in my longtime home town.
Please consider rescinding this ill-advised and off-putting decision and
reinstate the 2-hour free parking policy.
6
From:Diane Johnson
To:Council Dist List
Subject:Fwd: Town of Vail lost two key community spaces during pandemic
Date:Thursday, December 22, 2022 8:17:59 PM
Dear Vail Town Council,
As a follow up to my below letter from February, I'm happy to see the Vail Daily story about Council's Dec.
20 discussion about Steward Vail, including, "The third idea to bring a community fitness center was one
that Ritter said came up a lot in the planning process as residents were seeking not only a place to work
out closer to home, but to build community. While council members saw the value of this, many
expressed trepidation on whether it was obtainable or realistic."
I'm very happy to hear talk of community / fitness centers and very disappointed to hear about Council
trepidation. Residents are craving connection, the Steward Vail plan identifies future solutions, yet the
former Cascade / Aria Club continues to sit empty - which could be a NOW solution. It's not an easy or
inexpensive solution but we are begging for more interactive community spaces and Cascade already
exists.
Please, take another look at Cascade, with or without VRD. And ask us to raise our mill levy to pay for it.
Regarding the other community space I wrote about in February - the replacement for Cinebistro is now
complete. Chasing Rabbits might be a nifty new concept and club, but it's not a theater, nor a public
amenity that was required as part of the Solaris development. So a net loss of community gathering
spaces.
You each have a hard job planning for our community's future and I appreciate your time serving on
Council. There's an opportunity to do something near term while you think about long term.
Thanks for your consideration.
Diane Johnson
---------- Original Message ----------
From: Diane Johnson <dljohnson1915@comcast.net>
To: "towncouncil@vailgov.com" <towncouncil@vailgov.com>,
"allvrdboard@vailrec.com" <allvrdboard@vailrec.com>
Date: 02/13/2022 2:11 PM
Subject: Fwd: Town of Vail lost two key community spaces during pandemic
Vail Town Council members and VRD board members,
Please consider the below letter to the editor as you plan for the future and discuss what
makes living in Vail enjoyable for community members.
Thanks for your consideration.
Diane Johnson
---------- Original Message ----------
From: Diane Johnson
To: "letters@vaildaily.com" <letters@vaildaily.com>
Date: 02/13/2022 1:52 PM
Subject: Town of Vail lost two key community spaces during
pandemic
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To the Editor:
Will the Cascade (Westin/Aria/Hyatt) gym or Solaris movie theater ever come
back to our community? These pandemic casualties were part of Vail’s
community fabric, which is fraying without them.
The town of Vail has always been concerned with its sense of community.
Despite many previous calls for a community gym (rec center, whatever) the
answer was always that the private sector took care of that. It doesn’t.
The Solaris movie theater (and ice rink) exist because a previous Vail Town
Council required these community amenities to mitigate, in part, the impacts
of that development.
The front page of the Feb. 12 Vail Daily showed axe throwing at a new
business in Vail. I’m stoked for people to have something new and different to
do together, but the axe throwing location? The former indoor tennis courts
that were part of the Cascade workout facility! Sigh.
Vail Recreation District and Town of Vail, please, think carefully about what
creates community for your residents. Before you try to redo Dobson, tweak
special events, attract more visitors, etc., address the loss of these
community spaces. We need them revived!
Diane Johnson
Vail
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From:jeff potto
To:Council Dist List
Subject:CONCERNED TAX PAYER
Date:Tuesday, January 3, 2023 9:56:38 AM
Councilman Barry Davis advised me to email this question so it becomes part
of the permanent record of the town council for it to be addressed in some
kind of timely manner..
Original text conversation with barry began in october 2022 and I am now
looking for some kind of official position on this from town....
THE HIGHWAY EXIT RAMP LIGHTING FOR BOTH THE VAIL AND WESTVAIL EXITS HAVE
BEEN TURNED OFF FOR OVER A YEAR NOW........ WHY?
Thank You...jeff potto
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Just two questions
Maybe I missed this or it is now being addressed but here are my two questions.
1. Why are the existence of Auxiliary Dwelling units (ADU’s) not addressed in the WVMF-1?
There are at least 32 ADU’s in Chamonix Chalets, 8 in Vail View Townhomes and 4 in Crooked
Ski townhomes and I am sure there are more ADU’s elsewhere that I am not aware of. ADU’s
are some of the most affordable widely used living spaces for locals housing needs. I assume
that these non-conforming units are not even counted in the WVMP unit count. I thought the
goal of this zoning update was not to lose any housing units and reduce non-conformities.
2. Has anyone calculated the GRFA that could potentially be built in a building that complies
with the newly proposed set back, height, and site coverage and all other requirements?
Using 2039 Chamonix ln as an example with very rough approximate numbers.
Lot size 23,000 sq. ft. 30% site coverage is 6,900 sq. ft. or an 87 ft x 90 ft building
38 ft high
23,000 x .44 GRFA = 10,120 sq. ft.
So, 6,900 Sq. Ft. on the first floor 3,200 sq. ft on the second floor and you are maxed out on
GRFA
So, if you built the building to the max site coverage, height, and setbacks the second floor
could have 20 ft. high ceilings and half of the first floor could have 32 ft. high ceilings. The
unused sq. footage could house ten or more living units. (but then parking might be an issue)
I do know that GRFA is complicated, time consuming and therefore expensive to calculate so
maybe I’m way off base.
The GRFA restrictions make no sense to me. I thought the goal of WVMF-1 was to allow for
increased density. The GRFA restriction seems extremely limiting and not at all in line with
increasing density and affordability.
Thank you,
Jack Bergey
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PEC members, Planners, and community.
I know you have all put a lot of work into the new zoning restructuring. I am pleased that you
are still taking in public comment and trying to come up with an acceptable solution. As always
not everyone will be happy with the end result.
Hopefully you will seriously take into consideration those of us who will be most impacted, the
residents of the WVMP-1 zone district.
We all agree that affordable local housing is an important issue, and we would all like to be part
of the solution. Many of us feel that as currently written the new zoning regulations are putting
an undue burden on the approximately 200 residents of WVMP-1.
As the West Vail Master Plan pointed out, most of the properties in the WVMP-1 are old. In
order to be safe, these older buildings need ongoing maintenance, repair and updating. And
now especially with the newly adopted 2021 Energy Conservation Code requirements it will be
harder than ever if not impossible to adhere to the new ECC Code without falling into the
category of a major remodel. Again, increasing the burden on local homeowners.
As written in most cases we would not be able to complete a major remodel unless we deed
restricted 50% of the units in our condo or townhome project. This is just not a realistic option.
We need to be able to build back what is already existing on our property. As written, WVMP-1
does correct the zoning from Primary/secondary to multifamily BUT to remodel, update or
improve your property WVMP-1 contains the deed restriction penalty which effectively negates
any incentive.
Thank you for your consideration.
Jack Bergey
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:January 3, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 1, Series of 2023, A Resolution Adopting the
Town's Website as the Town's Posting Location
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 1, Series
of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Res. 1, Series 2023.pdf
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RESOLUTION NO. 1
SERIES OF 2023
A RESOLUTION ADOPTING THE TOWN'S WEBSITE AS THE TOWN'S POSTING
LOCATION
WHEREAS, the Colorado Legislature passed House Bill 19-1087, amending C.R.S. §
24-6-402 to encourage local governments to transition from posting physical notices of public
meetings in physical locations to posting notices electronically on a website;
WHEREAS, House Bill 19-1087 provides that after July 1, 2019, a local government is
deemed to have given full and timely notice of a public meeting if the local public body posts
notice on its official website at no charge to the public at least 24 hours prior to the meeting;
WHEREAS, the Town maintains an official website; and
WHERE AS, the Council wishes to adopt the Town's website as the official posting location
for public meetings.
NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,
THAT:
Section 1. The Town's website, www.vailgov.com, is hereby adopted as the official
posting location for all meeting notices pursuant to C.R.S. § 24-6-402.
Section 2. Town staff is hereby directed to provide the official website address to
theState Department of Local Affairs for inclusion in the Department's inventory.
Section 3. In the event online notice is not possible due to emergency circumstances,
the alternative posting place is the bulletin board at the Vail Town Hall, 75 S. Frontage Road, Vail,
Colorado.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of January 2023.
TOWN OF VAIL
Kim Langmaid, Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
Resolution No. 1, Series of 2023
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AGENDA ITEM NO. 3.2
Item Cover Page
DATE:January 3, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Peak Communications to Upgrade Town's
Phone System Software
SUGGESTED ACTION:Direct the Town Manger to enter into an agreement in a form
approved by the Town Attorney with Peak Communications for an
amount not to exceed $65,000 to upgrade and transfer the town’s
Avaya phone system software.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Peak Communications Avaya Upgrade MEMO.pdf
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To:
From:
Date:
Subject:
Vail Town Council
IT Department
Jaunary 3, 2023
Avaya IP Office Manager Upgrade Agreement with Peak Communications
I.PURPOSE
The purpose of this item is to request the Council to approve an agreement with Peak
Communications to upgrade our Avaya telephone software system.
II.BACKGROUND
The Avaya telephone system was implemented in 2018 and has performed well for the town
over the years. We originally worked with a different vendor that went out of business, and
Peak Communications was able to step in and provide the necessary support we needed to
ensure our critical phone systems were configured and working properly. Our current version of
Avaya Communications Manager will no longer be supported by the company as of the end of
2022, and so an upgrade and/or change is required. After considering some other options,
Peak Communications recommended that we stick with Avaya, but switch from the more
expensive Communications Manager to a version that better suits our needs – IP Office
Manager. By switching versions, we will save approximately $15,000 per year in support costs
moving forward.
This project is tentatively scheduled for completion in January of 2023, and the
necessary funding was included and approved as a part the town’s 2023 Capital budget
process.
III.ACTION REQUESTED OF COUNCIL
Direct the Town Manger to enter into an agreement in a form approved by the Town Attorney
with Peak Communications for an amount not to exceed $65,000 to upgrade and transfer the
town’s Avaya phone system software.
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:January 3, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Matters and Status Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
230103 Matters.pdf
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COUNCIL MATTERS
Status Report
Report for Jan. 3, 2023
o Fentanyl Concerns: Commander Ryan Kenney is coordinating with Maggie
Seldeen of High Rockies Harm Reduction, an organization which provides
Narcan, fentanyl test strips and other harm reduction supplies. More information
to come after their meeting on Jan. 10.
Town Council Action Plan Updates
Each month town staff will update the Town Council Action Plan document as projects
and initiatives move forward or are updated. Below is a link to the timeline and “live”
document:
https://www.vailgov.com/government/town-council-meeting-registration/town-council-
priorities
In the News
Dec. 15
Vail at 60
https://www.vaildaily.com/news/vail-at-60-stories-from-those-who-helped-create-the-worlds-greatest-
ski-resort/
Peak Parking Days
https://www.realvail.com/peaking-parking-kicks-in-at-vail-on-friday/a15064/
Things to Do in Vail
https://www.afar.com/magazine/things-to-do-in-vail-colorado
Dec. 17
The Road to Vail's Opening Day
https://www.vaildaily.com/news/vail-at-60-the-road-to-vails-opening-day-in-1962/
Opposition to Uinta Basin Railway - published in multiple outlets
https://www.vaildaily.com/news/uinta-basin-railway-opposition-unites-colorado-towns-utah-
backcountry-residents/
Dec. 18
Memories of Vail
https://www.vaildaily.com/news/vail-at-60-more-memories-from-longtime-locals-as-the-resort-
celebrates-six-decades/
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Dec. 19
Here's to Vail's Pioneers - letter
https://www.vaildaily.com/opinion/letter-heres-to-vails-pioneers/
What Made Vail Good is Gone - letter
https://www.vaildaily.com/opinion/letter-what-made-vail-good-is-lost-and-gone/
Dec. 20
Bag Fees
https://www.vaildaily.com/news/eagle-county-stores-prepare-statewide-single-use-bag-fees-starting-
jan-1/
Dec. 21
Residences at Main Vail - front page
https://edition.pagesuite.com/html5/reader/production/default.aspx?pubname=&pubid=40b4514b-
010b-403b-afbb-0ba1cd8007a5
Dec. 22
Fentanyl Advocacy - front page
https://www.vaildaily.com/news/vail-town-council-community-advocate-for-harm-reduction-measures-
in-town/
RTA - opinion
https://www.vaildaily.com/opinion/eagle-valley-regional-transportation-authority-board-rta-will-bring-
meaningful-improvements-to-countys-mass-transit-system/
Dec. 23
Steward Vail Pillars 3 & 4 - front page
https://www.vaildaily.com/news/vail-town-council-delves-into-steward-vail-pillars-on-culture-
environment/
West Middle Creek
https://www.vaildaily.com/news/west-middle-creek-gains-momentum-toward-future-housing-
development-in-vail/
Christmas wish list for the Vail Valley - opinion
https://www.vaildaily.com/opinion/romer-my-christmas-list-for-the-vail-valley/
Dec. 24
School Breaks Affecting Visitation
https://www.vaildaily.com/news/vail-resorts-analysts-expect-reduced-visitation-higher-spending-at-
colorado-ski-resorts-during-holiday-week/
Sustainable Giving - opinion
https://www.vaildaily.com/news/sustainable-vail-sustainable-giving-this-holiday-season/
Most Popular Ski Towns
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https://www.cnbc.com/2022/12/24/popular-ski-destinations-north-america.html
Dec. 25
Lodging Occupancy
https://www.vaildaily.com/news/is-vails-lodging-occupancy-dip-for-christmas-week-affecting-other-
businesses-in-town/
Dec. 26
Apple notifications
https://coloradosun.com/2022/12/26/skier-iphone-crash-detection-calls/
Dec. 27
The Way Skiing Used to Be
https://www.denverpost.com/2022/12/27/vail-steamboat-copper-eldora-telluride-ski-resort-history-
photos/
Dec. 28
Evergreen Lodge Appeal
https://www.vaildaily.com/news/evergreen-lodge-redevelopment-in-vail-hits-roadblock-in-approval/
Dec. 29
Vail InDeed
https://www.capecodtimes.com/story/news/local/2022/12/29/purchasing-deed-restrictions-help-
provincetowns-housing-crisis-vail/69751347007/
Social Media Listening
Themes over the last two weeks have been predominately centered on Christmas
lights, snow and the holidays.
https://share.sproutsocial.com/view/caff7d3a-33a7-4307-bf7d-3a33a71307c0
Upcoming Events
o Jan 10 – Recognition of Police Chief Dwight Henninger for his service as
the President of the International Association of Chiefs of Police.
Where: Donovan Pavilion, 5 - 6 p.m. for town staff; 6 - 7 p.m. open to the
public.
o Jan 17 – Town Council Retreat. To be held at the Grand View in
Lionshead, tentatively scheduled to start at 8 a.m. to allow time before the
regular afternoon session later that day.
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:January 3, 2023
TIME:10 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Contract Award to Kimley Horn for the Vail Pedestrian Village
Safety Project
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Kimley Horn for the Vail
Pedestrian Village Safety Project in an amount not to exceed
$282,585.00
PRESENTER(S):Tom Kassmel, Town Engineer
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 1-3-23.docx
VailBollardLocationsDRAFT-Nov.pdf
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To:Town Council
From:Public Works Department
Date:January 3, 2023
Subject:Vail Pedestrian Village Safety Improvements Contract Award
I.SUMMARY
The Town of Vail has budgeted $1.95 Million over the next three years to design and
install pedestrian safety improvements within the Vail Village, Lionshead Village, and
Ford Park. The purpose of the project is to restrict and control vehicular access into the
Town of Vail’s high pedestrian activity areas. The safety measures will not only be
required to restrict vehicular access and be impact resistant, but the majority of them
shall also be able to be remotely and automatically retractable/removeable to allow
authorized vehicles to access through them as needed. This authorized access will be
required in various locations for transit buses, loading and delivery vehicles,
maintenance vehicles, and emergency vehicles.
Staff developed a draft concept plan of potential installation locations that was utilized
as a basis for the RFP. The draft concept includes input from all critical internal town
departments and is an initial concept. Staff recognizes that there will likely be
numerous changes based on final recommendations of safety measures and automatic
controls, existing site utilities, access to available power, and input from all town
departments, Town Council, and the public. A copy of the draft concept plan is
attached.
The improvements will likely be installed in three to four phases over the next three
years. The 2023 budget includes $650,000 to complete the design and Phase I of the
installation.
The Town advertised a Request For Proposals (RFP) for the design work in November
and received two proposals in December.
Kimley-Horn $282,585
MSE $349,500
After the thorough review of each proposal, town staff is recommending the town
proceed with Kimley-Horn.
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Town of Vail Page 2
II.RECOMMENDATION
Staff recommends awarding the contract to Kimley Horn in the amount of $282,585 in a
form approved by the Town Attorney.
III.ATTACHMENTS
Draft Concept Plan
22
23
24
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:January 3, 2023
TIME:105 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings
SUBJECT:An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code,
of the final decision of the Town of Vail Planning and
Environmental Commission on November 14, 2022, approving a
Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications, Vail Town Code, allowing for the
redevelopment of the Evergreen Lodge, located at 250 South
Frontage Road West/Lot 2W, Block 1, Vail Lionshead Filing 2,
and Lot F-1, Vail Village Filing No. 2 and setting forth details in
regard thereto (TC22-0009)
SUGGESTED ACTION:Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council
must uphold, uphold with modifications, or overturn the Planning and
Environmental Commission ’s December 6 2022, decision. The Town
Council must act by motion, with such motion to be approved by a
majority of those present.
PRESENTER(S):Greg Roy, Senior Planner
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Evergreen_Appeal_Staff_Memo_01-03-2023__final_.pdf
Attachment_A._2022_12_14_Amended_Appeal_Package_v.2.pdf
Attachment_H._Correnspondence_received_between_November_11__2022__and_November_14__2022.pdf
Attachment_I._Correnspondence_received_ater_the_Planning_and_Environmental_Commission_November_14__2022__decision.pdf
Attachment_J._Evergreen_Public_Input.pdf
Applicant Presentation
Public Input.pdf
26
TO: Town Council
FROM: Community Development Department
DATE: January 3, 2023
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Planning and Environmental Commission on November
14, 2022, approving a Major Exterior Alteration, pursuant to Section 12-7H-7,
Exterior Alterations or Modifications, Vail Town Code, allowing for the
redevelopment of the Evergreen Lodge, located at 250 South Frontage Road
West/Lot 2W, Block 1, Vail Lionshead Filing 2, and Lot F-1, Vail Village Filing No. 2
and setting forth details in regard thereto. (PEC22-0006)
Appellant: Vail International Condominium Owners Association represented by
Rohn Robbins
Applicant: HCT Member, LLC represented by Mauriello Planning Group
Planners: Jonathan Spence and Greg Roy
I. SUBJECT PROPERTY
The subject property is located at 250 South Frontage Road West/Lot 2W, Block 1, Vail
Lionshead Filing 2, and Lot F-1, Vail Village Filing No. 2 (Evergreen Lodge).
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1 Vail Town Code, the Town Council must hear and decide
appeals from any decision, determination, or interpretation by the Design Review Board with
respect to the provisions of Title 12, Zoning Regulations, and Title 14, Development
Standards, Vail Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Vail Town Code, there are three basic
procedural criteria for an appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Vail Town Code and the determinations made
by the Community Development Director, the appellants have standing as
aggrieved or adversely affected persons.
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Town of Vail Page 2
01/03/2023
A) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council, January 3, 2023, Public
Hearing was mailed on December 15, 2022, pursuant to Section 12-3-3C-3,
Vail Town Code.
B) Timeliness of the Notice of Appeal
Section 12-3-3C-3 of the Vail Town Code requires appeals to be filed within
twenty (20) days of the decision being appealed. On or before December 5,
2022, the appellants filed their appeals. (The December 12, 2022, date
reflected on the appeal is the result of revisions of a typographical nature)
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Should the November 14, 2022, decision of the Planning and Environmental Commission be
upheld?
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold with
modifications, or overturn the Planning and Environmental Commission’s November 14, 2022,
decision.
V. BACKGROUND
HCT Member, LLC represented by Mauriello Planning Group, requests the review of a Major
Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail
Town Code, to allow for the replacement of the existing Evergreen Lodge with a new
development, located at 250 South Frontage Road West.
On November 14, 2022, Planning and Environmental Commission held a public hearing on
the Major Exterior Alteration application and voted 4-3 (Perez, Pratt and Judge opposed) to
approve the application, with conditions, included below:
Conditions:
1. Approval of this project is contingent upon the applicant obtaining Town of Vail
design review approval for this proposal including the express approval for the
deviation from the architectural guidelines.
2. Prior to the issuance of the first certificate of occupancy for the project, the
Applicant shall execute and record deed restrictions, in a form approved by the
Town Attorney, for the on-site employee housing units (EHUs).
3. The applicant shall provide easements in a form and format approved by Town
of Vail legal staff for pedestrian access through the site and at the NW corner
adjacent to Middle Creek for possible future path alignment.
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Town of Vail Page 3
01/03/2023
4. The applicable Transportation Impact Fee shall be paid to the Town of Vail by
the applicant prior to issuance of any building permit.
5. The applicant shall provide box truck turning movements on the Frontage Road
at time of DRB submittal.
6. The applicant shall place a note on the civil plan that “There are no habitable
areas below the 100 year Base Flood Elevations”
7. The heated paver portion of the Frontage Road sidewalk shall extend to the
Loading and Delivery Driveway.
8. Prior to the issuance of any building permit, the applicant shall provide the
approved CDOT access permit.
9. The applicant shall work to explore sidewalk alternatives during DRB review to
collocate a portion of the walk on the fire back up area.
10. The applicant shall coordinate with the Town of Vail and ERWSD on the
planning and implementation of a Middle Creek Stream Corridor Protection and
Improvement Plan. This plan will include the existing culverted area (former US
Highway 6 culvert) and shall be submitted for review at time of DRB application.
All elements of the DRB approved plan shall be the financial responsibility of
the applicant.
11. The project shall obtain LEED certification v4.1 for Building Design and
Construction prior to issuance of a Certificate of Occupancy. As this is a
condition reliant on a third party, failure to meet the timeliness of this condition
shall not result in the project’s return to the PEC.
VI. APPLICABLE DOCUMENTS
The applicable Code section is Vail Town Code, Title 12, Section 12-7H-8 Compliance Burden
of the Vail Town Code, as linked below.
https://codelibrary.amlegal.com/codes/vailco/latest/vail_co/0-0-0-9929
VII. DISCUSSION ITEM
Should the November 14, 2022, decision of the Planning and Environmental Commission be
upheld?
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold
with modifications, or overturn the Planning and Environmental Commission’s November 14,
2022, decision. The Town Council must act by motion, with such motion to be approved by a
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Town of Vail Page 4
01/03/2023
majority of those present.
Should the Vail Town Council choose to uphold the decision of the Planning and
Environmental Commission, the following motion is recommended:
“I move that the Town Council uphold the November 14, 2022, decision of the Planning and
Environmental Commission, because the PEC properly determined that the Major Exterior
Alteration application complies with Title 12, Section 12-7H-8 Compliance Burden of the Vail
Town Code”
Should the Vail Town Council choose to overturn the decision of the Planning and
Environmental Commission, the following motion is recommended:
"I move that the Town Council overturn the November 14, 2022, decision of the Planning and
Environmental Commission, because the submitted Major Exterior Alteration application fails
to comply with the Title 12, Section 12-7H-8, of the Vail Town Code, for the following reasons:
[LIST SPECIFIC REASONS HERE]"
IX. ATTACHMENTS
A. Vail International Condominium Owners Association Appeal December 12, 2022
B. PEC Minutes November 14, 2022
C. PEC Packet November 14, 2022
D. PEC22-0006, July 25, 2022
E. PEC22-0006, June 27, 2022
F. PEC22-0006, May 9, 2022
G. PEC22-0006 April 11, 2022
H. Correspondence received between November 11, 2022, and November 14, 2022
I. Correspondence received after the Planning and Environmental Commission November
14, 2022, Decision
J. Evergreen Public Input
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From:Jonathan Spence
To:Greg Roy
Subject:FW: Evergreen redevelopment
Date:Saturday, November 12, 2022 12:39:29 PM
From: Jack Armstrong <jack.theheron@gmail.com>
Sent: Saturday, November 12, 2022 12:39:07 PM (UTC-07:00) Mountain Time (US & Canada)
To: Jonathan Spence <JSpence@vailgov.com>
Subject: Evergreen redevelopment
Hello,my name is jack armstrong owner of a condo in the Scorpio building.There seems to be
a lot of concerns and unknowns about the redevelopment plans submitted to you guys. I am
concerned with the developer following city rules and regulations and hope you scrutinize his
proposal thoroughly and follow up to see that he does.respectfully,jack
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From:Jonathan Spence
To:Greg Roy
Subject:FW: Evergreen Building Plans
Date:Sunday, November 13, 2022 12:20:56 PM
From: Gary Dahlen <gary.w.dahlen@earthlink.net>
Sent: Sunday, November 13, 2022 12:20:26 PM (UTC-07:00) Mountain Time (US & Canada)
To: Jonathan Spence <JSpence@vailgov.com>
Cc: mervlapin@hotmail.com <mervlapin@hotmail.com>; Ron Snow <snowrjs@yahoo.com>; Richard
Kent <rkent.rk@gmail.com>; Bill Hardin <bhardin113@gmail.com>; Laine Lapin
<lainecoffey@gmail.com>; Spencer Blair <gunslunglow@gmail.com>; Kevin & Jo Tice
<kevin@apexskiboots.com>; Josephine Tice <jobetee63@gmail.com>; Gigi - Jim Owens
<gigio@comcast.net>; Russell Forrest <RForrest@vailgov.com>; Mark Wurzer
<mwurzer@vaildaily.com>; Jim Lamont <JFLamont@Vail.Net>; Kevin Foley <KFoley@vailgov.com>; Kim
Langmaid <KLangmaid@vailgov.com>; Jen Mason <JMason@vailgov.com>; Matt Mire
<jmm@hpwclaw.com>; Travis Coggin <TCoggin@vailgov.com>; Suzanne Silverthorn
<SSilverthorn@vailgov.com>; Barry Davis <BDavis@vailgov.com>; Stan Zemler
<SZemler@vailgov.com>; Pete Seibert <PSeibert@vailgov.com>; Jonathan Staufer
<JStaufer@vailgov.com>; Jonathan Staufer <jonathanstaufer@gmail.com>; Kimberly Langmaid
<kimberly.langmaid@gmail.com>; tcoggin@gmail.com <tcoggin@gmail.com>
Subject: Evergreen Building Plans
I too am in agreement with the comments by Merv Lapin and John Robbins. I have been an
owner in Vail (Scorpio Condominium) since 1972 and have provided comments to the town of
Vail several times on the Hospital Expansion — explicitly on the risk assumed by the Town of
Vail Council and the Medical Center regarding the ill conceived helicopter elevated landing
zone on the west end of the hospital.
Now the already tenuous risk profile of tall structures near the elevated landing pad will
further affect the risk profile of helicopter operations if approved. Gusty winds are the norm
for Vail during all seasons, especially during the winter. All structures near the landing area
will impact the local swirling wind pattern for landing and departing helicopters due to the
Venturi Effect of funneling wind through constrained spaces between structures. As noted in
the proposed plans for the Evergreen expansion, the highest portion of the building will be
closest to the elevated landing structure.
Even though the esthetics of the proposed design are not pleasing to me, the safety aspect of
the talent part of the prosed structure so near the elevated helicopter landing platform cause
me the largest concern. The plans should be disapproved for that reason alone . . .
Gary Dahlen, Colonel USAF (Ret)
gary.w.dahlen@earthlink.net
(719)205-4593
47
From:Jonathan Spence
To:Greg Roy
Subject:FW: Evergreen Lodge redevelopment
Date:Sunday, November 13, 2022 8:52:32 PM
Attachments:image001.png
image003.png
From: William B Hardin <bhardin113@gmail.com>
Sent: Sunday, November 13, 2022 8:52:12 PM (UTC-07:00) Mountain Time (US & Canada)
To: Ronald J. Snow <rsnow@joneskeller.com>
Cc: Jonathan Spence <JSpence@vailgov.com>; Bill Jensen <bill.jensen2455@gmail.com>; Matt Gennett
<MGennett@vailgov.com>; Laine Lapin <lainecoffey@gmail.com>; Spencer Blair
<gunslunglow@gmail.com>; Kevin & Jo Tice <kevin@apexskiboots.com>; Josephine Tice
<jobetee63@gmail.com>; Gigi - Jim Owens <gigio@comcast.net>; Russell Forrest
<RForrest@vailgov.com>; Mark Wurzer <mwurzer@vaildaily.com>; Jim Lamont <JFLamont@vail.net>;
Kevin Foley <KFoley@vailgov.com>; Kim Langmaid <KLangmaid@vailgov.com>; Jen Mason
<JMason@vailgov.com>; Matt Mire <jmm@hpwclaw.com>; Travis Coggin <TCoggin@vailgov.com>;
Suzanne Silverthorn <SSilverthorn@vailgov.com>; Kimberly Langmaid <kimberly.langmaid@gmail.com>;
tcoggin@gmail.com <tcoggin@gmail.com>; Merv Lapin (mervlapin@hotmail.com)
<mervlapin@hotmail.com>; Richard Kent <rkent.rk@gmail.com>; Jerry and Michelle Warshovsky (E-
mail) (michelle@warshofsky.com) <michelle@warshofsky.com>; Jack.theheron@gmail.com
<jack.theheron@gmail.com>; gary.w.dahlen@earthlink.net <gary.w.dahlen@earthlink.net>; Curtis
Carney <ccarney65@aol.com>; Pierre Turgeon <eadv@nhlpa.com>; Stan Zemler
<SZemler@vailgov.com>; Pete Seibert <PSeibert@vailgov.com>; rrobbins@CElaw.com
<rrobbins@celaw.com>
Subject: Re: Evergreen Lodge redevelopment
Dear Mr. Spence, Mr. Jensen and Mr. Gennett:
I am a property owner at 131 West Meadow Drive in Vail and fully support Ron Snow's
observations and objections to the proposed redevelopment of the Evergreen Hotel site.
Please further note that I am a graduate Aerospace Engineer, professionally licensed in
Colorado, as well as other states, and am on record as noting to the TOV that their decision to
permit rotary-wing aircraft operations from the rooftop of the VVMC was a reckless and
dangerous decision. I believe (but hope I am wrong) that there will be at some point in the
future an accident at the site which will involve considerable loss of life and property damage.
The structure proposed for the Evergreen site only increases the likelihood of such an event.
I would additionally ask if you could help me understand what is the TOV's vision which (in
theory, anyhow) would support the addition of more and more residential square footage in a
portion of Vail which is already crowded, and supported by an infrastructure which is highly
stressed and near failure. This makes no sense. Due to the helter skelter development, Vail is
becoming South-Beach-in-the-Rockies and is rapidly losing its special charm and culture as a
unique vacation and ski village. For what end?
Respectfully,
William B. Hardin
Colorado PE # 16769
On Sun, Nov 13, 2022 at 1:28 PM Ronald J. Snow <rsnow@joneskeller.com> wrote:
48
Messrs. Spence, Jensen and Gennet,
I am a property owner at the Scorpio Condominiums at 131 W. Meadow
Drive. The Scorpio owners are in the immediate neighborhood of the
Evergreen and will be impacted by the redevelopment proposed at the
Evergreen. The residential neighbors were not consulted nor notified of the
most recent proposals. This is unfair. There should be a requirement in the
regulations that require the applicant and Town to notify neighbors who are in
close proximity and whose community and quality of life are to be impacted.
To begin, we are in complete agreement with the Vail International letter
from Rohn Robbins. The roof slopes, massing, and overall architecture
require greater attention.
The proposal fails to meet zoning requirements and should be denied,
requiring the applicant to submit a proposal in compliance with zoning
compatible with the residential neighborhood.
There is only a 20-foot distance between the hospital and Evergreen
buildings. The building height next to the hospital is 50 of more feet high and
is directly in the path of the flight path of the helicopter pad at the hospital.
The Town should require an INDEPENDENT flight analysis of the impact of
such a high structure in such close proximity to the helipad. In particular, the
aerodynamic impacts to the landing and takeoff characteristics must be
professionally analyzed to evaluate whether the helicopters will be disrupted
by the peaks and valleys of nearby structures directly within the FAA
mandatory flight paths? The aerodynamic analysis should also evaluate the
weather extremes and altitude at this location.
As the Town and the hospital are unfortunately aware, the helicopter pilots
have a history of disregarding safety precautions mandated by the FAA such
as flying over the restricted population centers in the Town of Vail and failing
to fully check all safety items required prior to takeoff which led to the fatal
49
accident in Frisco several years ago.
If the Town allows helicopter overflights of the existing or future Evergreen
location, the Town should meticulously monitor compliance with its safety
requirements and impose severe penalties for violations.
The Town does not need additional condos nor additional hotel rooms. But it
does need employee housing for any needs caused by the Evergreen
proposal. Requiring housing for only 20% is an unbelievable shortfall.
Where will the other 80% go? Will the Town provide housing for another
100 Evergreen employees? The Evergreen proposed development will a very
profitable project which pay for the impacts to the Town and neighborhood
by building employee housing units for Evergreen employees.
The Evergreen should be lower than proposed at West Meadow Drive with
only two stories in keeping with the residential character of the neighborhood
Ronald J. Snow
Attorney At Law
1675 Broadway, 26th Floor
Denver, Colorado 80202
P: 303.573.1600 | F: 303.573.8133
JONES&KELLER, P.C.
rsnow@joneskeller.com
www.joneskeller.com
CONFIDENTIALITY NOTICE: This electronic mail transmission and any attachments
contain information belonging to the sender which may be confidential, privileged and
exempt from disclosure under applicable law. This information is intended only for the use
50
of the individual or entity to whom this electronic mail transmission is addressed. If you are
not the intended recipient or the employee or agent responsible for delivering the message to
the intended recipient, you are hereby notified that any disclosure, copying, distribution, or
action taken or not taken in reliance on the contents of the information contained in this
transmission is strictly prohibited. If you have received this transmission in error, please
immediately inform me by "reply" e-mail and delete the message in its entirety. Thank you.
51
From:Jonathan Spence
To:Greg Roy
Subject:FW: Evergreen Lodge redevelopment
Date:Sunday, November 13, 2022 12:29:03 PM
Attachments:image001.png
image003.png
2022 11 08 RKR Ltr to PEC for 11 14 22 Mtng (Sig).pdf
From: Ronald J. Snow <rsnow@joneskeller.com>
Sent: Sunday, November 13, 2022 12:28:14 PM (UTC-07:00) Mountain Time (US & Canada)
To: Jonathan Spence <JSpence@vailgov.com>; Bill Jensen <bill.jensen2455@gmail.com>; Matt Gennett
<MGennett@vailgov.com>
Cc: Laine Lapin <lainecoffey@gmail.com>; Spencer Blair <gunslunglow@gmail.com>; Kevin & Jo Tice
<kevin@apexskiboots.com>; Josephine Tice <jobetee63@gmail.com>; Gigi - Jim Owens
<gigio@comcast.net>; Russell Forrest <RForrest@vailgov.com>; Mark Wurzer
<mwurzer@vaildaily.com>; Jim Lamont <JFLamont@Vail.Net>; Kevin Foley <KFoley@vailgov.com>; Kim
Langmaid <KLangmaid@vailgov.com>; Jen Mason <JMason@vailgov.com>; Matt Mire
<jmm@hpwclaw.com>; Travis Coggin <TCoggin@vailgov.com>; Suzanne Silverthorn
<SSilverthorn@vailgov.com>; Kimberly Langmaid <kimberly.langmaid@gmail.com>; tcoggin@gmail.com
<tcoggin@gmail.com>; Russell Forrest <RForrest@vailgov.com>; Merv Lapin (mervlapin@hotmail.com)
<mervlapin@hotmail.com>; Richard Kent <rkent.rk@gmail.com>; Jerry and Michelle Warshovsky (E-
mail) (michelle@warshofsky.com) <michelle@warshofsky.com>; Jack.theheron@gmail.com
<jack.theheron@gmail.com>; Hardin, Bill (bhardin113@gmail.com) <bhardin113@gmail.com>;
gary.w.dahlen@earthlink.net <gary.w.dahlen@earthlink.net>; Curtis Carney <ccarney65@aol.com>;
Pierre Turgeon <eadv@nhlpa.com>; Stan Zemler <SZemler@vailgov.com>; Pete Seibert
<PSeibert@vailgov.com>; rrobbins@CElaw.com <rrobbins@CElaw.com>
Subject: Evergreen Lodge redevelopment
Messrs. Spence, Jensen and Gennet,
I am a property owner at the Scorpio Condominiums at 131 W. Meadow Drive.
The Scorpio owners are in the immediate neighborhood of the Evergreen and
will be impacted by the redevelopment proposed at the Evergreen. The
residential neighbors were not consulted nor notified of the most recent
proposals. This is unfair. There should be a requirement in the regulations that
require the applicant and Town to notify neighbors who are in close proximity
and whose community and quality of life are to be impacted.
To begin, we are in complete agreement with the Vail International letter from
Rohn Robbins. The roof slopes, massing, and overall architecture require
greater attention.
The proposal fails to meet zoning requirements and should be denied,
requiring the applicant to submit a proposal in compliance with zoning
compatible with the residential neighborhood.
52
There is only a 20-foot distance between the hospital and Evergreen buildings.
The building height next to the hospital is 50 of more feet high and is directly in
the path of the flight path of the helicopter pad at the hospital. The Town
should require an INDEPENDENT flight analysis of the impact of such a high
structure in such close proximity to the helipad. In particular, the aerodynamic
impacts to the landing and takeoff characteristics must be professionally
analyzed to evaluate whether the helicopters will be disrupted by the peaks
and valleys of nearby structures directly within the FAA mandatory flight paths?
The aerodynamic analysis should also evaluate the weather extremes and
altitude at this location.
As the Town and the hospital are unfortunately aware, the helicopter pilots
have a history of disregarding safety precautions mandated by the FAA such as
flying over the restricted population centers in the Town of Vail and failing to
fully check all safety items required prior to takeoff which led to the fatal
accident in Frisco several years ago.
If the Town allows helicopter overflights of the existing or future Evergreen
location, the Town should meticulously monitor compliance with its safety
requirements and impose severe penalties for violations.
The Town does not need additional condos nor additional hotel rooms. But it
does need employee housing for any needs caused by the Evergreen proposal.
Requiring housing for only 20% is an unbelievable shortfall. Where will the
other 80% go? Will the Town provide housing for another 100 Evergreen
employees? The Evergreen proposed development will a very profitable
project which pay for the impacts to the Town and neighborhood by building
employee housing units for Evergreen employees.
The Evergreen should be lower than proposed at West Meadow Drive with only
two stories in keeping with the residential character of the neighborhood
Ronald J. Snow
Attorney At Law
1675 Broadway, 26th Floor
Denver, Colorado 80202
53
P: 303.573.1600 | F: 303.573.8133
JONES&KELLER, P.C.
rsnow@joneskeller.com
www.joneskeller.com
CONFIDENTIALITY NOTICE: This electronic mail transmission and any attachments contain
information belonging to the sender which may be confidential, privileged and exempt from
disclosure under applicable law. This information is intended only for the use of the individual or
entity to whom this electronic mail transmission is addressed. If you are not the intended recipient
or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any disclosure, copying, distribution, or action taken or not taken in reliance on
the contents of the information contained in this transmission is strictly prohibited. If you have
received this transmission in error, please immediately inform me by "reply" e-mail and delete the
message in its entirety. Thank you.
54
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From:Gigi Owens
To:Jonathan Spence; Barry Davis; Russell Forrest; Jonathan Staufer; Pete Seibert; Stan Zemler
Subject:RE: Evergreen Project - follow up letter from owner of 272 W Meadow
Date:Thursday, December 29, 2022 1:17:39 PM
Dear Mr. Spencer and Mr Forrest,
I would like to let you know that today we had an opportunity to sit with Sharon Cohn and Peter Knobel of Solaris
Group to address our concerns about Evergreen and to hear in more detail their proposal and plans for the project as
most recently submitted to TOV. After spending an hour with Sharon and Peter , my husband James and I feel
comfortable with the approval of the proposed Evergreen redevelopment project and believe it would enhance the
value of our home and our neighborhood.
We appreciate all the time and effort both The Town of Vail and the Solaris Group have put into listening to the
community concerns and then making the necessary adjustments to the project. We are comfortable with the project
based on the latest proposal and would support its approval.
Sincerely,
Gigi Owens
Gigi Owens
630.607.9004
Gigio@comcast.net
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From:mark gordon
To:Council Dist List
Cc:Jonathan Spence
Subject:Evergreen Redevelopment Appeal
Date:Monday, December 19, 2022 4:09:00 PM
Dear Town Council:
Below is a copy of the letter that I sent to the PEC regarding the Evergreen project. After
reading the text of the appeal I still stand by the conclusions of my previous letter. In addition
to the letter, I would add my concerns about the integrity of the process as well as trust in our
community volunteers on our boards and commissions. Upon reviewing the process, I fail to
see any shortcomings in the back and forth between the PEC and the developer. I feel like the
developer was responsive and made substantive changes to the project as requested by the
PEC. In addition, I would add that this project is not a Special Development District and
therefore the give and take between the developer and town is somewhat limited. But still the
developer has added 7 additional housing units, above the legal requirements which in my
mind more than makes up for the minor variances requested.
Thank you for your time and consideration. I very much look forward to this important
redevelopment for our town.
Regards,
Mark Gordon
November 10, 2022
Dear Planning & Environmental Commission Members:
I have had the pleasure of reviewing the proposed plans for the redevelopment of the
Evergreen hotel. I always appreciate stakeholder outreach for input.
It appears to me that the applicant has been very responsive to the concerns and input they
have been given by both you and neighbors. In addition to their compliance with the
Lionshead Master Plan, I appreciate the bump in housing required from 13 units to 20.
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As a Vail resident, I am appreciative of what the land exchange with Vail Health that created
this site has done for our community – better access to Vail Health from the frontage road and
the new helipad location.
Thank you, PEC, for your time and dedication to the community – I look forward to this much-
needed redevelopment!
Thank you,
Mark Gordon
Mark Gordon
CRS, C2EX, ABR, RSPS, GREEN
Owner/Broker
President, CO Residential Real Estate Council
Christiania Realty, Inc.
356 Hanson Ranch Road
Vail, CO 81657
(970) 331-5821 Cell
(888) 373-9940 Fax
vailcoluxuryhomes.com
Please note: With recent issues related to Wire Fraud, I will never email you wiring instructions. Wire instructions
will come from the Title Company in a secure email. Please call me if you are asked to wire money.
62
From:Susie Tjossem
To:Council Dist List
Subject:Evergreen Redevelopment support!
Date:Monday, December 19, 2022 7:19:53 PM
Attachments:Tjossem Support Letter for Evergreen Redevelopment.docx
Madame Mayor and Council members:
I am forwarding my support letter for The Evergreen redevelopment
that I sent to PEC. As both a former PEC member and council
member, it is my hope that you uphold the PEC’s approval of this
application. From my observation, the PEC spent many months
reviewing the file and making comments that the applicant responded
to; the applicant also demonstrated both compliance and followed the
process properly, gaining staff support. Thank you.
Susie Tjossem
Vail Resident
Former Town Council Member
Former PEC Member
63
November 1, 2022
Sent via email: jspence@vailgov.com, commdev@vailgov.com
Dear Planner Spence and Members of the Vail Planning & Environmental Commission:
As a longtime Vail resident and former member of the Vail Town Council and Vail Planning &
Environmental Commission, I very much appreciate when I’m asked to engage in community
stakeholder outreach efforts by those working on significant proposed redevelopment projects
and/or initiatives.
I recently met with the Evergreen redevelopment team at their request to review their updated
submittal to the Town of Vail. In talking through the feedback they received from both you, the
PEC, and neighbors, I am impressed with how responsive the Evergreen team is being and how
significant their plan updates are based on the input.
First, I am satisfied that the project is compliant with the Lionshead Master Plan and zoning.
Second, having witnessed the successful execution of Vail’s New Dawn; I understand why timely
quality redevelopment is so vital to our community’s long-term health. As we all know, the
redevelopment of the Evergreen is long overdue; it is a front and center eyesore. The massive
investment being proposed by the Evergreen team will have significate upside for the Town in
both image and positive economic factors.
Thus, my third takeaway is sizeable changes have been made to the previous architectural plan
based on the staff and PEC’s thorough review and input. Obviously, the Evergreen team
listened. It now has a mountain modern look in compliance with the Lionshead design
guidelines. In addition, the reduction in dwelling units and GRFA; a commitment to satisfy all
required employee housing on site (plus some); the addition of a food and beverage space for
the public; and an adjusted streamside setback to meet the Town’s new regulations –
This is planned to be a premier property with multiple sustainable features and the right
amount of public interface. Thus, I urge you to give enthusiastic support to this proposal on
Nov. 14 and see the Town of Vail again embrace redevelopment setting us up for continued
positive economic impact.
Sincerely,
Susie Tjossem
1630 Buffher Creek Road
Vail CO 81657
64
From:ALAN DANSON
To:Council Dist List
Subject:Evergreen Project
Date:Thursday, December 15, 2022 10:24:45 AM
Dec. 15, 2022
Via email: towncouncil@vailgov.com
Dear Vail Town Council Mayor and Council Members:
As a Vail resident who was well aware of the plan to redevelop the aging Evergreen Lodge, I
made it a point to attend the November 14 PEC meeting where the project was approved. I
was impressed with the very thorough presentation made by the Solaris Group and its
experts, showing not only master plan compliance, but also significant changes to their plans
to incorporate comments of the neighbors and the planning commission -- including roof line
and building architecture changes and a reduction in dwelling units since the original submittal
earlier this year.
I strongly believe that the redevelopment of Crossroads to Solaris has added extraordinary
value to the built environment of Vail, establishing the Solaris Group as development
visionaries. I have no doubt that the Evergreen redevelopment plan will have a similar
positive impact on the Town. I also note that The Solaris Group has established itself as good
community partners and neighbors, as shown by the land exchange with Vail Health that
allowed a site for the helipad building and facilitated moving emergency vehicles and hospital
traffic to a new entrance off South Frontage Road. I also applaud Solaris Group for meeting
their housing requirement onsite and providing more units than required.
After 10 months in a public review process, and responsive plan changes committed to by
Solaris Group, PEC rightly approved the project. My ask of you is to uphold the PEC’s thorough
review and approval. I am aware that an appeal has been filed, but I would encourage the
appellant to continue to stay involved with the upcoming DRB process where I believe their
outstanding concerns can be most effectively be raised.
Happy Holidays and sincere thanks for all that you do.
Sincerely,
Alan Danson
65
THE EVERGREEN
VAIL TOWN COUNCIL
JANUARY 3, 2023
66
TODAY’S TEAM
MICHAEL VERDONE
BBC RESEARCH & CONSULTING
MATT KREILICH
SNOW KREILICH ARCHITECTS
DOMINIC MAURIELLO
MAURIELLO PLANNING GROUP
SHARON COHN
SOLARIS GROUP
67
BACKGROUND
ZONING OVERVIEW
APPEAL RESPONSE
CRITERIA FOR REVIEW
OUR REQUEST
MORE DETAIL AS NECESSARY
AGENDA
68
HISTORY OF THE PROPERTY
BACKGROUND
•1974 - Evergreen Lodge was constructed
•2005 - Evergreen site incorporated into Lionshead
Redevelopment Master Plan
•2005 - Evergreen site zoned Lionshead Mixed Use-1
•2012 - Applicant acquires property
•2015 - Section 5.19 of Lionshead Redevelopment Master Plan
amended addressing Evergreen and land exchange
•2017 - Land Exchange between Vail Health and Evergreen
completed
•2017 - Resubdivision Plat approved by PEC
•2021 - Vail Health completes redevelopment
•2022 - The Evergreen submits for redevelopment
LMU1
LMU1
GU
GU
GUGU
HDMF
CSC
NAPD
NA
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OR
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Source: TOV GIS
69
11 MONTHS IN THE REVIEW PROCESS
April
11
May
9
June
27
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70
NOTICE AND OUTREACH
March 2022 Town mailed notice to adjacent & neighborhood properties
April 2022
DRB Hearing (4/6) PEC Hearing (4/11)
Applicant hosts meeting with neighbors (4/26)
May 2022 Applicant emails neighbors to follow up (5/2) PEC Hearing (5/9) Applicant emails neighbors (5/10)
Applicant hosts meeting with neighbors (5/19)
June 2022 PEC Hearing (6/27)
July 2022 PEC Hearing (7/25)
Oct 2022
Applicant emails neighbors to inform of tabling to Nov 14 (10/6) Robbins request to applicant to table due to vacation (10/6)
Neighbor emails to ask about DRB schedule (10/6)
Nov 2022 PEC Hearing (11/14)
•Broad Vail residents and
businesses outreach from April
through December
•Neighbors including Vail
International representatives
attended all 5 PEC hearings
71
COMMUNITY SUPPORT
“This project’s onsite
housing is thoughtful, sustainable
and will provide support to the local
workforce, just like the support I
received as a young and hard
working resident here.”
- Kim Fuller
“I also understand the
desire to ask the applicant to put
back into their plans a small amount of
F&B and think it is the right amount for
property owners and guests – plus a few
locals waiting out hockey practice – but also
the right amount (not too much) that will
encourage further spending with our
local businesses.”
- Brian Nolan
“I have carefully reviewed the
plans and give my full support for
their approval."
- Harry Frampton
“…Sizeable changes have
been made to the previous
architectural plan based on the staff
and PEC’s thorough review and input.
Obviously, the Evergreen team
listened.”
- Susie Tjossem
“...The Solaris Group has
established itself as good
community partners and neighbors, as
shown by the land exchange with Vail
Health that allowed a site for the helipad
building and facilitated moving emergency
vehicles and hospital traffic to a new
entrance off South Frontage Road.”
- Alan Danson
“Upon reviewing the
process, I fail to see any
shortcomings in the back and forth
between the PEC and the developer. I
feel like the developer was responsive
and made substantive changes to the
project as requested by the PEC.”
- Mark Gordon
“We appreciate all the time and
effort both The Town of Vail and the
Solaris Group have put into listening to the
community concerns and then making the
necessary adjustments to the project.”
- Gigi Owens
(from opposition to support)
72
STAFF RECOMMENDED APPROVAL AND ALL APPLICATIONS APPROVED BY PLANNING & ENVIRONMENTAL COMMISSION ON 7/14/22
APPLICATIONS
Major Exterior Alteration & Design Guideline Deviation:
Major Exterior Alteration in Lionshead Mixed-Use 1 zone district & deviation from Lionshead Design
Guidelines to provide for flexibility in roof design
Conditional Use Permit: not subject to appeal
Multiple-family dwelling units and attached accommodation units conditional uses at garden level
and first floor in Lionshead Mixed-Use 1 zone district
Variances: not subject to appeal
Due to below-grade parking improvements, a variance for site coverage. Variance for setbacks
along the shared property line with Vail Health
73
WE ARE NOT DONE WITH THE REVIEW PROCESS
ADDITIONAL STEPS IN REVIEW PROCESS
We were planning on returning to DRB following PEC approval
Waited 20 days to see if there was call-up or appeal - received on Day 20
Appeal stays all activity of review process so we have not submitted final DRB submittal
74
•135 dwelling units in voluntary short-term
rental program
•128 attached accommodation units
•13 employee housing units
•203 parking spaces
•no commercial uses
WHERE WE WERE
FEBRUARY 2022 SUBMITTAL OCTOBER 2022 SUBMITTAL (CURRENT)
•109 dwelling units in voluntary short-term
rental program
•100 attached accommodation units (min)
•20 employee housing units
•208 parking spaces
•1,850 sq. ft. of restaurant / bar
•500 sq. ft. of hotel retail
WHERE WE ARE
75
ZONING COMPLIANCE
76
ZONING COMPLIANCE
Meet the standards of LMU-1:
✓Lot Area & Site Dimensions
✓Setbacks (front, rear, west side)
✓Stream Setback
✓Height
✓Density & GRFA
✓Landscape Area
✓Parking
✓Employee Housing
Variances granted from LMU-1:
•Setback adjacent to Vail Health parking
lot - below grade & at landscape lid
•Site Coverage (below grade)
Variances not subject to this appeal
77
STREAM SETBACK
78
BUILDING HEIGHT COMPLIANCE
79
COMPLIANCE WITH 12-7H-12
DENSITY
Density Allowed: No Limit
Proposed Density:
•109 Dwelling Units
•100 Attached Accommodation Units
•20 Employee Housing Units
COMPLIANCE WITH 12-7H-13
GRFA Allowed: 267,909 sq. ft.
•Proposed GRFA: 216,286 sq. ft.
•EHU* Proposed: 14,035 sq. ft.
GRFA
*EHU floor area does not count towards GRFA
80
Landscape Area Required:
20% of site area / 21,370 sq. ft.
Proposed:
•Softscape: 25,099 sq. ft.
•Hardscape: 10,725 sq. ft.
•Total: 35,824 sq. ft.
LANDSCAPE
COMPLIANCE WITH 12-7H-15
(Calculation does not include landscape roof areas)
81
PARKING PROVIDED
Total Required: 183.1
Total Provided: 208 spaces
(exceeds requirement by 24.9 spaces)
Complies with Town Code
82
COMPLIES WITH EHU REQUIREMENT
EMPLOYEE HOUSING
•Total of 20 units / 14,035 sq. ft.
•Code requires for 50% to be on-site
•100% provided on-site
•Mix of 1- and 2- bedrooms
•Our intent is to offer housing to our
employees first
83
APPEAL
84
85
ROOF SLOPES
•Appellant ignores that a deviation for roof slope was submitted and approved
by the PEC, which is allowed by the Lionshead Redevelopment Master Plan
•Original application was all flat green roofs (our focus on sustainability)
•Spent extensive time working with Staff and PEC on roof forms
•Revised application provided sloped roof forms with more limited area
devoted to flat green roofs
•Staff recommended approval and PEC voted to approve the roof slopes
86
ROOF FORMS
87
ARCHITECTURAL CHANGES
88
89
WINDOWS
•The Appellant misquotes Master Plan
•The Appellant uses the word “shall” but language of window provisions are “should,”
giving DRB or PEC discretion
•Language of LHMP more fully states: “Window walls should be designed in
proportion to their associated frontages, with windows at large retail centers or
hotels significantly larger than those found in smaller, more intimate shops.”
•No where does it state that upper windows must be smaller
•Appellant has misstated facts here
90
WINDOWS
•We are proposing variety of window treatments:
•Windows in stone have stone headers and sills
•Windows are inset in many locations, with decorative frames
•We continue to finalize design details as we work through DRB review process
•Window details are not usually reviewed by PEC
91
92
WEST FACADE
Page 8-21 states:
…Rhythm and order should be introduced to guide
the traveler through the streetscape, and offer an
enhanced sense of movement through Lionshead. To
reinforce this intent, street-level walls shall not
span more than 30 feet horizontally without
significantly varying at least 2 of the following 5
characteristics:
•Massing, Height, Material, Fenestration, or Color
When massing or height are varied, buildings with
street-level walls may vary material, fenestration,
or color to meet the 30-foot span requirement;
however, if massing or height are not varied within 30
feet, material, fenestration, and color must be varied.
•Appellant misquotes the LHMP
•The Evergreen meets requirements
at street-level as required by LHMP
•Also meets this provision on other
facades not regulated by this
section (non-street level facades)
•Variation only requires 2 of 5
elements and we have this on every
facade
•Staff recommended approval and
PEC voted to approve the western
facade
93
Street-Level
94
WEST FACADE
95
WEST FACADE
Graphic from LHMP shows
conceptually how building
massing will appear along
west facade
West Facade conceptual height and
massing of Evergreen (LHMP)
96
97
VERTICAL ASPECT
•Appellant’s statement is false and
incomplete
•LHMP requires 2 ft. off-set for every 35
ft. span of vertical wall plane
•Western facade has numerous breaks
in the facade
•Plan fully complies with this provision
•Staff recommended approval and PEC
voted to approve the vertical wall face
Lionshead Master Plan
98
MASSING & SCALE
99
100
ARCHITECTURE
•Appellant states: Architecture not alpine enough and not consistent with The HUB (Civic Center?)
•This is opinion from Appellant that PEC disagrees with
•Input from PEC, DRB, and neighbors was original design was too industrial
•Guidance for building to appear more residential
•Aim for “transitional” architecture that would be complementary to Vail Health and future Civic
Center’s “mountain modern” concepts
•PEC agreed proposal was in compliance with design guidelines
•Images of “Civic Center” show similar roof slopes and architectural forms
•Appellant is again rendering a false opinion
•Staff recommended approval and PEC voted to approve the architecture
101
TRANSITIONAL ARCHITECTURE
102
TRANSITIONAL ARCHITECTURE
103
CIVIC CENTER CONCEPT
104
105
MASSING, LOT COVERAGE & SETBACKS
•The Appellant statements are false
•Major revisions provided larger “step-backs” at upper levels, not reflected in comparison of
footprints
•The Evergreen was reduced/moved to comply with stream setback and therefore not
“identical”
•Building mass was reduced, especially on west and south facades, achieving more stepped
appearance
•Significant massing removed from building due to step-backs and step-downs
•Staff recommended approval and PEC voted to approve massing, site coverage, and setbacks
106
107
ELEVATIONS
•The Appellant’s statement is false
•Building elevations were updated for PEC and demonstrate accurately all facades
•No mechanical penthouses were removed
•In addition to elevations, full plans were provided to demonstrate building massing
•Staff recommended approval and PEC voted to approve the elevations
108
BEFORE
109
AFTER
110
BEFORE
111
AFTER
112
113
WALKWAY & RESTAURANTS
•The Appellant’s statement is inaccurate
•Section 5.19 discusses “opportunities” that exist for redevelopment of Evergreen
•Opportunities are not requirements
•Restaurants are not listed in the opportunities, just states that they exist today
•Based on input from PEC and neighbors, 1,850 sf bar / restaurant and 500 sf sundry shop/grab-and-go
added and approved by PEC
•Existing Ped Path: LHMP written to address two scenarios - if land exchange with Vail Health did or did
not occur
•Because land exchange did occur, proposed pedestrian path to be relocated per graphic in LHMP
•Staff recommended approval and PEC voted to approve programming with proposed commercial uses
114
LOBBY AMENITIES
Food and Beverage
Grab & Go Retail
1850 SF 500 SF
115
LHMP GRAPHIC - PEDESTRIAN ACCESS
116
117
ENVIRONMENTAL
•Appellant’s opinion not substantiated by any evidence and contrary to EIR and PEC’s approval
•Original submittal occurred prior to Town’s new stream setback requirements
•We adjusted building during review process to comply with new stream setback
Area of the building
that was pulled back
118
•Fully complies with Town Code for content:
•Addresses Hydrology (Stream Setback),
Atmospheric, Biotic, Soils, Geology, Noise,
Odors, Visual/Scenic Resources, Land Uses,
Population, Traffic, Sustainability, Shading,
Impervious Areas, Permitting
•Concludes that redevelopment has net
positive impacts
ENVIRONMENTAL IMPACT REPORT
119
ENVIRONMENTAL
Staff recommended approval and PEC voted to approve
with condition for Middle Creek:
PEC’s Condition #10:
•The applicant shall coordinate with the Town of Vail
and ERWSD on the planning and implementation of a
Middle Creek Stream Corridor Protection and
Improvement Plan.
•This plan will include the existing culverted area
(former US Highway 6 culvert) and shall be submitted
for review at time of DRB application.
•All elements of the DRB approved plan shall be the
financial responsibility of the applicant.
120
•Existing hardscape over 62,500 sq. ft. - surface
parking lots
•All surface parking removed:
•No untreated runoff to creek
•Proposed hardscape is less than 11,000 sq. ft.
HARDSCAPE
121
•Appellant states green roofs will contribute
pollution to Middle Creek - unsubstantiated
claim
•Green roofs help reduce pollutant runoff
from roofs through natural filtration
•Native plantings on roof eliminates need
for fertilization
•All site runoff treated prior to release into
Middle Creek
GREEN ROOFS
122
SUN/SHADE
123
PAGE
44
SOLAR STUDIES
SUMMER SOLSTICE - JUNE 21 - 10AM
EXISTING
PROPOSED
SOLAR STUDIES
SUMMER SOLSTICE - JUNE 21 - 2PM
EXISTING
PROPOSED
SUMMER SOLSTICE | JUNE 21
10AM 2PM
SOLAR STUDIESSummer Solstice - June 21
124
Fall & Spring Equinox - Sept 21
125
Winter Solstice - December 21
126
127
PARKING
•This is a false statement by the Appellant
•Parking requirements are contained in Town Code and not LHMP
•The Evergreen complies 100% with Chapter 12-10 of Town Code
•The Evergreen exceeds Town’s parking requirement by 24 parking spaces
•Staff recommended approval and PEC voted to approve parking
because it complies with Town Code
128
PARKING
PARKING ANALYSIS
Use Parking Requirement Number of Units or SF Spaces Required
Dwelling Unit 1.4 spaces per unit 109 152.6
Employee Housing Unit 1.4 spaces per unit 20 28
Eat & Drinking Establishment 1 space per 250 sf seating for
area
1500 6
Retail 2.3 spaces per 1,000 sq. ft.500 1.15
Parking Required:187.8
Mixed Use Credit of 2.5%4.7
Total Parking Requirement:183.1
Total Provided 208
129
130
EMPLOYEE HOUSING
•Appellant has provided no evidence to
substantiate employment needs of project
•Town’s inclusionary housing policies are not
based on number of employees
•Town’s commercial linkage policies mitigate for
20% of employees generated
•Project is not an SDD
•Staff recommended approval and PEC voted to
approve the employee housing plan because it
complies with Town Code
131
EMPLOYEE HOUSING
•Complies 100% with Town’s housing
requirements
•Total of 20 units / 14,035 sq. ft.
•Code requires for 50% to be on-site
•100% provided on-site
•Mix of 1- and 2- bedrooms
•Our intent is to offer housing to our
employees first
132
133
LIVE BEDS
•Appellant’s assertions are false
•Master Plan is clear at what constitutes “Live Beds”
•Applicant presented detailed data that clearly shows that condotels have higher
occupancy rates than hotels in this market
•Our consultant, Michael Verdone, with BBC Research prepared and presented this
evidence to PEC
•The Appellant was present at hearing when this was presented
•Staff recommended approval and PEC voted to approve programming with
proposed unit mix
134
LIVE BEDS
2.3.3 STRONGER ECONOMIC BASE THROUGH INCREASED LIVE BEDS
•In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote
improved occupancy rates and the creation of additional bed base (“live beds” or “warm beds”) through
new lodging products.
•Live beds and warm beds are best described as residential or lodging rooms or units that are designed for
occupancy by visitors, guests, individuals, or families on a short term rental basis.
•In order to improve occupancy rates and create additional bed base in Lionshead, applications for new
development and redevelopment projects which include a residential component shall provide live beds in
the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached
accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental
management program and available for short term rental.
•Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new
lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master
Plan Study Area
135
LIVE BEDS
4.13.1 LIVE BED DEFINITION
Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or
lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or
families, on a short term rental basis. A live bed may include the following residential products:
‣accommodation units,
‣fractional fee club units,
‣lodge dwelling units,
‣timeshare units,
‣attached accommodation units (i.e., lock-off units),
‣dwelling units which are included in a voluntary rental management program and available for short term rental.
136
LIVE BEDS
137
138
ACCESSWAY
•Appellants conclusions are inaccurate
•LHMP addresses land exchange as well as situation where exchange did not occur
•Language related to upgrading and maintaining existing easement applies to
circumstance of no land exchange
•Land exchange occurred in 2017
•LHMP shows walkway relocated with land exchange
•Portion of easement already eliminated on Vail Health with their redevelopment
•Same will occur with The Evergreen
•Staff recommended approval and PEC voted to approve public access way
139
•Figure 2 of LHMP acknowledges relocation
of pedestrian access between Evergreen &
Vail Health
•Graphic from the LHMP shows intended
path
PEDESTRIAN CONNECTIVITY
140
•Old easement will be partially
vacated and new easement
established
•Land exchange put in place all
easements necessary for new
path including easement
granted by Town across Lot 10
PEDESTRIAN CONNECTIVITY
Exchange Parcels
Lot 10 Easement
141
142
HELIPAD LOCATION
•Appellant’s claims are false and not substantiated by evidence
•Helipad location and impacts were determined years ago with
redevelopment of Vail Health
•Current Evergreen Lodge is 10 ft. from Vail Health
•At closest, proposed Evergreen 21 ft. from Vail Health
•Over 33 ft. away at area of Vail Health where helipad is
•New building will be constructed to current building and fire
codes - much safer than a building constructed almost 50 years
ago
•Staff recommended approval and PEC voted to approve
building location
10’
Vail Health Evergreen
143
HELIPAD LOCATION
•Evergreen and Vail Health agreed to land
exchange:
•Allowed for helipad location on Lot 2E-1
•Shifted Vail Health vehicular traffic to
Frontage Road
•Limited Evergreen building height based
on flight path
•Gave Evergreen ability to develop on Lot
F-1
Lot 2E-1
Lot F-1
144
CRITERIA FOR REVIEW
145
MAJOR EXTERIOR ALTERATION
Criteria for Review Staff Memo
The proposed exterior alteration or new development is in compliance with the purposes of
the Lionshead mixed use 1 district Complies
The proposal is consistent with applicable elements of the Lionshead redevelopment master
plan Complies
The proposal does not otherwise have a significant negative effect on the character of the
neighborhood Complies
The proposal substantially complies with other applicable elements of the Vail
comprehensive plan Complies
Mitigation of Development Impacts Complies
146
DESIGN DEVIATIONS
Criteria for Review Staff Memo
The request for design deviations are in compliance with the purposes of the zone district Complies
The proposal which includes the design deviations is consistent with applicable elements of
the Lionshead Redevelopment Master Plan Complies
The proposal which includes the design deviations does not have a significant negative effect
on the character of the neighborhood Complies
The proposal substantially complies with other applicable elements of the Vail comprehensive
plan Complies
The design deviation meets or exceeds the intent of the specific design standards as
prescribed in Section 8.4 Complies
A public benefit is achieved as a result of the design deviation Complies
The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5
and 8.2 of the Lionshead Redevelopment Master Plan.Complies
147
CONDITIONS OF APPROVAL
1.Approval of this project is contingent upon the applicant
obtaining Town of Vail design review approval for this
proposal including the express approval for the deviation
from the architectural guidelines.
2.Prior to the issuance of the first certificate of occupancy for
the project, the Applicant shall execute and record deed
restrictions, in a form approved by the Town Attorney, for the
on-site employee housing units (EHUs).
3.The applicant shall provide easements in a form and format
approved by Town of Vail legal staff for pedestrian access
through the site and at the NW corner adjacent to Middle
Creek for possible future path alignment.
4.The applicable Transportation Impact Fee shall be paid to
the Town of Vail by the applicant prior to issuance of any
building permit.
5.The applicant shall provide box truck turning movements on
the Frontage Road at time of DRB submittal.
6.The applicant shall place a note on the civil plan that “There
are no habitable areas below the 100 year Base Flood
Elevations”
7.The heated paver portion of the Frontage Road sidewalk
shall extend to the Loading and Delivery Driveway.
8.Prior to the issuance of any building permit, the applicant
shall provide the approved CDOT access permit.
9.The applicant shall work to explore sidewalk alternatives
during DRB review to collocate a portion of the walk on the
fire back up area.
10.The applicant shall coordinate with the Town of Vail and
ERWSD on the planning and implementation of a Middle
Creek Stream Corridor Protection and Improvement Plan.
This plan will include the existing culverted area (former US
Highway 6 culvert) and shall be submitted for review at time
of DRB application. All elements of the DRB approved plan
shall be the financial responsibility of the applicant.
11.The project shall obtain LEED certification v4.1 for Building
Design and Construction prior to issuance of a Certificate of
Occupancy. As this is a condition reliant on a third party,
failure to meet the timeliness of this condition shall not result
in the project’s return to the PEC.
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VOTE YES FOR THE EVERGREEN
OUR REQUEST
We request that you uphold the PEC’s approval of the project
based on the criteria and findings found in the staff report to
the PEC, the submittal materials provided by the Applicant,
and the evidence found in the record for the project.
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The End
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Jan. 3, 2022
Via email: towncouncil@vailgov.com and jspence@vailgov.com
Dear Planner Spence and Vail Town Council:
I am the owner of Vail Village Rentals and a Vail resident. I am asking you to uphold the Vail
Planning & Environmental Commission’s approvals of The Evergreen redevelopment.
I spoke at the final PEC meeting a few weeks ago and would like to reiterate my opinions to the
Vail Town Council.
This proposed design will attract the maximum number short-term rental customers and
residential buyers who are most likely to participate in a strong rental program.
It’s essential to emulate our most successful condo hotels, like the Four Seasons, Arrabelle, or
even at a lower price point, Simba Run. These buildings all have private condominium owners
who participate at a very high rate in short-term rental programs.
We need to stay away from multi-building or townhouse designs that attract a second
homeowner seeking a more private Vail experience, who is less likely to participate in a short-
term rental program. Designs such as Northwoods or Gore Creek Place Townhouses are
excellent properties that have very low participation in the short-term rental market.
I would also like to emphasize the growing need for newer residences. If we do not maximize
supply, then my company will be turning away customers, which will then have a trick-down
effect on our shops, restaurants, and entertainment venues.
As I mentioned, I attended the Nov. 14 PEC hearing and was very impressed with the changes
made to this much-needed project for our community in response to neighbor and commissioner
input. I also reviewed the BBC fiscal analysis and in my professional opinion, I agree that condo-
hotels do have higher occupancy rates and thus The Evergreen at 209 keys (up from 147) will
have a very positive impact on our local economy. I can also attest to the demand for this type of
product – families love the flexibility of a condo-hotel.
As someone who “sells” the Vail experience, redevelopment of our aging properties is very
important. Please don’t delay further the investment The Solaris Group wants to make.
Sincerely,
Ted Steers
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AGENDA ITEM NO. 6.2
Item Cover Page
DATE:January 3, 2023
TIME:5 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 25, Series of 2022, Second Reading, An Ordinance
Rezoning Lot 5 of the Middle Creek Subdivision, a Resubdivision
of Tract A, from Natural Area Preservation (NAP) to Housing (H);
Lot 4 of the Middle Creek Subdivision, a Resubdivision of Tract
A, from Natural Area Preservation (NAP) to General Use (GU),
and the Remainder of Tract A, Middle Creek Subdivision, a
Resubdivision of Tract A, From General Use (GU) to Natural Area
Preservation (NAP)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 25,
Series of 2022 upon second reading.
PRESENTER(S):Greg Roy, Senior Planner
STAFF RECOMMENDATION:The Planning and Environmental Commission held a public hearing
on the proposed Zone District Boundary Amendment on December
12, 2022, where a recommendation for approval was forwarded to the
Vail Town Council by a vote of 4-2-0 (Pratt and Perez opposed).
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ordinance No. 25 Staff Memorandum
Attachment A. Ordinance No. 25, Series of 2022.pdf
Attachment B. Proposed Zone District Boundary Amendment Map 12-13-22.pdf
Attachment C. Applicant Narrative 120122.pdf
Attachment D. PEC Minutes from Meeting on 12-12-2022.pdf
Attachment E. Staff Memorandum, PEC22-0019.pdf
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TO: Town Council
FROM: Community Development Department
DATE: January 3, 2023
SUBJECT: Second Reading of Ordinance No. 25, Series of 2022, an ordinance
rezoning lot 5, of the middle creek subdivision, a resubdivision of tract A
from natural area preservation (NAP) to the housing (H); lot 4 of the
middle creek subdivision, a resubdivision of tract A, from natural area
preservation (NAP) to the general use (GU) district, and the remainder of
tract A middle creek subdivision, a resubdivision of tract A, from general
use (GU) to the natural area preservation (NAP). PEC22-0019
Applicant: Town of Vail, represented by Community Development
Director Matt Gennett
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, represented by Community Development Director, Matt
Gennett, is requesting the Second Reading of Ordinance No. 25, Series of 2022, an
ordinance rezoning lot 5, of the middle creek subdivision, a resubdivision of tract A from
natural area preservation (NAP) to the housing (H); lot 4 of the middle creek
subdivision, a resubdivision of tract A, from natural area preservation (NAP) to the
general use (GU) district, and the remainder of tract A middle creek subdivision, a
resubdivision of tract A, from general use (GU) to the natural area preservation (NAP).
The Planning and Environmental Commission held a public hearing on the proposed
Zone District Boundary Amendment on December 12, 2022, where a recommendation
for approval was forwarded to the Vail Town Council by a vote of 4-2-0 (Pratt and Perez
opposed).
Town Council approved, on first reading, Ordinance No. 25, Series of 2022, at the
December 20th Town Council meeting.
Included with this memorandum is the following for review by the Town Council:
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Town of Vail Page 2
A. Ordinance No. 25, Series of 2022
B. Proposed Zone District Boundary Amendment Map 12-13-22
C. Applicant Narrative, 12-01-2022
D. PEC Minutes from Meeting on 12-12-2022
E. Staff Memorandum, PEC22-0019
II. ACTION REQUESTED OF TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 25, Series of 2022, upon second reading.
IIl. BACKGROUND
The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8,
Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts.
This rezoning was part of a larger rezoning that occurred after the passage of the 1994
Open Lands Plan adoption.
In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the
development of Middle Creek Housing and to create the site for the telecom tower. In
2020, a subdivision application was approved by the PEC to create Lot 3 as the site for
the Residences at Main Vail project.
lV. REVIEW CRITERIA
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission shall consider the following factors with respect to the
requested zone district boundary amendment:
Zone District Boundary Amendment Factors
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.
The proposed zone district amendment is supported by the Vail comprehensive
plan. One component of the comprehensive plan is the Land Use Plan. In the
plan, key goals are for additional growth within existing platted areas and areas
without high geologic hazards. The proposed amendment would be in a
subdivided tract and outside of any high-hazard areas. The plan also notes that
development on hillsides may be appropriate on a case-by-case basis and that
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the development should be low-density as visibility from the valley floor is a
consideration. When the plan refers to development on a hillside, the goal is to
limit low density residential at the ridgeline. The General Growth and
Development section of the plan notes that the development of Town-owned land
may be appropriate if not within the high hazard zones and if the development is
for a public purpose.
Staff finds that the proposed zone district amendment conforms to this 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 zone district boundary amendment reflects the existing and potential land
uses on the site and in the vicinity. Areas to be amended from General Use (GU)
to Natural Area Preservation (NAP) contain steep slopes on excess of 40% not
suitable for development.
Areas proposed to be rezoned to the Housing (H) District or General Use (GU)
designations are suitable for development consistent with allowable uses, being
free from high severity hazards and to a great extent slopes in excess of 40%.
Staff finds that the proposed zone district amendment conforms to this 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 presents a harmonious and workable
relationship between land uses consistent with municipal objectives. Uses
adjacent and in the vicinity include deed restricted housing and telecom facilities,
consistent with the allowable uses of the proposed zone districts and
contemplated development.
Staff finds that the proposed zone district amendment conforms to this 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.
The proposed zone district amendment provides for the orderly development of
the subject properties. The development standards of both the General Use and
Housing districts are prescribed by the PEC allowing tailor-made standards
reflective of the site and the intent of the development. The area along the
Frontage Road have been developed with public/semi-public and deed restricted
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Town of Vail Page 4
uses. Development contemplated in conjunction with the zone district
amendment serves the best interest of the community as demonstrated through
its conformity with the Vail Comprehensive Plan.
Staff finds that the proposed zone district amendment conforms to this 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.
The amendment does not have any direct impacts that are either adverse or
beneficial to the natural environment. In the proposed districts the development
standards are proscribed by the PEC, which will ensure all adverse impacts are
minimized to the extent feasible.
Staff finds that the proposed zone district amendment conforms to this criterion.
6. The extent to which the zone district amendment is consistent with the
purpose statement of the proposed zone district.
The proposed zone district amendment is consistent with the purpose statements
for the General Use and Housing districts. The Housing District Amendment and
the uses contemplated herein are consistent with purpose statement of the
district which is to “provide adequate sites for employee housing which, because of the
nature and characteristics of employee housing, cannot be adequately regulated by the
development standards prescribed for other residential zone districts. It is necessary in
this zone district to provide development standards specifically prescribed for each
development proposal or project to achieve the purposes prescribed in § 12-1-2 of this
title and to provide for the public welfare. Certain nonresidential uses are allowed as
conditional uses, which are intended to be incidental and secondary to the residential
uses of the district. The Housing District is intended to ensure that employee housing
permitted in the zone district is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air,
open spaces and other amenities appropriate to the allowed types of uses.”
The General Use amendment and uses contemplated (access and early
childhood education) are consistent with the stated purpose of the district which
is “to provide sites for public and quasi-public uses which, because of their special
characteristics, cannot be appropriately regulated by the development standards
prescribed for other zoning districts, and for which development standards especially
prescribed for each particular development proposal or project are necessary to achieve
the purposes prescribed in § 12-1-2 of this title and to provide for the public welfare. The
General Use District is intended to ensure that public buildings and grounds and certain
types of quasi-public uses permitted in the district are appropriately located and
designed to meet the needs of residents and visitors to Vail, to harmonize with
surrounding uses, and, in the case of buildings and other structures, to ensure adequate
light, air, open spaces, and other amenities appropriate to the permitted types of uses.”
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Town of Vail Page 5
Staff finds that the proposed zone district amendment conforms to this 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 property was zoned to its current designation in 1995 following adoption of
the1994 Open Lands Plan. At that time, site was largely vacant with the except of
the elementary school and Mountain Bell Tower. In the intervening years,
development including Middle Creek Housing, Residences at Main Vail and the
redevelopment of Solar Vail on the adjacent property to the west have altered the
character of the area. These physical changes coupled with the elements of the
Vail Comprehensive Plan adopted since 1995 demonstrate how conditions have
changed.
Staff finds that the proposed zone district amendment conforms to this criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
V. RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 25, Series of 2022, upon
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“I move to approve, on second reading, Ordinance No. 25, Series of 2022 an
ordinance rezoning lot 5, of the middle creek subdivision, a resubdivision of tract
A from natural area preservation (NAP) to the housing (H); lot 4 of the middle
creek subdivision, a resubdivision of tract A, from natural area preservation
(NAP) to the general use (GU) district, and the remainder of tract A middle creek
subdivision, a resubdivision of tract A, from general use (GU) to the natural area
preservation (NAP), and setting forth details in regard thereto”
Should the Town Council choose to approve Ordinance No. 25, Series of 2022,
the Planning and Environmental Commission recommends the Council makes
the following findings:
“Based upon the review of the criteria outline in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated December
12th, 2022, and the evidence and testimony presented, the Town Council finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
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2. That the amendment does further the general and specific purposes of the
zoning regulations; and
3. That the amendment does promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
Vl. ATT ACHMENTS
A. Ordinance No. 25, Series of 2022
B. Proposed Zone District Boundary Amendment Map 12-13-22
C. Applicant Narrative, 12-01-2022
D. PEC Minutes from Meeting on 12-12-2022
E. Staff Memorandum, PEC22-0019
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ORDINANCE NO. 25
SERIES OF 2022
AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL
AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE
MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A,
FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE
(GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE
(GU) TO NATURAL AREA PRESERVATION (NAP)
WHEREAS, Town of Vail (the "Applicant") owns the real property more particularly
described and depicted in Exhibit A, attached hereto and incorporated herein by this
reference (the "Property");
WHEREAS, on June 10, 2022, the Applicant filed an application to rezone the
Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4
from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract
A from General Use (GU) to Natural Area Preservation (NAP) (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on December 12, 2022, the Planning and Environmental Commission
(the “PEC”) held a properly-noticed public hearing on the Application, and recommended
that the Town Council approve Application; and
WHEREAS, on December 20, 2022, the Town Council held a properly-noticed
public hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the public,
and giving due consideration to the matter, finds and determines as follows:
a. The rezoning 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;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning promotes the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the Town in a
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manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation
(NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU);
and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP).
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 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 and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of December, 2022 and
a public hearing for second reading of this Ordinance set for the 3rd day of January, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of January, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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EXHIBIT A
Middle Creek Subdivision, A Resubdivision of Tract A
162
N FRONTAGE RD W
I 70 WestboundI 70 Eastbound
S FRONTAGE RD W
I
Subject Property
0 100 200 30050Feet
Z o n e D i s t r i c t A m e n d m e n t P r o p o s a lZone D i s t r i c t A m e n d m e n t P r o p o s a lMiddle C r e e k S u b d i v i s i o n - T r a c t AMiddle C r e e k S u b d i v i s i o n - T r a c t A
1 9 9 N o r t h F r o n t a g e R o a d W e s t199 N o r t h F r o n t a g e R o a d W e s t
Proposed parcels carvedfrom Tract A
(Lot 5)
(Lot 4)
N FRONTAGE RD W
I 70 WestboundI 70 Eastbound
S FRONTAGE RD W
This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly. Th e To wn of Va il does n ot wa rrant th e a ccu ra cy of the informatio n containe d herein.(whe re shown, parcel lin e w ork is ap pro ximate)
Last Modified: December 13, 2022
Proposed
Existing
Housing (H )Natural Area Preservation (NAP)General Use (GU)
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WEST MIDDLE CREEK
Applications for a Requested Land Use Plan
Amendment, Minor Subdivision & Rezoning
December 1, 2022
Applicant: Town of Vail
Represented by: Matt Gennett
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1
I. PURPOSE
The purpose of this document is to forward the request for approval of three development
applications intended to facilitate a future opportunity to develop 100% resident-occupied,
deed-restricted homes for Vail residents on the West Middle Creek Parcel.
The three development applications include:
• A request for a Vail Land Use Plan Amendment amending a portion of Tract A,
Middle Creek Subdivision from Open Space Designation to High Density
Residential Designation.
• A request for a minor subdivision establishing an amended final plat for Tract A,
Middle Creek, Subdivision, to create Lots 4 and 5, Middle Creek Subdivision.
• A request to rezone the new Lot 4, Middle Creek Subdivision, from the Natural
Area Preservation (NAP) zone district to the General Use (GU) zone district; and,
Lot 5, Middle Creek Subdivision, from the Natural Area Preservation (NAP) zone
district to the Housing (H) zone district.
II. BACKGROUND
The Vail Housing 2027 Strategic Plan was adopted on behalf of the Vail community by
the Vail Town Council in 2017. Adopted as a strategic plan, the plan emphasizes taking
strategic actions to maintain and sustain the community through the creation and support
of resident housing in Vail.
In adopting the Plan, a housing goal of acquiring 1,000 additional resident housing unit
deed restrictions by the year 2027 was established. The Plan acknowledged that
previously adopted housing policies, programs and practices have not yielded the desired
results. To realize desired results community leaders needed to change their approach
to housing policies, programs, and practices. More importantly, community leaders
needed to take proactive strategic actions without further delay to increase the supply of
resident housing in Vail. The three development applications referenced above are a
proactive strategic action by the Town of Vail in furtherance of achieving the Town’s
housing goal.
On December 15, 2020, the Vail Town Council directed staff to proceed with applications
necessary to facilitate a future opportunity to develop 100% resident-occupied, deed-
restricted homes for Vail residents on the West Middle Creek Parcel. The Vail Town
Council instructed the town staff to take the actions necessary to achieve the housing
goals stated in the 2018-2020 Council Action Plan and Vail Housing 2027 Strategic Plan.
Lots 4 and 5, Middle Creek Subdivision, will be smaller platted portions of the larger Tract
A, Middle Creek Subdivision. Tract A is owned by the Town of Vail. As the owner of Tract
A, the Vail Town Council, acting on behalf of the owner, is authorized to submit these
three applications for West Middle Creek Parcel.
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Tract A was purchased by the Town of Vail on July 1, 1993. Tract A was purchased with
the use of Real Estate Transfer Tax (RETT) funds. Upon purchase, and consistent with
the recommendations of the 1994 Comprehensive Open Lands Plan, Tract A was
rezoned from Agricultural and Open Space (AOS) to Natural Area Preservation (NAP),
via Ordinance No. 19, Series of 1995. While a separate matter outside the purview and
review criteria of the Town of Vail Planning & Environmental Commission, a legal opinion
has been provided acknowledging, that if the three development applications are
approved as submitted, the Town of Vail shall be required to reimburse the RETT fund
for the value of the West Middle Creek Parcel. Established Housing Mitigation funds are
the most likely source of funding to accomplish the required reimbursement.
On September 26, 2022, the PEC reviewed the subject applications and unanimously
voted to table them after giving direction to provide further information, including: an
Environmental Impact Report (EIR), steep slope analysis, and hazard maps. The
requested information is attached to the staff report.
III. SUMMARY OF THE APPLICATIONS
The following section of this document provides a written summary of the three
development applications. The development applications are summarized and listed in
the order of intended review. Title 12 of the Vail Town Code (VTC) requires the Town of
Vail Planning & Environmental Commission to review and act on each of the applications
even as the Land Use Plan Amendment and the Rezoning requests require additional
review and final action by the Vail Town Council.
I. Vail Land Use Plan Amendment Request:
The application package includes a proposal to amend the Future Land Use Map for a
portion of Tract A, Middle Creek Subdivision, to change the land use designation of the
proposed new Lot 4 from Open Space to Public/Semi-Public, and the designation of the
new Lot 5 from Open Space to High Density Residential. The portion of Tract A to be
amended is that area comprised of the proposed Lots 4 and 5 (see minor subdivision
request below). According to the Vail Land Use Plan, the proposed land use designation
of High Density Residential for Lot 5 is intended for multi-floor residences with a density
greater than 15 dwelling units per acre; and the proposed land use designation of
Public/Semi-Public includes schools. According to the adopted Future Land Use Plan, the
Middle Creek Village Apartment development site to the east of the proposed Lots 4 and
5 is designated High Density Residential, while the Solar Vail Apartment development
site to the west has a designation of Medium Density Residential. The land use plan
amendment request provides consistency and compatibility with adopted future land use
designations and is consistent with the municipal development objectives of the Town of
Vail.
The portion of Tract A to be amended from Open Space to Public/Semi-Public is limited
to the 1.672 acres of proposed Lot 4 and the 2.296 acres of the proposed Lot 5 from Open
Space to High Density Residential. The land use designation of the remainder of Tract A
is not proposed to be amended at this time. Based upon a West Middle Creek Site
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Feasibility Study funded by the Vail Town Council and completed by the Town of Vail
Community Development Department in 2017, it was determined that the area of the
proposed Lot 5 of Tract A is the most developable portion of Tract A based on site
suitability, vehicular accessibility, topography, natural vegetation, site orientation, steep
slopes, and adjacency to existing CDOT right of way.
Lastly, the Vail Land Use Plan Amendment request is in direct response to a growing
need to increase the supply of resident-occupied, deed-restricted homes in Vail as well
as the scarcity of vacant, town-owned land suitable for residential development. The
requested amendments further the Town’s housing goals, as stated in Council’s 2018-
2020 Action Plan and the Vail Housing 2027 Strategic Plan.
II. Minor Subdivision Request:
This Minor Subdivision application request proposes to subdivide Tract A, Middle Creek
Subdivision (17.2 acres) into three parcels: Tract A (13.257 acres), Lot 4 (1.672 acres)
and Lot 5 (2.296 acres). The sole purpose of this application is to subdivide portions of
Tract A to create a development lot to accommodate a future housing development and
a lot to enable access and provide a site for future early childhood learning.
The minor subdivision to create Lots 4 and Lot 5 have concurrently proposed zone district
boundary amendments to zone these two new lots to the General Use (GU) and Housing
(H) zone districts, respectively. Neither the General Use (GU) or Housing (H) zone
districts prescribe a minimum lot size requirement. For comparison, below are the
approximate lot sizes of other parcels in the Housing (H) District:
• Solar Vail – 43,600 SF
• Middle Creek – 200,520 SF
• Middle Creek Lot 3 – 90,150 SF
• Chamonix at Vail – 139,260 SF
• Booth Heights – 235,090 SF
Criteria for Review of a Minor Subdivision Application:
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;
As part of the General Growth/Development goals of The Vail Land Use Plan, the Town
is encouraged to grow in such a way as to maintain “a balance between residential,
commercial, and recreational uses”. The Minor Subdivision of the proposed Lot 4 and 5
parcels helps to improve upon this balance. Presently, there are more than 7,200 dwelling
units in the Town of Vail. Of the 7,200 dwelling units, approximately 950, or roughly 13%,
of the dwelling units are deed-restricted for resident occupancy. The Vail Town Council
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4
has adopted a goal of increasing the number of dwelling units in the Town of Vail
dedicated to resident occupancy to 1,700.
While the Vail Land Use Plan discourages the development of Town-owned lands where
high geological hazards may exist, this plan also states that “additional employee housing
needs should be accommodated at varied sites throughout the community”, which is what
this subdivision and new development lot aims to accomplish. Chapter 21, Hazard
Regulations, prescribes standards by which potential geologic hazards must be mitigated.
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;
The lot size and site dimensions for a property located within the Housing (H) District are
proposed by the applicant and set by the Planning & Environmental Commission. The
proposed lot sizes of Lots 4 and 5 are compatible with the size and dimensions of similar
lots presently located within the Housing (H) and General Use zone districts. Lots 4 and
5 are adequately sized for deed-restricted residential development, access, and early
childhood learning.
While Lots 4 and 5 are potentially impacted by geologic hazards and steep slopes as set
forth in Chapter 21, the lots are developable with required mitigation. Lots 4 and 5 comply
with the standards of Title 12 of the Vail Town Code.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Given the proximity to Middle Creek Village Apartments and the Solar Vail Apartments,
to the west, and I-70 along the southern property line, Lots 4 and 5 provide a harmonious,
convenient, and workable relationship among adjacent land uses and are consistent with
municipal development objectives. A longstanding development objective of the Town is
to provide for the development of residential properties intended for occupancy by year-
round Vail residents. This has been a community objective of the Town as far back as the
adoption of The Vail Plan in 1972. The proposed subdivision is consistent with municipal
objectives for the establishment of additional resident-occupied housing in the Town of
Vail.
4. The extent of the effects on the future development of the surrounding area;
The creation of Lots 4 and 5 will not have any negative effects on the future development
of the surrounding area. The area of Lots 4 and 5 is unique to the surrounding areas to
the north and west, as these new lots will contain the flattest portion of Tract A and avoid
any negative impacts to the riparian corridor and floodplain of Middle Creek. Other areas
of Tract A are not as feasible for development and access.
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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;
Lots 4 and 5 are adjacent to Lot 1 and Lot 2, Middle Creek Subdivision. Municipal
services and necessary utilities are immediately adjacent to the site. The creation of Lot
4 will result in a continuation of residential development along the North Frontage Road
and provide a future site for early childhood learning while not creating a “leapfrog” pattern
of development.
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;
Lots 4 and 5 are located within the identified service areas of Eagle River Water &
Sanitation District, Holy Cross Energy, and Excel Energy (water, sewer, electric, gas).
These new lots are centrally located within the municipal boundaries of the Town of Vail,
and therefore not outside the boundaries of any urban growth boundaries of the Town or
the utility services providers. Existing utility infrastructure and utility easements are
constructed and platted immediately adjacent to Lots 4 and 5. Subject to existing
franchise agreements, the availability of utility services within the Town of Vail is present.
A determination of utility sizing and level of service required will be made by the utility
providers at the time of the development application submittal. The size and level of
services required are based on the scope of development proposed. Development on
Lots 4 and 5 is not imminent and therefore an application for a development plan has not
been submitted.
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
The proposed subdivision provides for the growth of an orderly viable community since it
is centrally located in Town, within walking distance of the major employers, and provides
future residents with convenient access to public transit. There is no doubt this subdivision
request serves the best interests of the community. Based upon numerous community
surveys and local employer input, there is an increased need for additional resident-
occupied, deed-restricted homes for Vail residents.
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;
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The proposed minor subdivision is limited to the current total acreage of the existing area
of Tract A (17.2 acres). There would be no adverse impacts to water quality, air quality,
noise, vegetation, riparian corridors, hillsides, or other desirable natural features with the
approval of this subdivision request.
III. Rezoning Request:
The Town of Vail requests the PEC forward a recommendation of approval to the Vail
Town Council to rezone Lot 4, Middle Creek Subdivision from Natural Area Preservation
(NAP) to the Housing (H) zone district, Lot 5, Middle Creek Subdivision to the General
Use (GU) zone district, and the remaining portions of Tract A, Middle Creek Subdivision
currently zoned General Use (GU) to the Natural Area Preservation (NAP) zone district.
Prior to 1995, Tract A was zoned Agricultural and Open Space (AOS) District before it
was rezoned to Natural Area Preservation (NAP) District as a recommended action
consistent with the 1994 Comprehensive Open Lands Plan. Since the adoption of the
Comprehensive Open Lands Plan, the Vail Town Council has adopted the 2018 Update
to the Comprehensive Open Lands Plan and the Vail Housing 2027 Strategic Plan.
According to the 1994 Comprehensive Open Lands Plan, Tract A was identified for a
potential rezoning to the Natural Area Preservation (NAP) District due to the
environmental qualities of the Tract.
This application proposes to amend the zone district designations of Tract A, Middle
Creek Subdivision. Tract A is approximately 17.2 acres in size and currently has 12.73
acres zoned Natural Area Preservation (NAP) and 4.47 acres zoned General Use (GU).
The zone district boundaries in the area of Tract A do not follow the property lines and
the area zoned Natural Area Preservation (NAP) is bisected by the area zoned General
Use (GU) zone district. As requested, this application would rezone the 4.47 acres of
General Use (GU) to the Natural Area Preservation (NAP) zone district, rezone 1.672
acres of Lot 4 from the Natural Area Preservation (NAP) zone district to the General Use
(GU) zone district and rezone the 2.296 acres of Lot 5 from Natural Area Preservation
(NAP) to Housing. The proposed rezoning request will result in a net increase of .502
acres of land in Tract A zoned Natural Area Preservation (NAP).
The area of Tract A currently zoned General Use (GU) is primarily comprised of slopes
greater than 40%, with geologic hazards including medium severity rockfall and high
severity debris flow. According to the Vail Town Code, the General Use (GU) District
permits recreational uses such as bicycle and pedestrian paths, and passive outdoor
recreation, but also allows for conditional uses such as parking structures, public
buildings, and healthcare facilities.
Title 12, Zoning Regulations of the Vail Town Code prescribes the criteria and findings to
be evaluated by the Town of Vail Planning & Environmental Commission when forwarding
a recommendation for a zone district boundary amendment to the Vail Town Council. The
following section of the document highlights the criteria for review and includes a
response to the criteria by the applicant.
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Criteria and Findings for Review:
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission and Town Council shall consider the following factors
with respect to the requested zone district boundary amendment:
(1) The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the
town;
This criterion for the zone district amendment is met, provided the Planning &
Environmental Commission recommends approval of the Vail Land Use Plan
amendment, thereby amending the land use designation of Lot 4 from Open Space to
Public/Semi-Public and Lot 5 from Open Space to High Density Residential.
As part of the General Growth/Development goals of Vail Land Use Plan, the Town is
encouraged to grow in such a manner to maintain “a balance between residential,
commercial, and recreational uses”. The rezoning of Lot 4 from Natural Area Preservation
(NAP) to General Use (GU), the rezoning of Lot 5 from Natural Area Preservation (NAP)
to Housing (H), and the remainder of Tract A currently zoned General Use (GU) to Natural
Area Preservation (NAP) improves upon the balance between these uses. Presently,
there are more than 7,200 dwelling units in the Town of Vail. Of the 7,200 dwelling units,
approximately 950, or roughly 13%, of the dwelling units are deed-restricted for resident
occupancy. The Vail Town Council has adopted a goal of increasing the number of
dwelling units in the Town of Vail dedicated to resident occupancy to a total of 1,700 total
by the year 2027.
While the Land Use Plan discourages the development of Town-owned lands where high
geological hazards may exist, the Plan states that “additional employee housing needs
should be accommodated at varied sites throughout the community”. This zone district
boundary amendment achieves this objective. Further, Chapter 21, Hazard Regulations,
prescribes development standards by which potential geologic hazards must be mitigated
in order to support residential development.
(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 requested zone district amendment is consistent with existing and potential land uses
in the vicinity of the site. The easterly property line of Lot 5 is adjacent to the Middle Creek
Village Apartments development, which also has a land use designation of High Density
Residential and is zoned Housing (H) District, and the southerly property line is adjacent
to the I-70/North Frontage Road Right-of-Way. The property line of the Tract A parent
parcel is bordered on the west by the Solar Vail Apartments development which has a
land use designation of Medium Density Residential and is zoned Housing (H) District.
These existing and potential surrounding land uses are both compatible and suitable to
the proposed intended future use of Proposed Lot 4, Middle Creek Subdivision.
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The rezoning of the existing General Use (GU) portion of Tract A to Natural Area
Preservation (NAP) already has an underlying land use designation of Open Space, and
therefore, is well suited and compatible with this rezoning request. In addition, the
ownership and use of the property immediately to the north of the Tract A parcel is U.S.
Forest Service land which makes an appropriate neighboring use for the Natural Area
Preservation (NAP) zone district.
(3) The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives;
Lots 4 and 5 present a harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives. Given the location of Lot 5 in relation
to Middle Creek Village Apartments immediately to the east, Solar Vail Apartments to the
west, and I-70/North Frontage Road right of way along the southern property line, the
rezoning of Proposed Lot 4 to the Housing (H) District presents a harmonious, convenient,
and workable relationship among adjacent land uses and is consistent with municipal
development objectives. A longstanding development objective of the Town is to provide
for the development of residential properties intended for occupancy by year-round Vail
residents. This has been a development objective as far back as the adoption of The Vail
Plan in 1972. The rezoning of a portion of Tract A from General Use (GU) to Natural
Area Preservation (NAP) also presents a harmonious, convenient, and workable
relationship among land uses as the area is bordered to the north by U.S. Forest Service
property and to the east by Spraddle Creek open space. The proposed zone district
boundary amendment is consistent with municipal objectives for the establishment of
additional resident-occupied housing in the Town of Vail.
(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;
The proposed zone district amendment provides for the growth of an orderly, viable
community since Proposed Lot 4 is centrally located in Town, within walking distance of
major employers, and provides future residents with convenient access to public transit.
There is little doubt this rezoning request serves the best interests of the community as a
whole. Based upon numerous community surveys and local employer input, it is without
question that there is an increasing need for additional resident-occupied, deed-restricted
homes for Vail residents. Approval of this request for a zone district amendment will not
constitute spot zoning as it will result in a larger, contiguous area zoned Housing (H)
District by adjacency to the existing Middle Creek Village Apartments and the Solar Vail
Apartments and is supported explicitly by the Vail Land Use Plan. The rezoning of the
General Use (GU) District portion of Tract A, Middle Creek to Natural Area Preservation
(NAP) District expands areas of town-owned land within the Natural Area Preservation
(NAP) District, and as such, does not constitute spot zoning.
(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;
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The proposed zone district boundary amendment from Natural Area Preservation (NAP)
to General Use (GU) on Lot 4 is limited to 1.672 acres, and the area rezoned from Natural
Area Preservation (NAP) to Housing (H) is limited to the 2.296 acres of Lot 5. The
remaining 13.257 acres of Tract A is to be zoned to the Natural Area Preservation (NAP)
District with eligibility to become designated open space. To achieve a total of 13.257
acres of Tract A zoned Natural Area Preservation (NAP) District, the current portion zoned
General Use (GU) District will be rezoned to the Natural Area Preservation (NAP) District
as requested by this application. There would be no adverse impacts to water quality, air
quality, noise, vegetation, riparian corridors, hillsides, or other desirable natural features
with the approval of this zone district boundary request.
Proposed Lot 5 is an infill residential development opportunity to increase the supply of
resident-occupied, deed-restricted homes on town-owned land in Vail. Amending the
zone district to the Housing (H) District will not result in adverse impacts on the natural
environment any more so than any other development of an otherwise vacant parcel in
Vail. The most environmentally sensitive portion of Tract A is the riparian corridor along
the Middle Creek drainage. As proposed, the riparian corridor remains in the Natural Area
Preservation (NAP) District. Due to the extreme southern exposure of Tract A, the existing
vegetation in the area of Lots 4 and 5 is primarily a mix of sage, dryland grasses, and
mountain mahogany with a scattering of struggling lodgepole pine planted on the hillside
in 1994 by the Town of Vail. More than 13.257 acres of Tract A will remain covered with
the existing vegetation and undisturbed. Any future development on the hillside area of
Lots 4 and 5 shall be subject to the development standards adopted by the Town of Vail.
(6) The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district;
The purpose of the General Use (GU) zone district is stated in Section 12-6I-1 of the Vail
Town Code as:
“The General Use District is intended to provide sites for public and quasi-public
uses which, because of their special characteristics, cannot be appropriately
regulated by the development standards prescribed for other zoning districts, and
for which development standards especially prescribed for each particular
development proposal or project are necessary to achieve the purposes prescribed
in § 12-1-2 of this title and to provide for the public welfare. The General Use
District is intended to ensure that public buildings and grounds and certain types
of quasi-public uses permitted in the district are appropriately located and designed
to meet the needs of residents and visitors to Vail, to harmonize with surrounding
uses, and, in the case of buildings and other structures, to ensure adequate light,
air, open spaces, and other amenities appropriate to the permitted types of uses.”
The proposed zone district boundary amendment for Lot 4 is consistent with the purpose
of the General Use (GU) zone district and advances the development objectives and
specific purposes of the adopted Zoning Regulations of the Town of Vail, as stated in
Section 12-1-2 of the Vail Town Code.
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The purpose of the Housing (H) zone district is stated in Section 12-6I-1 of the Vail Town
Code as:
“The housing district is intended to provide adequate sites for employee housing
which, because of the nature and characteristics of employee housing, cannot be
adequately regulated by the development standards prescribed for other
residential zone districts. It is necessary in this zone district to provide development
standards specifically prescribed for each development proposal or project to
achieve the purposes prescribed in section 12-1-2 of this title and to provide for
the public welfare. Certain nonresidential uses are allowed as conditional uses,
which are intended to be incidental and secondary to the residential uses of the
district. The housing district is intended to ensure that employee housing permitted
in the zone district is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure adequate
light, air, open spaces, and other amenities appropriate to the allowed types of
uses.”
The proposed zone district boundary amendment for Lot 5 is consistent with the purpose
of the Housing (H) District and advances the development objectives and specific
purposes of the adopted Zoning Regulations of the Town of Vail, as stated in Section 12-
1-2 of the Vail Town Code.
The purpose of the Natural Area Preservation zone district is stated in Section 12-8C-1
of the Vail Town Code as:
“The natural area preservation district is designed to provide areas which, because
of their environmentally sensitive nature or natural beauty, shall be protected from
encroachment by any building or other improvement, other than those listed in
section 12-8C-2 of this article. The natural area preservation district is intended to
ensure that designated lands remain in their natural state, including reclaimed
areas, by protecting such areas from development and preserving open space.
The natural area preservation district includes lands having valuable wildlife
habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and
areas with significant environmental constraints. Protecting sensitive natural areas
is important for maintaining water quality and aquatic habitat, preserving wildlife
habitat, flood control, protecting view corridors, minimizing the risk from hazard
areas, and protecting the natural character of Vail which is so vital to the town's
tourist economy. The intent shall not preclude improvement of the natural
environment by the removal of noxious weeds, deadfall where necessary to protect
public safety or similar compatible improvements.”
The proposed zone district boundary amendment for the portion of Tract A currently
zoned General Use (GU) to the Natural Area Preservation (NAP) is consistent with this
purpose due to the preponderance of slopes greater than 40%. This proposed Natural
Area Preservation (NAP) zoning is buffered from the existing Mountain Bell Tower site
and the Middle Creek Village Apartments by existing setbacks.
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(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;
Conditions have changed significantly in the 25 years since Tract A was rezoned from the
Agricultural and Open Space (AOS) District to the Natural Area Preservation (NAP)
District. For nearly five decades, the lack of availability of housing has been an ongoing
concern of the Vail community. What began as a need to ensure safe and adequate
housing for a seasonal workforce, has grown into a region-wide deficit of more than 5,000
homes within the Valley. The lack of availability of housing remains one of the foremost
critical issues facing the Vail community as cited by respondents to community surveys.
As the Town of Vail has become more populated the demand for housing in the Town of
Vail has grown at a corresponding rate. The rate of development of free-market dwelling
units over the past four decades has far outpaced the rate of development of resident-
occupied, deed-restricted homes, causing a significant deficit within the Vail community.
The Vail Town Council has made housing a top priority in the 2018-2020 Action Plan and
the Vail Housing 2027 Strategic Plan. While the Vail Indeed program has proved
successful since its adoption, there is a recognized need to build new resident-occupied,
deed-restricted homes in the Town of Vail. The rezoning of Lot 4 provides a future
location for much needed early childhood learning and the rezoning of Lot 5 creates a
future land resource opportunity for the Town to pursue “catch-up” housing opportunities
on the site.
In the case of the portion of Tract A proposed to be rezoned to Natural Area Preservation
(NAP) District from the General Use (GU) District, the rezoning for this portion was
approved prior to the minor subdivision requesting the creation of the West Middle Creek
Parcel. At the time of the subdivision, both portions of Tract A were placed in the same
development lot. This rezoning reflects the decision to keep these portions of Tract A as
a single lot by unifying its zoning designation.
(8) Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
The scarcity of available land resources to meet the growing needs of early childhood
learning and resident-occupied, deed restricted housing has been an ongoing concern
for the Vail community. Simply stated, there is little to no land area remaining for these
much-needed community uses. New opportunities need to be created where practical,
appropriate and feasible. The newly created and rezoned Lots 4 and 5 are a practical
and appropriate location to create new opportunities for early childhood learning and
housing as demonstrated by the West Middle Creek Site Feasibility Study. Tract A is
town-owned and centrally located between the two commercial job core areas of Vail.
Developing new early childhood learning and housing opportunities for Vail’s workforce
conveniently located near places of employment and businesses is responsible
community development and land use planning. These two new lots meet a community
need and do so in an infill development location. It does not require sprawl or growth
outside of the established urban growth boundaries of the Town of Vail.
Amending the zoning for the new Lots 4 and 5 is good land use planning. By design, the
only allowed type of development in the Housing (H) District is resident-occupied, deed-
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restricted housing. If additional early childhood learning and housing are what the
community needs, and the location of new Lots 4 and 5 is practical and appropriate for,
then good land use planning dictates that applying the General Use (GU) and Housing
(H) zone districts to Tract A is a logical decision.
The Town missed numerous opportunities to address the early childhood learning and
housing needs during the past five decades. In many instances, the growth of free-market
dwelling units was prioritized and outpaced the development of early childhood learning
and local resident housing. The crucial need for these vital community uses exists and
more easily developed sites are already developed with other uses.
IV. Summary:
The obligation to demonstrate compliance with the prescribed development application
review criteria lies with the applicant. The Town of Vail Planning & Environmental
Commission’s role is to determine whether, based upon the review criteria and factors for
consideration, the applicant has met their compliance obligation.
The Town of Vail has provided a written response to the review criteria for the Vail Land
Use Plan amendment, the minor subdivision application, and the rezoning request for the
Commission’s consideration. In doing so, the relevant information has been provided
which supports a recommendation of approval of each of the development applications
from the Planning & Environmental Commission to the Vail Town Council. The applicant
has shown that each of the applications complies with the applicable criteria and serves
to advance the Town’s municipal objectives and development goals. As proposed, the
applications will result in future development which is not only compatible with
surrounding uses and existing development, but does so in a location that has been
considered feasible for residential development. Most importantly, it has been
demonstrated that there remains a critical need for land within the Town of Vail to be
rezoned and repurposed for early childhood learning and local resident housing.
Identifying community needs and creating future opportunities to fulfill those needs
demonstrates responsible land use planning.
Exhibits:
1. Land Use Plan Amendment Map
2. Minor Subdivision Plat
3. Rezoning Map
(EIR, Steep Slopes and Geohazard maps attached to staff report)
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Present:Bobby Lipnick
Karen Perez
Henry Pratt
Bill Jensen
Reid Phillips
Brian Judge
Absent:John Rediker
1.Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2.Call to Order
3.Worksession
4.Main Agenda
Planner: Greg Roy
Applicant Name: Town of Vail, represented by SE Group
4.1
PEC22-0016 - A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend portions of Title 12, Zoning Regulations and Title 14, Development
Standards, Vail Town Code to create the West Vail Multiple Family 1 (WVMF1) and West
Vail Multiple Family 2 (WVMF 2) Zone Districts and setting forth details in regard thereto.
Items 4.1 and 4.2 are heard concurrently.
Planner Roy gives a presentation to introduce the history of the Master Plan. Ellie Wachtel with SE
Group follows up with specific info and goals regarding the Master Plan process. The PEC meetings
started back in June, this is 6th meeting at the last meeting there was a 3-3 vote with no
recommendation. Staff revised language regarding density and interior conversions. Roy notes a
proposed condition that legal should look at Sections 12-6L and 12-6K before going to council.
Phillips says clarification is needed on legal language.
Perez says that gives her caution, there has been a month and a half to figure out the language and the
Planning and Environmental Commission Minutes
Monday, December 12, 2022
1:00 PM
Vail Town Council Chambers
Staff Memorandum PEC22-0016 12-12-22.pdf
Attachment A. 14-8-1 Site Development Standards Table Amendments.pdf
Attachment B. Public Comment - Aasland - 8-11-22.pdf
Attachment C. Public Comment - Gadberry 8-1-22.pdf
Attachment D. Public Comment - Bergey 11-22-22.pdf
Attachment E. Public Comment - Bernstein 12-8-22.pdf
Attachment F. Public Comment - Bergey 12-8-22.pdf
Attachment G. Public Comment - Gadberry 11-28-22.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 177
commission needs the language to make decision. Every word counts.
Jensen seconds that thought.
Judge asks why are we not approving the map? He personally missed the conversation and has
questions relating to the zoning map. He asks how the lines were decided and why certain properties
were excluded. The letters of concern from public are concerning to him. He would like to understand the
philosophy of why some were excluded or included.
Roy says characteristics lend themselves to the product of the development and was a process.
Judge sites a case shared driveways and is concerned about larger development along access into the
site.
Wachtel says it was looked at parcel by parcel. The map started with more properties included. There
was a focus on properties that already had multi-family.
Judge says he is concerned about spot zoning without consistent metrics applied.
Pratt says last meeting we talked about the cases where there was a single family or duplex that did not
want to be involved in deed restriction. He does not see that in the minimum density language. If a
single-family or duplex redevelops, do they need to be deed restricted?
Phillips says two or fewer units do not need to have deed restricted requirements upon redevelopment
per last meeting.
Planner Roy noted this to change in the amendment.
Perez adds that this language is not in the memo nor the amendment. It needs to be included to move
ahead.
Perez asks for public comment.
Sue Gadberry is a West Vail resident. She hands out a letter to commission members. Half of existing
units in her complex are deed restricted. All units are occupied by local residents, except one lives part
time in retirement in another state. She states that deed restriction requirements his will make a
difference to our community. She is concerned about upgrading the current building to meet the
requirements of new regulations that would be in place if a fire were to destroy the property. What is the
benefit from existing deed restricted units? In order to deed restrict more units, locals would need to
come up with more money. Would the Town pay for that? Typically, the Town would give money to give
restrictions on property. That is not true here. The owners would have to pay for this deed restriction and
pay to redevelop. These units would now also be Ggandfathered rebuild which reduces the size of units.
Could couples or families still reside if unit sizes shrink? Could there be a credit for existing deed
restrictions? Would housing still be suitable for people working in the community?
Benji Gadberry lives in the neighborhood. He says local workers live in the building and are concerned
about way the proposed zoning is looking at redevelopment. Redevelopment may be only option if
building burns down, it won't meet requirements by new standards if just rebuilt as-is. He acknowledges
the difficulty in the planner role in the housing crisis. He asks commission to slow down the process to
see how the changes will impact the working locals.
Angela Overy owns three units in 2039 Chamonix Lane. They are full time rental units with long term
tenants. She listens to other locals mention fire and rebuilding and it sounds horrific. If she had a fire at
her building, she would rebuild to increase the number of units as it would be practical for people of the
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 178
valley (more units to rent). However, the numbers for her don't work financially right now, as she likes to
keep it at affordable rental space for locals. Her property is doing good at the moment, but she would like
ideas from the town.
Kathy Langenwalter lives on Arosa Drive. Her property is not affected by the change, but neighbor is.
She says buildable is the important word. Was on the planning commission when EHUs and Buildable
area were codified. Here, we are opening up issues of spot zoning; ability to make building site livable,
should not include excessive slope in calcs. She says buildable area is deleted in this document, it
should not be the total lot area. Multifamily GRFA and lot size should be based on buildable area. She
references the appropriate types of EHUs for the area. She asks about the reduction in parking? Why
would we do that - its a mistake. The setbacks were changed from 20 feet to 15 feet. Multifamily has
larger bulk which is the reason for larger setbacks for air and space. She has many concerns there. The
WVMF2 proposal is more palatable in the main area, but it still is spot zoning and not consistent with the
mapping. The neighborhood already has consistency, but why can't we come up with a redevelopment
process? The document is very advantageous to redevelopment by a developer, butnot for a local. She
would hate to see this turn into a place where you can't live as a resident and local.
Greg Gadberry is full time resident at Vail Hieghts. The Master Plan provides detailed goals and
strategies to preserve what is popular about West Vail. The policies seem responsive to helping local
property owners. But the zoning proposes strict limits on the number of units per acre. If we lose our
building to fire, we will have to reconfigure deed restriction numbers. Where are the incentives for
existing property owners of "old west Vail"?
Siri Roman lives on Alpine Drive. She is trying to understand the impacts; the beauty of west Vail is that
it is an eclectic neighborhood, where the locals live. She wonders if the area will be gentrified with larger
developers moving in? What will fabric of the neighborhood look like once developers move in? It's
affordable, charming; she wants to learn more about the real intent of development.
Jack Bergey lives in the neighborhood. He asks if it's a current duplex, can you build a duplex back and
not deed restrict? The new proposed plan doesn't address development on lots under 10,000 sf. We all
want to preserve locals housing everyone wants the same thing? The Master Plan wants to make units
conforming and replace aging units - who is going to help the locals financially? It seems as if there is a
huge penalty if locals try to develop their properties further. GRFA is cheapest square footage you can
build; the site coverage and setbacks are worthless with the restrictive GRFA. He appreciates the hard
work around this though despite his concerns.
Bob Armour lives on Arosa Drive. He acknowledges Judge's assessment of spot zoning. He says he
doesn't think with good conscience that the PEC can forward this to Town Council without the legal
wording.
Julie Overy manages properties for her mother, who provides rental units to locals. They recently had an
assessment done on the property; the only way to make money is to redevelop with less units. However,
this takes away from the goal of helping locals. There are a lot of unintended consequences in the plan
and it favors developer-driven redevelopments. It appearsthat independent, small-scale development will
be nearly impossible under plan. She is wondering if the overall character of the neighborhood will
change. There needs to be increases in GRFA adjusted parking, and a re-look at EHUs. In terms of
deed restrictions, she is asking the Town to "give us a carrot to add additional units".
Jacquelyn Deveric lives on Alpine Dr.. She wrote letter and her brother will pass out letter. The letter will
be part of official record. She appreciates the work involved with the Master Plan, although she has
concerns about the plan especially regarding the WVMF2 area. The current zoning exists for a reason.
What is proposed turns a part of the neighborhood into a Denver suburb apartment-style development.
Blanket change is not an appropriate response. Property owners knew what zoning was when they
bought it and are asking that the Town doesn't change the rules after many decades. Redevelopment is
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 179
only advantageous for a large developer. But for the rest of us, it forces us to take huge cuts to our
property values, forced deed restrictions and a change in lifestyle. This plan is not enough. We shouldn't
make change hastily to the neighborhood.
Perez asks for commissioner comment.
Jensen thanks everyone for all of the public comment which is very valuable. We do have a housing
crisis. I'm sure the plan evolved to help solve this. I don't see this plan as attractive to a large developer.
The map doesn't work to their benefit. The potential largest developer down the road is most likely the
Town of Vail. However, the plan doesn't feel well thought out at this point. What happens with one owner
of multiple properties? It does make sense in case of fire to help add units to help enhance properties if
insurance in involved.
Phillips says this plan is trying to help a larger problem. There is not an option to maintain the current
housing inventory with existing zoning without changes to the zoning. Maintaining units, not taking away
units is the goal and is critical to local workforce. Regarding parking utilizing public transit is the goal of
this plan and reducing single car driving. By reducing parking demand, we encourage public mobility
option. Site coverage is a concern; the plan is trying to increase the amount to allow space concern,
trying to give that "carrot" for both developer and local owners. The current zoning is not working and
needs to updated. This plan is not perfect, it is a work in progress. Given the fabric of community, blanket
zoning doesn't work. There is a need to look at each property, trying to find properties that just don't
work. The PEC understands the importance of this neighborhood and we are trying to support employee
and affordable housing. We will continue to work on this.
Judge echoes his previous colleagues. He sympathizes with public comment. The plan is trying not to
become an incentive for outside developers and is trying not to blanket zone. He has concerns about
setbacks and site coverage today, but not necessarily concerned about WVMF2. He is wondering why
these properties are not included in the zoning study: 2328 Garmisch. 238 Garmich townhomes, 2239
Chamonix ( Capstone townhomes (1817 Meadow), 1895 Meadow, Meadow and Buffehr Creek. In
regards to the fire and rebuilding conversations, he knows that Town will work with residents on
rebuilding in an appropriate time frame and to best meet the needs of the owners. He stresses that we
need to properly zone this part of Vail.
Pratt says he encourages the public to go to Council with their opinions and concerns. He notes that this
has been a difficult process, particularly with the spot zoning. Basically, we took out ones that didn't meet
the zoning requirements, which could be spot zoning. He disagreed about parking, as it is considered an
incentive to those who are redeveloping to give more GRFA. Maybe use increased height, lot coverage,
etc. to act as incentive. Pratt recognizes that this is an imperfect document. However, this is all currently
zoned as primary/secondary residential and we are trying to make it easier for residents to rebuild. EHUs
do represent a reduced value vs regular residential units. To rebuild, owners do not need to decrease
size of units to accommodate new requirements, this is false information.
Lipnick thanks everyone for your comments. This is a difficult process and has been throughout this
year. It is an imperfect process and we are not ready to vote on it. The exception raised at last meeting
has not been included (single family / deed restrictions) and he is concerned about spot zoning. The
importance of the character of existing neighborhoods is extremely important. Employee housing is ideal
in existing neighborhoods. There is a balancing act between getting the right residential, commercial and
recreational needs; there is no perfect solution. He hears the concerns from the residents: traffic,
population, safety and that it is not what you bought into years ago. However, we must remain flexible in
responding to the needs of the community. We need to come up with the best recommendation possible
but be consistent with Vail housing plan, West Vail master plan, Vail comprehensive plan and the need
for workforce and locals housing.
Perez thanks everyone again for coming out. The more input we can get, the better. We need to change
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 180
the properties into conformance - change is necessary. We can do better, although there is no perfect
solution. We need legal language about the number of legal units before we can move forward. There is
no exception for the two units (re: from last meeting) regarding deed restriction. EHU 3 and 4 needs to
change, especially if EHU 3 is not possible. In terms of parking, west Vail has more bus lines than
anywhere, and the area encourages mobility changes. Currently, it is a mosaic of zoning, so we are
doing our best. We still don't have a two year rebuild policy after a calamity situation - one year doesn't
work with insurance and permits, etc. We definitely need to see the legal language before making a
decision. We also need to see examples. Perez would offer legal expertise to help town attorney to get
this moving forward with council and to get this topic off of commissioner's plate.
Perez asks would the applicant like to table or vote?
Roy asks for a Tabling for the January 9th PEC meeting date. He says we will address issues and study
properties that came up as noted by Judge on zoning map.
Perez says to get the legal language; and specifically give updates on legal language regarding density
as soon as possible well before meeting date for commission to review.
Phillips says we need to provide direct case studies on specific residences including over maximum
density cases. What are the effects of new zoning on some of these properties? What penalties or
advantages are there if they rebuild as-is? .
Roy says we can do that, especially with units, unit count, GRFA, and site coverage. We can provide a
full breakdown of what's existing and what is possible.
Pratt says if language for minimum unit count is existing, could more of the zone district be applied and
avoid spot zoning? It's possible that what's there would be allowed.
Phillips says no net loss of units has been a conversation for quite some time.
Judge says if the district could be larger then it may avoid the concerns about the zoning brought up
today.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by SE Group
4.2 PEC22-0029 - 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 establish the boundaries of the West Vail Multiple Family 1 (WVMF1) and
West Vail Multiple Family 2 (WVMF2) zone districts and setting forth details in
regard thereto.
4.3 PEC22-0018 - A request for a recommendation to the Vail Town Council for a review of a
Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail
Henry Pratt made a motion to Table to January 9, 2023; Reid Phillips seconded the motion Passed (6
- 0).
Staff Memorandum PEC22-0029 12-12-22.pdf
Attachment A. Zone District Amendment Proposal.pdf
Henry Pratt made a motion to Table to January 9, 2023; Reid Phillips seconded the motion Passed (6
- 0).
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 181
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
Land Use Plan, to change the designation of the portions of Tract A Middle Creek
Subdivision from Open Space to Public/Semi-Public and High Density Residential and
setting forth details in regard thereto.
Items 4.3 - 4.5 will be heard concurrently.
Planner Roy gives a history of the items. At the last meeting, the PEC requested the hazard and slope
maps and the environmental impact report (EIR). He gives a history of the property. He gives a summary
of the requests, and the requests are order specific. He shows maps of the vicinity and the proposal. He
walks through the hazard and steep slope maps. He summarizes the findings of the EIR report, there
were not excessive concerns beyond those of normal redevelopment.
Pratt asks when the RETT funds were used to purchase the property.
Roy says he will have to double - check.
Community Development Director Matt Gennett confirms it was purchased from Vail Resorts using RETT
funds.
Lipnick asks for clarifications of the lots in the area.
Roy walks through the vicinity map.
Roy talks about the map for excessive slope.
Judge asks how many units are in Middle Creek.
Roy says he would have to check.
Perez says once a property is zoned open space it is next to impossible to overturn that. She asks for
clarification.
Roy talks about the difference between zoned Open Space and Designated Open Space.
Phillips asks about the percentage of the swap related to the zone district amendment.
Gennett believes there is a net increase in Natural Area Preservation.
Matt Gennett is representing the applicant. He gives a summary of the requests. He walks through the
maps and indicates that none of these proposals is in a high hazard area.
Lipnick asks how the hazard risk compares to Middle Creek and Residence at Main Vail.
Gennett says it is similar. Both sites had similar hazards, and a variance was granted for portions of
Staff Memorandum - WMC - LU Amend 12-12-22 .pdf
Attachment A. West Middle Creek - Applicant Narrative 120822.pdf
Attachment B. Proposed Land Use Amendment Map.pdf
Attachment C. Hazards and Slope Maps.pdf
Attachment D. EIR Summary.pdf
Attachment E. West Middle Creek EIR - Terracon - 12-9-22.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 182
Residences at Main Vail related to slope.
Gennett says one of the goals is to provide a location for early childcare. The current site for the
Children's Garden of Learning is a temporary location. He addresses the criteria for each item. There is
no development plan at this point but it would come back before the PEC at that time. The goal is to run
this in conjunction with Timber Ridge so they can accommodate as many people as possible that may be
temporarily relocated due to redevelopment.
Perez says the plat has a reference to a 2020 title commitment, but the 2020 title commitment was not
received. She thinks the concept is fine, but the plat does not meet all the standards. She asks for an
updated one and referencing the correct one on the plat.
Phillips suggests attaching that as a condition of approval.
Gennett says staff will address Perez's concerns, it could be a condition of approval.
Jensen asks for clarification on the lots.
Gennett says the intent of Lot 4 is access and childcare facility, and Lot 5 the intent is to create housing
there. Most of Lot 5 is not in the 40% or greater slope are, so the majority of the development if not all of
it would be in area less than 40% grade.
Jensen clarifies that the western lot will be for housing and the eastern lot would be childcare and
access.
Roy clarifies that the best route of access is still being determined and will be included at the
development plan.
Gennett says there are conversations with CDOT regarding some of the right of way area next to the
frontage road. If an agreement was reached they would amend the proposal. When the development
plan is presented it would address all criteria.
Judge asks about the criteria in the Housing zone district.
Gennett says the PEC would be making the final determination on the development plan.
Judge asks if the density would be similar to Middle Creek?
Gennett says only preliminary feasibility studies have been done, they haven't got as far specific density.
Judge asks about Lot 4 and if the access has been studied.
Gennett says they have worked in conjunction with the Town Engineer regarding potential access.
Judge says he questions why this process takes place without a conceptual development plan. He
suggests the Town take a look at that process.
Gennett confirms.
Perez asks for public comment. There is none.
Lipnick says the three requests meet the review criteria and supports the proposal.
Pratt says the original zoning plan was not in error. The need for early childcare was self-imposed by the
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 183
town, it's now proposed on a steep slope. This property was purchased with RETT funds, the Town is
now reneging on that process. There are other options, and this is an incredibly difficult site.
Judge says the applicants have answered the questions. This is a confined jurisdiction, and he has
questions about construction on steep slopes. It may be expensive for the Town to create proper access;
he wouldn't support childcare on Lot 4 as he understands it today.
Phillips thanks staff for providing the requested information. He says we have to be fairly creative to
resolve the current housing crisis. With current construction technology they might be able to solve the
steep slope areas. He wants to continue to be innovative in looking for land options for housing.
Jensen says this area is appropriate for affordable housing development. He wants to ensure that Lot 4
will be safe in regards to the proposed use when it gets to that point.
Perez agrees it may not be the best place for a children's center. She suggests more lighting and safer
crossing underneath I-70, particularly for pedestrians. She will vote against it because she doesn't think a
condition addresses her concerns regarding the submittal requirements. She thanks staff for their efforts.
She says we want to move this along but need to do this in the proper way.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
4.4 PEC22-0020 - A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for a subdivision to create new parcels, Lot
4 and Lot 5 Amended Final Plat Middle Creek Subdivision, a Resubdivision of Tract A, and
setting forth details in regard thereto.
Discussion continues on Item 4.4
Judge asks about more information regarding RETT funds. What did it say in 1974 regarding use for
open space?
Pratt says the money is intended for the purchase of open space, has been amended to include Housing
sites.
Judge says there should be a condition.
Perez says her hang-up is that she can't say it meets the criteria because of the title submission.
Phillips asks if a 2020 Title Commitment is present.
Reid Phillips made a motion to Recommend for approval with the findings in the staff memo; Bill Jensen
seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Staff memorandum - WMC - Minor Sub 12-12-22.pdf
Attachment A. Proposed Final Plat 10-26-22.pdf
Attachment B. West Middle Creek - Applicant Narrative 120822.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 184
Gennett confirms it can be forwarded to the commissioners.
Gennett confirms the RETT fund will be reimbursed commensurately to the value in the same manner as
was done for the other lots in the subdivision.
Planner: Greg Roy
Applicant Name: Town of Vail, represented by Matt Gennett
4.5 PEC22-0019 - 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 the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing, and setting forth details in regard thereto.
Discussion continues on Item 4.5
Judge says he has reservations about the slope related to GU Lot 5.
Roy says it will be back before the PEC.
Jensen says it is a Town project, but we have to hold everybody accountable to the same level.
Phillips and Perez talk about the requirements for title commitments.
5.Approval of Minutes
5.1 PEC Results 11-14-22
6.Information Update
6.1 EV Readiness Plan Update
Reid Phillips made a motion to Approve with the findings in the staff memo and the following conditions
1. The applicant shall provide an updated title report to Staff
2. The RETT fund will be reimbursed in the same manner as was done for the other lots in the
subdivision.
; Brian Judge seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Staff Memorandum - WMC - Rezoning 12-12-22.pdf
Attachment A. Applicant Narrative 120822.pdf
Attachment B. Zone District Amendment Proposal.pdf
Reid Phillips made a motion to Recommend for approval with the findings in the staff memo; Bobby
Lipnick seconded the motion Passed (4 - 2).
Voting For: Bill Jensen, Bobby Lipnick, Reid Phillips, Brian Judge
Voting Against: Karen Perez, Henry Pratt
Bobby Lipnick made a motion to Approve ; Bill Jensen seconded the motion Passed (6 - 0).
PEC Results 11-14-22.pdf
EV Readiness Plan Memo 12-12-2022.pdf
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 185
An update is provided by Cameron Millard (Energy Efficiency Coordinator), Beth Markham
(Environmental Sustainability Coordinator), and Chris Southwick (Mobility Innovation Coordinator). They
give a presentation on the progress of the plan. Millard talks about the stakeholder input process. He
talks about the electric vehicle (EV) charging infrastructure in town and strategies for increasing EV
charging infrastructure.
Perez asks about the associated costs and where these will be located. She is concerned about the
equity issue, who are these being catered to. She is for the environment but the costs of the proposal
give her pause. She says more bus service may be a better solution.
Millard says the plan addresses bussing and other mobility solutions. The single occupancy vehicle
(SOV) is the last resort and other modes should be encouraged. But if it is an SOV trip, electric is
preferred. This is not trying to be a transportation master plan, it's looking at the adoption of EV to meet
climate goals in a fair and equitable way.
Markham says the the plan will look at what the policy strategies should be. Millard and Markham
discuss possible fee strategies.
Judge agrees that the infrastructure backbone needs to be put in place. The management and fee
strategy will need to be examined. He suggests working with Town-owned redevelopment projects.
Jensen encourages looking at how they can grow 100% a year instead of 50%. He suggests adopting
pay to play principles. He encourages being bold to meet the increasing demand.
Perez says there is a big barrier to entry which hopefully will be reduced moving forward.
Millard talks about the current use in Vail.
Phillips asks about the costs of the utilities provided to Level 2 chargers. He knows Vail Fire has
significant concerns about EV chargers, which is shared by some neighboring communities. It is a
significant concern and he wants to make sure safety concerns are addressed with the infrastructure
implementation. We need to provide these parking spaces but it can be difficult to rationalize rising
parking costs while there is free electric charging.
Southwick says it is a evolving field and they will have to consider best practices moving forward.
Phillips and Jensen discuss potential strategies.
Markham says this was born out of the GOEV city resolution that the Town adopted in the fall of 2021.
Pratt suggests emphasizing the fast chargers more; they maybe shouldn't be inside the parking the
structure, but rather in the short term parking spots. The Level Two chargers will be less desirable
moving forward compared to the fast chargers.
Southwick talks about the Town-owned fleet of vehicles. The technology is changing rapidly so the
targets might change as they are revisited moving forward. He walks through fleet transition strategies.
Judge asks about the cost, longevity, maintenance of an electric bus in related to combustion.
Southwick runs through the up front costs, and other costs like batteries.
Pratt says the longer term goals past 2030 may need to be revised given emerging technologies like
hydrogen powered vehicles.
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 186
Millard talks about EV readiness policies and strategies.
Judge says personal transportation will change significantly over the next decades.
Lipnick says the county is looking at Zipcars, is the Town also looking at these.
Markham says that's a good segway into the community EV readiness goals and strategies. There is an
equity lens for all the strategies including decreasing the barriers for adoption.
Pratt asks if fleet pricing can be leveraged for the general population of Vail.
Markham says that could be an opportunity to look at.
Jensen suggests looking at taxes for leasing EVs.
Markham addresses micro-mobility goals.
Judge says this is also a growing field that it's good to get ahead of, the interface will be important.
Pratt says you could consider gearing down some of the eBikes for safety concerns.
Markham says that is incorporated in the ebike share program.
Phillips suggests the implementation of more solar on Town facilities on the sustainability side.
Millard says its on the radar, the utilities don't necessarily want more PV unless it comes with storage,
which is a key component.
7.Adjournment
(Perez absent)
Reid Phillips made a motion to Adjourn ; Bobby Lipnick seconded the motion Passed (5 - 0).
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Planning and Environmental Commission Meeting Minutes of December 12, 2022 187
1
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 12, 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 the portions of Tract A Middle
Creek Subdivision from Natural Area Preservation to General Use and
Housing, and setting forth details in regard thereto. PEC22-0019
Applicant: Town of Vail, represented by Community Development Director
Matt Gennett
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, represented by Community Development Director, Matt
Gennett, 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, for
the rezoning of the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing.
Based upon Staff’s review of the criteria outlined in Section Vl of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council.
II. DESCRIPTION OF REQUEST
The applicant is proposing to rezone portions of Tract A Middle Creek Subdivision from
Natural Area Preservation to General Use and Housing. Portions of the Middle Creek
Subdivision are developed, consisting of Middle Creek Housing, Residences at Main
Vail, and the Mountain Bell tower. Lots 4 and 5 being proposed for rezoning are not
developed and currently sit vacant.
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Town of Vail Page 2
The map below shows the existing and proposed zoning.
The following are included with this memorandum as attachments for review by the
commission:
A. Applicant Narrative, 12-8-2022
B. Zone District Amendment Proposal
II. BACKGROUND
The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8,
Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts.
This rezoning was part of a larger rezoning that occurred after the passage of the 1994
Open Lands Plan adoption.
In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the
development of Middle Creek Housing and to create the site for the telecom tower. In
2020, a subdivision application was approved by the PEC to create Lot 3 as the site for
the Residences at Main Vail project.
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Town of Vail Page 3
III. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Land Use Plan, the Vail Village
Master Plan and the Vail Town Code are relevant to the review of this proposal:
Vail Town Code
TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE
12-3-7: AMENDMENT:
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
districts shown on the official zoning map may be amended, or repealed by the town
council in accordance with the procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this title or a change in zone district
boundaries may be initiated by the town council on its own motion, by the
planning and environmental commission on its own motion, by petition of any
resident or property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the administrator. The
petition shall include a summary of the proposed revision of the regulations,
or a complete description of proposed changes in zone district boundaries
and a map indicating the existing and proposed zone district boundaries. If
the petition is for a change in zone district boundaries, the petition shall
include a list of the owners of all properties within the boundaries of the area
to be rezoned or changed, and the property adjacent thereto. The owners' list
shall include the names of all owners, their mailing and street addresses, and
the legal description of the property owned by each. Accompanying the list
shall be stamped, addressed envelopes to each owner to be used for the
mailing of the notice of hearing. The petition also shall include such additional
information as prescribed by the administrator.
C. Criteria And Findings:
1. Zone District Boundary Amendment:
a. Factors, Enumerated: Before acting on an application for a zone
district boundary amendment, the planning and environmental
commission and town council shall consider the following factors with
respect to the requested zone district boundary amendment:
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Town of Vail Page 4
(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; and
(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; and
(3) The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
(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; and
(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; and
(6) The extent to which the zone district amendment is consistent
with the purpose statement of the proposed zone district; and
(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; and
(8) Such other factors and criteria as the commission and/or council
deem applicable to the proposed rezoning.
b. Necessary Findings: Before recommending and/or granting an
approval of an application for a zone district boundary amendment, the
planning and environmental commission and the town council shall
make the following findings with respect to the requested amendment:
(1) That the amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and
compatible with the development objectives of the town; and
(2) That the amendment is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas; and
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Town of Vail Page 5
(3) That the amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character
as a resort and residential community of the highest quality.
12-6I: Housing (H) District
12-8C: Natural Area Preservation (NAP) District
12-9C: General Use (GU) District
Vail Land Use Plan (in part)
Key Goals
B. Residential Uses
1. Additional residential growth should continue to occur primarily in existing, platted
areas.
E. General Growth and Development
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.
5. Development may also be appropriate on Town-owned lands by the Town of Vail
(other than park and open space) where:
a. No high geologic hazards exist; and
b. Such development is for public use.
Land Use Plan Assumptions
A. New development would for the most part, occur within and adjacent to already
developed areas.
C. That substantial areas of open space would remain in the Town.
D. That constraint areas should be considered in the designation of areas for future
development.
F. That hillsides should also be assessed, taking constraints into consideration.
IV. SITE ANALYSIS
Address: No Address
Legal Description: Tract A Middle Creek Subdivision
Existing Zoning: Natural Area Preservation (NAP) District and General
Use (GU)
Proposed Zoning: Housing (H) District and General Use (GU)
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Town of Vail Page 6
Land Use Plan Designation: Open Space (proposed to change with PEC22-0018)
Current Land Use: Open Space
Proposed Land Use: High Density Residential and Public/Semi-Public
Geological Hazards: Moderate Hazard Debris Zone and Medium Severity
Rockfall
Development
Standard
Natural Area
Preservation
(NAP)
Housing (H) General Use (GU)
Lot Size NA Prescribed by PEC Prescribed by PEC
Minimum Setbacks NA 20’ from perimeter of
zone district Prescribed by PEC
Maximum Height NA
NA Prescribed by PEC Prescribed by PEC
Density NA Prescribed by PEC Prescribed by PEC
Site coverage
maximum
NA Max. 55% of site area Prescribed by PEC
Minimum Landscaping NA Min. 30% of site area Prescribed by PEC
V. SURROUNDING LAND USES AND ZONING
Existing Use Zone District
North: US Forest Land NA
South: Telecom/Housing General Use (GU)/Housing(H)
East: Open Space Natural Area Preservation (NAP)
West: Open Space Natural Area Preservation (NAP)
VI. REVIEW CRITERIA
Before acting on an application for a zone district boundary amendment, the Planning
and Environmental Commission shall consider the following factors with respect to the
requested zone district boundary amendment:
Zone District Boundary Amendment Factors
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.
The proposed zone district amendment is supported by the Vail comprehensive
plan. One component of the comprehensive plan is the Land Use Plan. In the
plan, some key goals are to have additional growth within existing platted areas
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and areas without high geologic hazards. The proposed amendment would be in
a subdivided tract and outside of any high-hazard areas. The plan also notes that
development on hillsides may be appropriate on a case-by-case basis and that
the development should be low-density as visibility from the valley floor is a
consideration. When the plan refers to development on a hillside, the goal is to
limit low density residential at the ridgeline. It was not contemplating residential
development at the base of the hillside near the valley floor. Later, the General
Growth and Development section of the plan notes that the development of
Town-owned land may be appropriate if it isn’t in the high hazard zones and the
development is for a public purpose.
Considering those sections and goals, it would appear the plan allows for hillside
development of public land if it serves a public purpose. As the Town is the
owner and applicant on the application, those requirements would be met.
Staff finds that the proposed zone district amendment conforms to this 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.
Part of this amendment is rezoning some areas to the north of the Mountain Bell
tower from GU to NAP. This is suitable for existing and potential uses around the
site as it is the least developable area of Tract A. It lends itself to NAP to
preserve the uphill area of the tower and housing development, rather than
contemplate further development up the hill.
Conversely, the area adjacent to the right-of-way is currently open space that is
zoned NAP but has residential development on either side. This portion of the
site would be best suited to additional housing opportunities or other uses that
may be permitted in the GU district than further up the hill of the site. When
contemplating the Housing district, having it easily accessible to the road and to
walkable areas is the most suitable.
Staff finds that the proposed zone district amendment conforms to this 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 is consistent with the adjacent zoning on
the property to the east. The new area of GU would be adjacent to the lot that is
currently zoned GU. While the proposed Housing district area does not share a
boundary with another existing Housing district site, in the vicinity it is common to
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see Housing zoning adjacent to the right-of-way. Similar sites have been zoned
Housing recently such as Lot 3 of Middle Creek and Solar Vail.
Staff finds that the proposed zone district amendment conforms to this 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.
The proposed zone district amendment provides the appropriate incentives for
the orderly redevelopment of the subject properties. The development standards
of both the General Use and Housing districts are set by the PEC and will
provide for more control from the Commission on how the sites are developed in
terms of site planning, height, density, and setbacks. The area along the frontage
road has already been developed with public/semi-public uses and housing
developments. Continuing those uses in this area will provide an orderly
development that is in the best interest of the larger community.
Staff finds that the proposed zone district amendment conforms to this 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.
The amendment does not have any direct impacts that are either adverse or
beneficial to the natural environment. It will increase the development
opportunities on the lower portion of the site but will also reduce the potential
development on the higher elevations of the tract. In the proposed districts the
majority of standards are set by the PEC, which will allow for further input into the
development process to control any possible negative externalities to the
environment. The proposed zoning change to this existing development would
not negatively affect riparian corridors, air quality, water quality, or other
environmental aspects.
Staff finds that the proposed zone district amendment conforms to this criterion.
6. The extent to which the zone district amendment is consistent with the
purpose statement of the proposed zone district.
The proposed zone district amendment is consistent with the purpose statements
for the General Use and Housing districts. The Housing statement reads “…the
zone district is appropriately located and designed to meet the needs of residents
of Vail, to harmonize with surrounding uses, and to ensure adequate light, air,
open space and other amenities”. This amendment will incorporate the district in
an appropriate area in harmony with the adjacent sites and uses.
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The General Use amendment will meet the purpose by further providing access
and quasi-public uses that are necessary to develop the adjacent proposed
Housing site.
Staff finds that the proposed zone district amendment conforms to this 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 property was zoned to its current designation in 1995 as a result of the newly
adopted 1994 Open Lands Plan. At that time, there was no Middle Creek
Housing and the site was largely vacant except for the elementary school and
Mountain Bell Tower. Since the time that Middle Creek Housing was built, Solar
Vail was rezoned and completed and Residences at Main Vail has begun
construction. These developments have transformed the area from a largely
untouched area north of the interstate to a developed area that is occupied by
large buildings. The on-site conditions around the time of designation of the
previous zoning conformed to the open space use for the area, but that use on
the neighboring properties has changed, recommending this property for a
potential change as well.
Staff finds that the proposed zone district amendment conforms to this criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section Vl of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
rezoning of the portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council, 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
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rezoning of portions of Tract A Middle Creek Subdivision from Natural Area
Preservation to General Use and Housing, and setting forth details in regard
thereto.”
Should the Planning and Environmental Commission choose to forward this
recommendation of approval, the Community Development Department recommends
the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated December
12th, 2022, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
2. That the amendment does further the general and specific purposes of the
zoning regulations; and
3. That the amendment does promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
IX. ATT ACHMENTS
A. Applicant Narrative, 12-8-2022
B. Zone District Amendment Proposal
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