HomeMy WebLinkAbout2024-04-16 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order
2.Citizen Participation (10 min.)
2.1 Citizen Participation
3.Any action as a result of Executive Session
4.Consent Agenda
4.1 Contract Award to A-Peak Asphalt for 2024 On-Call
Asphalt Repair
Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with A-Peak Asphalt LLC to
complete the 2024 On-Call Asphalt Repair Contract in an
amount not to exceed $125,000.00.
Background: This contract is to provide asphalt roadway
patching as directed by Town Staff as needed throughout the
Town of Vail. The project is budgeted with the Capital Street
Maintenance budget.
4.2 Contract Award to American Mechanical Services for
Installation of Police Department Roof Top Units
Authorize the Town Manager to execute a change order, in a
form approved by the Town Attorney, with American
Mechanical Services to replace the roof top units for the Police
Building, in an amount not to exceed $94,205.00.
Background: Staff is requesting the award of installation costs
for the previously purchased replacement roof top units for the
Police Department. The purchase of the replacement units
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually by Zoom:
https://vail.zoom.us/webinar/register/WN_etWisNm-R-mP4t7lFMm1Qw
6:00 PM, April 16, 2024
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
Council Memo - On-Call Asphalt
1
were approved by Town Council in April of 2023.
4.3 Contract Award to Chargepoint for Battery Electric
Charging Equipment
Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Chargepoint for a battery
electric bus charging equipment, in an amount not to exceed
$559,958.75.
Background: This project will add 6 dual port charging
dispensers in the Bus Barn to facilitate the charging of 6 new
buses, as well as add redundancy to the system.
4.4 Contract Award to GH Daniels III & Associates
Landscaping for Gore Valley Trail Interpretive Installation
Site Prep and Exhibit Installation
Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with GH Daniels III &
Associates Landscaping for the Gore Valley Trail Interpretive
Installation Site Prep and Exhibit Installation, in an amount not
to exceed $83,000.00.
Background: Interpretive elements for the planned Gore Valley
Trail Interpretive Installation are being fabricated in the winter
and early spring of 2024 by CREO. Site prep work must be
completed by GH Daniels III & Associates before interpretive
elements are delivered by CREO in June.
4.5 Contract Award to Resort Entertainment Group for the
Springfree Bluegrass Festival
Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Resort Entertainment
Group for the Springfree Bluegrass Festival, in an amount not
to exceed $80,000.00.
Background: This 3-day event will bring free bluegrass music
to the Vail Village over Memorial Day weekend.
4.6 Contract Award to Umbrella Roofing for the Community
Development Roof Repair
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Umbrella Roofing
for the Community Development roof repair, in an amount not
to exceed $86,000.00.
Background: The northeast section of the Community
Development Building roof is in need of repair.
5.Presentations/Discussions
5.1 Summer Parking Discussion 20 min.
Police Department Roof Top Units Installation Memo
Council Memo - Charging Equipment
Council Memo - Interpretive Installation 2024-04-16
Council Memo - 04-19-2024 Consent Agenda for Springfree Bluegrass Sponsorship
Agreement
Council Memo - Com Dev 04-16-2024
2
Listen to presentation and provide feedback.
Presenter(s): Greg Hall, Public Works Director
Background: Provide Council with recommendations for
Summer 2024 Parking Program and request Council to
approve the Summer Parking Program with any necessary
budget adjustments.
6.Action Items
6.1 Resolution No. 18, Series of 2024, A Resolution Adopting
the Town of Vail Public Way Permit Fee Schedule
5 min.
Approve, approve with amendments, or deny Resolution No
18, Series of 2024.
Presenter(s): Tom Kassmel, Town Engineer
Background: The Vail Public Way Permit Fee schedule has not
been updated since 2008. This Resolution will update the
fees.
6.2 Resolution No.19, Series of 2024, A Resolution of the Vail
Town Council Approving the Update to the Vail Land Use
Plan to Amend the Designation of Lot 4, Middle Creek
Subdivision, a Resubdivision of Tract A
10 min.
Approve, approve with amendments, or deny Resolution No.
19, Series of 2024.
Presenter(s): Greg Roy, Planning Manager
Background: The applicant is proposing to amend the land use
for portions of Tract A Middle Creek Subdivision from Open
Space and Public/Semi-Public to High Density Residential.
6.3 Ordinance No. 05, Series of 2024, First Reading, an
Ordinance Repealing and Reenacting Chapter 1 of Title 7
of the Vail Town Code and Repealing in Part Chapter 2 of
Title 7 of the Vail Town Code, Adopting by Reference the
Model Traffic Code for Colorado, 2020 Edition
15 min.
Approve, approve with amendments, or deny Ordinance No.
05, Series of 2024, upon first reading.
Presenter(s): Chief Ryan Kenney, Vail Police Department
Background: Staff is requesting Council adopt the 2020
Colorado Model Traffic Code with suggested changes.
Summer 2024 Parking Program 04-16-2024
Council Memo - PW Fees 2024-04-16
Resolution 18 Series of 2024 - PW Fees Update
PW Fees - Exhibit A
Res #19 of 2024 Staff Memo
Attachment A. Resolution No. 19, Series of 2024
Attachment B. PEC24-0007 Staff Memorandum
Attachment C. PEC Results 3-25-24
Attachment D. Proposed Land Use Amendment
MTC Memo 04162024
Ordinance No. 05 - Model Traffic Code
3
7.Public Hearings
7.1 Ordinance No. 04, Series of 2024, First Reading, an
Ordinance Rezoning a Portion of Lot 4, Middle Creek
Subdivision, a Resubdivision of Tract A from General Use
and Undesignated to Housing (H)
15 min.
Approve, approve with amendments, or deny Ordinance No. 4,
Series of 2024 upon first reading.
Presenter(s): Greg Roy, Planning Manager
Background: The applicants are requesting approval of a zone
district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of the
proposed Lot 4 currently located at Tract A, Middle Creek
Subdivision, from the General Use (GU) and Natural Area
Preservation (NAP) Districts to the Housing (H) District. The
rezoning is proposed to accommodate development of
workforce housing on Lot 4.
8.Adjournment 7:15pm (estimated)
Ord #4 of 2024 Staff Memo
Attachment A. Ordinance No. 4, Series of 2024
Attachment B. PEC24-0008 Staff Report 3-25-24
Attachment C. PEC Results 3-25-24
Attachment D. Zone District Amendment Map
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 2.1
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Steph Johnson, 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
5
From:John Hutto
To:PublicInputTownCouncil
Subject:TOV idling vehicles
Date:Monday, April 15, 2024 6:31:26 PM
Dear Vail Town Council,
Please take steps necessary to direct TOV employees to turn off the engines of vehicles they
are driving whenever possible. For instance, the TOV employees driving the trucks that empty
the public trash cans. I understand that if it's remarkably cold or remarkably hot, keeping the
engine running to keep the interior of the vehicle warm or cool may be necessary.
Fortunately, we live in a relatively mild climate.
Thank you for your attention.
Warm regards,
John Hutto, West Vail resident and Sonnenalp Hotel employee
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to A-Peak Asphalt for 2024 On-Call Asphalt
Repair
SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with A-Peak Asphalt LLC to complete
the 2024 On-Call Asphalt Repair Contract in an amount not to exceed
$125,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - On-Call Asphalt
7
To:Town Council
From:Public Works
Date:04/16/2024
Subject:2024 On-Call Asphalt Repair Contract Award
I.ITEM/TOPIC
2024 On-Call Asphalt Repair Contract Award
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with A-peak Asphalt, LLC to
complete the 2024 On-Call Asphalt Repair Contract.
III.BACKGROUND
Staff received 1 proposal for the 2024 On-Call Asphalt Repair Contract from A-Peak
Asphalt, LLC. The project is budgeted with the Capital Street Maintenance budget.
This contract is to provide asphalt roadway patching as directed by Town Staff as
needed throughout the Town of Vail.
IV.STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with A-Peak Asphalt, LLC to complete the 2024 On-Call Asphalt Repair Contract
in the amount not to exceed $125,000.00.
8
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to American Mechanical Services for Installation
of Police Department Roof Top Units
SUGGESTED ACTION:Authorize the Town Manager to execute a change order, in a form
approved by the Town Attorney, with American Mechanical Services
to replace the roof top units for the Police Building, in an amount not
to exceed $94,205.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Police Department Roof Top Units Installation Memo
9
TO:Vail Town Council
FROM:Public Works and Transportation Department
DATE:April 16, 2024
SUBJECT: Contract Award for Installation Costs of Police Department Replacement Roof Top Units
I.SUMMARY
This is a Contract Award in the amount of $ 94,205.00 to American Mechanical Services for the
cost of installation of previously purchased replacement Roof Top Units for the Police
Department Building.
II. BACKGROUND
In April of 2023, the town council approved the purchase of two replacement roof top units for
the Police Department building. The units have been received and the staff is scheduling the
install of them beginning in mid-May. We are now requesting the award of the labor portion of
the cost for the installation. The cost of this contract is budgeted within the Facility Capital
budget.
III. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to execute a change order to the purchase contract for the
installation labor costs of the replacement Roof top units for the Police Building with American
Mechanical Services, in a form approved by the Town Attorney, in an amount not to exceed
$94,205.00.
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AGENDA ITEM NO. 4.3
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Chargepoint for Battery Electric Charging
Equipment
SUGGESTED ACTION:Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Chargepoint for a battery electric
bus charging equipment, in an amount not to exceed $559,958.75.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Charging Equipment
11
To:Town Council
From:Greg Hall Director of Public Works and Transportation
Jeff Darnall Fleet Manager
Date:04/16/2024
Subject:Approve purchase of E-Bus charging equipment for E-bus expansion.
I.ITEM/TOPIC
Purchase of more E-bus charging equipment to accommodate the expansion of our E-
Bus fleet. We were able to secure grant funding to help offset the cost.
ACTION REQUESTED OF COUNCIL
To Authorize the Town Manager to enter into a contract with Chargepoint for battery
electric bus charging equipment for an amount not to exceed $559,958.75. This pricing
is based off of Sourcewell cooperative purchasing. This amount will also be offset upon
completion by grant reimbursement.
II.BACKGROUND
The Town is expecting to take delivery of six new E-Buses in July, and another two in
November. In preparation for the bus arrival this project is to get the required charging
equipment installed in the bus barn. Completing this work early will help to get the new
buses in service faster.
This project will add 6 dual port charging dispensers in the Bus Barn to facilitate the
charging of the new buses as well as add some redundancy to the system.
We received this pricing from Sourcewell cooperative purchasing contract. Three
different grants will cover the cost of this project Congressional Directed Spending grant
for $179,480.00, a Volkswagen Settlement grant for $225,728 and a Federal Transit
Administration 5339(B) program grant for $181,120. This brings the Town a total of
$616,328 in grant funding reimbursement upon completion of this project. The funds left
over after equipment purchase will go towards the installation portion of this project. We
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Town of Vail Page 2
will be presenting that part of the project at a later date as we are still completing grant
approval paperwork.
III.STAFF RECOMMENDATION
Authorize the Town Manager to enter into a contract with Chargepoint for the equipment
purchase of $559,958.75 as per Sourcewell cooperative purchasing contract. This will
initially be above budget until we receive grant reimbursement upon completion.
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AGENDA ITEM NO. 4.4
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Pete Wadden, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to GH Daniels III & Associates Landscaping for
Gore Valley Trail Interpretive Installation Site Prep and Exhibit
Installation
SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with GH Daniels III & Associates
Landscaping for the Gore Valley Trail Interpretive Installation Site
Prep and Exhibit Installation, in an amount not to exceed $83,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Interpretive Installation 2024-04-16
14
TO:Vail Town Council
FROM:Environmental Sustainability Department
DATE:April 16, 2024
SUBJECT: Contract Award to GH Daniels III & Associates Landscaping for Gore Valley Trail
Interpretive Installation Site Prep and Exhibit Installation
I.ITEM/TOPIC
Interpretive Installation Site Prep and Exhibit Installation for Gore Valley Trail Interpretive
Installation
II. ACTION REQUESTED OF COUNCIL
Authorize Town Manager to enter into an agreement with GH Daniels III & Associates
Landscaping to complete Interpretive Installation site prep and exhibit installation for Gore
Valley Trail Interpretive Installation.
III. BACKGROUND
Interpretive elements for the planned Gore Valley Trail Interpretive Installation are being
fabricated in the winter and early spring of 2024 by CREO, a specialized interpretive exhibit firm,
for early June of 2024. Stagg hope to have the interpretive elements installed before Memorial
Day. Site prep must be completed by GH Daniels III & Associates before the interpretive
elements are delivered by CREO in June. Once the elements are delivered, GH Daniels will
complete the installation of the specialized exhibits.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with GH Daniels III & Associates Landscaping for the Gore Valley Trail Interpretive Installation
Site Prep and Exhibit Installation, in an amount not to exceed $83,000.00.
15
AGENDA ITEM NO. 4.5
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Jeremy Gross, Economic Development
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Resort Entertainment Group for the Springfree
Bluegrass Festival
SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Resort Entertainment Group for
the Springfree Bluegrass Festival, in an amount not to exceed
$80,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - 04-19-2024 Consent Agenda for Springfree Bluegrass Sponsorship Agreement
16
To:Mayor and Town Council
From:Economic Development Department
Date:4/19/2024
Subject:Council approval for special event sponsorship agreement for the Springfree Bluegrass
Festival.
1.Background
In the second cycle of Committee on Special Events sponsorship review for 2024 events, the
Committee on Special Events and Event Funding Committee approved the sponsorship of the
Springfree Bluegrass Festival in the amount of $80,000. This new 3 day event will bring free
bluegrass music to Vail Village over Memorial Day Weekend. The event is produced by the
Resort Entertainment Group, who also produces the Freefall Bluegrass Festival. With the
addition of Springfree, Resort Entertainment Group is bookending the summer with free
bluegrass festivals during historically slow periods of visitation in Vail. The inaugural Freefall
Festival in 2023 had a very positive reception from guests, businesses, and the local
community. As a “sister” event, Springfree is being marketed alongside Freefall to promote
offseason travel to Vail.
Action Requested
Authorize the Town Manager to enter into an agreement with Resort Entertainment Group, on a
form approved by the Town Attorney, for the Springfree Bluegrass Festival in an amount not to
exceed $80,000.
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AGENDA ITEM NO. 4.6
Item Cover Page
DATE:April 16, 2024
SUBMITTED BY:Stephanie Bibbens, Public Works
ITEM TYPE:Agreement
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Umbrella Roofing for the Community
Development Roof Repair
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Umbrella Roofing for the
Community Development roof repair, in an amount not to exceed
$86,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Com Dev 04-16-2024
18
TO:Vail Town Council
FROM:Public Works Department
DATE:April 16, 2024
SUBJECT: Contract award for a portion of Community Development Building Roof
I.SUMMARY
This agenda item is to:
Request Town Council approve a contract with Umbrella Roofing for $86,000 for the
community Development Building Roof.
II. BACKGROUND
The northeast section of the Community Development Building roof has leaked for
years. It has been patched many times over the years and is now in such poor condition
that it cannot be patched any more. We have a proposal from Umbrella Roofing to
remove the existing built-up system and replace it with EDPM roofing product. Staff
anticipates the plywood substrate will need to be replaced in some area and are hopeful
that there will not be any structural damage. The project will be paid for from the Capital
Facilities Budget.
III. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Umbrella Roofing in a
form approved by the Town Attorney, in the amount of, and not to exceed $86,000.00.
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:April 16, 2024
TIME:20 min.
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Presentation/Discussion
AGENDA SECTION:Presentations/Discussions
SUBJECT:Summer Parking Discussion
SUGGESTED ACTION:Listen to presentation and provide feedback.
PRESENTER(S):Greg Hall, Public Works Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Summer 2024 Parking Program 04-16-2024
20
TO:Vail Town Council
FROM:Parking and Mobility Task Force
Greg Hall, Director of Public Works and Transportation
Stephanie Kashiwa Parking Operations Manager Public
DATE:April 16, 2024
SUBJECT: Recommended Summer 2024 Parking Program
I.SUMMARY
This agenda item is to:
Provide Town Council with recommendations for Summer 2024 Parking Program.
Request Town Council approve the Summer 2024 Parking Program with any necessary
budget adjustments.
II. BACKGROUND
The Parking and Mobility Task Force is tasked with making parking and mobility parking
recommendations to the Vail Town Council. The Vail Parking & Mobility Task Force met on
March 28, 2024, to review past season parking operations and to make recommendations for
the Summer 2024 Parking Program.
The 2023 summer program included the following components:
The program was implemented May 26, 2023 – October 1, 2023
An overnight fee of $35 in the Vail Village and Lionshead structures which was charged
to vehicles in the structure during the period of 4 AM to 5 AM. Free parking was offered
during all but this hour window.
An overnight fee of $15 in the Red Sandstone garage which was charged for vehicles in
the structure during the period of 4 AM to 5 AM. Free parking was offered during all but
this hour window. The max stay was extended to 14 days from a previous 72 hours.
Paid event parking at Ford Park and Soccer lot was $15, with 50 days of paid events.
An overnight fee of $35 in the oversized parking area in West Vail.
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Town of Vail Page 2
Exceptions to the overnight fees were made for qualified employees of village
businesses, including Vail Health, whose overnight shifts required them to occupy the
structures during the 4 AM – 5 AM overnight fee period. Parking passes were issued for
those employees.
The DUI prevention program that offers free exit for users who choose safe travel
arrangements was administered through the Police Department, and Parking
Department. This allowed the overnight fee to be waived if the user entered after 3 PM
the day before and exited the structures by 11 AM the day of. This was offered at the
Vail Village and Lionshead structures.
A Condo Pass was offered to qualifying property owners in the village core. This pass
allowed for free parking in the parking structures through the summer season. The
passes were sold at $475 for the shortened season.
Premier, Business Premier, and Employee Plus pass holders had the option of receiving
a complimentary pass for the summer season. This pass granted free access to the
parking structures for the summer season, but not a guaranteed spot.
A pilot carpool program was tested during two of the Hot Summer Nights concerts. This
allowed free parking in the Ford Park lot, and the Soccer lot to vehicles with three or
more passengers.
III. DISCUSSION
In reviewing the previous summer programs and identifying goals and areas for improvement,
the task force focused on messaging information to the community about transportation options,
a trial period of eliminating use during overflow frontage road parking events from the Main Vail
roundabout to Vail Valley Drive and instituting a carpool program during paid parking events.
Messaging parking and transportation options to the community was noted as valuable and the
Task Force would like to continue efforts in making information more available. Promotion of
non-SOV (single occupancy vehicle) options to the community were noted as an essential
focus, as well as promoting the use of transit including the new RTA options. It was
recommended that incentives such as free or discounted ice cream or coffee cards be handed
out to those using ECO/EVTA Transit or Vail Transit, less the Intown route, to promote
messaging about non-SOV options.
A pilot program of eliminating South Frontage Road overflow parking from the Main Vail
roundabout to Vail Valley Drive for the summer season was suggested with the intention to
continue this into the 2024-2025 winter season after the pilot program was reviewed.
Eliminating the use of this section would provide a safer experience for drivers and pedestrians
during overflow days, as well as a clear shoulder for bike traffic. For this summer trial, it has
been suggested to use a different color of cone from the traditional orange construction cones
such as green cones with “No Parking” messaging to communicate the changed use of this
area, as well as use matching cones to delineate overflow parking areas. There is a cost for
implementing this which would require additional budget approval.
The improvement of messaging and waiting areas for the overflow emergency bus stops was
suggested by delignating bus stop areas along with pedestrian waiting areas is recommended
to help keep the drive lanes clear for a safer experience.
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Town of Vail Page 3
A carpool program for paid parking events at the G.F. Amphitheater is supported by the Ford
Park User Group as well as the Parking & Mobility Task Force. After the trial carpool concerts
last summer season, it was suggested that vehicles with more than four passengers receive
free parking during these paid parking events. This is to better utilize the parking inventory and
promote non-SOV travel to events.
In conjunction with this, the group suggested incentives to bike to these events with suggestions
such as raffles and promotion of the bike valet the G.F. Amphitheater provides.
Incentives and promotion of riding the bus to these events was also suggested, however without
direct bus service from outlying areas at this time, it is hard to distinguish, transit users of
complete trips, from those who have driven and parked in the Town structures and are using the
Special Event buses to shuttle over to Ford Park.
In reviewing various options, the Task Force recommends the following changes and
continuations to the 2024 summer program.
IV. RECOMMENDED SUMMER 2024 PARKING PROGRAM
Summer paid overnight parking begins May 24, 2024, and extends through September
29th, 2024.
Increased efforts towards messaging and information to the community about parking
and transportation options.
Increased efforts towards messaging and information to the community about non-SOV
options.
Incentive program to promote bus ridership on ECO and Vail Transit when commuting to
or in Vail, less the Intown. Strategic activation on days/peak travel times that historically
have been overflow summer parking days; Estimated budget $25,000.
Eliminate South Frontage Road overflow parking from the Main Vail roundabout to Vail
Valley Drive to improve safety and incentivize utilizing the parking structures where
space is available; Estimated budget $12,500, this is a one-time cost for the cones with
specific parking messaging.
Continue fee structure from summer 2023 for the Vail Village structure, Lionshead
structure, Red Sandstone Structure and West Vail oversized/overnight parking area.
An overnight fee of $35 in the Vail Village and Lionshead structures which was
charged for vehicles in the structure during the period of 4 AM to 5 AM. Free parking
was offered during all but this hour window.
An overnight fee of $15 in the Red Sandstone garage which was charged for
vehicles in the structure during the period of 4 AM to 5 AM. Free parking was offered
during all but this hour window. The max stay was extended to 14 days from 72
hours.
Paid event parking at Ford Park and Soccer lot of $15, with 50 days of paid events.
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Town of Vail Page 4
An overnight fee of $35 in the oversized parking area in West Vail.
Provide a Ford Park Event Parking, ‘FOUR+ FOR FREE’ carpool incentive program of
free entry.
Continue offering the Condo Pass for $475 to qualified property owners.
Continue offering the free overnight parking pass to qualified overnight employees.
III. ACTION REQUESTED OF COUNCIL
Provide direction to the staff regarding the recommended summer 2024 Parking Plan to include:
Set the parking fees associated with the program.
Set the summer pass options.
Approval of the ‘FOUR + FOR FREE’ carpool incentive program during paid parking
events at the G.F. Amphitheater
Approval of an Incentive program to promote bus ridership on ECOEVTA and Vail
Transit when commuting to or in Vail, less the Intown route. Strategic activation on
days/peak travel times that historically have been overflow summer parking days.
Incentives for those commuting to events via non-SOV modes of transportation such as
biking or transit. Budget $ 25,000.
Approval to eliminate South Frontage Road overflow parking from the Main Vail
roundabout to Vail Valley Drive to improve safety and incentivize utilizing the parking
structures where space is available. Budget $12,500, this is a one-time cost for the
cones with specific parking messaging.
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:April 16, 2024
TIME:5 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Resolution
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 18, Series of 2024, A Resolution Adopting the
Town of Vail Public Way Permit Fee Schedule
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No 18,
Series of 2024.
PRESENTER(S):Tom Kassmel, Town Engineer
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - PW Fees 2024-04-16
Resolution 18 Series of 2024 - PW Fees Update
PW Fees - Exhibit A
25
To:Vail Town Council
From:Public Works Department
Date:April 2, 2024
Subject:Resolution No. 18, Series 2024 - Public Way Permit Fees
I.SUMMARY
The Town charges Public Way Permit fees to offset the costs of managing private work
within public property. The fees collected more specifically offset Public Way use,
public inconvenience, property degradation, inspection, coordination, and
administration. The Public Way includes Right of Way (Streets), Public Easements, and
Public Properties (Village Streetscape areas, Parks, Stream tracts, and public building
properties). The last time these fees were updated was in 2008. Since that time costs
have increased significantly, and an update to the fees is recommended.
The purpose of this Council work session is to update Council on the suggested
increases and adopt a new fee schedule by Resolution as per Ordinance 8-1-35(A).
(A) Fees determined.Upon receipt of a properly completed application, Public Works shall determine
the amount of the fee which shall be paid by the holder of any permit under this chapter, which fee shall
cover the cost of the applicant’s use of the public way including, but not limited to, application
administration, pavement degradation, use of the public way, inspection of work/use, coordination of
work/use, and the mitigation of public impacts. These fees shall be as currently adopted via resolution by
the Town Council and shall be set forth on the schedule of fees maintained in the Public Works
Department.
II.FEE SCHEDULE
The new fee schedule is attached and includes the recommended changes discussed
by Council at previous Council meetings. These changes include increasing the Public
Way use fee for parking, including a higher parking fee for the Village Core area,
restricting parking to Monday through Friday, and requiring an approved parking plan to
be posted at the job site visible by the public.
26
A comparison of base fees is shown below.
Vail (Existing)$150
Vail (Proposed)$250
Aspen $475-$550
Avon $250
Breckenridge $386
Eagle County $150-$300
Pitkin County $650
Snowmass $300
Steamboat $200
Winter park $250
A comparison of the most common types of public way permits issued that include both
base fees and use is shown below.
For a typical utility service street cut: (10 ft x 20 ft = 200 sq ft) 2 days single lane closure
Vail Existing $210 $460.00 (During Non-Construction Season)
Vail Proposed $415 $790.00 (During Non-Construction Season)
Aspen $475-$550
Avon $1270 ($250.00 Base plus $6.00 X 170 sq. ft.)
Breckenridge $386
Pitkin County $650
For Construction Parking in the Right of Way: (1 month / 22 Days) 5 vehicles
Vail Existing $250 $0.25 per SF per month ~$2.25 per space per day
Vail Proposed $1800 $15 per space per day
Vail Core Proposed $3450 $30 per space per day (W. Forest Road to Vail Valley Drive)
Aspen $7000-$9000($7-$9 per SF per month)
Avon NA (No on-street parking allowed)
Breckenridge NA (Allowed if no interference with traffic)
Pitkin County $5000 ($1000 per space per month)
Over the past few years, the Town has issued on average approximately 500 Public
Way permits. The average cost of each permit is approximately $200. With the new
fee schedule, particularly the parking increase we would expect that average cost of
each permit to increase significantly.
III.RECOMMENDATION
Staff recommends the Council adopt the new Public Way Permit Fee Schedule by
Resolution.
27
Resolution 18, Series of 2024
RESOLUTION NO. 18
Series of 2024
A RESOLUTION ADOPTING THE TOWN OF VAIL PUBLIC WAY PERMIT FEE SCHEDULE
WHEREAS, The Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the “Charter”); and
WHEREAS, The members of the Town Council of the Town (the “Council”) have been duly
elected and qualified; and
WHEREAS, Pursuant to Title 8, Chapter 1, Vail Town Code, a Town fee schedule for Public
Way Use Permits and Public Way Street Cut Permits is necessary in order to offset costs due to
Public Way use, public inconvenience, property degradation, inspection, coordination and
administration;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1.The Town of Vail Public Way Permit Fee Schedule dated April 16, 2024, as set
forth in the attached Exhibit A are incorporated herein by reference, is hereby approved and
adopted by the Town, shall be kept on file for public copying and inspection in the office of the
Town Clerk and may be amended from time to time by a resolution of the Council.
Section 2.The Town Council hereby finds, determines and declares that this Resolution is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 3.This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED This 16th day of April, 2024.
Travis Coggin
Mayor, Town of Vail
ATTEST:
Stephanie Bibbens
Town Clerk
28
Exhibit A
Town of Vail
Public Way Permit Fee Schedule
Adopted April 16th, 2024
Public Way Use and Street Cut Permit
A Public Way Permit application fee of $150.00 will be assessed for the issuance of any Public
Way Use or Street Cut Permit. In addition, a charge will be assessed for both Public Way Use
Permits and Public Way Street Cut Permits in order to offset costs due to Public Way use, public
inconvenience, property degradation, inspection, coordination and administration. The Fee
schedule shall be set as follows: (Fees shall not be pro-rated, and shall be rounded up to the
nearest measurement or time as indicated)
Public Way Use Permit Fee: (Minimum Fee $100.00)
Construction Season
Single Lane Closure:$0.25 / lft / day
Two Lane Closure:$0.70 / lft / day
Sidewalk/Bike Path Closure:$0.25 / lft / day
Core Areas Heated Streetscape $0.50 / sqft / week
Non-Paved Surface $0.15 / sqft / month
Parking $15.00 / space / day
Parking in Vail Core Area $30.00 / space / day
(W. Forest Road to Vail Valley Drive-See maps.vailgov.com)
Non-Construction Season
Single Lane Closure:$1.50 / lft / day
Two Lane Closure:$4.50 / lift / day
Sidewalk/Bike Path:$0.75 / lft / day
Core Areas Heated Streetscape $1.00 / sqft / day
Non-Paved Areas $0.60 / sqft / month
Parking $30.00 / space / day
Parking in Vail Core Area:$60.00 / space / day
(W. Forest Road to Vail Valley Drive-See maps.vailgov.com)
Public Way Street Cut Permit Fee: (Minimum Fee $100.00)
Public Ways:
Asphalt/Concrete Paved Surface:$0.45 per square foot
Brick Paver Surface:$1.50 per square foot
Non-Destructive Exploration (each):$75.00 per location
Non-Paved Surfaces:$0.10 per square foot
Public Ways Under Moratorium:
Asphalt/Concrete Paved Surface:$12.00 per square foot
Brick Paver Surface:$22.50 per square foot
Non-Destructive Exploration (each):$300.00 per location
Non-Paved Surfaces:$0.40 per square foot
____________________________________________________________________________
29
Definitions:
Non-Construction Season: Times in which construction is not allowed within the Public
Way in the Town of Vail as defined in Title 8 of the Town
Municipal Code and as further defined by the “Vail Village
Construction Information Handout” information handout.
Construction Season: All times other than non-construction Season.
Public Ways Under Moratorium:Public Ways that have been reconstructed, rehabilitated, or
resurfaced within the past five (5)yrs.
Non-Destructive Exploration: Non-destructive sub surface investigation by means of
vacuum suction, auger, boring or other similar means that
disturbs less than 12” diameter of the surface to determine
depth and location of existing utilities or other structures,
perform soil tests or analyses, or other sub surface
exploratory needs.
Parking:A maximum of five (5) parking spaces may be issued to
each Construction Site as long as the following criteria is
met;
Parking is only permitted Monday-Friday, except as
further limited by the Village Construction
Information Handout.
The Approved Parking Plan is posted at the job site
in a location visible by the public adjacent to the
impacted roadway.
One (1) parking space is equivalent to one (1)
standard passenger van, standard pickup truck, or
smaller vehicle.
The Parking is along the permitted property’s
roadway frontage within the limits of the side
property lines.
The Parking does not narrow the existing road to
less than 16.’
The Parking allows through traffic from both
directions to be able to see approaching vehicles
through and beyond the parking area with sufficient
time to yield prior to entering the narrowed portion of
the roadway.
Through traffic volume is such that sufficient gaps
exist for vehicular traffic to yield and not create a
traffic queue.
Village Core Area:The Village Core Area is defined as all of Vail Valley Drive,
and the entire area defined by the South Frontage Road to
the north, ERWSD offices to the west, Ford Park to the East,
and Vail Mountain to the south. See maps.vailgov.com
30
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:April 16, 2024
TIME:10 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Resolution No.19, Series of 2024, A Resolution of the Vail Town
Council Approving the Update to the Vail Land Use Plan to
Amend the Designation of Lot 4, Middle Creek Subdivision, a
Resubdivision of Tract A
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 19,
Series of 2024.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Res #19 of 2024 Staff Memo
Attachment A. Resolution No. 19, Series of 2024
Attachment B. PEC24-0007 Staff Memorandum
Attachment C. PEC Results 3-25-24
Attachment D. Proposed Land Use Amendment
31
TO: Town Council
FROM: Community Development Department
DATE: April 16, 2024
SUBJECT: Resolution No. 19, Series of 2024, a resolution of the Vail Town Council approving
the update to the Vail Land Use Plan to amend the designation of Lot 4, Middle
Creek Subdivision a Resubdivision of Tract A. (PEC24-0007).
Applicant: Town of Vail and Corum Real Estate Group
Planner: Greg Roy
I. SUMMARY
The applicants, Town of Vail and Corum Real Estate Group, are requesting approval from
the Vail Town Council for a Vail Land Use Plan map amendment, pursuant to Section 8 -
3, Amendment Process, Vail Land Use Plan, to change the designation of the proposed
Lot 4, currently located at Tract A, Middle Creek Subdivision, from Open Space and
Public/Semi-Public to High Density Residential.
The PEC voted 5-1 (Hagedorn Absent, Pratt Opposed) to recommend approval of
PEC24-0007.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Resolution No.
19, Series of 2024.
III. DESCRIPTION OF REQUEST
The applicant is proposing to amend the land use for portions of Tract A Middle Creek
Subdivision from Open Space and Public/Semi-Public to High Density Residential.
Currently, the developed portions of the Middle Creek Subdivision consist of Middle Creek
Housing, Residences at Main Vail, and the telecom tower. The portions of the site that
are proposed for land use amendment are not developed and are currently vacant.
A. Resolution No. 19, Series of 2024
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Town of Vail Page 2
B. PEC24-0007 Staff Report
C. PEC Results 3-25-24
D. Proposed Land Use Amendment
IV. BACKGROUND
The property was annexed into the Town of Vail in 1968 with Ordinance No. 8, Series of
1969. In 1974, the property was deeded to the Town of Vail, as part of an agreement with
Vail Associates Inc. The land use is believed to have been enacted with the original
annexation of the property. In 2002 the property was subdivided to create Lots 1 and 2 to
hold the Middle Creek Housing and the site of the telecom tower. In 2020 Lot 3 was
subdivided out of the larger Lot 1.
In 2001, the PEC recommended approval of the land use change and rezoning of Lot 1
to accommodate the Middle Creek Housing project. Originally the site had a land use
designation of Open Space and was amended to be High Density Residential. Similarly,
the original zoning was Natural Area Preservation and the site was rezoned to Housing.
In 2022, the Town processed a minor subdivision application to create a lot 4 and lot 5
over the existing Tract A. This was accompanied by a land use plan amendment to
change the land use from Open Space to Public/Semi -Public and High Density
Residential, and a zone district boundary amendment to change the zoning from Natural
Area Preservation to Housing and General Use. The land use amendment and zone
district boundary amendment were subsequently approved by Town Council. The Minor
Subdivision was approved by the PEC, but the plat was never recorded, thus the
approved lots were not created, and that approval has since lapsed. This left the condition
of multiple land uses and zone districts on the Tract A parcel.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Resolution No. 19, Series of 2024,
the Planning and Environmental Commission recommends the Council pass the
following motion:
“The Vail Town Council approves Resolution No. 19, Series of 2024, a
resolution of the Vail Town Council approving the update to the Vail Land
Use Plan to amend the designation of a portion of Lot 4, Middle Creek
Subdivision a Resubdivision of Tract A.”
Should the Vail Town Council choose to approve Resolution No. 19 Series of 2024, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:”
1. That the amendment is consistent with the applicable elements of
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Town of Vail Page 3
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development
objectives of the town; and
2. That the amendment furthers the general and specific purposes of
the zoning regulations; and
3. That the amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character
as a resort and residential community of the highest quality.”
Vl. ATTACHMENTS
A. Resolution No. 19, Series of 2024
B. PEC23-0007 Staff Report
C. PEC Results 3-25-24
D. Proposed Land Use Amendment
34
1
RESOLUTION NO. 19
SERIES 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE
UPDATE TO THE VAIL LAND USE PLAN ASSOCIATED WITH THE
REZONING OF LOT 4, MIDDLE CREEK SUBDIVISION, A
RESUBDIVISION OF TRACT A
WHEREAS, the Town is in the process of acquiring the real property more
particularly described and depicted in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property");
WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land
Use Plan, via Resolution 27, Series of 1986;
WHEREAS, on February 26, 2024, the Town filed an application to rezone the
Property from undesignated and General Use to Housing (H) and to update the Vail Land
Use Plan accordingly (the "Application");
WHEREAS, on March 25, 2024, the Planning and Environmental Commission (the
"PEC") held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on April 16, 2024, the Town Council held a properly-noticed public
hearing on the Application, and approved the rezoning of the Property to Housing (H).
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. The Town Council hereby approves the update to the Vail Land Use
Plan as set forth in Exhibit B, attached hereto and incorporated herein by this reference.
The update shall become effective upon the effective date of the ordinance rezoning the
Property to Housing (H).
INTRODUCED, READ, APPROVED AND ADOPTED THIS 16th DAY OF APRIL,
2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
35
2
EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A
36
3
EXHIBIT B
Land Use Plan Amendment
37
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 25, 2024
SUBJECT: A request for a recommendation to the Vail Town Council for a Vail Land
Use Plan map amendment, pursuant to Section 8 -3, Amendment Process,
Vail Land Use Plan, to change the designation of the proposed Lot 4,
currently located at Tract A, Middle Creek Subdivision, from Open Space
and Public/Semi-Public to High Density Residential. (PEC24-0007)
Applicants: Town of Vail and Corum Real Estate Group
Planner: Greg Roy
I. SUMMARY
The applicants, Town of Vail and Corum Real Estate Group, are requesting a
recommendation to the Vail Town Council for a Vail Land Use Plan map amendment,
pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the
designation of the proposed Lot 4, currently located at Tract A, Middle Creek Subdivision,
from Open Space and Public/Semi-Public to High Density Residential.
Based upon Staff’s review of the criteria outline d 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.
With a concurrent Minor Subdivision application, a piece of right-of-way that is being
purchased by the Town is being proposed to have the same land use of High Density
Residential as the remainder of the proposed lot 4.
II. DESCRIPTION OF REQUEST
The applicant is proposing to amend the land use for portions of Tract A Middle Creek
Subdivision from Open Space and Public/Semi-Public to High Density Residential.
Currently, the developed portions of the Middle Creek Subdivision consist of Middle Creek
38
Town of Vail Page 2
Housing, Residences at Main Vail, and the telecom tower. The portions of the site that
are proposed for land use amendment are not developed and are currently vacant.
The maps below show existing and proposed Land Use Designations. It also shows the
proposed Lot 4 in the dashed line, including the portion of the right-of-way that is being
purchased by the Town and incorporated into the lot:
Included with this memorandum as attachments are the following for review by the
commission:
A. Proposed Land Use Amendment Map
B. Applicant Narrative 3-25-2024
C. Terracon EIR 2-12-2022
D. Terracon EIR Summary 2-12-2022
E. Hazard Map
F. Slope Analysis
39
Town of Vail Page 3
IlI. BACKGROUND
The property was annexed into the Town of Vail in 1968 with Ordinance No. 8, Series of
1969. In 1974, the property was deeded to the Town of Vail, as part of an agreement with
Vail Associates Inc. The land use is believed to have been enacted with the original
annexation of the property. In 2002 the property was subdivided to create Lots 1 and 2 to
hold the Middle Creek Housing and the site of the telecom tower. In 2020 Lot 3 was
subdivided out of the larger Lot 1.
In 2001, the PEC recommended approval of the land use change and rezoning of Lot 1
to accommodate the Middle Creek Housing project. Originally the site had a land use
designation of Open Space and was amended to be High Density Residential. Similarly,
the original zoning was Natural Area Preservation and the site was rezoned to Housing.
In 2022, the Town processed a minor subdivision application to create a lot 4 and lot 5
over the existing Tract A. This was accompanied by a land use plan amendment to
change the land use from Open Space to Public/Semi -Public and High Density
Residential, and a zone district boundary amendment to change the zoning from Natural
Area Preservation to Housing and General Use. The land use amendment and zone
district boundary amendment were subsequently approved by Town Council. The Minor
Subdivision was approved by the PEC, but the plat was never recorded by Town Staff,
thus the approved lots were not created, and that approval has since lapsed. This left the
condition of multiple land uses and zone districts on the Tract A parcel.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Land Use Plan and the Vail Town
Code are relevant to the review of this proposal:
Vail Land Use Plan (in part)
Chapter ll – Land Use Plan Goals/Policies
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between
residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.6. Development proposals on the hillsides should be evaluated on a case by case basis.
Limited development may be permitted for some low intensity uses in areas that are not
highly visible from the Valley floor. New projects should be carefully controlled and
developed with sensitivity to the environment.
40
Town of Vail Page 4
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.10. Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for public
use.
1.12. Vail should accommodate most of the additional growth in existing developed areas
(infill
areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions.
5.4. Residential growth should keep pace with the marketplace demands for a full range
of housing types.
5.5. The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the
community.
6. Community Services
6.2. The Town of Vail should play a role in future development through balancing growth
with
services.
Chapter Vlll – Implementation
2. Key Goals
B. Residential Uses
1. Additional residential growth should continue to occur primarily in existing, platted
areas.
2. New subdivisions should not be permitted in proven high geologic hazard areas.
3. Development proposals on the hillsides may be appropriate, in a limited number of
cases, for low density residential uses. These proposals would need to be evaluated on
a case-by-case basis, with development being carefully controlled as to sensitivity to the
environment and visibility from the Valley floor.
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Town of Vail Page 5
E. General Growth and Development
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.
Chapter Vlll – Implementation
3. Amendment Process
The amendment process is one which is intended to assure the Plan’s effectiveness with
periodic updates to reflect current thinking and changing market conditions. The process
includes amendments which may be initiated in any of the following three ways:
A. By the Community Development Department
B. By the Planning and Environmental Commission or Town Council
C. By the private sector
A. Community Development Department Amendments
The Community Development Department should update and revise the Plan every three
to five years, whenever possible. However, if the plan is not updated within such time
frame, this shall not jeopardize the validity of the plan. This should include analysis of the
goals and policies; update of the forecasting model and review and revision of the Land
Use Plan map. The Community Development Department would then make
recommendation for proposed changes to the Planning and Environmental Commission
where these changes would then be considered in a public hearing format. The Planning
and Environmental Commission would then make recommendations to the Town Council,
which would also hold a public hearing on the proposed changes. If adopted, the changes
would then become a part of the Plan.
B. Planning and Environment Commission or Town Council Amendments
These entities could also initiate plan amendments periodically, as deemed appropriate.
These amendments would also require public hearings with both the Commission and the
Council, and upon adoption then become a part of the Plan.
4. Proposed Land Use Categories
HDR High Density Residential
The housing in this category would typically consist of multi-floored structures with
densities exceeding 15 dwelling units per buildable acre. Other activities in this category
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Town of Vail Page 6
would include private recreational facilities, and private parking facilities and institution/
public uses such as churches, fire stations and parks and open space facilities.
OS Open Space
Passive recreation areas such as greenbelts, stream corridors and drainageways are the
types of areas in this category. Hillsides which were classified as undevelopable due to
high hazards and slopes over 40% are also included in this area. These hillside areas
would still be allowed types of development permitted by existing zoning, such as one
unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be
institutional / public uses.
PSP Public / Semi-Public
The public and semi-public category includes schools, post office, water and sewer
service and storage facilities, cemeteries, municipal facilities, and other public institutions,
which are located throughout the community to serve the needs of residents.
.
V. SITE ANALYSIS
Address: 199 North Frontage Road West
Legal Description: Lot 4, Middle Creek Subdivision a Resubdivision of
Tract A (proposed PEC24-0010)
Existing Zoning: Natural Area Preservation (NAP) District, General
Use (GU)
Proposed Zoning: Housing (H) District (PEC24-0008)
Land Use Plan Designation: Open Space, High Density Residential and
Public/Semi-Public
Proposed Land Use Designation: High Density Residential
Geological Hazards: Moderate Hazard Debris Zone and Medium Severity
Rockfall
Vl. SURROUNDING LAND USES AND ZONING
Existing Use Zone District
North: US Forest Land NA
South: Lionshead
Redevelopment
Master Plan
General Use (GU)/Lionshead Mixed Use 1
East: Open Space, High
Density Residential,
Public/semi-public
Natural Area Preservation (NAP), General Use (GU), and
Housing(H)
W est: Open Space, Medium
Density Residential
Natural Area Preservation (NAP), Housing
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Town of Vail Page 7
VIl. REVIEW CRITERIA
Any amendments to the Land Use Plan require a public process. Adjacent properties are
notified, and the Planning and Environmental Commission holds a public hearing and
makes a recommendation to the Town Council on the proposal. The Town Council adopts
the changes by resolution. Any changes to the Land Use Plan must address the following
three criteria:
1. How conditions have changed since the plan was adopted
The Vail Land Use Plan was originally adopted in 1986 and updated in 2009 . Since that
time, there have been several approvals and subsequent development in the immediate
area that have changed the area.
In 2001, the Vail Town Council, upon a recommendation from the Planning and
Environmental Commission, approved a land use amendment, rezoning, and subdivision
for the original Middle Creek Housing site. At that time the entire property was in the Open
Space land use category and zoned Natural Area Preservation. The approved
amendments and the subsequent development of the lot is a change from 1969 when the
plan was originally adopted. That is an example of how the need for housing spurred a
change that the Land Use Plan did not contemplate at the time it was adopted. Likewise,
today there is further increase in the need for housing that was not present at the time of
the last update of the Land Use Plan.
Staff finds that the proposed land use amendment meets this criterion.
2. How the plan is in error
The original land use plan adopted in 1986 had this designated area to be changed to
High Density Residential and the adjacent Middle Creek site designated as open space.
A portion of that has since been amended and is recognized as suitable for high density
residential. Staff believes the 1986 plan did not foresee the current housing challenges
and that because the site is directly adjacent to the right-of-way, this land is also suitable
for high density residential and other public/semi-public uses and should be re-evaluated
for the current needs of the Town.
As the need for housing has increased, the reassessment of previously designated sites
has been needed to determine if there are areas of specific sites that might be suitable
for development. The subject areas of the lot proposed for the land use change were
identified by the applicant team as developable portions.
The amendment and development of Middle Creek followed by the additional
development of Residences at Main Vail supports the position that the area adjacent to
the frontage road is a suitable location for development.
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Town of Vail Page 8
Previously the land use plan was amended to add the Public/Semi-Public land use to
Tract A with the intent that there would be a child care center located there in the future.
This use did not materialize and makes the land use change to Public/Semi -Public no
longer relevant to the proposed use. The resulting study over the past two years since
that approval determined the best use for this land would be residential housing. This
application proposed to amend that error and change that land use to be more
appropriate.
Staff finds that the proposed land use amendment meets this criterion.
3. How the addition, deletion, or change to the plan is in concert with the plan in
general
Staff has identified the following objectives and goals, which staff believes are relevant to
this proposal from the Vail Land Use Plan.
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the permanent
resident.
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted areas and
as appropriate in new areas where high hazards do not exist.
5.3. Affordable employee housing should be made available through private efforts, assisted by
limited incentives, provided by the Town of Vail, with appropriate restrictions.
5.4. Residential growth should keep pace with the marketplace demands for a full range of
housing types.
5.5. The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the community.
Staff finds that the proposed land use amendment meets this criterion.
VIIl. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section Vll 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 Vail Land Use Plan map amendment, pursuant
to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of
the proposed Lot 4, including the area of the right-of-way to be incorporated into lot 4,
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Town of Vail Page 9
currently located at Tract A, Middle Creek Subdivision, from Open Space and
Public/Semi-Public to High Density Residential 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 Vail Land Use Plan map amendment,
pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the
designation of the proposed Lot 4, currently located at Tract A, Middle Creek
Subdivision, from Open Space and Public/Semi -Public to High Density
Residential”
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 Vll of the Staff
memorandum to the Planning and Environmental Commission dated March 25th,
2024, 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. Proposed Land Use Amendment Map
B. Applicant Narrative 3-25-2024
C. Terracon EIR 2-12-2022
D. Terracon EIR Summary 2-12-2022
E. Hazard Map
F. Slope Analysis
46
Planning and Environmental Commission Minutes
Monday, March 25, 2024
1:00 PM
Vail Town Council Chambers
Present: Robert N Lipnick
William A Jensen
Scott P McBride
John Rediker
Henry Pratt
Robyn Smith
Absent: Brad Hagedorn
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
3.1
A work session of the Planning and Environmental Commission to review a
Major Exterior Alteration, pursuant to Section 12-7B-7 Exterior Alterations or
Modifications, Vail Town Code for a new mixed-use building located at 17 Vail
Road, Vail Village Filing No. 2, Lot G. (PEC24-0011)
Work session Memo 3-25-24.pdf
PEC Worksession.pdf
Attachment A. Vicinity Map Firstbank.pdf
The applicants are represented by Jim Telling and Lou Bieker. They introduce the proposed
project. They give a presentation about the existing context and zoning standards. They walk
through the proposed site plan, parking, units on site, landscaping, and floor plans.
PEC expresses concerns that there is enough customer parking.
Applicants walk through the contemplated materials and architecture.
Rediker asks for public comment.
Matthew Wyatt represents the Vail Religious Foundation. CC1 does not allow for surface parking. He
talks about the terms of the parking easement agreement. They have concerns about the public
access and parking.
Michelle Taylor is with the Villa Cortina board. There is a concern about how close the new building is
to the property line. There wouldn’t be a problem if the large trees were to remain. The underground
garage to the property line will endanger the old trees in that area. She talks about the surface parking
on the north of the site, and access in the area.
Rediker asks for commissioner comments.
McBride has concerns about congestion, egress and ingress, shading, and public access to bank.
Jensen has concerns about the parking setup and management. The current maturity of the
landscape provides a lot of value for the community.
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Smith thanks applicants for efforts to conform with zoning regulations. If the trees will have to go, it’s
better to acknowledge it up front. The standards are applied consistently and appropriately regardless
of ownership. From a public perspective, ideally there isn’t a surface lot on the corner of that street.
Lipnick says the idea is great, reiterates concern about five surface parking spaces. Concerned about
access to residences, working out concerns with neighbors. What does the Town think about the
four spaces they own?
Pratt discloses his company’s name is on old First Bank drawings, he never worked on it. He has long
history of working with applicants, no financial interest in this, it’s his last meeting. Biggest issues are
with parking and loading; going from 11-12 surface spaces to 5-6. The snow storage is designed to
meet the letter of the law, will have practical difficulties. Deliveries in this little lot will inhibit parking,
CC1 requires you to take care of loading and delivery on site.
Rediker says he would like a better understanding of the roof plan and roof heights, and how the
design guide fits in it. Also raises no net loss landscaping, loading and delivery, neighbor concerns. If
issues can be worked out with neighbors in advance it is good outcome for everybody. Also concerns
with parking and congestion. He talks about the standards of CC1 with regard to setbacks and fire
resistant landscaping.
3.2
A work session of the Planning and Environmental Commission to review the
West Vail Master Plan – Chapter 2: West Vail Center for the future prescribed
regulations amendment application
Presenter: Matt Gennett, Community Development Director
Memo WVMP Phase 2 PEC 032524.pdf
West Vail Presentation.pdf
Community Development Director Gennett offers to table the item.
Robert N Lipnick made a motion to Table to the April 15, 2024 meeting; Scott P McBride seconded the
motion Passed (5-0).
4.Main Agenda
4.1 A request for the review of a variance from Section 12-6H -6 Setbacks, Vail Town
Code in accordance with the provisions of Section 12- 17, Variances, Vail Town
Code, to allow for the alteration of the front entry stair and roof within the front
setback, located at 114 Willow Road, Vail Village Filing 1 Block 6 Lot 7, Riva Ridge
Chalets South and setting forth details in regard thereto. (PEC23-0030)
Planner: Heather Knight
Applicant Name: Riva Ridge Chalets South, represented by Pierce Austin Architects
PEC23-0030_StaffMemo.pdf
Attachment A - PAA Project Narrative.pdf
Attachment B - PEC23-0030 Architectural.pdf
Attachment C - Vicinity Map.pdf
Planner Knight gives a presentation on the request. She talks about the context, zoning, and site plan.
Public Works does not have any concerns with the proposal.
Rediker says the building is encroaching on the setbacks, were the setbacks changed at some point?
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3
William Pierce and Jordan Kalasnik with Pierce Austin Architects are representing the applicant.
The zoning and setbacks were retroactively applied to the building as it predated the current
zoning.
Smith asks if the neighborhood has had similar variances for setbacks. Knight confirms.
The applicants give a presentation.
Jensen asks about landscaping. Kalasnik says a tree would be removed that doesn’t meet fire
code, along with concrete planter boxes, and new planter boxes will be installed.
Smith asks if the deck above the entryway is changing. Kalasnik says no. The encroachment is
approximately 2.5 feet, they’re looking at this as an architectural feature and to improve the
safety of the stairs by protecting them.
Rediker asks for public comment. There is none.
Rediker looked at criteria, setbacks applied retroactively creates a lot of difficulties. Agrees with
staff analysis that criteria are met.
Robert N Lipnick made a motion to Approve with the findings on page 11 of the staff report; Scott
P McBride seconded the motion Passed (6 - 0).
4.2 A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to create Lot 4, Middle Creek Subdivision,
located at Tract A, Middle Creek Subdivision. (PEC24-0010)
Planner: Greg Roy
Applicant Name: Town of Vail and Corum Real Estate Group
PEC24-0010 Staff memorandum.pdf
Attachment A. Final Plat dated 2-22-2024.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf
Attachment G. Vicinity Map Minor Subdivision.pdf
Planner Roy introduces the request. He walks through the history and proposed plat.
Rediker asks if there are utilities in the easement. Roy says he will have to check with ERWSD for
more details. They are looking to extend their lines on the north side of the frontage road related to
this project.
Roy continues with presentation. He walks through criteria and proposed conditions, proposing
to change the timing on some conditions.
Rediker asks for more information about the Open Lands plan.
Roy says it was done in 2018, this was not among those because it was looking at all of Tract A,
but it also didn’t have lot 4 separated out at that time. Open Lands Plan may have had a different
position if that lot was created at that time.
Pratt asks if there is a copy of the previous plat. Roy says he can indicate the areas in the presentation.
The applicant team is represented by George Ruther, Eric Komppa, Jesse Adkins, and Mason
Talkington.
Ruther gives an introduction and talks about the history. At the direction of Council, Community
Development did a feasibility study of developing housing on that site and a determination that a portion
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4
of Tract A was a developable lot. The 30-foot easement with ERWSD does not have anything in it today,
and is being vacated on this plat. Future improvements would be in the right of way. They are proposing
to change timing of the conditions from the recordation of plat to the building permit.
Rediker asks for public comment. There is none.
Lipnick reviewed criteria and is in support.
Jensen supports this, but it is stressful with the outstanding issues and impending closing. Roy clarifies
the ERWSD concerns.
Rediker asks about the current zoning.
Pratt says in 2022 he did not agree with this and still doesn’t. It does not meet criteria #7. The Open
Lands plan does not identify this as developable land. It does not meet criteria 8 and the preservation
of hillsides. What was approved in 2022 was supposed to be focused on the eastern part of this. Not
in favor of this.
Smith agrees with Lipnick. This meets the criteria as it relates to the minor subdivision.
McBride appreciates staff’s findings in the memo. There is a difference now between what was
addressed in the 2018 Open Lands plan. He echoes Jensen’s comments that this feels rushed, it’s
not ideal to be put in that situation.
Rediker confirms none of this goes forward unless there is a title report.
Scott P McBride made a motion to Approve with the findings and conditions on page 16 of the
staff report and amending conditions 2, 3, and 4, replacing “prior to recording of the plat” with
“prior to applying for a building permit” and amending condition 1, replacing “prior to the
issuance of” with “prior to applying for”; Robert N Lipnick seconded the motion Passed (5 - 1).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, John Rediker, Scott P McBride Voting Against: Henry Pratt
4.3
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 Land
Use Plan, to change the designation of the proposed Lot 4, currently located at Tract A,
Middle Creek Subdivision, from Open Space and Public/Semi-Public to High Density
Residential. (PEC24-0007)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group PEC24-0007 Staff Memorandum.pdf Attachment A. Proposed Land Use Amendment.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf Items 4.3 and 4.4 are heard concurrently.
Planner Roy gives an introduction.
Rediker asks if an update is needed for the Environmental Impact Report (EIR). Roy says an update
may be appropriate, but the significant findings would not be expected to change. Jensen says if this was a non-governmental developer, how would this go. Could an updated EIR be a
condition. Roy says that could be appropriate.
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5
Rediker thinks an update is appropriate, wants to understand that the impacts will not become
more acute. Pratt says the proposal includes a 60-foot cut on the west end, which could have impacts as well.
Smith says it was a little bit unusual when that EIR was requested at the time. If it was a
private developer, we would have waited until there was a development to evaluate. Roy says that’s correct; it was a general evaluation.
Smith wants to make sure we’re asking for the information we need and asking for it at the right time.
Is there a way for the administrator to ask for an update of the environmental impacts that are of
concern and driven by the development plan.
Jensen suggests recommending to council that the EIR be revisited with this new information.
Rediker says he has a difficult time seeing the criteria being met, without assurances on the EIR.
Ruther says regarding the land use criteria, it doesn’t need to be something in error for the planning
commissions to approve this. We don’t believe it’s in error, just that conditions have changed. There
are demonstrated results of the need for housing from the last 50 years, identify sites for future
housing that may have been overlooked in the past. He talks about the history of the site. We know
now more today about these sites, than when the application came through. The EIR can be
updated, but that original also looked at the surrounding areas above and to the west of lots four and
five. He talks about the soils report.
McBride says we’re increasing Lot 4, what’s the best answer to say this is justified to take away
open space. Ruther says that was one of the considerations Council had when Community Development was
directed to identify sites for housing in the community. There is the consideration that not all open
space was created equally, and the Town has since amended its development regulations. The Town
knows more today about that specific space than when it was put into the NAP zone district.
McBride says given the original and proposed size of lot 4, what is the difference in employee
housing that is available? Ruther says the original approval were in the range of 150-175 dwelling units, with the added land
area the design was increased to 260-270 dwelling units. Jensen says another town had two types of open space, and housing development were permitted
within one designation. Something to think about. Roy talks about the difference between designated open space and NAP zoning.
Smith is on the open lands board. The Town has looked at the designations over time, many
parcels have changed zoning and land use. This parcel has not been identified as highly
environmentally sensitive.
Rediker asks about the application in 2022. Ruther clarifies. The General Use (GU) designation was
put in place so that it could accommodate customary or incidental uses if that was deemed desirable. Roy and Smith discuss uses in GU and Housing district.
Rediker asks about the regulatory buffers around Middle Creek. Roy states that in terms of the lot and stream setbacks, the more restrictive measure applies.
Rediker’s wants to make sure there are no more negative impacts to the watershed.
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Roy says the EIR looked at water quality issues and included best management practices for
mitigation. It appears the access road will be on that side of the lot, snow storage will be another
consideration in that area.
Smith asks how these concerns can be incorporated.
Roy says it can be included in the recommendation to council.
Jensen says the reality is we’re only making a recommendation here. He likes the language of
when a building permit is issued, so it knows what we’re dealing with. Ruther says they have been sensitive not mixing the development application with the land use
applications. But for context, the nearest building to is roughly 200 feet from the two year flood line.
There is also an environmental sustainability group on the development team. If you recommend the
EIR be updated, suggest that it is prior to applying for building permits.
Lipnick asks how long would the EIR update take?
Ruther says he’s hopeful it could be done in 6-8 weeks, but he doesn’t know the schedule for sure.
We are supportive of an updated EIR, let’s get it at the appropriate time. Rediker asks if there is anything further to share regarding the slope analysis.
Ruther says in order to address this housing problem, we’re all forced to deal with the more
challenging and constraining sites, valley wide. Rediker asks for public comment. There is none.
Pratt disagrees that these are developable sites that we need to build housing. The process to get
here is death by one thousand cuts. The proposal has changed, the Town has removed 40% slope
restrictions, removed the PEC from review, and changed retaining wall heights. We’re looking at a
building with 60-foot-high retaining walls, and a hillside that has been identified as open space. As we
go through housing projects, we need to deal with quality-of-life issues. We’re rushing headlong into
this, especially given that the future is changing so fast. Agrees we need housing, but this isn’t the
place and the process has been railroaded.
Lipnick says the critical issue in this valley is housing. The lots above the North Frontage Road
have been identified as opportunities, he supports this project. There are things that need to be
updated but supports housing in this town. Others have suggested housing down valley, but it
brings into play commuting and parking issues. Having housing in the town is critical.
Smith finds that the criteria has been met for the land use and zone district boundary amendment.
She hears what Pratt says, but every time we’ve had the opportunity to infill housing in residential
neighborhoods the argument has always been just not here, not now. And now 40 years later, we
have reached a crisis point. We know it is large, high-density housing. It meets the criteria, there is a
valid opportunity to get another look at the EIR, that is a separate consideration.
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Rediker believes the criteria is met in 4.3. He is struggling with 4.4, which has different set of criteria.
He has concerns with criteria 5. The PEC has a desire to update the EIR and design to have minimal
impacts on west middle creek. Concerned about changing zoning without assurances the proper
protections will be in place in terms of protecting the natural environment.
Robyn Smith made a motion to Recommend for approval with the findings on page 9 of the staff
report; Robert N Lipnick seconded the motion Passed (5 - 1).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, John Rediker, Scott P McBride
Voting Against: Henry Pratt
4.4 A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12- 3-7, Amendment, Vail Town
Code, to allow for the rezoning of the proposed Lot 4 currently located at Tract
A, Middle Creek Subdivision, from the General Use (GU) and Natural Area
Preservation (NAP) Districts to the Housing (H) District. (PEC24-0008)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group Attachment A. Zone District Amendment Map.pdf Attachment B. Applicant Narrative 3-25-24.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf
PEC24-0008 Staff Memo.pdf
Robyn Smith made a motion to Recommend for approval with the findings on page 13 of the staff
report; Robert N Lipnick seconded the motion Passed (4 - 2).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, Scott P McBride
Voting Against: Henry Pratt, John Rediker
4.5
A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town
Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for
retaining walls in excess of fifteen feet (15’) in height located on the proposed Lot 4,
currently located at Tract A, Middle Creek Subdivision (PEC24-0009)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group PEC24-0009 Staff Memo.pdf Attachment A. Variance Vicinity Map.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment C. Project Plans.pdf
Attachment D. Slope Analysis.pdf
Roy introduces the request. He reviews the site plan, sections, and criteria.
Smith asks if this is the first applicant subject to the 15-foot regulations? Roy confirms. Smith asks
procedural questions.
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Ruther addresses criteria 2, we don’t believe there is special privilege. In the absence of a variance
approval, the applicant is denied the chance granted for housing in other areas. In no instances are the
walls any taller than necessary to achieve development objectives. Timber Ridge, Lionsridge, Solar Vail,
and West Middle Creek face the same challenges. When it’s time to address the housing needs, only
the most physical challenging sites are left.
Adkins, Komppa, and Mason Talkington give a presentation discussing site considerations, like
technical considerations, maintaining setbacks to property lines, fire access, and site constraints.
The proposal could meet the 15-foot requirements, but they are requesting relief for the modular
approach to improve the qualitative aspect, and break down the scale of the walls. The monolithic
approach meets the criteria height criteria, but the DRB was not pleased aesthetically.
PEC and applicants discuss the heights and details of the modular approach.
They discuss the considerations of the bus stop and associated walls. Discussion of terraced areas
and how that plays into variance request.
Pratt asks how the wall will be perceived from the frontage road. Adkins says the modulation will
help mitigate the visual impact. Rediker asks about why there is an elevator. It is for ADA considerations.
Pratt asks if the Town was interested in running the bus up the drive with that many beds.
Ruther says they were interested, there were challenges with accessibility. If the town could get
the busses up there, we would prefer to have them on site. Smith says the user experience for the rider should also be considered.
Ruther says the Town is also considering an employee express route which would improve on
the experience. Smith asks about the mobility plan and if it will come back to PEC. Roy says it will depend on the
parking accommodations and count if it will require a mobility plan.
Smith asks about solar. The applicants are exploring that possibility in a couple of areas.
Jensen absolutely thinks the aesthetic approach is a better result. They have made a
convincing argument for the modulation. Rediker asks for public comment.
Steve Lindstrom is with the VLHA. There has been a big design evolution, he is encouraged by the
evolution, when you see it in action that’s what makes it worthwhile. This is making the best out of one
of these tough sites that is left.
Douglas Smith is in West Vail. He is in favor of anything we can do to strengthen and support the
bus system. Pratt is opposed to the project, but he does applaud this approach.
Lipnick says there will be greater access to the residents, and the requested design of the walls is better.
Smith says the intent of the Housing code change, was to free the PEC from variance requests regarding
wall height. The variance process isn’t well set up to be subjective and discretionary. Agrees this is
probably a better design but we should stick with the criteria or change it. It fails to meet the criteria.
Rediker references criteria 2. He respects staff analysis, but the request is achieving compatibility
with the objectives of Title 12. References 12-1, these purposes are being satisfied with these slight
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deviations in certain areas.
William A Jensen made a motion to Approve with the conditions and findings on page 9 and 10 of
the staff report; Robert N Lipnick seconded the motion Passed (4 - 1) (McBride absent).
Voting For: William A Jensen, Robert N Lipnick, Henry Pratt, John Rediker
Voting Against: Robyn Smith
5. Approval of Minutes
5.1 PEC Results 3-11-24 PEC_Results_3-11-24.pdf
Robert N Lipnick made a motion to Approve ; Robyn Smith seconded the motion Passed (5 - 0)
(McBride absent).
6. Information Update
Roy and Rediker thanks Pratt for his years of service on Town boards.
7. Adjournment
Henry Pratt made a motion to Adjourn ; Robert N Lipnick seconded the motion Passed (5 - 0)
(McBride absent).
Planning and Environmental Commission Meeting Minutes of March 25, 2024 55
Tract A
CDOT Acquisition Parcel- Not Designated -
Proposed parcel carvedfrom Tract A
Lot 4
N FRONTAGE RD W
I 70 Westbound
I 70 Eastbound
S FRONTAGE RD W I 70 ON-RAMP (176 WESTBOUND)
I
Subject Property
0 100 200 30050Feet
L a n d U s e A m e n d m e n t P r o p o s a lLand U s e 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 , L o t 4Middle C r e e k S u b d i v i s i o n , L o t 4
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
Lot 4
Tract AProposed parcel carvedfrom Tract A
N FRONTAGE RD W
I 70 Westbound
I 70 Eastbound
S FRONTAGE RD W I 70 ON-RAMP (176 WESTBOUND)
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: March 14, 2024
Proposed
Existing
High Density Residential Open Space Public/Semi-Public Medium Density Residential
56
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:April 16, 2024
TIME:15 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 05, Series of 2024, First Reading, an Ordinance
Repealing and Reenacting Chapter 1 of Title 7 of the Vail Town
Code and Repealing in Part Chapter 2 of Title 7 of the Vail Town
Code, Adopting by Reference the Model Traffic Code for
Colorado, 2020 Edition
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 05,
Series of 2024, upon first reading.
PRESENTER(S):Chief Ryan Kenney, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
MTC Memo 04162024
Ordinance No. 05 - Model Traffic Code
57
April 9, 2024
To: Town Council
Through: Russell Forrest
Town Manager
From: Ryan Kenney
Chief of Police
Subject: 2020 Model Traffic Code
In March of this year, staff met with Council to discuss the adoption of the 2020 Colorado Model
Traffic Code (MTC). Staff presented several recommended changes to the MTC before the Town
of Vail adopts the new code. These changes are outlined below and would ensure that the Town
of Vail’s current traffic codes would remain intact.
Below is a list of changes that staff is suggesting.
• Section 109(9) is amended to read as follows:
o No person shall use a roadway for traveling on skis, toboggans, coasting sleds,
skates, or similar devices. No person shall enter a roadway on roller skates or
riding in any coaster, toy vehicle, or similar device, except while crossing a
roadway in a crosswalk, and when so crossing such person shall be granted all of
the rights and shall be subject to all of the duties applicable to pedestrians. This
subsection shall not apply upon any street or portion thereof designated as a
limited play street for use of roller skates, skateboards or similar devices."
• Section 117(3) is amended to read as follows:
• Unless otherwise authorized, an EPAMD shall not be operated:
o On a limited-access highway;
o On a bike or pedestrian path; or
o At a speed of greater than twelve and one-half miles per hour.
• Sections 801 through 808 (pedestrian violations) shall not apply on streets or rights-of
way designated by the Town as pedestrian malls pursuant to Chapter 11 of Title 7 of this
Code.
• Section 1101(2) is amended to read as follows:
o Except when a special hazard exists that requires a lower speed, the following
speeds shall be lawful:
Fifteen (15) miles per hour in any business district;
Fifteen (15) miles per hour in any residential district;
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Town of Vail Page 2
Twenty (20) miles per hour on narrow, winding mountain roadways and
blind curves, and fifteen (15) miles per hour on the same when pedestrians
are present;
Forty (40) miles per hour on open mountain roadways;
Forty-five (45) miles per hour for all single rear-axle vehicles in the
business of trash disposal that exceed twenty thousand (20,000) pounds,
where higher speeds are posted, when said vehicle is loaded as an
exempted vehicle pursuant to Section 507(3);
Fifty-five (55) miles per hour on open highways which are not on the
interstate system, as defined in C.R.S. § 43-2-101(2);
Sixty-five (65) miles per hour on surfaced highways which are on the
interstate system, as defined in C.R.S. § 43-2-101(2); and
Any speed not in excess of a speed limit designated by an official traffic
control device.
One of the areas Council requested additional information on is the fine schedule which is covered
in Part 17 of the MTC. Currently, the Town Vail’s penalty schedule is determined by the
Municipal Judge and covered in section 7-1-6 of the Vail Town Code. The current process allows
for flexibility with changes to the fine schedule. It also means that we have an independent fine
schedule that conflicts with the MTC.
In researching other municipalities, it was difficult to get an accurate count of municipalities that
have adopted the 2020 MTC. Those who had adopted the 2020 MTC and reported that adoption
to the State, it is difficult to determine if they adopted the MTC in stock format or made changes.
Anecdotally we found that most agencies we spoke with are on the 2020 MTC and have adopted
Part 17 in full or with minimal changes.
To give Council a frame of reference, we have included a comparison of the most used traffic
statutes (attached). The first column is our current fines/point assessment. The second column is
what the Municipal Judge is suggesting, and the third column is the MTC. As you can see, most
of the MTC fines are in line with our current fines or slightly higher.
Staff is recommending the adoption of Part 17 of the MTC. Part 17 allows us to be consistent with
the State’s recommendations while still having the flexibility to change fines if Council decides a
change is needed. It also allows us to keep our judicial and executive branches of government
separate. Council approves a fine schedule, and the Municipal Judge applies that fine with their
legal discretion.
These changes will allow the Town of Vail to adopt the 2020 MTC while still maintaining the
safety standards we have established and address circumstances unique to Vail.
We are requesting Council adopt the 2020 Colorado Model Traffic Code with these suggestions.
59
MTC/Violation P/P Current Muni MTC State (in Brazos) 701 (1) Failure to Yield at uncontrolled
intersection $60 $150/3pt $80 $70
703 (3) Failed to obey stop sign $80/4pt $200/4pt $80 $70
710 (2) Failed to Yield to traffic or pedestrian $60 $200/4pt $80
$70 (traff) $30
(ped) 1903 (1) Failed to Stop for school bus with
flashing lights Summons Summons/6pt $110 Summons
1101 Speeding 1-4 MPH over posted limit $40 $50/0pt $36 $30
1101 Speeding 5-9 MPH over posted limit $60 $75/1pt $80 $70
1101 Speeding 10-14 MPH over posted limit $80 $200/4pt $151 $135
10-19 mph over
1101 Speeding 15-19 MPH over posted limit $90 $200/4pt $151
1101 Speeding 20-30 MPH over posted limit $125 $250/6pt $232 $200
20-24 mph over
Court
25-30 mph over
20-
24mph
1101 Speeding 31-39 MPH over posted limit
Summons $300/6pt Summons
1101 Speeding 40+ MPH over posted limit Summons Summons/12pt Summons Court
1401 (1) Reckless Driving Summons/8pt Summons/8pt Summons Court
1402 (2) Careless Driving $80 $200/4pt Summons $150 1004 Passed on right when not permitted or
safe $80 $200/4pt $110 $100
1008 (1) Following too closely $80 $200/4pt $110 $100
202 (1) Operated unsafe vehicle $40/2pt $100/2pt $45 $35
205-226 Lights, brakes & other equipment $40 $100/2pt $21 $15
1211 (1) Improper Backing $40 $100/2pt $15-$100 $30
1406 Littering streets or highways $150/0pt Summons/0pt $45 $100
603 Failed to obey traffic control devices $80 $200/4pt $110 $100
10.32.010 Driving without valid license Summons $150/3pt $45 $35
10.32.030 License expired one year or less Summons $100/0pt $21 $15
10.28.010 Registration required Summons Summons/NA $66 $75 10.28.040 Expired number plates/temporary
permit Summons $100/0pt $21 $15
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ORDINANCE NO. 05
SERIES 2024
AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF
TITLE 7 OF THE VAIL TOWN CODE AND REPEALING IN PART
CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY
REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, 2020
EDITION
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety
and reenacted to read as follows:
CHAPTER 1: TRAFFIC CODE
§ 7-1-1. MODEL TRAFFIC CODE ADOPTED.
The Town hereby adopts by reference the 2020 edition of the Model Traffic
Code promulgated and published by the Colorado Department of
Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard
Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic
Code provides a system of traffic regulation for the Town. Three (3) copies
of the Model Traffic Code shall be filed in with the Town Clerk and may be
inspected during regular business hours.
§ 7-1-2. AMENDMENTS.
The Model Traffic Code is amended as follows:
(A)Section 109(9) is amended to read as follows:
"(9)No person shall use a roadway for traveling on skis,
toboggans, coasting sleds, skates, or similar devices. No person
shall enter a roadway on roller skates or riding in any coaster, toy
vehicle, or similar device, except while crossing a roadway in a
crosswalk, and when so crossing such person shall be granted all of
the rights and shall be subject to all of the duties applicable to
pedestrians. This subsection shall not apply upon any street or
portion thereof designated as a limited play street for use of roller
skates, skateboards or similar devices."
(B)Section 117(3) is amended to read as follows:
"(3)Unless otherwise authorized, an EPAMD shall not be
operated:
(a)On a limited-access highway;
(b)On a bike or pedestrian path; or
(c)At a speed of greater than twelve and one-half miles per hour."
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(C)Sections 801 through 808 shall not apply on streets or rights-of way
designated by the Town as pedestrian malls pursuant to Chapter 11 of Title
7 of this Code.
(D)Section 1101(2) is amended to read as follows:
"(2)Except when a special hazard exists that requires a lower
speed, the following speeds shall be lawful:
(a)Fifteen (15) miles per hour in any business district;
(b)Fifteen (15) miles per hour in any residential district;
(c)Twenty (20) miles per hour on narrow, winding mountain
roadways and blind curves, and fifteen (15) miles per hour on the
same when pedestrians are present;
(d)Forty (40) miles per hour on open mountain roadways;
(e)Forty-five (45) miles per hour for all single rear-axle vehicles
in the business of trash disposal that exceed twenty thousand
(20,000) pounds, where higher speeds are posted, when said vehicle
is loaded as an exempted vehicle pursuant to Section 507(3);
(f)Fifty-five (55) miles per hour on open highways which are not
on the interstate system, as defined in C.R.S. § 43-2-101(2);
(g)Sixty-five (65) miles per hour on surfaced highways which are
on the interstate system, as defined in C.R.S. § 43-2-101(2); and
(h)Any speed not in excess of a speed limit designated by an
official traffic control device."
§ 7-1-4. APPLICABILITY.
The Model Traffic Code shall apply to every street, alley, sidewalk,
driveway, park, public way, private way and public or private parking area
within the corporate limits of the Town, the use of which the Town has
jurisdiction and authority to regulate.
Section 2.Section 7-2A-1 of the Vail Town Code is repealed in its entirety and
reenacted to read as follows:
§ 7-2A-1. TRAFFIC INFRACTIONS AND MISDEMEANORS.
Any violation of the Model Traffic Code shall be a traffic infraction, except
for the following sections which shall be misdemeanors:
(1)Section 607, Interference with Official Devices;
(2)Section 707, Stopping Requirements at Railroad Crossings;
(3)Section 1101, Speed Limits: Driving twenty-five (25) or more
miles per hour in excess of the reasonable and prudent speed or in excess
of the maximum lawful speed limit of seventy-five (75) miles per hour;
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(4)Section 1105, Speed Contests;
(5)Section 1401, Reckless Driving;
(6)Section 1402, Careless Driving;
(7)Section 1413, Eluding or Attempting to Elude; and
(8)Section 1903, Stopping for School Buses.
Section 3.Sections 7-2A-2, 7-2A-12, 7-2B-3, 7-2B-4 and 7-2B-5 of the Vail
Town Code are hereby repealed in their entirety.
Section 4.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5.The 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 6.The amendment of any provision of the Vail 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 7.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 16th day of April, 2024 and a
public hearing for second reading of this Ordinance set for the 7
th day of May, 2024, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of May, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
64
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:April 16, 2024
TIME:15 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 04, Series of 2024, First Reading, an Ordinance
Rezoning a Portion of Lot 4, Middle Creek Subdivision, a
Resubdivision of Tract A from General Use and Undesignated to
Housing (H)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 4, Series
of 2024 upon first reading.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ord #4 of 2024 Staff Memo
Attachment A. Ordinance No. 4, Series of 2024
Attachment B. PEC24-0008 Staff Report 3-25-24
Attachment C. PEC Results 3-25-24
Attachment D. Zone District Amendment Map
65
TO: Town Council
FROM: Community Development Department
DATE: April 16, 2024
SUBJECT: First reading of Ordinance No. 4, Series of 2024, an ordinance rezoning a portion
of Lot 4, Middle Creek Subdivision, a Resubdivision of Tract A.
Applicant: Town of Vail and Corum Real Estate Group
Planner: Greg Roy
I. SUMMARY
The applicants, Town of Vail and Corum Real Estate Group, are requesting approval from
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 proposed Lot 4 currently
located at Tract A, Middle Creek Subdivision, from the General Use (GU) and Natural
Area Preservation (NAP) Districts to the Housing (H) District. (PEC24-0008). PEC voted
4-2 (Rediker and Pratt opposed), to recommend approval of the zone district boundary
amendment.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
4, Series of 2024 on first reading.
III. DESCRIPTION OF REQUEST
The applicants are requesting approval of a zone district boundary amendment, pursuant
to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of the proposed
Lot 4 currently located at Tract A, Middle Creek Subdivision, from the General Use (GU)
and Natural Area Preservation (NAP) Districts to the Housing (H) District . The rezoning
is proposed to accommodate development of workforce housing on Lot 4.
A. Ordinance No. 4, Series of 2024
B. PEC24-0008 Staff Report 3-25-24
C. PEC Results 3-25-24
D. Zone District Amendment
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Town of Vail Page 2
IV. 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.
In 2022, the Town processed a minor subdivision application create a Lot 4 and Lot 5
over the existing Tract A. This was accompanied by a land use plan amendment to
change the land use from Open Space to Public/Semi -Public and High Density
Residential, and a zone district boundary amendment to change the zoning from Natural
Area Preservation to Housing and General Use. The land use amendment and zone
district boundary amendment were subsequently approved by Town Council. The Minor
Subdivision was approved by the PE C, but the plat was never recorded, thus the
approved lots were not created and that approval has since lapsed. The resulting
condition is that there are multiple land uses and zone districts on the Tract A parcel.
Since 2022, the possibilities for the site have continued to be studied and a preferred
option decided upon, which requires a different configuration for the subdivision and
accompanying land use and zoning amendment. The applicant was also able to work with
CDOT to acquire a portion of the right-of-way to include in the proposed Lot 4. As this
portion of the proposed Lot 4 is right-of-way, it has no underlying land use or zoning and
requires a designation when incorporated into a developable lot. The PEC r eviewed
conceptual ideas for the development at the January 8th joint work session of the PEC
and DRB. The project has been working through conceptual meetings with the DRB since
then.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2024, on
first reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“The Vail Town Council approves, on first reading, Ordinance No.4, Series
of 2024, an ordinance rezoning a portion of Lot 4, Middle Creek Subdivision,
a Resubdivision of Tract A from the General Use (GU) and Natural Area
Preservation (NAP) Districts to the Housing (H) District. ”
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Town of Vail Page 3
Should the Vail Town Council choose to approve Ordinance No. 4 Series of 2024, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:
1. That the amendment is consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development
objectives of the town; and
2. That the amendment furthers the general and specific purposes of
the zoning regulations; and
3. That the amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character
as a resort and residential community of the highest quality.”
Vl. ATTACHMENTS
A. Ordinance No. 4, Series of 2024
B. PEC24-0008 Staff Report 3-25-24
C. PEC Results 3-25-24
D. Zone District Amendment
68
ORDINANCE NO. 4
SERIES OF 2024
AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE
AND UNDESIGNATED TO HOUSING (H)
WHEREAS, the Town is in the process of acquiring the real property more
particularly described and depicted in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property");
WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land
Use Plan, via Resolution 27, Series of 1986;
WHEREAS, on February 26, 2024, the Town filed an application to rezone the
Property from undesignated and General Use (GU) to Housing (H) and to update the Vail
Land Use Plan accordingly (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on March 25, 2024, the Planning and Environmental Commission (the
"PEC") held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on April 16, 2023, 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 Application and
recommendation of the Planning Commission, hearing the statements of Town staff 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, the priorities of
the Vail Town Council Action 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 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 .
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2
Section 2. Based on the foregoing findings, the Town Council hereby rezones
the Property from undesignated and General Use (GU) to Housing (H).
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 affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town 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 16th day of April, 2024 and a
public hearing for second reading of this Ordinance set for the ___ day of ____________,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
70
3
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _____ day of ____, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
71
4
EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A
72
To: Planning and Environmental Commission
From: Community Development Department
Date: March 25, 2024
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 proposed Lot 4 currently located at Tract A, Middle
Creek Subdivision, from the General Use (GU) and Natural Area Preservation
(NAP) Districts to the Housing (H) District. (PEC24-0008)
Applicants: Town of Vail and Corum Real Estate Group
Planner: Greg Roy
I. SUMMARY
The applicants, Town of Vail and Corum Real Estate Group, are requesting a
recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of the
proposed Lot 4 currently located at Tract A, Middle Creek Subdivision, from the General
Use (GU) and Natural Area Preservation (NAP) Districts to the Housing (H) District.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a recommendation
of approval, to the Vail Town Council, for a zone district boundary amendment, subject
to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12 -3-7, Amendment, Vail Town Code, to allow
for the rezoning of the proposed Lot 4 currently located at Tract A, Middle Creek
Subdivision, from the General Use (GU) and Natural Area Preservation (NAP) Districts to
the Housing (H) District. The rezoning is proposed to accommodate the proposed
development of workforce housing on Lot 4.
The map below shows the existing Official Zoning Map and the result of the amendment
if approved by the Town Council.
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Town of Vail Page 2
III. 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.
In 2022 the Town processed a minor subdivision application create a Lot 4 and Lot 5 over
the existing Tract A. This was accompanied by a land use plan amendment to change the
land use from Open Space to Public/Semi-Public and High Density Residential, and a
zone district boundary amendment to change the zoning from Natural Area Prese rvation
to Housing and General Use. The land use amendment and zone district boundary
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Town of Vail Page 3
amendment were subsequently approved by Town Council. The Minor Subdivision was
approved by the PEC, but the plat was never recorded by Town Staff, thus the approved
lots were not created and that approval has since lapsed. The resulting condition is that
there are multiple land uses and zone districts on the Tract A parcel.
Since 2022, the possibilities for the site have continued to be studied and a preferred
option decided upon, which requires a different configuration for the subdivision and
accompanying land use and zoning amendment. The applicant was also able to work with
CDOT to acquire a portion of the right-of-way to include in the proposed Lot 4. As this
portion of the proposed Lot 4 is right-of-way, it has no underlying land use or zoning and
requires a designation when incorporated into a developable lot. The PEC reviewed
conceptual ideas for the development at the January 8th joint work session of the PEC
and DRB. The project has been working through conceptual meetings with the DRB since
then.
IV. APPLICABLE PLANNING DOCUMENTS
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 with in 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
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Town of Vail Page 4
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:
(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.
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Town of Vail Page 5
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
(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)
Chapter ll – Land Use Plan Goals/Policies
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between
residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.6. Development proposals on the hillsides should be evaluated on a case by case basis.
Limited development may be permitted for some low intensity uses in areas that are not
highly visible from the Valley floor. New projects should be carefully controlled and
developed with sensitivity to the environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.10. Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for public
use.
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Town of Vail Page 6
1.12. Vail should accommodate most of the additional growth in existing developed areas
(infill
areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions.
5.4. Residential growth should keep pace with the marketplace demands for a full range
of housing types.
5.5. The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the
community.
6. Community Services
6.2. The Town of Vail should play a role in future development through balancing growth
with services.
Chapter Vlll – Implementation
2. Key Goals
B. Residential Uses
1. Additional residential growth should continue to occur primarily in existing, platted
areas.
2. New subdivisions should not be permitted in proven high geologic hazard areas.
3. Development proposals on the hillsides may be appropriate, in a limited number of
cases, for low density residential uses. These proposals would need to be evaluated on
a case-by-case basis, with development being carefully controlled as to sensitivity to the
environment and visibility from the Valley floor.
E. General Growth and Development
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
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Town of Vail Page 7
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.
2018 Open Lands Plan (in part)
Executive Summary – Town-owned Lands and Use of Land
“This update process included the evaluation of all Town -owned lands to identify any
parcels that may be suitable for Town use. None of the Town’s vacant parcels are suitable
for the development of public uses or community-oriented facilities.”
Vail 2020 Strategic Action Plan (in part)
Land Use and Development
“Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development”
V. SURROUNDING LAND USES
Existing Use Zone District
North: US Forest Land NA
South: Lionshead
Redevelopment
Master Plan
General Use (GU)/Lionshead Mixed Use 1
East: Open Space, High
Density Residential,
Public/semi-public
Natural Area Preservation (NAP), General Use
(GU)/Housing(H)
W est: Open Space, Medium
Density Residential
Natural Area Preservation (NAP), Housing
VI. SITE ANALYSIS
Address: 199 North Frontage Road West
Legal Description: Lot 4, Middle Creek Subdivision a Resubdivision of
Tract A (proposed PEC24-0010)
Existing Zoning: Natural Area Preservation (NAP) District, General
Use (GU)
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Town of Vail Page 8
Proposed Zoning: Housing (H) District
Land Use Plan Designation: Open Space, High Density Residential, and
Public/Semi-Public
Proposed Land Use Designation: High Density Residential (PEC24-0007)
Geological Hazards: Moderate Hazard Debris Zone, Medium Severity
Rockfall, Steep Slope
Development
Standard
Natural Area
Preservation
(NAP)
Housing (H)
Lot Size NA 10,000 SF Minimum
Minimum Setbacks NA 20’ Front
15’ Sides and Rear
Maximum Height NA
NA
82.5 Feet
Density NA No max
Site coverage
maximum
NA Max. 55% of site area
Minimum
Landscaping
NA Min. 25% of site area
VII. REVIEW CRITERIA
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the Planning and Environmental Commission
shall consider the following factors with respect to this proposal:
1. The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of
the town.
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 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 when viewing from the valley floor below. 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
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Town of Vail Page 9
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 appears to allow for hillside development of
public land as long as it serves a public purpose. As the purpose of the zone district
boundary amendment is to allow for housing, those requirements would be met.
Staff finds that the proposed zone district amendment meets 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.
With the previous applications for this area, the PEC and Town Council recognized that
Housing is a suitable designation for the area. Part of this area was also zoned the
General Use District, which has many possible uses including employee housing units.
The change from General Use to Housing reduces the possibilities of that portion of Lot
4 and provides greater surety of the resulting development.
Staff finds the proposed rezoning meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, w orkable relationship among land uses consistent with municipal
development objectives.
The proposed zone district amendment to Housing (H) is consistent with the zoning on
some of the site as it was previously changed, as well as the property to the east and
west. There is a similar land use pattern in town along the north side of the interstate
where developable portions of sites adjacent to the road are designated for residential or
commercial use while areas of the hillside above are reserved for open space. This is in
line with the land use plan goal 1.6 to avoid development on hillsides:
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in areas
that are not highly visible from the Valley floor. New projects should be carefully
controlled and developed with sensitivity to the environment.
The addition of the area of right-of-way to the proposed lot 4 allows for the proposed
zoned area, and development on the site, to be situated lower on the hillside and directly
adjacent to the frontage road.
Similar sites in the immediate area have been zoned Housing recently such as Lot 3 of
Middle Creek and Solar Vail. The addition of another Housing zoned lot at this location
meets the development objectives of the town by creating area for additional workforce
housing as noted in the Land Use Plan goal below:
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Town of Vail Page 10
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
As the goal notes, additional housing should be accommodated throughout the
community, and a continuation housing along this section of the frontage road is a logical
site to add area for Housing.
Staff finds the proposed rezoning meets this review criterion.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
The proposed zone district amendment provides the appropriate incentives for the orderly
redevelopment of the subject properties. The area along the frontage road has already
been developed with housing developments. Continuing those uses in this area will
provide an orderly development that is in the best interest of the larger community . The
proposed rezoning will connect the Housing zone district between Solar Vail and Middle
Creek.
The land use has previously been changed for a portion of the proposed lot 4 to
incorporate high density residential and public/semi-public uses. The concurrent
application (PEC24-0007) is proposed to amend the land use plan to support a high
density residential use on the entirety of the proposed Lot 4. If this application is
successful, a rezoning to the Housing district will be consistent with the Land Use Plan.
As noted in Section lV above, there are many goals and objectives in the comprehensive
plan to support additional sites for work force housing. Specifically, there is goal 1.1 out
of the Land Use Plan that stipulates that there should be a balance between residential,
commercial and recreational uses.
“1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.”
The approval of this application would result in the loss of some area zoned Natural Area
Preservation (NAP). This would be acceptable as the Town works to meet the goal 1.1
above and find a balance between residential and recreational uses. While the site could
be utilized for outdoor recreation under the NAP, there are other areas that share the NAP
zoning. There are fewer areas in town that are suitable for development of high density
residential uses like Housing, and this amendment works towards balancing that mix of
uses.
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Town of Vail Page 11
Staff finds the proposed rezoning meets this review criterion.
5. The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features.
The amendment does not have any significant impacts to the natural environment. It will
increase the development opportunities on the lower portion of the site . The applicant
wishes to utilize the environmental impact report (EIR) from the 2022 application for a
rezoning (attachment C). This was in the same area and would likely result in similar
findings. The EIR has a summary of findings that lists potential impacts from development
of the site (attachment D). From staff’s analysis there are many potential impacts that
could be mitigated with best management practices during construction, appropriate
spacing and setback from Middle Creek. There are potential impacts to migratory birds if
construction takes place during the summer, and the loss of potential habitat for some
animals. These impacts are unlikely to be able to be mitigated, but the report does note
the potential impacts as “minimal.”
The proposed zoning change to this existing development would not significantly
negatively affect riparian corridors, air quality, water quality, or other environmental
aspects.
Staff finds the proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
The proposed zone district amendment is consistent with the purpose statements for the
Housing district. 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.
The addition of Housing to this area of Town will allow for a concentration of services ,
such as bus transportation, that may not be as readily available in another location.
Staff believes the proposed rezoning meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
The property was zoned to its original 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
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Town of Vail Page 12
time that Middle Creek Housing was built, Solar Vail was rezoned and completed, and
Residences at Main Vail was completed. These developments have changed the area
from a largely untouched area north of the interstate to a developed area that is occupied
by large buildings. The conditions around the time 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.
The most recent designation on a portion of the subject property did change to Housing,
with the remaining portions being General Use (GU) or remaining in the original 1995
classification of Natural Area Preservation (NAP). This application to change the
proposed lot, including the piece of right-of-way to be incorporated, recognizes the need
for housing as critical to the community. When contemplated in 2022, the access to the
site was envisioned to utilize Middle Creek site’s access road and then bridge across
Middle Creek. This proposal was then revised and avoids development over and around
Middle Creek and ensures it is protected, as the majority of the EIR impacts were water
quality related.
The revised approach to the site avoids Middle Creek, but necessitates longer access
drives, and shifts the development closer to the frontage road to impact less of the hill.
The reconfiguration of the lot reduced the possibility for an on-site child learning facility
and now does not require the GU zoning designation to accommodate that use. As stated
previously, the proposed designation is similar to other areas of town, with the lowest
section of subdivisions being a developable zone district while the upper portion is
maintained as open space. This application seeks to mimic that configuration and
continue the Housing zone district in the furthest southern portion of the existing Tract A.
This will allow for access and development of this southern area.
Staff believes the proposed rezoning meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval, to the Vail Town Council, for a
zone district boundary amendment, pursuant to Section 12 -3-7, Amendment, Vail Town
Code, to allow for the rezoning of the proposed Lot 4 currently located at Tract A, Middle
Creek Subdivision, from the General Use (GU) and Natural Area Preservation (NAP)
Districts to the Housing (H) District and setting details in regard thereto. (PEC24-0008)
Staff’s recommendation is based upon the review of the criteria described in Section VII
of this memorandum and the evidence and testimony presented.
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Town of Vail Page 13
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, to the Vail Town Council, for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning
of the proposed Lot 4 currently located at Tract A, Middle Creek Subdivision, from
the General Use (GU) and Natural Area Preservation (NAP) Districts to the Housing
(H) District and setting details in regard thereto. (PEC24-0008)”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff memorandum
to the Planning and Environmental Commission dated March 25, 2024 and the
evidence and testimony presented, the Planning and Environmental Commission
finds:
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.
IX. ATTACHMENTS
A. Zone District Amendment Map
B. Applicant Narrative 3-25-2024
C. Terracon EIR 2-12-2022
D. Terracon EIR Summary 2-12-2022
E. Hazard Map
F. Slope Analysis
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Planning and Environmental Commission Minutes
Monday, March 25, 2024
1:00 PM
Vail Town Council Chambers
Present: Robert N Lipnick
William A Jensen
Scott P McBride
John Rediker
Henry Pratt
Robyn Smith
Absent: Brad Hagedorn
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
3.1
A work session of the Planning and Environmental Commission to review a
Major Exterior Alteration, pursuant to Section 12-7B-7 Exterior Alterations or
Modifications, Vail Town Code for a new mixed-use building located at 17 Vail
Road, Vail Village Filing No. 2, Lot G. (PEC24-0011)
Work session Memo 3-25-24.pdf
PEC Worksession.pdf
Attachment A. Vicinity Map Firstbank.pdf
The applicants are represented by Jim Telling and Lou Bieker. They introduce the proposed
project. They give a presentation about the existing context and zoning standards. They walk
through the proposed site plan, parking, units on site, landscaping, and floor plans.
PEC expresses concerns that there is enough customer parking.
Applicants walk through the contemplated materials and architecture.
Rediker asks for public comment.
Matthew Wyatt represents the Vail Religious Foundation. CC1 does not allow for surface parking. He
talks about the terms of the parking easement agreement. They have concerns about the public
access and parking.
Michelle Taylor is with the Villa Cortina board. There is a concern about how close the new building is
to the property line. There wouldn’t be a problem if the large trees were to remain. The underground
garage to the property line will endanger the old trees in that area. She talks about the surface parking
on the north of the site, and access in the area.
Rediker asks for commissioner comments.
McBride has concerns about congestion, egress and ingress, shading, and public access to bank.
Jensen has concerns about the parking setup and management. The current maturity of the
landscape provides a lot of value for the community.
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Smith thanks applicants for efforts to conform with zoning regulations. If the trees will have to go, it’s
better to acknowledge it up front. The standards are applied consistently and appropriately regardless
of ownership. From a public perspective, ideally there isn’t a surface lot on the corner of that street.
Lipnick says the idea is great, reiterates concern about five surface parking spaces. Concerned about
access to residences, working out concerns with neighbors. What does the Town think about the
four spaces they own?
Pratt discloses his company’s name is on old First Bank drawings, he never worked on it. He has long
history of working with applicants, no financial interest in this, it’s his last meeting. Biggest issues are
with parking and loading; going from 11-12 surface spaces to 5-6. The snow storage is designed to
meet the letter of the law, will have practical difficulties. Deliveries in this little lot will inhibit parking,
CC1 requires you to take care of loading and delivery on site.
Rediker says he would like a better understanding of the roof plan and roof heights, and how the
design guide fits in it. Also raises no net loss landscaping, loading and delivery, neighbor concerns. If
issues can be worked out with neighbors in advance it is good outcome for everybody. Also concerns
with parking and congestion. He talks about the standards of CC1 with regard to setbacks and fire
resistant landscaping.
3.2
A work session of the Planning and Environmental Commission to review the
West Vail Master Plan – Chapter 2: West Vail Center for the future prescribed
regulations amendment application
Presenter: Matt Gennett, Community Development Director
Memo WVMP Phase 2 PEC 032524.pdf
West Vail Presentation.pdf
Community Development Director Gennett offers to table the item.
Robert N Lipnick made a motion to Table to the April 15, 2024 meeting; Scott P McBride seconded the
motion Passed (5-0).
4.Main Agenda
4.1 A request for the review of a variance from Section 12-6H -6 Setbacks, Vail Town
Code in accordance with the provisions of Section 12- 17, Variances, Vail Town
Code, to allow for the alteration of the front entry stair and roof within the front
setback, located at 114 Willow Road, Vail Village Filing 1 Block 6 Lot 7, Riva Ridge
Chalets South and setting forth details in regard thereto. (PEC23-0030)
Planner: Heather Knight
Applicant Name: Riva Ridge Chalets South, represented by Pierce Austin Architects
PEC23-0030_StaffMemo.pdf
Attachment A - PAA Project Narrative.pdf
Attachment B - PEC23-0030 Architectural.pdf
Attachment C - Vicinity Map.pdf
Planner Knight gives a presentation on the request. She talks about the context, zoning, and site plan.
Public Works does not have any concerns with the proposal.
Rediker says the building is encroaching on the setbacks, were the setbacks changed at some point?
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William Pierce and Jordan Kalasnik with Pierce Austin Architects are representing the applicant.
The zoning and setbacks were retroactively applied to the building as it predated the current
zoning.
Smith asks if the neighborhood has had similar variances for setbacks. Knight confirms.
The applicants give a presentation.
Jensen asks about landscaping. Kalasnik says a tree would be removed that doesn’t meet fire
code, along with concrete planter boxes, and new planter boxes will be installed.
Smith asks if the deck above the entryway is changing. Kalasnik says no. The encroachment is
approximately 2.5 feet, they’re looking at this as an architectural feature and to improve the
safety of the stairs by protecting them.
Rediker asks for public comment. There is none.
Rediker looked at criteria, setbacks applied retroactively creates a lot of difficulties. Agrees with
staff analysis that criteria are met.
Robert N Lipnick made a motion to Approve with the findings on page 11 of the staff report; Scott
P McBride seconded the motion Passed (6 - 0).
4.2 A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to create Lot 4, Middle Creek Subdivision,
located at Tract A, Middle Creek Subdivision. (PEC24-0010)
Planner: Greg Roy
Applicant Name: Town of Vail and Corum Real Estate Group
PEC24-0010 Staff memorandum.pdf
Attachment A. Final Plat dated 2-22-2024.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf
Attachment G. Vicinity Map Minor Subdivision.pdf
Planner Roy introduces the request. He walks through the history and proposed plat.
Rediker asks if there are utilities in the easement. Roy says he will have to check with ERWSD for
more details. They are looking to extend their lines on the north side of the frontage road related to
this project.
Roy continues with presentation. He walks through criteria and proposed conditions, proposing
to change the timing on some conditions.
Rediker asks for more information about the Open Lands plan.
Roy says it was done in 2018, this was not among those because it was looking at all of Tract A,
but it also didn’t have lot 4 separated out at that time. Open Lands Plan may have had a different
position if that lot was created at that time.
Pratt asks if there is a copy of the previous plat. Roy says he can indicate the areas in the presentation.
The applicant team is represented by George Ruther, Eric Komppa, Jesse Adkins, and Mason
Talkington.
Ruther gives an introduction and talks about the history. At the direction of Council, Community
Development did a feasibility study of developing housing on that site and a determination that a portion
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of Tract A was a developable lot. The 30-foot easement with ERWSD does not have anything in it today,
and is being vacated on this plat. Future improvements would be in the right of way. They are proposing
to change timing of the conditions from the recordation of plat to the building permit.
Rediker asks for public comment. There is none.
Lipnick reviewed criteria and is in support.
Jensen supports this, but it is stressful with the outstanding issues and impending closing. Roy clarifies
the ERWSD concerns.
Rediker asks about the current zoning.
Pratt says in 2022 he did not agree with this and still doesn’t. It does not meet criteria #7. The Open
Lands plan does not identify this as developable land. It does not meet criteria 8 and the preservation
of hillsides. What was approved in 2022 was supposed to be focused on the eastern part of this. Not
in favor of this.
Smith agrees with Lipnick. This meets the criteria as it relates to the minor subdivision.
McBride appreciates staff’s findings in the memo. There is a difference now between what was
addressed in the 2018 Open Lands plan. He echoes Jensen’s comments that this feels rushed, it’s
not ideal to be put in that situation.
Rediker confirms none of this goes forward unless there is a title report.
Scott P McBride made a motion to Approve with the findings and conditions on page 16 of the
staff report and amending conditions 2, 3, and 4, replacing “prior to recording of the plat” with
“prior to applying for a building permit” and amending condition 1, replacing “prior to the
issuance of” with “prior to applying for”; Robert N Lipnick seconded the motion Passed (5 - 1).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, John Rediker, Scott P McBride Voting Against: Henry Pratt
4.3
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 Land
Use Plan, to change the designation of the proposed Lot 4, currently located at Tract A,
Middle Creek Subdivision, from Open Space and Public/Semi-Public to High Density
Residential. (PEC24-0007)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group PEC24-0007 Staff Memorandum.pdf Attachment A. Proposed Land Use Amendment.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf Items 4.3 and 4.4 are heard concurrently.
Planner Roy gives an introduction.
Rediker asks if an update is needed for the Environmental Impact Report (EIR). Roy says an update
may be appropriate, but the significant findings would not be expected to change. Jensen says if this was a non-governmental developer, how would this go. Could an updated EIR be a
condition. Roy says that could be appropriate.
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Rediker thinks an update is appropriate, wants to understand that the impacts will not become
more acute. Pratt says the proposal includes a 60-foot cut on the west end, which could have impacts as well.
Smith says it was a little bit unusual when that EIR was requested at the time. If it was a
private developer, we would have waited until there was a development to evaluate. Roy says that’s correct; it was a general evaluation.
Smith wants to make sure we’re asking for the information we need and asking for it at the right time.
Is there a way for the administrator to ask for an update of the environmental impacts that are of
concern and driven by the development plan.
Jensen suggests recommending to council that the EIR be revisited with this new information.
Rediker says he has a difficult time seeing the criteria being met, without assurances on the EIR.
Ruther says regarding the land use criteria, it doesn’t need to be something in error for the planning
commissions to approve this. We don’t believe it’s in error, just that conditions have changed. There
are demonstrated results of the need for housing from the last 50 years, identify sites for future
housing that may have been overlooked in the past. He talks about the history of the site. We know
now more today about these sites, than when the application came through. The EIR can be
updated, but that original also looked at the surrounding areas above and to the west of lots four and
five. He talks about the soils report.
McBride says we’re increasing Lot 4, what’s the best answer to say this is justified to take away
open space. Ruther says that was one of the considerations Council had when Community Development was
directed to identify sites for housing in the community. There is the consideration that not all open
space was created equally, and the Town has since amended its development regulations. The Town
knows more today about that specific space than when it was put into the NAP zone district.
McBride says given the original and proposed size of lot 4, what is the difference in employee
housing that is available? Ruther says the original approval were in the range of 150-175 dwelling units, with the added land
area the design was increased to 260-270 dwelling units. Jensen says another town had two types of open space, and housing development were permitted
within one designation. Something to think about. Roy talks about the difference between designated open space and NAP zoning.
Smith is on the open lands board. The Town has looked at the designations over time, many
parcels have changed zoning and land use. This parcel has not been identified as highly
environmentally sensitive.
Rediker asks about the application in 2022. Ruther clarifies. The General Use (GU) designation was
put in place so that it could accommodate customary or incidental uses if that was deemed desirable. Roy and Smith discuss uses in GU and Housing district.
Rediker asks about the regulatory buffers around Middle Creek. Roy states that in terms of the lot and stream setbacks, the more restrictive measure applies.
Rediker’s wants to make sure there are no more negative impacts to the watershed.
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Roy says the EIR looked at water quality issues and included best management practices for
mitigation. It appears the access road will be on that side of the lot, snow storage will be another
consideration in that area.
Smith asks how these concerns can be incorporated.
Roy says it can be included in the recommendation to council.
Jensen says the reality is we’re only making a recommendation here. He likes the language of
when a building permit is issued, so it knows what we’re dealing with. Ruther says they have been sensitive not mixing the development application with the land use
applications. But for context, the nearest building to is roughly 200 feet from the two year flood line.
There is also an environmental sustainability group on the development team. If you recommend the
EIR be updated, suggest that it is prior to applying for building permits.
Lipnick asks how long would the EIR update take?
Ruther says he’s hopeful it could be done in 6-8 weeks, but he doesn’t know the schedule for sure.
We are supportive of an updated EIR, let’s get it at the appropriate time. Rediker asks if there is anything further to share regarding the slope analysis.
Ruther says in order to address this housing problem, we’re all forced to deal with the more
challenging and constraining sites, valley wide. Rediker asks for public comment. There is none.
Pratt disagrees that these are developable sites that we need to build housing. The process to get
here is death by one thousand cuts. The proposal has changed, the Town has removed 40% slope
restrictions, removed the PEC from review, and changed retaining wall heights. We’re looking at a
building with 60-foot-high retaining walls, and a hillside that has been identified as open space. As we
go through housing projects, we need to deal with quality-of-life issues. We’re rushing headlong into
this, especially given that the future is changing so fast. Agrees we need housing, but this isn’t the
place and the process has been railroaded.
Lipnick says the critical issue in this valley is housing. The lots above the North Frontage Road
have been identified as opportunities, he supports this project. There are things that need to be
updated but supports housing in this town. Others have suggested housing down valley, but it
brings into play commuting and parking issues. Having housing in the town is critical.
Smith finds that the criteria has been met for the land use and zone district boundary amendment.
She hears what Pratt says, but every time we’ve had the opportunity to infill housing in residential
neighborhoods the argument has always been just not here, not now. And now 40 years later, we
have reached a crisis point. We know it is large, high-density housing. It meets the criteria, there is a
valid opportunity to get another look at the EIR, that is a separate consideration.
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Rediker believes the criteria is met in 4.3. He is struggling with 4.4, which has different set of criteria.
He has concerns with criteria 5. The PEC has a desire to update the EIR and design to have minimal
impacts on west middle creek. Concerned about changing zoning without assurances the proper
protections will be in place in terms of protecting the natural environment.
Robyn Smith made a motion to Recommend for approval with the findings on page 9 of the staff
report; Robert N Lipnick seconded the motion Passed (5 - 1).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, John Rediker, Scott P McBride
Voting Against: Henry Pratt
4.4 A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12- 3-7, Amendment, Vail Town
Code, to allow for the rezoning of the proposed Lot 4 currently located at Tract
A, Middle Creek Subdivision, from the General Use (GU) and Natural Area
Preservation (NAP) Districts to the Housing (H) District. (PEC24-0008)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group Attachment A. Zone District Amendment Map.pdf Attachment B. Applicant Narrative 3-25-24.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf
PEC24-0008 Staff Memo.pdf
Robyn Smith made a motion to Recommend for approval with the findings on page 13 of the staff
report; Robert N Lipnick seconded the motion Passed (4 - 2).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, Scott P McBride
Voting Against: Henry Pratt, John Rediker
4.5
A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town
Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for
retaining walls in excess of fifteen feet (15’) in height located on the proposed Lot 4,
currently located at Tract A, Middle Creek Subdivision (PEC24-0009)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group PEC24-0009 Staff Memo.pdf Attachment A. Variance Vicinity Map.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment C. Project Plans.pdf
Attachment D. Slope Analysis.pdf
Roy introduces the request. He reviews the site plan, sections, and criteria.
Smith asks if this is the first applicant subject to the 15-foot regulations? Roy confirms. Smith asks
procedural questions.
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Ruther addresses criteria 2, we don’t believe there is special privilege. In the absence of a variance
approval, the applicant is denied the chance granted for housing in other areas. In no instances are the
walls any taller than necessary to achieve development objectives. Timber Ridge, Lionsridge, Solar Vail,
and West Middle Creek face the same challenges. When it’s time to address the housing needs, only
the most physical challenging sites are left.
Adkins, Komppa, and Mason Talkington give a presentation discussing site considerations, like
technical considerations, maintaining setbacks to property lines, fire access, and site constraints.
The proposal could meet the 15-foot requirements, but they are requesting relief for the modular
approach to improve the qualitative aspect, and break down the scale of the walls. The monolithic
approach meets the criteria height criteria, but the DRB was not pleased aesthetically.
PEC and applicants discuss the heights and details of the modular approach.
They discuss the considerations of the bus stop and associated walls. Discussion of terraced areas
and how that plays into variance request.
Pratt asks how the wall will be perceived from the frontage road. Adkins says the modulation will
help mitigate the visual impact. Rediker asks about why there is an elevator. It is for ADA considerations.
Pratt asks if the Town was interested in running the bus up the drive with that many beds.
Ruther says they were interested, there were challenges with accessibility. If the town could get
the busses up there, we would prefer to have them on site. Smith says the user experience for the rider should also be considered.
Ruther says the Town is also considering an employee express route which would improve on
the experience. Smith asks about the mobility plan and if it will come back to PEC. Roy says it will depend on the
parking accommodations and count if it will require a mobility plan.
Smith asks about solar. The applicants are exploring that possibility in a couple of areas.
Jensen absolutely thinks the aesthetic approach is a better result. They have made a
convincing argument for the modulation. Rediker asks for public comment.
Steve Lindstrom is with the VLHA. There has been a big design evolution, he is encouraged by the
evolution, when you see it in action that’s what makes it worthwhile. This is making the best out of one
of these tough sites that is left.
Douglas Smith is in West Vail. He is in favor of anything we can do to strengthen and support the
bus system. Pratt is opposed to the project, but he does applaud this approach.
Lipnick says there will be greater access to the residents, and the requested design of the walls is better.
Smith says the intent of the Housing code change, was to free the PEC from variance requests regarding
wall height. The variance process isn’t well set up to be subjective and discretionary. Agrees this is
probably a better design but we should stick with the criteria or change it. It fails to meet the criteria.
Rediker references criteria 2. He respects staff analysis, but the request is achieving compatibility
with the objectives of Title 12. References 12-1, these purposes are being satisfied with these slight
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deviations in certain areas.
William A Jensen made a motion to Approve with the conditions and findings on page 9 and 10 of
the staff report; Robert N Lipnick seconded the motion Passed (4 - 1) (McBride absent).
Voting For: William A Jensen, Robert N Lipnick, Henry Pratt, John Rediker
Voting Against: Robyn Smith
5. Approval of Minutes
5.1 PEC Results 3-11-24 PEC_Results_3-11-24.pdf
Robert N Lipnick made a motion to Approve ; Robyn Smith seconded the motion Passed (5 - 0)
(McBride absent).
6. Information Update
Roy and Rediker thanks Pratt for his years of service on Town boards.
7. Adjournment
Henry Pratt made a motion to Adjourn ; Robert N Lipnick seconded the motion Passed (5 - 0)
(McBride absent).
Planning and Environmental Commission Meeting Minutes of March 25, 2024 94
Tract A
CDOT Acquisition Parcel- Not Designated -
Proposed parcel carvedfrom Tract A
Lot 4
N FRONTAGE RD W
I 70 Westbound
I 70 Eastbound
S FRONTAGE RD W I 70 ON-RAMP (176 WESTBOUND)
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 , L o t 4Middle C r e e k S u b d i v i s i o n , L o t 4
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
Lot 4
Tract AProposed parcel carvedfrom Tract A
N FRONTAGE RD W
I 70 Westbound
I 70 Eastbound
S FRONTAGE RD W I 70 ON-RAMP (176 WESTBOUND)
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: March 14, 2024
Proposed
Existing
Housing (H )Natural Area Preservation (NAP)General Use (GU)
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