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Upper Blue Planning Commission recommends denial of rezoning request for Ten Mile Vista lot

Upper Blue Planning Commission · March 1, 2026
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Summary

The Upper Blue Planning Commission voted 7-0 on Oct. 24 to recommend the Board of County Commissioners deny PLN23-075, a request to rezone a 3.71-acre Lot 13 in Ten Mile Vista from RME to PUD to allow one additional deed-restricted home and an accessory apartment; staff cited incompatibility with county plans and housing rules.

The Upper Blue Planning Commission voted 7-0 on Oct. 24 to recommend that the Summit County Board of County Commissioners deny PLN23-075, a Class 5 preliminary rezoning request to change Lot 13, Ten Mile Vista Subdivision Filing No. 2 (a 3.71-acre parcel) from RME to PUD so the lot could be split to create one additional deed-restricted single-family unit and an accessory apartment.

County staff presented the proposal and recommended denial, saying the plan does not conform to the Summit County Countywide Comprehensive Plan and applicable basin or subbasin master plans because the proposed restrictive covenant would not reliably increase the supply of affordable workforce housing. Staff also said the PUD did not satisfy Affordable Workforce Housing requirements in Section 3809.02.D of the county code and that the applicant did not intend to meet the transfer-development-rights (TDR) requirements in Section 3506.

Staff cited additional findings that the proposed Lot 13B size would be inconsistent with adjacent development and that the increased project density could have a significant adverse effect on neighborhood character. Staff further stated the proposal does not advance goals in Section 12200.01 of the code.

Commissioner Dan Cleary moved to recommend denial based on the staff findings; Commissioner Emily Lawless seconded and the commission approved the motion by a 7-0 vote. The official motion as recorded recommended that the Board of County Commissioners deny PLN23-075 with the findings listed in the staff report.

The record identifies Benjamin F Kent in the hearing listing as the party associated with the parcel; the transcript does not record any on-the-record testimony from the applicant during the hearing section included in the record provided. No amendments to the proposal or alternative restrictive covenant language were reported in the transcript.

The commission’s action is a recommendation to the Board of County Commissioners; the transcript does not record a final BOCC decision or any follow-up direction to staff about next steps for the application.

Minutes show the motion was passed during the public hearing agenda item; the meeting adjourned at 9:05 p.m.