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HomeMy WebLinkAboutPEC070080arx|'nrg6rHa.t Planning and Environmental Commisaon ACTIOI{ FORtrl Depaftment d Conmunlty Dgvploprnettt 75 Sou$r Frontage Rsad, Wll, colorado 81557 tel: 970.479.2139 far: 970.479.2.152 wgb: ffi,v"llgc.com Proiect Name: TRACT'K VARIANCE Prciect Description: RNAL APPROVAL FOR A VARIANCE FOR SNOWCAT ACCESS RETAINING WALL HEIGHTS Pa*icipants: OWNER TOWN OF VAIL C/O RNANCE DEPT 75 S FRONTAGE RD VAIL co 81657 APPUCANT MAURIELLO PI-ANNING GROUP, LLI2I 17 l2OO7 Phone: 970-748-0920 PO BOX 1127 AVON co 81620 License: C000001697 Project Address: 890 S FRONTAGE RD WEST VAIL Location: 890 S FRONTAGE RD W Legal Descripton: Lot: K Block Subdivision: GLEN LYON SUB. Parcel Number: 2103-121-0900-2 Comments: seePEC0T-0079 BOARD/STAFF ACTION PEC Number: PEC070080 Motion By: KJESBO Second By: VIELE Vote: 6-0-0 Gonditions: Action: APPROVED Dab of Approval: 01/1412008 Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 PEC approval shall not be not beome valid for 20 days following the date of approval. Cond: CON0009701 This variance request approval shall be contingent upon the applicant obtainlng Town of Vail approval of the associated design review application. Cond: CON0009702 The applicant shall properly maintain the limlts of disturbance fencing and erosion control methods throughout the construction of this proposal. Any modification to the location or configuration of the limits of disturban@ area shall require review and approval by the Planning and Environmental Commission and the Design Review Board. Cond: CON0009703 Prior to the issuance of grading permits, the applicant shall: a. execute an easement agreement (or such other agreement deemed appropriate by the Town Attorney) with the Town of Vail for the use of Town propefi; and, b. shall prepare a construction staging plan for review and approval by the Town of Vail; and, c. shall survey and then install all limits of disturbance fencing and all erosion control methods for review and approval by the Town of Vail Planner: Bill Gibson PEC Fee Paid: $500.00 -.d sovI 0pc v tr Rezonlng $1300 O Majorsribdvslon $1500tr Mtior subdMdon $659tr ExcmDthn Plat $650b PttnoifmenOmentbanSDD $1000 tr Na{Sp€dalDevelopmentoisttlct $6000tr Malor i\mendment to an sDD $6000tr M.iorAnendment to sn SDD $1250 (m atertu modlllcatbns) sffitr Mlnor Bftedor Alterationtr Major E<terior Alteratlontr Development Plan tr Amendhent to a Der\relopment Plan tr Zonlng @de Amendment El Variancetr Sign varlance Variance Application for Review by the Planning and Environmental Commission tocadon of thc Proposal: Lot:-Block:- Subdivlslon: rracs K' Glen Lvoo Phyglcal Addrcss: Parcel l{o:21031210e0-0-2- (Contact Eagle Co' Assessor at 970-328'8640 for parcel no') zonlng: gp€clal DeveloFmcnt D16Crlct No' rl - llame(r)of Oruner(s): To!"t! of vait Malllng Addrccc: ?s s. r'ronsaqe Road vall' co 816s7' Owner(c) Slgnatutc(3): tlame of Appllcant: trlalllngAddrccs: Po Box 112? Avon, co 8162 o Phoncl E-malt Addtts: Deoarfient of @mmuntty Development zs Souttr Frontase Road, Vail, Colorado 81657' - - trjt: gtO.Clg'2128 fax: 970'479'2452 !veb: www.vallgw'com Gencral Infonnaton: A||pnfectsrcqu|t|ngP|ann|ngandE]M'onmenb|comm|sslonrg/|eivmustGce|veapprova|pr|ortocrbm|Hnga buldhg permtt lpplf..Uott. pr*i. tef"i to Ut suOmma reqrfremenb fior tfie partlcular aPiPval that ls rcquested' An appllcathn tbr Plannhg ono "grivftonminAt Commtssion rivtew cannot be accepted until all requlred Inbrma66n ts receired by 61e @mmunlty r;;dil;;i p6;tu1rent. rne prolect may also need to be rer/lewed bv the Town Cruncil an4or th€ Deslgn Ra,ie$, Board' fYpc ofApptlca$on and Fee: 'fa€o'- $400 $5s0 $800 $1500 i2s0 $1300 $s00 $200 De6cflp6on O,tth€ RGqUesU condicional use Pcrmit and wall heiqhc variance for :-5-e nl -rr\r-1'6 in\lL= u " \l\\\t\l T'H0$1 \UlU Pag€ | ofo ,l' F:tcdcrrlFORMSlPemtlb\Planning\PECV8dancEi 0-1 8-2006 d0c PQlsq- sZsR l******+***************t+t*****++*++*****++++++*+++t*ttt++a+*+++++++++++++++*tt*tit+*f+++t++ TOWNOFVAIL, COLORADO Starement******f****l**+*******t******t**********+***f*******f*tt,rf***+***********r***++*+a********** Statement Nunber: F.O7OOO2725 Amount: $500.00 L2/L7/2OO7O2:05 pM Palment Method: Check Init: iIS Notation: 13 72 /IiIAI'RIEIJIJO PI,ANNING GROUP Permit No: P8C070080 Type: PEC - Variance Parcel No: 2101-072-1500-1 Site Addreaa: 845 FOREST RD VAIIr Irocation: 890 S F RONTAGE RD V{ Total Fee6: $500.00 This Pa)ment: $500.00 Total AIJr Pmta: $500.00 Balance: $0.00 ACCOIJNT ITEM LIST: Account Code Description Cuffent Pmts PV OOlOOOO3l125OO PEC APPLICATION FEES 500.00 FILE MEMORANDUM Planning and Environmental Commission Community Development Department January 14,2008 A request for final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-17, Yariances, Vail Town Code, to allow for retaining walls in exc€ss of six (6) feet in height, and a request for final review of a conditional use permit pursuant to Chapter 16, Gonditional Use Permits, Vail Town Code, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more complete metes and bounds description is available at the Community Development Department, to allow for a new snowcat access road and setting forth details in regard thereto. (PEC07-0080) Applicant: Vail Resorts Development, represented by Mauriello Planning Group LLC Planner: Bill Gibson coPy TO: FROM: DATE: SUBJECT: SUMMARY The applicant, Vail Resort Development, is requesting a final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, and a request for final review of a conditional use permit pursuant to Chapter 16, Conditional Use Permits, Vail Town Code, located at Tract K, Glen Lyon Subdivision and Unplatted Parcel to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District (ERWSD) water treatment facility and the former Vail Amoco sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Village trail (formerly Westin-Ho trail). Based upon Staffs review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of both the variance and conditional use permit requests, subject to the findings and conditions noted in Section lX of this memorandum. DESCRIPTION OF REQUEST The applicant is proposing to construct a snowcat access road generally located south of the ERWSD facilities and former Vail Amoco/BP sites (846 West Forest Road and 934 South Frontage Road). This proposal will facilitate the re.routing of Vail Resorts' winter mountain maintenance traffic from West Forest Road to this new access road. This access route will start from the western driveway of the Vail Resorts maintenance facility, cross South Frontage Road and continue south along the western ERWSD property line, bridge across Gore Creek, continue .,t southwest across Town of Vail owned Tract K, and connect to the Cascade (formerly Westin-Ho) trail. A portion of the access road and bridge intersection is located on an unplatted Town of Vail owned parcel located directly east of Tract K. The proposed access road will be a 25-foot wide gravel road surface. Due to the steepness of slopes on Tract K, the proposed access road will have finished grades as steep as 19.32o/o and will require the construction of both cut and fill retaining walls. The applicant is proposing to construct both the cut and fill retaining walls with a Keystone Retaining Wall System. At their tallest points, the redesigned cut walls will still be approximately 15.6 feet in height and the fill walls will be 15.7 feet in height. These proposed retaining wall heights exceed the 6- foot height maximum allowed by Chapter 14-6, Vail Town Code. The applicant has designed the proposed snowcat access road to be integrated into the future 'Ever Vail' development project in West Lionshead. As part of this future development project, the ski mountain maintenance facility will be relocated to the south side of the South Frontage Road directly adjacent to the snowcat access road bridge. A new gondola lift is planned to be constructed on top of the new maintenance facility. A vicinity map (Attachment A), the applicant's statement of request (Attachment B), and architectural plans (Attachment C) have been attached for reference. BACKGROUND On July 15,2003, the Vail Town Council granted Vail Resorts permission to proceed through the Town's development review process for the proposed snowcat access route across Town of Vail owned property. On December 8, 2003, the Planning and Environmental Commission approved a Vail Resorts' application for the Forest Place Subdivision located at 615 West Forest Road. A condition of this approval was that Vail Resorts discontinue the use of West Forest Road for snowcat access between its maintenance facilities located along South Frontage Road and the ski mountain. On March 8,2004, the Planning and Environmental Commission approved, with conditions, a similar retaining wall height variance request for the proposed snowcat access road. On March 17, 2004, the Design Review Board directed Staff to administratively approve the design review application associated with the proposed snowcat access route. On July 12, 2004, the Planning and Environmental Commission reviewed a request for an amendment to Special Development District (SDD) #4, Cascade Village, to create a new "development area' for Tract K (i.e. location of the proposed snowcat ac@ss route). The purpose of this request was to address ambiguities in the existing SDD #4 regulations to facilitate the construction of the snowcat access route. The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council. ri :l 1il. tv. On August 4,2004, the Town Council approved the first reading of the ordinance for the proposed amendments to SDD #4, with the condition that the applicant, Vail Resorts, resolve any outstanding legal issues related to the private Protective Covenants of Glen Lyon Subdivision prior to the second reading of the ordinance. On June 13, 2005, the Planning and Environmental Commission approved a revised variance request for the proposed snowcat access route to address the concerns of the neighboring Glen Lyon Subdivision property owners. Pursuant to Sectfon 12-17-7, Permit Approval and Effect, this approval was valid for a period of two years and therefore has since expired. After many months of negotiation, the applicant, the neighboring property owners, and the Town of Vail amended the private Protective Covenants of Glen Lyon Subdivision to facilitate the construction of this proposed snowcat access. On May 15,2OO7, the Vail Town Council adopted an ordinance amending Special Development District #4 to allow the proposed snowcat access as a conditional use on Tract K. ROLES OF REVIEWING BODIES Order of Review: Generally, variance applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17,Yariances, Vail Town Code. Design Review Board; The Design Review Board has no review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Gouncil: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. APPLTCABLE PLANNTNG DOqUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 1 2: ZONING REGULATIONS v. Article 12-88: Outdoor Recreation District 12-88-1: PTJRPQSE: The outdoor recreation district is intended to preserue undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide oppoftunities for active and passive recreation areas, facilities and uses. 1 2-88-3: CONDITIONAL USES: The following conditional uses sha// be permifted, subiect to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permifted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public servtbe uses. Seasona/ use or structure. Ski lifts, tows and runs. Well water treatment facilities. Chapter 16: Conditional Uses 1 2-1 6-1 : PURPOSE; LIMITATIONS: ln order to provide the flexibility necessary to achieve the obiectives of this title, specified uses are permifted in ceftain disfricfs subiect to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of fhis title and with respect to their effects on sunounding properties. The review process prescribed in this chapter is intended fo assure compatibility and harmonious development between conditional uses and surrounding propefties and the town at large. Uses /isted as conditional uses in the vaious disfrlcts may be permifted subject to such conditions and Iimitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 1 2- 1 6-6: CRITERIA; F/ND/NGS: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use; 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transpoftation facilities, utilities, schoo/s, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with pafticular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the sfreefs and paking areas. 4. Effect upon the character of the area in which the proposed use rs fo be locaied, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors aN criteria as the commisstbn deerns applicable to the proposed use. 6. The environmental impact repoft concerning the proposed use, if an environmental impact repoft is required by Chapter 12 of this title. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed l1cation of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to propefties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Chapter 1 2-1 7: Variances 12-17-1: Purpose: A. Reasons for Seeking Variance: ln order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from ceftain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a slfe or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cosf or inconvenience to the applicant of strict or literal compliance with a rcgulation shall not be a reason for granting a variance. 12-17-6: Criteria and Findings: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested vaiance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among slfes rn the vicinity, or to aftain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transpoftation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commlsslon deems applicable to the proposed variance. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other propefties classified in the same zone district. 2. That the granting of the vaiance will not be detrimental to the public health, safety, or welfare, or materially injurious to properlies or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons.' a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other propefties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other propefties in the same zone district. TITLE 14: DEVELOPMENT STANDARDS HANDBOOK Chapter 14-6: Grading Standards Secfion 14-&7: Retaining Walls: A. General: All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the mateials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to a structure constructed on excessrve s/opes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the design review board. Retaining walls shall be located a minimum of two feet (2') from adiacent private prcpefty boundaies and should be ten feet (10) from the edge of a puhlic streef unless otherwise approved by the town engineer. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamP. Atl retaining walls requiring a PE stamp shall be required to have submifted and approved, pior to building permit release, engineered stamped plans, profile,q sectrbnq details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. B. Boulder Retaining Walls: Boulder retaining walls shall comply with all the standards of subsection A of this section. The height listed for retaining wal/s ls the exposed height of either a single or combined height of combination walls. lf the batter (slope of the face of the wall) is greater than one to one (1:1), a PE stamp is required. C. Combination Retaining Walls: A retaining wall should be considered a combination walt if the upper wall falls within a prism defined as starting one foot (1') behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this stafting point' The minimum bench of combination retaining walls shall be four feet (4'). All combination retaining walls shall have a PE stamp. SPECIAL DEVELOPMENT DISTRICT (SDD) #4, CASCADE VILLAGE Development Plan - Required -Approval Procedure Each development area with the exception of Development Areas A and D shatt be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Watertod and Comerstone slfes shal! be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing p/ans as approved by the Town Council. A development plan for Development Area E shall be estabtished through the review and approval ol a design review application and/or conditional use permit application. The developer shall have the ight to proceed with the development plans or scenarios as defined in the development statistics sectlbn of this ordinance. Amendments Conditional Uses Conditional uses sha// be reviewed per the procedures as outlined in Chapter 12' 16 of the Town of Vail Zoning Regulations. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads, 4. Ski lifts and tows. 5. Ski trails. 6. Snowm aking facilities. 7. Other uses customarily incidental and accessory to permifted and conditionaluses and necessary for the operation thereof, with the exception of buildings. LIONSHEAD REDEVELOPMENT MASTER PLAN 4.6.5 Forest Road The primary goat for Forest Road is to maintain and enhance its residential character by mitigating present or future uses fhaf would detract frcm this character. Specific recommendations are as follows: 4.6.5.1 Mountain Servlce Access /ssues Forest Road cunently plays an importartt role in mountain seruice access, both during the summer and winter. lt was made clear during the public input phase of the master plan process that the adjacent propefty owners a;e aeepty concerned about the winter activity of snowcats on Forest Road and would tike fo see this operation removed. while mountain access must be provided lor, the removal of this winter trattic from Forest Road should he a priority for the Town of Vail and Vail Associates. A potentiat solution is to bridge Gore Creek iust west of the old Town shops and construct a road that connects to ffe existing "Cascade Ho" ski trail. Previous sfudies have shown that a connecting road across the forested slope could have serious visual impacts because of the extreme cross-s/ope gradient and resultant cut and fill requirements. /f is a/so likely that the cascade village propefty owners would resist this aftemative. lf this approach is fo be implemented, visual mitigation of the new connecting road must be an impoftant consideration. VI. SITE ANALYSIS Legal Description: Zoning: Legal Description: Zoning: Land Use Plan Designation: Open Space Current Land Use: UndeveloPed Unplatted Outdoor Recreation District Tract K, Glen Lyon Subdivision SDD #4, Cascade Village Land Use Plan Designation: Open Space Current Land Use; UndeveloPed VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Gore Creek Natural Area Preservation District ERWSDFacility GeneralUseDistrict South: US Forest Service Eagle County East: Residential Two-Family Primary/secondary lesidentialDistrict West Residential Two-Family Primary/Secondary Residential District VIII. REVIEW CRITERIA Conditional Use Permit the review criteria for a variance request are estab|ishedbyChapterl2-16'Gonditiona|Uses,Vai|Towncode. 1. Relationship and impact of the use on development objectives ot the town. The Lionshead Redevelopment Master Plan specifically recommends the construction of this proposal. Section 4.6.5, Forest Road, Lionsheac ieOevetopment Master'Plan recommends (in pafi "Wllile- mountain access miust be provided for, the removal of this winter traffic from Forest Road should be a piority for the Town of vail and vail Associates...A potentiat solution is-to bridge Gore creek iusf wesf of the old Town shops 'and construct a road that connects to the existing 'cascade Ho' ski trail." Therefore, staff believes this proposal is both consistent with, and furthers, the development objectives of the Town 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. The proposed access road has been design to avoid any conflicts with the use of the Gore creek stream tract, the existing bike path, the Eagle River water and sanitation District facilities, and the existing ski mountain trails. Therefore, staff does not believe this proposal will have a significant negative affect upon this criterion. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. This proposal will remove the ski area's winter mountain service traffic from West Forest Road consistent with the recommendations of the Lionshead Redevelopment Master Plan. Staff believes this will improve the congestion, both autotmotive and pedestrian safety, traffic flow, access, and snow removal. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. This proposal will remove the ski area's winter mountain service traffic from West Forest Road, which Staff believes will enhance the residential character of the neighborhood as recommended the Lionshead Redevelopment Master Plan. Additionally, the applicant has designed the proposed snowcat access road to be integrated into the future 'Ever Vail' development project in West Lionshead. As part of this future development project, the ski mountain maintenance facility will be relocated to the south side of the South Frontage Road directly adjacent to the snowcat access roac bridge. A new gondola lift is planned to be constructed on top of the new maintenance facility. 5. Such other factors and criteria as the commission deems applicable to the proposed use. The Lionshead Redevelopment Master Plan specifically recommends the construction of this proposal. Section 4.6.5, Forest Road, Lionshead Redevelopment Master Plan recommends (in patt) 'While mountain access must be provided for, the removal of this winter traffic from Forest Road shoutd be a priority for the Town of Vail and Val Assoct,afes'..A potential solution is to bridge Gore Creek iusf west of the old Town shops and construct a road that connects to the existing 'Cascade Ho' ski trail." On March 8,2004, and June 13,2005, the Planning and Environmental Commission approved similar retaining wall height variance requests to facilitate construction of the proposed snowcat access road. Pursuant to Section 12-17-7, Permit Approval and Effect, these approvals were only valid for a period of two years and therefore have expired. The applicant negotiat'ed with the neighboring property owners for many months to create an access road design solution that would be acceptable to the neighbors. In cooperation and agreement with the neighboring property owners, the applicant then amended the private covenants on Tract K to allow for the construction of the proposed snowcat access road. On May 15, 2007, the Vail Town Council adopted l0 an ordinance amending Special Development District #4 to facilitate the construction of the proposed snowcat access road. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Ghapter 12 of this title. An environthental impact report concerning the proposed use is not required by Chapter 12-12,Yail Town Code. Variance: the review criteria for a variance request are established by Chapter 12-17,Yafiances, Vail Town Gode. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff does not believe the granting of this variance will have significant negative impacts to existing or potential uses and structures in the vicinity. Similar retaining walls have previously been constructed in association with other access projects such as the nearby pedestrian and skier bridges. Due to the steepness of this site, the proposed additional r.etaining wall height associated with this snowcat access road design will reduce the amount of site disturbance to the hillside when compared to designs using tiered walls in strict compliance with the wall height requirements The ERWSD has granted formal easements for permanent access across its property between Vail Resort's maintenance facilities and the proposed snowcat access road. Tract K and the unplatted parcel are identified as "TOV Owned Lands/Open Space Use" by the Town of Vail Comprehensive Open Lands Plan and no future development of these sites is anticip.ated. The Lionshead Redevelopment Master Plan specifically recommends the construction of this proposal. Section 4.6.5, Forest Road, Lionshead Redevefopment Master Plan recommends (in parl) "While mountain access must be provided for, the removal of this winter traffic from Forest Road should be a priority for the Town of Vail and Vail Associates...A potential solution is to bridge Gore Creek jusl wesf of the old Town shops and construct a road that connects to the existing 'Cascade Ho' ski trail." Additionally, the applicant has designed the proposed snowcat access road to be integrated into the future 'Ever Vail' development project in West Lionshead. As part of this future development project, the ski mountain maintehance facility will be relocated to the south side of the South Frontage Road directly adjacent to the snowcat access road bridge. A new gondola lifi is planned to be constructed on top of the new maintenance facility. l1 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes this proposed variance request involves 'exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone" as this proposal is associated with the construction of an access road to the ski mountain and not the construction of a residential or commercial development Project. Pursuant to Chapter 14-6, Vail Town Code, the proposed retaining walls may not exceed six feet (6') in height unless the proposed walls are tocited within a street right-of-way. Within a street right-of-way, retaining wall heights may exceed six feet (6') in height without a variance. Examples of retaining walls greater than six feet (6') in height can be found throughout the Town of Vail's right-of-ways. The proposed snowcat access road will be located on Town of Vail owned property; however, it will not be located within a designated street right-of-way, and will therefore require a retaining wall height variance. The applicant has explored design alternatives with retaining walls not exceeding six feet (O') in height. The applicant has demonstrated that due to the steepness of Tract K, in some locations along the snowcat access road a series of tiered six foot walls may be feasible; however, the use of a series of walls creates significantly more disturbance to the existing hillside than a single cut and fill wall. The applicant has also demonltrated that in some locations along the snowcat access route, six foot (6') tiered retaining walls may require terracing the entire hillside. to ,catch grade.' Therefore, Staff believes the proposed additional retaining wall height associated with this snowcat access road design will reduce the amount of necessary site disturbance when compared to designs using tiered walls in strict compliance with the wall height requirements. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public lfetV. staff believes the proposed retaining wall height variance will not have a significant negative impact on the light and air, distribution of population, priOlic facitities and utilities. Staff believes that the proposed re-routing of Vail Resorts' snowcat access will have a positive affect on transportation, traffic facilities, and public safety; since Vail Resort's maintenance vehicle traffic will be no longer occur on a public street (i.e. west Forest Road) through a residential neighborhood. 4- Such other factors and criteria as the commission deems applicable to the proposed variance. 12 The Lionshead Redevelopment Master Plan specifically recommends the construction of this proposal. Section 4.6.5, Forest Road, Lionshead Redevelopment Master Plan recommends (in parl|While mountain access must be provided for, the removal of this winter traffic from Forest Road should be a prioriU for the Town of Vail and Vail Associates...A potential solution is to bridge Gore Creek iust west of the old Town shops and construct a road that connects to the existing'Cascade Ho' ski trail.". On March 8,2004, and June 13, 2005, the Planning and Environmental Commission approved a substantially similar variance request for the proposed snowcat access route. Pursuant to Section 12-17-7, Permit Approval and Effect, this approval is valid for a period of two years and therefore has expired. The applicant, in cooperation and agreement with the neighboring property owners, has amended the private covenants on Tract K to allow forthe construction ofthis snowcat access road. STAFF RECOMMENDATION VARIANCE The Community Development Department recommends approval, with conditions, of a variance from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. This recommendation is based upon review of the criteria outlined in Section Vlll of this memorandum, and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Envircnmental Commission approves, with conditions, the applicanf's reguest for a variance from Chapter 14-6, Grading Sfandardg Vail Town Code, pursuant to Chapter 12'17, Variances, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, and sefting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this variance request, the Gommunity Development Department recommends the Commission imposes the following conditions as part of the motion: "1 . This vaiance request approval shall be contingent upon the applicant obtaining Town of Vail approval of the assocrated design review application. 2. The applicant shall properly maintain the limits of disturbance fencing and erosion control methods throughout the construction of this proposal. l3 Any modification to the location or configuration of the limits of disturbance area shatl require review and approval by the Planning and Environmental Commission and the Design Review Board. 3. Prior to the issuance of grading permits, the applicant shall: A. execute an easement agreement (or such other agreement deemed appropriate by the Town Aftorney) with the Town of Vail for the use of Town ProPertY; and, B. shall prepare a construction staging plan for review and approval by the Town of Vail; and, C. shatl survey and then install all limits of disturbance fencing and all erosion control methods for review and approval by the Town of Vail." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings as part of the motion: ,Based upon the review of the criteia outlined in section vlll of this staff memorandum to the Planning and Environmental Commission dated January 14, 2008, and the evidence and testimony presented, the Planning and Environmental Commission ftnds; 1. The granting of this variance will not constitute a granting of special privilege rnconsistent with the limitations on other properties classified in Special Development Dlsfricfs or Outdoor Recreation' 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.' a. The strict titeral interpretation or enforcement of the specified regutation would result in practical difficulty or unnecessary physical hardship inconsistent with the obiectives of Title 12' Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicabte to the same site of the variance that do not apply generally to other propefties in the same district. c. The strict interpretation or enforcement of the specified regulation would deprive the appticant of privileges enioyed by the owners of other properties in the same district." t4 CONDITIONAL USE PERMIT The Community Development Department recommends approval, with conditions, of a conditional use pursuant to chapter 12-16, Conditional Uses, Vail Town Code, to allow for a snowcat access road/ski run, located at Tract K, Glen Lyon Subdivision and Unplafted Parcels. This recommendation is based upon tire review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission apProves' with conditions, a conditional use permit, pursuant to Chapter 12-16' conditionat uses, to allow for a snowcat access road/ski run, located at Tract K, Glen Lyon Subdivision and lJnplafted Parcels, and sefting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the community Development Department recommends the Commission imposes the following conditions as part of the motion: '1. This conditional use permit request approval shall be contingent upon the applicant obtaining Town of vail approval of the associated design review application. 2. The appticant shatl property maintain the limits of disturbance fencing and erosion control methods throughout the construction of this proposal. Any modification to the location or configuration of tl9 limits of disturbance area shall require review and approval by the Planning and Environmenta! Commission and the Design Review Board. 3. Prior to the issuance of grading permits, the applicant shall: execute an easement agreement (or such other agreement deemed appropriate by the Town Aftomey) with the Town of Vail forthe use ofTown propefty; and, shall prepare a construction staging plan for review and approval by the Town of Vail; and, c. shall suruey and then instatl all limits of disturbance fencing and all erosion colntrol methods for review and approval by the Town of Vail'" should the Planning and Environmental commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings as part of the motion: a. b. l5 "Based upon the review of the criteia outlined in Section Vlll of this Staff memorandum to the Planning and Environmental Commission dated January 14, 2008, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use is tn accordance with the purposes of the Zoning Regulations and Special Development Distict tt4. 2. The proposed conditional use and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially iniurious to properties or improvements in the vicinity. 3. The proposed conditional use complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this January 14, 2008, Sfaff memorandum to the Planning and Environmental Commission." ATTACHMENTS A. Vicinity Map B. Applicant's Statement C. Architectural Plans D. Public Hearing Notice l6 Attachment: Attachment B conditionat Use Permit and wall Height Variance Request Snowcat Access Drive I. BACKGROUND Vail Resorts is proposing to construct a snowcat access road located on Tract K, Glen Lyon Subdivision. the proposal will re-route mountain maintenance traffic from West Forest Road to this new access drive. The process for approval of the access road is a conditional use permit, along with a variancefor retaining wall height in excess of 6 ft. A. Conditional Use In July of zoo4, the planning and Environmental Commission forwarded a recommendation of approval to the Town Council for a major amendment to SDD #4, which allowed "access roads,, as a conditional use on Tract K; The Town Council approved the adopting ordinance in August of zoo4, However, second reading was tabled due to continuing negotiations with ad;icent property owners. In the Spring of zoo5, Vail Resorts withdrew the application for the milor amend*"nt. Subt"quently, Vail Resorts submitted a new application to amend SDD #4, again allowing for access roads as a conditional use on Tract K. The Planning and Environmental Coitmission again forwarded a recommendation of approval, and on May r5, zoo7, the Town Council approved Ordinance No. tt, Series of 2oo7 on second reading' No conJitional use permit has been issued to date for the snowcat access road' Variance A wall height variance was originally granted by the Planning and Environmental Commission in 2oo4,and again in June of zloo5 foirevisions to the plan that changed the wall heights. The revisions *"r" dr" to continuing discussions with neighboring Property owners' The variance expired due to the length of time it took to reach agreement with the neighboring owners'.ln November of zooT,Va-il Resorts decided to further the landscaping design of the access walls, at which point it was determined thatthe previously approved variances have since expired' CRITERIA IN THE REVIEW OF A VARIANCE REOUE5T The relationship of the requested variance to other existing or Potential uses and structures in the vicinity. OurAnalysis: Due to the steepness of the site, a design with 6 ft. walls would require three walls on the upper side of the access drive and two w;lls on the lower side of the access drive' This would be'much more physically and visually impactful than the proposed design. The proposed design includes'z of *"11, (on" on the uphill side and one at the downhill side) with a maximum wall height of r5.z ft. in height' The degree to which relief from the strict or literal interPretation and enforcement of a speafied regulaion is necessary to achieve comPatibility and uniformity of treatment among sites in the vilantty, or to attain tie obiectives of this title without grant of special privilege' 2 B. il. A. B. ilt. A. OurAnalysis: ifrGin-"rs of the site, along with the necessary width of the road to facilitate snowcat access have driven the jesign-of the access road. Retaining walls in excess of 6 ft' are .o*ron throughout the Toin, specifically in regards to road construction in the right-of- r"V. Wftif" thii is not located in a road right-of-way, it is a similar situation and therefore is not a grant of sPecial Privilege. In addition, this variance has been granted in the past - once in zoolfor the original variance request, and again in zoo5 for amindments to the walls. This indicates that the PEC has specificatty fou-nd that this variance is warranted and meets the criteria and findings for a vlriance. Unfortunately, due to discussions with adjacent Property owners, the process took longerthan anticipated and the variance approval has lapsed' The effeA of the requested variance on tight and air, distribution of population, transportation and tiaffc facitities, public facilities and utilities, and public safety' OurAnalysis: Tl* pr"p"*d heights of the retaining wall will not have a negative impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and prUfii rrf.ay. in iact, the proposal allows for the removal of maintenance vehicle traffic in a residential neighborhood, and will actually have a positive impact on the Town. CR|TER|A|NTHEREV|EWoFAcoND|T|oNALUSEPERM|TREoUEST Relationship and impact of the use on development objectives of the town' OurAnalysis: The Town has identified a goal of removing snowcat access from west Forest Road in the Lionshead Redevelopment -Master Plan. The approval of this conditional use permit will further the development objectives of the Town' 'The Lionshead Redevelopment Master Plan specifically contemplates the proposed access road, stating (+'6'S'r) Mountain Service Access Issues iorest Road cunently plays an impoftant role in mountain service access, both during the summer andwinter. lt was made clear during the public input phases of the master plan process that the adjdcent property owners are deep$ concemed ahout the winter activity of snowcats on Forest Road and would like to see tiis opeiation removed. While mountain access must be provided Jor', the removal of tnis winter lriff[ from Forest Road shovld be a pdority for the Town of Vail and Vail Associates. A potential solution is to bridge Gore Creek i:rst:ve:t of the old .Town shops and.construct a road that connects to tne existiigtornoa, Ho ski trail' Preiious studies have shown that a conneding ioia-iiri, tn, forested stipe could have serious visua! impacts because of the extteme cross-slop gradient and resultant cut ind fill requirements- lt is also likely that the Cas .ca( Village property ownen would resist this oti"iotur.' tf this approach is to bi implemented, visual mitigation of the new connecting road must be an important consideration' B. Effea of the use on light and air, distribution of populatiory transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs, OurAnalvsis: The proposed access drive will not have a negative impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. In fact, the proposal allows for the removal of maintenance vehicle traffic in a residential neighborhood, and will actually have a positive impact on the Town. C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, eccess, maneuverability, and removal of snow from the streets and parking areas. OurAnalysis: The proposed access drive will improve the flow of traffic within in the Town of Vail, by removing mountain maintenance traffic from West Forest Road. This will be an improvement to automotive and pedestrian traffic and safety in the neighborhood. D. ffiA upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. OurAnalysis: Because the proposed use is an access road, there really is no scale or bulk of the proposed use. lmpacts to nearby propefties have been reduced to the extent possible and the road will be heavily landscaped to screen it. IV. ADJACENTPROPERryOWNERS 21o3121OOOO5 210312109004 VAIL CORPORATION ROBERTJ.ROSEN POBOX959 NANCYROSEN AVON,COBr6zo-o959 rezT LAKE AVE GREENWT.H, cro6sge iillKl8#,,r" 21o3121ooo1o Po BOX 959 21o1o72oooo1 AVON, CO 816zo TOWN OFVAIL C/OFfNANCEDEPT 2!o:o72aooo7 T5SFRONTAGERD ADAM,NANCYSHAPIRO VAfL,CO8r657 TS5FORESTRD VAIL, CO Sory 210312109O03 GLEN LYON OFFICE BUILDING U,S. DEPARTMENT OF AGRICULTURE c/o ANDREW D. NORRIS FOREST SERVICE rooo 5 FRONTAGE RD W STE zoo zr*147 US HIGHWAY z4 VAIL, CO 81657 MINTURN, CO 8e645 r tr ma 0]l {a U ITI fflr 0 1l ITIz { 0 0 ]t z ]l 0 U az 0 { 0 { tr 1' aa ltF za d {z 0 1l F 0 0t- 0It U 0 u m 0 m ID tfl1 Noo \ E Fle Hl EOFlt ma-l t:l- IHflIl lfitTlltffi OVO20Ot\dvrg\EagleRhe6lte\M.sbr\REVISED SNOWCAT\REVISED SNO f CAT Attachment C :;ri lr I ttlflt[ r t liE i!E !l' iJ llI tl lttt ir itrl il iili li ir.! h ti I ii ll :1 ii rf {I I I vAr- ErcrFrE DwE-*'rElr oortAr$r FOREST ROAO SNOWCAT BYPASS PLANS COVER SHEET DECEMBER 2OO7rfr oVO2OO l\dwsEagleRiverslte\MastedREvlsED SNOWCAT\REVISED PATH GFADING.dI{, 12,/'1212007 4:41 : I I PM. co!.des li:illlr\rriil\))t\i\\l\\_$ \!\i trT\\.\rN\\\\ \\] :_\\\\\ N r\i p!! t- \ : !\l:. : r \,i, 2i .61 iis fl!q tl 1 Ftl Niffi NW fiiiiiiii i iiiiiliJllliiiiliii',\t 'tlir'\i i i lli,'riiltii iil :!), iN : 'ill i i i i i i i i ii iirt'i.l,,,',,,, jli,i,'; \\\'iiiiiiil* iiiir((t1fl ' rll'l)i NW t\\lii H'lq VA[- FEBOFITB DE\/E-OFII ENT CO. FOREST ROAD SNOWCAT BYPASS PLANS SNOWCAT ROAD PLAN & PROFILE DECET'BER 2OO7 'ovo2oo1\dr.E\EegleRiversite\MasloiREvlsED SNoWCATIREVISED PATH GRADtNGd$/g, lZ|22OO7 4:42:OO PM, cowl66 ffi- ffi'*' { *'i,ffi-J'il ii: ,M-[affi rui# *i!! ' lfi1lE t #l- -r ffit ffi t.W r!;fi :tri I irf Wt{v \t- I A u ffi li I x A !lt! W- rEl5) a m rillErdvl- F; iri -!t'r r[] olT m C,m ,E-lfi+| **H *l' 'f'.' ' 'l ffid -d a at- z -><6 r-!e' l!p;ir !ir i-, r-rgr'1' 7oIr FI ffi ffih*i, 4tHt fIHHl}qqqffi ffi Uf rl E I\ ) ffi )H v h :l A gI ) ffiA v p'i I Eil ryE.ffi8N...\'tfiffiHi;;iE; Ftl IrEl L! ct.4 lrE rr--gq FH VAI- flEOFTB DHE-OlltE{T ooff,Al$f FOREST ROAD SNOTY€AT BY?ASS PLANS WALL PROF|LES AND DETAILS DECEMEER 2OO7 AEI ENGINEERIT€ INC - -r=!ke-=t- . 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COLORAOO lr'!il | Attachment D THIS ITEM MAY AFFECT YOUR PROPERW PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 14, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council, to allow for Special Business Promotion Permits, and setting forth details in regard thereto. (PEC07-0073) Applicant: Town of VailPlanner: Rachel Friede A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, C,ommercial Linkage and 12-24, Inclusionary Zoning, Vail Town Council, to establish standards and criteria related to mitigating employee housing requirements, and sefting forth details in regard thereto. (PEC07-0075) Applicant Town of VailPlanner: Nina Timm and Bill Gibson A request for a final review of variances from Section 12-7H-10, Setbacks, and Section 12-7H-14, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Yanances, to allow for a stair and an underground parking garage vehicle ramp within the setbacks, and deviations from the maximum site coverage requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard there to. (PEC07-0077) Applicant Landmark Condominium Association, represented by Fritzlen Pierce ArchitectsPlanner: Bill Gibson A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for additional site coverage to facilitate construction of a detached garage structure, located at 3140 Booth Falls CourULot 5, Block 2, Vail Village 12h Filing, and setting forth details in regard thereto. (PEC07-0078) Applicant: Planner: John Canon and Betty Vickers, represented by John Perkins Nicole Peterson A request for a final review of an exterior alteration, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Rucksack Condominium BuiHing and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, VailMllage Filing 1. (PEC07-0076) Applicant Jeffery B. Selby, represented by Jay PetersonPlanner: Scot Hunn A request for final review of a variance from Chapter 146, Grading Standards, Vail Town Code, pursuant to Chapter '12-17, Vartances, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, and a request for final review of a conditional use permit pursuant to Chapter 16, Conditional Use Permits, Vail Town Code, located at Tract K, Glen Lyon Subdivision and Unplafted Parcels, a more complete metes and bounds description is available at the Community Development Department and sefting forth details in regard thereto. (PEC07-0080) Applicant Vail Resorts Development, represented by Mauriello Planning Group LLCPlanner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Pfease call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Pubf ished December 28, 2007 , in the Vail Daily. {\dktr talat'