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HomeMy WebLinkAboutDRB140051 Town Council Permission to Proceed Request 030414TOWN O'F Memorandum TO: Vail Town Council FROM: Community Development Department DATE: March 4, 2014 SUBJECT: A request to proceed through the development review process with a proposal to reconstruct an existing water feature and remove an existing patio on Town of Vail owned stream tract, located adjacent to 463 and 473 Beaver Dam Road /Lot 5, Block 4, Vail Village Filing 3, and setting forth details in regard thereto. Applicant: Alan Zekelman, represented by K. H. Webb Architects Planner: Warren Campbell DESCRIPTION OF REQUEST The applicant, Alan Zekelman, represented by K. H. Webb Architects, is requesting property owner authorization to proceed through the Town's development review process with a proposal to reconstruct an existing water feature and remove an existing patio constructed upon Town of Vail owned stream tract. A letter from the applicant detailing the request (Attachment A), site plan (Attachment B), and photographs (Attachment C) are included for review. Specifics of the proposal include: • The reconstruction and realignment of an existing subterranean pipeline which carries water from neighboring properties, Forest Road, and Beaver Dam Road through the site. The reconstruction and realignment allow for a new pipe material (reduces likelihood of repairs in the immediate future) and alignment which will not fall beneath proposed improvements on the site. • Removal of an existing stone patio adjacent to the existing pond on the town owned stream tract. • Removal and redirection of a portion of the water path above the existing pond into a new water feature on the site. • Reconstruction of the existing pond in its current location and configuration. II. BACKGROUND • A duplex was built on the subject property in 1988. • In 1990, Vail Resorts and the applicant submitted a number of documents to the Town of Vail stating an encroachment agreement would be executed, or said encroachments would be removed. The encroachment agreement was never executed, but the encroachments remain. • A design review application was submitted in 1993, with an electrical permit issued for the recirculating pump for the water feature on Vail Resorts property. • On December 21, 1999, Vail Resorts deeded the subject streamtract to the Town of Vail. • On October 16, 2012, the Vail Town Council by a vote of 6 -1 -0 (Donovan opposed), directed staff to enter into a license agreement for "landscaping, patio, drainage, and water feature improvements" on town owned stream tract. • On October 19, 2012, the Town of Vail and the owners of 463 and 473 Beaver Dam Road executed an encroachment easement agreement (Attachment D). • On August 21, 2013, the Design Review Board by a vote of 3 -1 -0 (Kjesbo opposed) approved with a condition, a design review application for a new duplex on the property. III. CONSIDERATIONS • On July 19, 2011, the Vail Town Council unanimously approved a zero tolerance policy for encroachments into town owned stream tract in order to improve the health of Gore Creek. However, improvements that were approved by the Town have been permitted to remain in place with license agreements that include revocability clauses. • The town has consistently been working to remove encroachments upon town owned stream tract. • The recorded encroachment easement agreement (Attachment D) for the constructed improvements includes a provision for termination of the agreement for the following reasons: • Determination by the town that the easement parcel is needed by the town for a valid public purpose. • If the improvements are not maintained in good condition or repair. • As a complete removal and reconstruction of all improvements upon the town owned stream tract is requested, is this an appropriate time to revoke the encroachment easement and return the property to the town? IV. ACTION REQUESTED On behalf of the property owner, the Vail Town Council shall approve, approve with conditions, or deny the applicant's request for property owner authorization to proceed through the Town's development review process. The approval of this request will only grant the applicant the required property owner authorization necessary to proceed through the town's development review process and does not constitute an explicit approval of the proposed improvements. As representatives of the property owner, if the Town Council has specific concerns with what is being proposed, those concerns must be expressed at this time. Town of Vail Page 2 V. RECOMMENDATION Should the Vail Town Council choose to approve the applicant's request, Staff recommends the Council pass the following motion: "The Vail Town Council, on behalf of the property owner, approves the applicant's request to proceed through the development review process with a proposal to reconstruct an existing water feature and remove an existing patio on Town of Vail owned stream tract, located adjacent to 463 and 473 Beaver Dam Road /Lot 5, Block 4, Vail Village Filing 3, and setting forth details in regard thereto." VI. ATTACHMENTS A. Letter from applicant dated January 13, 2014 B. Site plan dated December 31, 2013 C. Photographs of the site D. Recorded Encroachment Easement Agreement (Reception #201221487) Town of Vail Page 3 January 13, 2014 Vail Town Council C/O Warren Campbell, Chief of Planning Town of Vail 15 South Frontage Road Vail, Colorado 81651 Re: 463 Beaver Dam Road Water Feature Warren, Thanks for all of your assistance with our project at 463 Beaver Dam Road! As you know well, when you get into any project you learn more and find the anomalies and idiosyncrasies of the site you are working with and this is exactly the case here. Ultimately, the owner has elected to start with a new home design in lieu of working with an almost 30 year old house with complex subgrade water issues. During this process, we have also learned of how run -off water from Vail Mountain as well as Beaver Dam and Forest Roads has been managed through the site in greater detail. As we build the new home, we now understand that an underground pipeline exists from the neighboring Jordan property, through our site and extends below the existing pond within the easement area on Town of Vail property. We also understand that with our current approval and extensive tree planting plan as approved by the Town, we will eliminate the ability to move construction equipment to the rear of the site to easily maintain the pond in the future. At this point, it only makes common sense to maintain and re- construct the pipe line afldpofld to new while we are in construction on the new house. After review of the "Encroachment Easement Agreement" with Town of Vail, date October 191h, 2012, that governs this pond, landscaping area and associated elements. We are requesting permission to proceed through the development review process with a Design Review application to reconstruct the pond exact /y as it exists current /y as well as remove the Sandstone paved areas that exist on the easement. Below are the governing paragraphs from the attached easement agreement that permit such work and they are further documented on the attached exhibits. ffCTION 1. PURPOlf The Easement Parcel may be used and occupied by the Owner for the purpose of Constructing and maintaining landscaping, patio, drainage and water feature improvements over and on the Property that are consistent in size, scope and character as the encroaching improvements existing as of the date of this Agreement. 3 ffCTION 4 1Y,4INTEN,4NCf Owner shall, at its own expense, keep and maintain m good repair any improvements, landscaping, fixtures or structures constructed, placed, operated or maintained on the Easement Parcel and, within thirty (30) days of termination of this Agreement, shall remove all such items It is very clear from a common sense point of new that what we are proposing makes complete sense. 110 WEST LIONSHEAD CIRCLE, SUITE A VAIL COLORADO 81651 910.411.2990 910.411.2965( F) www.khwehh.ccx MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS 463 Beaver Dam Easement Page 2 You can, of course, take a strict and literal interpretation of this situation. That would be that we are doing exactly what the agreement intended and exactly what we are permitted to do under the agreement. Maintain 1h good repair any improvements, landscaping, fixtures oT structures constructed, placed, operated or maintained on the Easement Parcel." Again, maintain to the highest standards, how a natural water course and the Town of Vail's street drainage flows across private property and back on to Town of Vail property, at no cost to the Town of Vail. Overall, an essential responsibility for both the Town and our client to work hand in hand to maintain and why we see this as very black and white. I hope that you and the Town Council look favorably upon this request as it truly seems like the right thing to do. If you do have questions, please feel free to contact me at our office. Regards, Kyle H. Webb, AIA, NCARB K.H. Webb Architects P.C. CC: Alan Zekelman Jim Wear, Sherman & Howard 110 WEST LIONSHEAD CIRCLE, SUITE A VAIL COLORADO 81651 910.411.2990 910.411.2965( F) www.khwebb.com MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SEVER NANNO BUILDING LE DU7LINE NEAS, RIM =8140,4 INVERT =8127,@ yRE"� DUND PIN ISIS GF ELEVATIGN LIZ _ STDLINE ° AN _ C G NC. WALL, 0.7 �� ELEC. UUTLE has/ a7 ri \ A\ `\ / f 415.3 / a /o.s.� �.s 0.s/ / / / /( r� i \ so �UTILI EA SENENi 0.3 1 / t5+ 984p 1 / ��J Sz5 no / no ❑ I ¢ cl 4e INGRESS L EGRESS EXTG. POND / � �a6� \ s5n ❑ ta5 � \ �ASENEN7 AGE 5 BOOK 462, P _ 00E]= + to © + 000 i,i / 74 31, 81705,7 GRATE / R75' EXTG. OUTLET I I 7.— / @,. VATE- FEATURE \\ / / / » / \ / I \ "\ \ i /l � r j // n / \.e 7" 1 7. "f NEW PROPOSED PIPELINE I i I /' (;: i I 111 1 978.3 8179,2 I / PAVING TO PA l�u BE REMOVED v.m J I i F525 no 1 � 1 I / • / +� \ i�' _ 8379.3 —lei 3 1 UNPLATTED 8179.8 ¢q p I 1152 5 / \\ F4.6� I 74 \\ ` 81@0.1. �O - � -57n Ma7u i / \ q ----- �'f'— i n 7 _a I LA._MTI �� ^� I� - - - -- - - - -- J / � / / 1 1 / 1 i 8180.4 NG ENCROAC �nln 1 SURVEyIT BY EAGLE \ LL Y s4 `.' — ' DATED 12/05/8 �� T KNOVN IF \ \ \ \S� II I/ / !8180 RECGRDED L50 TOP /BACK CURB 74 I l ;\ 16 181 .3 8181.1 WATER — COURSE r I 1 PATH TO BE �5 eo / / 1 REMOVED �S 0.5 1 10.s� \ Is' `-- -` j°� \^� ��\%, �ia.7� APPROX. LOCATION /0's' / +NM 8182.0 OF PIPELINE TO BE \\ \�/ \ PED a .o REPLACED Ift Rr � � I �W I SWAN LOT I' BLOCK 2 VAIL VILLAGE, SIXTH FILING I Q a yl o � s — . 0 3 i ^ �C NOT VALID FOR BUILDING PERMIT WITHOUT ARCHITECT'S WET STAMP ©KHWEBB ARCHITECTS, PC COPYRIGHT 2012 Q � Z 0 W � G M Q a w J J W > J W ae m m �0 O PROJECT: xxxx DRAWN BY: XX DATE: 12.31.13 REVISIONS: WATER COURSE EXHIBIT A000 l.wl� Q a yl o � s — . 0 3 i ^ �C NOT VALID FOR BUILDING PERMIT WITHOUT ARCHITECT'S WET STAMP ©KHWEBB ARCHITECTS, PC COPYRIGHT 2012 Q � Z 0 W � G M Q a w J J W > J W ae m m �0 O PROJECT: xxxx DRAWN BY: XX DATE: 12.31.13 REVISIONS: WATER COURSE EXHIBIT A000 % Aj A 4L t7.4 r Flo, "I a-IN Y A6I 4 ..I 1p IV "tom': . A� W IL - I - k4 t oa IF IP W boo. Ilk AssMAhqkjff n 06 lo sr ww TA ir v JL +y riffs t is� ILI Allow .6 'dw JWK: -,, -v Avwmwm NI T_ kh. 1% %6 sI go, Lp 7� 'd 06. qr 6.6 4L L A . 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"q..'. _may r + �, •- ��... �. : w��'' {j +` '>�� a 5�'y y /// _ ♦ •iV� rx r �1 Ile- AV #11111% Pf IN dv • p All OOF 01 A !'Y Nr 00 1 l '4 r�Yr• WO r r s r —1 • .. a.te j, 1► e ♦ y r r " 7 i qfll�., i e-A VWr .. Za yyy / „�,� �' F �- !/�''���% � s •.,�� -fix PV�I i,_ "I� ¢1' 'e- I p -- � � � ��; � � ` � �` -. r I oo, 111�r� y. '�,.I . 1'�M• „I.� * .. ! Ode— AA A, 1 Y e r fi! •! 1� jj� P _ • � ' '* `'s . .. r '� w ' 1 e 1'!'P'T' r4F o �Y,r 'I ,..� i p • .f w' r` IF 40 Ilk .f FAW A.'a . . r Eagle County, CO 201221487 Teak J Simonton 10/2512012 Pgs: 5 02:11:15 PM REC: $31.00 DOC: $0.00 THIS ENCROACI3MENT EASEMENT A43FM AENT (the "Agreement") is made this 19th day of October, 2012, by and between the Town of Vail, COLORADO, a Colorado home rule municipality with a legal address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town" ), and David P. R.ansburg and Alexandra L. Ransburg, with a legal address of 509 East High Point Road, Peoria, Illinois 61614 ( "Owner "). Owner ovens certain real property in the Town of Vail, Colorado, that is legally described as follows (the "Owner Property"): PARCEL A, TOGETHER WITH AN UNDIVIDED 112 INTEREST IN AND TO PARCEL C, A RESUBDIVISION OF LOT 5, BLOCK 4, VAIL VILLAGE, TMD MJN'G, ACCORDING TO TAM PLAT RECORDED MARCH 2, 1990 IN BOOK 523 AT PAGE 843, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B, TOGETHER WITH AN UNDIVIDED 1/2 INTEREST IN AND TO PARCEL C, A RESUBDIVISION OF LOT 5, BLOCK 4, VAIL VILLAGE, THIRD FILING, ACCORDING TO THE PLAT RECORDED MARCH 2,1990 IN BOOK 523 AT PAGE 843, COUNTY OF EAGLE, STATE OF COLORADO. For and in consideration of the sum of ten dollars ($10.00) paid by the Owner to the Town, the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the parties agree as follows: SECTION 1. LICENSE Owner desires to obtain an exclusive easement to occupy and use the property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Parcel "), which is located on a parcel of land owned by the Town that is adjacent to the Owner Property. Subject to all the terms and conditions hereto, the Town hereby grants to Owner an easement to occupy and use the Easement Parcel for the purpose set forth in Section 2 hereof. SECTION 2. PURPOSE The. Easement Parcel may be used and occupied by the Owner for the purpose of constructing and maintaining landscaping, patio, drainage and water feature improvements over and on the Property that are consistent in size, scope and character as the encroaching improvements existing as of the date of this Agreement. � r l%� SECTION 3. TERMINATION Owner may terminate this Agreement and the easement granted herein by giving written notice to the Town specifying the date of termination, such notice to be given not less than thirty (30) days prior to the date specified therein. The Town may terminate this Agreement and the easement granted herein: (1) upon a determination by the Town that the Easement Parcel is required for use by the Town for a valid public purpose after notice to Owner and an opportunity to be heard; or (2) if the improvements constructed by Owner from time to time on the Easement Parcel are not maintained in good condition and repair or if improvements are constructed by Owner that encroach outside of the Easement Parcel or are inconsistent with the uses granted in Section 2 above, and Owner has not resolved such situation to the satisfaction of the Town within 60 days after notice from the Town. SECTION 4. MAINTENANCE Owner shall, at its own expense, keep and maintain in good repair any improvements, landscaping, fixtures or strictures constructed, placed, operated or maintained on the Easement Parcel and, within thirty (30) days of termination of this Agreement, shall remove all such items. SECTION 5. DAMAGE TO PROPERTY Owner shall be responsible for all damage to the Easement Parcel arising out of or resulting from the use of the Easement Parcel by the Owner, its agents, employees, visitors, patrons and invitees. The Town shall notify Owner immediately upon discovery of any damage. to the Easement Parcel. Owner shall correct and repair the damage within one (1) week of notification or knowledge of the damage unless otherwise directed by the Town. SECTION 6. INDEMNIFICATION Owner shall indemnify, hold harmless and defend the Town and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in -any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Easement Parcel under this Agreement that arise during the period of Owner's ownership of the Owner Property. Owner agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at his sole expense, or, at the option of the Town, agrees to pay the Town or reimburse the Town for the defense costs incurred.by the Town in connection with any such liability, claims or demands. Owner also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. SECTION 7. INSIT1Rt1NCE Owner agrees to procure an insurance policy that includes and covers the Easement Parcel that is the subject of this Agreement, and to name the Town as an additional insured 2 201221487 RIMA thereon: Such insurance policy shall at a minimum include liability and property damage insurance, with a combined single limit for bodily injury and property damage of one hundred fifty thousand dollars ($154,000) per person and six hundred thousand dollars ($600,000) per occurrence. A Certificate of Insurance showing the Town as an additional insured shall be provided to the Town within thirty (30) days of execution of this Agreement, and annually thereafter. The failure to provide the Certificate of Insurance shall be grounds for immediate termination of this Agreement and revocation of the license granted herein. SECTION 8. NOTICES Any notice given pursuant to this Agreement by either party to the other shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: To the Town: Town of Vail 75 S. Frontage Road Vail, CO 81657 To Owner: At Owner's address listed with the Eagle County Assessor at the time that notice is given SECTION 9. MISCELLANEOUS A. Agreement Binding. This Agreement and the.easement granted herein shall run with the land and inure to the benefit of and be binding upon the Easement Parcel and Owner's Property, and the heirs, successors and assigns of the parties hereto, subject to any other conditions and covenants contained herein. B. Applicable Law and Venue. The laws of the State of Colorado and applicable federal, state and local laws, rules, regulations and guidelines shall govern this Agreement, and the venue for any legal proceeding arising out of this Agreement shall be Eagle County, Colorado. C. Amendment. This Agreement may not be amended except hi writing by tnntual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. D. pleadings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. E. No Third Party Beneficiaries. Except as expressly provided herein, there are no intended third party beneficiaries to this Agreement. P. Severability. Many provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 3 201221487 G. Governmental. Immunity. Nothing herein shall be construed as a waiver of any Protections or immunities the City may have under the- Colorado Governmental Immunity Act, C.R.S. § 24 -�10- lei, et seq., as amended. K Integration. The foregoing constitutes the entire agreement: between the Parties and no additional or di•ffamt oral representation, promise, or agreement shall be binding on any of the parties hereto with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective the day and year first above writt:en- 0 ATTESA- Bf rele' onaldson, town Clerk SE a - **woo. PL4RA OWNER: k" 1� David P. Rausburgw�� i STATE OF ! Zh //Vgl Y OFFICIALSEAL MICHAEL L. CARROLL / ) ss. • NOTARY PUBLIC - ST'AT'E OF ILUNOIS COUNTS OF AOC1 1 7 — 6 MY COMMISSION EXPIRES 1140&2015 Subscribed, sworn to and acknowledged before me this _?j day of QL' 2012, by David P. Ransburg and Alexandra L. Ransburg. 1Vy Commission expires (SEAL) 4 201221487 +1 rr � A �gpa57�45�� .r I' lap/ �t CASEMMr t pd.a LOT 5, BLOCK 4 VAIL VILLAGE -THIRD FILING l-W LOT 4 r Q�I MMI. DESCRIPTION �, p That part: of the NH fr Section 7l Township 5 South, Range 89 Weet of the Sixth Principal Meridian, Town of Vail, s4gle County, Colorado, described as follows: Beginning at the mogt westerly corner of Lot 3, RYgck 4. Vail Pillage - Third Filing according to the map thereof recorded in the o£Pice of the Bagle County, Colorado, Clerk and Recorders tfience N44 052 +49 "W 31.00 feet; thence N32 °07953 "8 81.59 feety thence N0015714tr; 58.00 feet to the nurthwestexly line of said Lct 5; thence 538 011643 "W L27{.36 feet, along, anid•norrbwosterly line, to the point o£ beginning, conraining 0.0858 acres, raore or less. DYte• tom. ea ^Qs0%. Qannic torcoran C�Iorado PZ,S 16827 �• �'•� iGl,: 4��