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Home My WebLink AboutRE-Residences at Briar Patch - PEC1100341 Shelley Bellm From:St. Charles, Wendy R. <wstcharles@shermanhoward.com> Sent:Wednesday, July 13, 2011 6:42 PM To:Bill Gibson Cc:George Ruther; Nina Timm; John Fee Subject:RE: Residences at Briar Patch - PEC110034 Bill - Please see my comments to yours below. I would like to review these issues with you as soon as possible, per my prior email and voicemail to you of this afternoon. The below position comes as a surprise based on prior discussions with the Town, including objectives discussed with the replat dating back several months and to last Fall. Most recently I spent two days in meetings with the Briar Patch owners to meet a deadline of delivering proposed envelope revisions to the Town, at the Town's request that envelopes be shown on the amended plat (the building envelopes were abandoned by the prior plat and no longer exist. It is at the Town's request that they be shown on the amended plat for purposes of defining preferred areas within which development/modification must occur). The stated deadline for defining the envelopes was last Thursday. We met that deadline by delivering the proposed envelope lines to the Town and have requested feedback on the proposed configurations, so to come to some reasonable consensus on those locations. I understood from yesterday's meeting the supplemental information needed to identify the 40% slope areas around the proposed envelopes, which we are gathering, and we do not oppose alterations reasonably needed to address neighboring site setback limitations. We appreciate your efforts in attempting to finalize the proposed plat with the owners. We recognize the challenging history this site presents and are hopeful to be able to correct and improve on the myriad of issues with this site. All the owners desire here is to be able to reasonably undertake future modifications to their residences as circumstances arise, with the Town's review and approval of plans as may be submitted, based either on lot lines governing or reasonably defined envelopes controlling, whichever the Town prefers. A considerable amount of time and money has been spent responding to the Town's request, so we ask the Town's cooperation in resolving the problem with us. As noted above, see our comments below in response to issues raised. Regards, Wendy Wendy R. St. Charles ********************* Wendy R. St. Charles, Esq.; Sherman & Howard L.L.C.; 1000 S. Frontage Rd. W., Suite 200; Vail, CO 81657 Direct Dial: 970-790-1612; Fax: 970-476-7118; wstcharles@shermanhoward.com **************************************************************************** THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distributions, forwarding or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone at (970) 476-7646 and delete the original message immediately. Thank you. From: Bill Gibson [mailto:BGibson@vailgov.com] Sent: Wednesday, July 13, 2011 3:48 PM To: St. Charles, Wendy R. Cc: George Ruther; Nina Timm; John Fee Subject: Residences at Briar Patch - PEC110034 Hey Wendy, 2 Here is a summary of the issues we discussed related to the most recent version of the Fifth Amendment to the Residences at Briar Patch plat dated yesterday, July 12th 2011:  The proposed amendments to the existing building envelopes and allowable site coverage alter the scope of the submitted major subdivision application. As stated on the current Residences at Briar Patch plat “major amendments such as site re‐design, use changes, etc. will required a Planning and Environmental Commission review.” The public notice for the submitted major subdivision application was published as “amendments to the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch, and the creation of Parcels G and H … for the purposes of preserving open space and mitigating high severity rockfall hazards”. Upon further review of the already published public notice language, Staff believes a new public notice is required for the now proposed amendments to the building envelopes and allowable site coverage limits. The public notice for the Planning and Environmental Commission’s August 8th hearing will be published next week, so please contact me by no later than Noon of Monday July 18th if the Home Owner’s Association would like to pursue these new requests. [Bill - Consistent with the public notice, under the current proposed plat it is the existing "Parcels A through F" that are being amended. It is the Town's request to show building envelopes that resulted in the need to determine configurations for the envelopes. The building envelopes were abandoned by the 4th amended plat, with only Parcel lines retained. If the building envelopes, which were abandoned by the prior plat, are not created then the configuration of the envelopes is not an issue. (See page 3 of the 4th amended plat noting abandonment of the envelopes.)]  Since the most recent version of the proposed final plat was submitted yesterday afternoon, Staff has not had adequate time to fully evaluate the request for additional site coverage or to form a final recommendation to the Commission. Please be aware that in 2004 the Town of Vail adopted amendments to the gross residential floor area (GRFA) regulations which resulted in additional floor area allowances for many residential properties in Vail. These 2004 Town Code amendments were intended to streamline the GRFA regulations and to facilitate the construction of below grade floor area. These regulations were not intended to substantively increase the bulk and mass of buildings in Vail. Therefore, the Town of Vail did not alter any other zoning standards such as site coverage, landscaping area, setback, building height, etc. to further facilitate the construction of any increases in allowable GRFA. In 2005, the Town of Vail approved the Fourth Amendment to the Residences of Briar Patch which increased the allowable GRFA limits prescribed on the plat to create equity between Briar Patch and other properties in the Residential Cluster District. As with other properties in this district, the Town of Vail did not approve any amendments to the plat restricted site coverage, landscaping area, setbacks, building height, etc. to further facilitate the construction of these increases in allowable GRFA. [Bill - As we confirmed yesterday, the site coverage ratios for this site are substantially below zoning requirements for cluster developments. Nothing contemplated under the current map approaches the site coverage allowance permitted in other cluster zoning sites and thus site coverage ratios should not be an issue. Existing site coverage requirements on the 4th amended plat are simply a reiteration of the Parcel area, with no further relevance, as far as we can tell.]  The proposed building envelope amendments must comply with the Residential Cluster District setback requirements prescribed in Section 12‐6E‐6, Setbacks, Vail Town Code. The proposed amendments to the Parcel A building envelope must be corrected to comply with the 20 foot front setback requirement along Buffer Creek Road. The proposed amendments to the Parcel E building envelope must be corrected to comply with the 15 foot side setback requirement adjacent to Eiger Chalets. [Bill - The plat is being revised to address these comments as requested by the Town.]  Pursuant to Section 12‐21‐10, Development Restricted, Vail Town Code “no structure shall be built on a slope of forty percent (40%) or greater…” Pursuant to Section 12‐21‐12 “slope” is “the gradient of undisturbed land surface prior to site improvement of a lot, site, or parcel.” The Town’s archive plans for the Residences at Briar 3 Patch identify natural slopes of 40% or greater in close proximity to the existing building envelopes. Some portions of the proposed amended building envelopes appear to encroach onto these steep grades contrary to the requirements of Section 12‐21‐10. The proposed amended building envelopes must be corrected to avoid these natural steep slopes or a variance application must be submitted for review. Topographic survey data clarifying the location of the natural 40% or greater slopes and the proposed building permit envelopes must be submitted for review. This survey data must be submitted to my attention at the Community Development Department by no later than Noon on Monday, July 18th. [Bill - Per our discussion yesterday, the surveyor is undertaking site work around the proposed envelopes to evaluate "existing" 40% slope, which is most relevant. The Code obviously contemplates an evaluation of the 40% slope at the time plans are considered. Since we are defining envelope boundaries with existing development (other than Parcel C), existing site conditions are most relevant, which we know have been altered per plans previously approved.]  As we discussed, the proposed amendment to the Parcel D building envelope and it’s proximity to the adjacent ridgeline will be a point of deliberation for the Planning and Environmental Commission. As stated on the current Residences at Briar Patch plat “the sites are defined by specific building envelopes which are oriented to place homes into the hillside, not on it.” As we discussed, the proximity of the existing building envelopes to the ridgelines was an issue of debate during the original review of the building envelope configurations in 1993. [Bill - We understand the sensitivity to the ridgeline and have attempted to "tuck" the envelope in toward the front of the residence to address this concern. Slope evaluations will support that the proposed envelope pulls "away" from the ridge, rather than "toward" the ridge. John Fee is sending you the topo for this site, as discussed. Photos may also facilitate the perspective, as well, which we are pleased to provide.]  The existing and proposed building envelopes must be staked on site prior to the Planning and Environmental Commission’s hearing. In order for Staff to understand the scope of the proposed amendments and to form a recommendation to the Commission, the envelopes must be staked for a Staff site visit to Briar Patch. The existing and proposed building envelopes must be staked by no later than Noon on Monday, July 18th. [Bill - The intention is to stake the site, as requested. The surveyor proposed waiting until closer to the PEC hearing date to be assured stakes remained in place, but we will ask them to get the staking underway right away.] If the co‐applicants (Briar Patch Homeowner’s Association and the Town of Vail) wish to proceed with the submitted major subdivision application to establish Parcel G and to create Parcels A‐F around the existing building envelopes, this application will be reviewed by the Planning and Environmental Commission on July 25th. If the co‐applicants wish to pursue amendments to the building envelope and allowable site coverage, the major subdivision application can not be reviewed earlier than August 8th. [Bill - If the lot (Parcel) lines can control for future development, there is likely no need to create building envelopes. We understand the confusion on this issue, based on the inconsistencies in the prior plat, but we are doing our best to work with the Town to correct the problem, but we must have consistent direction if we are to meet timeline objectives. Please tell me your first availability to discuss this issue, so that we can obtain clarity as to whether (i) the Town requests we create envelopes in the areas where Parcels now exist, or (ii) whether the Town prefers we forego envelopes and allow lot lines to govern. We appreciate the efforts to run this issue to ground definitively, as quickly as possible.] Please feel free to contact me via email or at 479‐2173 if you have any questions or comments. [Bill - I left you a voicemail to discuss as soon as you are available.] Sincerely, Bill 4 Bill Gibson, AICP Town Planner Community Development 970.479.2173 970.479-2452 fax vailgov.com twitter.com/vailgov