HomeMy WebLinkAboutResidences at Briar Patch - PEC1100341
Shelley Bellm
From:Bill Gibson
Sent:Wednesday, July 13, 2011 3:48 PM
To:Wendy St. Charles (wstcharles@shermanhoward.com)
Cc:George Ruther; Nina Timm; John Fee
Subject:Residences at Briar Patch - PEC110034
Hey Wendy,
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.
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.
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.
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
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
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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.
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.
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.
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.
Please feel free to contact me via email or at 479‐2173 if you have any questions or comments.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Community Development
970.479.2173
970.479-2452 fax
vailgov.com
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