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HomeMy WebLinkAbout2000-0828 PEC~a THIS ITEM MAY AFFECT YOUR PROPERTY ~~ _ ~- ~~: PUBLIC NOTICE ~.~ ~-_r NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-8 of the Municipal Code of the Town of Vail on August 28, 200A, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a minor subdivision to alkow for the reconfigurat"ron and replotting of two existing lots and the rezoning of Lot 16, Bighorn 2"d Addition, from Agricultural & Open Space to Two- Family PrimarylSecondary Residential, and the rezoning of Tract A to Natural Area Preserve#ion District, located at 3886/3896 Lupine DrivelLots 15 & 16, Bighom 2"d Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ruttier The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located 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 Departmen#. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please calk 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 11, 2000 in the Vail Trail. `- ,t~' ri d TQ~'N 06 YAb i • • PROt)F C)F PUBLICATIIOIN STATE CAF COLORADQ ) SS. COUNTY DF EAGLE ) I, ALLEN KNDX do solemnly swear that i am the PUBLISHER of THE VAIL TRAIL and THE DAILY TRAIL: that the same are newspapers printed, in whole or in part and pub- lished in the County of Eagle, State of Colorado, and have a general circulation there- in; that said newspapers have been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspapers for the period of ~ consecutive insertions; and that the first pub- lication of said public notice was in the issue of said newspaper dated ~~d~~' ~t , 20 Utz and that the last publication of said notice was in the issue of said newspaper dated VSO ~ l , 20 °~' , In witness where- of Ihave hereunto set my hand this C~~~ play of ~~~~~ , 20 so Subscribed and sworn to before me, a Hofer State of Colorado, this _I,1 ~ -day of 20 °~ 23.2004 Eagle, Pu~lf NOTICE 9S HEf Wing and Envirgnmer of Vail will bald a p~ with section f2 3'~ t Town of Vail on Augt the Town of Va~t`I Mun tion of: A request fora n the reconfiguration ai lots and the reznning dilion, lram Agricuttu Family Pramary/seco reaaning of Tract A t~ District, EocatecF at 31 15 S 16, Bighorn 2nd Appplicant Wilsga by Jay Tschimer, First Planner. George The applications prgposals are availah tng regular otfica haul five. located al the Ti v:~.,.~ ~ .Departmer The public is invited I and the si4e vi5ds Ihal in the Tawn of Vail Cr Please call Sign language interp quest with 4 hour n 2356. Te : ~ ; for 11 formation. Cpl Published an Aug ~ ~~~ • • PR~1QF ICaF PUBLICATIQN STATE CAF CC7LORADC7 } } SS. COUNTY OF EAGLE ) I, ALLEN KNC~X do solemnly swear that I am the PUBLISHER of THE UAIL TRAIL and THE DAILY TRAIL: that the same are newspapers printed, in whole or in part and pub- lished in the County of Eagle, State of Colorado, and have a general circulation there- in; that said newspapers have been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement, That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspapers far the period of ~ consecutive insertions: and that the first pub- lication of said public notice was in the issue of said newspaper dated -~v~~~ ~~ , 2iJ ~=~ and that the last publication of said notice was in the issue of said newspaper dated ~'~~ `.~ , 20 ~ . In witness where- of Ihave hereunto set my hand this~~ day of fS~-S~ , 2~} ~ . Subscribed and sworn to before me, a notary public in and State of Colorado, this .~-~~ day of ~C-~~~~ of Eagle, -.YM /"'~ Ct+ ~ 1- ~ ~ ~ n j J ~'~ *, ~.:~ ~ My Cammissian expires-eR Junk 23, 2f]04 ~'~ oF.cdw , 20 ~ . PLANNING AN'D ENVIRONMENTAL CC7MMISSIDN PUC3LIC MEETING SCHEDULE Monday, August 28, 2t}00 PRO.~ECT ORIENTATION / -Community Development Dept. PUBLIC WELCOME 12:00 pm • GR Training Session -Non-Canforrning Uses ILotslStructures :30 min. MEMBERS PRESENT Site Visits Wilson Family Trust - 388613896 LupineDrive (taring hiking footwear) Driver: George ~~ N©TE: If the PEC hearing extends until F:0© p.m., the board may break for dinner from 6:oQ - 6~3o p.m. Public Hearing - Tawn Council Chambers 1:15 pm 2:00 p.m. A request for a minor subdivision to allow for the reconfiguration and replatting of two existing lots and the rezoning of Lot 16. Bighorn 2n~ Addition, #rom Agricultural & Open Space to Two- Family PrimarylSscondary Residential, and the rezoning of Tract A to Natural Area Preservation District, located at 388613896 Lupine Drive/Lots 15 & 16, Bighorn 2"d Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Developmen#, LLC Planner: George Ruttier Information Update SELECTI©N OF PEC REPRESENTATIVE AT DRB FUR 2000- Doug Cahi[I - Jan-Apr. 5, "00 Chas Bernhardt - Apr 19, '00 Galen Aasland - May 3, `QQ Brian Dayon - May 17, 'UO - Jun 7, `oQ Tom Weber - Jun 21, '00 John Schofield - Jul 5, '00 Chas Bernhardt - Jul 19, 'oo Doug Cahill - Aug 2, '00 ~~~~~t . ~ ai ati I TOIfN 4,Y V~[L ~ MEMBERS ABSENT Galen Aasland - Aug 16, 'Ofl Torn Weber - Sep 6, '00 Brian Doyon - Sep 2D, '00 John Schofield - Oct-Dec `DO 3. Approval of August 14, 20Ufl minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Tawn of Vail Community Qevelopment ©epartment, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with ~4 hour nctification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Deve4opment ^epar#ment Published August 25, 2f]60 in the Vaii Trail •i :7 s • PLANNING AND ENVIRONMENTAL COMMISSION MEETING RESULTS Monday, August 28, 2000 PR©JECT ORIENTATEON 1 -Community Development Dept. PUBLIC WELCOME 12:00 pm • GR Training Session -- Non-Conforming Uses !Lots/Structures :30 min. MEMBERS PRESENT Chas Bemhardt Diane Golden Brian Doyon Doug Cahill Tom Weber MEMBERS ABSENT Galen Aasland John Schofield Site Visits : 1:15 pm Wilson Family Trust - 3885/3896 LupineDrive {bring hiking footwear) • Driver: George ~o (VOTE: If the PEC hearing extends until 6:0o p.m., the board may break for dinnerfrom 6.00 - 6:3Q p. m. Public Heaririq -Town Council Chambers 2:40 p.m, A request far a minor subdivision to allow for the reconfiguration and replotting of two existing Pots and the rezoning of Lot 16, Bighorn 2'~tl Addition, from Agricultural & Qpen Space to Two- Family Primary/Secondary Residential, and the rezoning of Tract A to Natural Area Preservation District, located at 388613896 Lupine DrivelLats 15 & 16, Bighom 2"d Addition. Applicant: Wilson Family Trust, represented by Jay Tschimer, First Land Development, LLC Planner: George Ruther WURKSESSION - NO VOTE 2. information Update SELECTION OF PEC REPRESENTATIVE AT DRB FOR 200{3- • Doug Cahill Chas Bemhardt Galen Aasland Brian Doyon Tom Weber John Schofield Ghas Bemhardt Doug Cahill Jan-Apr. 5, '00 Apr 19, `00 May 3, '00 May 17, '00 Jun 7, '00 Jun 21, '00 Jul 5, '00 Jul 19, 't)0 Aug 2, '00 ~, ~. Galen Aasland - Aug 1fl, 'Q(7 Tom Weber - Sep fi, 'flfl Brian Doyan - Sep 2fl, °(}0 John Schofield - Oct-Dec 'fl0 3. Approval of August 14, 2DQfl minutes Thee applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Tovvn of Vail Community Development Department, 75 South Frontage Road. Rlease call 479-2138 for information_ Sign language interpretation available upon request with 24 hour notification. Please call 47g-236, Telephone far the l-Eearing Impaired, #or information. Community Development Department • • • 7 MEMORANDUM TO: Planning and Environmental Commission FRflM: Community Development Department DATE: August 2$, 2Qt7D SUBJECT: A request far a worksessian to discuss a minor subdivision to allow for the reconfiguration and replotting of two existing lots and the rezoning of Lat 16, Bighorn 2nd Addition, from Agricultural & Open Space to Two-Family PrimarylSecondary Flesidential, and the rezoning of Tract A to Natural Area Preservation District, located at 3$$fi/389F Lupine DrivelLots 15 ~ 16, Bighorn 2'~d Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Rather I. DESCRIPTION OF THE REQUESTS The applicant, the Wilson Family Trust, represented by Jay Tschirner, of First Land Development , L.L.C., has submitted two development review applications to the Town of Vail Community Development Department. The applications are for the resubdivision and rezoning of two lots in East Vail. a. MINOR SUBDIVISION The applicant is proposing a minor subdivision to resubdivide Lots 15 & 1 fi in the Bighorn Subdivision, Second Addition. These lots are located at 3886 and 3$96 Lupine Drive. The purpose of the resubdivision is to create two new lots, each approximately 1.~ acres in size and to establish a tract of land 2.4 acres in size to be dedicated to a third parry (i.e., TOV, USFS, Eagle Valley Land Trust}. The creation of the two reconfigured lots will be accomplished by vacating the existing property line between existing Lots 15 ~ 16 and replotting two new property Sines. A copy of the proposed plat has been attached for reference. B. REZONING The applicant is proposing to rezone Lots 15 & 1 fi, Bighorn Subdivision, Second Addition. According to the CJfficial Town of Vail Zoning Map, Lot 15 is zoned Two Family PrimarylSecondary Residential and Lot 16 is zoned Agricultural & Qpen Space. The applican# is proposing to rezone Lot 16 to Two Family Primary/Secondary Residential and to rezone the newly created, undevelopable tract (Tract A) of land to Natural Area Preservation District. ~Y 1 ~~~~ a~ T©N~N ~?~ VAIN ~# IL STAFI~ RECQMMENDATION As this is a worksession, the Community Development Department will not be making formal recommendation to the Planning & Environmental Commission at this time. We will provide a formal recommendation at the time of final review of the request. A final review of this request is tentatively scheduled far Monday, September 11, 2(]0©. While we are not prepared to make a final recommendation at this time, staff recommends that the applicant, neighbors and Commission explore alternatives to the present proposal. Staff suggests that the applicant revises the current proposal to come into greater compliance with exis#ing development conditions and to reduce any potential negative impacts on the neighborhood and community- A. MINOR SUBDIVISIQN B. REZONING III. BACKGROUNQ The Bighorn Subdivision Second Addition was planed on July 22, 1963. The platting was approved by the Board of County Commissioners of Eagle County as the property was then under Eagle County jurisdiction- Lots 15 & 16 have remained in the current configuration since their original platting. The Bighorn Subdivision Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 2I~, Series of 1974. The annexation became effective on November 5, 1974. t9pon annexation into the Town of Vail, Lots 15 & 16 were zoned Two Family Primary/Secondary Residential. Lot 15 remains to be zoned Two Family PrimarylSecondary Residential. Lot 16 has been rezoned. In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically Sensitive Areas Study. For purposes of the study geologically sensitive areas were defined as snow avalanche,. rock fall and debris flow. In response to the findings of Mr. Mears' study the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977_ In 1977, Lot 16, Bighorn Subdivision Second Addition was rezoned. The lot was rezoned to Agriculture & Open Space from Two Family PrimarylSecondary Residential. The request for the rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson. According to the information in the Town's file; the reason the rezoning was requested was because a restriction had been placed on the warranty deed dated September 1, 1972, prohibited habitable structures being built on Lot 16 for a period of twenty years (September i, 1992), In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations are to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land areas which may be geologically sensitive; and further to regulate development on steep slopes; 2 to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche paths and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. In 1986, the Town of Vail adopted the Town of Vail Land Use Plan. Similar to the Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan. According to the Land Use Plan, Lots 15 & 16 are designated "low density residential". The purpose of the low-density residential designation is to provide sites for single-family detached homes and two-family dwelling units. Density of development with in this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools, and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. In 1994, the Tawn of Vail adopted the Comprehensive Open Lands Plan. The objectives of the plan are: • To identify citizen and visitor needs and preferences for a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails, and to reserve lands for public use; • To prioritize available open lands for acquisition or protection; • To identify creative strategies to implement the acquisition and protection program; • To define a management system to appropriately manage Town-owned open space lands, and; • To buffer neighborhoods with open space. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action either for protection of sensitive lands, for trail easements, or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on which actions are recommended. The recommendations were developed utilizing specific criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if they met the stated objectives of the Town and its citizens and were an integral part of the open lands system. Within the 51 parcels, there are five priority areas made up of a number of recommended actions. These priorities are: • Protect sensitive natural habitat areas, riparian areas, and hazard areas; • Extend the Vail Trail to East Vail and add several trailheads to access the trail; • Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; • Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; • Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley Drive. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lott 6, Bighorm Subdivision Second Addition as "Parcel 41"for implementation purposes. Parce! 41 is 3 classified as a "High Priority". The high priority classification is based upon the Town's desire to acquire both the development rights and trail easements for the proposed South Trail extension. The plan also notes that Parcel 41 is located in a geologically sensitive area. Strategies for protecting Parcel 41 include acquisition through a fee simple purchase, purchasing the development rights, and/or acquiring an access easement through the parcel As a high priority classification, Parcel 41 meets both Level One and Le~ei Two Evaluation criteria. Level One Evaluation fiocuses on meeting community needs relating to the natural resource system, the recreation system, trails system, and reserving lands for future civiclpublic uses. Lovel Two Evaluation focuses on the availability of the parse! utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for trade with the LJSFS, low management requirements on the Town of Vail and low liability to the Town. In 1995, the Town of Vaii Community Development Department serf correspondence to the owner of Parcel 41 (Lot 16}. The purpose of the letter was to gauge the level of interest of the property owner to sell Parcel 41 to the Town of Vaii. The property owner expressed no interest and no further communications have taken place. The Town of Vaii has never made a forma! written offer to purchase Parcel 41. Research into the Town of Vail Zoning Map indicates that there are twenty properties in the Town of Vail zoned Agricultural & Open Space. Of these twenty properties seven are privately owned. The other thirteen properties are either publicly owned (TOV/~1SFS}, awned by Vail Associates and restricted as dedicated open space as part of the original subdivision, or awned in common by a homeowner's association and restricted as dedicated. open space. Of the seven privately owned properties, three are legally platted subdivisions. One ofi the legally platted properties is Lot 1 ~. The Town of Vail Zoning Gode prescribes the land development regulations. far development within. the Town. The fallowing code sections are particularly relevant to the evaluation of the applicant's proposal. Chapter 6 -Single-Family Residential Chapter 6 -- Two-Family Primary/Secondary Residential Chapter 8 -Agricultural & Open Space Chapter 21 -Hazard Regulations Copies of each of the code sections listed above have been attached for reference. IV. ZQNING ANALYSIS The purpose of the Zoning Analysis is to provide a written comparison of the existing development rights of Lots 15 & 1$. The analysis also provides a comparison of the lot sizes, allowable GRFA, and geologic hazards associated with other properties in the same neighborhood. • 4 LOT 15, BIGHORN SUBDIVISION SECOND ADDITION ~PrimarylSecondary Re sidential} EXISTING PROPOSED Lot Size: 83,653 sq. ft. sq, ft. Density: 2 DU + 1 Type fl EHU 2 DU + 1 Type II EHU GR>=A: 7,933 sq. ft. + 500 sq. ft. (EHU) sq. ft. + 504 sq. ft. EHU) Site Coverage: 16,731 sq. ft. sq. ft. (2g%) Setbacks: Front -20 ft. Same Sides-l5 ft. Rear- 15ft. Landscape Area: 50,192 sq. ft. sq. ft. ~6a~ro} Building Height: 33' maximum Same LOT ifi, BIGHORN SUBDIVISION SECOND ADDITION (Agricultural & Open Space) EXISTING PROPOSED Lot Size: 125,797 sq. ft. sq. ft. Density: 1 DU + 1 Type II EHU DU + 1 Type Il EHU GRFA: 2,x00 sq. ft. + 500 sq. ft. (EHU) sq. ft. + 500 sq. ft. (EHU) Site Coverage: 6,289 sq. ft. sq. ft. ~5%} Setbacks: Front -20 ft. Same Sidr:s-15 ft. Rear- 15ft. Landscape Area: NIA Same Building Height: 33' maximum Same V. MINOR SU BDIVISION CRITERIA 5 A basic premise of subdivision regulations is that the minimum standards for the creation of a new [ot must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Municipal Code. A. The first set of criteria to be considered by the planning and Environmental Commission for a Minor Subdivision application is: Lot Area: Staff Response: Frontage: Staff Response: Dimension: Staff Response: B. The second set of criteria to be considered with a Minor Subdivision application, as outlined in the subdivision regulations, is: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-~-3C. The Planning and Environmental Commission shall review the application and consider its appropriateness firegard to Town policies relating to subdivision control, densities pr©posed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding Iand uses and other applicable documents, effects on the aesthetics of the Town. The Specific purpose of the Subdivision Regulations is as follows: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type acid extent of improvements required. Staff Response: 2. To provide for the subdivision of property in the future without conflict with development an adjacent land, Staff Response: 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: • 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: ~. To guide public and private policy and action in order to provfde adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard. the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. Staff Response: VI. REZONING CRITERIA The Planning & Environmental Commission shall make the fallowing findings before recommending approval of a zone change request: 1 } is the existing zoning suitable with the existing land use on the site and adjacent land uses? Staff RespQrrse: 2} Is the amendment preventing a convenient workable relationship with land uses consistent with municipal objectives? Staff Response: 3} Does the rezoning provide for the growth of an orderly viable community? Staff Response: 4} Is the change consistent with the Land Use Plan? Staff Response: • Chapter I! of the Vail Land Use Plan outlines numerous goals and policies for the development of land in the Town. The goats and policies reflect the desires of the community as expressed during a series of public meetings that were held throughout the development of the plan (1990). These goals are to be used as adopted policy guidelines in the review process of new development proposals, The following is a list of goals and policies of the Land Use Plan staff believes are relevant to the proposed minor subdivision and rezoning requests: General GrowthlDevelooment 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve bath the visitor and the permanent resident. 1.2 The quality of the environmen# including air, water, and other natural resources should be protected as the Town grows. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most. of the additional growth in existing developed areas (infill). Skier/Tourist Concerns 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. • 8 48/22/9© TL1E 49;56 FhX 1 707 78a 1965 STEWr1RTS p.ug--~2-d0 Q9:25A Colc~rac#o Spea~k~rs bureau :770 4r6 b5d5 P~'BL.IC Ptt ~T1~N • .. :.. We request that the Vail Trnvn Council and Planning and Envir~nmenta[ Gornmission deny the application of de~reloper, Henry day ,fsChirrter, and Property Owvner, the 1Nllsor~ Family Trust to Subdi'~ide LAC 15 ar=d rel.~ne Lot ~6, Stgh~am, 2n° Adc~i~vn, from Open S~ce t+r- Primary/S~e~coradary E~evelopment. ~) Wher+eas, ~e Nail. Open Lands Pfian >aas designated lot !6 as in parcel al, ~e "Highest Pria~tyr' In ttie preservatfpn of open space in Vail; ~) Whereas, the Vail Qpert Larx~s Plan s3albes its objective "IS to p~tecf natural, aspen space and preserve tl~e'mountaira exper`ience'.'. 3) Vyhereas, the vat' Opp lends Wan slabs heat the Plan protects open spaces which provide a "recreational, environmental, a~td visual resource"'. ~HFORF, VIE v~G4)~t€3US4Y OB~E~t• Tt! T1~E 5lJSD]NY,S3DN OR !flT tS ANt] THE 02€~t'!i!-IIHDG OF L.DT if FROM [9PEN SPICE T'O PRIl~9AR~f'/SECONDARY !~4l1S~sG, ~, _ \~~j ~.- ~~~ , The llnders~ned: Printed Narr~ Address .._!.. 3. :~ ~g#u, ~,` • f lr .r .Cf _~f ~ s. 9. __.._.~_ .. Signature ~ flabe -._ r~. ©02 P_OZ i ~,/~ f ,,~~~?o f f ,?l~~,B Y~~~.~1~ v'at' Ca___L~i' ~ ~ ~~~~ rhq ~ ~o-lC-S l~3 V~ r'1, ~ D ~/~~~~ ~~1~3~I+C ~~TIT~~~i `` ~1=: _ Eas~'aii'Ifllaterl'alC ~ ..., .. _ ,I We request that the Vail T ©wn Council and Planning and Environmental Commission deny the application of Developer, Henry Jay Tschimer, and Property Owner, the Wilson Family Trust to subdivide Lot 15 and rezone Lot f5, Bighorn, ~"~ Addition, from Open Space to Primary/Secondary Development. ~.} Whereas, the Vail Open bands Plan has designated lot 15 as in Parcel 41, the "Highest Priority" in the preservation of open space in Vail; 2} Whereas, the Vail Open Lands Plan states its objective "is to protect natural, open Space and preserve the `mountain experience' " 3} Whereas, the Vail Open Lands Plan states that the Plan protects open spaces which provide a "recreational, environmental, and visual resource". TIHERFIF~RE, WE VIGOROUSLY QB]ECT TO THE SUB~3IVIS~~N ~F LAT 15 AN© THE REZONING OF Lt~71fi FRAM OPEN SPACE TO PRIl~1ARY~SECONDARY HOUSING. The Undersigned: Printed Name Address Signature __ Date • ., _, ,~ {~f , / i , .~ ~' ~/sI~"~r`•!&~ ~~I~rdTld,r~ ~~1~'~ (~+.sti~..~ .1," ~ J ., ry.cfj% G/.~~! r ~f / c?o ._ 3, L .~~ ~ ~ ~r;~~~ y ice,,-~ ~~~~,~~ ~ ;,-. T i ~ ~ ~S s ;~'~~.r,Ir~. ~- ~~~ ~ ~ ~ ~ ~, ~ __ ~r~ ~.~ f J ~ ~ / _.. r f ((~~ ~f!1 ry ~r ] ~ r O. ~ ~~. U. 17~/ l1n!~+1/~`~ --1 ~~Y °~n, ~~~~fi:ti '~ ~~ f ~.~'~L Lf'~ ~ ~`~. ~y' `'{ f~;;~~~•{~i i ,a~ ~ ~ ,~ a 1 :i ;1. 1 ~ r~ ~ ._ ,- - __ ~~ __ ~ 12. ~ .. _ - ~ ~'~ 13. _' ~, ' ~ ;~ / _._ f ~.~..r~~ ~7 '~-'T rf ~ 4t~1."'~ ~. ~ll_~"p,.:~.l.Ifif~_.~f~i! _ f~rP .~7 ~~~. r?il ~~ `n `, ~/y r ~4/• .,_, ~ fff ~7~ ~ ~ r y "~! r ! ~ "~" r.-r~ E'fVL~~" r'T~' :J 1 rlr~ ~l r ~, I T~ i .a~~~~TC.^J`11: ~' ~ ~ .~=.s _ , 20. ~ ,~~ . -- r : ~ ~ !- ~~ ~. ~ .. J ~`~~. ~ z~. ~} '` l ~~'..... f-,~ V.Cs ~~: y s•n ~ ~:.~+ .~ _ :~ ~ ~/ U t i~..~7'~ ."'f ~ *r Gtr f ~Q - ~r~~o +„~~~,'Y~ ,. ~ f ~,.. .+ .-~.-ter...,,.... l?i'°: ! %' rJ:t~ ~~~ ~ o ~ f' ~' l L C (~ . ~~~c -~~ d .. ..... r . ~. ~~~ fi\` . . 4.e ~' . _ ~~. 33.-x° / - _ ~ .~ _ / _ _ .- ~~i~ ~ ~ ~. _ ~~ ~~ y ' ~ ~~ + _~ .1 % r° C,~ ~ ,~~ 1. 1 ~c~ ~ ~ ~r;`~ ... y . :, ,~: ~ •;. c 36. ~ _ _ _ _ .,, . ... " 71~ _ A ~~. ~ ."i op {~ '~.1~ r'i, r ..! ~f i• t ~ a ~ i j~j ~ rrr ,~l ~(~/(/ r :~L' ~ ~ IJ ~~i / f /Jf . -, ~ '~ (^ _ J ~. n l- .~7~,~1 f~~ ~LtiJ~s i\.~ ' ~ r~ ~/ ~~ ~ ~ ~~ ~ ic' ~~~~e~ , " ~~ , l',~~,. • ~` ~t ~1 ~~1~( ~~ ~ % :t%' ` ~r r r-- _ _ ^..~ . ~. _ _... __ ~ .. .. _ _. ~ ~ 1 4~.. ~ r ~ ~ r --~-°~, 42. - ~ j 5~ '~~ ~] (yam' t .~ ~'S, r~J~.G~~~~~~ ~ti'! ~'~ `,i:rl ~ GZ ~ ~ ti 1 L ) ' ~• f-L l~~" ~~~ ~.? ~ ~~ G~i~I. UL~~~ J y ~7. f 1 ~ / -- rf "' } ~ ~-' r r ~~ '~$. 49. _ S4. 5].. __ ... -. ... 5Z. 5~. 5~. _ _. __ 55. 5f. 57. 58. .. _ __ __ 59. . _ _. _ _ _ _._... _ o 6Q, _ fig. `~ _ 6z. _. _ ___ -- 6~. , 64. _ ......... 65. 66. .. .. __ _ __ 67, __ 68. Ir1 LJ Dear Galen, As Chairman of the Planning and Environments! Commission, there are two requests that we 'East Vail residents have pertaining to the August 28"' meeting. 1) we would like 3 minutes per family to present our views, 2) We would appreciate a question and answer time. ~) We would like to submit the attached example petition on Monday as we would like to accumulate the signatures of our weekend residents. Thank you for your consideration. We are having a meeting Saturday morning in East Vail. If you have any direction it would also be appreciated. Please call Biil Stewart at 4~5-4315. • Sincerely, Concerned East Vail Residents ~ ~ ~ b -~ ~~ . • • ~U~~~Li PET~~~~~ # 'R~: _ E2ist'~ati<'~u!~l~~f~+il _ i:. We request that the Vail Tawn Council and Planning. and environmental Commission deny the application of Developer, Henry day Tschimer, and Prop+erty- Owner, t#'tie Wilson Family Trust to subdivide l`ot 15 and rezone Lot 15, Bighorn, ~'~ Addition, from Open Space tv Primary/Secondary Development. ~,) Whereas, the Vail Open lands Plan has designated lot iC as in Parse! 41, the "'Highest Priority„ in the preservation of open space in Vail; 2} When the Vail Open lends Plan states its obj.,::..1~ re "is tQ protect natural, open she and preserve the `mountain experience, „ 3} Whereas, fine Vail Open hands Plan states that the Plan protects open spaces which provide a "recreational, environmental, and visual resource". THEREFORE, iIYE VIGOROLSI~f' O8~71~.''l" TO THE SUBDIVfSiON OF LOT 35 AND THE REZONING ~OF LOT 16 FROM OPEN SPACE 70 PRIMARYJSECONDAR~ HOUSING. The Undersigned: Panted Name Address -Signature - Qate i. ~la~,~~c~ i )u tiu c1~ lc. 4...~x~~~...~'~ . ~ . r,.~- c~ ~ $ - ~t -~cx~ / `~ ~ -Z ~ ~' ~ ~ tai ~ ~4.~~ (~ ~,. ~= ~.~ -~ 5. ~ ) ' ~ "f -S! i'_~ ~ r' I `s / ~f- r ~~~~'~i,~r-yam ~~~._~!-.. 8, ,~ . ' ~ ~ t [ ~ ~ iii L ~. S ~,,, August 1 ~, ~ooa Doug Cahill Planning and Environmental Commission Municipal Bldg. 75 S. Frontage Road Vail, CU 81857 Dear Mr. Cahill: You are probably aware that the Vail Planning and Environmental Commission meets August 2$ to consider an application to re-zone and re-plat lots 15 & 16 in the Bighorn ~d addition in East Vail. These Bats are directly below the watertall on Lupine Drive. As you know, the waterfall is one of the more scenic attract'sons in the Vail Valley, visual from I-70, Bighorn Road and Lupine Drive. Hundreds of people every year stop on Lupine Drive to photo the falls or climb to its base. Lot 18 is currently zoned open space 1 agricultural, and the applicants proposal is to change the classification and re-plat the two lots to allow the construction of four housing units, which would effectively black the view of the falls. In addition, the area is classified by the Town as being within a high hazard zone for rack falls, snow slides, and mudslides. Any construction to mitigate these hazards would almost cerkainly affect the adjacent property owners. Also, drainage from the falls creates a wetlands issue on the two lots. In view of the Town's commitment to open space, there would seem to be no valid reason to change the zoning of lot 18 to allow construction of housing units. I urge you to became involved in this issue so that a decision is made that is in the best interest of the Town of Vail and its visitors, Signed, Neil Muncaster ~~~Q ~~~ ~ 1 ~~~~ August 14, 200f} plane Golden Planning and Environmental Commission Municipal Bldg. 75 S. Frontage Road Vail, Ca 81657 Dear Ms Golden: You are probably aware that the Vail Planning and Environmental Commission meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the Bighorn 2d addition in East Vail. These lots are directly below the waterfall on Lupine Drive. As you know: the waterfall is one of the more scenic attractions in the Vail Valley, visual from I-70, Bighorn Road. and Lupine Drive. hundreds of people every year stop on Lupine Drive to photo the falls or climb to its base. r -1 U Lot 16 is currently zoned open space 1 agricultural, and the applicants proposal is to change the classification and re-plat the two lots to allow the construction of four housing units, which would effectively block the view of the falls. In addition, the area is classified by the Town as being within a high hazard zone for rack falls, snow slides, and mudslides. Any construction to mitigate these hazards would almost certainly affect the ad}scent property owners- Also, drainage from the falls creates a wetlands issue on the two lots. In view of the Town's commitment to open space, there would seem to be na valid reason to change the zoning of lot 16 to allow construction of housing units. I urge you to become involved in this issue sa that a decision is made that is in the best interest of the Town of Vail and its visitors. Signed, C~.~ '~~ Neil Muncaster • RECD A~1G 2 ~ 2000 Planning and Environmental Commission August 21, 200(3 Town of Vail Dear Commissioners Aasland, Doyon„ Scholfield, Golden, Cahill, Bernhardt and Weber: 1Ne abject to the rezoning of Lot 16 and the Subdivision of Lot 15. We are adjacent property owners. We ask you to deny the applications in front of you on the 28~' of August. A vote yes is a desecration of open space in Vail George Bother's semantics on Open Space are null and void. Open Space is open space regardless of who awns it. please consider: ~.} This was downzoned more that twenty years ago at the request of the current owner, Martha Wilson and the Wilson Family. The taxes paid an Lot 16 are $134/year. The application for the initial downzaning is attached. It states "This is the waterfall area in Bighorn and the Iot is right on the slide area". Hopefully this is not a case of tax fraud, but then what is it? 2) Art Mears states in the letter attached dated 9/6/79 that "building be avoided on Lots 15 and 16." The Wiisons' and Mears negotiated the downzoning 25 years ago and now are asking for upzoning? Has the hazard changed? Or the money? And can you make a decision on only one paid consultant? 3} According to the Vail Open I<ands Plan Lot 16 is the "highest priority" for preservation. George Ruttier entered negotiations with the Wilsons and made an offer. We request disclosure on the offer and the terms involved in Bother's current negotiations. We belierve that the Town of Vail has an abligatian to fulfill the prarisions of the Qpen Lands Rlan. 4) According to Town of Vail Hazard Regulations any development must prove without a doubt that there is "not (an) increase in the hazard to other properties and structures„ before a subdivision is approved. We have not been satisfied that there is any work done concerning the safety of our property and family. 5} This is a severe geological hazard and geographically sensitive area with avalanche danger, rock slides, debris, wetlands protected by the Clean Water Act of 1972. The Town Hazard regulations require that there is "dear and canvinciing evidence" that the property should not be considered geographically sensitive. Since only the developer has provided data, by the same engineer with a different story every twenty years we do not consider it accurate nor obviously objective, and do not think a legal interpretation would be that the geologic report is in any way Rclear and convincing evidence". 6) We spent hundreds of thousands of dollars upgrading our home and views per town hazard reports and are shocked that the reports could be changed on the whim of Community Development. Page Two August zl, z000 Dulude/Sim Comment As you review these applications please also consider: (a} Requesting a bond as specified in 1z-z1-i~ "Requirement of Bond" for $50,000 to "ensure that the reports and requirements are completed and compiled." (b} Requesting disclosure on "intent" from the Town of Vail Community Development, the developer, Jay Tschirner, the Owner, the Wilson Family Trust, and the Broker, Jo Ellen Nash.. Thank you for your consideration and please vote no on the applications noted above. Sincerely. Claudia Dulude & Dalton Sim ~ 3916 Lupine Dr., Vail, CO PS: Please note as we file this letter on 8/25/00 at noon that we have not been notified as to the recommendation of Community Development and have not been provided time to respond. • ARTHUR i. MEARS, P.E. NATLtRAk, HAZARt35 [{]NSIJLTA~N7 722 East Gothit Avanua C:unnison, CalorQdo 8T23f1 September Mr. Hillis Arvin ?cx ~JC2 Snowmass Resvrt, CD 81~1j Dear ~.z. Akin: r- . ~, 1979 lit your rec~ues'~: Z conducted a v^_~elimi.na.ry field aproraisal of the snow ;,'Jalanche hazard tC7 LOtS l~l~rT^ '~' ~~ h~1~r.'1 ~ll~~'Ji ci rn . fianr,nr,~ AC~d:t~ On, on SepteTber 5, i97`~'• 'T'hese two Iot;, are affected by design-ma.gnituce Y ~.valanches in the '"daterfal~" a_~ru,'~~anche path and are induced. in an ava- lan.che iT~f":.uenee zone by the Torn of Vail. A,, a result oa" my inspection I ofl er the fa1? oNi ng genera].. carn:nents regarding tr•.e 'Pdaterfall aval2n~~se anw the effects of th' s avalanche to i,c is 1 j and 1b. However= these comments shadd be considered tc be tentats~re and possibly su'oject to revision in the ev°nt t:~e,t ~. detailed st>;.cy of the avale.r.c e is conducted. The Waterfal'- Avalanche During very severe and infrec uent candid or.s 1.arGe riry s~ :pia Qva'_anehes will .release f, oT~ lame steep n.reas generally abo ae 10, 2C0 feet eleve.tion in the upper pcrti ons of tre avalanche path, 4.T:d gill. Elva, down the ir,tertr.it- tend stream course th? t produces the wateria~ i . A portion. of i,:~3e avalanol:e ^~e.ss will stop atsove xhe cli#'i' bands n the (crest, cut a portion. wi-1 aisa fall over the cliffs, ent?-a-in air, ar_d rrobably retch Gore Creek. Dearly a? I of Lo'~ 16 a xd the eastexn porti;;n cf Lo ~ 1~ w,:.sI be covered by suer, an avalanche. The result.ng impact pressures, althc~~gh not computed thra~:gh a conszc?eraticn of the avalanche dynamics, would most 1_kely be weal in excess of those for wh~c:~ 'auildir_gs ors usually designed, a,^.d ma;,r place i,ot 1b entire°~y within a "high hazard zone." i~et snow avalanches will also occT:x and wll at'fect Lot lb, but because of their lesser vdocities ca.n he rieflected to tre west to~affect the wes~er`~ par :ion o. Lc'. 1~. '_"~;us ?razor avalanches wi,l.'.. procab~.y affect all of Lot 16 and most of Lct 1~. Recam~Tendatians I co~ieur with the Vail avalanche zoning map and recommend that buildi*>,g be tra .. tr}eydedotn wou3:.lbe~a io. ~ Lnaµ~1o iz is Possible that some portion. of ._ c_assif- e as moo.erat d' ,e "~ ; _ ' e hazard, " thus aiJ.cw~-n~sAec~al_ es~gned buildln~,~„ the bcT:ndaries of the ~r,~de~^ - ~~~rd_ zor.Q cannot be c~eter:nined without a de tailed study of the avalanche tcpo~.rapt~~y and dynamics. We appreciate the fact t}Sat you h~.ve con4i.dcrcd potentia], avalanche hazard i-T your assessment of thws p~`operty a.*~d hope t.o have the chance tc work s~i th you in the future. Sincerely, I`~ '~d _ ~ Y l!f cc: .im robin Arthur ~i. Mears, ~. Avalanche C>ynvmics. DeEsnso. Zoning ~! RAoUnPain Tarrant AnnlYs~s ~ SSope 5tobiiity laf'i°: I ~1~. f l r'1! 1 li' Vfali I kld[:! L.UJJiII i I(liJl71_ zl:>#. I'1=IZ;11'I ' ~ ~j ,rte _ _ ~ - f n ,/~ ~/l //fir.-~ _ ~ ? ~l ~: Cr_ Inc __ rV•,,~~~~ p,ar r.•s,.5 Ur aG {7r~ hF~t,.~ _ 'Ins ~ri..i ~ f~':unfii I'.i. ' 'r ~' ~' '' 1 ;i it : r' a 7 .-; ^- f• ~ !- . a: I ? ~ ~, (: i T •J I'. {~.~T +'~n~f1Q ~I'~~ir~B r•''Jm,~~ rtr1~~%fid~r _~ _ { ~ ~ I~ i n c' si a ~° i- ti R i i {; ,., r; „ i ~ ti r: ,. I lit, _ u r , . ~ t t ~ I I e: a•! ~ ~ .._.,..._ -.- ---.. r r-..~ iI'~4 -.. i.'ai~'1 ', vf~~_~I ~^, ~r.^.'i~-~ Lam'. ~ ~_--P ~" _~~r~5''r`~17 ~1. #,/r'~j' C!~crs 5;;c-e .-•ur^^.~_ c,r,j ./n''~ ,,/~t t:,%= ~"' ir.;:ri,..-'.-----~~_~__~ ---- •." ` f - _ _- °~f rte//,"' `' _ L-e.ft,/r ~~ ~/~ ~'s~ m ~ti__.. ~- - F ,~ ,sue, ~~ :i C? (1.'. e' *. *' T.:r 'ti l _ r:: ~, I ri rU.~:, I I~ fi i °. ~ : .. ... _~~~~~~ if I7w~.~L ~.~ ~~~~ ~~ '--°....__.--J~. ~'-~~ ,~ ;~ ,,,r ~ I •I` vl~,rr ' _-- - _ _ _-__-- ----°--- -- - - _ ~ - - -- --~ -~y-aa. ~ n: - -----. . _ rn __ . ~ 5~~ r ~-~- _CJL.[~__ G1,..c~C?-am~,~ ~~n r<1L..t1~Y1.C~L_. (}}~vt. ___ F--.O'~i ._.__._~ ~- ~ -- ~ f-y~ ''~ -- ~- _ _. ___ ~~ ~ C~ ~. C.l/31_ ~t~7 GP.~YL..L~x_~---_~CjZ _ ---- ~ [~tl''Y+-~,t- ~ __.___~ .~.-_ .-. -.__.. -__._._ .. ... - -.._. P /h l] • ~___~ V - --- -- ---_ ..._. _ . '~'L¢~,~cn ~__ Wit?-t-'~-=C~_ cy' ~. _.______.- !/G4,,~~___. ~~?'tit.2A' . __!!!c-P~- CL-[~_ ~ yG-tic.-/L ° s~~~y ~~` - / ~ / /,~ ~ ~.__/ .~_ T ~ ~1 ~ 1 an n 1 ra . ~ a !Y1 n A .~ R ~ ._ ~n .-Y .~..~ i .a e n ; ~Aij~ _ ~ ~ .Yl l~ _ • August 24, 2D04 Planning and Environmental Commission Town of Vail 75 South Frontage Load Vail, Colorado $1657 Dear Members of the Commission, Mrs. Stevenson and I are homeowners residing at 3987B Lupine Dr. for the last nine years. We have been advised by public notice of the application to rezone and subdivide Lots 15 and 16 located at 3886/3896 Lupine Dr. We want fio urge you to reject this application. This property is in a high hazard zone far rock falls, snow slides and mud slides. In addition, it is our understanding that part of this property falls within the red zone and other parts in the blue zone. It is not apparent to us that even with mitigation that such large units could be built without effecting us and other property owners. We also believe that there could be a wetlands issue resulting from drainage from the falls. We would also appeal to the commission on the broader issue of maintaining your commitment to open space. This area is one of the most scenic visual sites within Vail and is enjoyed by many hundreds of residents and visitors for photography and hikes to the base of the falls. Allowing a rezoning and reconfiguration to build two monstrous primaryfsecondary structures blocking this pristine view seems unnecessary and not in the spirit of supporting an open space obligation. • This position is supported by many other Vail residents who may not have written to you on this matter. We are convinced that this request is not in the best interests of the TOV or its residents and once again request the application. being denied. Sincerely, Mark Stevenson Maureen Stevenson Cc: George Ruther • GEQLOGiCAL HAZARDS ANa tUiAPPti~!~ ANALI(StS V1/A T ERFALL AVALANICHE PATi~t & L~3TS 't 5 & 'i fi VAtL, C~LGRAa{~ PreParec! Far Nir. Jay Tschirner Ftrs~ Land t]eveiQpmertt Prepared By Ar#hur #. Mears, P.E., inc. Gunnason, Colorado May, 200Q • ART~ILJh I. MEARS, P.E., IBC. Natural hazards Consultants 555 bounty Road l6 Csonnison, Colorado 81234 Tel/Fax: 97D-b4I 3236 artme;usC rmii.COm ~~~ ~~, 2000 Mr. Jay Tschirner Resort radio. Jnc_ First Land Devel©pment P.C~. Box 2083 Edwards, CU 81 B32 ~E: Avalanche and gealogica€ 4;azards analysis, Lofis ~5 & 'f c3, Brghc~rn ±a~division 2~'¢ Fi€ing deer 1111r. Tschirner: firs you revues#ed, 1 have cempleted asite-specific analysis at srtaw-evalar~c;~e, debris flow, and rac`, all hazards affewting the above-reT'erenced lets in Veil. r,l;hough geolagical ha-yards eia exist and are fairly extQnsive on t4~ese lots: certain limited areas can be built upon with mi#igatian, consistent with the Town ct veil hazard Ordinance. Tease contact me if you have any questions. jii lw~rely, °~ ~ v r .4'rt€1~.7r 1. Mears, t~.E. Avelanche-contra! engineer ~:~cl d?ass Wa.stirzg • Avc~lartches +!lval~lrtcfze Control ~n~ilteerirrg 1 OBJECTIVES AND L1MMlTATIONS As discussed with Mr. Jay Tschirner, this geological hazards study has the following objectives: a. identification, quantification and mapping of snow avalanche extent and hazard; b. Identification, quantifcatic~n and mapping of de~r'rs flow extent and hazard; c, Identification, quantification and mapping of rockfall extent and hazard. This report also has the following limitations, which must be understood by dll those rekying on the results and recommendations: a. Substantial aitera;tion to the forest cover through forest fire, forest disease ar landslides, for example), could lead to more frequent a°~d larger avalanches and debris flows: and b. Mitigation and specification of loading criteria depends on site-specific design and is beyond the scope of this study. ~ TERRAIN As shown on Figure 'I , the Waterfall avalanche and debris-flow path e;,-tends from approximately 1 Ct,4t70 feet elevation down nearly to Gore Creek at an elevation of ~.38D feet. rIGUP,~ 1. Waterfall snow-avalanche and debris-flow oath in r=ast ~"ail. Avalanches begin in the open unforested area between 10,20 and ~C,40~° feat elevation. debris flows star` in cents! channel. 5oth avalanches and flows ca, crass Lupine ~rve and reach nearly to Gore Creek during exceptional conditions. ~--~"_ ~ erf It avaaanche runou~ zone ~hcwanc~ e Suggested buildirt~ a c raphrc mad of the 1Nat nt~riheast and ' -~ ~, Top 9 the prive near the e red and blue avalancue-hazard zon ~ e - st above pup ris flow events will reach to ! -~ >f th ~n~s) are shown as circles I n,9inor and rare de reach to tie Gnd of th 1 `ast earners of the prcpe~Y~ ttonal oondltionsT ----~ _------° Rockfalls during °~c~'p --_~....~----".v e give. _„~ ~ nw~e red z~ _-- :~. tin ' _.r . -.. ~~,. r~'~. `. 1~ 5~ h ~~ 14 ~ ~1~ ~, ~ 1 +. \ i, a `~ ~, \\ r. ~ Z "`~..l ,\ ti5 , + ` \~,~'`~ a \ \~, .sir jf „~ ~1~ ~ •~~t .. ~. `~ \y ~` ti `.~ y" ~,, ~ \ ~ ti \ ` \ \ 'may \',i"~ ~, ~ i ~ ~' .. 4 1 ~ Y ~ ~~~ \ ~~~~:~~ ~i ~ Q - ~ ~~ ~~\~v,~~~' ~ ~~` ~ ,,v, `` ~~' 1 ~~ t~ ''K,,r ~ r :A ~ 'ti \ tt ;r ~~ y ^ ~ ~* ~ ~ E ice-' ~ r{ ,.i+~ wY'~'.n ~ ~ r S ` 5~Y1 ~~1 1~ ~.co M ~lWi}k ~"t: _ ant .1 ~'~'~`~~ ~ ~~~ ~~ { 4~ , ~~ l -s . -~~ "~;_ ~\~ '`. -'~, ~~ The largest and potentially most destructive avalanches begin in an unforested; triangular area within the lodgepole-pine forest on a steep, northeast-facing slope between 10.200 and 10,400 feet elevation. Debris flows can start within the deep, encised central channel between 9000-10,000 feet elevation. During extreme conditions expected an average of once in 100 years'; either snow avalanches or debris flows will reach the steep alluvial fan, cross Lupine Drive; and stop near Gore Creek. Because these large and unusual events must be considered in land-use planning and engineering within the Town of Vail, they are described in Sections 4 and 5 of this report. 3 PREVfQIJS WQRK Several reports have addressed the avalanche, debris-flow and rockfall hazards in the Waterfall path. The runout zone on the alluvial fan where private property is located) was designated an "avalanche influence zone" in 1975 mapping for the Town of Vail. The influence-zone designation indicates further quantification of avalanche hazard would be dependent upon future detailed study, In 1984, as part of a municipality-wide study commissioned by the Town of Vail, the entire alluvial fan was mapped as a "high-severity" hazard rockfall area and as a debris- flow area. Additionally, the Lot 1 ~ and 16 areas were described qualitatively in letters written by myself to Mr. Hillis Akins in 1979 and Mr. C. Stanley Wilson in 1988. These letters indicated that snow-avalanche hazard exists but has not been quantified to determine mitigation design criteria. The 1988 letter also indicated that rare debris flows may occur on Lots 14-15 but that rockfall is probably not a signifcant hazard. This conclusion is contrary to the Town of Vail rockfall study referred to in the subsequent paragraph but is consistent with this report. 4 SNOW AVALANCi-lES 4.'l Design-magnitude avalanches and Vail hazard regulations Design-magnitude avalanches are; as defined in the current X1998) hazard regulations, subdivided into "rod" and "blue" zonss as follows: a. reed done -Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of 590 pounds per square foot on a flat surTace normal to the flow and/or a return interval of less than twenty five X25) Years. This is an order-af-magnitude estimate q~ the true return period of the design avalanche which may lie between 30 and 3{~0 years. A 100-year return.period event has an annual probability of 11100 = (}.01 = 1 °/o. The avalanche annual probability does not change from one year to the ne~ct. b_ Blue.Zone - An area impacted by a snow (avalanche} producing a total static and dynamic pressure of less than six hundred (fiQQ) pounds per square foot andfar a return interval in excess of twenty five (2~} years. The ordinance restricts development in avalanche zones as follows: a. Red Zone -- No structure shall be built in any red avalanche zone; and b. Blue Zone -Structures may be built in blue avalanche zones provided that proper mitigating measures have been taken. An objective of this study is therefore to define, according to the best available current methodology, the limits of the avalanche red and blue zones so that buildable areas can be identified. 4.2 Avalanche characteristics and hazard zones Snow avalanches have been quantifed by utilizing a two-step procedure as follows: a_ The stepping position of major avalanches here was determined by comparison with known runaut distances of other major avalanches in Colorado. These events occur when the entire unfarested area above 10,2Q0 feet releases as a dry snow slab. Stopping position was further determined by comparison with similar events in the Vail area and by personal experience. Avalanches of major (design-magnitude or 10D- year return period) proportions can stag just above Gore Greek, impacting existing buildings an the north side of Lupine give. b. Avalanche velocity and impact-pressure potential was computed by applying amulti-component stochastic avalanche-dynamics model and forcing this made! to stop just above Gore Creek, the stopping position determined in step "a " The analysis indicates that major avalanches will reacl-~ a velocity of roughly 30 mfs (65 mph} on the steep upper slopes, but will decelerate to approximately 10- S mfs (2Q to 30 mph} on the alluvial fan where lots 15 and 16 are located. The details of the computer output are provided in Appendix A; the avalanche map (1= figure 2} subdivides the runout zone into rod and blue zones and indicates approximate lot lines. This is the best and most detailed topographic reap available in t1Ze Town. rJetailed topography is not available above 8,44 feet in the vicinity of Lots 15 and 1 ~. Impact-pressure potentia4 was determined by vomputing the pressure, P; o:~ a large, fEat surface normal to the flow (as required by Vail ordinance} by the relationship P=pV~, Where p is flaw densi#y (175 kglm~} and V is computed velocity. Figure 2 also indicates the boundary between the red and blue zones. Ali construction must take place below the red zone, a band approximately 1 Qa-150 feet wide an Lot 16 and up to 20~I feet wide an ! of 15. 5 DEBRlS FLQWS as noted in Section 2: debris flows were mapped far the Town of Vail in '1984. This mapping indicates that Lots 15 and 16 are debris-flow areas, The entire alluvial fan, which extends all the way to Gare Creek, was formed by pre-historic flows. The alluvial fan surface provides clear evidence;. in the farm of an undulating topography and boulders on the surface, that debris flows have occurred. However they probably have not fallen over the waterfall during the past 100 years, possibly not for several centuries. Inspection of J.S. Forest Szrvice aerial photos dating back to 1939 da not indicate recent debris--flt~w activity at this location. The historical, photographic, and geomorphic evidence indicate that deb~.s flaws are rare events; probably with return periods in excess of 100 years. However, since they are passible they should be considered in design of buildings (Section 7). 6 1RQCKFALL Rockfall is a serious geological hazard at many locations within i~'ail. However the alluvial fan upon which Lots 15 and 10 are located does not appear to be within a signifiicant roclfall hazard area. The boulders on the fan surtace result, instead from pre-historic avalanches or debris flows; not from rockfalL F~ackfall would be an insigni7rcant problem on the lower alluvial fan. The extent of rackfall mapped in `1984 indicates the hazard extends across Lupine Drive and ail the way to amore Creek. l believe this mapping is unrealistically conservative and not based en field evident: in thz source ar deposition areas. 7 RECQMM~NDA ; i{~NS The following recommendations are based an the field observations and analysis reported in this study: a. 1f develapmAnt of par~.s of Lots 15 and 10 is to take place it should be as close to Lupine Drive as passible and near the north andlor south corners of the properies (see Figure 2). b. Buildings should be designed with a "ramp raofl' back exposure (Figure 3) to minimize avalanche loads and eliminate deflection of snow • toward other properties (consistent with the Vail Hazard C)rdinanceJ; and c. Buildings should be specially designed to resist the avalanche loads. If steps "a" through "c" are taken, ar7y buildings can be safely designed to resist avalanche forces and the minor farces resulting from the versa rare debris flaws and ; acfCfall events. • F1GUR~ 3. The °`ramp-roof" design recamme,~rdad far building on +~©ts 15 and 1 ~. i he back roof wfN intersect the ground surface at a sma!! angle, thereby reducing impact load magnitudes 1 his type of c}esign wi11 reef deffecf snov~• toward other praperty- Fepar"t prepared by, I^, • ' Arthur I. Mears, P. f=. ?valanche--contra! engineer • APP~NdIaC A. Graph sh~awing the avalanche speeds, stopping position of debris and debris distribution in the runout zone. Subsequent six pages ®f printout are the avalanche-dynamics output which was used to determine the red zonelblue zone hazard delineation. • 502 particles s~ar~ i`rom tcp s2~ment. ?9~Q particles deposited, F 1~ F v .~ l • r 1 r i . r 1 1~:~watYx.~a11 1 . txt drops; n16 m ti a31 m~: - Q.25 M,/D = 2.50 C' Ri ?? = G . ? ~ 0 a = 23.E de~reLs ~ ~'~~~~ stops at x w 1~~c ~~ -..._...._ ~'zont seed rnax = 23 . 5 ~~/s } ----____~ea n. speed (maw = ? 9 . '? r~i u L~epasiti on (not to scQ." e} ~:xi t and view distr i uticns in yc~~r ~ile ^:~plk\results.txt r~ G~^ou.*:d slope p~~~--e, seed g~apl~s, a.rd s~COppir_~ ppsi ~aons r°SL:~vS Av~,l~.rlche-d~~*la.~nics cc,ri~uier Quzput. • ~~ ?lease note all v-uariafales are in meters/second. Please note= all t-variables are in secands~ Please notes NP is number of particles zn pactcet• AVALANCHE ENTERING SEGMENT c NUMBER OF PARTICLES MOVING 642 NUMBER OF PARTICLES STOPPED 4 METERS TRAVELLED FR OM START 121 vHIGN 14.48 PACKET LMIN tMAX uMEAN NP vLO~! 3-44 1 4-57 i~•4Q 3.0^ 12 vRANGE ],1.48 2 2.40 3.43 3-49 24 vMEAN 17I.4^ 3 3.43 4.8'6 S•48 35 vSTDEV 3~2C1 4 4.86 6.29 6.68 48 S 6.29 7.72 8.24 58 tHrGH 14.87 6 7.72 9.15 9.60 68 tLOW 4.57 7 4-1.$ 16.58 1CI~89 77 tRANGE 14.31 8 10.58 12.41 1c'•d6 86 tf1EAN 9.69 9 12.01 13.44 13.12 93 tSTDEV 3.54 1^ 13.44 14.87 14.06 101 AVALANCHE ENTERING SEGMENT 3 NUMBER QF PARTICLES MOVrNG 741.8 NUMBER OF PARTICLES STOPPERS 4 METERS TRAVELLED FR OM START 337 vHIGH 3454 PACKET tMIN tMAX VMEAN NP vLOW 213 1 14.38 15.63 18.6 5 vRANGE C75.46 2 15.61 16-84 19.25 34 vMEAN 22.05 3 16.84 E8.47 20.72 84 vSTDEV 4.21 4 18.47 19.34 20.28 123 5 19.3^ 2Q S3 24.92 165 tHIGH 26.69 6 201.53 21.76 22.88 105 tLOW 14.38 7 21.76 22-99 23.78 98 tRANGE 12.32 8 22.99 24.23 24.12 97 tMEAN 24-86 9 2423 25.46 23.49 B1 tSTDEV ?•53 1D 25.46 26.69 22.59 26 AVALANCHE ENTEPING SEG"lENT 4 NUMBER Of PARTICLES MOVING 14[15 NUI18ER OF PARTICLES STOPPED MET€RS ?RAVELLED FR OM START S24 VHIGH 32-3k7 PACKET tMIN LMAX vMEAN NP vLOW 2.12 1 c~1.87 '_3-17 21.4E 8 vRANGE 34.22 2 23.17 24.47 22.26 41 vMEAN 23.81 3 24.47 25.77 22.7^ 43 vSTDEV 4.52 4 25.77 27•Q8 2~C•48 1,33 5 27.48 28.38 23.32 225 tHIG}f 34-88 c8.38 29.68 23.40 221 tLOW 21.74? 7 29-68 34.98 25.62 113 tRANGE 13.41 8 3U-98 32.28 25.77 1013 tMEAN 28.46 9 32 28 33.58 24.5 54 tSTDEV 2.38 1a '33.58 34.88 24.2G 14 AVALANCHE ENTERING SEGMENT 5 NUMBER OF PARTICLES MOVING 1147 NUMBER OF PARTICLES STOPPED f7 METERS TRAVELLED FR OM START 666 vHIGH 32•?IS °ACKET LMIN tMAX vMEAN NP vLOW 2.4^ 3 27•SS 28.43 c3.51 14 vRANGc 34.05 '_ 28.93 34.3D 26.45 55 vMEAN 23•'x7 3 3I1.3D 31-67 2255 77 vSTDEV 4-56 4 31.67 33.04 23 13 14'3 S 33•(74 34.42 22.72 308 ?~g~ 1 i'~~.SLi~ t5 tHIGH 41.28 6 34-y2 35.79 23.34 240 tLOW 27•SS 7 35.79 37.16 24 32 131 tRANGE 13.72 $ 37.16 38.53 24.84 32 tMEAN 34.29 9 38.53 39-91 24.74 4^ tSTDEV 2.30 1^ 39.91 47.•25 23.98 7 AVALANCHE ENTERING SEGMENT b NUMBER OF PARTICLES MOVING 1,312 NWMBER OF PARTICLES STOPPED G METERS TRAVELLED FRbM START 831 vHTGH 30.53 PACKET tMIN tMA% vMEAN NP vLOW 1.64 1 34.301 35.92 22.08 19 vRANGE 29.84 2 35.92 37.53 2f1.94 62 vtfEAN 2^-51 3 37.53 39.14 20.38 105 uSTDEV 4.19 4 39-14 40.76 21-C6 198 5 y0. 76 42.37 21•G2 309 tHIGH Si}•44 6 42.3? 43.99 20.15 371 tLOW 34.30 7 43.99 y5.60 59.38 184 tRANGE 16.14 8 45.60 47 21 20.98 5b tMEAN 41.9^ 9 47•c1 48.83 21.47. 7 tSTD~V 0.46 10 48.83 SC•44 2C•4^ 1 AVALANCHE ENTERING SEGMEidT 7 NUMBER OP PARTICLES MOVING 1519 NWMBER OF PARTICLES STOPPED G METERS TRAVELLED FROM STA1?T 1035 vHIGH 31.70 PACKET LMIN tMAX vI7EAN NP vLOW 1.89 1 42.40 44.18 19.66 14 vRANGE 2!•82 2 44.18 4S•96 2G•41 59 vMEAN 2b•8? 3 45.96 47.74 20.72 11]4 vSTDEV 3.87 4 47.'74 49.52 21.29 244 5 49.52 51.29 22-D6 333 tHIGH 60.19 6 51.29 53.07 22-45 369 tLOW 42.40 ? 53.07 54.85 22.25 2S8 tRANGE 17.78 8 54-SS 5h•63 23,•?7 k;:S tME"AN 51-18 9 56.63 58.41 21•G3 21 tSTDEV 2.83 ].G S6. 4k 60. 3.9 22.05 AVALANCHE ENTERING SEGMENT $ NliMBER 4F PARTICLES MOVI{VG 163 i NWMBER OF PARTICLES STOPPED C METERS TRAVELLED FROM START 1k36 vHIGH 33.67 PACKET tMIN tMAX vMEAN NP vLOW 2-35 1 46.05 47-63 3,8.51 1. vRANGE 31.32 2 4?.83 49.61 20.33 64 uMEAN 25.09 3 49-61 51.39 21.96 137 vSTDEV 3.76 4 51.39 53.17 25.63 201 53.17 54.9 25.49 331 tHIGH 63.85 54.95 56-73 25.73 397 tLOW 46.05 7 Sb•73 58 51 25.81 28? tRANGE 17.8^ 8 58-51 6[1.24 25.71 147 tMEAN 55.02 9 60.29 62.0'' 04.73 41 tSTDEV 2.95 i0 62.07 63-85 26•?2 4 AVALANCHE ENTERING SEGMENT 5 NLf1'IBER OF PARTICLES MOVING 169$ Nl1MBER OF PARTICLES STOPPED G METERS TRAVELLED FROM START 1217 vHiGH 3n•26 PACKET tMTN tMA% vMEAN NP vLOW 2.83 1 48.72 SC•50 18~2^ 16 vRANGe~ 33-43 2 5G•5C 52.29 22.15 7, vMEAN 29.17 3 52.29 .14.07 26.78 ISG vSTDEV 3.92 4 54•R7 X5.85 29•L0 ce6 ~a~e 2 Aesu=~s 5 55.85 57.63 29.99 311 tHIGN 66.54 6 57-63 59-41 30•d8 4p3 tLOW 48.72 7 59-4Z 6i•2^ 3d•19 304 tRANGE 17.82 8 61.2^ 62.98 29.78 164 tMEAN 57.7Q 9 6'c-98 64-76 24.24 48 tSTDEV 3.11 1~1 64.76 66-54 30.28 5 AVALANCHE ENTERING SEGMENT 10 NUMBER OF PARTTCLES MOVINw' 1682 NUMBER OF PARTICLES STOPPEb 81 METERS TRAVELLER FROM START 1282 vHIGH 29.17 PACKET tMSN tf1AX VMEAN NP VLOW 1.86 1 51.28 53.05 22 37 6 vRANGE 27.37 2 53.05 54.83 21.01 31 vMEAN 19-64 3 54.83. 56.60 2p•51 81 uSTDEV 3.37 4 56.60 58.37 18.06 263 5 58-37 6Q•15 14•$2 315 tHIGH 69~g1 6 6~7•"~5 61.92 20-11 373 tLOW 51.28 7 61.92 63.69 19~$p 359 tRANGE ?,7.73 $ 63.69 65.47 19.99 174 tT1EAN 6x•73 9 65.47 67.24 1Q•89 63 tSTDEV 2.89 1a 67.24 69.01 18.78 17 AVALANCHE ENTERING SEGMENT 11 NUTIBER OF PARTICLES MOVING 2654 NUMBER 4F PARTTCLES STOPPED 171 METERS TRAVELLED FI: OM START 1344 vHIGH 23.47 PACKET tMIN tS1AX vMEAN NP vLbW G~82 1 54.29 56.27 18•p1 6 vRANGE 23.15 2 56.27 58.24 17.15 36 vMEAN 14-43 3 58-,4 6p-21 15.54 71 uSTDEV 3.37 4 6d-21 62.18 1S•57 222 5 02 18 64.16 14.40 374 tW.IGH 74.0' 6 64.16 66.13 14.38 451 tLDW 54.29 7 66.13 68.10 13.95 310 tRANGE 19.73 8 b8.1d 70•d7 13.4p 124 tMEAN 64.57 9 7d•O7 72•Lt5 12-d5 47 t5TDEV 2-9fl Z,O 7c•O5 74•d2 9•s~8 $ AVALANCHE ENTERING SEGMENT 12 NlSMeER OF PAR7_'CLES MOVING 1749 NUt18ER flF PARTICLES STOPPED 171 McTEP,S TRAVELLED FR OM START 1439 uHIGH 2'e•26 PACKET tMIN tf1AX uMEAN NP VLOW 064 1 cd•18 64.95 14.42 5^ vRANGE 21-6'~ 2 04.95 69-71 13.45 377 vMEAN 21.44 3 69.71 74.48 1Z-93 815 uSTDEV 3.47 ~: 74.4$ 79.25 9.89 364 5 79.25 84,p2 6.96 93 tHIGH 107.86 6 84•d2 88.79 5.19 29 tiOW 6p-18 7 88.79 93.56 4.29 14 tRANGE 47-68 $ 93.56 98.32 4-d8 3 tMEAN 72.84 9 98.32 103.09 3.97 2 tSTDEV 4.90 1^ 103.09 1~i7.86 3-98 c AVALANCHE ENTERING SEGMENT i3 NUMBER flF PARTICLES MOVING 1607 NUMBER OF PARTZ;,LES STOFTP£D 32 METERS TRAVELLED FROM START 1449 vN.IGH c2-25 PACKET tMIN uLOIJ ^•27 1 60.7$ vP.ANGE ?Z•97 2 b3.87 uMEAN 11-91 3 b6.96 • Be~irlnir~Q ~r '':~e~," zone tMAX vMEAN NP 63.47 15.61 17 66.96 14-?9 76 7d-d5 1a-81 2$$ .~~CjE .~ r~s~~~s _ . vr7DEV 306 4 7Q•05 73.14 12.64 493 5 73.14 76.23 11.30 457 tHIGH 91.6& 6 76.23 79.32 9-76 21S tLOW 60.78 7 79.32 82.41 $-50 69 tRANGE 30.90 8 82.41 85.50 6.75 13 tMEAN r3-Q3 9 85.5^ 88.59 6•Q1 6 tSTDEV 3.96 10 88.59 91.6B 3-17 3 AVALANCHE ENTERING SEGMENT 14 NUMBER DF PARTICLES MOVING 1345 N0M6ER 4F PARTICLES STOPPE- 561 METERS TRAVELLED FROM START 1465 vH~GH 21.00 PACKET tMIN tMA% vMEAN NP vLDW 1-36 1 61.fl1 64.55 13-45 14 vRANGE 1969 2 64.55 67.29 13.59 41 vMEAN 10.93 3 67.29 7Q.Q3 12-99 140 vSTDEV y•97 4 7Q•03 72.77 11.86 339 5 72.77 ?5.52 1Q~98 411 tHIGH 89.23 6 75.52 78.26 9.77 273 tLDW 61.83 7 78-26 81.0^ 8.51 131 tRANGE 27-42 8 81.0^ 83.74 7.52 26 tMEAN 73.84 9 $3.74 86.48 6.51 9 tSTDEV 3-75 10 86.48 89.23 4.52 1 AVALANCHE ENTERING SEGMENT 15 NUMBER DF PARTICLES MOVING 11Q9 NUMBER DF PARTICLES STOPPED 853 MITERS TRAVEL~E- FROM START 1481 vHIGH 20.02 PACKET tMIN tMAX vMEAN NP vLOW 0.77 1 63.06 65.47 13.61 7 vRANGE 19.26 2 65.47 67.88 12.30 33 vMEAtJ 10.17 3 67.88 7Q.29 1d•17 89 vSTDEV 2.89 4 7Q•29 72.7 I3•c2 181 5 72,71 75.12 b0.59 297 tHIGH 87.19 6 75.12 77.53 9.6Q 271 tLOW 63•Q6 7 `r7-53 79.95 $•95 146 tRANGE 24-13 8 79.95 82.36 7.8Q 61 tMEAN 74-71 9 82 36 84.77 5.92 c1 tSTDEV 3-69 10 84.77 $7.19 6.90 4 AVALANCHE Eh2TcRNG SEGMENT 16 NUMBER OE °ARTICLES MOVING 994 NUMBER OF RARTICLES STOPPED 976 METERS TRAVELLE- rRDM START 1484 vHT_GH 19.04 PACKET tMIN tMAX vMEAN NP vLDW 1.1Q 1 63.8^ 66.20 12.82 9 vRANGE 17.94 ? 66~2^ 68.61 12•:3 31 vMEAN 1'u-22 3 6$•61 71•Q1 12.06 92 vST-EV 2-'r7 ~{ 71.01 73.42 11.2^ 181 5 73.42 75.82 1Q,50 258 tHIGH $7.85 6 75.82 7$•23 9.67 c37 tLO~i 63.80 7 78-23 80.63 8.70 133 tRANGE 24-05 $ 90.63 &3.Q4 7-82 48 tMEAN 75.19 9 83.04 85.44 7.19 12 *_STDV 354 1Q 85.44 87.85 ..4Q 3 AVALANCHE ENTERING SEGMENT y7 NWMBER OF PARTICLES MOVING Sm3 NUMBER OF PARTICLES STOPPED 1460 MET'cRS TRAVELLE- .FROM START 1502 vNIGH 17-18 PACKET tMIN tMAX vMEAN NR vLOW 0-44 1 65-50 67.46 .•55 7 vRANGE 16.74 2 67 46 69.42 8•N9 20 • gage resin}s vMEAN 7-89 3 69.42 71,39 8.88 48 vSTDEV 2-8^ 4 71-39 73-aS 8.81 69 5 73-35 7S•y1 8•?6 111 tHIGH 85.11 6 ?5.31 77.27 7.75 118 tLOW 65•SQ 7 77,27 79.23 7.14 82 tRANGE 19.6Q 8 79.23 81.19 6.19 48 tMEAN 7S•3l] 9 $1.19 83.15 6.93 15 tSTDEV 3.52 1^ 83.15 85.11 4.68 5 AVALANCHE ENTERING SEc;MENT 18 NUMBER OF PARTICLES MOVING 353 NUMBER OF PARTICLES STOPPED 1641 METERS TRAVELLED FR OM START 1513 vHIGH 17.44 PACKET tMIN tMAX vMEAN NP vLbW t3.69 1 67•Q8 68 9S 10.43 7 vRANGE 16.7s 2 68.95 70.82 7.51 17 vMEAN 8.67 3 70.82 72.69 9.6^ 38 vSTDEV 2.75 4 72,69 74.56 9.15 52 5 74-56 76.43 9-D4 &1 tHIGH 85.78 6 76.43 78-3CP 8.82 74 tLOW 67•Q8 7 78-3^ 801.17 7.94 42 tRANGE 18-7q 8 80.17 82.04 7-1D _8 tMEAN 76•QO 9 82•Q4 83.91 7.72 3^ tSTDEV 344 113 83.91 8S•7b 6.14 4 AVALANCHE ENTERING SEGMENT 19 NUMBER OF PARTICLES MOVING 231 NUMBER OF PARTICLES STOPPED 1772 METERS TRAVELLED FROM START 1522 vHIGH 15.73 PACKET tMIN tMAX vMEAN NP vLOW Q•58 1 67.96 69.68 9.22 i, vRAIVGE 15-16 2 69.68 71. 4D 1©•33 6 vMEAN vSTDEV 7-74 2.84 3 4 71.4^ 73.12 73-12 74,85 8-44 8.3[3 18 3^ 5 '4.85 76.57 8.03 SG tHIGH 85-18 6 76.57 78.29 7.71 SQ FLOW 67.9b 7 78.29 8t]•Q1 6.68 39 tRANGE 17.23 8 8^-Q1 81.74 7.75 19 tMEAN 76-66 9 81-74 83.46 6-46 6 tSTDEV 3.23 1^ 83.46 85.18 5.2.3 7 AVALANC HE ENTERING SEGMENT 23] NUMBER OF PARTICLES MOVING 1Q8 NUMBER OF PARTICLES STOPPED 19Q9 METERS 7RAVL'LLED FROM START 1536 vHIGH 15.73 PACKET tMIN tMAX vMEAN NP vLOW 1.98 1 6948 71.22 9.89 uRANGE 13.75 2 71.c2 72.97 1Q•44 2 vMEAN 8.66 3 72.97 74.71 9.35 12 vSTDEV 2-52 4 74,72 76-46 8.82 19 5 76.46 78.20 8.74 25 tHIGH 86.93 6 78.20 79.95 8.8Q 22 tLOW 69.48 7 79.95 81-69 8•e6 a1 tRANGE 17-45 8 81.69 83.44 6-59 ? tMEAN 77.45 9 83.44 85.18 6.54 3 tSTDEV 3.25 1Q 85.18 86.93 6.97 1 NUMBER OF PARTICLES MOVING 93 NUMBER OF PARTICLES STOPPED 193Q FASTEST PARTICLE SPEED AT FRONT 33.3 m1s FASTEST PARTICLc SPED iANYWHERE) 37.1 m/s ALPHA 23.8 degrees MAX•,DEPOSIT 1541 meters • ~aQGI' [J ~cS~~tS M"sN DEP05IT RkNGE_DEPOSIT 1217 324 meters meters MEAN_DEPOSIT 1468 meters STD_DEV_DEPOSIT 63 meters Packet Max(mJ Min(m) Particles 1 1249 1217 4p 2 1282 1244 41 3 1314 1282 47 4 1347 1314 93 5 1379 1347 1411 1379 p 7 1444 1411 1Q4 8 1476 1444 487 4 1SQ9 1476 835 1a 1541 1sQ9 333 • • ?~~~ 6 ,tale`,4 .,, 4. alvD zlO~a {~R~~Hic ~~~, Lo7r 1 ~ ~ i~O1~, ~. ~ BiGI-TORN SUI3DI~~ISION SF;{1{)NI) AD1~1'I'1ON p=3i.,~~ T 254'7' 'Down of Vail, SCate of Colorada L = 54.05 raHll \' ' ' " 611A'UFY NOTES CB ~ N17 AS Ta w 12' A(;Gf 45 i.ASi AIEfJT f0 6E r'-- CH - 54.44' 7~(0?CATEO fD SHF -- tlh~ 11 /u..+, bel. r,v/ IT, AOIX+~ a Z,} LPCpI~m ¢I r•p 1 l 8~ J p .sl f ~`~~ t `s~ '. . 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' F _ ~ `f - p ~ Cl,OP] a¢.}l. at 71 SrgEEI eJMeE55 1881 R ]891 LPPa~r Mi» Ira pmev.a) 7 ! 1 5 _ 2, vz rR.. ' ~ - len) Red Zw• and B4 I N.-Y+¢Ir peoeq'cM rPewa muPPm4 uW • ! FYm¢rl¢n .ye re E.. a a, Ine eeo-rra ae,e r In,,. 1 Wet• oa1M a r- 2%09ne' e N / + i ~~ ' ~~'' ~ 4.e f p] NeakraP mdy¢b bwv by 4r+.tm. Ema¢.n¢. tl Sfi t I IC A ~ ~ ; - APP!#OAA,44TE; L.li1fH OF ` ~ w Im¢I'pWNa c¢.. 9+ Rsw.as .®e mres.a u pat+a, 1 Iway,r,. w.~..w u¢nla,. aaspa P¢ler9at lae .epP+Ea n w. Pa,_.m•t ¢r.e. y , ' \ f 6LUE AV6LA710HE-}WZAF~ ZOFf +!' '~ Idl ihve rv Pu arm•• p.psr vm eoA r11Y~11 Me aw ¢I rtp¢ai.w*IC ro.e~cpe. !` - ~~ ~ ~ ~y ~ N ~ l~ _ ~ _~~ ~ "_., j ~ y ! ~ ~ ~ ; j f `'_` A U -~. \ Ley ! ! ! I ~ r N ' ~ APPYtJ U.fT6 4F . ' `~ E¢D AY 6E~IdaZalm 20NE', n 1 I r! [''Y - ' LOT I6A I ! I ~ ~~ 52.297 Pgft. IWII ac.PP ~, ~ ! ~ 810HORN 9PpF1Y1512t7 TRACT A - PARK. "'m ~'~ l ~ ~ / I AECQkG MPlT14N r s00'J AGWAACP 711LY z2 109,112 09./t $ 3901 H~ -~ ~ ~~ 1' ~ri : ~o , I I 1ZAD CABS 8, ORAlEP. H3 XZY[, I HLC. Ho In0e ! . o ea tt IU BE y~ \~ ~ nn .~pYr,.m G u V - ' ~ '- ~~' ~ '! GEGiLA1E0 10. ENE 1 MtJ OF A l 1 ~ ~ { ' '.i ~ ~ ~ i ~ • + f 0 v ~ . 6 r f ~, , a .tee . we s•T ~ \ '~ 1n 1 r J. •rw ~. f I yY, _ ', Aln' ~ 1. ~ l f C ~. r~ 1 1 7 ~ I ~~ I . . e ~~ h fi /./ ~' p a9'~9'Oa' E ~ H B9'~B'06' E IYP.aa 'm.as Irxrre4 3EATm a! A12FAICA ~Ht1E BRTR NAYipN•I. lORRAT l ~ -4 \ x .r ,. .. \ aW 3 Fs LUT II. HIGHS R,V 9PRI11vI51PN SP.t'JIiR AIi PITIOk Y NL:COAPEP ILLY 22. 18E5 A]ON SP.t pA4F. Ei0, HRC NC4 B~~li9 ___ 8fv5Ef'r-ir_10:.a. '~• Gei SIT'F. PLi4N AHG TOPOGRAPHlF NAT'. IA' ... - _. _ _ _ _.. ... __. ._._. 41^H4RN SUBPIt'Itila N 3F.Ci .. a..ma wss ~r mm I ,. ..n.. ,o. .,i. a e.l n w P ... ,,..o L'"' ~.Li71 f3 ~a¢fr ~, FRDI*1 Garyfl~inda McD~niel PH[JIJE N0. 97® 476 7f7~ Aug. 26 200 1~1;4fA~'f Pl ~. `~ u August 19, 20{!0 G~ut~t A. 1~ Lrr+~ R. ~cDaa~l~, 4U57 L1JYINE OF{IVfi Vnr~., Cof.csFtgUO ~ 1.6 57-4$1 ~ {~)7C1) X176-717Q T(7V Planning ~ ~nv3ronmental Camrnission Re. Lats 15 ~ 96 bighorn Tt is my understanding that a rezoning and develaprnent request has been submitted and a hearing to consider same is scheduled far ~;00 p,m. an August 2S, Z000. Although I am not in close proximity to the lots in c~uestian, I am opposed to the rezc,ning. These l.ats sit an an alluvial fan below a limestone outcrop aver which flow water in the sprfng and accumulates ice in the winter. This type of process makes the area hazardous as to rack fall and f'].oodingJmud slide din the event of heavy precipitation andJor rapid snow thawl. Perrnttxng structures in this hazardous environment makes the 'I'CV ] fable in the event of a disastr~r. 7[t can happen and has; consider the t~ud'slide on. Ba1.d Mountain, mud slide at the Vail rtacquet Club and the falling rock problem north of I-T0. These incidents cost the TOV (read that the tascpc~yerg) . Z urauld urge you to dehy'the apglicaltian. These lots have been classified as nan..bu~.ldable clue to hazard. I have ab- solutely no sympathy far those bringing th~a applicat~.an. 3n my opinion they are simply trying to profit by changing the rules. I would ask the commission this3 if we are going to change the zoning in hazardous.non-buildable areas, then why should we have such zvninc~ in the first place? Si erelx, ~' ~ ~ ~ 'Gar~A. & Linda R. McDaniel ec: TaV Caunoil <~. u8; ~~iluoo ()!i: 49 r'AX 719 5~8 11588 • • w.r. and ~r°ruay Thomas 402'7 Z.upine I?riz+e Vail, C+D. B1G57 Plamuug and 2aning Commission Taws of'Vail CO AuguRt 24, 2000 L1Sl3C Pf~erJaPirtay Subject: Re-zoning request for lots 15 & 16 oa Lupine Drive Tar Whom It tviay C+...,.:.. • •= Please enter into t:he minutes as part of the record our letter of conccm regarding the shout rel~.~...ced re- zoxzing of the aforementioned lat5. W e eve lived alC 4f}27 Lupine Drive for 15 yeazs, amd hive very'~ch_ enjoyed the scenic view and openness that 1~ been afforded us with these two lots being vacant of any structures. We aiso kta~re vety ~trvflg convictions as to open space being protuated rnd Sex~itivity to the etlviranmeilt being presc;rved for future g~crations. We are urging you to vote NO on the re-zoning request b~l..,~ you. We need w be responsible far preserving opeax space and natures wanders far bat7a those rat live in the area sad visit. SiaeerelY: ~~~ . f -~.~ I h w. z. Thy Trudy Thomas ~_ r1 ~J To: Town of Vail Design and Review Board Members of the Board, My name is Mike Grant. I reside at 4026 Lupine Drive, Vail. This letter is in regards to the re-zoning of lots f item and sixteen, Lupine Drive in the Bighorn Subdivision. I have been a builder and. developer in this area for several years. I have always been environmentally sensitive to the over devela~ament of many of our residential and cornznercial areas. I have learned that we need to live and develop within Qur needs, not necessarily our desires to create more financial stability. T'he transferring of units of square footage from one parcel to another for whatever reason is not living within the guidelines that we created.. To rape the land for square footage that cannot fit into a previously zoned building envelope is like they say," trying to fit ten pounds of shit in a f4ve pound bag" This area of Bighorn Subdivision is primarily single family and duplex homes and has been created by the Town and the people of this community. I highly oppose this project for more than what it was created for originally. I personally re-zoned my own property from a duplex lot to a single family lot to preserve a small part of what we all came here for, the serenity and beauty of what this state has to offer. If we continue to allow over development in environmentally sensitive areas, VIE ALL L©SE IN THE END Thank You, ~~ s- ~~ ~~..- Michael Grant • • LOT 15/16 REZONING ~l`t1ALYSIS I18128120(IO (Address Legal Descrlptlan Zoning Lot Slxe Allnwetl GRFA AvalancJl® Hazards 13566 Lupine Dnve Loi 3, 8iock 2,. &ghorn Suhdmrsion Addnion " R 5fi,445 7,422 r•ligh d Moderate Hazard 3956 Lupine Drive Lot 4. Block 2. Bighorn Subdwislan Addition 7 R 48.978 7.046 HigM1 8 Moderale Hazard 13915 Lupine Drive Lol SA Block 2. Bigborh Subdivision AddF.lon t R 3tJ.296 6, t 15 Hlgh 8 Moderato Hazard. & Possible Inll~.lence I397B Lupine Dnve L.ot 5B, Block 2, Bighorn Subdivision Additron t R 38,717 6,436 Moderate Hazard & Possible Influence E3963 Lupine Driue Lof 1A, Block 1. Bighorn Subdvision Addition 1 SFR 27.432 4,1368 [Moderate Hazard 8 Powder Blast 13977 Lupine Dnve Lot 15, Binck 1, Biy+iol'n Subdlvlsoon Addition 7 SFR 21,432 4,868 IModeratc Hazard 8 Powder Blasi 3947 Lupine Drive Lot 2A. Block 1. B.gnorn Subdivision AddiCOn 7 R 29,652 6,065 INCne _ 's9d7 Lupine Drive La12B, Black 1. Bighafn Subdivision Additon 1 R 12,628 3.582 Wane 13507 Lupine Drive Lot 3, Black 1, Brghorn Subdivision Addiboa 1 R 37.126 8,459 IPossible innuenee 1:3897 Lupine Ddve Lot 4A. Blbck 1. Bignarn SubdNlslon Addition 1 R 11 A06 3.277 IPossible Innuence 13897 L3yyye Grhre Lol 40, Black 1. 0ighorn Subdivision Addllicn 1 R '3.94G 3,910 _ I Passible In'quEnre 13887 L uprne Gdve Lo7 5A, Block 1. Bighorn Subdivision Addilion 1 R fS.602 4:950 I Passible Influence 13897 Lupine Drive Lo15B. Block 1. Blghorn SubdNls+on Add+tion 1 IR 1 S 673 4 967 I Possible Influence 13877 i opine Drive Lot S. Black 1, Biyhorn Subdivision Addtion 9 _ R 39 226 6.561 (Passible Influence I38g7 Lupine Orhre Lot 7, Obck 1, Bighom Subd+vision Addrlion 1 R 34,333 6 317 Ipossmle Influence 13827 Lupine Rave Lot?, Bighom SubdivisJan Addilion 2 PS 29.835 F.OB4 I Possble Influence 3807 i_updne Drhre Lof 3. Bighorn SubdnrisRor. Addifbn 2 PS 2fi,685 5.789 1 INOne 13797 Lupine Drive Loa 4. Blghorn Subd NislOn Addition 2 PT's 35.109 6,355 11NOne 13796 Lnpme L7rAre Lot 5. Bighorn Suhdrv3sion Addition 2 PS 28,321 5.332 f None I378fi Lupine Drnre La[ 6. Blglrarn Subdivision Additian 2 PS 2d,9v'4 5,596 JPOSS~te Ynfuence 13776 Lupine Drive Lot 7. Bighorn Subdivision AddJtbrt 2 PS 34644 6.532 IPoss~k influence I3B16 Lupine>7rive Lot 8. Bghom Subdvisron AddJlian 2 PS 37.883 6.494 'POSS~6le Influence 13826 Lupine DrMe Lo[ 5. Bghorn SubdNisron Addition 'l PS 14.941 4,160 ]Possible Influence 13826 Bridge Road Lo[ 10. Blghorn Subdhrislon Addition 2 PS ~ 12.898 3.550 Possible Infuence I3B34 Bridge Raad Lot 1 t, Biyhorn Subdhrision Add,ticn 2 PS 53.939 7,597 Passible Influence 13836 Bridge Road Lo[ 12. Bighom Subtlrv+sion Addiuon 2 P5 29,015 6,0_02 ]Possible Innuence I38d6 Lupine Drhre Lof 13, Blghorn Subdr/islon Addition 2 PS 14.8x4 4,561 JFOSSIb Ie Influence 13876 Lupine Dnve Loi 14A, Blghorn Subd'nrisron Addttion 2 PS 75,971 5,097 IPossible InOuehce 3836 Lupine Drive Lo[ 140, Biyhorn SubdMision Addttlon 2 PS 2fl,480 5.746 Passible Influence AVERAGE 27,967 6,667 R= Two-Family fteskieniial Dls[rici SF~R6 S'uigle-Family Residential Dislricf PS= Tw9-Family Pnmaryl5econ dary Res+dentiai Distrld 'Is Flow Hazards Debris Avalancd Debris Avalance Debris Avalance 8 Moderate Dabns Flaw Nane Moderate De'6ris. Flow Moderate Cebris Flow Higtr 8 Moderale Geb ris Flow Hfgr. 8 k7oderaie Debrs Flaw Higr`, a Maderetd Debris Ffnw Mcderate Debris Flow Moderale Debris Fiow Nc~:e High Dzb pis Ayalaneb High Dzb ris Avalance High Debris Avalance High Debrrs Avatance High babris Avalance , High Deb'Is Avalance Hiyh Debris Avalance High bebns Avalance & Mbddr2 High Debris Avalance, High 8 N High pdbas Flow F ~ 12-8A-1 12-$A-3 • CF~APTER 8 CFE:~1 SPACE AND RECREAT IaN DISTRICT; ARTICLE A. AGRICULTURAL AND OPEN SPACE {A) DISTRICT • • SECTIaN: 12-8A- 1: Purpose 12-~A- 2: Permitted Uses 12-8A- 3: Conditional Uses 12-8A- 4: Accessary Uses 12-8A- 5: Lot Area And Site Dimensions 12-8A- 6: Se#backs ~ 2-8A- 7: Height 12-SA- $: Density 12-8A- 9: Site Coverage 12-8A-1 G: Landscaping And Si#e Developmen# 12-8A-1 ~ : Parking 12-8A-1: PURFOSIIJ: The Agricultural and open Space Dis#rict is intended to preserve agricultural, undeveloped, or open space lands from intensive develop- ment while permitting agricultural ,pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and +©pen Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. (Ord. 8{9 973} § 12.100} 2-8A-2: PERIWIITTEI) [15E5: The follow- ing uses shah be permitted in the ,A District: Plant and tree nurseries and raising of field, row and tree crops. Public parrs, recreation areas, and open spaces. Single-family residen#ial dwellings. {Ord. 8(1973} § 12.200} 12-SA-3: CONDrT'<(}N:AL USE5: The following conditional uses shall be permifi'ted. subjec# to issuance of a con- ditional use permit in accordance wi#h the provisions of Chapter 16 of this Title: Any use wi#hin public parks, recreation areas, and open spaces which involves assembly of more than two hundred {200) persons together in one building or group of buildings, ar in one recreation area or other public recreational facility, Cemeteries. Churches, rectories, and related structures. Low power subscri{~tion radio facili#ies. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools and colEeges. Town of Vail June 200(7 12-8A-~ ~emipubiie and institutional uses, suet as convents ~:nd relici©us retreats. Slci lifts and tows. Type fl amplcyee housing units {E€-IU} as provided in Chapter 13 of this Title. tiNel1 water treatment facility. (Urd. 6x;2040} 6 2: Ord. 8{1992) § 30: Grd. 37{ i 991) § 1: Ord. 30(1983) ~ 1: Crd. 16(1985} § 1: Card. 16{i97~a) ~ 1(a): Ord. 1.(1975} ~ 3: Ord. 3(1973} ~ 12.3co} 12-8A-~: ACCESS(.'RY I75~ S: The foilcw- ing accessory uses sha€I be permitted in the A District: Accessory buildings and uses custarnarily incidental to permitted agricultural uses; including barns, silos, sheds, corrals, pens, and Slrrlllar JSes. Home occupations, subiec: to issuance of a home accupati~:n permit in acccrdancQ with the rrovisions cf Ces:icn 12-1~-12 of this Title. Private g;, eenhouses, taaisheds, playhous- es; Garages cr carports, swimming pools, pa#ios, or recreation foci€ities castcmarily incidental to single-fami€y residential =,~ses. €~etail sale of p€ants, trees, or other farm or agricultural products crown, produced or made on the premises. Other uses customarily incidenta€ and ac- cessory to permitted or conditional uses, and necessary for the operation #hereof. {Ord. 21(1994} ~ 12: Ord. 1 fi{1976} § 1 {a}: Qrd_ 8(1973} ~ 12.44p} 12-8A-10 12-8A.-:.: LC~T :~RE:~ :~:V"D SITE DItYIEi`f- 5IC3~i5: Ti']e minimum io# or site area steal! be thirty five (35} acres with a minimum of or,e acre of buildable area. (Ord. '4(1979) § ?) 12-8A.-0: SET7I,~,CIKS: In the ,~, Qistrict, the minimum front se#bacic steal! be twenty test ('24'}, the minimum side setbaelc sha€€ be fifteen feet (15'), and the minimum rear se#bac~ sttal! be fifteen feet {?5')- (Ord. 54{197s) § 2} 12-i3A-7: IIEIGI3':': For a flat roof or man- sard roof, the height of build€ngs shall not exceed thirty feet (30'}. For a sloping roof, the height of buildings s#~aIl not exceed thirty three feet (33'). {Grd. 37{~ 934) ~ 2} i 2-SA-3: ~ETM~;3ITI': Not mare than one dwelling unit stall be permitted for each thirty five (35) acres of site area, of whici~ one acre must be buildable; pro- vided. however, that one dwelling stroll be allowed on a lot or parcel of less than thirty five {35) acres wh;ici~ contains one acre of buildable area. Such dwe€€ing shall not exceed two thousand (2,400) square feet of gross residential floor area {GRFA}. {Ord. 34(1979) § 1) ] 2-8A-9: SI~'E CUti~R~,GE: Site cover- age shall not exceed fiive percent (5°,'0) of the to#a! site area. (Ord. 17{1991} § 14: Ord. 8{1973} ~ 12.547) 12-8R-10: L~ilVI~SCr~iPING :~I'+iD SITE I)E- VEI.,OPlY11ENT: Not appl'scable in the A District. {Ord. 3{1973) § 12.509) t~ • C ,tune 2000 Town. of Vail 12-SA-11 12-iiA-' 1: PAIIKI~iG: Cffi-street parking shall be provided in accordance uvith Chapter 1 a of this Title. NQ required parking shall be locate~+ in any required setback area, except as may be sp~ecifiically authorized in accorriarrce with Chapter 1? of this Title. (Qrd. x(1973) § 12.10} • • 12~8A.-Z' ~'arun ~f Vixil ' 12-6B-1 • • CHAPTER 6 RESI~"ENTIAL DiSTR1CTS ARTICLE E, SiNGL€-i"~1MILY RESIDENTIAL (SFR) DISTRICT SBCTION: 12-6B- 1: Purpose 12-68- 2: Permitted Uses 12-613- 3: Conditional Uses 1,~-68- 4: Accessory Uses 12-68- 5: Lot Area And Site Dimensions 12-63- ~6: Setbacks 12-68- 7: Height 12-6B- 8: Density Control 12-6B- 9: Site Coverage 12-o"B-10: Landscaping And Site Development 12-68-11: Parking 12-6B-1: 1'Uiti'OSE; The Single->*amily Residential District is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The Single-Family Resi- den#ial District is in#ended to ensure ade- quate light, air, pri~,racy and open space for each dwelling, commensurate with single- family occupancy,. and to maintain the de- sirable residential qualities of such sites. by establishing appropriate site development s#andards. (Ord. 8 (1973} § 2.10{]) ~ 2-68-2: PERMITTEI] USES: The follow- ing uses shall be permitted in the SFR District. Single-family residential dwellings. (Qrd $11973) § 2.200 1 ~-8~-~ 12-68-3: COoWDI7°I[]itii~L USES: The #oilowing conditional uses shall be permitted, subject to issuance of a con- ditional use permit in accordance with the provisions of Chapter 16 of this Title. Bed and breakfast as further regulated by Section 12-14-18 of this Title. Dog kennel. Public buildings, grounds and facilities- Public or priva#e schools. Public park and recreatian facilities. Public utility and public service uses. Ski lifts and tows- Type I! employee housing unit as set forth in Chapter 73 of this Title. (Ord. 6(2040} § 2: Ord. 8(1992} § 6: Ord. 3'1(1989} § 1: Ord. 20(1982) § 5: Ord. 8(1973} ~ 2.300) 12-$B-4: ACCESSt]RY USES: The follow- ing accessory uses shall be permitted in the SPR Distriot: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-1 ~-12 of this Title. Private greenhouses, tool sheds, playhous- es: garages or car}~orts, swimming pools, Jung 200Q Town of Vail 12-6~-4 patios. ar recreation facilities customarily inaidental tc sincie-family Uses. Other uses custamari€y incidental and ac- cessory to permitted or canditianal uszs, and neawssary for the operatian thereaf. (Ord. 8{1973) § 2.4G0} 12-6B-5: ~,O'I' A~L:~ ~~i1(3 S~?'# i~~lPrIEN- S-IONS: The minimum lot or site area shall be twelve thousand five hundred (12;50Q} square fee# of buildable area- Each site shall have a minimum frantace of thirty feet (3G'). Each site shall be o$ aVsize and shape capable a$ enclosing a square area ei5hty feet (8G') an each side within its boundaries. (Ord. 12(ig78} § 3) 32-615-~; S~`~'~.-~~;~.;~: €n the ci R ~?istrict, the minrnum (rant set'bacl< shall be twenty feet (2G'}, the minimunn side setbaci~c shall be fifteen feet (i 5'}, and the minimum rear setback shall be fifteen feet (~ =")- (Ord- 5G(' 978) ~ 2} 12-6B-7: Hf/i0;~'~`: c=ar a flat roof ar man- sard roof, the height of buildings shall net exceed thirty feet (3G'}. For a sloping roof, the height of buildings shall net exceed thirty three feet (33'}. (Ord. 37(1980} ~ 2} 12-GB-8: D~NSI'I'~' ~t~N't'~t,OL: A. Dwelling R~nits: Not more than one dwelling unit shall be permi#ted on each site. i2-cL-1 G 5. Gress Residential Floor Ares: . Thp foilowinc grass residential ;loor area ~GRFA) shall be permitted on each site: a. Twenty five {25} square felt of gross residential €laar area (GRFrI} for each one hundred (' 0C} square €eet of the first twelve thQUSand five hundred (12,50C} square feet of site area; pins b. Tern {1G) square fee# of aross residential floor area (GRF~,} for each one hundred (1 GQ} square fee# cf site area aver twelve thousand five hun- dred ;12,50G} square feet. 2. In addition to the above, fear hun- dred twenty five ,425} square feet of grass resident!a! floor area !GRF~} shall be permitted for each allowable dwelling unit. 3. No single-family residential !ct ex- cwp# those located entirely in the red hazard avalanche zane or the flood plain shall be so restricted that it :an- not be occupied by one single-family dwelling. {Ord- 37(19913} ~ 3: Grd. 12(1878} § 2} ~2-c~B-9: Sd'~ti ~OV~RAG~r Site cover- age shall not exceed twenty percent (2J°'a} of the total site area. (Ord. 42 {199G} § 3: Ord. 19(1976) § 3: Ord. S(rt97S} § 2.507} 12-013- i 0: L~NDSO~P~NG ;~~D SI1'~ 1)F- V'ELt7FNI~NT: At least sixty percent (6G°o} of each site steal! be land- scaped. The minimum width and length of any area qualifying as landscaping shall be ten feet (10'}, with a minimum area of net • .tune 2Gb0 T"awn of Vail 12-~e- ~ a Eels than three hundred {3(}0) square feet. (Ord. 1Q(19T6} § 3: Ord. 8(1973) § 2.09) ~ 2-8$-11 : P.'~RKI~i(T: O€f-street parking shall be provided in accordance with chapter i0 of khis Title. (Ord. 8(1973] ~.~ 1 a) .7 • 7,2-6B-i 7 Town a~ Vail 1c-6D-; i2-6D-:; ~1 ~~ CHA,FTI=R 6 Rl=S1D~NTIAL D4STRICT~ A~~~+CLi= D. TiNC~-~A~11LY F~~MAFYISi=~GNDARY RESiDE1VTtAL (PS} DtSZRICT • ScCTIOf~l; 12-6D- 1: Purraose 12-~u- 2: Permitted Uses ~2-6D- 3: Conditional Uses i2-~%7- 4: Accessory Uses 12-rD- ~: t_ot Area And Site Dimensions 12-6v- ~: Setbacks 12-6D- 7: Height 12-6D- ~: Density Control 12-6D- 9: Site Coverage 12-6D-1©: Landscaping And Site Development 12-f~D-11: Faricing 12-SD+-1: P'l'RP(~SL: The Two-Family primary/Secnr,car~ Residential District is intended to provide sites far sin- c~le-#an^rgy residential uses or two-family residential uses in which cr~e unit is a larger prirnar`;r residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. Tre Tw©- 1=amity Primary/Secondary Residential. Dis- trict is intended to ensure adequate light, air, privacy and open space for each dwell- ing, commensurate with single-family and two-#amily occupancy, and to maintain the desirable residential dualities of such sites by establishing ap~arapriate site develop- ment standards. (Ord. 30(19?7} § 2) 12-6D-2: t'EIt:~IITTEI] GSES: Tire fQlioav- ing uses small pe perrniited: Single-family residentsal dwellings. Two-family residential dwellings. Type I employee housir~c~ unit as provided in Chapter ~ 3 of this Title. (Ord. 6(2000) ~§ 2: Ord. $(19x2} § 11: Crd. 3(](1917} § 12-6D-:?: C~NI}ITIO'~i~L LS%S: The fcilcwing conditional uses shat! be permitted, subiect to issuance of a con- ditic~nal use permit in accordance with the provisions of Chapter 16 of this Ttie: 5ed and break`ast as further regulated by Section 12-14-18 cf this Title. Public buildings, grounds and facilit€es. Public or privy#e schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and taws. Type ll employee housing ur:it as set forth in Chapter 13 of this Title. (Ord. 6(24x0) § 2: ~Jrd. 8(1992) § 12: Ord. 31(1989} § 2: Ord. 3x(1977} § 2} 2'owrt of Vail June 2flflfl 12-~~-4 i?-~C-~: ~~~:=~:~SSOR:- L;5E5: The foliow- inc ac;,esscr;! arses shall be permitted: r*ome~ cctiucations, subiect tc issuanc: of a home oco~.~gaticn permit in accord wiih the ~rcv€sic;ns .f Chapter 14 Gf this Tale. rrvata greenhcuszs, too! sheds, ~layhcus- es. garaMes or carports, swimrr.ina pods. ~atics, cr recreation f.Wilities customarily incventa.l tc sincle-`arnily and t~NC-family residential uses. tither uses customarily incider7tal and ac- c°ssor~i to permitted or cUnditioral uses, and necessGr;, for the opera#icr; thereof. (Ord. 30(1977) ~ 2} 12-3C-~: ~.,t~T ,'.~~2v:~..~~.~ SITS ~I'~iI~.:V- 5i~}uS: The minimt~m lot cr site area shall be fiftee:°~ thGUSand (1 x,044) :guars feet Gf lvuild~:bie area. and wash site shall have a minimum frontage er thirty #eet (~0'j. Each site shall be of a size and shape capable of ertc:csing a square area,. eighty feet (80'} on each side, within its beund- aries_ (Ord. 12{ w 978) § 3: Crd. 30(197; ) S 2) +2-orD-O: S~.TI3t1C~S: In the Primary/ Secandary Fesidentiai District, the minirr}um front setback shall be twenty feet {20'), the minimum side setback she=.1 be fifteen #se# (1 '), and the minimum rear setback shall be fifteen feet (; 5'). (drd. 50(1978} s 2} 12-sD-7: HE;<CHT: rot a flat roof or man- sard roar. the height of buildings. shalE not exceed thirty feQt (30'). For a sloping roof, the height of buildings seal! a. ~ ~nrEnty five {25) square #eP# of gross residential floor area (GPFA) for eac'~ one hundred {100) square feat of the firs fifteen thoLSanci {15,000) square feet of site area; plus b. Tan { 14) square feet ofi gross residential floor area (G-RFA} for each one hundred (100) square feet of site area over fifteen thousand {15,400} square feel. not to exceed thirty thou sand {30,000) square feet of site area; r~lus c. Five (5} square feYt or gross residential floor area (GRFA) for each one hundred (10C} square feet of site area in Excess of thiry thousand (30,000) square feet. 2. In ac'dition to the above, #our hun- dred twenty five (425) square feat a# gross residential #foor area (GRFA} shall be permiti:ed for each allowable dwelling unit. • • • June 2800 n ~-ear -~ not exceac+ thirty three feet {3~') {Crd ~~ {19€0} ~ 2) A. Dwelling ~lnits: Not mere then a total of two (~; dwelling units shall be ~,er- mtted on Hach site ~nrith oNy one duvell;ng unit permitter on existinc lots ESS than fourteen thousand (1=t,40C~; square feet. .~. Grass Pesidential :=loot Area: i . T'ne following gross residential fic~~:r area (GR1=.A.) :;Hall be }~errnitted on e nc; site: TUwn of V-ail 12-6D-8 C. employee Housing !)nits: Notwith- stundinc the provision cf s;:hsecticns A ~:nd ~ of this Section, a T ype I em- ployee housing unit shall oe permit#ed on lots of Bess th4r~ fourteen thousand {14,4QC3) square feet in accordance uvith the provisions of Chap#er 13 of this Title. Any ~ ype I employee hous- ing unit existing on or before A,prii 18; 2444, shat! not be eliminated unless ail dwelling units are demolished. in which case the zoning on the property shall apply.. However, an existing Type ! employee housing unit may l;e re- placed with a Type it employee hous- ing unit on lots of fourteen thousand { 14,4®f}) square feet or greater. {Grd. 6{2rJ00) § 4: Card. 8(1992) §§ 13, 14: ord. 37{1994) § ~: Ord. 19{19x4) § 1: Ord. 12(1988} § 4: ord. 23(1986) § 1 : ord. 23(1981) § 2: Card, 22(1981 } § 1 Grd. 35(1984) ~ 1: Ord. 22!1979} ~ 1: ord. 12!1978) § 2: Crd, x4(1977) ~ 2) '! 12-6D-9: ,S;fTE CC?~'~IZ.~G Site cover- age steal! not exLeed twenty percent (2C)°o) of the total site area. {Qrd. 41(1994) § 5: Ord. 30{1977} ~ 2) 12-6D-14: L1IYDSC,~1'i`IG E'~~Vi3 SXT~ D1L_ `V`EI.flP^vIP.NT: At least sixty percen# (6~°a) of each site shall be land- scaped. The minimum of any area qualify- ing as landscaping shall k~e ten feet (14'} (width and length) with a minimum area not less than three hundred (344} square feet. (Ord. 34{1978} § 2} 12-6D-11: P:~RFING: ©ff-street parking shall be provided in accordance with Chapter 14 of this fiitle. (C}rd. 34{1977} 2) • 'Town of Vazl 12-6~-.' June 2()L14 f • • • 12-21-1 C~iAPTER 21 HAZARD REGULATIONS SECTION: 12-?1 - 1 : Purpose 12-21- 2: Defini#ians 12-21- 3: Master Hazard Plans 12-21- 4: Approval Of Master Plans 12-21-- 5: Town Manager Ac:.umulate Information ;2-21- 6: Si~ppiemental Studies By Applicant 12-21- 7: Report To Town Council 12-21-- 8: Interpretation 12-21- 9: f~isclaimer Of Liability i2-21-10: Development fiestricted 2-21-11 : Flood Hazard Zones And Flc~ad Hazard Studies 12-2~-1~': Improvements On Nonconforming. StruciurEs i 2-21-13: Duties Of Administrator 1221-1~: Restrictions In Specific Zones Gn Excessive Slopes 12-21-15: 9estrictions In Geologically Sensi#ive Areas 1221-1fi: Right ~Df Appeal 12-21-17: Requirement Of Band 12 21-~ ues and natural resources of the Town. which are sometimes associated with flcact plains, avalanche areas and areas of gea- logical sensitivity and slopes; to minimize damage to pubiie facilities and utilities and mrnlmlze the ne>d for relief in cleanup op- erations; to give notice to the public of certain areas within the Town where flood plains, avaianc:~e areas and areas ofi geo- Icgic sans=tivity e:.ist; and to promote the general public health, safety and welfare, (ord. 511985) ~ 1: Qrd. 12(1918} § 4} 12-21-2: ~E11'TNI'T''1(~~iS: F.~r the purposes of this Chap#er, the words con- taii^red in this Section are defined as fol- lows: BLUE HAAa= D A.VAL.AfVCHE ARI=A: An area impacted by a snow producing a total static and dynamic pressure less than si hundred (600) pounds per square foot on a flat surface normal to the flaw and/or a return interval in excess of twenty five (25) years. 12-21-1: PL'RPQSE; The purpose of this Chapter is to help protect the inhabitants of the Town from dangers relat- ing to deveioprnent of flood plains, ava- lanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitvve; and further to regulate develop- ment on steep slopes; to protect the eco- nomic and property values of the Tcawn, to protect the aesthetic and recreational val- FLdOD HAZARD ZQNE: That area covered by the base flood. The base flood area is any numbered A. AO, AH, or area of 100-year shallow flooding indicated on the Flood Insurance Rate Map, associated work maps; and Flood insurance Study. The flood hazard zone is also any area indicat- ed as °'flood plain" as defined by the Gore Creek Flood Flain information Report, 1975; as designated in Section 12-21-11 of this Chapter. ''own of V ail 12-27 R1 OCI~ Il~fSi!RANCc STUDY: The cf#icial report provided by the F:;derai Emergency ~'~anagernerrt Aeency =hat inc?udes flood prcfiics and water surface elevation of the base flood. ;EoLCGiCALi Y ~ENiiT1VE AREA: An araa •,vithin tl~e Town of Vail whici~ may be sub;ec: to roc:~c :ails, mud flows, debris flc~NS, debris ava!ancnea; and unstable soli, slcces ar rocks. ffc:~ !~AZ;~,RG A`JAI,n:SIC; ~E A>~E~.: An;f area impacted b,~ a s:'cw ava!anci^e pro- Lucing atotal static and d±.~+~amic pressure in excess of six hcsndrvd (6u0,1 pounds rer square toot an a flat scrace normal to the ilcw and/or a return inter`ial of less than twenty five (2~} years- SLOPE: "Sine" is as de#ired in Section 12-?-2 of this Title. St~ES T ^ii\1T!A.L !f1~1rPO~i1=~~31=N T: Any re- pair, recon:::rwctscrt, cr improvement of a structure, the cost of +Nflieh equals Or ex- ceeds ;iffy perc;~nt ;~0'0} cf the market ~lalue of the structure. ~rlar!~cet value shall be Determined by a qualified assessor desig- nated by the Adminitrator. The market value of a structure is determined either; A. Before the is~^~prc~vement or repair is started; or 6. if the structure has been damaged and. is being restored, before the dam- age occurred- Far the purposes of this definition "substantial improvement" is considered to recur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether ar not that alter- ation ar`fects the exterr;al dimensions of the structure. The term does not, however, include any project for im- 12-2 i -3 provement o€ a structure to comp{y with existing State or Iecal health, sanitary, ar sa#ety code specifications which are solely necessary to assure Sale llVing ccndltlonS. ZONE OF lNF`UEi~ICE: Any area in a po- tential avalanche hazard zone where de- taiied information is not currently available bu# whim may be i~•~pacted by said hazard. These zones of influence shall be designat- ed cn the appropriate reaps of the Adminis- trator of the Town. cord. 5(19Sy} ~ 2: ord. 1~~~9as} ~ ~: ord. 1~i.1a7$) § a.} ~ 2-2' -3; i~T ~,~~'E;x~L HALAttI3 ~tJ1~-~S: The Town llrlanaaer shall formulate and develop master hazard plans far the Town. Said hazard plans shall be based on engineering studies and shat! indicate the location ofi !mown flood plains, avalanche and geoiogicai hazard zones of influence, known red and blue avalanche and geologi- cal hazard areas, and forty percent (40`;'x} slope areas. lr addition, the plans may show any other information or data deemed to be desirable by the Tawn ilAanager. Max- imum citizen participation during the formu- lation ofi the master hazard plans as well as other phases of the information implemen- tation of the hazard studies and regulations, shall be encouraged. The purpose of the master hazard plans is to identify and afle~ elate present ar~d future problems created by the construction of improvements in the hazard areas within the Town by means afi presenting in an orderly fashion the general data and information which are essential to the understanding of the relationship be- tween the hazards and improvements locat- ed within said areas. The master hazard plans may be altered #rom time to time to. conform with new information or existing conditions. ~brd. 120978} § 4) • • Town of Vail • • 12-21-4 12-21-4: .~PPAf]V.~L OF ~4I.~~TER PL~vS: The master hazard plans shall not be considered to be official hazard master plans of the ?own until and unless the Town Cauncii adopts the same, by motion. No substantial modification of ne .master hazard plan shall be made un- lesv ~t s first approved by the Town Council in a similar manner. As soon as the master hazard plans are adopted, ar portions thereof are adopted, a copy of it shall be placed on file in the Cf#ICe cf the Town Clerk, wnere it may be inspected by any interested party during normal business hours. (Card. 12(1978) § ~) 12-21-'J: T~Wi'~ :1~IAVA(xER :~CCL~I~IL~- L~T,F IiVF[)12'~i~~'tI47v: The Town Manager, with the advice and approv- al of the Planning and Environmental Com- mission, shall continue to study and accu- mulate information as to hazard areas. mlVhen additional information is available, it shall be revie~~red by the Flanninc and Envi- ronmental Commission and added to the ...aster hazard plans. (Ord. 12(1978) ~ ~) 12-21-~: SI;I'PLE~IE:VTAL 5TX?'DIES I3Y t~Pf'LIC~1`fT: if an appiioaticn is made tG build in an identified avalanche hazard zone of in#luence or modification tc the flood plain, tl':e Administrator may re- quire the applicant to conduct supplemental studies as specified in this Chapter. The information submitted by the applicant fol- lowing completion ofi said studies shall be viewed by the Town staff and the Planning and ~nvironmerz#al Commission and may be added to the master hazard plans. (Ord. 12{1978) § 4) 12-21-7: REPC7iI~T TQ TUWN CQC7NCIL: The Town Manager shall report 12-21-ifl to the Town Council not less than once each year on ary additions that have been made to the master hazard plan. (Ord.. 12(1978) § ~) 12-21-8: IN'i"ERPRI:T<1°I'I~~i: Tho provi- sions of this Chapter shall be deemed to be minimum requirements. Noth- ing herein shall impair the obligations of or interfere with private agreements in excess of the minimum requirements. Where this Chapter imposes a restriction different from that imposed by other applicable provisions of law, contract, or deed, the more restric- tive prevision shall control. (Card. 5(1985) § 3) 12-21-9: I)ISCL.~I~'4IE~t (JF I.IAt3ILITY: This Chapter is based on scien- tific and engineering considerations which are continually being developed. Compli- anc~ with the provisions herein cannot insure freedom from risk to life, safety or property. This Section shall not create lia- bility en the part of the Town cr any officer ar employee thereof for any damage that may result from reliance on this Chapter, or any administrative decision lawfully mace hereunder. Tile designation of certain areas as hazard areas cr aeolorgicaily sensitive areas pursuant to maps inc~arporated into this Section does not imply in any way that areas not so designated are free from all risk to life, safety or property. (Ord. 5(1485} § 4) 12-21-10: I)EVEI.OY':4SE~fT RESTRICTED: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shat! be built on a slope a# forty percent {4n°~) or greater except in Single-Family Residential, 1'oron of Vail 12-21-1Q C ~. E. T ~,rvo-%-arniiv Re :ident=ai, ar iwa-~ami- ly i=rimarylSaccndary Resicentiai Zone Cistric.s. T he term "structure'' as used in ;his ecticr. does not include recre3tianai SlruCturca^ that are Inter,d- ad for seusanal use: nc', including residential use. ~irUCtUI~s maV i]° built in blue ava- Sanche hazard ar~~S laroviaed tflat proper mifigatir>g measures nave beer, talsen~ The ,4dministratcr ;gay reouire any acpiica.;<t nr perscn desiring to'ouild in an avalanci~e hazard zone of influence .o subrnt c definltlVe s#udy of the ;~azard area in which the applicant prapaLas c buiiG if the Town`s master ha~wrd plan does not oantain suffi- c,er't lnfcrrri~ilan t0 detarmine i7 tfle S^,rCpCSed iaC3tian IS In ~ red fliaZard 4r blue hazard area_ The requirement for additional inforfnatic~n and study sha!1 ce dcr.L ~n acc:~rd with Chaster i2 of :his Ttte_ The ,~dministratar may require any applicant or person desiring to build in an Identified bias avatanche hazard zone tL submit additional information ar rept~rts as tc whether or not irYt- provements are required to mitigate against the passible hazard. if rnitiga- tian is required, said infarmatian and report should specify the improve- ments proposed therefor. The required information and reports shall be lane in accordance with Chapter 12 of this Title. i he Administrator may require any applicant ar perscn desiring to modiry the flood plain lay fill, construction, channeiization, grading, or other simi- lar changes, to submit for review an 12-2? -12 e~viro~:mental irnnac:t staternent in aocordance with Chaptsr i2 of this T itlE. ta =stablish that the worts will not acverseiy af#ect adjacent properties, or increasz the quantity or vel©eity cf °laad waters. (Crd. 1ra(t983} 6 t: Grd. ~2(iQ~a} & ~~ 12-21-13; ~'I.f~iQi<7 ~~~~~~ ~~]i~iEB ~,i*17~ I~Lf3~3i] H:~~r~,~t31 S'TZ~DI>GS: There are two (2} sets of fiacd hazard maps and studies designated and adapted for the Tawn. They are: ,~. Ail areas designated as flood hazard zones in floe Piaad insurance Rate Maps, as ~,vell as the 1=1ood insuraryca Study, dated Ncvernber 2, 1982, are hareay designated and adopted for the areas encompassed by the Tawn ~. The Care creek Floodmlain inforrna- tion, 19i~ study, and accompanying maps are hereby adopted and desig- r3ated far an area described in the West Vail annexaticn plat, dated ©e- cember 1 S, 1 a8~. (ord. 181983} § 1) ? 2-21-1 c: 1[?~~~'?~fl~%E1~~?E~TS ~iV i'~(]N~ Ct~i\l~~RiyT~~iG S'TRt_:'~C'~'3~T~~S. A. Protection Qf Structures: Structures wihich are substantially irnpraved must be anchored to prevent flotation, cal- lapse, or lateral movement during a loose flood event; substantially im- proved strz~ctures must also elevate the lowest Haar eleva#ion, including basement, to at least one foot (1'} above the base flood elevation. • • U 1 pw7t r7~ VCLL~ C • • 12-21-i2 r A.poiication; Contents: ~ppiications for the sut~stantial improvement for struc- tures shall inc;ude the `ollowing: 1. E:~gir;eered drawings and specifica- tions sufficient to iliustra#e that the proposed structure will be anchored to prevent flotation, collapse rr lateral movement during a base flood event. Such drawings shall bear the stamp of a registered, prafessionzi engineer. 2. f=loor plans and elevations =ilustrat- ing that the lowest floor elevations including oase:-nent, of the structure shall oe elevated to at least one feat (1') ahov~e the base tkood elevation. 3. Before a terr~porary certificate of occupancy is issued for a substantially improves structure, an improvement location ~:vrtificate steal! be obtained illUStratkng Stri1C#Ure iocatiCn in Ceia- tion tc property boundaries, building dimensions, all utility service lines as omit. easements, lowest floor eleva- tion, and roof ridge elevation. The improvement location certificate shall bear the stamp of a registered, profes~ atonal surveyor. (Ord. 16(1983) § 1} 12x21-13: 17Y"~'Y~S C)F All4IIVSSI'I2~~'1'C}R: T'r1e duties of the Administrator shall be to: A. Review a€{ building permi# applications to ensure that the requirements of this Chapter have been satisfied- B. Review ir{-iprovement location certifi- cates. for substantially improved struc- tures to ensure that the icwest fl©or elevation has been elevated to .one foot ~1'} above the 1'aase fkaod eleva- tion. i2-2i-1~? C, Submit an annual report `~o the ~oder- ai Emergency Management Agency concerning flood hazard zone man- agement ar~d development activity. (Ord, 16(1983) § 1 ) 12-21-14: 1tf±STRICTIflNS IN SPECIFIC ZONES f);~( EYCISSIVY; SLOPES: The fallowing .additional special restrictions or requirements shall apply to development on any tot in a Hillside Resi- dential, Single-Family Residential, Two- Family Residential or Two-l=amity Prima- ry/veccndary Residential Zone Ois#rict where the average slope of the site 4~eneath zhe existing or proposed structure and park- ing area is in excess of thirty percent ~3r~°!o): A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal cf a recistered profes- sional engineer. C, A topographic survey prepared by a registered surveyor, with contour in- tervals of not more than two feet (2'), shall be required. D. Structures must ire designed by a licensed architect,. E. Site coverage as it pertains to this Chapter, as permitted by Sections 12-SA-9, 12-oB-9 and 12_gC-9 of this Title, is amended as falkows: 1. Not more than fifteen percent X15°,'~) of the site area may be covered by buildings; and 1'~uin c f Vail 2. Not ;more than ten percent (1 Quo) ai 1 ~-? . -1 ~: REST$3CTI(~VS it~i G~DLOGI- the total siie rea n^av be covered ~v L;~LL';;' S~`vSi ~ tViE A1tEAS: driveways and surface ;~,arking_ A, Maps Adopted: The failewina maps A site grading and t~rainage !aian swail arA heraby adopted. as the Gfficial ce required. Maps of the Town,. identifying areas of geologic sensitivity. G. A de=.alied Tian cr' retaining wails or cuts and Sills in excess of five feet (5') 1. The fJebris Fiaw and Cebris Ava- shall be required_ lanche Hazard Analysis Map prepared by Arkhur I_ Mears., P.E., Enc., and l '. .~ detezliE?d ~~tlegetatsan plan mLSt ve dated 1~JcV+embc:r ~ 9'~4. sua~n;ltted. 2. T'r,e Roc!~fail Map prepared by I. T;~e AdministrGtor may require an Sehmueser and Associates, inc., and er3vironmentaE il~pact report as gravid- dated l`Jovember 2g, 1 g8d. ed in Seotion 12-~2-2 of this Title. 3. All areas within the lacundaries of .:. A rninimurr cf or; : covered parxing the Geologic J~iazards Map, Figure 3,~ s:,acy shall is ;provided far each prepared by Lincraln Ce~/cre Engi- d+3~feliing unit. nears, Geologists and dated August o, 158. r~. SetbacJcs, as they apply tG this Chap- te~~. as require:: by ~ectians 12-t?A-6, ~. Investigation: t ~-oE -:,; 12-oC-~ and 12-~Q-~ of this -itJe, are arrer:ded as follows: there 1. En any area located within the ~„adl be ,-lo rewired front setback fior boundaries of ih A Lincoln l~eVare garages, excugt as r;ay Jae required Nlap, ar in any area identified as a by the Cesian revieav J3card. Garages debris flaw cr debris avalanche area located in tJ~e front setbac"~, as prcvid- by the Mears Map, cr in any area ed far in this Section, shall be limited ident°fied as a roc! fail area by the to one story in height {not to exceed =chmueser Map, rta init'sal application i'? #eet) with the addition a# a pitched far a building permit, grading permit ar cr ;fat ;:acr' and subjec~ to review and majnr ar minor subdivision shall be approval by the Design Review Baard_ approved until asite-specific geologic investigation is carnplete. For the L. retaining walls up to six feet (6°) in purpose of this Section, asite-specific height may be permitted in the set- geologic investigation shall be back by the design Review Board deemed a detailed geologic investiga- when associated with a permitted Lion which is applicable to each re- garage as referenced in subsection K speGtive site. All reports and studies of this Section. (Ord. 2;tQ95) ~ 1: required lay this Section shall be pre- Ord. 13(~ 994) ~ ~ } pared by a "professional geologist°, as defined by Golarada Revised Siatutes section 34-1-Q1, as amended, ar a "registered professional engineer", as C Town vj Vail ~2-fit-15 defined by Cclcrade Revised Statutes section t ~-25-1 ~~, as amended, under the direction cf and at the expense of the owner/appfican# and submit#ed to tfze Cepartrnent of Community Qevel- aprnent. 2. Tne extent of the site-specific eco- logic investigation required shall be de#ermined by the geologist or engi- neer who is rescansible for the inves- tigation; however, the investigation shall be of sufficent thoroughness and accuracy to allow such expert to certify to the following: a. For ail structures other than single-family, duplex and prima- ry/secondary dwellings, and "ac::~sso- ry uses" thereto as defined in Section 12-oC-~4. of this Gode: (1) Whether the geologic condi- tions are such the: the site can or cannot be developed for the speGifiC structure Cr use pro- posed without corrective engi- neering ar engineered construc- tion, or ether mitigation cr alter- ations. (2} Whe#her corrective engineer- ing ar engineered construction, or other mitigation or al#eratians can or cannot be accomplished to reduce the danger to the pub- lic health, safety or to property due to problems related to geo- logic sensitivity to a reasonable level, and not increase the haz- ard to other properties ar struc- tures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities ar other properties of cons#ruc- tion_ • 12-2~-i5 b. For single-family, duplex and primarylsecor:dary dwellings, and "accessary uses" thereto as defined in Section 12-~C-4 of this Title, the site- specifie geologic investigation shall certify to the fallowing: (1) Whether the site can be de- veloped for the specific structure or use proposed without correc- tive engineering or engineered CanStrUCt!On Or other mltlgcat!an or alterations; or (2} That the site is a gealegically sensitive area. but deve#opment will not increase the hazard to other property ar structures, or to public buildings, rights of way, roads, streets, easements, utili- ties Qr facilities or other prgper- ties of any kind. C. Cevelopment Plan Dr Building Permit: Fallowing the completion of the site- sgecific geciogical investigation and i#s review by the Department of Com- munity Cevelopment, a development plan may be approved or a building permit may be issued as follows: t. For all structures Bather than singie- family, duplex and primary/secondary dwellings, and "accessory uses`° there- #o as defined in Section 12-6C-4 of this Title. a. if the conclusion of the engineer or geologist performing the investiga- tion is that the site can be developed far the specific stfucture or activity proposed without corrective engineer- ing ar engineered construction ar other mitigation or alterations, the subdiwisian plan or building permit ar grading permit may be approved with- Town a~ V't~il 12-2,-t~ out conditions re!atinc to the mitica- 'ion of the areas of geologic sznsitivi- ty. b. If the finding of the engineer or geologist performing the geologic investigation is that the site is a geo- logically sensitive area, but that cor- rective engineering or engineered construction or other mitigation or alterations can be ac~ompiished to reduce the danger tc he public health and safety or to properly to a reason- able level, and such mitigation does not increase the hazard o other prop- erty or structures; or to public build- ings, roads, streets, rights of way, easements, ~,~tiiities or facilities. ap- proval of the development plan andicr the issuance of the building or grading permit shall be conditional and contin- gent ~pnn apcroval of ;;fans for cor- rective engineering and engineered construction cr other litication or alter- ations as set forth in this Title. c. I# the conclusion Of the geologist or engineer performing the site-specif- ic geologic investigation is that the site cannot be developed for the struc- ture ar use proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable level, the subdivision plan or building permit or grading permit shall be denied. 2. For single-#amily, duplex, and pri- maryfsecondary dwellings, and "ac- cessory uses`" thereto as defined in Section 12-6C-4 of this Title: a. If the conclusion of the engineer or the geologist performing the investi- gation is that the site can be devel- oped far the specific strs~cture or use 12-21-15 proposed ~•~rithaut corrective engineer- ing or engineered construction or ether mitigation or alterations, or that the site is a geologically sensitive area, but will not increase the hazard to other pros~erty or structures or to public buildings, roads, streets,. rights of quay, easements, utilities or facili- ties, agrading permit or building per- mit may be issued- b. if the finding of the engineer cr ceoiocist ~;erforming the site specific geologic :nvestigation is that the site is a geologicaiiy sensitive area, bu# that corrective engineering or engi- neered construction or other mitigation or alterations can be accomplished so that there is no increased hazard to other properly or structures, or to public buildings, roads, Streets, rights of way, easements, utilities or facili- ties. the issuance of a building or grading permit shelf be conditional and c©ntinge^t upon approval of plans far corrective engineering or engi- neered cwnstruction or other mitigation or alterations as set forth in this Sec- tion. c. If the conclusion of the geologist or engineer performing the site-specif- ic geologic investigation is that the site cannot be developed for the struc- ture proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated so that the hazard to other properties or structures will not increase from the present level or the hazard to public buildings, roads, streets, rights of way, easements, utilities and facilities will not increase from the present level, #hen the building permit or grad- ing permit shall be denied. c: • • Town a f Vail 12-21-15 ~. Construction Requirements: The fol- lowing requirements shall pertain to the construction of any building or structure to be built in an identified or designated area of geologic sensitivity and which requires corrective engi- neering or engineered construction or other mitigation or alterations to re- duce the danger to public health and safety ar to property due to such prob- lems as set forth in subsections C1b or Cab alcove. 1. The certified site specir`ic reports and plans rEquired by this subsection shall be prepared by each engineer and geologist as applicable to their area of expertise and specialty and shall c4rtify that: a. Adequate base data as may be pert¢nent has been provided. b. Said base data is utilized in the design and planning of the proposed project or structures c. design and canstruct¢on proce- dures derived from said base data are executed. d. Design and construction will reduce danger to the ~ public health, safety ar property due to geologic sensitivity to a rea~anabie level. 2. No certificate cf occupancy, tempo- rary or permanent, shall be issued E. until the following have been approved by the Department of Community Deve¢opment ar its authorized repre- sen#atives: a. Inspection and certification by the Town Building Official and the engineer or geologist who prepared • i 2-~' -1 the plans and specifications that the work was property performed n accor- dance with the clans and specifica- trans. b. If the engine€~r, geologist, ar Building Cfficlal of the Town finds that the work is not being done in accrr- dance with the approved plans and specifications, the discrepancy shall be reported immediately in writing to the er~ntractor and to the Department of Community Deve¢opment. Recnm- mendatlans for corrective measures, if necessary, shall a¢so be submittea`_ c. All geologic reports prepared under this Sec#ion shall be signed by and prepared by ar under the respon- sible direction of "professional gec~ia- gists" as defined by Colorado Revised Statutes section 34-1-2~1, as amend- ed. Such professional geologist shat[ be experienced and competent in the geologic specialty required to meet the objectives of this Chapter. Such pro#essivnai geologist shall be respvn- sib€e for certification of ail oeoiogic maps and reports prepared by himlher under his/her responsible direction as specified in this Section. Ail enginewr- ing reports required by this Section shall be done by a "registered pro#es- sional engineer" as defined by Cviara- do Revised Statutes section 12-25-10~, as amended. Existing Uses Continued; Exceptions: Existing use of land, structures or premises which are not in conformity with the provisions of this regulation may be continued,. except for the following: 1. Na building permit will be issued for the exterior expansion, alteraYton yr 7'otvn o~ Vail 12-21-ice 12-21-1 addition c existing struct:,~res in geo- logically sensitive areas exce{~t Tar windows. skylights and other similar minOr aitEratlGnS Unless the reaUlre- ments oT subsections B thrcuch D of tt;is Section are complied with.4 2. Structures s;istino c~~ the effective date hereof which yore damaged or destroyed may be reconstructed with- out compliance to this Section as long as~ said s}ruc*:ure complies with ot~"ser applicable ordinances and is ccn- structed to substantially the same dimensions as e :fisted prior to dam- age or destruction, unless given ap- proval by the ~cwn to alter the design. ;_. Notice Fequirer~erts; In order to pro- vide reasonable rtcticn to the public of the probier~ti related to geologically sensitive areas, the following notices regulations and requirements are here~.ay accepted for ail real property end strut}ores located in ceoicgicalhy sensitive areas: 7 ~ All subdivision plats recorded after the eTfecti~se date hereof shall identifiv and designate each got and blocs, or portiens thereofi, located within any geologically sensitive area, together 'Kith applicable sub-zone desicnations, by a stamp or writing in a manner providing r sasonable natic~ #e inter- ested parties. 2, .+~ll plans submitted after the e#fec- tive date hereo€ with} the building per- mit application for property within said areas shall be stamped by the app~i- cant "Geologically Sensitive Area" together with the- applicable zone designation. °rior to the issuance of any building permit for construction within the geo- logically sensitive areas, the owner shall submit a written, signed and notarized affidavit certifiying acknowl- edgement of receiving personal notion of the fact that said building or struc- ture is in an area of geologic sensitivi- ty and noticti of the studies conducted to date with regard thereto. ~. All owners, lessors or agents who rent, lease or sublet ary structure or premises within an area of geologic sensi#ivity shall provide the tenant, lessee or subtenant with written no#ic~ that said properly is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1 of any year. 5. 1=ach and every real estate agent, gales person and broker, and each and every private party who offers for sale or si^ows a parcel of real estate and/or structure far sale within sold area of geologic sensitivity, shall pro- vide the prospective purchaser, with written notice that said real property and/ar structure is located within said area of geologic sensitivity. Further- more, written notice shall be made in ail instances prior to the execution afi any sales documents .and shall state that this Section and the studies and maps re#erred to in this Section are available for public inspection at the office of the Department of Communi- ty Development and that said maps, studies and this Section. should be reviewed prior to any party entering into any agreement or contract with regard thereto. • • Tow~a oj' jT~zil • t2-2t-15 G Disputes; ~'rocedure: In any case where a person wishes to dispute the designation o6 any property as a geo- logically sensitive area by one of the maps and studies adopted by this Section, the following procedures shall be followed: 1. A written application shah be filed with the Department of Community Developrr~ent requesting such a hear- ing and providing a supporting site- specific geologic investigation. 2. A hearing shall be sat on a date a minimum or thirty (30} days after the application has been flied to allow for a staff review. 3. At the (nearing before the Town Council, the applicant shall be given a reasonable opportunity to present hisfher case and submit technical and gecaloaic evidence to support his/her claim. If the site-specific geologic investigation establishes by clear and convincing evidence that the property should hat be designated as a geoiog- ically sensitive area, the Town Council shall direct the Department ofi Com- munity Development to amend the map appropriately. H Additions To Maps: In any case where a person wishes to have one of the official maps adopted by this Title amended to notate more detailed site- specific information is available, the following procedure shall be followed: 1, A written application shall be filed with the Department of Community Development requesting such a hear- ing and providing a supporting site- specific geologic investigation. 12-21-17 2. A hearing shall be set on a date not less than thirty (30~ days after the application has been filed nor more than sixty (~C}) days to ailaw for a staff review. 3, if the applicant establishes at the hearing by clear and convincing evi- dence that the information contained in the site-specific geologic investiga- tion is reliable, the Town Council shall direct the Department of Community bevelopment to keep a copy of said site-specific investigation on file in the Department of Community Develop- ment and available to the general public and shall further direct the Department ofi Community Develop- rnen# to notate the appropriate official map adopted by this Chapter so that it indicates that said site-specific investi- gation is on file with the Department of Community Development_ {Ord. 20(1985) § 1: Ord. 5(1985] § 5) 12-21-16: RIGH'3~ OF r'~iYF1CAL: Nothing in this Chapter shall be deemed to deny any interested person hisfher rights to appeal the decision of the Administrator in accordance with Section 12-3-3 of this Title. Also. nothing in this Chapter shall be deemed to deny any interested person his/her rights to seek. a variance from the requirements of this Chapter, except in the case where a proposed structure or fill will raise the base flood elevation or increase the quantity or velocities of flood waters during a 100-year flood. Variances shall be governed by the provisions of Chapter t7 of this Title. {Qrd. 16(1983} § t) 12-21-17: R1h;QLIRE;vIENT aF BQND: Any applicant under this Chapter may be required to past bond, a letter of credit, Tpwn of Vail 12-27-17 or ether guarantee to erasure that the irrz- grovemer+zs, reports, or other requirements ;f this Chapter are c-~mgleted and complied with. (Orc#. 1 ~(7 98~) ~ 1) ~2-2~-17 • a • Town of Vail Approved September 25, 2000 PLANNING AND ENVIRQNMENTAL COlV1MISSlO~ • August 28, 2000 Minutes MEMBERS PRESENT Chas Bernhardt Diane Golden ~3rian Doyon Doug Cahill Tom Weber Pubiiia Hearing MEMBERS ABSENT: Galen Aasland Jahn Schofield Chas Bernhardt called the meeting to order at 2:00 p.m. 2:00 p. m. A request for a minor subdivision to allow far the reconfiguration and replotting of two existing lots and the rezoning of Lot 16, Bighorn 2nd Addition, from Agricultural & Open Space to Two-Family PrimarylSeeondary Residential, and the rezoning of Tract A to Natural Area Preservation District, located at 3886/3896 Lupine Drive/Lots '15 & 16, Bighorn 2nd Addition. • • Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Rather George Rather stated that this was changed to a warksession, due the concerns and issues of the neighbofiaod. He then gave an overview of the staff memo. Chas Bernhardt asked the applicant if he had any comments. Jay Tschirner, representing the Wilson Family Trust, thanked George Rather for a thorough analysis of today"s application. He said there was some confusion regarding their intentions. He said they too wanted to protect the waterfall site by deeding it over to the Town and that they would also provide public access through the property with a formal deed, because as it is currently deeded, the access is private property, He said there were improvements in the neighborhood that weren't properly protected an the other side of Lupine Drive. He said they had no intention to develop this property for profit; but that they wanted one of the sites for themselves. He said they sought Art Mears out as the foremost authority on hazards and he has provided a thorough and accurate analysis. Chas Bernhardt asked if there were any public comments. Bil! Coggs, a neighbor, asked Mr. Tschirner what type of structure was he planning on building on the narrow Cot. Jay Tschirner said as it was currently configured„ they did not plan to build. Bill Coggs then asked what had changed in the last twenty years. Planning and Environmental Commission Minutes August 28, 2000 STAFF PRESENT: Russ Forrest George Rather Judy Rodriguez A{~praved Sep#ember 25, 200 Art Mears stated that nothing had changed. He said fn ~9~9, he wrote a letter with a recommendation of not building on the property at all. Bill Stewart, the west adjacent neighbor, stated that the Commission should put the safety of the community and neighborhood ahead of open space. He said that building envelopes should flake place prior to rezoning and that we may not create a subdivision in a geolagicaAy sensitive area. He then asked that this Commission pursue the possibility of acquiring this property with the Real Estate Transfer Tax Claudia Delude, the east adjacent neighbor, asked George out of the 5Z lets available for purchase for open space, how many were actually purchased. buss Forrest said 40. Claudia Delude handed out a report that was contrary to Art Mears report and said to disregard any of Art Mears reports. Tom Weber asked if her statement was an the basis of this letter. Claudia Delude stated that in May, Art Mears said to her that this let was unbuiCdable and he needed to get paid for his work. So she said she felt it was biased. Tom Weber asked if on the basis of that we shauld disregard his report. Claudia Delude said the Wilson`s didn't think this was buildable. She stated that as a good will gesture, it would nice to see the Wilson's here and also current on their taxes. She agreed with Bill that open space was really what we were tacking about and this parcel should be designated by the Town of Vail as one of the 51 parcels of land that should be purchased. Srian Muncaster, a neighbor on Lupine, asked the developer how he would do this without negatively impacting the neighbors on either side. Jay Tschimer said. that knowing all the details of the design was not the process that the Town was going through at this time and that would be through the Design Review Process. He said it was incumbent upon us to meet those requirements that wicl not in any way adversely affect either person on each side. Brian Muncaster asked Russ if most of the open space fends were purchased by fair market value. Russ Fan'est explained the various ways properties were purchased and that the first properties were below market value. Mr. Nathaniel asked the applicant where the building would be positioned on the property. .lay Tschirner again made it clear why he was here today • Planning and Environmental Commission Minutes August 28, 20fl0 Approved Se{~tember 25, 2000 George Ruttier explained the existing proposal and how it would be subdivided info three new parcels of property. He said the rezoning reques# would be for a total of 12,OQ0 sq. ft. of GRFA. He explained what seemed most reasonable to the staff was the goal to reconfigure the sites to salve the problem. He said the Tract A parcel would be protected by transferring ownership to the Town of Vail, the t15FS or put a conservancy easement in place to preserve the watertall as it exists today. Brian Dayon asked where the access would be George Rather said a 12' access would be dedicated to the Town of Vail. He then s#ated that the Town of Vail might not want this land when it will never be developable. Jay Tschirner said it was never the developers intention to upzone and that we would not be asking for additional dwelling units, or GRFA, based on the adjustments we plan to make. He said the goal was to find a building site that was acceptable and met the criteria of the building code. Art Mears explained that the farther away the structure, the easier to mitigate and he suggested building as far down to Lupine as possible. He said he was not an advocate of development on this parcel, but the public might benefit if the buildings were built properly, as the hazard extended past Gore Greek. He said that the applicant was prepared to build a preventative avalanche protector. Scott Ridley asked if the structure would be a debris blocker~ Art Nlears said the homes would be avalanche defense structures. Scott Rldler asked if the debris would be slowed dawn ar deflected Art Mears said it could be stopped behind the structure. Bill Stewart said. the debris flow was towards his home and he would like to see the design work ahead of time. He said if there was an engineering design to protect his property, he would be ok with this, but we need this done before. Mike Grant said, as a developer, that his problem with all of this was to live within the guidelines, such as setbacks and the whole problem with this is that Lot 15 is unbuiidable and sa he suggested moving the units to aria lot. He asked why two duplexes were needed. He said without building a wall behind the structure, the avalanche, right now, comes down and spreads out. He said he didn't feel there had been enough work done on this and he was opposed to moving lot lines. Scott Ridley, Lot 12, said he would like the Commission to look at the file on Lot 11 regarding the conflicting opinions over the last 25 years. He said Lot 11 currently had a pit where a foundation was once, and if this lot was buildable something would have been built. He suggested studying that file to see what's going on with this lot. He said I<risten f~ritz said the only shelter that could be built was an earth shelter. He stated rules shouldn't be changed to accommodate the developer. He said there were also wetlands up there. • Planning and Bnviranmental Commission Minutes August 28, 2000 Approved September 25, 2000 ~ ' Qoug Cahip said the initial goal was to have a letter from the Town stating that the lot was buildable to give to a person trying to sell their property. He said safety was a major concern because white on a site visit he saw that there was no heavy vegetation to stop any debris flow. He mentioned that the adjacent lots had vegetation that had been growing for 4Q to 10Q years. He said the PEC had to look at the level of interest that came from the neighbafiood and community, which was high. He said that whatever was built there would slaw something done and it would have to be built properly, but won't help someone playing in the backyard. Brian Muncaster said his house had been there far 20 years and he said he had photos showing #hat they had cleared debris an the west side of #hat house. Doug Cahill said it was in a debris flaw, but anything can be built with money. He said the PEG was trying to be fair with what would be the safest scenario and determine what can be built on that space. He said he thought there could be a solution. ^iane Golden agreed with Doug. She said that the site fits two of our goals in the Land Use Plan; that open space and residential growth should occur. She said we needed to recognize that this was private property and that should be a consideration. She said Jay had exhibited that he wanted to work things out, sa I think there needs to be more discussion with alternatives offered. She said that although this was a very important open space area, it was also private property, which needed to be considered. Tom Weber said, speaking as an architect in Vail, these things could be engineered to meet debris flow. He said that this was private property with development rights and it is unfortunate that the owner was not here to hear about letting people walk through their property, He said there was nothing in the code that wouldn't allow lots to be resubdivided and he said he would like to see the Town get open space with an access. He said he was concerned about these lots having high hazard zones as they were new lots created. He said that Tract A would have to be entirely in the Red Zone and the new lots not be in the high hazard zone. George Rather clarified tha# growth and expansion, not platted by the Town cannot be in high hazard zones and that this very area predates this discussion. He said there was a lot of development in the Town of Vail tha# is in the hazard zone. He said in thus case, since there was no variance procedure, this met the hardship criteria and the purpose of the worksession was to come up with solutions that were agreeable. He said this was a very emotional issue with lots of telephone calls and letters. He said if this Commission believed that the developer could develop this property that all property owners in the Town of Vail now enjoy, then this was the best solution. Tom Weber said the developer was entitled to three dwelling units. He said this met ail the criteria. He said he would like an analysis of lot sizes with GRFA in the neighborhood. Brian aayon thanked the public for showing up. He said his first concern was why was this zoned agriculture and he asked the applicant why he wanted to upzane. He said this was a grant of special privilege and he said he had not seen a reason to change it. He said to be able to combine Lots 15 and 16, you would have to be out of the red zone and so he felt it would be in order to make it a nice present to someone. He said Lot 18 could have one unit with one EHU and a garage credit for the primary unit. He said if the Planning and Environmental Commission Minutes August 28, 2000 Approved September 25, 2444 lots were reconfigured, it would be where the red zone stops. He said he was interested in who would be managing the land. Tom Weber asked if the restriction for upzoning was a criteria. George Ruttier said, no, but it was a goal. Tom 1Jl/eber said it was vrigina[ly zoned two-family and so it was not upzoning. He said that the lot was not worthless, only encumbered by the zoning overlay. Chas Bernhardt said the encumbrance by the Town of Vaii is for the safety of future owners and unfortunately it does reduce the development potential, He said he it was illegal to change the zoning back and forth for the convenience of the owner and we would need to look at the legal issues, as we have to be very careful what we allow people live in. He said it was a wise decision that this was a worksession and he looked forward to both parties providing more information. Mike Grant said he didn't feel sorry for these people; as they were 2nd class citizens to zone it agriculture to avoid taxes and now come back and want to gain from it. George Rather said the original plat shows 16 lots in Bigham Subdivison 2nd division and given the information we have today, most likely the lot wouldn't be reconfigured that way #oday because of the hazards. Bill Stewart said he would like restrictions taken off his home today, as he couldn't put a hot tub an his back porch. Claudia Delude stated the Wilson's should pay property taxes for the past twenty years as good will. She said it could be required by the Town in the hazard regs as an escrow account and she read from the code Section 12-21-17, that any applicant may be required to past a bond or other guarantee. She suggested requiring a $5Q„OOt] bond far reports for mitigation hazards and legalities- She said she didn't want just want one opinion- George Rather said the bond was not tv bond against the adjoining property owners and the bonding requirement was not for the adjourning property. She gave the example that if this subdivision was approved, the applicant would be required to have an engineer report. Claudia Delude said she would feel very comfortable if the CDOT engineers commented on the geologic hazards with the applicant bonding for that.. Chas Bernhardt said that the Baard takes a look at the impacts on the neighbors, who need to work together. Claudia Delude said it would be nice in the process if the Town took some responsibility. Brian Doyon said at the next meeting he would like to look at Lot 11 to understand those issues. Doug Cahill asked about the 20-year warranty deed. Planning and Environmental Commission Minutes August 28, 2400 Approved September 25, 2000 ' George Bother said he would like to contact someone from the Wilson family, as it did not say on the deed what the intent was. Claudia Delude said the deed says it was unbuildable, George Ruther told Doug that we would do a title search. Scott Ritter said Lots 14 and 11 were purchased with the intent of being subdivided and bath lots were platted primary/secondary. He said the intent was to see what goes on at this meeting- Claudia Delude said the Vail Racquet Club owners would be coming in as well. George Ruther sumrrmarized a bevel of assurance an the structure was needed by Bill Stewart. He said he would like software or a model with a structure showing the impacts on adjacent properties and if a hazard event occurred it would have to stay on Lots 15 and 14. He said if we saw what it looked like. it might help to alleviate some concerns 2. information Update SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2000- Doug Cahill Chas Bernhardt Galen Aasland Brian Doyon Tom Weber John Schafreld Chas Bernhardt Doug Cahill Galen Aasland Tam Weber Brian Doyon John Schofield Jan-Apr. 5, '00 Apr 19, '00 May 3, `00 May 17, '00 Jun 7, `00 Jun 21, '00 Jul 5, '00 Jul 19, '00 Aug 2, '00 Aug 16, '00 Sep 6, '00 Sep 20, '00 Oct-Dec '00 3. Approval of August 14, 2000 minutes. Brian Doyon made a motion to approve the minutes as read.. Torn Weber seconded the motion. The motion passed by a vote of 4-0 with Diane abstaining- Brian Doyon made a motion to adjou~~ Doug Cahill seconded the motion. The motion passed by a vote of 5-0. The meeting adjourned at 4:50 p.m. • • Planning and Environmental Commission Minutes August 28, 2x00