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HomeMy WebLinkAbout2000-1009 PECTHIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town c Vail will hold a public hearing in accordance with Section 12-3_8 of the Municipal Code of the Tawn of Vail on October 9, 2000, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request. fior a miner subdivision of the property formerly known as the Tennis Court site and Lionshead Skier Run-Out, now proposed to be called the Forest Road Parcel, lacated at 615 Forest RoadlUnplatted. Applicant: The Vail Corporation Planner: Brent Wilson A request for a miner subdivision of Lot 2, Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian, informally known as the Lodge at Vail Exchange Parcel, to allow for the creation of Lot 1 & Lot 2, Mi[I Creek Road Parcel, generally located at South of 174 Gare Creek Drive. Applicant: The Vail Corporation Planner: Allison Ochs A request for a minor subdivision, to allow for the vacation of lot lines, located at Lots 1-4, Block H, Vail des Schone Filing 2. Applicant: Town of Va'rl, represented by Nina Timm Planner: Allison Ochs A request for a final review of a conditional use permit, to allow far the construction of Phase I of Donavan Park improvements, generally lacated southeast of the intersection of Matterhorn Circle and the South frontage Road. Applicant: Town of Vail Planner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the protect planner's office, located at the Tawn of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone far the Hearing Impaired, for information. Camrnunity Development Department Published October 22, 2000 in the Vail Trail. ~. ~s TQ1~N OF ~'A~ 1 PLANNING ANQ ENVIRONMENTAL COMMISSIC?N ~~ PUBLIC MEETING SCHEDULE Monday, October 9, 200Q PROJECT ORIENTATIQN 1-Community Development Dept. PUBLIC INELCQME 12.x0 pm ME=MBERS PRI;SEI`JT MEMBERS A85ENT Site Visits : 1:3D pm Mill Creek Road Parcel -South of 174 Gore Creek Drive • Driver: Brent ~~ NC]TE: If the PEC hearing extends until 8:00 p.m., the board may break fflr dinner from 6:00 - 6:30 p.m. Public Hearinq -Town Council Chambers 2:UU pm 1. A request far a minor subdivision, to allow for the creation ofi a new parcel located at 1778 Vail Valley Drive 1 a currently unplat#ed tract of land within Section 9, Township 5 South, Range 8fl West of the 6"' P.M. directly north of Lot 3, Sunburst Filing 3 within the Vaii Golf Course. Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson 2. A request for a minor subdivision of Lot 2, Section 8, Township 5 Sou#f ~, Range 84 West of the Sixth Principal Meridian, informally known as the Lodge at Vail Exchange Parcel, to allow for the creation of Lot 1 & Lot 2, Milli Greek Subdivision, generally located South of 174 Gore Creek Drive. Applicant: The Vaii Corpora#ion Planner: Allison Ochs • 3. A request for a minor subdivision, to allow for the vacation of lot lines, located at Lots 1-4, Block H, Vail dos Schone Filing 2. Applicant: Town of Vail, represented by Nina Timm Planner: Allison Ochs 4. A request for a final review far a minor subdivision to allow for the reconfiguration and replotting of two existing Pots located at 3886f3896 Lupine ^nvelLots 15 & 16, Bighorn 2nd Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Rather ~ ~ ~~ ai TONVr1i OF Y~dLL 5. A rectuest for a minor subdivision of the property formerly known as the Tennis Court site and Lionshead Skier Run-Out, now proposed to be called the Forest Road Parcel, located at 61 ~ Fores# RoadlUnpiatted. Applicant: The Vaii Corporation Planner: Brent Wilson TABLED UNTIL OCTOBER 23, 2000 6. A request for a final review of a conditional use permit, to allow for the construction ref Phase I of Donavan Park improvements, generally located sou#heast of the intersection of Matterham Circle and the South Frontage Rvad. Applicant: Town of Vail Planner: George R,uther TAELEC UNTIL OCTOBER 23, 2000 7. A request for a minor amendmen# to an approved development plan (SDD #35}, to allow for a reduction in the number of parking spaces (and the conversion of these spaces into common storage} at the Austria Haus parking garage, located at 242 East Meadow DrivelA part of Tract C, Vail Village 1~i Filing. Applicant: Austria Haus Condo Association Planner: George Ruttier TABLED UNTIL NOVEMBER 13, 2000 !~. Approval of September 25, 2000 minutes 9. Information Update The applications and information abaut the proposals are available far public inspection during regular office hours in the project planner's office locoted at the Town of Vail Community Development Depar#ment, 75 South Frontage Road. Please call 479-2138 far information. Sign language interpretation available upon requQSt with 24 hour notification. Please cal[ 479-2358, Telephone for the H@aring impaired, far inforn~atian. Community Development Department Published October S, 2000 in the Vaif Trail • • • 2 PLANNING AND ENVIRONMENTAL COMMISSION • • MEETING RESULTS Monday., October 9, 2p©0 PROJECT ORIENTATION-1Vo Lunchf Community Development Dept. PUBLIC WELGOME 1:00 pm MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden John Schofeld Brian Doyon Tom Weber MEMBERS ABSENT Doug Cahill Site Visits : 9;~~ pm 1. Mill Creek Road Parcel -- South of 974 Gore Creek Drive Driver: Brent ~~ NbTE; !f the PEC hearing extends until 6:00 p. m., the board may break for dinner from 6:00 - fi:30 p.m. Public Hearing - Tawn Council Chaml3ers 2:Oa pm 1. A request for a minor subdivision of Lot 2, Section 8, Township 5 South, Range 84 West of the Sixth Principal Meridian, informally known as the Lodge at Vail Exchange Parcel, to allow for the crew#ian of Lot 1 & Lot 2, Mill Creek Subdivision, generally located South of 174 Gore Creek Drive, Applicant: The Vail Corporation Planner: Allison C]chs MGTION: John Schofeld SECOND; Brian Doyon VUTE: 6-0 APPROVED WITH 1 CONDITION: 1. That the applicant provide a bicycle and pedestrian easement either prior to recording of the plat ar at the time of development on the property, based on negotiations with the Department of Public Works, 2. A request for a final review for a minor subdivision to allow for the reconfiguration and replotting of two existing to#s located at 3888/3896 Lupine DrivelLots 15 & 16, Bighorn 2~d Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ru#her WORKSESSION - NG VOTE ,. ' ~.~ TOWN OF PAIL V 3. A request for a minor subdivision of the property formerly known as the Tennis Court site and Lionshead Skier Run-Out, now proposed to be called the Forest Road Parcel, located at 615 Forest Road/Unplatted. Applicant: The Vail Corporation Planner: Brent Wilson TABLED UNTIL OCTOBER 23, 2404 4. A request for a final review of a conditions[ use permit, to allow for the construction of Phase I of Donavan Park. improvements, generally located southeast of the intersection of Matterhorn Circle and the South Frontage Road. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL QCTOBER 23, 2444 5. A request for a minor amendment to an approved development plan {SDD #35), to allow for a reduction in the number of parking spaces {and the conversion of these spaces into common storage) at the Austria Haus parking garage, located at 242 East Meadow UrivelA part of Tract C, Vail Village 1St Filing. Applicant: Austria Haus Condo Association Planner: George Ruther TABLED UNTIL NOVEMBER 13, 2400 6. A request for a minor subdivision, to allow for the creation of a new parcel located at 1778 Vaii Valley ©rive 1 a currently unplatted tract of land within Section 9, Township 5 South, Range 8Q West of the 6t~ P.M_ directly north of Lot 3, Sunburst Filing 3 within the Vail Golf Gourse. Applicant: Vail Junior Hockey Association, Vail Recreation Dis#rict, Tawn of Vail Planner: Brent Wilson TABLED UNTIL NOVEMBER 93, 2444 7. A request for a minor subdivision, to allow far the vacation of lot lines, located at Lots 1-4, Black H, Vail dos Schone Filing 2. Applicant: Town of Vail, represented by Nina Timm Planner: Allison Qchs TABLED UNTIL NOVEMBER 13, 2444 8. Approval of September 25, 20(74 minutes 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's offce located at the Town of Vail Community Development Department, 75 South Frontage 'Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. C©mmunity Development Department Z r MEMORANDUM TO: Planning and Environmental Commission FROM: Community Qevelopment Department DATE: October 9, 2000 SUBJECT: A request for a minor subdivision of Lot 2, Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian, informally known as the Lodge at Vail Exchange Parcel, to allow for the creation of Lot 1 & Lot 2, Mill Creek Subdivision, generally located at South of 1 ~4 Gore Creek Drive. Applicant: The Vail Corporation Planner: Allison Ochs I. DESCRIPTION AND BACKGROUND OF THE REQUEST Lodge Properties acquired a purchase option for 385 acres of privately held land located within the Eagles Nest Wilderness area.. Lodge Properties exercised this option, then exchanged the wilderness land for 2.068 acres of federal land located within the Town of Vail These 2.068 acres of land are known as the Lodge at Vail Exchange Parcel, hereafter referred to as the "lodge parcel". First proposed in 1983, folCowing a series of appeals, the exchange was approved in the early t990s. The owners, Ledge Properties, have requested a minor subdivision to aIIQw for the subdivision of the lodge parcel into two lots. The lodge parcel is currently zoned Natural Area Preservation District. The purpose of the Natural Area Preservation Zone District is as follows: The Natural Area Preservation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in Section 1~-SC-2 of this Article, The !Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The !Natural Area Preservation District includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water qualr'ty and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or simifar compatible improvements. ~M~ t , ~~~~ ~~ -~ .~ AWN 4F NAIL ~` The subdivision is proposed to subdivide the lodge parcel into Lot 1 (.417 acres} and Lot 2 (1.651 acres;7, Mill Creek Subdiuision. No zoning changes nor development are currently proposed. II. STAFF I~ECi~MMENDiATIC)N The Community Development Department recommends approval of the request to subdivide Lot 2, Section $, Township 5 South, Range $0 West of the Sixth Principal Meridian, informally known as the Lodge a# Vail Exchange Parcel, into Lots 1 and 2, Miil Creek Subdivision. Staff's recommendation for approval is based upon the review of the criteria outlined in Section V of this memorandum. Specifically, staff's recommendation of approval is subject to the following finding: That the proposed minor subdivision plat complies with the review criteria and requirements of Chapter j3 of fhe Town Cade and development standards as outlined in 72-SC (,Natural Area Preservation Zone District) of the Town Cade. Should the Planning & Environmental Commission choose to approve the minor subdivision request, staff recommends that the following conditions: 1. Tha# the applicant provide a bicycle and pedestrian easement either prior to recording of the plat or at the time of development on the property, based on negotiations with the Department of Public Works. III. ZONING ANALYSIS The purpose of the Zoning Analysis is to provide a written comparison of the existing development rights of the lodge parcel in comparison to the proposed development rights of Lot 1 and Lot 2, Mil'I Creek Subdivision. Minor Sutadivision of Lodge Parcel into Lo#s 't and 2, IlAill Creels Subdfvisiory EXISTING Zoning: Natural Aria Preservation District PROPOSED Natural Area Preservatipn District Hazards: No mapped hazards exist Lot Size: 2.8~6'y8or~ac}rpes 90,082.7$ sq- ft. Permitted Uses: nature preserves Development nfa Standards: No mapped hazards exist Lot 1: .417 acres / 18,164.52 sq. ft, Lot 2: 1.651 acres / 71,917.56 sq. ft. nature preserves n/a • 2 V. MINOR SUBDIVISION CRITERIA A basic premise of subdivision regulations is that the minimum standards far the creation of a new lot(s) must be met. This subdivision wilk be reviewed under Title 13. Subdivision Regulations, of the Town of Vail Code. A. The first set of criteria to be considered by the Planning and Environrrmental Commission for a Minor Subdivision application is: Lot Area: There are no minimum lot size requirements in the Natural Area Preservation Zone District. Frontage: There is no minimum frontage requirement in the Natural Area Preservatian Zone District. Qimension: There are no minimum dimension requirements in the Natural Area Preservatian Zone District. Staff Response: Staff believes that the proposed subdivision meets the minimum lot standards as specified by the Natural Area Preservation Zone District. l3. 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 steal! be given to the recommendations made by public agencies. utility companies and ether agencies consulted under subsection 13-3-3C, The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regufafions, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land 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 anti extent of improvements required. Staff Response: Staff has reviewed the minor subdivision for compliance with the applicable evaluation criteria. Upon the completion of our review the staff finds that the proposed subdivision complies with the subdivision criteria. 2. To provide for the subdivision of property in the future without conflict with development on adjacent Land. • 3 Staff Response: Adjacent uses include ski tease related facilities, residential, and commercial uses. The property is adjacent to Forest Service land Adjacent zoning includes CCI, P.~S, and HDMF. The Vail Land Use Plan identifies this property as Ski Base, which is described as: "Ski trails and facilities related to a ski base." In addition, Lot 2 is indicated to be partially governed by the Vaii Village Master Plan, and is described as "mixed use." As no development is currently proposed, staff does not believe that this subdivision will conflict with development on adjacent land. In 1997, an application was made to the Community Development Department regarding amendments to the Vail Village Master Plan which would have involved placing the entire parcel within the purview of the Vail Village Master Plan. However, no action was taken on this proposal, and the application was subsequently withdrawn. In addition, the Vail Transportation Master plan identifiies this area (east end of Lot 2) as a potential centralized loading and delivery site. Staff does not believe that this proposed subdivision will conflict with the Vaii Transportation Master Plan, as no development is currently proposed. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: Staff does not believe that the proposed subdivision will have any negative impacts on the value of land in the Town of Vail. No changes are currently proposed on the site. Current uses of the lots include a dirt and gravel forest service access road, an asphalt-paved lot, and a dirt and gravel parking area. 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: As previously discussed, staff has completed an analysis of the minor subdivision proposal and finds that the application complies with the Town's ordinances. The current zoning designation insures that a harmonious, convenient and workable relationship among existing and potential land uses will be achieved. Should the owner propose development inconsistent with the ~Jatural Area Preservation Zone District, a re-zoning would be required. Design Workshop has reviewed the environmental impacts of the proposed subdivision, which is attached for reference. The requirement for an environmental impact report has been waived. As part of any proposed rezoning and development far these lots, a full Environmental Impact Report will be a required submittal item. In addition, any development proposal would be reviewed in consideration of all Town ordinances, including, but not limited to, the Vail Village Master Plan, Vail Land Use Plan, Vail Transportation Master Plan, Comprehensive Open Lands Plan, and the Zoning Regulations. The Town of Vail Comprehensive Upen Lands Plan identifies this site as a portion of "Parcel 27", As part of the Exchange Agreement, adopted by Resolution IVo. 3, Series of 1997, the Town of Vail acquired all but the lodge parcel portion of Parcel 27. In 1998,. the northwest portion was then sold to adjacent property owners and resubdivlded (Rockledge Subdivision). The southern portion was then deannexed in 1999_ The 'lodge parcel, which is the northern portion of Parcel 27 remained in the Town of Vail. The acquisition and 4 subsequent annexations and resubdivisions successfully fulfilled the Aciion flan of Parcel 27 of the Town of Vail Comprehensive Open Lands Plan. 5. To guide public and private policy and action in order to provide 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: As no development is proposed in can~unction with this subdivis6an, staff does not believe that the subdivision will have any effect on the provision of public services. The property is currently served by sanitary sewer, water, electric, anal gas. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision plat has been prepared in accordance with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds that the applicant has complied with the above-described criteria- 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 t© preserve the integrity, stability and beauty of the community and the value of the land. Staff Response: Staff believes the minor subdivision request complies with the above- described criteria. • 5 1)c~si~;t~ I~~url;sl'tutr. Inr- , i.~nti:i~.tltr .1n•hitro-iure l anti 1'huuton liuta'i.ttt I'lanrion_ r'lugust 31, ~f)fJ(l .ion;rthan tip`. Grcen~e Assi.til,rnl Development IVtanager Vail Resor~s U~velapment Co. PCB 1.3ox x)59 .van. C`0 g l {i20-09 ~ 4) i:~: 1'aicntial environmental impacts of proposed minor subdivision plan tar the Mill Creek l~uad Parcel l~lcar Jonathan. This letter is in regard to the proposed minar subdivision of the Mitl Creek Raad parcel, located due south of the existing Ledge at Vail parcel in Vail, Colorado. C7ur analysis of potential environmental impacts associated with the pra}aasad nrinur subdivision submitta[ is as falla.vs: General assessment llue to the i'act that this minor subdivision submittal does nat consist of any sped#ic development application, and does not seek any spec;itic zoning change ar develapment approval, there are no anticipated environmental impacts resulting tram the prapased submittal. Tn addition, given that this minor subdivision submittal does not consist of any speLitic dcvelopmenk application, and does not seek any specific ~:onin~; change or develapment appresvals, there are no anticipated additional burdens an any public infrastructure, such as, but nc?t limited to, sanitary sower, tivater, scorn) drainage, electricity, raadways, etc. Specific assessment Given the above generalised assessment, the following is a detailed breakdown al potential environmental impact issues that could result Pram any given project, and the anticipated in)pacts that could result from this minor subdivision. proposal. l . 14Q year Floodplain. Na anticipated impacts.`~a part of this site falls within a 1 fa0 year #7aadplain or t7.aodwa;~. VVetiand impacts, No atlticipatecl impacts. The prapased submittal does nat seek any develapment of any kind within wetland areas. • DESIGNWORKSHOP .lvalanche hazard. No anticipated impacts. ~l-he proposed submittal does nut Seek any development of~any kinii ~.vithin avalanche hazard areas. ~. Rncl;fall hacartl. '\o ~tntreipated impacts, The current Town of V'aiI hazard mappins~ rr~dicates a potential medium severity rockfalC zone above the property in question. Hotvcver, the proposed subnittal clues not include anv development that ~voulei create, or increase. anv rockfall hazard to any adjacent property. ~. Er~siun. No anticipated impacts. Whrle this property does contain some existin slopes in excess of ~() and -1i1 percent, this sul7mitta( does nut. include any proposed development that ~~~c~ulii result in any cupstable or erodible slopes. ~,. .air p~ollntion. No anticipated impacts. The proposed submittal does not include any developmment thak ~.vould create air pollution of any kind. ?. poise polIukiur~.:vl,~ anticipated imp;rcts. 'The proposed submittal does not include any development that vv~nuld create noise pollution o#'anv kind. ~, L,igltt p~llutiot-. Nu anticipated impacts. `1'he proposed submittal does not include any development that would create light pollution of any kind. 9. Parking irrrpacts. ]s;o antieipateci impacts. The proposed submittal does not include any development that would create any parking, or add to anv e:~istin? parking, ? tJ. Visua.l imparts. Flo anticipated impacts. The proposed subrr~ittal does not include any proposed above or below ~n-ade dc~-clapment, and therefore ~a-i11 have no visual impacts on surrounding properaies. l 1. Traffic mp.icts. 1\1o anticipated impacts. The proposed submittal does not include any development that. would create any additional traffic volume on aci~acent roadways. 13. Site access. 1^~Io anticipated impacts. The propasccl submittal does not include any development that would increase the existing ntunber of site access points onto tl~e property. l3. Draiina;e impacts. No anticipated impacts. The proposed submitta( does not include any development that would increase surface drainage off of the property. 1~3. infrastructure impacts. No arikieipated impacts. I'he proposed subrr3ittal does not include any development that would increase the burden on any public infrastructure, such as, but not limited to, sanitary sewer, water, storm drainage, electricity, roadways, etc. Furthermore, the property in question is currently served by existing sanitary sever, water, electrical, and ,gas infrastructure. C] CO1C~~~~1S~C~Ci Giv~°n t}~e ahrn-e findings, there arc: no anticipated esrvirrnmenta] inipacTs of any kind associated ~vit]-e the ]aa~tcntial approval of~tFie: prop~std r-ninor subdivision plan. t~`hcn aa~d if, at any point in tl,e future, tE1is property is considcrc:d for an actual develolment ss.alamittal, theac env'iror~rnental factors will ncec~ t~'r he re-evaluated. and miti~~ated irl light ofthat propos4d development. Please do not hesitate: tct contact LFS il~you have and, yucstions regarding the al~s)ve lindings. Sincerely, ~~~ r U•rti K. Ethan iVloore Associate • W P~ di r~r.°~O ~ ~~ ~~" ~~ ~=_:~ ^~' oc~ ~ ~' ~ j ~'~ ~- ~^~' ~?~ h~ ~ Z. d ~ .3 ~~~ a i ~ ~~ i ~ ~ i ~ rn ~: I ~ d r~ ~+ ~~~ r ~ el 1 ~ ' ~ I. ^~d ~1d.. ~' ~ I °} ~ + ` ~ ~ ~ b `~ ~' ~t ~ ~ c' I v ~ ;. ~ I ,~i ; ri ~~ - r ~ W. n ~ l ~1 .. .., Yr/I f, y`i .. 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C2.LViti FncsLUn.E 308-820-0600 ccalvin{a3faegre.com 303/820.Ode? ©ctober 3, 2aa0 Community Development Department BY ©VER~'VIGHT DELIVERY Town of Vail ?5 South Frontaee Raad West Vail, CO 81657 Re: Lodge at Vail Exchange Parcel Ladies and Gentlemen. We represent Jae and Ann Smead and Jared and Irene Drescher. w•ha awn condominium units 1, ?and 3 at One Vail Place and ~vha received notice of the hearing before the Planning and Environmental Commission of the Town of Vail an October 9, 20flQ, in connection with the property referred to above. One :~r mare of these owners expects to attend and speak at the hearing in person. Whether ar not. that is possible, the Dreschers and the Smeads want to be sure their concerns and objections are noted and considered. As we understand Vail Resorts' plans, they include not only the subdivision of the Exchange Parcel in preparation for development of a condominium/timeshare project, but also the construction of an underground parking facility and extensive grade changes in the area immediately south of The Lodge at Vail and the Lodge South Condominium, ar Lodge Tower. Both aspects of Vaii Resorts' plan will have s't©niticant adverse impacts an One Vail Place. The One Vail Place unit owners presently enjoy an unobstructed view of an aspen- farested hillside to the south-southwest. The proposed new project would replace this with a vertical urban streetscape. IYlare significantly, the prapased development would eliminate the public access road that provides the fine Vail Place owners with the ex~lzrsive means of vehicular access to their homes. To replace the existing access, Vail Resorts has suggested measures such as an underground tunnel leading hundreds of feet to the fine Vail Place parking area, or a serpentine route through the proposed new underground parking structure, The developer has promised to try to devise other alternatives. but unless and until. Vail Resorts has demonstrated an acceptable alternative method of providing secure, reliable and convenient access to One Vail Place, the Smeads and the Dreschers necessarily regard the proposed graiect as incompatible with their property rights and their interests in enjoying the use of Denver Minnea,pofis Des Moines London Frank~rert Community Development Department October 3, 2000 Page 2 their homes. They therefore oppose any municipal. approvals that would permit this project to go forward in its present form. Moreover, given the extensive scope of this project and the number of people affected by it, we do not believe the public interest is served by considering small portions of the development in isolation from the rest. Rather, action on all approvals should be deferred until the developer has provided the Commission with a complete description of its proposed actions and their consequences. Thank you far your consideration. Very truly yours, ._ ~ . Clx~irl~s D. Calvin CDC:calcd cc: Joe and ~ Srnead ~ Jared and Irene Drescher Porter Wharton III flrrvR c :ba i a26a6.o2 iar~oo s:ax p:~rt C~ • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: C3c#ober 9, 2000 SUBJECT: A request for a fnal review of a minor subdivision to allow for the reconfiguration and replatting of #wo existing lots and the rezoning of Lot 15, Bighorn Second Addition, from Two-Family PrimaryJSecondary Residential to Single Family residential, and Lot 16, Bighorn Second Addition, from Agriculture & Open Space to Natural Area Preservation lJistrict, located at 388613896 Lupine DrivelLots 15 & 16, Bighorn 2nd Addition. Applicant; Wilson Family Trust, represen#ed by Jay Tschirner, First Land Development, LLC Planner: George Ruther I. DESCRIPTIt]N OF TFlE RE(~UESTS The applicant, the Wilson Family Trusf, represented by Jay Tschimer, of First Land Development , LL.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. /~, MINDR SUBDIVISION The applicant is proposing a minor subdivision to resubdivide Lots 15 & 16 in the Bighorn Subdivision, Second Addition. These lots are located at 3886 and 3896 Lupine Drive. Lot 15 is currently 1.92 acres in size and Lot 16 is currently 2.89 acres in size. The total size of the area under consideration is 4.81 acres. The purpose of the minor subdivision is to create two new lots (15A & 15B}, each approximately'/~ acre in size and to establish Lot 16, a tract of land 3.8 acres in size, to be dedicated to a third party (i.e., TOV, USFS, Eagle Valley Land Trust}. In addition, it is now the in#ent of the applicant to convey the new lot 15 A to the Town of Vail or a land trust to be maintained as open space, The creation of the two reconfigured lots will be accomplished by vacating the existing property line between the existing Lats 15 & 16 and replatting two new property lines. A reduced copy of the proposed plat has been attached for reference. B. REZ©NING The applicant is proposing to rezone the newly crew#ed Lots 15 A/B & 16, Bighorn Subdivision, Second Addition. According to the Official lawn of Vail caning Map, Lat 15 is currently zoned Two-Family Primary/Secondary Residential and Lot 1ta is zoned 1 ~~ ~~ ~i TpWN 0~ YAii; Agricultural & Open Space. The applicant is proposing to rezone the newly created Lots 15A & 158 to Single-Family Residential and to rezane the newly created, undevelopable Lot 1f to Natural Area Preservation District. The effect of rezoning Lot 16 to Natura! Area Preservation is adown-zoning of property in the neighborhood. A complete analysis of >.he resulting development potential can be found in Section IV of this memorandum. II. STQFI= RECOMIIAENDATION A. MINOR SUBDIVISION The Community Development Department recommends approval of the request to resubdivide Lots 15 ~ 1±,, bighorn Subdivision, Second Addition. Staff's recommendation for approval is based upon the review of the criteria outlined in Section V of this memorandum. Specifically, staff finds that the request complies with the applicable criteria used in the evaluation of a minor subdivision request. Should the Planning & Environmental Commission choose to approve the minor subdivision request, s#aff recommends that the following conditions: That the applicant revises the plat, prior to recording with the Eagle County Clerk ~ Recarde~s ©ffice, removing all portions of the Red Snaw Avalanche hazard area from Lots 15A and 158. 2. That the applicant revises the plat, prior to recording with the Eagle County Clerk Recorder's Office„ so that the total aiiowabfe GRFA for the combined area of Lots 15A 8~ Lot 158 does ~~ot exceed 7,933 sq. ft. excluding credits. 3. That the applicant executes an agreement with the Town ofi Vail to convey the ownership of Lot 15A to the Town of Vail or a mutually agreed upon land trust and that a second private purchase agreement be executed between the applicant and Bill Stewart for the sum of ~1 f}~,{~00 to acquire Lot 15A prior to first reading of an ordinance to rezone Lots 15A & B and Lot 1fi. If the Town did no# acquire Lot 15 A, then the second private purchase agreement would be executed and Lot 15 A would remain as open space. 4. That the applicant demonstrate prior to design review board apprava! that any structure built on 15B can comply with both the Towns hazard regulations (i.e., not adversely impact private or public property) and design guidelines. 5. Since zoning is parcel based in the Town of Vail, approval of the subdivision should be conditioned on approval of the rezoning on second reading. B. REZONING The Community Development Department recommends approval of the request to rezane Lots 15A & B and Lot 16, Bighorn Subdivision, Second Addition, to Single-Family Residential and Natural Area Preservation. Staffs recommendation far approval is based upon the review of the criteria for a rezoning as outlined in Section VI of this memorandum. Specifically, staff believes that the proposed rezoning request will result in • an appropriate land use designation given the site consideration and that the proposed zoning is compatible with the goals and intent of the Vail Land Use Plan. Further, staff finds that the rezoning request and resulting development potential is compatible and consistent with the existing and potential uses in the vicinity and the Town of Vail Comprehensive Open Lands Plan. Specifically, staff tfnds that public access and a significant portion of the land can be preserved as open space in a cost effective manner, thus achieving the goal of the Comprehensive Open Lands Plan, 111. BACKGR©UNd The Bighorn Subdivision, Second Addition was pla#ted an July 22, 1983. The Board of County Commissioners of Eagle County approved the platting as the property was then under Eagle County jurisdiction. Lots 15 & 16 have remained in the current configuration since their original platting. The Bighom Subdivision, Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5, 1974. Upon 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. !n 1976, the Tawn of Vail contracted with Arthur I. Mears to complete a GeologicaNy 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 Tawn of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debr7s 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 got 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 an the warranty deed, dated September 1, 1972, prohibited habitable strut#ures from being built on Lot 16 for a period of twenty years (September 1, 1992). In 1978, the Town of Vail adapted Hazard Regulations. The purpose of the regulations is 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 scopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Tawn, 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 far relief in cleanup operations; to give notice to the public of certain areas within the Tawn where flood plains, avalanche paths and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. In 1986, the Vail Tawn Council 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 Iow-density residential designation is to provide sites for single-family detached • 3 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 far the use of residents of the Brea. Institutionallpublic uses permitted would include churches, fire sta#ians, and parks and open space related facilities. in 1994, the Vail Town Council adapted 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 fends for acquisition or protection; • 7o identify creative strategies to implement the acquisition and protection program; • To define a management system to appropriately manage Town-owned open space lands,. and; Ta tsuffer neighborhoods with open space. The Comprehensive Dpen Lands Plan is an action-oriented plan that identifies specific parcels ofi land that require some kind of action either far protection of sensitive lands, far 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 cri#eria 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. Wi#hin the 51 parcels, there are five priority areas made up of a number afi 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 opportuni#ies and provide better access to Gore Creek; • Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley 13rive. Ta date, the Town of Vail has taken action on over 40 of the 51 parcels identified for action in the i/Ian. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot 16, Bighorm Subdivision, Second Addition as "Parcel 41"' for implementation purposes. Parcel 41 is classified as a "High Priority", The high priority classification is based upon the Town's desire to acquire bath 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. S#rategies for protecting Parce! 41 include acquisition through a fee simple purchase, purchasing the development rights, andlor acquiring an access easement through the parcel. As a high priority classification, Parcel 41 meets both Leve! One and Level Two Evaluation criteria. Level One Evaluation focuses on meeting community needs relating to the natural resource system, the recreation system, trails system, and reserving lands far future civiclpublic uses. Level Two Evaluation focuses an the availability of the parcel utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cos#, unusual opportunity with a motivated seller, opportunity far trade with the USFS, low management requirements on the Tawn of Vail and low liability to the Town. In 1995, the Tawn.af Vail Community Development []apartment sent correspondence to the owner of Parcel 41 (Lot 16}. The purpose of the letter was #o gauge the level of interest of the property owner to sell Parcel 41 to the Town of Vail. The property owner expressed no interest and no further communica#ions have taken place. The Town of Vail has never made a formal 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 (TOVlUSFS), owned by Vail Associates and restricted as dedicated open space as part of the original subdivision, or owned in common by a homeowner's association and restricted as dedicated open space. Of the seven privately awned properties, three are legally platted subdivisions. One of the legally platted properties is Lot 16. The Town of Vail Zoning Cvde prescribes the land development regulations for 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 PrimarylSecondary Residential Chapter 8 -Agricultural & Open Space Chapter 21 -Hazard Regulations Copies of each of the cede sections listed above have been attached for reference. At the Planning & Environmental Commission worksession meeting on August 28, 2QD0, discussion arose regarding the development history of Lat 11, Bighorn Subdivision, Second Addition. Lot 11 is generally located to the north and west of Lots 15 & 15. The fvl[vwing is a summary of the information con#ained in the Tawn°s files: ^ There are three geologic hazard analysis reports in the file. Each report identifies the same geologic hazards an the si#e; high severity rack faH, debris flow, and blue snow avalanche. All three of the reports suggest possible and potential hazard mitigation measures; earth-built structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall protruding at least six feet above finish grade and "splitting wedges". A variance application far an avalanche mitigation wall was submitted to the Town of Vail. Qn May 10, 1982, the Planning & Environmental Commission held a public hearing to evaluate the variance request. The Commission's primary concern with the proposed mitigation wail was the potential negative impacts it may have an the adjoining lots. The Commission requested that asite-specific avalanche flaw path study be completed. A s#udy was never completed and the applicant subsequently withdrew the request, • , IV. Zf]NING ANALYSIS The purpose of the Zoning Analysis is #o provide a written comparison of the existing development rights of Lo#s 15 & 16. The analysis also provides a comparison of the lot sizes, allowable GRFA, and geologic hazards associated with other properties in the same neighborhood. LQT 15, BIGHQRN 5UE3®IVISICJN, SECOND ADf31TIGN EXISTING PROPOSED {Two Family Primary/Secondary Residential) {Single-Family Residen#ial) Lot Size: 83,653 sq. ft_ 1.5A 20,887 sq. ft. 15B 2$,565 sq.ft. Density: 2 DU + 1 Type II EHU 1 DU ~ 1 Type I1 EHUILot GRFA: 7,933 sq, ft. + 500 sq. ft. (EHU} 15A 4,388 sq. ft. + 500 sq. ft. EHU 15B 5,155 sq. ft. + 500 sq. ft. EHU Site Coverage: 16,731 sq. ft. 15A 4,070 sq. ft. X20°l0) 15B 4,537 sq, ft. Setbacks: Front -20 ft. Same Sides-15 ft. Rear- 15ft. Landscape Area: 50,192 sq. ft. 15A 12,212 sq. ft. (60%} 1513 13,610 sq. ft. Building Height: 33' maximum Same NgTE: The existing Lot 15 is significantly encumbered by the Red Snow Avalanche traaard rendering much of th@ lot u ndevelopable. The buildable area of Lot 15 is approximately ~,1g0 sq. ft. LC}T 16, BIGH(7RN SUBDIVISI[?N , SEGQNC# ADDlTIQN EXISTING PROPOSED (Agriculture 8~ Open Space) {l~laturai Area Preserva#ion) Lot Size: 125,797 sq. ft. 159,990 sq. f#. Density: 1 DU + 1 Type !I EHU 0 DU GRFA: 2,000 sq. ft. } 500 sq. ft. (EHU} 0 Site Coverage: 8,289 sq, ft. 0 ~5°~9) e • Setbacks: Front -~0 ft. NIA Sides-15 ft. Rear- 15ft. Landscape Area: NlA Same Building Height: ~3' maximum 0 NOTE: The f~atural Area Preservation Zone District has no development potential with. the excepfion of parking areas, equestrian trails accessing the USFS trail system. interpretative nature walks, paved and unpaved bicycle and pedestrian paths, picnic tables and informal seating areas. V. MINOR SUBDIVISION CRITERIA A basic premise of subdivision regulations is that the minimum standards for the creation of a new lot(s) mus# be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. A. The first set of criteria to be considered by the Planning and Enuironmental Commission for a Minor Subdivision application is: Lot Area: According to Section 12-66-5 of the Town of Vail Zoning Regulations, the minimum lot or site size in the Single-Family Residential District is12,500 sq. ft. of buildable area. There is no minimum lot size for the Natural Area Preservation District. Staff Response: Each of the proposed lots (15A, 15B, 16) comply with the minimum lot area requirements of the respective zone districts Frontage: According to Section 12-68-5 of the Town of Vail Regulations, each lot in the Single-Family Residential District shall have a minimum of 30 feet of street frontage. There is no minimum street frontage requirement for the Natural Area Preservation District. Staff Response: Each of the proposed lets (15A, 158, 16) comply with the minimum frontage requirements. This is a change from the original application. The applicant is now proposing to establish street frontage for Lot 16. Previously, the applicant had proposed a 12-foot access easement for accessing the wa#erfall area. Dimension: According to Section 12-68-5 of the Tawn of Vail Regulations, each lot in the Single-Family Residential District shall be of a size and shape capable of enclosing a square area 80 feet on each side within its boundaries. There are no size and shape requirements in the Natural Area Preservation District. Staff Response: The size and shape of Lots 15A & 158 comply with the minimum size and shape requirements. • , B. The second set of criteria to be considered wi#h a Minor Subdivision application, as outlined in the subdivision regulations, is: The burden of proof shall rest wifh 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 Environments! Commission deems applicable. Due consideration steal! be given t© the recommendations made by public agencies, utility companies and other agencies consulted under subsection 93-3-3C. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densifies proposed, regulations, ordinances and resalufions and ether applicable documents, environmental integrify and compatibility with the surrounding land uses and otherappiicable documents, effects cn 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 and extent of improvements required. S>faff Response: Staff has reviewed the minor subdivision for compliance with the applicable evaluation criteria. Upon the completion of our review the staff finds that the proposed resubdivision of Lots i5 & 16, Bighorn Subdivision, Second Additron complies with the subdivision criteria. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Staff Response: The Vail Land Use Plan identifies Lats15 & 16 as areas for "low density residential" development. According to the Vail Land Use Plan, the purpose of the "Iow density residential" designation is to provide sites for single-family detached homes and two-family dwelling units. The density of development within this category would typically not exceed 3 structures per buildable acre. Buildable area is detlned as that area of a lot outside the 100-year floodpiain, red snow avalanche areas and slopes less than 40°/a.. Lo#s 15 & i6 are the last to#s to be developed in the area. aver the years, the Bighorn Subdivision, First and Second Additions have been developed in concert with the Vail Land Use Plan as residential neighb©rhoods. The area has been zoned for single-family and two-family primarylsecondary residential development. A majority of the lots in the two subdivisions, as well as within much of East Vail, are within geologic hazard zones. Of the twenty-nine lots most immediate to Lots 15 & 16, all are located within a geologic hazard zone (high severity rockfall), twenty-four are impacted by snow avalanche hazard, and twenty-one are influenced by debris flow hazards. Most importantly, however, al! development on these lots is governed by the adopted Hazard Regulations in the Town of Vail Zoning Regulations. a • 3. To protec# and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: Staff does not believe that the minor subdivision of Lots 15 &16, Bighorn Subdivision. Second Addition will have any negative impacts on the value of land in the Town of Vail. Further, with the implementation of the Hazard Regulations as stated in the Vail Town Cade, staff believes that the value of any buildings or improvements on Lot 15A & B or the value of any existing or potential buildings or improvements in the vicinity of the lots will be protected and conserved. 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: As previously discussed, the staff has completed an analysis of the minor subdivision proposal and finds that the application complies with the Town's ordinances. The proposed minor subdivision and subsequent use of Lots 15A ~ B for residential development and the preservation of Lot 16 in a more restrictive configuration and zoning designation insures that a harmonious, convenient and workable relationship among existing and potential land uses wilt be achieved. Staff would recommend, however, that the applicant amend the proposed lot lines for Lot 15B to remove all portions of the Red Snow Avalanche area from the lot. Staff believes that the minor subdivision furthers the development objectives of the Town. Cane of the goals of subdivision regulations is to insure the reasonable and appropriate development of land. Lots 15 & 16 were originally subdivided in 1963 under Eagle County jurisdiction. In 1963, there were no regulations in place prohibiting the subdivision of land in geologic hazard areas. Given the current regulations, it is likely that neither Lot 15 or 16, nor most of the other fats in the Bighorn Subdivision, First and Second Additions, could be platted today in the Town of Vail Staff believes that this minor subdivisian request is an opportunity to improve the current platted situation and remove those portions of existing Lot 15 ~& 16 impacted by geologic hazards from development potential 5. To guide public and private policy and action in order to provide 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: The Town of Vail Comprehensive Open Lands Plan identifies a public purpose and recreational need of Lot16 (Parcel 41), Bighorn Subdivision, Second Addition.. Staff finds that while the proposed minor subdivision does not convey all of the existing Lot 16 ko the Town of Vail, it does accomplish the goals and interests expressed in the plan. The goal and interests expressed in the plan for Lot 16 are providing access to the waterfall and adjoining pubic (USES) land and restricting development in the red snow avalanche area. The proposed subdivision, with the revised lot lines, establishes fee simple ownership of a piece of land connecting to the public street. This piece of Lot 16 will provide recreational access to the waterfall. • s 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable cons#ruction design standards and procedures. Staff Response: The proposed minor subdivision plat has been prepared in accordance with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds that the applicant has complied with the above-described criteria. 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 beau#y of the community and the value of the land. Staff Response: Staff believes the minor subdivision request complies with the above- described criteria. V1. REZONING CRITERIA The Planning & Environmental Gommissian shall make the following 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 Response: Staff does not believe that existing zoning an Lots 15 & 16 is suitable with the existing land use. Staff believes that a more appropriate zoning designation for the majority of the site area is Natural Area Preservation. The portion of the site that is currently zoned for development is the area that is most inappropriate for development (Lot 15}. Staff does believe, however, that the existing and potential land uses surrounding the site are appropriate and reasonable (residential) and in compliance with the Vail Land Use Plan. Staff also believes that if the intent of the Comprehensive ©pen Lands Plan, with regard to Parcel 41 {Lot16}, is to preserve and protect the waterfall and prevent residential development in the red snow avalanche area, then the proposed rezoning accomplishes this goal. A visit to the site has determined that the waterfall is located on Lot 15 not Lot 16. Staff believes that. the mast appropriate zoning designation for the waterfall and immediate is Natural Area Preservation. 2) !s the amendment preventing a convenient workable relationship with land uses consistent with municipal objectives? Staff Response: Staff believes that the proposed amendment to rezone fhe two lots will not prevent a convenient workable relationship with land uses consistent with municipal objectives. The Vaii Land Use Plan designates the two lots as "low density residential". The Town of Vail Comprehensive Open Lands Plan identifies Parcel 41as a high priority acquisition- Staff believes that when the goals of these two plans are combined and looked at collectively, the minor subdivision and rezoning reques#s results in compliance with the Towns development objectives. 10 e _ 3) Daes the rezoning provide for the growth of an orderly viable community? Staff Response: Staff believes that the rezoning request provides for the growth of an orderly, viable community. One of the goals of the Vail Land Use Plan is to provide for additional growth in existing developed areas (infill). The sizes of the buildings that would be permitted on Lots 15A ~ B would be consistent with the sizes of the existing homes in the neighborhood. The average amount of allowable GR)=A in the Bighorn Subdivision„ First and Second Pilings, is approximately 6,667 sq. f#. The average lot size is nearly 28,x00 sq. ft. 4) Is the change consistent with the Land Use Plan? Staff Resparese: Chapter II of the Vai! Land Use Plan outlines numerous goals and policies for the development of land in the Town. The goals 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 Growth/Development 1.1 Vaii should continue to grow in a con#rolled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent residen#. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.7 lVew 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 6.1 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. 11 ~~~ s ~ ~~; ~Q~N SLL ~ t 3 ~ ~_ ~ a ~$ ' 1L'. ~ ~ Ci a -o , S~ rn ~~ Ft O ~ ~ tl~ n N Q Z '~ b,.trA,a n n ~+ a. 7', 0. & ~ 2 ,c d~cr~~ r _ x ~;n. ~ o r` oaC~ngi aG^~i~ ~ ~ xa~tam~ ,~ g Y J C7 {/ {~ ^U ~~ ~'"' ,~-+ ~_ ---~ {~ ~„~ ~ ~ ~~ ~ ~ ~ ~~ ~~ T~ f~i~ ~`'`' fC5 ~ ~~ya f Y~~~~~ ~ ..~t4*1 ~, I 1 ~t2,P , .phi ~~f 6'f' , ~Sta 9 ~'(r~d ~ ~~~~~ ~~~ e`er . 'l O~yA'W,a,, ~~y~ t p0~ "~~Q~ ~^ xr m _; _.P .~ .ryg A~ ~~ a z ~' Eq ~M ~~ r; ~~ S~ 1s T 6"s~ y w Q .~ w ~ 4 n-cb ~7 ~ n m ~~ "' ~~ ~~ ~° ~ ~ ° E r ` ~-G, ~ C7 ~ J lu/u5.+uu '1'!fU 14:5 b:~ 1 7b7 fi55 19tl5 S'fEWAI2TS ~lOQ2 ' ~.1. S~euiar•t 9?Ll-476-8354 fir. 1 • rirE~•>EO~.rrnar~vlr • ~~~. TO: FROM. SiJB.TECT: t~tober ~. 70Q~ l'!anning end Entironc~r~[al Cvmmissipn, Bill, `Tana and 1~+rendv Stewart LQt ~ 5, 16 Bi~hprn Subditi~sivn, 2"~ Addition We aze writing to express ow supper[ 4f the new prapn~al f©r devclap~ent of this parcel. of property. We belie .•e that the single building enveIapcon ~.at 1 SA accomplishes s~rer81 key objectives l j 4.2 acres of ripen space is ttchie~'ed ~wrh full view/access i0 the waterfall, 2) the ]and will be ~R ~-as_is"_ not a park, 3}no exs~tita}~ residence hays incre~d, h~ d cauditions. 4) seihaclrs and location preserve as much viiew as passible feyr current L.~~)-mees. g r N This cvrnprvi>~ise been ~li~"icztli f^r lxah the rie~i~;ttboxs acid t1rC developer, but repx`esesaiws a ~uti.•in-win for all. d T x~u, ~ ~~~ • lUf y t 78b 18tl5 W.5tewart M~I4RA.NDUM • 97a-~47f~ ~Ei3S4 I?r4,TE' Uctaber 3, 2(lQa ~i. T4: Plaur~iag and' lrnvironn~tal Cn......~.,:bn FROM: Bill, Tana and Weadv Srcwar# SUEC'T: Ldt lS, l6 Bighorn Sul~livn, 2"'~Additit~n We are r~.:ti:,..g to express aw s~,,,,,rt ofthr new r,..t.asal far devekspac~ut ofthtis lsarcei ofpsc~gerty. We he}ietie that the single bira3dirtg envelope as Lvt lSA accon~tishes srversl key ob~eectives 1 j 4.2 acres of apest sTaee i,9 achieved with full viewr/~ to the waterfa)t, 2) the Ianldl will be lcl} "as-is'", not a p~~c, 3)r~ existing . _,,:lence has ine~d l1aew~ Gataditior~.s, 4) ~'cbaieics and lc~tatinn preserve as xt~ch view as possible fur current rrsidsn~ces_ This cc~....~1; ~~.,,:.,;. l~s been ciii~cut[ far both the rsesgtibors a~ the developer, btu . ~r.:,wents a vtnt~wia for all. Thank You, _ ~ fir' ~!,~,~~ • p- 1 ~' ~. ~ ~ C A p ~' : 'Q d1x g •ti ~.. ~ ~ ' ~ 4~ V a .. ~ °' ._ d E R ~ ~, '~ s ~ ~ ,~ 3 a W a .~ ~s ati v `~ .~ ~ ti ti v ~ ~~ .y 'a ~~ r. ^~ i~ 0 -C Q +' ~.. ~ ~ .r 0 ~~ ti S'' ~` tl `"4> d ~~ ;~ a ~~ C7 43 ~ ~ W~ m ~ ~~ ^~ F'r"'~ i~ .~ ~~'~'l ~~ c`~ W a~ H i^.1 i.+~l ,`06 ~; 'c~ ~3 ci c $ ~ c~ ~ is ~ ~ p ~ ?e ~ ~ ~ ~a a-~~~ ~~v~,~~~ ~~a ~~~~~ ~ ~ t+c`i C ~ •- ee ~ y ~ N _~ ~_~ C p F C ~ O C ~ G ~ tea t ~ ~ at dpi ~ c ~ P c ~'~ s, 3 w ,,,; c c a y rte. ~~~ °3 0 r 3 " ~ ': `'~ o ;! ~ r v ~ ur] = .c a +-~ m v~$.+ t w ~~t-via ~~~~~~~~~e~~3` ~.~e~4~~E~ V - 7 m w~ w a .~' e.S -p u tSj i.w Ct$ ~ . ~+ ~.u-~ a ~' ~ Q' a.~ ~ ca ~-' "G a~ ~~ -~ Approved 10/23/00 PLANNING AND ENVIRONMENTAL COMMISSION r October 9, 2000 Minu#es MEMBERS PRESENT: Galen Aasland Chas Bernhardt John Schofield Diane Golden Brian Doyan Tom Weber Public Hearincfi MEMBERS ABSENT: Doug Cahill Galen Aasland called the meeting to order at 2:20 2:00 p.m. A request for a minor subdivision of Lot 2, Section 8, Township 5 South, Range 8Q West of the Sixth Principal Meridian, informally known as the Lodge at Vail Exchange Parcel, to allow far the creation of Lot 1 & Lot 2, Mill Creek Subdivision, generally located South of 174 Gare Creek Drive. Applicant: The Vail Corporation Planner: Allison Ochs Allison (Jchs gave an overview of the staff memo. Fuss Forrest explained that the application was in front of the PEC at this time to only address the exemptions from Amendment 24. Galen Aasland asked if the applicant had any comments. There was na applicant comment. Galen Aasland asked ifi there was any public comment. Jahn Ounn, representing Luann Wells and same other owners of One Vail Place, stated that there were concerns with the big picture that were not spelled out with just the subdivision application that was in front of the PEC today. He said the subdivision was in a medium severity rockfall zone wi#h slopes of 30-40°/a and there were parts intended far time-share. He said the adjacent property owners would like to recommend tabling this, so this application could be park of the overall application for the development of the property. He said they would like to add an additional condition that would not waive the future requirement for hazard regulations. Allison Ochs explained that the rockfall zone was above this parcel and an Environmental Impact Report would be required for future development. Joe Smead , a resident of One Vail Place, summarized his concerns being the overall outcome of what their view would be and also access to their parking. He said this would diminish their property values. He said they did not oppose the project; but would like to see what Vaii Resorts is planning to do. He then said that his attorney sent a letter. The PEC asked for copies of the letter. Russ Forrest asked if the PEC would like clarification of the project at this time.. Planning and Environmental Commission Minutes Octflber 9, 2000 STAFF PRESENT: Russ Forrest George Ruther Allison Ochs Judy Rodriguez APP~o~~d ~ a~a~rao Galen Aasland asked the PEC if they would like clarification at this time and they said no. John Schofield said, as proposed, this subdivision was innocuous and he said an approval would allow a platted piece of paper going to the county. He said any development would require more public hearings and so at this point in time, he had no problem. Diane Golden agreed with John. Tom Weber asked about the criteria far a minor subdivision. Allison Ochs explained the criteria. Tam Weber said this met the criteria stated.. Brian i]oyan agreed with his fellow commissioners and said the PEC had plenty of teeth far any future development and there was na reason to deny the application as it stood now. Chas Bernhardt said as this proposal stands, he had no objection. Galen Aasland said he agreed with his fellow commissioners. He said the applicant had every right to ask for this at this time and he concurred with this at this time. Jahn Schofield made a motion far approval, in accordance with the staff memo. Brian Doyon seconded the motion. The motion passed by a vote of 6-{~. 2. A request for a final review far a minor subdivision to allow for the reconfiguration and replotting of two existing lots located at 388613896 Lupine DrivelLots 15 & 1fi, Bighorn 2"`' Additions Applicant: Wilson Family Trust, represented by Jay Tschimer, First Land Development, Lf_C Planner: George Ruther Galen Aasland said this was being changed to a warksession. George Ruther gave an overview of the staff memo and said that condition 2 and 3 in the staff memo would have a kanguage change. He said that all other conditions in the staff memo would remain the same and this would be back before the PEC the first meeting in November. Russ Forrest explained the most recent submittal by the applicant in the memo. Galen Aasland said the drawing in the memo did not show what was currently going on. George Ruther explained that this was a worksessivn. Galen Aasland asked if the applicant had anything to add. Jay Tschimer explained the site plan and said he was here today to answer questions. Galen Aasland asked for any public comment. PEanning and En~rirnnrnental Commission Minutes actober s, ~aaa Appraued 10123lGO .~ Claudia Delude, owner of 3916 Lupine Drive, requested that this be tabled, as there was another initiative between the community to make this open space and therefore this would need to be tabled to make this happen. George Ruther summarized that the discussions today would be detrimental to the initiative. Galen Aasland said there was no interest from the commissioners to table this. Claudia Delude gave the zoning of adjacent lots surrounding the application with the purchase dates. She said this was open to a lot of litigation and a losing situation to a lot of the parties. She said it was the tale of the Town to enforce the code and not tv change the zoning. Galen Aasland asked if up to this paint there was a properly signed application. George Ruther said, yes. Wendy Stewart, an adjacent property owner, said the built out lot should be on Claudia's side. Jay Tschirner said he was interviewed by Randy Wierbck from the Vail Daily an I/riday, October 7`h and said there were some inaccuracies in the article. Ne said he agreed to a purchase contract from the Eagle Vail Land Trust and he was interested in formulating a resolution. Brad Udall Eagle Valley Land Trust said they were in a contract to buy the parcel outright on both Lots 15 and 16. He said that Mr, N1cLauren received a letter today regarding the agreement with the understanding that only 1-3 parking spaces be allowed. He said there was a deadline of March 1, 2001 for the deal to go through. Tam Weber said he would reserve his discussion an this site plan. Russ Forrest said this should be discussed today., in case they could not come to an agreement. George Ruther said the staff memo was accurate with the site plan today. Galen Aasland said the changes from the previous two worksessions were not in this memo. George Ruther said that was not true and explained the changes in this memo. Russ Fon-est said if this was acted an this today, 15A would be protected in open space and 156 would be the only developable portion for a primarylsecondary unit with 15A coming back far a rezoning. Ffe said the other alternative was the partnership with the Eagle Valley Land Trust and the Town of Vail which would need to go before the Council. George Ruther explained the development potential. Tom Weber asked if 15A would become a platted open space. He said to go ahead and have a deeded access that would not encumber the applicant. He asked if the development rights would not have plat restrictions. George Ruther said he was working with Tam Moorhead with no development being allowed an Lot 15 A. He explained a structure of about 3,400 sq. f#. an Lot 158. Claudia Delude asked for a square footage number an the house. George Ruther said 5;000 sq. ft. would be allowed. Wendy Stewart explained why no structure should be put on Lot 15A, because an avalanche would come into her home. Planning and >~ntiranmental Commission Mina#es October 9, 200 Approved 10123100 .. Brian Doyon thanked 1 S' Land Development for walking away from a beautiful piece of land. He said the Land Trust contract would be an uphill battle. He said he would Pike to see an access easement #hrough 15A and would like a larger easement towards Claudia°s and Stewart's to#, so that they would not be infringing an either property in order to try to make everyone happy. He would like to see it centered more, so that neither property to the north ar south would be impacted and the size should be limited to 4,2©0 sq. ft. George Ruttier said one of the conversations with the applicant and neighbors was to plat a building envelope on 15B which would better define the area. Brian Doyon said to treat the neighborhood equally. George Ruttier said, according to a geologist, the further you move the house from the center path the less impact to adjacent properties from an avalanche. Chas Bernhardt said that what the applicant wants to put in this was a whale lot of density which was allowed. Claudia Delude said the original zoning was on Lot 15A.. She asked if the PEC could help us get to the point of open space. Chas Bernhardt said the current owner has development rights. Claudia Delude said by Friday there would be a lawsuit. Neal Muncaster said the win-win situation would be the Eagle Land Trust buy-out. John Schofield advised Claudia to get in nine and take a number, as this Board doesn't take threats. He said the owner and developer are giving up a lot of development rights. He said with a little bit of tweaking, this wanks, but would rather see this in its final form. He said all the parties need to get their act together. He said from his paint of view this should be fine and we don't need to see this again until it's final. Diane Golden said Mr. Tschimer was really going out of this way to make this wank. She said she understood Ms. Delude's concerns, but her inclination would be to approve this. Galen Aasland said the best situation would be for Mr. Tschimer and Mr. Udall to came to an agreement. He said he had a concern with Condition #3, as being quid quo pro with a price tag. He said he would like to see the final application, as this was acceptable to him. Tom Weber said once we start dictating where a building would have to go we need to back that request up with a hazard report. George Ruttier explained the procedure before the Geologic Engineer steps in. ~. A request for a minor subdivision of the property formerly known as the Tennis Court site and Lionshead Skier Run-Out, now proposed to be called the Forest Road Parcel, located at 615 Forest Road/tJnplatted. Applicant: The Vail Corporation f fanner: Brent WiISOn TABLED UNTiL QCTC}BER 23, 2Q00 • Planning and Environmental Commission 4 Minutes OctaE~er 9, 2000 Approved 10!23100 4. A request for a final review of a conditional use permit, to allow for the construction of Phase I of Donovan Park improvements, generally located southeast of the intersection of Matterhorn Circle and the South Frontage Raad. ..> Applicant: Town of Vail Planner; George Rather TABLED UNTIL OCTQBER 23, 2000 5. A request for a minor amendment to an approved development plan (SOD #35}, to allow for a reduction in the number of parking spaces (and the conversion of these spaces into common s#orage} at the Austria Haus parking garage, located at 242 East Meadow DrivelA part of Tract C, Vail Village 1~` Filing. Applicant: Austria Haas Cando Association Planner: George Rather TABLED UNTIL NOVEMBER 13, 2000 6. A request for a minor subdivision, to allow for the creation of a new parcel located at 177$ Vaii Valley Drive / a currently unplatted tract of land within Section 9, Township ~ South, Range SO West of the 6"' P.M. directly north of Lot 3, Sunburst Filing 3 within the Vail Golf Course. Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson TABLED UNT1L. NOVEMBER 13, 2000 7. A request for a minor subdivision, to allow for the vacation of lot lines, located at Lots 1-~4, Block H, Vail dos Schone iriling 2. Applicant: Town of Vail, represented by Nina Timm Planner: Allison Ochs TABLED UNTIL NOVEMBER 13, 24}00 Tom Weber made a rnotian to table the items 3 and 4 to October 23, 2000 and 5,6, and 7 to November 13, 2000. Chas Bernhardt seconded the motion. The motion passed by a vote of 6-0. 8. Approval of September 25, 200© minutes Diane Golden made a motion to approve the amended minutes, John Schofield seconded the motion. The motion passed by a vote of 5-0-'! ,with Brian Doyon abstaining. 9. Information Update Brent Wilson explained, for future reference, the format for tabling items. Planning and Environmental Commission Minutes October 9, 2000 Approved 10f231©0 Allison Ochs explained the t9rban Wildland Interface Code and said this was aheads-up for getting some comments later on. Brent Wilson gave aheads-up, regarding the joint waricsession with the Town Council and DRB scheduled for Tuesday October 24'h at 2pm with a possibility for discussion for the 1/111 Italian Wing 96' high proposal. George Ruther gave an update on the JP O'Brien appeal. He said the Council found it materially injurious with a vote of 4-3, with Ludy, Rod and Greg in favor of the variance and opposed to overturning it. John Schofield made a motion to adjourn. Tom Weber seconded the motion. The meeting adjourned at 3:20pm • Planning and Environmental Commission Minutes October 9, 2Cldo