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HomeMy WebLinkAbout2001-0611 PEC~,~~- THIS ITEM MAY AFFECT YOUR PROPERTY ~_'. PUBLIC NOTICE ~ ; `~ ~' ~~`~ ~~'~ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of k ~ ~~ Vail will hold a public hearing in accordance with Section 12-3-E of the Municipal Cade of the i ~`' Town of Vaol on June 11, 2©Q1, at 2:r~0 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a variance from Section 1~-fiD-6 Setbacks), Vail Town Code, to allow for the construction of a garage within the required front setback, located at 1958 Gore Creek Drive ! Lot 45, Vail Village West Fining #2. Applicant: David Irwin. Planner: Ann K~erulf A request for a minor subdivision and a variance firom Section 12-6D-5 of the Town Code, to allow for the resubdivision of Lot 1, Strauss Subdivision, a resubdivision of Lots 4E & 47, Vaii Village West Filing No. 2, re-creating Lots 46 & 47, located at 191E & 1936 West Gore Creek Drive. Applicant.: Pat Dauphinais, representing Richard Strauss Planner: Allison Ochs A request far the review of a proposed text amendment to Chapter 11, Design Review, of the Zoning Regulations to allow for procedural changes to the performance bond process as prescribed in the Vail Town Code. Applicant: Town of Vail Planner: George Ruther A request for a conditional use permit, to allow for the construction of an athletic field, located at E10 N. Frontage Rd. Westl A portion of Tract C, Vail Potato Patch. A full metes & bounds legal description is available at the Department of Community Development. Applicant: Town of Vail Planner: Allison Ochs A request for a conditional use permit, to allow for the consofdation of 2 units within the CC2 Zone District, located at 126 Willow Bridge RoadlLot K, Block 5E, Vail Village 1~' Filing. Applicant: Henry Anthony Ittleson, represented by K.H. Webb Archi#ects. Planner: Allison Ochs A request for a conditional use permit, to allow for a seasonal structure within the Lionshead Mixed Use 1 Zone District, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3r° Filing and Lots C & D, Morcus Subdivision. Applicant: Vail Marriott Planner: Allison Ochs A request for a variance from Section 12-6D-9 (Site Coverage), Vaii Town Code, to allow for the construction of an addition to asingle-family residence, located at 1115 Homsilver Circle l Lot 8, Block 1, Vail Village 8"' Filing. Applicant: Caryl Collins, represented by Arris West Architects, PC Planner: Bill Gibson .+ TOWN OF Y~IL A request for a minor subdivision, to allow for the correction of errors in the platting of Tract J, Vail Village First Filing, located at Vail Interfaith Chapel, 19 Vail Road /Tract J, Block 7, Vail Village First Filing. ' Applicant: Town of Vail Planner; Brent Wilson A request for a work session to discuss amending certain residen#ial zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planner: George Ruttier A review of a staff decision regarding a request for a minor amendment to the approved developmen# plan for the Golden Peak Ski Base, to allow for the expansion of the Wreck Room Restaurant and Passport Club, located at 498 Vail Valley DrivelTract F, Vail Village 5th Filing.. Applicant: Golden Peak Ski Base Planner: Ann ISjerulf The applications and information about the proposals are available for public inspection during regular office hours in the project planners office, located at the Town of Vaii Community Development Departments 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 for the Hearing Impaired, for information. Community Development Department Published May 25, 2001 in the Vail Trail. • • • 2 • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, June 11, 20D1 PROJECT ORIENTATION I -Community Development Dept. PUBLIC INELCOMI= MEMBERS PRESENT Site Visits 1. Vaii Marriott - 715 West Lionshead Circle 2. Collins residence - 1115 Homsilver Circle Driver: George A G~~~~4Fo 12:00 pm 1:15 pm l.3 NOTE: If the PEC hearing extends until 6:t10 p.m., the board may break for dinner from 6:QIJ - 6:3Q Public Heariina -lawn Council Chambers 2:00 pm A report of a staff decision, approving a minor amendment to the approved development plan for the Golden Peak Ski Base, allowing for the expansion of the Wreck Room Restaurant and Passport Club, located at 498 Vaii Valley DrivelTract F, Vail Village $xn Filing. Applicant: Golden Peak Ski Base Planner: Ann Kjerulf 2. A request for a conditional use permit, to allow far the construction of an athletic field, located at fi10 N. Frontage Rd. Westl A portion of Tract C, Vaii Potato Patch. A full metes & bounds legal description is available at the Department of Community Development. Applicant: Town of Vail Planner: Allison Ochs 3. A request for the review of a proposed text amendment to Chapter 11, Design Review, of the Zoning Regulations to allow for procedural changes to the performance bond process as prescribed in the Vail Town Code. Applicant: Town of Vail Planner: George RutherlRussell Forrest 5. A request for a minor subdivision and a variance from Section 12-8D-5 of the Town Code, to allow for the resubdivision of Lat 1, Strauss Subdivision, a resubdivision of Lots 46 & 47, Vail Village Wes# Filing No. 2, re-creating Lots 46 & 47, located at 1915 & 193fi West Gore Creek Drive. Applicant: Pat Dauphinais, representing Richard Strauss Planner: Allison Ochs • MEMBERS ABSENT ,. Tff9VN 0>R YAIL 6. A request for a conditional use permit, to allow for the consolidation of 2 units within the CC2 Zane District, located at 126 Willow Bridge RoadlLot K, Block 5E, Vail Village 15t Filing. Applicant: Henry Anthony lttleson, represented by K.H. Webb Archi#ects. Planner. Allison Ochs 7. A request far a conditional use permi#, to allow for a seasonal structure within the Lionshead Mixed Use 1 Zone District, located a# 715 West Lionshead CirclelLots 4 & 7, Block 1, Vail Lionshead 3`~ Filing and Lots C ~ D, Morcus Subdivision. Applicant: Vail Marriott Planner: Allison Ochs 8. A request far a variance from Section 12-6D-9 (site Coverage), Vail Town Code, to allow fior the construction of an addition to asingle-family residence, located at 1115 Hornsilver Circle / Lot 8, Block 1, Vail Village 8'h Filing. Applicant: Carol Collins, represented by Arris West Architects, PG Planner: Bill Gibson 9, A request for a minor subdivision, to allow for the correction of errors in the plat#ing of Tract J, Vail Village First Filing, located at Vail Interfaith Chapel, 19 Vail Road /Tract J, Block 7, Vail Village First Filing. Applicant: Town of Vail Planner: Brent Wilson 10. A request for a work session to discuss amending certain residential zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planners George Ruther TABLED UNTIL JUNE 25, 2001 11. A request for a variance from Section 12-6D-6 (Setbacks), Vail Town Code, to allow for the construction of a garage within the required front setback, located at 1956 Gore Creek Drive I Lot 45, Vail Village West Filing #2. Applicant: David Irwin Planner; Ann Kjerulf TAEiLED UNTIL JUNE 25, 2001 11. Approval of May 14, 2001 minutes 12, Information Update • June 19~`" roa~ng materials discussion with the PEC, Town Council & DRB. The applications and informs#ion 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. 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, far information. Community Development Department Published June 8, 2001 in the Vail Trail. PLANNING AND ENVIRONMENTAL COMMISSI©N C • PUBLIC MEETING RESULTS Monday, June 11, 2001 PROJECT ORIENTATION 1-Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden John Schofield Doug Cahill Dick Cleveland Site Visits MEMBI=RS ABSENT Brian Dayon 1. Vail Marriott - 715 West Lianshead Circle 2. Collins residence - 1115 Hornsilver Circle Driver: George ~~ NOTE: If the PEC hearing extends until 0:00 p.m Public Hearinq -Town Council Chambers 2:DD pm A report of a staff decision, approving a minor amendment to the approved development plan for the Golden Peak Ski Base, allowing for the expansion of the Wreck Room Restaurant and Passport Club, located at 498 Vail Valley DrivefTract F, Vai6 Village 5~h Filing. Applicant: Golden Peak Ski Base Planner: Ann Kerulf STAFF DECISION UPHELD 2. A request for a conditional use permit, to allow for the construction of an athletic field, located at 610 N. Frontage Rd. West! A portion of Tract C, Vail Potato Patch. A fu11 metes bounds legal descriptian is available at the Department of Community Development. Applicant: Town of Vail Planner: Allison Ochs TABLED TO JUNE 2S, 2DD1 • 3. A request for the review of a proposed text amendment to Chapter 11, Design Review, of the honing Regulations to allow for procedural changes to the performance bond process as prescribed in the Vail Town Code. Applicant: Town of Vail. Planner: George RutherlRussell Forrest TABLED TO JUNE 25, 2D01 '~1 u T~~r y~~}7 1'~ ~RrIT ~~ Yll~[L 12:DD pm 1:15 prn the board may break for dinner from 0:00 - 0:30 4. A request for a minor subdivision and a variance from Section 12-6D-5 of the Town Code, to allow for the resubdivision of Lot 1, Strauss Subdivision, a resubdivision of Lots 46 & 47, Vail Village West Filing No. 2, re-creating Lots 46 & 47, located at 1916 & 1936 West Gore Creek Drive. Applicant: Pat Dauphinais, representing Richard Strauss Planner: Allison Ochs MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 6-0 APPRC]VE© WITH TWO CONDITIONS: 1. That the applicant submit 2 mylar copies of the final plat for Lot 46 and 47, Vail Village West Filing No. 2, for recording of the subdivision. The plat must be retarded within one year ar final Planning and Environmental Commission approval. 2. That the applicant review the final plat with the Town Attorney to verify ownership. 5. A. request for a conditional use permit, #o allow for the consolidation of 2 units within the CG2 Zone District, located at 126 Willow Bridge Road/Lot K, Block 5E, Vail Village 15t Filing. Applicant: Henry Anthony Ittleson, represented by K.H.. Webb Architects. Planner: Allison Ochs MOTION: Doug Cahill SECOND: Chas Bernhardt VOTE: 6-0 APPROVED 6. A request for a conditional use permit, to allow for a seasonal structure within the Lionshead Mixed Use 1 Zone District, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3`d 1=ding and Lots C & D, Morcus Subdivision. Applicant: Vail Marriott Planner Allison Ochs MOTION: John Schofield SECOND: Doug Cahill VOTE: 6-0 APPROVED WITH THREE CONDITIONS: 1. That the applicant shall not erect the tent prior to April 30~h and the applicant shall remove the tent no later than October 315 of each summer of operation. 2. That the approval is good for one year and must be renewed prior to April 2002. 3. That the applicant repair the fence, screen all mechanical equipment ~ generally Clean up the site. 7, A request far a variance from Section 12-6D-9 (Site Coverage), Vail Town Code, to allow for the construction of an addition to asingle-family residence, located at 1115 Homsilver Circle / Lot $, Block 1, Vail Village Soh Filing. Applicant: Carol Collins, represented by Arris West Architects, PC Planner: Bill Gibson MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 4-2 (Cahill, Cleveland opposed) APPROVED • • • 2 • 8. A request for a minor subdivision, to allow for the correction of errors in the platting of Tract. J, Vail Village First Filing, located at Vail Interfaith Chapel, 19 Vail Road /Tract J, Block 7, Vail Village First Filing, Applicant: Town of Vail Planner: Brent Wilson MOTION: Doug Cahill SECQND: Dick Cleveland VQTE: 6-0 APPROVED WITH ONE CONDITC{)N 1. That the applicant records the approved and signed plat with the Eagle Gaunty Clerk and Recorder's Qf~ce by no later than dune 11, 2002. 9. A request for a work session to discuss amending certain residential zone districts in the Town of Vail to alloy home day care facilities subject to the issuance of a conditional use permi# and a Rome occupation permit. Applicant: Town of Vail planner: George Ruther MUTTON: Diane Golden SECQND: Chas Bernhardt VOTE: 6-0 TABLED UNTIL JUNE 25, 20U1 • 10. A request for a variance from Section 12-6D-6 (Setbacks), Vail Town Code, to allow for the construction of a garage within the required front setback, located at 1956 Gore Creek Drive 1 Lot 45, Vail Village West Filing #2. Applicant: David Irwin Planner. Ann lGjerulf MOTION: Diane Golden SECQND: Chas Bemhardt VOTE: 6-0 TABLED 'UNTIL JUNE 25, xt?0'I • 11. Approval of May 14, 2001 minutes 12. Information Update June 19~h roofing materials discussion with the PEC, Town Council & DF~13. The applications and information about the proposals are available far 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.. 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, far information. Community Development Department 3 ~~ Planning and EnWironmental Commission ACTIa N F4 RM ~~ Y Y ~~ Department of Community Development ~',~i O~ Y`t~t~ 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 €ax:970.479.2452 web: www.ci.vail.co.us Project Name: Marriat CUP PEC Number: PEC010036 Project Description: Participants: Temporary tent OWNER HMC ACQUISITION PROPERTIES I05J14J200i Phone: MARRIOTT INTERNATIONAL ONE MARRIOTT DR DEPT 938A1 WASHINGTON DC 20058 License: APPLICANT HMC ACQUISITION PROPERTIES I05J14J2001 Phone: 476444 MARRIOTT INTERNATIONAL ONE MARRIOTT DR DEPT 938.01 WASHINGTON DC 20058 License: Project Address: Location: Legal Description: Lat: Block; Subdivision: MARK RESORT & TENNIS CLU Parcel Number: 210107Z1Z013 Comments: MUST BE RENEWED YEARLY BQARD/STAFF ACTI~DN Motion By: Jahn Schaffield Second By: Doug Cahill Vote: 6-0 Conditions: Action: APPROVED Date of AppraWat: 06J25/2001 Cond : 8 ~Pla4N): No changes to these plans may be made without the written consent of Town of Vail staff andJor the appropriate review committee(s). Cond: CON0004819 All equipment must he screened Cond: CON0004820 The CUP is valid for 1 year and must be renewed annually Planner: ANison Ochs PEC Fee Paid: $200.OD • Planning and Environmental Cvmmissi~an ~ ~ ~ ~~~ A~, i i~N FARM ~~ e} ,~ ~ Department of Community Development T~'~' ~~ 4'T~~L 75 South Frontage Road, Vail, Galorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: Red Sandstone Athletic Field PEC Number: PEC010D20 Project Description: Participants: conditional use permit to construct athletic Field. any other use requires amendment OWNER TOWN OF VAIL °f° FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81657 License: APPLICANT TOWN OF VAIL °fo FINANCE DEPT 75 S FRONTAGE RD VAIL CO Gregg Barrie 81657 License: Project Address: 03/2D/2DD1 Phone: 03/20/2401 Phane:479-2337 Location: Legal Description: Lot: Block: 2 Subdivision: VAIL POTAT© PATCFI Parcel N~rmber: 2101063DZOD4 Comments: CUP far athletic field BOARD f STAFF ACTION Motion By: Jahn Schofield Action: APPROVED Second By: Brian Dayon Vote: 5-0 Date of Approval: 06/26/2001 Conditions: Cand : 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/ar the appropriate review committee(s). coed: colvaoD4825 A gate will be provided an the w/sw corner of the field Cand: CONOOD4826 The staff will consider and explore the possibility of a boulder wall to create a berm far the fence Cand: CONOD04827 Amplified sound will only be allowed as part of school activities. Cond: CON0004828 The school is considered the primary user, the Tvwn is secondary, and the VRD is third. This shall be indicated in any agreement regarding the field. Planning and Environmental Commission }~ , ACTION FORM T r l -~ ;~'~ Department of Community Development t ~YYl1~ ~~ ~~~,~~~ 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: Dorrance EHU PEC Number: PEC010017 Project Description: Participants: Type II EFIU, less than 5flfl sq. ft. with 1 covered parking space APPLICANT JANE SNYDER 03/09/2001 Phone: 303-448-9677 'Resort Design Assoc. 1434 Spruce St. Ste 110 Boulder, Co 80302 License: OWNER Bennet And Jacquie Dorrance 06/18/2001 Phone: 48fl-596-50fl0 5750 N. Cameldale WAy Paradise Valley, AZ 85253 License: Project Address: 97 ROCKLEDGE RD VAIL Location: Legal 'Description: Lot: 3A Block: 7 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 210107115033 Comments: Deed restriction must be filed BOARD/STAFF ACTION Motion By: John SchofFeld Second By: Chas Bernhardt Vote: 6-0 Conditions: Action: APPROVED Date of Approval: Ob/18/2fl01 Cond: $ (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s).. Pianner: Allison Ochs PEC Fee Rand: $0.00 • ,,~` f ~+ Planning and Environmental Commission ~~ . ~; ~ ACTION FO~I'~~ ~`` ~~ ~; ~ Department of Community Development ~'~~ ©F V`~~L 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.Ci.vail.CO.US Project Name: Collins residence PEC Number: PEC010039 Project Description: Site coverage variance to allow far the construction of a 151 sq.ft. addition. Participants: OWNER COLLINS, CAROL C. 1115 HORNSILVER CIR VAIL CO 81657 License: APPLICANT Glenn Harakal Arris West Architects PC Pd Bax 4182 Eagle, CO 81631 License: Project Address: 1115 HURNSILVER CR VAIL 05/23/2001 Phone: 05J23J2001 Phone: 328-4944 Location: Legal Description: Cot; 8 Bloclc: 1 Subdivision: VAIL VILLAGE FILING 8 Parcel Number: 210109203003 Comments: BOARD/'STAFF ACTION Motion By: Jahn Schofield Second By: Chas Bernhardt Yote: 4-2 Conditions: Action: APPROVED Date of Approval: 06/11/2001 Cond: CON0004799 (PLAN}: Na changes to these plans may be made without the written consent of Town of Vail. Planner: Bill Gibsan PEC Fee Paid: $250.00 • . TOWN OF PAIL Department of Community Development 75 South Frontage Road Wail, Colorado 81 b57 97Q-479-2138 F,q,Y 9711-479-2452 www. ci. veil. co. us June 1, 2001 Patrick Hirn Vail Resorts Development Company 137 Benchmark Road P.C7. Box 959 Avon, Ga 81fi20-0959 and Town of Vai[ Planning and Environmental Commission (PEC}; Property owners adjacent tv Golden Peak Lodge Re: A requesf far a minor amendment to the approved development plan for the Golden Peak Ski Base, f© allow for the expansion of the Wreck Raam Restaurant and Passport Club, located of 498 Vail Valley Dtive/Tracf F, Vail Village 5"' Filing. Dear Patrick, PEC members, and adjacent property owners: Staff has reviewed the request tv amend the approved development plan fvr Golden Peak in accordance with Title 12, Chapter 12 of the Vail Town Cade. As described above, the requested amendment tv the Golden Peak Ski Base development plan has been appr©ved by staff with the following conditions: The Tawn of Vail Design Review Board shelf approve the design of the proposed addition. This meeting is scheduled for Wednesday, June 20th at 3:00 P.m. in the Vail Town Council Chambers (75 S. Frontage Road}. 2. Pursuant to the Preliminary Developer Improvement Agreement between Vail Associates, Inc. and the Town of Vail dated March 20, 1996 fvr the Golden Peak Ski Base, the applicant will grant the Town a public pedestrian easement for the existing (and proposed extended} Vail Trail encroachment across the property. This easement will be incorporated into the pending easement agreement be#ween the applicant and the Town of Vail for the Golden Peak Ski Base. No application for a building permit shall be accepted until this agreement has been finalized. -• ~~• R&4YG'LEi11'AYtlt A report concerning this minor amendment to the approved development plan for Golden Peak will be presented by staff at a public hearing before the Town of Vaii Planning and Environmental Commission {PEC) an Monday, June 11~h at 2:00 p.m. in the Vail Town Council Chambers {75 S. Frontage Road). The PEC reserves the right to "call up" a staff decision for additional review at this hearing. There will also be an opportunity for public comment at this hearing. The staff report is as follows: I. DESCRIPTION OF THE. REQUEST The proposal involves the addition of 318 s.f of commercial space to the Golden Peak Ski ~3ase Facility. The addition has two components. First, by relocating interior walls, 312 s.f. will be moved from the Wreck Room to the Passport Club. Then to recapture this last space, the Wreck Room will be expanded an the north side of the building underneath an existing cantilevered space. The remodel will result in the Passport Club becoming 312 s.f, larger, the Wreck Roam becoming fi s.f. larger, with. an overall addition of 318 s.f_ of commercial space to the Gaiden Peak facility. There is no addition of site coverage because the proposed expansion is to occur underneath a cantilevered space that is already considered site coverage. The proposal would result in improved circulation within the Passport Club due to the expansion of its lobby area and also, the improvement of the northern facade of the building. A letter from the applicant outlining the proposed addition has been attached for reference. Pursuan# to Section 12-9A-2, Vail Town Code, a "minor amendment" is defined as follows: MINC7R AMENDMENT (STAFF REVIEtN): Modificafians fo building plans, site or landscape plans that do not alter the basic intent and character of the approved special developmentfski base recreation district, and are consisfent with the design criteria of this Chapter. Minor amendmenfs may include, but not be limited ta, variations of not more fhan five feet (5') to approved setbacks and/or 6uildingr footprinfs; changes to landscape or site plans fhat do not adversely impact pedestrian or vehicular circulation fhroughouf the special development district; or changes fa gross floor area (excluding residential uses) of not mare than? five percent (5°fo} of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under Sections 72-95-4 (inferior Conversions,} or 92-15-5 (254 Addifional GRFA) of this 7itfe. Pursuant to Section 12-9A-10, Vail Town. Code, "minor amendment°' procedures are as follows: Minor modifications consistent with the design criteria outlined in subsection 12- 9A-2 (definition of "minoramendment") of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2 r1 CRITERIA AND FINDINGS A. Section 12-BD-IaD: Amendments to the approved development plan will be considered in accordance with the provisions of Section 12-9A-'10 of this Title. Section 12-9A-10 is addressed below, B. Section 12-9A-2: Minor Amendment (staff reviewj: Modifications to site plans that do not alter the basic intent and character of the approved district and are consistent with the design criteria of this Chapter, may include changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation. Staff does not believe an approval of this proposal would alter the basic character and intent of the originally approved development plan for the Golden Peak Ski Base. There wilt be no change to the existing site or landscape plans and the addition will not trigger the need for additional onsite parking. The net change in floor area of the Wreck Room is negligible. Hence, staff does not believe there will be an increase in vehicular or pedestrian circulation or an increased demand for parking. The area to be added to the Passport Club is to enlarge the lobby sa that circulation within the space will be enhanced. Furthermore, there will be no increase in the number of members within the Passport Club. Hence, there will be no impact on the Club's parking requirement- S#aff has also reviewed the proposal in terms of the potential impacts to ADA or pedestrian circulation. Staff believes there will be no adverse impact upon ADA or pedestrian circulation resulting from the addition. From a design perspective, the addition will serve to enhance the northern farads of the building. C. Section 12-9A-10: Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 may be approved by the Department of Community Development. Notification of a proposed minor amendment and a report of staff action shall be provided to all property owners within or adjacent to the district that may be affected by the amendment. Notification shall be postmarked no later than 5 days following staff action on the amendment and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision, The prop©sed amendment is consistent with the design criteria outlined under subsection 12-9A-2. Notification of the hearing and a summary of the proposal will be provided to all adjacent properly owners within ~ days of today's date. Staff°s approval of the request will be reported to the Planning and Environmental Commission on June 11'h, 2001. • 3 Pursuant to Section 12-9A-10, Vail Town Code, appeals of staff decisions may be filed by adjacent property owners, awners of property within the special development district, the applicant, Planning and Environmental Cammission members or members of the Town Council as outlined in Section 12-3-3 of the Tawn of Vail Zoning Regulations. If you would like to further information, please do not hesitate to contact me at 970-479-2148 or akierulf cr ci.vail.ca.us. Sincerely, Ann Kjerulf Planner ll/G15 Specialist Town of Vail Attachments • r: 4 V A I L R E S O R T S R E V E L© P M E N T 'C O M P A N Y CONSTRLPCTIC7N ^~PARTMENT May 2, 2Q0 Anne Kjeruif, Planner I Town of Vail Community Development 75 S. Frontage Road Vail, CD 81567 RE: Proposed expansion of Wreck Roam and Passport Club Golden Peak Lodge Dear Anne: >,nciosed you will find PEC and DRB application materials for a minor amendment to the development plan to the Golden Peak Lodge. These applications refer to the remodel work proposed for the Passport Club and the Wreck Roorn Restaurant located on the lower level of the building. This project consists of adding square footage to the Passport Club lounge area at the expense of the square footage of the Wreck Room dining area. Ta balance this, the Wreck Room would like to move out to the existing column ]ine to the north of the building to utilize the square footage that is currently used as a covered area for exterior building circulation. The net additional commercial square footage for this project totals 318 square feet. The gross non-residential square footage of Golden Peak Building is 48,fl95. All but 10 square feet of the proposed addition will be contained within the existing dripline of the building. This additional site coverage consists of the relocated entry doors which will be located 8 feet away from the existing planter (when the door is opened} in order to maintain exterior circulation. The additional space is consistent with the existing zoning of Ski Base Recreation District. The additional 318 square feet will be used to maintain the current square footage of the Wreck Room Restaurant. T'he Passport Club has a defined number of memberships and no additional memberships will be offered from the expansion of their lounge area. This renovation will not result in the change of current use of either tenant in this facility and thus, no impact on parking will result from this proposed work. The following pieces of information are included in this application: • Application forms and filing fees • A survey of the property • A title report of the property • Three copies of plans for the project, including site plan and building elevations • Stamped and addressed envelopes for the adjacent property owners lfthere are any other pieces of information you require, feel free to contact me at $45-2356 and I will try my best to satisfy your request. Thank you for your assistance and cooperation on this project. ` _. Patrick Hirn, Project Manager Vail Resorts Development Company ~~ Vail Rc50h•?" 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J,aL1L tl~i ~~ ~ - f ~~ ~ , ~o ~ ~ ,~~~ ~ ~~ ~ ~ -- ~- a ~~~~~ ,. ~ ~ G~ ~~~ ~._. ~ i ~ ~, . ~~ ~ i ~~ ~ ~~ ,~~ ~- ~ ,~ ~ ~~ ~,~ ~~' ~ ,~~ ~ ~_ ~ ~ ~~ ~ _ 3~3 , ~~ ~ I ~ ~ ~= ~ ~ - ~, ~'~ ~ 1~.~~0~ i i i i~ i ~.~nE€ ~~~~ ~~ C ~~ ~~I f 4y-- ;fir I. ~ ~ ' ~~ M ~~. ~., ~. ~1 ~~ , ~- i ~~~~ a ~ ~~ ~! _` :~ S s -- .. . , . -~ ~a ~~~• ~~ ~~ ~ ----o - - .- ~ ~, ~- r ~a ,1 ~ ~ ~ `~~ _,> ..:~ - - ~ - ~ Tip .„.._~ ._.._ . .~ i ~ .. ~ ~ I~ ~ MEMQRANDUM TO: Planning and Environmental Commission FRC)M; Community Development Department DATE; June 11, 2401 SUBJEGT: A request far a conditional use permit, to allow for the construction of an athletic field, located at 610 N. Frontage Rd. West/ A portion of Tract G, Vail Potato Patch. A full metes & hounds legal description is available at the Department of Community Development. Applicant: Town of Vail, represented by Gregg Barrie Planner: Allison Ochs DESCR[PTI©N OF THE REQUEST • The Town of Vail, Vail Recreation District, and Red Sandstone Elementary School are requesting a Conditional Use Permit to allow for the construction of an athletic field located adjacent to the elementary school on a portion of Tract C. The athletic field is sized and shaped to allow for the minimum sized U71U8 soccer field, which is generally intended for 7 and 8 year old players. The field is approximately 30 yards by 50 yards. For information, an official soccer field is a minimum of 50 yards by 140 yards. The parcel is zoned Outdoor Recreation, "Public parks and active public outdoor recreation areas and uses, excluding buildings" are a conditional use in the outdoor Recreation zone district. According to the applicant, the athletic field is situated on the western end of the site due to steeper slopes on the eastern end. The applicant's letter of intent, along with a reduction of the site plan, has been attached for reference. BACKGRC}UND The athletic field is proposed to be located on a portion of Tract C, Vail Potato Patch. In 1995, as part of the Comprehensive Open Lands Plan rezonings, Tract C was divided into multiple parcels. Portions of Tract C were then zoned Natural Area Preservation District. The portion of the property to include the athletic field is coned ©utdoor Recreation. Currently there are no improvements on the property. The Design Review Board reviewed the proposal and approved the request at the May 16, 2401, meeting. ROLES 4F THE REVIEWING BOARDS Planning and Environmental Gommission.• The Planning and Environrnenfal Gommission is responsible for evaluating this conditional use permit application for: • 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation ~~ 1y TI}44'N OF PAIL ~ facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability; and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5, Such other factors and criteria as the Commission deems applicable to the proposed use. fi. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter t 2 of this Title. _ ?_ Conformance with development standards of zone district Desiarr Review Board: The Design Review Board is responsible for evaluating the Design Review application for: 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. RemovallPreservation of trees and native vegetation 5. Adequate provision for snow storage on-site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures t 0. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12, Provision of outdoor lighting 13. The design of parks IIV. STAFF AEC{}MfVIENDATION The Community Development Department recommends appra~al of the conditional use permit for an athletic field, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Qutdoor Recreation Zone District, 2. Thai the proposed location of the use and the conditions under which it will be operated or maintained will not lae detrimental to the public health, safety, or welfare or materially injurious to properties ar improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve the request, staff recommends the following condition: That no exterior lighting is permitted in conjunction with this Conditional Use Permit. The addition of exterior lights would require an amendment to the 2 Conditional Use Permit and would require additional Planning and Environmental Commission review. V. REVIEW CRITERIA F4R THE CONDITIONAL USE PERMIT The review criteria for a request of this nature are established by the Town of Vail Municipal Code. The proposal is subject to the issuance of a conditional use permit in accordanoe with the provisions of Title 12, Chapter t 6. For the Planning and Environmental Commission's reference, the conditional use permit purpose statement indicates that: fn order to provide the flexibility necessary to achieve the objectives of this true,. specified uses are permitted rn certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they maybe located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties rn the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be rn accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. A. Consideration of Factors: 1. Relationship and impact of the use on the development objectives of the Town. Section 12-8B-t defines the purpose of the Qutdoor Recreation zone district: The t7utdoor Recreation C?istrrct is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. Staff believes that the proposed athletic field furthers the purpose of the Outdoor Recreation zone district. The proposed athletic field allows for an additional active recreation area, targeted primarily to children. In addition, staff believes that the proposal complies with the development objectives of the Town of Vail, as these objectives are stated in the Land Use Plan: 7.1. t. flail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, and recreational uses to serve both the visitor and the permanent resident. 1.1.2'. The quality of the environment including air, water, and other natural resources should be prr~tected as the Town grows. _ 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. The proposed athletic field will provide additional recreational uses, primarily serving the permanent resident, and improves an existing open space area zoned dutdoor Recreation. The Tawn of Vail Land Use Plan designates this property as Open Space. In addition, it identifies the entire tract as Tract 37 -Potato Patch: An irregular shaped area above +Red Sandstone Elementary School was dedicated to the Town as open space. This area has a variety of high and medium environmenaa! constraints as well as some areas with no identifiable development constraints. There are no apparent deed restrictions far use of the property, however, the site is relatively difficult fa access and seems most appropriafely left in open space. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation faciliities, and other public facilities needs. The proposed athletic field will provide additional recreational uses for the elementary school and community. The primary intent of the athletic field is to provide for turf area for the students of Red Sandstone Elementary, The Vail Recreation District will use the field far overflow for their soccer needs, but as the field is only 30 yards by 50 yards, the VaiP Recreation District will primarily be using the new soccer field at Donovan Park for their needs. As there are no structures proposed in conjunction with the development of the athletic field, staff believes that there will be na effect on light and air. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed athletic field will not have a negative effect on the above referenced criteria. Currently, there are 25 designated parking spaces plus 2 ADA accessible spaces at Red Sandstone Elementary. Additional parking can be accommodated on the access drive, allowing far approximately 71 spaces total. Overflow parking can be accommodated at fhe Sandstone Tot Lot, if necessary. The Planning and Environmental Commission sets the parking requirement for recreational facilities. Staff has identified parking requirements for other communities with regards to athletic fields. These requirements vary from 20 spaces per field to 1 space per 5,000 sq. ft. of land area. The athletic field is approximately 13,500 sq. ft. with additional turf area adjacent to the school. Because the field is primarily far the use of the school, staff does not believe that additional parking should 4 be required. Other uses of the field will not occur while school is in session, specifically evenings, weekends, and summer, leaving the school panting available. 4. 1=ffect upon the character of the area in which the proposed use is to be [ocated, including the scale and bulk of the proposed use in relation to surrounding uses. Staff has concerns regarding the amount of site disturbance on the hillside. The current design of the athletic field allows for regrading and vegetation of the hillside, as opposed to more visible retaining walls which would be necessary should the field be sited elsewhere. However, staff also recognizes the needs ofi the school and believes that with revegetation, the character of the area will not be negatively affected. The chain-link fence will be brown to minimize visibility and will also be screened with additional landscaping. There is no lighting proposed in conjunction with the athletic field, nor are any structures proposed. Staff believes that this use is compatible with adjacent uses, which include residential uses and the school. 5. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. The Environmental Impact Assessment, which was prepared by Design. Workshop, is attached for reference. In addition, CTIJThompson, Inc. i completed a geologic evaluation of the site, providing specific construction !- recommendations for the athletic field. The evaluation has also been attached for reference. The evaluation did not identity any potential geologic hazards which would prevent the development of the property for an athletic field, but does provide recommendations for construction of the field. The athletic field will be constructed following the recommendations of the evaluation to mitigate any environmental effects of the proposed athletic field. B. Findings The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accord with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. TOWN OF VAIL Department of Public Works & Transportation 1309 ~'Ikhcrn Drive Yail, Caloradv $1657 970-479-21 S8 Fczx: 970-479-2166 www. ci, vail. co. us March 23, 2001 Red Sandstone Elementary School Proposed Soccer Field The Town of Vail, in conjunction with the Eagle County School District and the Vail Recreation District, is proposing the construction of a U7/U8 sized soccer field on Town of Vail property adjacent to the Red Sandstone Elementary School. The property is Tract C, Potato Patch Filing, and is divided into four zoning parcels, two ofwhich are Outdoor Recreation, and two of which are Natural Area Preservation District. The proposed field would be constructed entirely on a parcel zoned ©utdoar Recreation. The soccer field is situated an the western end of the site due to steeper slopes on the eastern end. However, because this area is approximately 400 feet from the school, a smaller turf area is proposed close to the school. This would allow students to play on a turf area during the 15 minute "recess", while the longer Physical Education classes can take the time to walk out to the larger soccer field area. Currently the students play on the asphalt area just outside the school. The total amount of turf area proposed for this project is 40,000 square feet. The fields have been designed so that no retaining walls will be required, however, there will he sizeable cut and fill slopes that will require revegetation. A11 disturbed slopes will be planted with native species that currently exist on site. A plant inventory will be performed prior to construction by a regional plant biologist who will specify the plants to be used. In addition, he will specify erosion control measures and establishment procedures. The intent is that in 3 to 5 years, the disturbed slopes will match existing vegetation as closely as possible. Na additional parking is proposed for this project. Currently the school has 25 designated spaces plus 2 ADA compliant spaces. Additionally, during larger school events, the access road up to the school is used for parking. That will accommodate approximately 38 additional vehicles. Because the school w711 use the field during the school day, and the Recreation District will use the field outside of school hours, events requiring parking for both school and field use should rarely conflict. Finally°, a 6' high green colored chain link fence is proposed along the downhill side of the entire turf area. The purpose of the fence is to limit the number of balls that might roll down towards the road. "The school district prefers chain link as opposed to solid fence for line of sight purposes. ~~~ RECYCLED PAPER 1 t w t t tl 4 5 i 1 1 1 f V t ~ Il .~ l5 - - r' 1 _ l ~ 1 5 ~ t 1 1 l \t 1 i l ' '! \_ " k r 111 1~ ,1 1 1 1 1 5 ~ / 1 1 1 5 5 11 j 5 5 ~ 5 t 11 4 1 9 A 91 7 i ". ,~ 1 1 11 t r ` ~~ I c l 1 ' 1 1 ~ 1 ' 11 ' ~ 1 1 91 1 1 Y 1 1 11 1 1 5 4 Y 4 ° 1! 1 9 Y 1 ~ ll 11 111 I I Y 5 4 1 I k 11 1 11 11 II 11 1 I4 11 I' 1 1 f 1 1 t{ 1 1 1 1 i l 1 I l l l l ~'t 1 1 ll 55 t` 1\\ I'. 1 1. i l l y ., O ~ ~~ ;;-L~----•-•-•~ i I a~ ~~ I I \1 I11 1 I 111 111 I 111 I 1.'1111 1 i 1til11t111 1„ ,1~° 1 . , l . 114' }I~AI°'A4 1. °11r'j ltt e` 111.\\`t~`+l. y l ~'~, t r ` s ~,"~"~yc>'~ e F]EPAFTMENT ©F PIfBLIC WORKS/fRANSPOH7ATION SOCCER FIELD Red Sanstone School • • • Red Sandstone Elementary School Athletic Field Environmental Impact Assessment June 6th, 2.001 Prepared By DESK N WORK~HQF Vail, Colorado For Town of Vail Public W©rks Depas~tment Nate: Alf project quantitative data prm~ided to Design Y~'orkshop by the Torn of [''ail Public i~'nrks lJepartment • • I. Project Description The Town of Vail, in conjunction. with the Eagle County School District and the Vail Recreation District. is proposing the construction of an athletic Feld. on Town of Vail property adjacent to the Red Sandstone Elementary School. This project will be funded jointly by the Town of Vail and the Eagle County School District. "The `Town of Vail plans to complete this project by the end of Septernber 2001. The site is currently undeveloped and consists of a mostly sage meadow with various other shrubs, grasses, and. perennials intenx~ixed. The athletic field.. in its completed state, will consist of approximately .~ acres of turf area. This area will be irrigated by an automatic irrigation system. The total disturbed area is 1.6 acres. The disturbance will consist of balanced cut and fill grading. and when complete, all areas will be revegetatcd. The Town of Vail will hire a company specializing in site revegetation projects to manage the site revegetation. The revegetation process will include a plant inventory of on-site plant materials prior to construction. After grading and installation afirrigation system, the revegetation contractor will provide and install all plants for the revegetation. The plan intends to not only use a large variety of plant species, but the sizes of plants will vary as well so the site will not be entirely uniform in appearance when first planted. Plant sizes will vary from seed up to b' serviceberry plants as well as a number of aspens. A preliminary list of plant species is attached. The revegetation contractor will provide the Town with an erosion control specification as well as an irrigation specification as this type of revegetation will have special irrigation requirements. The intent is that in 4 to 5 years the disturbed slopes will match existing vegetation as closely as passible. The largest part of the athletic field will accommodate a soccer field for the 7 to S year old age group and is situated on the western end of the site due to steeper slopes on the eastern end. Currently the students play an a 200' long asphalt area just outside the school, as well as on a small playground and an a gravel area situated more than X00 ft from the school. • Red Sandstone Elementary 5cltool Athletic Field Environmental Impact Assessment -June 6, 2001 Page 2 of b II. Zoning Compliance The site of the proposed field is Tract C, Potato Patch Filing, and is divided into four zoning parcels, two of which are Outdoor Recreation and two of which are Iwlatural Area Preservation District. The proposed field would be constructed entirely on a parcel zoned Outdoor recreation, a parcel of land 5.24 acres in size. There is no proposal to change the current zo~~ing. III. Development Statistics 1. Total site area.: 5.24 acres 2. Total undisturbed site area: 3.64 acres 3. Total site disturbed area: 1.6 acres 4. Total soccer/ turf area: .9 acres 5. Total native grasses revegetation area: .7 acres IV. Park Design Guideline Compliance 1. Srte presern=ativn: All non-turf disturbed areas will be revegetated to match the existing natural grasses and vegetation. 2. Impervious coverage: There will be no impervious coverage on the site. 3. Activity areas/.separation and irrtegraliora: There are two separate areas of the athletic field. The smaller one closest to t11e school is designed for the 15 minute recess period. to allow children to access it quickly. It is smaller due to site grading limitations. The larger area is designed for organized activities and is sized for the U7/U8 soccer field. While farther from the school, it will. be used for the longer Physical Education classes. 4. Vieu1s: Views into the site from roads will not be significantly altered due to revegetation and the location of the larger field. From Sun Vail Condos. located just south of the project, the proposed field will be higher than the roof of the building so the changes to vietivs there will be minimal due to the revegetation and the addition of taller landscape species along the south edge of the field. 5. Energy conservutiorr: I~Fot applicable, • Red sandstone Elementary Schc~c~l athletic Field Environmental Impact Assessment -June 6, 2001 Page 3 of 6 C. Landscape creeent. Landscape accent is provided through revegetation, taller landscape trees along the project's south edge, and the extension of an existing aspen grove through the site. 7. ~eces•s•ihilit}°: All areas will meet ~,.DA grade requirements. S. Appropriuteness'c~mpatihility: An elementary school should have a turf area large enaugh for organized activities. An open f=ield in a neighborhood setting is also apprapriate. 9. FlexiF~ility: The finished project will be highly flexible in use, especially given that no buildings or structures are proposed. 1©. Continuity: As described shave, the site revegetation will match the existing fandscapc, and no other building materials are to be used except for fencing. The project will utilize a standard $' brown chain link. recreation fence. 11. Maintenance. Project long-term maintenance will include only mowing, monitoring of the natural revegetation, and occasional maintenance to the irrigation system. IV. Impact Assessment Exi~•ting s°ite conditions: The site is composed of native plant materials, typically undisturbed with the exception of multiple utility line cuts and an old irrigation ditch. The upper portion of site is very steep and covered with aspens and serviceberrv. Portions of this area have been delineated as wetlands and will not he disturbed. There is an area at southeast corner of site that sustains a grove of willows, however, these are the only wetland species and this area has been determined to NQT be a wetland area, however, this area also will remain undisturbed. 2. 100 yr•,~lc~r~dplain: There are no floodplain hazards within the project site. Wetland impacts: As indicated in item 1, there have been wetlands delineated on the site however, there will be no wetland impacts. However, if it is determined that there are potentially affected riparian areas on the site, the Tawn of Vail will follow requirements set forth by the U.S. Army Carps of Engineers. 4. Avalancl~eirockfallideb~•is flc~i~~: Refer to attached geotech report. Red Sandstone Elementar}' Schoa] Athletic Field Enwironmenta] {mpact Assessment -tune 6, 2~0] Page 4 of b Erasion. All grading and earthwork during construction shall be performed according to relevant jurisdiction requirements, and all necessary construction erosion control measures shall be taken. All disturbed soils on the site shall be revegetated and stabilized to prevent any longterm erasion. No slopes in excess of 2:1 shall be constructed on the site. Additional measures as specified by the project. revegetatian specialists may be taken. b. Air pallutir~n: There will be no air pollution generated by the project. 7. Nnise iaollutinn: Any temporary construction noise shall be performed according to Town of Vail requirements and limitations, It is not anticipated that any of the proposed permanent uses will create noise pollution impacting the surrounding neighborhood. The only noise will be from children during school hours several times a day. There may be soccer practices during evenings but no organized Games, 8. Lights: There will be no lighting on the project. 9. Par-kini;: Na additional parking. w°ill be required because this is a school facility and no additional staff positions will be required. The school currently has 2~ designated spaces plus 2 ADA compliant spaces. Additionally, during larger school events, the access road up to the school is used for parking and will accmmodate approximately 44 additional vehicles. Because the school will use the field during the school day and the Recreation District will use. the field outside of school hours, events requiring parking for both school and field use will not conflict. 10. Visual: No retaining walls will be required in this design. Revegetated slopes will be the most notable impact immediately following construction. A brown chain link fence installed on south side of the field will be seen from Sun Vail condos, but aspen groups and the dark color w°ill mitigate its visual impact. 11. Traffrc impacts: The new field is an addition to existing school facilities. It will not require additional school staff and therefore will not increase parking requirements. In addition, it will not increase traffic during school hours. The Vail Recreation District will use the field after school hours as a practice facility. That use may increase traffic slightly on the site of the school but not necessarily on the Frontage Roads. Currently, parents may pick up children after school to take them to soccer practice elsewhere. Having the field at the school site will simply defer the pick-up traffic to a later time, therefore decreasing traffic during school pick-up times. • Red Sandstone Elementary School A#hletic Field Environmental Impact Assessment -June 6, 2001 Page 5 of 6 12. Site access: The field will be accessed by existing roads, parking lots, and sidewalks. An existing dirt path will be relocated to provide access from the pedestrian overpass area. 13. Drainage impacts: Seasonal flows from the uphill wetland areas will be caught on the north. side of the Feld and drained to the east into existing swales. This creates an opportunity far actually increasing the total amount of wetland on the site by planting wetland species in the new Swale. There is no anticipated increase in net runoff due to the absence of impervious surfaces. 14. Itzfi-astr-uc~ture i~rpacts: The only new utility required for this project is a water line tap for the irrigation system. A water Sine currently runs through the site providing easy access for this tap. Tl~e planting design seeks to mitigate the long-term water requirements of the project through the use of native plant species for all revegetation areas. Irrigated turf will he limited to the sports field. Red Sandstone Elementary school Athletic h'ield Environmental Impact Assessment -June 6, 2001 Yage 6 of 6 Apr-2?-O~ 1I:44A Rocky Mtn Nativr~ Plants Rocky Mountain' Native Plants Co. 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Soccer Fief~i Proje~i, lteet~rninended P1~rtts tEj~~e 3) ~Cllrltirll' j~ti#rle ~.crrrimOlr i\$#TrC IS Cf~1.l.S ,Crr[t'S.-•Ej~fo-r(J 11]tirT~lr.1~C1"PY ~~c't1r'(.`lr3 lC1;sr3,~+t1~c7rZa' ~r"bi111f;F5f'.? Sjr:r~yl; i<rclici ~~t7rt[7ti~prr.si5` russet ~u#~`a7t~bra ry .'i'af:~trx?ru Ctar#llr'r?rtvt;s C;~trlacia ~nlcl~'nri~d !iOr•hara~ ,sc:~f~?:.rlifl~l rxlrJr,171t;xln iiS~:i. .~1'1'fJt~irlCJl•~[:t1r,!3o.>~ r:~!'<Ft~prx~lzr,s .r~~fx~1n13in slront~,~ht;~ry 7JttxlicFfittnt_fc~rTa'IYri Fcndlet;'s t3~ea~iuyvriae G~'ic:'u cxrrPe:r°z:,'cxrt~ ,fi.#r1~x'ic,3s1 ti'c.lLh bYi~et#tfu an~Ftl~Ya~~aacdi4' w•nolly nluleszars 1'least t~at.~ thtit this is onl}r ;i [ist cif rt/xcoYaa:nnidt~dec~ 4pc~cacs E•r~t• tt1.c ~ir~c?~~~~.t. F°in~~.t ~,s~t~t si~.~. ~la.nlin~ t~tut~bt.:r, ;N.n~. ~>t~cernertt 7ias }yet to be finaltzeri for this materi~~t. I3~.~:~use cur ~rcin~ i<; voiun~e btts~c~, ~~r•c t~~il~ ic~rtnatize our yuc~tatiQn as sc~t~n a.s we ~~:errnin~ ~~~taat tl~ctY Zin~t _.~1~~nz.ii~< r~GU~lMers ;,~~yll bt fc~~- th.e pro~ect_ ',l~~znk.s main fur this orpr3r!zinit~~. PI>rase ~ir~•e us Ri c~li ~t 97~.E~?'~.~iE3~i if t;~er+r at•e an_;: yui;stic~tas OzCei27i~1~~lt~ c;rrn;:c:rnirtt" ill~nyr,vict~d infix--r~,:~tinr, • June 4, 20011 Town of Vail Department of Public WorkslTransportation 13x9 Elkhorn Drive Vail, CO 81657 Attention: Mr. Gregg Barrie Project Landscape Architect Subject: Geologic Evaluation Proposed Red Sandstone Elementary Athletic Field Vail, Colorado Job No. GS-33x6 This letter presents the results of our geologic evaluation far the proposed Red Sandstone €lementary Athletic Field in Vail, Colorado. We were told that an athletic field and turf area are to be built on property adjacent to the west of the Red Sandstone Elementary School. Plans are to build a cut and fill balance pad approximately 501} feet long by up to approximately 126 feet wide in plan dimension. The long dimension of the athletic field will be in an east-west direction perpendicular to the fall line of the natural slopes at the site. Maximum excavation depths will be approximately 1©feet deep. Our evaluation was to define geologic conditions, identify any geologic hazards and, discuss mitigation concepts far any potential geologic hazards identified. Our report is based on a review of available geologic maps and published literature, an evaluation of aerial photographs, site observations and ourexperience. We are currently performing a barrow investigation and slope stability analysis to develop design !eve[ geotechnical recommendations and construction criteria forthe planned athletic field. The following paragraphs provide a description of general site conditions, the geologic setting at the site, our evaluation of geologic hazards and mitigation concepts. Site Conditions The site is located north of 1-70 in Vail,. Colorado. Gore Creek is beyond I-70 to the south. The existing Sun Vail Condominiums are adjacentto and belowthe site to the southwest. The Red Sandstone Elementary School is adjacent to the east. A pedestrian bridge across I-70 and a park area are to the southeast of the site. To the CTL/TH4MRS~N~ INC. CONSULTING ENGINEERS 234 CENTER LRIVE ^ GLENWC}f7D SPRINGS. COLORADO 81505 ^ (97Q) 945 2!3139 5,~ north, residences are on a benched surface approximately 50 vertical feet above the site. The site can be visualized as a benched area that slapes down to the south at grades measured and visually estimated at 15 to 25 percent. Ground surfaces above the bench slope up to the north at steep grades in excess of 6Q percent. Ground surfaces below the west approximately 1J2 of the bench drop down the slopes excavated for the Sun Vail Condominiums at grades measured at up to approximately 7D percent, Freund surfaces below the east approximately 1I2 of the bench drop down to the park area at grades measured and visually estimated at 25 to 35 percent. An abandoned irrigation ditch approximately 4 feet wide and 2 feet deep trends down to the southeast below the southeast side of the bench. Vegetation consists of grasses, weeds and sage brush. Aspen trees, willows and other hydrophilic brush are on the steep slopes above the site to the north. Photographs of the site are shown in Appendix A. ~eOlOa1G Settlnq The site is located in an area of .folded and faulted Paleozoic aged sedimentary strata between the Gore Range to the northeast and the Sawatch Range to the southwest. Regional geologic mapping indicates the site is underlain by bedrock consisting of the Pennsylvanian aged Minturn Formation. Bedrock orientation strikes generally east-west, parallel to Gore Creek and dips dawn to the north. Surface deposits a the site consist of Quaternary aged glacial drift. Field observations at, and in the vicinity of the site confirm the geologic mapping.. The site is a glacial drift terrace. The steep slopes above the site to the north appear to be the sides of a second glacial drift terrace above. The glacial drift consists of silty to clayey gravels with cobbles and boulders up to approximately fi feet in diameter. Glacial drift is a heterogeneous unit with pockets of mare permeable and more granular materials intermixed and interlayered with less permeable, mare clayey materials. Numerous springs and seeps are at the base of and on the slopes to the northwest of the site. Geologic Hazards We did not identify any potential geologic hazards that would prevent development of the property for the planned athletic field. Three concerns related to geologic conditions were identified that need to be considered, First, the steep slopes along the north edge and to the north of the site are potentially unstable; second, an area of saturation as evidenced by springs and surface water was observed on the slopes at the northwest part of the site; and third, the slopes below the site that were excavated to construct the Sun Vail Condominiums are very steep and placing fill at the top of these slopes will increase the driving force and tend to reduce existing hillside stability. TOWN OF VAIL RED SANDSTONE ELENSENTARY ATHLETIC FIEL^ CTLlT JOB NO. 05.3356 ~' Glacial drift deposits appear similarto slope failure deposits and are difficult to differentiate. The glacial drift slopes above the site to the north may have moved in the geologic past (on the order of 10,000 years ago). Field observations do not indicate that recent slope movements have occurred.. In our opinion, the site is comparatively stable and the potential far slope stability hazards is low. In our opinion, excavations at the site that do not intersect a 2:1 (horizontal #a vertical) line extending down and away from. the toe of the steep slopes see Figure 1) can be accomplished without retainage. Vlfe understand excavations are to be into the steep slopes and wi11 intersect the 2:1 (horizontal to vertical) line discussed above. It appears the excavation may need to be retained. We are currently performing a detailed slope stability analysis to judge the necessity of slope stability mitigation and develop mitigation recommendations #or retainage. The numerous springs at the northwest part of the site indicate the slopes in this area are likely saturated. Surface and subsurface drainage will be needed. Removal of ground water wia subsurface drains such as an interceptor drain along the base of the cut slopes for the athletic field and horizontal drains extending back into the slopes will reduce hydrostatic pressures and increase slope stability. We envision a network of drains excavated into the slopes and a collector drain excavated along the based of the cut face. The drains can consist of slotted 4-inch diameter F'VC pipe embedded in a #ree draining gravel such as washed 314anch diameter concrete aggregate. The drain pipes would be 4 to 5 feet below the existing ground surface. The drain pipes that extend back into the slopes would need to extend up the slopes a distance equal to approximately 2 times the height of the excavation and be placed on an approximately 6 to 8 feet horizontal spacing. The collector pipe would need to be approximately 10 to 12 inches in diameter. In addition, we suggest a drainage swale approximately 2 feet deep and 6 to 8 feet wide along the base of the cut #ace for the athletic feld. The trend of the swale should slope at a sufficient gradient to prevent surface water from ponding. The third concern is related to the existing cut slopes below the proposed athleticfield. Ourfield observations indicate thata maximum grade ofapproximately GO percent for dry slopes appears to be stable for the soil conditions at and on property adjacent to this site. Cut slopes below the site are up to approximately 70 percent and show evidence of raveling. We believe that adding weight to the top of these slopes will reduce the stability of the cut slopes. In our opinion, fill should not be placed closer to the top of the steep slopes that where a 2:1 (horizontal to vertical) fine extending up from the toe of the excavated slopes intersect the existing ground surface above (See Figure 2) unless the existing cut slopes are laid back to a stable configuration, retained, or otherwise reinforced. Mitigation may involve reinforcement of the existing cut slopes with mechanically stabilized earth {MSF) cells or some type of retainage such as soil nails. Our geotechnical investigation will address fill placement above the steep cut slopes to ensure a fill embankment can be safely constructed. We believe the property can be developed using geotechnical and construction practices normally employed in mountainous regions in the locale of the property. TOWN OF VAIL RI=D 5AND5TONE ELEMENTARY ATHLETIC FSELD OTLlT JOB f+10. GS-3356 We appreciate the opportunity to work with you on this project. if you have questions, please call. Very truly yours, ~Ci"LJTI-IOMP ON, IN _ _ ', - ~ ~- %~ < ~ - ;.~ ~, s~ - ~~ ~~ Wilson L. "Liv" Bowden; ~ P',7Ga, ; . s4:~ 1 _ , ; Engineering Ge©logis'~;` •~;~;.;"~-..~ ,~G:~. F,`i, uL~l'. ~,~ ~~ Reviewe - . _ ~~` •~~~~^f ~.l r ~. ~~ ®~ ~Er oh ; P.E. ~°~' r ch ae ~ ~;~ a g ~ ~r :JM:c ~~• ~ .. ~~i, ~ ~, / ° Pt ( co ies se `~ f P+A p ~ ~ TOWN DF VAIL REd SAN65TpNE ELEMENTARY ATHLETIC FIELD 4 CTLlT.dQB N4. GS-3356 • EXISTING GROUND S:JRFACE • ~ ~ti WE RECL7hRMEND ND EXCAVATIDN BEL011 THIS L It~kE TYPICAL NORTH-SOUTH CROSS SECTION THROUGH SITE (Upper Part Qf Site) Join No. GS-335 Fig. 1 i • SITE V:'E RECQh~l~'~ED~1D NC FILL {''LACEh`~EEJT IN THIS AREA DUND SURFACE • TYPICAL NORTH-SOUTH CROSS SECTION THROUGH SITE {Lower Part of Sitey Jol~ No. GS-3356 Fig. 2 P '_~ • • 'r'^ YJ a w a w M M fn O Q '7 N ii ~~ ~J H [f} W Q H H iJ) d W C? EL' !L W css c~ d, Z .~ a -s LAw f~~~lc~s DUNN &ABPLANALP, P.C. • JOHN w. DUNN ART HUR A. ABPLANALP, JR- INGA HAAGENSON GAUSEY OF COU k5E1: JERRY 4V. HANNAH A PROFESSIONAL CORPORFTION WESTSTAR BANK BUILDING #OB SOUTN FRDNTAGE ROAD WEST SUITE 3OO 'VAIL, COLORADO 81 65 7-5087 June 7, 2001 Planning. and Environmental Commission Town of Vail 75 South Frontage Road Vail CO 81657 TELEPHONE: (970) 476-Q30O FACSIMIL€: f970} 476-4765 highcountryfsw.com e-mail: vaiilaw~vail.net CERTIFIED LEGAL A5515TAkT5 I(AREN M. DUNN, ~C LAS JANYCE K. SCOPIELD, CI.AS Re: Request for Conditional Use Pernlit for soccer field on Portion Tract C, Vail Potato Patch Dear Ladies and Gentlemen: ~Ve have been asked to represent Joe annd Anne Staufer and the Sun Vail Condominium association ~n connection with the Town's application for a special use permit for a soccer field adjacent to Red Sandstone Elementary School. IVIy clients for obvious reas©ns would prefer that the special use permit not be granted. However, they recognize that their desires may have to yield to the perceived need for the soccer field and therefore have asked that I communicate to you the conditions they wish to see in any permit, if it is granted. The conditions requested by Staufers and Sun Vail are as follows: 1. Use of the soccer field be only by elementary school students under the supervision of school district employees. 2. The permit be effective only so long as an elementary school is at the Red Sandstone location. permitted. 3. No other use, including without limitation ice skating and parking, be 4. No amplified or broadcast sound, whether music or spoken, be permtted. 5. No outdoor lighting be permitted, • b. No structures be permitted. The Commission's consideration of this request will be appreciated. Yours very truly, DUNK & ABA LAN.ALP, P.C. f~. ~~ Jol W. Dunn jwd:ipse cc, Mr, Staufer Sun Vail Condorninium Association • • ~~_ .~~ ;` ~~ ~~~C~G.~s r / ~ J r / ., ~ ~ _ ~ ~ . ~ ~; ~ ~. ~r+ ~ r ~~ ~"/ f.. ~ 1. ~ f ~~ ~_ ~ ~ ~ ~ 7 ~~~~~ ~ $~ 1~~~. ,~, ~~~_~ :! ~~. r f v~- .'~, ~ ~ ~ ~ r' r f! 's!' i-~~ ~'' 4- ..+.-~ r~~.~-~ ~ -~ ~ ~~ !7 '4__ ~ i ~, -///~/J ~' t F +.f; a~ - ~~~ ~~~~ ~~~ -~ ~ ~ i ~~~ i ~ ~~~~ ~ ~ ii i i. b, i I - i I `~ i } 3961 Springhill Auenue :- P.O. Box 28346 ^ P.G. Box 43D87 C 3641 45th Strut Mobile, Alabama 3fi6d8-5734 Atlanta. Georgia 34358 Birmingham, Alabama 35243 Metairie, Louisiana 70401 334-343-9400 774-398-7069 2d5-967-78$8 504-831-9484 FAX 334-343-4972 FAX 774-398-7732 FAX 245-967-3155 FAX 544-831-9493 May 11, 2001 "I`O WN OF VAIL - COMMUNITY DEVELOPMENT 75 S,Frentage Road Vail, +CQ 81657 I~ax: X70=~7~-242 ATTN: Allison Ochs, Planning Liaison Officer Dear Ms. ©chs, As a homeowner at Sun Vail condominiums, I am greatly disturbed by the prospects of a soccer field being built to the west of Red Stone Elementary, behind Sun Vail's A and B buildings. Although I am an owner in building D, I feel that this building program will impact the value of all of our properties in a negative fashion.. 1 am at the property at least 20 da}rs annually, and intend to retire in the Vail valley. Actions as these greatly concen~ me as a homeowner and future resident. 'T'his area has bean a "gz-een" area since I have been visiting the Vale valley and I believe it is a necessary part of the overall concept of Colorado and Vail. I would encourage the planning commission to review alternate selections closer to areas that are currently being used as recreational areas for children. Sit cerely yours, ~ E. Key Ir yin, Unit l 1-D Sun Vail Condominiums • IIviay 9, 20p 1 TO; TOWN OF VAIL PLANNER ALLISON OOHS FROM; CHARLES R. AND BARBARA RAGAN 744 SANDY LA~'VE WE UNDERSTAND THERE IS A PROPOSAL TO BULD A SOCCER FIELD II~1 THE AREA JUST SOUTH OF OUR HOME. WE STRONGLY OBJECT OF CONVERTING A PEACEFUL, QUIET AREA OF LAl~'D, WHICH IS CURRNTLY, FILLIID WITH 'V~'II.,DFLOWERS AND WONIaERFUL WILD LIFE, TO A NOISEY SOCCER FIELD. WHAT WILL HAPPEN TO THE WILD LIFE? WHY WERE WE NOT IPv'FORMED OF THE ZOING CHANGES FOR THIS PIECE OF LAND? THIS PROPOSED FIELD WOULD RENDER OUR IJECK UNUSEABLE; THE NOISE LEVEL IS CURREIti~TLY SUBSTANCIAL ENOUGH WITH I-70, SO TO ADD TO THAT NOISE LEVEL WE FEEL IS QUITE U1VRIASOI~v~ABLE. VAIL ENCOURAGES LOCAL PEOPLE TO STAY IN VAIL, THEN MANS THE SURROUNDINGS IMPOSSIBLE. WHAT IS WRONG WITH SOME BEAUTIFUL OPEN SPACE IN THE CITY OF VAIL? • Ta Tow°n of ~,~ail planners: I'ro~n Len Levitan; President Board of Sun Vail Condominium Association I am writing to express our opposition to the building of a soccer field directly north of the SunVail Condominiums. Currently this area consists of natural vegetation and wildflowers on a hillside. Replacing it would require excavation of a large area of slope replacing it with a flat field. Some sort of fence would be built facing the adjacent candominiu~ns. Tlae level of the field would be the same as the 3rd floor of our buildings. All this would impact negatively on SunVail in multiple ways: l) The view from the rear windows would be obscured, and replaced by a fence which could be an eyesore. 2)I~lose: Kids would be using this field morning, noon, alter school, and evenings and it is likely that the school would use it for recess play and physical education classes- this use which would be hard to control would dramatically increase noise in our residential area. a)Trespassing: People likely would cross SunVail property to access the field 4)Potential for other development: lighting and bleachers might be added in the future exacerbating negative impact on the adjacent buildings. 5) Water drainage might be a problem. In summary , 60 home owners in our complex and several home owners to the north and above the proposed soccer field would be adversely effected, • ~c~ - ~r t F j f`~1 - ..- -- J ..~- - ,-- --- - 4~ _ X/Ci`/ .. _ ~~1L ~~..r' L x„r~"~ ~ i(~'~ •`~~i,l' i' F'~ 1 ~AI f ~ ,sl ./~ ',"' ' - -~ f_~'Cv,,O? ~ ~ ~ .. ,~:~.. f _ _.. _ ~ _ j y / ~ ~ ~ ~ ~~ ~TM _~ _ - -. ., tea. [ W '? ~ £~ ~I~ - - a _ J t1 i ~~ ~ y ~~~ _~ _ _ r _ ~.. t ~ ~ Y ~ ~~ ~ i.€ ~Y ~-_ .E f - .. - - ___.. ------- - f ~~ ~ 3 - _ - - ~ ~Z , _ _ ,,,.,, .. R. _. ~~ r I To Idhom I~ 2~~ • ~ ~~ ~~,~~~ ~ ~~1. ~ n ,~'~ ~Q.~"r G '~ 1 Q- ~~C~ ~ ~~~~~~ ~~~~ • -- _ a ~~ -~-t~~ ~~ i - -- - I _.__ _.._.. ___v.._..__.._ __. s-._.__'_._____.... _._. I ,.. ~._. _:_ .. S~~' e __. } f • FAR N S V,'/ Cl Ii 'I H 7 1~' 11 F: S'J, I4~f T; N 7 • • May 3, 2001 Town of Vail 75 South Frontage Road Vail, C4 $ I657 Attention: Allyson Ochs, Planner Dear Ms. Ochs: CC)l,~'iPANS' As I told you earlier today, I am the owner of 754 Potato Pateh Drive, W. Thank you far explaining the proposed soccer field to be located at bl Q North Frontage Road West, said property being generally below my property in the Town of Vail. I do pat object to the proposed soccer field as it is presently envisioned. As I understand it, it will be for children and not afull- scale official soccer field. I endorse it provided that: I. There will be no lights on the property whatsoever; 2. That it will be properly fenced with a vinyl coated cyclone fence; and 3. That it will be properly landscaped. I trust that there will be a requirement that the landscaping is properly maintained by the school. Further, I endorse this with the understanding that any additional future requests, such as lighting, expansion, etc., will be brought back to the neighborhood for comments and opinions. Sincerely yours, Thomas .Farnsworth, Jr. / TCFJr:bjm Cc: Mrs. Toni Hippeli DE'v'El_Of'ERS EZ,L.~L'1C1R~ I~1'L~-["41Eir"1' Bl:ll iJ)=RS ~;~_: 1)ic,ripkcti F:aaia3s rlrivr • yUletz~~his, TIa ;i$141 )Ol-i7i-200(] • Faa; 901":i'2-~r899 • ~;tis~v_farns~{~crrc3,cu.~um I~ °`~~~°~,teQ~ 1~ ~~ ~ ~ ~ ~, • ~ n~ ~~~ ~~ ~ ~~. ~~ ~~~~~, ~/~ Dr, and Mrs. Brian J. V~'ilsa~n Sun Vail Candamint~ms C25 North Frontage Road West LJnit 22B Vail, ["O 131657 Town of Vail Planning Board C/o Alison Ochs Planning i.iaison Officer 75 fiouth Frontage Road West Vail, CO 81657 To Wham It May Concern: We are writing to express our strong apposition to the construction and placement of a soccer field adjacent to, and directly North of, our home at the Sun Vail Condominiums. Currently this area consists of natural vegetation and wildlife which is enjoyed. by everyone. Our opposition to this soccer field is based on the following issueslproblems: • Residential Area: the soccer field will be in the middle ofa residential area (surrounded by condaminums/hornes}, not in a recreational area like that which is located to the West of Sun Vail. Playing f fields should be, and are best located in recreational areas which. do not impact directly an residents day-to-day lives. • lEnviranment: currently this area is a "natural" space with natural vegetation and regional wildlife -this will be destr~yed- • Noise: school children will be using this field in the morning, noon, after school and evenings and it is likely the children also will use it for recess play and physical education classes -- the field has the potential to be used all day, every day which dramatically impacts on noise in our "residential" area anal that noise will be directly outside the windows of our home. • Trespassing: as indicated above, the field could be used extensively throughout the day and peaplelchildren will use the Sun Vail property as an access to the playing field {both foatlbike traffic and parking in our parking lot}. • Property Damage: as indicated above under trespassing, there is the potential for property damage to Sun Vail as a result of the trespassing and by balls and other sports equipment being used on the field that may end up on our property or through our windows. • Safety: children could fall over the edge of the escarpment bordering along the Sun Vail property and any fence that might be put up to prevent this would be an eye-sore and effect property values. _2_ Property Values: the construction and placement of a playing field adjacent to the Sun Vail Condominiums will negatively effect the value of our home. The playing field should not be located ~n~here it directly effects the lives of residents and residential property values. Potential for future Deve]<opment. whether part of the current proposal or the possibility for future development, there could be a proposal to light the feld; or to erect bleachers or spectator seating, etc. -any further development of the playing field now or in the future would exacerbate the problems indicated above. We are strongly opposed to the construction and placement ofa soccer field adjacent to, and directly Norih of, our borne at the Sun Vail Condominiums. We encourage the Planning Board to consider the above mentioned issueslproblems and vote to oppose the soccer field in this location. Sincerely, ~~ Gil. N Dr_ Brian ikon ~~~~ Mrs. Jane E. Wilson • • • i MEMORANDUM TO: Planning & Environmental Commission FROM: Community Development Department DATE: June t 1, 2Q01 SUBJECT: A request for the review of a proposed text amendment to Chapter 11, Design Review, of the Zoning Regulations to allow far procedural changes to the performance bond process as prescribed in the Vail Town Code. Applicant: Town of Vail Planner: George Ruther I. DESCRIPTION OF THE REQUEST The Community Development Department has identified a need to amend the Vail Town Code to improve the efficiency and effectiveness of our services while at the same time ensuring that our customer's expectations of receiving temporary certificates of occupancy are not negatively impacted. To that end, the purpose of this memorandum is to provide a brief background an the TCO/bonding problem,. a summary ofi the current regulations and a recommendation for amendments. The amendments are being proposed to Section 12-1 i-$ Performance Band, Section ~2-11-1 t Enforcement: Insoection and Section 12-2-2, Definitions of the Town of Vail Zoning Regulations. Staff is requesting that the Planning & Environmental Commission evaluate the proposal and forward a recommendation to the Vail Town. Council. A complete description of the proposed amendments is outlined in Section V of this memorandum. II. ROLE5 OF THE REVIEWfNG BOARDS Plannina and Environmental Commission: Action: The PEC is advisory to the Town Cauncii. The PEC shall review the proposal far and make a recommendation to the Town Council on the compatibility of the proposed text changes far consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations, Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town ~Cauncif is respansr'ble far final approval/d'enia! an code amendments. The Town Council shall review and approve the proposaC based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Desian Review Board: Aaron: The DRB has 1VQ review authority on code amendments. 111. I~EC©IVIIVIENDATIQN The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed amendments to the Town Code to the Vail Town Council, subject to the following findings: 1. That the proposed amendments are consistent with the development objectives of the Town of VaiC. 2. That the proposal is consistent and compatible wit17 existing and potential uses within Vaii and generally in keeping with the character of the Town of Vail. 3. That the proposed amendments are necessary to ensure the health, safety and welfare of the citizens of VaiC. 4. That the proposed amendments will further ensure compliance with the Town Code. 5. That the proposed amendments will make the Town's development review process less problematic and more "user friendly." IV. BACKGROrUND The Community Development Department has identified our procedures for issuing T.C.O.'s, accepting bonds, and completing finaC inspections as processes that needed to be improved. The goal of the improvements is to provide better customer service, reduce the amount of staff time currently involved in these processes, ensure compliance with applicable codes and regulations, to better align the planning and building requirements and to keep construction management responsibilities in the hands of the contractor. • A. Problem Statement The Town of Vail Community Development Department issues approximately four hundred (400} building permits annually. Of these permits, roughly one hundred (100} require the issuance of a certificate of occupancy by the Building Official. The Tawn of Vail Community Development Department has traditionally issued temporary certificates of occupancy as permitted by the Uniform Building Code, at the discretion of the 'Building Official,. The current process far issuing temporary certificates of occupancy has resulted in numerous unintended consequences that negatively impact the services provided by the Community Development Department. For instance: increased staff time and involvement since many developers fail to follow through, an increase in the number of inspection requests as the inspectors must make multiple return inspections, a decrease in available inspection time for other projects because available time is spent dealing with temporary certificates and the need for unnecessary multi-depar#ment involvement (public works, fire, finance, administration} as performance bonds require the cooperation of ether departments. The staff of the Community Development Department finds it irresponsible to let this problem perpetuate. Therefore, corrective steps must be made immediately to respond to the inefficiencies. and ineffectiveness of the current temporary certificate of occupancy issuance process. B. Ci~ens • The current bonding/T.C.O. process results in an inefficient use of staff time. • The current bondinglT,C.O. process is ineffective and creates unrealistic expectations. • We da not enforce the expiration of T.C.O's. • We do not complete unfinished improvements secured by Developer Improvement Agreements. • We are committed to improving this process. Chapter 1, Section 109.4 (temporary certificate) of the Uniform 8uildina Code states, !f the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building ar structure. Therefore, the issuance of a temporary certificate of occupancy is not mandatory. Further, Chapter 1, Sec#ian 1 Q9.3 (certificate issued) states, in part, After the building official inspects the building or structure and finds no violations of the provisions of the code or other laws that are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy. Therefore, compliance with the applicable provisions of the Vail Tawn Code is also required. This is important as it includes, but is not limited to, landscaping, the design guidelines, and the development standards, The Town of Vail Community Development Department has traditionally issued T.G.O.'s an bath residential and commercial developments. Because the certificate is temporary and not final, it is inherent that a portion of the building is not complete. Incomplete work often includes, • exterior painting, • exterior lighting, • landscaping, • paving, • cosmetic interior finishes, • complete installation of plumbing fixtures, • use of temporary guardrails, and • the installation of additional light fixtures. To address the incomplete work, a performance band provision is incorporated into the Vail Town Code. C. Current Regulations According to Section 12-11-8 of the Vail Town Code, Performance Bond, The Building Official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Building Official may issue a temporary certificate of occupancy not to exceed two hundred ten (21©) days upon the applicant posting with the Community Development Department a performance bond or other security acceptable to the Town Council in the sum of one hundred twenty five percent (125/6} of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. if said landscaping, paving and other accessory, improvements are i not installed by the applicant within the period allowed, the 4 temporary certificate shall be revoked anti! the same are installed by the applicant or by the Town pursuant to the terms of the performance bond or other accepted secun`ty that has been approved by the Town. According to Section 12-11-11 of the Vail Town Code, Enforcement: Inspection,, Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Department of Community Development. The Department of Community t7evelopmenf shall inspect the site to unsure That the work has been completed In accordance with the application and plans approved by the Design 14eview Board. It shall be the duty of the property owner orhis/her authorized agent fa notify the Department of Community Development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Community Development shall issue a final certificate of occupancy. if the project is found to be completed in such a manner That a temporary certificate of occupancy may be issued as specified by the Uniform Building Code that applicant shall post a bond as set forth in Section 12-11-8 of this Chapter. Upon forfeiture of said bond or surety, the Town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be Individually Liable to the Town for the additional costs thereof. Furthermore, the amount that the cost of installing said Improvements exceeds the amount of the performance bond shat! automatically become a Lien upon any and all property included within the design review application. W. PROPOSED AMENDMETdTS Staff recognizes that there are factors outside the control of developers (i.e. weather} which results in the need to maintain the availability to obtain a temporary certificate of occupancy. However, staff has identified several negative and unintended consequences. of our current process. Therefore, staff finds there is the need to amend our current regulations to bath enhance our level of customer service and to reduce the amount of staff time involved in the bonding process. The following amendments are proposed to achieve improved customer service levels and to more efficiently utilize staff time. (Deletions are shown in ~t and additions are spawn in bold) Section 12-11-8 of the Vail Town Code, Performance Band, • The Building Official shall not issue a final certificate of occupancy far structures which have obtained design review approval until upon inspection it is determined that the project is cansiructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Building Qf#icial may issue a temporary certificate of occupancy, between November 1 and April 30 of each year, not to exceed two hundred ten (210) days upon the applicant posting with the Community Development Department a performance band as defined in Section '12-2-2 of this Chapter fir ~vher ~-^~~ ~rEt~1_~^rn.,~~h~s +,.-. t'~E Tt~~~+l in the sum of Inc h~,rdrec' •Ninn~c lu~r. ant (1'?5°'~} two hundred fifty percent (250%) of the bona fide estimates of two Town of 1laiil licensed contractors of the cost of installing landscaping and paving and other accessary improvements provided far in the approved design review application and plans. One of the bona fide estimates shall be accompanied by a fully executed contractual agreement to complete said work as described in the estimates. If said landscaping, paving and other accessary improvements are not installed by the applicant within the period allowed, the temporary certificate slaa#l may be revoked until the same are installed by the applicant ar by the Town pursuant to the terms of the performance bond e~-et#}^r ~-ssept^~ ^86j~ that has been approved by the Town. According to Section 12-11-11 of the Vail Tawn Code, Enforcement: Inspection, Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspectian by the Department of Community Development. The Department of Community Development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Design Review Board. It shall be the duty of the property owner or his/her authorized agent to notify the Department of Community Development that such work is ready far inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Community Development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the Uniform Building Code that applicant shad may post a performance bond as set forth in Section 12- 11-8 of this Chapter. Upon forfeiture of said band er c~~r, the Tawn shall proceed to install the improvements in accordance with the bona fide estimates and fully executed contractual agreements for which the performance band ee#~c was posted. In the event that the cost of installing the improvements exceeds the amount of the band, the owner of said property shall be individually liable to the Town for the additional casts thereof, including but not limited to, labor, materials, and legal and administrative fees. Furthermore, the amount that the cast of installing said improvements exceeds the amount of the perfarrnance bend shall automatically become a lien upon any and all property included within the design review application. Section 12-2-2, ®efinitions, Performance Bond: A written letter of credit agreement executed by and between the Town of Vail, a property owner or his/her authorized agent and a financial institution located within Eagle County, Colorado to provide financial security for the completion of all improvements, amenities and landscaping as identified on an approved design review application and plans. • • r t` MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 2001 SUBJECT: A request for a minor subdivision and a variance from Section 12-6D-5 of the Town Cade to allow for the resubdivision of Lot 1, Strauss Subdivision, a resubdivision of Lats 48 & 47, Vail Village West Filing No. 2, re-creating Lats 46 & 47, located at 191fi & 1935 West Gore Creek Drive. Applicant: Richard Strauss, represented by Pat Dauphinais Planner: Allison Ochs 1. DESCRIPTION OF REQUEST The applicant, Richard Strauss, represented by Pat Dauphinais, is requesting a minor subdivision for Lot 1, Strauss Subdivision, to recreate Lots 46 and 47, Vail Village West Filing No. 2. This minor subdivision request also requires a variance from Section 12- 6D-5 Lot Area and Site Dimensions. The minimum lot size in the Primary/Secondary zone district is 15,000 sq. ft. Lot 47 would be 11,151 sq. ft. and would not be able to enclose a square area 80 ft. by 80 ft. Lot 46, would be 9,932 sq. fit. and would meet the site dimension requirement capable of enclosing a square area 80 ft. by 80ft.). MINOR SUBDIVISION Pursuant to the Town Code, a minor subdivision is defined as: "Minor subdivision" shall mean any subdivision containing nQt more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of Municipal facilities and not adversely affecting the development of the remainder of the parcel or adf oining property. VARIANCE According to the Section 12-6D-5 of the Town Code, 12-6D-5: LOT AREA AND SITE ~1MENS10NS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30 J. Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80'j on each side, within its boundaries. Vail Village West Filing No. 2 was originally subdivided in Eagle County in 1965. The Town of Vail annexed the area in the early 1980s, de-annexed in i 985, and re-annexed in 1986. In 1985, a variance was granted to add a garage in the front setback, allowing far a 5 ft. franc setback, one parking space in the right-of-way, and a site coverage variance to allow for 24% site coverage. In December of i 990, the applicant requested a minor subdivision to vacate the lot line between Lots 46 and 47, Vail Village West Filing No. 2. The applicant has an existing residence on Lot 47, where the Town issued .~ a Home Qccupation Permit. The applicant purchased Lot 4$ and proposed to pave a portion of Lot 46 for additional parking. The Community Development Department denied the proposal, stating that parking is allowed only as an accessory use to a residence in the Primary/Secondary zone district. Subsequently, the applicant applied for a minor subdivision to vacate the lot line between Lats 46 and 47. The minor subdivision and the ,proposed parking area on Lot 46 were then approved. STAFF RECOMMENDATION MINOR SUBDIVISQN The Community Development Department recommends denial of the proposed minor subdivision subject to the following findings: 1. That the application is not in compliance with the intent and purposes of the Subdivision Regulations, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is not appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. VARIANCE The Community Development Department recommends denial ofi the variance from Section 12-6D-5, Vai{ Town Code, subject to the following findings: That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Primary/Secondary zone district. 2. The strict literal interpretation or enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Subdivision Regulations. 3. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Single Family Residential Zane District. 4. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Should the Planning and Environmental Commission choose to grant the variance request and minor subdivision request, staff recommends the following condition: That the applicant submit 2 mylar copies of the final plat for Lot 46 and 47, Vai[ Village West Filing No. 2, for recording of the subdivision. The plat must be recorded within one year or final Planning and Environmental Commission approval. • 2 ,' IIL IV • Existing 21083 sf 156.5 f 2752 sf 2676 sf 5/100/°f 5.150 8451 sq. ft. Proposed Lot 4ii X332 sf 82 f 2908 + 925 (EHU) sf 1886 or 2483 (EHU) sf 20115115!15 5959 sf Parking Per 12.10 5 saaces Per 12-10 Derilsty 2 du + Type II 1 du 1 du + Type I EHU EHU "Received variance to allow 1 space in right-of-way ZONING ANALYSIS Development Existing Standard Allowable Min. Lot Size 15„000 sf bldble area) ~ in Frontage 30 f GR1=A 5280 + 250 + 500 (EHU) sf Site 4217 sf Covera. e _ ~ 5etbac~5 20115115115 Landscape 126505f (min) MINOR SUB©IVISION REVIEW CRITERIA Proposed Lot 47 Existing Lot 47 f t !51 st 11151 sf 74.5f ~ 74.5f 3213 + 250 + 925 2752 sf fEHUI sf 2230 ar 2788 (EHU) 2670 sf sf 20115115115 5/17115/50 6091 sf 8451 sq. f[. Per 12-10 ~ 3 spaces* 1du+iTypr;IEHU ~ 1du One basic premise of subdivision regulations is that the rninirnum standards for the creation of a new lot must be met. The first set of review criteria to be considered by the PEC for a minor subdivision application is as follows: A. Lot Area The minimum lot size in the Primary/Secondary zone district is 15,Qa0 sq. ft. of buildable area. As proposed, Lat 4fi would be 9,932 sq. ft., with 5,494 sq. ft. of buildable area. Lat 47 would be 11,151 sq, ft. Because there is an existing residence on Lot 47, the applicant did not survey the lot for buildable area, The Planning and Environmental Commission has the ability to waive this requirement for the miner subdivision, if it so chooses. Section V of this. memorandum describes the criteria far review of a variance request. B. Frontaae The minimum frontage in the PrimarylSecandary zone district is 3D ft. As proposed, Lat 49 would have 82 ft. of frontage. Lot 47 would have 74,5 ft. of frontage. This proposal complies with this requirement. C. Site Dimensions Each site in the Primary/Secondary zone district shall be of a size and shape capable of enclosing a square area 80 ft. an each side within its boundaries. As proposed, Lot 46 complies with this requirement. Lot 47 would not comply with this requirement. Section V of this memorandum describes the criteria far review of a variance request. The second set of review criteria to be considered with a minor subdivision request is as outlined in the Subdivision Regulations, and is as follows: The burden of proof shall rest with the applicant to show that the application is in compliance with the intended purpose of Title ]3, Chapter 4, the zoning ordinance, and other pertinent regulations that the PEC deems applicable. The PEC shall review the application and consider its appre~priateness in regard to Town ,policies relating to subdivision control, densr'ties proposed, regulations, ordinances and resolutions and other applicable documents, effects on the 3 ~y aesthetics of the Tawn, environmental integrity and compatibility w7th surrounding USES. The subdivision purpose statements are as follows: 1. To inform each subdivider of the standards and criteria by which development and proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Resoonse: One purpose ofi subdivision regulations, and any development control, is to establish basic ground rules which the staff, the Planning and Environmental Commission, the applicant and the community can follow in the public review process. This application has been submitted according to the requirements of Chapter 13, Subdivision Regulations. 2. To provide for the subdivision of property in the future without conflict with development on adjacent property. Staff Response: The proposed plat does not create any conflict with development on adjacent land. 3. T© protect and conserve the value of land Ehr©ughout the municipality and the value of buildings and improvements on the land. Staff Response: Staff believes this proposal will not be detrimental to the value of land throughout Vail, nor will it be detrimental to the value of land in the immediate area. 4. To ensure that subdivision of property is in compliance with the Town Zoning Ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. Staff Resoonse: The applicant eliminated the common lot line between Lots 4~ and 47 in 1990, eliminating two non-conforming lots. Because the proposed subdivision would. re-establish two lots which do not conform to minimum lot size requirements, staff does not believe that the subdivision is in compliance with the Town Zoning ©rdinance. A variance is necessary, and staff does not believe the criteria for a variance have been met Please refer to Section V of this memorandum.) 5. To guide public and private policy and action in artier to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreational and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: This aspect of the subdivision regulations is intended primarily to address impacts of large-scale subdivisions of property, as opposed to this particular minor subdivision proposal.. Staff does not believe this proposal will have any negative impacts on any of the other above-listed public facilities. 4 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction, design standards and procedures. Staff Resoonse: This goal ofi the subdivision regulations will not be impacted by the proposed plat. 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 municipality in order to preseove the integrity, stability, and beauty of the community and the value of land. Staff Response: As proposed, staff does not believe that the proposed minor subdivision will have any impact on the above referenced goal. 1l. VARIANCE. CRITERIA A. Consideration of Factors Reaardin^ the Variance: 1. The relationship of the requested variance to other existing or ,potential uses and structures in the vicinity. As proposed, staff does not believe that the requested variance will have any impact of potential uses and structures in the vicinity. However, at the subject location, the current density allowed is 2 dwelling units plus one EHl_i for a tota9 of 3 units allowed on site. As proposed, each lot would be allowed 1 du, plus 1 EHU, for a total of 4 units on site. Staff does not believe that one additional unit on this site will substantially impact the neighborhood. In addition, the requested subdivision does not trigger the need for any other variances for the existing house on Lot 47. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. In December of 1990, the owner requested a minor subdivision to eliminate the lot line between lots 46 and 47. By eliminating this lot line, the lot was brought into compliance with Section 12-6D-5 Lai Area and Site Dimensions. Staff believes that approval of the request would result in a grant of special privilege. The minimum lot size in the PrimarylSecondary zone district is 15,000 sq. ft. By granting this variance, the lots would not meet the 15,000 sq. ft. requirement. Because Vail Village West Filing No. 2 was subdivided in Eagle County in 1965, many lots in the neighborhood are nonconforming with regards to lot size. The average lot size in Vail Village West Filing No. 2 is approximately 12,000 sq. ft. The applicant was informed by the Community Development Department in 1990 that it was necessary to eliminate the common lot line if the 5 applicant wished to put additional parking on lat 46. Title 12 of the Town Code defines a lot or site as: A parcel of lan~1 ©ccupied or intended to be occupied by a use, building, ar structure under the pr©visr'ons of this Tifie and meeting fhe minimum requirements of this Title. A tat ar site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Because a "Icat or site" may consist of a combination of lots, it was unnecessary to eliminate the common lot line to allow for additional parking to be created on l_ot 46. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilitiies, and public safety. Staff does not believe that the requested variance will have any negative impacts on the above referenced criteria. B. The Planning and Environmental Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or mare of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances tar conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. 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Box 151.5 Vail, Colorado 81657 May 14, 2001 Tawn of Vail Planning & Environmental Commission 75 South Frontage Road Vail, Gvlorado 81657 Re; A request far a minor subdivision and a variance from Section 12-6D-5 of the Vail Tawn Code to allow for the resubdivisivn of Lot 1, Strauss Subdivision, a resubdivision of Lots 46 & 47, Vail Village Wcst Filing Nv. 2, re-creating Lots 46 & 47 ,located at 1916 & 1936 West Gore Greek Drive. Dear Planning & Environmental Commission Members, 1 am requesting approval of a minor subdivision of an existing lot and variance to allow for the re-creation of two lots once legally platted and located within the Tawn of Vail. The purpose of this letter is to demonstrate how Mr. Strauss received incorrect information regarding the need to subdivide his property in 1990 and haw this proposal for a minor subdivision and variance request each comply with the applicable review criteria. The Vail Village West Filing No. 2 subdivision was platted and approved by the Eagle County Board of Commissioners in 1965, In 1986, the Town vf'Vail annexed the subdivision into the Town's corporate limits. Upon approval of the annexation, the Town of Vail zoned Lots 46 8c 47. along with all the other lots in the subdivision, Two Family Primary/secondary Residential. The rninitnurn lot size in the Two Family }?rimarylseeondary Residential District was 15,000 square fees with a configuration capable of enclosing a square measuring $0' X 80'. Richard Strauss received an approval of a Honor subdivision of Lots 46 & 47 in 1990. The approval eliminated the common lot line between Lots 46 & 47 and created a new Lot 1. According to the documentation in the Town's files, Mr. Strauss requested the minor subdivision at the direction of the Town of Vail Community Development Department as the solution to an on-street, parking in the right-of way problem.. On January 2, 1990, the Community Development Department sent a letter to Mr. Strauss statitag that a `;~3ark7'rtg lot "was not allowed in the fiwo Family PrimarylSecondary Residential zone district. At that time, the staff was recommending that Mr. Strauss subtzait an amendment to the allowable uses section of the zone district to include "~arfa'ng lets ". On December 10, 1990, the Community Development Department presented a memorandum to the Plamzing & Environmental Commission in response to a minor subdivision request submitted by Mr. Strauss- In Section 1 of that memorandum, the staff states that "parking" is only permitted as an accessory use to a residence. Staff further states that, "By combining Lot 47, which contains a single famii'~~ residence, with Lot 4~i, which is vacant, addiiional parking can be placed on Lot 4G. " The information and direction provided by the Community Development Department in 1990 was incorrect. Section 12-2-2 of the Town of Vail Zoning Regulations defines a "lot ar site" as, '".9 payee! of land occupied or intended to be occupied by a use, buildirrg, or structure under the provisions of this Title. and meeting the minimum regerirement.s of this Title.. :4 lot or site mrzu consist ,~ of a single fat of record, a portion of a lnt c~recvrd, u combination of lots of record or portions tlrerevf, or a parcel of land described 6y metes and bounds. " This def ttitian has not been amended since 1990. Accordinm to the above-described definition, it was not necessary for Mr. Strauss to eliminate the common lot line to achieve his desired results of providing additional parking for his residence. A timely example of haw this dcfrnition has been correctly interpreted and implemented is the Vail Valley Medical Center proposal before the Planning & ?=nvironrrrental Commission today. The medical center is located on Lats E & F. The surface parking area for the hospital is located primarily on Lot E, while the haspita] is located on Lot F and no subdivision eliminating the common property line is required. There are other examples as well (Gasthof Gramshanuner, Beaver Dam residences, A&D Building, May residence, cte_}. The tninar subdivision and variance requests comply with the prescribed criteria for revie4v. The request for a variance from the minimum lot size requirement is not a grant of special privilege. According to the Town's files, the vast majority of the existing lots in the Vail Village West Filing No. 2 subdivision do not meet the minimum lot sine requirements. if the variance is not approved, Mr. Strauss will be held to a higher standard . with regard to lot size (2I,083 sq. ft.} than the other owners in the vicinity. The average lot sine in the subdivision is approximately 32,OClt] sq, ft. in size. There are exceptions, extraordinary circumstances and conditions applicable to Mr. Strauss' lot that do not apply to other properties in the zone district and the subdivision. Unlike other properties in the zone district, the subdivision and the Town, Mr, Strauss was required to eliminate a common lot line when it was not necessary. Additionally, if'approved, rho resulting lots would be of similar size and configuration as the other lots legally platted. In this case, Mr. Strauss is asking to re-create two Cots as they once existed, Mr, Strauss is requesting the minimum amount of deviation from the applicable regulations by requesting that the lots be recreated exactly as they existed. The strict interpretation of the minimum lot size and site dimension regulations deprives the applicant of . privileges enjoyed by others in the immediate area. As previously stated, the average lot size of platted lots within the subdivision is approximately l 2,000 sq. ft.. Each of these lots is zoned Twa-Family Primary,~Secondary Residential allowing far two dwelling units per lat. An approval of this request rightfully re-establishes the applicant's ability to construct two dwelling units on each lot in accordance with the applicable land use regulations (GRFA, site coverage, building heights setbacks, parking, etc.). The minor subdivision application is appropriate in regard to the Town's policies relating to densities proposed, regulations, environmental integrity, compatibility with surrounding ]and uses, and the effects on the aesthetics of the Tawn. The proposed density allowed is two dwelling units per lot. with a maximum of 25 square feet of GRFA for each 100 square feet of lot area plus applicable credits (425, garage ~ EHLT}. The integrity of'the environment is not jeopardized as the proposed re-creation of the two lots is as originally platted and within an already developed. area of Tawn (in-fill}, Future development on the vacant fat is compatible with surrounding land uses as the fat remains zoned Twa Family PrimaryJSecondary Residential. Currently, the existing and potential uses in the vicinity of Lots 4fi & 47 are all residential in nature. The residential densities vary between single family, duplex and multi-family. Lastly, the aesthetics of the lots are subject to the site development standards (Title 14) and design guidelines (Chapter 11 }already adopted by the Town of Vail. Again, I am requesting an approval of a minor subdivision and variance to allow For the recreation of Lots 46 8c 47 within the Vail Village West Piling Ialo. 2 subdivision. An approval is appropriate as the purpose of the application is to correct an error from the past and, mare importantly, because the request complies with the criteria prescribed for requests of this nature. Resp ct fly Snbmitte , r Pat Dauphinias MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 2001 SUBJECT: A request for a conditional use permit, to allow for the consolidation. of 2 units within the CC2 Zone District, located at 12fi Willow Bridge Road/Lot K, Block 5E, Vail Village 1 ~' Filing. Applicant: Henry Anthony Ittleson, represented by K.H. Webb Architects. Planner: Allison Ochs I. DESCRIPTION OI= THE REQUEST The applicant, Henry Anthony Ittleson, represented by K.H. Webb Architects, is requesting a conditional use permit to allow for the elimination of a dwelling unit located in the Village Center Condominiums at 124 East Meadow Dr. The applicant is proposing to consolidate units 4A and 46, Building A of the Village Center Condominiums. The proposed connection will be accommodated by eliminating the common wall between the two units. According to Section 12-7G-3 (Permitted and Conditional Uses, in the CC2 District, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core 1 District. Pursuant to Section 12-7B-: (Permitted and conditional uses; above 2nd floor): the following uses shall be permitted on any floor above the 2nd floor above grade subject to the issuance of a conditional use permit: Any permitted or conditional use which eliminates any exisiing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permif. II. STAFF RECOMMENDATION The Community Development Department recommends approval of the applicant's request for a conditional use permit to allow for the elimination of one dwelling unit through the connection of two dwelling units at the Village Center Condominiums. Staff's recommendation of approval is based upon our review of the criteria outlined in Section IV of this memorandum. Staff recommends approval of this request subject to the following findings: That the proposed elimination of the dwelling unit is in accordance with the purpose section of the Commercial Core 2 Zone District. 2. That the proposed location of the dwelling unit to be eliminated will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity of the Village Center Condominiums. '~'~~~` ¢1f 11J S h~5 ~fS1S ~~ li'l1L 3. That the proposed elimination of the dwelling unit complies with each of the applicable provisions of the Municipal Code. III. BACKGRQUN® In reviewing this conditional use permit request, staff relied upon the goals, policies and objectives outlined in the various Town of Vail planning documents. While the purpose statement of the Commercial Core 2 Zane District specifically references the Vail L.janshead Urban iDesign Guide Plan, staff feels that due to the location of this property within the Vail Village Master Plan Boundary, it is more appropriate to consider the Vail Land Use Plan and the Vail Village Master Plan. The following is a summary of staff's review of the Town's planning documents: Munici~aal Code According to Section 12-7C-1, the purpose of the Commercial Core 2 Zone district is intended to: Provide sites far a mixture of multiple-dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Care 2 District in accordance with the Vail Lianshead Urban Design Guide Plan and Design Considerations, as adopted in Section 12-7C-15 of this Article, is intended to ensure adequate light, air, span space and other amenities appropriate 1a the permitted types of building and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards Vail Land Use Plan 1.1 Vail should continue to grow in a contral{ed environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The qua{ity of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan 1.12 Vail should accommodate most of the additional growth in existing developed areas (inflll areas). 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. 5.4 1=iesidential growth should keep pace with the market place demands for a full range of housing types. Vail VlNaae lVtaster Plan Goal #1 Encourage high quality redevelopment white preserving the unique architectural scale of the Village in order to sustain its sense of communi#y and identity. • • 1.2 Objective: Pncourage the upgrading and redevelopment of residential and commercial facilities. • IV. CONDITI©NAL USE PERMIT CONSIDERATI©N CRITERIA AND FINDINGS In accordance with Chapter tfi of the Municipal Code, an application for a conditional use permit within Commercial Care 2, the following development factors shall be applicable: Relationship and impact of the use on development objectives of the Town. Staff believes the applicant's request to eliminate a dwelling unit in the Village Center Condominiums will have minimal negative impacts on the development objectives of the Town. However, staff believes thaf the proposal will reduce the effective occupancy rate of the two units, which when compounded throughout the Town, could reduce the bed base of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff believes the proposed elimination of the dwelling unit will have minimal negative impacts on the above described criteria. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff 'believes the proposed elimination of the dwelling unit will have na negative impacts an the above described criteria. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and )bulk of the proposed use in relation to surrounding uses. Na exterior changes are proposed with this request. Therefore, staff believes there will be no negative impacts on the above described criteria. The Planning and Environmental Commission shat! make the following findings before carantina a conditional use oermit: 7 . That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated ar maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties ar improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the Zoning Regulations. 3 I~ ~ ~i ~I~ I,I Iii li ICI ICI BEDROOM: 3B ooa I BEDR40M:2B oo~ 11 .4I { i 1 ~C _. .._ BEDROOM:. IB Qos IRAiF 11G/1rMtf. R _ _ _ .,......,~,.aars J „moo +Y -~~ ~~~~, ~ 3Tf RaGE I ,I O __ _ „ ,,~ 0 : b~ LIVING ROAM: B ~ ] sr E LIVING ROO oos ooi + ^ ti ^ ~~~.~ ' ^ -_ _ ~ f1 ^ 17TLES0lV RESIDENCE RENOVATIt]N ~. H. YYC<Bv HA~C~CT~CT~ C'.~, } ! ~ie~e il~`p APARTMENYS A68' B'UIl"pING A ~~ ~u. wv~r,w FFl{11 I ~ rns-IAGE CEN'6ER CONDOM@NIUMS ~ !w'+'~"' 1 ~ wAIL COtORAQD fi ~ I T It~ ~' 8a7ic 19 9erVf Id • r: ~- ~` ., -~ 0 ~~-~ x j ~~1, ~'~ k^ J ' ~s F ~, 4., ~ ~ ~,r I c `r a - - ~p ~ ,~V~S.f+dYa'i f ~ ~Ir; O _ _ ~'_. `~ .a 'i ~~ ~ + F s t 1 ~ V , ~, .~ N r ~~ ~ ~ f j ~~ T~ 5 ' ~ ~~~ - }Z' ~~ R r~ m ~- F ~ ~ F `-~~. ;~ xi S~ C ~ ~ F ,1~EB8 ARCHITE~S PAC. ~ J ~wc~ R~~avA~rtc~r~ K H ~-- ITTLESON RE51~^"""- f` ~,~ "'" r- { ~ eussnsw~ A $~II ;I'.1~@SS AP ~E~~NTEF tONMsMIN1U~ ~ ~~ °~ Ydl +jl v~s-~'ca~0aaoa NIEMQRATJDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 2001 SUBJECT: A request for a conditional use permit, to allow for a seasonal structure within Lionshead Mixed Use 1, located at 715 West Lionshead CirclelLots 4 & 7, Block 1, Vail Lionshead 3`~ Filing and Lots C & D, Marcus Subdivision. Applicant: Vail Marriott Planner: Allison C7chs I. DESCRIPTION OF THE REt3UEST The Vail Marriott is requesting a conditional use permit to allow far a seasonal structure located on the existing tennis court site. In the past, the tent has been approved in conjunction with a special event. However, maintaining the structure throughout the entire summer, as the Marriott has requested to do, requires a cond'rtionai use permit. The Town Code defines a "seasonal use or structure" as: A temporary covering erected over a recreational amenity, such as a swimming pool or tennis court, for the purpose of expanding their use into the cold weather months. such seasons! covers may not be in place for more than seven ~7) consecutive months of any twelve (12) month period. Far the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk controf standards. Any seasonal use or structure shall require a conditional use permit in accord with Chapter 16 of this Title and is subject to design review. The applicant's letter of request, specifications for the tent, and a reduced site plan have been attached for reference. II. REVIEWING BOARD ROLES - CONDITfONAL USE PERfiAIT Planning and Envirortimental Commission: The Planning and Environmental Commission is responsible for approval/denial of a Conditional Use Permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. ~. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian ,~~. TOWN' Olt YATL ~~ safety and convenience, traffic flow and control, access, maneuverability„ and removal of snow Pram the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board: The Design Review Board has no review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. III. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve the applicant's request far a conditional use permit to allow far a seasonal structure 9ocated at located at 715 West Lionshead CirclelLats 4 & 7, Black 1, Vail Lionshead 3`d Filing and Lots C & D, Marcus Subdivision, subject to the criteria as described in Section IV of this memo and the fallowing fiindings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. ~. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, ar welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. If the Planning and Environmental Gammission chooses to approve this request, staff recommends the fallowing condition of approval: That the applicant shall not erect the tent prier to April 3Q`h and the applicant shall remove the tent no later than October ~1s` of each summer of operation. IV. REQUIREa CRITERIA AND FINDINGS -CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: Relationship and impact of the use on the development objectives of the Town. The Marriott is located within the Lionshead Mixed Use I zone district The purpose of LMU1 is The Lionshead Mixed Use 1 District is intended to provide sites far a mixture ofmultiple-family dwellings, lodges, hotels, fractic~na! fee clubs, time shares, ledge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified 2 development. Lionshead Mixed Use f District, in accordance with the Llonshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and ether amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifcalJy developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential float area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent ro redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities wil! be evaluated: sfreetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Staff believes that the proposed seasonal structure is consistent with the purpose of the Lionshead Mixed Use I zone district. The tent provides additional facilities far the hotel, while ensuring adequate light and air. The Harriett is also governed by the development objectives as stated in the Lionshead Redevelaprnent Master Pfan. Of the six Policy Objectives outlined in the Lionshead Redevelopment Master Plan, staff has identified the fallowing objectives as applicable to this proposal: 2.3.7 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment fo become a warmer, mare vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additiona! activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. The Lionshead Redevelopment Hester Plan specifically identifies the tennis courts as an infill opportunity: There are several tennis courts on the south side of the Marriott. This area presents and opportunity tar low-rise infill development 3 that eases the visual and physical transition from the existing structure to the Gore Greek recreation path. Staff believes that because the use is seasonal, there will be no effects on future development potential of the tennis court site. In addition, the tent allows the Marriott to schedule additional events, enhancing the guest experience. Therefore, staff believes that the proposal is consistent with the Lionshead Redevelopment Master Plan. in addition, staff has identified the following goals and objectives from the Town of Vail Land Use Plan, which staff believes apply to this proposal: 2.4 The community should improve summer recreational arrd cultural opportunities to encourage summer tourism. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, an-going events and sanctioned "street happenings"should be encouraged. Staff believes that because the conditional use permit would allow additional activities to occur at the Marriott, including special events and public and private events, the proposal is consistent with the Town of Vail Land Use Plan. According to the applicant, approximately 50 events, ranging from weddings to breakfasts are scheduled to occur within the tent. 2. The effect of the use an light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that the proposed use will have negligible effects on the above-mentioned criteria. However, the tent does render 2 of the tennis courts unusable. The remaining ~ tennis courts are being used for construction staging. Therefore, none of the tennis courts are usable this season. Because of the temporary nature of the tent,. staff believes that there is no effect on the use of light and air. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flaw and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed use will have negligible effects on the above-mentioned criteria. Because the tent will only remain up during the summer months, there is no effect on snow removal from the street and parking areas. 4. Effect upon the character of the area in which the pr©posed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. As a seasonal structure, the proposed tent is not subject to bulk and . mass standards of the Lionshead Mixed Use 1 zone district. Because it is temporary in nature (only the summer months) staff believes that there 4 will be no effect on the character of the neighborhood. The capacity of the tent is appr©ximately 650 people. There are no exterior lights proposed in conjunction with the tent. B. FINIDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare ar materially injurious tq properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. • • 5 '~ / ~' J ~~~ ~A~arr~o~f. r~aurvra~N RESQRT & 5F'A INTERQFFICE MEMO Date: May 21, 2001 To: Allison Ochs From: Matt Vinland Director of Marketing Subject: Application for ~lanninb and Environmendal Commission Approval Copies: Allison, Descriptions from application are below: 1. No impact on development objectives of the town. 2. INTO impact effect of light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities. Public facilities are utilized in the Marri©tt, ~. No effect an traffic, as groups are already at the Marriott. 4. Improvement on area, as tent is an attractive sununer addition, placed over 2 unused te3ulis courts. • 3 ti e S z A ;_ ~ i`o ~ q] x; e y.C q: x 5 z ~ C' rp'~ ~ ,., i ~ i!: ~; i d x (i,WSNEAa Al sLE, f44'+ 1 ~ ., t R ~~, ~ ~ ~ ~ tip zr sS d +% a ' f 14C215 Y 7~A l i~~~ C +. 5r ' '~~ 1S F 7 i' S3 ~ i 11 A i .i ;s;AI 2ilr e.~t Ay]5. AS-,+ i 5 ?~ sK ~ F -. + 3 `r ~; ~ t i s~'r 1 to ° ~ 4k~ !+% y ., .~ +~ y ry Y ~ A{ 0 Y'' y f i t ~S~eyi~ t~1 yerb S `~ Ae~1 pti. 3A r xs ~ s 5 _ S ~ + ~~E r ] ~$ +.rts~ ~ ~~ y g s - 5 3 g~3 a"aa;§; e., i.?..d <. ~; ~ ~ ^1.. '.7 ,~. +.r. J .4~.e t, $r ~ ?~. .. ~ .:~y S'_ . i f -t i ?~y1 - Y'. s ~ a5 ;, ti Z;Ott t ~C 3 1 1 ,~k ~ ~' ~ AF Si ?; 3 i ~ ,(„ s t S ~ r ; w ~£a A ~- t Ai._ 1 £ -I C .y~ A '~~ ri :~k ~ s h ' I e 5 ~7 ~'- i ^4q . + ). _1~ i i -~~~ r ~ ~~ h'' B1Y yiikl ~ e C.~) 3 .S# ~Z~.i a I • i~ i ~ ~ . `~ AcadaSpan Applications Banquets Hotel MultiPurpase Parties & Special Events Paal Enclosures Tennis Facility Skating Rinks Indoor Soccer Exhibits & Trade Shows Educational Centers Wildlife C)bservation Amusement Parks Gaff Tournaments Motion Picture StudioJTheater Covered Arenas Churches VIP Suites Ski Parks Public Works Construction Enclosures Disaster Relief Band Shells Military Gaming Casinos ~' ~~~ ~,, • • Ac~d~S do The easy to assemble structure • Quality, Service ... Made in America, the AcadaSpan has been field tested and carefully engineered to withstand winds of 70 mph to 120 mph and can be purchased with snawload capabili- ties. Specially designed far rain and snow to slide off, you can safely hold events in all weather conditions.. AT&G AcadaSpans' profiles allow you to maximize the size with the minimum of casts. Add Stele to Any went It's easy to add style to any event with liners, lighting, and wood floor systems, to name just a few of thE~ accessories avail- able with AT&C's AcadaSpan. (See back ,page for m©re accessories.) conomical ^ 20' beam spacing equates to lower construction and ship- pinn rusts ^ re ^ pr dE ^ nc ~~~ • • ~:.. Modular • ~ 3a° I aa' ~ ~o' I 60~ I ~°° - I 80' _ I ,oa' I ~za' i AcadaSpan comes in widths up to 200', features three basic extrusions, and has a 20' beam spacing, whereas most others have only a 16' spacing. With fewer beams, the structure becomes lighter weight, which equates into reduced costs. Yet, lust because it's light weight doesn't mean AcadaSpan isn't durable. This structure is engineered to withstand winds of 70 mph to 120 mph. 'Ztzes r~ ~d span ing a Liner Lighting HVAC ~~°°`ACAOE.INY TIENT nrur C.A l4 ~q~ ~~ ~"P RY•41NC ~N CA*~~'n~ Corporate Headquarters {` -__ 5035 Gifford Avenue, Los Angeles, CA 90058 (800) 22TENTS FAX: (323) 277-8380 web site: www.academytent.com San Francisco KentucMcy (415) 332-0484 (502) 647-3454 Panorama Windows French Windows Double Solid Door Dvubie Aluminum Glass French Door Sunburst Window • MEMQRANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 2001 SfJBJECT: A request for a variance from Section 12-6D-9, Vail Town Code, to allow for a residential addition in excess of allowable site coverage, located at 111 ~ Hornsilver Circle/Lot $, Block 1, Vail Village 8th Filing. Applicant; Carol Collins, represented by Arris West Architects Planner: Bill Gibson 1. BACKQRQl1ND AND DESCRIPTIQN QF THE REQUEST The applicant, Carol Collins, is requesting a variance to allow far a residential addition with site coverage in excess (116 sf) of what is allowed by the Two-Family Primary/Secondary Residential zoning regulations. The Two-Family PrimarylSecondary Residential zoning regulations allow a maximum site coverage of 20% {1,787 sf) of the total site area (8,934 sf). The applicant is proposing site coverage of 21.7°tn {1,938 sf) of total site area. Site coverage requirements for lots in the Two-Family primary/Secondary Residential Zone District are described in Section 12-6D-9, Vail Town Gode. Proposed and existing plan reductions have been attached for reference. The applicant's representative has expressed the reasoning for the site coverage variance request in a letter dated May 11, 2001; which has been attached for reference. The applicant is proposing an addition to the narlheast portion ofi the residence. Only 35 square feet of site coverage is currently available an site and the applicant is proposing to construct a 151 square foot addition, all of which constitutes site coverage. Available site coverage under Cade provisions = 35 square feet Site coverage proposed for addition = 151 square feet II. STAFF RECQMMENDATIQN The Community Development Department staff recommends that Planning and Environmental Commission deny the applicant's site coverage variance request subject to the following findings: 1. That the granting of the site coverage variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the PrimarylSecondary Residential Zone District, 2. There are no exceptions or extraordinary circumstances or conditions applicable to this site that do not apply generally to other properties in the Primary/Secondary Residential Zone District. I ~ ~~ TOWN (JF Y~IL ~ 3. That the strict interpretation or enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by the owners of other properties in the PrimarylSecondary Residential Zone District. III. REVIEWING BOAR© ROLES -VARIANCE Order of Review: Generally, applications will be reviewed first by the PEC for impacts of the proposed variance and then by the DRB for compliance of proposed buildr`ngs and site planning. Planning and Enrrironmen#al Commission: ACTION; THE PEC IS RESPONSIBLE FO'R FINAL APPROVAUDENIAL OF A VARIANCE. The PEG is responsible for evaluating a proposal far. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of'the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board_ ACT10N: THE DRB HAS NQ REVIEW AUTHORITY ON A VARIANCE, BUT MUST REVIEW ANY ACGQMPANYING DRB APPLICATION. The DRB is responsible far evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision far snow storage an-site - Acceptability of building materials and colors - Acceptability a# roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - The design of parks 2 Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Ill • V. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. ZONING AND SITE STATISTICS Zoning District: PrimarylSecondary Residential District Lot Size: 8,934 square feet {0.205 acres) Minimum Required Lot Size: 15,030 square feet Standard Allowed/Required Existing Proposed GRFA Site Coverage Setbacks Front Side Rear Parking 2,659 sf + 250 sf 1,787 sf {20°I°) 20 ft. 15 ft. 15 ft. 3 spaces 2,486 sf 1,752 sf {i9.fi%) 20 ft. 15 ft. / 20 ft, 37 ft. 2 enclosed/1 surface 2,fi37 sf 1,938 sf (21.7%) no change na change f 15 ft. 35 ft. no change CRITERIA AND FINDINGS -SITE COVERAGE VARIANCE A. Consideration of Factors Reaardina the Site Coveraoe Variance: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff does not believe the proposed addition, if constructed, will have a negative effect on other existing or potential uses and structures in the vicinity. The proposed addition is only 151 sq. ft. in size and would be located in the rear of the house between two existing decks. Existing mature vegetation on the site will screen the proposed addition from adjacent properties and public view. • 2. The degree to which relief fram the strict and literal interpretation and enforcement of a specified regulation is necessary #a achieve compatibility and uniformity of treatment among sites in the vicinity ar to attain the objectives of this title without a grant of special privilege. Staff believes an approval of the requested site coverage variance would result in a grant of special privilege. Site coverage variance requests for neighboring properties have been denied in the past. This lot is $,934 sq.ft. in total size and does not conform to the 15,OQ0 sq.ft. lot size requirement of the Two-Family PrimarylSecondary Residential Zone District. Since this neighborhood was subdivided in the 1960's under Eagle County jurisdiction, t?8% of all lots in this area are non-confirming with regard to !ot size. However, all structures built in this neighborhood (since the adoption of zoning regulations) are in compliance with site coverage provisions. The two exceptions (Lots 1 3, Vail Village Filing $~ were constructed prior to the adoption of zoning regulations on non-conforming lots (lots less than 15,OOQ sf). A site coverage variance request for Lot 3 was denied on 9122/97. In their denial of this request, the PEC stated "the granting of a site coverage variance at this location would constitute a grant of special privilege." The following table summarizes site coverage allocations for the applicant's lit and 24 other properties within the adjacent subdivisions. Staff does not believe that lot. size is a unique circumstance or extraordinary condition that impacts the applicant's lot in such a manner as to warrant a deviation fram the site coverage requirements of Section 12-6D-9 of the Vail Town Code. Staff believes there are design alternatives available to improve this property without exceeding the maximum allowable site coverage. ~~ ~J 4 Table 4, i -Site Coverage Allacafions for neighboring properties • Lot 1 Tract 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 Block 8 6 8 6 8 8 6 6 8 8 6 6 6 1 _.1 Subdivision Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing 7 Vail Village Filing $ Vail Village Filing 8 Vail Village Filing 8 Vail Village Filing 8 Vail Village Filing $ Vail Viilage Filing 8 Vail Village Filing 8 Vai! Village i=fling S Vail Willage Filing 8 Vail Village Filing 8 Site Coverage 2(3% 17.8x% 19.20% data not available 19.90% 12..80% data not available 19.80%° 19.60% data not available data not available data not available ~ 15.sa°~° ~ 13.10% 19.90% 23.70°/a 17°fa 21 °i° 19.30% 18.80% data not available 20%° 79.60% data. not available 19.51)% Site Coverage Variances 1 Lot Size Add'I site coverage variance request denied {5/81(3©} conforming lat (15,942 sf~ None /conforming lot (19,6(32 sf) None /conforming lot (19,480 sf) None fnon-conforming lat (14,087 sf) None /non-canforming lat (11,717 sf) None 1 non-conforming lot (11,986 sf) None 1 canforming lot {17,425 s#) None 1non-confarming lot (11,962 sf) None !non-conforming lot (11,962 sf) Nane !non-canforming fat {13,622 sf) None /non-conforming lot (13,530 sf) Nane /confarming lot (22,259 sf) None 1 conforming lot (16,045 sf) None /non-confarming lat (12,824 sf) None J conforming lat (23,479 sf) *Approved, pre-existing !non-conforming lot (9,322 sf) Nane /non-conforming lot {9,808 sf) *Fre-existing, add'f site coverage variance denied {9122!9' !non-conforming lot (11,535 sf} ~ None Inon-confarming lat (11,494 sf} None /non-confarming lot {7,880 sf) None 1 nan-canforming lot (13,147 sf) Nane Inon-conforming lot (8,969 sf) Nane /non-canforming lot (8,994 sf) ~ None /non-conforming lot (10,637 sf} None /conforming lot {18,097 sf) Lots lisfed in bold fype Indicate devr`ations from life coverage reguiafions. "data not available" indicafes strucfures builf prior to planr3ing/zoning regulafion. 3. The effect of the requested variance on light and air, distribution of population, transpartatian and traffic facilities, public facilities and utilities, and public safety. 5tafif does not believe this proposal, if constructed, would have any negative impacts on the above-referenced criteria. 5 B. The Planning and Environmental Commission shall make the following findings before granting a site coverage variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety ar welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or mare of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions ar extraordinary circumstances or conditions applicable to the same site of the variance that da not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. • • 6 Ards ~e st Architects P C 7' b e d e f t~ t n ~+ e d g e r'~~ May 11, 2001 APPLICATION FOR PLANNING AND ENVIRONMENTAL COMMISSION APPROVAL Collins Residence Remodel: Lot 8, Block 1, Vail Village Filing $; 1115 Hornsilver Cr. Vail, Colorado Written Statement: Ms. Carol Collins is requesting a variance on site coverage for the addition of a 151 sq.ft. proposed building addition (Guest Bath and Closet). The existing site coverage is 1,752 sq.ft. The allowed site coverage is 1,"7$7 sq.ft. The remaining allowed square footage is 35 sq.ft. She is therefore requesting 1 l6 sq.ft. of additional site coverage. (1,752 + 35 = 1,7$7 allowed; 1752 + 151 = 1,903 required, 1,903 -- 1,.787 = 116 requested). According to town staff GFFA is not a factor in this request. The reason for this request is due to the small size of the lot compared to other Iots in the general vicinity, the need to upgrade (modernize) the house, and to keep in line with other property values in the neighborhood. 'The proposed addition would not add J appreciably to the existing mass of the building, the proposed addition being under an existing (waterproofed) deck. 'The location of the proposed addition is also heavily screened by large fir trees and is not readily visible from adjacent properties. Ms. Carol Collins has obtaizaed permission from adjacent lot 9 owner, Bill Duddy, for this addition (see attached letter). Submitted by Owners Representative: ~~- Glenn J. I-~arakal, Architect Arris West Architects, PC ~i ~f*1~1 ~~ ~' ~, .lC3H! ~ ~~d HARf4~c~,1: <~ C-4~~9 • 74 1 E3 u l l Run Post C)ffie'c Box 4 182 Ca};le Co to r~tclo t; 7 f,:i 1 1'rlcpl7onc: (970) 32A•4+)44 • Pax: (9?0} i2$-4943 L-mai€: arrisr~^ailnct /`-- ~-.... `--e ..._,~ ,s rn z I~ ~ -~...., :'~ f ,- r ,! 1 ~, f _., ~+~ ~ ~ ~' ,~ ~` ..: I !f :ia ~-~- -=a 4 a ~, .r ti, kl - _- ~ f ~pLLIN O ~IL,~R CIRCLE ~~~ _ ~- -~ , ~ LpT aai.~t~~" ---- I ~i ~` sc~ p~.Ar~ I _..~ €`,.-1 I I 0 I i i i i A P a -~' 4 ~ I t ~ ~ ~ ~~ ~~ ~ { r ~ r~Y == ~ ~(' J ~ ~ i ~~ ~ ~ ~ ~ ~~ J1` ~ ~-- ~ ~ ~ j 9 s y,.~', is L~ ~\ J . ~ ~R ~~ ~~ L_ ._ _ _. ~'_ _.. __ _~_ I I ____ ~ ~ ~ COLLTNS RESIDENCE REMODEL [ ~ ~ ~~ - 'e ~ g PARTIAL FL08R LQ'I' 8, H4RNSILVER CIRCLE ,]= _ PLAN ; ~-, Vasl, Co3orazla - ?t`Z • D N ~n D -~ a T • Tl - - _ J1 ~ ~ ~ _ n ~ `~, ~_ ~, ~G.r~ ~~ ~ ~ '~ - ~~ {--~ j ~~ ~ -- „~ . _~ ! ! ~ ~ ~ ~ Y EAST ELEVATION COLLINS RESIDENCE. 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'+fc s+ ~ y _~ ::~~ g .. ~ ~ .~~i ~y _: 972 ;~ +'~~ Y'r. r- k: ,r ~ :~.~+~'ki =14; Y• t. ~ ~~ 7 f 1 ~ w' ;~ ~tf W~ aS .r! h ~ ~~~ `'' ~ ~ s ~ ,, a "e la~i 111 ~p J ~~ ~t`.„, r• IL 1 ~ "1l11~~4 0l . ~ ~ ' I .~ 'r`. ~ . .. i atl~ ~ ,~. iii p~ _ .~ ~ iy r7 I r' III ~ : "r R.' . ~~- ,~ =a ~ , r ~ __ ~~~ --_- e j "s ~ ,' ~I,, ~~ c: I e s ~~ _ I - ~" ' ~ , _,~ - ~~ ~ I r. i ~F G~ -- L i ~~ '. i~ ;~ ., - ~ ~ rat ~~ - ~ ~~~ _.1 ,' ~'~ ~ ~` ~~~ _ ;; Y _ "' ~. ~} !! d 4rt- - ~°[, i ~` sj g~ ~ ;. a. ~ ` Y ,~ , !'a ' ~ ~ S ~1 `,a t i :i i~ a ~ ~$ ~1 J ll! 0 tLl + • • • w MEMQRANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 2001 SUBJECT: A request for a minor subdivision, to allow for the correction of errors in the platting of Tract J, Vail Village First Filing, located at Vail Interfaith Chapel, 19 Vail Road 1 Tract J, Block 7, Vail Village First Filing. Applicant: Town of Vail Planner: Brent Wilson I. DESCRIPTIQN ANQ BACKGRQUND C3F THE REQUEST In 1998, the Planning and Environmental Commission (PEC) granted a conditional use permit to allow for the expansion and remodeling of Vail Interfaith Chapel. A portion of the chapel's existing improvements were located on Town of Vail property (Parcel A). Pursuant to the PECfVail Town Council's approval, the town is granting encroachment easements for the chapel due to errors in the original platting of Tract J. The purpose of this minor subdivision application is to plat (and to legally formalize) the easements for the chapel's encroachment onto Parcel A. The subject property is zoned General Use, II. STAFF RECdMMENDATION Based on the criteria outlined in Section III of this memorandum, the Department of Community Development recommends approval of the request for a minor subdivision, subject to the following findings: That the application is in compliance with the intent and purposes of the Subdivision Regulations, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. The Community Development Department also recommends the following condition of approval: 1. That the applicant records the approved and signed plat with the Eagle County Clerk and Recorder's Office by no dater than June 11, 2Q02. 1 ^,,~, TDW?V aF YAII ~} r-~ I.~ III. MINER SUBDfVISIE~N CRITERIA A basic premise of subdivision regulations is that the minimum standards for the creation of a new lot(s) must 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 Punning and Environmental Commission for a Minor Subdivision application is: l of Area: There are no minimum lot size requirements in the General Use Zone District. Additionally, the applicant is not proposing to alter the size of the existing parcel(s). Frontage: There is no minimum frontage requirement in the General Use Zone District. Dimension: There are no minimum dimension requirements in the General Use Zone District. Additionally, the applicant is not proposing to alter the size of the existing parcel(s). Staff Response: Staff believes that the proposed subdivision meets the minimum lot standards as specified by the General Use Zone District. 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 13-3-3C. The Planning and Environmental Commission shall review the applicatr'on and consider its appropriateness in regard to Tawn policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects an the aesthetics of the Tawn. 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. 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 all subdivision review criteria. 2 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Staff Response: Under the provisions of the General Use zoning, land development applications for the property must ga through the conditional use permitting process. The purpose of this process is to ensure that development proposals are "located properly with respect to...their effects on surrounding properties." The standards outlined in the Subdivision Regulations, coupled with the land use controls established in the Town's Zoning Qrdinance, are intended to avoid or mitigate any potential conflict with development on adjacent land. 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. 4. To ensure tha# 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: The purpose of the proposed minor subdivision is to record and formalize the improvements constructed under the approved General L7se • development plan for the chapel. Staff has verified the location of the improvements and encroachments into public property are in accord with the PEC and Town Council approval. Therefore, staff finds that the proposed minor subdivision is in compliance with the Town's zoning ordinances. 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: This goal of the Subdivision Regulations is intended to ensure adequate public facilities are provided concurrent with land subdivision. The property is served by sanitary sewer, water, electric and gas. Pursuant to the Town of Vail Carrying Capacity Study, staff believes sufficient capacity exists at this location to facilitate the subdivision request. 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. • 3 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: The related conditional use permit application #or the chapel involved a floodplain report and the use of best management practices for sediment and erasion control. Staff believes the minor subdivision request complies with the above-described criteria. 4 . ~ i ~ m `~ _ ~ ~' .~ f ~ ~ ~m "' ~ 39.97 ~~.' ~. ~: ~- tits ~~. , ,~ +~ ~ 1 n~ o _ •` ~ ~ .D~ ~cn ~/ ' ~ ,. 1 t ;~i~., --I 1 ~ ~ Z ~ I '.i0.'--I~C7, . _ ~ ~~ - .~ r ~_r.' r:,~ r - ~ ! r r ~ ~ 1~ i 2~ ~ r f 1' r 'o m.; ~ A s r ~ O w r- C ~~ r ~ ~ - . `~ ~ ~ /`~~ .t*~ p~ u! m f\j Approved June 25, 2001 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTSIMINUTES Monday, June 11, 2001 PROJECT ORIENTATION 1- Camrnunity Development Dep#, PUBLIC WELCOME MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden Jahn Schofield Doug Cahill Dick Cleveland Site Visits 1. Vail Marriott - 715 West Lionshead Circle 2. Collins residence - 1115 Hornsilver Circle Driver: George 12:00 pm 1:15 pm ~~ NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A report of a staff decision, approving a minor amendment to the approved development plan for the Golden. Peak Ski Base, allowing for the expansion of the Wreck Room Restaurant and Passport Club, located at 498 Vail Valley DriveJTract F, Vail Village 5°~' Filing. Applicant: Golden Peak Ski Base Planner: Ann Kjerulf Ann Kjerulf presented an overview of the staff decision, the conditions imposed and the factors considered. Galen Aasland asked if there was any public comment. There was no public comment. The PEC did not wish to call the item up, so the staff decision stands. 2. A request for a conditional use permit, to allow for the construction of an athletic field, located at 610 N. Frontage Rd. WesU A portion of Tract G, Vail Potato Patch. A full metes & bounds legal description is available at the Department of Community Development. Applicant: Town of Vail Planner: Allison Ochs MEMBERS ABSENT Brian Dvyon ti ai f'DI~N OF YAlL Approved June 25, 2001 ` John Schofield moved to table the item to June 25rh. Doug Cahill seconded. The motion carried ~-fl. 3. A request for the review of a proposed text amendment to Chapter 1 ~, Design Review, of the Zoning Regulations to allow for procedural changes to the performance bond process as prescribed in the Vail Town Code. Applicant: Town of Vain Planner; George Rather/Russell Forrest Brent Wilson described the current situation with respect to performance bonds and temporary certificates of occupancy, including some of the problems with the existing system. Brent used the Southwest BuilderslCortina case as an example of how the current system is inadequate. Brent gave an overview of the proposed changes to the performance band process as descrfbed in the staff memo. Diane Golden asked if businesses would mind getting estimates. John Schofield stated that it would be difficult to get landscaping contractors to commit to doing work at a later date. Chas Bernhardt stated that he did not agree with having pre-established dates, due to extenuating circumstances which may arise. Dick Cleveland stated that he was in agreement with Chas. He stated that it would be difficult to obtain more than one bid. He agreed that 250% is a reasonable amount to obtain as a bond. He stated that it is not the Town's role to protect the owner ar contractor. . Doug Cahill stated that he felt that 25fl%° was too high. Brent Wilson described how the current bond process works with respect to obtaining bids. John Schofield stated that the proposed change puts the Tvwn back into the position of General Contractor. He suggested that staff should create a sef of guidelines which have to be met prior to issuance of a TCO. John stated that the proposed changes need to have more teeth ~ to change the wording from shall to must.. John stated that the 25fl% proposal is not out of line and that the letter of credit format is much simpler to use than the escrow format. Brent. Wilson stated that under the UBC, there is no required CO for R3 properties and that a C© process has been something that the real es#ate community has demanded. Brent referred to the Ackerman residence as an example, where the amount of money held in escrow would be insufficient to cover the costs of completing the landscaping on this 'property. John Schofield suggested that 25©% is appropriate in addition to anon-refundable administrative fee. Chas Bernhardt stated that Town would not want to be a General Contractor, but there are situations where it might be necessary. John Schofreld stated that a structure which avoids the Town being a General Contractor is more desirable. Dick Cleveland stated that staff should not have to seek bids and that the burden should be on the contractor to obfiain bids. John Schofield stated that it is difficult to obtain bids late in the year.. Diane Golden agreed that the 25fl% is reasonable. She stated that it might be difficult to get more than 2 Approved June 2~, 2001 one bid. John Schofield asked if it would be possible for the Town to get a lien against the property until the work is completed. Brent Wilson stated that this ability does exist according to the current Town Cade, John Schofield stated that this concept should be investigated further. Galen Aasland asked for further clarification on the Southwest Builders situation and who is paying for it. Brent Wilson stated that the Town is collaborating with the bank to take care of the situation. Galen Aasland stated that he is concerned that it will be difficult getting bids in the fall and that the Tawn should do what ever it can to avoid becoming a contractor for a project. He said that this draft does not address the issue of homeowners doing their own work without a contractor. John Schofield and Dick Cleveland suggested using a lien on the property as a mechanism far enforcement. John commented that this will not affect cash transfers for real estate and commented that enforcement is the key to resolving these situations. Chas Bernhardt asked if contractors could be prevented from being issued other building permits until a TCO has been completed. Dick Cleveland and John Schofield commented that this may prevent a contractor from working if they are involved in a legitimate ownerlcontractordlspute that may be in court for a long period of time. John Schofield recommended that the Tawn establish standard criteria for TCO"s. Galen Aasland stated that the Building Official's discretion should be preserved on matters of TCO"s. Brent Wilson stated that the Town has not issued TCO's when there are outstanding tJBC issues; anly for outstanding DRB issues like landscaping. Galen Aasland stated that there is often a punch list created fdr TCO's. John Schofield stated that minor DRB issues do nat. appear on those punch lists. Brent Wilson stated that Planning and Public Works now identify their issues on TCO requests. Chas Bernhardt moved to table this item.. Dick Cleveland seconded the motion. The motion passed by a vote of 6-0. 4. A request for a minor subdivision and a variance from Section 12-6D-5 of the Town Code, to allow for the resubdivision of Lot 1, Strauss Subdivision, a resubdivison of Lots 4S $~ 47, Vail Village West Filing IVa. 2, re-creating Lots 46 & 47, Located at 1916 & 1936 West Gore Creek Drive. Applicant: Pat Dauphinais, representing Richard Strauss Planner: Allison Ochs Allison Ochs gave an overview of the staff report, findings and recommendation. Pat Dauphinais spoke on behalf of Richard Strauss, the owner of record on the property. Pat stated his client had the authority as owner to proceed through the PEC process. There was no public comment on this item. 3 Approved June 25, 2001 Doug Cahill stated he thought the previous misinformation leading to the lot vacation created a hardship. John Schofield agreed with Doug and noted the majority of the lots in the neighborhood were non- conforming. Diane Golden agreed with John. Dick Cleveland agreed with his fellow Commissioners and stated small lots were in character wi#h the neighborhood. Dick requested a condition that the existing surface parking encroachment be removed from the right-of-way. Chas Bernhardt stated he supported the request. Galen. Aasland stated the previous misunderstanding constituted a hardship for the applicant and that the variance was warranted. Galen requested additional review from the Town Attomey, given the issue of foreclosure on the property.. Pat pauphinais spoke about the parking issue. Pat stated the parking was no longer needed since the home business was no longer in operation. John Schofield moved to grant both requests, in accordance with the staff memo findings and condition, with the additions that the Town Attomey approve the plat prior to filing, and that the parking in the right-of-way be removed or brought into code compliance prior to construction of a new building. Chas Bernhardt seconded the motion. i The motion can!ied 6-t). 6. A request for a conditional use permit, to allow for the consolidation of 2 units within the CC2 Zone District, located at 12~ Willow Bridge RoadlLot K, Black bE, Vail Village 15} Filing. Applicant: Henry Anthony Ittleson, represented by K.H. Webb Architects. Planner: Allison ©chs Allison Ochs briefed the PEC on the application, the criteria and findings far a conditional use permit and the staff recommendation. Kyle Webb spoke on behalf of the owners. He stated the units had never been rented in the past. There was no public comment. Dick Cleveland stated he agreed with the staff memo. Chas Bernhardt also agreed. Doug Cahill stated he agreed with the staff memo. John Schofield had no comments. Diane Golden stated the application brought the project closer into compliance. Galen Aasland stated he thought it could be bad for the town. Doug Cahill waved to grant approval of the request, in accordance with the staff memo. Chas Bernhardt seconded.. 4 Approved June 25, 2x01 The motion carried 6-0. 7. A request for a conditional use permit, #o allow for a seasonal structure within the Lionshead Mixed Use 1 Zone District, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3`d Filing and Lots C & Q, Marcus Subdivision. Applicant: Vail Marriott t~lanner: Allison Qchs Allison Qchs gave an overview of the staff memo, including the criteria and findings associated with conditional use permits. Matt Vansant, the Director of Sales and Marketing for the Marriott, made himself available far questions. Dick Cleveland stated that he was in agreement with the staff memorandum. He raised a concern regarding existing site conditions. He stated that the conditional use permit should be renewed annually to ensure that the site is main#aaned. Chas Bernhardt agreed with the comments made by Dick. Chas mentioned sections of fence to the east of the existing. construction site and noted that there is a safety hazard. D©ug Cahill stated that he was concerned with the quality and appearance of the tent and that the quality of the averall product should be improved in the future. Matt Vansant stated that the Marriott has future plans to create a higher quality product. John Schofield stated that the site issues would have to be addressed prior to renewal of the conditional use permit. Galen Aasland stated that he was in agreement with the other Commissioners and that a conditional use permit, which would have to be renewed annually, was appropriate. He suggested tha# once construction is completed at the Marriott, that the transparency factor associated with other sites in Lionshead be applied to this site. John Schofield made a motion for approval, in accordance with the staff memo, with the condition that equipment be screened at all times, that the cup be valid for one year, and that appropriate landscape screening be appfied. The motion was seconded by Doug Cahill. Ghas Bernhardt asked if the motion could be amended to include repair of the construction fences. Dick Cleveland asked that the application for a conditional use permit be supplied prior to the tent being erected in the future. Galen Aasland asked if there was any further comment. There was no further comment. The motion carried 6-{?. 8. A request for a variance from Section 12-+6D-9 (Site Coverage}, Vail Town Code, to allow for the construction of an addition to asingle-family residence, located at 1115 Hornsilver Circle ! Lot 8, Block 1, Vail Village 8'" Filing. Applicant: Carol Collins, represented by Arris West Architects, PC Approved June 25, 2001 Planner: Bill Gibson Bill Gibson gave an overview of the staff memo, stating that the staff recommendation was far denial. Doug Cahill stated that he was in agreement with the staff memo and that approval of the variance would be a grant of special privilege. John Schofield stated that the slope of the lot should be a consideration because a portion of the lot is quite steep. He also recognized that the size of the lot, being non-conforming, could be considered a factor in granting the variance, Dick Cleveland stated that he was disturbed by the lack of the applicant's ar architect's presence at the hearing because he was unable to solicit. any feedback or information from the applicant. Chas Bemhardt stated that he was not in agreement with the staff memo and that the granting of the variance would not be a special privilege. Galen Aasland stated that this would not be a special privilege, due to the fact that the lot is non- conforming with respect to size. He also no#ed that the item should be tabled due to the architect and applicant not being present. Arris 'West Architects, representing the owner, stated that the owner wished to update the house, which was constructed in the late 7D's. Dick Cleveland asked the applicant what attempts were made to design the addition without the need for a variance. • The applicant stated that it was not possible. Chas Bernhardt stated that he felt the slopes and the size of the lot and the existing structure were factors in the variance, and that he did not see it as special privilege. Doug Cahill stated that he believed the extent of the variance was excessive, especially considering i# was for a bathroom. John 5chofieid stated that the reasons the applicant stated in his letter da not warrant a variance, but the steep slopes and the small lot size would overcome special privilege Galen Aasland stated that the small lot size is uncommon in this neighborhood and he does not see this as a grant of special privilege. John Schofield made a motion for approval. Chas Bernhardt seconded the motion. The motion passed by a vote of 4-2, with Laug Cahill and Dick Cleveland opposed. 9. A request for a minor subdivision, to allow for the correction of errors in the platting of Tract J, Vail Village First Filing, located at Vail Interfaith Chapel, 9g Vail Raad 1 Tract J, Block 7, Vail Village First Filing, Applicant; Town of Vaii Planner: Brent Wilson Brent Wilson stated tha# he had nothing to add to the staff memo, which had been reviewed during the pre-meeting. 6 Approved June 25, 2001 • Diane Golden had no comments Galen Aasland stated that the item should be approved.. Doug Cahill made a motion #a approve the minor subdivision„ in accordance with the staff memo and findings an page 1 of the memo. Galen Aasland asked if fibers was any further comment. There was no further comment. The motion was seconded by Dick, The motion carried 6-0. 10. A request for a work session to discuss amending certain residential zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planner: George Ruttier TABLED UNTIL JUNE 25, 2001 • 11. A request for a variance from Section 12-fiD-6 tSetbacks), Vail Town Code, to allow for the construction of a garage within the required front setback, located at 1956 Core Creek Drive I Lot 45, Vail Village West Filing #2. Applicant: David Irwin Planner: Ann Kjerulf TABLED UNTIL JUNE 25, 2001 11. Approval of May 14, 2001 minutes Motion: Chas Barnhart Second: Dick Cleveland Motion carried 6-0 12. Information Update • June 19th roofing materials discussion with the PEC, Town Council ~ DR13. 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, ?5 South Frontage Raad. 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, Community Development Department 7