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HomeMy WebLinkAbout2005-0314 PECr,_ ±•- ~ ~~~`~ ~ (3 ¢~_~' S~~N O~V~ ~. ~'~ ~ /Q~a~ V Z 4 J R fr• • CIC r°. C N Or ~~LLa °mQ r`,o Fw .g 'a o fl b °" n~ ~ DG ~ 0 ~ ~ ^ ~ r ~ ~ ~ ~ .~ o -d " y ~ 3 ~ ~ ~~~a, ~ •~ g_~~~~ b ~~~~-~ .~ ~ ~ w ~ °; N ~ ~ y d) ~ ~ w c ~~~~b~a fl ~ .f] 1"a s. a.3 ~ a> -~ b ~ ~ ~ ~ ~ G.'a O ~ ~ Zi ~ .-~ ~ ~ --~ L- ~ •.~ 'C O eC Q` W 7, •., ~ o ~ ~ U c. } ~ ~ • }~ {~ ~ y Q y G W ~ ~ •G y ,~ ~ n~ Q E ~ ~ °~' w~~ ~ o Q c a ~L ~~ ~~~~~a ~~~ ~ QI ~ ~ ~ ~-; Q .~ '~ ~ ~ ~ V #.+' N 3 ~r 0 N t~~5 .~ ° ~~L) N~ +n 0 N O -~ N s is O c~ ,r' 4r H 3 .~ G C"O L Q1 ~mm~.o~ cnoc N °~1 ~+~ GS LL ~ m~ lu ~ ~ ~ ~ cU m ~? ~ a 0 Q) CU ~l7 N ;~ b N cmo~ ~~ m~ oc ~a._ o 0 0 7 U`5 j p L c m c.`, Oc G ° m O ytr ftlN~@NNU~ ~ } "°F~~O=fin r °c cv v y U V] U ~--I a 0 z .~ y 0 .~ .~ O ~M g~ ~~ U a ~ • o.. rv~ ~o ~, ~ ~~ E~ ~~ a F a~ z~ ooa ~ cr a°~n PLANNING ANt) ENVIRONMENTAL COMMISSION PUBLIC MEETING March 14, 20©5 ~~~' PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Gahill Bill Jewitt Rollie Kjesba George Lamb MEMBERS ABSENT' Anne Gunion David Viele Site Visits: 1. West Vail Shell - 2131 North Frontage Road 2. Eagle River W ater ©istrict - 2734 Snawberry Qrive Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm 1. A request for a final review of a conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Vail Town Coda, to allow for an accessory use (sail and ground water remediation system), located at 2313 North Frontage RoadfTract B, Vail das Schone Filing 1, and setting forth details in regard thereto. Applicant: West Vail Shell Planner. Bill Gibson ACTION: Approved, with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 5-0-0 CONDITIONS: 1. This approval of a conditional use permit for an accessory use (soil and ground water remediation system), located at 2313 North Frontage Roadl Tract B, Vail das Schone Filing 1, shall expire on December 31, 2007. The applicant shall remove the remediation equipment and structure (i.e. 10' x 12' utility shed) from the site and completely restore the area to its previously existing condition within 30 days of completing all phases of the soil and ground water remediation process or by no later than July 1, 2008, whichever occurs first. Should the soil and ground water remediation be required for a longer period of time, the applicant shall submit a conditional use permit application to the Town of Vail, for review and approval, requesting an extension to this conditional use permit approval. 2. The remediation structure di.e. 10' x 12' utility shed) shall only be used for the housing and operation of necessary remediation equipment and shall not be used for the storage of any other materials." Bill Gibson presented the proposal according to the memorandum_ Doren Tuchoike, from West Vaii Shell, updated the Commission vn the current status of the remediation which has been ongoing since 2000. There were na public or Commissioner comments. 2. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional ltses, Vail Town Code, to allow for a public utility and public service use (underground water tank), located at 2734 Snowberry DrivelLot 14, Block 9, Vail intermountain, and setting forth details in regard thereto. Applicant: Eagle River Water and Sanitation District, represented by Mauriello Planning Group, LLC Planner: Elisabeth Ecke[ ACTION: Approved, with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: 1. Prior to receipt of a grading permit from the Town of Vall Public Works Department, a letter from the property owner of Lot 15, flock 9, Vail Intermountain Subdivision, shall be submitted to and accepted by the Town of Vail Community Development Department that grants the applicant permission to re-grade and re-seed the areas of Lot 15 that will be disturbed as a result of the removal of the existing water tank. '~ ~lA[ll. 4i~n ~nr~lin.~nf ~i..~ll nl•~n~ 7a;_~fAA c~nlinnc _. - c, , 3. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application and required landscape plan associated with this conditional use permit request. ETlisabeth Eckel presented an overview of the staff memorandum. Dominic Mauriello, representing the applicant, presented an overview of the application and addressed wi#h the Commission the applicant's objection to a Staff recommendation requiring the planting of new seedling evergreen trees on the site. Ron Seibert, from Eagle River Water and Sanitation District, was also present and available for additional questions. Commissioner Bernhardt had no comments. Commissioners Jewitt, Kjesbo, and Lamb agreed with the applicant's request that no new vegetation be required as a condition of approval. Commissioner Lamb noted that the planting of new trees should be addressed by the Design Review Board instead ofi the Planning and Environmental Commission. Gommissianer Cahill noted his support of the staff recommendation that the applicant plant new seedling trees. He further recommended that the Design Review Board revisit the issue of planting new trees and be made aware of the initial condition related to the new plantings which was recommended by staff. The Commissioners questioned the impact of the proposed tank on stream flows or water service, which was verified by the applicant to be negGgibie. The applicant further responded that construction is anticipated to begin April 15 and would proceed during spring run-off with no impact to stream levels or water service. 3. A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, VaiiTown Code, to increase the amount of allowable site coverage on lots . with excessive slopes from 15% to 20%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett ACTION: Tabled t$a April 11, 2005 MOTION: Jewit~ SECOND: Lamb VOTE: 5-0-0 Matt Gannett introduced the proposal according to the memorandum. Steve Isom, from Isom and Associates, described the proposal. He demonstrated, via pictures, that it is impossible to "step" a residence on a steep lot without having significant retaining walls, site cuts or other forms of disturbance. He maintained that increased site coverage for lots on steep slopes would actually encourage less, rather than more, site disturbance. From an expanded perspective, increased site coverage upon these steep lots made more sense than less site coverage.. He mentioned that as existing homes on steep lots are demolished and rebuilt, more vertical growth will be encouraged due to the recent increase in GRFA and the slight amount of available site coverage. Bill Dewitt asked about the reason for the discrepancy bn percentage site coverage allowed upon steep slopes. Matt Gannett replied that the Town is concerned about site disturbance, safety and visual impacts. Mr. Dewitt asked what the difference was between allowing 20°Jo site coverage upon a steep slope when 5°1o was allowed far an Employee Housing Unit, versus 2Q% site coverage upon a steep slope without an EHU. He finished stating his support of the text amendment. Rollie Kjesbo agreed that engineering had changed enough to allow fvr construction upon the lot. to be conducted safely, with the 2Q% regulation. He was also in favor of the text amendment. George Lamb understood the comments that had been made. However, he was concerned about the number of lots within the Town which would be affected as a result of this text amendment. Good design and practical floor plans should be encouraged, but he would rather review each instance individually than apply a blanket approval to a large number of Tots for increased site coverage. Ghas Bernhardt agreed with Mr. Dewitt about the logic backing an increase in site coverage for residences on steep slopes that included an EHU. He was nervous about applying a "carte blanche" approval for increased site coverage to a significant number of lots within the Town.. Goug Cahill clarified with Staff that today's proposal was intended to provide a recommendation to the Town Gauncil and was not intended to provide the applicant with a final answer. He stated that the Town's reasoning to "streamline the process° via the initial decrease in site coverage may have not been sufficient enough to keep the regulation in place today. He finished by saying that he would be in favor of approving the text amendment in some form. Same discussion ensued regarding the sense of reviewing applications for similar proposals an a case-lay-case versus a universal basis, The Planning and Environmental Commission requested Staff to further research the number of homes in the area which were currently non-conforming, the exact number of existing homes with footprints an topography over 30% in slope and finally, the number of homes in these instances which constructed Employee Housing 'Units to increase the amount of site coverage. The Commission also encouraged the Staff to further research regulations needed in conjunction with this text amendment proposal, should it be approved. Mr. Isom connmented that a huge effort is invested into maintaining 15% site coverage on these steep slopes, including retaining walls and perhaps even visual impacts in the farm of increased bulk and mass. 4. A request for final review of a final plat far a major subdivision, pursuant to Chapter 13-~, Major Subdivisions, Vail Tawn Code, to allow for a resubdivision of the Lionshead Core Site, located at 616 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request}, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruttier ACTION: Approved, with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 5-0-0 1. The Subdivider shall revise the proposed Final Plat to include a note describing the purpose of the plat, as reviewed and approved by the Town of Vail Community Development Department, and duly record the Final Piat upon approval with the Eagle County Glerk & Recorder's Office. 2. The Subdivider shall execute and simultaneously record a license agreement, or similar document as determined to be appropriate by the Town Attorney, with the Eagle County Clerk & Recorder's Office, for the subterranean and above-grade encroachments of the Lionshead Gare Site Hotel onto Tawn of Vail-owned lands, as depicted on the Approved Building Permit Set of Plans, prior to the issuance of a building permit for the Hotel. George Ruttier presented the project according to the memorandum. He mentioned that since the last PEC meeting, staff had met with the applicants and other integral parties to further understand the project. Jay Peterson, Vail Resorts, mentioned that a metro district in the area of Lot 3 was being created, which would include Lats 1, 2, and 3. The metro district must be created because Vail Resorts could not awn Lionshead Place due to neighboring homeowner dissent. The metro district would govern Lots 1, 2 and~3 and an election would be needed to form such a district Cnce the hotel was built, this new lot could be deeded back to Vail Resorts instead of this select group of individuals that form the board governing the metro district. Mr. Peterson finished by saying that small areas of the Arrabelle land parcel will be needed farm the Town via license agreement or easement} to provide locations for the footings of the hotel. This would be preferable to constructing athree-dimensional plat. Some discussion ensued regarding how much "land°' would need to be obtained from the Town to provide for the latticework, balconies, and similar construction that will occur outside of the Arrabelle parcel. In sum, less than 1,OOa square feet will need permission from the Tawn in order to be constructed. Commissioners Bernhardt, Jewitt, Kjesbo, and Lamb declined further comment. Mr. Cahill requested that in the future such encroachment issues be resolved prior to such applications coming before the PEC. 5. A request far final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Tawn Cade, to allow for the creation of the Vail Mountain Park Subdivision; a final review of a variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to allow for the creation of a new lot less than 35 acres in size, located at Tract. E, Vaii Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Vi[lage First Filing, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruther ACTION: Tabled to March 28, 2005 MOTION: Bernhardt SECOND: Lamb VOTE: 5-0-0 6, A request for a recommendation to the Vail Town Council of a major amendment to a special development district (SDD}, pursuant to Sectian 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development Dis#rict No, 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins"}/Area A, Cascade Village, and setting forth details in regard thereto. Applicant: Mirus LLC and Wright & Company, represented by Pylman & Associates Planner: Matt Gennett ACTION: Tabled to March 28, 2005 MOTION: Bernhardt SECOND: Lamb VOTE: 5-0-0 7. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A}, Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a definition for bawling alley; a request for a text amendment to Section 12- 7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-~, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow far the construction of an outdoor operation of the accessory uses as set forth in Sectian 12-7E-5 (ice skating rink);' a major arcade to include indoor entertainment; a theater, meeting rooms, and canvention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, lacated at 141 and 143 Meadow DrivelLot P, Block 5D, Vail Village Filing 1, and setting Earth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to April 11, 2005 MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-0 8. A request fora final review of a variance from Section 12-6D-8, Density; Chapter 12-10, Off- Street Parking and Loading; and Title 14, Development Standards Handbook, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a residential addition, located at 2854 Snawberry DrivelLat 19, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Mike and Marla Haley, represented by RAL Architects, Inc. Planner: Elisabeth Eckel ACTION: Tabled to March 28, 2005 MOTION: Bernhardt SECOND: Lamb VOTE: 5-0-0 9. Report to the Planning and Environmental Commission of an administrative action approving a request for aminor amendment to SDD # 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow far modifications to the approved building plans for the Vail Plaza Hotel, 100 East Meadow DrivelLots M, N and C}, Black 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Waldir Prada, represented by Daymer Corporation Planner. George Ruther ACTION: Staff Approved March 2, 2x05 Gwen Scalpella asked if an increase in the number of hotel roams would be resulting as a part of this miner amendment. George Ruther responded that it was determined that if the applicant did not change the number of units or the amount of GRFA within the building, the spaces could be reconfigured without pursuing a major amendment to an SDD. 10. Approval of February 28, 2©Q5 minutes MOTION: Lamb SECOND: Kjesbo VOTE: 5-4-0 11. Information Update 12. Adjournment MOTION: Lamle BEGONE?: Kjesbo VOTE: 5-0-fl The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (97©} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (97g} 479-2356, Telephone far the bearing Impaired, for information. Community Development Department Published March 11, 2x05, in the Vail Daily. • G-C~, 14 ~'~ Cy ~~ m C Q w fV'j 4 }'{~T CJ ^t,~ ~U c m ~.~' ~~', '~2 wcmo.~ ,~ ~.~ ~ `raj caa`$o em >Ee°'cjc T~ ~'~'~ ~Q 2Ut 3F~.. 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Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruther A request for a final review of a conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground water remediation system), located at 2313 North Frontage Road/Tract B, Vail dos Schone Filing 1, and setting forth details in regard thereto. Applicant: West Vail Shell Planner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public utility and public service use, located at 2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain, and setting forth details in regard thereto. Applicant: Eagle River Water and Sanitation District, represented by Maurieilo Planning Group, LLC Planner: Elisabeth Eckel A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 2©%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett A request for a recommendation to the Vail Town Council on a proposal to establish Special Devebpment District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Cade, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add bawling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 dice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a ;private club to allow far the establishment of a for sale parking club, pursuant to Sectian 12-7E-4, Vail Town Code, located at 141 and 143 Meadow DrivelLot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East Qne, LLC, represented by Maurielio Planning Group Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Raad. 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 970-479-2138 for additional infarrnation. Sign language interpretation is available upon request, with 24-hour notification. Please caA 970-479-2356, Telephone for the Hearing Impaired, for information. Published February 25, 2©~05, in the Vail Daily. • • i ~~owxoFyn~; Department of Community Ilevelopment 75 South Frontage Road Yail, Colorado &1657 s7a-47s-~~.~s FAX 970.479-.451 wwtiu vailgov. cam March 14, 2005 Mr. Tim Losa Zehren & Associates, lnc. P.©. Box 1976 Avon, Colorado 81620 and Town of Vail Planning & Environmental Commission and Adjacent Property Owners: Re: Report to the Planning and Environmental Commission of an administrative action approving a request far a minor amendment to SDD # 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Tawn Code, to allow for modifications to the approved building plans for the Vail Plaza Hate], 1 Q© East Meadow DriveiLots M, N and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Waldir Prada, represented by Daymer Corporation Planner; George Ruther Dear Mr. Losa, PEC ,members, and adjacent property owners: On February 14, 2005, Waldir Prado, representing Daymer Corporation, submitted an application to the Town of Vail Community Development Department for a minor amendment to Special Development District #6, Vail Village Inn. The purpose of the minor amendment is to allow for the reconfiguration of the interior floor plans of the hotel, [. DESCRIPTION Ql= THE 'REQUEST The applicant, Waldir Prado, representing Daymer Corporation, has requested a minor amendment to Special Development District No. 6, Vail Village lnn, to allow for the reconfiguration of the interior floor plans for the Vail Plaza Hotel, located at 1 QO East Meadow Drive. The purpose of the reconfiguration is to relocate the placement of approved hotel rooms and fractional fee club units within the building. Perthe proposed plans, there is no net increase to the total number of hotel rooms ar fractiona[ fee club units or increase in the amount of allowable grass residential floor area. lVo other modifications are proposed. ag[ECYCf.F,DPAPER ^ A "minor amendment" is defined as: "Modifications to building plans, sJte or landscape plans That do not after the basic intent and character of the approved special development district, and are consistent with the design criteria of this Chapter. Minor amendments may include, but not be limited fo, variations of not more than five feet (5') to approved setbacks and/or building footprints; changes fo landscape or site plans that do not adversely impact pedestrian cir vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than five percent (51) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under 5ecfions 12-15-4 (interior Conversions) or 12-15-5 (250 Additional GRFA) of this Title. II. CRITERIA AND FINDINGS A. Section 12-9A-2: Minor Amendment (staff review): modifications to building plans that do not alter the basic intent and character of the approved special development district and are consistent with the design criteria of this Chapter. Staff finds that approval of this minor amendment request does not alter the basic intent and character of Special ©evelopment District No. 6. Vail Village inn. As stated above, there is no net increase to the total number of hotel roams {100) or fractional fee club units (50} or increase in the amount of allowable gross residentia6 floor area. B. Section 12-9A-1Q: Minor modificatians consistent with the design criteria outlined in subsection 12-9A-2 may be approved by the Department of Communi#y 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 day 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. Notification of the public hearing and a summary of the request has been provided to all adjacent property owners. A report to the Planning and Environmental Commission was originally scheduled for February 28, 2005. The hearing on 'February 28~' was tabled to March 14, 2005, at the request of the applicant and staff. IIL PROCEDURE Section 12-9 of the Town Code provides the procedure for a minor amendment. to a Special ©evelopment District. The procedure is as follows: 12-9A-10: AMENDMENT Pf24CEDURES: A. M1norAmendments: 9. Minor modificatians consistent with the design criteria ouflined in subsection 12-9A-2 (definition of "minor amendment') of this Article, may be approved by the Department of Communr"ty Development. All minor modifications shall be indicated on a completely revised development 2 plan. Approved changes steal! be Hated, signed, dated and filed by the Department of Community Development, 2. Notification of a proposed minor amendment, and a report ofstaff action of said request, shall be provided fa all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties steal! be as determined by the Department of Community Development. Notifications shall be postmarked na later than five (5J days following staff action on fhe amendment request and shah include a brief statement describing the amendment and fhe time and date of when the Planning and Environmental Commission will be informed of the staff decision. In aI! cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of fhe staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacenf property owners, owners pf properfy within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Tifle. Based upon review of the criteria and findings in Section 12-9A of the Vail Town Cade, staff finds the above-referenced amendment to Special Development district No. 6 is approved in accordance with the procedures as identified in Section 12-9A-10 of the Vail Tawn Code. Staffs approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission an Monday, March 14, 2005, at 2:00 p.m. in the Vail Town Council Chambers, located at 75 S. Frontage Rd. The Planning and Environmental Commission reserves the right to "call up" a staff decision far additional review at this hearing. Pursuant to Section 12-9A-10, Vail Tawn Code, appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning. and Environmental Commission members ar members of the Tawn Council as outlined in Section 12-3-3 of the Town of Vail Zoning Regulations. Should you have any ctuestions, please da not hesitate to contact me at 970-479-.2145. Sincerely, -_.- c.--~-~ George Ruttier, AICP Chief of Planning Town of Vail 3 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,~ March 14, 2Q0~ 1"uli''~ OF 1~~lI,' PROJECT ORIENTATION - Communi#y Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Anne Gunion Site Visits: 1. West Vail Shell - 2131 North Frontage Road 2. Eagle River Water District - 2734 Snowberry Drive Driver: George Public i-leering -Town Council Chambers 2:00 pm 1. A request for a final review of a conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground water remediation system), located at 2313 North 1=rantage Road/Tract B, Vail des Schane Filing 1, and setting forth details in regard thereto. Applicant: Vl/est Vail Shell • Planner: Bill Gibson ACTION: MOTION: ~ SECOND: VOTE: 2. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Cade, to allow far a public utility and public service use {underground water tank}, located at 2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain, and setting forth details in regard thereto. Applicant: Eagle River Water and Sanitation District, represented by Mauriella Planning Group, LLC Planner: Elisabeth Eckel ACTION: MOTION: SECOND: VOTE: 3. A request. far a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendmen# to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lets with excessive slopes from 15% to 2Q%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 4. A request for final review of a final plat far a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Cade, to allow for a resubdivision of the Lionshead Core Site, located at 616 Lionshead PlaceJ(a complete legal description is available far inspection at the Town of Vail Community Development Department upon request), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruttier ACTION: MOTION: SECONa: VOTE; 5. A request far final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for the creation of the Vail Mountain Park Subdivision; a final review of a variance from Section 12-8A-5, Lot Area and Site Dimensions, ,pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the creation of a new lot less than 35 acres in size, located at Tract E, Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village First Filing, and setting for details in regard thereto. Applicant; Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruttier ACTION: Tabled to March 28, 2005 MOTION: SECON©: VOTE: 6. A request for a recommendation to the Vail Town Council of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Cade, to a11ow for an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, °The Ruinsn)IArea A, Cascade Vi[lage, and setting forth details in regard thereto. Applicant: Mirus LLC and Wright & Company, represented by Pylman 8~ Associates Planner: Matt Gennett ACTION: Tabled to March 28, 2005 MOTION: SECOND: VOTE: 7. A request far a recommendation to the Vail Town Council on a proposal to establish Special Development District No. ° 39, pursuant to Article 12-9(A), Special Development Qisfrict, Vail Town Cade, to allow for the redevelopment of Crossroads, a mixed use development; a request far a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12- 7E-4, Conditional Uses, Vail Town Cade, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requesfis for conditional use permits to allow far the construction of an outdoor operation of the accessary uses as set forth in Section 12-7E-5 dice skating rink); a major arcade to include indoor entertainment; a theater, meeting roams, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow DrivelLot P, Black 5D, Vail Village Filing 1, and setting Earth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriella Planning Group Planner: Warren Campbell ACTION: Tat~led to March 28, 2005 MOTION: SECOND: VOTE: • 8. A request for a final review of a variance from Section 12-6D-8, Density; Ghapter 12-1©, 4ff- Street Parking and Loading; and Titie 14, Development Standards Handbook, Fail Town Gode, pursuant to Ghapter 12-17, Variances,. to allow for a residential addition, located at 2854 Snawberry DrivelLot 19, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Mike and Marla Haley, represented by RAL Architects, Inc, Planner: Elisabeth Eckel ACTION: Tabled to March 28, 2005 MOTION: SECOND: VOTE: 9. Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD # B, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building plans for the Vail Plaza Hotel, 1d0 East Meadow DrivelLots M, N and O, Slock 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Waldir Prado, represented by Daymer Corporation Planner: George Ruther ACTION: Staff Apprroved March 2, 2005 1©. Approval of February 2'8, 2[1x5 minutes MOTION: SECOND: VOTE: 11. Information Update 12. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage 1=2oad. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 11, 2005, in the flail Daily. • MEMORANDUM TO: Planning and Environmental Commission FROM: ~J~epartment of Community 1~evelopment DATE: March 14, 2005 SUBJECT: A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. {PEC05-4013} Applicant: Helmut Reiss, represented by lsom & Associates Planner: Matt Gennett I. SUMMARY The applicant, Helmut Reiss, is requesting to amend Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on lots with average slopes in excess of 30°r'° within four of the nine residential zone districts established in Chapter 12-6, Residentia9 Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20°fo maximum. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep hillsides (Attachment A}. Based upon staff's review of the criteria in Section IV of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial to the Vaill Town Council of the requested text amendment, subject to the findings noted in Section V of this memorandum. II. DESCRIPTION OF 7HE REQUEST The applicant, Helmet Reiss, represented by Isom & Associates, is proposing a text amendment to Section 12-21-14.E.1, Restriction in Specific Zones on Excessive Slopes, Vail Town Code, to increase the allowable site coverage from 15°/© to 20% in the zone districts: Hillside Residential {HS}, Single Family Residential {SFR}, Two-Family Residential {R}, and Two-Family Primary Secondary Residential {PIS}, as specified by 12-21-14. E.1. The proposed text amendments are as follows: (deletions are shown in ~+t;Ua +'~rh1en'~/additions are shown bold) 1. !~~ m3~ then fi€tet.r. pcr~ ° reams. "c cevere~' ~~. ~-:ild+~g-s; ex~Nt in-sanp~~~~tia+a-rn~it:~- a~.~i¢~ I c:rr~lsyec u^,--.l-~if in Y ^~~^^^^ 1A/R~FI r!.y~ptcr 1? af-t#is-Titter i+el~cas~ cru'.hsn ;~,n~c~^~t~, pet~en~2~}-ef ~~TaT~.:.~~• -,~-,~~~~G r~, t~+#din~; rrd ~1. Not more than ten percent {10%) of the total site area may be covered by driveways and surface parking. Itl. BACKGROUND On June16, 1978, the Vail Town Council approved by a unanimous vote Ordinance No. 12, Series of 197"8, which is entitled as follows: An Ordinance Amending Title 18 of the Vail Municipal Gode Related to Zoning; Providing New or Amended Definitions Pertaining to Buildable Site Area; Defining Avalanche Hazard Areas, Ffood Plain Hazard Areas; Setting Forth Site Dimensions, Density Controls, Site Coverage, Gross Residential Floor Area, As Affected by the Specified Hazard Areas; Setting Forth Details in Relation to the Foregoing; and Providing a Severability Clause for this Ordinance. (Attachment B )~ Ordinance No. 12, Series of 1978, added the then new Chapter 18.69, entitled Hazard Regulations, and includes the following purpose statement: 18.69.010 Purpose -The purpose of this ordinance is to protect the flood plains,. avalanche paths, steep slopes, and other natural hazards of the Town of Vail; to regulate the use of land areas subject to flooding, avalanche, and slopes; to protect economic and property values, aesthetic and recreational values, and other natural resources and values associated with the floodplains, avalanche areas, and slopes; and to protect the public health, safety, and welfare. (The purpose statement in today's Hazard Regulations, Section 12-21-1, Vail Town Code, has not changed substantially from the aforementioned purpose statement and is even broader with respect to why Chapter 21, Hazard Regulations, presently exist: 12-21-1: PURPOSE: The purpose of this Chapter is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare.] Likewise, Ordinance No. 12, Series of 1978, implemented the first iteration of the text which the applicant. proposes to amend, under Section 18,69.950(A)5, which reads in full as follows: 18.69.050 SPECIAL F2E'STRICTIONS FOR DEVELOPIUENT ON SITES 1N E)CC~SS OF 40 PERCENT SLC)PE IN SINGLE FAIV!'!LY 2 RESIDENTIAL. TWL7 FAMILY RESIDENTIAL. AND TW ~ FAMILY PRIMARY/SECQNDARY RESIDENTIAL ZONE DISTRICTS - (A) The following additional special restrictions or requirements shall apply to development on any lot in a Single Family Residenfial, Two Family Residential, or Two Family Primary/Secondary Residential Zone District where more than 50 percent of the area of the lot is in excess of 40 percent slope as defined in Section 98.040.365 and/or any portion of a structure or parking area is located within the 40 percent slope area.' (5) Site coverage as it pertains to this chapter, as permitted by Sections 98.90.710, 98.92.910 and 7$.93.090, is hereby amended as follows; Not more than 15 percent of the site area may be covered by buildings; and not more than 90 percent of the Iota! site area may be covered by driveways and surface parking. On June 21, 1994, the Vaii Town Council approved by a vote of 7-0 Ordinance No, 13, Series of 1994, which included the following ianguage: WHEREAS, the Town Council believes that the fallowing amendment will result in development that r"s more sensitive to the site with less site disturbance; and WHEREAS, the Town Gounci! believes that the following amendment will streamline the development review process for proposed developments on sites where the average slope is greater than 30 percent. ~On February 7, 1995., the Vail Town Council approved by a vote of 6-1 Ordinance No. 2, Series of 1995, which included the following language: WHEREAS, Section 98.69.050 of the Town of VaiP Municipal Code allows garages to be located in the front setback when the average slope of the site, ,beneath the proposed structure and parking area, exceeds thirty percent; and WHEREAS, it is necessary to reduce the impact of these structures in the front setback by Ir'miting their height to a single-story with a pitched or flat roof with the design of the garage subject to review and approval by the Design Review Board. NOW, THEREFORE, the Town Council ORDAlIVS AS FQLILQWS: 1) Section 98.69.50.If. shaft be amended as follows: K. Setbacks, as they apply to this chapter, as required by Sections 98.09.060, 18.92.Q60, and 18.93.060, are amended as follows: There shall be no required front setback for garages, except as maybe required by the Design Review hoard. Garages located' in the front setback , as provided for in this Section 78.69.050, shall be Iimited to ore story in height (not to exceed tern feet) with the addition of a pitched or flat roof and subject to review and approval by the Design Review 6aard. On April 17, 2001, the Vail Town Council approved by a vote of 5-2 Ordinance No. 5, Series of 2001, which included the following language: WHEREAS, the Planning and Environmental Commission of the Town of Vail 3 has recommended approval of these amendments at ifs February 13, 20011, meeting, and has submitted recommendation to the Vail Town Council; and WHEREAS, the Planning and Environments! Commission finds thdt the proposed amendments further the development objectives of the Tawn of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments do not alter, purpose, or policy of the current regulations of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments will make the Town's development review process less problematic and more "user friendly'; and WHEREAS, the Vai! Town Council considers it in the interest of the public health, safety, and welfare fo adopt these amendments fo the Town Code. Section 3. Section 12-21-14 is hereby amended as follows: 12-21-74E. Site coverage, as it pertains to this Chapter, as permitted by Sections 12-6A-9, 12-6B-9, aed 12-fiC-9, and 12-6D-9 of this Title, is amended as follows: 1. Not more than fifteen percent (15%) of the site area may be covered by buildings, exce,ot in coniunction with a Tvae I Emolovee Housing Unit in accordance with GhaAter 13 of this Title. in which case not more than twenty oercent (20%) of the site area maybe covered by buildings; and 2. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. I'V. CRITERIA The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code. 7. The extent to rwhich the text amendment furthers the general and specific purposes of the Zoning Regulations; and, Staff believes the proposed text amendment does not further the general and specific purposes of Title 12, Zoning regulations. According to Section 12-1-2, PurRose, Vail Town Code, the general and specific purposes of the Zoning regulations are as follows: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals,. and general welfare of the Town, and to promote the coordinated and harmonious development of fhe Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8, Specific: These regulations are intended to achieve fhe following more speci~G purJDOSes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 4 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To ,aromote safe and efficient pedestrian and vehicular traffrc circulation and to lessen congestion in the sfreets. 4. To promote adequate and appropriatefy located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. ~i. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures, 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protecf wildlife, streams, woods, hillsides, and other desirable natural features, 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. ~ 1. To otherwise provide for the growth of an orderly and viable community. Upon review of the stated purposes of the Zoning Regulations, staff believes that this proposed text amendment hinders those purposes, rather than furthering the general and specific nature of Title 12, Vail Town Code. The prescribed text the applicant wishes to amend was specifically enacted to protect the natural topography of the steep slopes in question; to protect the inherent aesthetic and economic value of the undisturbed terrain threatened by this proposed text amendment; and to protecf the public health, safetyn and welfare; as clearly tracked and outlined in Section IIl of this memorandum. Additionally, the subject regulation has been amended numerous times since first being enacted in 1978 to allow more flexibility for people who own or are developers of Cots with excessive average slopes. The excessive slope threshold went from 40% to 30%; a zero front setback was established for one-story garages; and Type 1 employee housing units wiBl not count toward the maximum Gross Residential Floor Area (GI~FA}, which 'has not been further restricted either. 2. The extent €o which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Tvwn; and, Staff does not believe that this text amendment better implements or achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan, nor is it compatible with the development objectives of the Town. In fact, as detailed in Section III of this memorandum, in its recommendation of approval of proposed text amendments at its February 13, 2001, hearing, the Planning and Environmental commission made the specific finding that the regulations the applicant is proposing to amend ak this time "further the development objectives of the Town of Vail." As detailed under Criterion 1 of this section of this staff memorandum, there are specific purposes which would be negatively impacted by the applicant"s proposal. Those specifics include: 5 2 To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions; `~ 5. To conserve and maintain established community qualities and economic values; 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives; 8. Ta safeguard and enhance the appearance of the Town; and 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 3. The extent to which the text amendment demonstrates hover conditions have subs#antially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicabte; and, Staff has found that this text amendment proposal, as submitted, does not demonstrate how conditions have substantially changed since the adoption of the subject regulation, nor can staff find any evidence of relevant conditions having changed. The creation of the 15% site coverage restriction on lots with an average slope greater than 30% was intended to result in "development that is more sensitive to the site with less site disturbance", as stated by the Town Council in Ordinance No. 13, Series of 1994. The proposed text amendment would change the purpose and intent of today's Title 12, Zoning Regulations, in increasing the maximum allowable site coverage back to 20% on such lots throughout four separate zone districts: Hillside Residential (HR) District, Single Family Residential (SFR) District, Two-Family Residential (R) District, and Two- Family Primary Secondary Residential {PIS) District. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff has determined that the proposed text amendment does not provide a harmonious, convenient, workable relationship among land use regulations and is inconsistent with municipal development objectives. Again, the primary purpose of restricting the site coverage on steep slopes is to minimize site disturbance. The restriction does force owners and developers of steep lots to create a more vertical design, rather than one which is more horizontal, in order to avoid having a hillside carved out 25% more under the standard 20% site coverage regulation, Going from a maximum site coverage of 15% to 20% will result in a significant number of steep hots in the Town of Vail to increase the amount of earth being disturbed by a substantial amount, which is 25%. 5. Such other factors and criteria the Gommission andlor Council deems applicabte to the proposed text amendment. It would be reckless and irresponsible of staff to recommend approval of a proposed text amendment which has such a widespread impact across the Town of Vail without better understanding how this proposal will affect the many lots currently restricted by the subject regulation. Staff has performed an analysis to determine how many lots are involved within the four subject zone districts which have slopes greater than 3©% (Attachment C). From this study, it is clear there are a large number of lots, over 600 ouf of a total of approximately 1,580 lots 6 . under the four subject zone districts, which do have an average slope greater than 30°l0. Additionally, there ire about 2,60Q platted lots in the entire Town of Vail, a number which does not ificlude duplex, condominium, or otherwise further subdivided lots representing individual dwelling units. Considering this large number of steep lots in town, staff does not recommend. approval of the applicant's proposal. Section 12-21-14E.1, VaiC Town Code, ensures less site disturbance for these 60©+~ lots by giving applicants the incentive to locate structures close to the street, thereby minimizing a cut across a steep lot for access. Allowing people with lots having an average slope greater than 30°1° to locate their one-story garage in the front setback and limiting to ten percent the area allowed to be covered by driveways and access works in conjunction with the site coverage restriction to protect the Town's development objectives. V. STAFI/ RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial of the proposed text amendment to the Vail Tawn Council. Staff's recommendation is based upon the review of the criteria found in Section IV of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial to the Vail Tawn Council of this proposed text amendment, the Department of Community Development recommends the Commission pass the following motion: °'Sased upon the review of the criteria outlined in Sectr'on IV of this memorandum, and the evidence and testimony presented, the Planning and Environmental Can7n715S10n finds: 1. That the amendment is inconsistent with the applicable elements of fhe adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are incompatible with the development objectives of the Town; and 2. That the amendment does not further fhe genera! and specific purposes of the ,honing Regulations; and 3. That the amendment does not promote the health, safety, morals, and general welfare of the Town, and does not promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its nafuraJ environment and its established character as a resort and residential camrnunity of the highest quality. Vl. ATTACHMENTS A. Applicant's Request B. Ordinance No. 12, Series of 1978 C. Staff Analysis 7 Attachment: A 1~M & AS~~CIATES L~ architecture Viand I~lanning Project Managernen[ Town of Vail Community Development 75 South Frontage Road Vail, CO 81657 Re: Petition for an Amendment to the Municipal Code bear Elizabeth Eckel: February:l4, 2x05 The following is a Petition for an Amendment to the Town of Vail Municipal Code. Specifically the request is to modify Section 12-21-14: Restrictions in Specific Zones on Excessive Slopes, Section E, Site coverage, is restricted to " l .Not more than fifteen percent (15%} of the site area maybe covered by building...." "Where the average slope of the site beneath the existing or proposed structure and parking area is in access of thirty percent (39%)." It is re4uested that the fifteen percent (15°!0} site coverage be amended to twenty percent (20%}. • The reason for the request is to allow for greater flexibility in the design and construction. of residences an steep hill sides. With a fifteen percent (1 S%) site coverage regulation there is little room for design and construction of units once the garages have been included in the site coverage. The regulation forces people to build very close to the street and then build vertically either up or down to accommodate their dwelling unit in the fifteen percent (15°!°) site coverage. This farces designs to be very vertical on exposed steep srtes. Amore horizontal design with a twenty percent (2U%} site coverage would be Tess intrusive visually and more harmonious with the hill side. Sites of greater than 34% should step with the hillside which avoids excessive cuts and fills and also the cantilevered or post and beam decks. With the change and GRFA Regulations, the twenty percent (20%} would also allow homeowners to build additional square footage adjacent to their residences without going vertical which causes more of a visual impact. It is sort of the "Sticking up like a sore thumb" theory with the 15%. Attached are photos along Vail Ridge Subdivision showing the problem. Also attached is the application and a filing fee of $130.00 If there are any questions concerning this application, please contact this office. Sincerely your, ~ p(. Stephen~lsam Cc: Helmet Rears K4231'owr-ofl+ai102! OQS • P.Q. Boz 9 Eagle, Colorado 81631 (970} 328-2388 F/~X (970) 328-8266 • ~~ ' s . ., t ORDINANCE NO. 12 Series o£ 1978 AN ORDINANCE AN!E_T~IDTNG TITLE 18 OF THE VAIL MUNICIPAL CODE RELATING TO ZONING; PROVIDING NESJ OR AMENDED DEFINITIONS PERTAINING TO BUII.DA$LE SITE AREA; DEFINING AVALANCHE HAZARD AREAS, FLOOD PLAIN HAZARD AREAS AND SLOPE HAZARD AREAS; SETTING FORTH SITE DIMENSIONS, DENSITX CONTROLS, SITE COVERAGE, GROSS RESIDENTIAL I'LOOR AP.EA, AS AFFECTED $Y THE SPECIFIED HAZARD AREAS; SETTING FORTH DETAILS I!Q RELe1TIOt3 TO THE FORE- GOING; AND PROVIDING A SEVEP.A$ILITY AND SAVINGS CLAUSE FOR THIS ORDINANCE ~ti+~ Attachrrtent: B WHEREAS, the Town. of Vail is located in a long, narrow valley with steep slopes and other significant natural features that are of major concern to the community because of their potential hazard and their visibility to all within the community and traveling through it; WHEREAS, in order to define the natural areas of the • community for their potential hazard and visual impact, the Town Council through the Tocrn staff has reviewed various studies and revorts, including but not limited to the following: (A) Flood Plains {1} Gore Creek Flood Plain Information; 1lydro-Triad, Ltd., June, 1975. (2} Gore Creek S90~Year Reoccurance Inter- vat Flood Plain; Hydro-Triad, Ltd., November, 197fi. {B} Avalanches (1} ICAO Avalanche Study; Ronald L. Halley and Hydro-Triad, Ltd., September, 1975. (2) Vail Meadows Avalanche Dynamics Study; McDowell, Scott & Cox, Inc., June, 1976. (3) Vail bSeadows Avalanche; Ronald L. • Halley and Hydro-Triad, Ltd., April, 1977. {q} Vail Racquet Club Avalanche Defense; McDowell, Scott & Cox, Inc., September, 1976. •~ Ord. Page 2 (5) Clubhouse Gulch Avalanche; P.nnald L. Halley and Hydra-Triad, Ltd., April, 1977. (6} Avalanche Impact Parameters, Silver State Unit, KAC Aevelopment; Ronald L. Halley anti Hydro-Triad, Ltd., April, 1976. {7) Evaluation of the Snow Avalanche Hazard in the Valley oz Gore Creek, Eagle County, Colorado; Institute of Arctic and Alpine Research, 1373. (8} Snow Avalanche Hazards of the Vail Area, Eagle County, Colorado; The Colorado Geological Survey, November, 1975. (9} Snow Avalanche Hazard Study, Shapiro Pro- perty, Bighorn Subdivision, Vail, Colorado; Arthur I. Mears and AicDOwell-Smith & Associates, July, 1975.. {10} Avalanche Aynamics and Defenses on the Shapiro Pr©perty, Vail, Colorado; Arthur I. Mears and McDowell-Smith & Associates, January, 1976. (11) Old Muddy and Path 5 Avalanche Study; Arthur S. Mears, May, 1976, {12) Timber Falls Avalanche, Vail, Colorado; Whitney M. Borland, July, 1973. (13) An Avalanche Defense Sdork Study for the Timber Falls Corporation; Hans Frutiger, September, 1973. (19) Avalanche and Mud Flow Hazards on Tenth riling and Katsos Ranch Properties, Gore Creek Valley, Colorado; MSC, Inc., September, 1974. (15) Avalanche and Mud Flow Defense, Tenth Filing and Katsos Ranch; McDowell-Smith & Associates and Arthur I. Plears, February, 1975. 416} Avalanche Dynamics of the Bighorn Path, Vail, Colorado, a Study to Determine Avalanche Hazaa:ds to Lot 16 - Bighorn Subdivision; Arthur I. Mears, January, 1977.. • .~ ~~f ~~ Ord. Page 3 • (C} Geological Hazards r (l} Rapid Mass SVasting Processes, Vail, Colorado; Arthur Y. I+lears, April, 1977. (2) Appendix to Bedrock Geologic Map; Colorado Geological Survey, Oetober, 1975. {D) Eti.llsides and Slope E1) Performance Controls for Sensitive Lands; American Society for Planning Officials. TAfiERT'AS, construction in areas susces~tible to flooding creates not only substantial risks to lives and property but it also adversely affects the public interest including an increase in water runoff and a decrease in water quality; WFfEItEAS, the steep slopes of the Gare Valley contain inherent dangers from the movement of snow, soil, rocks or other debris and to allow development in such areas that would include human habitation would be contrary to the public interest; • WiiEREAS, Construction an hillsides frequently results in substantial Cost to the public to provide services to the same, the risk of disasters to structures and people, degrading ^f water supplies, an increase in flood hazards, and similar adverse effects to the public health and welfare; WHEREAS, in order to insure the preservation of hill- sides, streams, and the natural features of the Gore Valley, the more harmonious visual and functional relationship is required between the existing natural environment and the devel- oping man-made environment; WHEREAS, in order to protect the inhabitants and visi- • tars in the Gore Valley, structures and property within the valley and the aesthetic character of the Town, certain restric- tions against development in the flood plain, avalanche paths, and special provisions for development on slopes should be adopted; WHEREAS, the Planning Commission has recommended to the Town Council certain amendments to the Vail Municipal Code to provide said restrictions, ord. iz Page 4 4^IffEREAS, the Town Council is of the opinion that this ordinance is necessary for the protection of the `pu:blic health, safety and welfare; NOfrT, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF' VAIL, THT,T_ Section 1. Chapter 1$.04 of the Vail Municipal Code is amended by the addition of two new sections, 18.040.045 and 1E.040.36~, to reaefi as follows: 18.040.045 BUILDABLE AREA "Buildable Area" shall mean any site, lot, parcel or any portion thereof which does not contain designated flood plain, red hazard avalanche area, or areas in excess of 408 slope.. 18.040.365 SLOPE. - The term "'slope" shall mean the gradient or. configuration of the undis- turbed land surface prior to site improve- ment of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each. 10 feet or fraction thereof measured horizontally in any direction between opposing lot lines; the relation- ship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of slope as defined herein, for use in establishing buildable area requirements and maximum floor area ratio lirnitatians on existing and proposed loth, a grid system based on 10 foot modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each 100 square feet grid por- tion of the tract, lot or portion thereof. Section 2, Sections 18.10.090, 18.12.090, 16.13.080, 18.14.090, 18.15.090, 18.18.090, 18.20.fl90, 18.22.090, 18.24.130, 18.26.100, and 18.28.1flfl are repealed and reenacted to read as fallo4as 18.10.090 DENSITY CONT~OL (Single Family Residential Dstriot) of more than one dwelling unit sha13 be permitted on each site. and a~ot more than 25 square feet of gross residen- tial floor area (GRFA) shall be permitted for each 100 square feet far the first 12,500 square feet of site area; plus not more than 10 feet of gross residential floor area shall be permitted for each 100 square feet of site area over 12,500 square feet. tdo single family residential lot, except those totally in the red hazard avalanche zone, or the floor plain shall be so res- tricted that it cannot be occupied by one single family dwelling. • Ord. i2 Page • 18.12,090 DENSITY CONT:4OI, (Two Family Residential District) - Not more than a total of two dwelling units in a single structure shall be permitted on each site, and not more than 25 square feet of gross residen- tial floor area (GRFA) shall be permitted for each 100 square feet far the first 15,000 square feet of site area, plus not more than 10 square feet of gross residential floor area shall be permitted for each 100 square feet of. site area over 15,000 square feet not to exceed 30,000 square feet of site area., plus not more than 5 square feet of gross residential floor area for each 100 square feet of site area in excess of 30,000 square feet. No two family residential lot except those totally in the red hazard avalanche zone, ar the flood plain shall be so restricted that it cannot be occupied by a two-family dwelling. 1$.13.0$0 DENSITY CQNT OL (Two Family Primary/5econ- dary Residential District) - Not more than a total of two dwelling units in a single structure shall be permitted on each site. and nat more than 25 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet for the first 15,000 square feet of site area, plus not more than 10 square feet of gross resi- dential floor area shall be permitted far each 100 square feet of site area over 15,400 square feet not to exceed 30,000 square feet of site area, plus not more than 5 square feet a£ gross residential floor area for each Ifl0 square feet of site area in excess of 30,000 square feet. On any site contain- ing two dwelling units, one of the units shall not exceed one-third (1/3) of the allowable total gross residential floor area fGRF11). No two family residential lot except those totally in the red hazard avalanche zone, or the flood plain shall be so restricted to a point it cannot be occupied by a two-family primary/secondary dwelling. 16.14.090 DENSITY CONTROL (Residential Cluster) - Nat more than one dwelling unit shall be permitted for each 5,000 square feet of buildable site area and not more than 25 square feet of gross residential floor area (GRFA} shall be per- mitted for each 100 square feet of buildable site area; provided, however, that total den- sity shall not exceed six {6) duelling units per acre. 1$.16.490 DENSITY CONTROL (Low Density Multiple Family) Nat more {han one dwelling unit shall be per- mitted far each 3,530 square feet of build- able site area and not more than 30 square feet of gross residential floor area {GRFA) shall be permitted for each 100 square feet of buildable site area; provided, however, that total density shall not esceed nine (9) dwelling units per acre. • ~~ (~ ~r Ord. 12 Page 6 18.18.090 DENSITY CON`~TROL (Aledium Density Multiple Family) -- Nat more than one dwelling unit shall be termitted for each 2,000 square feet of buildable site area and not more than 35 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area; provided, however, that total density shall not exceed eighteen (18} dwelling units per acre, 18.20.090 DENSITY CONTROL {High Density Multiple Family) - Not more than 60 square feet of grass res- idential floor area (GRFA) shall be permitted far each 100 sn~uare feet of buildable site area. Not more than 60 square feet of gross residential floor area shall be permitted far each 100 square feet of buildable site area fps any eonditianal use listed in Section 18.20.030. Total density shall not exceed twenty-five (2S) dwelling units per acre_ 18.2z.~090 DENSITY CONTROL (Public Accommodations) - Nat more than $0 sc?uare feet of gross resi- dential floor area (r,RFA} shall be permitted for each 100 square £eet o£ buildable site area, NQt mare than 80 square feet of gross residential floor area shall be permitted for each 100 square feet of buildable site area for any conditional use as listed in Section 18.22.030. The total density for permitted uses, conditional uses, and accessory uses shall not exceed 80 square feet of gross floor area for each lOD square feet of build- able site area. Total density shall not exceed twenty-five {25) dwelling units per acre. 18.29.130 DENSITY CONTROL (Commercial Core I} - Not more h 18.26,100 LISNSI CO TROL (Commercial Core YI} - Not more tan ~0 sc{uare feet of grass residential floor area {GRFA) shall be permitted for each 100 square £eet of buildable site area and not more than $0 square feet of gross floor area shall be permitted for each 100 square feet of buildable site area for permitted or conditional uses allowed by Section 18.26.040 excluding grass residential floor area. Total density shall not exceed twenty-five (25} dwelling units per acre. t an 80 square feet of gross residential floor area (GRFA} shall be permitted for each 100 square feet of buildable site area and not more than 80 square feet of gross floor area shall be permitted far each 100 square feet of buildable site area for any permitted or conditional use allowed by Section 18.24.064 excluding gross residential floor area (GRFA). Total density shall pat exceed twenty-five (25) dwelling units per acre. 18.2$,100 DENSITY CON"1'ROL (Commercial Service Center) - Not more than 90 square feet of gross residen- tial floar area (GRFA} shall be permitted for each 140 square feet of buildable site area, and gross residential floor area shall not exceed SO per cant of the total building floor area on any site. Total density shall pat exceed eighteen (18} dwelling units per acre. • • ~~ ~ ~ . ~~ ~~ ~ 4r~~ '~ Ord. 12 Page 7 Section 3, Sections 18.10.050, 18.12.050, 18.13.050, 18.14.050,,118.16.050, 18.18.D50, 18.20.050, 18,22.050, 18.24.090, 18.26.060, 1$.2$,060, 18.3D.050, and 18,32.05D, are repealed and reenacted to read as follows: • • 18.10.050 LOT AREA AND SITE DI~]Eh]SIONS (Single Family Residential) -The m~.nimum lot or site area shall be 12,500 square feet of buildable area. Each site sha11 have a minimum front- agc: of 30 feat. Each site shah be of a size and shape capable of enclosing a square area, 80 feet on each side within its k~oun~laries. 18.12.054 LOT AREA ANR SITE AIMENSIONbS (Two Family l 16.13.050 LOT REA AND SITE DIMENSIO~1 S (Two Family Pri- mary~seconctacy Residential) - The minimum lot or site area shall be 15,000 square feet of buildable area, and each site shall. have a minimu~s frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. Residential) - The minimum of or site area sha11 be 17,500 square feet of buildable site area, and each site shall have a minimum front- age of 30 feet. Each site shall be of a size and shape capable o£ enclosing a squaw area, 80 feet on each side, within its boundaries. 1$.44.050 LOT 71REA AND SITE DIMEN$I~NS (Residential. Ciustex) - The minimum jo ar site area shall be 15,000 square feet, containing no less than B,OOD square feet of buildable area. Each site shall have a minimum frontage of 30 Feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side within its boundaries. 18.16.050 LOT AREA AND SITE DIbSENSIONS (Low Density Multiple Family) - The minimum lot or site area shall be 10,000 square feet of buildable area, and each site shall have a minimum front- ago of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet an each side, within its boundaries. 18.18,050 LOT AREA AND 5I E D ENSIGNS (Ntedium Density Multiple Family! -- ~~e minimum lot or site area shall be 10,000 square feet of buildable site area, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 8D feet on each side, within its boundar- ies. 18.20.050 LOT AREA AND SITE-D~NtENSTONS (High Density Multiple L'amrly) the minimum lot or site area. shall be lO,DOD square feet of buildable area, and each site sha11 have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its bound- aries. ~~~ ~ • ~• Ord. 12 Page 8 18,22,050 LOT AREA AND SITE (JINIFNSIONS (Public Accom- modations) - The minimum lot or site area shall be 10,000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a. square area, 80 feet on each side, within its boundaries.. 18.24.090 LOT AREA AND SITE DIMEC~SIONS (Commercial Core I) ~° The minimum lot or site area shall be 5,000 square feet of buildable area, and each site shall have a rnAnirmum frontage of 30 feet. 18.25.060 LOT AREA AND SITE DIMENSIONS (commercial core II} - The minimum lot or site area shall be 10x000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. 18.28.060 LOT AREA AND SITE DIMENSIONS (Commercial Ser- vice Center) - The minimum lot or site area shall be 20,000 square feet of buildable area, and each site shall have a minimum frontage of 100 feet. 18.30.050 LOT AREA ~+,ND SITE DIMENSIONS (~ieavy Service) - The minimum leaf or site area shall be 10,000 squaw feet of buildable area, and each site shall have a minimum frontage of 50 feet. 18.32.050 LOT AREA ,AND S~TE DIhg~ATSIONS (Agricultural) - The minimum to or site. area shall be 2 acres with a minimum of i7 ,500 square feet of build- able area per dwelling unit. Section 4. Title 18 is amended by the addition of a new Chapter 18.69.to be entitled HAZARD REGULATIONS, to read as follows: 18.69.010 PURPOSE - The purpose of this ordinance is to groteet the flood. plains, avalanche oaths, steep slopes, and other natural hazards of the Town of Vail; to regulate the use of land areas sub3ect to flooding, avalanche, and slopes; to protect economic and property values, aesthetic and recreational values, and other natural. resource and values associated with the flood plains, avalanche areas, and slopes; and to groteet the public health, safety and welfare. . 18.69.020 DEFINITIONS: (p} Avalanche - Red 1lazard Area. A red hazard avalanche area shall mean any area impacted by a snow avalanche producing a total sta- tic and dynamic pressure in excess or" 600 pounds per square foot on a flat surface normal to the flow and/or a xeturn interval of less than 25 years. • • Ord. 12 Page 4 (8) Avalanche- Blue hazard Area. A blue hazard avalanche area shall mean an area. impacted by a snow avalanche producing a total static and dynamic pressure less than 600 pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of 2S years.. (C) Flood Plain. The term "flood plain" shall mean any area subject to impact by 100 year floods as defined by the Gore Creek Flood Plain Information Report, June, 1975. (D) S1apP. The term '"slope' is defined in Chapter 18.OA of this Title, (E) Zone of Influence {Avalanche Hazard). The The term "zone of influence" shall mean any area in a potential avalanche hazard zone where detailed information is not cur- rently available but which may be impacted by said hazard_ Thew zones of influence shall be designated on the appropriate maps of the Zoning Administrator of the Tawn of Vail. 18.69.00 MASTER HAZARD PLANS - The Town Manager shall formulate and develop master hazard plans for the Town of Vail. Said hazard plans shall be based on engineering studies and shall indicate the location of known flood plains, avalanche and geological hazard zones of influenoe, known red and blue avalanche and geological hazard areas, and 40 percent slope areas.. In addition, the plans may show any other information or data. deemed to be desirable by the Town Manager. Maximum citizen participation during the form- ulation of the master hazard plans as well as other phases of the information implementation of the hazard studies and. regulations, shall be encouraged. The purpose of the master hazard plans i.s to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the Town by means of presenting in an orderly fashion the general data and information which are essential to the understanding of the relationship between the hazards and improvements located within said areas. The master hazard plans may be altered from time. to time to con£arm with new informa- tion ar existing conditions. 18.69.031 1~ PROV+~L (3F MASTER PLANS - The master hazard pans stroll not be considered. to be official hazard master plans of the Town until and unless the Town Council adopts the same, by motion. No substantial modification of the master hazard plan shall be made unless it is first approved by the Town Council in a similar manner. As soon as the master hazard plans are adopted, ar portions ttrereof are adopted, a copy of it shall be placod on file in the Of€.ice of the Town Clerk, where it may be inspected by any interested party during normal business hears. 18.6).032 ~(JPPLEMENTAL STUDIES - The Town r4anager, with he advice and approval of the Planning Commis- sion, stroll continue to study and accumulate information as to hazard areas. when additional information is available, it shall be reviewed by fire Planning Commission and added to the master hazard plans. ~~ { • ~ i Ord. 12 Paga 10 18. 69. Q33 SUPFLE~f:.'ivTAL STUDIES - YNDIVTDUAL - If an application is made to build in an identified avalanche hazard cone. of influence or modifi- cation to the flood plain, the Zoning Admin- istrator may require the applicant to conduct supplemental studies as speci€ied below. The information submitted by the applicant follow- ing completion of said studies shall be viewed by the Town staff and the Planning Commission and may be added to the master hazard plans. 18.69.034 REPORT TQ ~~ti^TN COUNCIL - The Town Manager shall report t4 a Town Council not less than once each year on any additions that have been made to the master hazard plan. 18.69.040 DEVELO2MENT RES'T'RICTED - (A} No structure shall be built zn any flood plain, or red avalanche hazard area. No structure shall be built on a slope of 40 percent or greater except in a Single Family Residential, Two Family Residential, or Two Family Primary/Secondary residents Zone districts. The term "structure" as used herein shall be deemed not to include recreational structures that are intended for seasonal use, not including residential use. (H} Structures may be built in blue avalanche hazard areas provided that proper mitiga° Ling measures have been taken. fC} The Zoning Administrator may require any applicant or person desiring ko build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which he proposes to build if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional in~armation and study shall be done in accord with Chapter 1$.56 ENVIRbN- ?L"NTr^~.L IMPACT REPORTS of this Title 18. (D} The Zoning Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate against the possible hazard. If mitigation is required, said information and report should specify the improvements proposed therefor. The required information. and reports shall be done in accordance with Chapter 18.56 of this Title 18. (E} The Zoning Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar charges, to submit for review an environ- men~al impact statement in accordance with 18.56 to establish that the work will not adversely affect adjacent properties. increase the quantity or velocity of flood waters. • • ~~~ ~• ~~ Ord. 12 Page ,1 • • 18. Fag. 050 INFEXCESSEOPR40TP~RCE~.9~RSLOI'~IN~~~~3GLE FAMILY RESTDEAFTIAL, TWO FAT+'lILY RESIDEdti3TIAL, FtiiYdD TWO F11t~1ILX PR3MARY/SECONDARY R.ESIDEt3TIAL Z©i~]£ DISTRICTS - (A) The following additions]. spacial res- trictions or requirements sha11 apply to development on any lr)t in a Single Family Residential, Two Family Residential or Two 5`amily Primary/Secondary Residential Zone District whexe morn than 50 percent of the area of the lot is in excess of 40 percent slope as defined in Section 1B. 040.365 and,~or any portion of a structure or parking area is located within the A0 percent slope area: (1) h soil and foundation investigation, pre~aaxed by and bearing the seal of a registered, professional engineer shall be required. (2) Faundatiars must be designed and bear the seal of a registered, professional engineer. (3) A topographic suxvey prepared by a registered surveyor, with contour intervals of not more than two feet, shall he required. (4) Structures must be designed by a licensed architect. (5) Site coverage as it pertains to this Chapter, as permitted by Sections 18.10.110, 18.12.110 and 3.8.13.090, is hereby amended. as follows: Ldat more than 15 percent of the site axes may be covered by buildings; and not mere than 10 percent of the total site area may be covered by driveways and surface parking. (6} A site grading and drainage plan shall be required. (7) A detailed plan of retaining walls or cuts and fills in excess of five. feet, shall be required. (8} A detailed revegetatiQn plan must be submitted, f9) The Zoning administrator may require an environmental impact report as provided in Section 18.56.020 hereof. (10) Density as permitted by Section l8. 12.090 is hereby amended as it per- twins to this Chapter as (allows: Not mare than two dwelling units in a singAe structure shall. be permitted on each sits in conformance with tote provisions of this Section. A total of not more than 25 square feet of grass residential floor area (GRFA) sha11 be permitted for each 100 square Ord. 1? Page 12 feat for the first 15,000 square • feet of sate area, plus not more ',than 10 square feet of grass resi- dential floor area shall be per- mitted for each 100 square feet of site area over 15,000 square feet, not to exceed 30,000 square feet of site area, plus not more than five square feet of gross residential floor area far each .100 squar€ feet of site area in excess of 30,000 square feet. On any sito containing two dwelling units, one of the units shall not exceed ane-third- {1/3} of the allow- able total gross residential floor area {GRFA). {11) A minimum of one {ly covered parking space shall be provided for eacFi dwelling unit. {12) Setbacks, as they apply to this Chapter, as required by Sections 1$.10..060, 18.12.060, and 18.13.060, are hereby amended as follows; inhere shall be no required front setback for garages, except as may be required by the Design Review aaard_ 18.59.060 RIGEfT OF APPEAL - Nothing in this Chapter shall be deemed to deny an interested parson his rights to appeal the decision of the Zaning . Administrator in accordance with Section i$.66. 030 or to seek a variance from the requirements of t3!is Chapter. Said variance shall be governed by the provisions of Chapter 18.62 of this Title l6. 18.69.074 RlL7UIREx3ENT OF BOND - Any applicant under this Chapter may be required to past bond, a letter of credit, or other quarantee t^ insure that the improvements, reports, ax other require- ments of this Chapter are completed and complied with. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remain- ing portions of this ordinance, and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase. hereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid. INTRODUCED, READ ON FIRST` READING, APPROVED,, AND ORDERED PUBLI:~:iFD CNCE IN FULL, this 2nd day of fay, 197'8, and a public hearing on this ordinance shall be held at the regular meeting of ' ' Ord. 12 Page 13 the Tgwn Council of the Town of Vail, Colorado, on the 16th c]ay of say, 1978, at 7:3D P.M. in the Munzci.pal 73ux1ding of the ' Town. .~ ~r--- .~r~~- Mayor / . ATTEST: ~'] .'~ /J ~ ~~ To*a3i C czk '' introduced, read, adopted and enacted an second reading and ordered public#~ed by title only this 6 day of June, 1978. ATTEST: "~ ,~.!~ ~~.~~~ 1, l ~ .~.~ raw~a c~E~~c (NAYD~ f !~ ~' ~' {.: I ~j ~~ G t ~ ;a y N Lr"° N S> C ~~~}} fQ ry ro m S yf~{S~, 1 ~S 9 { ~~' e~/ }1 a sia~ ~G~ _ u> 'm ~ ~ ~ m , ~` o ~ c a MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March ~4, 2005 SUBJECT: A request for Tina! review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code,. to allow for a resubdivision of the Lionshead Core Site, located at 616 Lionshead Place/~a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting forth details in regard thereto. (PEC05-000$) Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruttier I. SUMMARY The applicant, flail Resorts, represented by Braun Associates, Inc., is requesting a final review of a major subdivision appfcation to create the "Final Plat. Lionshead Sixth Filing, a resubdivision of Tracts C and D. Lot 4. Block 1. Vai[1Lionshead First Filing, and Lot 2, Block 'f. Tracts G, H, and a portion of Tract C. Va[UL[onshea~ Third_ Filing, Sections 6 and 7. Township 5 South, Range $D West of the 6 P.M.. Town of Vail. County of Eagle, State of Colorado". As a result of the subdivision, Lots 1, 2, & 3, and Tract C will be created. Staff is recommending approval of the applicant's development review application with the conditions as listed in Section VI of this memorandum. [I. DESCRIPTIGN C?F REQUEST The applicant., Vail Resorts Development Company, represented by Braun Associates, lnc., is requesting final review of a major subdivision application to create the "Final Plat. Lionshead Sixth Filing.. a resubdivision of Tracts C and D. Lot 4. Black 1. VaillLionshead First F'slina. and Lot 2. Block 'I. Tracts G, H. and a portion of Tract C, VailCLionshead Third Filing. Sections 8 and 7. Townshirr 5 South. Range 80 'West of the 6t P.M... Town of Vail. County of Eagle. State of Colorado". As a result of the subdivision, Lots 1, 2, & 3, and Tract C will be created. The purpose of the final plat is to subdivide Tracts C and D, Block 1 VaillLionshead First Filing and Lot 2, Block 1, Tracts G, H, and a portion of Tract C, Vail/Lionshead Third Filing, Sections 6 and 7, Township 5 South, Range 80 West of the 6~' l='.M., to create tots 1, 2, & 3, and Tract C, Lionshead Sixth Filing. Qnce completed this final subdivision plat will allow for the transference of property and the creation of a metropolitan district ~"metre district") as contemplated in the "Core Site Devefv~ament Agreement" ("Agreement"~, effective November 8, 2004, Section 4, b, (ii) and as discussed during the review of the Lionshead Core Site Hotel major exterior alteration. According to Section 4, b, (ii} of the "Agreement", "The Town will convey to Fall Associates fee title to those portions of Tract C, Vail 2lonshead First Filing, and Tract C, Vail/Llorrshead Third Filing that are presently owned by the Town and ultimately will be encroached by the Core Site Project improvements, as set forth in the development plans for the Core Site Project approved by the Town's Planning and Environmental Commission and Design Review Board." 111. BACKGROUND On September 27, 2044, the Town of Vail Planning & Environmental Commission approved a request for a major exterior alteration and approved development plan for the Lionshead Core Site Hotel, Upon approving the request, the Commission placed the following conditions upon the approved development plan, "The Developer steal! address the following condlfr`ans of approval prior to the issuance of a building permit by the Town of Vail Community Development Department: (nofe: A grading permit sha11 constitute a building permit.) 1~ That the Developer prepares a Developer improvement Agreement far Off Site improvements, as depicfed on the Approved Development Plan, for review and approval by the Vail Town Council. Upon approval of the Agreement, the Developer and the Town of Vail shall legally execute fhe Agreement. 2} That the Developer receives final approval of the major subdivision application and records the final plat with fhe Eagle County Clerk & Recorder's ©ffice as eontempfated above." On February 28, 2005, the Town of Vail Planning & Environmental Commission tabled the final review of the major subdivision application, at the request of the applicant, to create the Lionshead Sixth Filing Subdivision. The reason far tabling the application was to allow the applicant an opportunity to meet with their adjacent property owners and Town staff to resolve questions about distances between buildings and building code requirements prescribed by the 2443 International Building Code. On March 10, 2045, the Town staff facilitated a meeting with the applicant and several adjacent property owners to resolve questions about distances between buildings and building code requirements prescribed by the 2043 international Building Code. Upon conclusion of the meeting, consensus was reached by all parties present. As a result of the meeting, no revisions were required to be made to the proposed t±nal plat application. lV. SURROUNDING LAND USES AND ZONING Land Use Zonina Forth: Mixed Use Development Lionshead Mixed Use I South: RecreationlSki Yard Lionshead Mixed Use I East: Mixed Use Qevelopment Lionshead Mixed Use I West: Residential Lionshead Mixed Use I `V, CRITBRIA AND FfNDINGS ', Chapter 3, Major Subdivision, Title 13 Subdivision Regulations, of the Vaif Town Code prescribes the review criteria for a request for a major subdivision. Pursuank to Section 13-3-6, Final Plat, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13-4-2 of the Subdivision Regulations.. According to Section 13-42C, Review And Action On Plat, "The Planning and Environmental Commission shall ,review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21~ days of the firsf public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision maybe granted subject to mutual agreement between the Planning and Environmental Commission and subdivider" The purpose of the final plat is to resubdivide Tracts C and D, Block 1 VaillLionshead First Filing and Lot 2, Black 1, Tracts G, H, and a portion of Tract C, VaillLionshead Third Filing, Sections 6 and 7, Township 5 South, Range 8Q West of the 6`h P.M., to create Lots 1, 2, & 3 and Tract C, Lionshead Sixth Filing. C}nce completed this final subdivision plat will allow for the transference of property and the creation of a metropolitan district ("metro district") as contemplated in the "Core Site Development Agreement" d"Agreement"1, effective November 8, 24]ta4, Section 4, b, (ii) and as discussed during the review of the Lionshead Gore Site Hotel major exterior alteration, According to Section 13-3-4, Commission Review of Application; Criteria, Vail Town Code, "The burden of proof shall rest with the applicant to shave That the application is in compliance with the intenf and purposes of the Chapter, Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Uue consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the applicafion and consider ifs appropriateness in regard to Town policies relating to subdivision contra!, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmenfal integrity and compatibility with surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " One of the basic premises of subdivision regulations is that minimum standards for the creation of a new lot must be met. This project will be reviewed under the Major Subdivision Criteria, pursuant to Section 13-3-4, Subdivision Regulations, Vail Town Code. The first criterion to be considered by the PCanning and Environmental Commission far a Major Subdivision application is: Lot Area ,The Zoning Code requires that the minimum lot or site area for a lot located in the Lionshead Mixed Use I (LMU-C) zone district shall be 10,000 square feet of buildable area. Staff Response -All parcels created by fhe major subdivision meets this requirement. The second set of criteria to be considered by the Planning and Environmental Commission far a Mayor Subdivision application is the subdivision purpose statements. The subdivision purpose statements are as follows: To inform each subdivider of the standards and criteria by which development and proposals will be evaluated and to provide information as to the #ype and extent of improvements required. Staff Response -The review of this request has followed the regulations prescribed for major subdivisions of land. 2. To provide for the subdivision of property in the future without conflict with development on adjacent properties. Staff Response -The subdivision will not conflict with future development an adjacent properties. 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 request will have any negative impacts on fhe value of land or the value of buildings and improvements on the land. 4. To insure 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 Response -The proposed subdivision meets the intent and purpose of the Zoning Regulations for the parcel of land and will not prevent fhe harmonious! convenient or workable relationship of uses consisfent with the Town's municipal objectives. ~. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreational and other public requirements and facilities and generally to provide that pubic facilities will have sufficient capacity to serve the proposed subdivision. Staff Response -Staff does not believe the requested majar subdivision wi11 have ar~y adverse impacts on the above-described criteria. f. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction, design standards and procedures. • • 4 Staff Response ~- The proposal will result in an accurate legal description of the subdivided land. 7. To prevent the pollution of air, streams, and ponds, to insure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natura6 resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of land. Staff Response -Staff does not believe fhe proposed major subdivision will have any negative impacts on fhe above-described criteria. Staff has reviewed the application for the major subdivision. Upon review of the proposed final plat, staff finds that the proposal complies with the criteria prescribed for a major subdivision application. A reduced copy of the proposed final plat has been attached for reference (Attachment B}. VI. STAFF RECQMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the final review of a final plat, pursuant to Chapter 3, Title '13, Subdivision Regulations, Vail Town Code, to allow for a major subdivision to create the Final Plat. Lionshead Sixth Filing, a resubdivision of Tracts C and D. Lot 4. Block 1. VaillLionshead First Filing. and Lot 2. Block 1. _. . Tracts G. H, and a portion of Tract C. VaillLionsl~ead Third Filing. Sections 6 and 7. Township 5 South. Range 8(~ Wes# of the 6 fi P.M., Town of Vail, Countu of Eagle. State of Colorado. Staff's recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, subject to the following findings: "Upon review of fhe request for a major subdivision fo create fhe Final Plat. Lionshead Sixth Filing. a resubdivision of Tracts G and D. Lot 4. Block 1. VaiULionshead Firsf Filing. and Lot 2. Block 7. Tracts G. H. and a r~ortion of Tract C. VailfLionshead Third Filing. Sections 6 and 7. Townshio 5 South, Range 80 Wesf of the ~~ P. M.. Town of Vail. County of Eacrle. State of Colorado the Planning and Environmental Commission finds that fhe request complies with subdivision regulations and standards as adopted by the Town of Vail" Should the Planning and Environmental Commission choose to approve the major subdivision application, staff recommends that the following conditions be placed upon the approval; The Subdivider shall address the following condition(s) of approval to the satisfaction of the Town of Vaii prior to the issuance of a building permit (B05-Q016} by the Town of Vail Community Development Department for the Lionshead Core Site Hotel: (note: A grading permit shalt. constitute a building permit.} 1. The Subdivider shall revise the proposed Final Plat to include a note describing the purpose of the plat, as reviewed and approved by the Tawn of Vail Community Development Department, and duly record the Final Plat upon approval with the Eagle County Clerk & Recorder's Ofirice. 2. The Subdivider shall execute and simultaneously record a license agreement,. or similar document as determined to be appropriate by the Town Attorney, with the Eagie County Clerk & Recorder's Office, for the subterranean and above-grade encroachments of the Lionshead Core Site 'Hotel onto Town of Vail-owned lands, as depicted on the Approved Building Permit Set of Plans, prior to the issuance of a building permit for the Hotel. VII. A`TTACHI'47ENY'S A. Vicinity Map B. A reduced copy of the proposed Final Plat • • T T 8 ~ ~ ~ ~.~~ ~; u x ~Nm ~~ ~~ g ~ ~( ~_ ~ zap a ~ ~w 55 0 <n gzaJ~ ~ ~g ~ 08 ~~ ~ ~ a ~ .ay~u a ~, ~i~` ~ y ~ Y, t' 4m K Oi~ .-Np~ S $p H pp o Ly ~Ow Z'4~ .~.~ 0 S ~ sir. C ~- ~~``,~o~' ~ rt ~9 ~ ~~3~}art ~ ~~ ~ ~a 2; < ~ ~ ~$< zy ~uW °WY 1z' ~ ,~ 'd ~ b~ . c ~~ o ~ ~. ~ fi~ a' z ~,Ja -~~a~ p srv Pw~ i ~ V~V~~N ~ ~`u ® ~~a ~¢ T ~aV~ - -emu vo 6wF iSY$ ~~ ~~ 0. Q. ~! M, ~a ~~ ~, in _'~,~w~~,c :R a 4~ Lip! 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MEMf3RANQUM TO: Planning and Environmental Commission FRAM: Department of Community Development DATE: March 14, 2005 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12-BD-3, Conditional Uses, Vail Town Code, to allow for a public utility and public service use, located at 2734 Snowberry Drive/Lot14, Block 9, Vail Intermountain, and setting forth details in regard thereto (PEC05-0012). Applicant: Eagle River Water and Sanitation District,. represented by Mauriello Planning Group, LLC Planner: Elisabeth Eckel I. SUMMARY The applicant, Eagle River Water and Sanitation District, represented by Mauriello Planning Group, LLC, is requesting a conditional use permit as outlined in Section 12- 6D-3, Conditional Uses, Vail Town Code, to allow for the continuation of a public utility and public service use, located at 2734 Snowberry Drive/Lot 1 ~, Block 9, Vail Intermountain. The conditional use permit is requested to allow the applicant to replace an existing above ground water tank with a new underground water tank. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions of this request subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPT14lV OF THE REQUEST The Eagle River Water and Sanitation District is requesting a conditional use permit to allow far the replacement of a metal above ground 200,000 gallon water tank with a new 1.5 million gallon below grade water tank. The Water District currently uses the tank at the Snowberry site for support during low flow times of the year and for year round fire flow protection from the center of Town to the West Vail area. The existing tank is partially located on Lot 15, the neighboring lot to the west and overlaps that lot line by approximately five feet. The existing tank and supporting retaining wail will be removed and the affected areas will be re-graded and reseeded to their natural state. The attached vicinity map and pictures are helpful in clarifying the secluded nature of the site ~Attachrnents A and B}. The new tank is proposed for an area of the site where no trees exist. It will be covered by one to two feet of soil and its perimeter will be designated and protected by a six foot (6'} tail black nylon coated chain-link fence, primarily to protect the tank from damage that may occur due to vehicular traffic. The new tank will have a height of approximately twenty-six feet (26') and a diameter of ninety two feet {92'). `, It will be constructed of concrete and will be supported on both sides by permanent and entirely below grade concrete shoring walls. The wall on the north will be approximately seven feet (7') high and the wall to the south. will retain the hillside and is proposed to be approximately thirty feet (30'} high. The height. of the south wall is necessary in order to protect the buildup of water behind the tank ton the south side), which would result in undue pressure on the tank structure. A three foot (3') tall monitoring antenna will be located adjacent to the tank, most likely attached to the nylon fence. EV. The access road that exists an the site will be used during construction. During times of non-construction, the tank will also be accessed regularly; by vehicle during the summer and on foo# or via snowmobile during the winter. The lot is moderately steep with ~25% grades sloping to the northwest, where the existing access road enters the site. The area of the lot proposed to be disturbed totals 40,000 square feet, or just less than one acre. To protect from excessive erasion, a series of three silt fences, each tvuenty feet in length, will be installed to the north of the tank. The applicant is proposing to reseed all disturbed areas with a dryland seed mix. Because the applicant has expressed some concerns about planting trees on the site which roots might interfere with the tank structure, Staff is recommending that 75-100 coniferous saplings be planted at appropriate locations on the site, as signified by the applicant in a~ required landscape plan. The applicant's proposal has yet to be reviewed by the Deign Review Board at its March 16, 2005 public hearing. BACKGROUND The 13.24 acre site was purchased by the Eagle River Water and Sanitation District In 2041. Over the years, the site has been proposed to house various uses, including subdivided lots containing clustered hauling developments, an idea which was discussed in the early 1980's and not supported by Staff due to the difficulty in obtaining access to the units as a result of the steep slopes an the lot. Most recently, employee housing was discussed as an option for the site. Again, the costs associated with accessibility proved to be the biggest deterrent to that plan. REVIEWENG BOARD ROLES Order of Review: Generally, conditional use permit applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Gommission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Tawn Cade. Design Review Board: The Design Review Board has no review authority over a conditional use permit application. Howeuer, the Design Review Board is responsible fiar the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andlor Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission andlar gesign Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials far completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental 2 Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approvals approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS A. Town of Vail honing Regulations For the Planning and Environments! Commission's referenoe, Section 12-1C-1, Vail Town Code, identifies fhe purpose for a conditional use permit as follows: "In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in 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 fo assure compatibility and harmonious development between conditional uses and surrounding properties in the Tawn at large. ~'ses 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 in 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. The site proposed for a new water tank is Located within the Primary/Secondary zone district, which purpose is listed in Section 12-6®-1: "The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in fhe same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. " Furthermore, the fallowing Conditional Uses are allowed within the f rimarylSecondary zone district, as listed in Section 12-6D-3: Bed and breakfast as further regulated by section ]2-14-18 of fhis title. Funiculars, and other similar conveyances.. Home child daycare facility as further regulated by section 12-1 ~-12 of this title. Public buildr`ngs, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utiNty and public service uses. Ski lifts and tows. 3 Type II employee housing unit as set forth in chapter 1 ~ of this title. VI. VII. Vlll ZONING ANALYSIS Legal Description: 2734 Snowberry Drivel Lot 14, Block 9, Vail Intermountain Subdivision Zoning: Two Family PrimarylSecondary Residential Land Use Plan Designation: Residential Current Land Use: Public utility and public service use Development Standard Lot Area: Allowed/Required 576,734 sq. fit. (33.24 acres) Existing na change Proposcci Setbacks: Front: Sides: Rear: Height: GRFA: Site Coverage: Density: Landscape Area: Parking: 20 ft. t 5 ft, 15 ft. 33' N/A 15% X86,510 sq. ft.) 2 dwelling unit 60% (346,04© sq. f#.} 0 spaces SURROUNDING LAND USES AND ZONING Land Use North: Residential South: Open Space East: Open Space West: Residential CRITERIA AND FINDINGS no change 190 ft. 200 ft, <5 ft. ~45 ft. 130 feet ~85 ft. 15 feet NIA NIA NIA 0.3°J° (1,962 sq. ft,) 1.1 % (6,644 sq. ft.) 0 dwelling units 0 dwelling units 99.7% (574,772 sq ft} 98.9% (57fl,fl90 sq ft} 0 spaces 0 spaces Zanino Two Family PrimarylSecondar United States Forest Service United States Forest Service Twa Family Primary/Secondary The review criteria for a request of this nature are established by the Town Code. The proposed water tank is located within the Two Family Primary/secondary Zane District. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Staff beiieves the proposed water tank is consistent with the purpose of the Two Family Primary/Secondary zone district, which purpose includes "such public facilities as may appropriately .be located in the same distrr'cf'. The tank provides additional water storage for the District to provide to the Town of Vail and will result in minimal impact to the residential uses to the north and west • 4 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed structure will have negligible effects on the above-mentioned criteria. Because of the below grade nature of the structure and the manner in which it is to be operated, 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 flow and control, access, maneuverability, and removal of snow from the street and parking areas, Staff believes that the proposed structure will have negligible effects on the above-mentioned 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. The scale and bulk of the proposed water tank will not result in a negative effect upon the character of the area due to its location below grade and its positioning on a hill far io the southeast of Snowberry Drive. Though no trees are proposed for removal, Staff believes the addition of landscaping will help to mitigate any potential negative visual impacts resulting from the access road to the tank. The positioning of the tank on this secluded site will "assure compatibility and harrnanivus o'evelop,ment between (it) and surrounding properties in the Town at large" B. 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 Lionshead Mixed Use-1 Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will 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 will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions the applicant's request for a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Cade, to allow for a public utility and public service use, located at 2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain Subdivision. Staff's recommendation of approval is based upon the review of the criteria described in Section VII of this memo and the evidence and testimony presented. 5 Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the following findings be made as part of a motion: 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. 2. That the proposed location of the use and the conditions under which it would be operated car maintained would not be detrimental to the public health, safiety, or welfare or materially injurious to properties or improvements in the vicinity. ~. That the proposed use would 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 this request, staff recommends the following conditions of approval: Prior to receipt of a grading permit from the Town of Vail Public Works Department, a letter from the property owner of Lot 15, Block 9, Vail Intermountain Subdvision, shall be~ submitted to and accepted by the Town of Vail Community Development Department that grants the applicant permission to re-grade and re-seed the areas of Lot 15 that will be disturbed as a result of the removal of the existing water tank. X. 2. Prior to November 1, 2005, the applicant shall plant 75-100 saplings at various locations upon the site to restore the site. 3. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application and required landscape plan associated with this variance request. ATTACHME[VTS A. Vicinity Map B. Pictures of the Site C. Site plan and tank structure D. Summary from applicant E Public Notice and Adjacent Listing c r~J 6 ~, Y ~~rj. Attachment A ;- ~, .. ~, ,~, T :~ t~'. , ~ ~d n ~ n _ ~ ~ ,TY4~ wt a t ~ ~S Q ~ ~ ~ sa.~ 'u s „~,._ .~ F c~ i ..~> ~ ~."e s ", ~~r. ~. ,~.~; r ~. ~ tx :~ '~ , Y s ~~ ~ ~ r ~ ~`,,~ I R §y k S ~ t ~ k pjy~"S -' .' .r d ( ~, A. ~ 3 ~ ~tl ~ ~~ i;a' gar (9 > 0 11 v v a o ., " ; ,,_ : - } ~~ .:. ~. '~-~: ,, ~t~ ~ -~~ ~~ .~ ~~. 0 S r K O V ~ z attachment B • - .,... . ~;~.~ ~: c ,. • • • i~ • U ~~:!~JSD - i~e~v 1~1,~aier Tank M~urel[o P€anr~in.~ Group. ~~ C 3 View of Sitc from S. rronta~e Read :r ~U2UJu~~~~d i [Tl351 N V1d °JNIOVa`J 1dLLINl 7!N'b'1'.]1M s'4 - --I - - s~.wc", Alva 03 '~IVn ~ - o« ~a 1a1a1S1C3 NDIlV11NbS 3 a31aM a3nla 31J`d3 ~ '^"§~~~ wq .._ ~ ~ - Q ; ~~" a' _ -, .,. -ee €& ~ 4 ~ .. ,,.. ~r Aron y~ a ~j + 9 jl. ~ .. .. ~8: r7 _ , . s s~ ~- ~. --~~ 14 ~ ` , r` 9 ~ . ' . ay ti ./ ~~ ~ .. g~ e3~. "\ . " A~~ `~, ' '~r Y.~ ~I w ,. .. ~ +~tl+~ ,' I l i d~ d d 5 3 i!3®~_nisoesssv.~E~NiM'~MN1P9Y ~, .~. 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M T ppPg5 ~~g_ E s: ;F .f Ala; 55d f y#R #~ ~ ~ 9'-~i ib ~dd~l 3 ~~ C. ~ y. p~ a F ~ e d 3 ~ ~~ i:~ ! ie 3 ~ ? a ~°~ ~ F ceg at sgi~ ~' ~i 9 ' ` ~ ~ ~ ~ iy AR % ~~ q° qw.`s f ~~ ~ ~a~-~ e~LL ~~ ~E F '~ x e c, ~ ~ g~i~ qj: z9 ~ xy 7l~ . t~ B~ ads ~Ba a ~6 5 u F ~~ c. ~iks .a ~ i6~~ ~~~ #; ~p 1Y _... r19 a3 +3 ~ ! 41 g { ~ g 1 Y ~ i `, i ' ~~ U f o!!r ~ a eeY ~ ~~~~ I~~ ~ gg~ '~~~ ~a~3 y ~ ~ ~3c ~ ~~5v 'J~a3~ aR'Y~ ~ t ~ psS~g ~Ec€~ ~r ~ ~~~ QG ~ ~~~1 Y~~q aA~Cxd~! ~, i__ ~ ~d~ys tia ~p q ~~ a' u~~~ ~~g d°q~ + -§~ ~1 qi a `~~ ~ g 3~yYi ~q" • • I[Anl kd RYYr9ppLpLB stlyWy]grlryyy(yy~_ Attachment Q III. ' Conditional Use iZeview Criteria The follr~wing ~s a I~st of the criteria treat the Planning and Zoning Commission is rer~u~red to consider in the revjew of a Conditional Use f erm~t. Relationship and impact of the use on the development ab~}ectives of the Town. Dui .~17alvsls: The proposed water tank will increa.~e water capacity and provide better fire flaw protection from Varl care to tine West l/ail area. The proposed tank wrL! aflow ~Ri~1/5t: to serve its customers a.nd the Town in an ef,`icrent and safe manner. The proposed water tank facrhty rs in conformance with the Truwrr `s development ob~ectrves. 2. The effect of the use on fight and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Our Analysis: The prar~rased use rs located 6elcaw crrade and replaces an exrstr,~g above grade vrater tank. The facility wrlf therefore have little, rf airy, impact on the above rnentroned rsscres. 3. lrffect 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. Our Analysis: The prop©sed use r.~ locat;~d befow grade and replacea an existing above grade water tank. The facility will therefore have IJtt/e, if any, impact on the above mentioned issues. Traffic to and from the site rs very limited. '~ ~eriodre rrspections will occur throughout the year. Winter access, rf regurred, v/ifl be on for. t ar ny sn©wmobile. ~/` r r: ~RWSp -view Wat~r Task ivtaunello Pla-~n,nG Group, LLC ti 4. Ef€ect upon the character of the area in which the proposed use js to be located, ~ncludsng the scale and bulk of the proposed use m relators t® surroundjnr~ uses. QUr Ar~alysrs: The ~ra,~~s®~' use as located bel©c-v grade and re~laees an exestrnr~ above grade c^rater tank. The fac~hty vvrll therefore have Irttle, !f any, rmpact on the above .menf~c~ned issues. • ~RWSD ~- New Water Tank ~ Maur~ello Plann~r,g Group, LLC Attachment E '1 Vi~T V4 ~ti U..L .'t THIS 1TEM MAY AFFECT Y©UF3 PR©PERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 1 ~-3-6, Vail Tawn Code, on March 1~, 20Q5, at 2:U0 pm in the Town of Vail Municipal Building, in consideration of; A request far final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for the creation at the Vail Mountain Park Subdivision; a final review of a variance from Section 12-BA-5, Lot Area and ,Site Dimensions, pursuant to Chapter 1 ~-17, Variances, Vail Tawn Code, to allow for the creation of a new lot less than 35 cores in size, located at Tract E, Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village First Filing, and setting far details in regard thereto. Applicant: Vail Resorts, represented fay Braun Associates, Inc. Planner: George Ruther A request for a final review of a conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground water remediation system), located at 2313 North Frontage RoadfTract B, Vail dos Schone Filing 1, and setting forth details in regard thereto_ Applicant: West Vail Shell Planner: Bill Gibson A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public utility and public service use, located at 2734 Snowberry DrivelLot 14, Block 9, Vail Intermountain, and se#ting forth details in regard thereto. Applicant: Eagle River Water and Sanitation District, represented by Maurieila Planning Group, LLC Planner: Elisabeth Eckel A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, fa allow far an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Tawn Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15°~'° to 2Q%, and setting forth details in regard thereto. Applicant; Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39~, pursuanf to Article 12-9~A), Special Development District, Vail Tawn Code, to allow for the redevelopment of Crossroads, a mixed use ~ development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, pursuant fo Section ~ 2-3-7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow DrivelLot P, A31ock 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East +Dne, LLC, represented by Mauriello Planning Group Planner: Vllarren Gampbell The applications and information about the proposals are available for public inspection during office hours at the Town. of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Tawn of "Jail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published February 25, 2005, in the Vail Daily. Mauriello Planning Group Ad~ace~t property Qvvncrs List ERWSD Water `Tank Froject February 2x05 MILLER, VICTORIA M. APPLE VALLEY RANCH 25944 FLYNN CREEK RD CUSTER, SD 5770 DANTAS BUILDERS INC PO BOX 4015 AVON, CO 81620 KALUSIN, LAWRENCE P O BOX 1925 VAIL, CO 81658 CHAPIN, DAVID M., JR i~ PO BOX 1452 VAIL, CO 81.658 GRAMALEGUI, GREGORY L, 2.614 LARKSPUR LN VAIL, CO 81657 HILB, DAV1D G. & ANNE YOUNGQUIST -JT 1592 MA ~ 1 ~ RHORN CIR VAIL, CO 81657 NYE, RICHARD L. & KRISTEN K.W. -JT 2581 LARKSPUR LN VAIL, CO $1657 HUNT, CYNTHIA L. & SAMUEL WESLEY PO BOX 363 WES i ~itN SPRINGS, IL 60558 TODD TACKLER MEADOW CREEK CONDOMINIUM ASSOCIATION X90 INTERLOCKEN CRESCENT, #500 BROOMTIELD, CO 80021 PRESSLEY INC PO BOX 290 WOLCOTT, COS 1 X55-0290 Ul'~ITEU STATES FOREST SERVICE 2745 US HIGHVv'AY 24 MTNTURN, COS 1 X45 • • MEMORANDUM TO: Planning and Environmental Commission FRCJM: Department of Community Development DATE: March 14, 2005 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12- 7G-3, Conditional Uses, Vail Town Cade, to allow for an accessory use (soil and ground water remediation system}, located at 2313 North Frontage Road/Tract B, Vail das S~chone Filing 1, and setting forth details in regard thereto. (PEC05-0011 } Applicant: West Vail Shell Planner: Bill Gibson L SUMMARY The applicant, West Vail Shell, is requesting a conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Va'rl Town Cade, to allow for an accessory use, located at 2313 North Frontage RoadlTract B, Vail das Schone Filing 1. Accessory uses are only permitted within the Heavy Service District through the issuance of a conditional use permit. This conditional use permit will allow far the continued use of an existing soil and ground water remediation system. Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST This conditional use permit will allow for the continued use of an existing, temporary remediation system used to remove gasoline from the soil and groundwater in the vicinity of the West Vail Shell service station. The visible, above grade portion of this system includes a 10 ft. by 12 ft. utility shed located at the northwest corner of the West Vail Shell site. This temporary remediation of the soil and groundwater began, with Town of Vail approval, in 2040 and was originally expected to be completed by October of 20103. The remediation has continued since 2000, and due to the remaining gasoline levels in the soil and groundwater, the applicant anticipates the remediation will continue for yet another two years (spring 2007). Since the originally approved conditional use permit far the remediation system has expired, the applicant is requesting a new conditional use permit to continue the remediation process at the West Vail Shell. A vicinity map (Attachment A}, the applicant's request (Attachment B), and architectural plans and photographs (Attachment C) have been attached for reference. C J~ III. BACKGRQUND On Qctober 23, 2000, the Planning and Environmental Commission approved a conditional use permit. for a soil and ground water remediation system al the West Vai[ Texaco (now West Vail Shell) with the following two conditions: That the Temporary facility shall be permifted for a maximum ~4-month period. The applicant shall entirely remove the facility from the site and camplefely restore the area to existing conditions by no lafer than Qcfaber 23, 2D02. Should The duration of The facility be required for a longer period of time, the applicanf shall submit a conditional use permit application fa the Town of Vai! Gammunity Development Department requesting an extension to the apprava! period. It shall be the responsibility of the applicant fo cantacf The Deparfinenf fo request an inspection of fibs site to ensure compliance with this condifr'on. 2. The temporary facility shall be used only far The housing and operation of necessary sail contamination remediafian equipment. The facility shall not be utilized far accessary storage of gas stafion materials (ail, fires, engine pads, etc.) IV. ROLES QF REVIEWING BODIES Order of Review: Generally, conditional use permit applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a conditional use permit application, However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and 'Environmental Commission andlor Design Review Board. The Town Council may also cal! up a decision of the Planning and Environmental Commission andlor Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. 2 V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Reguiations, Vail Town Code ARTICLE 12-7G: HEAVY SERVICE DISTRICT (in part} '12-7G-9: Purpose: The Neavy Service District is intended to provide sites for automotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of €he nature of the uses permitted and their operating characteristics, appearance and potential for generating aufamofive and truck traffic, all uses in the Heavy Service District are subject fo the conditional use permit procedure. Jn granting a conditional use permit, the Planning and Environmental Commr`ssr`on or the Town Council may prescribe more restrictive development standards than the standards prescribed for the Disfricf in order t© protect adjoining uses from adverse influences. CHAPTER 12-16: CONQITIONAL USES PERMITS (in part) Section 72-16-9: Purpose; Limitations !n order fo provide the flexibility necessary fo achieve the objectives of this title, specified uses are permitted in 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 fo assure compafibility and harmonious development between conditional uses and surrounding properties in~ the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and fimitations as fhe Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental fo other uses or properties. Where conditions cannot be devised, fo achieve these objectives, appfications for conditional use permits shall be denied. VI. ZONING ANALYSIS Address: 2313 North Frontage Road Legal Description: Tract B, Vail dos Schone Filing 1 Zoning: Heavy Service Land Use Plan Designation: Community Commercial Current Land Use: Automotive Service Station Lot Size: 26,f33 sq. ft.1~.61 acres Standard Allowe dlRe~tuired Existing Proposed Setbacks: Front: 20 ft. 59 ft. no change Sides: 2a ft.12Q ft. 55 ft.I42 ft. no change Rear: 2i3 ft. 77 fit. no change Height: 38 ft. 2D ft, no change 3 Floor area: n!a 2,112 sq,ft, no change Site Coverage: 75°/a {19,976 sq.ft,) 11% (2,825 sq. ft.) no change Landscape Area: 1Q°fa (2,663 sq.ft.} 43°/a {11,517 sq.ft.} no change Parking: per PEC approval 17 spaces no change VII. SURROUNDING LAND USES AND ZONING Current Land Uses Zoning North: t_Jndeveloped General Use South: South Frontage Roadll-7Q Unzoned East: Automotive Service Station Heavy Service West: Restaurant Commercial Gore 3 Vlll. REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The need for a soil and ground water contamination remediation system is a M direct result of the allowed operation of an automotive service station on the site, and the logistics of the remediation effort requires that the system be located in close proximity to the contaminated site. Therefore, Staff believes the continued use of the remediation system at the West Vail Shell is consistent with the Town of Vail's development objects and the purpose of the Heavy Service zone district. Additionally, Staff believes the continued remediation of the West Vail Shell site will have a positive environmental impact to the West Vail neighborhood. 2. The effect of the use on light and air, distribution of population, transportation facilities,. utilities, schools, parks and recreation facilities, and other public facilities needs. The remediation system is regulated by the Colorado Department of Public Health and Environment to ensure the system does not have an adverse affect on the air and environment. Staff does not believe this proposal will have a significant negative effect upon this criterion in comparison to the existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and contrvf, access, maneuverability, and removal of snovy from the street and parking areas. Staff does not believe this proposal will have a significant negafive effect upon this criterion in comparison to the existing conditions. 4 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, The existing remediation structure (i.e. utility sheds was previously reviewed and approved by the Design Review Board. Due to 6t temporary nature, the applicant shall remove the remediation equipment and structure from the site and completely restore the area to its previously existing condition within 30 days of completing all phases of the soil and ground water remediation process or by no later than July 1, 2405, whichever occurs first. Therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion in comparison to the existing conditions. IX. STAFF RECOIVIMEIVDA7EC?N The Department of Community Development recommends the Planning and Environmental Commission approves, with conditions, this conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground water remediation system), located at 2513 North Frontage Road/Tract S, Vail das Schone Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-7G-3, Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground water remediation system), located at 2313 North Frontage Road/Tract B, Vail das Schone Filing 1, and setting forth details in regard thereto, subject to the following conditions: 1. This approve! of a conditional use permit for an accessory use (soil and ground wafer remediation system}, located of 2313 North Frontage Road/ Tract 8, Vai! das Schone Filing 1, shall expire on December 31, 2007. The applicant shall remove the remediation equipment and structure (i.e. 10' x 12' ufilify shed} from fhe site and completely restore the area to its prevr`ously existing condition within 30 days of completing all phases of fhe soil and ground wafer remediation process or by no later than July 1, 2008, whichever occurs firsf. Should the soil and ground water remediation be required for a longer period of Time, fhe applicant shall submit a conditional use permit application to the Town of Vail, for revr'ew and approval, reguesting an extension to this conditional use permif approval. 2. The remediation structure (i. e. 10' x 12' ufilify shed} sha11 only be used for the housing and operation of necessary remediation equipment and shall not be used for the storage of any other materials." 5 Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vl!! this memorandum, and fhe evidence and testimony presented, the Planning and ~nvironmenfal Commission finds: 1. The proposed accessory use (sail and ground wafer remediafian system), located at 2393 North Frontage Roadl7ract B, Vail dos Schone Filing ,, is in accordance with fhe purposes of fhe Zoning Regulations as referenced in Section V of thr`s memorandum fo fhe Planning and Enviranmenfa! Commission dated March 14, 2Q05. 2. The proposed accessory use {"soil and ground water remediafian sysfem), Located at 2313 North Frontage Road/Tract B, Vail dos Schone Filing 1, and the conditions under which if wiN be operafed or maintained are not detrimental to the public healfh, safety, or welfare or materially in}urious fa properties ar improvements in the vicinity. 3. The proposed accessory use (sail and ground wafer remediatian system), located at 2373 North Frontage l?oad/Tract B, Vail dos Schone Filing 9, complies with each of the appNcable provisions of Chapter 12-9&, Conditional Use Permit, Vail Town Cade, as referenced in Secfion V of this memorandum to the Planning and Environmental Commission dated March 14, 2005. " X. ATTACHfVI~NTS A. Vicinity Map 6. Applicant's request. C. Architectural Pions and Photographs D. Public Notice • 6 1 1 h. ~~i L:. .T ~ ~w S ^ t i + "pL..,~ ~Y a ~. `~y'.1 r r •r L x a .. ~ x ~~Y, ti `r* l '. +r i~~ ~' f' T r ~ ~4 a IarsY ~k' t ~ .tai .:- ',i h ~~~• Eh ~ ~ V, Na ~Si ,y. : r : , •',1 ~ F - ~ .,.N"., "' 1~- ~ -ri _ s 'u"-„y~~~~ T~~ 1*7 _ i ~xT°q L ~ `y 4 ~ 1 .id Lam.': ~' ~* ~ ;.''~ ~ `` ~'~ ~-~~' ',: Wp L - ~ ~ ~ r rYr~ ~ 7` it ry.r . 9?b <3 1e4, Q ,~y Y a ~ ~~ L~ ~1, - r 7 L~ 4 ~;'f iI L ~ CU { r ~; ~ ~ O Al r -w.-'. rYe. ;w ~ _ - _~ A'i,~ r 'r L 4_ N r ~ c ,~ ~ 1~ J i r r _ • ~ s '~ L c {fl •~ t .,f - `' ?* ~ h S ~~ Agpyd~' _ Z ~ ~ - 7 4h t.: r i'< ~ r ~~ r' ~ ~' ~`~.) :,; ..R. ~~'S7 r~ " ~ y . 5 ~ r _ ~ } ~ ~ 1 ~ ,~'• r j~ 1 ~ ,r ~ - y ~U., o ~1! .r t y rka vrI ~;~4 1. ~~ ~~ Paa~ 1 F ~~ f ;.'~. O C r l a 4 - ". '' ~ S #~ ~ a ;~ r '.t ~.. ~_ n _^T n~F~t it ;s ti. ,,; yy ~ .l'y 'ti, h~i y, ~ lr" *k :~ ~ i I _I i £~, ...~ ti n z t, R; i ,,;... p'~' ~t ~ ~ S .,,{ :~. r ~ x _. ~~ ~r. ' J Attachrr~~nt: B WRITTEN STATEMENT ~E PR©,1ECT West Vail Texaco -Soil and Geoundwater Remediation System The project consists of a series of underground wells connected by underground piping to a 12' by 10' utility shed containing a blower and sparge unit. The sparge unit pumps air into the groundwater through the piping system. The air strips gasoline from the groundwa#er and is in turn removed by the blower, which is sucking the air from the soil. The air is ejected to the atmosphere under a discharge permit with the Colorado Department of Public Health and Environment, Air Pollution section. The system is a temporary installation and is expected to operate a maximum of another two years depending on the time it takes #o lower the gasoline levels in the sail and groundwater to below compliance levels. This system was presented as a Corrective Action Plan (CAP) to the Colorado Department of Labor and Employment, ^ivision of Oil and Public Safety. The plan was approved by the State and the owner is under order to complete the sail and groundwater remediation. '[. The remediation system should have no impact on the development objectives of the Town. 2. The sys#em discharges a slight amount of vapor to the air. The discharge is permitted by the State of Colorado, Qepartment of Pubic Health and Environment. 3. The system has no effect on traffic. 4. There is no effect on the character of the area. The shed is located on two adjacent parking spaces in the service station for a temporary period. r Attachment C • ~ /% 6D N 0 6D SCALE IN FEET ~s / svl~U~, ~.,J sPa ~, sv~~e~ ~ S~~Ea e 5P3 ~ SV(,a ~~ '.; HIGG~NS AI*TD ASS~DCIATES, i...L.~, Ptaloci No.:f 1Da#e MaRCenuatea; Uate Data CoNecleQ Figure NO.~ I zrozro~ I ~ • LEGEND "1 PROPQ5E0 S01L VAPOR MONITORING WELL LOCATION Q MONITORING WELL LOCAT10N ~„`' SOIL VAPOR EXTRACTION WELL LOCATION ~ SPARGE WELL LOCATION .4ue~nored rme„ Site Map zC West Vai! Texaco ~na~kad Frontage Rc~ 2313 N , Co West Vail GH , Cleanl: ~ocatvan' Daia'~lad ~ ~ItjBSC Valk TGXaCO 2313 N. Frontage Rd I~QW ACaDFila: WesiVaii,CD I NNa}I-56TH-6ll.dwg 'r ~ ~~~_ r !~ ~ i f ,' . ~ ~ , fr_ f f' f.~ E-7s- ~~_~~ ~` 37.8 ~ ~~ P r ~~ ~ ~ ~ G ~ J ~ ~ --.`~.--.- -r~4 ~f / . ~ ~ ~ ~' / F.Li. /~' 827.0 , ~,~ SAP ~~ ~ ~ t~ ~ ~ ~~ f ,7 ~! ~ T7MG\ ~~,~ ~. 91 . ~ - -- - ~ -:~• `- ~~~ x,7417, ~'` ~f y\\\ ~ 4 \ ~~ ., `~. AO ,/ \ J ~ . ~~ ;~- ~; . ,_ AREA ~~ GHT ~-~9rE.5 19(~D .. x. .. ~ ~ EXf~T1NC . X 7~1 ~,~ ~ . ST(7RAG~ , f(f~ ~ CANOPY ~ .: ~`` ~ ~ ~ o- _ ~ ~. ~` . ~~~ .. '~c 2Q' 5E 1~T~1`~U~~~ .J ~~T~ ~~ t,~ a3 ~S C~ c~ O ~ :~. ~ `~ ~C ~~~ Q ~ I O o p ~n .~ -~ ~~ ~ ~ ' ~ ~ Q ~ ~ ~, ~ U r- ~ u .n ~ r c~ ~ ~ ~ ~ ~n - ~~ C.~ 4~-~ -~ 1 CA • ~,~Il~.~~~~a~iI,IIII ~~q $ ~ a i g ti ~r z 3 ~~ u u ~' ~ ~i . c 4~h3 ~.. • ~~ ~~ a€ II iii rr II ~~ II ii ii n Ir la a ,, ! IIrr ~f" II ~I II 'I Ir II 91 ~ f~ i ~R ~~ ii e ~ ~I i+ fi ~ R! ;i ;'l ! li I~ II ~il ~. II rf II II If If Ir II rf fr rr ~f fl 11 If fl f- Iq. _~~ - fl~ - ~~ -- Ij I~ II'- FI ~~ s~ ilk if i~vn zlr waxy ~ ~ ,wry ~° ~ ~ ~ g ~ ~ ~ ~ ~~ ~ ~ r~ ~~ ~a~ s `~ ~~~ ~R ~Gaa c ~~ b ~ h ~ _~ I 7 ~ ~y • ~ yy~ ~ 2SF3 3$" F ~~ ~~I ~ ~ q gp~ p 3~~ ~~ ~p~ ~ ~~~ ~~ ~ y~ ~~,~ ~~~` ~ ~ ~~ ~~~ z,~s_~ ~ t ~~ ~ e ~REpT ~~.~~~ ~ ~EAaR~~~` se~~g ~~~ -~~~_~ ~~~ ' ~~~~~rlfl~ ~ pin [pns~ MyH~ dd J C1dJ 'JSlNril d , a i k i 4~ Ii W A i ~~ k ~ ~ ~~ ~~ ~~~~ ~1 ~~ .. rr ~~ ;~ ~~ ~' ~~4~~ ~ E 8 ~'..+~ ~! d ~~ b8 ~ I' .+'i .~ w ao1IQ~] .r ry~ M1 ~~IO ~:l YJ ~ ~~R 1,, ¢~ 1~r ~~~ ~'` ~ ~ 7 I .~`~ 4`'I ~~`f '.F: R` .~~ Atkachment: D ^_,~~ ~, ~'r~ ~r `~`~l, ` , THiS ITEM MAY AFFECT YOUR PRC}PERTY PUBLIC NOTICE NOTICE 1S HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Varl TOLVn Code, or March 14, 2605, at 2:l}{l pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for the creation of the Vaii Mountain Park Subdivision; a final review of a variance from Section 12-$A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for the creation of a new lot less #han 35 acres in site, located at Tract E, Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village First ,Filing, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner; George Ruttier A request for a final review of a conditional use permit, pursuant to Section 12-7G-3, d''~ Conditional Uses, Va+l Town Code, to allow for an accessory use (soil and ground water ~ ~I~ . {..- remediation system}, located at 2313 North Frontage RoadlTract B, Vail des Schone ~ t~ ~. Filing 1, and setting forth details in regard thereto. Applicant: West Vail SheIN Planner: Bill Gibson A request for a fine! review of a conditional use permit, pursuant to Section 12-5D-3, Conditions! Uses, Vail Town Code, to allow for a public utility and public service use, located at 2734 Snowberry DrivelLot 14, Block 9, Vail Intermountain, and setting forth details in regard thereto. Applicant: Eagle River Water and Sanitation District, represented by Mauriello Planning Group, t_LC Planner. Elisabeth Eckel A request for a final review of a text amendment, pursuant to Sec#ion 12-3-7, Amendments, Vail Town. Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 2c7%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett A reques~ for a recommendation to the Vail Tawn Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code; to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Cade,