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HomeMy WebLinkAbout2005-0328 PECe~ V-~ W C ~~.~ ~ ~ NNW ~' g JZ ~~~~%~ O bu~~yomr ~y .~r}LN~ C O ~ U N~ON~ N~~'noob~~'.. C'" O.- Cl' ~"G ~~SUuS~N~G LL~~ ~~w~+_~ ~W~ Lr ~g~~ mCLgas°1-amm~~ N~{EtfJJ `~ ~y r 4dZ wo~°p~~ ' '- 6 - _ 0 `~mmo~7U°al ~ ~ p ate. C "} ~~~ YE,°c_'c~ E xp()vONg~e : b.y0~~~ m~I ~~~ W p~ 4- ~~ r _ my'cU~~u~i U~°'' to ocm^°$ F c$ c.- N~77.~!p Nr9.n ~cC lOCCmfn ..Ofi G~ .G , mO..T Oi6 ~QY~t17~ y N¢C R Jd ~ i--~a~mg13 W QU O~T o° ~ ? p '~i 7~ V ONE 2 d _c a a' "~ ~ ~~ .-mp ~U@ C ~ EGy 9 r~oa mOa m Sl N f`p' NL .Q C ~}m C ~C] O m U O P~ -rE` mm a ~..~ Cm EC .H C O~ ~ . Q~-a~.~n ~G _ `~ CL ~g C()N ~ E'©f° 9 o p~~5 a~ O ~ s°gy~l~.~p~ ~~~ i C Q p' N ° c `a pUCC C7 m ~ 6~~c i~C ;;Q~ p s r pL`tv~FC ~'oocrmm~®~ ~ ~ ~O`yF¢~CQ W ~~mUEmmam - QC @~ c? O_C C ~ ~5fi ~ N ~ ~~ i9 p m C C C°? 4c C N O 0 O tC dti t5 ¢U°c!1»S2¢ ¢~E~~¢arxE¢ L tl? 'd "G r-f .--t • z ~ ~,~ o v Q U ~ ~ o ~ d W ~ W ~ ~ ~ (~ E.e W d O b a„~ YC b c a~ ~_ Q Q CV ~c~+ O cd b :-. N .~ '~ C 7~ a~ 0 0 3 .~ .r b W GO G :~ °o N 7-, N U rJ O O fQV r-1 it Q~ z .~ v C O .~ .~ T ~~ J W ~ c~ PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING March 25, 2005 TGWU Oi~ Vet,' PROJECT ORIENTATION -Community Devefopmer~t Dept. PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Bill Jewitt Ann Gunion David Viele Rollie Kjesba MEMBERS ABSENT Doug Cahill George Lamb Site Visits: 1. Young Residence - 1450 Buffeter Creek Road, Driver: George Public Hearing -Town Council Chambers 1:00 pm 2:00 pm 1. A request for a recommendation to the Vail Town Council for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, deleting specific noise regulations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Dwight Henninger Planner: George Ruther ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 Staff made a presentation per the staff memorandum dated March 28, 2005 There was no public comment The Commissioners had n© additional comment. 2. A request for a review of an amended final plat for the Cliffside Subdivision and the Ridge at Vail Subdivision, pursuant to Chapter 13-4, Minvr Subdivisions, Vail Town Cade, to amend the lot sezes and configurations of the lots within the Cliffside Subdivision and the Ridge at Vail Subdivision, located at 1450, 1451, 1452, 1453 Cliffside Drive, and 1425 & 1448 Buffeter Creek RoadfLots 1, 2, 3, 4, 5, & 6 Cliffside Subdivision, and Lot 4, Ridge at Vail Subdivision, and setting forth details in regard thereto. Applicant: Mike Young Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 Staff made a presentation per the staff memorandum dated March 28, 2005 There was no public comment The Commissioners had no additional comments and agreed with the conditions in the memorandum recommended by staff. 3, A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town 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 Town Cade, to allow for the creation of a new lot less fhan 35 acres in size, heated 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 6y Braun Associates, Inc. Planner: George Ruttier ACTION: Tabled to April 11, 2@05 MOTION: Dewitt SECOND: Kjesbo VOTE: 5-@-@ 4. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lianshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to April 11, 2005 MOTION; Dewitt SECOND; Kjesbo VOTES-@-@ 5. 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-1 Q, Amendment Procedures, Vail Town Code, to allow 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 Ruins"}IArea A, Cascade Village, and setting forth details in regard thereto. Applicant: Mirus LLC and Wright & Company, represented by Pylman & Associates Planner: Matti Gennett ACTION: Tabled to April 11, 2@@5 MOTION: Dewitt SECOND: Kjesbo VOTE.:S-@-@ B. A request for a final review of a variance from Section 12-fiD-8, Density; Chapter 12-10, Off- Street Parking and Loading; and Title 14, Development Standards Handbook, Vail Town Cade, pursuant to Chapter 12-17, Variances, to a11ow for a residential addition, located at 2854 Snowberry DrivelLot 19, Black 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 April 11, 2@OS MOTION: Jpwitt SECOND: Kjesbo VOTE: S-@-0 7. Approve! of March 14, 24Q5 minutes MOTION: Kjesbo SECOND: Dewitt VOTE: 5-0-@ 8. information Update 9. Adjournment MOTION: Dewitt SECOND: Kjesbo VOTE: 5-0-@ 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 Develapment 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 25, 2005, in the Vail Daily. • PLANNING AND ENVIRONMENTAL GOMMISSION PUf3iLIG MEETING 7y~ /;~ _. ,• March 28, 2005 l U~;T 11C ~~2"~ ~~ •. PROJECT ORIENTATION -Community Devel©pment Dept. PUBLIC WELCOME 1:00 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1, Young Residence -- 1450 Buffehr Creek Road, Driver: George Public Hearing - Tawn Counci[ Chambers 2:00 pm 1. A request for a recommendation to the Vail Town Council for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, deleting specific noise regulations, and setting forth details in regard thereto. Applicant: Town of Vaif, represented by Dwight Henninger Planner. George Rather ACTION: MOTION: SECOND: VOTE: 2. A request for a review of an amended final plat for the Cliffside Subdivision and the Ridge at Vail Subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configure#ions of the lots within the Cliffside Subdivision and the Ridge at Vail Subdivision, located at 1450, 1451, 1452, 1453 Cliffside Drive, and 1425 & 1448 Buffehr Creek RoadlLots 1, 2, 3, 4, 5, & 6 Cliffside Subdivision, and Lot 4, Ridge at Vail Subdivision, and setting forth details in regard thereto. Applicant: Mike Young Planner: Warren Campbell ACTION: MOTION: SEGOND: VOTE; 3. 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 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, Vaif Village First Filing, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Rather ACTION: Tabled to April 11, 2005 ' MOTION: SECOND: VOTE: 4. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed P{an Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bi11 Gibson ACTION: Tak~led to April 11, 2005 MOTION: SECOND: VOTE: 5. A request for a recommendation to the Vail Tawn Council of a major amendment to a special development district (SDD}, pursuant to Section 12-9A-1 ~, Amendment Procedures, Vail Tawn Code, to allow far an amendment to Special Development District No. 4, Cascade Village, far an approved development plan of a new condominium building, located at 1325 Westhaven Drive ~Westhaven Condominiums, aka, "The Ruins"}IArea 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 April 11, 2005 MOTION: SECOND: VOTE: 6. A request for a 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 far a residential addition, located at 2854 Snowberry 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 April 11, 2005 MOTION: SECOND: VOTE: 7. Approval of March 14, 2{}05 minutes IVIOTION: SECOND: VOTE: 8. Information Update 9. Adjournment MOTION; SECOND: VOTE; The applications and informat{an about the proposals are available far public inspection during regular office hours at the Tawn of Vaif Community Development Department, 75 South Frontage Raad. 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 far additional information. Sign language interpretation is available upon request with. 24-hour notification. Please call (970} 479-2356, Telephone for the Hearing Impaired, far information. Community Development Department Published March 25, 2005, in the Vail Daily. • MEMORANDUM TO: Planning and Environmental Commission FRJM; Department of Community Development DATE: March 28, 2005 SUBJECT: A request for a recommendation to the Va`rl Town Council of a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Gode, to delete specific noise regulations, and setting forth details in regard thereto. (PEC05- t~018) Applicant: Town of Vail, represented by Dwight Henninger, Police Chief Planner: Bill Gibson I. SUMMARY The applicant, Town of Vail, is proposing a text amendment to Section 12-14-14, Restaurants,. Bars, or Similar Uses, Vail Town Code, to delete a specific language governing noise from Title 12, Zoning Regulations Vail Town Code. This application is intended to remove a conflicting provision from the Town Code. Based upon Staffs review of the criteria in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning anal Environmental Commission forwards a recorr~rnendation of approval to the Vail Town Council for the proposed text amendment, subject to the findings noted in Section Vl of this memorandum. II. DESCRIPTION ~OF THE REQUEST The intent of this application is to remove a conflicting regulation from the Town Code. The applicant, Town of Vail, represented by the Police Department, is proposing a text amendment to Section 12-14-14, Restaurants, E3ars, or Similar Uses, Vail Town Code, to delete a specific noise regulation. Currently Section 12-14-14, Vail Town Code, limits the volume of noise generated from a "restaurant bar, or similar use"to 50 decibels outside of the enclosing walls of the use. This provision is in conflict with the Town of Vail nuisance regulations which comprehensively regulate noise (part of Title 5, Public Health and Safety, Vail Town Code. The nuisance regulations of Title 5, Public Health and Safety, Vail Town Code are the noise limits currently and historically enforced by the Tawn of Vail Police Department. The proposed text amendments to the Title 12, Zoning Regulations, Vail Town Code, are as follows (deletions are shown in ~sfrflto th:~u~k~, additions are shown in bold):. 12-14-14: RES~AURAIIITS, BARS OR SIMILAR USES: !n districts u~vhere restaurants, bars, or similar uses are allowed, they shall be subjecf fo the following requirements: A. l~'91CC 5~-\~tG' ~y. tl~e---~:,~so ,fit ~ wry Fi.~~ ~rr~ slesi,~ls-t~uf ar c~1ilirfgc ~f t'~e--use: ~- A. Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows maybe treated with appropriate covering. III. BACKGROUNI] The specific noise provision of Section 12-14-14, Vail Town Code, was originally adopted by Ordinance No. 19, Series of 1976. The comments from the 1976 Staff memorandums indicate that this noise limit specifically for restaurants, bars, and other similar uses was adopted for the following reason: "There are presently no regulations pertaining to noise or prr`vacy and we fee! this is important." No other noise regulations were adopted at that time, and this specific noise limit has not been modified since its original adoption. In 1981, the Town of Vail adopted comprehensive noise regulations through Ordinance No. 1, Series of 1981. These noise regulations were integrated into Title 5, Public Health and Safety, Vail Town Code. However, the specific noise provision pertaining specifically to restaurants, bars, and other similar uses of Section 12-14-14, Vail Town Code, was not amended or deleted that time. These comprehensive noise regulations originally adopted in 19$1, regulate noise based upon three location categories: all residential except HDMF (High Density Multiple Family}, commercial plus HDMF, and industrial service zones. The vast majority of restaurants, bars, and other similar uses occur within commercial areas and the HDMF zone district. The noise limits 'rn the commercial plus HDMF category are 65 decibels from 7:OCAM to 11:0(lPM and 69 decibels from 11.OOPM to 7:0DAM. These are the noise limits historically enforced by the Town of Vail Police Department. The Police Department has not historically held restaurants, bars, and other similar uses to a different noise limit standard than other uses in the same location category. The Vail Town Council recently directed the Tawn Staff to update the Town Code as it relates to the regulation of noise. The Town of Vail Police Department and Town Attorney are in the process of updating the provisions of Title 5, Public Health and Safety, Vail Town Code. The Town Staff has identified a conflict between the specific provision of Section 12-14-14, Vail Town Code, (originally adapted in 1976} and the Town's comprehensive noise regulations of Title 5, Vail Town Gode (originally adopted in 1981). While the Planning and Environmental Commission has review authority over amendments to Title 12, Zoning Regulations, Vail Town Gode; the Commission has no review authority over amendments to Title 5, Public Health and Safety, Vail Town Code. IV. ROLES OF REVIl:WIIVG BUQIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a ~ recommendation to the Town Council. The Tawn Council will then review the text amendment application. Planning and Environmental Commission: The .Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. 2 Design Review Board: The Design Review Board has no review authority aver a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Cade. 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 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. V. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code. 1, The extent to which the text amendment furthers the general and specific purposes of the zoning Regulations; and, Staff believes this text amendment furthers the general and specific purposes of the zoning regulations by consolidating the Town Gode provisions related to noise within Title 5, Public Health and Safety, Vail Town Code, Staff believes this will facilitate a more efficient and equitable implementation and enforcement of the Town's noise regulations. 2. The extent to 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 Tawn; and, Staff believes this text amendment better implements the Town of Vail's goals, objectives and policies by consolidating the Tawn Code provisions related to noise within Title 5, Public Health and Safety, Vail Town Code. Staff believes this will facilitate a more efficient and equitable implementation and enforcement of the Town's noise regulations. 3, The extent to which the text amendment demonstrates haw conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is na longer appropriate or is inapplicable; and, The specific noise limit only for restaurants, bars, and other similar uses i prescribed by Section 12-14-14, Vaii Town Code, was originally adopted in 1976 when no other noise regulations existed. The Town of Vail adopted comprehensive noise regulations in 1981 (part of Title 5, Public Health and Safety, Vail Town Code); however, the specific provision of Section 12-14-14 was not deleted or amended at that time. Since 1981, the Town of Vail Police Department has historically enforced the comprehensive noise regulations and has not held restaurants to a different standard than other uses in the same vicinity. The Town Staff believes the appropriate location within the Vail Town Code for provisions related to noise is Title 5, Public Health and Safety, Vail Town Code; and therefore the specific noise provision currently found in Section 12-14-14 of the zoning regulations should be deleted. 4. The extent to which the text amendment provides a harmonious, convenient, wor~Cable relationship among land use regulations consistent with municipal development objectives; and, Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations by consolidating the Town Code provisions related to noise within Chapter 5-1, Public Nuisances, Vail Town Code. Staff believes this will facilitate a more efficient and equitable implementation. and enforcement of the Town's noise regulations. ~. Such other factors and criteria the Commission andlar Council deems applicable to the proposed text amendment. While the Planning and Environmental Commission has review authority over text amendments to the Town's zoning regulations, the Commission has no review authority over text amendments to Title 5, Public Health and Safety, Vail Town Code. The provisions from Title 5, Public Health and Safety, Vail Town Code, regulating noise have been attached for reference. VI. STAFF RECOMMENDATI©N The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council of a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, to delete specific noise regulations, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: 4 "The Planning and ,Environmental Commission forwards a recommendatr'an of approval to the Vai! Town Council of a proposed feat amendment, pursuanf to Section 12-3-7, Amendment, Vai! Town Code, to Section 12-14-74, Restaurants, Bars, ar Similar Uses, Vail Town Code, to delete specific noise regulations, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council far the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: That the amendmenf is consistent with 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 Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 72-~-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its nafural environment and its established character as a resort and residential community of the highest quality. " VII.. ATTACHMENT A. Chapter 5-1 „ Pulalic Nuisances, Vail Town Code (in part) 5 Attachment: A ar t 5-1-6 5-1-7 E. Penalty: Violation of this Section shalE noise source is located by ten {1©) be subject to penalty as~ provided in decibeis. Section 1-4-1 of this Code, in addition to any other remedies provided herein 3. P. noise of five (5) minutes in dura- or allowed by ordinance, law, rule, or tion and a total of five {5} minutes out regulation. (1997 Code; Qrd. 19(1993) of any ten (10} minute period, which 1) exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels. 5-1-7: NOISE YKOf;III3I'I'EUs C. Sound Measurement Standard: For A. Prohibited Ac#: The making and Great- the purpose of determining and classi- ing of an excessive or an unusually fying any noise as excessive or un- loud noise at any location within the usually loud as declared to be unlaw- Town heard and measured in a man- ful and prohibited by this Section, the ner hereinafter set forth, shall be un- noise shall be measured on a decibel lawful, except when made under and or sound level meter of standard de- in compliance with a permit issued sign and quality operated on the A- pursuant to subsection F of this Sec- weighting scale. tion. B. Definition: An "excessive" or "unusual- ly loud noise" shall be defined as follows: 1. Noise of any duration which ex- ceeds the allowable noise limit for the zone in which the noise source is located by fifteen {15} decibels. 1. If the noise source is faceted on private property, the noise shall be measured at or beyond the property 6ine of the property on which the noise • source is located. 2 If the noise source is located on public property, the noise shall be measured no closer than ten feet {10'} from the noise source. 2. A noise, one minute or more in duration out of any ten {10) minute D. Allowable Limits: The fiollowing shall period, which exceeds the allowable be the allowable noise limits for the noise limit for the zone in which the time periods and zones specified; Zoning Designation Of Property On Maximum Number Maximum Number Which Source Jf Of Decibeis Permitted C1f Decibels Permitted Noise Is Located From 7:00 A.M. to 11:00 P.M. From 11:x0 P.M. to 7:00 A,M. AI! residential zones 55 decibels 50 decibeEs excepting HDMF Commercial plus HDMF 65 decibels 60 decibeEs Industrial ,service zones $0 decibeEs 75 decibels ,` ?'oron of'v'ail .y -I~r 1=. Permit To Exceed I_imi#s: Applications for a specified permit to exceed noise level designated in this Section may be made to the Tawn Manager or duly authorized representative. The Town Manager or duly authorized represen- tative may grant the relief as applied far if hefshe finds the following: 1. That additional time is necessary for the applicant to alter ar modify such activity ar operation to comply with this Section. 2. The activity, operation ar noise source will be of temporary duration, and cannot be done in a manner that will comply with subsection A of this Section. 3. That na other reasonable alterna- tive is available to the applicant. ~. That the permit is necessary for the community's cultural, historical ar social benefit, The Town Manager may prescribe any conditions ar re- quirements deemed necessary to minimize adverse effects upon the community or the surrounding neigh- borhood, including but not limited to specific times ar functions at the noise on location of the noise source. Any permit granted by the Town Manager under this Section shall contain all conditions upon which the permit has been granted and shall specify a rea- sonable time that the permit shah be effective. F. Exceptions: The maximum permissible noise limits for the times and zones specified in subsection (~ of this Sec- tion shall not apply to sound emitted from the following: -~-~ 1. Any authorized emergency vehicle when responding to an emergency call or acting in time of an emergency; 2. Activities of a temporary duration permitted by law and for which a li- cense or permit therefor has been granted by the Town, including but not limited to parades and fireworks dis- Plays 3. Any construction equipment operat- ed upon a residential, commercial, industrial, or public premises during the time period between seven o'clock (7:00} A.M, and seven o'clock (7:0©) P.M_; provided, however, that the operation of the construe#ion equip- ment during the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. shall not exceed ninety (90) decibels; 4. Any snowmaking equipment; 5. Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways; 6.l-he sounds ofi any permitted bells or chimes or the amplified reproduc- tions of the sounds o€ any bells or chimes played between the hours of eight o'clock (5:00} A. M. to seven o'clock (7:00} P.M_, provided that said sounds shall not exceed eighty {80} decibels. G. Motor Vehicle Noise: 1. No person shall operate nor shall the owner permit the operation of any motor vehicle ar combination of motor vehicles at any time ar place when such operation exceeds the following noise {evels for the category of motor w! Ta+.un of Vail 5' I-f vehicle and far the designated time period specified in the table set forth below. The standards set forth in this table shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any Tvpe Qf Vehicle _- Vehicles weighing less than 10,000 pounds, manufacturer's gross vehicle weight Vehicles weighing more than 10,000 pounds manufacturer's gross vehicle weight r 4 5-1-7' conditions of acceleration, decelera- tion, idle, greater, load, and whether or not in motion. Maximum allowable noise levels for motor vehicles shall be as follows: Measurement Maximum Allowable Distance Time Period Noise ~.eveEs From Vehicle Any time Any time 80 decibels 25 feet 90 decibels 25 feet • ~. exhaust Muffler'_ It is unlawful for any person to drive or move or far the owner of any motor vehicle to permit to be driven or moved, any motor vehicle or combination of motor vehi- cles at any time which is not equipped with an exhaust muffler. It is unlawful for any person or for the owner of any motor vehicle to change or modify the exhaust muffler, air intake muffler, or any other sound-reducing device in such a manner that the noise emitted from the motor vehicle: a) exceeds the noise levels as established in the maximum allowable noise level table for motor vehicles, ar b) is increased above the sound pressure level of the vehicle as originally manufactured. t - 1. See also Section 5-1-8 of this Chapter. ~"'oaun of Vael 3. Idling Engines_ a. It shall be unlawful for any per- son to idle ar permit the idling of the engine of any bus, truck, or any motor vehicle of any kind whatsoever, for a period of time in excess of twenty (~0) minutes within the Town limits. b. Notwi#hsianding subsection G3a of this Section, it sha11 be unlawful for any person to permit any idling what- soever of the engine of any unattend- ed bus, truck or any motor vehicle, except for refrigeration vehicles, within the bionshead 1Vlixed Use 1, b.ionshead Mixed Use 2, Commercial Core 1 or the Commercial Core 2 bane Districts of the Town. 799 5-1-7 5.1.7 • H. Amplified Sounds: ce t when used far re ularl sched- p g y ' used operative functions by any school 1. Purpose: The Town Council enacts or for the usual and customary pur- this legislation for the purpose of se- poses of any church is prohibited curing and promoting the public com- between the hours of four thirty fort, safety, and welfare of its citizen- o'clock (4:30) P.M. and mine o"clock ry. While recognizing that certain uses {9:00} A.M. of the following day. of sound-amplifying equipment are protected by the constitutional rights c. At the Gerald R. Ford Amphithe- of freedom of speech and assembly, star located within Gerald R. Ford the Caunci9 nevertheless feels obligat- Park, the operation or use of sound- ed to reasonably regulate the use of amplifying equipment for commercial sound-amplifying equipment in order purposes is prohibited between the to protect the correlative constitutional hours at twelve o'clock (12:00} mid- .rights of the citizens of this community night and eight o°clock (8:00} A.M. of to privacy and freedom from public the fallowing day. nuisance and laud and unnecessary noise. d. In all other zones, except such portions thereof as may be included 2. Prohibition And Regulation: It shalt within one hundred feet (t00') of any be unlawful for any person other than residential zone, the operation or use the personnel of law enforcement or of sound-amplifying equipment for governmental agencies to install, use, commercial purposes is prohibited or operate within the Tawn a Boud- between hours of ten o'clock (10:00} • speaker or sound-amplifying equip- P.M, and eight o'clock (8:00} A.fvl. of ment in a fixed or moveable position the following day. or mounted upon any sound truck for the purposes of giving iristructions, e. In all other zones, except such directions, talks, addresses, lectures, portions thereof as may be included or transmit or project music to any within one Hundred feet (100') of any person or assemblage of persons in or residential zone,. the operation or use upon any public street, alleys, side- of sound-amplifying equipment for ' walks, park or place, or public proper- noncommercial purposes is prohibited ty, except when installed, used, or between the hours of ten o'clock operated in compliance with the fol- (10:00) P.M. and seven o'clock (7:00) lowing provisions: A.M. of the following day. The only sounds permitted shall be either mu- a. In all residential zones, no sic, Human speech, or both. sound-amplifying equipment shall be installed, operated or used for. com- The sound emanating from sound- mercial purposes at any time. amplifying equipment shall be limited in volume and intensity for the times b. The operation or use of sound such sound is permitted by subsection amplifying for noncommercial purpos- H2 of this Section shall be as set forth es in al9 residential zones and within in subsection D of this Section. In no one hundred feet (100') thereof, ex- event, shall the sound be loud and 799 Town of Vail 5-1-7 raucous or unreasonably jarring, dis- turbing, annoying, or a nuisance to reasonable persons of normal sensi- tivity within the area ofi audibility. 3. Permit Required; It shall be unlaw- ful for any person, business or corpo- ration to operate sound-amplifying equipment in accordance with this Chapter without first obtaining a per- mit from the Town. Application for such permits will be on forms provided by the Town. The following informa- tion shall be provided by the appl- cant: a. Name, address and telephone number; b. The place or places the applicant will be playing amplified sound; c. The dates and times the appli- cant will be playing amplified sound. All permits shall be valid for a period of one calendar year. Appeal: Appeal of any action of the Town Manager or duly authorized representative pursuant to subsec- tions Eand H of this Section, denying the issuance of a permit to exceed the noise level or to play amplified sounds, may be filed within #hirty {30} days following such action with the Town Council which shall hear said appeal in accordance with its rules of procedure. The Town Council may confirm, reverse or modify the actions of the Town Manager or his/her duly authorized representative, J Penalty: Any .person, partnership, association, or corporation convicted 1. See also subsection 5-1-7G2 of this Chapter. r.. 5-1-$ of a violation of any provision of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. K. Four Day Limit: 1. Any person wishing to play "ampli- fied sounds" as defined in subsection f~ of this Section during any period not to exceed four (4} consecutive days shall not be required to provide the information set forth in subsection H3 of this Section in such person's appli- cation. 2. Upon the receipt of an application to play amplified sound during any period not to exceed four (4} consecu- tive days, the Town Manager, without the necessity of a public hearing, shall either grant or deny the application after consideration of all the relevant factors. Before the Town Manager shall grant any such application, the Town Manager shall be required to make the findings set forth in subsec- tion E4 of this Section. (Ord. 3{1999} 10: Ord.. 20(1988} § 1: 1997 Code: Ord. 151988} § 1: Ord. 26 (1984} § 1: Ord. 32(1982} ~ 1: Ord_ 1 {1981) § 1 } 5-1-$: NIU>FrLE1tS': The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, of a cutout, bypass or similar muffler elimination appliance shall be deemed a public nuisance. (Ord. 18(1966} § 2(e}} 1`arun ©f Vail 799 • • MEMORANDUM TO: Planning and Environmental Commissian FRAM: Community Development Department DATE: April 11, 2005 SUBJECT: A request for fins! review of an amended final plat for the Cliffside Subdivision and the Ridge at Vail Subdivision, pursuan# to Chapter 13-4, Minor Subdivisions, Vail Town Cade, to amend the lot sizes and configurations ofi the lots within the Cliffside Subdivision and the Ridge at Vail Subdivision, located at 1450, 1451, 1452, 1453 Cliffside Drive, and 1425 & 1448 Buffehr Creek RoadlLots 1, 2, 3, 4, 5, & 6 Cliffside Subdivision, and Lot 4, Ridge at Vail Subdivision, and setting forth details in regard thereto (PEC 05-0016}. Applicant: Mike Young Planner, Warren Campbell SUMMARY The applicant, Mike Young, is requesting approval of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Tawn Code, to amend the lot sizes and configurations of Lot 4 Ridge at Vail Subdivision and Lot 1 Cliffside Subdivision located at 1452 and 1453 Cliffside Drive The minor subdivision, if approved, results. in the combination Lot 4, Ridge at Vail Subdivision and Lot 1, Cliffside Subdivision into one parcel, Lot 1, Cliffside Subdivision. Staffi is recommending approval of this application subject to the findings and conditions outlined in Section lX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Mike Young, currently has asingle-family home constructed on Lot 4, Ridge at Vail and owns Lot 1, Cliffside Subdivision, an adjacent lat across which he gains access to his borne. A vicinity map is attached depicting the two lots (Attachment A). The applicant has proposed to combine these two lots with the recording of a new pint entitled Amended Final Plat of Lo# 1, Cliffside Subdivision. A copy of the plat to be recorded is attached for reference {Attachment B). The minor subdivision, if approved, would result in Lot 1, Cliffside Subdivision increasing in size from 12,465 square feet to 45,389 square feet, and the elimination of Lot 4 Ridge at Vail. III. BACKGRQUND Lot 4, Midge at Vaif, is zoned 'Res4dential Cluster according to the dfficial Town of r~ Vail Zoning Map. However, the Declaration of Protective Covenants for the Ridge at Vail, which was executed on .luly 29, 1980, set forth development parameters for all lots associated with the Ridge of Vail Subdivision. For the most part, these protective covenants are more restrictive than the Residential Gluster zone district development standards. On January 14, 1980, the Town of Vail mailed a letter to the Eagie County Planning Commission commenting on the proposed preliminary plan far The Ridge at Vail. With regard to Lot 4, the Town of Vail Planning & Environmental Commission had the following comments: "The excessive slopes on Lot 4 make it almost unworkable. If Lot 4 were deleted, the road could be shortened and the western most townhouse on Lot 5 could be moved down off the ridgeline. The architect for the project is confident a well designed building would make Lot 4 acceptable. If Lot 4 is incorporated iota Lot 5 and the building design can be tied to condominiumization approval, we will review the design mare favorably. Approval of any building on Lot 4 will be given only if the design is for an unobtrusive building, which steps into the slaps and is located on slopes under 40%." On February 11, 1980, the Board of Gounty Commissioners approved. the preliminary plan far The Ridge at Vail. The approval was far 6 townhomes, 3 duplex lots and one single-family lot (Lot 4). On July 25, 1981, PEC approved a minor subdivision request for Phase IV of the Valley (The Ridge at Vail), which combined a portion of Lot 4 and 5. Formerly Lot 5 had an "arm`° which extended along the top of the ridge to the west along the 'north side of Lot 4. Far maintenance purposes and to make Lat 4 a more viable lot; this Lot 5 °'arm" was incorporated into Lot 4. A condition of the 1981 approval was that the existing building envelope remain as approved. Prior to the combination of the "arm" of Lot 5 with Lot 4, the area of Lot 4 was 14,418 sq. ft. In August of 1985; a request to relocate the building envelope was submitted to the Town. This application was later withdrawn. On June 22, 1996, the Town of Vail Planning & Environmental Commission unanimously approved a minor amendment to the building envelope location on Lot 4. In granting an approval, the Commission placed the following conditions of approval on the minor amendment; 1. Within the southern 20 feet of the proposed building envelope, the roof structure shall not exceed an elevation of 8503 feet. 2. On the balance of the site (north portion of the site), the maximum building height shall not exceed 30 feet from existing or proposed grade, whichever is mare restrictive. 3. A driveway/garage access envelope shall be indicated an the final amended plat. 4. Any garage associated with the project shall be located in the northeast earner of the site. 5. Allowable GRFA shall not exceed 2,400 sq. ft + 225 sq. ft. credit far a total of 2,fi25 sq. ft. • On March 13, 2Q00, the Planning and Environmental Commission approved a Minor Subdivision for Lot 4, Ridge at Vail Subdivision to allow for the elimination of the platted building envelope and GRFA restrictions. This allowed the applicant to construct the residence which currently exists on Lot 4, Ridge at Vail Subdivision. IV. ROLES OF REVIEV1fING BOARDS Order of Review: Generally, minor subdivision applications will be reviewed by the Planning and Environmental Commission, and then any appeals would be heard by the Town Council. Planning and 1=nvironmental Commission. Action; The Planning and Enviranmenta! Cammission is responsible for final approva[, approval with conditions, or denial of a minor subdivision in accordance with Section ~ 3-3-4, Cammission Review of Application; Vail Town Cade, Design Review Board: Action: The Design Review Board has no review authority on a minor subdivision,. but must review any accompanying Design Review Board 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 tali 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 Cammission 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 Cade; and a recommendation of approval, approval with modifications, ar denial. V. APPLICABLE PLANNING DOCIJMENTS Town of 1~ail Zoning Code: Title '13: Subdivision Regulations ~partiial~ 13-2-2 definitions Minor Subdivision: Any sufadivisic~n cor7faining not mor@ than four (4} lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property, 13-4 Minor Subdivisions VI. 13-4-1: EXEMPTIQNS 1N PROC~'DURE AND SUBMITTALS: "Minor subdivisions'; as defined in Section 13-2-2 of this Title, shall be exempt fr©m requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an environmenfal impact report if required by Title 12, Chapter 12 of this Code. (Ord. 2(1983,1 § 1) SUROUNDING LAND USFS AND ZONING Land Use North: Residential East: Residential West: Residential 5auth: Residential Zaninp_ Residential Cluster Residential ClusterlSingle-Family Residential Cluster Residential Cluster VII SITE ANALYSIS • Zoning: Residential Cluster Land Use Plan Designation: Medium Density Residential Current Land Use: Vacant Lat/Single-Family Residence Development Standard Allowed Proaased Lot Area: 15,000 sq. ft, 45,389 sq. ft./1.04 acres Dimension: 80'X80' min. exceeds 80'X80' Buildable Area Frontage: GRFA: Access: 8,000 sq. ft. 32,777 sq. ft. approximately 30' min. Lots 1, 2, and 6 will share a common access, CGffside Drive (Private Drive) which has approximately 100 feet of frontage along Buffeter Creek Road. 38°!o of the buildable lot area is allowed. A structure measuring approximately 11,800 sq_ ft. could be constructed on the new Lot 1. Access to the site will be via Cliffside Drive, a private road which is currently constructed. VIII. CRITERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards far the creation at new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code, • 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Residential Cluster District is 15,000 square feet. The proposed area of Lot 1 would be 45,389 square feet. Buildable Area: The minimum buildable area for the Residential Cluster District is 8,000 square feet. The combination of the two lots will exceed the 8,000 square feet requirement. Frontage: The Residential Cluster District identifies a minimum frontage requirement of 30 feet. Lots 1, 2, and fi of the Cliffside Subdivision will share a common access, Cliffside Drive (Private Drive} which has approximately 100 feet of frontage along Buffehr Creek Road. Dimension: The Residential Cluster District requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. The proposed lot meets this requirement 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest wifh the app/icanf to show fhaf the application is in compliance with the intenf and purposes of this Chapter, the Zoning Ordinance and ether pertinent regulations that ffae Planning and Environmental Commission deems applicable....The Planning and Environmental Commission shall review the application and consider ifs appropriateness in regard fo Town policies relating to subdivision control, densities proposed, regulafions, ordinances and resalrrtions and other applicable documents, environmenfal integrity and compatibility with the surrounding land uses and other applicable documents, effecfs on the aesfhefics of the Town. " The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, -safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C) are as follows: To inform each subdivider of the standards and criteria by which development proposals wil! be evaluated and to provide information as to the type and extent of improvements required " Staff Response: Thee applicant was informed as to the standards and criteria by which the proposed pint and future development would be evaluated. One purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant and the community can follow in the public review process. Although this request does not involve the creation of a new subdivision it does include the resubdivision of existing parcels of land, the minor subdivision process is the appropriate process to combine Lot 4, Ridge at Vail and Lot 1, Cliffside. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. " Staff Response: This proposed minor subdivision combines two currently platted lots into one parse! which will not adversely affect adjacent land. 3. To prefect and conserve the value of fend throughout the Municipality and the value of buildings and improvemenfs on the land. Staff Response: The proposed miner subdivision will have no detrimental affect on the value of land within the Town. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: Staff believes the proposed minor amendment will not preclude a harmonious, convenient and workable relationship among land uses consestent with municipal development objectives. The effect of recording this plat will reduce the density allowable of the combined lots from six dwelling units to one dwelling unit (currently constructed}. Gross Residential Floor Area (GRFA) for the proposed combination of Lot 1 Cliffside and Lot 4 Ridge at Vail will be equal to the sum of the allowable GRFA for the existing lots proposed to be combined (no increase or decrease in allowable GRFA). No other development parameters identified in the Residential Cluster zone district are affected by this plat. Access far Lot 3 of the Cliffside Subdivision, currently undeveloped and owned by the applicant, has access opportunities off of Cliffside Drive {private) or off of Buffehr Creek Road. If approved, this plat would restrict access far the future development of Lot 3 Cliffside Subdivision to 13uffehr Creek Raad solely. 5. Ta guide public and private policy and action in order to provide adequate and efficienf transportafion, wafer,. sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: The subdivision regulations are intended primarily to address impacts of large-scale subdivisions of property, as opposed to this particular proposal to amend this plat. Staff does not believe this proposal will have any negative impacts on any of the above-listed public facilities. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable constructron design sfandards and procedures. ', Staff Response: The proposed minor subdivision will clean up the existing condition of the current access, Cliffside Drive, being located on a separate parcel which is owned by a party other than any owner of a let within Cliffside Subdivision. This plat will place the access driveway upon its own parcel and the owners will record covenants for maintenance and access to Lots 1, 2, and 6 of the Cliffside Subdivision. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard fhe water fable and t© encourage the wise use and management of natural resources throughout the Town in order to preserve fhe integrity, stability, and beaufy of the community and the value of the land. Staff Response: The proposed minor subdivision will have na negative affect on the criteria listed above. Findings: The following findings are used for a M'rnor Subdivision: 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Qrdinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. IX. STAFF RECOMMENDATI©N The Community Development Department recommends that the Planning and Environmental Commission approves with cortditiar~s the Amended Final Pia# of Lot 1. Cliffside Subdivision, pursuant. to Chapter 1~-4, Minor Subdivisions, Vail Town Cade, to amend the lot sizes and configurations of 'Lot 4 Ridge at Vail Subdivision and Lot 1 Clifside Subdivision located at 1452 and 1453 Cliffside Drive based upon the criteria evaluated in this memorandum. The recommendation of approval includes the condition listed below and the findings mentioned above. The applicant shall receive a certificate of occupancy for the existing structure located on Lot 4, Ridge at Vail Subdivision prior to recording the Amended Final Plat of Lot 1. Cliffside Subdivision. 2. The applicant shall submit to s#aff for review and approval the covenants to be recorded for access and maintenance of the private road located within "Tract A", to serve as access to Lots 1, 2, and 6 of the Cliffside Subdivision. The covenants for access and maintenance shall be duly recorded by the applicant simultaneously with the recording of the Amended Final Plat of Lat 1, Cliffside Subdivision. • 3. The applicant shall add a note to the Amended Final Rlat of Lot 'I. Cliffside Subdirrision prior to recording the plat which states that "tract A" is to serve as access for Lots 3 , ~, and 6 of the Gliffside Subdivision. The note shall include the Book and Page number of the recorded document governing the access and maintenance agreements. X. ATTACHl6t1ENTS A. Vicinity Map B. Copy of the proposed plat C. Public notice f-~ cS~ $~ s~~ 3 S~~ ~,'E u ~~ ~ o ~4'~a`Y; :' :C _ '- e E i ~~ ~E ~' € g. E~ ~~. c N~ U> ~`a `a~ ~~ ~_ Fp C E ~~ ~,. 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E 4 '~ T ~IR ~ I l d i 9 . 8 d Y ~ Q ~ s! ~ ~ ~ ~ 5~6 ~i~il~~~`~~`~ ,~ 1ft w C^ ~ ~'~ ^~ _ ~~~~ ~ ^~: ~ ~ ~ ~ '558 ~ '+ 'o . y ~5 ~6 ~ ~~' ~" ~ ,~ ~ v'CL ~ ~ u CM '. \ < ~# ~ t $ CJ ~ ~ o 1 .p~~ ~g a ` ~v? .fir a W ~r ~m s o .'~~ ^ ao n+l N r/i abd538 '~~ t~ '~ - - n U & .YB L1 M.OS,4F lON µ ~ ~~MU11 ~a~°,~~ ~R 3 •v~ ~~~ =~ sh~.°~~~ g~n ~~ ~~~!$ • • ~ `JM©'35b91~~P11t~1d32i JNfI©A 371IW LDO-5015~91~5 Attachment: B ~~~~^ yil ~o~~.iv ~F ~,ar~ ~' THIS ITEM MAY AEE*EC7 YDUR PROPER°f Y PUBLIC NC7TICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on March 28, 2005, at 2:00 pm in the Tawn of Vail Municipal Building, in consideration of: A request far a review of an amended final plat for the Cliffside Subdivision and the Ridgy at Vail Subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the lot sues and configurations of the lots within the Cliffside Subdivision and the Ridge at Vail Subdivision, located at 145(1, 1451, 1452, 1453 ` '~;;'`° Cliffside Drive, and 1425 & 1448 Buffeter Creek Road/Lots 1, 2, 3, 4, 5, & B Cliffside ~' Subdivision, and Lat 4, Ridge at Vail Subdivisian, and setting forth details in regard thereto. Applicant: Mike Young Planner: Warren Campbell A request far a recommendation. to the Vail Town Council for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12- 14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, deleting specific noise regulations, and setting faith details in regard thereto. Applicant: Town of Vail, represented by Dwight Nenniger Planner: Bill Gibson A request for a correction to the Town of Vail Land Use Plan to designate the Lionshead Redevelopmenf Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson The applications and information about the proposals are available far 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 Town of Vail Community Qevelapment 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 March 11, 2x05, in the Vail Daily. Attachment C PLANNING AND ENVfRONMENTAL COMMISSION • PUBLIC IIAEETING .' March 14, 2(}05 iYlYr'~ ~F ~',~, . PROJECT ORIENTATfON -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahill Bill Jewitt Rol[ie Kjesbo George Iamb MEIVIBE=RS ABSENT Anne Gunion David Viele Site Visits: 1. West Vail Shell - 2131 North Frontage Road 2. Eagle River Water District - 2734 Snowberry Drive Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm A request far a fnal 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 RoadlTract f3, 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: Larnb VOTE:5-0-0 CONDITIONS; 1. This approval of a conditional use permit far an accessory use (soil and ground water remediation system), located at 2313 North Fron#age Roadl Tract l3, 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 ar by no later than July 1, 2008, whichever occurs first. Should the sail and ground water remediation be required for a longer period of time, the applicant shall submit a conditional use permit application to the Tawn of Vail, for review and approval, requesting an extension to this conditional use permit approval. 2. The remediation structure (i.e. 10' x 12' utility shed) shall only be used far 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 Tucholke, from West Vail Shell, updated the Commission on the current status of the remediation which has been ongoing since 2Q00. There were no public or Commissioner comments. 2. 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 (underground water tank), located at 2734 Snowberry DrivelLot 14, Black 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 Eckel ACTION: Approved, with conditions MQTION: Kjesbo SECOND: Jewitt VOTE: 5-(}-U CONDITIONS: 1. 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 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. Drir~r Ora Alr.a~nrvahrar ~ 7 "~+,~~ *r~~3L_1(11d1 c.~gc~ s, , , , at~a~~~`5~~9~wJ~9nS-#~8~1 ci~cciv-r"~c$tQl-~°~-~e-&it@: 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. Elisabeth Eckel presented an overview of the staff memorandum. Dominic Mauriello, representing the applicant, presented an overview of the application and addressed with 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 .lewitt, Kjesbo, and Lamb agreed with the applicant's request that no hew 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 of the Planning and Environmental Commission. Commissioner 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 negligible. The applicant further responded that construet'ran 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, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15%° to ZO%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett ACTION: Tabled fo April 11, 2i}05 MOTION: Dewitt SEC+DND: Lamb VCyTE: 5-Q-0 Matt Gennett 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 Pots 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 in percentage site coverage allowed upon steep slopes. Matt Gennett replied that the Town is concerned about site disturbance, safety and visual impacts. Mr. Dewitt asked what the difference was between allowing ~0% site coverage upon a steep slope when 5°fo was allowed for an Employee Housing Unit, versus 20% 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 for construction upon the lot to be conducted safely, with the 20% 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 lots for increased site coverage, Chas Bernhardt agreed with Mr. Dewitt about the logic backing an increase in site coverage for residences an 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. Doug Cahill clarified with Staff that #oday's proposal was intended to provide a recommendation to the Town Council 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. Some discussion ensued regarding the sense of reviewing applications for similar proposals on a case-by-case versus a universal basis. The Planning and Environments! 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 on topography over 3(}%° in slope and finally, the number of homes in these instances which constructed Employee Housing Units to increase I 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 commented that a huge effort is invested into maintaining 15'°fo site coverage on these steep slopes, including retaining walls and perhaps even visual impacts in the farm of increased bulls and mass. 4. 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 a resubdivision of the Lionshead Gore Site, located at 016 Lionshead Placel(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting far details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruther ACTION: Approved, with conditions MOTION: Kjesba SECOND: Lamb VOTE: 5-0-0 7. 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 recard the Final Plat upon approval with the Eagle County Clerk & Recorder's Office. 2. The Subdivider shall execute and simultaneously recard a liicense agreement, ar 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 Core 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 permi# far the Hotel. George Ruther 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 metre district. in the area of Lot 3 was being created, which would include lots 1, 2, and 3. The metro district must be created because Vail Resorts could not own Lionshead Place due to neighboring homeowner dissent. The metre distric# would govern Lots 1, 2 and 3 and an election would be needed to farm such a district. Once the hotel was built, this new lot could be deeded back to Vail 13esarts instead of this select group of individuals that form the board governing the metro district. Mr. Petersen finished by saying that small areas of the Arrabel1e land parcel will be needed form the Town (via license agreement or easement) to provide locations far the footings of the hotel. This would be preferable to constructing athree-dimensional plat. Some discussion ensued regarding haw 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 1,000 square feet will need permission from the Town in order to be constructed. Commissioners Bernhardt, Jewitt, Kjesbo, and Lamb declined further comment. Mr. Cahi11 requested that in the future such encroachment issues be resolved prier to such applications coming before the PEC. • 5. A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Gode, to allow for the creation of the Vail Mountain Perk 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 Lat C, Block 5-G, Vail Village First Filing, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruther ACTION: Tabled to March 2$, 2005 MOTION: Bernhardt SECOND: Lamb VOTE: 5-0-0 6. A request for a recommendation fo the Vail Town Council of a major amendment to a special development district (SOD), pursuant t4 Section 12-9A-1 Q, Amendment Procedures, Vail Town Code, to allow 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 Ruins")IArea A, Cascade Village, and setting forth details in regard thereto. Applicant: Minus 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), Specia! 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 far bowling alley;. a request for a text amendment to Section 12- 7E-4, Conditional Uses, Vail Tawn Code, pursuant to Section 12-3-7, 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 Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East Qne, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to April 11, 2005 MOTION: Lamp SECOND: Kjesbo VOTE: 5-0-0 8. A request for a final review of a variance from Section 12-6D-8, Density; Chapter 12-10, Qff- Street Parking and Loading; and Title 14, Development Standards Handbook, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow far a residential addition, lacated at 2854 Snowberry DrivelLot 19, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Mike and Maria Haley, represented by RAL Architects, Inc. Planner: Elisabeth Eckel ACTION: Tabled to March 28, 2005 MOTION: Bernhardt SECOND: Lamb VOTE: 5-0-0 r 9. Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SQQ # 6, 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, 100 East Meadow Drive/Lots M, N and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Waldir Prado, represented by Daymer Corporation Planner: George Ruther ACTION: Staff Approved Marsh 2, 2t1Q5 Gwen 5calpello asked if an increase in the number of hots! rooms would be resulting as a part of this minor 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, 2005 minutes MOTION: Lamb ~ECONI]: Kjesbo VOTE: 5-0-0 11. Information Update 12. Adjournment MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-Q The applications and information about the proposals are available far 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 (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call {97{3) 479-2356, Telephone for the Hearing impaired, for information. Community Development Department Published March 11, 2005, in the Vail Daily. PLANNING AND ENVIRONMENTAL +COMMISSION PUBLIC MEETING ~,,,~",~, ~• March 28, 2005 TC1~1aFYM, ' PROJECT ORIENTATION - G+ommunity Development Dept. PUBLIC WELCOME 12:00 p'm MEMBERS PRESENT MIEMBERS ABSENT Site Visits: 1. Young Residence - 1450 Buffehr Creek Road, 2. Pirateship Park -Tract E, Vail Village Fifth Filing Driver: George Public Hearing - Tawn Council Chambers 2:00 pm 1. A request for a recommendation to the Vail Town Council for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-14-14, Restauran#s, Bars, or Similar Uses,. Vail Town Code, deleting specific noise regulations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Dwight Henniger Planner. George Ruther ACTION: MOTION; SECOND; VOTE: 2. A request for a review of an amended final plat far the Cliffside Subdivision and the Ridge at Vail Subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configurations of the lots within the Cliffside Subdivision and the Ridge at Vail Subdivision, located at 1450, 1451, 1452, 1453 Cliffside Drive, and 1425 & 1448 Buffehr Greek RoadlLots 1, 2, 3, 4, 5, & 6 Cliffside Subdivision, and Lot 4, Ridge at Vail Subdivision, and setting forth details in regard thereto. Applicant: Mike Young Planner: Warren Campbell ACTION: MOTION: SECOND; VOTE: 3. A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town 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 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 Lat 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 Ruther ACTION: MOTION: SECOND: VOTE: 4. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION; Tabled to April 11, 2005 MOTION; SECOND: VOTE: 5. A request far 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 Code, to allow 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 Ruins")fArea 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 April 11, 2005 MOTION: SECOND: VOTE: 6, A request far a 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 Snowberry DriveJLot 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 April 11, 2005 MOTION; SECOND: VOTE: 7, Approval of March 14, 2005 minutes MOTION: SECOND: VOTE: 8. Information update 9. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available far 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 (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2358, Telephone for the Hearing Impaired, for information. Community Development Department Published March 25, 2005, in the Vail Daily. ~~ . , ~~~ s; ii`- ~awN ~~ vArL THIS ITEM MAY AFFECT YOUR PROPERTY 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 12-3-6, Vail Town Gode, on March 28, 2045, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a review of an amended final plat. far the Cliffside Subdivision and the Ridge at Vail Subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configurations of the lots within the Cliffside Subdivision and the Ridge at Vail Subdivision, located at 1450, 1451, 1452, 1453 Cliffside Drive, and 1425 & 1448 Buffeter Creek RoadlLots 1, 2, 3, 4, 5, & 6 Cliffside Subdivision, and Lot 4, Ridge at Vail Subdivision, and setting forth details in regard thereto. Applicant: Mike `young Planner: 1Narren Campbell A request for a recommendation to the Vail Tawn Council for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12- 14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, deleting specific noise regulations, and setting forth details in regard thereto. Applicant: Tawn of Vail, represented by Dwight Henniger Planner: Bill Gibson A request for a correction to the Tawn of Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Tawn of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: BiIC Gibson 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 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 caA 970-479-2356, Telephone for the Hearing Impaired, for information. Published March 11, 2005, in the Vail Daily. •