The URL can be used to link to this page

Home My WebLink About2009-1123 PEC,• �au�voFV�u � MEMBERS PRESENT PLANNING AND ENVIRONMENTAL COMMISSION November 23, 2009 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT Site Visits: 1. Former Gas Station Site — 934 South Frontage Road 2. Adair Residence — 3035 Booth Falls Road 30 minutes 1. A request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance pursuant to 14-5- 2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 30 minutes 2. A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions within the setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC090034) Applicant: John and Katherine Adair Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 5 minutes 3. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: Page 1 5 minutes 4. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to, multiple-family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: 5 minutes 5. A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: 5 minutes 6. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: 5 minutes 7. A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: 5 minutes 8. A request for a final recommendation for the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to January 11, 2010 MOTION: SECOND: VOTE: Page 2 5 minutes 9. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds (West Vail fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: 5 minutes 10. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to December 14, 2009 MOTION: SECOND: VOTE: 11. Approval of October 26, 2009 minutes MOTION: SECOND: VOTE: 12. Information Update 13. 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 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) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 20, 2009, in the Vail Daily. Page 3 TO FROM DAT E: MEMORANDUM Planning and Environmental Commission Community Development Department November 23, 2009 SUBJECT: A request for final review of a conditional use permit, pursuant to Section 12- 71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant Planner: SUMMARY Vail Resorts Development Company, represented by the Mauriello Planning Group Warren Campbell The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, is requesting a conditional use permit to allow for a surface parking lot for employees at the former BP/Amoco gas station site and is requesting a variance to allow for a deviation from the minimum interior surface area landscaping requirement associated with Off-Street Parking and Loading facilities. The proposed parking lot is intended to address the "no net loss" of parking as required within the Lionshead Redevelopment Master Plan. The 59 parking spaces contained within the proposal will be permanently located within the proposed Ever Vail project. Staff is recommending approval with conditions of these requests subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, is requesting a conditional use permit in accordance with Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, to allow for a private parking lot on the former gas station site. Additionally, the applicant is requesting a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the minimum interior landscaped area of 10% that is required for an unenclosed off- street parking area containing 15 or more spaces. Currently, the construction offices and material lay down for the Ritz-Carlton Project are located on the site proposed to become a surface parking lot for employees. It is anticipated that these office trailers and the materials will be removed from the site during the summer of 2010. The applicant has identified that if approved the surface parking lot will be operational by December 1, 2010. The redevelopment of the North Day Lot with an employee housing project will displace the 105 parking spaces located there today which serve the needs of Vail Resorts employees. The 105 parking spaces to be displaced will be addressed in the following manner to ensure that the "no net loss" of parking is achieved. The 40 parking spaces to be constructed in conjunction with the North Day Lot employee housing project received a credit of 32 parking spaces in offsetting the 100 employee beds previously located in the Sunbird Lodge. As the North Day Lot employee housing project will house 124 employee beds the net new number of beds (24) was assessed a parking requirement of 8 parking spaces per the North Day Lot employee housing approvals. As a part of the conversion of the Holy Cross lot to parking in 2003 an additional 6 parking spaces were constructed in anticipation of the redevelopment of the North Day Lot. A total of 59 parking spaces are proposed on the former gas station site. This results in a total of 97 parking spaces (32+6+59) of the 105 be replaced in the manner described above. This leaves a remainder of 8 parking spaces which Vail Resorts will have to locate and identify prior to release of the North Day Lot employee housing project building permit as required in the development agreements for that project. The employees to be parking in this lot will tend to be those working on the mountain and therefore will be making there way to the east from this location. There is an existing sidewalk which runs along the water district frontage and the both the Ritz- Carlton and Gore Creek Residences properties. It is anticipated the majority of the users of this parking lot will be heading east on the described routes and not crossing the Frontage Road. There is no proposed site lighting for this parking lot. The applicant has provided a written document entitled North Day Lot Replacement Parkinq dated revised November 19, 2009 (Attachment A). A set of reduced plans depicting the proposal are attached (Attachment B) III. BACKGROUND The site was annexed in to the Town of Vail through Ordinance No. 26, Series of 2009, which became effective on December 16, 1975. On July 12, 2004, the Planning and Environmental Commission unanimously approved a conditional use permit and variances on the "Holy Cross" lot to allow for a private surface parking lot with reduced interior landscape area and an unimproved surface for a period of a year. The CUP was not restricted with regard to time frame so long as the gravel parking surface was improved with asphalt. This approval included no internal landscaping. 2 IV. ROLES OF THE REVIEWING BOARDS Conditional Use Planninq and Environmental Commission: Action: The PEC is responsible for final approval/denial of Conditional Use Permits The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of the applicable zone district and proposed use include: - Lot area - Site Dimensions - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Variance Planninq and Environmental Commission: Action: The PEC is responsible for final approval/denial of a variance. The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 3 � 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Requlations 12-7 Lionshead Mixed Use 2(LMU-2) District: 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off-site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. (Ord. 3(1999) § 2) 12-71-5: COND/T/ONAL USES; GENERALLY (ON ALL LEVELS OF A BUILD/NG OR OUTS/DE OF A BUILD/NG): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 4 Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Coin operated laundries. Commercial storage. Gasoline and service stations. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehousing. 12-16 Conditional Use Permit (in part) 12-16-1: PURPOSE; LIMITAT/ONS: In order to provide the f/exibility necessary to achieve the objectives of this tit/e, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusua/ or special characteristics, conditional uses require review and evaluation so that they may be /ocated properly with respect to the purposes of this tit/e and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious deve/opment between conditional uses and surrounding properties and the town at /arge. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the /ocation and operation of the conditional uses will be in accordance with deve/opment objectives of the town and will not be detrimenta/ to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(1973) § 18.100) 12-17 Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to /essen such practica/ difficulties and unnecessary physical hardships inconsistent with the objectives of this tit/e as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the /ocation of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity,� or from other physical limitations, street /ocations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-7: PERMIT APPROVAL AND EFFECT: Approva/ of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. (Ord. 48 (1991) § 2: Ord. 16(1978) § 5(c)) 12-17-8: RELATED PERMITS AND REQUIREMENTS: In addition to the conditions which may be prescribed pursuant to this chapter, any site or use subject to a variance permit shall a/so be subject to all other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail. (Ord. 8(1973) § 19.900) Title 14 Development Standards Parking Lot and Parking Structure Design Standards For All Uses (in part) Surfacing: All parking areas shall be an improved paved surface Landscaping: Not /ess than 10% of the interior surface area of unenclosed off-street parking areas containing 15 or more parking spaces shall be devoted to /andscaping. In addition, landscape borders not /ess than 10 feet in depth shall be provided at all edges of parking /ots containing 30 or more parking spaces. A/andscape berm, wall, or fence of not /ess than 4 feet in height, of the same architectura/ style as the building, in combination with landscaping may be substituted for the /andscape border. In deve/opments with cross-access or shared parking facilities, the /andscape border between the deve/opment shall not be required. Lionshead Master Plan The Lionshead Master Plan, adopted December 15, 1998, references the proposed use and specifically the former gas station site in the following sections: 6 Section 3.2.5.2 Amoco Service Station This existing service station (see figure 3-1) is located on the western perimeter of the Lionshead study area east of Red Sandstone Creek. While there are no serious functional issues with the service station today, visual and access issues may become important as the western end of Lionshead develops. Section 3.9: "The ground rules of the Lionshead master plan state that future redevelopment will not cause a net loss of parking. Section 3.9.4 Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parking needs. The north day lot (see figure 3- 15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation center. The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. Section 4.1.5 West Lionshead - Residential/ Mixed-Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a 7 ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. Section 4.8.1 Potential Displacement of Existing Parking The ground rules for the Lionshead master plan mandate no net loss of parking as a result of redevelopment. Properties potentially affected by this policy include: Section 4.8.1.1 North Day Lot The north day lot (owned by Vail Associates) has approximately 105 parking spaces, all utilized by Vail Associates employees. Parking on this site serves mountain workers, Vail Associates office personnel, and employees visiting from the company headquarters in Avon. Because much of the current Vail Associates office space in Lionshead will be relocated when the site is redeveloped, parking demand on the north day lot may also decrease. To facilitate development of the site as a public transit center, it may be desirable to relax the parking requirement if it can be demonstrated that future demand will decrease. Section 4.8.3.3 Potential New Parking Sites a. West Lionshead/Vail Resorts Maintenance Site The construction a second public parking structure at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound I-70 access ramps. Potential logistical hurdles to the use of this site are as follows: �� VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: parking/maintenance Lionshead Mixed Use-2 South: stream tract Natural Area Preservation District East: public utility General Use District West: office Special Development District No. 4 VII. ZONING ANALYSIS Legal Description: unplatted, 934 South Frontage Road West Zoning: Lionshead Mixes Use 2(LMU-2) Land Use Plan Designation: Lionshead Master Plan Current Land Use: construction staging and office Lot Size: 40,699 s.f. or 0.94 acres Proposed Parking Area: 19,393 s.f. Landscape Area Site: 23,312 s.f. (57.3%) Interior Lot Landscape Area: 1,939 s.f. (10%) required - 1,290 s.f. (6.6%) is proposed VIII. CRITERIA AND FINDINGS FOR REVIEW Conditional Use Permit In order to provide the flexibility necessary to achieve the objectives of the Zoning Regulations, 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 and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with 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. 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 development objectives of the town. Staff believes that the proposed parking area will still have a positive impact on the development objectives of the Town. The previous three conditional use permit approvals by the PEC (1990, 2001 and 2003) to allow conditional use permits for surface parking on the Holy Cross site demonstrate the need 9 for parking to be located in appropriate areas to address the parking need for employees. As the former gas station site is located across from the Holy Cross site Staff believes the use of this area of West Lionshead is appropriate for use as a parking facility. The 59 parking spaces on the site will go towards addressing the parking to be displaced by the redevelopment of the North Day Lot. The Lionshead Master Plan states in Section 3.9.4 that Parking displaced by redevelopment on the West Day Lot and North Day lot "must be replaced within the Lionshead study area to satisfy the ground rule requiring no net /oss of parking. " 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff believes the proposed parking area meets the purpose and intent of the above criteria. The proposed parking area will provide an improved parking situation for Vail Resorts employees. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff believes that the proposed parking area is a positive improvement in terms of the above criteria. The anticipated reduction of parking on the South Frontage Road, due to increased parking availability for Vail Resorts employees, will result in reduced congestion, increased safety for employees and skiers, and improved traffic flow. As stated previously it is anticipated that the employees utilizing this proposed parking will be heading east into Lionshead through the utilization of the existing pedestrian network. 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 above criterion is not relevant to the proposed parking area as there are no buildings associated with this proposal. Variance In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 10 The applicant has requested a variance from Title 14 Chapter 5 of the Development Standards Handbook, Parking Lot and Parking Structure Design Standards For All Uses. According to Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, "Not /ess than 10% of the interior surface area of unenclosed off-street parking areas containing 15 or more parking spaces shall be devoted to landscaping. In addition, landscape borders not /ess than 10 feet in depth shall be provided at all edges of parking /ots containing 30 or more parking spaces. A/andscape berm, wall, or fence of not /ess than 4 feet in height, of the same architectura/ style as the building, in combination with landscaping may be substituted for the /andscape border. In deve/opments with cross- access or shared parking facilities, the /andscape border between the deve/opment shall not be required. " Before acting on a variance application, the Planning and Environmental Commission shall consider the following criteria with respect to the requested variance: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed parking area will have little to no negative affect on uses and structures in the vicinity. The proposal will allow the Town of Vail and Vail Resorts more time to develop additional parking for the public. Allowing for a reduction in the required interior landscaping by 659 square feet allows for a parking solution which meets all other Code requirements and fits the greatest number of parking spaces on the site. Additionally, the use of this property, "in this quasi-industrial area of Vail," has historically been for vehicle and equipment storage. Therefore, the continuance of this site as a parking area should not have a negative effect. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff believes that the proposed parking area will be a major benefit to the community in providing a parking area for the employees of Vail Resorts displaced by the redevelopment of the North Day Lot. Because this variance is sought to help provide a solution to the public parking condition throughout the Town, their approval should not be seen as granting a special privilege. The circumstances of the proposed use and the variance required to make them happen are very unique and common only to very few sites within the Town of Vail. Staff believes that the request to reduce the required interior landscaping by 2.4% is not a grant of special privilege as the site includes a large portion of steep slopes which can not be improved and will remain landscaped area, 57.3% of the site. 11 3. 4. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance includes the improvement of a site that was a semi- industrial gas station and vehicle service center and more recently a construction office and materials staging site. The proposed parking area will greatly improve transportation, traffic, and public safety. Staff does suggest that appropriate measures be taken to ensure that suspended materials in snow plowing of the parking lot do not reach the creek. Staff suggests that a combination of straw bales and sediment fencing be installed around the south and west property lins to catch materials and trash that may be plowed from the parking lot during regular maintenance. Such other factors and criteria as the Commission deems applicable to the proposed variance. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. The conditional use permit shall expire on November 23, 2012, unless the proposed Ever Vail project has submitted for Building Permits and is moving forward diligently towards a start of redevelopment. 2. The applicant shall maintain and operate the proposed parking lot at an appropriate level of cleanliness by providing a minimum of two trash receptacles on the site for use by users of the parking lot. 3. The applicant shall provide a plan for ensuring that materials removed during the performance of snow removal operations are prevented from reaching the water courses to the south and west of the site prior to being scheduled for a Design Review hearing. The plan shall be review and approved by the Design Review Board. Should the Planning and conditions the applicant's made as part of the motion: Conditional Use Permit Environmental Commission choose to approve with requests, staff recommends that the following findings be The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 12 That the proposed location of the parking lot is in accordance with the purposes of the Town of Vail Zoning Regulations and the purposes of the Lionshead Mixed Use 2 zone district. 2. That the proposed location of the parking lot and the conditions under which it will be operated and 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 parking lot will comply with each of the applicable provisions of the Town of Vail Zoning Regulations Variance The planning and environmental commission shall make the following findings before granting a variance: That the granting of the parking /ot interior landscape variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the Lionshead Mixed Use-2 zone district as the applicant is proposing compliance with the applicable e/ements of the Town's planning documents. 2. That the granting of the parking /ot interior landscape variance will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for the following reason: The strict or literal interpretation and enforcement of the parking /ot interior landscape area regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Lionshead Mixed Use-2 zone district given the amount of the site that is /ocated on steep s/opes. X. ATTACHMENTS A. Applicant's document entitled North Day Lot Replacement Parkinq dated November 19, 2009 B. Proposed site plan for the parking lot. 13 N O R T H D A Y L O T R E P L A C E M E N T P A R K I N G Pt�ivate Pat�Itir�� Lot to be located at J34 S. Ft�or�ta�e Rd / Ur�platted Parcel Number: 2103-1 ZI -00-005 . ; -�_ : y�� .�•- ..- —' rM - ' _ — � . �� .�° �^~ . .� .. . �. � - � -� " , _3Y ;r � � ��`" � . r �...rr f, .r ' 1 + �- . ' - _,.�-''��' . , - r: �: _ . � �"��FJ �,,::�.. _ � M!{,t � �f � ~ -_ _.�'i�'. -," , ; _ . � , _ . . r,� ,�' ��_ - -.ti -- �".1- ,'r"�; .r . r... , ' � � ' . � - '� F . ' .1,• _ ~�"� ,. �. ' ... - � � � � �� — P . . * 3�� . r�3�r� � ��i, - _ � c j r , � � � R rur�a� � ,.�. IM. ''! n ,+�'� � � x �a ��,� - � � • «.r . .L �`I.. � _ � �. � � r. I i _ _ _. _ � � � II . � �t a � ' � � ' ' �_ � � ' . .. � �'��` • � �r'a'�` � r � � ��,�-� i �� ,. - , ��. , i � 4[.� . . . .. -•-_ , ,�.,,��''t.' J' �; -- r t11117 � �� - '� � ��'" �� ..r� �� f�'.!! - ` 191 ` .y� �� + w , rai '��` - � ,�� 21I '� "`�^-� ,��' , - � �- - - �' - - ' i,. .. _ CONDITIONAL USE PERMIT AND VARIANCE APPLICATION VI�IL RESORTS DEVELOPMENT COMPl�NY Ml1URIELLO PLI�NNING GROUP 11LPINE ENGINEERING October 19, 2009 (Revised 11/19/09) YO lioz 1127. ,�con. CO 81G20 . lelephone: 970.7-15.0920 . dominic(�mp�vail.con� .�c�c�e.mp�cail.com Introduction North Day Lot Employee Housing In February of 2009, thc Town of Vail approved thc construction of 32 employcc housing units along with 9 skicr drop-off spaces to bc located at thc sitc commonly refcrred to as thc North Day Lot, located at 600 W. Lionshcad Circic. This approval, a condition of thc Arrabcllc project, has thc impact of displacing thc 105 parking spaces that currently exists on thc sitc today. This parking is currently used for Vail Resorts employces. Duc to thc Lionshcad Redevclopment Mastcr Plan policy stating that thcre shall bc "no net loss" of parking, Vail Resorts Devclopment Company is obligated to replacc a portion of this parking. Parking Replacement Vail Resorts is proposing that 59 spaces will bc located on thc sitc of thc formcr BP gas station, located at 934 S. Frontagc Rd / Unplatted, in a temporary parking lot until such datc as thcy arc formally replaced by thc proposed Evcrvail project At thc completion of Evcrvail, all of thc parking from thc North Day Lot, West Day Lot, and Holy Cross Lot will bc located within thc parking structurc. Vail Resorts is submitting a building permit this fall and will begin construc- tion on thc North Day Lot employcc housing project in April of 2010, and thc parking lot will bc in placc by Decembcr l, 2010, availablc for thc 2010 ski scason. : � � �,..� '� ' - �~ :� �.�, °. �"_'.� ` �! � � ._: � .+.� � � Cers parked eL the AllL (winLer 2008) Approval Process `T' �' � .�:,�s . � � �� . � - •,� .�"� - i :.�. - W.• , �� View from the pedestria�i u� erpass of the SllL (winter 2008) � . "'--�-� �ntry gate for the AllL (GVinter 2008) The BP site is zoned Lionshead Mixed Use 2. In this zone district, "Public or Private Parking Lots" are listed as a conditional use in Section 12-7I-5, Conditional Uses; Generally. In addition to a conditional use permit, the applicant is requesting a variance from Section 14-5-2, Otber Re- quirements; ParkingLot and Parking Structure Design Standards For All Uses, becausc thc parking lot will not mcet minimum intcrnal landscapc requirements in ordcr to maximizc thc numbcr of \llL i<e�;lacemeu( P�n'lcin� �laurielio Yl�u i�i�� Grou�> parking spaces. Thc requirement for intcrnal landscapc is 10% of thc surfacc arca or 1,939 sq. ft. As proposed, thc BP lot has at 6.5% intcrnal landscapc, or 1,290 sq. ft It complics with all othcr requirements, including snow storagc. \llL i<e�;lacemeu( P�n'lcin� �laurielio Yl�u i�i�� Grou�> Conditional Use Criteria Beforc acting on a conditional usc permit application, thc Planning and Environmental Com- mission (PEC) shall considcr thc factors with respect to thc proposed usc: a. Relationship and impact of tbe use on development objectives of tbe Town. Our Analeysis: Onc of thc ground rules of thc Lionshcad Redevclopment Mastcr Plan Process was "Thcrc will bc no net loss to thc Vail Community of cithcr locals' housing or parking spaces (both public and privatc) now existing in Lionshcad." (Chaptcr 2.4, LHRMP) Thc North Day Lot was particularly noted as a property impacted by this pol- icy, becausc it scrves as parking for mountain workcrs, Vail Resorts officc personncl, employces visiting from thc company hcadquartcrs, along with previously scrving thc employces residing at thc Sunbird Lodgc. Thc Mastcr Plan notes that VR officc spacc will bc rclocated and thcreforc parking demand on thc North Day Lot may also dc- crcasc. Ultimatcly, thc parking displaced from thc North Day Lot will bc rclocated to Evcrvail, as will VR offices currently located at Trcetops. (Phasing of Evcrvail may rc- quirc rclocation in a temporary lot during construction.) Thc solution in thc intcrim is to locatc thc parking on thc Old BP Site, until it is again rclocated into thc undcrground Evcrvail parking structurc. This temporary solution ensures that thcrc is no net loss of parking. Thc applicant is also requcsting a variancc from thc minimum intcrnal land- scaping requirements. This allows thc sitc to bc maximized for parking, and duc to its temporary nature, will have no impact on the development objectives of the Town. �� -� ��. .�� • �_�! � . . .. . � �A - i+ '� s, R _- �. A • 4 � � w � � : � , ,,,.�. Sidewalk into Lionshead (fall 2009) �xisting mature landscaping (fall 2009) � � � Construction parking and PCL Office (fall 2009) \llL 1Zeplaceineul Paricin� �lauriello Plaiiiuii� Group b. 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. Our Analeysis: Thc proposed conditional use permit will allow for temporary parking facilitics for thc displaced parking at thc North Day Lot Thc proposed parking arca will havc littic, if any, on thc remaindcr of thc abovc critcria. c. 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. Our Ana1°yS1S: Thc sitc is currently used for construction-workcr parking and offices for PCL during thc construction of thc Ritz. When no longcr nceded next fall, thc sitc will bc frced up for VR employcc parking. Thc majority of thc sitc is alrcady paved, duc to thc previous automotivc repair shop and gas station that occupicd thc sitc. When thc gas station was demolished, thc pavement for thc associated parking remained. Thc at- tached plans indicatc that thcrc is morc than adequatc snow storagc for thc sitc. In addi- tion, thcrc is a widc sidewalk along thc Frontagc Rd., allowing pedestrians to casily ac- cess Lionshcad. Thc existing landscaping along thc South Frontagc Rd. will remain and is sufficicnt to scrcen thc parking from vicw. d. Effect upon tbe cbaracter of tbe area in wbicb tbe proposed use is to be located, including tbe scale and bulk of the proposed use rn relation to surrounding uses. Our Analeysis: Thc proposed parking lot will havc no impact on thc abovc critcria, as thcre arc no buildings associated with this proposal. \i)L 1<eplacemeul Paricin� �laurielio Ylai ini�� Grou�� Variance Criteria In addition to thc conditional usc permit, Vail Resorts is requcsting a variancc from Section 14- 5-2, Othcr Requirements; Parking Lot and Parking Structurc Design Standards For All Uses, to allow for a variancc from thc requirements for intcrnal landscaping. Specifically, a variancc is requcsted from thc following: H. Landscaping: Not less than ten percent (10%) of the interior surface area of unenclosed offstreet parking areas containing fifteen (15) or more parking spaces shall be devoted to landscaping. In addition, landscape borders not less than ten feet (10 ) in depth shall be pro- vided at all edges of parking lots containing thirty (30) or more parking spaces. A landscape berm, wall, or fence of not less than four feet (4 ) in beight, of the same architectural style as the buildin� in combination with landscaping may be substituted for the landscape border. In devel- opments witb cross access or shared parking facilities, tbe landscape border between tbe develop- ments shall not be required. Beforc acting on a variancc application, thc Planning and Environmental Commission shall con- sidcr thc following factors with respect to thc requcsted variancc: a. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Our Analeysis: Thc proposed variances will allow thc Vail Resorts to providc as many parking spaces as arc rcasonably possiblc on this sitc with littic visual impacts to thc gcncral public. Thc adjacent propertics includc thc following: �� 4�I • f r. rr . '� •'f� `' �\ e � � • ",c�, Y � �� . � ,_ , � � +�� --. � `�fi4r.. � `. � ry rS 1 �r+�, _ 4� � r� - � ��--� � � �� * \llL 1Zeplacemenl Parlcin� fC � � L� �r� � -4 \9auriello Ylannin� Group Most of thc existing uses in thc gencral vicinity arc industrial or commcrcial uses. Thc sitc is actually surrounded by parking lots, all of which havc cithcr also reccived a vari- ancc from thc requirements for intcrnal landscaping or wcrc constructed prior to this regulation. In 2003, thc Holy Cross Lot reccived multiplc variances, including a variancc from thc requirements for intcrnal landscaping and snow storagc. This was granted to maximizc thc parking for this sitc. In addition, thc parking lot that was constructed at ERWSD when thc Old Town Shops wcrc demolished docs not havc intcrnal landscaping (this was donc prior to thc requirement). Thc Glen Lyon Officc Building is significantly separated from thc sitc, by its own parking lot (no intcrnal landscaping) and then by Red Sandstonc Crcek. Thc proposed parking lot will bc adequatcly scrcened from public rights-of-way and adequatc snow storagc has bcen provided. Thc maturc landscaping that exists on thc sitc will remain. Thc proposed variances will havc littic impact to ex- isting and potential uses in thc arca. b. The degree to which relieffrom the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title withoutgrant ofspecial privilege. Our Analeysis: Rclicf from thc strict and litcral intcrpretation of thc regulation requiring parking arcas to contain intcrnal landscaping is bcing requcsted as part of this plan. Thc granting of this variancc will not grant a special privilegc as thc usc as employcc parking is uniquc in thc Town of Vail and maximizing that parking is a goal not only for thc owncr but also for thc Town. Thcrc is significant maturc landscaping surrounding thc property, scrcening it from vicw. Thc circumstances of thc proposed employcc park- ing arca and thc variancc required to devclop thesc improvements arc uniquc and com- mon only to vcry few sites within thc Town of Vail. In addition, thc parking lot is a temporary condition, until its permanent rclocation in thc Evcrvail parking structurc. The proposed variances will allow the applicant and the Town to attain the objectives of thc Town's devclopment standards without a grant of special privilegc. c. Tbe effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Our Analeysis: Thc proposed variancc will allow this parking facility to operatc in an efficient manner, by maximizing the number of parking spaces that can be accommo- dated on the site. The recently completed sidewalk along the Frontage Rd. connects this \llL i<e�;lacemeu( P�n'lcin� �laurielio Yl�u i�i�� Grou�> parking lot into Lionshcad, allowing for safc pedestrian circulation. Thc proposed vari- ancc will havc littic, if any, impact on thc remaindcr of the abovc critcria. \i)L 1<eplacemeul Paricin� �laurielio Ylai ini�� Grou�� Adjacent Owners VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL CO 81657 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUILDING ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, CO 81620 \llL 1Zeplaceineiil Yarlcin� 8 �-lauriello Plannin� Group \ �"� � �_� \/ /� C X � w �_._ _ �_ �� ,�� ,, � �- -f �i � nF �,�3s, Ne�d �Lis �Nlyi�lb'd 1N�W��b'1d3�1 101 J�b'a Hl�JON J.�Ib'�JOdW31 �11S N011`d1S Sb'J d8 � �r,�- � ,,. � oz � ��i � ` 2Y� ¢� h �� J ,±M w r .�,_ � � _. i s _�'_'�_ � __ � , ;- �� , �� ,�' „ �� ,� � ; �_�--_"7t � - � � � � 4 m s c ` s � � � �� \ a � �, i � \ t � � � � , , '� �� ; t _, �� \ � � � a a 0 �I 6 rn 0 a II Q a � � � ��o fszbE oN a � w �� a3��3 w � x w� �d � w� a3��53� � � � � �o x �� c �� o � , �, „ � b � � �+� � � _ - � - �- � ��-r,;� - - =--_ -- ----�m�� --��_ _ < � �-� � � � _ —,_, F� � �, � �. - - � ..-� ,, ��,, _ _ _ _ _ , . � ,.. �� — ��r _ _ �,�� _ ,�� ; X� . �., .,n�- � � I P3 f d =� ,,.�L _ , � p � .,, ....o O�� ° '... ,. - --- ---- --- I�--- --- � � � .. �a�ods ,61X.6-g a�eds ,9lX,g-1 - � / \ � � t� , � i �'' ( � \\ 1 � � I � ° � \�� _ - � � V�✓-��-� r� ° - o � � / W,U � � � � ' l� /� � � \\ � °� ,� � I /' �� ° � � � � �, �� , r�� ; � ��Q � � � z� � �- � / � � � m i � , �w t �� a 4 - t (n U � J'�, } / N � ~ \\ 4 m , W \ �p Q � w � �. X N � H ti,, ° � g � / \\ ,. i � � W Q o � � , -6, o � � �t � o � '+ � r x �� o m � \ ; � �� / o / A ,, `,, , � K � � � t, j � � � �/ / . � m �t �r t V ' ti / \\ ��,� .. �\` � i . 41 �/ � / \ / � /,��r / `:�1 j � 1 ` �' �/ /�/ - �f � � "'��. 1\ ,. , �� L t .. a j i / i\ i �./o� i � i i � � � � / � � _ - i , �� 6 � �� r _1 , n , � w � � � �,\pJ� X � j .- . 7 � \ U � � / tl / U X X d /1�/ �/ i( 6 N� l� � � t � a � / ` ��i ! , � /�%f a �' � ` � y ,, 4 � (n O) DJ � /o� ��y � �� r�� , Y Q � �� 5 � � � � � � � � t �� 1/�o O l �� I�� ,�'" / Q� p � L/ // .. �4 -t� a cn � ` / F `� I , i °' � �n / �� / + � _ s t t� / � / 'n� � � �' / � � ti" � ' ° � � M } � j / �4 4' � f i ` / j% / � � \'�,,, / � �� /!�O f � � t ili,'� i �{ �a / , ��R % ". 4 , - t ' `t � � � ��, _ 1 �t� , , � � � i ,- t �, � ° rc� � 0 0 , � 1�1 4 W i��f'� �; �� r � ,� 1 � � o > � � Z d v� � ; 'a , t- - - � x�� a ° � o ' i�i� i �p � t Q�� ! -' ' � � O I (n W � - ,- .-. .�� 0. � � �� (n UJ�� UT � , I" . � , / p� �{ � WOZ� , . . � / .. � � � ? l U�J W z � i� / . � a - t UU gQr. ` WZZ 1 t Q� WJQ ' ..Z 3W� /.� � � � ¢OY U' J Q (n W J � UJW ��' I � ... . _ --_ �a �� z�aa� ��w�� i =---- Uwa / �5�ww._wa �'';' _ _.w�o.�� / Qww ��X��'! -y � ��i Nao � ��0� u — -- —�, . a a � . U g i � — .. . �� , .- �JJ w � .-' .. ^_ � LJ �G ' � .:'� i � _ __. - i I � W �� i � ' � . � .. I —'— —.. _ t . . .. \ _ �. �/ .i __—.—_ � �� C � V Z `�IIil t� � � > a x 3 0 W U � � � � w m J 3 Nw O N z I sanW'Wd ZO�OT�T 600Z/Z/TT �OZ-LTXTI-T34S'6mp�ue�d-6upae�gNDlTltld\�+P\60090�01\�d °� F0e �, .�.�� 0e �°�°�° "��' N b' � d b' 3�I b' �� b' �J Ol S M O N S �� `�� NI �NRi33NI�N3 �szbE oN a � - — JNlyi�l`dd 1N�W��b'1d3�1 w °-- 101 J�b'a Hl�JON J.�Ib'�JOdW31 NN03N°3 =N �11S N011`d1S Sb'J d8 w "" '�"a° �' 3NId1d soozao �� w� a3N��3a �`, � �� ,� �� . �-�, � � ~~' �� ` {� �' l l� , � : � \. �``�, � t � i � � A V � "`�.,,,� \ ,.� � \,�� `�. �i � ` 2 Y �, �l ` -=� a '� J � m _ � \` /� a �'�.� ` � +� � ` � Q � � � ��...,� �_ _ U �! X � \ \ _ $�� d .h ` ' ' / <'.,.. U� e, o � ..., . �� w... �'� r` k / . _ , � _' __ ..`' w cv � Fa�� - � � � __ � �,� � ° �' u . a ,.. � � _ ��,a��--�.�,� _�.� - _ ' ...�±� 'S�' N z x \ -� , ,._ - _ ._ - . � p, -� .,� _�� v _ ,.-�__,.� ' _ , .� , __ . _ ., _, � � .. m `t � = , - ' a� - � o - , _ _ �'. fx � "�- _ - c7 � � �, -- 1 ' � 1i �� \ � , � o � � � � m � � � i . � m �, f�` 1 �1 � � �_ � I �, ' � 8 v�-,1� �,� 0 � � � �- , � � _ �_ � � r` � �_ i � - � � _ -'�'r�m�° � � �- --�--� <',;� _ _ -- ---- � — / _ -,,� - �— � � � . � ,_ _ _ � �� , , � , � > ,,,. ��_ t�r _ � _ ; r� _ o,�y � , � � � ,� � �,xr � � , � _ k 'y'�_ , . 4 � 1 � /� �' ��. ' � - . C� � '�� _ ��____ ____ � O. . r _ / y �ar, � � �_r_.__-.�t d� � � , �t �� - � � � �; � � a ,�� a , . � � _ �- � � --- --- ---- --- � ca sa�ods ,61X.6-g � a�eds ,9lX,g-1 � �- � �� , i � � {' � � �\ � �'� \ � �\ � t�� , � � � , '. -511��, `` ... 1 �..., ;' /'� ..;.'��' / a � j �� i \ I � � � � � \ �j ii� �' - � \ r \ ti % �� - � v� � � \�1 0 ' � � / W U � � 1` � �� I� t � /� / j � �� t � � t % / Q � � � f � � m � p � 1 / � � ln � �\ P�Jm � � % �� H Q . � � � Z � � �' U % \ / v � m � � 1 F W i /� O \ �/ 4 . 4 - t (n U � J'�, } / ✓ N � � \\ 4 m , W \ �p Q � w � �. X N� H ti�, � � � � i \� .. i � � W Q o � � , -6, o � � �t � o � '+ � r x �� o m � \ ; i � � � a � '� � _6, �i � i �� , � y ' +/ � , �� C� � � 1 i� x lf� . i � � O . �� m t r �t V � ti i i �� N1 � � � � � �'� � � � � /�° �' d 5 , i / � / iti r i � '� i i � 1 '' � r�� 1 � , �, / o ti� � � � �i ' � � � � Q � � '� ', r / � / �r � � � � � � � , � �� p�J 6 `} Z i , n , V w � � � / ��OJ�. X .' j I . � U � � � �l U X X d / � '6 � N.o Q fl i � � / / � O � � t a m �J � �, � 4 � N m � � ` / � � / /� 1�N `� o � , / / // `9 ! m / z U U � �� ' r � x � w y�� ° � �� Y Lai � � / f N ¢ 1, il_ % j � � � � � ��i� � , w w l 1 � I�i ,�"" Q� O Ih �� `t � a N c� ` i�if�/ - o a i �� °' , � a, o i � � � � w {i I, / �� - � � 1 ti t'� � �� -�r b a a o ` t � M � } "" / � � // � Q W � N 4 �/ f / 1 n � �' _ QZZ ,, �� /_/ / � / Q _ _ N \� / � � c �' N ,, i / f � � � N � t ull,'� / / �{ � � � � / � - R � LZ x� 7�� _ 4 � W .. �� ' ` / � � � ` 1'u� a - ' ' � � w �, v� �� i - t � c� � a a � o� n �� A ,%� ,,� z�� o = �° ¢o,�W ,.� �t 4_�W � �,�� 1... .�� - �; c~i>U � - II � o Q � � II S � �� Z d � u� �. �" b , �� _ _ � x�� / i O y $' N� J�QO � (nW�� C) `- i=., /' � U/ I t � � a� o ��a � � wOZO , �� .'�' °' � a° wwww �_ '� U�� w z . .._ l; i :. ,\ / ' ' ' rn � z� � 1 t U U� Q r. _ C., � � � w�z aQa¢ � � �} j� Q ' ' _ ,. Z �w' " / .� O � KOY wK J W ' � " � � W ��' I " - —___--_ a m a�Q�Q�� zF�QQ ��w�� ♦ �-- II v�Za aafn¢ f � Z... X w¢ � ♦ �� W W d' (n �' S~ W LiYi-iJ �W � � � a�> ��z� - �X�OC�',f� ~� '�' �/ w Z � ��gF` ---- ��--� �. .. _ 'b � ,,,. ' I w k'� rnaa o�a�o � w . � �--- - � oN �w� zaoz �- - �� - �n z I I �w (nancn � � e i T � _.� _ ✓��' ,�� _— -.—.._.._ sanW'Wd 6£�60�T 600Z/Z/TT �OZ-LTXTI-Z34S'6mp�ue�d-6upae�gNDlTltld\�+P\60090�01\�d �E,oeo,.�.��o��e��,� �,e3s, Nd�d d��d �dd�saNd� �w �NRi33NI�N3 �Nlyi�lb'd 1N�W��b'1d3�1 °-- 101 J�b'a Hl�JON J.�Ib'�JOdW31 �,��a�d �11S N011`d1S Sb'J d8 � � ��. � ,,\�� , � �� , s ��y: � � � , \< , , � :-..; 1 ``� I 4 \ 5 `1 i \ � ,. \ � 1 1' t _ 1 "�,�. ��-_ �� , t,� _ _ _ , � `\,\ � � a�0 � � � � o' a a = � r o� � \` 't� �� 1 1 �� , � `�r� 1 1 3 � �r �i I 1 1 � V 1 � \� , f m�`-.. \ { � i �. ; � � �. � `, d U Q 0 �I rn rn n O a �� Q w � a � H z W � i x 3 0 w U � � � N w m J Nw O N z I �� I m � /. zm `1 F U ❑ m tnU Npy1 Wa O�Ff � a a � ooc� � a� � > m � '� �, s, Z � x � �, ` 0i m � 4 t iu, �' _ �i � � � ��\ � �� '� N N N � M N Nj � N � IIII U w�� Qoo �� '� 00 �r o°'"��aa �o a II �¢¢ � �x �a II�� O� J�Qaa � O a Q W W W aZ�UWQ6Q W LL Z Q U U V a°��aoo �aa�azz N Z d � U Q Q U�W aV1�JJ a�>�oaoJ Nao cn-�-a J J O � � � �w�a�o�> I�WJ?�?O o� �a° '�`, `i� 'IJ , � I , 5 `�.� �� i�:� \ �a �''� � � il�� : � l` �- ......__ .-.-� �11.. �� y i � `t • I � � � F ' I� I 1 ��i � ......asoa _...- Y �. m � � '.� a� i I,i . � �, �..�.5�6�38 � � I I I � ,., __�_��__ 1I { ��'4... 1 ., '. "� � ,N� /�� ~ �bOB � - i i m N� �'�. �^'�. V i S' � yr$ i �eil�! S- - - -�.a- '�., � f � �No fszbE oN a W �� a3�.,3 W M x >oz,zo �� w� �dao � w� a3��=3a w � w o z—� U ° w u T z y Pa ,-_5 � �� 1, '. \ ,'. ' \:: I,:;: \ ��",� M L �� _ � � .-� �� .,- � � �� +� t � � °� � � �� ods ,61z 5-g ��A� .91x 8 l 4\ % � 1 \ �� \\ \ \ '� � � � � � i f / � ` j \ �� J .,, a � � , ` \ ��,�� 1 , i ka , � � I � � °� �a� 7 - �--"� � " � ��n � .� � �� I K � a � � �� 1 "� I w \�� / � �aa� �� ( � � � t _ � N � ��,� � m . � 1 I w 1� � � � _. , , Ii \ o \ .\ �! . � /� �� ° ! t ,i �l �.� \ � a � � , m � / X O a ,. . \ L . -, ( \ 1 A �.. " /� m � m / _ � � \ � � / S V � \ ��, �j ° � � ._ t , , �. , ' -. -. � � �� / '" /� °� I I: "V �, � � , m_ / o r' i� � �� ° � � \ � � �� r � �� `, ` ` \ �m� �� m � i � � � �� \ V � i "�x ��/� �� o� �� ---�- a x ° � �n � � uaio�' " ./ � o ,Z �.� � � � / a � � � / ,�� / �� l / l m � m Z U U � � i � ; i �-��i �k 1 \ . �� am� ` � t 1� � � - �� / � � � �v� �� Y�4 � S�( . 1� 1��- �� r \ � �i} � . � X � � � �� / Q�� / ' �,�, .. X� \\ �: / � j "�k'o Fa'� � � ' I ', 1 A: !=�, A� .� �� : '� z f . �;' � ' I � i i�` � j �� .�V'v� � # .� � � �n� . ,�„?- �. t � � �� o� � �� \ `.gw s 1 \ � r o � �� w o �- .� �� _ � , � � �w= < , : j� r" � �� \ '>�'�a � � ��" %'"`� � � i � � 1 � zQaQ *", �wa f,� , _ - _____ -- �-. ' � ' 1 w �T ro� � � i�°� _ _ _��v i � � U�/// � ^ f - --- ---- ---- __ ' � � X � I +4� ! � � � � � X � / � � � 1 �. �� . / .�.., .._ _ � .._.% _��__-_ _'..- _�_ � . ��. y . _ � _. _ _ __ ' - � _. - � � �, % i 'r w �� __� � / 31`�Q1_59NtlS Q321 � . �`\ ' _ i i - ;�3�25� _ ._- -�--�- -- � � � - � _ � �- �- �...:` � - ^, - -� � „� -_.l � ___,, �,� `�J —__ ,— �� _ � � � �� ,� � . .. - . �. --_ ----___ / � , - ��_� _ -_, 1 � � 1� .�: -� - - _: _: .._ -- ( I J �1 � _ � � _� _ i _ � �. �t , -'-- �. . I � /////''j� � �,� . ..- — — _ _ — �� 1 l /! �/ .., ... , ' T. � �� t � F � � i � 1 ... .. '- � I / I ^ �r � , ; � / 11 ._ .. � �. ..� {ij�� . � .. � a � � ; � � \ ... �_ , � m r ` - � - ..�. ',I �. I r � � . , . . , .i .,.. , � � � sanW'Wd BT�60�T 600Z/Z/TT �0£-LTXTI-£34S'6mp�ue�d-6upae�gNDlTltld\�+P\60090�01\�d �E,oe o,. �.��o ��e ��,� �,e3s, rv e� d �w �NRi33NI�N3 �Nlyi�lb'd 1N�W��b'1d3�1 °-- 101 J�b'a Hl�JON J.�Ib'�JOdW31 3NId1d �11S N011`d1S Sb'J d8 � �No fszbE oN a W �� a3��3 w � x �oz,zo �� w� �dao � w� a3��=3a ��, �'`` � \ ��-�� 4 � �� i i i ;�, � � /� � +� �"� � � \ �/ �`-. w �, �1 b � �5 / W . � @ � `� � �iu "'� ,� �� 6 : . �� ; c� � �, � � � � � + °-_ ca \ � � � � wa � 1�, - � � _ � � �7 � � � � � � � /� �� . y� . �j � ��'..� � E �.�y `� � \ �I� `\ /� '�� k � ',Z F ��. � �,q 9, 1 \`� I '� �1!_ � ` , \ \ � '4, � � 4.,��. - `\ _ " Y ._.�-_�,_.. � . � - �k � Q'' �^,i � +`�i �,I _ _ , , ':=^.VC .§ - � \`\ \ � i�` 3,..�. � .�.°- ��, � � �� s ��°� °��'�� A ��, � i;', � ; ✓--� ' t s ( ,� � , `�� h � '� V� � �r'� i �, � , `�'� � `� o 1 � � = o�� ` �' � � � �> �''fi� �, � � � q � � �n \, � � � s �� n ti1 1 � � �� I � i 1' : li �'� o i � �. .. ,. _� � i �' '� I � 4..- y It 'i y - •� � ... �,_,.. y . , ti ,�,.. ',❑., � . ��. i w 6. 'A 5�;, }�t l� I ,�. t 1� td� I❑ I `,� �. �,. l , - � I , �� l � I t � �� y R C` ��k�' j � �\ �'� � �� y � �� `� l � � � ` + � � � �� ti� � � �� a .� �� v,* � �� s 'V � `� �y � � . � � �` ^ � � � � �'� � � �° r s • � � '�, i '' ��t�i �� ` � �F��.�� A � ��1 �.�-�?' ��= �y � �\ � ,> �d i �� ..'�� .� � �� \ � , � il y � . � y I � ��, � A, � � �'� � � .�' � ` y - r 1 1 � , � � N � � 1_ � � '�� . ' ��ti� � � �.. �i� I � � �.:� �\ tl�-,a_ i� �� :,, Tp ,� �, � I � �l 9. R o� � � � .- � � � � \ C _:_., � � �1 �� _ � . { i I -� ii �� y �y � � � �� , r _ i \ i 1 _ � ��,� ei ..��:� �'�� ' F1'. . . ' � � � @ �d e�.. Fa " �� t � _ �'""`=-3eo�..,. I � 1 i 1 - Y" \ - \ t = ; � i �� , A � f . �� _ �`' --- `� „ � �r — �� ' � �� '�� r ��. � � '� - �" `�,+-- ��- iL � � � � ° ' } �' � � _ , `� � �1 ��y`��" 1� m I �-..' _�' .. - - � �}' ( � t°^i ;v_ �L �� ti � � �� ' j /�� P ,' �i. � � � uws � &I��i i i i ..... �i� �j�- �. , � �� r' � � . .t � � -_ r i '�, - �.»�1F}�, � . .... � i .�m �l i � oi �'�"i '� ` � ;. '"' � � '. t j � �.: - ---- � � - � _�� '"' .i ��L �� ^�� ' � i �� n § '� � , 'W� l.� , � _- -- _ _ .. � � , -�"^�+�,w�� i 4' 1 i V '� �Xi �\ � ' �; � � � - _ 2, � _ �`"�4,F us� i. �� \ ��` �I �4 �t �� m %i � :. '� � � ,i� � � � "�� .r� � ' ��..:� � A ,' � , .-� -�iu� � �.f — � � � : � �� 7 � W � �M, � � \ \! � i �ods ,61*.6-8 a�oda 91+�8-1 , 1 \ \ '�� v� , WE 1 ' \i ,. �� / � V � � � � _�, �4 � �, � 1 � '�� , + � � ,,:, , - � �'r--+� �� 1 �4 1 � � / , ,. � � � � � � m 6 . , t .z ii � i�, 1 � r , ». - � ::� �, �, __ � � , � � � �,� ; , � ,',� I \ �� , � '� �1 � �1 t� � � / � / �� i � � 5� �� .i � � ��a � `� � � � �i i � ti ��/� / a+ i �� .r � `�� m � Wo � � � '�� < ��Q �, /�/�m �� i � � \ �� , �y � `� � � �` � j � �� i s / �� , � ' ,�� 1 �� 1 F ��, / / �� i � �� ti �` � � f' . � ,� � � i � f� u i� � �� , � 1� •� a e �'� �h wmem� � � �� `��A z� �`i`5�, ,.�\\11 m,,, �� 4 W / i �/ / /� � e ,� �%��' S �:: ��\ �``\ * ... \� � Il � � �� i / a3`� ' � � � '' I � � \� w � � 1 �o � j/ \� � � � �� - r\0 � � � ` _ /n�� o- � /� � / \ �� I :0 � � �1 � 1 m i/ �y� � �� , �i �1 ! � , � / /� j �� A o � �� ` ti a �t j,y � /�` /— '' `' V � � �4- � �� "� �� `� � �� i/ / i�� 6 � �� '� 1 � � �, 1 �i� �`" �' �' � � �_�, � / A � 1 � � i l l % ,/ . � �� r � , r . \ ��, 1 � � I \ � �K � } �. ; f a.�_ � �-� - 1 � �I \ � \_ � � �l � o �� .�� ,, ,, �� ,, ��. � �� _ — ,� ,,, �� , � . �� ♦ ; `; �� 1 1 1 � ��3a^ .. : � ':: -------------- � � ,_ � m � � �� T � _ __ _ �� ,� '� � � � � � �� ,�.� � - _, _'�- .. � o �.q � . � � � �,� _...� _. , \ _ „ . � �.. .`/ . . . �, m m o �� r _I.. — , � � �� , ' �`}— - -------- I � " , � �, . .- . -- r - �, _ �_ �, - __ � w i , __-- _ . , T � _ i � � � _,- - f- . \ _, .._ .., \ , -' , � -'- - `.._ �. �- . � � `„ . . , `f �_ , r �'��' /- ��, 4 � - `, 1 a; , �` � _ , � -- -_ ��----- _ a. \ � , _ �_. . , _--- - _'�::� _ _ _. _ _ _ �_,_ r �. '� � /' ' _�.� �a3� 3NOisaNVS a3 � _- ' - " _ _ � ri � v � .", _..' -_ � ' � , - 1 , i - _ �... .. --_-• _ .. •-d � -� - � .,. �/ i ' O ' _ � _.T- — - � __ ' � . �-''��\ I ; / i ' _ _ _ � � _ j _ k , � — � L � �.- � - � '�- =`,.. �� _ o -- - �, � �� , �� ° � � � � , - ---- ---- �� , _ _ � ,_ s � -- -- - . - '`�, �' � - -- - �, ��' ..i _ - y-- r . � -- - �-�-- - " . � � � � � ... � ... �� i y�� ,,r� - - - _ _ �� / -- - - _ _ —' � , �� _ r , -- _ ---- -_ ^ _ ,o -=_°-`__� _� '� � � , ,_,-- , , � � � `- -f . � ----- , , � , _ _ �, , �,�r ti °� _ �• i , �_I� ,, '� � � ,_ � -� _ � � � ��f, i � � � , _ _ ; � ; �� - � � ` �. � ' �; - �. �, - ' � � � � � a _ . ' ;� ` ! � i e i a � ` r'. &� �� o , a _ � m � w � , ^ . . � e m , , � � `, _ m t 1, � o= , I �i � f. �,� � �F,� �; � r �°; ,1 r e � ,m, j� � � t , ; �. ,� �� % il ) �, , � i� sanW'Wd 65�90�T 600Z/Z/TT �Ob-LTXTI-4345'6mp�ue�d-6upae�gNDlTltld\�+P\60090�01\�d MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 23, 2009 SUBJECT: A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC090034) Applicant: John and Katherine Adair Planner: Bill Gibson SU M MARY The applicants, John and Katherine Adair, represented by Braun Associates Inc., are requesting a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. 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 of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, John and Katherine Adair, represented by Braun Associates Inc., are requesting a variance to allow for a front and side setback encroachment to facilitate construction of an addition, located at 3035 Booth Falls Road. The subject site is located at the north end of Booth Falls Road adjacent to the Booth Falls trailhead. The western portion of the subject site is encumbered by significant wetlands, a moderate debris flow hazard area, and utility easements. Previous owners of this property have obtained setback variances for the existing residence on three separate occasions. This proposed renovation will first involve demolition of the existing 577 sq.ft. two-car garage located on the north side of the existing residence. Approximately 150 sq.ft. of this existing garage (26%) is located within the side and front setbacks. The existing front setback encroachment is approximately 1'/2 feet in length at the northeast corner of the garage. The applicants are proposing to construct a new 591 sq.ft. garage, with a second story bedroom, that will encroach eight feet into the required twenty foot front setback (the addition will be 12 feet from the property line). The applicants are also proposing to construct a mud room, stairway, and master bedroom addition to the rear (west) of the proposed garage. The master bedroom addition will cantilever over an existing stream and be supported by three columns located on a non-wetland island within an existing wetlands area. These proposed additions will encroach 10 feet into the required 15 foot northern side setback. A vicinity map, plat excerpt, and building footprint map (Attachment A); the applicant's request (Attachment B); and proposed architectural plans (Attachment C) are attached for reference. III. BACKGROUND The subject property was annexed into the Town of Vail August of 1972, and subdivided with Town of Vail approval in November of 1972. Construction of the existing single- family residence was completed in April 13, 1976. The Planning and Environmental Commission reviewed and approved a north side setback variance for the construction of the existing garage on September 9, 1976. A hardship was identified as the "Town of Vail water filter backwash pond which creates streams on the rear two-thirds of the /ot. " The Planning and Environmental Commission reviewed and approved a south setback variance for the construction of a greenhouse addition on April 20, 1979. Staff noted that the proposed greenhouse would not have "any impact to neighbor", but recommended denial of the request based upon a grant of special privilege since the house was 30 feet from the north property line. The Planning and Environmental Commission reviewed and approved a front setback variance for the construction of a front entry and an addition connecting the garage to the house at its March 23, 1998 hearing. A hardship was identified as the "extensive wet/ands including a pond which provides f/ood storage, a number of drainage swa/es and utility easements. " The applicant remodeled the existing kitchen located at the center rear of the building in March 2004. No variances were required. In 2008, the applicants requested a front setback variance for a 14 foot encroachment into the required 20 foot front setback, and an 11 foot encroachment into the required 15 foot north side setback. These setback variances were requested to accommodate the constructions of a new garage with second floor "bonus room". To the rear of that proposed garage, the applicants proposed to construct a mud room, stair, and master bedroom addition. The previously proposed master bedroom addition was similar to the current proposal in that the addition would cantilever over the existing stream and be supported by three columns located on an island within a wetlands area. At its March 10, 2008, public hearing, the Planning and Environmental Commission denied the applicants' variance request. The Commissioners identified concerns that the proposal went "beyond the minimum degree of relief necessary" and that other areas of the site could potentially accommodate an addition to the existing house without a setback variance. The applicants have submitted a new request for side and front setback variances. This current request will facilitate the construction of a new garage, second floor bedroom, � � mud room, stairway, and master bedroom addition similar in architectural design to the applicants' 2008 proposal. The applicants' current proposal differs from the 2008 proposal as follows: • Proposed front setback increased from 10 feet to 12 feet (20 feet required). • Proposed side setback increased from 4 feet to 5 feet (15 feet required). • Proposed Gross Residential Floor Area (GRFA) reduced by 374 sq.ft. • Proposed site coverage reduced by 260 sq.ft.. • An updated Wetlands Impact Report has been submitted. • A Debris Flow Hazard Assessment has been submitted. • Eagle River Water and Sanitation District testimony has been submitted. • Neighboring property owner testimony has been submitted. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-6C: Two-Family Residential District (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single-family or two-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two-family 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. 12-6D-6: Setbacks In the R district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). Chapter 12-17: Variances (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to /essen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this tit/e as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practica/ difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity,� or from other physical limitations, street /ocations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. V � VII. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Lot Size: Hazards: Standard Setbacks (min): Front (East): Side (North) Side (South) Rear (West) GRFA (max) 3035 Booth Falls Road Lot 12, Block 1, Vail Village 13t" Filing Two-Family Residential District Low Density Residential Single-Family Residence 19,040 sq. ft. (0.437acres) Medium Hazard Debris Flow** Allowed/Required 20 ft. 15 ft. 15 ft. 15 ft. 7,025 sq. ft. Existin 17 ft.* 9 ft.* 8 ft.* 85 ft. 3,529 sq. ft Proposed 10 ft. 5 ft. no change 57 ft. 5,119 sq. ft. Site coverage (max.): 3,808 sq. ft. (20%) 2,475 sq. ft. (13%) 3,387 sq. ft. (18%) Parking 4 4 (2 enclosed) 4 (2 enclosed) *existing setback encroachments were approved by previous setback variances **reclassified from High Severity to Medium Severity Debris Flow on July 19, 1998 SURROUNDING LAND USES AND ZONING Existinq Use Zoninq North: ERWSD Facilities General Use South: Single-Family Residential Two-Family Primary/Secondary Residential East: Multiple-Family Residential Low Density Multiple-Family Residential West: Open Space Natural Area Preservation REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This proposal further reduces the setback of the applicants' home to the north side property boundary from the existing six feet (approved through a previous variance) to five feet. The property located directly north of the applicants' home is owned by the Town of Vail. Various existing water and sewer utility easements and facilities are located on the Town owned lot and the western portion of the applicant's lot. In a September 30, 2009, letter (Attachment H) the Eagle River Water and Sanitation District inventoried their existing facilities on both the Town's and the applicants' properties. The letter states that "the District has reviewed the proposed addition to the Adair house, including an extension of the structure into the norma/ Town of Vail setback from the 4 property line, and has determined that this remodel will not interfere with District easements. " Staff believes the proposed five foot north side setback will preserve the applicants' ability to access and maintain their property without trespassing onto the neighboring lot. This proposal further reduces the setback of the applicants' home to the front (east) property boundary from the existing 18 feet (approved through a previous variance) to 12 feet. The applicants' current proposal meets the Town's minimum parking standards and the proposed garage will be located 25 feet from the Booth Falls Road edge of asphalt which exceeds the Town of Vail's engineering policy for a minimum 20 foot separation between garages and roadways. The nearest adjacent residence is located to the south of the subject site. Since the proposed additions are located on the northern portion of the subject site, Staff does not believe this proposal will have a significant impact on the southern neighbor in comparison to existing conditions. A Wetlands Impact Report, dated October 21, 2009, by Watershed Environmental Consultants, Inc. (Attachment E) was completed for the applicants' proposed addition. This report indicates that the proposed addition will "necessitate minor wet/ands impacts" subject to Army Corp of Engineer's approval. The report indicates that the anticipated impacts could be covered by Nationwide Permits #29, Residential Development, and #33, Temporary Construction; and that `it is reasonable to believe that these permits will be approved." The report further identifies that the applicants' proposed addition will maintain the existing "wet/and hydro/ogy and hydric soils", but "the wet/ands vegetation covered by the cantilevered addition may be negatively affected." The report clarifies that "very litt/e wet/and vegetation currently exists" in the location of the proposed addition and the "function of this aquatic and wet/and feature"will be maintained. A Debris Flow Hazard Assessment, dated November 13, 2009, by Michael W. West & Associates, Inc., Consulting Engineers and Geologists (Attachment G), was completed for the applicants' proposed addition. This report concludes "...the Adair's proposed addition will not increase the hazard to other properties or structures, with a reasonable degree of engineering certainty. " Neighboring property owners at 3005-A Booth Falls Road, 3021 Booth Falls Road, and 3130 Booth Falls Road have each submitted a letter to the Planning and Environmental Commission in support for the applicants' variance request (Attachment I). At this time, the Town of Vail has not received any correspondence in opposition to the applicants' request. Therefore, Staff believes this proposal will not negatively impact the other existing or potential uses and structures in the vicinity compared to existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. 5 As shown on the vicinity map, plat excerpt, and building footprint map (Attachment A); the subject property is comparable in size, shape, and dimensions to its neighboring Two-Family District zoned lots along Booth Falls Road. However, the presence of a pond, wetlands, streams, and utility easements and facilities create unique physical hardships on the western portions of this lot that do not affect other neighboring properties. These physical constraints influenced the original location of the subject house on the eastern portion of the lot, unlike the neighboring houses on Lots 13-18 along Booth Falls Road which are located in the center and western portions of their lots. These physical constraints impact approximately 10,800 sq. ft. (57%) of the subject property and have been the justification for three past setback variance approvals in 1976, 1979, and 1998, to allow for building encroachments into the north side setback, south side setback, and east front setback areas. While the pond, wetlands, streams, and utilities easement and facilities were explicitly sited in past Planning and Environmental Commission meeting minutes as the rationale for approving the previous variances on this site, Staff believes previous Commissions must have also considered the location and design of the existing structure as part of their deliberation. Staff believes the historical site plans for this property from the Town's archives (Attachment D) demonstrate a precedence of the Planning and Environmental Commission granting setback variances for this property in part due to the location of original structure. The original 1975 home was located in the southeast corner of the lot with an attached garage on the north side of the structure. In 1976, the original garage was converted into living area and the Planning and Environmental Commission granted a side setback variance to allow for the construction of a new detached garage to the north. In 1979, the Planning and Environmental Commission granted a side setback variance to allow for the construction of a greenhouse addition to the south side of the structure within the setback. In 1998, the Planning and Environmental Commission approved a front setback variance to allow for a new front entry and an addition between the house and the garage. Staff does not believe these previous variances would have met the review criteria had the Commission not considered the existing structures as one of the physical hardships during their deliberations. The applicants have designed a proposed addition that will cantilever an existing stream west of the existing garage by supporting the addition on piers located on an island of non-wetlands within the wetlands area. Staff believes this unique design solution reduces the wetland's constraint on the expansions to the existing structure; however, this design can not fully overcome the physical hardships of the existing pond, utility easement/facilities, and other wetland areas that encumber the western portion of the subject lot. Pursuant to Section 12-17-1, Purpose, Vail Town Code, the purpose for granting a variance is as follows: "A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the /ocation of existinq structures thereon; from topopraphic or physical conditions on the site or in the immediate vicinity,� or from other physical limitations, street /ocations or conditions in the immediate vicinity. " Therefore, due to the unique physical hardships of the existing pond, wetlands, streams, utility easements and facilities, and the existing structure; Staff believes the proposed 6 relief from the setback regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The applicants are proposing an addition that may impact existing wetlands. However, the Town Code does not prohibit development from affecting wetlands if a wetlands report is competed and necessary Army Corps of Engineers approvals are obtained. The applicant completed a wetlands delineation report (Attachment F) as part of their 2008 variance request and the environmental consultant has prepared an updated wetlands impact report (Attachment E) based upon the applicants' current proposal. The applicants are in the process of obtaining Army Corp of Engineers permits. Pursuant to Section 14-7-2, Vail Town Code: "Wet/ands: If staff determines that wet/and vegetation exists on the site, a report conducted by a qualified environmental consultant delineating wet/and areas must be submitted to the Town of Vail and the Army Corps of Engineers in conjunction with a design review board or planning and environmental commission application. Approva/ from the army corps of engineers must be obtained prior to building permit issuance. " Issues related to wetlands, geotechnical design, construction techniques and staging, etc. will be addressed in depth during the design review application and building permit application review process. As further described in criteria #1 above, Staff does not believe this proposal will have a significant negative impact on the public health, safety or welfare, public facilities, or utilities in comparison to existing conditions of the site. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Planning and Environmental Commission has previously approved three separate setback variance requests (south side, north side, and front) for this property due to the physical hardships of the existing pond/wetlands and utility easements. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of a final review of a variance from Section 12-6G6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: 7 "The P/anning and Environmenta/ Commission approves the Applicants' request for a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions within the front and side setbacks, located at 3035 Booth Falls Road/Lot 12, B/ock 1, Vail Village Filing 13, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section VII of the Staff's November 23, 2009, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented: "The P/anning and Environmenta/ Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Primary/Secondary Residentia/ District. 2. The granting of this variance will not be detrimenta/ to the public hea/th, safety, or we/fare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practica/ difficulty or unnecessary physical hardship inconsistent with the objectives of Tit/e 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two-Family Residentia/ District. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Residentia/ District. " IX. ATTACHMENTS A. Vicinity Map, Plat Excerpt, and Building Footprint Map B. Applicants' Request C. Proposed Architectural Plans D. Historical Site Plans E. Wetland Impact Report dated October 21, 2009 F. Wetland Delineation Report dated January 31, 2008 G. Debris Flow Hazard Assessment Dated November 13, 2009 H. Eagle River Water and Sanitation District Letter Dated September 30, 2009 I. Neighboring Property Owner Testimony J. Public Notice Attachment A Attachment A z�z Oi0 �-- � �_- U U W W � � S u�;t.C,�' �t bPt.��(, S 89 ° 24' 13"E � STONE ��4 COR. 246 39" �_,�o.00� 40.00' UTILITY �.76' 80.00' �25.07� �2�,3p� �EASEMENT � �� — N o �, /�� 12 1 ' J 1° .� ( 0.437 AC � O i �� 19022 50.FT. � � � A� � p � i�. FT. � � I � 589° 24'13"E �� r� 180.84 � � �, v� � v � �0 13 0 4�'� �l �oj � � � IO 0.482 AC � � � 'P �a W w Z� 21010 Sa FT. � � �� m LOh 7 � � ?�uJ' S89° 42'23"W 0.438 AC cn rh / 207.51' N ' 19077 SQ. FT ry/ /� �4 � . � ` o �o/ %° ,a6o6 so FT. `� I 0= 34 ° 4 4,q 9„ 189'04'18'`W P z,�� 589°24'13"E � R= 203.73� 140.83' � �� 14_08- 243.33' � I L= 12 3. 5 5� � �I �� 5 `° � g �I 'w 0.479 AC. �co / �� FT h� �� 20870 SQ. FT �O � �P � : � 9.31 ' 211 . 87' '� �1 ^� �, � o �� VAIL VILLAGE � /� 16 /�� 3r�'� /v � `° • TWELFTH FILING � � •�,�� /�1' 190585 OCFT.(J � `l, 0 � `� a°� � �A� 231.58' � � ��' '�� % � O� �/ : �/ / � � /��` � � 7 � � � � 0.503 AC. � � j��/ � <u l li� 219 2 8 S�. F T. r+� � � /N � � � 589 • 24' 13" E �� / �� 2 36 70� p= 39 ° 00' 13 " , � , 2� /�,�' � o.a e Ac �0 R= 286.17 �� 00 19 2 6 3 SG� F �,��°� `�, � L= 19 4 81 ' �CT B � N N8 ° 35' 01"W O�� `/ �9 AC. � I 15 17' � j �3 SG) F?. INAGE �I � h`L � -MENT �I I o �� `� �0 =62°40' 50„ 2I�� i � R=184.21' 20�� / L= 201.52' ILITY —�.I � r �SEMENTI � � l �3 v? � � U ; 43 � ^�� L i � U � � N f � ,,,� )�+� ) � � O � � � . cn � , n- � L �p S � O : � � � � N :� O O � � � � °' �� O � � _ �. � � L � � c� 0 M % � \ � � 1 / �,�,.- � � �� ,� � .. . � . .o��w�. M � O � �� , N � . �r �` �► n . � _ „ I �� . = �, � � �_ M , !_� ��_ � ,� � �\ C C C C Attachment B ADAIR RESIDENCE Setback Variance Request October 26, 2009 �CQqo�� I� C� C� � �'V'� .� D OCT ? � 2009 i � TowN oF va�� The purpose of this report is to provide a summary of the proposed setback variances in order to allow for an addition to the Adair Residence. The subject property is located at 3035 Booth Falls Road, Lot 12, Block l, Vail Village l 3`�' Filing. Included herein is a description of the proposed addition and variance requests, a summary of suc-rounding uses and existing site conditions, background on the proposal, an assessment of factors to be considered in the review of variance rec�uests and an evaluation of findings to be made by the Planning and Environmental Commission in reviewing this request. Site and architectural drawings of the proposal have been provided under separate cover. Supplemental information relevant to the proposal is found in the appendix of this report. Addition and Variance Requests John and Kathy Adair have owned their home since 1996. Historically the Adair's have spent summers and winters in Vail. While this is a"second home", the Adair's spend nearly as much time in Vail as the do their primary residence. The proposed addition involves three elements — a new garage, a new master bedroom and additional tloor area on the second level above the garage. All improvements are proposed on the north side of the home leaving the bulk of the existing residence in tact. In addition to the three elements describe above the Adair's are also planning to install a new roof and other cosmetic changes to the exterior of the home. The following is a summary of existing site conditions and development: Zoning — T�vo Family/Primary/Secondary Residential Site -.437 acres; or 19,040 sq. ft. Allowable GRFA — 7,025 sq. ft. Existing GRFA — 3,529 sq. ft. Proposed GRFA — 5,1 19 sq. ft. Allowable Building Height - 33" Existing/Proposed Building Height — 25' Allowable Site Coverage — 3,808 sq, ft. (20%) Proposed Site Coverage — 3,387, sq. ft. 17.7% The proposed addition would add approximately 1,590 sq. ft. of GRFA to the residence. In addition, the proposed garage is 591 sq. ft. With this proposed addition the property has approximately 1,906 sq. ft. of GRFA remaining. The proposed addition is located 5' from the north property line and the front face of the garage is located 12' from the east property line. As such a 10' encroachment into the 15' side setback and an 8' encroachment into the 20' front setback are proposed. The site plan on the following page depicts the proposed setbacks in context with existing site constraints. Adair Residence Sethack Variance Request r Q 3 � Q .:�:� •?� ..�� . .,,�. . ....,.�;<;,,,:,� r -``"`•-�, .. , � �•�,� � --,..�- _ > � �� a • G - ..\ � . � �� \ `'a. �\ V � - � �, I , \ ! , ' \ .� r �. _ \ �S I .,.� %, ,i �; �,; , � I�i , ![I��r �! :•.• � ► ' j;�� I i��: !_} "'i�t �i„�+ � � ; ,�� . � �;�f :' + '!; , . �d�''„ '�11 � .� .i{•` �� rl�v�f ay�{. • ta.- � ,�t (+.�� •i�:; fil �i�l"' !' . : 1 �:��; �,. i ,�I� • "•�'t . J :J C J � � :J � :A _ ' — r '� I � ' � ' � " IJ � l Lt1 ,}. l `� � � I 4 � ` ! i� a,�,r� v..�:, "� :,'. . ' • -'•�� •�'• ' �. i i ...i.� - ].�;>,� . : — I 1 — -r-. . U _I � I �'A �. � Adair Residence 2 Setback Variance Request Surrounding Uses and Existing Site Conditions The site is located in the Booth Falls neighborhood at the northern end of Booth Falls Road. Immediately to the north is a Town of Vail parcel that provides parking for the Booth Falls Trail and is also used by the Upper Eagle Valley Water and Sanitation District. The District has an easement on this parcel on which it has developed extensive improvements and facilities (access road, water lines, water storage tank, etc.), necessary for the operation of the District's water system. To the east are the Booth Falls Condominiums and to the south is a residential dwelling. An open space tract (Tract B, Vail Village 13`") is immediately west of the subject property. The property is .437 acres (19,040 sq. tt.) in size and the site terrain would genera,lly be described as flat. However, the site is heavily impacted by wetlands and a drainage course that bisects the lot. Over the years the Adair's have worked with these constraints to enhance wetlands and water features. Not�vithstanding these landscape improvements the wetlands and drainage courses present a significant constraint to development and essentially result in the western two-thirds of the lot being unbuildable. The approximate wetland area is 3,780 sq. ft. and water features are approximately 2,000 sq. ft. In addition to these natural constraints a utility easement on the western portion of the property encompasses 5,060 sq. tt. Collectively these constraints total approximately 10,800 sq. ft., or 57% of the total lot area. The property is also located within a debris flow area as mapped by the Town of Vail Hazard Maps. A hazard assessment of the property has been completed by a cert-tified geologist and this harard will not present a constraint to the proposed addition. Debris flow areas, wetlands and water features are depicted on the Existing Conditions/Constraints Map below. � — _.. �� -�,�— — . _ ..� ., � f �i.l�mtil'anilihon, rl�m•t;.�inl� ,1�i.iir K��.idrncr U:t.�hrr'l•� � �� .\ F '� f ��. � ! \ I� �\. �C ,i '\ •.` �\ \ � ` ; ' \ 1 - - -� , This diagram depicts site constraints that limit development opportunities of'the property. Adair Kesidence 3 Setback Variance Request Approximately 4,325 square feet, or 22.7% of the total 19,040 sq. ft. of lot area is buildable. This �gure is determined by excluding setbacks area, easements, wetland and water courses and portions of the lot bisected by the wetlands/water features from the total site area. The development potential of this lot is severely limited by these existing conditions and this represents a signiticant practical difficulty and physical hardship. The diagram below depicts the portion of the lot that is buildable, i.e. eYClusive of setbacks, easements, wetlands, water courses and areas bisected by such features. ,\ : _ ; - ; � — _.. � � C�, ��-� � - . - ! i;�,�id.�hi� �«•.� .ldaic ft widencc Oilnbrr'L`1 � S �� r� f '� •j � .�•.:� . - . j, \ ;r."✓s, ' � '� �:_ _�,�,�.� _ -�� :� •` . � 1- _ •� 4 ; .. 1 � ,,... Y �, Buildceble area oTthe lot is c�pprorimcrtely =t,�32� sy. ft., or orrly 22.7% o��the total site �irea. Background on the ProPosal The Adair's applied for variances to allow for an addition to their home in January of 2008. This variance request was denied by the PEC in March of 2008. While the addition proposed at that time is similar to this proposal, changes have been made to the design of the addition and new information regarding site conditions and surrounding uses has been provided. Based on the 2008 Staff inemorandum and the minutes of the PEC meeting, the previous request was detlied for four reasons. The following is a summary of these reasons and how each has been addressed in this new application. In addition to explaining how this proposal is different from the 200$ submittal, this section of the application also outlines how the current application positively addresses the factors to be considered by the PEC when reviewing a variance request. Adair Residence 4 Setback Variance Request The proposed variance requests� i�vere deemed to go beyond the "minimarm degree of rel ief `necessary " Plans have been revised such that the extent of encroachment from the garage into the front setback has been reduced by approximately 5', thereby reducin� the degree of relief previously requested. It is also noteworthy that while the master bedroom eneroaches into the side setback, the property is not utilizing anywhere near its allowable GRFA. If this application is approved just under 2,000 sq. ft. of GRFA will remain. The proposed garage is also less than 600 sq. ft. which is a-`garage standard" as defined by town code. The proposal is not "maximizing" the development rights of the property and as such the proposal does reflect the minimum degree of relief necessary for this property "to be treated equally to other property in the zone district". 2. Other areas of 1he lot are available to accomnzocictte an addilion. The PEC and staff has suggested the south portion of the lot be considered for the addition. This portion of the lot was considered but is not a viable location for the following reasons: • The new garage is proposed to be located in the same location as the existing garage/driveway. To relocated the garage to the south would 1) require the removal of existing mature trees, 2) adversely impact the neighboring residence, 3) require fairly extensive grading, and 4) would require renovation if not reconstruction of the entire home. • The master bed could �`fit" within setbacks and outside of wetland areas on the south/west side of the home. However, to do so would 1) adversely impact the neighboring residence, and 2) essentially destroy the livin� room by cutting off light, air and views ctirrently provided by large '`picture windows" on the west side of the home. While a building footprint could be aceommodated in this area it would create a tremendous practical difficulty for the Adair's. The diagrams belo�v shows the two areas on the south side of the home where some limited "buildable area" is located and how an addition adjacent to the existing living room w�uld adversely impact the views, libht, air and internal circulation of the home. Adair Residence Setback Variance Request : Currcnt Buildabtc \n•:�. irldairR� idencc �ht�d,.•r'09 r� r • .� ► '� • � _, . . �' '` 't1 - - - - � '� � .. �� _ '�. . _ _-- -- � - _ _ _ �- ^--`^�- �� / � ' �� .. . � � � ' � � � � �� ` /� /• �� , �. �1 '� . i'"/ , �r � '� --�.� . � � . - �--- �•—. �,•" - '� — . ..... -� •'' /. , y ` ., � � — • ?� '\ f . � . . f I r� � ' �� ,� ,�,�--�— - .- - - - - - - .. . . . . - - -- , This cliu�i•a�n depicts areas wi�hin setbacks that in theory could acco�n�nodate an additi�n to the existin� residence. \hcmar�• \I.i,icr Ik•dnr.�m 1 �v.-at�nn \J.ur R.•.�cicnrr ti��F�h•mtx•r'ir� n ]� il 1S + �t - m � � w a O ' E w _ ¢ - ¢ � . ¢ 0 ¢ Ai01 This dic�gram de�nonstrates the severe irrtpact that tivoa�ld resull lo the existing home by loccrting the �ncrster beclroom adjucent to the living roo�n. Adair Residence 6 Setback Variance Request 3. Concern with the additio� spanni��ig the wetlands c�nd potential issue.c The proposed design solution involves a creative approach to addressing the site constraints presented by existing wetlands and water features. It has been concluded that the new garage is most appropriately located in the same location as the existing garage. The master bedroom then works quite well when located directly behind the garage, particularly given the existing floor plan of the home. Ho�v�ever, wetlands and water courses in this area create a design challenge. The solution involves placing piers on a small upland area and then cantilevering the addition partly over the wetlands and water. This design approach has been presented to a wetland consultant whose evaluation of this design is found in the appendix. This evaluation concluded that: • The placement of the piers and other construction related to the addition will likely create some temporary impact on the wetland area. If Army Corp permitting is necessary it is very feasible to assume these permits could be obtained using Nationwide Permit #33. • Typically placing a structure over wetland habitat would diminish the value of the wetlands. However in this case very little wetland vegetation exists where the addition is proposed. � The cantilevered design is a very positive response ta the wetlands in that it will allow the flow of�water to continue, thus hydric soils will not be affected and the function of this aquatic/wetland teature will be maintained. • The cantilevered structure itself is not a"re�ulated activity" by the Army Corp, While it may seem counter intuitive to thinl: building over wetlands is a benefit to an aquatic and wetland resource, in this case the design represents a creative solution to addressinb the owners development objectives while minimizing impacts on the wetland habitat. At a broad level the wetlands represent a site constraint that intluenced the design of the original home and potential locations for additions to the existing home. The small area of upland terrain is conveniently located to provide an opportunity to construct an addition partly into this area in a way that minimizes impacts to the resource. The figure on the following page is an enlarged drawing of how the piers are located proximate to the wetland area. Adair Residence 7 Setback Variance Request uoanae o�e � ru� oe. oee a ��,�.«�m a � n I o� P n 1 a u 6� s e IO oaveo-a�'i�vn avou snv� ruaoe scoc ��aow3a aidae �i � �_ ��- . �-- _ - - - �__ _ � �- - _- -- -�-� . �-- �.- - �_- �-- �. _, / � / � � / � / ,� x v� =� 'S %:G i t �/ �`' i ` __ -_ I ' .i _ _ _ ( , y — _ — � � � l I' �.: _ � ., . — ;, ------_[� %JY . ( '� � �. 1 � .� �a . � �, ��. � E� . � � � `. � \, . � � \• � � � � - . . � \ �\ _ . � \ \ � � � \ � � � � � \ � � \ \\ � � \ � � � � � � � Adair Residence Setback Variance Request r ,(---��— ---... .__, . -'. I I ( � . I I ( I I ( 1 � I I I 'r � I I I i i ( a s i � � i ° I I S� I � � � I I �� 1 I I �1 I �� y I � � � _ .I I -, `a I ' f I ~--� I � I I I '-` 13 p \ L---� -- ---�----J� � J I x � 1 ` � � ' ��\ I \. � _ i _ � � ' . \ . .-`� �� i ��s� ` - - , i =�. � � _ _ . -- _ __ F - -- _ ._ b' � d � <.-..� - _ i : �- _ � r �� . 1 - - ' . I � i i I, I � � � � 1 I � � 1 I i . I , t t � 1 � � . � , \ ` 1 a \ � � ' � � \ \ \ 1 , V � I \ I , � 1 \ I• � � I � . . � . . _ . . . J � V � .. �� o W y � Q 4. Implications orthe addition being located partially within a utility easement. The northwestern corner of the Adair's lot is encumbered by a utility easement approximately 5,000 sq. ft. in size. A portion of the bedroom addition is located within this easement. While efforts are currently underway to determine which utility providers utilize this easement, it is assumed that ERWSD is the primary user of this easement. The Adair's have coordinated closely with staff from ERVb'SD. A letter indicating support of the proposed addition is found in the appendix of this report. Variance Criteria The following review criteria are to be used by the PEC when considering a variance request: 1. The relationship of the reguested variance to other exi,sting or potential u,ses and structure,s �n the viciniry. The proposed addition will have no adverse impacts on any surrounding property or structure. The property closest to the proposed addition is the Town of Vail owned parcel to the north. The ERWSD has an easement over much of this parcel and has many improvement on both the Adair and Town parcel. The District has provided a letter indicating that the proposed addition will not adversely affect these improvements. Given the District's easement and existing improvements on the Town of Vail lot it is not unreasonable to assume that future development will be limited to utility improvements. 2. The degree to which reliefft-om the strrct or literal inter��retation and en�orcement of a speci�ed regzllation is rzecessary to achieve computibility und uniform�ry of treatment amon� sites in the vicinity, or to attain the ohjectives o�this title Lvithout grunt of speciu! privilege. The property is severely impacted by natural site constraints that signiiicantly limit opportunities to develop the lot's allowable square footage. In addition, the existing 11oor plan of the home creates limitations on where a master bedroom addition could be located. Historically the Town has given consideration to existing structures/floor plans when considering variance requests relative to evaluating feasible locations for additions. In this case other locations for the addition within setback areas would create signiticant practical difticulties for the Adair's. Given the existing floor plan of the home, existing site constraints and the fact that the property is only utilizing 73% of its allowable GRFA, the proposed variances are the minimal degree necessary to allow the o�vners to achieve compatibility and uniformity of treatment among sites in the vicinity. Adair Residence Setback Variance Request 3. The ejfect of the reyacested vari�ence on light and air, dis•tribLrtion of population, t�-ansporta[ion and truffc facilities, parblic,facilities and utilities, and public s�efery. As indicated above, the ERWSD has indicated that the proposed addition will not interfere with its utility operations in and around the site. The garage/drivcway design previously submitted in 2008 was endorsed by the Public Works Department and the revised design has moved the garage five feet further from the road so it is reasonable to assume that this design is not adversely affecting the public right-of-way and surrounding traffic facilities. =1. Such other factors and criteria as the cQnunission deerrrs applicable to the proposed varicrnce. The property has a large number of unique site constraints that present a significant constraint to development. The proposed design solution represents a creative approach to achieving the owner's development rights while minimizing impacts on aquatic and wetland resources. Variance Finding The planning and environmental commission shall make the following tindings before granting a variance: 1. Thcrt the granting of !he variance tivill not constitzrte cr gr�tnt qf speciul pi•rvilege inconsistent tii�ith the limitations on other properties cicrs•.sifrec� in the same zone districl. The granting of this variance request will not constitute a grant of special privilege as similar variance requests on similar properties have been approved in the past. The reasons for the variance request are signiflcant site constraints along with practical difficulties given the design of the existing home. The "To�nm has a long track record of approving variances on properties with similar characteristics. Approval of this request would not grant a privilege to the owners that has not been granted to many other property owners. 2. That the granting of the vc�riance will not be detrimental to the public health, safery, or ia-elfare, or materially injurious to properties or imp�-ovemends in the viciniry. There are no adverse impacts that could result fi-om the project that would be detrimental to the public health, safety or �velfare, or material injurious to the properties or improvements in the vicinity. 3. That the varianc•e is warranted �or one or inore of the folloivin�� aeasons: a. The strict or literal inter•prelalion ancl enforcerrtent of the speci�ed regulation would result in practical difficulry or unnecessary physical hardship inconsistent with the objectives of th�s t�tle. b. There are exceptional or extraordinary circumstances or conditions applicable to the site o,f the variance that do not apply generally to other properties in !he sume zone district. Adair Residence ] 0 Setback Variance Request c. The strict or' litei°ul inter pretation und enforcernent of the specified regulation would deprive the applicant of privileges enjoyed by the owne`•s of otlier properties in the sarne zone district, (Ord. 29(2005) �� 39: Ord. 8(1973) 5� 19.600) The proposed variance request is warranted by each of the three reasons listed above. The literal interpretation and enforcement of the setback regulations will create practical difficulties that would prevent the owners from exercising the property's development rights. The property is severely constrained by physical site conditions that present extraordinary circumstances generally not found on other propec-ties in the same zone district. Existing site conditions deprive the owners trom privileges enjoyed by owners of other properties in the same zone district. Summary The Adair property is signiticantly impacted by site constraints that limit design opportunities to implement their development rights. The proposed addition to the Adair Residence has been designed to minimize the degree of relief necessary to the setback standards while achieving their development objectives. As established by information provided herein, without relief from the strict and literal interpretations of the setback regulations the Adair's would be faced with extreme hardships and practical difficulties and would be deprived of privileges enjoyed by owners of other properties in the same zone district. It has also been demonstrated that the proposed addition will not adversely impact properties or uses in the vicinity. The Purpose section of Chapter 12-17 Variances of the Town Code states: "In order to prevent or to lessen such practical difticulties and unnecessary ph s� hardships inconsistent with the objectives of this title as would result from strict or literal inter�retation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existina structures thereon; from topo�raphic or phvsical conditions on the site or in the irnmediate vicinity; or frotn other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. "Che variance process is in place in order to allow some discretion for relief to zoning standards in cases where unique circumstances e�cist. Site conditions and existing structures are two such circumstances. The PEC's ability to grant variances is intended to ensure that owners such as the Adair's are granted the same privileges enjoyed by others in the same zone district, specifically privileges that would otherwise be denied by the strict and literal interpretation of the zonine code. The addition and variances requested by the Adair's are `'text book" cases of why the variance process is in place. Adair Residence I 1 Setback Variance Request Appendix • Letter from ERWSD, dated 9/30/09 • Preliminary Design Review for Wetlands Impacts Letter, dated 10/21/09 by Watershed Environmental Consultants • Architectural plans prepared by Pure Design Studio, dated 10/19/09 Adair Residence 12 Setback Variance Request 8[06'9Z6'O[61 ZZL1�0[v'OLBd , SSgle � U�roM LZS xoQ otl a� n I OOtlFJOlO'J 'IIVA - ' OVOk1 S'1�Vd HlOOB SEOE �� $ a p O o i p n 3 s u 6 i s a , � a � I �� Q O W�� a l d a d oW- �o 0 I I oQ Ima Q I — — — � � � � �� : � a i I o ��_� � �� i._� � - i ° C w '� ' S=�=FC `-� � _°: p � u o Se�ci� � , � o o � 1 e = a o uK, Fn u I� � i < °-�, LL i G 'o � � "-"', �, ...,..o,oa�.s,., -* � � n � 4pan ,�„-J � � o� �muu r J» w. w � ma�n � �wiW owwww I �oo o a3 � �uuu � � �.�'LL o.. �s�� I � p�Q� ol�� N Nl]��a Q 6 4 I � ��m ;` "�iTi y'm2 OSS�� w0000 }� ; � a om� °� aa?i moa adoon �v.m:.� ��t j �4 � �o° S° °a�`.� �`�oQ wr��4 ��e — � 1 ¢� Npd Da 3")�P� Y�Y2O 0o immmm —�._ � � 03 z.p p Z_ �Nw �T p —� I % Q 6 g o � � ti� rv n v u m Sl a1 m ¢�e �'� I I � � � � � � I � � 1 -�' ��\�\ \\ . . I � � � ' _ - \ \\�\\\ \\� Y_ �� ' L�"� � .. � .. . _ \\\\��\\\ ` I ��g�`� �y (� no S� _ � 3 � i i ¢� g�p1H f�RO / E ��\\\�\��: � _ �a .. � �� i _----� .,.. ——�: �� I 3 �� i .i — � —� --- � — -------1-- _ —�' ; �a � � s� �:� a � , - — — , ,y=,,, , —_ - -_—_ � 7 S E ---- -� ' �''� ; � ..�,21,�2' 1 a� — '�'� ' j' ' � � � �� E� �� '. � �J � �,I: �� 9p l R-Tr'' t � " * e�} d �� f 7 1�' ��: _ _ , �i7 e_y � e �i , - ,., ' � 1 � - g 3s �� '' a. !` i -J• - - �� d i � _- �" �� , , -- �,' �� =eS � � r�i � _�� i � . J`�'.�=� _ ( �� r � I� 3 �''� �� \ - - _ _ � � 'J� ;L�' %� � ��°� w � � � � I. � I I � ° \ � � `��;. � � I � � � �;' _ li I a �\ �\\ � - - - - I � g � \ � ., � o � � � � --_ _ �' �o � � e - � . . � a . �� _ - - , 4� � ..�� . `}' . .� � J '\ \ ; I .\f ...�� . � � TL ��.� „ \, � . I 'm`&� ` \ �i \ � � � - I � . �mJ�YI `\ �. � '��j / � I `''�.� ��'�e� � � \ � �' � l � � J �8 `^ � � � ry - - - ` .� '^r�. \ � �. � .> s�� . � ' r' � �, . � �� _i � _ i , y �? �\ \ � ��P�, &�: •�: ,. \. �., �. � • _ y e�� Y �. � �.'.i..9, b r 1� ' . �\ Y� \ '� . �.u.�'a.9�E� • . .�� 4 .\ �$ �\�\ I "�' � ' - - � �i \' �J' �.1' a�•�•� � � � ;g g ,,\ �, .�—" � �: l; .`,� °�@� :,, � � .n, � g �, �; � ��: : �� : �:� �� , : � m ` ,` `� `� ��s :, , �. 1 ,�` ;3i, �, i �;\ �'� � -t \ \\ � � •/ / ' �• � , `� \ �� . J � \ I .�C�r �____ � J � 4 I m • v3 ¢ � � „a .� ` 9 I \1I \ \1 �� \ \ � ,\� � I,, i a� 6'9 \\� I , 3,� � �r'�H �a T �~ � 66 � �r �, � m�� I ��fa ` --�_ _ _ _ ��° Of p I 2� a ' brs�r p e�� Cp +u�n°0� ,, ^�E � e .u�09 - � \_ 3..ff�,S>.spN � E4 i I I - - . �- •� �� , � , � �uawy�e��d ��'?' r ' , ; . :;� . ; . � � � �\ �� i . ��. . �j . �" � i � � .� � � i �� ` �� . . . . . o � i�� , . , . i, �� , �,�., i , � � �� ij , , � , ' , ' �--i �\ – I1 ' " ' �' ' �' � k . . � �, y � � �;0�1 . �,–__�, . . ' . i � � i. . ` _� \ � �t' � . � . � . � , i , : �` � ; � . � i '. . . . , � i . �� :� i � . . � . . i � . o�. � �� , � . o . i . `� � � � . �. i I . . . � . � � . . �� . . . � . I � . � � .- �ri� j 1 . . . I � � \ �\ �- \� � l , . , . � ' I , , � , _ y � � . , , - „• , . \ � ' I �� , ` � f '. _"_ '_" �- `~--E--- •�� \ , � �. � �- 1��. '- . �...� � �.\ ` � � . . \ �;'� 'ii 1 " � ' t 1 ' . ..\ � � � ______________ _T=== —____- ' _ , � i � _ �.,� . � . - �.�-N-- -- - _ -- - -- � � �i �' , � , � i -, - - - � � � � �, \ �'-.�p�� ,�'.� ��'. I . i , \ s. ° _ _, _�' / �^ � ; . � � �-- :-+-- �—�-� � �� 3,aq \\ � _..-.. -- ��' � � `� i. __ ��__ --- ,i � �� - � � '- � m$. � a \ . � \ , . . � � � � � � � �� ._�.._.._.._. ._.. .�.._..� i � . . > , � � � r .�. . , . . � � - �----- _------------�_____=,-__J � , � _ � ;� ----- -----�✓ � ,� � � � � . �� a ; ��v , . � � � � I �� \ �_ , ., . ; � �;�' � — � � ' � :, � � . `� � - � ; - � T , � � ',� o` - r " _. � i <., . � . .:. � , � .I I �-��- ��. �-.:�_�_- � , _ �� j , r . ^� - � . � r �� `,i�� '�`��/ � r----� � . . � �I '`� . :�� . . . � .' � ' - \� � � J /� � L '?- � - � ' ��"� /�� {': ��'� � , i I'` � \ � i � 1: �� g� I ��' � : �� I �I , � t ., - / --_ � � � i � �, / _ � - � � _ � ' I . � 'i.'", j � _ i � � : �i ,. . � � . � . I r ^ I � �� 1 . �. '. � �... _ I � I _�___=�=� .. . .. , .li / / ^ � �, L � _ - �, � Y � " � � i i f / , n � � i �. � . � � � � 9 ,r ,� i , _ -. .' � . � �. �. . ' . ..- . � � .. _ ---- ' _ . , _r– & — — �– ------=-------------- � - , . � ° r� . . _ . ,� � - � '.� --------f -- , '',� ,.. � , <. 4�i4 ` .° ° `' .' � � ^ L -/ /, , _ ' , � .. ° ` q '� . � � �. " `� . ° , ; , - ` �� /� . � � -8 . „ a � � �- ,, � � � , —��,��,. V . U � , / _ • ��,`\ �, - 60�----- . . , � � 3.95 6� :�`.'`, 1 ,a�'- ' _!� I �_ - -_' ' . _ . I - "". ' -} ti- - — '",l/,�\1�_ _,- _ _ _ . � - , -----�-- -- I � -� --� I '" > ,,,i'- ''�' • -O- ---- N w � ` '"i� _ 'rc ..r A � pp N I / U ' O � m"9 ADAIR REMODEL D DNZ� � m � �$v�l =�� O e s i g n s t u d i o _ N m� m .. o �035 600TH FAl1S fiOAD a Z Q �� 8 I � VAIL, COIORADO � r Q po box 527 wo�can co Btsss p 970.470.1772 1970.926.907B a � c _ �`►i� QQQF p �� : g .��s��8i � ��a9 �ib� .�i .. 9 t _ d � � � � �� p3g ' � �� e �q9 �� i�� •Y �A k'q , �: � �$9' „ �a 99 -il O �' T� 1 D O I ±o Y � F D ;� 6� n b � _ '�e �p �� '� �iy . 0 .� �E � \ �� a 1. g;� °� q� � ��y y \ ,, ` � +nj"',.' '4 �� iyitil'�y�f� y,5l�i,��y+'' l� �/�Y �1��J!!r ��°'t,. ,. �`�h,' �,� , 'v Q '� ' i� 6� 0 � O F � ;� a� i� a s p e . . . F F f e p� � �p , pg � g @ ., ; tb� yry'rty�� 4 F �(. � � : �%: �'� ei. �� f �� a� � � � x� � , :�: �� s � ,. a � o �"° ADAIR REMODEL om O�P� esign studio n 3W.� BOOTH FALLS ROAD e� v�v�, co�oan�o I U� e ro n� sn wa�n � e�sss Paro.a�o.im �wo.sze.eo�e B[O6"9Z6'O[81 ZRL'O[6'OLBd ��a o, u��oM �ZS x� oa a a n o i p �� s u 6� s a lO r-- L__ L____ �� y ' � OOtlt101O� '�Itl� OtlOFi S��tl� H1009 SEOE 1� Q 0 W�� b Q d � � ffi gw T = a� Q W � o � Z T o�- o� Q .K _ ______ __________________ i�l f � I � � 1: � ^� � I p I Z � �I � I I il � /�\ I �y \ � � �r `� \t_.'_______1� _ _ ____ l� / '�-___�� . �� , i� i o� a� �� d� x i� � ° i il � i i i � � i � �i / „ ', I % ; � � � � � �� ° / � � `� � .� �� I � ' � � �� ____� 9 , � q �Y i �— �� I �; � i � �� I - ;� � �,. � C� �� -� � - - $� �- -��.�- �.—.-_ �� i v i� S� :i 1 ;;C� I� i � � � i � ° 1 ci v� mv N D� I < � o x�:� � 8 9' S � ,i; , !�_ : �i � ��1 ��i��i S� �i � � CF i I I � 6 � I I �� . � �� I � � l �� , � � �� '�� jo ',�, �-�j i -- � : [ , �� ,,,i� �o�� _ �; (::- o �� ; :�, _. � �� ,, �� ;I - � a� � 1 ,�� I'� �, �� r¢-- � � ,� �, '___ ___ _______ ___ 1L ___ -� _ _ _ _il I I� I� �I I� �I I I i� \ �I I� � �I I I� i �I i Q 1� � R �1 � �' I � I I I� � �I � � �I � �I I I� I I � I �I I ` I� I \ I� I I I� I I I 1� � �I I I� I I� ADAIR REMODEL 3035 BOOTH F�LLS ROAD VAIL, COLORADO � . :�� IOlesign studlo__ I U �@ vo nax sz� woioon ao e�css " iP 970.470.1222 1870.926.9078 ecos szeoce i ZtZ1 OL6'OL6 d I I _ ��a�� a a n I. oo�o,o�7ro� �� e m OVOtl ST1H� H1008 SEO£ � o�pn�s uBisalO n�Q I d o �3aOW�b dlbad �oW � 0 a i � I i �I u �� 0 _, �, I ,i i CG � i �f I �� --------�- i �i �� i i - � I� 'i i li ��i I i !�i ; � .�� ,�,,, , , ,,, � �;,,; � , ,�, I I V�� I JI I'a I � 11 1'' I � I ' I II� i i �� i � ;� ��i � � i �� i � �i j�i I I � 1 {LL____I I � !I F I Z �I I � I \�� III R i I v II 1 � � ,� � � � �� . � =I- I �, � I I =I-_ I � , I � I I -�- - � � ;, � T+ � � ,' � � � ��; � �} I rj I �; , �:. � �; � -�' � _ � '' � I i. z � F a ?'.S'�t� � a I �; � 3 l� J. 's:�' � 8 � . 'I o3 I i� �� i i o� � i I � iTll I ' I II I � � I �' ��1�� Il�,, � ; I �' I I i�� IIZ Z T azo O o�na (V Wi5�y0 o W --d i i iI ' i ' — ' — .1';' ' ��kj 1L_! '11llI I 'lll :: I ! III' I � n � � � I�yll[_I�I�I� � � � :10 _� 1 � �e � '� ��7 � _� ,� ��'� � \'Z V � II I I I �i I I I I �...,_.._ �. _J1�1�_._ I I I II:� I �I..I ...:�II - I�. �� I il ' ' ,., . . �il�—.... I , � �� l- �'�] � � I -. �. �_, ; � � II � � -� I I 1 �; 1Il �{ 1 �, �11I� 111i ��li_,. �,;;��, ; � � � y-� � � � �.I � ��. , I r� : � ; j �; / \ �' C� r;j. � I ,� - �`i, o ��:. �� ,� ; �� ' ' i `' }� � � �. � Y � � i � r �. s V = �i I . r:' F I I ,I � � � ,�i,j� � � �� ,i.'. � / ' i� — . y'� u�i � i ��'. � i ii . . i ii � ; tc; 3 .�\ �� 1 � I % i ---_ __J ii ., ` i I i i ii�.j � i i i� � i j�;i �.•. �� _ � I I q'L.� �,-t�� n� � I II' I1 � i � I�ii � x ' �i i , . , � i � �i i � ��i.:�.:': �i � � � �QQQy ii �i � I I u 1�I1 , PI � I I C �II ::�:;�': .� I N II I : : : �; ',. '. � ui> �I 1:''�' � I I � p 1�1 1�� 1 I I W �I I, �. '. � � I I \. �' ' I� ', I I I I I � I �I II��.� I I I �I I �: . . , I � ,� � : � � � ' ,'i�i;:: ' �� ,�� , --- - L___ _ "___ �FI'_ "_ ____ -� � �d �s � � _ � D � ...1 � � � j � I , � �� . �€ � � � � I �r r� � �� mm°I ADAIR REMODEL = T� O e s i g n _ s t u d i o __ �� g 30.35 BOOTH FALLS ROAD 8 x VFUL, CALORADO u r e po box 527 woicon co 8�655 p 970.470.1722 I 970.926.9078 � ' I!l� �� . , � � � D � � y � � N Z � �� - � � I �� R ` �� i� V I I �� I � � � � � � � �h� ``_%� I� _ i�: �� i r _ I� ` �� V � L S �-.-__.- vP � - L-� � L �� m"° ADAIR REMODEL = n� O e s i g n s t u d i o ° ? 3035 BOOTH FALLS ROAD g� �a�, �o�o�o u r e ��. ��n � a,� p 970.470.1212 f 870.928.8078 1 ' f , ;I"`f'� I f , i I �I' . , 11 i I . ( '., ' i � . j ! '" i I __ — : .:� ''. . ': '. � � 4 ;, � i - i '', I : ; I� ��. ��': i � . : . � : . � • � � � � � -� ''� _ ';: Ii:!-= -� I � - � ; -- € ' ; -_ _ - � � 4� �R -- f � � R � �_\� , �� I i � I�I i I � f ' �� ,�� j�� i I I i i i � � � � � , i � , � � F��j RA :� D m w�° ADAIR REMODEL fv � i =�°I D O Q -° 3035 BOOTH FALLS qOAD 1 ai w$ � VAI� COLORADO � - , � I �., � � , ,_� � ; i� _ ; I , __ _ ,�� ; I � ; _ . I, �_ � ; i !. I . '. . / .�� ,' i i £ I _ _ � I i: 7 � ,1-` �, I ,, � .� i I � € ',' � x, ,' a � — � � �� , � 1 "a �F F� t � : .� � IOIe s i g n s t u d i o _ � u r e ��.��,��e,� � Ip970.470.1272 /970.826.9079 �� J i �R :� � b� � � � � � � ' i � S 7 � � y "'" mm ADAIR REMODEL N �� o � � O o i a 3oas eooni FnLLS aono N � � 8 � va� co�oanoo � i i i � �� ' �� L � i 1 I ., i � i � E � i i i i � . � �' � � �; , — V� � �� k` 4 � ,� � � ; � � � . .... .,.. . ...i..� a`' .��I � �1. �1!,..I[I.:._:.�!�l:.I.:_��! , _ � ii �i ' i. � +i OI e s I g n s t u d f o �I I u r e ��x��a,� • p 970.470.1222 f 970.928.9078 _y� \ �� -,- �'. vw �j . 7 f1 Attachment D f' �- C ; o u � � Y� W �� 0 ��0 � � c'17 � d x�L � 0 � +L! �` L3 J -m �> 1 Y .L l I I �� '1 . , �, , `� 3LL 1 �. , �„c� bZabB S� ��'IZI -_ 1/cj � 1` � ' o - �1 . � � � _- -s , i � �� — � � � 7 -'�__� \� i1 �!. � �l i�f....-_ � \ I �. r � � °sP � -Q`. � `�. � � _ ~ � � ! �� '� }ar. �� 1 � � _ _� _ _ ,,�,, . � ` ' � �—` t _� 1 �l yL_ 0 1 ' � � i ° � �. � � . i � ,\' L�� o�� 1 7 �.. \ •. ( 1\ � S' Q� oya o \ �i, \ � d� ' � ' �, ''11 `� Q �. I � ' � �� —aN —'�� 'C.1� .. 1 � �8 N -_.. `\" ' d �_ -_-o-,zz � \ 1 � °'�°� _ _ a Z � \ ' �----. - - ,i —�-- - � 1 ,. — — - �-. --- -- _ - � � ``•� � �s �� . \ `� ` � � \\ � . _ �', �\ `� �s 11 w � � '� - � � °` °'� Q Q � 1 '' � � N � � ; ' �, X} a __ .. _ _ i � 1 '� v �.� � 1 � t1A � � ��`n��1 ;' \ � J % V z ,� Ny O� v) J � � � �� .. � � 1 � � � �� Y� �� m� 7 OZ � 1��. � �� f > d� '�>J � � � u� ' Y� , ,�� 4 ,,E-g. - -1 � O s� — �- , � S� �`� �a � � � sd'� _�!E �--- �_� � � r' � - --'-', , , ,� , i,s�l .,� ' ,..- �`— �, {, ' �. . , _t "�,� �- — �—o� � � ,, .o.� � ' � 6�~ .c.� S. � __.._�i � ... . . y 1 � - � � ` < <� •6� ` _r9 -�, s � � , _o �- / , �� " __Sy-.� � � � i � —�� _ '�i - � J � � � � ', t4 6 � --- S � n-os „b , �\. � I� / `1 I, ii J J 1Ji1 -- � - F.. ��,,3 � `� .. � � v � l� �J� l �� i ' � �, 1 � .\ \ } l N N � � 1, i `j j\ , , UI I ' � ' . r4\ LL u� � p t� � 4 � . % � \� e� � , O `� � � JU . 1 N- ` � ��: '.e� , � ,1 / � -' � ' \ O� 11 "" . . � . -_ �/ S�\ � / / � A 2,Pt I� °� J� �_ f ''�/ q�, •� _ _' _ .- � ' - - �. . V _ ( �� / y .a , - , .,\ / 9 �02 S b9'o8i = �/d ' ..-�i 1 1 ` \f- � �'�.i`. _ J �� v \ 8 'r - �i _. �-,�� _ � - ,- � U � U 2 �y `� r T� _ �-'"_-t� - Ji 1 � ,1 I , ;. i � 1 , i �I �. :,! 4 Q � � � = 1�d ___�- a - -�_ —+ — _._.. ' '� u! � W � o; J , a � N U : ' � '� C td �� , c. z ` I _i . �. . e o i" _ _ _`�r_ _ — — -- � I i II u V > J � W � t� �,Il � !� �� - �,� L r p �,'� � i� � �y !y �' W �- �� a �`�!� _� �L co ; � 61TB,'? -4. -. . i;'� =J-02-- s�e � ,� ,' �I. � ��- � - — - . - - l _; , r ` : � `' : i _ d i� 1� 5 a � : ap -��- -- - _ _�.—. ��7�Z---•-....viKG.bp, �_ --- ? a 3. �J C { � � �I , LL � � � A_ O"O2 C-b' V � �� i �1 J , �j ;� u� ' 'x r W �9 {J ,� S1 � � E �l � L� �� N �� Fj � _ _ . c �{ y +,. �� F �� r ct :1 -r �F ��i J .\ �,1 ^j , ;1:"'11 � � � �y � v �` I l� � '.�� L' �i 11 1 ,;,�, � 1 ` � �� •• � � � -Q i I � ,I ��' �(1 � II lL � ' I— � � I � �� i a' i' _, ,:t � . �,, �J ° �� J J 1 J� n,j : y� . �Q � �� G ,- �_ H r � J � W I ,tr2.b8 � ,z�'c'IZt = 1/cJ �� °� ; Ti �I fi "n ��n Y1 Qi �' J � � ' � -� _ _ �/d � I � � 4 � I� � �. � �, �� N� L I� 2 �; a � �d i a� � —�-- -- -- � V ' � i� � �Z > J � �L �. Q� Z •• � � � � �C� y O L � � J � � � � 1� O On V �� 1 al '�, , " Q '� . _ . . - � EY.rEND EXI4TIH4 . . CULVERT TC � PROPERTY LME ' ' N 89 deg 29' 13„ W / � rwc, � _ _ - � �� - � ; 1 �I �� -}cEW DRT 5T?CK �� NEW� 9L�it�' � ..TOME RETAiHI,YG / ,.r J �� _ fEX� 9G iCl � �1ALL t8/�1ALL•99.00' '.. /� � - - - - - - - - - - � -� � � , vv��aoo.00�� viF . ,:, I , nuo � ' � � �' � � � . � 'I � R � � - - - - - 1 I �NEW � � I 1 GHANNEL ' 1 �� ORPW (NIG� �. I �, I I � f NEW 1'-O' u1IDE CONG PAN ° EDGE OI` R04D: I I• I qS��pROVIDE 7' INVERT. TYP �� , I I. m / FOR 1 LOGATION3 INIC� I I � I �� 'I� I1 % �` �I ' f � l\ �, � �� v � � I ' I � ,I v_ �.� I I I ] ' I EXISTINL I 1 I . . I'1E7ERRIC � / �( I ... � . -0 REHAIN � . �V1`1�AV�� . � '1 • ., I i CbN.FfEYTION ,. i ' � �� I �`�� ' �NEW 3' dSPHALr ' . REItOVE I I DQiVE� �'IAX GRAUE �RR ne �� LA DSCAPING 1 ioz �viFi�Hic> S7eP6 �� I PL NTiNG (NIC . � SE SITE- NOT 5 I � � i ` � �' 9L i I � i � � ,I i `i Ex�s,�� ie� cnP � Gl1LVERT �I �EI1A1'N G I lI� � � FJ II 1 O � (! � <,q.8' I i � _ —=II NEW PA�/EPS I O INIGi R � � � / '- I � -- ExIST�NG �` � GtiTE VALVE I t� � S I �:fyTR�' t�� ' � ;AD.I717fO�1 � °�. i I � _ I lC1 �NEW� 9t,00 .A �y I �(EX� 95.1) I � O I 1> � 1 (f� { X{- _CKIS7ING -'.�' �' , u-. " •. _-./ , , I I n �•I 1 � I - r _ ` _ _ _ _ _ _ J 3 �O' ENGROAGHnENY O : I I . ' � I �r n . � J ;p00' �� . � I V " i 5E7eACr '�� F � EXISTING HOUSE _ �k°�T 9 _ i,_ I< 4� i+ il � p ^� ARCH 96.00' (A55UMED) �� - �� O � I I �l � �' ' m �' � i � \__ 1� r,� _ 1 1 � qt.0' I \_J I � ,,��`J � r J�� I J �� EXTEND tY:3TIN _ l) I T- _ GULVERT INIG) -�-� _ _ _ ___ — I � I I 'cX15Ti�G i f L4VA.ROGK a0U�0EQ5 . I i � �.i� � I - - - - - - - - -" - - - - - I � -- .. . ` I� NEW BO�LDEI � I RETt.iNiN4 W. T-_�ALL-9�.0 � { � �-WALL�9].SC — � _ _ ` � �tVIFI fN�Ci S 69 deg 29' 13" E � I � � LOT I3 � �,, t SiTE ::�':. �, MOR.:; .. iawn o1 vall CommuNry / Develaomem Plan Rt�lld_F,�Heaiit�TSO�bRANCN RGAC 5 I�I E� T I Pl D E X AI SITE PLAN d NOTES LI PLANTING PLAN � NOTES (NOT ISSUED UJI"�H PER�1 A2 LOUIEP FLOOR EXISTING COfVDITIONS @ DEMOLITIOI A3 MAIN FLOOF2 EXISTING CONCfTIONS @ DEMOLITIG�! i A9 UPF'ER �LOOR EXISTING CON�ITIONS d DErOLITlO� A5 LOIUER FLOOR CONSTRUCTICN PLAN 8 NOTES A6 1`1,41�d FLOOR CONST�UCTION PLAN a NOTES A� UPPER FLCOR CONSTRUCTION PLAN � NOTES � � � � � T Attachment E Watershed Environmental Consultants, Inc. �� . �� .�+��1 � , � � �� Wetland Sciences • Environmental Planning • Hydrology • Habitat Inventory/Restoralion • Permiiting P.O. Box 3722, Eagle, CO 81631, Voice 8� Fax: 970/328-4364 October 21, 2009 Braun Associates, Inc. Mr. Tom Braun 225 Main Street, Suite G-2 Edwards, CO 81632 RE: Preliminary Design Review for Wetland Impacts, 3035 Booth Falls Road, Eagle County, Colorado Dear Tom, As per your request, I have reviewed the plan set created by Pure Design Studios labeled Adair Remodel (dated 10.19.09) for potential impacts to wetlands and jurisdictional waters of the U.S., permitting requirements, and feasibility. As you are aware, the areas within the identified limits of the established wetlands as described in the report, Wetland Delineation, 3035 Booth Falls Road, Vail, Colorado, revised January 31, 2008 are subject to the rules and regulations of Section 404 of the Clean Water Act (CWA). Any irripacts to such areas will require a permit from the U.S. Army Corps of Engineers (USACE) prior to construction. As proposed and described in the above referenced drawings, the residential addition is designed to utilize pier supports with beams to bridge over the wetlands. Although, the piers are located within upland areas, it is likely that structural fill at the base of the piers will necessitate minor wetland impacts. Additionally, temporary impacts for construction access will likely be needed for the project development due to site constraints. These anticipated impacts could be covered under Nationwide Permit (NWP) #29, Residential Developments, and Nationwide Permit #33, Temporary Construction, Access and Dewatering. Based on my experience in working with the USACE, it is reasonable to believe that these permits will be approved. A wetland is defined by the presence of wetland hydrology, hydric soils, and wetland vegetation. Wetland hydrology and hydric soils will be maintained but, wetland vegetation covered by the cantilevered addition may be negatively affected due to the lack of sunlight and available moisture. Therefore, the value of the wetland may be somewhat dirriiriished. However, due to the large boulders liriing the stream in this location, very little wetland vegetation currently exists. The proposed design allows for streamflow to remain unimpeded and hydric soils will not be affected, thus maintaining the function of this aquatic and wetland feature. The USACE only regulates the discharge of dredged or fill material into jurisdictional waters of the U.S.; the cantilever over the waters and wetland is not a regulated activity. Watershed Environmental Consultants, Inc. �� _ :�� ri� Wetland Sciences • Environmental Plonning • Hydrology • Habital Inventory/Restorafion • Permiiting P.O. Box 3722, Eagle, CO 81631, Voice & Fax: 970/328-4364 All projects reviewed by the USACE consider if the proposed plan has avoided impacts where possible. Particular site constraints limit possibilities for further development of the property. Alternatives to the presented plan to span the wetlands would likely have greater impacts to the aquatic resources. Although it is not possible to guarantee a favorable outcome, it is likely that the USACE will view the proposed plan as minimizing impacts to aquatic and wetland resources on the property. Tom, please be in touch if you would like to further discuss my initial comments and reactions to the proposed plan at 3035 Booth Falls Road. Kind Regards, i - _- --, �_-__-- � _ ��:, � Daiva Katieb, certified professional wetland scientist Attachment: F Wetland I)elir�.eat�on 3035 Booth FaY�s l�oad Vail, Colorado Prepared for: John and Katherine Adair CIO Pure Design Studio Millie Aldrich P.O. Box 527 Wolcott, Colorado 81655 Prepared by: Daiva Katieb, Principal Watershed Environmenta.l Consultants, Inc_ P.O_ Box 3722 Eagle, Colorado 81631 t -. � _ � �* } � `.Y��' :�'�� '_� �� x�- � �..,. �� Revised January 31, 2008 TABLE OF CONTENTS I_ INTRODUCTION----------------•------•-•--�-----�---------•---•-•---•----•------ II. ME'I'HODS.........••-------------------------•----•----••-•-•--•----------•- III_ DESCR_IPTION OF STUDY AREA ...................................... Soils......................�---...---------•--•--•-- Vegetation--•--------------•--•------••-------...._ Hydrology.---•--•----•-••-•--.....-----•-•--•----- IV. RESLJI,TS ........................................•-•-•-•----......---.._._.......-----• V. REFERENCES ..........................................................•--•--.... VI_ APPENDICIES--------------------••-.....-•----......---.........••----.......--•--� LIST OF TABLES Table 1. Plant Species List, 3035 Booth Falls Road .......................... Fi�ure 1_ 2. 3. 4. S. 6. 7. 8. LIST OF FIGLTRES Project location map.....---••--• ..............................•....__...----..._.._. View of spring source near the northeastern property corner__.. Inflow from spring to tributary of Booth Creek on site _______.... View of tributary to Booth Creek and pond on site .. ..... ........ View of delineated wetlands associated with tributary to Booth Creek on site----------------------•---------•--•---•------...... Viewofpond inilow and outflow ................................... View ofseeps below pond---------------------•-------------•-------• View of tributary to Booth Creek near southern property line------•----•--••---....--•• ................ LIST OF APPENDICES Pa�e 1 1 3 3 3 4 5 5 7 Pa�e 3 Pa�e 2 8 8 9 9 10 10 11 Ap�endix Pa�e A_ Photographs of study site .............................................. 7 B. Data forms..--•--•--••---....--•---------•------------------••-•----�---. 12 C. Wetland delineation maP-••------.....-•--••---------------------- I7 L IT�ITRODUCTION: John and Katherine Adair own the 0_44-acre property at 3035 Booth Falls Road in the Vail area, located within Section 2, Township 5 South, Range 80 Wes-t. The site is county parcel #210102303001 and presently contains aa existing home. The Adaus are initiating plans to redeveiop the residence. Pure Design Siudio, Ms. Milie Aldrich, P_O_ Box 527, Wolcott, CO 81655 is the project architect. The project site has been evaluated for wetlands or jurisdictional waters of the U_S. A site visit was conducted on May 8�, 2007_ The project is still in the planning phase; this delineation is intended to assist with the project planning. No impacis to the wetlands have been identified at this time. II. METHODS: Wetlands were evaluated by employing procedures described in the U_S_ Army Corps of Engineets (USACE) Wetlands Delvneation Marzual (1987)_ A routine on-site inspection for wetla.nd azeas less tha.n 5 acres was conducted. Wetlaud houndaries were based on the prevalence of hydmphytic vegetatioq hydric soils, and indicators of wetla.nd hydrology. Section III. Description of Study Area, of this report records the evaluation of the vegetation, soiLs, and hydrology of the site. Photographs of the study site are included in Appendix A. Field forms for the vegetation, soils, and hydrology are included in Appendix B. Table 1 lists the daminant vegetation observed on the project site_ The wetland boundaries were identi.fied in the field with flags labeled alpha- numerically_ These flagged points were surveyed and a map is provided in Appendix C. 1 3035 Booth Falls Road Wetland Delineation z 0 0 0 a u� rn Z O O O� m a+ rn Z 0 O m !�1 Q� !/1 TOPO! map pnnted on 06/10/07 from'unniled.ipo" ��„` 0 5 � wiE 1C•.e 0 IOD) FEET 0 SW i(�0 N(fFNS '„zF � s�d ni�h 70?0'E 2'_��; �vicozl Geacrr.�hi: (n-c,cnzucailr.�mphi:.cm cx:: Figure 1. — Project location map. 2 3035 Booth Falls Road �'�iland Delineation III. DESCRIPTION OF STITDY AREA: Climatic data. for the project site was obtained at station CO2454, Eagle FAA Airport, elevation 6,500 feet, located about 32 miles straight-line distance west of the project site. The recorded mean annual precipitation is 10.65 inches and the mean annual temperature is 42.76° F, both values were averaged over 58 years of record (Westem Regionai Cluna�e Center, 2007). Precipitation is relatively evenly distribtrted throughout the year, with slightly higher amounts occurring in late summer and autumn. The growing season, days with the low temperature above 32° F, is less than 90 days_ The project site is at an elevation of approxima[ely $,617 feet Several riparian wetland areas have been identified along a man-made pond and an unnamed spring-fed tributary to Booth Creek as it flows through the property. Soils The Natural R.e.source Conservation Service (N1ZCS) has not mapped the soils in the area However, the soils observed in the field had similar properties to the Forsey cobbly loam complex_ This complex is mapped elsewhere in the region with similar parent material, aspect, and elevation. Following is a description for Forsey cobbly loauL The Forsey cobbly loam complex is a deep, well-drained soil typically found on alluvial fans, mountain sides, and ridges. The parent material of the soil is alluvium, colluvium, and residuum derived from mixed mineralogy. The unit includes small areas of sandstone outcmps_ This soil has a moderate penmeability. Vegetation Much of the site has been cleared of native vegetation and is landscaped with both i.nd.igenous and omamenta] vegetatio� The landscaped areas are irrigated. The following table lists the dominant plant species that were observed on aad near the project area. Table 1. — Plant Species List, 3035 Booth Falls Road Scientific Name Agrostis stolonifera Alnus incana Aquilegia caerulea Caltha leptosepala Carex aquatilis Carex garberi Coriopsis palmate Elymus cinereus Equisetum hyemale Fragaria vesca Heracleum sphondylium Leucanthemum maximum Common Name Redtop Mountain alder Colorado blue columbine Marsh marigold Water sedge E1k sedge Coriopsis Basin wildrye Scouringrush horsetail R/oodland strawberry Cow parsnip Shasta daisy 3 3035 Booth Falls Road Wetland Delineaiion Family Origin* Wetland** Poaceae I Betulaceae N Ranuaculaceae N Ranunculaceae N Cyperaceae Cyperaceae Asteraceae Poaceae Equisetaceae Rosaceae Apiaceae A,steraceae N N N N N N FACW FACW FACU OBL OBL FAC W NI. NT FACW N-L, FAC NL Table 1. — (Continued) Scientific Cominon Family (h�igin* V✓etland** Name Name Status Lupinus caudatum Tailcup lupine Fabiaceae N NL Lysimachia nummularia Creeping Jenny Primulaceae I NI Populus angustifolia Narrowleaf cottonwood Salicaceae N FAC+ Populus iremuloides Aspen Salicaceae N FAC Salix monticola Mounta.in willow Salicaceae N OBL Salvia divinorum Salvia Lam.iaceae C NL Schoenoplectus acutus Hardstem bulrush Cyperaceae N OBL Tarazacum officinale Common dandelion Asteraceae I NL Thymus praecox Creepiug thyme Lanuaceae I NL Vulpia octoflora Sixweeks fescue Poaceae N UPL Wyethia angustzfolia Mule's ear Asteraceae N NT *Orig= I Ioiroduced N Native C Ctiltivated **Wetla.nd Status NL Not Listed NI No Indicator LTPL Obligate Upland FACU Faculhtive Upland FAC Facultative FACW Facultative Wet OBL Obligate HydroloQy A perennial spring-fed tributary to Booth Creek and an associated man-made pond aze the hydrologic features on the site. Only a portian of the tributary flows tluough the subject property, the remainder of flow is conveyed through a ditch north of the property line which is reduected to the west.. The on-site pond is filled with water that is controlled by a headgate off the diverted ditch of the tributary. Flow into the tributary on the property is further augmented by two springs originating just off-site near the northeast properly comer. Portions of the iributary through the property are lined with large landscape boulders_ In these areas, the limits of jurisdiction e�ctended to the ordi.nary high water mark as identified by water stains_ Hydrologic records for Booth Creek were obtained from the U.S. Geological Survey ("USGS") hydrograph records for Station Number 09066200, Booth Creek near Mintum, Colorado, located at 39°38'S4" latitude, 106°19'21" longitude NAD27, at 8,325 feet above sea level. This gage is 4 3035 Booth Falls Road Wetland Delineation i�unediately upstream of the project site above the confluence of the tributary which flows through the subject properly. This gaged data provides the best a�vailable information about the stream flows of Booth Creek near the site. Booth Creek drains a watershed of approximately 6.02 square miles above the gaged location. The gage has been in opera.tion from 1964 to 2006, providing us with 43 years of record. The hydrology of the Booth Creek is dominated by the annual cycle of snowmelt runoff. Peak streamflow resulting from snowmelt occurs in May, June, or July each year, followed by lowest flows throughout the fall and winter months_ Average annual streaQiflow of Booth Creek at the gage location is 11.9 cubic feet per second (`cfs'). The highest mean monthly streamflow recorded at this location was 123.4 cfs in June 1982_ IV. RESULTS: Riparian wetlands associated with an nnn,�med tributary to Booth Creek, other tributary springs, a.nd a man-made pond were identified on the project site. This area was flagged in the field and labeled alpha-nunnerically: A1 to A28, Bl to B45, and C1 to C11 defines the upland island within the tributary. All aspects of wedands, bydrophytic vegetation, hydric soils, and indicators of wetland hydrology, were evidenced at the establisbed areas. In locations impacted by the creek-side landscape boulders, the limits of jurisdiction were establisbed at the ordinary high- water mark as evidenced by discoloration on the boulders. The appmximate area of ident�ed wetlands on the properly is 3,780 squarefeet or 0.087 acres measured between the established wetland boundaries. A domestic remodel is planned for the property; however, the project is still being planned. This wetland delineation will assist with the design of the project The impacts to jurisdictional wetlands have not yet been identified; therefore, no USACE perm.it is being pursued at present aad �iis wetland delineation has not been forwarded to the USACE for verificatio� V. REFERENCES: Reed, B_R 1988. National List of plant Species that occur in wetlands; Colorado. U.S_ Fish and Wildlife Service_ St. Petersburg, FL. Stubbendieck, J., Hatch, S.L., Bwtterfield, C_H. 1997. North American Range Plants, Fifth Edition. The University of Nebraska Press, Lincoln, Nebraska.. U.S. Army Corps of Engineers. 1987. Wedands Delineation Manual, Technical report Y-87-1. U.S. Army Corps of Engineers R7aterways Experiment Station, Vicksburg, MS. USDA, NRCS 2007. The PLAN�fS Database (http://plants.usda. ov/plants). National Plants Data Center, Baton Rouge, Louisiana 70874-1149ti USA. 5 3035 Booth Falls Road Wetland Delineation USDA, NRCS 2�00. Hydric Soils of the United States (http://www.statlab_iastate.edu/soils/hydricn- Iowa State University Statistical Laboratory_ USDA, USGS 2007. Surface Water data for USA: Monthly Streamflow Statistics (http://waterdata.usgs.�ov/nwis/monthly). Reston, VA 20192. Western Regional Climate Center 2007. (www_wrcc.dri.edu). 2215 Raggio Parkway Reno, Nevada 89512. 6 3035 Booth FalJs Road Wetland Delineation APPENDI?C A Photographs of Study Site 3035 Booth Falls Road Wetland Delineation Figure 2. — View of spring source near the northeastern property comer. Figure 3. — Inflow from spring to tributary of Booth Creek on site. 8 3035 Booth Falls Road Weflcmd Delineation Figure 4. — View of tributary to Booth Creek and pond on site. Figure 5. — View of delineated wetlands associated with tributary to Booth Creek on site. 9 3035 Booth Falls Road Wet/and Delineation Figure 6. — View of pond inflow and outflow. Figure 7. — View of seeps below pond. 10 3035 Booch Falls Road Wetland Delineation Figure 8. — View of tributary to Booth Creek near southern property line. 11 3035 Booth Falls Road Wetland Delineation APPENDIX B Data fomis 12 3035 Booth Falls Road Wetland Delineation � ; DATA FORM ROlJT�IE WETLAND DETEAMlNATtON {1987 COE Wetiands Del�feation Maruial) ProjecUSite: 30 3.; �� ✓' Date: S 8 0� AppGcanUOwner: ��1Y� P -- Irnoestigator_ �- %�.�e,� State: L'O Do f�bmiel CircurnstarCes ebst on the site? � No Conunurrty I D: S f rr Is the site s i gruficarit l y d�st�utied (A t y pical S+tuation)? Yes � Trarisect ID: �J Is fhe area a poter�al Problem Area? Y�s � Piot ID_ �_ if rfeeded 'n on reverse_ VEGETA710N Ga/r�mon a�r�p d m �r� , cids �ratum indfcator 1 / L Ci �� 9_ -- 2_ o nv Qu� �i� d L � o_ . v i � a. ». 4. �z 5_ 13. B. 14. 7_ 1 � 8. 16_ PeroerK of Daritant Species U►et ara 09� F/VGW a FAC Z F,ac . Z fiamarks: HYDROLOGY _ aecardea oata (oescni» in aert,arkg): we�nd !-iy�orogy f�at«s: _ 3tr+ea�n. Lake, or Tufe Cieuge Ptimary 4�ca�ors: _ Aedel Pi/o�ogr�hs Intssdated Otlier � Sariaeded In lJpper 72 hcties _ rb r-�ec«aed o� �aa _ w� rv�rr� �� sec�nent oe�its F'ield O�: � Orae►ege Paiterns fn Wetlands Secondery h�ws {2 or more requtedj: Depth ot Sti�rfBCA Werter ` (it_) _ O�zed Root Ch� in lippsr 12 tiches Weter-S�ned Lee�es Deptli to Free W aRer M Pit S (h) lncai So4 SuMey Date � FAGNeifial Test De�th to Sadurated So� _�('ai.) _ Offter (E�lan in Remarl6) Remeris= Jt'��j e��/f%LJ �/�/i � ApQenci'oc B Blanlc and Ewirnple De�a Farns so��.s .�`' , �P u,x rt�„a l , i csares end Pt,ase�: /7� (� /�I�,�J orainage cFass: Field Ohservations Tazoromy (Su6grouP)- _ Confvm Mapped Type7 Yes Phh Prof9e Desatotian: Dapth MetrucCobr 6Aottle Colors Mottfe Abundarice/ Ta�we. Co�cretions, I1��1 ��n (.t�x� M�s11 cb,funse! i�l siaalContrasl Stn,aiue. etc_ � �1 /D � z / u� �� -y�d�ic soN 4�d;�rors: Ffis{osoi Concretions F�isfc F�ipedon _ Figh Organic CorKani c� Surfaoe Leye� in Sandy SoBs Su� Qdor _ Organic Stre�w+g in Sandy So�s � Aquic 6b�hire RsgBme (�ed at L�ocal Ffy�ric Soils List Aeducang Conddions Listed on RfaHonal ttydric So�s L'rst �(3Jayed or Low-Chrortia Colors _ Other (E�iah in Remarks} � � J i % Fterr�rks: ��i/� /�OLi � j %.'�G��% ��'EJr, :;s� !'G�� _ / WETLAND DETERMINATION F�dr�hY� �e9e�or� Present? WeUand Hydroiogy Present? Flyr�^tc So�s Preserrt? RATe►16: S� ji �< << S,s's. r� .! [si". � ' (!� Yes Pb (Circfe) iC�) No rvo es tr,�s s�,�y Parn w;m�, a weuana� � rvo r r' r . . � ' j "� �;��Pr� ��'�� 1; � �r:j�::� �' a° �a �,. _4 /�pprOVed by HGIUSACE 3(92 � Appectd6c 8 Blank and Exampte Data Forrns B3 � � DATA FORM ROUT�IE WETLAND DETERMIIdAT10N (1987 COE Wetkarxis Delaieatian Mar�ua� / / /��G � � � Project/Site_ z� �� Fv�� ti fG: �� ;�� - Date: S1 =.;� °;- App6canUOwner: Co�ty: / 1 nvestigator_ Sta2e: Gd� Do Nomial Gl'rc�xr�starxes exist on the sita? Y Com►rn�ity i D: Is the site sigr "�icar�ly d�st�rbed (Atypical Situation)? Yes Transect {D: / Is the area a poterttial Problem Area? Yes L! Piot ID: Z If needed lain on revexse. VEGETATtON �� a a P t e Stratum k►daa6or � StraWm 1ncAcalor ,. � � f��6 NL s_ �� c y ��i'i�ss � o us �r�.a u��s ��3— AL to_ � ei1J 3 'ui � �r� �G 11. !'n �17 lf�O�i!! 4_ 12 5 13_ 6. 14, 7. 15. 8 16_ Petvarq of Damirtarq Spedes Uiat are OB� FACW ar FAC FAG . !� % , : r Re�rlcs: p� �ltJ� W-, /•� � �;f�j ;' '' .-�� .9 4 r�/:l-.-• � G��Je;r .. l !% :� i� Gr' �' � l 1'' P ��;'" i/ �'jc?�;,�,'I/�' �y';�/l�I� _ . � HYDROLOGY _ R��a o� E�� „��: w�,a r�yy r,��: _ str�m. LdCe. a rrde caeuge Frinary r,dcaEors: Aeifef Ph�o�o�s ktia�dxted _ �ther _ Satureted in Upper i 2 h�ches _ No Recorded D�e Areiehte _ We�ar flAarks _ Drfft Lbies Se�me�tt De�asits Field Observations: Draeiege Patiems In Ws4iands Securdery kx6cato�'s (2 d more requiedr Oeplfi d Suiace Water: ` fi2) _ O�ocized Root Chemels in Upper 12 hches Welsr-Stai�ed leavos Depit� to Free W a6er In Pft (ii) _►ncal Soi Svvey Date FAC-Neirtrel Test Depth io Sahrarted So� �(n-) ^ ��e► (E�a=i en Remarl6) Remarle_ B2 ApQend'oc B efardc ared E�mFwe Dem Forms � Micliael W. \Vcst & Associalcs, Inc. Consultin� �nginccrs ❑nd Geol�gis[s November ] 3, 2009 Attachment: G Grulu�ir:d. Gcrncrhnic;il, ancl M��uniain��us'I'rrr:iin I{n};inrrrin}; Mr. and Mrs. John Adair c/o Mr. Tom Braun Braun Associates, Inc. 225 Main Street, Suite G-2 Ed�vards, CO 81632 2 Invemcss Dr3vc F:ut, Suitc 106 Gnglc�vood, CO 80112-5508 (720) 529-5300 rax:(�2o�5z9-5335 Toll Pree: (877) 318-2499 TiMail: mcvest c+mtivest�ssoc.mm tiv�vw.rti-�vcst-�ssoc.com SUBJECT: Debris Flow Hazard Assessment and Mitigation, Adair Residence, Vail, Colorado. Dear Mr. and Mrs. Adair: As rec�uested by Mr. Tom Braun of Braun Associates, we are pleased to present this report describing our assessment of debris flow hazards related to the proposed addition to the Adair residence in Vail. Mr. Braun has provided copies of the proposed plans prepared by Pure Design Studio, as well as a topographic map of the lot and the surrounding area (Figure 1), prepared by Peak Land Consultants. We also have in our files hazard mapping from the Town of Vail. Tl�e Adair Residence is located on Lot 12, Block 12, Vail Village, Thirteenth Filing. According to tlie Official Debris Flow Hazard Map adopted by the Town of Vail, an area mapped as "high/moderate hazard debris flow area" extends onto the property. This debris flow hazard map is based on the Debris Flow and Debris Avalanche Hazard Analysis Map by Arthur I, Mears (November, 1984). The Adair residence is not located in any other hazard zones, according to the other Town of Vail hazard maps for flood, rockfall and avalanche. The proposed addirion involves generally "cantilever", but also standard/on- grade construction of a new bedroom wing out over the mapped hazard area, with supporting foundations constructed in the hazard area. Mr. Braun has asked that we address two questions: 1. Will construction of the proposed addition have any negative impact on the debris flow hazard condition that nearby properties are exposed to? 2. Can the drag forces exerted on the proposed foundations installed in the hazard area by predictable debris flow events be reasonably predicted so that the addition can be reasonably eng-ineered to function in such a debris flow event? We conducted a site visit on the afternoon of October 15, 2009. The purpose of this visit was to assess the liazard condition, including conditions upsh-eam and downsh-eam of the property, along tlie debris flow channel and mapped hazard area. We also met with members of the design team, to assure that � Mr. and Mrs. John Adair November 13, 2009 Page 2 we correctly understood the concept of tl�e proposed addition, in terms of both design and construction, to the extent required to understand the hazard issue and develop mitigation recommendarions. During our site visit we observed evidence of the existing debris flow hazard: the large mass of alluvial fan debris deposited at closest approach approximately 80 feet northwest of the Adair residence during an event in 1984 (Greg Hall, Town of Vail Public Works Department, personal communication). This debris fan mass is elongate, approximately 400 feet by 70 feet, and is located east-adjacent to the well-incised, north-south h-ending Booth Creek. We aiso observed mitigation/earth-berm features in place, as well as adjacent and downstream properties. We recognized 2 mitigating earth berms, one located north of the residence near the apex of the alluvial fan and another immediately northwest of the residence in the form of an elevated service road. These features are labeled on Figure 1 of this report. Based on our site visit we generally agree with the Town of Vail hazard mapping. We agree that a debris flow hazard exists for the Adair's lot, and for other lots in the area that "back up" to Booth Creek. However, the boundary between "moderate" and "lligh" hazard as indicated on the Adair lot site plan provided by Peak (which we understand is based on Town mapping) does not appear to be assocrated witli any terrain or morphological feature. We believe, based on our on-site observations, that the logical location for this boundary is either the service road berm further to the northwest, or the large remnant of debris further north and west than the service road. Thus, we believe the Adair's proposed addition lies in a"rnoderate" hazard area, based on use of that term in the Town of Vail mapping. Tl�erefore, we believe that significant mitigation is already in place for the Adair's existing residence and the proposed addition, consisting of: • The large mass of alluvial fan debris in place between the existing Booth Creek channel and tile Adair residence, • The well-incised Booth Creek channel north and west of the Adair residence, • An earth berm near the upstream end or apex of the alluvial fan, that we believe, along with the existing debris, will effectively keep all but an extreme debris flow event within the existing Booth Creek channel, • The existing service road berm, that offers secondary protection for events that are large enough to overwhelm the apex berm and/or the existing creek channel described above. This mitigation may have been put in place in response to the previous l 984 debris flow event, or may have been put in place at other times or for other purposes. In any event, we believe that the hazard has been reasonably mitigated for the Adair's lot. W Mr. and Mrs. John Adair November 13, 2009 Page 3 An extreme debris flow event would be required to overwhelm the mitigation that is in place. It is arguable as to whether such an event is reasonable to anticipate. If foreseeable, an event of this size would threaten the Adair's residence as well as others downstream. However, adverse impacts of the Adair's proposed addition on the risk for downstream neighbors would be insignificant for such an extreme event. Thus, it is our opinion that the Adair's proposed addition will not increase the hazard to other properties or structures, within a reasonable degree of engineering certainty. Despite the mitigation in place, it would be reasonable and prudent to design the supporting foundation piers for the Adair's proposed addition for debris flow loading. This can be done using reasonably adjusted relationships deveIoped and understood for design of bridge piers for flood flows. We will be pleased to provide this information to your designers when required. We appreciate being of service in this matter. This report has been prepared to be consistent with that level of care and effort exercised by other members of our profession. Please call if you have any questions about these observations. Sincerely, MICHAEL W. WEST & ASS�CIATES, iNC. � �'� j'I �%r'- . �,�-- , l �' � �� , Ju�. Frazier � Engineering Geologist i � i �v�.- �, �u � �.,, : �/�/`"�i_' • `b d'''`w ' , : � :L,r.c .. rancis E. Harrison, Jr., P. .'�, 24 ��_ ' Principal Geotechnical En [1 /3 "�• • /�%�%d� � _� � � o $ � o � e g � p �m��o � �umau � s ( �� WT � I� f- — � 4FVFUt� S d �p �F� .1 i � � 8 � I � � p _ r3 « {,�r � � � � � � � 8 � � o @a� d . , ., I ¢5'� BO�SH FAILS ROAD 0 • -_ '� `°°"°� _"�! � _1 , � �� . �j" - • • I -�--- ��z #�: � •' I ----�' e I 8' �a�a� � f,I -__i- __ y"_"_ ( �e � � �„ _�^"� " � ! l � i�` __-� �• � � - ��" 1--- �- T�- '�S s� � � � ! / � \�---.I... . _ _ 12� 82' • • . �_ _ 509'19 `� i ': _ � � ;�� i. { +� 3 d � 'L Ii •1�•e ,��• 8� ____` ' ��'� L ��'� y/� S I �� cF/n ; x� 9 ~ �� d �� ' ; n i � - � � — — r� ?Y€ H .1 / � r �-� � �' �, -,, � 3 � � � � � 5 ' � '6� � \` � i T ,I � �� ' ��, � -- �. � � ' �. �.i..__....�= <; i, I �� \ 6 7. � � �� ,..a..-.�. � � �' _r,,,, � � _i .. x � � ° i \ ' 3,I 7 � 0 � N� � �� _ _ — p � \ \ `� / � � y � \ � T i[ e /, � � \ T �,""'° ,'.___ � ` - \ \ �+, ��L�� `� y �� `)� \ \ � -� , � - - — - y y ��1 � �- -� -J m � % $� \�I �t\ -�s.��y � � � =' % \ KLJ' \ �� i 1� _ t — �oe-�r.e� — — � � l �' � _ — .. i / '.lr�. � -- ` � I�y �Y� _�p•. �� -' 6� /� ��i .n /. _ -_� f_'�� 1 ! \ �fM � _i �Q�� `� / �OP �� _ `t. �Foe� Tt� \ � ¢ �� 3 i - - ' . t `� � 3 '5,+� � � �� '�`�i !_ . � � � 1 � t � r �i � � � _ �'y' � � �' � , ��y� � 1, b • � tl, � • ��1I= _ g� ' .�rl" � r r\� J''� \ J �9b �R� � '�� 1 � \ '` � �} 1 _ • p r l^�l T 1 _ ��S.. \ � i�8 y �s s � / • s: \ � ' � � � � \ � y� j • \ .�g� i� � � \ d� � � � � \ � 1 � °� � \ �r Y� \ � I, � � �. /� , n ,< < �g�� \ I ;� ,� � � �J '�. �, �;a I i o�a� �j,� � ' � � x � � � � �� v� � `g � \ �� ` � a 1 h 7 ' I� � � � �� I� 'i)'� � � � ,� . P �� a� � �' �� i � /I� d � ` � � � a � `\ I `/ � J °--, �.� �� \� � �., �� ."\ �-- , o �� ' m m m ��`i � l `--- 4 -'T.�_ � �� ' � T� , - � � •ebB9 . I?L � .� `3 i - \ — _ -,1.f .,:i. � � � \ � '' � f <OL• r 2 ' � 1 \ — N t2:o � L _ • i / — - m „/ �,,..� ��, �.,� �--�,.��„—_ _ �__ ��d � � I � � `dk .11'09 - 3.f�.10N ' _ ��h I • I `f��:� 43aog pas�.>u�-IW,W �} . '\ � ��'� I . � �'� . l4;,0 �' , �g�j� f k Q� "��_ �#6c� y - � � [ F �.�" Q �� e , � e � y�� b:�R i'a�±k S� ��i �;S��g 6� s��d G '�+�9 � a e � n �, f i' ��, d �F:F �,b� ;� ��3°8 dF�� r a �iY !� �.� � = a 'i _Y�� q�c�; '�� 5;��i� �;'$°r �3 � i ��47 � �'r �� { �� ,zU- i E E � ' ,` - � t ��5 py� � s=i' �� .� � &'�� a @E�� '�7 � � �+y ��.� �4,�1 S7� e e!s ��6� f �@ f� � e�R�,� t6;� 4% � r 6� 9i• $[��€ �1 8�� f '� • � ��pq ?y "cy� i�� t� 8{, g �dA. !$�. �aNfy y ��7 � ° i gFr!!y a � � � _ . i� � e ��3 ��''•i� �� 5i�6�� .�.�i�°� � L / � �� i6 ��L VJJ �� f�� fc� a 3i ?�, y�iy�'� ��;4 f s qaz'd � ��' �I �1 �e a¢ �p��: b�a+Kli r` 9ge�f A�fP�P � � ��i �� ,"�'9t � �•,i: �n ypi .[�i �`pI�Wa: '�kag y� -_' ��°b5� dy�q.. � � �,y � �e� �'�` [[p M " r `.�e e!� IL °.1C Yle=a �i�:REb ':..i 3�IYP� +btlE�� !f Q]edb :g S �S/ o f °jA z ' �9 � � �!9 .w�...��w��.�.. Attachment: H EAGLE R[VER / WATER 8c SANITATION DISTRICT �� September 30, 2009 Mr. Bill Gibson Planner Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Subject: Dear Bill, 846 Foresl Road • Vail, Colorado 81657 (9�0) 476-7480 • FAX (970) 476-4089 Adair Property at 3035 Booth Falls Road and Adjacent District Mains I am writing at the request of Mr. John Adair regarding encumbrances on the Town of Vail property immediately to the north of the subject property. The District has met with Mr. Adair on two separate occasions regarding his remodel plans for the property at the subject address. As you may know, the parcel to the north of Mr. Adair's is owned by the Town of Vail and is encumbered by infrastructure owned by the Eagle River Water and Sanitation District (District). Within the Town's parcel, the District has the following facilities: 1. Access road to electrical equipment on the Adair property 2. Access road to Booth Falls Water Plant and Booth Falls Water Storage Tank 3. Booster pump station 4. Raw water main to the Booth Falls Water Plant 5. Finished water main coming out of the Booth Falls Water Storage Tank 6. Sewer main from the plant Please also refer to the attached drawing for more details. The District requires a 20' wide easement for each main. We have not field located exactly where each main lies, but we believe that a considerably large portion of the Town's property may be encumbered by District infrastructure. The District has reviewed the proposed addition to the Adair house, including an extension of the structure into the normal Town of Vail setback from the property line, and has determined that this remodel will not interfere with District easements. Sincerely, ��,� � . �. Fred S. Haslee Regulations Administrator cc: Customer Service Account # 00875600 WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES � Attachment: I ALAN S. DANSON 3005A BOOTH FALLS ROAD VAIL, CO 81657 November 12, 2009 Members of the Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, CO $1657 RE: Support for Adair Application To whom it may concern: I am a neighbor of the Adairs and am aware of their application for an addition to their home. I support their application for the following reasons: The proposed addi�tion will not adversely affect any property in the neighborhood; in fact, the proposed location is the most appropriate/least impactful location for an addition. The Adair's back yard is a very special place. They have worked with the wetlands to create a wonderful landscape. Their proposed addition is a creative and sensitive soli�tion to minimize impacts to the we�tlands. The variance process is in place to allow for unique situations, just like this one. The Town should exercise the flexibility it has in the variance process to allow the Adairs to make these improvements, especially given the minimal relief being sought. The Adairs have positively modified the design from their last submittal to move the garage further from the road. Very truly yours, -� ' � ��i '� � .- ,�� l . Alan S. Danson November 14, 2009 Members of the Planning and Environmental Commission Town of Vail 75 South Frontage Rd. Vail, CO 81657 TO WHOM IT MAY CONCERN: We are neighbors of John and Kathy Adair. Our house is at 3021 Booth Falls Rd. We are writing to state we have no objections to the Adair's request far a variance. They have a unique lot largely made up of a lovely pond and wetlands, leaving them very little room to customize their home. What they propose will not in any way adversely affect the neighborhood, in fact it will improve it. Every thing they have done to their house since they first owned it has enhanced the appearance and attractiveness of the property. We hope you will look upon this request with flexibility and consider that their request does not impinge on any neighboring property. We support granting their request for #his �iiIYTILK� T'hank you for your consideration in this matter. Sincerely. �� U..�;�,�_ � �:ir � ��.,L, - -- - - Lynn and Jo Gottlieb 3021 Booth Falls Rd. Vail, CO 81657 970 390 4390 Mr. Bill Gibson November 16, 2009 Community Development Department Town of Vail Dear Mr. Gibson and Members of the Planning and Environmental Commission: My friends and neighbors, John and Kathy Adair have applied for a variance in the local zoning that woufd allow substantial improvements to their residence on Booth Falls Road. My wife and I have reviewed their plans in great detail, and we feel that their project would be both aesthetically pieasing and an asset to the neighborhood. They have gone to great pains to preserve the natural aspect of their back yard, and their revised plan now under consideration minimizes the impact on this beautiful site. I can imagine only benefits to the neighborhood if they are allowed to proceed. The variance processes is designed to address situations such as this, where a minor exception to the zoning rules can resuit in a major improvement in the aesthetics of a project. If the Adairs are allowed to proceed as planned, the garage will be much further back from the public road, and the back yard will not be impacted. In my discussions with my neighbors, I have not encountered anyone who is not in favor of this project. Finally, our neighborhood badly needs the property owners to invest in these types of improvements. The result can only be enhanced property values, and a greater tax base. I hope, therefore, that you will be able to approve this project as it is now configured. Please feel free to contact us if there are any questions about our support for it. Thank you in advance for your consideration. Sincerely Yours, %�-- �� R. Kennon Guerry � 3130 Booth Falls Court Vail, Colorado 81657 George Lamb 3130 A Booth Falls Court Vail, CO 81657 November 16, 2009 To the Vail Plaiuling and Environmental Commission: I am writing in support of the Adair Setback Variance Request. As a past member of both the PEC and the DRB, which I also chaired, I have seen many variance requests over the years. As I recall, some of the overriding considerations were impacts, unique hardships and precedent setting. Our site visits were very beneficial in that commissioners were able to visually understand the existing situation and thus come to a more insightful determination of a proposed variance. In this regard I believe that the Adair request is both reasonable and justifiable. Although I am aware of several variances which this property has been granted in past years, this request represents an extremely tharough analysis of the site which underlines the constraints uniquely inherent to the property — this variance request finally gets it right! My support of this variance is based on the ovemding principals of 1.) No negative impacts to surrounding properties; 2.) A clear hardship given the wetlands, easements and the existing construction; and 3.) The number of variances within the immediate neighborhood which have been granted especially those encroaching into setbacks. Respectfixlly Submitted, � � �' 7'04�'11! OF YAII, , Attachment: J 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 Code, on November 23, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels Of A Building), Vail Town Code, and a variance from Section 14-5-2, Other Requirements; Parking Lot and Parking Structure Design Standards For all Uses, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the development of a private parking lot with less than the required interior surface area landscaping, located at 934 South Frontage Road/unplatted, and setting forth details in regard thereto. (PEC090032, PEC090033) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter '12-17, Variances, Vail Town Code, to allow for the construction of additions within the front and side setbacks, located at 3035 Booth Falls �Road/Lot 12, Block 1, Vaii Village Filing 13, and setting forth details in regard thereto. c� � (PEC090034) �\�h� Applicant: John and Katherine Adair Planner: Bill 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 call 970-479-2356, Telephone for the Hearing Impaired, for information. Published November 6, 2009, in the Vail Daily. Ms. Susan Fritz Booth Falls Mountain Homes Owners Association P.O. Box 356 Vail, CO 81658 Mary Golay 999 18`h Street Suite 3210 Denver, CO 80202 Eagle River Water & Sanitation Distnct ATTN: Fred Haslee 846 Forest Road Vail, CO 81657 Town of Vail ATTN: Bill Gibson 75 S. Frontage rd. Vail, CO 81657 G �-�' r � I � � � C �� J \��, I_� I D OCT 2 6 �OU9 TOWN O� ��AIL ,• �au�voFV�u � MEMBERS PRESENT Site Visits: PLANNING AND ENVIRONMENTAL COMMISSION November 9, 2009 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEETING CANCELLED MEMBERS ABSENT 5 minutes A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to November 23, 2009 MOTION: SECOND: VOTE: 5 minutes 2. A request for a final recommendation for the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Table to November 23, 2009 MOTION: SECOND: VOTE: 5 minutes 3. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds (West Vail fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to November 23, 2009 MOTION: SECOND: VOTE: 5 minutes 4. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to November 23, 2009 MOTION: SECOND: VOTE: Page 1 Approval of October 26, 2009 minutes MOTION: SECOND: VOTE: Information Update 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 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) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 6, 2009, in the Vail Daily. Page 2 � H � W a O � a � W U 'oo UZ U LL J LL m Q � �a Q � � w H � _ H C Q � � � �.—C C —U�� ca NN— � •C� NMm O '� N _ � � � L � ��ya 6�O�.CU +�--~ � � j � � � i0s-�p Q� �y oz�� Z�� e> Wc�o.� � � C � 0 �.�� -� C �' � �U O m ��i. � .. woca=�o W U L � L � _ � V ~ = � ��'�� w�a��-� Up�`�cc � '� -Q CJ r O OZW�r c4.� � O�� U� a C7 w �O w O O O �+ fTr W � �H O d v � � � � � � � � � T Qc�O��QpjVfOC c4 m��0 L(��'� �l�•- Q � C cCN� � c3 ��,._. � p � c� O � �f1 � � � '_' p -, �o co�,-,U� � =^v cH cri °'_cA�r�Y.C� .4C �� — [,�j C ��-�� OU � Oa_l � �.6Q' OQ QC U tn m�� Q� cS �C) O c3 c�— �— 'Q._W-- �QU? cs �n a� m mi� ��- pN � O�r a� � � � 4 N� �J—r � U Nd.�= C N`� p��N� cC ��O i� �. Q j�, C O r L.�-- �(B �` c0 Q � U � � `u- � ` N.�-a� OrG � iacn�•`-�°�� a.° a� ��'w ��U � Da � •- c0� �� cq �d� TC �,r�c��cUo��a`-'-�m c� ° �� y o � � ca � oj� � <`n �?�� c�-- ° cs� �':: �� N C 4 p� � N C C i � 3 i i� f� �� OL f3 � N �Q� N 7,i773 �,� ��+-' U N N . "6�tp "a N �—�C N Y �=� O� 6� � O�-`3 U 07 c�4 �' � c3 Q Ec�U�O aU a.� cu ��"�'� �' � O � c�'C t, pp Q N K ~ N N � � y O � � N U � � �' � .d � 'C Qi '=i �� cc � FyJ 'Li y y� ,� �� Hb��,o � ��o�, T � • V Q. � ... cd C V, O Q w � � ❑ roaa�c � �.� y � ,J'.�'J � b W b c y; `�' '' �a x � °�?,o� N W rn p� F. a� �°�•�� •C a� �^ O U � � �� '� ��.� � � � � � e^ .� � 3 a, � � o.�� c� N i'r � {.n �y '"_' N U Q � � y � K a .� v ,� c°> 3 lO 6n � 4+ N ��b � �, y acdi a 3 y�,�,, � �`'c�� o ca T a>;d �'C C �� 0 03,�� .� o � 0 'd � b y b y. a� o •� v .G a� 'G a� d � �,., � a .c o � � m � � � •° �o o � � � � � � Q3��'�� ..; C ��i W C � O '� V � O U 'b 0 _ � � L � d O N � U C 7 .� i � T a 0 � � E C v � R � � � � � � a ° ._ � � � � •� a G � �a „ E F� O 0 � � � b a � a a3i ❑ U C Q��Cj Q � c0 �`�CO�� O�m.C� O Q(� !" lf) - t ��` c Q coo=��°'� .�U�•� � � � L L rS, C = =p "a � � . �� s� � U�.= ¢ O=qNj�O .� C as — — �� 0 NY � � � '�'� v v o � � � �j�� Y � =_-�r� c mN � � o .� a� r- o`n '- o cs cn c�u}N � a� o� �:n OU � °'�� 'Q�� m iA�p+-- Q..rp � _ jN f3 4�4� y� U N �rL2�,rN U_C W � Q•Q ° cs �Li cs�Q � � � O O m N '.' �^ � b � y � O z � 0 0 cd O +�-' 'C ..�.� � W V! � F, y � � � � � w � � o � C � " U N C7 � � �, � O i N F. 7 � w � b � a � � � x ^ � A � � a 3 � d G � cC C � ' � w L ' 0 �� 0 o � N y 4" � � � � � � C � o cn b N � � N � � � Q� O�""'-- � � O 0 j � � � `D ��"6 ciS �i C 6� •� Q p � � Q'— Y�T�•p�� m�a��.o �CL C•— .Q4��U�� (yj�C'i_�� C 47 � O �-II Q� DQOi V 70 N LL�Q�� U� O�>O �.V�� a�OM O ��(�-Q ��r _ Qo� � �•CN � i rN� V 7� c�s°��Q�'�v cnmo�,--a o o-II~ E� csU�` � � �.vs =rn � ' ca � m > -- cu = U ] �-- �C � � � .�cII � q) y _,� U Q� `��U•j � � f3 ��0��.�0�0 � f3L � QVi��`. �� S yd� � �� i=t� d y � � :° z ., ., 0 N rl i. d a d > O z � � .� %. .N .� U � � � � U" D � QN.. c� a> � ', .n � - CJ ' ; CA �•Q ; •N �� U ' ��; � O � �s � i 1 �� f � o c �Lr ._�� N� �sc � =C ��C (��'� � N a� C °i�r cA �a b J m F N $ Z ¢ W p2� 40U ¢p SU_ �zu�1�a J�>° o��$ z�A zpE' �o rt�j �m¢ �7 a U � _z za� � O a n L� J Q �� w �L �m° N� �o �.y 'm:7¢m moo N�N �y¢pC� e�m`°A°m c4 EoOuicw °n�ryoma c�UP�� V a � � C'1 ��ti�d - � �a'� 9 c >>�� m Q�orn a =��d`� o �C�ppur � _' m$ i ��t� 9 o N�c m u� �° � a � o0t � N�-d;N -- c � 0�2�5 0 `-' � � � U oa aA e am'Aa¢ o° 'o<ayo, - ;��'�� _ �S �E ��c� mU �a`EN ¢e ��aNm�i>i Q�Eo�W°nAV �(7v_ a6a4 � � O O �. U � � r� 0 w D. U k+ � 00 � E� w z E� � �� O aoya C � D � E�mc gidm� U,� � Foc >q� .� � � bM� NL1 m3o> N�� Qo� a�� A°a q s~B a ;>¢ c w -m= ro �u �LL s A�s_�£ o O `°>mog0 Q W ��U==� W N �W�= N V"'_a_m p mm��C O Nc `$_�C � 'Ux�<a<'.f � ��.-. v� p � �c Q N � � N�! � � � � C � O � @ U N � �nsb �'� a� � ro � .x �v �, � .b � � � ro m � o >, o b � ro �o c � L N O y T p 0.._ � ia ' Qc� �� ° w � A C .� p � � � j ¢� G a' Dyll (d � N � � t/� '� t�. 'D `� C :: �«, v � � �n � � r^i� � Q' w O > w p *, L �a O 7 �� N C � . C p., � � C G X 'b � � � � � N • � y N � � � �� 3 a, . y �� R�� m��a� fE � y U d a��`° � a� o a .. b s � 3 �y c�C � � C t � � 3 'b �, a, a, �, ca <a v� w �' a� c 3 �,-_, � 3'0�� ,v n�b =a�� C � � L = 3 0 a� �� o ° � o E N � � a� O � y .{�''_' � in � � a.'� 0. �v � � O L �-. TJ Qi � ... w � y� O p" � N v N Q,�,��o�- .: G U W C �.�. �o ��yy� U =�°`qi_ '�o-m°�o� =o��¢o ao�p�C ? (J-'Zya_F�g . m�=LLmV Jt£� O '9 N L O O t.% 9 a � on a •L v a 0 C O v 9 ._ ...,� L in .'r.' C O �. i � d E oa L v > 'O � � � a+ a V � a ° W � � j >, °y •� a A � �� 1+ , � °' o E"i '.�. ��3�m3� Em=c�°�i in¢j=�0 �w��mo.. WW��m� nO-°8'0w a`ii oa _dEc - nN NcyUNN.�carJ �oEqu, c-- °�J �E°c�namo' 6$ny�Q m-� rn dd=o°��o m��EL-N�y .4°9v5v'e'm �'u d��doa �oj��o-m� oo,��d�m e 3��EgEci�r�--odE. . c�'ER�B°_��d. ' aE¢`mmm `o��3�m.TO-`s �� "m -ro m>3� ,, � m;o�`z' d8�`sa?z.�� a�owm `O'�U . vo�_o=Eaa< o� 0 O O N .--i � ..�-� R 'b L � a 3 C d�� 'cE¢c NEU��o � o �(� --^`a oo> m v wv �Naa OA�CJ �OnNa JmE°a VOc 3�� ~ � � c a -F N'_ �_��O r>o�� `o_Ea�� a`d�,d `"- cEq�� Ea o�-O.-v=dg. �r qU�n� m�Um�m O �o��S.VO o iO�'rE¢�`3 U Or/�-o'`d w ooc>>3� N 'm- o a n�t amu f 3aa6 O O N v .D ^L" a"i L] w O T � b � � ..G � C t � ( N�J i .'L' � 0 � 3 � c 3 � O b W � DU C � o° ��d d� aeH - E�aoLL=°c a�oO=�'� rN�,��m �w.0 Noov 00 4� =o= a:= a°'��,-m o�� N � �^ J b;V_� J 0000p�' �o��W� � ��Nd .p �000�E a >��3�� m t`3oB_�o ' o��m3� � @ g>c!��E A bh" �e d . c'cGJAm�j � Ecm3m= �' �. w E �"LLO m$E Oy �aDtL;•-.�"T O _ �� 8 �� 'ma vi H�oa-�a�3� � ��cv��,m.Y�OC O¢�'"'�'o�t°n_U a eam'�¢.__aaa O O N O V mn- �c5 �7 `= E�$ Nm� ��O W E� �6 �° �E e8 �p�� v3 d� c o -. q� o� �n> . L� ,R� OO _ a � o'r ��E �. tt n a� �� YF N odb � . - � �- u. ^' � � � � o� e �� ° op � � r mci°o E� s�� m' p� � m � ?�U=��> mFj� O �Ha� �_ �_s $. u `o>�$xr$c�i �'��$ � .. b �FN �_�-�f i "ES�¢zz E:.z' � $�Wad04 °�°yc0 O ^Eaa�cF.t� <�$=U � amani mZaa� � 7 .� U � U c�O L 'y Q,q cC T � �' az '�� V � o N d' U � T� Q �p O W o :; � _ � d N 0 N � � � > 0 z QJ .a N C O .0 � O U rT G ��> a C � v�.0 �`ov° y��i _�O . ' o 4aN � F E�Qo°� _ 0•4 o2u.. °�ao ��;¢d 000� �g�� r � sf�`- ° o=m°ry G ��99 z y;?� V `oAa� H J-2v �p 4 m$�� rp a 7 oal(g-` m o_ ._ _ . . mm o � ��m m�=.� , �.,E°w ��o I a� v'mo,4 a I mUq � • �LL aq mbm^ - �_ E� ��S o _ � a�.3W "�� _ � ��a myL`. �4° 2, ,Bccw aCV,� O ryo� �N�c =6-0' — > Umv� mOmt� 30 � Eyy d io°Pc mEtd �� ` �mby mga dE g ;ao� > < <o R aooE ;$ � =m�� _Aro o�VO � d= 8 � °~3g' � � }E�O m= � . Bm-•R E "�'�'E A� �8 g = a_o° } E��m � g jL� �o= �� E� �,m� mr °'r � °o � �, I g ER mc �a 8� �¢mF=�� @ > ��- ' o= =aE�>coZ >Z o = gmoo _ _ EN &NmC��rW �N Q EN _m9U m p I Z= o�'�0~¢=2 Q2 €�2 n co P R c . p� m°�mS�00 O °O �- w c i E i UJ Q��w°wu�p �O _ 40 mu�¢ a� Ep « ��v�8aa<i �f �`_'`� i=onF 'u)o C) •. .0..�! rP .�F` T d � 7 � � � ' . � f � r K s �"y"'M, �. $ � `/ 0 � �__"�m �.. � o : � �D=10 � m ^aoa m �o �'�Dm �m° � �p w W oi�='b�$�€ o�=�= Sa o r = r �; °„ a = �6 c mo a '� �.m". � ; ; c mo' m � m S �� z W � 9 ,� � O r u : O: I'N' ,r, �n