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HomeMy WebLinkAbout2010-0726 PECPLANNING AND ENVIRONMENTAL COMMISSION July 26, 2010 1:OOpm T�N�V OVAIL TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Franke Residence - 2712 Kinnikinnick Court 2. Stephens Park - 2470 South Frontage Road West 20 minutes 1. A request for review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Sections 12 -6D -6, Setbacks, and 12 -6D -9, Site Coverage, Vail Town Code, to allow for an addition of a garage within the front setback, located at 2712 Kinnikinnick Court /Lot 10, Block 2, Vail Intermountain Subdivision, and setting forth details in regard thereto. (PEC100033) Applicant: Patricia Franke, represented by Mark Donaldson Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: 20 minutes 2. A request for review of a Floodplain Modification, pursuant to Chapter 14 -6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100 -year floodplain, to stabilize and re- vegetate a portion of the stream bank within Stephens Park, located at 2470 South Frontage Road West/unplatted (a complete location description is available at the Town of Vail Department of Community Development), and setting forth details in regard thereto. (PEC100034) Applicant: Town of Vail, represented by Kristen Bertuglia and Gregg Barrie Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 5 minutes 3. Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 6, Village Inn Plaza, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to reduce the side setback and increase common floor area to facilitate an entry vestibule at the rear entrance, located at 16 Vail Road (Vail Plaza Hotel)/ Parts of Lots O and M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100032) Applicant: Ferruco Vail Ventures, represented by the Mauriello Planning group, LLC Planner: Warren Campbell Page 1 5 minutes 4. 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 rig ht-of-way/U n platted (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 August 9, 2010 MOTION: SECOND: VOTE: 5 minutes 5. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, 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 August 9, 2010 MOTION: SECOND: VOTE: 5 minutes 6. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to August 9, 2010 MOTION: SECOND: VOTE: 5 minutes 7. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West /Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to August 9, 2010 MOTION: SECOND: VOTE: Page 2 5 minutes 8. A request for a work session on a major exterior alteration, 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 rig ht-of-way/U n platted (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: MOTION: SECOND: VOTE: 5 minutes 9. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, 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 crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto. (PEC100018 /PEC100019) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Table to August 9, 2010 MOTION: SECOND: VOTE: 5 minutes 10. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7, 8, 9, 10, 12, 13 (Vail Rowhouses) /Lots 7, 8, 9, 10, 12, 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090037) Applicant: Christopher Galvin, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: Table to August 9, 2010 MOTION: SECOND: VOTE: 5 minutes 11. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH) District, and setting forth details in regard thereto. (PEC100011) Applicant: Chris Galvin, represented by K.H. Webb Architects /Mauriello Planning Group Planner: Bill Gibson ACTION: Table to August 9, 2010 MOTION: SECOND: VOTE: Page 3 5 minutes 12. 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 August 9, 2010 MOTION: SECOND: VOTE: 13. Approval of July 12, 2010 minutes MOTION: SECOND: VOTE: 14. Information Update 15. 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 July 23, 2010, in the Vail Daily. Page 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 28, 2008 SUBJECT: A request for review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Sections 12 -6D -6, Setbacks, and 12 -6D -9, Site Coverage, Vail Town Code, to allow for an addition of a garage within the front setback, located at 2712 Kinnikinnick Court /Lot 10, Block 2, Vail Intermountain Subdivision, and setting forth details in regard thereto. (PEC100033) Applicant: Patricia Franke, represented by Mark Donaldson Planner: Rachel Friede SUMMARY The applicant, Patricia Franke, represented by Mark Donaldson, is requesting a review of a variance from Section 12 -6D -6, Setbacks, and 12 -6D -9, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for construction of a garage within the front setback, located at 2712 Kinnikinnick Court /Lot 10, Block 2, Vail Intermountain Subdivision, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting a setback and site coverage variance to allow for the construction of a garage in the front setback. The proposed 596 sq. ft. addition will be located a minimum of 8 feet from the property line in the front setback, and will exceed the maximum allowable site coverage by 118 square feet. The request includes removal of parking and a retaining wall from the right -of -way, with a compliant number of parking spaces to be located on the property. The proposal also includes the removal of one tree, which is located where the driveway is being proposed. A vicinity map (Attachment A), the applicant's request and architectural plans (Attachment B), and site photographs (Attachment C) are attached for reference. III. BACKGROUND The existing residence located at 2712 Kinnikinnick Court was originally constructed under Eagle County jurisdiction in 1973 and later annexed into the Town of Vail in 1987. The existing lot and structure are both non - conforming in regard to numerous provisions of the Town's zoning regulations, including front setback, parking, lot size and lot dimensions. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. Numerous other properties within the Vail Intermountain Subdivision have requested and been granted approval of similar setback and site coverage variances, including, but not limited to the following cases: IV. Year Address Legal Description Variance Description 1987 2664 Larkspur Ln Lot 4, Block 1, Vail Intermountain Front setback variance for garage 1996 2704 Larkspur Lane Lot 5, Block 3, Vail Intermountain Side setback 1998 2625 Larkspur Lane Lot 1, Block 2, Vail Intermountain Front, side and rear setbacks 2000 2865 Snowberry Dr Lot 2, Block 9, Vail Intermountain Front setback 2004 2714 Larkspur Ln Lot 4, Block 3, Vail Intermountain Side Setback, site coverage and landscaping 2004 1 2830 Basingdale Blvd I Lot 5, Block 6, Vail Intermountain I Front setback 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 -6D: TWO- FAMILY PRIMARY /SECONDARY RESIDENTIAL (PS) DISTRICT 12 -6D -1: PURPOSE: The two - family primary/secondary residential district is intended to provide sites for single- family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12 -6D -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. 12 -6D -6: SETBACKS: In the primary/secondary residential 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'). 12 -6D -9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20 %) of the total site area. CHAPTER 12 -17: VARIANCES 12 -17 -1: PURPOSE: A. Reasons for Seeking 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, 2 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. 12 -17 -6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone 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 same zone district. V. ZONING ANALYSIS SITE INFORMATION Address: 2712 Kinnikinnick Court Legal Description: Lot 10, Block 2, Vail Intermountain Zoning: Two - Family Primary /Secondary (P /S) Land Use Designation: Low Density Residential Current Land Use: Low Density Residential Lot Size: 0.27 acres/ 11,761 square feet Hazards: None ZONING ANALYSIS STANDARD REQUIRED EXISTING PROPOSED Front Setback (North) 20 feet 7 feet No change* Side Setback (East) 15 feet 23 feet No change Side Setback West 15 feet 87 feet No change Rear Setback (South) 15 feet 21 feet No change 3 GRFA (max) 5,269 sq.ft. 2,618 sq.ft. No change" Site Coverage (max) 2,352 sq.ft. 1,874 sq.ft. 2,470 sq.ft. Landscaping (min) 7,056 sq.ft. 6,904 sq.ft. 7,500 sq.ft Parking (min) 3 spaces 0 spaces 3 spaces *Proposed garage will be 8 feet from property line, which is greater than existing front setback * *596 square feet of GRFA added, but all part of garage credit SURROUNDING LAND USES AND ZONING Existing Use Land Use Designation Zoning Designation North Residential Medium Density Residential Residential Cluster South Residential Low Density Residential Two - Family Primary /Secondary East Residential Low Density Residential Two - Family Primary /Secondary West Residential Medium Density Residential Residential Cluster VI. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12 -17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed garage addition is associated with an existing residence originally constructed in 1973. The lot was annexed into the Town of Vail on June 24, 1987, and was immediately legally non - conforming. Both the existing lot and the existing residence are non - conforming in regard to several the provisions of the Town's zoning regulations, including front setback, parking, lot size and site dimension. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. Staff believes the applicant is proposing to add a garage to an existing non - conforming dwelling in a manner that is in keeping with the general character and architectural style of the neighborhood. Most neighbors have garages, and one home on Kinnikinnick Court has a garage within the front setback, which was built prior to annexation. Staff does not believe this proposal will have any significant negative impacts on nearby existing or potential uses and structures in comparison to the 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. Both the existing lot and the existing structure are non - conforming in regard to provisions of the Town's zoning regulations. In order to remove encroachments on Town right -of -way and to facilitate enclosed parking, the applicant is proposing a garage that encroaches the minimum amount necessary to accomplish this goal. Staff believes the applicant has proposed the minimum necessary amount of deviation from the setback requirements to facilitate the construction of the garage. Staff also believes that the variance from site coverage requirements is the minimum amount necessary to facilitate a garage on the lot. Therefore, Staff believes this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the setback and site coverage 4 regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Two - Family Primary /Secondary District. Additionally, the Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. Therefore, Staff does not believe this proposal will constitute 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. Staff believes the requested variance will have a positive effect on public facilities, as the request will remove parking and a retaining wall from the public right -of -way. The removal of parking from the right -of -way is a goal of the Town of Vail, and facilitation of this goal allows the Town to utilize the right -of -way for snow storage and other public improvements. The removal of parking in the right of way also removes a curb cut along the bus route, which will improve traffic flows and reduce conflict. Staff believes the requested variance will not have any adverse effects on light and air, distribution of populations and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VII. STAFF RECOMMENDATION The Community Development Department recommends approval, with a condition, of a variance from Sections 12 -6D -6, Setbacks, and 12 -6D -9, Site Coverage, Vail Town Code, to allow for an addition of a garage within the front setback, located at 2712 Kinnikinnick Court /Lot 10, Block 2, Vail Intermountain Subdivision, 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: "The Planning and Environmental Commission approves a variance from Sections 12- 6D-6, Setbacks, and 12 -6D -9, Site Coverage, Vail Town Code, to allow for an addition of a garage within the front setback, located at 2712 Kinnikinnick Court/Lot 10, Block 2, Vail Intermountain Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this variance request with a condition, the Community Development Department recommends the Commission pass the following condition: "This approval is contingent upon the Applicants obtaining Town of Vail approval of the associated design review application." Should the Planning and Environmental Commission choose to approve this variance request with a condition, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section Vll of the Staff's July 26, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental 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 District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, 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 practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 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 Primary/Secondary District. " VIII. ATTACHMENTS A. Vicinity Map B. Photographs of Site C. Applicant's Request and Architectural Plans 31 Mi ti op 9 O O O CL Attachment B North elevation South elevation Attachment B East Elevation taken from Southeast corner of lot View of Northeast corner of house taken from West side of lot Attachment C IT ON 0048 E BEAVER CREEK BLVD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949 -5200 FAX 949 -5205 WWW.VMDA.COM MEMORANDUM TO: Town of Vail Planning Staff & Planning & Environmental Commission FROM: Mark Donaldson /VMDA DATE: June 28, 2010 RE: 2712 Kinnikinnick Court - Vail, CO Variance Criteria 1. Addition Garage & Exterior Stairway matches existing structure on site and is consistent with older, surrounding structures in the immediate area. 2. We respectfully request placement of new (less than 600 SF) Garage to be situated within the Front Yard Setback (see site plan) and Building Site Coverage of 2,470 SF (see site plan) so as to enjoy similar benefits of lots of conforming size. We will remove existing encroachments as indicated on the site plan. 3. We see no negative effects; we see benefits of removing existing encroachments into Town ROW. 4. The reduced lot size is paramount in terms of requesting the enjoyment of reasonable improvements proposed. 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(PEC100034) Applicant: Town of Vail, represented by Kristen Bertuglia and Gregg Barrie Planner: Warren Campbell I. SUMMARY The applicant, The Town of Vail, represented by Kristen Bertuglia and Gregg Barrie, are requesting review of a flood plain modification pursuant to Chapter 14 -6, Grading Standards, Vail Town Code. The Town is requesting to perform work and construct improvement in the Gore Creek adjacent to the eastern boarder with Stephens Park. The proposed work is the result of erosion to the bank of the creek created by the numerous users of the park accessing the water in this location. The proposed improvements to the bank of the creek include grading, armoring (placement of boulders), revegetation, installation of natural stone steps, a ramp for those who cannot utilize the stairs, and improvements within the channel of the creek to redirect the forces of the water, and create better fish habitat. All of the proposed improvements result in a bank which should be able to withstand the forces of the water, allow for recreational access, and result in better fish habitat all without affecting the limits of the delineated flood plain. Based upon Staff's review of the criteria outlined in Section V 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 VI of this memorandum. II. DESCRIPTION OF THE REQUEST The Town of Vail adopted Environmental Sustainability Strategic Plan Goal 3 states that the Town of Vail shall "ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health." To that end, the purpose of the Stephens Park Stream Bank Restoration Demonstration Project is to implement stream bank stabilization and re- vegetation at the east end of Stephens Park designed to mitigate erosion, sedimentation, and degraded vegetation. Restoring this site will prevent further damage to the riparian area, improve water quality and habitat. Accessibility and recreational opportunities will be greatly enhanced. The current condition of the site has an eroding bank approximately 100 feet long that has been exacerbated by recreational use such as dogs playing and whitewater /fishing access, and most recently, flooding, which has resulted in high levels of sedimentation, exposed utilities, habitat loss and reduced water quality. Improvements included within the scope of the project include re- grading the stream bank, which do not alter the flood plain, riparian improvements, re- vegetation, access improvements including rock work, pathway improvements, and a ramp for accessibility, and turf and irrigation repair. The parking and park area may need to temporarily partially closed for the construction staging area for part or all of the 30 days required to complete the project between Sept 1 and Sept 30, 2010. A vicinity map (Attachment A), the proposed plans entitled Stephen's Park Bank Stabilization dated June 29, 2010 (Attachment B), and a letter from River Restorations dated July 12, 2010, (Attachment C) are attached for reference. III. BACKGROUND Stephens Park has high multiple recreation use including an off leash dog park, Frisbee golf, whitewater access, fishing, and picnic area. The Park is located on a floodplain terrace at the right of the channel. The right bank of the park has eroded approximately 100 feet in length. This erosion was likely initiated from excessive bank trampling coupled with loss of riparian vegetation at the creek access. There are few large trees and the bank does not have significant root mass on the floodplain bench in this area. Creek processes, especially during flooding in June, have exacerbated the erosion. In the spring of 2009, the Town of Vail environmental team was approached by several local anglers who were concerned with the impact of development, use, and road clearing operations on the health of Gore Creek and the ecosystem. Staff convened a small committee of concerned citizens, interviewed them, and walked the entire length of the Creek documenting risks, needs, and opportunities for improvement. With this information, staff submitted a grant to Colorado Water Conservation Board's (CWCB) Healthy Rivers Fund for $30,000 to address among other stormwater needs, for this project. The CWCB recognized the value of the stream bank stabilization opportunities at Stephens Park as well as the visibility and recognition for the Healthy Rivers Fund in Vail, and awarded the Town a $6,000 matching grant toward riparian improvements at this site. Town Public Works and Community Development have retained the services of River Restoration to conduct the site assessment and design alternatives. To date, the following tasks have been completed: • Task 1: Site Assessment and Survey were conducted on November 10, 2009, which included topographic and hydrographic survey of the channel and banks. These data were used to develop the AutoCad base map and the channel profile for the hydraulic model. • Task 2: Hydraulic Modeling was developed to analyze potential improvements within the floodway. • Task 3: Stakeholder Review the Department of Wildlife conducted a site visit to confirm the appropriateness of the project for fish habitat and the dates in which the project may be conducted (Sept 1 -Oct 1). AXS Vail was also consulted to advise on incorporating accessibility aspects into the project. • Task 3: Final Design and Cost Estimates have been prepared. (Attachment A) • Task 5: Army Corps of Engineers 33 CFR 325 general permit has been submitted for approval. In addition to habitat and stream bank restoration, recreational opportunities and an enhancement of a well utilized park, this project provides an excellent opportunity for demonstration of environmental stewardship in Vail. Vail will once again be hosting the Colorado Watershed Assembly's (CWA) Annual Watershed Conference at the Vail Cascade this October. In 2009, this 3 -day event brought over 500 people to Vail from all over the country. This year, due to participant feedback and the outstanding venue, the group is returning to Vail. Last year the Town hosted an environmental education tour to the Black Gore Creek Basin of Last Resort on Hwy I -70, and a tree planting event on the Vail Golf Course. This year, event organizers have requested that an expert from the Natural Resources Conservation Service (NRCS) provide a willow planting workshop at Stephens Park and allow volunteers to help with the re- vegetation effort as a part of the demonstration project. This is a great opportunity for Vail to provide visitors an environmental education opportunity, and showcase the Town's dedication to the environment and outstanding park environment, while reducing the costs of landscaping at the site. On July 21, 2010, the Design Review Board conceptually reviewed the Stephens Park stream bank restoration proposal. They were generally supportive of the restoration proposal, however, they suggested the Town look at reducing the extent of the proposed stairs and change the concrete ramp to stone with the goal to keep the stream bank as natural in appearance as was possible while accommodating the users. IV. APPLICABLE PLANNING DOCUMENTS Tile 14, Development Standards, Vail Town Code (in part) 14 -6 -6: FLOODPLAIN STANDARDS: All modifications, grading or installation of proposed improvements within the 100 -year floodplain shall be in accordance with section 12 -21 -11 of this code. The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum one inch equals twenty feet (1 " = 20') topographic two foot (2) contour map using the adopted town of Vail flood profiles (the federal emergency management agency flood insurance study). The topographic survey shall reveal the method for determining the starting point and the starting elevation for the floodplain delineation. A site specific study performed by a professional engineer per FEMA guidelines and approved by the town of Vail and FEMA may be required. Title 12, Zoning Regulations, Vail Town Code (in part) 12- 21 -11: FLOOD HAZARD ZONES: A. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: Protect human life and health; 3 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in a flood area; 8. Ensure that those who occupy the floodplain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. B. Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps and flood boundary- floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. C. Designation Of The Floodplain Administrator: The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. D. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 4 5. Review and verify that no new habitable structure is constructed within the flood hazard zone. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100 -year floodplain on all development applications that are adjacent to, or partially located within the 100 -year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the Colorado division of emergency management, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection 8 of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection F of this section. 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1) at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). E. Floodplain Permits: 1. Floodplain Use Permit: a. Purpose: The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the 100 -year floodplain; 1 (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (3) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection E3 of this section. (4) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.). (5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6) Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (7) Any additional information deemed necessary by the floodplain administrator. V. REVIEW CRITERIA As discussed earlier in this memorandum the applicant initially requested review of a flood plain modification under the provisions of Chapter 14 -6, Grading Standards, Vail Town Code. After submittal and notification of the request the applicant received confirmation from River Restoration in a letter dated July 12, 2010, that the "floodway and 100 year floodplain delineation lines are not appreciably moved' as a result of the proposed improvements. As found in Section 12- 21- 11(E)(1), Floodplain Permits, Vail Town Code, the administrator has the ability to administratively approve: Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain. As this proposal not only includes stream bank restoration, but additional built improvements, the applicant desired to provide a public process for the Planning and Environmental Commission and the public to provide the opportunity to comment on the project. While there are no specific criteria for review of a floodplain permit staff has include the criteria for the review of a floodplain modification request below: (1) The effects upon the efficiency or capacity of the floodway; The proposed improvements are designed to take a portion of the force of the water flow in this stretch and reduce the force of the water on the bank. The creation of the "eddy" will result in sand and sediment being deposited on the beach at the base of the proposed stairs. There will be no impact to the efficiency or capacity of the floodway. (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; The letter from River Restoration identifies that there are minimal increases in the backwater effect caused by the improvements, however, they backwater effect "remains below the interpolated values" and the increase in "water surface elevation is absorbed in the steep channelized section" of Gore Creek just upstream from the site. Staff does not belive there is any negative impact to personal property in the vicinity of the proposed improvements. (3) The effects upon the 100 -year flood profile and channel stability; The letter from River Restoration identifies that the "floodplain delineation lines are not appreciably moved" as a result of the proposed improvements. (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; The location of the proposed stream bank restoration is not in the vicinity of any tributaries, drainage ditches, or other drainage facilities and therefore Staff does not believe there are any negative effects on these elements. (5) The danger to life and property due to flooding or erosion damage; The letter from River Restoration identifies that the overall elevation will be higher in this location as a result of the proposed improvements the "flood waters will remain in the Effective floodway" and "not overtop the existing river banks ". Because of this finding staff does not believe there will be any danger to life and property caused by flooding or erosion damage. (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; The proposed improvements have all been designed in order to withstand the forces of the water in this section of Gore Creek. The goal is to install the materials in a manner which will withstand flood waters and the associated damage that could occur. (7) The danger that materials may be swept onto other lands to the injury of others; As stated above the materials are intended to be installed to withstand the forces of Gore Creek and resist being swept away from the point of installation. (8) The compatibility of the proposed use with existing and anticipated development; Stephens Park is a highly utilized park within the Town of Vail. The proposed improvements have been designed to be compatible with the desired intent the users of the park have exhibited and expressed, which is access to the Gore Creek. Staff believes the proposed improvements are compatible with the existing and anticipated development. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; The proposed improvements do not negatively affect the current level of access for emergency vehicles to the site. (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; The proposed improvements are intended to mitigate the erosion and degradation of the stream bank in this section of Gore Creek and eliminate the need for future governmental services and improvements in the future. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; The letter from river Restoration describes the proposed improvements as having no appreciable adverse impacts as the result of increased velocity or floodwater elevation at this site. Staff believes this application complies with this criterion. (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; The sole purpose of the proposed improvements is to protect the stream bank and restore vegetation along this stretch while providing access to the Gore Creek for the park users. Staff believes the application complies with this criterion. (13) The necessity to the facility of a waterfront location, where applicable; The proposed improvements are located in the location depicted as users of the park gain access to the Gore Creek at that location. The provision of steps and a ramp are necessary to be located in the proposed location to provide access to the Gore Creek for the park users. (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; This criterion is not applicable. (15) The relationship of the proposed use to the comprehensive plan for that area. As stated previously in this memorandum stream bank restoration is a recommendation of the adopted Environmental Sustainability Strategic Plan Goal 3. Staff believes the proposal complies with this criterion. VI. STAFF RECOMMENDATION The Community Development Department recommends approval, of a Floodplain Permit, pursuant to Chapter 14 -6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100 -year floodplain, to stabilize and re- vegetate a portion of the stream bank within Stephens Park, located at 2470 South Frontage Road West/unplatted (a complete location description is available at the Town of Vail Department of Community Development), and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this Floodpalin Permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the Floodplain Permit request pursuant to Chapter 14 -6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100 -year floodplain, to stabilize and re- vegetate a portion of the stream bank within Stephens Park, located at 2470 South Frontage Road West/unp/atted (a complete location description is available at the Town of Vail Department of Community Development), and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this Floodplain Permit request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section V of the Staffs July 26, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds: (1) That the proposed use or modification adequately addresses the findings in subsection E3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the proposed use or modification promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. ATTACHMENTS A. Vicinity Map B. Stephen's Park Bank Stabilization plans dated June 29, 2010 C. Letter from River Restorations dated July 12, 2010 Em y N Y L � �C a CL Cc O L LL ` W W y o C -+ O n N s s N U (B a h ''ice "� •'�; O �H U z I� � 4� 1 �z�� 0 c�;IAOD NDIGICI X�VNIM11'&J U NOliVZIT9ViG \ANV9 '�NVJ G,NgqlgiG cl, 2 Lot TVA JO NMOi z 77 ma r am r/ 0 0 u > N < � 2 lLJ LL- 0 R, g- Q U (S) D e v CC) FTI i7u 00 \V (D � \ A � F9 F-1 F-1 FT] G1 c> Z7 Z7 Z7 Z7� ZJ -- �y _ z o� o000 - m o000 1'11 c ; v 9 N . v � 7u A� ° z z z �o F� �y �v d d d d c c z ���_ ` v td �� c F-1 7U F 0 F_ d o F9 F9 z � cv 7u 0 \ — - -- �� ( 50 PE GPEEK — N_ _ .__.__.� -- _ ___ ____ _- -� --- ------ -------------- ------- — 3 g o o TOWN OF VAIL ^� ro 0 = np o �T fl? A I STEPHEN S PARK BANK STABILIZATION O z Nero 'w p PRELIMINARY DESIGN r — PROJECT LIMITS o 0 o ?58L - _ -- - . 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U aW W W dd F wam 'zmin w�i a 3 o a� IF S�o \ 111 111 111 1 H ai i¢7 "a IVER 0,; PO Box 02123. Glenwood Springs. Colorado 81602. (970) 947 -9568 Mr. Tom Kassmel Town of Vail 75 S. Frontage Road, Vail, CO 81657 (970) 479-2235 RE: Stephens Park Bank Stabilization, Floodplain Compliance Dear Tom, July 12, 2010 Proposed bank stabilization at Stephens Park includes in- channel modifications to hydraulics for concentrated access. This letter is to discuss how the proposed modifications comply with Town of Vail and Federal floodplain development guidelines. TOV: 12- 21 -10: DEVELOPMENT RESTRICTED: (E) The Administrator may require any applicant or person desiring to modify the floodplain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. (Ord. 16(1983) § 1: Ord. 12(1978) § 4) Existing Conditions A floodplain model in BEC -RAS format was obtained from Town of Vail. Three geometry profiles were developed; Duplicate Effective, Existing and Proposed Conditions. The Duplicate Effective is the imported geometry titled "Imported Geo0lmbjrevised "; which is the most current FEMA flood model for Gore Creek at the Stephens Park reach. The Existing Conditions model is the Duplicate Effective with the insertion of seven additional cross sections surveyed by RiverRestoration in the Fall of 2009. The Proposed Conditions model is the Existing Conditions model with cross sections modified to represent worst case scenario channel changes and analyze hydraulics of the proposed conditions. No hydrologic analysis was performed; flood flows were based on the Federal Insurance Study reported values. The 100year discharge is 2620cfs through the Project reach. This flow was likley exceeded on June 6, 2010 and water surface elevations crested 7854.5 feet elevation near river station 11 +00. Additional bank erosion occurred as a result of this event. The existing FEMA model does not specifically represent flood conditions at the project area. FEMA cross sections are located 150 feet upstream or 350 feet downstream of the 1 of 3 IVE R PO Box 02123.Glenwood Springs. Colorado 81602. (970) 947 -9568 proposed work. The discrepancy between the Duplicate Effective and Existing conditions model is the resolution of channel geometry of the reach. The geometry in the FEMA model is based from aerial and ground topography over long distances. The geometry in the Existing conditions model is based from site - specific channel geometry surveyed by RiverRestoration Fall 2009. The Existing conditions model shows greater detail of channel geometry and a more accurate representation of flood flow conveyance. The Existing conditions base flood elevations are predicted slightly lower than effective values interpolated between River Station (RS) 1298.6 and 643.1. The Proposed Conditions model increases the backwater effect over existing conditions but remains below the interpolated values of the effective model. All predicted water surface elevation changes are absorbed in the steep channelized section upstream of RS 1298.6. The Proposed Conditions do not adversely affect adjacent properties, or increase the quantity or velocity of flood waters appreciably over effective values published by FEMA. This is because of the steep banks and steep channel. Zone X, Floodplain and the Floodway are coincident here. Although Proposed base flood elevations are higher than Existing conditions, the flood waters will remain within the Effective floodway delineation and not overtop the existing river banks. The floodway and 100 year floodplain delineation lines are not appreciably moved. Table 1 compares the Effective base flood elevation with the Duplicate, Existing and Proposed condition hydraulic models. Please contact me with any questions or comments. Sincerely, JA4 n ( q I Jason Carey P.E. River Engineer j ason. carey�ic ,riverrestoration. org (970) 947 -9568 cc. Gregg Barrie, Kristen Bertuglia 2of3 IVER 0,; PO Box 02123. Glenwood Springs. Colorado 81602. (970) 947 -9568 Table 1 Base Flood Elevations for Stephens Park Reach (2620cfs) 07/12/10 Ri\,er Station Effecti\,e Duplicate Existing Change Alternati\,e 2 Change 2126.81 7877.7 7877.83 7877.83 0 7877.83 0 1832.98 7872.04 7872.04 0 7872.04 0 1314 7858.99 7858.99 0 1298.7 7859.1 7858.99 7858.81 -0.18 7858.8 -0.01 1251 7858.23 7856.97 -1.26 7856.98 0.01 1172.5 7856.99 7855.43 -1.56 7855.43 0 1140 7856.47 7854.64 -1.83 7854.79 0.15 1100 7855.83 7854.41 -1.42 7854.94 0.53 1043 7854.93 7853.99 -0.94 7854.13 0.14 800 7851.07 7851.21 0.14 7851.21 0 643.1 7848.58 7848.58 0 7848.58 0 576.1 7847.76 7847.76 0 7847.76 0 564.2 Stephens Park Bridge 0 564.1 7846.86 7846.86 0 7846.86 0 516.5 7845.23 7845.23 0 7845.23 0 74.1 7840 7838.17 7838.17 0 7838.17 0 1 7836.14 7836.14 0 7836.14 0 -1 Kinnickinnick Bridge 0 -30 7835.92 7835.92 0 7835.92 0 -84.8 7836.35 7836.35 0 7836.35 0 -247.3 7834.721 7834.721 0 7834.72 0 INTERPOLATED VALUES 3 of 3 Department of Community Development 75 South Frontage Road Vail, CO 81657 PH: 970 - 479 -2138 FAX: 970 - 479 -2452 www.vailgov.com July 9, 2010 Town of Vail Planning and Environmental Commission Ferruco Vail Ventures c/o Timber Resorts 201 Main Stree Carbondale, CO 81620 Adjacent Property Owners Re: Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 6, Village Inn Plaza, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to reduce the side setback and increase common floor area to facilitate an entry vestibule at the rear entrance, located at 16 Vail Road (Vail Plaza Hotel)/ Parts of Lots O and M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100032) Applicant: Ferruco Vail Ventures, represented by the Mauriello Planning group, LLC Planner: Warren Campbell Dear PEC members, Ferruco Vail Ventures, and adjacent property owners: The purpose of this letter is to inform you that Town of Vail Staff has approved a minor amendment to Special Development District No. 6, Village Inn Plaza for the Vail Plaza Hotel. The applicant is proposing to add an entry vestibule to the hotel lobby on the southeast corner of the Val Plaza Hotel. The entry vestibule measures 14 feet by 7 feet 4 inches for a total of approximately 102.7 square feet of building footprint. The entry vestibule is designed to provide a buffer between exterior air temperature and the interior lobby air temperature. Currently, the single door entry into the lobby is causing the air handling mechanical system to have to react to air which has not been temper or restricted from freely flowing into the lobby. The vestibule has been designed to be the minimal dimensions possible in order to comply with all ADA accessibility requirements, resulting in 84.5 square feet of common area floor space. The vestibule does not constitute additional site coverage as it is located over existing floor plates bellow grade. Staff finds that approval of this minor amendment request meets the criteria in Section 12 -9A -8, Vail Town Code. The amendment does not alter the basic intent and character of Special Development District No. 6, Village Inn Plaza. The proposal calls for no increase in site coverage but is a decrease in setback, but will not alter the character or basic intent of the SDD. The setback reduction will occur for a single story at grade. The amendment will continue to be compatible with the neighborhood and other uses. Staff found that the vestibule will have no effect on the parking requirements of the project. There is no impact to any landscaping or natural features. Traffic associated with the project will not be impacted. There is no change in the total number of condominiums, no addition in the amount of allowable gross residential floor area, and all exterior changes associated with this proposal shall receive Design Review Board review and approval and subsequent Building Permit review and approval for compliance with all standards and requirements. Based upon review of the criteria and findings in Article 12 -9A, Special Development District, Vail Town Code, staff finds the above - referenced amendment to Special Development District No. 6, Vail Village Inn, is approved in accordance with the procedures as identified in Section 12- 9A -10, Amendment Procedures, Vail Town Code. Staff's approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission on Monday, July 26, 2010, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this staff decision for additional review at this hearing. Pursuant to Section 12- 9A -10, Vail Town Code, appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12 -3 -3, Appeals, Vail Town Code. Should you have any questions, please do not hesitate to contact me at 970 -479 -2148. Sincerely, Warren Campbell, Al P, LEED AP Chief of Planning Attachment: Approved site plan A3.1 dated 5/18/10 0 � °' n o W _ ■ CY) ° o ii tiv o NOlIIGGV 31nsl -L 3A )JV3"d Q o x , lo t U - z Y� ° w \ „5 W „o-,E 1 X J �4 0 m + n- LM Z� W �\ I _ LU t \ 3A08V SMOONIM m �O 01J�'NE)I'IV _ w I O ❑ ❑ J 3m J O a. o I u� J z o �� 0 z o W�z zm� n o� xS I z ww z> PLANNING AND ENVIRONMENTAL COMMISSION July 12, 2010 1:OOpm T�N�V OVAIL TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Sarah Paladino Michael Kurz Bill Pierce Henry Pratt departed after recusing from item 1 Tyler Schneidman David Viele Site Visits: No site visits 45 minutes A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH) District, and setting forth details in regard thereto. (PEC100011) Applicant: Chris Galvin, represented by K.H. Webb Architects /Mauriello Planning Group Planner: Bill Gibson ACTION: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -1 (Pratt recused) Commissioner Pratt stated that he needed to recuse from this item. Bill Gibson gave a presentation per the staff memorandum. He explained that the purpose of the hearing today was work session to discuss several zoning standards. Dominic Mauriello, Mauriello Planning Group, representing the applicant, gave a power point presentation highlighting the history of the properties and proposed zone district language. He discussed the land uses that would be included in the district, minimum lot area size, setbacks, height, density, site coverage, landscape area, and parking. He concluded his presentation by highlighting proposed changes to the Vail Village Master Plan which would accompany the proposed new zone district. John Dunn, attorney, representing Dolph Bridgewater, owner of a Vail Row House, questioned when the applicant intended to apply for a rezoning of the Vail Row House, Vail Trails East and West, and the Texas Townhomes properties. He echoed Staff concerns regarding the proposal to create development standard requirements not just quantified by a number, but also based upon existing non - conforming conditions. He recommended that any criteria allowing deviations to the required development standards in the new townhouse district should consider impacts to neighbors. Commissioner Pierce led discussion on the questions presented by staff in the memorandum. The Commission expressed support for the land uses in the proposed zone district. A question was asked of Bill Gibson to further clarify the differentiation between buildable lot area and the entirety of the lot area in terms of determining density and GRFA. Bill Gibson explained the difference and the reasons for the two different calculations. Page 1 Dominic Mauriello stated his understanding as to why buildable lot area was put into the regulations. He felt that it has value when regulating larger lots with hazard areas that should not be counted toward development potential. Commissioner Cartin questioned if either lot calculation allowed construction in the floodplain. Bill Gibson clarified that regardless of property included in the flood plain being counted towards development potential, that no development would be permitted within the flood plain. Commissioner Pierce recommended that a minimum lot frontage requirement be included in the proposed district. Dominic Mauriello noted that the narrowest existing lot has 19 feet of street frontage The Commissioners expressed concern over the setback standards as proposed and the lack of public notification associated with allow deviations without a formal variance request. It was agreed that the variance process should be utilized for setback changes in order to provide public notification. Commissioner Pierce suggested that moving forward units should not be allowed to be further subdivided. Dominic Mauriello stated that parking would be a limiting factor on density on a lot. Commissioner Pierce asked Dominic Mauriello to going through the GRFA proposal Commissioner Cartin inquired as to have GRFA is applied differently between town homes and condominiums when a lot is individually held or jointly held. Commissioner Pierce identified a difference between Vail Trails and the Vail Rowhomes. He is concerned with allowing the buildings to get larger than they currently exist. Discussion between the Commission and Dominic Mauriello occurred around the proposed GRFA and the inequities that exist currently with regard to 250s and interior conversions and whether or not an owner used their 250s prior to 2004 when GRFA was amended. Commissioner Kurz noted the positive effects of the proposed zone district include an incentive for redevelopment, the upgrading of existing properties, and equity in development rights. Commissioner Viele also identified that the goals of the proposed zone district should be to create an incentive for redevelopment and to create equity in development rights. He expressed his concern that the existing rules penalize those owners who maintained the status quo and did not already expand their units. He would like to see amendments that are fair and easy to regulate. He has not decided if a 1.5 GRFA ratio is appropriate, but it would end the current piece -meal approach of approving additions with variances, 250 Additions, etc. He noted that the proposed initial building eave height limits would help control the appearance of bulk and mass. Dominic Mauriello led a discussion about parking. He noted that a comprehensive redevelopment on any of the discussed properties was unlikely given the ownership patterns. Commissioner Pierce inquired as to any garage credits that this projects would be eligible for during redevelopment. Page 2 Commissioner Cartin noted concerns about allowing street level garages since they would create continuous paving from the street to the edge of the building. He believes this would create an undesirable urban appearance that is counter to the desired pedestrian appearance of the village. Dominic Mauriello noted that the garage GRFA credit could be eliminate for this district to prevent street level garages. Commissioner Kurz recommended decorative paving patterns and the removal of bollards to improve the appearance of existing parking. The Commissioners did not support allowing the street level of existing townhouses to be converted to garages. 5 minutes 2. A request for a work session on a major exterior alteration, 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 rig ht-of-way/U n platted (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: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 3. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, 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 crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto. (PEC100018 /PEC100019) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 4. 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 rig ht-of-way/U n platted (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: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 Page 3 5 minutes 5. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, 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: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 6. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 7. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West /Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 8. 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: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 9. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7, 8, 9, 10, 12, 13 (Vail Rowhouses) /Lots 7, 8, 9, 10, 12, 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090037) Applicant: Christopher Galvin, represented by Mauriello Planning Group, LLC Page 4 Planner: Bill Gibson ACTION: Tabled to July 26, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 5 minutes 10. 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: Withdrawn 5 minutes 11. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to create Lot 10, Block 2, Vail Potato Patch, from Part of Lot 9, Block 2, Vail Potato Patch Subdivision (Red Sandstone Parking Lot), located at 715 North Frontage Road West/Lot 9, Block 2, Vail Potato Patch Subdivision, and setting forth details in regard thereto. (PEC100027) Applicant: Robert & Diane Lazier, represented by Jay Peterson Planner: Rachel Friede ACTION: Withdrawn 5 minutes 12. A request for a recommendation to the Vail Town Council, pursuant to 12 -3 -7, Amendment, Vail Town Code, for a zone district boundary amendment to rezone Lot 10, Block 2, Vail Potato Patch Subdivision, (formerly Part of Lot 9, Block 2, Vail Potato Patch Subdivision) from Medium Density Multiple Family (MDMF) District to the Housing (H) District, and setting forth details in regard thereto. (PEC100028) Applicant: Robert & Diane Lazier, represented by Jay Peterson Planner: Rachel Friede ACTION: Withdrawn 13. Approval of June 28, 2010 minutes MOTION: Kurz SECOND: Viele VOTE: 4 -0 -1 (Pierce recused) 14. Information Update The Commission inquired as to the Town Council discussion and denial of amendments to the 250 addition regulations. Bill Gibson gave a synopsis of the discussion and action. 15. Adjournment MOTION: Kurz SECOND: Viele VOTE: 5 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community 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 July 9, 2010, in the Vail Daily. Page 5