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
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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.
Miscellaneous:
The proposed Landscape area = 7,500 SF; Parking Spaces = 2 covered and 2 uncovered; the
Driveway area = 700 SF with more than 30% snow storage available (see site plan0>
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 26, 2010
SUBJECT: 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
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
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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
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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.
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