HomeMy WebLinkAbout2011-0214 PECPLANNING AND ENVIRONMENTAL COMMISSION
February 14, 2011
1:OOpm
TOWN O OFYAU�
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
1. Legal Training - Matt Mire 30 minutes
2. Water Quality Update — Eagle River Water Shed Council 20 minutes
20 minutes
3. A request for a variance from Section 12 -6E -6, Setbacks, Vail Town Code, pursuant to Chapter
12 -17, Variances, Vail Town Code, to allow for an addition within the side setback area, located
at 1350 Sandstone Drive, Unit 6 (Eiger Chalets) /Part of Lot G3, Lion's Ridge Filing 2, and setting
forth details in regard thereto. (PEC110010)
Applicant: Joel & Jane Gros, represented by Michael Hazard
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
30 minutes
4. A request for the review of a conditional use permit, pursuant to Section 12 -813-3, Conditional
Uses, Vail Town Code, to allow for public parks and active public outdoor recreation areas and
uses, excluding buildings and accessory buildings (permanent and temporary) and uses
customarily incidental and accessory to permitted or conditional outdoor recreational uses, and
necessary for the operation thereof, including restrooms, drinking fountains, bleachers,
concessions, storage buildings, and similar uses, to facilitate a community garden located at
2490 South Frontage Road/ Unplatted, and setting forth details in regard thereto. (PEC100043)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION:
MOTION: SECOND: VOTE:
60 minutes
5. A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26,
Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation
of development impacts, and setting forth details in regard thereto. (PEC100050)
Applicant: Town of Vail
Planner: George Ruther/ Rachel Dimond
ACTION:
MOTION: SECOND: VOTE:
5 minutes
6. 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 March 28, 2011
MOTION: SECOND: VOTE:
Page 1
5 minutes
7. A request for a recommendation to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code,
to amend Section 11 -7 -15, Public Parking and Loading Signs for Private Property, to allow signs
for public parking on private property, and setting forth details in regard thereto. (PEC100056)
Applicant: Solaris Property Owner, represented by Michael Suman
Planner: Bill Gibson
ACTION: Table to March 28, 2011
MOTION: SECOND: VOTE:
5 minutes
8. A request for review of a variance, pursuant to Chapter 14 -1 -5, Variances, Vail Town Code, from
Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of
solar panels within two feet of a roof ridge and eave and extending higher than the ridgeline,
located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and
setting forth details in regard thereto. (PEC100046)
Applicant: Laurent Meillon
Planner: Rachel Dimond
ACTION: Table to March 14, 2011
MOTION: SECOND: VOTE:
9. Approval of January 24, 2010
MOTION: SECOND: VOTE:
10. Information Update
11. 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 February 11, 2011, in the Vail Daily.
Page 2
MEMORANDUM
To: Planning and Environmental Commission
From: Community Development Department
Date: February 14, 2011
Subject: A work session updating the PEC on current efforts by a stakeholder
group and Town of Vail staff to prevent Gore Creek from being added to
the State of Colorado's 303(d) list of impaired waters.
Staff: Bill Carlson, Environmental Health Officer
SUMMARY
The Planning and Environmental Commission has requested periodic updates
regarding the health of Gore Creek and a summary of water quality efforts
supported by the Town of Vail.
The Colorado Water Quality Control Commission (WQCC) has recently adopted
a "Methodology to Determine Aquatic Life Use Attainment for Rivers and
Streams ". This assessment methodology measures the characteristics of the
aquatic macroinvertebrate community (creek bugs), which are reliable indicators
of overall stream health. Low bug scores indicate the presence of biological
"stressors" such as pollution and habitat degradation.
The Eagle River Water and Sanitation District's (ERWSD) ongoing nutrient study
has found that the 2008 and 2009 bug scores for Gore Creek though areas of
East Vail and Vail Village are below the aquatic life use attainment thresholds
adopted by the WQCC, raising the possibility that Gore Creek could be added to
the State's 303(d) list of impaired waters.
Contaminants that could be impacting aquatic life in Gore Creek include,
sediment, fertilizers, pesticides and herbicides, animal waste, road grime (oils,
dirt, metals), and road salt. The sources of these pollutants potentially come
from all land uses in the Town of Vail, including: residential, commercial;
recreational; and transportation land uses.
In response to these facts, the ERWSD has formed a local stakeholders group,
calling itself the Urban Runoff Group that has been meeting since November
2010. Participants include: ERWSD, Eagle County, Town of Vail, Town of Avon,
the Eagle River Watershed Council, Vail Golf Course, and Vail Resorts.
II. STRATEGY TO KEEP GORE CREEK UNLISTED
If Gore Creek is placed on the 303(d) list, the state will impose a regulatory
process that will require determination of the cause of impairment and then
determine regulatory limits for the pollutants causing the aquatic life impairment.
Gore Creek will not be removed from the list until the bug scores indicate that the
populations have reliably met "attainment ", i.e., are no longer "impaired ".
Achieving removal from the 303(d) list could take many years, even decades.
1
The Urban Runoff Group is proposing to create a "Water Quality Improvement
Plan" to be presented to the state in September 2011, requesting that the state
not place Gore Creek on the 303(d) list. The rationale for the request is that the
state's regulatory process would be redundant, costly, and unnecessary because
a group of local stakeholders already has a plan in place to bring the creek back
to "attainment ".
To date, the group has raised $54,000 ( ERWSD, TOV, Eagle County) to conduct
stormwater sampling and create a Water Quality Improvement Plan. The group
is currently planning and fund raising to complete these first two tasks in 2011,
the cost of which is estimated to be $100,000.
III. URBAN RUNOFF GROUP SNOWMELT RAIN EVENT SAMPLING /ANALYSIS
A spring 2011 Snowmelt and Rain Event Sampling and Analysis Plan will be
designed to better understand stormwater and nonpoint source pollutant
contributions that occur during rainfall and snowmelt run -off events at key
locations along Gore Creek and the Eagle River. This plan will be guided by the
ERWSD Aquatic Health and Nutrient Study with geographic focus on the
identification of pollutants and their sources in areas where water quality and
aquatic health problems have been identified. The plan will include a total of six
(6) sampling events at eight (8) sites and associated laboratory analyses. The
sampling analysis results will be helpful in pin pointing pollutants and assist in the
design of the Water Quality Improvement Plan.
The Urban Runoff Group will keep the PEC and Town Council appraised of:
• Snowmelt/Rain Event Sampling /Analysis results.
• A Water Quality Improvement Plan status update.
• Recommended Action Plan, Cost and Policy Recommendations.
• Periodic updates of the continuing water quality monitoring of Gore
Creek.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 14, 2011
SUBJECT: A request for a variance from Section 12 -6E -6, Setbacks, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition
within the side setback area, located at 1350 Sandstone Drive, Unit 6 (Eiger
Chalets) /Part of Lot G3, Lion's Ridge Filing 2, and setting forth details in regard
thereto. (PEC110010)
Applicant: Joel & Jane Gros, represented by Michael Hazard
Planner: Bill Gibson
I. SUMMARY
The applicants, Joel & Jane Gros, represented by Michael Hazard, are requesting a
setback variance to allow for an addition into the side setback area at Eiger Chalets, Unit
6. Based upon Staff's review of the criteria outlined in Section VII of this memorandum
and the evidence and testimony presented, the Community Development Department
recommends approval, with a condition, of this application, subject to the findings
noted in Section VIII of this memorandum. A vicinity map (Attachment A), photographs
(Attachment B) the applicants' request (Attachment C), and proposed architectural plans
(Attachment D) are attached for review.
II. DESCRIPTION OF REQUEST
The applicants, Joel & Jane Gros, represented by Michael Hazard, are requesting a side
setback variance to facilitate the construction of an addition to Eiger Chalets, Unit 6.
Eiger Chalets is a townhome development consisting of two buildings with 14 total
dwelling units. The existing Eiger Chalets are legally non - conforming in regard to
several development standards of the Residential Cluster District including density and
setbacks. Since Eiger Chalets is legally non - conforming in terms of density, the
applicants are utilizing the "250 Ordinance" additional GRFA (gross residential floor
area) provision of the Vail Town Code to facilitate this addition.
The subject property, Unit 6, is the northern end unit of the lower Eiger Chalet building.
Unit 6 is three stories in the front (east) with only two stories exposed above grade in the
rear (west). The applicant is proposing to extend the existing main (middle) level of Unit
6 by approximately two feet (2') across the rear of the unit. Since the existing rear
corner of Unit 6 is already located within the northern side setback area, approximately
18 square feet of the proposed 59 square foot addition will also be located within the
setback.
The proposed main level addition is located directly below an existing cantilevered
portion of the upper level. The proposed main level addition will encroach no further into
the northern side setback area than the existing cantilevered floor above.
III. BACKGROUND
The subject property is Unit 6 of the Eiger Chalets. These townhomes were originally
constructed in 1976 under Eagle County jurisdiction. The Eiger Chalets were annexed
into the Town of Vail in 1987 and subsequently zoned Residential Cluster District.
These townhomes are legally non - conforming in regard to several standards of the
Residential Cluster District including density and setbacks. Over the years there have
been several renovations and additions to individual units of the Eiger Chalets.
At some time in the past, the previous owner of the Unit 6 constructed a shed roofed
addition on the rear of the subject property without design review approval or building
permits. The applicants are deconstructing that illegal addition as part of this proposal.
In 2006, the Eiger Chalets obtained Town of Vail design review and building permit
approvals to renovate the exterior facade of every unit in the development. The
construction work on the front fagades has been completed on every unit except the
subject Unit 6. The addition associated with this variance request will be constructed in
conjunction with the front facade renovation of this unit.
IV. APPLICABLE PLANNING DOCUMENTS
Town of Vail Land Use Plan (in part)
CHAPTER II, LAND USE PLAN GOALS / POLICIES (in part)
1. General Growth /Development (in part)
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5. Residential (in part)
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part)
MDR Medium Density Residential: The medium density residential category
includes housing which would typically be designed as attached units with
common walls. Densities in this category would range from 3 to 14 dwelling units
per buildable acre. Additional types of uses in this category would include private
recreation facilities, private parking facilities and institutional / public uses such
as parks and open space, churches and fire stations.
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12 -6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part)
2
12 -6E -1: Purpose: The residential cluster district is intended to provide sites for
single - family, two - family, and multiple - family dwellings at a density not exceeding
six (6) dwelling units per acre, together with such public facilities as may
appropriately be located in the same zone district. The residential cluster district
is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with residential occupancy, and to maintain the
desirable residential qualities of the zone district by establishing appropriate site
development standards.
12 -6E -6: Setbacks: In the RC district, the minimum front setback shall be twenty
feet (20'), the minimum side setback shall be fifteen feet (15), and the minimum
rear setback shall be fifteen feet (15).
CHAPTER 12 -17: VARIANCES (in part)
12 -17 -1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to
lessen such practical difficulties and unnecessary physical hardships inconsistent
with the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or from
other physical limitations, street locations or conditions in the immediate vicinity.
Cost or inconvenience to the applicant of strict or literal compliance with a
regulation shall not be a reason for granting a variance.
V. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
1350 Sandstone Drive, Unit 6
Part of Lot G3, Lion's Ridge Filing 2
Residential Cluster District
Medium Density Residential
Multiple - Family Residential (townhomes)
Medium Severity Rock Fall
Development Standard Allowed Existing Proposed
Density (max GRFA) 250 Ordinance n/a 59 of 250 sq.ft.
Site Coverage (max) 13,091 sq.ft. 9,842 sq.ft. 9,853 sq.ft.
VI. SURROUNDING LAND USES AND ZONING
Current Land Use Zoning
North: Open Space Natural Area Preservation District
South: Multiple - Family Residential Residential Cluster District
East: Multiple - Family Residential Residential Cluster District
West: Multiple - Family Residential Residential Cluster District
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in 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 subject Unit 6 is the northern end unit of the lower Eiger Chalets building and
therefore adjoins only one other townhome unit. The proposed main level addition to the
rear of Unit 6 extends no further along the party wall with the adjoining unit than the
existing cantilevered floor above.
The rear and non - attached sides of Unit 6 currently encroach into the northern side
setback area adjacent to an undeveloped open space parcel owned by the Lions Ridge
Filing 4 homeowners association. Potential future uses and structures on this
neighboring open space parcel are limited by its zoning of Natural Area Preservation
District. The proposed main level addition to the rear of Unit 6 will be constructed no
closer to the northern property boundary than the existing cantilevered floor above.
Therefore, Staff believes this proposal will not negatively affect the other existing or
potential uses and structures in the vicinity in comparison to existing conditions.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
The Eiger Chalets were built under Eagle County jurisdiction and later annexed into the
Town of Vail with a more restrictive zoning placed on the property. The existing Eiger
Chalets are legally nonconforming in regard to several development standards of the
Residential Cluster District including density and setbacks. Unlike other units in this
development, the subject Unit 6 was originally constructed in a location that now
encroaches into the setback area of the Town's Residential Cluster District.
This proposed setback variance will allow the applicants the ability to expand the main
level of their unit in a similar manner to three other units in Eiger Chalets. The
applicants' proposed main level addition will encroach no further into the side setback
area than the existing cantilevered floor above.
Staff believes the proposed variance is consistent with the goals of the Town of Vail
Land Use Plan and purposes of the Residential Cluster District identified in section IV of
this memorandum.
Therefore, Staff believes the proposed relief from the setback regulations is necessary to
achieve compatibility and uniformity of treatment among sites in the vicinity and to attain
the objectives of this title without a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The proposed variance will facilitate an addition in the side setback area that will not
alter population; will not increase the required number of parking spaces; will not affect
any existing transportation or traffic facilities, public facilities, or utilities; and will not
4
affect public safety in comparison to existing conditions. Therefore, Staff believes the
proposed variance conforms with this criterion.
VIII
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
STAFF RECOMMENDATION
The Community Development Department recommends approval, with a condition, of
a variance from Section 12 -6E -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17,
Variances, Vail Town Code, to allow for an addition within the side setback area, located
at 1350 Sandstone Drive, Unit 6 (Eiger Chalets) /Part of Lot G3, Lion's Ridge Filing 2,
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 the applicants' request
for a variance from Section 12 -6E -6, Setbacks, Vail Town Code, pursuant to
Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the
side setback area, located at 1350 Sandstone Drive, Unit 6 (Eiger Chalets) /Part
of Lot G3, Lion's Ridge Filing 2, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission applies
the following condition:
"1. Approval of this variance is contingent upon the applicants obtaining Town of
Vail design review approval for this proposal."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
'Based upon a review of Section VII of the February 14, 2011 staff memorandum
to the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the
Residential Cluster 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 Residential Cluster 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 Residential Cluster District."
IX. ATTACHMENTS
A. Vicinity Map
B. Photographs
C. Applicants' Request
D. Architectural Plans
31
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Variance Request - Setbacks
Part of Lot G3, Lionsridge Filing 2
(1350 Sandstone Drive, Unit 6 - Eiger Chalets)
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0 50 100 200 L.A Modified February 8, 2011 mmv.
ATTACHMENT B
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January 17. 2011
Planning & Environmental Comnns ion
The Town of Vail
Community Development Department
75 South Frontage Rd.
vail, Colorado 81657
Re.: Application for February loth PEC SessionNariance Request
1370 Sandstone Rd.: Unit 6
Eiger Chalet; Phase I: Parcel 6
Tail, CO 8165 7
Dear Commissioners,
MICHAEL
HAZARD
AssocIATEs
ARCHITECTURE
PLANNING
IN fERIOR5
M -- clients are wishing to construct several interior and exterior renovation.'
to their town home, referenced above. Exterior proposed renovations
include the addition of a deck to the north. new windows, and doors to both
the north and west elevations and an expansion of the main level, to the
west, which would align with the fare of the upper level bedrooms, above.
Built in 1977, the existing building footprint encroaches into the setbacks.
They are requesting a variance to allow them to proceed with the main level
floor expansion to the west as described above and illustrated in the attached
drawings.
This expansion will not encroach any further than the current incursion
and therefore conform to the existing town homes in the area.
• This project should relate well to adjacent properties and conform to the
development objectives of The Town.
• The proposed project shall have no detrimental affects on light and air,
distribution of population, transportation and traffic facilities, public
facilities and utilities and public safety.
• The proposed project shall have no detrimental affects on traffic. etc.
■ The proposed project shall have no detrimental affects upon the character
of the area.
Regarding the application for a variance to allow for the proposed expansion
of the main level floor to align with the floor above: P-0 Box 1068
• The subject variance would allow for a main level floor expansion in a VA4 COLORAU0
series of identical town home residences. a1658
970.949 4958 P
97 0.376 0066 C
0.4E-1AOaAiL NPr
Planning & Environmental Commission
.lanuary 17. 2011
Page 2
The subject property is located on the end of a row of town home and the
only unit that encroaches into the building setbacks. Relief, by way of a
variance, from the strict and literal interpretation of the setback restrictions
would allow my client the ability to enlarge: his home within the 250 SF
Ordinance in a manner similar to the rights his neighbors may exercise as
their properties do not lie within the subject setbacks.
Granting of the requested variance will have no detrimental affect on light
and air, distribution of population, transportation and traffic facilities, pub-
lic facilities and utilities and public safety,
Thank you for your consideration of this application.
Michael A. Haxacd AI 1
MICHAEL
HAZARD
ASSOCIATES
ARCHITECTURE
PLANNING
INTERIORS
Principal
Michael Ha rd Associates
11. ALL DISSIMILAR. METALS SHALL BE EFFECTIVELY ISOLATED FROM EACH
ACTIONS,
12. ALL EXTERIOR FERROUS METAL NORK LOCATED ON EXTERIOR OR IN NOr
SPACES SMALL BE HOT- DIPPED GALVANIZED (EXCEPT FOR ORNAMENTAL
13. THE ENGINEER'S SELECTION OF MATERIALS AND DETAILS DOES NOT REL
VERIFYING NITH THE MATERIAL SUPPLIERS THAT THE PROPOSED MATER
PROPER FOR THE INTENDED APPLICATION AND USE.
Iff
14. ALL MATERIALS AND EQUIPMENT THAT 15 INCORPORATED INTO THE NORI
BEST QUALITY SPECIFIED, ALL NORK PERFORMED SHALL BE DONE IN A
BY PERSONS SKILLED IN T14E TYPE OF NORK TO BE PERFORMED, AND It
APPLICABLE CODES, ORDINANCES AND /OR STANDARDS AGENCIES (E.G. A
15. AT ALL TIMES, THE PREMISES SHALL BE KEPT CLEAN FROM THE ACCUM
MATERIALS AND DEBRIS, AND UPON COMPLETION OF THE NORK SHALL R
MATERIALS AND RUBBISH, AND LEAVE THE WORK IN A BROOM CLEAN CC
CIRCUMSTANCES IS FOOD TO BE LEFT OUT IN THE OPEN UNLESS IT 15 P
AND STORED IN A SUITABLE CONTAINER. UNFINISHED FOOD SHALL BE T
CONTAINER NITH A TIGHT FITTING COVER AND REMOVED FROM THE SITE
1, ALL EXISTING TOPOGRAPHY, UNDERGROUND UTILITIES, STRUCTURES, ANC
S14OWN ON THE DRAWINGS HAVE BEEN DRAWN FROM AVAILABLE RECORD
T LOCATIONS AND ELEVATIONS MUST BE CONSIDERED APPROXIMATE
OTHER HER FACILITIES, THE EXISTENCE OF NHICH MAY NOT BE PRESENTLY K
VERIFY ALL EXISTING STRUCTURES AND FACILITIES AND 15 TO NOTIFY T
DISCREPANCIES PRIOR TO STARTING THE WORK.
3. CONSTRUCTION OPERATIONS SHALL BE CONDUCTED IN SUCH A WAY AS T
MUD OR SOIL ONTO PUBLIC THOROUGHFARES. AT THE END OF EACH DAY
CLEAN UP ALL MUD OR SOIL NHICH HAS BEEN TRACKED ONTO PUBLIC 51
4 THE CONTRACTOR SHALL FIELD CHECK ALL DIMENSIONS AND ELEVATIONS
AND ELEVATION OF EXISTING UTILITY LINES AND STRUCTURES TO BE COI
DISCREPANCIES SHALL BE REPORTED TO THE ARCHITECT IMMEDIATELY.
5, ALL SEDIMENT SHALL BE PREVENTED FROM ENTERING ANY EXISTING STO
CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR REMOVING SEDIMENT
Am i € FIAli Y ( - r i €r ) G'i"nrm 0101=a non ihl A/ c rci is s i try
m
14. ALL MATERIALS AND EQUIPMENT THAT 15 INCORPORATED INTO THE NORI
BEST QUALITY SPECIFIED, ALL NORK PERFORMED SHALL BE DONE IN A
BY PERSONS SKILLED IN T14E TYPE OF NORK TO BE PERFORMED, AND It
APPLICABLE CODES, ORDINANCES AND /OR STANDARDS AGENCIES (E.G. A
15. AT ALL TIMES, THE PREMISES SHALL BE KEPT CLEAN FROM THE ACCUM
MATERIALS AND DEBRIS, AND UPON COMPLETION OF THE NORK SHALL R
MATERIALS AND RUBBISH, AND LEAVE THE WORK IN A BROOM CLEAN CC
CIRCUMSTANCES IS FOOD TO BE LEFT OUT IN THE OPEN UNLESS IT 15 P
AND STORED IN A SUITABLE CONTAINER. UNFINISHED FOOD SHALL BE T
CONTAINER NITH A TIGHT FITTING COVER AND REMOVED FROM THE SITE
1, ALL EXISTING TOPOGRAPHY, UNDERGROUND UTILITIES, STRUCTURES, ANC
S14OWN ON THE DRAWINGS HAVE BEEN DRAWN FROM AVAILABLE RECORD
T LOCATIONS AND ELEVATIONS MUST BE CONSIDERED APPROXIMATE
OTHER HER FACILITIES, THE EXISTENCE OF NHICH MAY NOT BE PRESENTLY K
VERIFY ALL EXISTING STRUCTURES AND FACILITIES AND 15 TO NOTIFY T
DISCREPANCIES PRIOR TO STARTING THE WORK.
3. CONSTRUCTION OPERATIONS SHALL BE CONDUCTED IN SUCH A WAY AS T
MUD OR SOIL ONTO PUBLIC THOROUGHFARES. AT THE END OF EACH DAY
CLEAN UP ALL MUD OR SOIL NHICH HAS BEEN TRACKED ONTO PUBLIC 51
4 THE CONTRACTOR SHALL FIELD CHECK ALL DIMENSIONS AND ELEVATIONS
AND ELEVATION OF EXISTING UTILITY LINES AND STRUCTURES TO BE COI
DISCREPANCIES SHALL BE REPORTED TO THE ARCHITECT IMMEDIATELY.
5, ALL SEDIMENT SHALL BE PREVENTED FROM ENTERING ANY EXISTING STO
CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR REMOVING SEDIMENT
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 14, 2011
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12 -8B -3,
Conditional Uses, Vail Town Code, to allow for public parks and active public
outdoor recreation areas and uses, excluding buildings and accessory buildings
(permanent and temporary) and uses customarily incidental and accessory to
permitted or conditional outdoor recreational uses, and necessary for the
operation thereof, including restrooms, drinking fountains, bleachers,
concessions, storage buildings, and similar uses, to facilitate a community
garden located at 2490 South Frontage Road/ Unplatted, and setting forth details
in regard thereto. (PEC110013)
Applicant: Town of Vail
Planner: Rachel Dimond / Kristen Bertuglia
SUMMARY
The applicant, the Town of Vail, is requesting a determination on two conditional use
permits for public parks and active public outdoor recreation areas and uses, excluding
buildings and accessory buildings (permanent and temporary) and uses customarily
incidental and accessory to permitted or conditional outdoor recreational uses, and
necessary for the operation thereof, including restrooms, drinking fountains, bleachers,
concessions, storage buildings, and similar uses, to facilitate a community garden
located at 2490 South Frontage Road.
Staff recommends the Planning and Environmental Commission approves, with
conditions, the conditional use permits. Attached are the following for reference and
review: a vicinity map (Attachment A), site plan (Attachment B), phasing plan
(Attachment C), the draft management documents for the Community Garden
Committee (Attachment D), and letters of support (Attachment E).
II. DESCRIPTION OF REQUEST
The Town of Vail is requesting two conditional use permits to facilitate the West Vail
Community Garden on the portion of Stephen's Park west of the Kinnikinnick Road
bridge.
The first conditional use permit is required for the community garden, which falls under
the land use of "public parks and active public outdoor recreation areas and uses,
excluding buildings and accessory buildings (permanent and temporary)."
The second conditional use permit is required for the storage shed, which is considered
"uses customarily incidental and accessory to permitted or conditional outdoor
recreational uses, and necessary for the operation thereof, including restrooms, drinking
fountains, bleachers, concessions, storage buildings, and similar uses."
The request for the West Vail Community Garden includes the following components:
• Three circular garden areas, each containing eight plots of approximately 70
square feet for growing plants, with a water spigot in the center of each area
• Three additional triangular future garden areas
• Fruit bearing trees and shrubs along the perimeter of the garden
• 5 parking spaces with an improved surface of crushed asphalt millings
• Gathering space for up to five picnic tables and benches
• Compost bins with wildlife proof latches
• Storage Shed, approximately 100 square feet and 10 feet tall, to store garden
equipment
• Management by the West Vail Community Garden Committee, a group of
citizens who have been pursuing this project with the Town of Vail
The management of the community garden and requirements of members is
summarized as follows, and detailed in the West Vail Community Garden Committee's
draft management documents (see Attachment C):
• Priority is given to members who work or live in Vail
• Garden beds are for personal use only
• Plots will be allocated in full and half plot sizes
• Operations will occur daily from 7am -7pm from May through October
• Abandoned plots will be reassigned and /or reclaimed by the garden committee
• Members will be required to remove weeds and trash from the site
• Only organic fertilizers, insecticides and weed repellents are permitted.
• Members are responsible for controlling any pets on site.
Should the CUPs be permitted, the West Vail Community Garden Committee has the
following timeline for next steps:
• February 2011 - May 2011: Complete bylaws and membership guidelines, hold
meetings to share information and network, tour local gardens, meet
with local gardeners, and provide educational opportunities.
• May 1, 2011 - Deadline for all 2011 member applications
• Mid /Late May 2011 - Work day to build plots and set up the site (weather
dependent)
• October 31, 2011 - All plots must be cleaned up and winterized
BACKGROUND
On May 8, 2000, the Town of Vail made a similar request to the PEC for a community
garden in the same subject location. The PEC voiced concern that the site could be
used for other land uses, including a cemetery or basketball court. Commissioners also
voiced concern about the use of non - organic chemic Not To Scale ie item was tabled
and never returned to the PEC for review.
Town Staff published a request for interested parties in the Vail Daily and received over
30 responses from citizens who support the project. Of this group, the West Vail
Community Garden Committee (Committee) was formed and now includes
2
approximately 10 members.
The Committee is confident that there is vested interest and adequate physical (land,
water, soil, sun, etc.) and human (experienced gardeners, group organizers, non - profit
developers) resources for the project that will result in a successful garden fulfilling the
Committee's goals and mission. The Town's environmental sustainability coordinator will
assist with facilitating the process, education, and logistics surrounding the garden.
The Committee adopted the following goals and mission:
• Development of a sense of place and community with other year -round residents
• Cultivation of a local, healthy food source
• Potential for community education and school partnerships
On November 22, 2010, the Committee requested permission to proceed through the
development review process from the Vail Town Council. The Vail Town Council
unanimously approved permission to proceed and granted in kind services such as
labor, water service hookup, and driveway construction.
IV. APPLICABLE DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code
Chapter 12 -1: Title, Purpose, Applicability (in part)
12 -1 -2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance
its natural environment and its established character as a resort and residential
community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Chapter 12 -2 -2: Definitions of Words and Terms (in part)
OUTDOOR RECREATION AREAS, ACTIVE: Outdoor recreational activities which
involve organized or structured recreation that is associated with recreational facilities,
excluding buildings. For example, active outdoor recreation would include, but not be
limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor
swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc.
ARTICLE 12 -8B. OUTDOOR RECREATION (OR) DISTRICT (in part)
12 -8B -1: PURPOSE: The outdoor recreation district is intended to preserve
undeveloped or open space lands from intensive development while permitting outdoor
recreational activities that provide opportunities for active and passive recreation areas,
facilities and uses.
12 -8B -3: CONDITIONAL USES: The following conditional uses shall be permitted,
subject to issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Accessory buildings (permanent and temporary) and uses customarily incidental
and accessory to permitted or conditional outdoor recreational uses, and
necessary for the operation thereof, including restrooms, drinking fountains,
bleachers, concessions, storage buildings, and similar uses.
Cemeteries.
Communications antennas and appurtenant equipment.
Equestrian trails, used only to access national forest system lands.
Public parks and active public outdoor recreation areas and uses, excluding
buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
12 -8B -5: LOT AREA AND SITE DIMENSIONS: Not applicable in the OR district
12 -8B -6: SETBACKS: In the OR district, the minimum setback shall be twenty feet (20)
from all property lines, except as may be further restricted by the planning and
environmental commission in conjunction with the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title.
12 -8B -7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not
exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed
twenty four feet (24).
12 -8B -8: DENSITY. Not applicable in the OR district
4
12 -8B -9: SITE COVERAGE: Site coverage shall not exceed five percent (5%) of the
total site area.
12- 8B -10: LANDSCAPING AND SITE DEVELOPMENT: Landscape requirements shall
be determined by the design review board in accordance with chapter 11 of this title.
12- 8B -11: PARKING: Off street parking shall be provided in accordance with chapter 10
of this title
12- 8B -12: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development standards and the development of
land in the outdoor recreation district are found in chapter 14 of this title.
Chapter 12 -16: Conditional Uses Permits (in part)
Section 12 -16 -1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
V. REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following criteria.
1. Relationship and impact of the use on the development objectives of the Town.
The proposed conditional use permits to facilitate a community garden will provide a
recreational amenity for residents that will also provide a local food source. This is in
line with the Vail Land Use Plan Goal 1.1, which states that "Vail should continue to grow
in a controlled environment, maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanent resident." Further, the
renovation of this site, which has recently been used as a temporary construction
materials storage area, will further the Vail Land Use Plan Goal 1.2, which states that the
"quality of the environment including air, water and other natural resources should be
protected as the Town grows."
This site was identified as a potential cemetery site by the Vail Land Use Plan, but the
Vail Cemetery has since been located east of the golf course. The Vail Land Use Plan
does note that recreational amenities may be located on this site should a cemetery not
be implemented.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
The community garden will provide a public recreational facility that is in high demand in
this community. The community garden and shed will not have any effect on light and
air, distribution of population, or schools. The public transportation system may
experience increased demand during summer months to this location, as there is a bus
stop 200 feet down the street.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
At its peak, the community garden will have 24 plots and five parking spaces. Staff
believes that users will have varying schedules, dispersing vehicular traffic throughout
the day. The provision of a storage shed will likely reduce automotive congestion, as
users will be more likely to take public transportation if they do not have to haul materials
each visit. The bus stop is approximately 200 feet away, with limited vehicular traffic to
impede pedestrian safety. The parking area will improve maneuverability and will also
provide an improved location for snow storage during the winter when the garden is not
in use.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Currently, the subject property remains vacant but has in the past been used as material
storage area for construction occurring in the vicinity. The provision of a community
garden will improve the site from its existing conditions. The shed will be the only
perceived bulk beyond a park and recreational use, and these provide relief from the
bulk and mass of the townhouses across Gore Creek. The proposed garden and shed
will be reduced in perceived scale by extensive tree and shrub planting.
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves, with conditions, the request for a conditional use permit. This
recommendation is based upon the review of the criteria described in Section VI of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve, with
conditions, the conditional use permit request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a
conditional use permit, pursuant to Section 12 -88 -3, Conditional Uses, Vail Town
Code, to allow for public parks and active public outdoor recreation areas and
uses, excluding buildings and accessory buildings (permanent and temporary)
and uses customarily incidental and accessory to permitted or conditional
outdoor recreational uses, and necessary for the operation thereof, including
31
restrooms, drinking fountains, bleachers, concessions, storage buildings, and
similar uses, to facilitate a community garden located at 2490 South Frontage
Road/ Unplatted, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Community Development
Department recommends the Commission includes the following conditions:
1. The West Vail Community Garden shall receive design review approval prior
to any construction.
2. The West Vail Community Garden shall only operate between 7am and 7pm
from April through October.
3. All occupants and members of the West Vail Community Garden shall comply
with the Town of Vail noise regulations.
4. Site lighting shall not be permitted at the West Vail Community Garden site.
5. The West Vail Community Garden shall be maintained and kept in an orderly
fashion or the required conditional use permits may be revoked.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of the Staff
memorandum to the Planning and Environmental Commission dated February
14, 2011, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed conditional use permits are in accordance with the purposes of
the Zoning Regulations and the Outdoor Recreation District; and
2. The on -site parking is adequate for the needs of the community garden; and
3. The proposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity;
and
4. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code."
VIII. ATTACHMENTS
A. Vicinity Map
B. Site Plan
C. Phasing Plan
D. Draft Management Documents
E. Letters of Support
7
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WEST VAIL COMMUNITY GARDEN
DRAFT MANAGEMENT DOCUMENTS
The West Vail Community Garden will utilize the template provided by the American
Community Gardening Association for planning and executing a garden. Below are some
highlights of how the West Vail Garden will operate. The proposed site design is illustrated in
Figure 2, pg. 4.
• Priority is given to members who work or live in Vail
• Garden beds are for personal use only
• Plots will be assigned with a priority given to Vail residents on a first come, first served
basis. One can purchase as many plots as they can maintain until all spaces are
occupied. At that time, persons with multiple plots will be asked to scale back to allow
all interested parties at least one plot
• Full sized and half sized plots are available
• Plots will be built and allocated in numerical order as show in Figure 1 of these
documents
• Annual member dues will cost $25 for a full plot and $15 for a half plot (fees may be
waived in lieu of volunteer service for the garden) and be used for:
• Perimeter vegetation
• Garden hoses
• Locking compost bin materials
• Tools, trash, and supplies will not be stored on site. Gardeners will be expected to pack
out everything that they bring in.
• The Planning Committee will manage an e -mail address and Facebook page for spreading
information, and a bank account for dues.
Application Process
• Contact the Garden's e -mail address, or one of the Planning Committee members directly
• Complete the application providing information similar to below:
• Name
• Address
• Phone number
• E -mail address
• Number and size of plots requested
• Fee per plot
• Total fee paid
• Any expertise you are able to contribute to the group
• Availability for May work day to develop the site and Fall cleanup
• Agree to and sign the Guidelines and Rules which will include items similar to below:
• I will pay a fee of $ to help cover garden expenses
• I will have something planted in my garden by (date) and keep it planted all
summer long
• If I must abandon my plot for any reason, I will notify the garden leaders
o I will keep weeds down and maintain the areas immediately surrounding my plot
if any
o If my plot becomes unkempt, I understand that I will be given 1 week's notice to
clean it up. At that time, it may be re- assigned or tilled in.
o I will keep trash and litter cleaned from the plot, as well as from adjacent
pathways and fences
o I will participate in the fall cleanup of the garden
o I will pick only my own crops unless given permission by another plot user
o I will not use non - organic fertilizers, insecticides or weed repellents
o I agree to volunteer hours toward community gardening efforts
o I will be responsible for all pets and children that I bring to the garden
o I understand that neither the garden group nor owners of the land are responsible
for my actions.
o I will have my plot cleaned by (date)
o Growing or using illegal substances in the garden will lead to immediate
expulsion with no return of the plot fee.
I THEREFORE AGREE TO HOLD HARMLESS THE GARDEN GROUP AND
OWNERS OF THE LAND FOR ANY LIABILITY, DAMAGE, LOSS OR
CLAIM THAT OCCURS IN CONNNECTION WITH THE USE OF THE
GARDEN BY ME OR ANY OF MY GUESTS.
January 21, 2011
Rachel Friede, AICP, LEED AP
Planner II
Town of Vail
75 South Frontage Road
Vail Colorado 81657
Dear Rachel,
My wife, Jan, and I just moved to West Vail this past summer. We are lucky to have had the
opportunity to work with the volunteer team that is spearheading the development of a
community garden in West Vail. We are fully in support of the garden concept and have seen
other community gardens in other places we have lived, like Pittsburgh, offer benefits that are
both educational and constructive, not to mention environmentally attractive.
The proposed design of the community garden will fit in nicely on the vacant lot and
complement the surrounding alpine setting that defines our great community. Bringing
residents together to help grow sustainable crops is a very contemporary use of the property.
The proposed flowers and vegetables that will be grown on the site will beautify the
neighborhood and add to the attraction for all Vail residents and visitors who visit the adjacent
Stephens Park, which recently has been improved much to everyone's satisfaction.
I know many of our neighbors are in favor of the current design and hope that the planning
committee will recognize the value of bringing people together so that we can demonstrate
how a local garden can have a positive impact on health, the environment and on enhancing
the cooperative atmosphere that typifies living in Vail.
We appreciate the consideration of the committee and offer up our unanimous approval for
proceeding with the project as currently outlined.
Sincerely,
Douglas G. and Jan D. Smith
2782 Kinnikinnick Road, Unit C, West Vail, 970 - 476 -0515
I am writing to tell you how excited I am about the plan for a community garden in
Intermountain. I have lived in the neighborhood full time for 13 of the past 15 years and
have always wanted to pursue my interest in gardening. I am more than happy to help
with the work involved in making this happen. I will definitely be at the meeting on Feb.
14. Please let me know if I can help in any way.
Sincerely,
Linda DeLaria
2892E Kinnikinnick Rd.
ACGA
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4
AMERICAN
.........................
COMMUNITY
.......... I ..........................
GARDENING
.. .. .................
ASSOCIATION
1777 East Broad Street
Coiumbus, Ohio 43203
TKI 1.110AF, 877275.2242
January 31, 2011
Vail Planning and Environmental Commission
75 S. Frontage Rd.
Vail, CO 81657
Dear Planning and Environmental Commission Members:
On behalf of the Board of Directors of the American Community Gardening
Association (ACGA), its members, and staff, I would like to thank you for
considering the West Vail Community Garden. A community garden is an important
part of a community where people can interact and form connections that make
neighborhoods strong. If there is strong community support for a community garden,
there is hardly a better use of space. Many cities are now setting aside land, materials,
staff, and funding for community gardens, not only in response to difficult economic
times, but also because community gardens are valuable community assets.
Community gardens are well known for building community cohesion, reducing
crime, and increasing property values.
Community gardens provide both social and environmental benefits to their
neighborhoods. These benefi come in the form of beautifying neighborhoods and
increasing property values; stimulating social interaction; nutritious food and
reductions in family food budgets; increased urban food security; resource
conservation; and increased opportunities for recreation, exercise, and therapy. When
young people are involved, they are provided educational opportunities and they learn
to eat healthy foods. Community gardens are also some of the best places for
intercultural relationships to flourish.
Because more people are becoming aware of the nutritional value and taste of fresh
foods, many community gardens are also becoming economic forces in their towns.
They often provide fresh vegetables for farmers markets and local restaurants, not to
mention food pantries and homeless shelters. Your support of the West Vail
Community Garden not only contributes to a more secure national food table; it also
enriches your local food table.
ACGA is a bi- national, grassroots, nonprofit organization dedicated to helping
community gardeners design sustainable community gardens for community building,
neighborhood greening, and addressing hunger and food security. We are about to
celebrate our 30 anniversary as America's authority on community gardening.
Sincerely,
Bobby L. Wilson, President
www.communitygorden.org
Printed — 30% Posrcoa .— Recycled Pop—
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January 31, 2011
Planning and Environmental Commission
75 S. Frontage Road
Vail, CO 81657
Dear Planning and Environmental Commission Members:
I am pleased to write this letter of support for the West Vail Community Gardens.
The proposed gardens will provide a community space like no other in Vail. While they will serve as an
education setting, a gathering place and a new beautified location, they will establish a unique sense of
community. By learning and growing together, members of the gardens and of the public who may
participate are able to share a common goal and bond. Community gardens are not only a place to grow
vegetables, but a place to meet neighbors and to work together to build community.
As a resident of the Intermountain Neighborhood, I would enjoy seeing this empty lot be used as
community space. I support the goals of the West Vail Community Garden committee to create
community gardening space, educational opportunities and community enrichment. I believe that these
proposed gardens will preserve open space, provide a space for growing food, as well as building and
beautifying our community.
Sincerely,
Marian M. Cartin
To Whom It May Concern: Community Garden
As residents of Meadow Creek Condos we're very exited about the proposal to have
a community garden in our neighborhood. I think the garden would be a wonderful
addition! Not only would access to a community garden provide an opportunity to
grow our own healthy food, but an alternative outdoor activity we can do together.
This will also provide a productive educational, and social, opportunity for the
families of Vail.
Thank you, looking forward to it!
Barry and Pamela Davis
Fel'?rutiwy 6, 2 011
(De,ow Taw n1 of Vaib,
I a vt/ a.West va 11 ner. T'h,'k letter Ckt& let yow
k iow of my support for *w-1 C Garde w at
StephevL,kPark It Ck a woytde►^fuV ideal
a t& w 1� a great ad it wtvto-tiw.1 commaeiity.
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24 car N" lx L. A -)A- L -
VQ 1 L- , CO 61G5-7
Februa*y 6, 2011
Deow Tawn/of Vail,
I a*vv al Wast Vail/ new Thi* letter Ck t& letyow
k+iow of my support far thel Co-mmu*iity 45a*-devw at
Stephen* Paw in. welt Vail/ It Ck w vvoywletfui/ td ew
a+ , t& vv aV b& w great addi;runv t& theo commawaty.
77uwikyot,u,
FeUrucwy 6, 2011
Dear Taw n/ of V444
I a*w w West vaa homeow new Thi* letter Ito- let yaw
know of my support for dw, C Gardenk at
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anal will lv/ w great addirwt .ta-the, com*niuVty.
February 6, 2011
Dear rows. of Va ,4
I am a.WostVail r" &Ie t: T h k letter I to - let yaw
know of my support for thy. C Ocwdevw at
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a x& wab bee a/ great addawtv to-thw
I have "e& here for aver 17 years: I awv so very
egcire& aivut thbk opportwtity far Va%La nd/ for m&
p ersovwL lUy to -l�abl to-r- grow some foo&..
T1�uxn,�v yaw,
A ndii S
2437 C L aneyUnitA1
VcL&, CO 81657
970 476-2711
Fe wua.ry 6, 2011
Dear row w of Vaib,
I a wi. a We4t Vaa homeow ner. T'h 4 letter eta- let y ow
kyow of my support for th& C Garde at
Stephenw Pa */ f*v`W estVail It ilk a. wo-ndefU idea•
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A fter luvirq here for 2 9 years- 1 a*nv a 4ta rwl aboutth.vk
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comm"rat
Pam l,a/Sade+,
2092 ,Zermatt La n,e UnWA
Va. , CO 81657
970 4 76 -6088
Febru,cwy 6, 2011
Dear - roivytlof Vaib,
I am a, Tow Yt/ of Vaa homeow new. Th4k letter &k to- let
yow k*ww of my uApport for dw,, Commuwuty Oardenk
at Pa**• Let/ Welt Vail, Itflkawonderfubideas
a4 , t& will Lv,., a, great adAitU) t& dw., commufiity.
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FeUr ua# y 6, 201
Dear rown. of vaa ,,
I a m, a. W asttVa%L homeaw new T'h ie letter eta - l et
know of my supp for theme C Oarde*w at7
Stephen Pa rlv in/W stt Va V It i4- a. w idea.
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I aml very intere4ft& ir►.havinA,% al Lot there:
Tha�v�vyow,
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February 6, 2011
Dear row n.of Vail,
I a*w a. rown.o f va & re iAe,nt: 7hi* letter v*to- let yaw
kfum of way support for die, Conunu#i Cja xierw at
Stephen,s- L*v West Vai& It vy a. wo- nderfuL %d e,�v
a -i& wat, b& a. great auld i,ru"vto-dw.. '
lQt
Februa#y 6, 2011
Dear Tow m/ of Vail
I am a. - row vi/ of Vaal honw-ow new. Th4k letter ik t& let
yaw know of my support far theme C Qcwde*l*
at M4-alwanderfu&dea
a*uD w aV iv, a. great addA t& th& c;om*nu*iUy.
I a*m very into re4ft& t*v havtn� a, plot there:
Thavtk.
76. 01 b-I
FeUru # y 6, 2011
Dear rown.of Va,e,4
I a*m w row n/ of Va.4b homeow new. Th * letter vk to- let
yo-w kwww of my supp for the- CommuAity Q arde w
at Stephenw Park• iw West Vaal. It &k w w %dea.
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Rachel Friede Dimond
From:
SARA NEWSAM <snewsam691 @msn.com>
Sent:
Tuesday, February 08, 20119:20 PM
To:
Rachel Friede Dimond
Subject:
Vail Community Gardens
Dear Rachel:
As a resident of the Intermountain community I am in favor of the
community garden currently under consideration for the town owned property
at the corner of Kinnikinnick and south frontage road. I live in Meadow
Creek Condominiums at 2753 Kinnikinnick Road, Apt. B2, so I drive by this
site several times a day and think that organized gardens in this area
would be a definite benefit to the neighborhood.
Should you have any questions I can be reached at 970 - 476 -5686 during the
day or at 970 - 476 -5829 in the evenings.
Sincerely,
Sara Newsam
P. O. Box 753
Vail, CO 81658
1
February 7, 2011
Rachel Friede Dimond, AICP, LEED AP
Town of Vail Community Development Department
75 South Frontage Road West
Vail, CO 81657
Re: West Vail Community Garden
Dear Ms. Friede Dimond,
We would like to offer support of the proposed community garden in Intermountain on the
corner of Kinikinnick and the South Frontage Road. We live next to this site. It would be nice to
have the lot look nice as people enter the subdivision.
We have a few concerns about the garden after seeing the preliminary plans in an effort to be
sure everyone is good stewards of Town Resources. There are many raccoons that love fruit
trees and have nearly destroyed our two cherry trees. We net them to try to get fruit, but the
raccoons climb up into the branches and break them with their weight. It would be a shame to
lose those proposed trees, and not get any fruit at all. If they are crab apples, the bears will
love them, too, and that may be a potential problem. We have had many bears in
Intermountain, as you know. It actually might be better to have fewer fruit trees and more of a
less expensive tree ( (aspen ?) for shade. Is a fence around the garden proposed to keep deer,
bear, and other wildlife away from the plots?
If the garden does go in, we feel it should be designated a no -pet site and enforced. The
adjacent dog park is available to pet owners. Not only might dogs be a poor idea in a garden,
we do not want them coming over into our yard and have to clean up after them. We
wondered also if there would be access for disabled gardeners, which would be great.
It would be nice to see this site more attractive than a current empty lot or staging area. We do
want to be sure that there is a true interest in order to justify Town revenue. We are
supportive of the garden idea and initially proposed it years ago, along with Anne Fitz.
We will make every effort to attend the meeting to learn more about the possible plans, and
applaud the efforts in getting the garden in motion, or at least making that site more attractive.
Many thanks for your kind consideration.
Charmayne T. Bernhardt
Chas Bernhardt E ((� F l M F
2695 South Frontage road west D
Vail, Co. 81657 FEB 1 1 2011
TOWN OF VAIL/'� ,
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 14, 2011
SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for a prescribed regulations amendment to create
Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of
regulations and procedures for mitigation of development impacts, and setting forth
details in regard thereto. (PEC100050)
Applicant: Town of Vail
Planner: George Ruther/ Rachel Dimond
SUMMARY
The applicant, the Town of Vail, is requesting a work session on a text amendment to Title 12,
Zoning Regulations, Vail Town Code, to establish Chapter 12 -26, Exactions and Dedications.
The purpose of this new chapter is to provide the legal framework for administering the Town's
mitigation of development impacts requirements.
After the work session discussion of this item, the Community Development Department
recommends the Planning and Environmental Commission tables this item to the February
28, 2011 hearing. A draft copy of Ordinance No. 4, Series of 2011, is attached for review
(Attachment A).
II. DESCRIPTION OF REQUEST
The proposed amendments will establish a new chapter to Title 12, Zoning Regulations,
entitled " Chapter 12 -26, Exactions and Dedications
The purpose of this chapter is to:
• Clarify existing regulations and policies on exactions and dedications;
• Establish expectations regarding the need to mitigate development impacts at the
beginning of the development review process;
• Ensure a review process that is consistent, predictable and equitable;
• Clarify the review criteria and findings necessary for requiring exactions and
dedications;
• Establish the procedure for determining the impacts of a development that must be
mitigated, as quantified and applied to development projects through rational nexus
studies;
• Identify exactions and dedications that are necessary for achieving the development
objectives of the Town;
• Protect the health, safety and welfare and to ensure the orderly and viable growth of
the community;
• Provide a mechanism to ensure adequate public facilities, open space, recreational
opportunities and other amenities and facilities conducive to a desirable community;
1
Promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets; and
Conserve and maintain established community qualities and economic values.
The proposed Chapter 12 -26 includes the following components:
• Policy statements on the requirement of exactions or dedications;
• Definitions of terms applicable to the implementation of the new chapter;
• Outline of the legal authority for the requirement of dedications and exactions;
• Criteria for reviewing exactions and dedications, whether they are fees, dedication of land,
or provision of infrastructure or services;
• Findings to be made by the reviewing authority (Planning and Environmental Commission
or Town Council) when approving development applications; and
• A process for accepting dedications.
III. DISCUSSION ITEMS
What are the impacts of development to local governments?
Impacts of development vary widely among projects. Generally, development may affect
population concentration, traffic patterns, use of public facilities (e.g., schools, parks), need for
public services, utility use and infrastructure needs.
Why do local governments require the mitigation of development impacts?
• Providing all infrastructure, facilities and services that become necessary due to new
development may be cost prohibitive for a municipality, due to a variety of financial and
political factors.
• Anticipating new development by providing infrastructure can be a misuse of limited
resources.
• Special Development Districts limit the ability to foresee future development as each
project creates its own unique development standards.
• State and federal funding for infrastructure and capital projects has been limited by
budget cuts, placing more financial burden on local municipalities.
• Existing residents may not want to share costs for new development, and typically
oppose tax increase ballot initiatives to pay for infrastructure associated with such
development.
What is the legal framework that allows local governments to require the mitigiation of
development impacts?
Communities may require dedications and impose exactions on the granting of land -
use approvals, provided that there is an essential nexus between the exaction or
dedication and a legitimate local government interest, and provided that the dedication or
exaction is roughly proportional, both in nature and extent, to the impact of the proposed
use or development.
Case law and regulations that permit mitigation requirements include two historic land
use law cases, Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v.
City of Tigard, 512 U.S. 374 (1994), as well as Colorado Revised Statutes § 29 -20 -203:
Conditions on Land Use Approval, and related case law.
What types of mitigation may be required?
The following is a general list of exactions and dedications that may be required with the
approval of a development project:
• Parking (new spaces, parking structures, fee -in -lieu payments, etc.)
• Housing (new employee housing, deed restrictions on existing properties, etc.)
• Streets (new median, additional lanes, land dedication, streetscape improvements,
etc.)
• Transit (bus stop, private shuttle services, etc.)
• Fire (impact fees to pay for increased services and equipment, etc.)
• Recreation /Parks (impact fees to offset increased services, land dedication, new park,
public facilities, etc.)
• Public Art (on -site art installations, impact fees to pay for public programs, etc.)
• Police (impact fees to offset increased services, etc.)
• Schools (land dedication, fee -in -lieu payment, etc.)
How do local governments require the mitigation of development impacts?
The process of mitigating the impacts of development varies among different communities with
different development objectives and goals. On one end of the spectrum, communities may
pay for impacts of development through taxes and federal funding. On the other end,
developers may pay for all incremental impacts to the community. The policy decision on who
pays for impacts can affect future levels of service for infrastructure, facilities and services.
The chart below identifies the types of dedications and exactions that may be required by
municipalities near Vail:
Municipality
Parking
Housing
Streets
Transit
Fire
Parks/
Rec
Public
Art
Police
Schools
Within Eagle County:
Eagle County
x
x
x
x
x
x
Vail
x
x
x
x
x
x
x
x
Avon
x
x
x
x
x
x
Minturn
x
x
x
x
Eagle
x
x
x
x
x
x
Within Summit County:
Summit County
x
x
x
x
x
x
x
x
Frisco
x
x
x
x
Dillon
x
x
x
x
x
Silverthorne
x
x
x
x
x
x
x
Breckenridge
x
x
x
Other Resorts:
Aspen
x
x
x
x
x
Steamboat
Springs
x
x
x
x
x
Are dedications and exactions for the mitiaation of development impacts a tax?
No. A tax is monies required for real and personal property or an act, event or occurrence that
provides revenue in order to defray the general expenses of government as distinguished from
the expense of a specific function or service. Dedications and exactions are considered a type
of fee, not a tax. Unlike a tax, a fee is not designed to raise revenue to defray the general
expenses of government, but rather is a charge imposed upon persons or property for the
purpose of defraying the cost of a particular governmental service, in this case being
construction of infrastructure, facilities and services.
What is the existing Town fo Vail policy on mitigation of development impacts?
The existing policy is to require mitigation of development impacts when there is a rational
nexus between cause and effect, as required by state law. Development in Vail is required to
pay for the incremental impacts on the community.
How does the Town of Vail regulate the mitigation of development impacts?
• Yes, the Town of Vail requires varying levels of mitigation of development impacts,
depending upon the zoning of the development site.
• Currently, mitigation of development impacts is required in Public Accommodations 1,
Public Accommodations 2, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/
Recreation 2 and Special Development Districts.
• Mitigation may include deed restricted employee housing, roadway improvements,
pedestrian walkway improvements, streetscape improvements, stream tract/bank
restoration, loading /delivery, public art improvements, and similar improvements.
• Employee housing may be required, in accordance with commercial linkage and
inclusionary zoning standards, in the High Density Multiple - Family, Public Accommodation,
Public Accommodation 2, Commercial Core 1, Commercial Core 2, Commercial Core 3,
Commercial Service Center, Arterial Business, General Use, Heavy Service, Lionshead
Mixed Use 1, Lionshead Mixed Use 2, Ski Base /Recreation, Ski Base /Recreation 2,
Parking and Special Development Districts.
Which development projects in Vail are required to mitigate their impacts?
• Mitigation of development impacts may be required for "large scale
redevelopment /development projects which produce substantial off site impacts."
• Employee housing is required for any project in the applicable zone districts that has a net
increase in commercial or residential floor area.
Which development projects in Vail are not required to mitigate their impacts?
Single- family homes.
Projects in low density zone districts.
Projects that do not generate net new employees in commercial space.
Will the proposed amendments change the Town of Vail's development policies?
No. The proposed regulations will not change existing policy.
Will the proposed amendments change the Town of Vail's development review procedures?
Yes. The proposed regulations will change current procedural practice with the establishment
of criteria and findings when determining that mitigation of development impacts is required.
The changes to review procedures will clarify expectations that development pays for some
impacts to infrastructure, facilities and services and creates an equitable, predictable and
consistent process for determining an exaction or dedication. However, the outcome of
requirements will remain the same.
Will the proposed amendments change the Town of Vail's development impact standards?
No. Requirements for development to pay for impacts to infrastructure, facilities and services
will remain the same. The following chart details how the proposed regulations would affect
mitigation of development impacts for a project in Vail, using Strata as an example:
Exactions and Dedications
Existing Regulations
Proposed Regulations
Public Art
$70,000
$70,000
Transit
$273,000
$273,000
Employee housing
12,665 sq ft of EHUs
12,665 sq ft of EHUs
How are development affected by development impact mitigation requirements?
According to "Development Fees and Employment," a study conducted by the University of
Oklahoma and Florida State University, clear expectations of exactions and dedications allow
developers to anticipate costs. The expectation of exactions and dedications has also been
proven to expedite review of projects, as municipalities are less apprehensive to approve
development when its impacts are mitigated. While exactions and dedications increase the
cost of development, they provide certainty that is shown to increase likelihood of the
implementation of projects.
How is the Town of Vail affected by development impact mitigation requirements?
The same study referenced above notes that exactions and dedications lead to increased jobs
in a municipality due to new construction, new employment sectors and funding for schools,
parks, fire, and other services. Further, the mitigation of development impacts allows the
Town of Vail to defer costs of improving infrastructure, facilities and services to the developer
instead of the taxpayer. The Town of Vail also charges a construction use tax that provides
funding for capital projects. In 2011, the Town of Vail has over $3 million in maintenance costs
and $17 million in capital improvement needs. Funding sources include but are not limited to
construction use tax (estimated $500K), TIF funding from Lionshead ($8.5M), and traffic
impacts fees ($390K balance). However, this does not include an extensive list of unfunded
projects that were cut to balance the budget, including over $18 million in high priority projects.
The Town continues to pay for extensive capital improvements, with a small amount of funding
coming from development.
IV. STAFF RECOMMENDATION
After the work session discussion of this item, the Community Development Department
recommends that the Planning and Environmental Commission tables this item to the
February 28, 2011 hearing.
V. ATTACHMENTS
A. Draft Ordinance No. 4, Series of 2011
ATTACHMENT A
ORDINANCE NO. 4
SERIES 2011
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED
"EXACTIONS AND DEDICATIONS"
WHEREAS, to ensure the provision of adequate public services and facilities
within the Town, the Town Council wishes to condition land use approvals on certain
exaction and dedication requirements;
Section 1 . Title 12 of the Vail Town Code is hereby amended by the addition
of a new Chapter 26, which shall read as follows:
CHAPTER 26
EXACTIONS AND DEDICATIONS
12 -26 -1: PURPOSE:
A. It is the policy of the Town that exactions and dedications
shall be required in those instances where, the Town Council or Planning
and Environmental Commission determines that a proposed use or
development will:
1. Create the need for new infrastructure facilities or
services; or
2. Result in increased use of existing infrastructure
facilities or services, thereby requiring the expansion or eventual
replacement of such existing infrastructure facilities or services.
Ordinance No. 4, Series of 2011 1
B. The purpose of this Chapter to provide a mechanism to
quantify exactions and dedications in a manner that is roughly proportional
both in nature and extent to the impact of the proposed use or
development.
12 -26 -2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the
following meanings:
EXACTION OR DEDICATION: A real property dedication to
the Town, a monetary payment in -lieu of a real property dedication,
or the provision of some other service to the Town to mitigate the
impact of a proposed use or development.
The Town Council may, as a part of its legislative function,
establish fee schedules for monetary exactions in those instances where
real property dedications are not required or appropriate.
12 -26 -4: FINDINGS:
Prior to imposing an exaction or dedication as a condition of a land
use application, the Town Council or Planning and Environmental shall
find that:
1. A legitimate, identifiable public purpose is served by
requiring the dedication or exaction;
2. There is an essential nexus between the required
dedication or exaction and the Town's interest in providing the
impacted public infrastructure facility or service.
3. The Town is acting within its power to provide the
infrastructure facility or service for which the exaction or dedication
is required, either directly or through the dedication or exaction
process;
Ordinance No. 4, Series of 2011 2
4. But for the proposed use or development, the Town
would not be considering either the provision or expansion of the
service or infrastructure facility in question;
5. The proposed use or development is a contributing
cause to the need for the new or expanded infrastructure facility or
service; and
6. The Town would be legally justified in denying the
proposed use or development unless the dedication or exaction is
imposed, because of the burden the proposed use or development
would place on the Town's infrastructure facilities or services.
12 -26 -5: DETERMINATION:
A. An exaction or dedication imposed by the Town Council or
Planning and Environmental Commission shall be roughly proportional,
both in nature and extent, to the impact of the proposed use or
development.
Im
B. To determine rough proportionality, Town staff shall conduct
a dedication or exaction study regarding the proposed use or
development. The applicant shall pay for any costs associated with said
study prior to a final review of the land use application. Such study shall
consider the following:
1. Whether the infrastructure facility or service provided
for by the exaction or dedication would be required but for the
proposed use or development;
2. The extent to which the proposed use or development
will impact the existing services or infrastructure facilities;
3. The extent to which visitors to other developments or
Town residents will use the public infrastructure facility or
improvements provided by the exaction or dedication;
4. Whether existing public infrastructure facilities or
services can adequately serve the proposed use or development
without the additional expense to construct, expand or improve the
required infrastructure facilities or services; and
5. The extent to which the Town's existing infrastructure
facilities and services would need to be expanded or improved to
maintain the status quo.
C. The applicant, at its sole cost, may prepare and submit a
second dedication or exaction study to the Town. Any such study shall
Ordinance No. 4, Series of 2011 3
contain the information described in Subsection B hereof. Town staff shall
review the applicant's study and shall provide comment thereon to the
Planning and Environmental Commission or Town Council. In its sole
discretion, the Planning and Environmental Commission or Town Council
may, but is not obligated to, rely on any portion of the applicant's study.
D. After a public hearing, consideration of the dedication or
exaction study, or studies, and consideration of the criteria listed in
Section 12 -26 -4, the Planning and Environmental Commission or Town
Council shall make a determination on an appropriate exaction and
dedication for the proposed use or development.
E. After a public hearing, consideration of the dedication or
exaction study or studies, consideration of the recommendation of the
Planning and Environmental Commission, and consideration of the criteria
listed in Section 12 -26 -4, the Town Council shall determine the
appropriate exaction or dedication for the proposed use or development. 40
Section 2 . If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3 . The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4 . The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Ordinance No. 4, Series of 2011 4
Section 5 . All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2011 and
a public hearing for second reading of this Ordinance set for the day of
2011, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland, Mayor
Attest:
Ordinance No. 4, Series of 2011 5
PLANNING AND ENVIRONMENTAL COMMISSION
January 24, 2011
1:OOpm
TOWN O OFYAU�
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
Tyler Schneidman
David Viele
SITE VISITS
None
10 minutes
1. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review
Procedures, Vail Town Code, to allow for the re- subdivision of Lots 3 and 5, Block D, Vail Ridge,
located at 2610 and 2688 Arosa Drive, and setting details in regards thereto. (PEC110001)
Applicant: Arosa Partners & Bob Armour, represented by KH Webb Architects
Planner: Bill Gibson
ACTION: Approved with a condition
MOTION: Viele SECOND: Schneidman VOTE: 6 -0 -0
CONDITION(S):
1. Prior to recording the subject final plat for Lot 3 and Lot 5, Block D, Vail Ridge, the
applicant shall grant an electrical utility easement to Holy Cross Energy on Lot 3 to
connect the existing easement on Lot 5 to the Arosa Drive right -of -way.
Bill Gibson made a presentation per the staff memorandum.
Commissioner Pierce asked for clarification to the 14,000 square foot requirements for lots in the
subject zone district. Gibson responded that the minimum lot size is 15,000 square feet but only
14,000 square feet is required for two dwelling units to be built on site. Lots smaller than 14,000
square feet are only permitted to build one dwelling unit.
Commissioner Pratt asked about the intent of including the original ordinance in the packet and
whether an employee housing requirement should be placed on the lot.
Bill Gibson explained the origin of the ordinance and the types of EHUs permitted on site.
30 minutes
2. A request for a recommendation to the Vail Town Council for a major amendment to Special
Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment
Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office
Building) from Special Development District No. 4, Cascade Village, and for a zone district
boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the
subject property in the Lionshead Mixed Use 2 District, located at 1000 S. Frontage Road
West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
Page 1
ACTION: Approved with conditions
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -2 ( Cartin and Viele recused)
CONDITION(S):
1. Approval of this major amendment to a special development district is contingent upon
the applicant obtaining Town of Vail approval of the associated request to amend the
zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and
2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District.
2. Approval of this major amendment to a special development district shall only become
effective upon recording of the associated Ever Vail Subdivision Final Plat as
approved by the Planning and Environmental Commission and the Vail Town Council
in accordance with Title 13, Subdivision Regulations, Vail Town Code.
Commissioners Viele and Cartin recused themselves on this item.
Warren Campbell made a presentation per the Staff memorandum.
Commissioner Pierce asked for an overview of the Ever Vail review process
Warren Campbell responded with a summary of the review of the actions taken at the January
10, 2011 public hearing and the actions requested at today's hearing.
Commissioner Rediker asked why the zoning change is necessary.
Warren Campbell responded that the SDD could be amended to allow for the desired outcomes
in Ever Vail, however the Lionshead Redevelopment Master Plan (LRMP) and the Vail Land Use
Plan were amended to include the Glen Lyon Office Building (GLOB) property within the Plans
which results in more comprehensive plan and redevelopment of the site.
Dominic Mauriello, representative of the applicant, added that the removal of GLOB from SDD 6
would be in concert with the recommendations of the LRMP.
Commissioner Rediker asked if the rezoning would provide additional development potential
Warren Campbell responded that the rezoning would provide additional development potential.
He added that the bulk and mass would be restricted on the GLOB by the LRMP.
Commissioner Rediker stated his concern about density along Gore Creek. He noted on page 8
of the staff memorandum, the proposed master plan amendments call Gore Creek an amenity,
while it should be referred to as a natural resource. He added that there should be mandatory
requirements for protecting trees and restoring vegetation along these banks. He further
questioned the staff response to Criterion F, which stated there was no specific development
proposal at this time.
Warren Campbell responded that the major exterior alteration applications have not been
submitted for review on the property and once they were that they would be reviewed by the
Planning and Environmental Commission.
Commissioner Rediker asked why the applications for Ever Vail were being done in a piece meal
fashion.
George Ruther responded that the applications are being separated in order to allow the
mechanisms for review of specific elements to be put into place, including subdivision, rezoning,
Page 2
etc. He added that each application which the Commission has acted upon included conditions
tying them all together. Success of one application was dependent on the success of all
applications.
Commissioner Pratt asked about the height limit on the GLOB property and how it could be
codified once it is taken out of the SDD.
Warren Campbell responded that height limitations for the property were included in the master
plan amendments which will be discussed later in the hearing.
60 minutes
3. A request for a recommendation to the Vail Town Council for an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master
Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for West
Lionshead (Ever Vail) and setting forth details in regard thereto. (PEC110002)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group
Planner: Warren Campbell
ACTION: Approve with conditions /modifications
MOTION: Pratt SECOND: Schneidman VOTE: 3 -1 -2 (Rediker opposed, Vlele
and Cartin recused)
CONDITION(S):
1. The applicant shall provide revised digital images to staff depicting the Simba Run
underpass on all figures identified in the amendments, prior to being scheduled for the
reading of a Resolution to adopt the changes to the Master Plan.
2. This approval for amendments to the Lionshead Redevelopment Master Plan is
contingent upon approval of the associated special development district major
amendment application, recording of the final plat, and the adoption of the proposed
Lionshead Mixed Use 2 District zoning for the property.
3. The Commission recommended the following modifications to the proposed Master
Plan amendments:
1. Section 4.4.3 the Commission does not believe the proposed view corridors should
prevent other properties form redevelopment, specifically proposed view corridor
eight.
2. Section 5.17.1 is to be modified to include the language from 5.20 regarding the
provision of access to ERWSD .
3. Section 5.17.2 is to be modified to include the language from 5.20 regarding the
provision of access to ERWSD .
4. Section 5.17.2 is to be modified to delete the second sentence of paragraph four
and a new sentence added to reference section 4.7 of the Master Plan.
5. Section 5.17.7 is to be modified to state in the sixth sentence of the first paragraph
that "public spaces and plazas are not shaded by buildings ".
6. Section 5.17.8 Staff shall inform the Town Council that the Commission is
concerned about the timing of office replacement.
7. Section 5.17.10 is to be modified to identify the creek as a "community resource"
and be more affirmative in the requirement of wetland preservation and tree
preservation and relocation. Additionally, language requiring the mitigation of
development impacts is to be added.
8. Section 5.21.12 is to be modified to state 5.17.13 and the third paragraph is to be
deleted.
Page 3
9. Section 5.21.13 is to be modified to state 5.17.14 and to delete references to the
LEED and include references to the green design principles
10. Section 5.20 Staff shall inform the Town Council of the architectural design
concern raised by the public and discussed by the Commission.
Commissioners Viele and Cartin recused themselves on this item.
Warren Campbell made a presentation per the Staff memorandum, allowing for comment on
each section as he reviewed them with the Planning and Environmental Commission.
Section 4.4.3 Ever Vail View Corridors
Commissioner Pratt asked for the purpose of proposed view corridors 6 and 8. He asked why
view corridor 6 is so far down the site. He suggested it should be located further up the creek
towards the frontage road, potentially on the pedestrian bridge proposed across Red Sandstone
Creek. He added that there is nothing preventing further encroachment towards the creek and
that the view corridor should provide further protection. Similarly, view corridor 8 is not connected
to the project.
Warren Campbell explained that there was previously a view corridor located on the bridge of the
relocated frontage road looking south. The view corridor was removed as there is a 30 -foot
setback off of the centerline of Red Sandstone Creek providing for a 60 -foot wide no build zone
negating the need to protect the view. He stated that view corridor 8 was to provide for a
connection back to the Lionshead core along the proposed pedestrian connection.
Commissioner Pierce asked what the Gore Creek setback is from the centerline.
Warren Campbell responded that the setback is 50 feet from centerline resulting a 100 -foot wide
zone.
Dominic Mauriello added that Lionshead is 60 acres and has 5 view corridors. He noted that the
view corridors would protect from future development. However, he agrees that view corridor 8
may not be necessary unless the commission wants to limit the Marriot.
Commissioner Pratt added that the view corridors need to be necessary for inclusion in the
Master Plan.
George Ruther added that the view corridors are needed to visually orient people around and
through Ever Vail.
Section 5.17.3 Parking
Commissioner Rediker asked what parking requirements are required in Lionshead Mixed Use 1.
Warren Campbell responded that the parking requirements are regulated through Chapter 12 -10
Off Street Parking, Vail Town Code, which identify the required number of parking spaces based
upon each land use and there sizes.
Commissioner Rediker asked about when the Commission would determine parking
requirements for uses without parking requirements listed such as is identified for the gondola.
Warren Campbell responded that this would occur during the conditional use permit application.
Page 4
Commissioner Rediker asked who the 400 parking spaces would be provided for in the
development.
Warren Campbell responded that the 400 public parking spaces would be in addition to what is
required by zoning regulations and the no net loss of employee parking. For example, this would
be in excess of the parking required for the hotel, dwelling units, and commercial. The 400
parking spaces are meant to address the Town's parking shortage and provide parking for the
new gondola.
Section 5.17.2 Vehicular Access and Parking
George Ruther added that the proposed Master Plan language would remove the concept of
how redevelopment would occur in West Lionshead should the frontage road remain in its
current location, but rather recommends realignment.
Dominic Mauriello stated that there are a number of enclosed loading and delivery bays at -grade
and the language should be amended in the fourth paragraph to identify that these proposed
locations exist.
Bill Pierce asked if the amendments should reflect the exact locations of above ground loading
and delivery. He stated that there are a number of issues with at grade loading and delivery
bays, specifically with the doors being open allowing visibility into the spaces.
Dominic Mauriello stated that the at -grade loading and delivery are within the development and
do not directly accessible from the frontage road.
Section 5.17.3 Parking
Dominic Mauriello stated that he recognizes that there is further word smithing and changes to
be made by the Vail Town Council when policy discussions occur, however he specifically
wanted to keep the 283 parking space number in paragraph 2 to lock in that number.
George Ruther stated that this number could change and the Town's files reflect the need for
replacement of 283 parking spaces under the no net loss policy of the Master Plan.
Commissioner Rediker asked about the short term spaces for skier drop off and grocery store
uses.
Dominic Mauriello responded that the skier drop -off could be signed to allow commercial access
to the grocery store which is in close proximity. It was currently not known what language would
be placed on the signs to allow this and for what time duration. He noted that there will be
parking for the grocery store underneath the building.
Commissioner Pratt asked to clarify that the 400 spaces would be in excess of required parking
and replacement parking.
George Ruther confirmed that it would be 400 spaces plus the replacement parking plus required
parking, totaling approximately 1,100 parking spaces.
Commissioner Rediker asked about the location of bus stops and their relationship to the
gondola.
Page 5
Warren Campbell responded that the walk would be about 800 feet, which is closer than the walk
from the transportation center to lifts in Vail Village.
Section 5.17.5 Gondola and Vail Mountain Portal
Commissioner Rediker asked how close the gondola building is to Gore Creek.
Warren Campbell responded that the face of the building will be at least 50 feet from the
centerline of Gore Creek.
Commissioner Rediker asked what easements would be required for the gondola.
Warren Campbell responded that an agreement will need to be reached with the Town of Vail for
an easement across several town owned parcels to allow the gondola lift line to proceed up the
mountain.
Dominic Mauriello added that a conditional use permit would be required and further discussion
of the specifics would occur at that time.
Section 5.17.6 Pedestrian and Bike Access
Commissioner Pratt asked about the pedestrian connections from southwest corner of the Ritz to
the gondola. He stated that the route is out of the way and confusing. He suggested a more
direct route along the access road to the subterranean maintenance facility be incorporated.
Dominic Mauriello responded that there are grade changes and access to below grade areas for
vehicles that would prevent access by pedestrians. He added that it is not impossible to allow
for pedestrian access but it is not desirable. He stated that pedestrians will be fed into the
commercial area of the project.
Commissioner Pierce added that the alley between the Arrabelle and Lion Square Lodge, and
between Arrabelle and Lionshead Center both are the shortest way to the Lionshead gondola,
and so people use these alleys frequently.
Commissioner Pratt added that people want to take the quickest route to the lift, and that in other
locations, people don't have to walk away from the lift.
Commissioner Rediker asked where the exact location of the pedestrian bridge across Gore
Creek was proposed to be located.
Dominic Mauriello pointed out its location.
Commissioner Pratt added that a bridge to the project from the Gore Creek bike path would help
to connect both sides.
Section 5.17.7 Public Spaces and Plazas
Commissioner Pratt suggested that fifth sentence of the first paragraph be revised to clarify that
the buildings were causing the shading and not the sun.
Section 5.17.8 Preservation of Existing Office and Retail Space
Page 6
Commissioner Pratt asked about the timing of the office replacement. He added that being a
tenant of one of the buildings, a hypothetical tenant would have to leave and sign a lease
elsewhere, thus leaving the Town of Vail. He suggested that there be some agreement on
timing.
Dominic Mauriello added that this would be something that would be negotiated with the Town.
Commissioner Pierce added that there should be some language about the replacement of
office, perhaps half being replaced quickly.
Section 5.17.10 Relationship to Red Sandstone Creek and Gore Creek
Commissioner Rediker stated that the creeks should be referred to as natural resources not
amenities. There should be more shall statements not should statements, specifically about the
preservation of trees and vegetation. He is pleased with proposed improvements along Red
Sandstone Creek, making it a better waterway. He stated that stone /boulder areas along Gore
Creek and Red Sandstone Creek are inappropriate. He stated that only certain places should
take people right up to the creek with other areas being protected from people encroaching.
Words like contemplates and best efforts are too broad. He said the project should enhance the
protection of the creek.
Jim Lamont, president of Vail Homeowners Association, spoke about pushing urban uses too
close to the creek edge. He said there needs to be more protection of the creeks and limits as to
how close development, paths, etc. can go. He referenced the water quality data that has been
gathered recently which highlight the need to protect the riparian corridor.
Section 5.17.11 Employee Housing
Commissioner Rediker asked whether there is an employee housing component to the Ever Vail
project and asked about timing of employee housing.
Warren Campbell responded that the applicant is proposing to meet the employee housing
needs but it may or may not be all on -site at the moment each building is completed. However,
at the completion of the project, the full regulations will be met both on and off site.
Section 5.17.12 Development Standards
Commissioner Pierce asked if the interpolated grading plan is included in other SDD amendment
requests. He stated the value of having the baseline for redevelopment in the future.
Commissioner Rediker asked for clarification on 3 to 4 story maximum along Gore Creek.
George Ruther stated that master plan language was attempting to convey a perception of the
desired outcomes not black and white regulations. The language 3 to 4 stories was an attempt
to clarify the desired bulk and mass expression.
Section 5.17.13 Architectural Improvements
Commissioner Pratt asked if the proposed language in the second paragraph is setting up the
project for a deviation from the design guidelines. He added that Lionshead from the 1970s
used to be a contemporary expression of alpine architecture, and that the same mistakes should
not be in Ever Vail.
Page 7
Commissioner Pierce said hopefully we wont repeat the 1970s Lionshead style. He added that
each board should review the architecture for compliance with Master Plan.
Commissioner Pratt added that this section should say it should comply with Lionshead Design
Guidelines.
Dominic Mauriello stated that the third paragraph could be struck.
Section 5.17.14 Green Building
Commissioner Pierce stated that the LEED mention could be stricken as the program may not be
around in the future or a different program may be desired.
Commissioner Pratt agreed that LEED should be removed and a more general reference to
green building principles included.
Section 5.20 Eagle River Water and Sanitation District
Diane Johnson, representative of ERWSD, stated that the proposed language for her
organization's property was acceptable. She did request that Sections 5.17.1 and 5.17.2 be
modified to include the language found in 5.20 with regard to providing legal and physical access
to ERWSD. She added that Section 5.17.2 should expand on "cars and trucks" to mention the
need of construction vehicles, semi - trucks, etc. to access the ERWSD site.
Jim Lamont, Vail Homeowners Association, made a comment on 5.20. He stated that the Vail
Homeowners Association is concerned about the location of the ERWSD, and its interaction with
Ever Vail and the Town as a whole. The functional and aesthetic relationship is concerning. The
town has left the interaction between ERWSD and Ever Vail to the owners. He asked a number
of questions regarding the ERWSD site, including zoning, etc. Lamont asked if the ERWSD was
redeveloped, if the Design Guidelines of the LRMP would apply. He stated that the Town has
control of how the ERWSD gets redeveloped and it should be clear that architectural
improvements are needed. He stated that the Commission should set guidelines about the
ERWSD site, and how it should aesthetically be connected to the Ever Vail project.
Commissioner Pierce stated that no one is overlooking the lack of detail on ERWSD site in the
LRMP. He asked Staff what direction to go in.
George Ruther stated that any amendments could be brought forward by the public, staff,
property owners, Commissioners, Town Council, etc. He said Staff would be reluctant to
suggest that the ERWSD site be mixed use with retail etc.
Jim Lamont added that high class international clientele oriented development next to the
"barnyard" is inappropriate. He stated that the plant could have a park on the top to be more
compatible with public spaces of Ever Vail. He added that the Town could be laughed at for not
addressing this.
Diane Johnson stated that the district and the applicant worked together to discuss future
changes on the site. She added that to relocate a sewer treatment facility was not an easy task.
There were many complicated and expensive issue related to pipe up sizing and discharge back
in the current location to address water rights issues. She added that taxpayer money should
not go for beautification beyond what is necessary.
Page 8
Jim Lamont added that the ERWSD should be committed to accomplishing compatible
beautification to adjacent projects.
Commissioner Rediker asked for clarification of compatible beautification.
Jim Lamont responded that the ERWSD site needs to be a good neighbor in the community and
fit the aesthetic guidelines.
Commissioner Pierce said the commissioners should be careful in responding to neighbor
concerns about an existing property that is not being redeveloped.
Dominic Mauriello stated that the ERWSD site is required to comply with the LRMP design
guidelines.
Commissioner Pierce said that he agrees but perhaps there should be a note that this site
doesn't have to comply with the LRMP design guidelines.
George Ruther stated that there is no way to force changes to any building not proposing to
redevelop.
Jim Lamont said he would be upset if the ERWSD would not be interested in updating the
property to meet the guidelines better. He said the community needs to push for improvements.
Commissioner Pratt suggested that the master plan amendments be tied into the Gore Creek
Water study to ensure protection.
Diane Johnson, ERWSD, stated that Red Sandstone Creek is a major contributor of loading (i.e.,
phosphorus and nitrogen) to Gore Creek and the studies show that the negative components
found in Red Sandstone Creek occur up above the Ever Vail site where old logging roads and
such cause impacts. She believes the applicant's mitigation efforts on Red Sandstone Creek
cannot address (improve) the conditions that exist upstream of the proposed development.
Commissioner Pratt said he is uncomfortable putting requirements on ERWSD, but the Town
Council should know that there are concerns about the language in 5.20
Commissioner Pierce went back to public view corridors, specifically view corridor 6 and
respecting that the setbacks provide permanent view corridor. He stated that view corridor 8
affects others, not Ever Vail, and this is not the purpose of the view corridor.
George Ruther responded that the view corridor 8 is for a visual connection from Ever Vail back
to the Lionshead Core not to capture a view about the Marriott.
The Commissioners agreed to a five minute break to allow Staff an opportunity to capture all the
modification they heard to the proposed language so it could be read back to them.
Staff read the multiple changes into the record and the Commission referenced them in their
motion.
20 minutes
4. A request for a review of a flood plain modification permit, pursuant to Section 12- 21 -11, Flood
Hazard Zones, Vail Town Code, to allow for the modification of the flood plain associated with
Red Sandstone Creek, generally located at 862, 923, 934, 953, 1000 and 1031 South Frontage
Road West, and the South Frontage Road West right -of -way/ Lot 54, Glen Lyon Subdivision and
Page 9
Unplatted parcels (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC11 -0003)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group
Planner: Warren Campbell
ACTION: Approved with conditions
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -2 ( Cartin and Viele recused)
CONDITION(S):
1. Prior to construction, the applicant shall comply with the requirements of all applicable
local, state, and federal permits and approvals. Specifically, the applicant must obtain
Federal Emergency Management Agency (FEMA) approval for the associated
Conditional Letter of Map Revision (CLOMAR) and Letter of Map Revision (LOMR)
2. Prior to construction, the applicant shall coordinate all grading associated with this
proposal with the State of Colorado Division of Wildlife to ensure the protection of fish
and other aquatic species.
3. Within 30 days of completion of the improvements /modifications within the 100 -year
floodplain, the applicant shall obtain Town of Vail approval of an as -built survey
demonstrating that the 100 -year floodplain was modified in accordance with this
approval.
4. This approval of a flood plain modification permit shall expire on January 24, 2013.
5. This approval of a floodplain modification permit shall only be effective in conjunction
with the required Colorado Department of Transportation approval of the relocation of
the frontage road and the associated bridge.
Commissioners Viele and Cartin recused themselves on this item.
Warren Campbell made a presentation per the Staff memorandum
Tom Kassmel, the Town's floodplain coordinator, stated that he was in agreement with the
findings of the applicant's floodplain modification report.
The applicant had nothing to add.
Commissioner Pratt asked why the culvert needs to be at a right angle to the frontage road. He
was concerned about erosion caused by the change in flow direction in the creek.
Tom Kassmel responded that the design will meet CDOT requirements and that boulder
armoring will occur in the outfall and on the banks to prevent erosion. He concluded by
explaining why the design is appropriate for this creek.
5 minutes
5. A request for a recommendation to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code,
to amend Section 11 -7 -15, Public Parking and Loading Signs for Private Property, to allow signs
for public parking on private property, and setting forth details in regard thereto. (PEC100056)
Applicant: Solaris Property Owner, represented by Michael Suman
Planner: Bill Gibson
ACTION: Table to February 14, 2011
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -0
5 minutes
Page 10
6. 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 February 28, 2011
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -0
5 minutes
7. 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: Table to February 28, 2011
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -0
5 minutes
8. A request for review of a variance, pursuant to Chapter 14 -1 -5, Variances, Vail Town Code, from
Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of
solar panels within two feet of a roof ridge and eave and extending higher than the ridgeline,
located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and
setting forth details in regard thereto. (PEC100046)
Applicant: Laurent Meillon
Planner: Rachel Dimond
ACTION: Table to February 14, 2011
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -0
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 February 28, 2011
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -0
5 minutes
10. 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
Page 11
(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: Withdrawn
11. Approval of December 13, 2010 and January 10, 2011 minutes
MOTION: Viele SECOND: Pratt VOTE: 6 -0 -0
12. Information Update
13. Adjournment
MOTION: Schneidman SECOND: Pratt VOTE: 4-0-0
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 January 21, 2011, in the Vail Daily.
Page 12
Ad Name: 6164149A
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account number is: 1023233
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty -two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 2/11/2011 and
that the last publication of said notice was dated 2/11/2011 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
02/14/2011
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 02/14/2011
It -
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2011
PAMELA J SCMXTZ
"ry Pub k
State of Colorado
PLANNING AND ENVIRONMENTAL
COMMISSION
February 14, 2011
1:00pm
TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
1.1-egal Training - Matt Mire 30 minutes
2.Water Quality Update - Eagle River Water Shed
Council 20 minutes
20 minutes
3.A request for a variance from Section 12 -6E -6,
Setbacks, Vail Town Code, pursuant to Chapter
12 -17, Variances, Vail Town Code, to allow for an
addition within the side setback area, located at
1350 Sandstone Drive, Unit 6 (Eiger Chalets) /Part
of Lot G3, Lion's Ridge Filing 2, and setting forth
details in regard thereto. (PEC110010)
Applicant: Joel & Jane Gros, represented by
Michael Hazard
Planner: Bill Gibson
30 minutes
4.A request for the review of a conditional use
permit, pursuant to Section 12 -8B -3, Conditional
Uses, Vail Town Code, to allow for public parks
and active public outdoor recreation areas and us-
es, excluding buildings and accessory buildings
(permanent and temporary) and uses customarily
incidental and accessory to permitted or condition-
al outdoor recreational uses, and necessary for the
operation thereof, including restrooms, drinking
fountains, bleachers, concessions, storage build-
ings, and similar uses, to facilitate a community
garden located at 2490 South Frontage Road/ Un-
platted, and setting forth details in regard thereto.
(PEC100043)
Applicant: Town of Vail
Planner: Rachel Dimond
60 minutes
5.A request for a recommendation to the Vail Town
Council, pursuant to Section 12 -3 -7, Amendment,
Vail Town Code, for a prescribed regulations
amendment to create Chapter 12 -26, Exactions
and Dedications, Vail Town Code, to allow for the
creation of regulations for mitigation of develop-
ment impacts, and setting forth details in regard
thereto. (PEC100050)
Applicant: Town of Vail
Planner: George Ruther/ Rachel Dimond
5 minutes
6.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 March 28, 2011
5 minutes
7.A request for a recommendation to the Vail Town
Council for a prescribed regulation amendment,
pursuant to Section 11 -3 -3, Prescribed Regulations
Amendment, Vail Town Code, to amend Section
11 -7 -15, Public Parking and Loading Signs for
Private Property, to allow signs for public parking
on private property, and setting forth details in
regard thereto. (PEC100056)
Applicant: Solaris Property Owner, represented by
Michael Suman
Planner: Bill Gibson
ACTION: Table to March 28, 2011
5 minutes
8.A request for review of a variance, pursuant to
Chapter 14 -1 -5, Variances, Vail Town Code, from
Section 14 -10 -5, Building Materials and Design,
Vail Town Code, to allow for the installation of solar
panels within two feet of a roof ridge and eave and
extending higher than the ridgeline, located at 4918
Meadow Drive, Unit A /Lot 16, Block 7, Bighorn
Subdivision Fifth Addition, and setting forth details
in regard thereto. (PEC100046)
Applicant: Laurent Meillon
Planner: Rachel Dimond
ACTION: Table to March 14, 2011
9.Approval of January 24, 2010
10.Information Update
11.Adjournment
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 February 11, 2011, in the Vail Daily.
(6164149)