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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 J Variance Request - Setbacks Part of Lot G3, Lionsridge Filing 2 (1350 Sandstone Drive, Unit 6 - Eiger Chalets) D D n m z Feet 0 50 100 200 L.A Modified February 8, 2011 mmv. ATTACHMENT B TO W, • °� 8 F&Wi I JS - 7 I 10 = �� n 12 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 Am i € FIAli Y ( - r i €r ) G'i"nrm 0101=a non ihl A/ c rci is s i try COL-UMNS AND BEAMS TO BE DFMOL-151-JIED: STRUCT, FOR TEMP SHORING AND MEN PLAN NORTH IAIN LEVEL EXISTINGMEMOLITION FLOOR PLAN UF AWN wl ffiffim (� li ':I !s ��f; � I � f �� i � i I E.O. EXIST'C- CONC. SLAB V. I F. �TO, P��LYIND. ROOF DECK 8304 -6 IFT F. * T.Q. EXIST. PLYNI). SUBFLR. Z --11 V �IF. ' E-XIS 1nHNDONS AND DOOR TO BE DEMOLISHED /-- EXISTING NAi-L AREA Ulu 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 r � 2474 South Frontage Road West Location of r r� Formerly Proposed Community Garden {Part of V5 Government Lot f=, 21 d 24: 5acroon 14, Township S. Rango 81) pA f4k Op . 4•' F ir. { f'�`f" !' ti ■ ;r r Alt Area of WefeU (Approx. 14840 sq.ff.f r r ■ .w rrr w i 7w J UT x (3) 8 BED PINWHEELS W/ CENTRAL WATER 0 0 0 - CENTRAL ART ELEMENT 0 0 0 7z al 0 0 0 0 EARIN 0 0 0 0 0 (q) I Apr rnmmI IKITTY / 0 0 O � COMMUNITY GATHERING SPACE i u�uvivin� i �u w�i�.a (40 CONIFER / A SPACE / O O O 3� :V 0 / / Q o C4) SHRU ROSE ❑MP ❑ST S GARDEN ED V� 4 SHADE T E O Z �O r�� �/ , �� � i / /� 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 � N 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— A .... G A 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. T 1 i 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 Stephen, Par1v ivy W est Vail. It t4- w w t dza1 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 Stepp tw Park- %w West Vaib It Ck a. w Ldea/ 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• an&wa -D be a great add — w vt& d ei A fter luvirq here for 2 9 years- 1 a*nv a 4ta rwl aboutth.vk rww opp thatwillsbmefit my Ufe -L& dw/ 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. a i&711,L iv), 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. a*t& wab lye a. gr eat a ld rwvvty -the- com ' I aml very intere4ft& ir►.havinA,% al Lot there: Tha�v�vyow, � °� L - �' /✓��'� ��. ✓mot/ mac''; 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. and. wall Lv/ w great ad Urtov v tur dw. commuwtit 7'ha�1k. ou; 4z�4(�DU VO-0 10 � w� s VOA co 47� -1937 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)