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HomeMy WebLinkAbout2011-0627 PECPLANNING AND ENVIRONMENTAL COMMISSION June 27, 2011 1:OOpm TOWN OVAI TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Gore Creek water quality testing results, ERWSD, Linn Brooks 20 minutes SITE VISITS 1. Ruder Cemetery — 2846 Basingdale Boulevard 2. Briar Patch — 1446 Buffehr Creek Road 3. Dean Residence — 4918 Meadow Drive 20 minutes 1. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of one lot into two lots, located at 600 West Lionshead Circle (First Chair) /Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC110037) Applicant: Vail Corporation, represented by Mauriello Planning Group Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 20 minutes 2. A request for the review of a variance, pursuant to Section 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 extending higher than one foot above the building 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: Warren Dean, represented by Capitol Solar Energy Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 20 minutes 3. A request for the review of a preliminary plan and a final plat, pursuant to Chapter 13 -3, Major Subdivisions, Vail Town Code, to allow for amendments to the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch, and the creation of Parcels G and H of the Residences at Briar Patch for the purposes of preserving open space and mitigating high severity rockfall hazards, located at 1446 Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378 Sandstone Drive /Lots G2, G5, and G6, Lion's Ridge Subdivision Filing 2 (Residences at Briar Patch), and setting forth details in regard thereto. (PEC110034) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: Page 1 20 minutes 4. A request for a recommendation to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary /Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC110028) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 5. Approval of June 13, 2011 minutes MOTION: SECOND: VOTE: 6. Information Update 7. 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 June 24, 2011, in the Vail Daily. Page 2 MEMORANDUM To: Bill Carlson, Environmental Health Officer, Town of Vail From: Bob Weaver, Leonard Rice Engineers, Inc. Copyto: Urban Runoff Group Date: June 22, 2011 Subject: Gore Creek Water Quality Improvement Plan — Status Report Background The primary goal of Water Quality Improvement Plan [WQIP] For Gore Creek is to develop a guide for the design and implementation of site - specific measures to improve stream health as indicated by macroinvertebrate community metrics. The geographic scope of the WQIP includes Gore Creek from the area near the curifiuence of Black Gore Creek to the mouth of Gore Creek, with emphasis on development of water quality improvement measures For stream reaches through East Vail and Vail Village above lied Sandstone Creek. The WQIP will identify specific measures and strategies to reduce point and nonpoint source pollution including, but not Iimited to the following: ❑ Stormwater and urban drainage Best Management Practices [BMPs]; ❑ Stream habitat and riparian improvement and protection measures; • Community educational programs; • Ongoing monitoring and data collection to support Future revisions to the WQIP; • Maintenance programs for BMPs; • Ongoing monitoring to evaluate effectiveness of water quality improvement efforts; • Institutional arrangements for program implementation; and • Identification of funding sources for program implementation. The WQIP will also provide a template For identification and implementation of water quality and stream habitat improvement measures for other areas within the Eagle River watershed. This memo provides a summary of preliminary findings and observations from the work completed to date and an update on the status of work products and milestones. Preliminary Findings and Observations As described under the next header, the compilation of the data needed for the WQIP is mostly complete. Data analysis is currently underway to complete the stream reach characterization, identification of stressors, and identification of specific water quality improvement measures. Preliminary findings and observations from efforts completed to date are as follows: ❑ Water chemistry data collected at sampling sites in Gore Creek over the last 10 years indicates that water quality standards are being met throughout the watershed and that there are no obvious pollutant[s] that chronically exceed water quality standards for aquatic life_ u Preliminary snowmelt sampling results show high concentrations of total suspended solids, total dissolved solids [including chloride], and several metals including iron, copper, and zinc in snowmelt runoff before it reached the stream. Additional analysis is needed to determine if these elevated concentrations could have resulted in the exceedance of the instream aquatic life standards. Leon a rd R i c+e f 100 ( lay Alva , . Vllf. NO 1 0o w. i 1} 8U711 1 3113 455.95H9 f WWW'l ft Nal.rrfln+ Linn Brooks June 22, 2011 Page 2 ❑ During preparations of the Stormwater SAP, observations of stormwater sampling locations and stormwater infrastructure indicates that many outfalls discharge directly to the stream without the benefit of BMPs that could help attenuate flows and filter out pollutants. Installation of such BMPs will be important components of the WQIP. Li [n the process of implementing the Stormwater SAP, we have identified several opportunities for water quality improvements through better and more frequent maintenance of existing stormwater facilities. ❑ Geospatial analyses have identified several potential locations For development of urban runoff' detention/infiltration/water quality BMPs in conjunction with the Vail Golf Course Master PIan and with the Frontage Road shoulder widening project that is currently under construction. u Preliminary analysis of macroinvertebrate data collected during the most recent sampling event in September 2010 indicates generally lower Multimetric Index (M MI) scores for many of the sampling locations on Gore Creek and the Eagle River when compared to sampling results from 2008 and 2009. The lower scores could potentially be associated with the impacts from unusually high flows and streambed scouring that occurred during the 2010 spring runoff. n Geospatial data analysis indicates significant degradation of riparian buffer zones along Gore Creek from the confluence of Black Gore Creek downstream to the Eagle River_ A healthy riparian vegetation buffer zone, optimally extending at least two channel widths on each side of the stream, is one of the most important elements of a healthy stream ecosystem. ❑ Working with property owners, property managers, and the Town of Vail to achieve restoration of riparian buffer zones along Gore Creek will be a critical component of the WQIP. WQIP Work Status The following outline summarizes the work completed to date for each of the tasks identified in the WQIP Scope of Work. [ have also included an update on the anticipated schedule for completion of the work products and milestones associated with each task. Task 1. Compilation of Existing Data - Status: 90% Complete: Work Products: ❑ Maps for geospatial analysis to support reach characterization ❑ Base mapping for water quality improvement projects ❑ Chemical and biological data to support stressor identification ❑ Stormwater BMP and regulatory information n Library of education materials and references to support development of education programs Milestones: o Complete data compilation by 06-30-2011 (except fish and Stormwater) Leonard R ice III I k<Y �Iteal �-i* si lo ; IFF ,iImi. l f &VI I � 30SAYr�6 I mmIllw1 wospitt VNulNI f R.,,IN[. Linn Brooks June 22, 2011 Page 3 Task 2. Stormwater Monitoring Sampling acid Analysis Plan (SAP) - Status: 80% Complete: Work Products completed to date: u Stormwater Monitoring SAP ❑ Technical memo documenting data analysis results Milestones: ❑ Completed draft SAP on 03 -15 -2011 n Sampling collection ongoing thru 09 -30 -2011 n Data analysis ongoing thru 10 -2011 Task 3. Reach Characterization and Assessment - Status: 50% Complete Work Products: u Base maps showing geospatial information items listed above ❑ Tables and graphics to display water quality information and applicable standards with narrative explanations n Narrative and maps needed to support descriptions of water quality improvements Milestones: n Complete preliminary reach characterization by 06 -30 -2011 u Complete field verification by 07 -15 -2011 Li Complete final reach characterization by 08 -15 -2011 Task 4. Identification and Prioritization of Water Quality Improvement Projects - Status: 10% Complete Work Products: • Criteria for project screening • Report providing a list of priority stormwater and drainage improvement projects including rough preliminary estimated design, permitting, and construction costs • Technical memo regarding maintenance needs for existing stormwater infrastructure ❑ 'Technical memo regarding land use and vegetation management 13MPs ❑ Memo on recommendations for stream restoration and aquatic habitat improvements Milestones: u Screening Criteria by 06 -24 -2011 a Priority stormwater and drainage improvements report by 08 -15 -2011 n Maintenance, land use and vegetation management memo by 08 -15 -2011 n Stream restoration and aquatic habitat improvement memo by 09 -02 -2011 Task S. Identification of Educational Measures - Status: 10% Complete Work Products: n A Public Education Plan outlining educational materials to be used and developed, communication channels, and estimated costs Milestones: n Complete Public Education Plan by 08 -15 -2011 Task 6. Identification of Regulatory Measures - Status: <10% Complete Work Products: u Memo identifying specific regulatory measures that would be appropriated For consideration by the Town of Vail A LeonardRice h'Ob Ouv 91R+11. lu,Iie 1110 1 venal. 0 Zia I i , 10'M'0544 I ^W Il lirin1pf,cn7} FNGINEERS,INC Linn Brooks June 22, 2011 Page 4 Milestones: ❑ Completed regulatory measures memo by 08 -31 -2011 Task 7: Identification and Evaluation of Ongoing Data Needs - Status: <10% Complete Work Products: n Memo identifying ongoing data needs associated with each item listed above Milestones: ❑ Complete data needs memo by 08 -31 -2011 Task 8: Estimated Costs and Funding Sources for Plan Implementation - Status: 20% Complete Work Products: ❑ LRE will coordinate the activities outline above and prepare an Excel spreadsheet template for estimation of the costs listed above and assumptions used for development of cost estimates. n The Urban Runoff Group, Funding Committee, will prepare of report identifying potential funding sources for WQIP implementation. (The scope of this report will he defined by the Funding Committee. This report could then be incorporated into the WQIP as an appendix.) Milestones: ❑ Complete cost estimate spreadsheet by 09 -15 -2012 Task 9: Identify Institutional Options - Status: <10% Complete Work Products: ❑ Memo summarizing institutional arrangements adopted by other communities to address urban runoff and stormwater issues. Milestones: ❑ Complete summary memo by 10 -28 -2011 Task 10: WQIP Report Preparation - Status: <10% Complete Work Products: ❑ WQIP Report Milestones: ❑ Draft WQIP Report by 02 -18 -2012 a Final WQIP Report by 04 -15 -2012 Task 11: Project Administration -- Status: 40% Complete Work Products: • Participation in periodic meetings of the Urban Runoff Group and the Technical advisory committee; • Monthly progress reports Milestones: ❑ Ongoing as described above AP Leona rdR Ice '!491 Lkry Shoo!, ',uik .1(V I lhunvu, 0) 8001 I I M3- 455-')W; wwovikiwalfirw + LNGINFER5 JNC. i r = 1 r, ► �• r � rte- ■ f y rowN of �ai� To: Planning and Environmental Commission From: Community Development Department Date: June 27, 2011 Memorandum Subject: A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of one lot into two lots, located at 600 West Lionshead Circle (First Chair) /Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC110037) Applicant: Vail Corporation, represented by Mauriello Planning Group Planner: Rachel Dimond I. SUMMARY The applicant, Vail Corporation, represented by the Mauriello Planning Group, is requesting a final review of a minor subdivision, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of one lot into two lots, located at 600 West Lionshead Circle (First Chair) /Part of Lot 1, Block 1, Vail Lionshead Filing 3, to create the plat entitled: "Final Plat, First Chair Subdivision, A Resubdivision Of a Part of Lot 1, Block 1, Vail / Lionshead Third Filing, Town of Vail, County of Eagle, State of Colorado " . As a result of the subdivision, two lots will be created from one existing lot, which are identified as Lot 1 (Private Parking Lot) and Lot 2 (First Chair Employee Housing). Based on the testimony presented at this hearing and the criteria review in Section VII of this memorandum, Staff is recommending approval of the applicant's minor subdivision application with the findings as listed in Section VIII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), the applicant's request (Attachment B) and the proposed final plat (Attachment C). II. DESCRIPTION OF THE REQUEST When the First Chair Employee Housing Project was constructed, a surface parking lot not associated with First Chair parking requirements was constructed on the west side of the property. As a result of the subdivision, two lots will be created from one existing lot, which are identified as Lot 1 (Private Parking Lot) and Lot 2 (First Chair Employee Housing). However, the two lots would still be considered one development site for zoning purposes. The applicant is proposing to create two lots in order to shift the First Chair development into a housing trust. III. BACKGROUND • The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. • On December 15, 1998, the Town of Vail adopted the Lionshead Redevelopment Master Plan, which contained site specific recommendations for the North Day Lot. • On September 27, 2004 the Lionshead Core Site (Arrabelle) was approved which removed the Sunbird Lodge containing employee housing. A requirement of the Arrabelle approval and the removal of the Sunbird Lodge was that 120 employee beds needed to be constructed. • On February 9, 2009, the Planning and Environmental Commission approved the development of the North Day Lot, now known as First Chair Employee Housing Project. The project included 32 employee housing units to satisfy the employee beds required by The Arrabelle, as well as skier drop off and private parking. • During the summer of 2010, the Vail Town Council approved an agreement with Vail Resorts to remove skier drop off from the North Day Lot in exchange for a fee -in -lieu payment to the Town of Vail. As a result of this agreement, skier drop off components were removed from the site and parking was reconfigured to facilitate a private parking lot with an access easement for the First Chair Employee Housing Project. IV. ZONING ANALYSIS Address /Legal Description: 600 West Lionshead Circle /Lot 1, Block 1, Vail Lionshead Filing 3 Parcel Size: 1.09 acre (47,480.4 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Lionshead Redevelopment Master Plan Development Standard Allowed Existin Proposed Lot Area: 10,000 sq. ft. 47,480.4 sq. ft. Lot 1- 14,801 sq. ft. Lot 2- 32,670 sq. ft. Setbacks: 10 ft. North - 30 ft. No change East- 11 ft. West- 11 ft. South- 16 ft. Building Height: 82.5 ft. max 70.8 ft. max No change Density: DUs (35 /ac.) — 38 NA No change EHUs (unlimited) 32 units GRFA: 118,701 sq. ft. None No change Site Coverage: Landscape Area: Parking: Loading 33,236 sq. ft. (70 %) 13,675 sq. ft. (28.8 %) No change 9,496 sq. ft. (20 %) 18,544 sq. ft. (39 %) No change 1.4 /EHU 40 spaces for EHUs No change 29 spaces in lot 1 berth 1 berth No change Town of Vail Page 2 V. SURROUNDING LAND USES Zone District N/A Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District VI. APPLICABLE PLANNING DOCUMENTS Title 12: Zoning Regulations, Vail Town Code (in part) Chapter 4, Minor Subdivision, Title 13 Subdivision Regulations, of the Vail Town Code prescribe the review criteria for a request for a minor subdivision. Pursuant to Section 13 -4 -2, Procedure, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13 -3 -4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code. According to Section 13 -4 -2C, Review and Action on Plat, "The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider". According to Section 13 -3 -4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code, (in part) "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C of this chapter." Vail Land Use Plan (in part) The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Lionshead Redevelopment Master Plan" land use category. Pursuant to the Plan, the "Lionshead Redevelopment Master Plan" land use category description, Town of Vail Page 3 Land Use North 1 -70 South Mixed Use East Residential West Hotel Zone District N/A Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District VI. APPLICABLE PLANNING DOCUMENTS Title 12: Zoning Regulations, Vail Town Code (in part) Chapter 4, Minor Subdivision, Title 13 Subdivision Regulations, of the Vail Town Code prescribe the review criteria for a request for a minor subdivision. Pursuant to Section 13 -4 -2, Procedure, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13 -3 -4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code. According to Section 13 -4 -2C, Review and Action on Plat, "The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider". According to Section 13 -3 -4, Commission Review of Application; Criteria and Necessary Findings, Subdivision Regulations, Vail Town Code, (in part) "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C of this chapter." Vail Land Use Plan (in part) The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Lionshead Redevelopment Master Plan" land use category. Pursuant to the Plan, the "Lionshead Redevelopment Master Plan" land use category description, Town of Vail Page 3 "Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four - season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically - pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading /delivery facilities /structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses." Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be Town of Vail Page 4 upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Chapter 5 — Detailed Plan Recommendations 5.9 North Day Lot While the North Day Lot is a privately own parcel of land, consideration should be given by the owner and the Town to including transportation related uses on the ground floor. Ideally the uses to be considered for the site should include skier drop -off, local and regional transit, local and regional private shuttles, and charter bus drop -off and pick -up (see figure 5 -13). By relocating these functions from their existing locations to easily accessible locations, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the dispersed transportation facilities may include. a. Skier drop -off. Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Vail transit. Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in -town shuttle stop. c. Regional transit. One bus space is recommended d. Charter buses. Three to four bus spaces are recommended. e. Local and regional shuttles. Four shuttle van spaces are recommended at a minimum. It should be noted that the North Day Lot is a small parcel of land and that the location and shape of this parcel may not allow for all of the uses identified above without having significant implications to traffic circulation patterns and the owners ability to develop the site with a quality development as allowed under zoning for the property (the site is considered one development site for the purposes of zoning). There needs to be a balance between the development goals for the property and the impact of public uses on those goals. In order to meet the obligations of agreements regarding the Arrabelle project (core site), at a minimum skier drop off must occur on this site. As discussed below, the Lionshead parking structure and West Lionshead also provide opportunities for some of the transportation functions identified above. Given the impacts of a public transportation use and to maximize the opportunities for employee housing on the property, development standards such as site coverage, landscape area, north side setbacks, and building height may be adjusted to afford more flexibility to the property owner (see section 4.9.4.3) and approved by the Planning and Environmental Commission. In order to create more efficiency with the site development and to mitigate for the presence of a public transportation facility on private property, the Town may allow for encroachment of uses on the parcel of land owned by the Town on the north side of the north day lot. This encroachment may also help to mitigate impacts to adjacent properties to the south by maintaining adequate setbacks. There may be a need to Town of Vail Page 5 move or enhance the pedestrian bridge abutment and access as part of the transportation facility. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind depicted in figure 5 -13a, a linear building, screen, and /or landscape buffer is recommended at the southern edge of the site to screen the lower levels of the Landmark properties from the transportation facility. If necessary to provide adequate buffering a wall or fence in excess of 6' could be considered. This screen could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. The dispersed transportation facility may be covered by employee housing or other uses contemplated by the Lionshead Mixed Use Zoning -1 and any exemptions /deviations discussed herein. Specifically, the design of the transportation center should address all impacts. visual, security, sound, and smell that may affect adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the North Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include. West Lionshead Lionshead Parking Structure North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. VII. REVIEW CRITERIA The following are review criteria for a minor subdivision, as outlined in Section 13 -3 -4, Vail Town Code: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 6 Staff finds the proposed subdivision is consistent with all applicable elements of the adopted goals, objectives and policies outlines in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. Specifically, the subdivision will allow for the placement of First Chair into a housing trust, which will further the goals of preserving employee housing within the Town of Vail. This will further the purpose of the Lionshead Redevelopment Master Plan land use designation, which states that "uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically - pleasing guest experience." Ensuring employee housing remains on this site through a housing trust will further enhance the guest experience in Lionshead. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; Staff finds that the proposed subdivision is in compliance with all standards of Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town Code. Because the two lots will be considered one development site, there are no changes to any development parameters except lot size. The minimum lot size in the LMU -1 District is 10,000 square feet, and both Lot 1 (14,810 square feet) and Lot 2 (32,670 square feet) are in compliance with this requirement. There are no requirements in the LMU -1 District for street frontage. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff finds the proposed subdivision presents a harmonious, convenient, workable relationship among land uses that is consistent with municipal development objectives. Specifically, the subdivision of First Chair from the parking lot will allow First Chair to be placed into a housing trust that will further the Town's development objective of preserving employee housing within the Town. The subdivision also provides an access easement through Lot 1 for First Chair residents, which will allow a workable relationship between the two land uses. 4. The extent of the effects on the future development of the surrounding area; and Staff finds the proposed subdivision will have no effects on the future development of the surrounding area. Further, the proposed subdivision will not have any effect on the future development of the two lots, as they will be treated as one development site and the lots will have the same development potential as it does today. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Town of Vail Page 7 Staff finds the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog pattern of development. This is due to the fact that the subdivision will not change the current or future development patterns of the site, as they will be treated as one development site. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff finds that the initial review of First Chair confirmed that the utility lines are sized to serve a complete build -out of the site, which does not change from the subdivision of the property. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole, because the subdivision will allow the placement of First Chair into a housing trust. Further, the development potential of the site will not change, providing for the growth that is detailed in the Lionshead Redevelopment Master Plan. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff finds the proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the request for final review of a final plat. Should the Planning and Environmental Commission choose to approve the request for review of a minor subdivision, Staff recommends the following motion be made: "Based on the evidence and testimony presented at this hearing and the review criteria in Section VII of this memorandum, the Planning and Environmental Commission hereby approves a request for a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of one lot into two lots, located at 600 West Town of Vail Page 8 Lionshead Circle (First Chair) /Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto." Staff's recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, subject to the following findings: "Upon review of the request for a minor subdivision to create the "Final Plat, First Chair Subdivision, A Resubdivision Of a Part of Lot 1, Block 1, Vail /Lionshead Third Filing, Town of Vail, County of Eagle, State of Colorado" the Planning and Environmental Commission finds. 1. That the subdivision is in compliance with the criteria listed in Section 13 -3 -4, Vail Town Code, and 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Final Plat Town of Vail Page 9 Vail Lionshead Filing 3, Block 1, Part of Lot 1 (600 West Lionshead Circle - First Chair Condos) First Chair Condominiums This —p by the Town of Vail G IS Team. U�ofthis map 5ioultl be forgeneral purposeso my -The T.—of Vai l 1— not --N thee --v yofthe inform ation mntained herein. F eet (where sho ran, parcel l in e —,kIs appro .i i,) 50 1 44 244 Last Modified. June 23, 2011 7U @NA ", APPLICATION FOR A MINOR SUBDIVISION SUBMITTED: MAY 31, 2011 V U I �Tcl Mauriello Planning Group VAI L R ESORTS DEVELOPMENT COMPANY [ PEAK LAND CONSULTANTS, INC. 1 M 1 1 COLORADO APPLICATION FOR A MINOR SUBDIVISION SUBMITTED: MAY 31, 2011 V U I �Tcl Mauriello Planning Group VAI L R ESORTS DEVELOPMENT COMPANY [ PEAK LAND CONSULTANTS, INC. FIRST CHAIR SUBDIVISION MAY 31, 2011 I. Introduction The Vail Corporation, represented by Mauriello Planning Group is requesting a minor subdivision to allow for the North Day Lot parcel to be divided into two lots. The subdivision will create one parcel presently developed with the First Chair employe housing project (Lot 2) and the second parcel presently developed with parking (Lot 1). The site will continue to be treated as one lot for development purposes (a note is included on the plat to this effect.) The subdivision allows for the First Chair Employee Housing Project to be a stand -alone parcel to be transferred to the First Chair Housing Trust for taxation purposes. The Vail Corporation will retain ownership of the remainder of the property when the First Chair project is transferred to the Trust. The Vail Corporation is the sole member of First Chair Housing Trust LLC, the trustee of the First Chair Housing Trust. Lot 1 is .34o acres or 14,801 sf and Lot 2 is .75o acres or 32,670 sf. An access easement through Lot 1 will be platted with this subdivision and a corresponding access easement will be recorded contemporaneously with this subdivision, maintaining adequate legal access to Lot 2. II. History of the Project First Chair employee housing project was approved by the Planning and Environmental Commission February g, 2009, and upheld on a call -up by the Town Council on March 3, 2009. The project was a fulfillment of the employee housing requirement of the Arrabelle, which required a total Of 12o beds, though 124 beds were constructed. The project includes a total of 32 deed- restricted employee housing units, with 28 four - bedroom = _ units, and 4 three - bedroom units.o-- -' Along with the approval of the Major Exterior Alteration, a F1 parking reduction was granted for the project, reducing the parking requirement to 1.25 CURRENTAPPROVED SITE PLAN (DRB -0 44 8 ) spaces per unit, for a total requirement of 40 parking spaces for the employee housing units. At the time of the approval, an additional g parking spaces were approved. These spaces were designated as skier drop -off spaces, and along with these spaces, various site improvements were included to serve this use. In the fall of 2010, the Town of Vail approached The Vail Corporation with the request to eliminate the skier drop -off spaces from the site, in exchange for $725,000, with the Town then allocating those skier drop -off spaces to the Lionshead Parking Structure. The final design of the project replaced the skier drop -off with a 29 space surface parking lot. These 29 spaces are then applied towards the Lionshead Redevelopment Master Plan policy of "no net loss of parking" of the 105 parking spaces that were eliminated with 2 FIRST CHAIR SUBDIVISION MAY 31, 2011 construction of the First Chair Project. First Chair is substantially complete and a temporary certificate of occupancy has been issued for the project. III. Minor Subdivision Request The minor subdivision request is to allow the site to be platted into Lot 1 (.34o acres) and Lot z (.750 acres), First Chair Subdivision. This allows for the property of the First Chair employee housing project (Lot 2) to be transferred into the First Chair Housing Trust for taxation purposes, while ownership of the remaining lot (Lot 1) will remain in The Vail Corporation when Lot z is transferred to the Trust. The First Chair Subdivision lots will still be treated as one lot for zoning purposes, so there is no impact on development rights associated with the current site. An access easement, as indicated on the plat, will be platted to provide legal access to Lot z through the Lot 1 property, and a corresponding access easement will be recorded. There are no plans for any additional development to occur on this site at this time. / / / / / FY ?T A PORTION OF THE MINOR SUBDIVISION PLAT FOR THE FIRST CHAIR SUBDIVISION. REDUCTIONS OF THE ENTIRE PLAT ARE PROVIDED AS AN ATTACHMENT TO THIS SUBMITTAL. IV. Zoning and Subdivision Regulation Compliance Address: boo West Lionshead Circle Proposed Address: 6ol and boo West Lionshead Circle Current Legal Description: A part of Lot 1, Block 1, Vail Lionshead Filing 3 Proposed Legal Description: Lot 1 and Lot 2, First Chair Subdivision For the purposes of the First Chair Subdivision, the lot is to be considered as one development site for zoning purposes. A note to this effect has been included on the plat. As a result, the Zoning Compliance has not changed from the approval of First Chair. 3 FIRST CHAIR SUBDIVISION MAY 31, 2011 Standard Allowed /Required Current Conditions Lot Area and Site Dimension 1o,000 sf of buildable area Lot 1: .34o acres / 14,801 sf Lot 2: .750 acres / 32,670 sf Total Lots 1 & 2: i.og acres / 47,480 sf Setbacks to ft (all sides) >_io ft (all sides) Height 82.5 ft (max) 70.83 ft 71 ft (avg) Density 35 du per acre EHUs do not count towards density GRFA 250% of buildable EHUs do not count towards GRFA Site Coverage 70% of total site area 28.8% 33, sf 13,675 sf Landscaping 20% of total site area 20.94% 11,145 sf Parking and Loading 1.25 spaces per unit (approved 1.25 per unit, 40 spaces total parking reduction) for EHUs Additional 29 spaces V. Criteria for Review A. Before recommending approval, approval with conditions or disapproval of the minor subdivision, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Analysis: Employee Housing has been identified as one of the highest priorities in the Town of Vail. This priority is outlined in many of the Vail comprehensive plans and development objectives of the Town. This subdivision allows for the employee housing at First Chair to be placed into a trust for the benefit of the employees and creates some tax advantages to the owner, and is in no way inconsistent with the employee housing priorities. z. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12 , "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and FIRST CHAIR SUBDIVISION MAY 31, 2011 Analysis: As indicated in Section IV of this report, this subdivision complies with the Zoning Standards of the Lionshead Mixed Use - 1 Zone District and all pertinent regulations. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Analysis: Because the proposed subdivision has no effect on development rights for the site, there is no effect on this criteria. 4. The extent of the effects on the future development of the surrounding area; and Analysis: This subdivision has no effect on future development of the surrounding area. The subdivision is for ownership purposes only and does not create a new development site. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Analysis: As this is an existing platted lot within an established subdivision, this criteria is not applicable. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Analysis: The proposed First Chair subdivision has no effect on this criteria. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Analysis: As this is an existing platted lot within an established subdivision, this criteria is not applicable. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Analysis: The proposed First Chair subdivision has no effect on this criteria. g. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. Analysis: Any other factors or criteria can be addressed by the applicant. FIRST CHAIR SUBDIVISION MAY 31, 2011 B. Necessary Findings: Before recommending and /or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 6 FIRST CHAIR SUBDIVISION MAY 31, 2011 VI. Adjacent Addresses TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 THE VAIL CORPORATION SAMANTHA JONES 39 INTERLOCKEN CRESCENT STE l000 BROOMFIELD, CO 80021 LANDMARK CONDO ASSOCIATION GEOFFREY WRIGHT 610 W LIONSHEAD CR VAIL, CO 81657 CDOT 42ol E. ARKANSAS AVENUE DENVER, CO 80222 LIONSHEAD INN LLC 705 WEST LIONSHEAD CIRCLE VAIL, CO 81657 LIONSHEAD INN LLC REBECCA FISCHER 633 17TH ST. SUITE 3000 DENVER, CO 80202 VAIL MANAGEMENT COMPANY- WESTWIND C/O VAIL MANAGEMENT COMPANY, PO BOX 6130 AVON, CO 81620 I7 FINAL PLAT FIRST CHAIR SUBDIVISION A RESCBDINISION OF A PART OF LOT 1, BLOCK 1, MAIL /LIONSIEAD THIRD FILING, TOWN OF `AIL, COUNTY OF EAGLE, STATE OF COLORADO =1=7 - wi�cs i FIIF '�1HC +iE FIB` �i000 a im ion 1LE Y_ES RMMG YL EYN:►IELl.IL � 9i. 3. F•1A'J*E ,teals amsc�i 9F.£T[NS Q"�iFlJli RARYtA Y T�,LC :ti_ QII![ ND SAS �AfIC1TE I 517E LOCA71[Yn I I I I I I I gG'Ip1 6 I I lU 9i 5 SQ.11 I RY1fE S 16T (r TK H, OY I Q`E Y +DIES I. n if m Z T z D T to n D LA C W D O Z n (n Q Z Gt 1 W N 0 cc FINAL PLAT FIRST CHAIR SUBDIVISION A RESUBDIVISION OF A PAW OF LOT 1, BLOCK 1. %TAIL/UONSHEAD THIRD FILING, TORN OF VAU. COUNTY OF EAGLE, STATE OF COLORADO FART CF lM 1 CIO 20MOor Lgr 2 --so L2 I I cn F - 14 1 O FINAL ]PLAT FIRST CHAIR SUBDIVISION A RESUBDIVISION OF A FART OF LOT 1, BLOCK 1, VAIL /LIONSHEAD THIRD FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO CERTIFICATE OF DEDICATION AND OWNERSHIP EAGLE 11IN71 roi aaon —LEANED As Fouows ` °ROPER.. sNDA,ED w ,HE,owN or PNL, 6 off FIT III 011 ES I " D II I E E 1e INA nn 1111 POINT ALAN "T THE NoRTHEAST CoRNER QF AAA L" ' IFENCE 1 11 11 11 1 IFoNl THE Ell' LINE v 1111 EAST RIGHT -OF- 1 LINE IF 1111 —1 FINNIEA1 oxaE THE FILL -1 C Two 11) A �p ' A �MII - . , T LLDrr�ND FD�REin ` THE DDINDA o ) FA IN 11T, IN A) 11 E-11ED 111M MAI IF AD 10 NAME: - -- -- - - - - - --- (vairvTm) ILE: - - - - - - - - - - - - - SATE DF s TITLE CERTIFICATE DIES IEIEII IElFl —1 LJ� we moxeEear SITE LOCATION I I / I I al` ti zl: SECTION 6 TOWNSHIP 5 SOUTH I RANGE 80 WEST OF THE 6th P.M. I VI sc C ITY MAP GENERAL NOTES a (aoa MoNUUEriN11. 1ALIHATED AOTATIN FDNI LEDII,P m aEao - s,A,E P1aNE moAO NA,Es o 111) Nei SHEETS 7 ANO NT. s TFE N T (ILD o IIIINN 11111 FILL IIN TITLE NOTES D17ED DEIEMBEI 21, 2111. AT A IN PM N) lH10111 7 iNTENTiorvuLV OMITTED A) a s R 1� 7 1CNFED swTEMDEl a. NssE Iry N-1 11 AF PANE 1A IND LILY ,E. ,sES Iry I0.1 III AT FINE No)iNTENTiorvnuv DEITTID FEEL NN) AT LRANEi All AND Al AMENDED w iNIIIIEENT 1EwreDED AIG11T F2. 1177 w IINrc 211 AT PACE FOIN 2" s) lEIEll S DON THE 1EwreoED PEAT AD DAIL AarvsHEAD A ND ry IH IN FILING N-1 a snowry Al ,E)TEwMS, wrvoNiorvs Arvo Pao IF TIENEH, mry 11 IND v reo ocNOe a oN. 2oa A7 pE72N NO I'... (SAD E"EaTD iry i, eLANAET N N= ,�) TEwMS. Arvo NA —AErvs or suD N U, H " Q l is eAuN N rvATUaE)NI 1Ewre1ED I— NS INTENHINAUV -TTED. NI) TEFMS. corvDinorvs AND PHavisorvs o ,F" — E;', IAOry F No o I NEFAF ED , NAiNNEcEO1) , IF NT) FMM o Nia 2oioNISAI CON1711DON E-MENT A.— ED AaNUAav 'A)1EFM No. zmlDDarza 'sorvs DD DEED —1111TioN IGIEEEENN HECaaDED Inv Da, 111. Al IlLl ,D1 TpRMS ca o .NINE m. zmI AT 'EEEPTiAry rva zmmoNZa� lsnio is snaxm ON SHEET A IFEZZ reD Eo)TEFM1. FA " oreDED LIFE m. 2D,D AT PEDEPT�AN ND zo "D:A,` T is E _ �D'_N �T ALAN N NAT O reE ) Al)INTENHMNADV ouNTED. EE),Erw1. To Nou<MDEA oD. ao:D A HEDEPT�ON ND Na'oLESa ")sao r�DEPT�A �s sHOwN DN sNEET A o1 1) ISLEPM1. CONDTINS AD PaomsoNS of PEO[s *eow/eicraE Access EASEMENT ACPEEUENT AHEET E D N0_A A DP. Lo,D AT AEDEPT�oN NG a ozLSP. )sA�o EA MEN �s sHOwN oN PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE ATTEST SURVEYOR'S CERTIFICATE IIESN IElEON THAI 1111 PLAI IAI MADE FRAM AN FACCEIMALE 101— OF SAID El ME ANE TH TON AND DM SONS OF ILE LoI CERTIFICATE OF TAE5 PAID DIE IND _IB L�PDDO FLAT IIE POID IN FILL DITIA T111 All AD II CLERK AND RECORDER'S CERTIFICATE FINAL ]PLAT FIRST CHAIR SUBDIVISION A RESUBDIVISION OF A FART OF LOT 1, BLOCK 1, VAIL /LIONSHEAD THIRD FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO CURVE TABLE C2 -MEAS C2�g El 54 W SOV N FRONCUGoT R�pO oH�as2rR �vBS �MEruTn I "U,- or - - ° I', L nnwn �/ z � ` o \ \y / N / / PART OF LOT 1 / / Es (oEEOI N / c 211 PEA s�N D a iorv] / (lEl of MREA AV EIE oa ,oW or vaUOa�EcA II'L ( Tion No ao E 12a] (snoDED ADE<i N85'40'33 "E - 200.00' a�3' `EcroH 1e +.2- _ — — i LOT 2 CiDD PART OF LOT , Lz w ii % _l NaLNONSHE 1" 1 1,n 1 aEDEnR c ry Tro rva - EVACATED ew ,His PLATJ (sE °�oa PJ, rvo a ERIEIENT Ep cc�iory . 211121— - (xATaED -) j I — � LOT — OES -- -- D ,,,s v — —_ �..,,•. •, _ 405.92' (BASIS OF BEARING) LANDMARK -VAIL CONDOMINIUMS (a[c[anory N. -0 —.1, MONUMENT LEGEND m e UE uDUw l' A E ND M<.HET I HaL w�Tn w <EH11 �H AH2reEre, E.i Ha 2,5 LJ� GRAPHIC SCALE o ➢ w � C7 TOWN OF VAIL " To: Planning and Environmental Commission From: Community Development Department Date: June 27, 2011 Memorandum Subject: A request for the review of a variance, pursuant to Section 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 extending higher than one foot above the building 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: Elizabeth Dean, represented by Capitol Solar Energy Planner: Rachel Dimond I. SUMMARY The applicant, Elizabeth Dean, represented by Laurent Meillon of Capitol Solar Energy, is requesting a variance, pursuant to Section 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 extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) 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 denial of this application, subject to the findings noted in Section VIII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), the applicant's response to the review criteria and necessary findings (Attachment B), architectural plans (Attachment C), solar thermal panel cut sheets (Attachment D), a photo of the house (Attachment E) and letters from a neighbor in response to the application (Attachment F). II. DESCRIPTION OF THE REQUEST The applicant is requesting a variance from the solar energy device regulations. Specifically, the regulation states that a "solar energy device shall extend no higher than one (1) foot above the ridgeline." The applicant is requesting a variance that would allow the panels to extend up to three feet above the ridgeline, two feet more than is permitted by the regulations. The proposal includes the installation of seven (7) solar thermal panels that would provide hot water to the home. Each panel is 118 inches long, 47 inches wide and approximately four (4) inches thick. The total length of the array will be thirty (30) feet. The array will be slightly tilted so that the northeast corner of the array will protrude past the ridgeline at a slight angle. The existing ridgeline is approximately 27 feet tall, which is below the maximum of 33 feet height. With the panels on the roof, the height in this area of the structure will be 30 feet tall. III. BACKGROUND • On December 3, 2008, the Design Review Board approved plans for a new duplex residence on this site. • On November 4, 2009, a building permit was issued for the construction of a new duplex and on March 25, 2011, a certificate of occupancy was issued for both sides of the duplex. • In early 2010, the applicant installed solar energy devices on the roof without a building permit. Once contacted by the Town of Vail, the solar energy devices were removed. • On May 4, 2010, the Vail Town Council passed Ordinance No. 3, Series of 2010 which amended the design regulations for solar energy devices and required that panels not exceed the height of the roof ridge. • In September of 2010, numerous solar energy company representatives made requests to the Vail Town Council for amendments to the new regulations in order to help facilitate the installation of solar energy devices. The Vail Town Council instructed Staff to work with solar energy representatives to propose amendments to the existing regulations, which occurred through three meetings with 6 representatives from solar energy companies. The goals for this process were as follows: • Meet the concerns of solar industry professionals, while advancing the policy direction of the Vail Town Council: ❖ Encourage energy efficiency and renewable energy in the Town of Vail in accordance with the Environmental Sustainability Strategic Plan ❖ Architecturally integrate solar energy devices with building ❖ Minimize view of solar energy devices from street ❖ Avoid new perceived building heights ❖ Avoid increased bulk and mass of buildings ❖ Maintain character of buildings • Achieve regulations that are appropriate to both performance and policy goals of the Town, but are not too lenient nor too stringent. On May 3, 2011, the Vail Town Council approved, with modifications, Ordinance No. 5, Series of 2011, upon second reading. The amendments allowed solar energy devices to protrude up to one foot above the roof ridgeline in order to accommodate additional solar energy device systems while staying in line with the Town's development objectives. Town of Vail Page 2 IV. APPLICABLE PLANNING DOCUMENTS Title 12: Zoning Regulations, Vail Town Code (in part) 12 -6C: TWO FAMILY RESIDENTIAL (R) DISTRICT 12 -6C -1: PURPOSE. The two - family residential district is intended to provide sites for low density single- family or two - family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two - family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Chapter 12 -17. Variances 12 -17 -1. PURPOSE. A. Reasons For Seeking Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, 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. B. Development Standards Excepted. Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected. The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16. "Conditional Use Permits"; and by section 12 -3 -7, "Amendment'; of this title. Title 14: Development Standards, Vail Town Code (in part) 14 -2. Definitions. Solar energy device. A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Town of Vail Page 3 Section 14- 10 -5H. Solar Energy Devices. 1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. Further, these regulations are intended to limit the creation of an elevated perceived roofline by solar energy devices. 2. Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by Section 14- 10 -5H -11 of this Code. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a 50 degree orientation. 3. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 4. Solar energy devices may be screened to minimize visual impact with a false fagade, roof plane or parapet walls integrated into the overall design of the building. 5. Solar energy devices may project not more than four (4) feet into a required setback area. 6. Solar energy devices shall not be included in calculation of building height. 7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 8. Solar energy devices shall project no further from the building fagade or roof plane than the minimum distance necessary to achieve up to a 50 degree orientation. No portion of any solar energy device shall project more than eight feet (8) from the building fagade or roof plane to which the solar energy device is attached. 9. When mounted to a roof plane with a pitch of three in twelve feet (3.12) or steeper, solar energy device shall extend no higher than one (1) foot above the ridgeline. 10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave 11. Solar energy device framing, brackets and associated equipment shall be black or a color that matches adjacent building surfaces. No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute to attractive building aesthetics. 13. Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building fagade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. Town of Vail Page 4 V. SITE ANALYSIS Physical Address: Legal Address: Zoning Designation: Land Use Plan Designation Current Land Use: Lot Size: Geologic Hazards: VI. SURROUNDING LAND USES VII. REVIEW CRITERIA 4918 Meadow Drive, Unit A Lot 16, Block 7, Bighorn Subdivision Fifth Addition Two Family Residential Low Density Residential Residential 22,956 square feet None Zone District Two Family Residential Two Family Residential Two Family Residential Two Family Residential 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested solar energy devices will be visible to other structures in the direct vicinity. Specifically, the back of the panels will be facing the neighboring properties, which changes the perceived height of the structure. However, the proposed height of the solar energy devices will not exceed the allowable roof height of the Two Family Residential District. Prior to recent regulations amendments, solar energy devices were not permitted to exceed the height of the ridgeline. The Vail Town Council amended the regulations in May 2011 to provide flexibility and allow solar energy devices to exceed the ridgeline by up to one (1) foot. Further, the requirement that solar energy devices be a minimum of two (2) feet from eaves was repealed, which eliminated the need for an additional variance for this proposal. The Vail Town Council discussed the ridgeline issue at length, and stated that the intent of the regulations was to not create new perceived ridgelines in order to protect the neighborhood from negative impacts. Staff finds that the proposed variance would create a new perceived ridgeline and thus, does not meet the intent of the regulations. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff finds that the proposed relief from the one foot above ridgeline regulation is not necessary to install a solar thermal system. While the proposed system provides increased efficiencies and increased hot water generation, the height variance is not Town of Vail Page 5 Land Use North Residential South Residential East Residential West Residential VII. REVIEW CRITERIA 4918 Meadow Drive, Unit A Lot 16, Block 7, Bighorn Subdivision Fifth Addition Two Family Residential Low Density Residential Residential 22,956 square feet None Zone District Two Family Residential Two Family Residential Two Family Residential Two Family Residential 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested solar energy devices will be visible to other structures in the direct vicinity. Specifically, the back of the panels will be facing the neighboring properties, which changes the perceived height of the structure. However, the proposed height of the solar energy devices will not exceed the allowable roof height of the Two Family Residential District. Prior to recent regulations amendments, solar energy devices were not permitted to exceed the height of the ridgeline. The Vail Town Council amended the regulations in May 2011 to provide flexibility and allow solar energy devices to exceed the ridgeline by up to one (1) foot. Further, the requirement that solar energy devices be a minimum of two (2) feet from eaves was repealed, which eliminated the need for an additional variance for this proposal. The Vail Town Council discussed the ridgeline issue at length, and stated that the intent of the regulations was to not create new perceived ridgelines in order to protect the neighborhood from negative impacts. Staff finds that the proposed variance would create a new perceived ridgeline and thus, does not meet the intent of the regulations. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff finds that the proposed relief from the one foot above ridgeline regulation is not necessary to install a solar thermal system. While the proposed system provides increased efficiencies and increased hot water generation, the height variance is not Town of Vail Page 5 necessary for the installation of a different size solar thermal system. The applicant provided the panel cut sheets (see Attachment C), which shows that smaller panels are available. If the applicant installed smaller panels, a variance would not be necessary. No other solar arrays have been installed within close proximity to the subject property, so there are no comparable properties to ensure uniformity of treatment. However, there have not been any other variance requests for solar energy devices within the Town of Vail. Further, solar energy devices have been installed throughout the Town that are flush to the roof. While there may be a limitation in solar access on the site, no formal studies have been provided to depict that solar access is limited. Due to the availability of different sized solar thermal panels, Staff believes a variance would be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the requested variance will not have any effects on light and air, distribution of population, transportation and traffic facilities, public facilities and public safety. However, the requested variance would have a positive effect on the gas and /or electric utilities, which would have a reduction in output due to the proposed alternative energy systems. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Staff finds that the requested variance does not comply with the purpose statement of the variance regulations. Specifically, the regulations state "cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance." The applicant is requesting a variance because the solar energy devices were purchased and installed without permit, and now the applicant does not wish to purchase new compliant solar energy devices. The applicant has shown that smaller panels are available, and Staff has determined that a variance would not be necessary should the smaller panels be utilized. Staff does not support variances that are requested out of self- created circumstances. VIII. STAFF RECOMMENDATION The Community Development Department recommends denial of the request for a variance, pursuant to Section 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 extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to deny the variance request, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 6 "Based on the evidence and testimony presented at this hearing and the review criteria in Section VII of this memorandum, the Planning and Environmental Commission hereby denies the request for a variance, pursuant to Section 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 extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. " Staff's 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 deny this application, Staff recommends the Commission make the following findings: "Based on the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is not warranted for one or more of the following reasons. a. The strict or literal interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are not exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Response to Review Criteria C. Architectural Plans D. Solar Thermal Panel Cut Sheets E. Site Photo F. Letters from neighbor Town of Vail Page 7 Bighorn Subdivision Fifth Addition, Block 7, Lot 96, Unit A (4 9 9 8 Meadow Drive) 5u01ect CropMy ina.i..f a+b br�A�.•n+w ra8 ice. u wpw4y..p�..,y ri. ionM Widew,d.�..VU. w..-r } :i '0i; 1,99 MMiRed Jme 23, 20 11 TOtOflF Vld. Attachment B: Applicant Response to Criteria and Findings Dear Rachel and PEC, In addition to the original letter submitted for Warren Dean's solar variance, please find below points that specifically address your criteria and findings (inserted in blue). At this point, I believe the only variance left in this system is the fact that it extends 2' (east side) to 3' (west side) above the roof apex, versus the 1' specified by the new ordinance. Per our conversation this morning, please note that I await your pdfs to satisfy your request for additional drawing of the panels on the side views. Best regards. Laurent Meillon Capitol Solar Energy, LLC Harvesting sunlight since 1982 Criteria 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: The panels offer very little additional visibility when compared to the large Duplex home they are on, or the huge hill that lays south of it. They constitute a small detail which makes no fundamental change to the current situation. We believe neighbors are upset by the overall size of the duplex, and are using the solar panels to express their feelings. See attached picture of the building (taken from the street. We did not dare step on the neighbor's property - Mrs Dean, who shares the same last name by coincidence - to show her view, which is even more remote) and architectural plans for a better appreciation of the visuals. I will be glad to present this in more detail at the variance meeting. Criteria 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: This is a solar thermal system. It does not throw energy back into the grid. It stores the energy on -site for one main purpose: space heating. Colorado's azimuth is 40 degrees (this is the average angle of the sun. The azimuth moves and is greater in winter). Traditionally, space heating panels are mounted at 40 degrees or steeper (up to 65 degrees) for optimal performance, and the current request at 35 degrees is already a compromise to accommodate neighbors. The roof is narrow from north to south, and the mountain to the south of the home is enormous - these aspects requiring the panels to be where they are so they are hit by the sun during the space heating season. The two Nearby systems visible from the highway (when driving in from the East) are mounted at 55 to 65 degrees, despite the absence of solar access issues. This system is in a remote part of East Vail, and will only be visible form adjacent neighbor properties, as a small object on top of a large duplex home. This is the first solar thermal system which may go in Vail in several decades, and the renewed focus on solar energy solutions is relatively recent, so it's difficult to discuss uniformity in the town. Note that the East side of the array does not extend more than 1' above the adjacent higher N -S Apex to the East. Also note that the other Duplex Unit sits North of the west half of the array, making most of the panels invisible from most of the rather distant street. Criteria 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. Applicant Response: The system will greatly reducing burning of natural gas at this residence, eliminating seven thousand pounds of CO2, plus associated other toxic chemicals, from being released each year in this neighborhood. This in turns improves the air quality of those living and breathing around this home. Criteria 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Applicant Response: The current ordinance, although an improvement in the right direction, remains in contradiction with state law - starting with the 1979 CO Senate bill 133 - section 38 -30 -168: "Unreasonable restrictions on solar energy device void: ... Any covenant, restriction, or condition contained in any deed, contract, or other instrument affecting ... any interest real property solely on the basis of aesthetic consideration which effectively prohibits or restricts the installation or use of a solar energy device, is void and unenforceable." It contradicts several of the other 57 renewable energy bills passed in the last 4 years in the CO legislature, as well as several Federal orders and priorities to free ourselves from fossil fuels and its geopolitical, economic and ecological consequences. Please not that our new Governor has already signed a new solar Act this month of June, the "Fair Permit Act ", which caps residential solar system permit fees to $500 in aggregate, and that this Act had passed through both chambers with an overwhelming bi- partisan support. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. Applicant Response: This system was designed and sold prior to the first ordinance coming to light. The custom 4' x 8'x 5' high solar tank in the mechanical room was inspected by the town of Vail prior to the ordinance's existence. This home is a close as it gets to the mountain, and as remote as it gets from the center of Vail. These factors combine to form a unique situation for this home owner. Refusing this variance would single out this homeowner, who took the courageous decision to install a solar device on a home with objective challenges for sun access. Solar thermal came as a second thought, because the home was not suited for soalr PV in the first place. This was determined through a Pathfinder analysis (a $2,000 solar access computation device) by Active Energies (an energy consultant and the main solar PV installer in the Vail valley). This pathfinder analysis was used to determine placement of the solar thermal panels on this roof. Since the beginning of our involvement in the solar industry 30 year ago, the impossibility to complete this system since over a year ago constitutes a unique situation not only in Vail but in the whole State. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Applicant Response: This system improves air quality for the neighbors. If most homes in Vail did the same improvement, it would reduce 70% of all natural gas emissions in the town of Vail - tens of millions of tons of CO2 each year! 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. Applicant Response: Please see paragraph 131. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. Applicant Response: Please see 131 as well. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. 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EE� D a v; d B e a d I , L d p h j t t �mc PROJECT: DRAWN BY: 08 DATE: 0414JN PERAN REVISIONS: IIJIMMIN L3 Solar System Design East Vail Side View option 1 Proposed Or Side View Option 2 Previous mount 1 0/23/09 plan 1 0 Q) /0 (S a Q "r � I 9 1F AURORA Solar Collectors by Solene?"" 4UH SOLAR IOLLECTO RS BW SOU NE' TECHNOLOGICALLY ADVANCED ENGINEERING FOR MAXIMUM PERFORMANCE AU RORA 5Dlar Collectors are the rnost technologicaliy advanced collectors or) the market today. A features the highest quality materials & state -of -the -art engineering to provide maximum efficiency & durability you can depend on for years to come. AURORA collectors are environmentally friendly, non polluting and reliable in any environment. AURORA panels are the most important component of any solar water heating system, producing dependable results under any weel conditio i 8 4 G 6 71 9 5 1. Absorber Plate Utilizing a state -of -the; -art ultrasound weld, copper fins and risers provide superior thermal connectivity between the fins and risers. Revolutionary coating is block chrome on nickel, producing a premium selective surface with mcximum efficiency for solo renergy use. Absorbability = 0.95 Emissivity = 0.12 2. Tubing Gr id 3/8" copper risers are brazed to 1„ capper mainfolds for optimal flow distri6ulion. 3. Ptping Connection Four 1' Type M capper tubes. 4. Aluminum Fail Atioched to the iasuloon, ads as u banner against out- gosing. S. Solar Glass Glazing A single pane of 1/3' thick solar glass is potterned to reduce reflection a nd tempered to mvximize strength and durQbility. `Iran oxide content: 0.03% "Solar tmnsmittdrrce: 9196 8. Back Plot& Rbergloss Backing: Reduces torgce in the frame, is lightweight and aliminotes the possibility of any electrolysis issues for maximum benefit. T. Insulation 1 - 311 6" palyisocyanurate foam cast under and around the side of the absorber plate, retains the heat o the water in the coll ector. DFC -free P.U. meets U.S. and European standards. 8. Casing All aluminum extrusion casings create a sleek Immewall. Unique extruded profile allows easy anchoring to the roof �shingle tile, tor) c callector stands, 9. Caskets All- around EPD gasket. Highly resistant to temperature differences and UV radiation. Absorbs the differential expansion of frame and glaLirg. S 0 1e,Vlo The hest investment under the sun! 54LAK NO. WA7 LR 5"5 M5 AURORA Solar Collectors by o lene' S PECIFICATICNS AND FFFICIFN IF Models General Specifications Gross Area ,sq. ft.) Net Aperture Area Isq. ft.) Ratio filet /Gross Area Length (in.) Width (in.) Thickness (in.) Weight (lhS.) Fluid Capacity ,gal.) Recommended Flaw Rate Test Pressure (psi) Operating Pressure (psis Efficiency Ratings 31.7$ 30.53 0,95 96.48 47.4` 3.96 105.8 1.05 0.6 300 145 Clear D ay Mildly Cloudy C loudy Day ak AURUHA SOW {OLLEC ORS tV 54IEHI" 40.38 37.44 035 1 17.96°f 47.4" 3.96 132.2 1. 0.7 300 145 Proposed Option Clear Day Mildly Cloudy Cloudy uc A ( - 9° Fd� 41.1 34.8 23,7 6.5 42.7 29.0 E (9° F) 41.3 30.7 18,9 50.7 36.9 23.2 C (361 F) 34.5 23.5 12,6 42.4 28.8 15.4 D (90° F 22.4 12.4 3.3 27.6 15,3 4.1 E (144 °F) 12.0 4.1 0.0 14.9 5.1 0.0 Effi6enry E q ua 6 c n ; NOTE: Based on gross afea find M=Ti -To j) 5 i UNITS. q= 01820 - 4,28290 (P)A - 0.00484 M'''I I P UN r1=0.7820 - 0.7544 (P)/I - 0.0005 (P)I.A Y INTERCEPT SLOPE 0.8 -4.6 Wlml o C 0.8 -0.6 Btulhr.ft -.° F Fftieiercy Fqualion [NOTFr Based on grass area and (P) =Ti Taj] 5 I UNITS: q= 0.7849 - 4.28950 (P]II - 0.00464 (P) 1 P UNITS: it= 0.7840 -01540 (P A - 0.0005 (P)� /l Y INTERCEPT SLOPE 0.8 -4.6 W /rn C 018 4 8 Btu /hr.W ° F Ti = Wular temperoture (T out - T in F Tin = Arnhient temperature F I= `solar radiation BtulhrV S o I e, no SOLAR HOT WATER SYSTEMS FSE QG -100 Collector Approver~ MAdo In U19A 950 Sunshine Lcne Altcamorite Spr.ngs, FL 32714 Toll Free 1 -566- 902 -0060 ww.solene- usa -com I 1 T � } L IL 1 J i t L . 1 1 1 J L- 1� , � J i � r 9d L m • , h�l 7 1 ti. �j - . r r 1 1 L L y i 9 liar I� At - June 20, 2011 To Town of Vail Community Development Thank you to George Ruther for the E -mail update May 3 regarding Ord. #5, solar energy device regulations. I understood you recommended that solar energy devices would only be permitted at or below the roof ridgeline of Vail homes. We are sorry the Town Council chose to allow the panel to extend a foot above ridgeline. The Ord. #5 was changed and is again receiving a request to change it further by variance. Warren Campbell told me by telephone that is it necessary to have a letter of L roes in your office by June 21; I am enclosing a copy of our letter of -,- Vct6ber`8, 2010 which gave opposition to this variance. We are still opposed to this panel being placed in our view of the forest and mountain. Because of this owner mounting the panel without permit, we know what a distraction it will be, unless the final panel is even larger (the letter you sent the neighborhood just specified "higher than one foot above building ridgeline"). This panel won't even be visible to the owner of 4918 Meadow Drive when they are inside their home. Besides us, the panel will be visible to others in the neighborhood, and we have been asked to register opposition. I know there must be some sympathy for this owner's expense in purchasing the equipment needed, but hope this will not influence your decision. We will E -mail Town Council further protest when we see it on their agonda, and thank you for your consideration. (Jim) and Jeannine Robbins C 4948 E. Meadow Drive P.O. Box 1127 Jeannine day phone 476 -1713 t Enc L TOV Community Development Department October 18 , 2010 75 south Frontage Road Vail CO 81657 Attn: Bill Gibson Thank you for your letter regarding a review for variance of town code fo r placement of solar panels above roof ridgeline at 4918 E Meadow Drive, side A. Thi s lot is between our home and an amazing mountain. My husband and I have lived at 4948 E Meadow Drive since spring 1979. We are full -time residents. There are real estate ads selling homes with a beautiful view of distant mountains. Our home not only has a wonderful distant view, but most of our back and side lot is adjacent to BLM wetlands and forest. Only the home at 4918 E Meadow is between our front side lot and this grand mountain. Living here is a dream come true, where we find sanctuary in the trees and the mountain. In May 2009, as you know, the single family home located on the wetlands at 4918 E Meadow was removed and a large duplex was built. It is an attractive building; however, earlier this summer a solar panel was installed on the south roof of home A, at the rear of the lot, adjacent to the mountain. It was mounted a few feet above the roof ridgeline and was a very unpleasant distraction of our view of the trees and the mountain. Our window was a frame around the panel and the view from our kitchen was just plain annoying. It was also visible from our decks, especially the highest one which is used daily in nice weather. Perhaps the potential buyer of side B might also be offended; will the opportunity to comment be given them? The Town of Vail is considerate of us in East Vail; through lean times you resisted selling the property of our fire station. These first responders saved Jim's life in 2006 when he had no pulse and had quit breathing. Again the firemen came in 2008 when E -coli brought Jim down; also, the town keeps Bighorn Park immaculate and the dog park is much loved. We don't have a dog but share in others' joy. The park has been there for our children and later, the grandchildren when babies - -and now as high school students. We have always had excellent snow removal on our streets, free bus service, and a code to keep the neighborhood consistent; for instance,the recent rule to keep solar panels below roof ridgeline. (It was good the first huge satellite TV receiver in E. Vail hidden under a big, white yard umbrella didn't "catch on" and receive approval for dozens of homes!) We are very thankful for all you have done for us. Your letter was no surprise to the neighborhood as the frame for the panel was again placed on the roof above ridgeline, and September 24 a truck delivered equipment which might be part of this system; so we expected a request for variance. When you do your site evaluation, we hope you will notice how close this roof is to the moun- tain. Right now the sun is behind the mountain before 5 p.m. and as autumn progresses, about 1:30 by that home. Is solar effective adjacent to conifers and the mountain? We also hope you will envision the panels above ridgeline on other homes, as this will surely reverse your recent code for others that request variance - -from East Vail to Intermountain. No doubt other homes were built adjacent to elevation without placing the south roof in a more sun- friendly location on the lot. We do not object to panels below ridgeline; certainly if effective on that lot, the panels could help to heat the home, hot tub and driveway. However, it is just plain rude to mount this distraction above the roof for others to see daily, especially since it is not even visible to the owners of side A. Their "green" would impact our view of green; therefore, if we had a vote, it would be to oppose the code variance. Sincerely, MEWED TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 27, 2011 Memorandum SUBJECT: A request for the review of a preliminary plan and a final plat, pursuant to Chapter 13 -3, Major Subdivisions, Vail Town Code, to allow for amendments to the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch, and the creation of Parcel G and H of the Residences at Briar Patch for the purposes of preserving open space and mitigating high severity rockfall hazards, located at 1446 Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378 Sandstone Drive /Lots G2, G5, and G6, Lion's Ridge Subdivision Filing 2 (Residences at Briar Patch), and setting forth details in regard thereto. (PEC110034) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The applicant requests that this item be tabled to the Planning and Environmental Commission's July 11, 2011 public hearing. TOWN OF i HAIL TO: Planning and Environmental Commission FROM: Community Development Department Memorandum DATE: June 27, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary /Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC110028) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The applicant, Town of Vail, is requesting a land use category change from Low Density Residential to Open Space and a zone district boundary amendment, from Two - Family Primary /Secondary District to Outdoor Recreation District, for the Town of Vail owned property located at 2846 Basingdale Boulevard. The subject property is the site of the Ruder family cemetery. Based upon Staff's review of the criteria outlined in Section VII and VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of these applications subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, is requesting a land use category change from Low Density Residential to Open Space and a zone district boundary amendment, from Two - Family Primary /Secondary District to Outdoor Recreation District, for the property located at 2846 Basingdale Boulevard. The subject property is owned by the Town of Vail and is the site of a pioneer family cemetery. This is the only cemetery located within the Town of Vail. The subject cemetery has approximately ten marked graves with the most recent from 1973. A vicinity map (Attachment A) and photographs of the site (Attachment B) have been attached for review. III. BACKGROUND In the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek. A family burial site was established on the Ruder's ranch. The location of this cemetery is today known as 2846 Basingdale Blvd. /Lot 1, Block 9, Vail Intermountain Development Subdivision. This is the only cemetery located within the Town of Vail. The Ruder cemetery has approximately ten marked graves with the most recent from 1973. There is documentation in the Town's archives that cemeteries have been the subject of public debate in Vail since at least 1971. Over the years there have been several advisory committees, studies, master plans, and etc. discussing cemetery related issues in Vail. Vail Intermountain Associates, which included members of the Garton family, subdivided the subject property through the Vail Intermountain Development Subdivision Block 9 final plat on August 30, 1972. This plat was reviewed and approved under Eagle County jurisdiction. As early as 1974 there was discussion about the Town of Vail taking over ownership of the subject cemetery. Attached for reference are two letters written by Robert Garton to the Town of Vail in 1974 (Attachment C). In 1985, the Town of Vail initiated the process of developing a Comprehensive Plan for Vail. This Comprehensive Plan included several elements including the Vail Land Use Plan, the Vail Village Master Plan, and master plans for Ford Park and Donovan Park. On November 18, 1986 the Town of Vail adopted the Vail Land Use Plan. This plan has been amended several times since its original adoption. A letter dated January 13, 1987 from the Community Development Department to the Vail Town Council indicates that discussions and decisions about cemeteries in Vail were intentionally delayed until after the completion of the Vail Land Use Plan (Attachment D). The subject property, along with other areas of Intermountain, was annexed into the Town of Vail on June 24, 1987. After several years of public debate, the Town of Vail adopted a Cemetery Management and Master Plan in 1993 which recommended that a community cemetery be constructed at Donovan Park. The subject property was considered and rejected as a location for a future community cemetery. This plan received recognition and awards Town of Vail Page 2 from the Colorado Chapter of the American Planning Association. However, the plan was later rejected by Vail voters in a non - binding election in 1995 and the plan was never implemented. On June 26, 1991 a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of the subject Ruder cemetery property from Vail Intermountain Associates to the Town of Vail. The subject Ruder cemetery was the subject of articles in the Vail Daily Newspaper in 2002 and 2006. Although the image quality of these articles is poor, they have been attached for reference (Attachment E). In 2003, the Town of Vail approved, and donated land for, the construction of a memorial park in East Vail. During the review process leading up to that approval, several properties, including the subject Ruder cemetery, were considered and rejected as a location for a community cemetery or memorial park. The Vail Memorial Park was completed in 2004 and "serves to honor the lives of the many people who have defined Vail through the years." Earlier this year, Bob Ruder, local resident and descendant of Jacob and Mary Ruder, approached the Town of Vail with concerns about preserving the existing Ruder cemetery in a naturalistic condition into the future. At that time, the Town of Vail recognized that the subject property was zoned for residential development, and a rezoning of the property to one of the open space and recreation districts should be pursued. IV. APPLICABLE PLANNING DOCUMENTS There is no mention of the subject property in the Town of Vail Comprehensive Open Lands Plan. Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth /Development 1.1 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. Town of Vail Page 3 Chapter VI — Proposed Land Use (in part) LDR — Low Density Residential. This category includes single- family detached homes and two - family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional / public uses permitted would include churches, fire stations, and parks and open space related facilities. OS — Open Space Passive recreation areas such as geenbelts, stream corridors and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included in this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional /public uses. Title 12, Zoning Regulations, Vail Town Code (in part) Article 6 -D: Two - Family Primary /Secondary District (in part) Section 12 -6D -1: Purpose. The two - family primary /secondary residential district is intended to provide sites for single - family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary /secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 8 -13: Outdoor Recreation District (in part) Section 12 -88 -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. V. SITE ANALYSIS Address: 2846 Basingdale Boulevard Legal Description: Lot 1, Block 9, Vail Intermountain Development Subdivision Zoning: Two - Family Primary /Secondary District Land Use Designation: Low Density Residential Town of Vail Page 4 Mapped Geological Hazards: None Lot Area: Approximately 0.216 acres VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential Two - Family Primary /Secondary District South: Residential Two - Family Primary /Secondary District West: Residential Two - Family Primary /Secondary District East: Residential Two - Family Primary /Secondary District VII. LAND USE PLAN CATEGORY CHANGE CRITERIA Before acting on a land use plan amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. How conditions have changed since the Land Use Plan was adopted. As indicated in the attached 1987 letter from the Community Development Department to the Vail Town Council, the public discussions and decisions about cemeteries in Vail were intentionally delayed until after the adoption of the Vail Land Use Plan in 1986. The Vail Land Use Plan applies the same Low Density Residential category designation to the subject Ruder cemetery as it does to the surrounding residential properties. As indicated in Section III of this memorandum, there has been ongoing public discussion about cemetery related issues in Vail since the adoption of the Vail Land Use Plan. The subject Ruder cemetery site has been considered, and rejected, as a site for a future community cemetery on multiple occasions. While the Vail Land Use Plan includes the subject site in the Low Density Residential category, Staff does not believe the existing Ruder cemetery site should be the location of future residential development. Instead, Staff believes the subject site should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the description of the Open Space plan category than the Low Density Residential plan category as outlined in Section IV of this memorandum. 2. How the Land Use Plan is in error. As indicated in the attached 1987 letter from the Community Development Department to the Vail Town Council, the land use category designation for the subject Ruder cemetery was not addressed during the adoption of the Vail Land Use Plan. 3. How the change to the Land Use Plan is in concert with the Plan in general. Town of Vail Page 5 Staff does not believe the existing Ruder cemetery site is the appropriate location for future residential development, but instead Staff believes the site should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the description of the Open Space plan category than the Low Density Residential plan category as outlined in Section IV of this memorandum. VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. The subject Ruder cemetery is currently zoned Two - Family Primary /Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. Staff does not believe the existing cemetery use is consistent with the residential development purposes of the Two - Family Primary /Secondary District as outlined in Section IV of this memorandum. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. Staff believes the existing cemetery is consistent with the open space and passive recreation purposes of the Outdoor Recreation District as outlined in Section IV of this memorandum. Therefore, Staff believes the applicant's proposal meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. As identified in the criterion above, the subject Ruder cemetery is currently zoned Two - Family Primary /Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. The applicant is requesting that the subject Town of Vail Page 6 property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. The Ruder family cemetery existed on the subject property long before the Town of Vail or the surrounding residential neighborhood was developed. Staff believes the existing cemetery has been, and continues to be, suitable to the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter its suitability. Therefore, Staff believes the applicant's proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. As identified above, the Ruder family cemetery existed on the subject property long before the Town of Vail or the surrounding residential neighborhood was developed. Staff believes the existing cemetery has a harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter this relationship. Therefore, Staff believes the applicant's proposal meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to designate the subject property as Open Space. Similar to other public parks and public open space properties in Vail, the applicant is proposing to rezone the subject property to one of the Town's open space and recreation zone districts. Similar to other public parks and public open space properties in Vail, the applicant is proposing that the subject property be zoned differently that the surrounding neighborhood. Additionally, the subject Ruder cemetery is the only cemetery located within the Town of Vail. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning. Instead, Staff believes the proposed rezoning serves the best interest of the community as a whole. Therefore, Staff believes the applicant's proposal meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Town of Vail Page 7 As identified in this memorandum, Staff does not the existing Ruder cemetery is an appropriate location for future residential development. The subject property currently functions as open space. Staff believes a rezoning of this property from the Two - Family Primary /Secondary District to the Outdoor Recreation District will continue the positive impacts of this open space on the natural environment. Therefore, Staff believes the applicant's proposal meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified in this memorandum, the subject Ruder cemetery is currently zoned Two - Family Primary /Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. Staff does not believe the existing cemetery use is consistent with the residential development purposes of the Two - Family Primary /Secondary District as outlined in Section IV of this memorandum. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. Staff believes the existing cemetery is consistent with the open space and passive recreation purposes of the Outdoor Recreation District as outlined in Section IV of this memorandum. Therefore, Staff believes the applicant's proposal meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As identified in this memorandum, the public discussions and decisions about cemeteries in Vail were intentionally delayed until after the adoption of the Vail Land Use Plan in 1986. The Vail Land Use Plan applies the same Low Density Residential category to the subject Ruder cemetery as it does to the surrounding residential properties. As shown on the Town of Vail Official Zoning Map, the subject property is zoned Two - Family Primary /Secondary District consistent with its current Vail Land Use Plan designation. The subject property is located within the same Two - Family Primary /Secondary District as the surrounding residential properties. As indicated in Section III of this memorandum, there has been ongoing public discussion about cemetery related issues in Vail since the adoption of the Vail Land Use Plan. The subject Ruder cemetery site has been considered, and rejected, as a possible site for a future public cemetery on multiple occasions. Again, Staff does not believe the existing Ruder cemetery site is the appropriate location for future residential development. Instead, Staff believes the subject site Town of Vail Page 8 should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the stated purposes of the Outdoor Recreation District than the Two - Family Primary /Secondary District. Therefore, Staff believes the applicant's proposal meets this review criterion. 8. Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. IX. RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary /Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space, and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary /Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections VII and VIII of the Staff memorandum to the Planning and Environmental Commission dated June 27, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds. Town of Vail Page 9 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Vicinity Map B. Site Photographs C. Robert Garton letters from 1974 D. Community Development Department letter from 1987 E. Vail Daily Newspaper articles from August 19, 2002 and October 23, 2006 Town of Vail Page 10 0 0 h E v cQ cD Lot 1, Block 9, Vail Intermountain Development Subdivision (2846 Sasingdale Boulevard - "Ruder Cemetery ") " r C =` a v 0 m a M , r�, �r e.�,.d ..,.r��...v�ra. �I��Feel ,«,- 4„��.....s,,.�aw.on,,.o �.o .a,..o ,.�....�,�- ,...�.,, A 0 25 50 100 LB51 MOSIb6 Mgy 14,1011 N N CD m d ■il E U Ca i O O H Attachment C INTERMOUNTAIN ASSOCIATES 0 MCC: MIL4 CR @FK COU R7 P. O. BOX 765 VAIL., COLORADO 51857 478.5675 GF RALPARTN[R8: A0SV. T is 6ARTON. JP_ DAVID GARTON. JR. TIMOTHY R. GARTON ART UR K. KELT H. JR, July 25, 1974 Dear Chapel Board Members, Town Council Poople, Mr. Mayor, - Town• Adrainistzators, Rev. Simonton and Anyone ,Else Interested- This letter is to inform you that there is one item on the Vail market which has not been affected by inflation= the cometary; the price Is still zero. As you know, the cemetery is too small, it cannot serve as the permanent Vail cemetary, we are already in a cemetary district, etc.; however, at this time it is the vain cemetary_ As such it should be owned, maintained, and operated by some public body (no pun intended) . Your thoughts and ideas are solicited. sincerely, Robert E. Garton, Jr. Cc: Mayox John Dobson, Dr, Thomas Steinbezq, Mr. .john Donovan, Mrs. Warren Klug, Mr, Joseph Langmaid, Mr. Joseph Stauffer, Mr. Gerry White,' -Irs, John Dobson, Mr. Ernie Brown, Mt. Stan Bernstein, Mr_ Terry flinger, Rev. Don Simonton. RSG/fc Town of Vail Page 13 Dace 2, 1979 Attentic;n; The Honorable Mayor, Councilmen & Vorcan, Town Manager and virector of Finance For yrnir records, ? have includt d a copy of a lettcr trap the Vail Religious Foundation, which is self explanatory. As usual I am unable to resist a fear comments. Should a tragedy happen, which is inevitable, the folloNi q will .cccur. The bereaved will hays to telephone around town until the location and ownership of the cemetery is four-1. When I %,dll receive a tali asking ior•penmissi,on to have a. plot, which T Hill, of coarser, grant. Then myself or the bereaved will have to locate a backhoe and laborers to do the work. Following interment the family may remain concerned about the future of the cemetery. The above occurrences obviously do not make a tragedy any easier for the unfortunate family to bear. Either the Town, or another public group, will eventually owin a cemetery. There is no reason why owning two areas is any more diffic:slt than owning one. The Town has digging and maintent.nce egulptsent available. T :1ere would be no begging for plots, and the rtsicents Trill be assureexA that the area will remain a cemetery in perpetuity, (Which it will anyway, but not everyone may believe that)_ I am sure you are all sick and tired of this subject, but i do hope y012 will keep the problem in mind and agair. reconsider the Town's position. Sinoerel.y, /f cel RoSprt E. Garton, J�-_ RGjsw En;. 0 Town of Vail Page 14 INTERMOUNTAIN ASSt7C)A T F,.S OFFICE: M$U. CFr C09RT P. o. Box 705 ve.Ei, coLowaAa aias7 476 -5675 �(YfRAt �AR�Fii E: NY8[R: ¢ CiART�1R, 1R. MAWS ;,ARMN. JR. MM.O Y N. 6XAT7N MMMUR M KIr LM . Mz Dace 2, 1979 Attentic;n; The Honorable Mayor, Councilmen & Vorcan, Town Manager and virector of Finance For yrnir records, ? have includt d a copy of a lettcr trap the Vail Religious Foundation, which is self explanatory. As usual I am unable to resist a fear comments. Should a tragedy happen, which is inevitable, the folloNi q will .cccur. The bereaved will hays to telephone around town until the location and ownership of the cemetery is four-1. When I %,dll receive a tali asking ior•penmissi,on to have a. plot, which T Hill, of coarser, grant. Then myself or the bereaved will have to locate a backhoe and laborers to do the work. Following interment the family may remain concerned about the future of the cemetery. The above occurrences obviously do not make a tragedy any easier for the unfortunate family to bear. Either the Town, or another public group, will eventually owin a cemetery. There is no reason why owning two areas is any more diffic:slt than owning one. The Town has digging and maintent.nce egulptsent available. T :1ere would be no begging for plots, and the rtsicents Trill be assureexA that the area will remain a cemetery in perpetuity, (Which it will anyway, but not everyone may believe that)_ I am sure you are all sick and tired of this subject, but i do hope y012 will keep the problem in mind and agair. reconsider the Town's position. Sinoerel.y, /f cel RoSprt E. Garton, J�-_ RGjsw En;. 0 Town of Vail Page 14 Attachment D 0 S MEMORANDUM TO: Town Council FROM: Community Development department DATE: January 13, 1987 SUBJECT: Cemetery Committee In late August of 1986, the Community Development Department and the Town Council discussed the possibity of utilizing a citizens committee to assist in the research and development of a cemetery located within the Town of Vail. At that time the Land Use Plan was still in process, and a decision was made to delay any further discussion on the cemetery committee until the Land Use Plan was completed and several site alternatives were chosen. The Land Use Plan is now completed and the Community Development Department is preparing to move forward with research and development of the cemetery issue. The attached memorandum dated August 26, 1986, briefly discusses potential composition and roles of this committee. Since that time we have received correspondence from the Vail Religious Foundatior indicating that the following people would be willing to participate on such a committee, E4-Dx-o Cjssy Do bson, _QQm—SimQmton. and � jLLX Johnsto In addition to these volunteers from the Vail Religious Foundation, Lou M eskiman has also notified our office that he would be willing to serve on this committee. We would request that a member of the Town Councj,l also be included within this committee. Our department has identified two options for proceeding with formation of the Vail Cemetery committee. Form a committee from among the interested volunteer citizens to date. 2 Actively solicit further volunteers from the community, formulate a list of these volunteers and choose a committee from that list. Upon formation of a committee and establishment of a role for the committee a schedule will be drafted and work will commence towards establishment of a cemetery within the Town of Vail. ?- C-.. - �CQ,11 o�n - Town of Vail Page 15 Attachment E Page A2 - Awnday, Aj,u5t 19. 2002 LOCAL & REGION THE VAIL DAILY 970.94EW555,rar dN1lY,.. Cleaning up a cemetery Scout's honor Eagle Scout ate weeds vu[ Ruder family's resting place, clearing oJt roots Of historic Vail with cleanup project By Geraldine Haldner u,n, sl,n W., ­ A .� 4h4111J.k•f +, hr4•w,up ,r+hrAJ um[ a [ew Inlnlrk fir :ur pUygiinp al.wl, due C.kkr L'abill'• eye art li - d wl the gnnlul, Skkrokwwnl Ily a dulal N &I, lfa hags lull • •d hrliw old .oral.. the + nit Eagk 1 t, Who ha, 4wd In Vail Al. of his 1E yeah. is mill id of whav h' i, ,IePpiug Ir nMing hi, rolr- It" o 1pn•1u1 Piece ol'.ud: Hr h. stewed to da,1 u1T I, nick• �L ­Irk in r ,o el w ru 11uin dK high. +, lank of 41k lkly Sieoka it , o,t iJyllk Iikk !w. �ornq.rJ by -ryvn.:ud kxJ: n4 by o ne,>;h �,rJ 4un -J„nn w,k,Jun IKki f ill ull .Irpa hvM14 l.relli , I k.lk ihk'fl V,�n li\ a hi• plmr liy whwl, hr !u. glw;ty. tell re.µ.,, I plxc hnlrkn by slrp. w -04 tsvn• I hm dkry m' Ihetl 1n nuke �n4. Ii. 014, An ­U pl.ec wire rowhkd by ,. IuidJlrtilo,. 1lrrsh- h+rikkal n£al4ull Ikr1Y, w1 vvialI hx,. R's the r,nty vnr in 11w wen 111 tiff rpod, "I would just walk ep -her srh,r,l. I u,uW ku altq: try arwl 1=1 f.. nk,nrni." wy, c:drill. a tank. asvl -ayrr whl»r errs a1>; I k.W l.r like lieu trd .,d 1a.drJ an.1� ,n Il: a 13w 1r 4d dis phw rood,•, o >_ iuj u1 rlu.rm ,lady o kw IrgliurrJ neigh• Rr, , e.k44 .,111.11,3 4• ho, nn wWe,liHp , [Irry 14 Iril. ihIl Ire „<rae Iu Ii,1r+t - 1kl' wtpl kr 1!a 14w11 wkl 111r fit w rngxr : ,:n, C.ddc1 Candr,�nkrhrr, Michele. aTr roi,lad 1 �v .,nl m hi. e] fu• w g.•+ .lrruaiwe h „w 1!k 11xr11 l„ do lkvliin_ '*o wdl k A Iti trlil 111 kl• Ihan. }r4 u li,.,, :u1J briny „ g1,k1p ra 1k4pk krgclh,•r:' rs r .n1Jl wale Iyk Ira• kiluinnain, •rf 31n 1•�glr Ss,1�i projnl. Tkr -.ply n4e !n fix V »v ,d v, Ws Cwwoueity 17esvlprnam l7eprohtlenl, is t.09J 'Ruder Cn11rhry,° 11” 11. wkly burial grerud left in vwl f m e1w clrly 1ldel.lent days, 11'v Ih4 ady rnlet-ry in Veil f n IIIh111Wler. An ndJiiy nkn has ri— this thin Ill. rcpulalilrk 4 being wr!'ul.ng to the wi>,r, 1 - 1 iwl paRiclrlurly u. ing to the+karl- Cuhdl soya Ike sew u krw,P.- I xr artw•k an the hi N Ira• fwgutten rmd"y and ,kti rdrJ the quiet 6Hr1u1 gnrrrd hr 11uJ grown vp with wu the parcel whjux7 f tr hie' .%smi ski d . "We look Rol mVN of aw IvWJ w for. amt wr tm wiring m-w tnrwd cv ry wilw. We err 47'!ug n, nwk the yuws. r1 dwy sle ri.1Wr rr prlylir wlk,,Oche rave olkl arli 1 k411]w where tray y. :' Iti tpliel4y, whik uI kis liiMll and leiluw 1.1y11 ale lu,y nrLi log die Ikw1r -bare „41. up hW%� and trra,linp t ar, ddrL gn.114l inlu n n.i trw 1 . nkw11 'fly k�W.•1 •.u.prt �id.'d n 4:x1 I„���t h - I.v, r.. k1.• r• •,y ld� 1'JII �krmtnn. � n.,l ru iu Jm. of iit rrlLlk nl InliElanh selllerl W the b..o or air unrolled a"niluill in urru Lewra w11y by the Grrr CrcrL M-1 Were l,i­ 1 x ilk G, U4 M. Ikolpl, arJ iw1a&J lxob And kA:. Awk . Rw1e And uw•kr .h+Wlv1. WI., vill Ilk h•,kW- •IeaJ ,1 ,11 r• in hlmownula irk. The - M,4 yr. r .W L ivrke,l pNn Ik„a. +at'eNdiM1b 1• -.rl Lk, .1rot :1.u•11.e 1C11W Nis n1 uu L 1: w kW11.. nd lak .hill I la RIkLi. ua4 .,Ivrw L�J roar,, :dralp Ilk gh,nng u hnnlr. ad lxH 1c•,I W­4 k•I +I w 4 4x1 ,k1w11 "n"', ,I", berue Ill' Inan n4wr11ain neiphbldlpt.l n kp, nnla husk had a $uwly dir. ul Ilk U11re CM.L. 'rhe gww brkns to i. yrur•trtd Whitney Hurkr, who napi.olly dnevrrd in like Gam Creek in 1771 lard Smlloel StesrnKal, a µ,yin,,% ,k, palndrel arkE a vulplirhW .ingrr �n,l yui- Raiat. who Bird ill a k%kim liol. arridrnl in 197 t. Siwr then Ihr xmelery hl, fallen into Ji.repair, 0k gh kwdar fwndy —.,h,- have v„i3- ed,mr the yc: urkl nwdr eff rna w ksvp the swirl Wlllium that Mary Anw Ruder placard of hky. Dr,pile bring the only burial gnkwd in Vail, ad µ»ribly use .d the 4U-y --IJ Inwn'r o,J Ihldmnk,, dq• vi glery 'njuys iltk par wlivn fnmt wn•Js and the erfnti, nr IN ekrnem,. Earth Ihr R• Wi ljnl )t111inp 1.1 dtr SM*.syaair -foot picce or I..d. owned by like Iowa, dl,re- sard tz human n„11rm.. Hal -tier thw k% 4f ,nH ocv.-Iot d caa. Culllll lurs a ,eard inheres[ in k.king the vpkwlmy look klhr .rid neat. 4.k Tar. Cahill rgmwtes h' ha, yae +u cl,ke m lin) loan, in pn•par lion rr dm aowul sl: :nngs,Ley. wlkk'Il.yhrred mer atnW ID 1111141 ri alWiu dif highe,l ­L of Iht Hoy S v l,. Cahill I— w "uaplac au L••lglc PRrynl herxe he 1s Ig. T7,. ph �. rut, war rkarrJ by ]m xwb nu,l'r Hn+u Mulwky nt Tnk,y ?31. will S'. is k1_ t tlulbn it rrr td I,aa1 Eagk Sc,kits unJ [keen b' rrY word on the tut weal evrl. - The P rH;rr1 hu, In rrlalik in, 1. but ,eve murk it n .hoot I1mknllip desrlopwou airttr lie has w orient,, Iwip allb wpervfar pa,pte ;' ,aye Makrnry who has k-11 C'u1Je, Cubi 11 rue three yuvn. Mahmey ­y, he liked C.hRI', pk ,p t from .1. von ..al think, k h.,, a b W vlr n% In fn'rrr a Csswuhk re.mw u rinel krler Ihi, full. 'It .s mkkrl I.•ally inlerr +ling. and 1 think k looks like u fun pnliesk ;' M-boay lays. Tlk,.sh Ihr cleanup is ahulni lini'lled. Ill. FAyw wl l d! K. yrl. "I'm planing 14lgellwl wl to dtw -col 11µ Colon ,lay,, ;riding that x•11cdd1- i11g a ukunup day rind sn-uriHs dr u. rcimintrnl, • r a gM-j 111 WJVa ri . 11x1• inlcn,isr dial 41 m eau ifAd tol I or I IW 1v1 I u+I Will ,euro I'.s Juuutrns in .,H1gr,,ri• - '()I, yeah.' lie R•spnd, .vhm asked if h<• will W. &, when the Cvpa'lely is -kuk rd, a re% jtalc if airkwd aid 4he 21 limit bAr,vS "I his f3rry ,S4YYt VMWl' wpp'J wim art F gk Ssvur nhb4n C if it w„ Hard 11 set dw•.n oil tusdher. Cahitl's hie 6 err VIII Ilhy -une•. - 1 Ihi+lk it 1s a wally • A Place and a saw! hku.' says I ! yrara,ld Zeb Mel M a tender r .owl- xab and hie 15 ye old loOdWr, Maw. and 12- ye -ok) Tom..' Layemr+ ­Mug rune and tress inb garbage bugs. Ard 15- year-uk Mivhwi Lipp-n, wirer b Wnrkitg un hn lawn fagtr P 1umt. is Ikrr.ning Ira hn4 of Ihr fuhusc limn Ihr M ciuraHSC Iv the ecwlery. `41', leech n hN W ..enlinc vur:' I.iq>Nn pi0dog up 44a moire e tar. ' - bur know n kl ti 't k.* y 1 uhumklned: I:drill plira4 the Hey &hoots K. w wt. 111 b--aw it sly, "vurrrrllrrl} 11c ­nerd to J1f' ,. Ile mrrn wlkr Jleai 1 hide like I: t Ill,p lugemal ,lPj ni Ull ha, Id y-d o his Pale in hk Hoy Svwei corer, which he lkfva will 'Hht11MR' in fl • 1ero1110- lii'ndly r; k1k .,f Faglr Seoul wmellinr law, 1hi, fal. ,le uR ,rayed witb a tweimw or Adicanrl pnnnl," %he z, whir' surveying the I— ugr boy, pn•Sq -.a- Heins 1 Huy $,.vul. Cahill .lay. Iron lavpn hr H1 mprrl,iwli• ty akk%w i lted xma f R1nlnlu- nity im olvcmrnr. The hibh x•hr.rl wilp". win play hair grnar in u lace t1t and likes h awry. lIle licit m , chuul, nays hr does " yct Is— whirl wollege detw hr Will punw•— "nnybr bu ,m ,s — but Ili' " - null r pcR- 'n.e. rvzwklle- of eAt-r vlhi r. rill `,tlwey, be gsald kir me in life" His 11f4Hlkr ugR•c,. w not Mlaricl about him. ilk k• u mJy p,.d kid :' ,hr 4y, <: .hfr'm'rM7rlmr rack+ 1161. aorl R1,1 Q# Sate. "nr ,rrr lred,d WW U!US nr. Eta, 1,e or yhuAhr,•rN ,rihGrrl4 :,,wr Town of Vail Page 16 U+ Qar,r.,, rru•.,ua 2eb 01141M MY, u -Wars the endefg LA; the Ruder Cmnutwy in Wy_+ v4c Page A2 - Monday. October 23, 2006 THE VAM DAILY °370 .949- 0555�valldatly -con' LOCAL & REGION The final resting places of the pioneers Small cemeteries still survive By Edward Stoner I miys-..IT WA IrFk VAIL -- 1'hc Cclrs hcticced Haaoxn.n wa. dw lime wl-cn die lisle hr wren Ilya liv - mg an-I d bluacd, the tine lu >aohvl advkc flan the sptls abrxd what the uh,< - entng xirnrr wraikl M like I lrrc in l ogle L'nunly, prthap, te h best pl_ fur ur- - h a ".nlwsrta Ike Lx x'in [IF i, high up Lim C'wrl. wNre a Find sign and -. ao: I..ks monk the gr,s.cs r>Q Ardrew :dal Ikut kern The R-cits spirit, Inight krw -x Aid atxxr the vici+ iwdcs of a Vail -Finer — pnnxkz days oa sheels of ice. grnputu tip, ar empty Uittes. rollicking apre ski or ngiened hmKsrn Iirc 5wxdisb -bon- kecens •amc to Col oradt- in 18 nail soon ai%wk at rich in the lY:yday of L;><Lxadri , sihw boons. aaairding k- May DIM Cliff troul's "TTe Vail Hiker. 1 hey then na,cled- paniai, arc and drank csua.agiraly until the le9l sdver eravh. %I n they a.at ah-uasl CYCryih nj;, for the rk.sl nwtpk of -tt+ t, wiril their ck�rh.. LWY livid in a cabin Fh- l whCM thCIF graves ate. h+uuinp and Yapping w fund enrwgh Aml, the grow., a - w the inlrrsecsiondl the (;lire cwk and Core lake trails. IlAli Ground the (3o Valley W the tljWk Valley arc savetal mall grase- yanb, ",: - -1 them (:unify crmetcriec, Ihat hold early wit kr,. fhe Ruhr family r •inmry -,its aimmg ski chahr, in Wit Wil M1 the land that lacxlb M Mary ktxlcr humeucadod in the law 180th. Tfx- Ruder tanuty still cares tur the cemetery. which has Axwt l0 graves. IncluJ• Ing Three 4 Jacob and Mary. Vail resident Iluk- Ruder Aid he view -, his fwnily cernctay x few t-mcs I year. "HetnF so close to Hallwren- I brought nsy n tllodn In case we Iced to mkt a quick cs It IFom ghls and goblins and all" Ruder seal when siwm•ing nck- xnicwn to %mac vt1 ikln. Im leart, he used a Io dust the sink' off tole Iw W, inx. 'Itic rrnxury• t. Imealf tillexl with Rulers, bur it Wl holds doe uroearked go,n of mrmhi ro of a tamily tY-ai worzied to be Lk- ❑ piW hontcstcadv^s In the We ILC1[Is, a tU&bAraf aril vsafe slen- the hume- sitadmg ph— fur the land. but Line. xUc and her d4ug6wr died in childbirth, Bob Ruder send. The ril wife a nehwth)nn were burkd Pixies gran true Ito! mill,wrf, in tiff cente- Ivey. he L&IA. Tlk- gnel :wtcken fxhcr left dia Line Valli WaMJvrrung Lt. hum w rigtu, w the ReFli Ihm pk%v of hind under Ili• Ins hmwm• dx• feniily a merry. Ruler said hr plans to he buried in the faun Fly ornlewly `I ..ay, Tkir n .nl la• rml mil Emil a'apex, and u's all 0K. sai(J . Scar htilier Ralw•h m Edwards is nlxaher +mill cVnVlfq Its graves tine among pinywt b ars and wjvc shun a hill medxJing the- 1=ngle Arvn. Many of lborsr hurled llxre dyed In the We I9m)s, and only a few gn-vcs have Ic n added since 1950, based w it- -ngnptWOs 11tere•. 3MAhel vnall hill em wrr that bukt. memltls -d the Hmt fenuty nn dt we•r .Ile :><Fa1x•arrh file centcicry has Iwo -teal r--.s•.t4 tea, c, and �wttnu-•i to kc uual hr lhi� Brill !aide. Nearby it the meauts of the sm irk1w a rell }e_M[ry,.'wpd. Wt hail I, got erase gt-mJt thee, a cenw- tee] 1114 J;*w km iL - Itserr' 1 Trewwry new the (k k] VA cernpg-outd up M.D take Creek. (wld Nkrk was a - I131 -liW4i xfining town dint Winkd nt dtr lk;u - wtten vAd *L Ll—vaW up lloencslake Creek. h-n quietly lwual. At its aprx, Cwfsl Part had a lx-x—ing mill along with hundreds of resi- dents, a pool office and Kr K 4Lim. nw* the grtrvcv in the cclncersy, hZCnnlmg to t ;rl l i Ea»d •y 1". Rmv wr huger C nxxcd, to Eagle CkAin -Y In Hid Chtr ar-d N.inn-m. • ,bleu • s slow iww nlom lmrk to last Vail, 1 1 - _I h,ra I lar vat h / +npr.aln :r :a'da �Ly.:am Bob Ruder tiles to toad a headstone at the Ruder family cemetery 1n 1ntelntountaln. The Ruder famlty's roots In Iho was data back to the Iste 190Gs- Town of Vail Page 17 -ro or.•a1 h t Fhorvalh�rmlgp.ly 111, Ruda, farnity cemetery has abort 19 graves In It and Is still malnta" by family mernbert:. Few grams have been added to one C n*tery In Edwards since 1950. Sane headflnnes date as far back as the late 19th cerrtury. Many of the small cemol des ]art In Fagla County are htmliy burial grounds where torridly members care for tho land and plan on being hurled tilers themselves. Some of the eematerles date heck to the We 118th century and hold the retrialis of soma of Eagle County's sliver prospectors, PLANNING AND ENVIRONMENTAL COMMISSION June 13, 2011 1:OOpm MWNOFYAI ` TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road W.- Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin John Rediker Pam Hopkins Michael Kurz Bill Pierce Henry Pratt Tyler Schneidman SITE VISITS 1. Lodge at Vail — 174 East Gore Creek Drive 2. Village Center Condominiums — 124 Willow Bridge Road 10 minutes A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110033) Applicant: Creek View LLC, represented by KH Webb Architects Planner: Bill Gibson ACTION: Approved, with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 5 -0 -1 (Pratt recused) CONDITION(S): 1. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Henry Pratt recused himself from this item due to a conflict of interest. Bill Gibson made a presentation per the Staff memorandum. The applicant was available for questions. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 2. A request for the review of a conditional use permit, pursuant to Section 12 -713-3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110032) Page 1 Applicant: Vail Fine Wines, represented by Allan Dibben Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Pratt VOTE: 6 -0 -0 CONDITION(S): 1. No outdoor display shall be permitted outside of the business at any time, except when associated with a special event permit or special business promotion permit. 2. Illuminated signs, such as neon, gas filled or LED lit signs, shall not be visible from the exterior of the business. Rachel Dimond made a presentation per the Staff memorandum. The applicant, Allen Dibben, noted that the shop has been in Beaver Creek and has never installed neon signs or outdoor displays. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 3. A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12- 7C-8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025, PEC110035) Applicant: Village Center Condominium Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 CONDITION(S): 1. This approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Rachel Dimond made a presentation per the Staff memorandum. Kyle Webb, the applicant's representative, noted he was available for questions. Commissioner Kurz noted that there was no correspondence from the neighbors and stated his concern about noise effecting the neighbors. Kyle Webb noted that the elevator equipment room was located below grade to mitigate noise. Commissioner Pratt asked the applicant to further clarify the location of utilities and how they affect the elevator location. Page 2 Kyle Webb described the utility locations and effects on elevator location. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 4. A request for the review of a conditional use permit, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for the construction of "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building ", located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto. (PEC110027) Applicant: Safeway Stores 46, Inc. Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Pratt VOTE: 6 -0 -0 CONDITION(S): 1. The approved display cabinet shall not include more than 3 square feet of signage, including emergency information, OSHA required signage and identification of the product. 2. No lighting shall be permitted as part of this permit application. Rachel Dimond made a presentation per the Staff memorandum. Commissioner Kurz asked for clarification about the number of proposed cages. Rachel Dimond clarified that there would be one cage. Commissioner Kurz asked if any noise would affect adjacent neighbors and asked about operation of the cages. Troy Shaklee, representing the applicant, spoke to the number of truck deliveries and explained how Safeway staff would assist customers with purchasing the tanks. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 5. A request for the review of a conditional use permit, pursuant to Section 12 -8C -3, Conditional Uses, Vail Town Code, to allow for the construction of "paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally located on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details in regard thereto. (PEC110029) Applicant: Town of Vail, represented by Gregg Barrie Page 3 Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 CONDITION(S): 1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Bill Gibson made a presentation per the Staff memorandum. Commissioner Pierce asked for clarification that the steps were not in the floodplain. Gregg Barrie, Public Works Department, verified the steps were not in the floodplain. Commissioner Pratt asked why the proposed steps were wood and not concrete. Gregg Barrie noted that the Town is working on a comprehensive creek access plan, but the Town wanted to install these stairs this summer rather than waiting for the completion of the plan. The wood stairs are inexpensive and easy to install. Commissioner Pratt asked if the stairs could be relocated under the bridge to be less visible. Gregg Barrie noted that rafts take -out in an eddy along the gravel bar adjacent to the proposed steps. There is no eddy to allow rafters to take -out under the bridge. Commissioner Pierce expressed his support for having rafting within the Town of Vail. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 6. A request for the review of a minor exterior alteration, pursuant to section 12 -713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110031) Applicant: Lodge Properties, represented by Mauriello Planning Group Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Schneidman VOTE: 5 -0 -0 CONDITION(S): 1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall provide mitigation for 0.97 employees through a fee -in -lieu payment or deed restricted employee housing unit, per Chapter 12 -23, Commercial Linkage, Vail Town Code, prior to issuance of any certificate of occupancy (temporary or final). Rachel Dimond made a presentation per the Staff memorandum. Page 4 Commissioner Cartin stated that he has no conflict of interest related to this item. Commissioner Hopkins departed. Allison Ochs with Mauriello Planning Group, applicant's representative, presented an overview of the proposal. Commissioner Pierce asked for clarification about the proposed awnings and the seasonal walls. Kyle Griffith and Allison Ochs explained the details about the materials and how they would be installed. Commissioner Pratt asked if the two spaces in the front of the building will be striped. Allison Ochs clarified that the parking spaces will be valet and are not currently striped. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 30 minutes 7. A request for the review of an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Applicant: Kathy Langenwalter, Peel /Langenwalter Architects Planner: Bill Gibson ACTION: Uphold the Administrator's interpretation. Recommendation for amendments to the Vail Town Code to apply both the garage and basement GRFA deductions to garages on the lowest level of a structure. MOTION: Kurz SECOND: Pratt VOTE: 5 -1 -0 (Hopkins opposed) Bill Gibson made a presentation per the Staff memorandum. Kathy Langenwalter made a presentation per the appeal. She distributed a copy of the GRFA regulations with highlighted sections supporting her argument. She noted that the purpose of the garage deduction was to encourage the construction of garages since they are not required by the Town Code. She identified that the regulations state that the garage gets deducted, then the portion of the lowest level below grade, including the garage if on that level, gets deducted. She stated that Rollie Kjesbo and David Viele, former PEC members, were present to show their support of Kathy's interpretation of the GRFA regulations. She further stated that Staff's interpretation was incorrect and created inequity among properties. She stated that she discussed this issue with two former council members who remembered the debate about only one level of a structure being allowed a basement deduction, but they did not remember a discussion about how garages on the lowest level are calculated. Page 5 David Viele, former member of the PEC, made a presentation regarding the calculation of GRFA at his home in 2005. He stated that his house was calculated using a third methodology. Rollie Kjesbo, former member of the PEC, stated that he was involved in the amendments to GRFA regulations. He said that the regulations intended to follow Kathy's appeal. Commissioner Hopkins returned shortly after the appellant's presentation. Commissioner Pierce stated that in his experience, the regulations have been consistently applied by Staff. He asked about the possibility of a negative GRFA on the lowest level. Kathy Langenwalter stated that the point of the amendments was to be equal not to be unequal. Bill Gibson added that the rules are applied the same, but the outcomes are different due to the different topography of lots. Kathy Langenwalter stated that the contention is with the deductions. Commissioner Pratt asked about how the below grade percentage is calculated with a party wall. Gibson responded that the below grade percentage is calculated by the exterior walls of the structure. Kathy Langenwalter stated that if you have to remove the garage from the lowest level, having a garage in that location is going to lower the basement deduction. Commissioner Pierce stated that the GRFA calculations should result in the same number for uphill and downhill lots. Commissioner Pratt stated that with David Viele's home, the deductions appear to have been applied using Staff's methodology. Commissioner Pratt stated the ordinance needs to be clarified, but that the Staff's intent is correct. He noted that the deductions appear to be listed in order, and the appellant's methodology was not the intended method. Kathy Langenwalter noted that the calculations should be the same for both uphill and downhill lots. Commissioner Kurz asked Kathy Langenwalter if she thought the intent of the regulations was to prevent garages from creating larger floor areas. Kathy Langenwalter stated that garages can exceed the deduction amount, which would counts towards GRFA. Page 6 Commissioner Pierce stated that inequity should not occur and that this inequity should be fixed. Commissioner Cartin express concern about lowest level counting as a negative GRFA number, and suggested that basement deduction be capped at 100% so the GRFA is not negative. . Commissioner Pierce stated that it is ok to have a negative GRFA in a basement because overall it comes from the total GRFA. Commissioner Cartin stated that the garage and basement are two separate entities and that are used differently. Commissioner Pierce stated that if you remove the deductions from total GRFA, it will remove inequities. Kathy Langenwalter stated that all levels get calculated together, then deductions occur. Commissioner Pratt stated that there are holes in the regulations, but Staff has applied the rules consistently. Gibson stated that Staff has been interpreting the regulations as the Town Council directed. He stated that Staff recommends the PEC upholds Staff interpretation However, if the PEC disagrees with the current policy, they should recommend amending the code, rather than re- interpreting the code. Commissioner Pierce stated that Staff has applied the rules consistently. Commissioner Kurz stated that the regulations should be amended. He noted concern about the legal impacts of deciding that the code has been misinterpreted since its adoption seven years ago. Commissioner Pratt clarified that the appeal requires the PEC to determine if the policy implemented by Staff does, or does not, align with the code. Kathy Langenwalter stated that former council member Diana Donovan agrees with her interpretation and the council wouldn't have adopted a regulations that wasn't equitable. Bill Gibson stated that the effects of the same basement deduction rule are different for different properties and that these issues were discussed by the Town Council in 2004. Commissioner Kurz asked procedural questions. Commissioner Pierce stated that a new ordinance should change the policy to equalize the uphill and downhill lots. Page 7 He agreed with other Commissioner comments that the deductions are listed in order in the code. He also agreed with Commissioner Kurz's comments. Commissioner Kurz again expressed concern about disregarding seven years of consistent implementation. Commissioner Schneidman that is difficult to uphold or overturn Staff's interpretation because the code isn't clear. He stated that legally speaking, just because the code doesn't say something, doesn't mean the opposite is true. Kathy Langenwalter asked where the ambiguity is and Commissioner Kurz responded with "your presentation." Commissioner Pratt brought up the equality issue again. He stated he wants the Town Council to determine their intent was equality among all lots. Kathy Langenwalter stated that she wanted to clarify that the garage wouldn't be deducted twice, but that garage would be included in basement deduction. Commissioner Hopkins clarified that Langenwalter wants clarity and equity. Kathy Langenwalter stated that the garage should be counted towards the basement deduction. Bill Gibson stated that should the PEC wish to change the policy, then the PEC should recommend amending the code. Gibson asked the PEC if the proposed policy change would also apply to crawlspaces, attics, employee housing units, and other deductible floor areas that may be located on the lower level of a building. Commissioner Cartin stated that the scope of review of this appeal should be limited to garage and basement deductions, and not equity among different lots. Commissioner Kurz made a motion to overturn staff's interpretation and to forward a recommendation for amendments to the code. Commissioner Pratt seconded the motion. Commissioner Kurz was asked about the intent of the motion. He clarified that he intended to uphold the Staff's interpretation but the code should be amended. Commissioner Kurz withdrew his motion, Commissioner Pratt withdrew his second. Commissioner Kurz made a motion to uphold Staff's interpretation. As part of the motion, a recommendation was forwarded that the code be amended to include garages in the basement deduction calculation. Commissioner Pratt seconded the motion. Page 8 The Commissioners continued to discuss future regulations. Commissioner Cartin stated that for future regulations, garage and basement are two separate entities. Kathy Langenwalter again clarified her intent for the future regulations. 1 minute 8. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to July 25, 2011 MOTION: Cartin SECOND: Schneidman VOTE: 6 -0 -0 1 minute 9. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13- 4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to July 11, 2011 MOTION: Cartin SECOND: Schneidman VOTE: 6 -0 -0 1 minute 10.A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11 -7 -15, Public Parking and Loading Signs for Private Property, Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on Private Property, Vail Town Code, and setting forth details in regard thereto. (PEC110021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to July 25, 2011 MOTION: Cartin SECOND: Schneidman VOTE: 6 -0 -0 11. Approval of May 23, 2011 minutes MOTION: Cartin SECOND: Schneidman VOTE: 5 -0 -1 (Kurz abstained) 12. Information Update- None 13. Adjournment Page 9 MOTION: Cartin SECOND: Schneidman VOTE: 6 -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 June 10, 2011 in the Vail Daily. Page 10 PLANNING AND ENVIRONMENTAL COMMISSION June 13, 2011 1:OOpm TOWN OVAI TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road W.- Vail, Colorado, 81657 MEMBERS PRESENT Luke Cartin Pam Hopkins Michael Kurz Bill Pierce Henry Pratt Tyler Schneidman MEMBERS ABSENT John Rediker SITE VISITS 1. Lodge at Vail — 174 East Gore Creek Drive 2. Village Center Condominiums — 124 Willow Bridge Road 10 minutes A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110033) Applicant: Creek View LLC, represented by KH Webb Architects Planner: Bill Gibson ACTION: Approved, with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 5 -0 -1 (Pratt recused) CONDITION(S): This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Henry Pratt recused himself from this item due to a conflict of interest. Bill Gibson made a presentation per the Staff memorandum. The applicant was available for questions. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 2. A request for the review of a conditional use permit, pursuant to Section 12 -7B -3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110032) Page 1 Applicant: Vail Fine Wines, represented by Allan Dibben Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Pratt VOTE: 6 -0 -0 CONDITION(S): 1. No outdoor display shall be permitted outside of the business at any time, except when associated with a special event permit or special business promotion permit. 2. Illuminated signs, such as neon, gas filled or LED lit signs, shall not be visible from the exterior of the business. Rachel Dimond made a presentation per the Staff memorandum. The applicant, Allen Dibben, noted that the shop has been in Beaver Creek and has never installed neon signs or outdoor displays. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 3. A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12- 7C-8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025, PEC110035) Applicant: Village Center Condominium Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 CONDITION(S): 1. This approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Rachel Dimond made a presentation per the Staff memorandum. Kyle Webb, the applicant's representative, noted he was available for questions. Commissioner Kurz noted that there was no correspondence from the neighbors and stated his concern about noise effecting the neighbors. Kyle Webb noted that the elevator equipment room was located below grade to mitigate noise. Commissioner Pratt asked the applicant to further clarify the location of utilities and how they affect the elevator location. Page 2 Kyle Webb described the utility locations and effects on elevator location. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 4. A request for the review of a conditional use permit, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for the construction of "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building ", located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto. (PEC110027) Applicant: Safeway Stores 46, Inc. Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Pratt VOTE: 6 -0 -0 CONDITION(S): 1. The approved display cabinet shall not include more than 3 square feet of signage, including emergency information, OSHA required signage and identification of the product. 2. No lighting shall be permitted as part of this permit application. Rachel Dimond made a presentation per the Staff memorandum. Commissioner Kurz asked for clarification about the number of proposed cages. Rachel Dimond clarified that there would be one cage. Commissioner Kurz asked if any noise would affect adjacent neighbors and asked about operation of the cages. Troy Shaklee, representing the applicant, spoke to the number of truck deliveries and explained how Safeway staff would assist customers with purchasing the tanks. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 5. A request for the review of a conditional use permit, pursuant to Section 12 -8C -3, Conditional Uses, Vail Town Code, to allow for the construction of "paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally located on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details in regard thereto. (PEC110029) Applicant: Town of Vail, represented by Gregg Barrie Page 3 Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 CONDITION(S): 1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Bill Gibson made a presentation per the Staff memorandum. Commissioner Pierce asked for clarification that the steps were not in the floodplain. Gregg Barrie, Public Works Department, verified the steps were not in the floodplain. Commissioner Pratt asked why the proposed steps were wood and not concrete. Gregg Barrie noted that the Town is working on a comprehensive creek access plan, but the Town wanted to install these stairs this summer rather than waiting for the completion of the plan. The wood stairs are inexpensive and easy to install. Commissioner Pratt asked if the stairs could be relocated under the bridge to be less visible. Gregg Barrie noted that rafts take -out in an eddy along the gravel bar adjacent to the proposed steps. There is no eddy to allow rafters to take -out under the bridge. Commissioner Pierce expressed his support for having rafting within the Town of Vail. The commissioners expressed their support for the application and its compliance with the criteria. 10 minutes 6. A request for the review of a minor exterior alteration, pursuant to section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110031) Applicant: Lodge Properties, represented by Mauriello Planning Group Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Schneidman VOTE: 5 -0 -0 CONDITION(S): 1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall provide mitigation for 0.97 employees through a fee -in -lieu payment or deed restricted employee housing unit, per Chapter 12 -23, Commercial Linkage, Vail Town Code, prior to issuance of any certificate of occupancy (temporary or final). Rachel Dimond made a presentation per the Staff memorandum. Page 4 Commissioner Cartin stated that he has no conflict of interest related to this item. Commissioner Hopkins departed. Allison Ochs with Mauriello Planning Group, applicant's representative, presented an overview of the proposal. Commissioner Pierce asked for clarification about the proposed awnings and the seasonal walls. Kyle Griffith and Allison Ochs explained the details about the materials and how they would be installed. Commissioner Pratt asked if the two spaces in the front of the building will be striped. Allison Ochs clarified that the parking spaces will be valet and are not currently striped. There was no public comment. The commissioners expressed their support for the application and its compliance with the criteria. 30 minutes 7. A request for the review of an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Applicant: Kathy Langenwalter, Peel /Langenwalter Architects Planner: Bill Gibson ACTION: Uphold the Administrator's interpretation. Recommendation for amendments to the Vail Town Code to apply both the garage and basement GRFA deductions to garages on the lowest level of a structure. MOTION: Kurz SECOND: Pratt VOTE: 5 -1 -0 (Hopkins opposed) Bill Gibson made a presentation per the Staff memorandum. Kathy Langenwalter made a presentation per the appeal. She distributed a copy of the GRFA regulations with highlighted sections supporting her argument. She noted that the purpose of the garage deduction was to encourage the construction of garages since they are not required by the Town Code. She identified that the regulations state that the garage gets deducted, then the portion of the lowest level below grade, including the garage if on that level, gets deducted. She stated that Rollie Kjesbo and David Viele, former PEC members, were present to show their support of Kathy's interpretation of the GRFA regulations. She further stated that Staff's interpretation was incorrect and created inequity among properties. She stated that she discussed this issue with two former council members who remembered the debate about only one level of a structure being allowed a basement deduction, but they did not remember a discussion about how garages on the lowest level are calculated. Page 5 David Viele, former member of the PEC, made a presentation regarding the calculation of GRFA at his home in 2005. He stated that his house was calculated using a third methodology. Rollie Kjesbo, former member of the PEC, stated that he was involved in the amendments to GRFA regulations. He said that the regulations intended to follow Kathy's appeal. Commissioner Hopkins returned shortly after the appellant's presentation. Commissioner Pierce stated that in his experience, the regulations have been consistently applied by Staff. He asked about the possibility of a negative GRFA on the lowest level. Kathy Langenwalter stated that the point of the amendments was to be equal not to be unequal. Bill Gibson added that the rules are applied the same, but the outcomes are different due to the different topography of lots. Kathy Langenwalter stated that the contention is with the deductions. Commissioner Pratt asked about how the below grade percentage is calculated with a party wall. Gibson responded that the below grade percentage is calculated by the exterior walls of the structure. Kathy Langenwalter stated that if you have to remove the garage from the lowest level, having a garage in that location is going to lower the basement deduction. Commissioner Pierce stated that the GRFA calculations should result in the same number for uphill and downhill lots. Commissioner Pratt stated that with David Viele's home, the deductions appear to have been applied using Staff's methodology. Commissioner Pratt stated the ordinance needs to be clarified, but that the Staff's intent is correct. He noted that the deductions appear to be listed in order, and the appellant's methodology was not the intended method. Kathy Langenwalter noted that the calculations should be the same for both uphill and downhill lots. Commissioner Kurz asked Kathy Langenwalter if she thought the intent of the regulations was to prevent garages from creating larger floor areas. Kathy Langenwalter stated that garages can exceed the deduction amount, which would counts towards GRFA. Page 6 Commissioner Pierce stated that inequity should not occur and that this inequity should be fixed. Commissioner Cartin express concern about lowest level counting as a negative GRFA number, and suggested that basement deduction be capped at 100% so the GRFA is not negative. . Commissioner Pierce stated that it is ok to have a negative GRFA in a basement because overall it comes from the total GRFA. Commissioner Cartin stated that the garage and basement are two separate entities and that are used differently. Commissioner Pierce stated that if you remove the deductions from total GRFA, it will remove inequities. Kathy Langenwalter stated that all levels get calculated together, then deductions occur. Commissioner Pratt stated that there are holes in the regulations, but Staff has applied the rules consistently. Gibson stated that Staff has been interpreting the regulations as the Town Council directed. He stated that Staff recommends the PEC upholds Staff interpretation However, if the PEC disagrees with the current policy, they should recommend amending the code, rather than re- interpreting the code. Commissioner Pierce stated that Staff has applied the rules consistently. Commissioner Kurz stated that the regulations should be amended. He noted concern about the legal impacts of deciding that the code has been misinterpreted since its adoption seven years ago. Commissioner Pratt clarified that the appeal requires the PEC to determine if the policy implemented by Staff does, or does not, align with the code. Kathy Langenwalter stated that former council member Diana Donovan agrees with her interpretation and the council wouldn't have adopted a regulations that wasn't equitable. Bill Gibson stated that the effects of the same basement deduction rule are different for different properties and that these issues were discussed by the Town Council in 2004. Commissioner Kurz asked procedural questions. Commissioner Pierce stated that a new ordinance should change the policy to equalize the uphill and downhill lots. Page 7 He agreed with other Commissioner comments that the deductions are listed in order in the code. He also agreed with Commissioner Kurz's comments. Commissioner Kurz again expressed concern about disregarding seven years of consistent implementation. Commissioner Schneidman that is difficult to uphold or overturn Staff's interpretation because the code isn't clear. He stated that legally speaking, just because the code doesn't say something, doesn't mean the opposite is true. Kathy Langenwalter asked where the ambiguity is and Commissioner Kurz responded with "your presentation." Commissioner Pratt brought up the equality issue again. He stated he wants the Town Council to determine their intent was equality among all lots. Kathy Langenwalter stated that she wanted to clarify that the garage wouldn't be deducted twice, but that garage would be included in basement deduction. Commissioner Hopkins clarified that Langenwalter wants clarity and equity. Kathy Langenwalter stated that the garage should be counted towards the basement deduction. Bill Gibson stated that should the PEC wish to change the policy, then the PEC should recommend amending the code. Gibson asked the PEC if the proposed policy change would also apply to crawlspaces, attics, employee housing units, and other deductible floor areas that may be located on the lower level of a building. Commissioner Cartin stated that the scope of review of this appeal should be limited to garage and basement deductions, and not equity among different lots. Commissioner Kurz made a motion to overturn staff's interpretation and to forward a recommendation for amendments to the code. Commissioner Pratt seconded the motion. Commissioner Kurz was asked about the intent of the motion. He clarified that he intended to uphold the Staff's interpretation but the code should be amended. Commissioner Kurz withdrew his motion, Commissioner Pratt withdrew his second. Commissioner Kurz made a motion to uphold Staff's interpretation. As part of the motion, a recommendation was forwarded that the code be amended to include garages in the basement deduction calculation. Commissioner Pratt seconded the motion. Page 8 The Commissioners continued to discuss future regulations. Commissioner Cartin stated that for future regulations, garage and basement are two separate entities. Kathy Langenwalter again clarified her intent for the future regulations. 1 minute 8. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to July 25, 2011 MOTION: Cartin SECOND: Schneidman VOTE: 6 -0 -0 1 minute 9. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13- 4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to July 11, 2011 MOTION: Cartin SECOND: Schneidman VOTE: 6 -0 -0 1 minute 10.A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11 -7 -15, Public Parking and Loading Signs for Private Property, Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on Private Property, Vail Town Code, and setting forth details in regard thereto. (PEC110021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to July 25, 2011 MOTION: Cartin SECOND: Schneidman VOTE: 6 -0 -0 11. Approval of May 23, 2011 minutes MOTION: Cartin SECOND: Schneidman VOTE: 5 -0 -1 (Kurz abstained) 12. Information Update- None 13. Adjournment Page 9 MOTION: Cartin SECOND: Schneidman VOTE: 6 -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 June 10, 2011 in the Vail Daily. Page 10