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HomeMy WebLinkAbout2013-0225 PECK� TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION February 25, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Site Visit: 1. Scheerly/ Bolyard Residence- 133 Willow Place 2. Odum Residence- 4254 Columbine Way 3. Elk Meadows- 1624 Buffehr Creek Road 4. Schulman Residence- 1772 Alpine Drive 15 minutes A request for the review of a variance from Section 12-6G-6, Setbacks, and Section 12-6G-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a bay window within the side setback, located at 4254 Columbine Way/Lot 9, Bighorn Terrace, and setting forth details in regard thereto. (PEC130006) Applicant: Johnnie and Deb Odum, represented by Rodney Molitor Planner: Rachel Dimond 20 minutes 2. A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for amendments to a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC130003) Applicant: Dave Schulman, represented by Michael Pukas Planner: Rachel Dimond 45 minutes 3. A request for review of a major amendment to Special Development District No. 16, Elk Meadows, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for changes to building sites, changes to architectural guidelines, increase in GRFA, and revisions to the on-site EHU requirement, located at 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/ Elk Meadows Subdivision, and setting forth details in regard thereto. (PEC130005) Applicant: Elk Meadows Development, LLC, represented by Sharon Cohn Planner: Warren Campbell 15 minutes 4. A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the construction of a deck infill and addition to the roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge)/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130007) Applicant: Patricia K. Scheerly and Bruce Bolyard, represented by Suman Architects Planner: Rachel Dimond 5. A request for the review of amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses", pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at Ford Park (Gerald R. Ford Amphitheater social courtyard, box office improvements, Betty Ford Way improvements, Betty Ford Alpine Garden expansion, new Betty Ford Alpine Gardens Alpine Education Center, nature trail, riparian restoration, playground restrooms) located at 530, 540, and 580 South Frontage Road East/ Unplatted, and setting forth details in regard thereto. (PEC130004) Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Rachel Dimond ACTION: Table to March 11, 2013 Page 1 6. Approval of February 11, 2013 minutes MOTION: SECOND: VOTE: 7. Information Update 8. 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 22, 2013 in the Vail Daily. Page 2 TOWN OF VAIL� PLANNING AND ENVIRONMENTAL COMMISSION February 25, 2013 at 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Bill Pierce Henry Pratt Susan Bird Michael Kurz MEMBERS ABSENT Luke Cartin Pam Hopkins John Rediker Site Visit: 1. Scheerly/ Bolyard Residence- 133 Willow Place 2. Elk Meadows- 1624 Buffehr Creek Road 3. Schulman Residence- 1772 Alpine Drive 15 minutes A request for the review of a variance from Section 12-6G-6, Setbacks, and Section 12-6G-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a bay window within the side setback, located at 4254 Columbine Way/Lot 9, Bighorn Terrace, and setting forth details in regard thereto. (PEC130006) Applicant: Johnnie and Deb Odum, represented by Rodney Molitor Planner: Rachel Dimond ACTION: Approved with condition MOTION: Kurz SECOND: Pratt VOTE: 4-0-0 CONDITION: 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Rachel Dimond made a presentation per the staff memorandum. Rodney Molitor, representing the applicant, spoke to the excitement of both owners of the duplex upgrading and matching the exteriors. There was no public comment. Commissioner Pratt inquired as to any concerns with regard to the duplex having a mirror image. Rachel Dimond explained that the DRB had conceptually reviewed the proposal and determined that it would not result in mirror image architecture. 30 minutes 2. A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for amendments to a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC130003) Applicant: Dave Schulman, represented by Michael Pukas Planner: Rachel Dimond ACTION: Approved with conditions MOTION: Kurz SECOND: Bird VOTE: 4-0-0 CONDITIONS: Page 1 1. The applicant shall amend the plat to show the approved site disturbance line as the building permit approved site disturbance line dated September 7, 2006. 2. The applicant shall amend the title of the plat to "Final Plat- Lot 10, Vail Village West Filing 1. Rachel Dimond made a presentation per the staff memorandum. Commissioner Kurz inquired as to any Staff concerns with regard to engineering to accomplish the applicant's proposal. Rachel Dimond clarified the Code requirements regarding steep slopes. Michael Pukas, representing the applicant, explained the history of the development as he was the architect who designed the home and was involved the variance request and platting. Commissioner Bird asked for clarification on the various disturbance lines (approved, amended, and proposed). Rachel Dimond utilized an exhibit to show the difference between the site disturbance lines. Commissioner Pierce restated Mrs. Dimond's explanation to ensure he and the Commission understood. Michael Pukas described the request utilizing the proposed site plan on the screen. He explained that the whole goal was to obtain more outdoor living space for the home. Commissioner Bird inquired as to the proposal for deck expansion. Michael Pukas described where the deck was being added. He clarified that the front decks were not be changed. Commissioner Pratt inquired as to where the fire place was going in relationship to the property line. Rachel Dimond explained that at grade patios can encroach into the side setback half the distance of the required setback. Commissioner Bird asked for more discussion from Staff with regard to its recommendation. Rachel Dimond explained the review criteria and Staff's response. She added that the setback variance was granted in 2006 with a condition that site disturbance lines were not amended. Commissioner Pierce asked for Staff to restate the current site disturbance and the proposed site disturbance. Rachel Dimond explained the approved site disturbance area is 67% of the total site and the proposed site disturbance area is 71 % of the total site. Michael Pukas, using a site plan on the screen, showed how the final design and vehicular access pushed the home on Lot 10 further back into the slope, reducing the ability to construct private outdoor space. Page 2 Dave Schulman, owner, spoke to the letter provide by David LaBelle. He stated that there would not be a parking or noise issue associated with his patio expansion on the rear. He spoke to the need for more than the 10 feet of disturbance area that is available. His goal is only to make things better and to plant trees to mitigate the loss of trees in the utility right-of-way. Commissioner Kurz stated this was a difficult situation, but as he reviews the criteria for evaluating the request, he agrees with most of Staff's conclusions. Commissioner Bird shared concerns with Commissioner Kurz. Commissioner Pratt stated he understood the request, but as he saw the request it was a request for a variance from a condition of a variance. Commissioner Pierce stated he understood the request, but had concerns with the proposal increasing the site disturbance. He does not feel that it is appropriate to approve the site disturbance. Michael Pukas stated that he met with the DRB for a conceptual review and they were in support of the deck addition. There was no public comment. 45 minutes 3. A request for review of a major amendment to Special Development District No. 16, Elk Meadows, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for changes to building sites, changes to architectural guidelines, increase in GRFA, and revisions to the on-site EHU requirement, located at 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/ Elk Meadows Subdivision, and setting forth details in regard thereto. (PEC130005) Applicant: Elk Meadows Development, LLC, represented by Sharon Cohn Planner: Warren Campbell ACTION: Tabled to March 11, 2013 MOTION: Kurz SECOND: Pratt VOTE: 4-0-0 Warren Campbell made a presentation per the Staff memorandum, including discussion of the amended building envelopes, architectural guidelines, employee housing requirement, and an increase in GRFA for the SDD. He clarified the employee housing requirements for the site, and the net new GRFA would be required to be mitigated pursuant to the inclusionary zoning regulations. Staff believes the appropriate size of EHU would be 500 square feet plus 10% of the 1,600 net new GRFA, for a total of 660 square feet on site. Should the EHU move off-site, the unit size would need to comply with the EHU transfer regulations, likely resulting in a doubling in size. Sharon Cohn made a presentation outlining the project. She explained that the intent of the project was to improve upon the SDD and address several elements. She stated the intent of changing the architectural guidelines was to match the neighborhood rather than building a cluster of log cabin style structures. Building envelope relocation and reconfiguration Commissioner Pierce stated that there seemed to be a clear intent to protect the valley floor from development based upon the letter from the planning staff in 1980. He added that if you look at the overall aerial of the valley (page 9 of 41) it is clear that development from east to west was avoided in the valley floor. He stated that the relocation of Lot 1 to the south was a Page 3 benefit for property owners but would be contrary to the public's best interests. He felt Lot 1 should not be relocated to be on the south side of the private drive. Commissioner Pratt said that conceptually, moving Lot 1 does not bother him. But, maintaining the open space on the valley floor is very important. He thinks Lot 1 should be rotated clockwise and moved up the hill to the south to leave the valley floor open. Commissioner Bird stated the proposed location of Lot 1 sticks out like a sore thumb and breaks up the integrity of the open field. She suggested the relocated Lot 1 should be built near Lots 4 and 5. Placing Lot 1 it that location would concentrate the disturbance of the site by clustering the lots more tightly together. Commissioner Kurz stated that the thought Commissioner Pratt may be on to something with his suggestion for Lot 1. He said trying to protect the valley floor is a delicate balance and the permitted architecture could do a lot to help or hurt the goal. He added that the driveway should be built to minimum dimensions to avoid the visual impact of the road width. Commissioner Pierce asked if the building envelopes changed size. Sharon Cohn stated the building envelopes are the same size. She added that she agreed with Commissioner Pratt's suggestion to rotate the lot. She added that the valley will still be maintained with the movement of Lot 1. She said the valley and meadow is really important to the developer. She said they would like to minimize the road width and its impacts. Warren Campbell stated there were geologic hazards on this site. Sharon Cohn added that she did not believe the rockfall hazard was present on the proposed Lot 1. Commissioner Pratt asked if Lot 5 would need a separate curb cut. Sharon Cohn stated a separate curb cut would be built for Lot 5 off of Buffehr Creek Road. Commissioner Pratt stated the road cuts through the valley. Moving Lot 1 would add more asphalt to connect the driveway for the home to the main driveway. Warren Campbell explained the current road cut dimensions and design. Commissioner Pratt stated the hammerhead might not be big enough, but the fire department might stage from Buffehr Creek Road. Commissioner Pierce stated he likes the houses closet to the road, the driveway, valley then trees going from north to south on the site. Architectural Guidelines: Commissioner Kurz stated the log cabin sticks out more than other houses in the neighborhood . He said the goal is to have architectural design that fades into the natural environment. He liked stone and wood with colors that fade into the environment. He said the houses should have a harmonious palette of materials but not be identical. Commissioner Bird stated that she would like to see diversity in design, not a cookie cutter row of houses. Page 4 Commissioner Pratt asked why the applicant wouldn't get rid of specific architectural guidelines and utilize the requirements found in Title 14, Development Standards, Vail Town Code. The other Commissioners chimed in and agreed that removal of the architectural guidelines from the SDD and utilizing the existing regulations would allow for the DRB to make the determination on the structure designs. It was mentioned that the diversity in housing in the area, specifically in the Eleni and Lia Zneimer Subdivisions was appropriate. Sharon Cohn stated they had considered this suggestion and would reexamine it as the goal is to be compatible with the surrounding architecture. Warren Campbell asked if the architectural guidelines were abandoned in the SDD, should there be any discussion in the SDD of architectural character? Commissioner Pierce said the houses in Eleni and Lia Zniemer Subdivisions were intended to be different but were all approved by the DRB and were compatible. Commissioner Kurz stated that at Willow Place, there are no specific guidelines but all the buildings are compatible and harmonious. He added there could be some guidelines in the SDD. Relocation of the on-site EHU: Commissioner Pierce stated the transfer of the EHU as has been approved previously for several SDDs was appropriate. Commissioner Pratt stated the discussion on the size of EHU to be mitigated, between 400 and 500, should be split in the middle, with 450 square feet plus 160 square feet required on site. The other Commissioners stated that they agreed with the comments. Increase in GRFA: Commissioner Kurz stated the GRFA addition makes sense. He asked if the existing house would get additional GRFA. Warren Campbell stated additional GRFA would be given to the existing structure, but with changes to GRFA measurement, there would be no increase over the bulk mass that the home would be permitted currently. The other Commissioners expressed their support of a 10% increase in GRFA to address the methodology changes in GRFA calculation. There was no public comment. 15 minutes 4. A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the construction of a deck infill and addition to the roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge)/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130007) Applicant: Patricia K. Scheerly and Bruce Bolyard, represented by Suman Architects Planner: Rachel Dimond Page 5 ACTION: Approved with conditions MOTION: Kurz SECOND: Pratt VOTE: 4-0-0 CONDITIONS: 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The applicant shall mitigate the construction of 122 square feet of GRFA, pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code, prior to the issuance of a building permit. Rachel Dimond made a presentation per the staff memorandum. Commissioner Bird inquired as to the specifics of the EHU mitigation rate. Rachel Dimond explained how the mitigation fee and rate are calculated. Michael Suman, Suman Architects, stated that the memorandum covered the proposal. He added that there is intent for the unit on the other end of the building is coming forward with a similar application which would balance the structure. There was no public comment. Commissioners Kurz and Bird expressed support for the application. Commissioner Pratt stated his desire to see the lower units do an expansion below this proposal to bring the mass to the ground. 5. A request for the review of amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses", pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at Ford Park (Gerald R. Ford Amphitheater social courtyard, box office improvements, Betty Ford Way improvements, Betty Ford Alpine Garden expansion, new Betty Ford Alpine Gardens Alpine Education Center, nature trail, riparian restoration, playground restrooms) located at 530, 540, and 580 South Frontage Road East/ Unplatted, and setting forth details in regard thereto. (PEC130004) Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Rachel Dimond ACTION: Tabled to March 11, 2013 MOTION: Kurz SECOND: Pratt VOTE: 4-0-0 6. Approval of February 11, 2013 minutes ACTION: Approved MOTION: Bird SECOND: Kurz VOTE: 4-0-0 7. Information Update Commissioner Pratt brought up the topic of how to communicate parking availability in the town. He spoke to the confusion he sees on busy days with our guests trying to find parking. He added that the temporary VMS signs in the roundabout and the A -frame signs are not the quality that Vail should be incorporating to solve the confusion around where to parking availability and cost. He gave an example of the systems he has seen in use in Europe. He described simple, easy to understand signs with a blue circle and "P" with arrows to clearly identify where parking was available. Furthermore, several signs would state how many parking spaces were available so as to not have a situation where a car goes to parking in a Page 6 certain location only to find there is no longer any parking. He highlighted the cars left on the frontage road over night that have tickets on them before 8:00 as a concern. He concluded by stating that these parking concerns need to be a significant priority of the way -finding effort. 8. Adjournment MOTION: Kurz SECOND: Pratt VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 22, 2013 in the Vail Daily. Page 7 K) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2013 SUBJECT: A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a bay window within the side setback, located at 4254 Columbine Way/Lot 9, Bighorn Terrace, and setting forth details in regard thereto. (PEC130006) Applicant: Johnnie and Deb Odum, represented by Rodney Molitor Planner: Rachel Dimond SUMMARY The applicants, Johnnie and Deb Odum, represented by Rodney Molitor, are requesting a variance from the setback standards of the Medium Density Multiple -Family District to allow for the construction of a bay window within the required 20 foot side setback. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B) and proposed plans (Attachment C) have been attached for review. II. DESCRIPTION OF REQUEST The applicant is requesting a setback variance to allow for encroachments into both side setbacks for the construction of a new 11 square foot bay window. The bay window will match the existing bay window on the other half of the duplex, which was permitted through a setback variance in 2009. The proposed bay window will encroach 6.4 feet into the side (west) setback, and will encroach 14.8 feet into the side (east) setback. As a result, the bay window will be 13.6 feet from the west property line and 5.2 feet from the east property line. III. BACKGROUND The subject residence at Bighorn Terrace was originally constructed in 1967 under Eagle County jurisdiction and later annexed into the Town of Vail in 1974. The existing lot and structure are both legally non -conforming in regard to numerous provisions of the Town's zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. Numerous setback variances have been granted to units within the Bighorn Terrace neighborhood and are further described below, including the other half of the duplex (lot 10) for the same setback variance for a bay window: Date Lot/Aaalicant Variance Tvne Variance Amount Staff Recommendation PEC Action 1977 #7 - Benysh GRFA 130 square feet Approval Approved Setback 8 feet Approval Approved 1978 Tract A - Rowe GRFA 473 square feet Denial Approved Setback 7.5 feet Denial Approved 1978 #23 - Alder GRFA 66 square feet Denial Approved Setback 8 feet Denial Approved 1978 #20D - Turnbull Setback 7 feet Approval Approved 1980 #13 - Curfman GRFA 177 square feet Denial Approved 1982 #9 - Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled 1982 #9 - Odum Setback 18 feet Approval Approved 1983 #11 -Houston GRFA 80 square feet Denial Approved Setback 16 feet Denial Approved 1985 #17 - Sherr GRFA 50 square feet Denial Approved Setbacks (3) 13, 11, 3 feet Approval Approved 1985 #20D1 -Nicholson GRFA 395 square feet Denial Denied Setback Approval Approved 1990 #7 - Benysh Setbacks (2) 13 & 15 feet Denial Approved 1990 #20 - Nillson Setbacks (2) 11 & 15 feet Denial Approved 1994 #22 - Waters Setbacks 13.25, 13.25, 12 Approval Approved 1998 #5 - Skolasinski Setbacks 2.5, 15.5, 19.5 Approval Approved Landscaping 1 % Approval Approved *2004 #8 - Benysh Setback 8 feet Approval Approved Town of Vail Page 2 2005 #19 - Petros Setbacks 7 feet Approval Approved 2005 #20 - Fowler Setbacks 7 feet Approval Approved 2008 #17 Sherr Setbacks 8 feet Approval Approved 2009 #10 Post Setbacks 19 feet Approval Approved IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code: Chapter 12-1: Title, Purpose, And Applicability Section 12-1-2: Purpose Article 12-6g: Medium Density Residential District 12-6g-1 Purpose 12-6g-6: Setbacks Chapter 12-17: Variances 12-17-1: Purpose 12-17-6: Criteria and Findings Vail Land Use Plan Chapter II — Land Use Plan Goals / Policies (In Part) V. SITE ANALYSIS Address: Legal Description: Lot Area: Zoning: Land Use Designation Geological Hazards: 4254 Columbine Way, Unit A Lot 9, Bighorn Terrace 1,524 sq. ft. (0.0350 acres) Medium Density Multiple Family District Medium Density Residential None Town of Vail Page 3 VI. Development Standard Allowed/Required Existing Proposed Lot Area (sq.ft. min) 10,000 1,524 no change Setbacks (ft. min) Front (South) 20 25.8 25 Side (East) 20* 0 no change Side (West) 20* 1 no change Rear (North) 20 0 no change GRFA (sq.ft. max): 854 1,072 1,083** Site Coverage (sq.ft. max): 685(45%) 624(41%) 635(42%) Landscape Area (sq.ft. min): 457(30%) 1,135(74%) no change Parking (min. spaces): 3 0*** No change *Bay window may project up to 4 feet into required setback. **New GRFA is considered a 250 addition, per Chapter 12-15, Vail Town Code. ***The applicant utilizes the Bighorn Terrace shared parking areas. Addition does not trigger additional parking spaces. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Road right-of-way No zoning designation South: Residential Medium Density Multiple -Family District East: Residential Medium Density Multiple -Family District West: Residential Medium Density Multiple -Family District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance is similar to the approved variance granted to the other half of the duplex in 2009 which included a bay window. Further, almost every addition in this subdivision has required a variance, as most side setback lines overlap each other on these small legally non -conforming lots. On the subject property, the overlapping side setback lines cause the entire lot to be unbuildable without a variance. The existing structure is one foot away from the property line on the west side, and the proposed bay Town of Vail Page 4 window will be 13 feet from the western property line. The existing structure is built to the eastern property line and the proposed bay window is 5.25 feet from the eastern property line. The proposed bay window will overhang onto an existing front deck, so there is no perceived impact to neighboring properties. Staff believes the requested variance will not change the relationship between the subject property and adjacent uses and structures in the vicinity. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. This proposed setback variance is associated with a bay window addition to an existing residence originally constructed in 1967. The existing structure and site are nonconforming, with the side setbacks overlapping and the entire site unbuildable without a variance. Further, Lot 9 is considered a individual development site, so the existing structure is built to the property line where there is a party wall.. As further identified in the Section III, Background, of this memorandum, no less than 18 setback variances have been approved by the Planning and Environmental Commission for additions to numerous properties in Bighorn Terrace since 1977. The Planning and Environmental Commission approved a setback variance at Lot 10, Bighorn Terraces for the same bay window addition in 2009. Because the existing structure is over the allowable gross residential floor area, the proposed 11 square foot infill is part of a 250 addition, per Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code. While 250 additions are considered allowable square footage, the necessity of a variance does not guarantee the use of the 250 addition. At only eleven square feet, the applicant is requesting a minimal portion of the 250 Ordinance in order to facilitate a bay window that will provide improved architectural compatibility with the neighboring property. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The requested variance and associated bay window will be built over an existing deck, and will increase bulk and mass by 44 cubic feet. The additional bulk and mass is minimal compared to the existing structure and surrounding structures. Staff believes the construction of a bay window over an existing deck will not have any effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Town of Vail Page 5 VIII. RECOMMENDATION The Community Development Department recommends approval, with a condition, of this request for a variance. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a bay window within the side setback, located at 4254 Columbine Way/Lot 9, Bighorn Terrace, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission imposes the following condition: "1. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated February 257 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Medium Density Multiple -Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. Town of Vail Page 6 b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the Medium Density Multiple -Family District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Medium Density Multiple -Family District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Plans Town of Vail Page 7 '•S, J ' I - *4 � A Susan Pachmayer <spachmayer@hotmail.com><' RE: Bay Window for Odum's Unit #9 - Joint Property & Association Representative Approval January 26, 2013 1:35:16 PM MST <rod@preferredhrc.com> Hi Rodney You have our approval and will be a nice addition. Any questions, please contact me. Regards Allen Pachmayer Treasurer and Director, Bighorn Mutual San & Rec District From: rod@Preferredhrc.com Subject: Re: Bay Window for Odum's Unit #9 - Joint Property & Association Representative Approval Date: Sat, 26 Jan 2013 09:47:51 -0700 To: Spachmayer@hotmail.com Alan, Our Company Preferred Home Repair and Const. is underway remodeling Unit #9 for Johnnie and Deb Odum. We also remodeled Cheryl Post's Unit #10, a few years ago. Johnnie and Deb Odum would like to install a bay window that looks very similar to the unit Cheryl installed on her property. This will include the stucco look and small copper roof (over the bay window). The Town of Vail has requested the Association Representative and Joint property approval before moving forward. Attached are the two letters that will be forwarded to the TOV with your approvals. An email approval is all that is needed from both of you for this to move forward. Please, let me know if you have any questions. Thank you, Rodney Molitor Preferred Home Repair and Construction LLC. 720-343-6994 ... r nuummuamurrnnunnnnnnnm ��. f �l/Il/lN/llllll/IIIN/Il/Ills/Ili/llI � ' NUNN ';A'i- -Ap 1 `� •�RA , ����\ ' �, � \ ,Sas r��A:;.^gn 'r��� Fn '��.' � / ),: ^ i ... \1 �� 1 • d �, :�� �� —a ,Y + .�a ��'F��� � � q —\ �. _ )' �•; a> ) r., is 5. �a !I 4 .A'��°,. I do AMS' A A, 10107 J I Account Account: R060483 Location Parcel Number 2101-122-25-005 Tax Area SC 103 - VAIL (TOWN) - SC 103 Situs Address Legal Summary Subdivision: VILLAGE ON BIGHORN CREEK PARCEL E - COMMON OPEN SPACE BK -0552 PG - 0260 MAP 04-18-91 BK -0552 PG -0261 DEC 04-18-91 BK -0553 PG -0268 WD 04-30-91 BK -0564 PG -0712 WD 10-08-91 BK -0568 PG -0958 WD 12-05-91 BK -0578 PG -0400 WD 04-17-92 BK -0588 PG -0456 BSD 08-28-92 R656294 WD 05-04-98 R784602 WD 01-21-02 R855073 WD 10-17-03 R200731447 WD 11-15-07 Transfers Sale Price Images • GIS Owner Information Owner Name ARLEN R. HOLTER REVOCABLE TRUST - ETAL Owner Address 4094 A LUPINE DR VAIL, CO 81657 Sale Date 1t/01/2007 Page 1 of 1 Assessment History Actual (2012) $0 Primary Taxable $0 Tax Area: SC103 Mill Levy: 46.9000 Type Actual Assessed Acres SQFT Units Land 0.175 0.000 0.000 Reception Number Book Page 200731448 http://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R060483 09/12/2012 Account Account: R010915 Location Owner Information Parcel Number 2101-122-14-011 Owner Name ESSIN, WILLIAM Tax Area SC 103 - VAIL (TOWN) - ROBERT SC 103 Owner Address 4264 Situs Address 004264 COLUMBINE WAY 11 COLUMBINE WY # 11 VAIL, CO 81657 Legal Summary Subdivision: BIGHORN TERRACE UNIT 11 BK -0211 PG -0474 MAP 10-13-62 BK -0740 PG -0802 DC 08-30-93 Transfers Page 1 of 1 Assessment History Actual (2012) $360,090 Primary Taxable $28,660 Tax Area: SC103 Mill Levy: 46.9000 Type Actual Assessed Acres SQFT Units Improvements $250,890 $19,970 0.000 910.000 0.000 Land $109,200 $8,690 0.036 0.000 0.000 Sale Price Sale Date Reception Number $196,000 $38,000 $17,000 Images • Photo • Sketch • GIS 200904372 10/16/1998 R673174 01/17/1978 10/17/1977 Book Page B: 0265 P: 0685 B: 0261 P: 0280 http://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=RO10915 09/12/2012 Account Account: R058514 Location Parcel Number 2101-122-14-029 Tax Area SC103 - VAIL (TOWN) - SC103 Situs Address 004242 COLUMBINE WY Legal Summary Subdivision: BIGHORN TERRACE UNIT 7A R200619837 MAP 07-24-06 Transfers Images • Photo • Sketch • GIS Page 1 of 1 Owner Information Assessment History Owner Name BENYSH, Actual (2012) $730,050 KATHRYN RUTH Primary Taxable $58,110 Owner Address 4242 E Tax Area: SC103 Mill Levy: 46.9000 COLUMBINE WAY 7 Type Actual Assessed Acres SQFT Units VAIL, CO 81657 Improvements $510,570 $40,640 0.000 1829.000 0.000 Land $219,480 $17,470 0.083 0.000 0.000 No Transfer Documents http://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R058514 09/12/2012 l TOWN OF VAIL . JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi -tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi -tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Bighorn Terrace Subdivision, Alan Packmayer , a joint owner, or authority of the association, of property located at 4254 Columbine Way Unit #9, Johnnie and Deb Odum , provide this letter as written approval of the plans dated 08/22/2012 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: Remove 3'x5' single window, install new LowE 7.5' x4.5' bay window with small copper roof. The south elevation will match stucco and siding detail as used on unit #10. Stucco, color & finish detail was approved 10/09/12 by TOV B12• The over all design and finish will be similar to both units. This window will overlook the owner deck facing south. (Signature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure compli- ance with the Town's applicable codes and regulations. (Initial here) I understand that all modifications, minor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) M11 JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi -tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi -tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Cheryl L. Post of property located at 4254 Columbine Way Unit #10 approval of the plans dated 08/22/2012 a joint owner, or authority of the association, provide this letter as written which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: Remove 3'x5' single window, install new LowE 7.5' x4.5' bay window with small copper roof. The south elevation will match stucco and siding detail as used on unit #10. Stucco, color & finish detail was approved 10/09/12 by TOV 612. The over all design and finish will be similar to both units. (Signature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure compli- ance with the Town's applicable codes and regulations. (Initial here) I understand that all modifications, minor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) Cheryl Post <postcheryll@gmail.com>C' Re: Bay Window for Odum's Unit #9 -Joint Property &Association Representative Approval January 26, 2013 11:09:14 AM MST Rodney Molitor <rod@preferredhrc.com> I absolutely approve. I think it will be a great improvement. Cheryl L. Post On Sat, Jan 26, 2013 at 9:41 AM, Rodney Molitor<i,3....::..........._,.,,,,,,;,,,_,,,,._.,..,......::....::> wrote: Alan, Our Company Preferred Home Repair and Const. is underway remodeling Unit #9 for Johnnie and Deb Odum. We also remodeled Cheryl Post's Unit #10, a few years ago. Johnnie and Deb Odum would like to install a bay window that looks very similar to the unit Cheryl installed on her property. This will include the stucco look and small copper roof (over the bay window). The Town of Vail has requested the Association Representative and Joint property approval before moving forward. Attached are the two letters that will be forwarded to the TOV with your approvals. An email approval is all that is needed from both of you for this to move forward. Please, let me know if you have any questions. Thank you, Rodney Molitor Preferred Home Repair and Construction LLC. Account Account: R010913 Page 1 of 1 Location Owner Information Assessment History Parcel Number 2101-122-14-009 Owner Name ODUM, JOHNNIE Actual (2012) $405,290 Tax Area SC 103 - VAIL (TOWN) D. & DEBORAH E. Primary Taxable $32,260 - SC 103 Owner Address 4705 OSAGE DR Tax Area: SC 103 Mill Levy: 46.9000 Situs Address 004254 BOULDER, CO 80303 Type Actual Assessed Acres SQFT Units COLUMBINE WY #9 Improvements $276,650 $22,020 0.000 1072.000 0.000 Legal Summary Subdivision: Land $128,640 $10,240 0.036 0.000 0.000 BIGHORN TERRACE UNIT 9 BK -0211 PG -0474 MAP 10-13-62 Transfers Sale Price Sale Date Reception Number Book Page $185,600 12/22/2010 201101521 $25,000 09/19/1986 200918125 $32,000 03/18/1976 B: 0245 P: 0792 $35,500 06/25/1975 B: 0241 P: 0453 Images • Photo • Sketch • GIS M woa 193.D 21' http://property.eaglecounty.uslassessorltaxweblaccount.jsp?accountNum=RO10913&doc= 09/12/2012 -.1q.—o vs --v ... - 7 1 '. " - RI (H 0) TOWN OF VAIL ` Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2013 SUBJECT: A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for amendments to a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC130003) Applicant: Dave Schulman, represented by Michael Pukas Planner: Rachel Dimond I. SUMMARY The applicant, Dave Schulman, represented by Michael Pukas, is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted site disturbance line for Lot 10, Vail Village West Filing 1, located at 1772 Alpine Drive to facilitate the construction of a patio and deck. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, subject to the findings noted in Section VIII of this memorandum, the Community Development Department recommends the Planning and Environmental Commission does not approve the proposed site disturbance line. However, the plat needs to be amended to reflect the site disturbance line approved by the Design Review Board and building permit in 2006. Therefore, Staff recommends the Planning and Environmental Commission approves an amended final plat with the amended site disturbance line approved as part of the building permit in 2006. For reference, a vicinity map (Attachment A) and the architectural plans and plats (Attachment B) are attached. II. DESCRIPTION OF THE REQUEST The applicant is requesting an amendment to the platted site disturbance line for Lot 10, Vail Village West Filing 1. The proposed site disturbance line would allow for the construction of a patio and deck on the east side of the lot. The proposed area of disturbance for the site would be 8,407 square feet, which is 675 square feet larger than the building permit approved disturbance area, and 1,131 square feet larger than the platted site disturbance area. III. BACKGROUND The subject property was annexed into the Town in 1986, at which time it was a vacant lot. From November 2004 through March 2005, the developer of Lots 10, 11 & 12, Vail Village West Filing 1, submitted conceptual plans to the Design Review Board. On March 16, 2005, during a final conceptual review of the proposals for general access and location of the residences, the Design Review Board agreed that access from one common drive at the north side of the development area was the best proposal for the site. The Board's sentiment was largely based on their desire for the preservation of as much of the southern area of the site as possible. On July 11, 2005, the Planning and Environmental Commission approved variances from lot area, site dimensions and setbacks and a minor subdivision for Lots 10, 11 & 12 that created equally sized lots, an access easement for the shared driveway and detailed the approved setback variances. A ten -foot side setback was approved for Lot 10 with the condition that "the applicant shall maintain a limits of disturbance line as shown on the site plan. No building encroachments or construction disturbance shall be allowed beyond this line." The PEC was concerned with site disturbance because of the steep slopes on the lot and wanted to concentrate development on the lower portion of the site, thus their reason for granting a variance. The PEC required that the limits of disturbance line follow a contour line just above an old road cut in the property to keep all site disturbance within previously disturbed areas. The originally approved site disturbance line is shown on the plat titled "Vail Village West Filing No. 1, A Resubdivision of Lots 10, 11, & 12," which was recorded on September 7, 2005. The originally approved disturbance area was 7,276 square feet. On December 7, 2005, the Design Review Board approved the final plans for new construction on Lots 10, 11 & 12. On March 1, 2006, the Design Review Board approved an amendment to the site disturbance line to add disturbance area on Lot 10 and reduce the site disturbance areas on Lots 11 & 12. On September 7, 2006, a building permit was issued for Lot 10 with an amended site disturbance area 456 square feet larger than the platted site disturbance area. On August 1, 2006, the Town of Vail passed Ordinance No. 17, Series of 2006, which stated, "In order to protect the natural landform and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation." Town of Vail Page 2 On February 13, 2007, an amended final plat was recorded titled "Second Amended Final Plat, Vail Village West, Filing No. 1, A Resubdivision of Lots 10, 11 & 12." This amended plat revised easement lines for the driveway based on built conditions but did not amend the site disturbance line to reflect approved conditions. IV. APPLICABLE REGULATIONS Title 12, Zoning Regulations, Vail Town Code 12-21-12: Restrictions In Specific Zones On Excessive Slopes Title 13, Subdivision Regulations 13-3-4: Commission Review Of Application; Criteria And Necessary Findings Chapter 13-12: Exemption Plat Review Procedures 13-12-1: Purpose And Intent 13-12-2: Exemptions In Procedure And Submittals 13-12-3: Plat Procedure And Criteria For Review V. SURROUNDING LAND USES AND ZONING VI. SITE ANALYSIS Address: 1772 Alpine Drive Legal Description: Lot 10, Vail Village West Filing 1 Zoning: Two-family Primary/Secondary District Land Use Designation: Low Density Residential Mapped Geological Hazards: 40% slopes on portion of site Development Standard Allowed/ Required Existing Proposed Town of Vail Page 3 Land Use Zoning North: Residential Two -Family Primary/Secondary District East: Residential Two -Family Primary/Secondary District West: Residential Two -Family Primary/Secondary District South: Residential Two -Family Primary/Secondary District VI. SITE ANALYSIS Address: 1772 Alpine Drive Legal Description: Lot 10, Vail Village West Filing 1 Zoning: Two-family Primary/Secondary District Land Use Designation: Low Density Residential Mapped Geological Hazards: 40% slopes on portion of site Development Standard Allowed/ Required Existing Proposed Town of Vail Page 3 Lot Area (min sq ft): 15,000 11,848 No change Frontage (min ft) Setbacks (min ft): Front (north) Side (west) Side (east) Rear (south) Rear (south) patios 30 ft. 25 ft. No change 20 20 No change 15 10 No change 15 15 No change 15 28 No change 7.5 21 8 Site Coverage (max sq ft) 2,370 (20%) Landscape Area (min sq ft) 7108 (60%) Hardscape (sq ft) Site Disturbance Area platted=7,276 VII. REVIEW CRITERIA 1,773(15%) 8246(70%) 392 approved=7,732 No Change No change 935(+543) 8,407 (+675 approved +1,131 platted) The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an amended final plat are outlined in Section 13-3-4, Vail Town Code, as follows: 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 Staff believes the proposed subdivision is inconsistent with numerous elements of the Vail Comprehensive Plan. Specifically, the proposed subdivision will increase disturbance on a steep hillside greater than 40% in slope (a high hazard). Goals 1.3 in the Vail Land Use Plan states, "Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment." While the proposed patio may not be visible from the valley floor, it will include a visible cut in the hillside from neighboring properties. The PEC approved site disturbance line Town of Vail Page 4 followed the contour directly above an old road cut to ensure that all new disturbance remained within old disturbed areas that were visible prior to development of the site. The proposal is contrary to the Vail Land Use Plan Goal 5.1, which states, "Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist." 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 and other pertinent regulations that the Planning and Environmental Commission deems applicable; and The proposed subdivision does not comply with 12-21-12, Restrictions on Specific Zones with Excessive Slopes, Vail Town Code. This regulation requires that only 60% of sites with slopes of 40% or greater be disturbed. The existing conditions depict a site disturbance of 65%, with the proposed site disturbance at 71 %. While the DRB could make an exception to this requirement, Staff does not believe the proposed patio would necessitate an exception be made. Further, the proposed subdivision does not meet the specific purpose of Title 12 "to conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features." 3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff believes the proposed subdivision does not present a harmonious, convenient and workable relationship among land uses, as it allows for increased site disturbance on a steep lot that was permitted to have a setback variance to avoid increased disturbance. Further, the Town's development objectives include protecting hazard areas in order to protect the welfare of the entire town. Increasing site disturbance on this steep hillside is not in line with this objective. 4) The extent of the effects on the future development of the surrounding area; and The proposed amended final plat modifying the plat restricted site disturbance line will have no affect the future development of the surrounding area as the proposal will not alter the potential development of other sites. Additionally, the property is located within a developed neighborhood. 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 5 The proposed amended final plat modifying the plat restricted site disturbance line will have no affect on the elements identified in the above criterion. The lot is currently developed within an existing neighborhood with public services currently provided. 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 under- sized lines; and Staff does not believe this proposal will not have any effect on the provision of utilities to the existing structure within a developed neighborhood. 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 believes the proposed amended final plat to modify the plat restricted site disturbance line will not provide for the growth of an orderly viable community as increased site disturbance on the steep slopes will become excessive. Further, the danger of allowing increased site disturbance on a steep slope will present a hazard danger and will reduce the beauty of the preserved hillsides, which is not in the best interest of the community as a whole. 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 believes the proposed subdivision will have detrimental effects on the natural environment, specifically on the vegetation and hillside features. The subject property was granted a setback variance in order to protect the hillside and vegetation. The proposed increased site disturbance on the hillside is contrary to the approved variance conditions and will further impact the hillside by increasing disturbance. 9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. As identified in the Section III of this memorandum the Planning and Environmental Commission required a condition of approval for the setback variance that the platted site disturbance area not be increased, as the setback variance was granted to reduce disturbance. Allowing increased disturbance is in conflict with the approval conditions of that setback variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, Town of Vail Page 6 to allow for amendments to a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. The approved plat should reflect the site disturbance line on the building permit. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this plat amendment, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves the amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for amendments to a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this plat amendment, the Community Development Department recommends the Commission make the following conditions: "1. The applicant shall amend the plat to show the approved site disturbance line as the building permit approved site disturbance line dated September 7, 2006. 2. The applicant shall amend the title of the plat to "Final Plat- Lot 10, Vail Village West Filing 1. " Should the Planning and Environmental Commission choose to approve this plat amendment request, the Community Development Department recommends the Commission makes the following findings: "1. That the subdivision is in compliance with the criteria listed in Section 13-3-4-A, Vail Town Code, based upon the review outlined in Section Vll of the Staff's February 25, 2013, memorandum to the Planning and Environmental Commission. 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, based upon the review outlined in Section Vll of the Staff's February 25, 2013, memorandum to the Planning and Environmental Commission. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, based upon the review outlined in Section Vll of the Staff's February 25, 2013, memorandum to the Planning and Environmental Commission. 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, based upon the Town of Vail Page 7 review outlined in Section Vll of the Staff's February 25, 2013, memorandum to the Planning and Environmental Commission." IX. ATTACHMENTS A. Vicinity Map B. Architectural Plans and Approved Plats Town of Vail Page 8 «000 .. \ say' r a /momd ld . [ '0 t m oo\\p�a oGIn §s\s\\%m dde !` � ƒ § «m, . 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QF g t �b £ 3€ Y§ _ Y Naty ."3 T I/ 30VhIA N2JOHd311VW 0 N rc rc a E J LSS1-7ZS-OL6 d 1£64-06£-016 0 LE9 t8 OJ "mnsdAO 99Z xog Od aao!d auoysmoll!M 96 oul 'dous u61sap 19919 00'[1-A A �� a"cl auidly ILL I 9sOZ 1EZ 1£011:ou !aosod t' IN 6u!pd'ysaM 060111A LPA "01101 Isa p ?J I ddw aqua ubuaU S n o I! o � n LSS t'GZ4-OL6 d LS96800'I!aA s t£67-06E-OL6 a anp4 auidly ILL I L£919 Do nsdA� SSO.L£L L£Olb :ou laoaod a S m 88Z ld G Od I 'IN Bullld'ISOM e�ell!A IPA `0t 1-1 ,n Iry aqui 'odo AS ubisep ddw aDuapisa?j uowjnuos 9 TOWN OF VAIL " Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2013 SUBJECT: A request for review of a major amendment to Special Development District No. 16, Elk Meadows, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for changes to building sites, changes to architectural guidelines, increase in GRFA, and revisions to the on-site EHU requirement, located at 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/ Elk Meadows Subdivision, and setting forth details in regard thereto. (PEC130005) Applicant: Elk Meadows Development, LLC, represented by Sharon Cohn Planner: Warren Campbell I. SUMMARY The purpose of this work session is to allow the applicant, Elk Meadows Development, LLC, represented by Sharon Cohn, to introduce four proposed changes to the adopted Elk Meadows Special Development District (SDD) No. 16 (Attachment A). The four proposed amendments are: • The relocation and reconfiguration of Lots 1, 2, and 3; • Revisions to the architectural guidelines; • Revisions to the on-site employee housing requirement; and • An increase in the allowable gross residential floor area (GRFA). The applicant has provided a written description of their request, dated January 28, 2013, which is provided for review (Attachment B). Final action on the proposed amendments will be requested at a future public hearing. Staff and the applicant ask that the Planning and Environmental Commission listen to the presentation, provide any feedback, ask any questions, and then table this application to the March 11, 2013 public hearing. II. RELOCATION AND RECONFIGURATION OF BUILDING ENVELOPES The applicant is proposing language amendments to SDD No, 16, adopted by Ordinance No. 17, Series of 1990, and the approved development plan for Elk Meadows to relocate and reconfigure Lots 1, 2, and 3. Elk Meadows currently has one single-family structure constructed out of the five single-family lots. Staff has attached a copy of the recorded subdivision for Elk Meadows (Attachment C). The proposal is to relocate Lot 1 to the south side of the private drive allowing for additional space to move Lots 2 and 3 east along the north side of the private drive. The relocated lots would be reconfigured to pull the future development of the Lots 2 and 3 away from the steep slopes adjacent to Buffehr Creek Road and increase the distances between the structures on Lots 2, 3, and 4. The relocated and reconfigured lots retain their current areas designated on the recorded plat. Staff has attached a copy of the proposed relocated and reconfigured building envelopes (Attachment D). Staff has reviewed the documents on file with the Town in order to understand the SDD as it was initially adopted and amended over the years. With regard to the request to relocate and reconfigure the lots, staff was looking for any discussion regarding the intent and logic associated with the current location of the lots. Staff was able to find a letter written by Town of Vail staff, dated April 16, 1980, to the Eagle County Planning Commission which recommending a tighter, clustered layout of the buildings toward the north hillside. The letter recognized the steep hillside and a sensitivity of the meadow area. Staff believes it is clear that there was a goal to protect the open meadow that runs along the base of the slope paralleling Buffehr Creek Road throughout The Valley PUD from being developed. Staff has attached a copy of the letter for review (Attachment E). Elk Meadows was initially Phase III of The Valley PUD adopted by Eagle County prior to annexation into the town. As a part of Phase III there were to be 10 dwelling units consisting of not more than 16,000 square feet of GRFA. A site plan from 1986 showing the location of the 10 lots (Attachment F). The plan shows nine (9) of the 10 units located on the south side of the private drive in the open meadow. Staff believes there may be benefits to the relocation of Lot 1 to the south side of the private drive. The relocation of Lot 1 allows for Lots 2 and 3 to be shifted eastward providing for a greater separation between each lot. The reconfiguration of Lots 2 and 3 allow for the future development to be pulled away from the property line, away from the edge of Buffehr Creek Road and its right-of-way, and further out of the steeper slopes adjacent to the road. Additionally, the reconfiguration maintains the originally intended footprints (site coverage) by maintaining the current platted areas, thus resulting in no change to the open space within SDD No. 16. Staff further believes that it would be more in keeping with the intent of the SDD to move the relocated Lot 1 to the west to be across from Lots 2 and 3. This move in the proposed location results in a consolidation of disturbance on the site and a continuance of the protection of the meadow. Staff has attached a copy of the site plan demonstrating some options that are possible and may protect the impact to the valley and meadow (Attachment D). Should a relocation and reconfiguration of the lots within Elk Meadows be approved, the applicant would need to file a subdivision application for review, approval, and recording prior to the filing of a building permit. Town of Vail Page 2 III. REVISIONS TO THE ARCHITECTURAL GUIDELINES The applicant is proposing revisions to the adopted architectural guidelines to permit for a greater diversity in the architectural character of the development. The current architectural guidelines required the construction of log cabin style structures, which is best exhibited by the structure constructed on the Lot 4. Ordinance No. 19, Series of 1987, included architectural guidelines for the SDD, as follows: Ordinance No. 19, Series of 1987 1. Roof pitch shall be between 4 feet and 12 feet and 6 feet in 12 feet. 2. Roof material shall be metal standing seam or a metal stamped California tile form and be either charcoal gray or dark blue in color. 3. Siding material shall be either cedar or redwood and shall be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. 4. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized it shall be light in color. 5. All windows shall be white metal clad windows. 6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow to contribute to the buildings character. Ordinance No. 17, Series of 1990, amended the adopted architectural guidelines found in Ordinance No. 19, Series of 1987. The applicant is proposing changes to these requirements. Changes to the current architectural guidelines (deletions shown in strikethFe i. h and additions shown in bold) are as follows: Ordinance No. 17, Series of 1990 1. Roof pitch shall be between -4 3 feet in 12 feet and 6 feet in 12 feet. Primary roof forms shall be gable, shed, or a combination of both. Other roof forms are allowed for secondary roof elements. 2. Roof material shall be GedaFshal asphalt or synthetic shake or shingles, e.g., DaVinci Shake, metal standing seam or a combination of both and be either charcoal grey or earth tone colors. 3. Siding material shall be Dither leg „r StUGGG With leg pediRs leg FailiRgs „r etheF leg rnernbeFs, RatuFal reEk�a^ at+en-ef the —eve, a} d shall be 'u�i7 zeR ` indiGa}t }[nc�tC}l�i i naI hiIding elevatieRs. OR ly light GGIeFed statR shall hie - applied -tethe sidiRg wood, stucco, regional stone, metal or a combination of the above. Only earth tone or transparent finishes can be applied to the specified materials. 4. Ci e�tUcGG eF sidiRg shall be appliedta-ec� GGRcetG fe indatieR walls. If StUGGG io utilized it shall be light in GGI„r Stucco or regional stone shall be applied to exposed concrete foundation walls. Town of Vail Page 3 5. All windows shall be white metal Glad eF weed woRdews, and will be "divided light" style. or natural colored metal clad windows. 6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow to contribute to the building's character. The record on file with the town contained document stating that the applicant proposed the architectural guidelines which were to create continuity in the structure designs on the site. Previously there were 10 dwelling units approved for the site and architectural continuity would have been important for that density on this site. Design continuity may be less important in a development containing five (5) development lots. With the exception of the multi -family development on Buffehr Creek Road there is a diversification of architectural styles. Staff believes the proposed language is in keeping with the intent of the SDD. Staff believes this application provides the opportunity to clarify the statements and intent of the architectural guidelines. Staff would suggest that statements such as "secondary roof elements", "earth tone colors", "regional stone", and "natural colored" should be clarified. For example, if the intent is that the structures should be shades of brown then it should be clearly stated. Staff would also suggest that graphics might help to define the desired architectural direction. IV. REVISIONS TO THE EMPLOYEE HOUSING REQUIREMENTS The applicant is proposing a revision to the SDD requirement for the provision of a single on-site employee housing unit (EHU) in conjunction within the second structure built in the SDD. As the first structure has been constructed the EHU is currently required to be built in conjunction with the next structure. The SDD states that the EHU shall be a minimum of 400 square feet and no more than 500 square feet of GRFA. The proposal is to permit the required on-site EHU to be provided off-site in conformance with Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. The proposal would not preclude the inclusion of an EHU in any of the structures, but allows for the one required on-site EHU to be transferred off- site. Similar requests have been made and approve for SDDs No. 29, The Valley Phase II (Crossview), and No. 34, The Valley Phase V (Flaum). Staff has reviewed the request and determined that the request for a major amendment and the codification of EHU mitigation requirements prescribed by Chapter 12-24 Inclusionary Zoning, results in the need for the development to mitigate the employees generated by the SDD pursuant to the Vail Town Code. The Inclusionary Zoning requirements require mitigation of 10% of the constructed GRFA. If all the requested 17,600 square feet of GRFA were constructed the development would be required to construct a minimum of 1,760 square feet of EHUs with 50% of this requirement on-site. Staff does believe there is merit to allowing the EHU mitigation to be provided off-site in accordance with Section 12-13-5, Employee Housing Deed Restriction Exchange Town of Vail Page 4 Program, Vail Town Code. Staff believe that the provision of the SDD requiring the mitigation of the EHU requirement in conjunction with the next structure should be maintained. The SDD text amendment that are adopted will need to clearly identify the size of the required EHU mitigation and the process for relocating it off-site as it will likely occur prior to the complete construction of all structures in the development. V. GRFA AMENDMENT The applicant is proposing to increase the allowable GRFA in the SDD by 10% to capture changes made to the methodology for calculating GRFA in 2004. In conjunction with the regulation changes in 2004 the measurement of GRFA was amended to include the width of exterior walls in a structure. The regulations determining allowable GRFA were adjust up by 10% to capture the amount of wall area within a structure. The SDD as currently adopted permits a maximum of 3,200 square feet of GRFA on each of the five building envelopes. Without an increase in GRFA the properties are effectively reduced by 10% in allowable size (2,880 s.f. per unit). Similar requests have been approved on plat restricted GRFA properties throughout town. A similar request was approved for the Eleni Zniemer subdivision to the northwest of Elk Meadows, also on Buffehr Creek Road. The result of the proposal is an increase in the allowable GRFA on each building envelope from 3,200 square feet to 3,520 square feet. Overall for the GRFA for the SDD would be increased from 16,000 square feet to 17,600 square feet. VI. BACKGROUND On July 26, 1973 Eagle County Commissioners approve The Valley preliminary plan and PUD for 150 units of 61.2 acres. On May 24, 1978 Eagle County Commissioners grant an extension of The Valley PUD as 120 of the approved units had not been constructed in the three year time frame associated with the PUD approval. On March 26, 1980 a PUD plan and protective covenants document is filed with Eagle County indicating that Phase III was subject to a land use restriction of 10 units and 16,000 square feet. On March 27, 1980 Resolution 80-20 allowed the phases of The Valley to be sold separately without further compliance with the subdivision regulations. April 16, 1980 the Eagle County Planning Commission recommended approval of the sketch plan for Elk Meadows. The Commission suggested that the units be tucked into Town of Vail Page 5 the hillside on the northeast side of the project and that the developer use berming and landscaping to buffer the project. April 16, 1980 Town of Vail staff sent a letter to the Eagle County Planning Commission which recommended a tighter clustered layout of the buildings toward the hillside. Vail staff recognized the steep hillside and sensitivity of the meadow area. In December of 1980 the Town of Vail annexed the West Vail area including Phase III of The Valley through Ordinance No. 43, Series of 1980. It was subsequently zoned by Ordinance No. 13, Series of 1981. On September 11, 1985 The Valley was de -annexed from the Town of Vail. On May 11, 1987 The Valley was re -annexed into the Town of Vail. On July 7, 1987 the Vail Town Council adopted Ordinance No. 19, Series of 1987 establishing SDD No. 16, Elk Meadows. The approved development plan was for nine (9) dwelling units which were comprised of five (5) single family and two (2) duplex units. The maximum allowable GRFA was 16,000 square feet on the seven building envelopes. On September 15, 1987 the Vail Town Council adopted Ordinance No. 32, Series of 1987 which repealed and reenacted the SDD with a reduction in the number of permitted dwelling units. The ordinance identified a maximum of the seven (7) single family dwelling units were permitted on the seven platted building envelopes. The maximum allowable GRFA for the SDD remained at 16,000 square feet divided equally over the seven units. On May 15, 1990 the Vail Town Council adopted Ordinance No. 17, Series of 1990 which repealed and reenacted the SDD with a reduction in the number of permitted dwelling units from seven (7) to five (5). The maximum allowable GRFA remained at 16,000 square feet divided evenly over the five units. Additionally, the ordinance codified revised architectural guidelines designed to result in all structures having a log cabin appearance and an EHU requirement of a single dwelling unit. VII. CRITERIA FOR REVIEW As this is a work session staff will not be addressing the criteria for review of an SDD amendment. Staff will respond tot the criteria upon request of a recommendation from the Planning and Environmental Commission. The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is Town of Vail Page 6 not applicable, or that a practical solution consistent with the public interest has been achieved: Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD 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 Town of Vail Page 7 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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. VIII. RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission listens to the applicant's presentation, asks questions, and tables this item to its March 11, 2013, public hearing for further deliberation. IX. ATTACHMENTS A. Vicinity Map B. Applicant's written request dated January 28, 2013 C. Elk Meadows Subdivision Plat D. Applicant's Proposed development plan with staff options E. April 16, 1980 letter from TOV to Eagle County Planning Commission F. Site plan from 1986 showing the 10 lots Town of Vail Page 8 f OIC TABLE OF CONTENTS: 1. COVER WITH VICINITY PLAN 2. LIST OF PROPERTY OWNERS 4. WRITTEN APPROVAL FROM THE ELK MEADOWS HOMEOWNERS ASSOCIATION 5. WRITTEN STATEMENT/ZONING ANALYSIS 6. EXISTING SITE PLAN 7. PROPOSED SITE PLAN 8. TOPOGRAPHIC COMPARISON BETWEEN EXISTING & PROPOSED LOTS 9. PHOTOGRAPHS Neighboring, Properties to Elk Meadows Subdivision (SDD) No. 16 - The Valley Phase III 1706 BUFFEHR CREEK Owner Name: BUFFEHR CREEK VAIL LLC Owner Address: 2 Peregrine Littleton CO 80127 Legal Summary: Subdivision: LIA ZNEIMER SUBDIVISION Lot 1: 1 BK -0551 PG -0208 MAP 08-30-91 R704151 DEC 07-30-99 R713020 DEC 1-28-99 R713020 DEC 10-27-99 R913252 DC 10-21-04 R913253 AFF 03-28-05 R913933 QCD 04 -21 -OS 1637 BUFFEHR CREEK RD Owner Name: Madden, John W., III Owner Address: 370 17`h St, STE 3500 Denver, CO 80202 Legal Summary: Subdivision: VALLEY SUB PHASE V Lot: 1 BK -0346 PGO -0760 10-04-82 BK -0346 PG -0760 PTD 10-04-82 R713020 DEC 10-27-99 1635 BUFFEHR CREEK RD Owner Name: BURGHARDT, LARS & HELGA In Care of Name: INGE ANDERSON Owner Address: 302 S Rabb Way Lakewood CO 80226 Legal Summary: Subdivision- VALLEY SUB PHASE V Lot: 2 BK -0346 PGO -0760 PTD 10-04-82 R713020 DEC 10-27-99 VALLEY CONDOMINIUM ASSOCIATION Owner Name: VALLEY CONDOMINIUM ASSOCIATION. Owner Agent: K ENTON KROHLOW Owner Agent Address: PO BOX 2475 Edwards, CO 81632 Legal Summary: Subdivision: VALLEY CONDO 1631 BUFFEHR CREEK RD Owner Name: RONNA J FLAUM Owner Address: PO BOX 3117 Vail, CO 81658 Legal Summary: Subdivision: VALLEY 5 U B PHASE V Lot: A BK -0735 PG -0708 MAP 08-27-97 BK -0735 PG -0709 DEC 08-27-97 R929743 EAS 09-16-05 1631 BUFFEHR CREEK RD Owner Name: BRADLEY & SUSAN TJOSSEM Owner Address: PO BOX 2975 Vail, CO 81658 Legal Summary: Subdivision: ELK MEADOWS SUBDIVISION Lot: 4 BK -0531 PG -0090 MAP 06-08-90 BK -0544 PG -0432 QCD 12-4-90 Bill of Sale (Land) KNOW ALL MEN BY THESE PRESENTS, d,.at SUSAN L. TJOSSEM of the County of EAGLE, State of COLORADO, (Seller), for and in consideration of $10.00 (*** Ten and 001100 ***) Dollars, to Seller in hand paid,at or before the ensealing or delivery of these presents by ELK MEADOWS DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY, of the County of EAGLE, in the State of COLORADO, (Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant and convey unto the said Buyer, Buyer's personal representatives, successors and assigns, the following property, all as stated in Section 2.5 Inclusions and 2.6 Exclusions of the Contract to Buy and Sell Real Estate (band) dated December 28, 2012 and entered into between the Seller and Buyer: 2.5.1 Fixtures. All fixtures attached to the Property on the date of the Contract. Other Fixt►rres: NIA If any fixtures are attached to the Property after the date of the Contract, such additional fixtures are also included in the Purchase Price. 2.5.2. Personal Property. if on the Property whether attached or not on the date of the Contract; Other Personal Property: NIA The Personal Property shall be conveyed by Seller free and clear of all taxes (except personal property taxes for die year of Closing), liens and encumbrances, except NIA. 2.5.3. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows.- N/A ollows:NIA The Trade Fixtures shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except. NIA 2.5.5. Growing Crops. With respect to growing crops, Seller and buyer agree as follows. NIA 2.6. Exclusions. The following items are excluded: Located at 1624 BUF'FEHR CREEK RD. AKA LOT I ELK MEADOWS SUB VAIL CO 81657 TO HAVE AND TO HOLD the same unto the said Buyer, Buyer's personal representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, Buyer's personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of the property, goods, and chattels, against all and every person or persons whomever. When used herein, the singular shall include the plural. Executed, by the Seller on January 16, 2013 SUSAN L. TIOS5EM Form 13299 17.12010 bill.sa1e.1and.odt 1-11 VB50035203 1157691521 111 IN 111111111111111 If III IIII Warranty Deed (Pursuant to 38-30-113 C.RS.) Pp. 3 02:25:11 PM REC: $21.00 DOC: $50.00 State Dncvmentary Fee Date: January 16, 2013 $ 50.00 THIS DEED, made on January 16, 2013 by SUSAN L. TJOSSEM Grantor(s), of the County of EAGLE and State of COLORADO for the consideration of ($500,000.00) -- Five iEhm red Thousand and 001100 ` doklars in band paid. hereby suis and conveys to ELK MEADOWS DEVELOPMENT, LLC, A COLORADO LIMITED LIAPiir.1TY COMPANY Grantee(s), whose street address is 141 E MEADOW DR #211 VATL, CO 81657, County of EAGLE, and State of COLORADO, the fallowing real property in the County of Eagle, and State of Colorado, to wit: PARCEL 1 LOT 1, ELIC MEADOWS SUBDIVISION, ACCORDING TO TME PLAT THEAEOF RECORDED JUNE: 8, 1990 IN BOOK 531 AT PAGE 90, COUNTY OF EAGLE, STATE OF COLORADO. PARCLL 2 AN UNDIVIDED 1/5 INTEREST IN AND TO: TRACT 1 AND TRACT 2, ELK MEADOWS SUBDIVISION, ACCORDING TO THE FLAT THEREOF RECORDED JUNE 8, 1990 IN BOOK 531 AT PAGE 90, COUNTY OF EAGLE, STATE OF COLORADO. also known by street and number as: 1624 BUFFEHR CREEK Rif. AKA LOT 1 ELK MEADOWS SUB VAI!. Co 81657 with all its appurtenances and warrants the title to the same, subject to EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE PTEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN SUSAN L. TIOSSEM SARAH K. DORUAN NOTARY PUBuc -NATE OF COLORADO StaiA ❑f COLORADO } GARY 10 20054023079 } sS. MY Cvmrr lssion Expires June 9, 2013 Ca unty of EAGLE ) The foregoing inspwenr was acknowledged before me on this day of January 16, 2013 by SUSAN L. T SSEM My eomnMsion expires �'- 1 --I ] l ---, When Remrded Return ED: ELK MEADOWS DEVELOPMENT, LLC, A COLORAi O LIMITED LIADILTTY COMPANY 141 E MEADOW DR #21.1 VAIL, CO 81557 Form 13082 M2008 wd.opeo.odt Warranty Deed Open (Phowgraphic) VB50035203 {15769188} Land Tftle � R [+ ' EXHIBIT A Property Address: 1624 BUFFEI3R CREEK RD. AKA LOT I ELK MEADOWS SUB VAIL CO SM57 RIGHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542 RIGHT OF WAY FOR BITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542 - RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH INAPPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT REC ORDED September Z0, 1972, IN BOOK 225 AT PAGE 443 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 29,1972, IN BOOK 225 AT PAGE 565 AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 22,1974, IN BOOK 233 AT PAGE 53 AND AS AMENDED IN DOCUMENT RECORDED JULY 1, 1983, IN BOOK 362 AT PAGE 804. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC, IN INSTRUMENT RECORDED AUGUST 24, 1967 IN BOOK 211 AT PAGE 103. AGREEMENT BETWEEN TAYVEL ENVlRONiVfENlAL LAND COMPANY AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY PROVIDING FOR TELEPHONE INSTALLATION AND SERVICE THROUGHOUT LION'S RIDGE SUBDMSION, FILING NO. 2, RECORDED SEPTEMBER 27,1973 IN BOOK 231 AT PAGE 29L EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LIONS RIDGE SUBDIVISION, FILING NO. 2 RECORDED SEPTEMBER 20, 1972 UNDER RECEPTION NO. 121219. TERMS, PROVISIONS AND CONDITIONS CONTAINED IN PLANNED UNIT DEVELOPMENT PLATY AND DECLARATION OF PROTECTIVE COVENANTS RECORDED MARCH 27, 1980 IN BOOK 300 AT PAGE 758 AND RERECORDED APRIL 10, 1980 IN BOOK 301 AT PAGE 415. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED .TUNE 07,1990 IN BOOK 534 AT PAGE 967. Farre 13100 0812008 b2exhibit.escrawodt VB50035203 115769158) 01301139 TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT OF WAY EASEMENT RECORDER AUGUST 08, 1991 IN BOOK 559 AT PAGE 506. RESTRIC117VE COVENAN'T'S, WMCH DO NOT CONTAIN FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, WAVY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FANIILiAL STATUS, MARTIAL STATUS, DISABI[LM, HANDICAP, NA`IIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH INAPPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RFSTRiCTION IS PERMITTED BYAPPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED June 08,1990, IN BOOK 531 AT PAGE 89. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ELK MEADOWS SUBDIVISION RECORDED .TUNE 8, 1990 IN BOOL{ 531 AT PAGE 90. Form 13100 OBR00B b2exhibit.escrow.ndt VB50035203 {I5789I50} )1301139 i eaK J V 1 1812u1:s Pgs: 3 02:25:11 PM REC: $21.00 DOC: $50.00 TD1000 REAL PROPERTY TRANSFER ]DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and utriform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requiramenw. All conveyance documents (deeds) subject to the documentary fee subrnitted to the county cleric and recorder for recordation must be aCrompanied by a Real. Property Transfer Declaration. This declaration trust be completed and signed by the granmr (seller) or grantee (buyer). Refer to 39-14-102(Ixa), C.1 -S. Penalty for !Noncompliance: Wbenever a Real Property Transfer Declaration does not accompany the deed, the cleric and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be terurned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .425% (00025) of the sales price, whichever is grater, This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration trold the property is sold. Refer to 39-14-102(T)(b), CRS. Confidentiality: The assessor is required in make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration, information derived from the Real Property Transfer Decdarat ion is available to any taxpayer or any agent of such taxpayer subject to card ide nd ality requirements as provided by Iaw, 39-5- 121,5. C.R.S, and 39-13-102(5)(c), CAS, 1. Address and/or leo description of the real property sold: Please do not use P.O. Sox numbers 1624 BUFFEHR CREEK RD. AKA LOT 1 ELK MEADOWS SUB VAIL CO 91657 2. T of Ptoperty purchased: ❑ Sin a Family Residential ❑ Townhome Condominium ❑ Ffuid.-Unit Res Commercial ❑ Industrial �] Agricultural Mixed Use X Vacant Land ❑other 3. Date of Closing: January 16t 2013 Date of Contract if different titan date of dosing. December 28z 2012^ 4. Total sale price: Including all real and persrnal property. $500,400.80 s. Was any pemonal property included is the transaction? Personal property would include, but not limited to, carpeting, draperies, free standing appliances, equipment, inventory, famin re. If the personal property is not -listed. the entire purchase price will be assumed m be for the real property as per 39-13-102, C.R.S. ❑ Yes D No If yes, approxiurate Value $ — Describe: 6. Did the total sales price include a trade or exchange of additional real or personal property? if yes, give the approximate value of the rods or services as of the date of closing. ❑ Yes ❑X NO If yes, value $ If yes, does this transaction involve a trade under116 Code Section 1031? ❑Yes ❑R No 7. Was 100% interest in the real property purchased? Mark 'no" if only a partial interest is being purchased. 0 Yes ❑ No If no, interest purchased.: _— % a. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons witftin the same famil business affiliates, or affiliated corporations. ❑Yes X No 9. Check any of the €olivwing that ply to the condition of the improvements at the time of purchase:, [} [New ❑Excellent flood ❑Average Fair ❑ Poor ❑ Salvage C If the property is financed, please complete the folirwing: CD 10. Total amount financed: S4UO,Q4t0.U8 � 11c�'a 11. T e of financing: (Check all that apply) nNew ❑ Assumed ❑X Seller ❑Third Party ❑ Combination; Explain Form 13199 06/2008 rpt,odt VB50035203 115769147] pgIof2 12. Terms: Variable; Starting interest rate Lj Fixed; interest rate Length of time ! Balloon Payment r can arrrtunwiL Pgs: 3 REC; $21.00 DOC: $50.00 To1000 02:25:71 PM e5 No if yes, amount Due page i t .� 1 , P explain any special ter seller concessions, or financing and any other ittfittnation that wot�lcl help the assessor understand terms of sale. For properties D11= than residential (Residential is d ed as: single family detached, townhomes, apartments, and c�ndaminiums) please complete questions 14-16 if applicable. Otherwis skip to #17 to complete, 14, Did the purchase prate include a franchise or license fee? Yes ❑ No If yes, francWse or License fee value? 15. Did the purchase price involve an installment land contract? ❑ Yes' � ❑ No If yes, dare of contract: I& If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? [] Yes [❑ NO Remarks: Please include any additignal information concerning the sale you may feel is important. __.._w� 17, Signed on this day of January 16, 2013 Have at least one of the partes to the transaction sign the documen and include an address and a daytime phone number. Signature of Grantee (Buyer) 0 nr Grantor (Seller) ELK MEADOWS DEVELOPMENT, LU, A COLORADO IlMrFIRD UAB1LITY COMPANY /,"� �VLQAA 07�� StfARON PUCZ 7 la, AuVaRizLD AGENT 18. All fimure correspondence (tax hills, property valuations, etc.) regarding this properly should be trailed to: ELK MEADOWS DEVELOPMENT, LLC, A COLORADO LIMITED LiAEILITY COMPANY 1.41 E MEADOW DR #211 VAIL CO 81657 Phone: a , • l E•3 2of3 Farm 13199 0612NO rpt.adt VB50035203 {15764147} pa 2 of 2 Department of Community Development 75 South Frontage Road Vail, CO 81657 1.24.2013 RE: Special Development District Application for Review by the Planning and Environmental Commission for a Major Amendment to an SDD — Elk Meadows Subdivision: SDD No. 16 on a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 (The Val fey— Phase Ill) To whom it may concern, This letter acknowledges the Elk Meadows Homeowners Association full support of Elk Meadows Development, LLC application for a Major Amendment to an SDD — Elk Meadows division: SDD No. 16. you, adl.ey * Susan Tjossem Prbicl''ent - Elk Meadows Homeowners Association 1630 Suffehr Creek Rd. Vail, CO 81657 v No o0 o m 0co c r, a 00 52' co co Z IL � Q -< Q co OD > 0 ❑ CL mp �n Ln QDC 00 a❑ W W OD V) 0 CL Lu p OL co 52 l C14 f"7 o o 04 O CC,o co co co (7 ['] Fn O CA 44.93 c6 J co Z IL 0 ! 0 CIO ^l l 4 M� 7W 0 ! OIL LO co 0 QO � 1.0 1 CA O [r^�.] 0 C Y Q J 0 Q❑ W W 0 Wp 44.93' )IHdVd SOdOi - C 1Ol ONIISIXI a co NOISIAiaans smoov3W )m Q N o co ;o v N a co;o CN CN CF) o o co co co CO 0o to co 0o 0o 10 18' 45.2 00 0 0 d - w Z 52.28' LU o �� Q bo :�o d' N q 00 coo co 00 co co co r0 coo O00 co o co C� O 44 083' Z � Q >0 ❑ 12L ` m 0 Ln Ln (Y) QO QO 00 ❑ J Q ❑ W W [{? �0 12L J iu 0 CL LUz z Y LIJ 0- 0 cz0- z o, w 44 083' k LY iAva, 4L l� - Mal 411 - _ �. to '44 awl 4 7 IM . �1411411,1 411 j PEC APPLICATION ELK MEADOWS SUBDIVISION 01282013 Department of Community Development 75 South Frontage Road Vail, CO 81557 January 28, 2013 RE: Special Development District Application for Review by the Planning and Environmental Commission for a Major Amendment to an SDD: Elft Meadows Subdivision: SOD No. 16 on a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 (The Valley — Phase III) To Whom It May Concern, We are requesting a major amendment to SDD No. 15 and a major subdivision for the Valley, Phase III, also known as Elk Meadows, DESCRIPTION OF THE REQUESTS: 1. Revisions to the current locations of Lots 1, 2 & 3 within the subdivision. The current location and configuration of Lots 1, 2, 3 & 4 are clustered closely together (18'-20' apart) on the north side of the site, inset in the steep hillside adjacent to Buffehr Creek Road. We are proposing modifications to the geometry and relocation of the building envelopes to pull the sites out of the steep hillside, further away from Buffehr Creek Road, minimizing the removal of existing trees, and reducing the perception of density by providing more desirable spacing between Lots. Though the geometry of the Lots change as a response to the topography of the site, the sizes do not. They maintain the acreage as set forth in the current SDD. Therefore there is also no impact to the amount of acreage (2.5 acres) dedicated as open space. Lot 1: 0.095 Acres Lot 2: 0.089 Acres Lot 3: 0.078 Acres 2. Revisions to the current Architectural Guidelines. The current Architectural Guidelines were set forth in the last amendment to the SDD in Ordinance No. 17, Series of 1990, reflecting the Alpine Log Home built by the owner of Lot 4. I PEC APPLICATION ELK MEADOWS SUBDIVISION 01282013 Design Guidelines Ordinance No. 17, Series of 1990: 1. Roof pitch shall be between 4 feet in 12 feet and 6 feet in 12 feet. 2. Roof material shall be Cedar shakes. 3. Siding material shall be either log or stucco with log perlins, log railings, or other log members, natural rock, or a combination of the above, and shall be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. 4. Either stucco or siding shall be applied to exposed concrete foundation wails. If stucco is utilized it shall be light in color. 5. All windows shall be white metal clad or wood windows, and will be "divided light" style. 6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow to contribute to the building's character. These guidelines were an amendment from the initial establishment of the SDD in Ordinance No. 19 1987, in which the approved design guidelines contained the following: n Guidelines Ordinance No. 19. Series of 1987- 1. Roof pitch shall be between 4 feet in 12 feet and 6 feet in 12 feet. 2. Roof material shall be metal standing seam or a metal stamped California the form and be either charcoal gray or dark blue in color 3. Siding material shall be either cedar or redwood and shall be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. 4. Either stucco or siding shall be applied to exposed concrete foundation walls. if stucco is utilized it shall be light in color. S. All windows shall be white metal clad windows. 6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow to contribute to the building's character. Proposed Design Guidelines: 1. Roof pitch shall be between 3 feet in 12 feet and 6 feet in 12 feet. Primary roof forms shall be gable, shed or a combination of both. Other roof forms are allowed for secondary roof elements. 2 PEC APPLICATION—ELK MEADOWS SUBDIVISION -01282013 2. Roof material shall be asphalt or synthetic shake or shingles, e.g., Davinci Shake, metal standing seam or a combination of both and be either charcoal gray or earth tone colors. 3. Siding material shall be either wood, stucco, regional stone, metal or a combination of the above. Only earth tone or transparent finishes can be applied to the specified materials. 4. Stucco or regional stone shall be applied to exposed concrete foundation walls. 5. All windows shall be white or natural colored metal clad wood windows. 6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow to contribute to the building's character. 3. Employee Housing Unit Requirement The current SDD requires a minimum of one employee dwelling unit, minimum of 400 SF not to exceed 500 SF, within the subdivision. We are requesting to allow the employee housing requirement of the SDD to be met within the district or off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. This will not preclude the ability for future employee dwelling units to be located on any of the lots per the current SDD. This request is similar to the following amendments made to neighboring Special Development Districts located on Buffehr Creek Road. ■ Amendments to SDD No. 29, The Valley Phase II (Crossview), which were approved by the Vail Town Council on January 3, 2012, through Ordinance No. 19, Series 2011. + Amendments to SDD No. 34, The Valley Phase V, which were approved by the Vail Town Council on November 20 2012, through Ordinance No. 14, Series of 2012. 4. Increase the allowable Gross Residential Floor Area IGRFAi 10% for each lot within the Elk Meadows Subdivision. This proposed amendment will maintain the intent of the original Valley PUD Agreement in which 16000 SF of GRFA was designated for the Valley Phase III. The current SDD allocates 3200 SF of GRFA per Lot. The amendments to the GRFA regulations enacted by Ordinance No. 14, Series of 2004, affected the method by which 3 PEC APPLICATION—ELK MEADOWS SUBDIVISION -01282013 GRFA within the Residential Cluster Zane district is measured. The current Lots are negatively affected by Ordinance 14 as the GRFA amendments require wall thickness to be counted as GRFA. The proposed 10% increase in GRFA per Lot is to recapture the GRFA "last" when wall thickness was revised t❑ be included in the GRFA calculations. This proposal will not change the intended size, bulk and mass of structures within the subdivision, LOT AREA ALLOWABLE GRFA PROPOSED GRFA LOT 1 3200 SF 3520 SF LOT 2 3200 SF 352.0 SF LOT 3 3200 SF 3520 SF LOT 4 3200 SF 3520 SF LOT 5 3200 SF 3520 SF TOTAL 16000 SF 17600 SF 4 PEC APPLICATION ELK MEADOWS SUBDIVISION 01282013 REVIEW CRITERIA Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the criteria for review of a Major Amendment to a Special Development District, These criteria have been provided below, along with an analysis of how this proposal complies with these criteria: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed modifications and relocation of Lots 1, 2 & 3 are in response to their current orientation on the steep hillside and their close proximity to Buffehr Creek Road. When altering Lots 2 & 3 to work better with the existing topography and minimize the site disturbance, we end up with lot 1 being situated on the southern side of the shared drive. This improved location of Lot 1 minimizes the overall site disturbance, improves the buffer zone between residences and the Buffehr Creek Road, and places one less lot within the rockfall hazard area. The r0ocation of these lots stilt preserves the natural features of the site while reducing the feeling of density similar to the adjacent Lia Zneimer & Elieini Zneimer Subdivision in which the lots allow for more adequate spacing between the residences. The proposed architectural guidelines are intended to create a more diverse grouping of residences similar to the adjacent Lia Zneimer & Elieini Zneimer Subdivision. The materials proposed are regional in nature and compatible with the Alpine Log Cabin currently built on the site. As there is only one residence currently constructed on this site, we believe there is an opportunity to expand and improve on the current guidelines to allow for slight diversity amongst the remaining residences. 2. Relationship: Uses. activity and densitv which provide a compatible. efficient and workable relationship with surrounding uses and activity. There is no change to the proposed uses and activities for the SDD. The improved locations of Lots 1, 2 & 3 create the perception of a reduction in density which is much more compatible with the neighboring Single Family subdivisions to the west {Lia Zneimer & Elieini Zneimer and north (The Valley Phase V), 3. Parking and Loading: Compiiance with parking and i_oading requirements as outlined in Chapter 10 of this title. There is no change in the parking requirements for the SDD. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The merits of the original SDD still comply, though our improved proposal better aligns with the objectives of the Vail Land Use Plan. The following are the applicable land use policies regarding this proposal. PEC APPLICATION ELK MEADOWS SUBDIVISION 01282013 1. General Growth /Development 11 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commerciat and recreational uses to serve both the visitor and the permanent resident. 1.22 The quality of the environment including air, water and other natural resources should be protected as the town grows. 1_3 The quatity of development should be maintained and upgraded when possible. 1_6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1_7 New subdivisions should not be permitted in high geological hazard areas. 5. Residential 51 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 53 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5_5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 5. Natural and or Geola icaI Hazard: Identification and m iflizatian of natural and or ReoIo itaI hazards that affect the property on which the special development district is proposed. A portion of the site is located within a high severity rockfall zone. There is no change to the proposed mitigation set forth in the current SDD. The proposed relocation of Lot 1 is a benefit as it would be located outside of the high severity rockfall zone. 6. Design Features: Site plan, building design, location and open space provisions_ designed to produce a functional development responsive and sensitive to natural features, vegetation and overall The proposed modifications and relocations of Lots 1, 2 & 3 are an improvement in regards to the following. PEC APPLICATION ELK MEADOWS SUBDIVISION 01282013 Site Plan: Improved integration of the Lots into the existing topography of the site, minimizing the site disturbance, improved buffer zone from Buffehr Creek Rd_ and between residences similar to that of the neighboring single family subdivisions. Bui)ding Design; By pulling the Lots out of the steep hillside and spacing them farther apart we create improved building envelopes for the design of the future residences. Location/Open Space: Our proposal reduces the perception of density similar to the adjacent Lia Zneimer & Elieini Zneimer Subdivision. We maintain the natural features of the site while minimizing the impact to the existing trees on the North side of the site. We believe this improves the aesthetic quality of the community. There is no reduction in the amount of dedicated open space per the SDD. 7. Traffic: A circulation system designed for both vehical and pedestrians addressing on and off site traffic circulation. There is no change to the circulation system for the SDD. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. There is no change to the conceptual landscape design included in the current SDD. A review of the specific landscaping for each lot will occur first with the HOA in conjunction with the landscape provisions within the covenants followed by a review by the Town of Vail Design Review Board. 9. Workable Plan: Phasing pian that will maintain a workable, functional and efficient relationship throughout the development of the special development district. There is no change in the phasing plan for the SDD. PEC APPLICATION ELK MEADOWS SUBDIVISION 01282013 ZONING ANALYSIS EXISTING SDD PERMITTED USES: SINGLE FAMILY RESIDENTIAL DWELLINGS OPTIONAL EMPLOYEE DWELLING UNIT LOT SIZES: LOT 1: 4138 SF SINGLE FAMILY LOT LOT 2: 3877 SF SINGLE FAMILY LOT LOT 3: 3398 SF SINGLE FAMILY LOT LOT 4: 4051 SF SINGLE FAMILY LOT LOT 5: 6142 SF SINGLE FAMILY LOT TOTAL: 21606 SF TOTAL FOR BUILDING ENVELOPES SETBACKS: E & W SIDES = 2' FROM BUILDING ENVELOPE LINE N SIDE = 3' FROM BUILDING ENVELOPE LINE urlrtur. 33' SLOPING ROOF 30' FOR FLAT ROOF DOES NOT APPLY AS DESIGN GUIDELINES REQUIRES SLOPING ROOF SITE COVERAGE: NO STANDARD FOR BUILDING ENVELOPES GRFA: 16000 SF OR 3200 SF PER BUILDING ENVELOPE PROPOSED REVISIONS PERMITTED USES: NO CHANGE LOT SIZES: NO CHANGE SETBACKS: ADD THAT PORCHES, STEPS, DECKS WITHIN 5 FEET OF GROUND LEVEL MAY PROJECT NO MORE THAN I0 FEET BEYOND THE SETBACKS ADD THAT BALCONIES, DECKS, TERRACES AND OTHER SIMILAR UNROOFED FEATURES PROJECTING FROM A STRUCTURE A TA HEIGHT OF MORE THAN 5 FEET ABOVE GROUND LEVEL MAY PROJECT NO MORE THAN 5 FEET BEYOND THE SETBACK HEIGHT: NO CHANGE SITE COVERAGE: NO CHANGE GRFA: 17600 SF OR 3520 SF PER BUILDING ENVELOPE DENSITY: DENSITY: 5 DWELLING UNITS + 5 EMPLOYEE DWELLING UNITS NO CHANGE E PEC APPLICATION ELIC MEADOWS SUBDIVISION 01282013 LANDSCAPING: LANDSCAPING: TRACT 1: 2.5 ACRES WILL BE DEDICATED OPE SPACE; NO CHANGE OR 69% OF THE TOTAL SITE PARKING: PARKING: ATLEAST ONE ENCLOSED PARKING SPACE, PER NO CHANGE DWELLING UNIT, WILL BE PROVIDED. 0 6 \ ,0000 W e0259 \ oso Sy F a � 3°52'59 Z aN O U� in O Ui Q O o Z Cf) Lu Q jLLJsap o \\ a 9283 W— Zn Q :§. � 9 c _ W w Q zo 3 \ o pJ �O J \ r «88 3,9p6S s< mmmaary m I \ \ 4 WV31il 10W box 100 vail. colorado 81657 (303) 476-5613 MEMORANDUM department of community development TO: EAGLE COUNTY PLANNING COMMISSION FROM: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT -PETER PATTEN DATE: April 16, 1980 RE: FILE NO. Su -114-80-S4, The Valley Parcel III Sketch Plan Review of 10 Townhouse Units The Town of Vail Department of Community Development has reviewed the proposed layout of 10 townhouses on this parcel. We have been in contact with the architect and feel that we can work with them to improve the site design. A more clustered, tighter layout of the buildings located more toward the hillside on the southeast would be preferable and allow for a more creative site design. It is a difficult parcel due to the sensitivity of the meadow area and the steep hillside. Since the units to the west in Phase 6 will be located in the meadow, it might be more desirable to leave as much of the meadow on this site open so that it is not developed from one end of the valley to the other. We are more than willing to work further with the developer and the architect in arriving at a mutually satisfiable solution for the 10 units on this parcel. Sinc y, Peter Patten Planner Dick Ryan Director LL � 3 #OO5/ F \\ k I—_ a I J W U N cr d O z� Z0�l O z' ) K J > a W oW Z m00, �z� cn O j z O > m a p EZ -1 a 0] V) W W Z N U) - W Y W Z j J O (A W a J 3 K) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2013 SUBJECT: A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the construction of a deck infill and addition to the roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge)/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130007) Applicant: Patricia Scheerly and Bruce Bolyard, represented by Suman Architects Planner: Rachel Dimond SUMMARY The applicants, Patricia K. Scheerly and Bruce Bolyard, represented by Suman Architects, are requesting a variance from the setback standards of the High Density Multiple -Family District to allow for the construction of a residential addition and shed roof addition within the required 20 foot front and side setbacks. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B) and proposed plans (Attachment C) have been attached for review. II. DESCRIPTION OF REQUEST The applicants are requesting a setback variance to allow for a residential addition of 122 square feet (5 feet by 24.5 feet) that would infill an existing deck that encroaches 14 feet into the side (west) 20 foot setback. The proposed addition would be built over existing garage structure, so no new site coverage is being proposed. A new roof element is being proposed in the front (south) setback that will encroach 19 feet into the front setback. The new shed roof element will replace existing roof structure that currently encroaches into the setback the same amount as the proposal. Landscape area will not be affected. No new parking is being proposed. Pursuant to Chapter 12- 24, Inclusionary Zoning, Vail Town Code, the applicant will be required to mitigate the 122 square feet of net new GRFA with either a fee -in -lieu of $1,679.33 or by deed restricting a unit. Riva Ridge North has two front setbacks, with the east side serving as a pedestrian entrance and the south side serving as the vehicular entrance. The west and north sides are considered side setbacks. Because setbacks are 20 feet on all sides, this unique situation does not affect buildable area. III. BACKGROUND The Riva Ridge North Chalets were built in 1969 within the Town of Vail prior to the adoption of zoning regulations. Upon being zoned High Density Multiple Family in 1978, the structure and site became non -conforming. In 2002, a variance was granted to Riva Ridge North Chalets Condo Association for construction of a new entry feature in the front (east) setback. The entry feature is located at the corner of Gore Creek Drive and Willow Bridge Road next to Checkpoint Charlie and is partially located in the right-of-way. The variance was granted due to existing conditions of the building, which encroaches into all four setbacks. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal (click on the underlined links for regulations): Title 12, Zoning Regulations, Vail Town Code: Chapter 12-1: TITLE, PURPOSE, AND APPLICABILITY Section 12-1-2: Purpose ARTICLE 12-6H: HIGH DENSITY RESIDENTIAL DISTRICT 12-6H-1 Purpose: 12-6H-6: Setbacks.- Chapter etbacks: Chapter 12-17: VARIANCES 12-17-1: Purpose: 12-17-6: CRITERIA AND FINDINGS: Chapter 12-24, Inclusionary Zoning Vail Land Use Plan CHAPTER II — LAND USE PLAN GOALS / POLICIES Town of Vail Page 2 V. SITE ANALYSIS Address: Legal Description: Lot Area: Zoning: Land Use Designation Geological Hazards: Development Standard Lot Area (sq.ft. min) Setbacks (ft. min): Front (East) Front (South) Side (North) Side (West) GRFA (sq.ft. max): 133 Willow Place, unit 635 & 640 Lot 6, Block 6, Vail Village 1St Filing 11,930 sq. ft. (0.274 acres) High Density Multiple Family District High Density Residential None Dwelling units (max #) Site Coverage (sq.ft. max): Landscape Area (sq.ft. min) Parking (min. spaces) Allowed/Required Existing Proposed 10,000 11,930 no change 20 0 no change 20 6 no change 20 9 no change* 20 4 no change** 9,066 13,598 13,720 (+122***) 6 10 no change 6,566(55%) 7,156(60%) no change 3,579(30%) 4,374(37%) no change 14 12 no change *Existing roof overhang is 1 foot from property line. Proposed roof is same distance to property line as existing. **Proposed addition is 6 feet from side (west) property line. ***Addition is considered a 250 addition, per Chapter 12-15, Vail Town Code. VI. SURROUNDING LAND USES AND ZONING North South East: West: Land Use Zoning Residential High Density Multiple -Family District Residential High Density Multiple -Family District Mixed Use Commercial Core 1 District Park Outdoor Recreation District Town of Vail Page 3 VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-17, Variances, Vail Town Code, as follows, with Staff response: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance would allow for a residential addition on the second floor in the side (west) setback facing Willow Park. The location of the proposed infill does not directly affect any other structures or uses in the vicinity. There is no change in use or intensity of use based on this requested variance. Further, similar residential additions requiring setback variances have been approved at other buildings in the vicinity, such as at 74 Willow Road (The Willows- prior to redevelopment), 114 Willow Road (Riva Ridge South) and 83 Willow Place (Riverhouse Condos). The proposed roof structure is one foot off the property line, which is the same distance as the existing roof overhang. The proposed addition is compatible with the architectural character of the neighborhood and will not change the character of this building or its relationship to other structures. Staff believes the proposed variance will not change the relationship of Riva Ridge North with the surrounding structures and uses in the vicinity. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The proposed addition requiring a variance is considered a 250 addition because there is no allowable gross residential floor area remaining. A 250 addition is not guaranteed, especially when a variance approval is needed to facilitate that addition. However, the applicant is requesting 122 square feet to infill a deck, which is the minimal amount necessary to facilitate the infill of an existing deck. The deck is the only area available to acquire additional floor area, and because the building is already in the setback, a variance is necessary to create any new space within the unit. Other sites in the vicinity have been granted similar setback variances for residential additions (see criteria #1 for addresses) and granting this variance would provide uniformity and compatibility of treatment among sites in vicinity. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes the requested variance will not have any effects on distribution of population, transportation and traffic facilities, public facilities and utilities and public safety, as the 122 square foot addition will not increase the number of bedrooms in the dwelling unit, thus keeping overall occupancy the same. The requested variance will not affect the ground level, and thus will not affect any facilities on the ground such as transportation and traffic facilities, utilities and public safety. Staff does believe that the Town of Vail Page 4 proposed roof changes will have an effect on light and air, as the perceived bulk and mass of the building will change with the addition of a new shed dormer within the front (south) setback. The proposed shed will increase building height at the eave of the shed of the south elevation from 28 feet to 36 feet, just below the existing main roof ridge of the building. The proposed roof changes are compatible with the architecture of the building and the surrounding neighborhood. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. VIII. RECOMMENDATION The Community Development Department recommends approval, with conditions, of this request for a variance. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for the construction of a residential addition and new shed roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge)/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission imposes the following condition: "1. Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The applicant shall mitigate the construction of 122 square feet of GRFA, pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code, prior to the issuance of a building permit. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandums to the Planning and Environmental Commission dated February 257 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds.- Town inds: Town of Vail Page 5 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple -Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the High Density Multiple -Family District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple -Family District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Plans Town of Vail Page 6 • I I,. 44077/M Zx owl- AJ*� kk, !W V Ar I 1A LU it J* AA SUMAN A R C H I T E C T S January 28, 2013 Riva Ridge Unit 640 Remodel Riva Ridge, Lot 6, Block 6 Vail Village l st Filing Variance Application for Side Setback RE: Section 12-6H-6, Setbacks, Vail Town Code 1. Description of Variance Requested The Riva Ridge Unit 640 owners have a growing family needing more space and would like to enclose areas of their existing decks. They are entitled to an additional 250 sq. ft. per the 250 ordinance which is still available for each unit. The existing building was originally constructed with encroachments in all setbacks around the site. The variance being requested will allow approximately 122 sq. ft. of GRFA to be constructed within the West setback above existing encroachment areas on the garage level. Below is a detailed breakdown of the existing conditions: Zoning Statistics Lot size: 11,930 sq. ft. (0.274 acres) Zoning: High Density Multiple Family Development Standard Allowed/Required Existing Proposed Setbacks: West 20 ft. 4 ft. No Change South 20 ft. 6 ft. No Change East 20 ft. 0 ft. No Change North 20 ft. 9 ft. No Change Site Coverage: 6,566 sq. ft. 7,156 sq. ft. No Change GRFA: 7,158 sq. ft. 13,598 sq. ft. 13,720 sq. ft. (increase of 122 sq. ft.) Landscape Area: 4,374 sq. ft. 4,374 sq. ft. No Change Total Proposed Additional GRFA in Setbacks 122 sq. ft. The property was built in 1968 prior to the adoption of zoning regulations within the Town of Vail. It subsequently was zoned High Density Multiple Family and immediately rendered existing Non - Conforming because the building was originally constructed in all required setbacks. This pre-existing nonconforming condition through no fault of the applicant(s) is a hardship based on the strict and literal interpretation of the code as any perimeter expansion or deck enclosure will require approval of a variance from the required 20 foot setback. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 Vail, CO 81657 o 970.479.7502 m 970.471.6122 SUMAN A R C H I T E C T S 2. Analysis of Proposal Given the existing plan constraints, the decks are the only practical areas for addition that do not change the perceived bulk and mass of the building. In addition, the west facing deck proposed to be enclosed, stacks above an existing encroachment at the Garage Level below. Existing deep roof overhangs of the structure extending beyond the edge of decks define the perceived bulk and mass of the building. The proposed deck enclosure moves the existing exterior wall of the unit out approximately 5'-0" yet stays within the roofline. Because the new enclosed area will reside below the existing roof line without modifying it and above the lower level encroachment, it will blend in with the current architecture. The adjacent property to the West is Willow Park open space. Also, existing large mature evergreen trees screen the entire west fapade of the building including the proposed area of expansion. Based on location and the existing tree stand to remain, the proposed expansion has no impact on development standards and neighboring properties. Photo 1 - Shows the existing trees that will screen the new enclosure and the existing West setback encroachment on the Garage Level below it. Photo 2 - Shows the existing trees on the Southwest corner of the building Photo 3 - Shows how the center portion of the Riva Ridge south building has solid mass in the center of the fapade similar to what is being proposed in this application. 3. Approval Criteria Based on practical difficulties, the requested variance will allow Units 640 to take advantage of the 250 ordinance which they are entitled to. Many precedents for this type of variance being granted exist: for example at the Tyrolean Condominium Building. Therefore, the proposed variance is not a grant of special privilege given the non -conforming condition of the existing building; precedence; small size of the addition; and it's negligible impacts to anything. 4. Effect on light and air, distribution of population, transportation and traffic facilities, etc. The proposed variance will have no affect on these items. michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 SOMAN ARCHITECTS PHOTO 1 - West Fapade where deck enclosure is proposed michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 Vail, CO 81657 o 970.479.7502 m 970.471.6122 4aL w. SUMAN ARCHITECTS PHOTO 3 - Riva Ridge South showing similar massing to what is being proposed michael@sumanarchitects.com 141 East Meadow Drive, Suite 211 o 970.479.7502 Vail, CO 81657 m 970.471.6122 PK Scheerle, RN Dear Ladies and Gentleman of the Vail Planning and Environmental Commission: Please allow me to introduce myself and my family to you. We have come to Vail to ski for many, many years. As most of you know, Hurricane Katrina hit New Orleans hard in 2005, at which time we moved our four children: Elizabeth, 17, Katherine 16, Olivia, 13, Bobby, 12, to Vail to live in our ski apartment at the Lodge for what we assumed would be a few days. That turned out to not be the case. For the past eight years, all four children have been students at the Vail Mountain School. My youngest child, Bobby, is a ski racer at the VMS with Ski Club Vail. We humbly request your approval on the changes with our apartment to make it more livable for our growing family. We live in Vail fulltime and appreciate any consideration you could give us on our renovation. With Mr. Suman in charge, I am sure it will be beautiful. Thank you in advance for your kindness. Respectfully yours, PK Scheerle, RN and Bruce Bolyard PK Scheerle, RN 174 E. Gore Creek Drive, #635 Vail, CO 81657 504-236-7993 pk@pknurse.com 174 E. GORE CREEK DRIVE, #635 • VAIL, CO • 81657 PHONE: (504) 236-7993 • FAX: (504) 831-3686 SYMIMri0W1Oa HiaaM �Md YA14 a � S c n a 2I 4. ti X:110 3 o r. p q. 0 re p6` uw��0 ww] QN tel` co `y 1 0 h• I! II li o CT] 2 C! j Q m [v ❑co p � o �o Y � h � Q II in C+ Z c w ! 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LU X p w U a w v OD 0 U 'a ZE a) 0) C) U O IL 3 C) LU IL 0 c 3 O 17 Z LU LU n U a w v LU LU LU D O V) 0 LU V) O r O CL OD 0 U 'a H I I -'r OP, Flo10 Ad Name: 8925135A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM FebruaryTOWNaAMBEm TOWN COUNCIL CHAMBERS Your account number is- 1OP2P 33 / PUBLIC WELCOME 75S. Frontage Road - Vail , Colorado, 81657 Site Visit: Vail Daily 1.Scheerly/ Bolyard Residence- 133 Willow Place 2.Ford Park- 530, 540, and 580 South Frontage Road East PROOF OF PUBLICATION Wa 4.EOIk dum Meadows-n1624 Buffehrl umbine Creek Road 5.Schulman Residence- 1772 Alpine Drive 15 minutes STATE OF COLORADO } 1.A request for the review of a variance from Sec- tion 12-6G-6, Setbacks, and Section 12-6G-9, Site Coverage, Vail Town Code, pursuant to Chapter l SS 12-17, Variances, Vail Town Code, to allow for the I construction of a bay window within the side set- COUNTY OF EAGLE } back, located at 4254 Columbine Way/Lot 9, Big- horn Terrace, and setting forth details in regard thereto. (PEC130006) Applicant: Johnnie and Deb Odium, represented by I, Don Rogers, do solemnly swear that I am a qualified Rodney Molitor Planner: Rachel Dimond representative ofthe Vail Daily. That the same Daily newspaper 20 minutes 2.A request for the review of a final plat, pursuant printed, In whole or In part and published in the County to Chapter 13-12, Exemption Plat Review Proce- dures, Vail Town Code, to allow for amendments to of Eagle State of Colorado and has a general circulation a platted site disturbance line, located at 1772 AI- pine Drive/ Lot 1ls Vail Village West Filing 1, and forth details in thereto. > > therein; that said newspaper has been published continuously setting regard (PEC130003) Applicant: Dave Schulman, represented by Micha- el Pukas and uninterruptedly in said County of Eagle for a period of Planner: Rachel Dimond 45 minutes more than fifty-two consecutive weeks next prior to the first 3.A request for review of a major amendment to Special Development District No. 16, Elk Meadows, Publication of the annexed legal notice or advertisement and g pursuant to Section 12-9A-10, Amendment Proce- dures, Vail Town Code, to allow for changes to that said newspaper has published the requested legal notice 1� q g building sites, changes to architectural guidelines, increase i 1 24 Bu and relocation of Elk 1624 Buffehr Creek Road/EIk Meadows located Meadows and advertisement as requested. at Subdivision, and setting forth details in regard thereto. (PEC130005) Applicant: Elk Meadows Development, LLC, rep- resented by Sharon Cohn The Vail Daily is an accepted legal advertising medium, Planner: Warren Campbell 15 minutes for jurisdictions operating under Colorado's Home 3' li g 4.A request for the review of a variance from Sec- t12-6H- Setbacks, Vail Town Code, to allow iononl Rule rOVlSlon. t for the construction of a deck infill and addition to the roof in the front and side setbacks, located at li 133 Willow Place (Riva Ridge)/ Lot 6, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130007) That the annexed legal notice or advertisement was Applicant: Patricia K. Scheerly and Bruce Bolyard, represented by Suman Architects published in the regular and entire issue of every Planner: Rachel Dimond 60 minutes number of said daily newspaper for the period of 1 5.A request for the review of amendments to a conditional use permit for a "public and private consecutive insertions; and that the first ublication of said P parks and active outdoor recreation areas, facili- 0, ties and uses", pursuant to Section 1 Ato Amendment Procedures, Vail Town Code,, to notice was in the issue of said newspaper dated 2/22/2013 and all allow for the construction of various improvements at Ford Park (Gerald R. Ford Amphitheater social that the last publication of said notice was dated 2/22/2013 in courtyard, box office improvements, Betty Ford Way improvements, Betty Ford Alpine Garden ex- the issue of said newspaper. pansion, new Betty Ford Alpine Gardens Alpine Education Center, nature trail, riparian restoration, playground restrooms) located at 530, 540, and 580 South Frontage Road East/ Unplatted, and setting forth details in regard thereto. (PEC130004) In witness whereof, I have here unto set m hand this day, Applicant: Town of Vail, represented by Todd Op- 02/28/2013. penheimer ACTION: Tablet Mach 11, 2013 6.Approval of February 11, 2013 minutes MOTION: SECOND: VOTE: 7.Information Update 8.Adjournment General Man ager/Publisher/Editor MOTION: SECOND: VOTE: Vail Dail The applications and information about the propos- y als are available for public inspection during regu- Subscribed and sworn to before me, a notary public in and for lar office hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. the County of Eagle, State of Colorado this day 02/28/2013. The public is invited to attend the project orienta- tion and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Times and order of items are approximate, subject to change, and cannot be re- lied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional in- formation. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Im- Pamela J. Schultz, Notary Public paired, for information. My Commission expires. November 1, 20155 Community Development Department Published February 22, 2013 in the Vail Daily. (8925135) �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0152015 Ad Name: 8880692A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Customer: TOWN OF VAIL/PLAN DEPT/COMM NOTICE IS HEREBY GIVEN that the Planning and Your number is- 1 OP2P 33 Environmental Commission of the Town of Vail will account hold a public hearing in accordance with section Vail Daily 12-3-6, Vail Town Code, on February 25, 2013 at 1:00 pm in the Town of Vail Municipal Building. A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Proce- PROOF OF PUBLICATION dures, Vail Town code, to allow for amendments aplatted site disturbance line, located at 1772 Al- l - pine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC130003) STATE OF COLORADO } Applicant: Dave Schulman, represented by Micha- el Pukas Planner: Rachel Dimond }SS. COUNTY OF EAGLE } A request for review of a major amendment to Special Development District No. 16, Elk Meadows, pursuant to Section 12-9A-10, Amendment Proce- dures, Vail Town Code, to allow for changes to building sites, changes to architectural guidelines, 1, Don Rogers, do solemnly swear that I am a qualified increase in GRFA and relocation of on-site EHU, located at 1624 Buffehr Creek Road/ Elk Meadows representative ofthe Vail Daily. That the same Daily newspaper Subdivision, and setting forth details in regard thereto. (PEC130005) Applicant: Sharon Cohn printed, in whole or in part and published in the County Planner: Warren Campbell of Ea le, State of Colorado, and has a eneral circulation g g A request for the review of a variance from Section 12-6G-6, Setbacks, Section 12-6G-9, Site therein; that said newspaper has been published continuously and Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the and uninterruptedly in said County of Eagle for a period of construction of a bay window within the side set - back, located at 4254 Columbine Way/Lot 9, Big- more than fifty-two consecutive weeks next prior to the first horn Terrace, and setting forth details in regard thereto. (PEC130006) Applicant: Johnnie and Deb Odum, represented by Ppublication of the annexed legal notice or advertisement and g Rodney Molitor Planner: Rachel Dimond that said newspaper has published the requested legal notice A request for the review of a variance from Section and advertisement as requested. 12-6H-6, Setbacks, Vail Town Code, to allow for the construction of a deck infill and addition to the roof in the front and side setbacks, located at 133 Willow Place (Riva Ridge)/ Lot 6, Block 6, Vail Vil- The Vail Daily is an accepted legal advertising medium, lage Filing 1, and setting forth details in regard thereto. (PEC130007) Applicant: Scheerly and Bruce Bolyard, represent- onlyfor jurisdictions operating under Colorado's Home 1� g ed by Suman Architects Planner: Rachel Dimond Rule provision. The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- That the annexed legal notice or advertisement was ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call published in the regular and entire issue of every 970-479-2138 for additional information. Sign language interpretation is available upon re- number of said dailynewspaper for the period of 1 1� quest, with 24-hour notification. Please call consecutive insertions; and that the first publication of said 970-479-2356, Telephone for the Hearing Im- paired, for information. notice was in the issue of said newspaper dated 2/8/2013 and (8880692)d February 8, 2013 in the Vail Daily. that the last publication of said notice was dated 2/8/2013 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 03/27/2013. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 03/27/2013. 2mg-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015