HomeMy WebLinkAbout2019-03-11 PECTOW?J OF ffl��
PLANNING AND ENVIRONMENTAL COMMISSION
March 11, 2019, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
1. 1. Attendance
Present: Brian Gillette, Pam Hopkins, Rollie Kjesbo, Ludwig Kurz, John -
Ryan Lockman, Karen Perez, Brian Stockmar
Absent: None
2. Site Visits
2.1. 1740 Sierra Trail
3. Main Agenda
3.1. A request for review of a variance from Section14-3-1, Minimum Standards, 60 min.
Vail Town Code, pursuant to Title 12 Chapter 7, Variances, Vail Town Code,
to allow for a driveway with a slope of greater than 8% for the first 10 feet at
the edge of a public road, located at 1740 Sierra Trail/Lot 22, Vail Village
West Filing 1, and setting forth details in regard thereto. (PEC19-0003)
Applicant: 1740 Sierra Trail LLC, represented by Western Development
Inc.
Planner: Chris Neubecker
Planner Neubecker introduced the requested variance to the board and
explained staff's analysis of the criteria.
Commissioner Stockmar reminded the board that cost is not a
consideration for a variance.
Commissioner Lockman asked about the effects of a denial.
Neubecker explained that if the variance is denied, the heated concrete
driveway will have to be removed and replaced.
Tom Kassmel, Town Engineer, explained when the regulation took effect
1999.
Commissioners inquired about how the slope was measured.
Neubecker indicated that the slope was measured with a smart level, and
that the applicant had the driveway slope measured by a surveyor.
Keith Novick, the applicant, provided additional information about what a
remedy would involve. Mr. Novick spoke to the history of the lot and its
uniqueness, specifically the previous landslide and the groundwater. How
the house was constructed was detailed including excavation. Mr. Novick
discussed the geotechnical report, groundwater present on the site and the
eventual construction of the driveway.
Commissioner Perez asked for clarification on who Mr. Novick is in
relation to the project.
Mr. Novick explained that he is both the owner and general contractor. He
also stressed the uniqueness of the site and his disagreement with staff
that a remedy would be possible. He feels that the design of the existing
driveway is safe and that to fix the problem may result in adverse drainage
on neighboring properties
Commissioner Kjesbo spoke to his experience with driveways in Vail and
feels that this variance would be a grant of special privilege.
Commissioner Lockman asked about the Town's inspection protocol.
Neubecker explained the inspection protocol.
Commissioner Perez asked about the approved plans.
Neubecker provided details on the approved plans.
Tom Kassmel clarified the approved plans.
Mr. Novick spoke to challenges with his original General Contractor and
his understanding of the driveway regulations.
Commissioner Perez asked to view the memo from Town Engineer, Tom
Kassmel.
Public Comment: None
Commissioner comments.
Commissioner Gillette spoke to cost being a factor, specifically cost over
and above what is normal. More money and engineering is always
possible. Spoke to his belief that there is nothing wrong with the driveway
as installed. Feels that the money needed to fix the driveway is essentially
a $30,000 fine for him not following procedure. The environmental harm to
replace the concrete driveway is significant.
Commissioner Kurz generally agrees with Commissioner Kjesbo and feels
that this is a very unfortunate situation but can not support the measure.
Commissioner Perez spoke to her charge as a Commissioner, and
believes that this is unfortunate but the responsibility is on the applicant to
build according to plan. Can not support the variance.
Commissioner Hopkins spoke to her experience in the building trades.
Feels that this could have been prevented, and that a variance is a grant of
special privilege.
Commissioner Lockman understands Commissioner Gillette's opinion but
feels that this might be a grant of special privilege.
Commissioner Stockmar agrees with his fellow commissioners, feels that
this is a hardship for the applicant but does not meet the criteria for
approval.
Ludwig Kurz moved to deny. Rollie Kjesbo seconded the motion and it
passed (6-1).
Ayes: (6) Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar
Nays: (1) Gillette
4. Approval of Minutes
4.1. January 28, 2019 PEC Results
Brian Gillette moved to approve. Karen Perez seconded the motion and it
passed (4-0).
Abstain: (3) Hopkins, Kurz, Lockman
4.2. February 25, 2019 PEC Results
Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it
passed (5-0).
Abstain: (2) Kjesbo, Perez
5. 1 nformational Update
5.1. Update on Gore Creek Macroinvertebrate Numbers 30 min.
Applicant: Pete Wadden, Watershed Education Coordinator
Planner:
Pete Wadden updated the Commissioners on the Biomonitoring results
from 2017 on the Gore and Red Sandstone Creeks and the Eagle River.
He described the sampling technique and some of the key species of
insects looked for. He spoke to how the data analysis occurs.
Commissioner Stockmar asked about sudden drop off of scores between
East Vail and Vail. Asked what can be done.
Wadden spoke to the ideas included the Gore Creek Plan including
riparian restoration and education on pesticides. He also spoke to projects
coming on line concerning water quality.
Commissioner Stockmar asked if the above average snowpack might result
in a good score.
Wadden explained that there a number of factors, but good runoff is
generally a good thing.
Commissioner Lockman asked about the results in the vicinity of Stephens
Park and the downward trends.
Wadden was not certain as to the cause.
6. Adjournment
Karen Perez moved to adjourn. Ludwig Kurz seconded the motion and it
passed (7-0).
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. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 11, 2019
ITEM/TOPIC:
A request for review of a variance from Section14-3-1, Minimum Standards, Vail Town Code, pursuant to Title 12 Chapter 7, Variances,
Vail Town Code, to allow for a driveway with a slope of greater than 8% for the first 10 feet at the edge of a public road, located at 1740
Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC19-0003)
ATTACHM ENTS:
File Name
Staff Memo
PEC19-0003 Staff Memo 1740 Sierra Trail Driveway Variance.i)df
Attachment A -
Vicinity Mai) - 1740 Sierra Trail.i)df
Attachment B -
Site Photos.i)df
Attachment C -
Applicant Narrative 1740 Sierra Trail.i)df
Attachment D -
Driveway Plans and Survey.i)df
Attachment E -
AEI Letter re Groundwater- Driveway. i)df
Attachment F -
Driveway Photos in Vicinity.i)df
Attachment F -
Driveway Photos in Vicinity.i)df
Description
PEC19-0003 -
Staff Memo
Attachment A-
Vicinity Map
Attachment B
- Site Photos
Attachment C
- Applicant Narrative
Attachment D
- Driveway Plans and Survey
Attachment E
- Alpine Engineering Letter
Attachment F
- Driveway Photos in Vicinity
Attachment G
- Town Engineer Memo
Graph from Sierra Trail Geotech Report and Photo of Excavated Foundation .pdf Attachment H - Thompson Geotechnical Report
0. )rowN of vain
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: March 11, 2019
Subject: A request for review of a variance from Section 14-3-1, Minimum Standards, Vail
Town Code, pursuant to Title 12 Chapter 7, Variances, Vail Town Code, to allow
for a driveway with a slope of greater than 8% for the first 10 feet at the edge of a
public road, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and
setting forth details in regard thereto. (PEC19-0003)
Applicant: 1740 Sierra Trail LLC, represented by Western Development Inc.
Planner: Chris Neubecker
I. SUMMARY
1740 Sierra Trail LLC, represented by Western Development Inc., requests the review
of a variance from Section14-3-1, Minimum Standards, Vail Town Code, to allow for a
driveway with a slope of greater than 8% for the first 10 feet at the edge of a public
road, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1. The snow melted
driveway has been constructed with a slope of approximately 12.1 %.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends denial of this application, subject to the findings noted in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The owners of 1740 Sierra Trail request the review of a variance from Section14-3-1,
Minimum Standards, Vail Town Code to allow for a driveway with a slope of greater than
8% for the first 10 feet at the edge of a public road. The snow melted driveway has
already been constructed, which was determined to be out of compliance during the
final inspection of the property at the end of January 2019. The applicants are
requesting a variance to allow the existing driveway, constructed with a slope of
approximately 12.1 % for the first 10 feet at the edge of a public road to exceed the
maximum of 8% allowed by the Vail Town Code.
A Vicinity Map (Attachment A), Site Photos (Attachment B), and Applicant's Narrative
(Attachment C), Driveway Plans and Survey (Attachment D), Letter from Alpine
Engineering (Attachment E), Photos of Driveways in the Vicinity (Attachment F), and
Memo from the Town Engineer (Attachment G) are attached for review.
III. BACKGROUND:
The zoning designation of Two -Family Primary/Secondary Residential (P/S) District was
established via Ordinance No. 30, Series of 1977. The Two -Family Primary/Secondary
Residential (P/S) District was assigned to this property via Ordinance No. 34, Series of
1986. The property is triangular in shape, and has a steep slope rising uphill from Sierra
Trail to the rear of the lot, which backs onto Alpine Drive. The property is developed with
a recently constructed single family home.
This lot was first annexed in to the Town of Vail via Ordinance 43, Series of 1980. The
annexation was subsequently overturned by court order on August 15, 1985. The
property was then properly annexed into the Town via Ordinance No. 18, Series of 1986
on August 13, 1986.
A building permit for construction on this lot was first approved on July 16, 1979. The
concrete foundation and a portion of the home were subsequently constructed. During
the fall of 1979 extensive excavation exposed a spring and minor landslides which
undermined portions of Alpine Drive.
On March 8, 1982 the slope of Lot 22 failed during a landslide due to "the cumulative
effects of increased groundwater and excessive side grading cuts during the
construction period", according to a study prepared by Claycomb Engineering
Associates in July 1982. Staff believes that the landslide was likely influenced by a
water line/tank break which sent excessive water down onto the site. The landslide
moved the concrete foundation and the framed structure down the hill. The Town of Vail
subsequently undertook remediation and stabilization of the slide area in accordance
with the recommendations of the Claycomb study, which included burying the
foundation. A subsurface drainage system was also installed to intercept shallow
ground water.
On July 10, 2006 a previous owner submitted, but was denied, a request for a variance
for setbacks. The variance was requested for relief from the front yard and side yard
setbacks. The proposed design of the home included access from the upper portion of
the lot on Alpine Drive. The home and site were designed to avoid the previous
concrete foundation that remained in place after the landslide. The applicants argued
that the previous foundation acted as a retention device for the upper portion of the site,
and they believed that removal of the foundation would have resulted in destabilization
of the lot. The proposed home was never constructed.
On March 4, 2016 the applicant obtained Design Review Board approval for
construction of a new single-family home. A building permit was issued on August 5,
2016. The approved plans included a driveway with a slope of 8% near the public road,
Town of Vail Page 2
and 6% in front of the garage, which each met the requirements of Section 14-3-1,
Minimum Standards.
On February 1, 2019 the Public Works Department inspected the property for a final
Certificate of Occupancy. The grade along the centerline of the driveway was measured
at 12.6% using a smart level, above the maximum grade of 8% for the first 10' of the
driveway at the edge of a public road. The Public Works inspector failed the inspection.
IV. APPLICABLE PLANNING DOCUMENTS:
Staff believes that following provisions of the Vail Town Code and the Vail Land Use
Plan are relevant to the review of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
12-1-2: PURPOSE.-
A.
URPOSE:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes.-
1.
urposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
Town of Vail Page 3
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Section 12-6D Two -Family Primary Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The
two-family primary/secondary residential district is intended to ensure adequate light,
air, privacy and open space for each dwelling, commensurate with single-family and
two-family occupancy, and to maintain the desirable residential qualities of such sites
by establishing appropriate site development standards. (Ord. 29(2005) § 23: Ord.
30(1977) § 2)
CHAPTER 12-17: VARIANCES (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives
of this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions
of a site or the location of existing structures thereon; from topographic or
physical conditions on the site or in the immediate vicinity, or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect
to the development standards prescribed for each zone district, including lot
area and site dimensions, setbacks, distances between buildings, height,
density control, building bulk control, site coverage, usable open space,
landscaping and site development, and parking and loading requirements; or
with respect to the provisions of chapter 11 of this title, governing physical
development on a site.
Town of Vail Page 4
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
Within twenty (20) days of the closing of a public hearing on a variance application, the
planning and environmental commission shall act on the application. The commission
may approve the application as submitted or may approve the application subject to
such modifications or conditions as it deems necessary to accomplish the purposes of
this title, or the commission may deny the application. A variance may be revocable,
may be granted for a limited time period, or may be granted subject to such other
conditions as the commission may prescribe. (Ord. 29(2005) § 39: Ord. 8(19 73)
§ 19.500)
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity, or to attain the objectives of this title without
grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone
district.
2. That the granting of the variance will not be detrimental to the public health
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
Town of Vail Page 5
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions applicable to
the site of the variance that do not apply generally to other properties in the same
zone district.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone district. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.600)
Title 14 — Development Standards, Vail Town Code
14-1-1: PURPOSE AND INTENT.
It is the purpose of these rules, regulations, and standards to ensure the general health,
safety, and welfare of the community. These rules, regulations, and standards are
intended to ensure safe and efficient development within the town of Vail for
pedestrians, vehicular traffic, emergency response traffic, and the community at large.
The development standards will help protect property values, ensure the aesthetic
quality of the community and ensure adequate development of property within the town
of Vail. (Ord. 29(2005) § 78)
14-1-2: APPLICABILITY.
Unless specifically exempted, the provisions of this title shall supplement any and all
existing laws and shall apply to all persons, without restriction, and to conditions arising
after the adoption thereof, to conditions not legally in existence at the time of adoption of
this title, and to conditions which, in the opinion of the fire chief, the building official, or
the town engineer, constitute a distinct hazard to life or property.
The development standards shall apply to new development, as well as to modifications
and additions to existing developments, unless specifically exempted herein. (Ord.
29(2005) § 78)
14-1-5: VARIANCES:
Variances to the development standards may be allowed when practical difficulties and
unnecessary physical hardships inconsistent with the purpose and intent of the
development standards exist. Variances from the development standards shall be in
accordance with title 12, chapter 17 of this code. The issuance of a variance shall not
compromise the safety of a site or structure. (Ord. 29(2005) § 78)
Town of Vail Page 6
Standard Single -Family, Two -
Family,
Primary/Secondary
- Access to not more than
3 dwelling units (including
EHUs)
- Structures and all
portions thereof
within 150' from edge of
street
pavement
Maximum grade at 8%
edge of public
road asphalt
(detail 4)
VAIL LAND USE PLAN
Multiple -Family
Multiple-
ultip el
Family
Family
- Access to 4 to 11
And
dwelling
Commercial
units
- Access to
- Feeder road only
more than 11
dwelling
units and/or
commercial
properties
- Feeder road
,only
6% 4%
CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.-
The
OLICIES:The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
Chapter ll: Land Use Plan Goals / Policies (in part)
1. General Growth/ Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
Town of Vail Page 7
UI
1.3 The quality of development should be maintained and upgraded whenever
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.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
1740 Sierra Trail
Lot 22, Vail Village West Filing 1
Two -Family Primary Secondary
District
Low Density Residential
Single Family Residential
None
Residential (P/S)
Development
Standard
Allowed/Required
Existing
Proposed
Change
Lot/Site Area
15,000 sq. ft.
11,021 sq. ft.
11,021 sq.
ft.
No Change
Front (S):
No Change
80'+
Front — 20'
Front (N): 21'
Side (E):
Sides — 15'
Side (E): 15'
17'
Setbacks
Rear — 15'
Side (W): 15'
Side (W):
Rear (S): 100'+
16'
Rear (N):
24'
Building Height
Flat Roof — 30'
30.5'
30.5'
No Change
Town of Vail
Page 8
VI.
1y/I
SURROUNDING LAND USE AND ZONING
Existing Use
North: Low Density Residential
South: Low Density Residential
East: Low Density Residential
West: Low Density Residential
REVIEW CRITERIA VARIANCE
Zoning District
Two -Family Primary Secondary
Residential (P/S) District
Residential Suburban Medium Density
(Eagle County Zoning)
Residential Suburban Medium Density
(Eagle County Zoning)
Two -Family Primary Secondary
Residential (P/S) District
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The requested variance will have no impacts on other existing or potential uses or
structures in the vicinity. The requested driveway slope and the related residential
development are consistent with other similar driveways in the vicinity. Some other
driveways on the same street have similarly steep driveways (See Attachment B),
however staff was unable to find evidence of variances granted for driveway slope
for other properties in the vicinity.
Staff finds that the proposed variance conforms to this criterion.
Town of Vail
Page 9
Sloping Roof — 33'
Density
1 unit (Lots less
1 unit
No new
No Change
than 14,000 sq. ft.)
units
Gross Residential
4,988 sq. ft.
4,077 sq. ft.
4,077 sq.
No Change
Floor Area (GRFA)
ft.
19.2% of
Site Coverage
20% of site or
19.2% of site
site or
No Change
2,204 sq. ft.
or 2,115 sq. ft.
2,115 sq.
ft.
74.5% of
Landscaping
60% of site or
74.5% of site
site or
No Change
6,613 sq. ft. (min.)
or 8,216 sq. ft.
8,216 sq.
ft.
Maximum Driveway
Grade at Edge of
8%
Heated -12.1%
Heated-
Variance
Public Road
12.1%
Required
Asphalt
SURROUNDING LAND USE AND ZONING
Existing Use
North: Low Density Residential
South: Low Density Residential
East: Low Density Residential
West: Low Density Residential
REVIEW CRITERIA VARIANCE
Zoning District
Two -Family Primary Secondary
Residential (P/S) District
Residential Suburban Medium Density
(Eagle County Zoning)
Residential Suburban Medium Density
(Eagle County Zoning)
Two -Family Primary Secondary
Residential (P/S) District
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The requested variance will have no impacts on other existing or potential uses or
structures in the vicinity. The requested driveway slope and the related residential
development are consistent with other similar driveways in the vicinity. Some other
driveways on the same street have similarly steep driveways (See Attachment B),
however staff was unable to find evidence of variances granted for driveway slope
for other properties in the vicinity.
Staff finds that the proposed variance conforms to this criterion.
Town of Vail
Page 9
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 driveway slope is impacted by the elevation of the home's foundation, which
was raised to avoid impacting the underground drainage system on the site. The
applicant has included a letter from Alpine Engineering (Attachment E) advising
against lowering the grade of the driveway, due to groundwater issues on this site. In
the opinion of Matt Wadey, with Alpine Engineering Inc., lowering the grade of the
driveway could cause a release of groundwater from the original subsurface
drainage system, leading to accumulation and freezing of water beneath the
d riveway.
According to the Town Engineer (see Attachment G), groundwater is found on many
construction sites in Vail and can be mitigated by installing an underdrain system. If
this application was requested before the driveway was installed, methods could
have been implemented to address the groundwater.
At least four other driveways on Sierra Trail exceed the maximum allowed driveway
grade, ranging from 14.1 % to 20.5%. Also, some driveways on the same street have
driveways that meet the required grades. Staff does not see that the proposed
driveway slope would be out of character with other driveways in the vicinity,
however it would be a grant of special privilege since the groundwater issues could
have been addressed before the driveway was installed.
Staff finds that this criterion is not met, since alternatives to the driveway slope are
still available, albeit at an expense to the applicant. Cost or inconvenience to the
applicant to comply with the code is not a reason for granting a variance.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
The proposed variance will not impact light and air, distribution of population, will
have no impact on public facilities or utilities. One of the reasons for limiting the
slope of driveways is to ensure public safety, and to avoid cars sliding into a public
road and creating an impact on pedestrians or vehicles. Considering the location of
the lot at the end of a cul-de-sac, the likelihood of traffic and pedestrians passing by
this lot is minimal.
Therefore, Staff believes the proposed variance conforms to this criterion.
Town of Vail Page 10
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
It is unfortunate that the applicant made changes to the approved plans, and
installed the concrete driveway, without first obtaining approval from the Town. If the
applicant had identified the driveway slope as an issue or problem prior to
construction, or submitted plan revisions, alternative solutions might have been
possible.
VIII. ENVIRONMENTAL IMPACTS
The Community Development has not identified any significant environmental impacts
with the proposed variance. This is a developed lot, and there is no significant wildlife,
no aquatic resources, or no vegetation on this lot that would be negatively impacted by
the proposed driveway variance. The variance will not have any significant impacts on
public health. However, heated driveways in general use a significant amount of energy,
which will have impacts on carbon emissions.
Demolition of the existing concrete driveway, and the disposal of waste material, plus
the energy used to extract material and construct a new driveway, may have negligible
impacts on the environment.
IX. STAFF RECOMMENDATION
The Community Development Department recommends denial of a variance from
Section 14-3-1, Minimum Standards, Vail Town Code, pursuant to Title 12 Chapter 7,
Variances, Vail Town Code, to allow for a driveway with a slope of greater than 8% for
the first 10 feet at the edge of a public road, located at 1740 Sierra Trail/Lot 22, Vail
Village West Filing 1, and setting forth details in regard thereto. (PEC19-0003).
Denial Motion:
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission denies the applicants' request for
review of a variance from Section 14-3-1, Minimum Standards, Vail Town Code,
pursuant to Title 12 Chapter 7, Variances, Vail Town Code, to allow for a
driveway with a slope of greater than 8% for the first 10 feet at the edge of a
public road, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and
setting forth details in regard thereto. (PEC 19-0003)
Town of Vail Page 11
Should the Planning and Environmental Commission choose to deny this variance, the
Community Development Department recommends the Commission make the following
findings:
'Based upon the review of the criteria outlined in Section VII of the staff
memorandum to the Planning and Environmental Commission dated March 11,
2019, and the evidence and testimony presented, the Planning and Environmental
Commission finds:
The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Residential (PS) District.
2. That the granting of the variance will be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code,-
b.
ode,
b. There are not exceptions or extraordinary circumstances or conditions
applicable to the same site of the variances that do not apply generally to
other properties in the Two -Family Residential (PS) District, and
C. The strict or literal interpretation and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the
owners of other properties in the Two -Family Residential (PS) District."
Approval Motion
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
of a variance from Section 14-3-1, Minimum Standards, Vail Town Code,
pursuant to Title 12 Chapter 7, Variances, Vail Town Code, to allow for a
driveway with a slope of greater than 8% for the first 10 feet at the edge of a
public road, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and
setting forth details in regard thereto. (PEC 19-0003). "
Town of Vail Page 12
Conditions:
1. Approval of this variance request 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,
the Community Development Department recommends the Commission makes the
following findings:
"Based upon a review of Sections VII of the March 11, 2019 staff memorandum
to the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
X. ATTACHMENTS
A. Vicinity Map
B. Site Photos
C. Project Narrative
D. Proposed Plans, January 29, 2018
E. Letter from Alpine Engineering, February 19, 2019
F. Photos of Driveways in Vicinity
G. Memo from Town Engineer
Town of Vail Page 13
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ATTACHMENT C - APPLICANT NARRATIVE
DESCRIPTION OF REQUEST.
Applicant requests a variance from the building code requirements to allow a maximum slope of 12.1% in
that portion of the driveway which is within 10 feet of Sierra Trail. The current requirement provides for
a maximum 8% slope. The driveway is heated (snowmelt) and although code allows a 12% slope for
drives with a snowmelt system, this provision does not apply to that portion within 10 feet of the ROW.
OWNERSHIP OF THE PROPERTY
1740 SIERRA TRAIL LLC
c/o Keith Novick
122 West Timber Draw
Cordillera CO
Parcel Number 2103-123-12-017
Legal Summary Subdivision: VAIL VILLAGE WEST FIL 1 Lot: 22
Applicant is requesting relief from the building code requirement for driveway slope in order to allow the
elevation of that portion of the driveway within 10 feet of the right of way (Sierra Trail), to be
approximately 4.9 inches higher than permitted. The site has significant topographic and groundwater
issues which create unique conditions and, at the time the driveway was graded and formed, it was
observed that any further lowering of the grade could release groundwater. As visual observation did not
indicate any obvious issues with the grade of the drive as formed, and after inspection of the snowmelt
and grading by the Town, the driveway was installed as formed. Applicant learned of the non-compliance
several months later, subsequent to the time of final physical inspection.
The request, if granted, will have no impact on adjacent properties, uses or structures in the vicinity.
The request if granted will not result in the grant of a special privilege. This building site had inherent
physical challenges, both obvious and unknown. The building site has an extreme slope and very limited
building envelope. A manhole was installed many years ago in the driveway approach in connection with
groundwater mitigation during the 1980s. As a result of these and other structural issues discovered
during excavation the approved plans were modified to include an 18" thick mat foundation which
resulted in the finish floor elevation exceeding that shown on the original plans by approximately 1 foot.
The architect failed to note any revisions to other construction components resulting from this change
however including the front yard and driveway grades. The driveway was formed in May 2018, at which
time the forms and snowmelt system were inspected by the town and the slope of the driveway did not
appear to be an issue to either the contractor or Town. Due to the existence of two manholes in the
driveway apron area and the groundwater conditions which limited further excavation, the drive was
poured and despite many further inspections the minor violation was not noticed until after the home was
completed, approximately 10 months afterward.
The driveway and subject property is located at the end of a cul-de-sac, there are no issues relating to
through traffic which might be impacted by this condition. As the driveway has a functioning snowmelt
system, there appears to be no risk of vehicles sliding into or from the right of way during icy conditions
into the right of way, particularly in view of the minimal slope involved at any point. There is no effect on
traffic, congestion, maneuverability, or removal of snow from the streets and parking areas. Public safety
is not an issue as this is a snowmelt driveway in an area where there is no pedestrian or vehicular traffic.
Further, pedestrian safety is improved in the vicinity of the home.
Applicant respectful submits that the variance is warranted as a strict or literal interpretation and
enforcement of the specified regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title. Specifically the existence of groundwater on the
site and drainage issues could result in a worsening of the conditions if the site is graded down even as
little as a few inches. Further there are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other properties in the same zone
district, specifically the groundwater issue along with the fact that the property is at the end of a cul de sac
with no through traffic which would be subject to any issues as a result of the granting of the relief
sought. Finally, a strict or literal interpretation and enforcement of the specified regulation would deprive
the applicant of privileges enjoyed by the owners of other properties in the same zone district by
subjecting applicant to the risk associated with further excavation on the particular site, even as little as
may be required to accommodate the 3 to 5 inch lowering of the driveway at this point.
The drive as constructed is at the approximate same grade as the adjacent drives and is harmonious with
the neighborhood. Presumably the basis for this requirement that the portion of the drive within 10' of the
ROW not exceed 8% is to minimize any issues relating to pedestrian or vehicular traffic, and to allow turn
around traffic in the 10' area most proximate to the asphalt paving, however this is virtually non-existent
at this particular location on the cul de sac. The snowmelt system permits the driveway to comply with
the development objectives of the Town. There is no effect of the use on light and air, distribution of
population, transportation facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs, nor is there any impact upon traffic, automotive and pedestrian safety
and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets
and parking area. The improvement and driveway are consistent with the scale and bulk of the proposed
use in relation to surrounding uses.
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ATTACHMENT E - LETTER FROM ALPINE ENGINEERING
ALPINE
///A01
ENGINEERING INC.
February 19, 2019
Mr. Tom Kassmel
Town Engineer
1309 Elkhorn Drive
Vail, CO 81657
Office: 970.479.2235
vailqov.com
RE: 1740 Sierra Trail Driveway and Subdrain Construction
Dear Tom,
During the excavation at 1740 Sierra Trail our firm (AEI) was engaged to assist with the development of a
subsurface perimeter drainage system to address the groundwater conditions at the site.
The CTL/Thompson report which was furnished to the Town of Vail and provided to AEI described an existing
underground drainage system on the site, including flexible pipe which directed groundwater to a gravel
drainage system below the proposed grade of the foundation and driveway. The report confirmed that
groundwater flowed through the flexible pipe system and subsurface gravel into a storm drain located in the
Sierra Trail ROW all of which had been installed in 1983. The approximate elevation and location of the
groundwater was depicted on exhibits included in the report and showed the level of groundwater to be
proximate to and just beneath the grade of the proposed driveway.
AEI designed a perimeter subsurface drainage system to collect and handle the groundwater on the site
which was directed around the proposed foundation per AEI's design by the contractor into the existing
storm drainage system. AEI cautioned the contractor against any unnecessary or further lowering of grades
below the existing manhole elevation due to the possibility that excavation could cause either a release of
groundwater from the original subsurface drainage system previously installed on the site. This in turn could
cause the potential for accumulation and freezing of water beneath the proposed driveway. It is my opinion
that any further lowering of the grade of the driveway at the road connection could create damage to the
existing subsurface system and/or cause perched groundwater.
I have attached a portion of the soils report (groundwater profile), a photo and the previous signoff on the
subdrain system.
If you have any concerns or questions feel free to call.
Sincerely,
Matt Wadey, P. E.
Principal
Alpine Engineering Inc.
Alpine Engineering Inc. Po Box 97 970-926-3373
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ALPINE
///ABI
ENGINEERING INC.
October 19, 2017
Mr. Keith Novick
Keith Novick
122 West Timber Draw
Edwards, CO 81632
901-484-1319
RE: 1740 Sierra Trail Subdrain Construction
Dear Keith,
Per your request, Alpine Engineering, Inc. the Engineer for the foundation subdrain system at the home
construction of 1740 Sierra Trail is confirming that the system was installed in general conformance with the
plans and specifications (plan set: dated 10/31/2016).
If you have any concerns or questions feel free to call.
Sincerely,
Matt Wadey, P. E.
Principal
Alpine Engineering Inc.
Alpine Engineering Inc. Po Box 97 970-926-3373
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TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: January28, 2019 PEC Results
ATTACHM ENTS:
File Name Description
oec results 012819.odf January 28, 2019 PEC Results
0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl) January 28, 2019, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Present: Ludwig Kurz, Pam Hopkins, Brian Stockmar, John -Ryan Lockman
and Brian Gillette
Absent: Rollie Kjesbo, Karen Perez
Main Agenda
2.1. A request for a recommendation to the Vail Town Council for a Prescribed 90 min.
Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the
dwelling units per acre maximum while maintaining the existing dimensional
standards including GRFA and building height in the Lionshead Mixed Use -
1 zone district. (PEC18-0041)
Applicant: Treetops Condominium Association, represented by Mauriello
Planning Group
Planner: Chris Neubecker
Planner Neubecker introduced the proposal to the Commission. Proposal
will change only the allowed number of dwelling units, but will not change
the allowed building height, GRFA, setbacks, site coverage, setbacks or
parking required.
Commissioner Gillette inquired about parking, fee in lieu zones etc. How
many extra spaces would be required if all properties that can not have on-
site parking were to redevelop to their maximum?
Neubecker spoke to the question at hand and stated that the math has not
been done.
Commissioner Stockmar inquired about unforeseen consequences and
whether this could be done property -by -property to test the case.
Neubecker responded that would not be recommended. Lionshead is
generally taken as a whole.
Commissioner Kurz expressed concern with Treetops taking on the mantle.
Also, have same concerns about unforeseen consequences.
Dominic Mauriello, representing the applicant, provided a PowerPoint
presentation on the proposed text amendment.
Pam Hopkins asked about the parking differences with fractional fee units
and if this theory has proven out with less demand.
Neubecker discussed his anecdotal information on this.
Mauriello spoke to the number of fractional units in Vail. He continued his
presentation, speaking to the history of Lionshead and its redevelopment.
Hopkins: Is there a maximum number of beds for the Town of Vail?
Mauriello & Neubecker; There is no stated limit at this time.
Hopkins spoke to the boom and bust cycle in the last 20+ years and her
concerns.
Tom Kassmel, Town Engineer, spoke to his analysis of the proposal. He
spoke to the assumptions that have been built into the ten year old
Transportation Plan. He discussed available capacity and uncertainties of
the future.
Jason Cowles with Eagle River Water and Sanitation District (ERWSD)
spoke to wastewater planning and recently completed Wastewater Master
Plan. He spoke to the capacity of the diversion system present at Vail
station. All solids are bypassed to the Edwards station. He discussed other
capital projects anticipated at the Avon and Edwards stations. If this
proposal substantially increases development within the near future, the
improvements to the Vail station would have to occur earlier, necessitating
a possible rate increase earlier or higher than planned.
Gillette inquired about tap fees and how they are assessed.
Cowles spoke to the fee currently being based on square footage, but
maybe moving to a fee based on fixture count.
Kurz inquired whether water is of a lesser concern than wastewater and
how improvements are done in a largely built out environment.
Cowles spoke to different funding models.
Gillette: What is the capacity now?
Cowles: With the bypass in place, we anticipate hitting 80% capacity in
2027. That level, per state regulations, will initiate additional measures to
improved capacity.
Public Comment:
Rocky Cortina, The Lion, spoke to challenges getting redevelopment
projects to work with limitations on whole unit units. Fractionals are a thing
of the past. Whole ownership units in the rental pool are doing well. The
Lion is proving that there is a tangible value for these units in a rental
market.
Tom Braun representing himself, thinks the idea has merit and deserves
discussion (would be a net positive).
Commissioner Comment:
Lockman - Spoke to the intent of the Lionshead Redevelopment Master
Plan and the changes that have occurred to the market since its inception.
This is where densities should be. Believes that this proposal makes sense.
Looking at the criteria, as the box doesn't change, this makes sense and
the impacts can be addressed.
Hopkins: Would like to proceed slowly. Is it worth the gamble to add 500
more units?
Kurz- Agree with Commissioner Lockman. Would like to see it go in part
but recognize that is not the way to do it. The impacts will not be immediate
and can be addressed. Support the changes.
Gillette: Supports proposal. Encourages ERW SD to peg tap fees to future
capacity as opposed to rate payers. Concerned with how parking is set
up. Not quite ready to vote. We are building empty parking garages.
Stockmar- Echoing previous commissioners. Parking is an issue but its
not tied to this proposal. Supports this moving forward.
Kurz- Would urge staff to look how this proposal might impact the Civic
Area Plan.
Ludwig Kurz moved to recommend approval. John -Ryan Lockman
seconded the motion and it passed (3-2).
Ayes: (3) Kurz, Lockman, Stockmar
Nays: (2) Gillette, Hopkins
Absent: (2) Kjesbo, Perez
2.2. A request for a recommendation to the Vail Town Council for a Prescribed 2 min.
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 14-10-5, Building Materials and Design, Vail Town
Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control,
Vail Town Code, relating to wildfire protection and the proposed adoption of
the International Wildland Urban Interface Code, and setting forth details in
regard thereto. (PEC18-0035)
The applicant has requested this item be tabled to the February 25, 2019
regularly scheduled meeting of the Planning and Environmental
Commission.
Applicant: Vail Fire & Emergency Services
Planner: Chris Neubecker
Ludwig Kurz moved to table to February 25, 2019. Brian Gillette seconded
the motion and it passed (5-0).
Absent: (2) Kjesbo, Perez
2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 40 min.
7, Exterior Alterations or Modifications, Vail Town Code, to allow for
construction of a new multifamily structure with below grade parking, located
at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and
setting forth details in regard thereto. (PEC18-0034)
Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc.
Planner: Jonathan Spence
1. Approval of this project is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. The Transportation Impact Fee shall be paid to the Town of Vail by the
applicant prior to issuance of any building permit.
3. Prior to the issuance of the first certificate of occupancy for the
project, the Applicant shall execute and record deed restrictions, in a
form approved by the Town Attorney, for the on-site employee
housing units (EHUs).
Planner Spence introduced the project. Staff will also present PEC18-
0036 concurrently, since these projects are closely related. Two separate
motions and votes will be required. November 26, 2018 was the last time
this was presented to the PEC. The applicant has made several changes
since the last review by the PEC. There are no major changes, but further
refinements to the plan have been made.
Tom Braun, representative for the Applicant — There may have been some
subtle changes to the east and west elevations, but most of the changes
are on the north elevation. I n response to a question about garage venting,
we have a consultant looking at this issue, but have not yet identified vent
locations. We also did a traffic analysis, which was provided to the Town
Engineer. We also created sun/shade analysis. For site context, Braun
presented modelling of the Lionshead area, to show how this project fits in.
He showed the revisions to the north elevation, including changes to the
windows, and materials, added some decks.
Braun reviewed the trash enclosures that accommodate restaurants,
Lionhead Arcade and Lifthouse. These trash enclosures would go away
with redevelopment, and applicant will work with Lifthouse to provide trash
enclosures on Lifthouse property. The same offer will be made to
Lionshead Arcade. Mr. Lazier is committed to work with Lifthouse to
provide ADA access to Lifthouse. Braun provided an animation video of
the proposed building.
Lockman — Please explain ADA access options.
Braun — Parking level is about 6 feet to the deck level for Liftouse . We are
exploring options for a ramp or lift from this level. Can also come out to
mall level.
Public Comment —
J enna Skinner — Representing the Lifthouse HOA — Tricky situation with
infill. There has been a relationship between Lifthouse and Mr. Lazier for
many years, and Lifthouse would like to see this relationship continue.
Trash, ADA and accessibility are concerns, but not the most important.
Provision of 69 off-site parking spaces is most important for Llfthouse. We
would like to be very clear to have 69 parking spaces on the Lazier
property, which must continue.
Stockmar —Asked staff to address this situation
Spence — Staff and Town Attorney discussed that parking must be
replaced, but that it is not the Town's role to address this situation. It's the
responsibility of Lifthouse to address the parking.
Skinner — We want to make sure there is availability of the parking spaces.
There were 91 spaces allocated to Lot 1A, but it is not a requirement that
the parking agreement from the past to be carried over in this project; 69
spaces was a condition of construction of the Lifthouse.
Stockmar — My question is whether or not it is the purview of the Town to
address this issue. I don't know that we have the authority to add a
requirement to a private agreement.
Skinner —As a condition of the development permit, the Lifthouse may be
in violation of the approval if the parking is not provided. Lifthouse wants to
make sure that the parking is available.
Stockmar — My understanding is that Lifthouse was required to provide the
parking, and that Lifthouse chose to enter an agreement with Lazier to
meet this requirement.
Spence — Existing parking must be replaced on site, but how that happens
is up to the Lifthouse and applicant to work out.
Skinner — The plat indicates there is no access from Tract K to the
Lifthouse. We want to make sure that access is intrinsic in this approval.
Gillette — Was this not on the plat?
Spence — My understanding is that this is a private easement.
Stockmar — This is an important issue, but not one that the Town can
impose on Mr. Lazier.
Skinner — Please show where the loading berth is proposed.
End of Public Comment
Braun — There have never in the past been formal loading berths. The
reason that Arrabelle provided four central loading spaces is for deliveries
for Lionshead.
Gillette — Is there a loading requirement by code?
Spence — We view this as a residential project that does not need a
loading berth, and we do not want to duplicate loading spaces already built.
Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the
motion and it passed (5-0).
Absent: (2) Kjesbo, Perez
2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 2 min.
Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to
allow for a side setback of zero feet (0') where ten feet (10') is required for
a new multifamily structure, located at 500 East Lionshead Circle/Lot 3,
Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.
(PEC 18-0036)
Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
1. Approval of this project is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the
motion and it passed (5-0).
Absent: (2) Kjesbo, Perez
3. Approval of Minutes
3.1. January 14, 2019 PEC Results
Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it
passed (4-0).
Abstain: (1) Lockman
Absent: (2) Kjesbo, Perez
4. Adjournment
John -Ryan Lockman moved to adjourn. Brian Gillette seconded the motion
and it passed (5-0).
Absent: (2) Kjesbo, Perez
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. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: February25, 2019 PEC Results
ATTACHM ENTS:
File Name Description
oec results corrected oer BS 022519.odf February 25, 2019 PEC Results
0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl) February 25, 2019, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
1. 1. Attendance
Present: Brian Gillette, Rollie Kjesbo, Karen Perez, Brian Stockmar
Absent: Pam Hopkins, Ludwig Kurz, John -Ryan Lockman
Main Agenda
2.1. A request for a recommendation to the Vail Town Council, pursuant to 30 min.
Section 12-3-7, Amendment, Vail Town Code, for the adoption of the Gore
Valley Trail I nterpretive Plan as a component of the Gore Creek Strategic
Action Plan, and setting forth details in regard thereto. (PEC19-0001)
Applicant: Town of Vail, represented by Pete Wadden
Planner: Jonathan Spence
Spence: Introduced Pete Wadden, Water Quality education, and
requesting feedback for the interpretive path.
Pete: I n 2015, 6 of 9 Gore Creek sites out of compliance. 3 as of 2017.
Awareness of water quality issues has not increased among those who
commute to Vail for work, part time residents, or visitors at the same rate
as it has among full time residents. We feel that the interpretive trail will
help reach these individuals. Based on 2015 surveys, peak Gore Creek
Trail numbers in the summer reaches around 1000 users per day. This
project stems from the original Gore Creek Master Plan. Aiming to teach
people that the creek ecosystem is more than the water and to show
individuals how they can be better stewards for the creek. Using place -
based concepts which takes specific locations that are best for visualizing
ecosystem concepts. Examples were listed and shown. Process started by
contracting Conservation by Design in 2018. Next, had a series of
stakeholder meetings to understand the goals and needs of the town
relating to the creek and this trail. Goals listed for the trail that are meant to
shape the final trail. Have a number of different design options that are
being considered. Design will vary based on location and traffic around
installation area. Structures are not going to be traditional flat panel signs,
trying to meet the Vail brand and not take away from the natural
experience. Considered a smartphone- based tour, but stakeholders were
skeptical of using phones to connect with the natural environment. May still
add these installations to a wayfinding app.
Pete goes over a number of different visual examples of installations which
include, among others, a watershed map, a rain gauge, a "menu" of
aquatic organisms on a picnic table, etc...
Brian Stockmar: This is kind of an extension of a prior presentation on
town -owned lands bordering Gore Creek. Most of the land bordering the
Creek in East Vail is privately owned. For example, my house borders
Gore Creek and I have responsibilities to protect the Creek. I have
created a substantial natural buffer along the Creek but a small number of
others may not feel this obligation. How do we encourage these owners?
I don't see many problems when I walk, but I assume there are issued,
based on creek water quality data. Likes anything that can get people's
attention. Lots of interesting ideas have been presented. Do you have any
estimates of cost, which will be a concern of Town Council. Phasing of this
should put the top priorities first. I understand there is lots of discussion
with landscapers on how to improve buffers.
Pete: Yes, the biggest positive change we've seen can probably be
attributed to landscaping.
Brian Stockmar: Many of our early East Vail surveys were wrong, though
it appears that this problem is being fixed piecemeal as people redevelop.
Do you see this affecting what Pete is doing down the line?
Pete: No
Brian Stockmar: As people have rebuilt and sold, replatting has occurred.
Questioning issues with ownership if private owners have part of the creek
platted to them. Something to keep in mind.
Brian Gillette: Do you do outreach with any other industries.
Pete: Lots. The redcoats on Vail, other regular stakeholders, looking into
engaging with plow drivers. The workshop with the landscapers is the only
organized workshop they conduct.
Brian Gillette: It seems like it would be smart to include other industries.
Mentioned carpet cleaners as an example.
Brian Stockmar: Asked a question about pool and spa drainage.
Pete: ERW SD has guidelines for this. We have 1 or 2 issues a year with
this, could potentially do more engagement on this.
Brian Gillette: Not sure what other cleaners do for this, but could Eagle
River provide some kind of pump out station to keep people from dumping
chemicals in storm -drains
Pete: Seems like a rare occurrence, but could talk to ERW S about options
here.
Brian Stockmar: Called for public comment and commissioner comment.
None.
Rollie Kjesbo moved to recommend approval. Karen Perez seconded the
motion and it passed (4-0).
Absent: (3) Hopkins, Kurz, Lockman
2.2. Report to the Planning and Environmental Commission of an administrative 5 min.
action regarding a request for a minor amendment to Special Development
District (SDD) No. 36, Four Seasons, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for modifications to the
approved development plan in order to permit a non-residential addition
totaling 109 square feet to accommodate a new kitchen and hallway located
at 1 Vail Road/Lot A — C, Vail Village Filing 2, and setting forth details in
regard thereto. (PEC19-0002)
Applicant: Ex Vail LLC Extell Development, represented by OZ Architecture
Planner: Erik Gates
Erik: This is an addition of a test kitchen in the entry level of the Four
Seasons resort. The addition will be placed in the current hallway resulting in
the need to fill in an existing eave. This is the 109sf addition.
2.3. A request for a recommendation to the Vail Town Council for a Prescribed 2 min.
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 14-10-5, Building Materials and Design, Vail Town
Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control,
Vail Town Code, relating to wildfire protection and the proposed adoption of
the International Wildland Urban Interface Code, and setting forth details in
regard thereto. (PEC18-0035)
The applicant has requested this item be tabled to the April 8, 2019 regularly
scheduled meeting of the Planning and Environmental Commission.
Applicant: Vail Fire & Emergency Services
Planner: Chris Neubecker
Brian: Is there any paperwork yet available?
Spence: Not yet
Perez: Concerns about the length of this and wanting to see plans prior to
the meeting
Spence: As it stands it shouldn't be as big as anticipated. It currently isn't
in a form that wouldn't be confusing to give beforehand.
Brian Stockmar moved to table to April 8, 2019. Rollie Kjesbo seconded the
motion and it passed (4-0).
Absent: (3) Hopkins, Kurz, Lockman
3. Approval of Minutes
3.1. January 28, 2019 PEC Results
A small question of if they had a quorum for this since only 2 members
from the 28th meeting were present. Spence assured the board they did
but decided to defer anyway.
Brian Gillette moved to defer to March 11, 2019. Karen Perez seconded the
motion and it passed (4-0).
Absent: (3) Hopkins, Kurz, Lockman
4. Adjournment
Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it
passed (4-0).
Absent: (3) Hopkins, Kurz, Lockman
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. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
TOWN OF DO
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: March 11, 2019
ITEM/TOPIC:
Update on Gore Creek Macroinvertebrate Numbers
ATTACHM ENTS:
File Name Description
Gore CreekBuaScores8Jan 2019.odf Presentation2017MacroScores
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Ad #: 0000384209-01
THIS ITEM MAY AFFECT YOUR PROPERTY
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN Rath. Planning ono
Your account number is: 1023233
Environmental Commission of the Town of VaII wIII
hold a publicheaingina orda ewihsection
12-3-8, Vail Tawn Code, onMa.h 11, 2019 at 1:00
PROOF OF PUBLICATION
Pm In the Town of Veil Munlclpel Building.
A request far review of a variance irom Seation143-
VAIL DAILY
1, Minimum Standards, Vail Town Code, pursuant to
Title 12 Chapter 7,Variances, Vail Town Code, Wal-
low for a drNeway with a slope of greater than B%
for Mefi 1740 Meedgeolapublicroad,lo-
STATE OF COLORADO
Sierra
Fated at Tr,!VLl Vail village West
i
Filing 1, bM details in
COUNTY OF EAGLE
and selling regard thereto.
(PEC19-0003
Applicant: 1]40 Sierra Trail LLC, represented by
Western Development Inc.
Planner: Chris Neubecoar
I, Mark Wurzer, do solemnly swear that I am Publisher of
The applicationsand informationabout the proopos-
Isare availablewfar Pubiicinspeo0on d.ringg ifice
hours the Ton Vail Community Development
the VAIL DAILY, that the same daily newspaper printed, in
at of
Department, 75 South Frontage Road. The Wblic Is
whole or in art and published in the Count of Eagle,
P P Y 9
Whad! to attend site visi6. Pleasecall9]04]9-
2138 or visit www.vailg--planningfor addition-
State of Colorado, and has a general circulation therein,
aliM«maul°°.
that said newspaper has been published continuously and
SI gn language Interpretetlon available upon request
wiM 24-hour wnfi a4m,aial
uninterruptedly in said County of Eagle fora period of
0000shed!Fab— 22, 2019 in the Vail Daily.
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement and that said newspaper has published the
requested legal notice and advertisement as requested.
The VAIL DAILY is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 2/22/2019 and that the last
publication of said notice was dated 2/22/2019 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
2/25/2019.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
2/25/2019.
Pamela J. Schultz, Notary Public
My Commission Expires: November 1, 2019
PAMELA J. SCHULTZ
NOTARY PUBLIC.
STATS OF COLORADO
NOTARY ID g109940303T5
Foy Co.mmisslcn 1,T-N,wemhar1.2019
Ad #: 0000393191-01 PLANNING AND ENVIRONMENTAL
COMMISSION March 11, 2019, 1:00 PM
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Town Council Chambers
]5 S. Frmtega Rued - Van, Colorado, 81 85]
Your account number is: 1023233
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO
COUNTY OF EAGLE
I, Mark Wurzer, do solemnly swear that I am Publisher of
the VAIL DAILY, that the same daily newspaper printed, in
whole or in part and published in the County of Eagle,
State of Colorado, and has a general circulation therein,
that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement and that said newspaper has published the
requested legal notice and advertisement as requested.
The VAIL DAILY is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 3/8/2019 and that the last
publication of said notice was dated 3/8/2019 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
3/11/2019.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
3/11/2019.
Pamela J. Schultz, Notary Public
My Commission Expires: November 1, 2019
PAMELA J. SCHULTZ
NOTARY P"DL"
5 ATS OF COLORAOO
NOTARY ID q1 —03b,Ts
Foy Co.mmisslcn Exf— Navemne11.2019
1. Call to Order
1.1. Anand -
2. Site Visit
2.1. 1740 Slerm Troll
3. Main Agenda
3.1.A raguest for rW- of a
tram Secdl.0 143-1, Minimum Standards, Vail Town
Code, Pursuant to Title 12 Chapter 7, Variances,
Vail Town Code, to allow 1a a drneway with a slope
of greater nwn 8% for the first 10 teat at lite edge of
Vpublic mad, located at 1740 Sierra Trall"t 22,
ail Village west Filingg 1, and se0iog forth details in
re
regard thero. (PEC19-0003) 60 min.
Applicant: 1740 Sierra Tall LLC, represented by
Western Development Inc.
Planner. Chris Neubecker
4. Approval of Minutes
4.1. February 25, 2019 PEC Results
5. Informational Update
5.1. Update on Gore Creek
Macmimertsib to Numbers30min.
Applicant: Pate Warder, Watershed Education
coordinator
Planner:
8. Adournment
The epplicanons and InMmenon about `b propos-
als are available la public inspection during regular
off—Hours at the Town of Vail Community Develop-
ment Departrnem, 75 South Frontage Road. The
public is invited to etlentl the protect odsntancn and
the site visna that precede the public hearing In the
Town of Vail Community DeveloM,rd Deparanera.
Times and order of nems are approximate, subject
to
at I" tichar,9 the Plannting orb Enw�ron mental Com-
' 'll ider an item. Please call (970)
479-2138 for additional information. Please -11 711
for sign language interpretation 48 hour prior to
meenng time.
Community Development Departrnenl
Published in the Vail Daily March e, 2019
0000393191