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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 9 nz I IF 1 11 1 11 '\ I I\//. -J Ul 0 I IF 1 11 1 11 '\ I I\//. -J IM AfAlliflillil 4A a M . it .. I ..�. �� .� F_ �'� ;: ���� ���f. �� �� i � .i � � �: `x ra ��� �� �� 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. CT Cu ypftj4 o vR�i f, O O Z J Q L� 0 O J � O Fn W U X J F- W w Q Z Z Q > 0 O O J L, O �N—O Q N > Z J W J 3:(Di J O Q O Q W J > F— W 000 (TI C, / cu / / Ln co / M Cu / co cu \ m \ \eco (TI N ACU w o wz o OQ o</ wQ 000 U 6 0 a di O I N '.I '.I I I I M 00 a b.0 ra�Zv�U 'S ; CD 00 p 6 0 a di O w' ®x � ® ® mA :-4N A / I}1 bikf \\ W §} \ _ - (� °° ~ _ E \\\ 1. _ _ ® ~ - -t - > 0\o \ ,§ f } } \ §} }\: )/d \/\ 2 alb . 00VU0103 `IIVA I ONPIIA `,LS3M 'A'A `ZZ 101 IDN IMH NDIAON �tloe Lpo,.v �6 § $ pA� Viz$= a ao a ry MM WHO < a�� a o NO � Yoh $a��w 11pshn! pot $ UN m ` M 8 N �3EC RUN � � 2 alb . 00VU0103 `IIVA I ONPIIA `,LS3M 'A'A `ZZ 101 IDN IMH NDIAON y4, ,, �am e/1.1 I • I A N L ! /h s Pp zA 3 Asa m 8 of€W a f $ agvg `5 ! i ry = ! &mea I ag& 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 aN c U.'0° E,L m C ox zMt'a va d CL CL 4� 4) � aN v CO) a ^rCD O d > i CM C .� 0 O E=r.. mC0= zm0CL CL N O Q CL Q a� c U. 0 0 =� m C 0 ac zmva. IA C N Q' N r O t o as ° m �y cN E 0= zD00. C 0 ca c 1° y.r C C Gi O C) 00 t- CD LO 1-t M N �- r '7 co co Go co co co co co (000 [ X) U0118A913 0 M O N 0 O N O O� 1- r O OD 00 00 00 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 8� r�.. r- y v � 1 wt ' 8� r�.. r- y v � 1 8� r�.. 8� r�.. r- y v � 1 wt ' 8� r�.. r- y v � 1 8� r�.. aN c U.'0° E,L m C ox zMt'a va d CL CL 4� 4) � aN v CO) a ^rCD O d > i CM C .� 0 O E=r.. mC0= zm0CL CL N O Q CL Q a� c U. 0 0 =� m C 0 ac zmva. IA C N Q' N r O t o as ° m �y cN E 0= zD00. C 0 ca c 1° y.r C C Gi O C) 00 t- CD LO 1-t M N �- r '7 co co Go co co co co co (000 [ X) U0118A913 0 M O N 0 O N O O� 1- r O OD 00 00 00 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 0 Z w � W 0 U w FM Cj) WwW H Wz> Z J Upa 0 W 2 Cl) LU Cl) Q LU Z � m� ��w r**ft p � W O w CN W N bA • — cry � L V O � r) CSA .O — O .— a- � E 4 w - -o p +_' L N ca _0 cn E L O O O LL O buo auo Q � QL •� u � ° a o O m oC U W W C" W yWI �r r ' 4b4i .. r7F.y^ 111 TO W � y M ry TO W RIC V 0 L lzx° W a �x Wim} j "- aw43 4a w : �Wj 12 ow L O L0J lzx° W g- V W j w433 4a {U 3 LO �0� &x W° g- V W j w433 4a {U 3 lot. 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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