HomeMy WebLinkAboutPEC 2001 & Related DocumentsPLANNING AND ENVIRONMENTAL COMMI
PUBLIC MEETING RESULTS
Monday, August 27,2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME' 12:00 pm
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MEMBERS PRESENT
Dick Cleveland
ON
MEMBERS ABSENT
John Schofield
Brian Doyon
Chas Bernhardt
Galen Aasland
Diane Golden
Doug Cahill
Site Visits :
1. Kuchar residence -5122 Grouse Lane 2. Vail Meadows - 5206-5207 Black Gore Drive 3. Lots 1 5 & 16 - 3880 & 3896 Luoine Drive
Driver: Brent
1:00 pm
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NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearinq - Town Gouncil Ghambers 2:00 pm
1. A request for a variance from Section 12-6D-5 ("Lot Area and Site Dimensions"), Vail Town
Code, and a final review of a minor subdivision located at 3834 and 3838 Bridge Road/ Lots
11 & 12, Bighorn Subdivision 2no Addition.
Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf
MOTION: Brian Doyon SECOND: Dick Cleveland VOTE: 6-0
APPROVED - VARIANCE
MOTION: Brian Doyon SECOND: Dick Cleveland VOTE: 6-0
APPROVED WITH 5 CONDITIONS - MINOR SUBDIVISION
1. That the minor subdivision shall only be valid if the variance from section 12-6D-5 is
also approved.
2. That the applicant shall, in accordance with the Town's subdivision regulations, revise
the plat prior to recording to indicate the total buildable area on the proposed lot, to
delineate the buildable area on the proposed lot, and to indicate the locations of all
applicable hazards.
3. That the applicant shall revise the plat prior to recording to designate a building
envelope in order to limit future construction to the buildable area of the site.
4. That the applicant shall have the existing trash facility located in the Town's right-of-way
removed prior to the recording of the plat.
5. That the following notes shall be added to the plat:
o The total allowable gross resrdential floor area permifted on Lot 12 shall be based on a
site area of 64,033 square feet which is one half of the total site area of Lot 12.o Gross residential floor area shall be calculated pursuant to Title 12, Chapter 15 of the
Vail Town Code, which may be amended from time to time.
2. A request for a variance from Section 12-6D-6, Vail Town Code, to allow for an addition
within required setbacks. located al 5122 Grouse Lane i Lot 7. Block 1 , Gore Creek
Subdivision.
Applicant: John Kuchar, represented by David lrwin Planner: Allison Ochs
MOTION: Dick Cleveland SECOND: Chas Bernhardt VOTE:6-0
TABLED UNTIL SEPTEMBER 1O.2OO1
3. A request for a final review and a recommendation to the Vail Town Council on a proposed
amendment to the Vail Land Use Plan to allow for a change from a "Low Density
Residential" land use category to an "Open Space" land use category, located at 5206-5215
Black Gore Drive / Lots 1-7 and Lot 12, Vail Meadows Filing 2; and a request for a final
review and a recommendation to the Vail Town Council on a proposed rezoning from
"Agriculture and Open Space" lo "Natural Area Preservation District," located al5206-5207
Black Gore Drive I Lots 1-4, Vail Meadows Filing 2.
Applicant: Town of Vail Planner: Brent Wilson
MOTION: Brian Doyon SECOND: Doug Cahill VOTE: 6-0
RECOMMENDATION OF APPROVAL TO THE VAIL TOWN COUNCIL - LAND USE
PLAN AMENDMENT
MOTION: Brian Doyon SECOND: Doug Cahill VOTE: 6-0
RECOMMENDATION OF APPROVAL TO THE VAIL TOWN COUNCIL- REZONING
4. A request for a final review and a recommendation to the Vail Town Council on a proposed
amendment to the Vail Land Use Plan to allow for a change from a "Low Density
Residential" land use category to an "Open Space" land use category, located at 3880 and
3896 Lupine Drive / Lots 15 & 16, Bighorn Subdivision Second Addition; and a request for a
final review and a recommendation to the Vail Town Council on a proposed rezoning from
"Two-Family Primary/Secondary Residential" to "Natural Area Preservation District" located
at 3880 Lupine Drive / Lot 15, Bighorn Subdivision Second Addition; and a request for a
final review and a recommendation to the Vail Town Council on a proposed rezoning from
"Agriculture and Open Space" to "Natural Area Preservation District" located at 3896 Lupine
Drive / Lot 16, Bighorn Subdivision Second Addition.
Applicant: Town of Vail Planner: Brent Wilson
MOTION: Brian Doyon SECOND: Chas Bernhardt VOTE:6-0
oo
RECOMMENDATION OF APPROVAL TO THE VAIL TOWN COUNCIL. AMENDMENTS
TO THE VAIL LAND USE PLAN.
MOTION: Brian Doyon SECOND: Chas Bernhardt VOTE:6-0
RECOMMENDATION OF APPROVAL TO THE VAIL TOWN COUNCIL. REZONING OF
LOT 15, BIGHORN SUBDIVISION 2ND ADDITION.
MOTION: Brian Doyon SECOND: Chas Bernhardt VOTE: 6-0
RECOMMENDATION OF APPROVAL TO THE VAIL TOWN COUNCIL. REZONING OF
LOT I6, BIGHORN SUBDIVISION 2ND ADDITION.
5. A request for a final review and recommendation to the Vail Town Council on proposed
"housekeeping" amendments and/or corrections to Title 11, Vail Town Code ("Sign
Regulations"), Title 12, Vail Town Code ("Zoning Regulations"), Title 13, Vail Town Code
("Subdivision Regulations"), and Title 14, VailTown Code ("Development Standards"), and
setting forth details in regard thereto. A detailed description of the proposed text
amendments is available at the Department of Community Development.
Applicant: Town of Vail Planner: Brent Wilson
MOTION: Doug Cahill SECOND: Diane Golden VOTE: 6-0
RECOMMENDATION OF APPROVAL TO THE VAIL TOWN COUNCIL
6. A request for a final review and a recommendation to the Vail Town Council on proposed
revisions to Title 14 ("Development Standards"), Vail Town Code, regarding the use of
alternate building materials within the Town of Vail, and setting forth details in regard
thereto.
Applicant: Town of Vail Planner: Bill Gibson
TABLED UNTIL SEPTEMBER 10,2OO1
7. A request for a final review and a recommendation to the Vail Town Council on the Town of
Vail's proposed amendment to the Town of Vail Streetscape Master Plan, located at
EasWVest Meadow Drive, Vail Village.
Applicant: Town of Vail Planner: George Ruther
TABLED UNTIL SEPTEMBER 10,2OO1
8. A request for a final review and recommendation to the Town Council for the adoption of
two
view corridors within Lionshead, as identified within the Lionshead Redevelopment Master
Plan. View Corridor 1 is located approximately at the main pedestrian exit looking
southwest towards the Gondola lift line. View Corridor 2 is located approximately from the
pedestrian plaza at the east end of the Lifthouse Lodge looking south up the Gondola lift
line. A more specific legal description of the two view corridors is on file at the Community
Development Department.
Applicant: Town of Vail Planner: Allison Ochs
o
TABLED UNTIL SEPTEMBER 1O.2OO1
L Approval of August 13, 2001 minutes
10. Information Update
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Devefopment Department, 75 South Frontage Road. Please cr,ll 479-2138 for information.
Sign language interpretation avaihble upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: August 27,2001
SUBJECT: A request for a final review and a recommendation to the Vail Town Council on a
proposed amendment to the Vail Land Use Plan to allow for a change from a
"Low Densig Residential" land use category to an "Open Space" land use
category, located at 3880 and 3896 Lupine Drive / Lots 1 5 & 16, Bighorn
Subdivision Second Addition; and a request for a final review and a
recommendation to the Vail Town Council on a proposed rezoning from "Two-
Family Primary/Secondary Residential" to "Natural Area Preservation District"
located at 3880 Lupine Drive / Lot 15, Bighorn Subdivision Second Addition; and
a request for a final review and a recommendation to the Vail Town Council on a
proposed rezoning from "Agriculture and Open Space" to "Natural Area
Preservation District" located at 3896 Lupine Drive / Lot 16, Bighorn Subdivision
Second Addition.
Applicant Town of Vail Planner: Brent Wilson
I. DESCRIPTION OF THE REQUEST
This application involves three requested actions:
. Amending the Vail Land Use Plan to bring the land use designations for Lots 15 & 16
into conformance with other elements of the Vail Comprehensive Plan.
. Rezoning Lot 15 to bring the zoning into conformance with existing land uses and
designations within the Vail Comprehensive Plan.
. Rezoning Lot 16 to bring the zoning Into conformance with existing land uses and
designations within the Vail Comprehensive Plan.
This application only involves lots owned by the Town of Vail. No private lots will be
impacted by the proposed rezoning and Land Use Plan amendments.
II. BAGKGROUND AND HISTORY OF THE SUBJECT PROPERTY
The Bighorn Subdivision, Second Addition was platted on July 22,1963. The Board of
County Commissioners of Eagle County approved the platting as the property was then
under Eagle County jurisdiction. Lots 15 & 16 have remained in the current configuration
since their original platting.
The Bighorn Subdivision Second Addition was annexed into the Town of Vail pursuant to
Ordinances 13 &20, Series of 1974. The annexation became effective on November 5,
1974. Upon annexation into the Town of Vail, Lots 1 5 & 16 were zoned Two Family
Primary/Secondary Residential. Lot 15 remains to be zoned Two-Family
Primary/Secondary Residential. Lot 16 has been rezoned to Agriculture & Open Space.
In '1976, the Town of Vail contracted with Arthur l. Mears to complete a Geologically
Sensitive Areas Study. For purposes of the study geologically sensitive areas were
defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr.
Mears' study the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock
fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps
were adopted by the Town in 1977.
ln 1977, Lot 16, Bighorn Subdivision, Second Addition was rezoned. The lot was rezoned
to Agriculture & Open Space from Two-Family Primary/Secondary Residential. The
request for the rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson.
According to the information in the Town's file, the reason the rezoning was requested
was because a restriction had been placed on the warranty deed, dated September 1,
1972, prohibiting habitable structures from being built on Lot 16 for a period of twenty
years (September 1, 1992).
ln 1 978, the Town of Vail adopted geologic hazard regulations. The purpose of the
regulations is to help protect the inhabitants of the Town from dangers relating to
development of flood plains, avalanche paths, steep slopes, and geologically sensitive
areas; to regulate the use of land areas which may be geologically sensitive; and further
to regulate development on steep slopes; to protect the economic and properly values of
the Town, to protect the aesthetic and recreational values and natural resources of the
Town, which are sometimes associated with flood plains, avalanche areas and areas of
geologic sensitivity and slopes; to minimize damage to public facilities and utilities and
minimize the need for relief in cleanup operations; to give notice to the public of certain
areas within the Town where flood plains, avalanche paths and areas of geologic
sensitivity exist; and to promote the general public health, safety and welfare.
In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Similar to the
Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail
Comprehensive Plan. According to the Land Use Plan, Lots 15 & 16 are designated "low
density residential". The purpose of the low-density residential designation is to provide
sites for single-family detached homes and two-family dwelling units. Density of
development with in this category would typically not exceed 3 structures per buildable
acre. Also within this area would be private recreation facilities such as tennis courts,
swimming pools, and club houses for the use of residents of the area. Institutional/public
uses permitted would include churches, fire stations, and parks and open space related
facilities.
ln 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The
objectives of the plan are:
. To identify citizen and visitor needs and preferences for a comprehensive system of
open space uses such as parks, recreation, protection of environmental resources,
trails, and to reserve lands for public use;
. To prioritize available open lands for acquisition or protection;
. To identify creative strategies to implement the acquisition and protection program;
. To define a management system to appropriately manage Town-owned open space
lands and;
. To buffer neighborhoods with open space.
The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific
parcels of land that require some kind of action either for protection of sensitive lands, for
trail easements, or for public use. In developing the plan, over 350 parcels were
evaluated with 51 parcels on which actions are recommended. The recommendations
were developed utilizing specific criteria to evaluate the areas of highest priorig.
Generally, areas received the highest priority if they met the stated objectives of the
Town and its citizens and were an integral part of the open lands system. Within the 51
parcels, there are five priority areas made up of a number of recommended actions.
These priorities are:
. Protect sensitive natural habitat areas, riparian areas, and hazard areas;
. Extend the Vail Trail to East Vail and add several trailheads to access the trail:
. Add a new trail on the north side and western half of Town to connect existing
trailheads and neighborhoods;
. Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail opportunities and provide better access to Gore Creek;
. Add bike lanes to the north and south frontage roads and add paved shoulders to
Vail Valley Drive.
The Town of Vail has already taken action on over 40 of the 51 parcels identified for
action in the Plan.
The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot
16, Bighorm Subdivision, Second Addition as "Parcel 41" for implementation purposes.
Parcel 41 is classified as a "High Priority". The high priority classification is based upon
the Town's desire to acquire both the development rights and trail easements for the
proposed South Trail extension. The plan also notes that Parcel 41 is located in a
geologically sensitive area. Strategies for protecting Parcel 41 include acquisition
through a fee simple purchase, purchasing the development rights, and/or acquiring an
access easement through the parcel.
As a high priority classification, Parcel 41 meets both Level One and Level Two
Evaluation criteria. Level One Evaluation focuses on meeting community needs relating
to the natural resource system, the recreation system, trails system, and reserving lands
for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel
utilizing criteria such as the threat of development or irreversible damage, opportunities
to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for
trade with the USFS, low management requirements on the Town of Vail and low liabilig
to the Town.
In 1995, the Town of Vail Community Development Department sent correspondence to
the owner of Parcel 41 (Lot 16). The purpose of the letter was to gauge the level of
interest of the property owner to sell Parcel 41 to the Town of Vail. The property owner
expressed no interest and no further communications have taken place. The Town of
Vail has never made a formal written offer to purchase Parcel 41 .
Research into the Town of Vail Zoning Map indicates that there are twenty properties in
the Town of Vail zoned Agricultural & Open Space. Of these twenty properties seven are
privately owned. The other thirteen properties are either publicly owned (TOV/USFS),
owned by Vail Associates and restricted as dedicated open space as part of the original
subdivision, or owned in common by a homeowner's association and restricted as
dedicated open space. Of the seven privately owned properties, three are legally platted
subdivisions. One of the legally platted properties is Lot 16.
There are three geologic hazard analysis reports in the file. Each report identifies the
same geologic hazards on the site; high severity rock fall, debris flow, and blue snow
avalanche. All three of the reports suggest possible and potential hazard mitigation
measures; earth-built structures, locational siting of the structure, boulder barriers, a rear
concrete foundation wall protruding at least six feet above finished grade and "splitting
wedges".
In 2000, a proposal to replat and rezone portions of the lots was received by the
Community Development Department. The proposal involved creating 3 lots and
conveying two of those lots to the Town of Vail for open space while retaining one lot with
Primary/Secondary zoning. There is a "by right" development potential on lot 16 of one
2000 square foot single family dwelling unit.
As a result of the findings within the Comprehensive Open Lands Plan, the Town of Vail
and the Eagle Valley Land Trust recently purchased the lots. In an attempt to attain the
goals outlined in the plan, the Town is requesting a rezoning and Vail Land Use Plan
amendmentfor Lots 15 & 16.
III. STAFF RECOMMENDATION
LAND USE PLAN AMENDMENT
The Department of Community Development recommends the Planning and
Environmental Commission foruvard a recommendation of approval of the proposed
amendments to the Vail Land Use Plan, based upon the criteria for evaluation listed in
Section V of this memorandum and the following findings:
1. The proposed plan amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the
Town of Vail's development objectives.
2. That the proposed amendment is compatible with and suitable to adjacent uses
and appropriate for the area.
3. That the proposed amendment is in the best interest of the public health, welfare
and safety.
REZONING
The Department of Community Development recommends the Planning and
Environmental Commission forward a recommendation of approval of the proposed
rezoning, based upon the criteria for evaluation listed in Section Vl of this memorandum
and the following findings:
1. The proposed rezoning is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and compatible with the Town of
Vail's development objectives.
2. That the proposed rezoning is compatible with and suitable to adjacent uses and
appropriate for the area.
3. That the proposed rezoning is in the best interest of the public health, welfare and
safety.
IV. ROLES OF THE REVIEWING BOARDS
LAND USE PLAN AMENDMENT
Planninq and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town Council
on the consistency of the proposed amendment with applicable review criteria and the
policies, goals and objectives outlined in the Vail Land Use Plan and other applicable
master plan documents.
Desion Review Board:
Action: The DRB has NO review authority on Land Use Plan amendments.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided. The
staff advises the applicant as to consistency of the proposed amendment with applicable
review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan
and other applicable master plan documents.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review process.
Town Council:
Action: The Town Council is responsible for flnal approval/denial of a Vail Land Use
Plan amendment.
The Town Council shall review and approve the proposal based on the consistency of
the proposed amendment with applicable review criteria and the policies, goals and
objectives outlined in the Vail Land Use Plan and other applicable master plan
documents.
ZONING/REZONING
Planninq and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town Council . on the compatibility of the proposed zoning with surrounding uses, consistency with the
Vail Comprehensive Plans, and impact on the general welfare of the community.
Desiqn Review Board:
Action: The DRB has NO review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided. The
staff advises the applicant as to compliance with the Zoning Regulations.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review process.
Town Council:
Action: The Town Council is responsib/e for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibilig of
the proposed zoning with surrounding uses, consistency with the Vail Comprehensive
v.
Plans, and impact on the general welfare of the community.
VAIL LAND USE PLAN DESIGNATIONS: REVIEW CRITERIA FOR AMENDMENT
General Overview of the Plan
The Vail Land Use Plan was initiated in '1 985 and adopted in 1986 by the Vail Town
Council. The main purposes of the Land Use Plan are two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land use
decisions may be made within the Town of Vail. The goals, as articulated within the
Land Use Plan, are meant to be used as adopted policy guidelines in the review process
for new development proposals. In conjunction with these goals, land use categories are
defined to indicate general types of land uses which are then used to develop the Vail
Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is
intended to provide a general framework to guide decision making. Where the land use
categories and zoning conflict, existing zoning controls development on a site.
To be effective, the Land Use Plan must be updated to reflect current thinking and
changing market conditions. The Vail Land Use Plan can be amended in three ways:
1) The Community Development Department can update and revise the plan periodically.
The Community Development Department then makes recommendations for the
proposed changes to the Planning and Environmental Commission, where these
changes would then be considered in a public hearing format. The Planning and
Environmental Commission would then make a recommendation to the Town Council,
where another public hearing would be held. The Council then adopts the changes by
resolution.
2) The Planning and Environmental Commission or Town Council can also initiate
amendments to the Land Use Plan. Again, both boards hold public hearings and the
changes are adopted by the Town Council by resolution.
3) The private sector can also initiate amendments to the Vail Land Use Plan.
Applications may be made by a registered voter, a property owner, or a property owner's
authorized representative. The amendments are then heard by both the Planning and
Environmental Commission and the Town Council. The Town Council then adopts the
changes by resolution.
LAND USE PLAN DESIGNATION DESCRIPTION
Current Land Use Plan Designation:
Low Density Residential - This category includes single-family detached homes and two
family dwelling units. Density of development within this category would gpically not
exceed 3 structures per buildable acre however, all of the adjacent residential uses
exceed 3 dwelling units per acre. Also within this area would be private recreation
facilities such as tennis courts, swimming pools and clubhouses for the use of residents
of the area. Institutional /public uses permitted would include churches, fire stations, and
parks and open space related facilities.
Proposed Land Use Designation:
Open Space - Passive recreation areas such as greenbelts, stream corridors and
drainages are the Vpes of areas in this category. Hillsides which were classified as
undevelopable due to high hazards and slopes over 40o/o are also included within this
area. These hillside areas would still be allowed types of development permitted by
existing zoning, such as one unit per 35 acres for areas in agricultural zoning. Also
permitted in this area would be institutional/public uses.
CRITERIA FOR CHANGING THE LAND USE PLAN
Any amendments to the Land Use Plan require a public process. Adjacent properties
are notified, the Planning and Environmental Commission holds a public hearing and
makes a recommendation to the Town Council on the proposal. The Town Council
adopts the changes by resolution. Any changes to the Land Use Plan must address the
following three criteria:
Criterion 1: How conditions have changed since the plan was adopted?
Physical conditions and the fundamental land use patterns of the neighborhood have not
changed since the 1986 adoption of the plan. However, it has been demonstrated over
the years that the platted lots do not have building potential due to significant
environmental constraints. Since the adoption of the Vail Land Use Plan, the subject
property has been identified in the Comprehensive Open Lands Plan as a
geologically/environmentally sensitive area and a high acquisition priority. Therefore, the
Land Use Plan is presently inconsistent with other elements of the Vail Comprehensive
Plan.
Criterion 2: How the plan is in error?
The Vail Land Use Plan prescribes updates every five years to reflect changes in
community needs or land conditions. The plan has not been amended to date to reflect
geologic hazard study findings, communig input or town council actions on the subject
property.
The Land Use Plan, unlike the Comprehensive Open Lands Plan, does not take into
account the environmental conditions of properties within designated land use
categories. The Town of Vail Zoning Regulations prohibit (or severely restrict) the ability
to develop the lots under the "low-density residential" land use pattern. Therefore, the
Land Use Plan is presently inconsistent with the land development, geologic hazard and
environmental preservation provisions contained within the Town's zoning and
subdivision regulations. Therefore, staff believes the Land Use Plan is in error.
Criterion 3: How the addition, deletion or change to the plan is in concert with the
plan in general?
Specific Land Use Plan goals that are relevant to this proposal include:
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.6 Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in
areas that are not highly visible from the Valley floor. New projects should be
carefully controlled and developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
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.
Staff believes the proposed amendment is in concert with the plan and the goals stated
above.
This proposed change is consistent with adjacent land uses and zoning designations.
Neighboring property to the north, east and west is zoned for low-density residential
development. Neighboring property to the south is within the White River National Forest
and is designated as "Backcountry Recreation - Non-motorized" in the U.S. Forest
Service's pending management plan.
Vl. REZONING REQUEST: CRITERIA FOR EVALUATION
ZONING OVERVIEW
The cunent zoning for Lot 15 is "Primary/Secondary Residential." The Town of Vail is
proposing to rezone the property to'Natural Area Preservation District." The current
zoning for Lot 16 is "Agriculture and Open Space." The Town of Vail is proposing to
rezone the properties to "Natural Area Preservation District." The Town of Vail Zoning
Regulations are intended 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."
ln contrast to the Land Use Plan, which serves as a guide in land use decision making,
the zoning and subdivision regulations are regulatory tools used to control development
for the benefit of the public health, safety and welfare. The zoning regulations are
specific with regards to development on property, including density, setbacks, height, etc.
Where conflicts exist between the Land Use Plan and the zoning for a site, existing
zoning controls development. However, in cases where a change in zoning is
considered for a site, the land use designation and land use objectives as identified in
the Land Use Plan are impo(ant considerations in the decision making process.
REZONING CRITERIA
1) ls the existing zoning suitable with the existing land use on the site and
adjacent land uses?
Staff believes the existing zoning designations are suitable with the existing and adjacent
land uses, but inappropriate for the subject property given the environmental constraints
and the Town's identified objectives for preservation of portions of the area. Lots 15 has
severely limited building potential due to geologic hazards and Lot 16 is non-conforming
under the existing "Agriculture & Open Space" zoning as it does not meet the minimum
3S-acre lot size. However, there is no minimum lot size established for the "Natural Area
Preservation District" and both lots would be conforming under the proposed rezoning.
2') ls the amendment presenting a convenient workable relationship with land
uses consistent with municipal objectives?
The proposed rezoning would bring the property into conformance with the Town's stated
goals for open lands and recent policy decisions by the Vail Town Council. The proposed
zoning designation would bring currently non-conforming lots into conformity with the
Town of Vail Zoning Regulations.
3) Does the rezoning provide for the growth of an orderly viable community?
In accordance with the provisions of the Town of Vail Zoning and Subdivision
Regulations and Vail's Comprehensive Plan elements, staff believes this rezoning
provides for the groMh of an orderly viable community. Staff believes any development
under existing zoning would circumvent the Town's desire for the growth of an orderly,
viable community and could pose "life safetf concerns.
4) ls the change consistent with the Land Use Plan?
The proposed zoning and Land Use Plan amendment are consistent with the goals,
objectives and policies stated in the Comprehensive Open Lands Plan and all other
elements of the Vail Comprehensive Plan.
Specific Land Use Plan goals that are relevant to this proposal include:
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
l_0
1.6 Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in
areas that are not highly visible from the Valley floor. New projects should be
carefully controlled and developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
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.
11_
a'
TO: Chuck Ogilby
FROM: Community Development
DATE: April2,2001
SUBJECT: Open Space Plan lmplementation
Staff: Russ Forrest
I, PURPOSE:
This purpose of this memo is to provide an update on the implementation of the Open Lands
Plan. Since its adoption in 1994 there has been significant progress on the implementation of
the plan. This implementation has included:
r Acquisition of high priority properties.. Completing a land exchange with the U.S. Forest Service o Planning and building the North Trail o Creation of a charter amendment to further protect Town owned open space
(designated open space)
ll. Open Lands Plan lmplementation
The 1994 Open Lands Plan identified 51 properties for some form of action and the creation of a
new soft trails system around Vail. In addition the plan recommended the creation of a
designated open space process. Since that time, the Town has taken action on or additional
information indicated that the property was sufficiently protected on 42 of the 51 actions.
A. Recent Ooen Lands Acquisitions
In the last year the Town Council has taken the following open space actions:
. Working with the Eagle Valley Land Trust, the Town is purchasing Lots 15 and 16 in
the Bighorn Subdivision, 2no Addition. The Town's contribution to this acquisition is
$310,000. This land is in a geologically sensitive area and was a high priority for
acquisition.
. The Town Council recently authorized the acquisition of 4 lots (1.1 acres) in Vail
Meadows Filing #2 for approximately $160,000. This was also a high priority
acquisition.
o Also in 2000, Vail Resorts conveyed three significant parcels of land to the Town of Vail that
were identified as high priority open space acquisitions.
- 3.26 acre Tract D at Vail Potato Patch - 11.71 acre Tract A at Vail Potato Patch - 6.3 acre portion of 525 Forest Road
2. Desiqnated Open Soace Uodate
To date, 28 parcels and approximately 460 acres have been designated as open space. This
includes: 76.3 acres in 2000, 11.65 acres designated in 1999 and 384 acres designated in 1996.
Attached is the list of the most recent properties approved as designated open space.
3. Trails:
The Comprehensive Open Lands Plan also identified the development of the North Trail as a
high priority. This trail will be completed in 2001. The Town Council also facilitated another
action outlined in the plan on page 14 which was to provide improved stream access. This has
been significantly achieved through the White Water Park.
4. Parks:
The Compressive Open Lands Plan identified the development of an additional park in west Vail
as a high priority on page '10 of the plan. This Council a new park on Garmish and an improved
park at Buffer Ck. The planned assumed that Donovan Park would be developed as a park
(See Action Plan). The implementation of the Donovon Park Master Plan will also implement the
Comprehensive Open Lands Plan.
Attachment A for Ordinance number 12. Series of 2000
Property & Legal
Description
Zoning Natural
Features
Acres Remarks
1)Stephens park -
that area east of
Kinnickinnick Rd.
Outdoor
Recreation
Gore Creek,
grassy
playing field.
2.66 This is currently used
as a park.
2)Buffehr Creek
Park, Lot 34 of
Buffehr Creek
Subdivisions
Outdoor
Recreation
Landscaped
parK
.J This is an existing
park
3) Upper bench
(southern most
parcel) of Donovan
Park
Outdoor
Recreation
Mapped as
Moderately
sensitive
habitat by the
National
Heritage
Program
36.49 Deer and elk are
seen on the site
grazrng.
4) Unplatted
parcel number
2103-014-00-014
northwest of 1 139,
1 1 09, 1079 and
1039 Sandstone
Drive
Natural Area
Preservation
Rock fall
hazard/steep
hill side
o.Jd
5) Parcel number
2103-122-04-028
Stream tract on
Buffehr Creek.
Natural Area
Preservation
Wetlands/rip
arian area &
stream tract
.76 Buffehr Creek runs
through this site
6) Tract A, Vail
Potato Patch
Outdoor
Recreation
Steep hill
side/north
trail
11.71 This was recently
acquired from VA,
7)Tract D, Vail
Potato Patch
Natural Area
Preservation
Steep hill
side/north
trail
3.26 This was recently
acquired from VA
-8) That portion of
525 Forest Road
owned by the
Town of Vail. (see
legal description)
Agriculture
Open Space
Riparian and
Wetland area
6.3 acres Gore Creek runs
through this site. lt is
nearly all wetlands on
the site.
9) parcel, 2101-
122-02-001&
2101-122-00-
001(Land east of
Pitkin Creek
Meadows
Townhomes)
Natural Area
Preservation
Winter
Bighom
Sheep
habitat
7.9 acres
This properg has no
practical access.
10) Tract C
Bighom Town
homes Subdivision
Outdoor
Recreation
Red
Avalanche
area
.58 acres
Total 76.34
FIEVERYONE\COUNCIL\MEMOS\OO\DEOPOO.DOC
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Vail Town Council
Com munity Development Department
February 6, 2001
Consideration of five open space related acquisitions
1.LOTS 15 & I6IN THE BIGHORN SUBDIVISION, SECOND ADDITION/ACTION #11 IN THE
COMPREHENSIVE OPEN LANDS PLAN
A proposal to replat and rezone of the above mentioned lots has been received by the
Community Development Department. The proposal would involve creating 3lots and conveying
two of those lots to the Town of Vail for open space and retaining 1 lot with primary secondary
zoning. This application is still active. Lot 15 is 83,560 square feet and zoned
primary/secondary. Lot 15 is primarily in a red avalanche hazard zone. Lot 16 is 125,797 sq. ft
and is zoned agriculture open space. There is a "by right" development potential on lot 16 of one
2000 square foot single family dwelling unit (excluding GRFA credit).
Lot 16 was identified in the Comprehensive Open Lands Plan as a high priority for acquisition
because it was in a red avalanche zone, provided access to a water fall, and could provide
access to a potential south trail. The neighbors would like to discuss the protection of lots 15 and
16 as open space through a cost sharing agreement with the Town of Vail.
Action
At staffs request, the applicant and the adjacent homeowners have worked with the
Eagle Valley Land Trust to secure the site as open space. The Eagle Valley Land Trust
has entered into a contract with the developer contingent upon the Land Trust raising
$350,000 and the Town of Vail raising $250,000 for a total purchase price of $615,000.
Thelandtrust,asofthisdate,hasraised$265,000. Thegapisnowat$100,000. The
Trust is requesting that the Town increase its total commitment by $60,000.
2. 2714 Snowberry Drive, Intermountain Subdivision Lot 14
Lot 14 is identified as a high priority acquistion in the Town of Vail Comprehensive Open Lands
Plan. The land is due south of Stephens Park. The Town on several ocassions has tried to
acquire this land from the Miller Family Trust. The Trust has been unwilling todate to discuss a
sale. On December 29'n the Trust had planned an auction of lots 14 and 15. However the
auction did not go forward because of interest by the Water District to secure an easement for a
water tank on lot 15. The District is interested in buying both lots and has asked whether the
Town would join them in acquiring these lots. The value of lot 14 is appraised at $400,000 and
has primary secondary zoning. The District completed an appraisal of lot 14 that confirmed this
vatue.
3. UNPLATTED LAND NORTH OF VAIL RIDGE SUBDIVISION/ACTION # 2 IN THE
COMPREHENSIVE OPEN LANDS PLAN
The Town of Vail has tried to acquire a 7 .2 aele tract of land directly north of Cortina Lane on
several occasions directly from the owner and then through a tax sale. The land is in Eagle
County and zoned Agriculture. lt has the potential for 1 single-family lot under Eagle County
zoning. This parcel was identified as a high priority for acquisition in the Comprehensive Open
Lands Plan. The proposed use of the land outlined in the plan was to use it in the USFS/TOV
land exchange and maintain it as open space under USFS ownership. Mr. Randall of Grand
County owns the land. lt is land locked with private development on Cortina to the south and
U.S. Forest Service land on all other sides. lt may be possible to gain access on the west side of
the property over U.S. Forest Service land. This would require approval from the USFS. Brad
Udall of the Eagle Valley Land Trust has contacted the Town to determine if we would like to
protect this land by purchasing it for $150,000. There would also be a conservation easement on
the land if the Town choose to purchase it in cooperation with the Land Trust. The owner of the
land has been in contact with the Eagle Valley Land Trust.
Action:
Brad Udall has forwarded the Town's interest in participating in an acquisition on this lot.
We are awaiting a response from Mr. Randall.
3. 1552 MATTERHORN CIRCLE
This land is zoned Residential Cluster and is 37,984 sq. ft. This property was sold on August 21,
2000 to a Mr. Hilb of Vail for a price of $490,000. An appraisal can be completed within 5 weeks
but the anticipated value of the land is expected to be similar to the recent purchase price. Mr.
Hilb has had a meeting with the Community Development Department to explore development
options on the land.
Action:
Mr. Hilb is not interested in selling all or a portion of his property. He has submitted a
subdivision application to split the lot into two parcels. Staff is negotiating for an access
easement on that property.
4. Vail Meadows Filing Number 2.
The Town has purchased all but lots 1-4 in Vail Meadows filing number 2 as open space.
Lots 1-4 are for sale and the buyer would like to turn around and sell these lots to the
Town for approximately $180,000. Lots land 2 are approximately 21,763 sq ft and lots 3
&4 are 26,560 sq. ft. lf the Town does not purchase the land, the perspective owner
would propose a rezoning application for the land. The land is zoned agricultural open
space (which requires 1 acre of buildable land to build a 2000 sq. ft. home). lt also
requires building a bridge and dealing with wetland permits.
Action:
Staff has communicated that we believe that this land has little or no
development value and is not worth $180,000. We have encouraged the owners
and the perspective buyer to evaluate a below market sell to take advantage of
potential tax benefits. Buyer will most likely move forward with a rezoning
application which staff finds no reason to support with the information that we
currently have on this property.
Location of
Property
Acres Zoning Cost to Town
Lots 15 &16,
Lupine
4.85 acres Lot 16 Agriculture and
Open Space (2.88
acres)
Lot 15 Primary
Secondary (1.91 acres)
$250,000 (Land Trust
asking for a total of
$310.000
Snowberry Drive
Property
13 acres Primary/Secondary $400,000 (District would
oav for a portion)
Vail Ridge
Property (Mr.
Randall
7.2 acres Agricultural zoning-
County 1/35 acres
$150,000??
Lots 1-4, Vail
Meadows Filing #
2
1 .1 acres Agricultural Open Space $180,000
Total $1,030,000
\, !
Qrotionroatt the ptanning staff at 47g-zr3-
Employee Housing Unit ffype: _)
Major or E Minor Exterior Alteration
(Vail Village)
Major or Minor Exterior Alteration (Lionshead)
Variance
Zoning Code Amendment
Amendment to an Approved Development plan
APPLICATION FOR PLANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
GENERAL INFORMATION
This application is for any project requiring approval by the Planning and Environmental Commission. For specific information, see the submittal requirements for the particular approval that is requested. The application can not be accepted until all required information is submitted, The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
I0l,!'I
A. TYPE OF APPLICATION:tr Bed and Breakfast tr Conditional Use permit
tr Major or tr Minor Subdivision tr Rezoning tr Sign Variance D Special Development District tl Major or tr Minor Amendment to SDD
tr
D
tr
tr
E
tr
c.
D.
E,
F.
H.
B. DESCRIPTION OF THE REOUESTT Please refer to the attacrnent.
lot 15
NAME OF OWNER(S):Town of Vall
MAIUNG ADDRESS: 75 S. Fronraee Road. Vai]. Co 81657
owNER(S) STGNATURE(S):
sanne
NAME OF APPLICANT:
MAIUNG ADDRESS:
PHONE:
FEE: See submittal requirements for appropriate fee
PLEASE SUBMIT THIS APPUCATION, ALL SUBMITTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNIW DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAI!_, COLORADO 81657.
LocATioN oF PRoPoSAL: Lor: 15 & 16 BLocK:_ EILING: Biqhorn second Addition
pHySICAL 49pp955. 3880 & 3896 Lupine Drlve
PARCEL #.2101-11
TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 t 38
FAX 970-479-2452
www.ci.vail.co.us
July 30, 2001
Town of Vail Planning and Environmental Commission (PEC)
C/o Department of Communily Development
75 S. Frontage Road
Vail, CO 81657
Re: Lots 15 & 16, Bighorn Second Addition
Dear PEC members:
The Town of Vail's application involves the following requests:
. A request for a final review and a recommendation to the Vail Town Council on a
proposed amendment to the Vail Land Use Plan to allow for a change from a "Low
Density Residential" land use category to an "Open Space" land use category,
localed at 3880 and 3896 Lupine Drive / Lots 15 & 16, Bighorn Subdivision Second
Addition
. A request for a final review and a recommendation to the Vail Town Council on a
proposed rezoning from "Two-Family Primary/Secondary Residential" to "Natural
Area Preservation District" located at 3880 Lupine Drive / Lot 15, Bighorn
Subdivision Second Addition
. A request for a final review and a recommendation to the Vail Town Council on a
proposed rezoning from "Agriculture and Open Space" to "Natural Area Preservation
District" located at 3896 Lupine Drive / Lot 16, Bighorn Subdivision Second Addition.
The circumstances and rationale for the proposed amendments are contained within the
slaff memorandum. Please refer to this memorandum for comolete details of the
proposars.
Sincerely,
6..,'*,7- c-.-=- ,.
Brent Wilson, AICP
Senior Planner
{P *nt''"''"' oo'o*
@o*{ ressl
NEoREioW, JEANNE . KJEsBo,O
ROI.AND
PO BOX 3419
vAlL, co 81658
EAGLEVALLEYLANDTRUST- EAGLEVALLEYLANDTRUST.
TowN oF vArL TowN oF vArL LINDSAY, R.BERT
Po Box295 po Box295 94 DRIS.OLLAVE
MTNTURN, co 816s4 MTNTURN. co 8164s ROOKVILLE crR' NY 11570
WE;SS, cARy STEWART, TANA E. StpF, ER;C D. & SUSAN H.
los1 PbRT MALABAR 6 96e G EDGEWATER BLVDBoX 37oo S GlLptN ST
eALM BAy, FL 3290s lfarr* clry. cA s4404 ENGLEWooD, co eo11&4013
SIM, R. DALTON - DULUDE, MAUREEN M. STEVENSON ANN H. MUNCASTER QUAL PER CLAUDIA LIVING TRUST RES TRUST
3916 LUPINE DR 7242OLD POST RD NEIL K. MUNCASTER
VAIL, CO 81657 BOULDER. CO 80301 TRUSTEE3887 LUPINE DRA
vAtL, co 81657
ANN H. MUNCASTER QUAL PERS
RES TRUST
NEIL K. MUNCASTER
TRUSTEE3887 LUPINE DR A
vAlL. co 81657
flo",
ssarppv arualv@
MARY C.B. & GARY M. WEISS THOMSON, DAVID E., ALFRED E.
TRUSTEE - MARY DARREN D, & BETryJ.13O
C.B. WEISS TRUST1O51 PORT GAYLORD MALABARBLVDNESTE6 DENVER,CO EO2O6
PALM BAY. FL 32905
60919 rQ aleldual asl t.|rsleeqs peal qloorus
\
fi. ,r-r MAY AFFE.T "or* ,*orrt
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on August 27 , 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a final review and recommendation to the Town Council for the adoption of two
view corridors within Lionshead, as identified within the Lionshead Redevelopment Master Plan.
View Corridor 1 is located approximately at the main pedestrian exit looking southwest towards
the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the
east end of the Lifthouse Lodge looking south up the Gondola lift line. A more specific legal
description of the two view corridors is on file at the Community Development Department.
Applicant: Town of Vail
Planner: Allison Ochs
A request for a final review and a recommendation to the Vail Town Council on the Town of
Vail's proposed amendment to the Town of Vail Streetscape Master Plan, located at EasVWest
Meadow Drive, Vail Village.
Applicant: Town of Vail
Planner: George Ruther
A request for a final review and a recommendation to the Vail Town Council on a proposed
amendment to the Vail Land Use Plan to allow for a change from a "Low Density Residential"
land use category to an "Open Space" land use category, located at 5206-5215 Black Gore
Drive / Lots 1-12, Vail Meadows Filing 2' and a request for a final review and a recommendation
to the Vail Town Council on a proposed rezoning from "Agriculture and Open Space" to "Natural
Area Preservation District," located at 5206-5207 Black Gore Drive / Lots 1-4, Vail Meadows
Filing 2.
Applicant: Town of Vail
Planner: Brent Wilson
A request for a final review and a recommendation to the Vail Town Council on a proposed
amendment to the Vail Land Use Plan to allow for a change from a "Low Density Residential"
land use category to an "Open Space" land use category, located at 3880 and 3896 Lupine
Drive / Lots 15 & 16, Bighorn Subdivision Second Addition; and a request for a final review and
a recommendation to the Vail Town Council on a proposed rezoning from "Two-Family
Primary/Secondary Residential" to "Natural Area Preservation District" located at 3880 Lupine
Drive / Lot 15, Bighorn Subdivision Second Addition; and a request for a final review and a
recommendation to the Vail Town Council on a proposed rezoning from "Agriculture and Open
Space" to "Natural Area Preservation District" located at 3896 Lupine Drive / Lot 16, Bighom
Subdivision Second Addition.
Applicant: Town of Vail
Planner: Brent Wilson
A request for a final review and recommendation to the Vail Town Council on proposed
"housekeeping" amendments and/or corrections to Title 11, Vail Town Code ("Sign
Regulations"), Title 12, Vail Town Code ("Zoning Regulations"), Title 13, Vail Town Code
("subdivision Regulations"), and Title 14 ("Development Standards"). A detailed description of
the proposed housekeeping amendments is available at the Department of Community ./Development. h
Applicant: Town of Vail
Planner: Brent Wilson
A request for a variance frornQ""tion 12-6D-6, Vail Town Code, to "ffot, an addition within u' \
required setbacks, located at 5122 Grouse Lane / Lot 7, Block 1, Gore Creek Subdivision.
Applicant: Kuchar, represented by David lrwin
Planner: Allison Ochs
A request for a final review and a recommendation lo the Vail Town Council on proposed
revisions to Title 14 ("Development Standards"), Vail Town Code, regarding the use of alternate
building materials within the Town of Vail, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection during regular
office hours in the project planne/s office, located at ihe Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientation and the site
visits that precede the public hearing in the Town of Vail Community Development Department.
Please call 479-2138 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479-
2356, Telephone for lhe Hearing lmpaired, for information.
Community Development DePartmenl
Published August 10, 2001 in the Vail Trail.
Lots 15116, Bighorn Subdivision, Second Addition
2000 Request to Subdivide and Rezone
Applicatlon Withdrawn by the Applicant
APPLICATION FOR PLANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
GENEML INFORMATION
This application is for any project requiring approval by the Planning and Environmental Commission. For soecific
information, see the submittal requirements for the particular approval that is requested. The application can not
be accepted until all required information is submitted. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
A, TYPE OF APPLICATION:tr Bed and BreaKast D Conditional Use Permit D Major or ffwinoi Subdivision tr Rezoning n Sign Variance tr Special Dqvelopment District tr Maior orl lainor Amendment to SDD
Questionlatl the Planning Staff at 47g-2L38
Employee Housing Unit (Type: _)
Major or tr Minor Exterior Alteration
(Vail Village)
Major or Minor Exterior Alteration (Lionshead)
Variance
Zoning Code Amendment
Amendment to an Approved Development Plan
tr
D
tr
tr
tr
tr
6 B.
c.
D.
tr
F.
u,
H.
LOCATION OF PROPOSAL:
PARCEL #:
NAME OF OWNER(S):
trLG
owNER(S) STGNATU
NAME OF APPLICANT:
MAILING
BLOCK: -
(Contact Eagle Co. Assessors Office at 970-328-8fl0 for parcel #)
J+
:"
L-T(-
FEE: See submittat requiremenE for appropriate fee :f ZrO , OO
PLEASE SUBMIT THIS APPUCATION, ALL SUBMITTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FROilTAGE ROAD, VAI!, COLORADO 81657.
a.EcE!vsDJUL 2 I ?000
,'8 \4'
Quefs? Call the Planning Staff at 479-2138
APPLICATION FOR PLANNING AND ENVIROI\IMENTAL
COMMISSION APPROVAL
CENERAL INFORMATION
This application is for any project requiring approval by the Planning and Environmental Commission. For specific
information. sec the zubmittat requirements for the particular approval that is requested. The application can not be
accepted until all required information is submited. The project may also necd to be reviewed by the Town Council
and/or thc Desigrr Rwiew Board
TYPE OF APPLICATION:
tr Additional GRFA (250)
tr Bed and Brealdast
tr Condltional Use Permit
tr Maior or E Minor Subdivision v^',{, Kezonmg
' E Sign Variance
tr Variance
tr Zoning Code Amendment
TO{{N0Fvltt
tr
tr
tr
tr
tr
tr
Amendment to an Approved Dwelopmant Plan
Employee Housing Unit (type: )
Major or tr Minor CCI Exterior Alteration
(Vail Village)
Major or tr Minor CCII Exterior Alteration
(Lionshead)
Special Dwelopment Dstrict
Major or E Minor Amendmeflt to an SDD
B.DESCRIPTION OF THE REQUEST:
I tr".-r \rD
c.LOCATTON OF PROPOSAL: r.Or-!(c-eLOCK - -FILING
ADDRESS:
ZONINC:
BUILDINGNAME:
NAME OF OWNER(S):
MAILING ADDRESS:
PHONE:
bez3z
OWNER(S) SIGNATIJRE(S) :
NAME OF REPRESENTATIfE :
D.
E.
F.
o.
ooqq Cell.
FEE - SEE THE SIJBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. $ ZO O , 5lO
STJBMIT THIS APPLICATION, ALL SUBMITTAL REQIIREMENTS AND THE FEE TO TIIE
DEPARTMEI{T OF COMMIJNTTY DEVELOPMENT, TsSOUTH FRONTAGE ROAD,
vArL. coLoRADO 816s7.
FeePaid: 58O cr6,: /t f 1 sy:
t/ q./ ) /ApplicationDate:-PECMe*invgDarc: o l*4 p"J
NDCDTYBD JUL
ccq-
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-2 t 38
FAX 970-479-2452
www.ci.vail.co.us
June 21, 2000
Mr. Jay Schimer
First Land Development, L.L.C.
P.O. Box 2083
Edwards, Colorado 81632
Re Dgveleprneatt Review Process of a Remninp and Minor Subdivision
Dear Jay,
The purpose of this letter is to provide you with written documentatlon ofour telephone conversation of
Monday, June l9tD.
As we discussed the approximate length ofthe Town of Vail's development review process for a possible
rezoning and minor subdivision oflots 15116, Bighom Subdivision is 8 to 9 weeks. The review process
requires at least one hearing before the Town of Vail Planning & Environmental Commission and at least
two meetings with the Vail Town Council, The duration ofthe review proccss could be increased should
substantial amendments to your proposal be required. The 8 to 9 week development review process bcgirs
once a complete application is received by our department
Should you have any questions please do not hesitatc to reach me by telephone. You can reach me most
easily at 479-2145.
Sincerely,
l!t-+R't*t
George Ruther, AICP
Chief of Planning
Town of Vail
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MEMORANDUM
August 29,2Ul0
Mr. George G. Buther
Departmeat of Comruunity llevelopment
75 South Frontage Road
Vail, Cdorado 81657
Tarra E, Stewart
Wendy M. Stewrrt <L_
Bill f,. Stcwart
SEfi) Lupine Ilrive
Vail, Colorodo 8165?
f,ot lsn6 Bighorn 2d Addition
s54?6-83s4
4'l b' 43lb
Irlorrna I
p.1
IDATE:
TO:
trROM;
SURIECT:
Dear Sirs:
we bcliwe maintainrng open ryrce in vair is one ofthe mo$ sritic* issrres for our cormunity. Recemtly, oy_lT*ypurticipatcd in a petitio,n
"ar,pd* #t;; iuiiA,A_,to record their quport ofvails.open qace plan and to oppose e*uop,n".i oir.rt rslto of Bigtorn f rrd&tion. i wo'id i.eoi turt'o", "i*rr*irv i, fuly srpportivc of any and all open space preservation.
-ln thlt rcgard' we are pr€p8red to contribute us$ I 00,000 towards thc acquisitim of thsse
lgts for oper spec€. you wirl receiv, , ,it"iiiJ oii* n".
""r*rJEi"r. iil'Jrik rhar the Tonm of Vail also contribute to the acquisitionl
Our corwnitmEnr is as follows:
l) we will retain a drip ofrand approximatory so octty zso fcet imnrc{iately adjrcent to our lot (l4A).
2) Any additional lrn4
1s
renrgsentt' by the proportion purchaserl by ow contribution, will bc donated to the T-own itVU fo. "d ;;;. .' "*
3) we would requirc that the use ofthc raad be restricred, u piiprt rty, to op@
ryace.
4) we wq not request any devclopment rights (no GRFA) for tre 50 by 250 addition to our lot.
5) Wo would be preprrod to tcgally reetriot ourtotal lot as required.
Wre look forward to discussing ourproposal with the Town Corlrcil.
Rogadg
.4
Aug-3o-oo Qz:ss,P Cofaao Speakers Burcau 97U176 o5o5
Arrgust 30. 2000
George Ruther
Community Dateloprnent
Tonvn of Vall
By Fdaiimlle
Dear Geoqe,
Per our disctmion, I am prepnred to oftr a t100,000 ontsibuUon to theTorvn
of Vall towards tre pnchase of lot 16 and Lot 15, if the lots are to be held as
"designaEd open sp*e'ln perpetuity. Dalbn and I need a litUe time b discuss
wheilrers not we uould oftend our proffiy line4!'t€quest addl$onal GRFA.
As of Sepftember lll' I wltt be tnrrelirg. If you think that thls deal may occur
befiorc October 1c I @uld haw the funds wlth my atbrney Fr€d Otb. Fred may
act fur me if I am unavailable. His number in Eagle Vail is 9495380.
Good luck with fris project and the aqulsltlon of otter open spaces.
P-Ol
Cf,:b\*r{
Cfaudia Dultde
3916 Luphe Dr.
Vail, CO 816V
476"8505 Tel
47G5885 Fax
cdulude@vail.net
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V,Ll
irst Land Development,
P.O. Box 2083
Edwards. CO 81632-2083 , J,.t'l ''
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Septembe r 28, zooo
MEMORANDUM
n\. Y'
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\ $'x
o LLC
From: Jay Tschirner
To: George Ruther
/Re: Lots 15 and 16, Bighorn Subdivision, 2noAddition \
l
PROPOSED TERMS OF AGREEMENT /
llt
, Iu trl 1 The applicants hope to obtain the support of their neighbors (Bill and Tana
lrrN ' L ,4 Stewart and others) for their revised applications for minor subdivision and " / 'ul'l' ' rezoning of Lots 15 and 16, Bighorn Su'bdivision, 2nd Addilion./. . .lq!/tl^" 1l A
\ ! | ,,f/ ' 2 The applications will be modified to reflect their request for rezoning of Lot
/l ,,i( 1' 158 to Primary/Secondary with other elements of their application to remain
\/rtu the same as submitted on September 25,200O.
3. The applicants hope to retain the Town of Vail Planning Staff
recommendation for approvals contained in George Ruther's Memorandum of
September 25,2000
4. Subsequent to the approvals, the applicants will exercise their development
rights only for proposed Lot 158. And, they will agree to encumber
development rights of Lot 15A in the form of an acceptable "Contract for Sale"
to an entity acceptable to the Stewarts and the Town of Vail for the sum of
s300.000 00.
5 The Stewarts, at their discretion, may execute this contract on their own
behalf or assigns and the closing date shall not be later than one year after
the date of recording of the final plat. The earnest money shall be $25,000
and the Seller will accept a financing contingency based upon the Buyer's
ability to obtain funds from GOCO, RETT, private financing and other
sources. The Seller's shall have no liability for commissions claimed by
Buyer's real estate broker or others. In the contract interim, the applicants will
make no efforts to obtain DRB approvals or building permits for any
imorovements on Lot 15A.
6. The substance of this understanding can be modified for legal and tax
purposes with the mutual agreement of the Stewarts and the applicants.
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910.926.6223 phone 9'70.926-6224 flax
Steuart
4,
FAX to: r4_r. George G. Ruthcr, AICp Senior Special projects planner
(97o) 47f-24s2
From: Tana Stewart
(970) 476 _ 43t6
lrax(970) 476-5354
Telephone (work #) I - E00 853 - Zl33
FAX (303) 82s_77s8
k: fu9 Mr* Lindsey - log cabin styte house ncxt door to Stevensons and Thompsoru on Lupine Dr.
Telephone (516\ 6Zt - 9795
FAX (516) 60e - 0l 52
4
Bill and I will plan to call in to the mecting Thursday morning g:00 cororado time. If vou could kindrv reave a message at our homi in califomia rzozj z-ai_-i9Zilinfirming thc time to call and arso thc terephone numbcr we shourcr use it would ue mosrtrepn t.
Thank you again for working roward a better sorution on this issue.
s3-4?6-s354 p.1
September 25, 2000
Mr. Ruther,
Thank you for your on-going effi:rts to resolve re-zoning and development issues regardrng lots 15 and 16 into a 'vinfwin" proposal. Bilt and I would lfte to do whatever we.gan fo.pushforward your comprpmisr, pr.posal. we think thut girr.othe .ur."nt reality, it is the best solution possibG.
. As requested, I am sending the telephonc Brd fax numbers of immediare neighbors with whom we have been in contact. f apologize in advance that I do not know the proper house numbers and hcnce must reftr to them by location and /or housc description; ' 4
Y. i l"-d Mrs. Eric siph - oru adjacent neighbor to tlre west (between ourserves and the Riddlers) Lot l4,{ (we are B) of Shapiro Subdivision, Bigho; z* --'---'-"'
Telephone (3o3) 76r - 5549 (cunentry thcy are on vacation - shourd be back nexl week I believe)
Mr. And Mrs. Mark stevenson - 39g7 B Lupine Drive, directry across the road from krt t6
ll
Ltt/v5/AO 'I.xU l,l:$5 FAI I 707 785 1SE5
] sc.r-rt
Septernber 30,2[XXt
Dearrreighbons,
STEIIARTS
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unanimous. We Ddieve tlrat we
mintrtrize dwelopmenf and gpin
,horfd work towards a wfuFlrdn rornpromise where v
ogrn space, We are in support of the above ;rrcposal
excepdon of Iimited parking spaces next to oul
rsed hazald coditions, 4 sefbacks and location
have mrnmired to buy Lot I5A for S100,000 an
appreciate any frtanrial supptrt you may {"ct
the TOV shqrld tutty frnrd tte acquisition. I
Of course each of us wilt make our orvn
family contact George RuEref or Rr'+c Forest of Devdcpurent with vour views and questions' Their phone numbers_ are a&27as #4712146. Of cou;,E, pleaee tet free io call ilF
We held a confence cau wiflr George Ruther and Russ Forest (Comnrunity Developfient -
tlne devebper on Tuesday, sepFlrber 28, 2000. Bebw is our rylerstanding of the current s
Development Proposat
New as of 9/28/ZB0 crnfersre ratl
A sing:le brdtding envelope tn 158
Locatr,on ( as ncocunended by
Mioimumset Lulrine Drive a
a
a
a
a
50b 75f€erhon
QposiEopeirtar betweer Lindsay's home and
prbperty Iilre
homes
Teto%xre appropriaF GRFA ior that lot size
Donationol land b TOV- appnximahly d2 Acie$
In ouropininn, the reality of tlre situation subiect 0o haard rqgulations, will
approved by Ore P&E Comurission 1lre the old proposal ( September 25) urds
recornmend your supportas well trq propdcal if a c\znprrdse, severalkey objectives
beerr adrieved L) 4.2 acresofopen space with fir[<Iew/access to the watr*fall ?) tlre rr.fl be left "as-ir", rnf a park" witi the
propertF line.3) no eristing lcsidence has
prerieffe.rs much vi€w as posible fotr residej|cts-
As you might enpect, dre developer for t-ot l5A" wldctr vvilt most likifv be
deeignatad as "{svelopatla'as well TOV lvill be pursued but as a nrinisrsm. Tana anrt
dwatetlreland nthe town Obrniously, we
provide, in sddition b you on-going sqpport
I
and uir: stnorgly rer.ommend tlrat you and yo6
I
We are certainty looking forurard to e neighborirood barbcrre when 6rb is aU resolved !
EilL Tana ard WerrdyStewart
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o 10/06/00 lgu 14i$6 FAI I 70? 7E5 1S65 SIEilTRTS
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tsool
October 5, 9000
Dear Neighbors,
In continuing to keep you informed of developments regarding efforts to
preserve operr spe@ ofthe E*st Vail waterfsll area, we are pleased to pass
on the follorving progress report:
At the suggestion of Jay Tschi:r'ner, on Monday, Osbober 2, a couference
call was held between Brad Udall of the Eagfle Va]ley Land Trust, r]ay
Techirner and oruselves, The purpoee ofthat discussion was to requent
Btad Lldall's assistance regarding detail.g of the transfer of the 4,2 acres to
the TOV and its preservation as open space. Eagle Valley Land Trust
aFreed to support all of us. 4- - .
Brad Lldall has phoned us and indicated that following the conlbrence,
Jay Tschirner indicated that he mighi sell all of lots 15 and 16 to the Land
TrusU Town of Vail, for open space in perpetuity, for the sum of around
S600,000. BilI and I gave Brad your telephone numbers and he hss been
pwsuing the possibility of that action. Yesterday, Oct. 4, Brud called to
say that he planned to formally submit an offer to purchase.
We do not know if it is poasible to raise that sum of money, but it ie
exciting that we have all helped to "move the ball' this far. 'fhanls to
arryareness through the newspaper, our joint petition and talking with town
council members orrr neighborhood has gained the attention of the land
kust, the town itsel{ and others wbo may help. Brad Udnll n'i[ be asking
for finansial contrihutionrt. Some of us have offered funding ( $220,000
from the noighborhoodso far). Ifyoucanhelp, pleasedoso. Ifyouhave I
ffrt talked to Brad about this option we encourage you to do so. He may be
reached at (97O) 827 - 4t71.
Please 4rll ug if you wish to discuss.
Thank yau, 4'-
Bill and Tana Stewart (g7O') 476 - 4316
ING AND ENVIRONMENTAL lssroN
PUBLIC MEETING SCHEDULE
Monday, August 28, 2000
PRoJEcr ORIENTATION / - community Development Dept. puBLlc wELcoME 12:00 pm
r GR Training Session - Non-Conforming Uses /Lots/Structures :30 min.
o
COMM
MEMBERS PRESENT
Site Visits :
Tom Weber
John Schofield
Chas Bemhardt
Doug Cahill
1 Wilson Family Trust - 3886/3896 LupineDrive (bring hiking footwear)
Driver: George
KEX
1. A. request for a minor subdivision to allow for the reconfiguration and replatting of two'existing ' ..lots and the rezoning of Lot 16, Eighorn 2nd Addition, from Agriculturat a Open-Space to TwoI
Family Primary/Secondary Residential, and the rezoning oiTract A to Ndtural Arta Preservation
District, located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighorn 2no Addition.
Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ruther
2. lnformation Uodate
SELECTION OF PEC REPRESENTATIVE AT DRE FOR 2OOO-
Doug Cahill
Chas Bernhardt
Galen Aasland -
Brian Doyon
o
PLANN
MEMBERS ABSENT
1:15 pm
Jan-Apr 5,'OO , 'l : '
Apr'19, '00
May 3, '00
May 17,'00
Jun 7, '00 r"- " tun 21, !0" .
- Jul 5, '00 - Jul 19, '00 - Aug 2, '00
Galen Aasland - Aug 16, '00
Tom Weber - Sep 6, '00
Brian Doyon - Sep 20, '00
h John Schofield - Oct-Dec'00
ffi U 3. Approval ofAugust 14,2000 minutes.
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office located al the Town of Vail Community Development
Department, 75 South Frontage Road. Please call 479-2138 forinformation.
Sign language interpretation available upon request wrth 24 hour notification. Please call479-2356, Telephone for the Hearing
lmpaired. for information-
Community Development Department
Published August 25, 2000 in the Vail Trail
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FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
August 28,2000
A request for a worksession to discuss a minor subdivision to allow for the
reconfiguration and replatling of two existing lots and the rezoning of Lot
16, Bighorn 2no Addilion, from Agricultural & Open Space to Two-Family
Primary/Secondary Residential, and the rezoning of Tract A to Natural
Area Preservation District, located at 3886/3896 Lupine Drive/Lots 15 &
16, Bighorn 2''d Addition.
Applicant: Wilson Family Trust, represented by Jay Tschirner, First
Land Development, LLC Planner: George Ruther
DESCRIPTION OF THE REQUESTS
The applicant, the Wilson Family Trust, represented by Jay Tschirner, of First Land
Development , L.L.C., has submitted two development review applications to the Town of
Vail Community Development Department. The applicalions are for the resubdivision
and rezoning of two lots in East Vail.
A. MINOR SUBDIVISION
The applicant is proposing a minor subdivision to resubdivide Lots 15 & 16 in the Bighorn
Subdivision, Second Addition. These lots are localed at 3886 and 3896 Lupine Drive.
The purpose of the resubdivision is to create two new lots, each approximately 1.2 acres
in size and to establish a tract of land 2.4 acres in size to be dedicated 1o a third party
(i.e., TOV, USFS, Eagle Valley Land Trust). The creation of the two reconfigured lots will
be accomplished by vacating the existing property line between existing Lots 15 & 16
and replatting two new property lines. A copy of the proposed plat has been attached for
reference.
B. REZONING
The applicant is proposing to rezone Lots 15 & 16, Bighorn Subdivision, Second
Addition. According to the Official Town of Vail Zoning Map, Lot 15 is zoned Two Family
Primary/Secondary Residential and Lot 16 is zoned Agricultural & Open Space. The
applicant is proposing to rezone Lot 16 to Two Family Primary/Secondary Residential
and to rezone the newly created, undevelopable tract (Tract A) of land to Natural Area
Preservation Dislrict.
II. STAFF RECOMMENDATION
As this is a worksession, the Community Development Department will not be making
formal recommendation to the Planning & Environmental Commission at this time. We will
provide a formal recommendation at the time of final review of the request. A final review of this
request is tentatively scheduled for Monday, September 11, 2000.
While we are not prepared to make a final recommendation at this time, staff recommends that
_ the applicant, neighbors and Commission explore alternatives to the present proposal. Staff
suggesls that the applicant revises lhe current proposal to come into greater compliance with
existing development conditions and to reduce any potential negative impacts on the
neighborhood and community.
A. MINOH SUBDIVISION
B. HEZONING
ilr. BACKGROUND
The Bighorn Subdivision Second Addition was platted on July 22, 1963. The plalting was
approved by the Board of County Commissioners of Eagle County as the property was then
under Eagle County jurisdiction. Lots 15 & 16 have remained in the current configuration since
their original platting.
The Bighorn Subdivision Second Addition was annexed into the Town of Vail pursuant to
Ordinances 13 & 20, Series of 1974. The annexation became e{fective on November 5, 1974.
Upon annexation into the Town of Vail, Lots 15 & 16 were zoned Two Family Primary/Secondary
Residential. Lot 15 remains to be zoned Two Family PrimarylSecondary Residenlial. Lot 16 has
been rezoned.
ln 1976, the Town of Vail contracted with Arthur l. Mears to complete a Geologically Sensitive
Areas Study. For purposes oJ the study geologically sensitive areas were defined as snow
avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study the Town of
Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as
components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in
1977.
ln 1977, Lot 16, Bighorn Subdivision Second Addition was rezoned. The lot was rezoned to
Agriculture & Open Space from Two Family Primary/Secondary Residential. The reguest for the
rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson. According to the information
in the Town's file, the reason the rezoning was requested was because a restriction had been
placed on the warranty deed dated September 1 ,1972, prohibited habitable structures being
built on Lot 1 6 for a period of twenty years (September 1 , 1992).
ln 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations are to
help protect the inhabilants of the Town from dangers relating to development of flood plains,
avalanche palhs, steep slopes, and geologically sensitive areas; to regulate the use of land
areas which may be geologically sensitive; and further to regulate development on steep slopes;
to protect lhe economic and property values of the Town, to protect the aesthelic and
recreational values and nalural resources of the Town, which are sometimes associated with
flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage
to public facilities and utilities and minimize the need for relief in cleanup operations; to give
notice to the public of certain areas within the Town where flood plains, avalanche paths and
areas of geologic sensitivily exist, and to promote the general public health, safety and welfare.
ln 1986, the Town of Vail adopted the Town of Vail Land Use Plan. Similar to the Geologic
Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan.
According to the Land Use Plan, Lots 15 & 16 are designated "low density residential". The
purpose of the low-density residential designation is to provide sites for single-family detached
homes and two-family dwelling units. Density of development with in this calegory would
typically not exceed 3 struclures per buildable acre. Also within this area would be private
recreation facilities such as tennis courts, swimming pools, and club houses for the use of
residents of the area. Institulional/public uses permitted would include churches, fire stations,
and parks and open space related facilities.
In 1994, the Town of Vail adopted the Comprehensive Open Lands Plan. The obiectives of the
olan are:
. To identify cilizen and visitor needs and preferences for a comprehensive system of
open space uses such as parks, recreation, protection of environmental resources,
trails, and to reserye lands for public use;o To prioritize available open lands for acquisition or protection;o To identify creaiive strategies to implement the acquisition and protection program;. To define a management system to appropriately manage Town-owned open space
lands, and;. To buffer neighborhoods with open space.
The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels
of land lhal require some kind of action either for protection of sensitive lands, for trail
easemenls, or for public use. In developing the plan, over 350 parcels were evaluated wilh 51
parcels on which actions are recommended. The recommendalions were developed utilizing
specific criteria to evaluate the areas of highest priority. Generally, areas received the highest
priority if they met the stated objectives of the Town and its citizens and were an integral part of
the open lands system. Within the 5'l parcels, there are five priority areas made up of a number
of recommended actions. These priorities are:
r Protecl sensitive nalural habitat areas, riparian areas, and hazard areas;. Extend the Vail Trail to East Vail and add several trailheads lo access the trail;. Add a new trail on the north side and western half of Town to connect existing
trailheads and neighborhoods;. Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail oppoftunities and provide better access to Gore Creek;. Add bike lanes to the north and south frontage roads and add paved shoulders to
Vail Valley Drive.
The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot 16,
Bighorm Subdivision Second Addition as "Parcel 41" for implementalion purposes. Parcel 41 is
o
classified as a "High Priority". The high priority classification is based upon the Town's desire to
acquire both the development rights and trail easements for the proposed South Trail extension.
The plan also notes that Parcel 41 is located in a geologically sensitive area. Strategies for
protecting Parcel 41 include acquisition through a fee simple purchase, purchasing the
development rights, and/or acquiring an access easement through lhe parcel.
As a high priority classification, Parcel 41 meets both Level One and Level Two Evaluation
criteria. Level One Evaluation focuses on meeting community needs relating to the natural
resource system, the recreation system, trails system, and reserving lands for future civic/public
uses. Level Two Evalualion focuses on the availability of the parcel utilizing criteria such as the
threat of development or irreversible damage, opportunities to leverage other funds, cost,
unusual opportunity with a motivated seller, opportunity for trade with the USFS, low
management requirements on the Town of Vail and low liability to the Town.
In 1995, the Town of Vail Community Development Department sent correspondence to ihe
owner of Parcel 41 (Lot 16). The purpose of the letter was to gauge the level of interest of the
property owner to sell Parcel 41 to the Town of Vail. The property owner expressed no interest
and no further communications have taken place. The Town of Vail has never made a formal
written offer to purchase Parcel 41.
Research inlo the Town of Vail Zoning Map indicates that there are twenty properties in the
Town of Vail zoned Agricultural & Open Space. Of these lwenty properties seven are privately
owned. The other thirteen properties are either publicly owned (TOV/USFS), owned by Vail
Associates and restricted as dedicaled open space as part of the original subdivision, or owned
in common by a homeowner's association and restricted as dedicated open space. Of the
seven privately owned properties, three are legally platted subdivisions. One of the legally
platted properties is Lot 16.
The Town of Vail Zoning Code prescribes the land development regulations for development
within the Town. The following code seclions are particularly relevant to the evaluation of the
applicant's proposal.
Chapter 6 - Single-Family Residential
Chapter 6 - Two-Family Primary/Secondary Residential
Chapter 8 - Agricultural & Open Space
Chapter 21 -Hazard Regulations
Copies of each of the code sections listed above have been attached for reference.
IV. ZONING ANALYSIS
The purpose of the Zoning Analysis is to provide a wrillen comparison of lhe existing
development rights of Lots 15 & 16. The analysis also provides a comparison of the lot sizes,
allowable GRFA, and geologic hazards associated with other properties in the same
neighborhood,
o
LOT 15, BIGHORN SUBDIVISION SECOND ADDITION
(PrimaryiSecondary Residential)
EXISTING PROPOSED
Lot Size: 83,653 sq. ft. sq. ft.
Density: 2 DU + 1 Type ll EHU 2 DU + 1 Type lt EHU
GRFA: 7,933 sq. ft. + 500 sq. ft. (EHU) sq. ft. + 500 sq, ft. (EHU)
Site Coverage: 16,73'l sq. ft. sq.ft.
(20%)
Seibacks: Front -20 ft. Same
Sides-15 ft.
Rear- 15ft.
Landscape Area: 50,192 sq. ft. sq. ft.
(60%)
Building Height: 33'maximum Same
LOT 16, BIGHORN SUBDIVISION SECOND ADDITION
(Agricultural & Open Space)
EXISTING PROPOSED
Lot Size: 125,797 sq. ft. sq. ft.
Density: 'l DU + 1 Type ll EHU DU + 1 Type ll EHU
GRFA: 2,000 sq. ft. + 500 sq. ft. (EHU) sq. ft. + 500 sq. ft. (EHU)
Site Coverage: 6,289 sq. ft. sq. ft.
(s%)
Setbacks: Front -20 ft. Same
Sides-15 ft.
Rear- 1Sft.
Landscape Area: N/A Same
Building Height: 33'maximum Same
V. MINOR SUBDIVISION CRITERIA
A basic premise of subdivision regulations is that the minimum standards for the crealion
of a new lot must be met. This subdivision will be reviewed under Title 13, Subdivision
Flegulations, of the Town of Vail Municipal Code.
A. The first set of criteria to be considered by the Planning and Environmental
Commission for a Minor Subdivision apolication is:
Lot Area:
Slaff Flesponse:
Frontage:
Staff Response:
Dimension:
Staff Response:
B. The second set of criteria to be considered with a Minor Subdivision application,
as outlined in the subdivision regulations, is:
The burden of proof shall rest with the applicant to show that the
application is in compliance with the intent and purposes of this Chapter,
the Zoning Ordinance and other pertinent regulations that the Planning
and Environmental Commission deems applicable. Due consideratian
shall be given to the recammendations made by public agencies, utility
companies and other agencies consulted under subsection 13-3-3C. The
Planning and Environmental Commission shall review the application and
consider its appropriateness in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity and
compatibility with the surrounding land uses and other applicable
documents, effects on the aesthetrbs of the Town.
The Specific Purpose of lhe Subdivision Regulations is as follows:
1. To inform each subdivider of the standards and crileria by which development
proposals will be evaluated, and lo provide information as to the type and extent of
improvements required.
Staff Besponse:
2. To provide for the subdivision of property in the future without conflict wilh
development on adjacent land.
Staff Besponse:
3. To protect and conserve the value of land throughout the Municipality and the value
of buildings and improvements on the land.
Staft Response:
4. To ensure that subdivision of property is in compliance with the Town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among land
uses, consistent with Town development objectives.
Staft Response:
5. To guide public and private policy and action in order lo provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and
other public requirements and facilities and generally to provide that public facilities
will have sufficient capacity to serve the proposed subdivision.
Staft Besponse:
6. To provide for accurate legal descriptions of newly subdivided land and to establish
reasonable and desirable construction design standards and procedures.
Staff Besponse:
7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage
facilities, to safeguard the water table and to encourage the wise use and
management of natural resources throughout the Town in order to preserve the
integrity, stability and beauty ol the community and the value of the land.
Staff Response:
VI. REZONING CRITERIA
The Planning & Environmental Commission shall make the following findings before
recommending approval of a zone change request:
1) ls the existing zoning suitable with the existing land use on the site and adjacent land
uses?
Staff Response:
2) ls the amendment preventing a convenient workable relationship with land uses
consistent with municipal objectives?
Staft Response:
3) Does the rezoning provide for the groMh of an orderly viable community?
Staff Response:
4) ls the change consistent with the Land Use Plan?
Staff Response:
Chapter ll of the Vail Land Use Plan outlines numerous goals and policies for the
development of land in the Town. The goals and policies reflect the desires of the
community as expressed during a series of public meetings that were held throughout
the development of the plan (1990). These goals are to be used as adopted policy
guidelines in the review process of new development proposals.
The following is a list of goals and policies of the Land Use Plan staff believes are
relevant to the proposed minor subdivision and rezoning requests:
General Growth/Development 1,1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor
and the permanent resident.1.2 The quality of the environment including air, water, and other natural resources
should be protected as the Town grows.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
1.12 Vail should accommodate most of the additional growth in existing developed
areas (infill).
-Skier/Tourist Concerns 2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
Residential 5.1 Addilional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.5.2 Affordable employee housing should be made available through private efforts,
assisted by limited incenlives, provided by the Town of Vail, with appropriate
restrictions.5-4 Residential groMh should keep pace with the market place demands for a full
range of housing types.
0B/22/00 TtlE 09:56 FAX
.Aug-22-OO 09: 25A
r 707 78s 1965 STEITARTS @oo2
P-Ol clrado speaker.s sureau j ore otoa
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PUBLIG PENTION
we request ulat the Vall Town C-ouncil and Planning and Envitonmental
Commissirrn deny the applicaUon of Developer, Henry -lay Trhimer, and
hpefty Owner, the Wllson Family Trust to suMivide Lot 15 and re:one lot 16'
Blghorn, 2* Addition, from Open Space to Primary/Secondary Development.
1) Wfrereas, Ure Vail Open Lands Plan has designated lot 16 as in Parcel 41, the
"Hlghest fridy'In the preservaUon of open sface in Vail;
2) Whereas, t!rc Vait Open Lands Ptan slafts its objective "ls b protect nab.!61l,
open sFce and Feserve the'mountain experience'."
3) y/her€as, tfie Va[ Open Lands Ptan shtes *lat the Plan proEcts open sPaaes
which provide a "recreational, envinonmenbl, and Vsual resourc€"-
THEREFOR.E, WFVIGOR.OUSLY OEIECTTO TIIE S{'BDTVISTON OF tOT
1.5 AND THE REZONING OF LIOT 16 FR,OM OPETI SPACE TO
PRTHARY/ SECOXDARY llOUSrNG.
The Undersigned:
Printed Name Address Signature DaE
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tu 9w,9173 \/6i1, C'o a3/ o?>
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PI.,'BLIC PETITION
We request that the VailTown Council and Planning and Fnvironmental
Commission deny the application of Developer, Henry Jay Tschimer, and
Property Owner, the Wilson Family Trust to subdivide Lot 15 and rezone Lot 1O
Bighorn, 2* Addition, from Open Space to Primary/Secondary Development.
1) Whereas, the Vail Open Lands Flan has designated lot 16 as in Parcel 41, the
"Highest Priorit/'in the preservation of open space in Vail;
2) Whereas, the Vail Open l-ands Plan states its objective "is to protect natural,
open space and preserve the'mountain experience'."
3) Whereas, the Vail Open Lands Plan sbtes that the Plan protecG open spaces
which provide a "recreational, environmental, and visualresource".
THEREFORE, WE VIGOROUSLYOBTECTTO THE SUBDIWSTON OF LOT
15 AND THE REZONING OF LOT 16 FROM OPEN SPACE TO
PRIMARY/SECONDARY HOUSING.
The Undersigned:
Printed Name Address Signature
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Dear Galen,
As Chairman of the Planning and Environmental Commission, there are two
requests that we East Vail residents have pertaining to the August 28s meeting.
1) We would like 3 minutes per family to present our views.
2) We would appreciate a question and answer time.
3) We would like to submit the attached example petition on Monday as we
would like to accumulate the signatures of our weekend residents.
Thank you for your consideration. we are having a meeting saturday morning
in East vail. If you have any direction it would also be appreciated. please call
Bill Stewart at 476-4316.
Sincerely,
concerned East vail Residents Cb . ,* er\ .
PUtsLIC PETITION
we rcguest that the vailTown counciland Planning and Environmental
Commisson deny the application of Developer, Henry lay Tschimer, and
Property Owner, the Wilson Family Trust to subdivirJe Lot 15 and rezone Lot 16,
gighom, 2d Addition, from Open Space to Primary/Secondary Devdopment.
1) Whereas, ttre Vail Open Lands Plan has designated lot 16.as in Parrel 41, il€
"Hbhest Priority" in the preservatron of open space in Viil;
2) Vt/hefi the V;ail Open Lands Plan states ib obiective "is to probct nahlral,
open sre and preserue the'mountain experience''"
3) Wtrereas, the Vail Open Lands Plan states that the Plan potecb open spaces ' whkh provide a "recreational, envirorunental, and visual resource".
THEREFORE WE VTGOROUSLY OAIIET TO TllE SllBDtYrSrON OF LOT
15 AT{D THE R,EZOI{ING OF LOT 16 FROH OPEI{ SPACE TO
PRIIIIARY/ SECO]I DARY HOUSITIG.
The Undersigned:
Printed Name Addrcss S(tnahrre
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August 14, 2000
Doug Cahill
Planning and Environmental Commission
Municipal Bldg.
75 S. Frontage Fload
Vail, CO 81657
Dear Mr. Cahill:
You are probably aware that the Vail Planning and Environmental Commission
meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the
Bighorn 2d addition in East Vail. These lots are directly below the waterfallon Lupine
Drive. As you know, the waterlall is one of the more scenic atiractions in the Vail
Valley, visual lrom l-70, Bighorn Road and Lupine Drive. Hundreds of people every
year stop on Lupine Drive to photo the falls or climb to its base.
Lot 16 is currently zoned open space / agricultural, and the applicants proposal
is to change the classilication and re-plat the two lots to allow the construction of four
housing units, which would etfectively block the view of the falls. In addition, the area
is classified by the Town as being within a high hazard zone lor rock falls, snow slides,
and mudslides. Any construction to mitigate these hazards would almost certainly
affect the adjacent property owners. Also, drainage from the falls creates a wetlands
issue on the two lots.
In view of the Town's commitment to open space, there would seem to be no
valid reason to change the zoning of lot 16 to allow construction of housing units.
I urge you to become involved in this issue so that a decision is made that is in the best
interest of the Town of Vail and its visitors.
Signed,
| '7 -'z--t ,'l il tl /l
/ I W( ltt /uvua'tt'ta
'l
Neil Muncaster
RECDAUG2T2OOO
August 14, 2000
Diane Golden
Planning and Environmental Commission
Municipal Bldg.
75 S. Frontage Road
Vail, CO 81657
Dear Ms Golden:
You are probably aware that the Vail Planning and Environmental Commission
meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the
Bighorn 2d addilion in East Vail. These lots are directly bdow the waterfall on Lupine
Drive. As you know, the waterfall is one of the more scenic attractions in the Vail
Valley, visual from l-70, Bighorn Road and Lupine Drive. Hundreds of people every
year stop on Lupine Drive to photo the falls or climb to its base.
Lot 16 is currently zoned open space / agricultural, and the applieants proposal
is to change the classification and re-plat the lwo lots to allow the construction ol four
housing units, which would effectively block the view of the falls. ln addition, the area
is classified by the Town as being within a high hazard zone for rock falls, snow slides,
and mudslides. Any construction to mitigate these hazards would almost certainly
atfect the adjacent property owners. Also, drainage from the falls creates a wetlands
issue on the two lots.
In view of the Town's commitment to open space, there would seem to be no
valid reason to change the zoning of lot 16 to allow construetion of housing units.
I urge you to become involved in this issue so that a decision is made that is in the best
interest of the Town of Vail and its visilors.
Signed,
, 4- rt ,l rl ---..----'f/otfV/uw[e4tq
Neil Muncaster
P€CDAUGz82OOO
Planning and Environmental Commission
Town of Vail
August 21, 2000
Dear Commissioners Aasland, Doyon,, Scholfield, Golden, Cahill, Bemhardt and
Weber:
We object to the rezoning of Lot 16 and the SuMivision of Lot 15. We are
adjacent property owners. We ask you to deny the applications in front of you
on the 28u of August. A vote yes is a desecration of open space in Vail. George
Ruther's semantics on Open Space are null and void. Open Space is open space
regardless of who owns it.
Please consider:
1) This was downzoned more that twenty years ago at the request of the
current owner, Martha Wilson and the Wilson Family, The taxes paid on Lot
16 are $134/year. The application for the initial downzoning is attached. It
states "This is the waterfall area in Bighom and the lot is right on the slide
area". Hopefully this is not a case of tax fraud, but then what is it?
2) Aft Mears states in the letter attached datd 916179 that "building be avoided
on Lots 15 and 16." The Wilsons'and Mears negotiated the downzoning
25 years ago and now are asking for upzoning? Has the hazard changed?
Or the money? And can you make a decision on only one paid consultant?
3) According to the Vail Open Lands Plan Lot 16 is the "highest priority" for
preservation. George Ruther entered negotiaUons with the Wilsons and made
an ofter. We request disclosure on the offer and the terms invofued in
Ruthe/s cunent negotiaUons. We believe that the Town of Vail has an
obligation to fulfill the provisions of the Open Lands Plan.
4) According to Town of Vail Hazard Regulations any development must prove
without a doubt that there is "not (an) increase in the hazard to other
properties and structures" before a suMivision is approved. We have not
been satisfied that there is any work done concerning the safety of our
property and famif.
5) This is a severe geological hazard and geographically sensitive area with
avalanche danger, rock slides, debris, wetlands protected by the Clean Water
Act of t972. The Town Hazard regulaUons require that there is "clear and
convincing evidence" that the property should not be considered
geographically sensitive. Since only the developer has provided data, by the
same engineer with a different story every twenty years we do not consider it
accurate nor obviousty objective, and do not think a legal interpretation
would be that the geologic report is in any way "cl@r and convincing
evidence".
5) We spent hundreds of thousands of dollars upgrading our home and views
per town hazard reports and are shocked that the repofts could be changed
on the whim of Community Development.
Page Two
August 2I,2400
Dulude/Sim Comment
As you review these applications please also consider:
(a) Requesting a bond as specified in 72-27-tT "Requirement of Bond" for
$50,000 to "ensure that the reports and requirements are completed and
compiled."
(b) ReguesUng disclosure on "intent" from the Town of Vail Community
Development, the Developer, Jay Tschirner, the Owner, the Wilson Family
Trust, and the Broker, Jo Ellen Nash.
Thank you for your consideration and please vote no on the applications noted
above.
Sincerely,
It^a,', *)Ur* S,,^,^
Claudia Dulude & Dalton Sim W
3916 Lupine Dr., Vail, C0
PSr Please note as we file this letter on B/25l00 at noon that we have not been
notified as to the recommendation of Community Development and have not
been provided time to respond.
ARTHUR I. MEARS, P.E.
NAIURAL HAZAROS CONSUTTANT
Z Eor'l Gothic Av.^ua
Gunniron, Colo.odo SlzI)
(9,) 6ar.3ub
l-', tn
Septernber 6, L9?9
l,4r. Hillis Akin
tsox JJOZ
Sncwnass Sesor!, CC 8:.6i'5
Dear i{r . Akin:
At your request I ccnducteo a qrelininary fi-eid' appraisal of the snow
avalanche hzzard io tcts 15@
on SeFrenber 5, 19?9. ThesEtwo iots are affected by design-ma4nituCe
aval-anches j-n the 'nr'laterfall- " avalanche pa.th and are included in an ava-
lanche influence zone by the Town of Vail , As a resul-L of rny inspection
I cffer the folfcw:ng gcneral corunents regarding the Waterfal-i avalatrhhe
ani' the eflects of th:-s avaianche to Lots 15 and 15' l{owever, these conmenis
should be considered to be tenLaiive and possibly subject to revision in
the event that a debailed s+-udy of the avalanche is conducted '
&e-!e!sgell4Jele4-ee D'r:ing very severe and inireque:: t ccnniti ons 1.arge d:y s] eb ava'l ancnes wilL
lelease f:'cn large 6:.eep areas 6eneraliy abo ve 10'200 feet elevation in
lhe .rpper por--Lons of Lhe avalaltche parh, ;rnd will- f'ow down the in'-erni L-
tend strean ccurse that pro<iuces the waLerfali. A pcrtion cf tlle avalanche
nass wiLl slop above the cliff bands in lhe fcrest, but a portion will aiso
lal f cver t:e clijfs, entrain ai:, and probably reach Gore C:'eek. Nearly
all of Lot 15 and the eastern pcrti-on cf i,o-" 1j wlil be cover:ed by such an
avalarche. The resul, ting impact pressures, although not computed tlrro ugh
a ccnsideration of thc avalanche dynamj-cs, tlould. most 1i kefy be well in
excess of those for which buiidings are usually deslgned., and nay place
Lc+- 16 en'ui-rely wi. thin a "hi-gh hazard. zone."
lrlet snow avalanchcs will- also occur and ulfl aff ect l,o'" 76, but because of
+,heir lesser velocilies can be defiecteC to the west +.o -affect the Hestern
porlicn of Lot 1J, Thus major avalanches wilr probabiy affect ai1 of Lot
15 and most of Lot 1J.
Reconnendations
I concur rith the ValI avalan che zonlng nap and recorunend that buiLd.ing be
desren€d buildla e oi
6G;nina{ rithout a etailed study of the av:l a11she topograph --J I
be
lle appreciate lhe fact
in your assesstiieni of
you in the future.
you have consid.crcd-
prape.rty a:rd. ho pe to
po Lential avalanche ha zarC.
have the chance to Hcrk wiLh
Slncerely,
Qel* 4 \t^'trBo',e
Arthu: i. llears, PE
that
Avolonchc Dynornis. Dobnsr. zoning a llountoirl lorrlnl Anoly!'. a SloF Slobiliry
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August 24,2000
Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Members of the Commission.
Mrs. Stevenson and I are homeowners residing at 39878 Lupine
Dr. for the last nine years. We have been advised by public notice
of the application to rezone and subdivide Lots 15 and 16 located
at 3886/3896 Lupine Dr.
We want to urge you to reject this application. This property is in a
high hazard zone for rock falls, snow slides and mud slides. In
addition, it is our understanding that part of this property falls
within the red zone and other parts in the blue zone.It is not
apparent to us that even with mitigation that such large units could
be built without effecting us and other property owners. We also
believe that there could be a wetlands issue resultins from drainase
from the falls.
We would also appeal to the commission on the broader issue of
maintaining your commitment to open space. This area is one of
the most scenic visual sites within Vail and is enjoyed by many
hundreds of residents and visitors for photography and hikes to the
base of the falls. Allowing a rezoning and reconfiguration to build
two monstrous primary/secondary structures blocking this pristine
view seems unnecessary and not in the spirit of supporting an open
space obligation.
This position is supported by many other Vail residents who may
not have written to you on this matter. We are convinced that this
request is not in the best interests of the TOV or its residents and
once again request the application being denied.
Sincerely,
Mark Stevenson Maureen Stevenson
Cc: George Ruther
A = 8'49 48"
R = 324.76'I = 25.07'
L = 50.05'
CB = N37'48'38"w
CH - 5o.OO'SURVEY NOTES:
l) Su.ay D6r. Jury 12, ?O00
2) Locotron ol hprovomenls, Lol lh€s, EuLldlnE E.v.rope ond Eoscm€ils or! boscd !t6n the fi^or Pot al Bighorn Slbd llslon Se.ond Adlltion ond Surv.y Monam.nts
r6!^d 6r. lhc tim. oi lhis survey os shown here... lhis Surv.t do.s no! con.tilut.
o bo,ndor' sr.v.t 60r ony i.vesligolion nlo record .osem..ls o. ...!mhro^c.s
osrocioid a lh thi. O.6pdty.
) ELEVAIION DAIUM: 6al1-6 lor lh. top ot th. i l/2' oruminuh cop o. r.bor.
llomped Pp-l14'os lhorn h.reon ln lhe nofth.fly potlon ol Lot 16 ncor Llpln.
Dfiv. bo&d o. To*n ol Voir oq.1o photog.ophy ond v.rrl.ol dolu6 NAo 68.
a) CONToUR TNIERVAL: ?.foot
5) Ulirili.3 or. showo opp,oxifrot.rt ond rhould b. licrd v..rli.d prio. to .rcovot,on.
6) M.'er tond SFt6ns do.s ^ol wodo.t 6r c.rrify 16 th. i^t.grity oI ony Digilor
0olo slopli.d in coniloclon *ilh lhis mdp and slrvey
7) SrRttI A0DRE55: 3na6 & 36EO Lopin. oriv. (.ot posicd).
8) Rcd Zon! d^d 8ru. Z6ne or.oi d.siqnaie georogicol fo.ord mopping dnol)di! rhis
n.ro.holion *o3 is ho3ed on th. r.p6rl done by a.thu. I. Mso's. dol.d Moy, 2000
9) li/elld.d! o..lFi! *cs done by uoniqnc tnvnonrertor Solrtionr, lld in th! or.o o' toeog.ophic covc.oq. No *ctro.d! r... l6<oted ih. no4hsly porlron oi
tooog.ophic cuvcroge Monlo^. nol.d pol.nlidl lor *ctro.dF in th. soutr6osl corn.r
ro) Ihere orc no 3roper g..ot.r thon 40U withn the o,eo of i6p.qr.phc coveroq.. i
/
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ErcHonN suSDlvtsloN
SECOND ADDNION
ROCORDED JUTY 22. 1965
MAP CASo 2, DRAI|ER NO. )OO(,
REC. NO. 9?704 /
A = 10'35'10"
R - 324.76'
T - 3o.o9'
L = 60.00'
cB - N2606'09"w
cH = 59.92'
8'NCHMARX tL!\,lloN 64116 roa
r{)D oF fou D MON!'/cN1 r r/2- ALUMTNI M CAP ON
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BIGIIORN SUADIVISION
SECOND ADDITION
RECORDED JULY ?2. 1965 u P c^sE 2, DRArfER NO
'oo(,R8C. NO 9?704
/q I-OT t1, BIGHONN SUADIVISION SECOND AIDITION
RTCORDTD JULY 22. 1965 aoox 563 PAGE 6tO. REC N0 A??o,t
JUL Y 26, 2OAA
UNI1ED SIATES OF AUERICA llHnn RIVER NtTloNAl, flOREsl uJtoP
9tttl6l
SITT PN-,AIN
AND TOPOGRAPHIC N4AP.
BIGHORN SI]BDIVISION
Town of Vail. State
LOT 15
SECONT)
of Colorado
& LOT 16
ADDITTON
]2. ACCFSS T.ASEMENT IO BE
DI-DIOA I FD IO THf rowN oF v^lt
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SITN PLAN
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BIGHORN SUBDIVTSION SECOND ADDITION To'tr .l vnll, Stir. .r Coto'ldo
MI,S
MEYNR L,AND SYSTF]MS
Profes.tonal Land Su.vey!
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Eaglo, Colorado 8l0gl
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PLANNI NG AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING SCHEDULE
Monday, September 25, 2000
PRoJEcr ORIENTATION / - community Devetopment Dept. puBLlc wELcoME 12:00 pm
MEMBERS PRESENT
Site Visits :
MEMBERS ABSENT
'l:0O pm
1. Lots 15 & 16 - 3886/3896 Lupine Drive 2. Hockey facility - 1778 VaiI Valley Drive 3. Austria Haus - 242 E. Meadow Drive
Driver: George
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a.'--l rrft ll-|lE_/lt
NOTE: lf the PEC hearing enends until 6.00 p.m., the board may break for dinner from 6:00 - 6.30 p.m.
Public Hearinq - Town Council Chambers 2:00 p.m.
1. A request for a rezoning (from Outdoor Recreation to General Use), a minor subdivision and
a conditional use permit, to allow for the construction of a seasonal ice hockey rink at the
Vail Golf Course, located at 1778 Vail Valley Drive / Lot 3, Sunburst Filing 3.
Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson
2. A request for a final review for a minor subdivision to allow for the reconfiguration and
replatting of two existing lots and the rezoning of Lot 16, Bighorn 2no Addition, from
Agricultural & Open Space to Two-Family Primary/Secondary Residential, and the rezoning
of Tract A to Natural Area Preservation District, located at 3886/3896 Lupine Drive/Lots 15 &
16, Bighorn 2nd Addition.
Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development,
LLC Planner: George Ruther
3. A request for a final review for a major subdivision and variance from Section 12-68-5
(Minimum Lot Frontage) of the Town Code, to allow for the subdivision of Lot 8 into Lots 8A
& 88, located at 1467 Aspen Grove Lane/Lot 8, Block 2, Lion's Ridge Subdivision Filing 4.
Applicant: Robert Selby, represented by Braun Associates, Inc.Planner: Allison Ochs
4. A request for a minor amendment to an approved development plan (SDD #35), to allow for
a reduction in the number of parking spaces (and the conversion of these spaces into
common storage) at the Austria Haus parking garage, located at 242 East Meadow Drive/A
part of Tract C, Vail Village 1"' Filing.
Applicant: Austria Haus Condo Association Planner: George Ruther
5. A requesl for a recommendation by the Planning and Environmental Commission on a
proposed amendmenl to the Donovan Park Master Plan, generally located at the intersection
of Matterhorn Circle and the South Frontage Road.
Applicant: Town of Vail, represented by Odell Architects, P.C.Planner: Geonge Ruther
6. A request for a conditional use permit, to allow for a multiple-family unit on the first floor in
the LMU-1 Zone District, located at 380 E. Lionshead Circle, Unit 110 (Lodge at
Lionshead)/Lot 7, Block 1, Vail Lionshead l"tFiling.
Applicant: ShacklefordProperties,lnc.Planner: Bill Gibson
WITHDRAWN
7. Approval of August 2E, 2000 minutes and September 1 1, 2000 minuies
8. Information Update
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request Wth 24 hour notification. Please call 479-2356, Telephone for the
Heaflng lmpaired, for information.
Community Development Department
Published September 22. 2000 in the Vail Trail
St*o o,o\q
TO:
FROM:
DATE:
SUBJECT:
A\L
Planning and Environmental Commission
Community Development Department
Seplember 25. 2000
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A request for a final review of a minor subdivision to allow for the
reconfiguration and replatting of two existing lots and the rezoning of Lot
15, Bighorn Second Addition, from Two-Family Primary/Secondary
Residential to Single Family Residential, and Lot 16, Bighorn Second
Addition, from Agriculture & Open Space to Natural Area Preservation
District, located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighorn 2nd
Addition.
Wilson Family Trust, represented by Jay Tschirner, First
Land Development, LLC
George Ruther
MEMORANDUM
Applicant:
Planner:
DESCRIPTION OF THE REQUESTS
The applicant, the Wilson Family Trust, represented by Jay Tschimer, of First Land
Development , L.L.C., has submitted two development review applications to the Town of
Vail Community Development Department. The applications are for the resubdivision and
rezoning of two lots in East Vail.
A. MINOR SUBDIVISION
The applicant is proposing a minorsubdivision to resubdivide Lots 15 & 16 in the Bighorn
Subdivision, Second Addition. These lots are located at 3886 and 3896 Lupine Drive.
Lot 15 is cunently',l.92 acres in size and Lot 16 is currently 2.89 acres in size. The total
size of the area under consideration is 4.81 acres. The purpose of the minor subdivision
is to create two new lots (15A & 158), each approximately lz acre in size and to establish
Lot 16, a tract of land 3.8 acres in size, to be dedicated to a third party (i.e., TOV, USFS,
Eagle Valley Land Trust). The creation of the two reconfigured lots will be accomplished
by vacating the existing property line between the existing Lots 15 & 16 and replatting two
new property lines. A reduced copy of the proposed plat has been attached for
refe re n ce.
B.REZONING
The applicant is proposing to rezone the newly created Lots 15 A/B & 16, Bighom
Subdivision, Second Addition. According to the Official Town of Vail Zoning Map, Lot 15
is cunently zoned Two-Family PrimaryiSecondary Residential and Lot 16 is zoned
Agricultural & Open Space. The applicant is proposing to rezone the newly created Lots
15A & 158 to Single-Family Residential and to rezone the newly created, undevelopable
.{;.-U
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A.MrNoR sueotvrblonr
The Community Development Departmenl recommends approval of the request to
resubdivide Lots i5 & 16, Bighom Subdivision, Second Addition. Staff's recommendation
for approval is based upon the review of the criteria outlined in Section V of this
memorandum. Specifically, staff finds that the request complies with the applicable
criteria used in the evaluation of a minor subdivision request.
Should the Planning & Environmental Commission choose to approve the minor
subdivision request, staff recommends that the following conditions:
'1. That the applicant revises the plat, prior to recording with the Eagle County Cierk
& Recordef s Office, removing a{l portions of the Red Snow Avalanche hazard
area from Lots 15A and 15B.
2. That the applicant revises the plat, prior to recording with the Eagle Counly Clerk
& Recorder's Office, so that the total allowable GRFA for the combined area of
Lots 15A & Lot 158 does not exceed 7,933 sq ft. excluding credits"
While staff is recommending approval of the minor subdivision request, we believe another
option for the minor subdivision should be explored. Based upon input from the neighbors,
information provided by lhe Consulling Geologic Engineer, Arthur l. Mears, and feedback from
the Planning & Environmental Commission at the previous worksession, staff believes another
wey to resolve this land use issue exists. Another alternative to the cunent proposal is to
resubdivide the site into two lots rather than three. This option would simply recontigure the size
and shape of Lots15 & 16. Lot 15 would remain residentially zoned (Two-Family
PrimaryiSecondary Residential) with the ability to construct either one or two dwelling units. Lot
16 would remain as the area designated lo proteci and preserve the views io the waterfall, to
provide access to the waterfall and USFS land, and to provide open space within the
neighborhood. Furthermore, the creation of one lot rather than two for residential development
would cluster the development further insuring that the intent of the Zoning Regulations and
Hazard Regulations are met. Staff also believes that this alternative would be consistent with the
Town of Vail Comprehensive Open Lands Plan and the Vail Land Use Plan.
Should the Planning & Environmental find ihat this alternative wanants further evaluation and
consideration, staff recommends that the minor subdivision and rezoning requests be tabled until
October 9, 2000. The tabling will afford the applicant, neighbors and staff more time to evaluate
the alternative and present our findings to the Commission at their next meeting.
EI REZONING
The Community Development Department recommends approval of the request to
rezone Lots 15A & B and Lot 16, Bighorn Subdivision, Second Addition, to Single-Family
Residential and Natural Area Preservation. Staff's recommendation for approval is based
upon the review of the criteria for a rezoning as outlined in Section Vl of this
memorandum. Specifically, staff believes that the proposed rezoning request will result in
a more appropriate land use designation given the site consideration and that the
proposed zoning is compatible with the goals and intent of the Vail Land Use Plan.
Further, staff finds that the rezoning request and resulting development potential is
compatible and consistent with the existing and potential uses in the vicinity and the
Town of Vail Comprehensive Open Lands Plan.
III. BACKGROUND
The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of County
Commissioners of Eagle County approved the platting as the property was then under Eagle
County jurisdiction. Lots 't5 & 16 have remained in the current configuration since their original
platting.
The Bighorn Subdivision, Second Addition was annexed into the Town of Vail pursuant to
Ordinances 13 & 20, Series of '1974. The annexation became effective on November 5, 1974.
Upon annexation into the Town of Vail, Lots 15 & '16 were zoned Two Family Primary/Secondary
Residential. Lot 15 remains to be zoned Two-Family Primary/Secondary Residential. Lot 16 has
been rezoned.
In '1976, the Town of Vail contracted with Arthur l. Mears to complete a Geologically Sensitive
Areas Study. For purposes of the study geologically sensitive areas were defined as snow
avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study the Town of
Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components
of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977.
ln 1977, Lot 16, Bighorn Subdivision, Second Addition was rezoned. The lot was rezoned to
Agriculture & Open Space from Two-Family Primary/Secondary Residential. The request for the
rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson. According to the information
in the Town's file, the reason the rezoning was requested was because a restriction had been
placed on the warranty deed, dated September 1, 1972, prohibited habitable structures from
being built on Lot 16 fora period of twentyyears (September 1, 1992).
In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations is to help
protect the inhabiiants of the Town from dangers relating to development of flood plains,
avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land
areas which may be geologically sensitive; and further to regulate development on steep slopes;
to protect the economic and property values of the Town, to protect the aesthetic and
recreational values and natural resources of the Town, which are sometimes associated with
flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage
to public facilities and utilities and minimize the need for relief in cleanup operations; to give
notice to the public of certain areas within the Town where flood plains, avalanche paths and
areas of geologic sensitivity exist; and to promote the general public health, safety and welfare.
In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Similar to the Geologic
Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan.
According lo the Land Use Plan, Lots 15 & 16 are designated "low density residential". The
purpose of the low-density residential designation is to provide sites for single-family detached
homes ancl two-family dwelling units, Density of development with in this category would typically
not exceed 3 structures per buildable acre. Also within this area would be private recreation
facilities such as tennis courts, swimming pools, and club houses for the use of residents of the
area. Institutional/public uses permitted would include churches, fire stations, and parks and
open space related facilities.
ln 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The objectives of
the plan are:
r To identify citizen and visitor needs and preferences for a comprehensive system of
open space uses such as parks, recreation, protection of environmental resources,
trails, and to reserve lands for public use;r To prioritize available open lands for acquisition or protection;
r To identify creative strategies io implement the acquisition and protection program;r To define a management system to appropriately manage Town-owned open space
lands. and:r To buffer neighborhoods with open space.
The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of
land that require some kind of action either for protection of sensitive lands, for trail easements,
or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on
which actions are recommended, The recommendations were developed utitizing specific
criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if
they met the stated objectives of the Town and its citizens and were an integral part of the open
lands system. Within the 51 parcels, there are five priority areas made up of a number of
recommended actions. These priorities are:
r Protect sensitive natural habitai areas, riparian areas, and hazard areas;. Extend lhe Vail Trail to East Vail and add several trailheads to access the trail;r Add a new trail on the north side and western half of Town to connect existing
trailheads and neighborhoods;
r Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail opportunities and provide better access to Gore Creek;r Add bike lanes to the north and south frontage roads and add paved shoulders to Vail
Valley Drive.
To date, the Town of Vail has taken action on over 40 of the 51 Darcels identified for action in the
Plan.
The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot 16,
Bighorm Subdivision, Second Addition as "Parcel 41" for implementalion purposes- Parcel 41 is
classifled as a "High Priority", The high priority classification is based upon the Town's desire to
acquire both the development rights and trail easements for the proposed South Trail extension.
The plan also notes lhat Parcel 41 is located in a geologically sensitive area. Strategies for
protecting Parcel 41 include acquisition through a fee simple purchase, purchasing the
development rights, and/or acquiring an access easement through the parcel.
As a high priority classification, Parcel 41 meets both Level One and Level Two Evaluation
criteria. Level One Evaluation focuses on meeting community needs relating to the natural
resource system, the recreation system, trails system, and reserving lands for future civic/public
uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the
threat of development or irreversible damage, opportunities to leverage other funds, cost,
unusual opportunity with a motivated seller, opportunity for trade with the USFS, low
management requirements on the Town of Vail and low liability to the Town
In 1995, the Town of Vail Community Development Department sent correspondence to the
owner of Parcel 41 (Lot 16). The purpose of the letter was to gauge the level of interest of the
property owner to sell Parcel 41 to the Town of Vail. The property owner expressed no interesl
and no further communications have taken place. The Town of Vail has never made a formal
written offer to ourchase Parcel 41.
Research into the Town of Vail Zoning Map indicates that there are twenty properties in the Town
of Vail zoned Agricultural & Open Space. Of these iwenty properties seven are privately owned.
The other thirteen properties are either publicly owned (TOV/USFS), owned by Vail Associates
and restricted as dedicated open space as part of the original subdivision, or owned in common
by a homeowne/s association and restricted as dedicated open space. Of the seven privately
owned properties, three are legally platted subdivisions. One of the legally platted properties is
Lot 16.
The Town of Vail Zoning Code prescribes the land development regulations for development
within the Town. The following code sections are particularly relevant to the evaluation of the
applicant's proposal.
Chapter 6 - Single-Family Residential
Chapter 6 - Two-Family PrimaryiSecondary Residential
Chapter 8 - Agricultural & Open Space
Chapter 21 - Hazard Regulations
Copies of each of the code sections listed above have been attached for reference.
At the Planning & Environmental Commission worksession meeting on August 28, 2000,
discussion arose regarding the development history of Lot 1'l , Bighom Subdivision, Second
Addition. Lot 11 is generally located to the north and west of Lots 15 & 16. The following is a
summary of the information contained in the Town's files:
. There are three geologic hazard analysis reports in the file. Each report identifies the same
geologic hazards on the site; high severity rock fall, debris flow, and blue snow avalanche.
All three of the reports suggest possible and potential hazard mitigation measures; earth-built
structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall
protruding at least six feet above finish grade and "splitting wedges".
. A variance application for an avalanche mitigation wall was submitted to the Town of Vail. On
May 10, 1982, the Planning & Environmental Commission held a public hearing to evaluate
the variance request. The Commission's primary concem with the proposed mitigation wall
was the potential negative impacts it may have on the adjoining lots. The Commission
requested that a site-specific avalanche flow path study be completed. A study was never
completed and the applicant subsequenfly withdrew the request.
IV. ZONING ANALYSIS
The purpose of the Zoning Analysis is to provide a written comparison of the existing
development rights of Lots 15 & 16. The analysis also provides a comparison of the lot sizes,
allowable GRFA, and geologic hazards associated with other properties in lhe same
neighborhood.
LOT I5, BIGHORN SUBDIVISION, SECOND ADDITION
EXrSTll'tG PROPOSED
(Two Family Primary/Secondary Residential) (Single-Family Residential)
Lot Size: 83,653 sq. ft. 15A 20,354 sq. ft.158 22,683 sq.ft.
Density: 2 DU + 1 Type ll EHU 'l DU + 1 Type ll EHU/Lot
GRFA: 7,933 sq. ft. + 500 sq. ft. (EHU) 15A 4,335 sq. fi. + S00 sq. ft. EHU 158 4,568 sq. ft. + 500 sq. ft. EHU
Site Coverage: 16,731 sq. ft. 1SA 4,070 sq. ft.(2OYo) 158 4,537 sq. ft.
Setbacks: Front -20 ft. Same
Sides-15 ft
Rear- 15ft.
Landscape Area: 50,192 sq. ft. 15A 12,2'12 sq. ft.(60%) 158 13,610 sq. ft.
Building Height: 33'maximum Same
NOTE: The existing Lot 15 is significantly encumbered by the Red Snow Avatanche hazard rendering much
ofthe lot undevelopable. The buildable atea of Lot 15 is approximately 1,100sq. ft.
LOT I6, BIGHORN $UBDIVISION, SECOND ADDITION
EXISTING PROPOSED
(Agriculture & Open Space) (Natural Area Preservation)
Lot Size: 125,797 sq. ft. 166,395 sq. ft.
Density: 1 DU + 1 Type ll EHU 0 DU
GRFA: 2,000 sq. ft. + 500 sq. ft. (EHU) 0
Site Coverage: 6,289 sq. ft. 0
(5%)
V.
Setbacks:Front -20 ft.
Sides-15 ft.
Rear- 15ft.
N/A
Landscape Area: N/A Same
0 Building Height:33'maximum
NOTE: The Natural Area Preservation Zone District has no development potential with the exception of
parking areas, equestrian trails accessing the USFS kail system, Interpretative nature walks, paveo ano
unpaved bicycle and pedestrian paths, picnic tables and informal seaiing areas.
MINOR SUBDIVISION CRITERIA
A basic premise of subdivision regulations is that the minimum standards for the creation
of a new lot(s) must be met. This subdivision will be reviewed under Title 13, Subdivision
Regulations, of the Town of Vail Code.
A. The first set of criteria to be considered by the Planning and Environmental
Commission for a Minor Subdivision application is:
Lot Area: According to Section 12-68-5 of the Town of Vail Zoning Regulations,
the minimum lot or site size in the Single-Family Residential District is12,500 sq.
ft. of buildable area. There is no minimum lot size for the Natural Area
Preservation District.
Staff Response: Each of the proposed lots (15A, 158, 16) comply with the
minimum lot area requiremenls of the respective zone districts
Frontage: According to Section 12-68-5 of the Town of Vail Regulations, each lot
in the Single-Family Residential District shall have a minimum of 30 feet of street
frontage. There is no minimum street frontage requirement for the Natural Area
Preservation District.
Sfaff Response.' Each of the proposed lots (1 5A, 1 58, 1 6) comply with the
minimum frontage requirements. This is a change from the original application.
The applicant is now proposing to establish street frontage for Lot 16. Previously,
the applicant had proposed a 121oot access easement for accessing the waterfall
area.
Dimension: According to Section 12-68-5 of the Town of Vail Regulations, each
lot in the Single-Family Residential District shall be of a size and shape capable of
enclosing a square area 80 feet on each side within its boundaries. There are no
size and shape requirements in the Natural Area Preservation District.
Sfaff Response; The size and shape of Lots 15A & 158 comply with the minimum
size and shape requirements.
B. The second set of criteria to be considered with a Minor Subdivision application,
7
as outlined in the subdivision regulations, is:
The burden of proof shall rcst with the applicant to show that the
application is in compliance with the intent and purposes of this Chapter,
the Zoning Qdinance and other pertinent regulations that the ptanning
and Environmental Commission deems applicable. Due consideration shatl
be given to the recommendations made by public agencies, utility
companies and other agencr'es consu/fed undersubsection 1S-S-3C. The
Planning and Environmental Commission shall review the application and
consider its appropriateness in regard to Town policies relating to
subdivision conlrol, densffles proposed, regulations, ordinances and
resolutions and other applicable documents, envircnmental integity and
compatibility with the surrounding /and uses and other applicable
documents, effects on the aesthetics of the Town.
The Specific Purpose of the Subdivision Regulations is as follows:
1. To inform each subdivider of the standards and criteria by which development
proposals will be evaluated, and to provide information as to the type and extent of
improvements required.
Staff Response.' Staff has reviewed the minor subdivision for compliance with the
applicable evaluation criteria. Upon the completion of our review the staff finds that the
proposed resubdivision of Lots 15 & 16, Bighom Subdivision, Second Addition complies
with the subdivision criteria.
2. To provide for the subdivision of property in the future without conflict wiih
development on adjacent land.
SfaffResponse; The Vail Land Use Plan identifies Lots15 & 16 as areas for "low density
residential" development. According to the Vail Land Use Plan, the purpose of the "low
density residential" designation is to provide sites for singleJamily detached homes and
two-family dwelling units. The density of development within this category would typically
not exceed 3 structures per buildable acre. Buildable area is defined as that area of a lot
outside the 10O-year floodplain, red snow avalanche areas and slopes less than 40%.
Lots 15 & 16 are the last lots to be developed in the area. Over the years, the Bighorn
Subdivision, First and Second Additions have been developed in concert with the Vail
Land Use Plan as residential neighborhoods. The area has been zoned for single-family
and two-family primary/secondary residential development. A majority of the lots in the
two subdivisions, as well as within much of East Vail, are wiihin geologic hazard zones.
Of the twenty-nine lots most immediate to Lots 15 & 16, all are located within a geologic
hazard zone (high severity rockfall), twenty-four are impacted by snow avalanche hazard,
and twenty-one are influenced by debris flow hazards. Most importantly, however, all
development on these lots is governed by the adopied Hazard Regulations in the Town of
Vail Zoning Regulations.
3. To protect and conserve the value of land throughout the Municipaliiy and the value of
buildings and improvements on the land.
Sfal?Response: Staff does not believe that the minor subdivision of Lots i5 &16,
Bighom Subdivision. Second Addition will have any negative impacts on the value of land
in the Town of Vail. Further, with the implementation of the Hazard Regulations as stated
in the Vail Town Code, staff believes that the value of any buildings or improvements on
Lot 15A & B or the value of any existing or potential buildings or improvements in the
vicinity of the lots will be protected and conserved.
4. To ensure that subdivision of property is in compliance with the Town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among land
uses, consistent with Town development objectives.
Sfaff Response.'As previously discussed, the staff has completed an analysis of the
minor subdivision proposal and finds that the application complies with the Town's
ordinances. The proposed minor subdivision and subsequent use of Lots 15A & B for
residential development and the preservation of Lot 16 in a more restrictive configuration
and zoning designation insures that a harmonious, convenient and workable relationship
among existing and potential land uses will be achieved. Staff would recommend,
however, that the applicant amend the proposed lot lines for Lot 'l58 to remove all
portions of the Red Snow Avalanche area from the lot.
Staff believes that the minor subdivision furthers the development objectives of the Town.
One of the goals of subdivision regulations is to insure the reasonable and appropriate
development of land. Lots 'l 5 & 16 were originally subdivided in 1 963 under Eagle
County jurisdiction. In 1963, there were no regulations in place prohibiting the subdivision
of land in geologic hazard areas. Given the current regulations, it is likely that neither Lot
'l 5 or 16, nor most of the other lots in the Bighorn Subdivision, First and Second
Additions, could be platted today in the Town of Vail. Staff believes that this minor
subdivision request is an opportunity to improve the current platted situation and remove
those portions of existing Lot 15 & 16 impacted by geologic hazards from development
ootenlial.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and
other public requirements and facilities and generally to provide that public facilities
will have sufficient capacity to serve the proposed subdivision.
Sfaff Response.' The Town of Vail Comprehensive Open Lands Plan identifies a public
purpose and recreational need of Lot16 (Parcel 41), Bighorn Subdivision, Second
Addition. Staff finds that while the proposed minor subdivision does not convey all of the
existing Lot 16 to the Town of Vail, it does accomplish the goals and interests expressed
in the plan. The goal and interests expressed in the plan for Lot 16 are providing access
to the waterfall and adjoining public (USFS) land and restricting development in the red
snow avalanche area. The proposed subdivision, with the revised lot lines, establishes
fee simple ownership of a piece of land connecting to the public street. This piece of Lot
'16 will provide recreational access to the waterfall.
6. To provide for accurate legal descriptions of newly subdivided land and to establish
reasonable and desirable construction design standards and procedures.
Sfaff Response; The proposed minor subdivision plat has been prepared in accordance
with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds
that the applicant has complied with the above-described criteria.
7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage
facilities, to safeguard the water table and to encourage the wise use and
managemenl of natural resources throughout the Town in order to preserve the
integrity, stability and beauty of the community and the value of the land.
Sfaff Response; Staff believes the minor subdivision request complies with the above-
described criteria.
VI. REZONING CRITERIA
The Planning & Environmental Commission shall make the following findings before
recommending approval of a zone change request:
1) ls the existing zoning suitable with the existing land use on the site and adjacent land
uses?
Sfaff Response: Staff does not believe that existing zoning on Lots 15 & 16 is suitable
with the existing land use. Staff believes that a more appropriate zoning designation for
the majority of the site area is Natural Area Preservation. The portion of the site that is
currently zoned for development is the area that is most inappropriate for developmenl
(Lot 15). Staff does believe, however, thatthe existing and potential land uses
sunounding the site are appropriate and reasonable (residential) and in compliance with
the Vail Land Use Plan. Staff also believes that if the intent of the Comprehensive Open
Lands Plan, with regard to Parcel 41 (Lot16), is to preserve and protect the waterfall and
prevent residential development in the red snow avalanche area, then the proposed
rezoning accomplishes this goal. A visit to the site has determined that the waterfall is
located on Lot 15 not Lot 16. Staff believes that the most appropriate zoning designation
for the waterfall and immediate is Natural Area Preservation.
2) Is the amendment preventing a convenient workable relationship with land uses
consistent with municipal objectives?
Sfaff Response: Staff believes that the proposed amendment to rezone the two lots will
not prevent a convenient workable relationship with land uses consistent with municipal
objectives. The Vail Land Use Plan designates the two lots as "low density residential".
The Town of Vail Comprehensive Open Lands Plan identifies Parcel 41as a high priority
acquisition. Staff believes that when the goals of these two plans are combined and
looked at collectively, the minor subdivision and rezoning requests results in compliance
with the Town's development objectives.
3) Does the rezoning provide for the growth of an orderly viable community?
Staff Response; Staff believes that the rezoning request provides for the growth of an
orderly, viable community. One of the goals of the Vail Land Use Plan is to provide for
additional groMh in existing developed areas (infill). The sizes of the buildings that would
be permitted on Lots 15A & B would be consistent with the sizes of the existing homes in
the neighborhood. The average amount of allowable GRFA in the Bighorn Subdivision,
10
First and Second Filings, is approximately 6,667 sq. ft. The average lot size is nearly
28,000 sq. ft.
4) ls the change consislent with the Land Use Plan?
SfaffResponse:
Chapter ll of the Vail Land Use Plan outlines numerous goals and policies for the
development of land in the Town. The goals and policies feflect the desires of the
community as expressed during a series of public meetings that were held throughout the
development of the plan (1 990). These goals are to be used as adopted policy guidelines
in the review process of new development proposals.
The following is a list of goals and policies of the Land Use Plan staff believes are
relevant to the proposed minor subdivision and rezoning requests:
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 oermanent resident.1.2 The quality of the environment including air, water, and other natural resources
should be protected as the Town grows.
1.7 New subdivisions should not be permitted in high geologic hazard areas.1.12 Vail should accommodate most of the additional groMh in existing developed
areas (infill).
Skier/Tourist Concerns 2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
Residential
5.1 Additional residential growlh should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.5.2 Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
11
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Thursday, September 21, 2000
George Ruther, Chief of Planning
Town of Vail
Department of Community Development
75 Frontage Road
Vail, CO 81657
HAND CARRY
Re: Lots 15 and 16 Bighorn Subdivision, Second Addition
(3886 and 3896 Lupine Drive)
Dear George,
Thank you for your assistance. After listening to the concerns of our neighbors
and the comments of the commissioners that were expressed during our work
session on August 28, First Land Development, LLC is requesting the
consideration of our revised applications for minor subdivision and rezoning of
the above property for the following reasons:
1) Working together, we can seize a significant opportunity. Let's save Vail's
historic, landmark waterfall forfuture generations. First Land
Development, LLC hopes to preserve the proposed reconfiguration of Lot
16 as a Town of Vail(TOV) Park. We are prepared to convey through a
GOCO grant or conceivably donate (subject to legal and tax
consequences) approximately 3.83 acres (136% of the area of the existing
Lot 16) including one of the most beautiful waterfalls in Colorado. And,
with the inclusion of a 30 feet wide "flag pole" to Lupine Drive, provide the
deeded public access that this site has previously lacked. Rezoning will
protect Lot 16 with a more appropriate land use designation (Natural Area
Preservation District) and a deed restriction that will prohibit development.
The new lot lines will encompass the waterfall itself, which is currently
included within Lot 15, zoned P/S.
2) Rezoning the remaining portions of Lots 15 and 16to R (proposed:two
single family Lots 'l5A and 158) is consistent with the neighborhood. You
can find similar examples in the minor subdivisions of Lots 1A and 18,
Lots 2A and 28, Lots 4,A and 48 and Lots 5A and 58, within Block 1,
Bighorn Subdivision Addition 1. Proposed Lots 15A and 15B will be
completely within the "Blue Snow Avalanche Zone" similar to adjacent lots
which have been previously developed.
George Ruther, Page Two
Thursday, September 21, 2000
3) Building plans and intended improvements will meet all existing TOV
design guidelines. Particular attention has been paid to "hazard"
regulations. No variances are contemplated at this time. We are sensitive
to the concerns of our neighbors and will contlnue working with Art Mears
and Monroe and Newell Engineers, Inc. to assure our compliance with
acceptable standards for hazard mitigation.
4) TOV will receive exactly what the "Comprehensive Open Lands Plan"
envisions regarding "Parcel 41":. Access r Preservation . open Space
Conceivably, at no cost to TOV taxpayers.
George, as you know, land use regulations are a time honored mechanism for
providing incentives to private land owners for dedication of property for parks,
schools, fire stations and so forth. This request is tendered in the spirit of that
tradition.
Sincerely,
FIRST LAND DEVELOPMENT, LLC
i^\,,, .,.-tir,\ i - . n *-A ,&LU\ \\( Ylwrv.,-i\
Jdfrschirner, Manager
POB 2083
Edwards, CO 81632
cc: Charles Wilson
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BIGHORN SUBDIVISIONS
FIRST & SECOND ADDITIONS
BIGHORN SUBDIVISION
ADDITION 2
BIGHORN SUBDIVISION
ADDITION 1
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PUBLTG PETITION
we request urat u]e vail Town council and Planning and Environmental
Commission deny the application of Developer, Henry Jay Trhimer, and
hperty Ow't€f, the Wllson Family Trust to suMivide Lot 15 and rezone lot 16,
Blghorn, 2- Addition, from Open Space to Primary/Secondary Development.
1) Wfrereas, the Vail Open Lands Phn has designated lot 16 as in Parcel 41, the
"Hlghest Hsib/'In dre preservauon of open sPace in Vail;
2) Whefeas, the Vail Open Lands Plan staEs its objective "ls b protect nahlral/
open sFC€ ard pr€s€rve the'mountain qpe/ience'."
3) VJher€as, the ValI Open Lands Plan states t|at 8|e Plan proEds open spaces
which provide a "recrea6onat, environrnenbl, and visual resourc€''-
THEREFORE, WFVTGOROUSLY OBTECTTO TtlE SLrBDrYlsloN OF LOT
1,5 AND THE REZOtsII{G OF LOT 16 FROM OPEII SPACE TO
PRT HARY/ SECON D'TRY HOUSft G.
The Undersigned:
Printed Name Address Signature
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PUBLIC PETITION
We request that the VailTown Council and Planning and Environmental
Commission deny the applicaUon of Developer, Henry Jay Tschirner. and
Property Owner, the Wilson Family Trust to subdivide Lot 15 and rezone Lot 16,
Bighorn, 2no Addition, from Open Space to Primary/Secondary Development.
1) Whereas, the Vail Open Lands Flan has designated lot 16 as in Parcel 41, the *Hi,ghest Priority" in the preseruation of open space in Vail;
2) Whereas, the Vail Open Lands Plan states its objective "is to protect natural,
open space and preserue the'mountain experience'."
3) Whereas, the Vail Open Lands Plan states that the Plan protecb open spaces
which provide a "recreational, environmental, and visualresource".
THEREFORE, WE VIGOROUSLY OBTECT TO THE SUBDMSTOTU OF LOT
15 AND THE R"HZONING OF LOT 16 FROM OPEN SPACE TO
PRTMARY/SECONDARY HOUSTNG.
The Undersigned:
Printed Name Address Signature Date
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Dear Galen,
As Chairman of the Planning and Environmental Commission, there are two
requests that we East Vail residents have pertaining to the August 28s meeting.
1) We would like 3 minutes per family to present our views.
2) We would appreciate a question and answer time.
3) We would like to submit the attached example petition on Monday as we
would like to accumulate the signatures of our weekend residents.
Thank you for your consideration. We are having a meeting Saturday morning
in East Vail. If you have any directlon it would also be appreciated. please call
Bifl Stewart at 476-4316.
Sincerely,
concerned East vail Residents Cb - * pr\.
PUBLIC PETITION
We request that t}1e VailTown Council and Planning and Environmental
Commission deny the applkauon of Developer, Henry Jay Txhimer, and
Property Owner, tfn Wilson Family Trust to subdivirle Lot 15 and rezone Lot 16,
Eigtrom, 2d Addition, ftom open space to Primary/secondary Dq/elopment'
1) Whereas, the Vail Open Linds Plan has despnated lot l6as in Parcel 41, Sl€
"Highest Prlority" in the presenatbn of open space in V.ail;
Z1 Wffiil, tfie Vail Ope6 Lands Plan states its obiectiv-e"is to protect natural,
open sF and pres€rve the'mountain o{perience'."
3) Whereas, the Vail Open Lands Plan states hat the Plan proftec$ open spaces
whkh provide a'recreational, envirorurnntal, and visual rcsource".
THEREFORE, WC VTGOROUSLY OBI!Cf rO THE St BDTVTSTOII OF LOT
15 ATD THE REZOilIT{G OF LOT T6 FROI{ OPEil SPACE TO
PRIIIiARY/SECONDARY HOUSING.
The Undeaigned:
Printed Name Mdress S(lnahrre
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August 14, 2000
Doug Cahill
Planning and Environmental Commission
Municipal Bldg.
75 S. Frontage Road
Vail, CO 81657
Dear Mr. Cahill:
You are probably aware that the Vail Planning and Environmental Commission
meets August 28 to consider an application lo re-zone and re-plat lots 15 & 16 in the
Bighorn 2d addition in East Vail. These lots are directly below the waterfallon Lupine
Drive. As you know, the waterfall is one of the more scenic aiti'actions in the Vail
Valley, visual from l-70, Bighorn Road and Lupine Drive. Hundreds of people every
year stop on Lupine Drive to photo the falls or climb to its base.
Lot 16 is currently zoned open space / agricultural, and the applicants proposal
is to change the classification and re-plat the two lots to allow the construction of four
housing units, which would eflectively block the view of the falls. In addition, the area
is classilied by the Town as being within a high hazard zone for rock falls, snow slides,
and mudslides. Any construction to mitigate these hazards would almost certainly
affect the adjacent propeny owners. Also, drainage from the falls creates a wetlands
issue on the two lots.
In view ol the Town's commitment to open space, there would seem to be no
valid reason to change the zoning of lot 16 to allow construction of housing units.
I urge you to become involved in this issue so that a decision is made that is in the best
interest of the Town of Vail and its visitors.
Signed,
r.'l ',1 ,li .4-
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Neil Muncaster
RECD AUG 212000
August 14,2OOA
Diane Golden
Planning and Environmental Commission
Municipal Bldg.
75 S. Frontage Road
Vail. CO 81657
Dear Ms Golden:
You are probably aware that the Vail Planning and Environmental Commission
meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the
Bighorn 2d addition in East Vail. These lots are directly below the waterfall on Lupine
Drive. As you know, the watertall is one of the more scenic attractions in the Vail
Valley, visual lrom l-70, Bighorn Road and Lupine Drive. Hundreds of people every
year stop on Lupine Drive to photo the falls or climb to its base.
Lot 16 is currently zoned open space / agricultural, and the applicants proposal
is to change the classification and re-plat the two lots to allow the construction of tour
housing units, which would effectively block the view of the falls. In addition, the area
is classified by the Town as being within a high hazard zone lor rock falls, snow slides,
and mudslides. Any construction to mitigate these hazards would almost certainly
affect the adjacent property owners. Also, drainage from the falls creates a wetlands
issue on the two lots.
In view of the Town's commitment to open space, there would seem to be no
valid reason to change the zoning oJ lot 16 to allow construction ot housing units.
I urge you to become involved in this issue so that a decision is made that is in the best
interest of the Town of Vail and its visitors.
Signed,
(urrlr^^6--
Neil Muncaster
RE0D AUG 2}1rJAA
Planning and Environmental Commission
Town of Vail
August 21, 2000
Dear Commissioners Aasland, Doyon,, Scholfield, Golden, Cahill, Bernhardt and
Weber:
We object to the rezoning of Lot 16 and the SuMivision of Lot 15. We are
adjacent property owners. We ask you to deny the applications in front of you
on the 2Bh of August. A vote yes is a desecration of open space in Vail. George
Ruther's semantics on Open Space are null and void. Open Space is open space
regardless of who owns it.
Please consider:
1) This was downzoned more that twenty years ago at the request of the
current owner, Maftha Wilson and the Wilson Family. The taxes paid on Lot
16 are $134/year. The application for the initial downzoning is attached. It
states "This is the waterfall area in Bighom and the lot is right on the slide
area". Hopefully this is not a case of tax fraud, but then what is it?
2) Art Mears states in the letter attached datd 916179 that "building be avoided
on Lots 15 and 16." The Wilsons'and Mears negotiated the downzoning
25 years ago and now are asking for upzoning? Has the hazard changed?
Or the money? And can you make a decision on only one paid consultant?
3) According to the Vail Open Lands Plan Lot 16 is the "highest priority" for
preservation. George Ruther entered negotiations with the Wilsons and made
an offer. We request disclosure on the offer and the terms involved in
Ruthe/s current negoUaUons. We believe that the Town of Vail has an
obligation to fulfill the provisions of the Open Lands Plan.
4) According to Town of Vail Hazard RegulaUons any development must prove
without a doubt that there is "not (an) increase in the hazard to other
properties and structures" before a subdivision is approved. We have not
been satisfied that there is any work done concerning the safety of our
property and family.
5) This is a severe geological hazard and geographically sensitive area with
avalanche danger, rock slides, debris, weUands protected by the Clean Water
Act of 1972. The Town Hazard regulaUons require that there is "clear and
convincing eyidence" that the property should not be considered
geographically sensitive. Since only the developer has provided data, by the
same engineer with a different story every twenty years we do not consjder it
accurate nor obviously objective, and do not think a legal interpretation
would be that the geologic report is in any way *clear and convincing
eYidence".
6) We spent hundreds of thousands of dollars upgrading our home and views
per town hazard reports and are shocked that the reports could be changed
on the whim of Community Development.
Page Two
August 27,2000
Dulude/Sim Comment
As you review these applications please also consider:
(a) RequesUng a bond as specified in t2-21-LT "Requirement of Bond" for
$50,000 to "ensure that the reports and requirements are completed and
compiled."
(b) RequesUng disclosure on "intent" from the Town of Vail Community
Development the Developer, Jay Tschirner, the Owner, the Wilson Family
Trust, and the Broker, Jo Ellen Nash.
Thank you for your consideration and please vote no on the applications notred
above.
Sincerely,
0hlic,,.4)^*{F E*6 Claudia Dulude & Dalton Sim
3916 Lupine Dr., Vail, CO
PS: Please note as we file this letter on 8/25/00 at noon that we have not been
notified as to the recommendaUon of Community Development and have not
been provided time to respond.
ARTHUR I. MEARS, P.E.
NAIURAL HAZAROS CONSUIIANT
222 Eosr Gorhic Avrnur
Gunnrron. Cglorodg 8lm
(a]3)6at-q5
t-,| 1Q
Septerrber 5, L979
I'b. Hiilis Akin
Eax JJAZ
Snownass Feso!t, CA IJ.5i5
Dear i{r . Akrn;
At your iec-ucs*. T ccnduc'-ed a sreJin=r r:ary f :ei-d appraisai of the snow
avalanche haz.atd '"c Lcts t5 inc..1'4.. 3:g]rorn Sr"r'c i v' si':n '-Sr:-+rnC-Ad4il:94'on Sep-,ember 5, |,o79. ThesE ',.wo I o Ls a:-e affected by ciesign-na4ni tude
avalanches in the 'n aierfalL" ava.Lanche patuh and are inciuced in an ava-
Ianche infiuence zone by the Town of Vail-. As a result of rny inspection
I cffer the fol-lowrng general ccrmlen+-s regarding the Wa-"erfaLl avalar:f,he
anC the effects of this avalanche i.c LcLs lJ and 15, llcwever, these comnents
snoul-d be considered to be tenta+-i.re and possibly subiect to rerrision in
the event that a detailed s+"udy of the avafanche i-s conducted.
The H a+,erf a1l Atrqlelf_glg
During very severe and inf.reqr-Ien t condi:,i ons Large dry sl :b ava'. il:rches wi-1
:elease f:cn large st.eep areas generally abcve 10,200 feet elevation in
lhe upper por-.ions of the avalanche pa-.h, and w j-l-t flow iorin Lhe j,n+-er:lri +--
-.end strean course that produces the waterr-alL. A pcr'"ion of Lhe avalanche
nass wiLr stop above the clitj' bands in the forest, but a portion wiLl also
fall- over the cl Lffs, entrain ai:, ar:d. -crobably :each Core Creek. Nearly
all cf Lo'" 15 a:ld. "-he eastern po:rticn c:- i,ot 1j w:-l-i be ccvered by sr:ch a.'r
avalanche. The resulting impact pressures, although nct computed through
a considerati-on of the avalanche dynamics, would nost 1ike1y be vell in
excess of those fcr which bulldrngs are usuall-'r designed, a.1d nay place
j,o+. 15 entireiy wilhin a "high hazard zone."
I{et snow avalanchcs will also occur and will- affect l,ot 76, but because of
tl'reir iesser velocities can be defLected. tc the fies'r. ',c -ai'fect the weslern
pcr*-ion of Lc'" 1J. Thus najor a'ralanches t111 probabiy affec'" ai1 of Loi
16 and most of Lot Ij,
Flecomnendati-ons
I concur with the ValI avalanche zonj-ng map and recomnend that bui-1d"irrg be
o
e o', be ne
+i^
des;sned buildin
eternined wi thout eiailed- study of avaJ- arche topo6raphy artd dynanics.
lle appreciate lhe
in ycur assessinent
you in the future,
you have considcrcd.
lroper+,y a:rd. ho pe '-o
po-Lential avaLanche hazard
have the chance to work with
Sincerely,
OJI* 4.\tWa^a,
Ar+hrrr i Mo.?c Pn
fact that
Jinr Rubin
Avolonchc Dynomica. O.t.nt.. 2oning I Mountqin lorrcdt Aholy!.: a SloF Slobility
a
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August 24,2000
Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Members of the Commission.
Mrs. Stevenson and I are homeowners residing at 39878 Lupine
Dr. for the last nine years. We have been advised by public notice
of the application to rezone and subdivide Lots 15 and 1 6 located
at 3886/3896 Lupine Dr.
We want to urge you to reject this application. This properfy is in a
high hazard zone for rock falls, snow slides and mud slides. In
addition, it is our understanding that part of this property falls
within the red zone and other parts in the blue zone.It is not
apparent to us that even with mitigation that such large units could
be built without effecting us and other property ownsrs. We also
believe that there could be a wetlands issue resultins from drainase
from the falls.
We would also appeal to the commission on the broader issue of
maintaining your commitment to open space. This area is one of
the most scenic visual sites within Vail and is enjoyed by many
hundreds of residents and visitors for photography and hikes to the
base of the falls. Allowing a rezoning and reconfiguration to build
fwo monstrous primary/secondary structures blocking this pristine
view seems unnecessary and not in the spirit of supporting an open
space obligation.
This position is supported by many other Vail residents who may
not have wriffen to you on this matter. We are convinced that this
request is not in the best interests of the TOV or its residents and
once again request the application being denied.
Sincerely,
Mark Stevenson Maureen Stevenson
Cc: George Ruther
u8/24/2sAA 00:40 FAX, ?1S 54S 0588 LISBC PlperJsffrsf-'o @002
W.I' and TnrdY Tbo'"'q
4027 hpinc Drivc
Vail, CO.81657
Plaming aod Zoning Corrmissioa ' Town of Vail CO
Augurt 24, 2000
Subjccc Rc-zodng rc$rc$t for lots 15 & 16 on Lr+ine Dtivc
To Whom It May Concern:
Please edcr into tbe simt€s as part of tbc $cord qur lettsr of concenr regardig the abovc reGrenced r9-
zouing of the a-forenentioned lob,
We have lived ar 4027 l,upine Drivc for 15 ycarr, and bave very prch enjoyed rhc scenic vicw and
opeucss tat bas been afforded us with tbesc oro lots being vacant ol ary stsuctures We also have very
stong convictions ss to open sp0cc beilg pmteoted ard sensitivity O lbe eovironment beiag p'rcscrved
for fu ture gcar;ratious.
We are urgilg you to vore Ng 6 rhe 1s-26"ing rcquesl bdore you- We necd lo be respoasiblc for
irsorving open rpace and na[Ires wonders for bolh rhose riat livc iu the arEa aud visit
Siaccrely,f\
^ tl ur+
7:""dt--TV-'"aat
W. L Thmas
Trudy Tboma5
4-
To: Town of Vail Design and Review Board
Members of the Board,
My name is Mike Grant. I reside at 1026 Lupine Drive, vail. This leffer is
in regards to the re-zoning of lots fifteen and sixteen, Lupine Drive in the
Bighom Subdivision.
I have been a builder and developer in this area for several years. I have
always been environmentally sensitive to the over development of many of
our residential and commercial areas. I have leamed that we need to live
and cievelop within our needs, not necessarily our desires to create more
financial stability.
The transf-erring of units of square footage tiom one parcel to another for
whatever reason is not living within the guidelines that we created.
To rape the land for square footage that cannot fit into a previously zoned
building envelope is like they say," trying to fit ten pounds of shit in a five
pound bag".
This area of Bighorn subdivision is primarily single t-amily and duplex
homes and has been created by the Town ald the people of this community.
I highly oppose this project for more than what it was created for originally.
I personally re-zoned my own property from a duplex lot to a single family
lot to preserve a small part of what we all came here for, the serenity and
beauty of what this state has to offer. If we continue to allow over
development in environmentally sensitive areas, wE ALL LosE IN TFm,
END!
Thank You"
Michael Grant
FROl"l : Garg/Li nda l'lcDaniel
ereIy,
6iARY A; & TTIYDA R. ItrcDAilu'L
4057 LIJPINE DRIV'.;
Vatr. Corrr,{Apo Bt65Z-4gI€
(9701476-717O
^ PHONE NO. i 97A 476 7114
It ]rn. 26 zam La:ArTn PL
Auguet 19, 2000
TOV Planning & Entlronmental Commisslon
Re3 tot.B 15 & 16 Bighorn
xt ts rfiy understandlng that a rezonlng and developrnent requesl has been submitted and a hearing to coneider 6arne is seheduled for 3;00 p.m. on August 29, 2000,
Although r an not in cloee proxirnity to the tots in questlon,'f am opposed to the rezoning. These IotE Bit on an aftuvial fan below a lirnestone outcrop over whlcb,, flow water in the sprlng and accumulates ice ln the wtnter? Thla type of proceae nat(ea the area hazardoug as to rock fall and fl.ooling/mud sltde {in the event of heavy precipitatlon and/or rapid sno!, thaw}.
Fermitting 6tructure6 in thls hazardous environment makes the TOV f.iable in ttre event of .a dieaster,
rt can happen and has: conslder the mud:srlde on Bald Mountaln,mud sride at thrr vail Racguet club and the f,arlinE rock problem north of I-70. ?hese incldents cost the ToV (read that the taxpayere )
f would urge.you to dehyr.the appllcition. These lots have been classifled as non-bui.Idable ilus to hazard, I have ab-solutely no synpathy for those bringing the applicatlon. rn my_opinlon they are slrnply trylng to profit by-changlng the rules.
I would ask the Commission tbtet if we are going to change the- zoning ln hazardous non-buildable area6, then why ehoifd we have sueh zoning in the flrst place?
-#'t-- R,
McDaniel
<a
')':a *O*nL9-
cq: TOV. Councll
AUG_45-?6@8 a9236 FR0H:Jo ELLUASH 97A9e6165s
at lot 15 of Bi
[he Town of YaiI is
quali-fy #a duPlex 1ot'
TO297@479?4Se o
{
department ol community development
P.AA7/W!
box lO0
vail, colondo 81667
(3031 476-5613
August 5, 1961
David A- Feagin
1885 Ponder Heights 0r.
i6ii"oao-iptingi, colorado 80905
Cr"""r+
Rhp^\r
The'lot contains 2.09? acres, or 91 ,153 sq'ft' and will be allowed
2 units, one of wrrictr'cinnii'ei...a'+ox ot tite total a'llowab'le
6ross Res'identjal F'looi ffi; i[RFAt' The tota] GRFA allowed on
the ]ot 'ls 8307 sq.ft-
Your design.PrcPosa'l must be approved by^the Design Review Board
of the Town. Please ;;;;t; 6[i oriice.tor the clrrent submitta'l
reouirements for the b!lig^-n""i.*'iiiiO- If you have any further
qudstions, Please contact me'
Dear l,tr. Feagin:
Thls letter is
Znd Addition 1
The lot is zoned
sufficient street
APP:df
Resi denti al
frontage' to
A{ Peter Patten'
Senior P'lanner
4
sJ/ Lg/ ut 'r'!Ilj 14:lb t'rll t'l ldri92u6b2
:
:
Eoagnr D. Lrrvo-s,r v
rlltiac'||ra 6!^lE{A( FAnt{r|l .
l'l-lis0ll
IJnssr-nrur.r PArTTlgERs & Co.
6{10 IrrFirtr AvrENrrE -r19Trr Fr.oon
Nr:w l'irnr. Narr. 1?r*rr rorr,t
rgl00J
=t!-70:l-qs17 .P.,l':a: !t3-969-9039
VIAFACSIMfLE: (s701479-2452
September 19, 2000
Mr. George G. Ruther
Senior Planner
Department of Community Development
Vail, CO
Dear Sir;
RE: Lots 15 & {6, Big Horn Sub-Division, 2trd Addition EastVail
"East Vail Waterfalf'- <
My name is Robert D. Lindsay. My wrfe, Terry, and I onrn a home at 3907 Lupine Drive,
Vail, CO. We are writing regarding Lots 15 and 16, Big Hom Sub-Division, 2nd Addition
East Vail, commonly known as the'East Vail Waterfall",
We support the preservation of this property as open space and the 19g4 Open
Space Act ("OSA'|). This propefty, designated as Lot 4{, was deemed high priority
preseruation as open space. l
I believerthat the rnonev from concerned citizens olus the funds from the land
transfer tax should be used to purchase this oroperfu to keep as open space-
d.evelooment to b.e a tremendous environrnental hazard and we arc ooposed to anv
devefopment on this area-
l
Thankyou for your prompt attention to this matter. Feel free to calt me at (212) 7OS-g217
with any questions or if you feel it necessary.
Sincerely,
Robert D. Lindsay
<
F Rrl : LJRQ(JNET.F TEN SIEC I FL I 51 5 PFI}E tu. , -tvJJ 424 >44J
o
?AL
Groundwater Speciaf ists
ItO6 Tcttrrtdc ttxc
louldcr, CO EOJO5
IE|.: (J0t) 19+6taz
FAX: (lgl) t9+5{{l
Eru[: trrenr-r|Gt Augusr 26,2000
Mrs. Claudia Duludc
3196 Lupinc Drivc
vail, CO tt65?
Dcar Mrs. Duludc:
Al yout rcqu$t' I madc a dsit and invcstigatioa on Augusr 24, 2000 of thE "watcl Fall'. area locatcd in sec. I I ,T' 5 s'' R' 60 w' (vril Eaa Quadranglc). -The "wntcrFlP arca is a wcll{cfincd avalanche chute and also a pcnrrnial stream' Thc basc of rhc avalanchc chutc is a dcbris-flow and rock- fail arca tt is obvious this is a lcositivc gologic area that is subjected to rvalrnches drrring hcavy *o* yi..t, ard has bcen sublectcd to dcbris {lows and rock falls in thc past.
It i6 my undcrrturding that tots 15 rnd 16, which are directly in tbc pa$ of rhc aralauchc chutc and arc undcvclopcd due to haaardous gcotogic cooditionq arc bcrng Foposed for rczoning and dcvelopmc.nt. It is my opinion that it would be a scrious mictaka to grant rezoning ana dlvclopmcnt of {rcsc two lots bccause of obvious hazardoru gcologic condirions.
Thc avalanchc zonc bcgins in a lcc barrsn arca above elevariqn 10,6(n fcct and &om this rrca to below thc falls (clcvation E 600 fEt) ttrc gradcs of this chutc rangc form 4 6 67 Frccot. From bebw the falls toiupirrc'Drive (cloruion E,400 fcd) thc 8nd€s range &om 20 to 3zp"t"coi. The southwestcrn portion of rhcsc two lots is maPp€d es bcing in the rsd avalanchc -* "oa
thc nonheastcra prrts arc in rhc bluc zo,nc. Thc cntire dc6ns-flow arca below rhc falts has beqr mappca as a rock_fall arca.
tl'' t ttjcars (May 20oo r?on for J. Tschincr) discountr thc h*ard porrenriat of rock falls and dcbris flows for bls l5 rtd 16' Hc coosidcrs dcbria fl,ows ou to 66G tro lots as rarre cvcltr and rocl fall as not " ,igrifi".rt !."+ Both thcrc geologic bazards havc prcviously occurred. 'lb put tbc occurrncc of geologically hrzodous evcols o a tinrctrble or as a stali$icil rist< can bc a cosrly mrstalc. Mcars dod rccJEo"Jn"avalanchc hrzz'd as s€siou.s becaulc he rccomncnds dcvclopment ciose to Lrpinc Drivc and at rhc north and south corncrs of thc lots. Hc also rtconmcuds r'rartp rooi bcct *posnre of o" uoiUing. My qucsion is why build in an obvious gotogicelly h.z"'dous -c4
ThG Bo_atd msldnt thc rcquctr€d r@ning deqirirn rtoutd vicit drc srte obscryc thc lrrgc bouldcrs and tbc dcbrk 0ow |nd drd on Lupinc Drivc aoa fot up u thc avelrachc churc. This is a clissic gcologic tuzod ara and rhoutd bc opcn qracc Dot. site for r6id.dti.t doelopmcnt.
Sinccrcly,
/1 , ' ll
Ltjug-^_ b( (fu{^-
Willi$n H. Bcllit
Cenifi ed hofcsrioael Gcologi:t f39E2
l'
| !-al)- |
SECTION:
12-6D- 1: Purpose
12-6D- 2: Fermitted Uses
12-6D- 3: Condiiional Uses
12-6D- 4: Accessory Uses
12-6D- 5: Lot Area Anc Site Dimensions .12-6D- 6: Setbacl<s
12-6D- 7: Height
1 2-6i-)- E' Dc-sil'r L-nnirol
12-6D- 9: Site Coverage
12-6D-10: Landscaping Ar:.: Siie
Development
12-6D-11: Parking
12-6D-1: P{-;RPOSE: The'fwc-Family
P rim a rylSecon d arv Fesidential
District is intended to provide sites for sin-
gle-family residential uses or two-famiiy
restdential uses in which one unit is a larger
primary residence and the seconci unit is a
smaller caretaker apartment. together with
such pubiic faciliiies as may appropriately
be located in the sarne district. The Two-
Family Primary/Secondary Residential Dis,
trict is intended to ensure adequate |ight,
air, privacy and open space for each dwell-
ing, commensurate wilh single-family and
two-family occupancy, and to maintain the
desirable residential qualities of such sites
by establishing appropriate site develop-
ment standards. (Ord. 30(1977) S 2)
i 2-OD-2; PER.IIITTED USES: The fcllow-
inq uses shall be permiited:
Single-famiiy resjdential dweilings.
Two-iamiiy residentiai dwellings.
Type I employee housing unii as prcviCed
in Chapter I3 of this Title. (Ord. 6(2000)
$ 2: orci. 8(1ss2) $ 11: ord. 30(1977) g 2)
12-6D-3: CONDITION,\L USES: The
following conditionai uses shaii
be permilted. subject to issuance of a con,
ciiiional use permii in accorciance with the
prorzisions of Chapter i 6 of this Title:
Bed and breakfast as further regulated by
Section 12-14-18 of this Title.
Public buildings, grounds and iacilities.
Public or private schools.
Fublic park and recreation faciiities.
Public utiiity and public service uses.
Ski lifts and tows.
Type ll employee housing unit as set forth
in Ghapter 13 of this l-itle. (Ord. 6(2000)
$ 2: Ord. 8(1e92) $ 12: Ord. s1(1s8e) S 2:
ord. 30(1s77) S 2)
CHAPT:,i 6
RESIDEI]TIAL DISTFICTS
AFTICLE D. TWC-F,AMILY Ffr!MAFY,/SECCNDARY RES:DENTIAL
(PS) DTSTFTCT
Toun of VaiI
June 2000
t I
| 1-DD-4
12-6D-.r: {CCESSORY USES: The {ollow-
ing accessory uses snall be
permitted:
Hcme c:cupations, subjecr lo issuance of a
hcme occupation permit in accord wiih the
provisions ,:f Chapter 14 of this Title.
Private greenhouses. tcol sheds, playhous-
es. garaoes or carports, swimming pools,
patios, or recreation facilities customarily
incidental to single-iamily and two-famiiy
residential uses.
Other uses customariiy inc:denlai and ac-
cJossory to permitted or condiiionai uses,
and necessary for the operalian thereof.
(ord. 30(1s77) $ 2)
12-6D-5: LOT AREA AND SI?E DIllEN-
SIO|IS: The minimum loi or siie
area shail be fifteen thousand (15,000)
square feet of buildable area, and each siie
shall have a minimum frontage of thirty feei
(30'). Each site shall be oi a size and shape
capable of enclcsing a square area,. eighty
feet (80') on each side, within its bound-
aries. (Ord. 12(1978) $ 3: Ord. 30(1977)
s2)
12-6D-5: SETSACKS: ln the Primary/
Secondary Resideniiai Disirict,
ihe minimum front setback shall be twenty
feet (20'), the minirnum side setback shall
be fifteen feei ('1 5'), and the minimum rear
setback shall be fifteen feet (i5'). (Ord.
50(1e78) S 2)
12-6D-7: HEIGI{T: For a flat roof or rnan-
sard roof, the height of buildings
shail noi exceed thirty feet (30'). For a
sloping roof, the height of buildings shall
not exceed thirly three feer (33'). (Ord.
s7(1e80)s 2)
12-5D-8: DENSITY CONTROL:
A. Dwelling Uniis: Not more than a toial
of two (2) dwelling uniis shail be per-
mitted on each site wiih only one
dwelling unit permittec on existing lots
less than fourteen thousand (1,+,C00)
sQuare feet.
B. Gross Fesidentiai Fioor Area:
1. The iollowing gross residential iloor
area (GFFA) shail be permitted on
each site:
a. Twenty five (25) square feet of
gross residential floor area (GRFA) for
each one hundred (100) square feei of
the first fifteen thousancj (i S,000)
square ieet of sjte area; plus
b. Ten (10) square feei of gross
residential floor area (GHFA) for each
one hundred (10O) square feet of site
area over fifteen thousand (15,000)
square ieei, not to exceed thirty thou-
sand (30,000) square feet oi site area;
prus
c. Five (5) scuare feei of grcss
residential tloor area (GHFA) for each
one hundred (100) square teei oi site
area in exciss of thirty thousand
(30,000) square feet.
2" In addition to the above, four hun-
dred twenty tive (425) square feei of
gross residential floor area (GRFA)
shall be permitted for each allowable
dwelling unit.
June 2000
Town of Yail
.a
,
i2-6D-e
C. Emololree Housing Units: Notwith-
standing the provisicn of subseclicns
A ancj B of this Section, a Type I em-
ployee housino unit shall be permitted
cn lois ci less than iourteen thousand
(1d,000) square feet in acccrdance
with the provisicns of Chapter 13 of
thrs Title. Any Type I employee hcus-
ing unit existing cn or before .April 18,
2000, shail not be eliminated unless
ail dweliing units are demoiished, in
which case the zoning on the property
shail apoly. i'lowever, an exisiing Type
I employee housing unit may be re-
placed with a Type ll employee hous-
inc unit on lots cf fourieen thousand
(i.t,0O0) square ieet or greater. (Ord.
6(2coo) $4: ord- B(1ee2) $$ 13, la:
Crd. s7(1990) S s: Ord. 19(1990) S 1:
Ord. 12(19B8) g 4; Ord. 23(1986) g 1:
Ord- 23(1981) $ 2: Ord. 22(1981) g 1:
Ord. 3s(1980) g 1: Ord.22(1s79) g'1:
ord. 12(1s78) S 2: Crd. 30(1977) S 2)
12-6D-9: SITE COVER,\GE: Site cover-
age shail not exceed twenty
percent (20"'o) of the total site area. (OrC.
41(1990) $ 5: Ord- 30(1e77) $ 2)
12-6D-10: LAr\DSCAPING AND SITB DE-
VELOPIIENT: At least sixty
percent (609/o) of each site shall be land-
scaped. The minimum of any area qualiiy-
ing as landscaping shall be ten feet ( l 0')
(width and length) with a minimum area not
less than three hundred (300) square feei.
(ord. 30(1e78) S 2)
12-6D-11: PARI{.NG: Off-street parking
shall be provided in accordance
with Chapter 10 of this Title. (Ord. 30(1977)
s2)
t z-cJ- I i
Town of Vail
June 2000
o
GEOLOGICAL HAZARDS AND MAPPING ANALYSIS
WATERFALL AVALANCHE PATH & LOTS ,I5 & 16
VAIL, COLORADO
Prepared For
Mr. Jay Tschirner
Firct Land Development
Prepared By
Arthur l. Mears, p.E., Inc.
Gunnison, Colorado
May,2000
ARTFIITR I. MEARS, P.E.,INC.
Natural Hazards Consultants
5S5 Counry Road l6
Gunnison, Colorado g1230
TeUFax: 970-641-3236
anmears@rmii.com
May 22,2000
Mr. Jay Tschirner
Resort Radio. lnc.
First Land Development
P.O. Box 2083
Edwards, CO 81632
RE: Avalanche and oeological hazards analysis, Lots 1S & 16, Bighorn Sucdivision Z"d FilinJ
Dear Mr. Tschirner.
As you requested, t have compreted a site-specrfic anarysis of snow_avalanche,debris flow, and rockfail hazards
"n""irg th! above-referenced rots in vair.
Although georogicar ha;ards do exist and are fairry extensive on these rois,certain rimited areas can be built upon with mitigation, consistent with the Town of Vail Hazard Ordinance.
Please contact me if you have any questions.
Sincerely,
: .}4 /
L ''*'1Lawl "l \LVo;oa
Arthur l. Mears, p.E.
Avalanche-control engrneer
Encl.
Mass Wasting . Avdlanchcs . Avalanche Cowrol Engineering
1 OBJECTIVES AND LIMMITATIONS
As discussed with Mr. Jay Tschirner, this geological hazards study has the
following objectives:
a. ldentification,
and hazard;
b. ldentification,
|-la-^.A I rcl4.cll \4,
c. ldentification,
hazard.
quantification and mapping of snow avalanche extent
quantification and mapping of debris flow eKent and
quantification and mapping of rocKall extent and
This report also has the following timitations, which must be understood bv all
those relying on the results and recommendations:
a. substantial alteration to the forest cover (through forest fire, forest
disease or landslides, for exampre), could lead to more frequent anc
larger avalanches and debris flows; and
b. Mitigation and specification of loaciing criteria depends on site-specific
design and is beyond the scope of this study.
2 TERRAIN
As shown on Figure 1, the Waierfall avalanche
from approximately 10,400 feet elevation down
elevation of 8,380 feet.
and decris-flow path extends
nearly to Gore Creek at an
FIGURE 1. waterfall snow-avalanche and debis-ftow path in East vail.
Av'alanches begin in the open unforested area between 10,20a and 10,40a feet
elevation. Debris flows start in centrat channel. Both avalanches and flows can
cross Lupine Drive and reach nearly to Gore creek during excepticnal
conditions.
f IG..URF ? Topographic ruO or,ffiffi"@
t i :::t, :::!p ::_d a n d b I u e av a t a n ch e_h aza rd zo n es. S u s g e ste d b u i I d i n s location(s) are shown as circres just above Lupine Drivl-near thu niii"r"t ura soufheasf corners of the propefty. Minor and rare debis flow eyenfs witt reach to Lupine Drive- Rockfail, during exceptionat conditions, reach to the end of the avalanche red zone.
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The largest and potentially most destructive avalanches begin in an unforested,
triangular area within the lodgepole-pine forest on a steep, northeast-facing slope between 1o,2o0 and 10,400 feet elevation, Debris flows can start within the deep, encised central channel between 9000-10,000 feet elevation. Durino extreme conditions expected an average of once in 100 yearsl, either snoir
avalanches or debris flows will reach the steep alluvial fan, cross Lupine Drive.and stop near Gore Creek.
Because these large and unusual events must be considered in lanc-use planning and engineering within the Town of Vail, they are described in sections
4 and 5 of this report.
3 PREVIOUS WORK
Several reports have addressed the avalanche, debris-flow and rcckfall hazards
in the waterfall path. The runout zone on the alluvial fan (where private property
is located) was designated an "avalanche influence zone" in 197d mapping ior -
the Town of Vail. The influence-zone designation indicates further quantification
of avalanche hazard would be dependent upon future detailed study In 19g4, as part of a municipality-wide study commissioned by the Town of Vaii the entire
alluvial fan was mapped as a "high-severity" hazard rocKall area and as a debris_
flow area.
Addiiionally, the Lot 15 and 16 areas were described qualiiatively in letters
written by myself to Mr. Hiitis Akins in '1979 and Mr. c. stanley witson in 198g.
These letters indicated that snow-avalanche hazard exists bulhas not been quantifled to determine mitigation design criteria. The 1988 letter also indicated
ihat rare debris flor,vs may occur on Lots 14-15 but that rockfall is probably not a signiflcant hazard. This conclusion is contrary to the Town of Vail rockfali studv
refened to in the subsequent paragraph but is consistent with this reoon.
4 SNOWAVALANCHES
4.1 Design-magnitude avalanches and Vail hazard ragulations
Design-magnitude avalanches are, as defined in the cunent (1ggs) hazard
regulaiions, subdivided inio "red" and.blue,, zones as follows:
a impacted by a snow avalanche producing a total
static and dynamic pressure in excess of 600 pounds per squaie foot
on a flat surface normal to the flow and/or a return interval of less than
twenty five (25) years.
' This is an order-of-magnitude estimate of the true return period of the design avalanche which
may lie between 30 and 300 years. A 10O-year return-period event has an Jnnual probability of i/100 = 0.01 = 1o/o. The avalanche annual probability does not change from one yearto the next.
b. Blue Zone - An area impacted by a snow (avalanche) producing a total
static and dynamic pressure of less than six hundred (600) pounds per
square foot and/or a return interval in excess of twenty five (25) years.
The ordinance restricts development in avalanche zones as follow,s:
a. Red Zone - No structure shall be built in any red avalanche zone; and b. Blue Zone - structures may be built in blue avalanche zones provided
that proper mitigating measures have been taken.
An objective of this study is therefore to define, according to the best availabie
current methodology, the limits of the avalanche red and blue zones so that
buildable areas can be identified.
4.2 Avalanche characteristics and hazard zones
Snow avalanches have been quantified by utilizing a two-step procedure as
follows:
The stopping position of major avalanches here was determined by
comparison with known runout distances of other major avalanches in
Colorado. These events occur when the entire unforested area above
10,2OO feet releases as a dry snow slab. Stopping position was further
determined by cornparison with similar events in the Vail area and by
personal experience. Avalanches of major (design-magnitude or 100-
year return period) proportions can stop just above Gore Creek,
impacting existing buildings on the north side of Lupine Drive.
Avalanche velocity and impact-pressure potential was computed by
applying a multi-component stochastic avalanche-dynamics model and
forcing this model to stop just above Gore Creek, the stopping pcsition
determined in step "a."
The analysis indicates that major avalanches will reach a vslocity of roughiy 30
m1s (65 mph) on the steep upper slopes, but wiil decelerate to aoproximaiely 10-
15 m/s (20 to 30 mph) on the alluvialfan where lots 15 and 16 are located.
The details of the computer output are provided in Appendix A; the avalanche
map (Figure 2) subdivides the runout zone into red and blue zones and indicates
approximate lot lines. This is the best and most detaiied topographic map
avaiiable in the Town. Detailed topography is not available above 8,450 feet in
the vicinity of Lots 15 and 16.
lmpact-pressure potential was determined by computing the pressure, p, on a
large, flat surface normal to the flow (as required by Vail ordinance) by the
relationshio
P=oV2.
vy'here p is flow density (175 kg/m3) and V is computed velocity. Frgure 2 also indicates the boundary between the red and blue zones All constructron must take place below the red zone, a band approximately 100-150 feet wrde on Lot 16 and up to 200 feet wide on Lot 15.
5 DEBRIS FLOWS
As noted in section 2, debris flows were mapped for the Town of vail in 19g4.This mapping indrcates that Lots 15 and 16 are debris-flow areas. The eniire alluvial fan, which extends all the way to Gore creek. was formed by pre_hrstoric
flows. The alluvial fan surface provides clear evidence, in the form of an undulating topography and boulders on the surface, that debris flows have occurred. However they probably have not fallen over the waterfall during the past 100 years, possibly not for several centuries. Inspection of u. s Forest service aerial photos dating back to 1g39 do not indicate recent debris-flow
activity at this location.
The historical, photographic, and geomorphic evidence indicate that debris flows are rare events, probably with return periods in excess of 100 years However,
since they are possible they should be considered in design of britding" (Section
7)
6 ROCKFALL
Rockfall is a serious geological hazard at many locations within vail. However
the alluvial fan upon which Lots 15 and 16 are located does not appear to be within a significant rockfall hazard area. The boulders on the fan surface result,
tnstead from pre-historic avalanches or debris flows, not from rockfall. Rockfall would be an insignificant probler-n on the lower alluvial fan.
The extent of rockfall mapped in 19g4 indicates the hazard extencs across
Lupine Drive and all the way to Gore creek. I berieve this mapping is
unrealistically conservative and not based on field evidence in ihe-source cr deposition areas.
7 RECOMMENDATIONS
The following recommendations are based on the field observations and analysis repcrted in this study.
a. lf developmeni of parts of Lots 15 and 16 is to take place it should be
as close to Lupine Drive as possible and near the north and/or south
corners of the properiies (see Figure 2).b. Buildings shoulc be designed with a "ramp roof' back exposure (Frqure
3) to minimize avalanche roads anc eliminate deflection of snow'
toward other properties (consistent with the Vail Hazard ordinance);
and
c. Buildings should be specially designed to resist the avalanche loads.
lf sieps "a" through "c" are taken, any buildings can be safely designed to resist
avalanche forces and the minor forces resulting from the very rarjd"oris flows and rockfallevenis.
FIGU:4E 3. The "ramp-roof design recommendec for buitding on Lots 1s and 16. The back roof will intersect the ground surface at a smafangte, thereby
reducing impact laad magnitudes" rhls type of design wiil not denect snow toward other property.
Report preoared by,
[-'Lfrh*l vl,p*d
Arthur l. Mears, P.E.
Avalanche-control engineer
APPENDIX A. Graph showing the avalanclre speeds, stopping position of debris
and debris distribution in the runout zone. subsequent six pages of priniout are
the avalanchedynamics output which was used to determine ihe red zone/blue
zone hazard delineation.
602 particles star 't from tofeOment.1930 parric| deeosl-ted.
lk\waterfall 1. txi
diops: 616 m
tr-on mu : 0 -25
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om R = 0.250
a = 23.8 degrr:ees
a Front stops at X : 1400 rn
.Front speed (max = 23.5 m/s)
-___-_.___Mean speed (max = 29.2 m/s)
=-."-.=.-Deposici cn (noL to scale)
Ex:-t and view distributions In your file c:\p1k\r:esulls.txt
Ground. slope profi r e ,speed graphs, a.r:d. stooping ppsi-.ions
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PLA NNING AND ENVIRONMENTAL COMMISSION
September 25,2000
Minutes
MEMBERS PRESENT:
Galen Aasland
Chas Bernhardt
John Schofield
Diane Golden
Doug Cahill
Tom Weber
Public Hearinq
MEMBERS ABSENT:
Brian Dovon
STAFF PRESENT:
Russ Fonest
George Ruther
Allison Ochs
Brent Wilson
Judy Rodriguez
Tom Moorhead
2:00 p.m.
Galen Aasland called the meeting to order at2'.20
1. A request for a rezoning (from Outdoor Recreation to General Use), a minor subdivision
and a conditional use permit, to allow for the construction of a seasonal ice hockey rink at
the Vail Golf Course, located at 1778 Vail Valley Drive / Lot 3, Sunburst Filing 3.
Applicant Vail Junior Hockey Association, Vail Recreation District. Town of Vail Planner: Brent Wilson
Galen Aasland asked, due to the large number of public present, that speakers limit their
comments to 3 minutes.
Brent Wilson gave an overview of the staff memo and recommended tabling the conditional use
permit and minor subdivision today, and a recommendation of approval on the rezoning.
Galen Aasland asked if this could be a worksession today, but noted that it was published to be a
final review today.
Brent Wilson said yes, but the PEC was under no obligation to approve, deny or table this today.
He then gave the next steps in the approval process
Galen Aasland said we are here to review the land issues according to the ordinances and if
comments were related to costs, he reminded the public that the PEC was not here to review the
costs.
Galen Aasland asked for any applicant comments.
Rick Pylman, represented the Vail Junior Hockey Association, clarified the owner, applicant and
user being the VRD, TOV and the VJHA. He said they would provide more information on traffic
and building code information and were committed on working on the noise issue. He said they
would place visual screening and play around with the location and direct the noise with sound
baffling towards l-70. He then gave some background on why this came about He said the
existing ice rink on the golf course was seasonal, but the VJHA used it extensively as an accessory
rink. He explained the growth of the hockey association with the addition of girl's teams and
competitive teams and that this would be a stopgap measure to keep the winter activities moving.
He then explained a rendering of the location, which was immediately adjacent to the clubhouse,
exactly where the present rink is now located, being 225' long by 125'wide. He said the existing
rink was 200' by 85'; or 25' longer. He said the parking would function well, with 20-25 cars at a
time. He said the tratfic would be from 3:30 on, with 15-25 users at any given time for 1-11t2 hr. at
Planning and Environmental Commission
Minutes
September 25, 2000
a time. He said the ffaffic should be much less than in the summertime with golf. He mentioned
that there would also be drop-off traffic and they didn't get a lot of spectators. He said they met the
criteria for rezoning and can meet the criteria for a conditional use permit as well. He saidthe golf
course parking lot is zoned General Use now, with the Clubhouse and starter shack Outdoor
Recreation and so it should be rezoned.
Galen Aasland asked Rick to explain why rezoning was consistent with the Land Use Plan.
Brent Wilson said it was staff's position that where there were buildings associated with recreation,
it was consistent with the standard of the park designation.
Galen Aasland asked if it wouldn't be a stretch to do this.
Brent Wilson said if it was changed to General Use, any proposal has to be consistent with the
recreational designation in the Land Use Plan and so the burden falls on the PEC and staff to
make that finding. He said the existing General Use District would be extended north to make
matters cleaner and to create one General Use district.
John Schofield asked how the scheduling would be taken care of.
Jim Heber, Director of Dobson Arena, explained that the outdoor rink in the past had been going
through Tom Gaylord with the VRD. He said it would not be just for hockey.
Shawn Boris, President of the Skating Club of Vail, said they would like to increase their programs
and she explained the programs. She said the most important part was the impact of special
events at Dobson Arena that took away their programs and said that the Vail Invitational was not
held for the first time in 19 years, due to no ice time.
Jim Heber said many events were turned away. The new rink would enable more events to be
held at Dobson.
John Schofleld asked if there were any scheduled games to be held at the seasonal rink.
Jim Heber said the games would be held at Dobson, since there would be no locker rooms at the
seasonal rink.
Doug Cahill asked about the numbers that would use it.
Jim Heber said the ice would be limited to practice with 20 kids on the ice at one time and resurrect
some public skating at night at Dobson. He said there would be two employees at night to run this
and the system would not be as noisy as Dobson. He said he would equate it to a dull hum rather
than a pounding and the noise would be located at the northeast comer of the seasonal ice facility,
as it needed to be at one end of the building or the other, since there was not much flexibility to put
it on the side. He did say the equipment could be put on the highway side and there would
potentially be a back up generator, but it was not in this applic€tion package. He said that the
bubble could hold pressure tor a24- hr. period and that the lighting would be less intrusive.
John Schofield asked about the outdoor lighting.
Rick Pylman said there would be no more outdoor lighting.
Jim Heber said the bubble would be stored out of sight in the off-season.
John Schofield asked about the traffic generation.
Jim Heber said only the teams would be using the seasonal ice rink and public skating would be
increasecl at Dobson, since there would be no public skating here.
Planning and Environmental Commission
Minutes
September 25. 2000
Rick Pylman explained the dome shape being 36' at the top tapering at the sides and the ends.
Chas Bemhardt asked Brent if changing the zoning to GU allowed more development.
Russ Forrest said any use change would require a conditional use hearing except open space and
bike oaths
Chas Bernhardt said he had seen the Town stretch the law to put in housing.
Brent Wilson said there were provisions for employee housing within the GU District, but it would
have to come before the PEC and it would come with a recommendation from staff for denial if it
didn't' comply with the Land Use Plan.
Russ Forrest said the PEC was the watchdog for this.
Diane Golden asked about the floodplain.
Brent Wilson said there was a site specific study being done right now, as they wanted to make
sure there wasn't an issue, however, the concerns were with the grading.
Chas Bernhardt said the floodplain was a non-issue, since the floods come in the spring.
Doug Cahill asked about the time line, as far as setup and teardown.
Rick Pylman said mid-November to mid-March.
Brent Wilson said 7 months was the maximum, per the Town Code.
Rick Pylman said it would take a week to set up and tear down He then explained the parking lot
with the sleigh ride operation and said that the parking would be more efficient.
Galen Aasland requested a written parking plan when this comes back and also wanted to see a
written plan regarding the back-up generator. He asked if there would be a glow inside the bubble
after the lights are shut off at night and would like to see a written proposal on the lighting.
Tom Moorhead advised the PEC to evaluate this as any other conditional use permit.
Galen Aasland asked for any public comments.
Gretchen Busse read a letter objecting to the mass, bulk and height and said the Townhomes
would see this all winter and it would be very negative to our neighborhood. She said this would
destroy the Gore Range View and there would be no more outdoor ice rink.
Jerry Lath, owner of a Golfcourse unit, suggested using a tarp like the Denver Country Club uses
to eliminate the large, unsightly bubble. He then gave the example of Zermatt Switzerland and
what they use. He then questioned the home addresses of the hockey players and mentioned that
some of the players come up from Denver and so this was only benefiting 200 players. He said
they all enjoyed the outdoor ice rink and said he wondered if the alternatives had been thoroughly
investigated.
Chris Shuck, an Easi Vail resident for 14 years, said this seasonal ice rink was vital for the
community and a nice asset and a great idea. He said let's look at the overall benefit to
everybody.
Marnie Murner, an owner on Spring Hill Lane, said a bubble doesn't represent a premier mountain
resort community.
Planning and Environmental Commission
Minutes
September 25, 20OO
I
Leonard Busse, President of the Golf Course Townhomes, stated that 15 units right on the Golf
Course were opposed to the bubble. We want it outdoors and don't want to see [hat bubble in the
daytime. He said this was a signature location in Vail and to retain it.
Star Boniface said she used to be a townhome owner and claimed the parking figures were totally
wrong.
Jim Potter said he lived in Vail for 25 years and watched people move down valley. He said that
this was a wonderful opportunity to provide a recreational facility.
Kirk Hansen said he supported the conditional use permit. He said there were over 200 skating
adults, 100 learn to skate people and 200 hockey players and so we really need additional ice,- He
said that down valley was not receptive to having an ice rink and it made sense to put the ice rink
on the golf course. He said inflatable architecture was ugly, but economical and having it enclosed
would cut down on the light and the noise. He said a white bubble on a white snow field was not
objectionable and that home values decreasing was a stretch.
Len Busse said he lived across from the parking lot for 10 years and the sleigh operation took up
one third of the parking lot every year with the additional space needed to tum the horses. He said
that parking was an issue when the snow was piled and if parking occurs on the street emergency
vehicles can't get through. He said busses come in constanily for the Nordic events.
Brent Wilson said the sleigh ride operation would take place elsewhere on the site. He said the
Fire Dept. would maintain access, as per the Town Code. Brent said all the standards would have
to be met.
Rick Sackbauer said he was a parent of an ice hockey player and said he had lived at the site of
the golf club. He said the parking lot would be managed so that it was a safe place,
Deborah Webster said she lived in this Town for 30 years and had a conflict. She said she started
the Skating Club in 1976 and also lives on Sunburst Drive. She said we need the seasonal ice
rink, but not in a residential neighborhood, as it would be the first sight when entering Vail. She
said she would like to see how many years it would be there; not just 7 months ayear. She said
the Town Council and the Town Attomey said the bubble would happen, so now we need to clarify
how long it will be temporary.
Flo Steinberg said she was against the bubble and would like to state that she doesn't want it in
Ford Park either.
Phil Hoversten said his property looks right at this bubble and he is 100% for it. He said we are
getting the job done with the bubble. He said shading ice like they do in Breckenridge or Denver
Country Club doesn't work and a bubble was the only way to address the sun and the snow. He
said that traffic was a bigger problem in the summer and the parking could get solved. He said the
bubble would provide a reliable source of ice. He said the VRD donated $25,000 for the outdoor
ice rink, so they could have a rodeo.
Galen Aasland asked about the vertical sun shades.
Phil Hoversten said Breckenridge was 1,000 ft. higher and the problem with the vertical sun
shades was constantly clearing the snow.
John Cogswell said he was in favor of the community adding this new surface and giving kids an
opportunity and also to energize Dobson. He said the value of the material had great resale value.
Planning and Environmental Commission
Minutes
September 25. 2000
George Webster, a resident of 1875 Sunburst Drive and property owner since 1969, said he was a
retired Engineer. He asked the PEC to visualize a bubble that would be double the size of the
Council Chambers and that is what he would look at from his bedroom window which was not verv
desirable.
Art Abplanalp, representing the Golf Course Townhomes, Phases 1-4, said he gathered that the
PEC was going to vote on this.
Galen Aasland said they haven't decided on this yet.
Art Abplanalp said that the Land Use Plan said the Vail Golf Course would not change and this
rezoning was a direct contradiction, so there was no basis for the rezoning. He said this wasn't a
growth matter, but a Band-Aid and so the residents were asked to suffer from the impacts instead
of the Town of Vail dealing with this. He said shifting the impact and injury to a neighborhood that
was opposed to it flies in the face of the Comprehensive Plan. He said Vail Pass would have
book-end bubbles. He then asked to see the Town files, as he said the application wasn't' signed
by anyone and therefore, the application wasn't valid. He said an approval didn't deal with the
traffic impacts. He said the rezoning was fundamental to the hockey rink alone. He said this was
being put in because no one down valley wanted it and he asked if the Town of Vail wanted to
inflict the impacts. He said this shouldn't be before you at this point and he hoped the PEC would
deny this.
Galen Aasland asked if a valid application was received.
Brent Wilson said the Town Council waived the fee. He said we had documentation on record that
Council had given us authority to proceed and there was a motion on record to move forward.
Tom Moorhead said there was a valid application pending.
Art Abplanalp said the application was for Rick Pylman's signature.
Galen Aasland stated that the application was not signed because the Town of Vail is the
applicant.
Tom Moorhead said that was correct.
Brent Wilson explained the land uses.
Cary Brandt said this was an opportunity to rebuild some of our assets. He said he knew a first
class facility was now being considered in Edwards.
Piet Peters asked if we needed more ice. He said there were 20 local skaters in Vail and 100
adults and this was our chance to do something for the people in Vail. He said there were not that
many people in the hockey program.
Glenn Davis said he was President of the Vail Junior Hockey Program and Avon had two skating
facilities in their PUD and the Berry Creek 5'n had one facility slated. He said Dobson was an aged
facility. He asked the PEC if they wanted to move another activity down valley. He asked the PEC
if it was their job to protect a view corridor or maintain activities for our families. He said this had
already been approved for the Berry Creek 5'n .
Shawn Boris said she was President of the Skating Club of Vail, but also a business owner. She
said she wanted to give people a reason to come to Vail. She described dropping her daughter off,
at the ice rink and then going to the gas station and grocery store in Vail which kept the sales tax
dollars in Vail.
Chris Shuck asked if this isn't right for Vail, what is?
Planning and Environmental Commission
Minutes
September 25, 2000
Peter Kyle, with the men's hockey league, said we deny 100 men and women to play competitive
hockey because of the lack of ice time. He said the ice along the boards, at the cunent ririk, melt
right now and is dangerous. He said it was a myth that the bubble would kill all the views. He said
the outdoor rink was noisier with the players screaming and the bubble would muffle the noise.
Mike Grant, a resident of East Vail and shopowner, said he was frustrated seeing things move
down valley and so he was in favor of this.
Steve Blanchard, a resident at 1825 Sunburst Drive, said the temporary nature needed to be
addressed more succinclly.
Art Abplanalp said there were 5 letters that didn't reach the staff. He said the Town did have a
bubble, previously at Vail Run, and couldn'( get rid of it.
John Schofield said the Vail Run bubble was overruled by the Council and given permanent
stature.
Tom Moorhead gave examples of struclures utilized on a temporary basis.
Doug Cahill said he would like to move fonryard on all three items.
Brent Wilson said we would like to table the subdivision, since we don't have that plat and it would
need to get PEC approval.
John Schofleld said he was cornfortable making a decision on all three items and suggested the
PEC give an indication that this was subject to the plat
Diane Golden said she was comfortable on all three items.
Chas Bernhardt said he was uncomfortable with the zoning and asked if a bubble could be in an
OR District.
Tom Moorhead said a seasonal structure was ok for GU; not OR.
Chas Bemhardt asked if this was approved could it then become applicable to any OR in Town.
Tom Moorhead said you would have to change the written description.
Chas Bernhardt said if we could limit this to two years, he could vote on this.
Brent \Mlson said two years is in the condition and suggested adding a condition that the
conditional use permit was pending the rezoning request's approval by the Town Council.
However, staft requested the PEC table the conditional use permit to the following meeting.
Galen Aasland said he would like more information on the management plan and asked if this went
through without a plat, would that be a potential problem.
Tom Moorhead said he and staff were uncomfortable moving forward without the plat, but said that
the rezoning was just a recommendation to Council.
Galen Aasland suggested tabling the minor subdivision.
Doug Cahill said we should move fonryard with the rezoning for recommendation to Council and as
for the conditional use permit there was concern with the residents. He said we do need to keep
uses in the valley, but need to monitor the noise, lighting, what kind of glow is emitted, parking
availability and bulk and mass. He said ttrey were looking at a two-year period and at any point in
Planning and Environmental Commission 6
Minutes
September 25, 2000
time this could be called up and so he was comfortable with going forward with this at this time. He
said the neighboring community looks at the 85' high nets and so he doesn't think this will be as
obtrusive. He said this was a temporary use and the applicant had looked at other options.
John Schofield thanked the public for showing up. He said that this commission served at the
pleasure of the Town Council. He said from a zoning standpoint, this Commission looked at the
zoning and then at the use. He said going to the GU was a vast improvement and since any use
would have to go through this Commission, there were more options for review. He said as far as
the use, everyone supported the ice; just disagreed how it was to be covered. He said the PEC
had to react to the project, not the design. He felt very strongly that it should stay this way with
public use, as it had been in the past. He said the parking in the winter was a non-issue.
'He
said
the lot would have to be plowed and maintained to its full extent and not be used for snow storaoe.
He said the peak traffic was in the summer but the PEC could review the parking with the traffic]
under the conditional use process, and call it up at any time and review it. He said lighting in the
past had been bare bulb and so this will be an improvement. He said any other uses proposed
would have to be reviewed by this Commission. He said his greatest concern was the noise and
suggested the lesser of the 50 decibels or l-70 be the maximum allowed. He said another
provision would be that all the equipment be removed and stored off-site when the bubble was
removed. He said the bubble was temporary and he was comfortable with the two year term, as it
was a good solution for the short term.
Diane Golden thanked the public and said she listened to their concerns and thoughts. She said
other locations have been ruled out fairly, as well as other covers. She said the bubble was a last
resort and the benefits of having a temporary ice rink far outweigh the negatives, She thinks this
will keep people in Vail when they drop off their children. She thought the bubble might mitigate
some of the highway noise. She said the most important thing to remember was that this was
temporary and can be called up and so she said she was in favor of the temporary bubble
structure.
Tom Weber said he was in favor of the rezoning and he said the GU Zone District would provide
more review for all uses. He said he was in favor of a conditional use with conditions that they are
all in agreement with. He asked if this would grandfather in other uses.
Brent Wilson said the ice rink, restaurant and sleighrides.
Tom Weber asked if all the uses expire in two years.
Brent Wilson said that would be up to the Board.
Tom Weber wanted to place an erection time on the bubble, as it would be important for the public
to know that.
Brent Wilson said 4 months would make it seasonal.
Jim Heber said 5 months would be the maximum, with 2 weeks to put it up and 1 week to take it
qown.
Tom Weber said the structure would provide less of an impact to the neighborhood than what is
there cunently.
Chas Bernhardt said the parking would not be a problem. He said the issue was the quality of life
and two years was an acceptable alternative.
Galen Aasland thanked the public and said he was in favor of the rezoning. He said he was
distressed that the Vilar Center went down valley and we needed to continually invest in our Town.
He said limiting the number of years was applicable. He said with lighting, noise and parking
conditions, he could vote for this.
Planning and Environmental Commission
Minutes
September 25,2000
John Schofield made a motion to recommend approval of the rezoning to the Town Council, in
accordance with the findings in the staff memo, with 1 condition that the applicant must process
(PEC) and record (Eagle County) an approved final plat to reflect the amended zoning district
locations prior to construction of the facility.
Tom Weber seconded the motion.
The motion passed by a vote of 6-0.
John Schofield made a motion to table the minor subdivision portion until October 9, 2000
Tom Weber seconded the motion.
The motion passed by a vote of 6-0.
John Schofield made a motion for approval of the Conditional Use Permit with g conditions:
1. All mechanical equipment associated with the rink must be fully screened. lf
possible, the equipment should be moved to the north side of the rink.
2" lf traffic or parking issues arise, the approval will be called up for additional review
by the PEC.
3. The noise output of the rink and its associated equipment wlll be the lesser of the
55db (day) /50db (night) output allowed under the town's noise ordinance, or the
existing noise output of l-70 traffic. This will be confirmed by town staff with noise
monitoring equipment.
4. The parking lot must be maintained at all times for use at full capacity (110 spaces).
No snow storage (or business activities) can be accommodated within the parking
lot.
5. This conditional use permit will be valid between the dates of November 1st through
April 1st (annually) from 7:30 a.m. to 11:00 p.m. daily.
6. This approval is for a limited time period beginning November 1st, 2000 and ending
April 1st, 2002.
7. Full compliance with Town building ordinances and the Uniform Building Code must
be demonstrated by the applicant.
8. Scheduling and use of the rink (through the Vail Recreation District) will be open to
the general public.
9. As required under the proposed General Use zoning, any future additional land uses
or activities on this site must go through the conditional use permit review process.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 6-0.
2. A request for a final review for a minor subdivision to allow for the reconfiguration and
replatting of two existing lots and the rezoning of Lot 16, Bighom 2no Addition, from
Agricultural & Open Space to Two-Family Primary/Secondary Residential, and the rezoning
Planning and Environmental Commission 8
Minutes
September 25, 2000
o
of Tract A to Natural Area Preservation District, located at 3886/3896 Lupine Drive/Lots 15
& 16, Bighorn 2"d Addition.
Applicant Wilson Family Trust, represented by Jay Tschimer, First Land Development,
LLC Planner: George Ruther
Tom Weber stated for the record, that the applicant met with his employer about archrtecture, but
the applicant did not retain his firm and so he doesn't feel he has any conflict.
George Ruther gave an overview of the staff memo.
Chas Bernhardt asked about the on-street parking.
George Ruther said staff would recommend informal parking for 1-2 cars to take the parking off the
street.
Galen Aasland asked if the applicant had anything to add.
Jay Tschirner, representing First Land Development LLC, said the waterfall was not in the
previously dedicated open space and he said he would like to see language recorded in the plat to
not allow development. He said most of the studies had been done by Art Mears who had done
the hazard regulations for the Town of Vail.
John Schofield asked what he thought about tabling this.
Jay Tschirner said, no, he would like a vote.
Galen Aasland asked if there was any public comment.
Tanya Stewart read the names of neighbors who had to leave or who were not present. She said
the neighbors had been active in making this a dedicated park. She said eight families wanted to
table this until October 9, 2000. She said that Mr. Tschirner finally talked to her last Wednesday.
Scott Ridler, owner of Lot 12, Bighorn 2nd, asked who assumed liability for the creek diverting with
any debris flow.
Tom Moorhead said if the water is not moved from its natural course, no one assumes liability.
Scott Ridler suggested purchasing Lot 11 for $90.000, as open space for access to the waterfall.
He said the lot had been for sale for 20-30 years and could tie it in.
Neil Muncaster, a neighbor, told why the waterfall was worth preserving and said that any
development there was hugging the red zone.
Jay Tschirner said that at 9 a.m., on August 22"d, ne met Mr. Stewart on the site. He also met with
Claudia Delude in her home during the same time period.
Tanya Stewart said that was not entirely conect, but we would like to pursue this in two weeks.
George Ruther said he had a meeting with Jay at 2 p.m. on this Wednesday.
Tom Weber asked George to explain his reason for limiting GRFA..
George Ruther explained the reason was in keeping it with the GRFA sizes in the other
subdivisions.
Planning and Environmental Commission
Minutes
September 25, 2000
Tom Weber said that Lot 15 was encumbered by the Town and so there was a vested value in Lot
15. He said that views from two separate structures would be less obtrusive than one large
structure.
Chas Bernhardt said to table this for better solutions.
Doug Cahill said since there was an issue among the neighboring homes which centered on the
building envelopes, he would prefer to table this.
George Ruther said this met the minimum criteria for a subdivision and if this was tabled it would
add 4-6 weeks before it comes back again.
John Schofield had no comments.
Diane Golden said that this was the applicant's property and the neighbors concems were not
strong enough and that she was uncomfortable tabling this.
Galen Aasland said the developer has development rights., but given the hazards, if I had to vote
on this today, I would vote against it. He said the applicant could improve the application and
modify it to what George had suggested.
John Schofield made a motion to table this until October 9. 2000.
Chas Bemhardt seconded the motion.
The motion passed by a vote of 4-2, with Diane and Tom voting againsi.
3. A request for a final review for a major subdivision and variance from Section 12-68-5
(Minimum Lot Frontage) of the Town Code, to allow for the subdivision of Lot I into Lots 8A
& 88, located al1467 Aspen Grove Lane/Lot 8, Block 2, Lion's Ridge Subdivision Filing 4"
Applicant Robert Selby, represented by Braun Associates, lnc.Planner: Allison Ochs
Allison Ochs gave an overview of the staff memo.
Galen Aasland asked if the applicant had anything to add.
Dominic Mauriello summarized the major issues. He showed a revised grading plan showing that
two cars could safely pass with widening the road to 16' of asphalt. He said they had provided a
fire truck tumaround. He said they had provided retaining walls and explained the scale they used.
He said the two rock outcroppings were impacted less by moving the road 10'-12'. He said they
were looking at block similar to those used on Buffehr Creek Road to reduce visual impacts and
the DRB would review that. He said the guard rails would be what is seen typically, but again the
DRB would make its final call on that. He explained that the lighting would be low level
downlighting complying with the Town of Vail regulations and that the neighbors had voiced their
support for this proposal.
Allison Ochs said this was a preliminary plat and the final would be seen within one year.
Galen Aasland asked if there was any public comments. There was no public comment.
Doug Cahill said two 8,000 sq. ft. homes were very large and he said he would like not to see the
light source from Town or from the neighbors. He then asked about the turnaround.
Planning and Environmental Commission
Minutes
Sentember 25. 2000
10
oo
Dominic Mauriello said it was according to the Development Standards Handbook.
John Schofield had no comment.
Diane Golden said her concern was the turnaround and asked if Lot g would share the entrance.
Dominic Mauriello said there would be another entrance and went on to explain Lot 9.
Tom Weber said all concerns and requirements were met.
Chas Bemhardt had no comment.
Galen Aasland requested significant vegetation.
John Schofield made a motion for approval, in accordance with the staff memo, with the additional
condition that the DRB be asked to consider substantial revegetation on roadcuts with large walls.
Diane Golden seconded the motion.
The motion passed by a vote of 6-0.
4. A request for a minor amendment to an approved development plan (SDD #35), to allow for
a reduction in the number of parking spaces (and the conversion of these spaces into
common storage) at the Austria Haus parking garage, located at242East Meadow Drive/A
part of Tract C, Vail Village 1"' Filing.
Applicant Austria Haus Condo Association Planner: George Ruther
George Ruther explained what was required by the PEC
Galen Aasland asked for any public comments. There were no public comments.
Tom Braun asked for options.
John Schofield made a motion to table this until October 9, 2000.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 6-0.
5. A request for a recommendation by the Planning and Environmental Commission on a
proposed amendment to the Donovan Park Master PIan, generally located at the
intersection of Matterhorn Circle and the South Frontage Road.
Applicant Town of Vail, represented by Odell Architects, P.C.Planner: George Ruther
George Ruther gave an overview of the staff memo.
Galen Aasland asked if the applicant had any comments.
Ethan Moore of Design Workshop gave an update of the amended items on the plan.
Otis Odell said there were 6 public sessions to gather input over the last year.
George Ruther said this would come before the PEC once again for the conditional use permit.
Planning and Environmental Commission I I
Minutes
September 25, 2000
Galen Aasland asked if there were any public comments.
Guy Aero, a resident on lower Matterhom Circle, said he had no objection, but felt they had
shoehorned an awful lot of stuff on that space and said it was awful crowded
Tom Weber shared the same concern as Guy Aero, but said as these things came forward with the
conditional use, it would be a key site and so he was in favor of it.
Chas Bemhardt agreed with Mr. Aero and Tom Weber.
Doug Cahill said he would like to see ice.
John Schofield said it doesn't all fit and that he could vote either way and that was Council's
decision.
Diane Golden said she had no comments.
Galen Aasland said he was in favor of it.
Galen Aasland made a motion for a recommendation of approval, in accordance with the staff
memo.
John Schofield asked to amend the motion to have Council remove some of the densig in the
parK.
Tom Weber said he had a real concern with the technical aspects of getting all that stuff in.
Galen Aasland amended the motion to have the Town Council take an active participatory role in
determining the actual scope of what can fit into the park.
John Schofield said they were trying to jam too much into too litile.
Tom Weber said service, delivery and vehicular access would be challenging.
Galen Aasland said he felt this was fine, although some of the Commissioners felt it was too big.
Russ Fonest asked the design team to give a percentage of the total site that was developed .
Ethan Moore said 30% of the site coverage. He said in totality it was not congested, just where the
buildings were located.
Tom Weber said when the conditional use permit comes before us, we will address it at that time.
Tom Weber seconded the motion.
The motion passed by a vote of 5-1, with John opposed.
6. A request for a conditional use permit, to allow for a multiple-family unit on the first floor in
the LMU-1 Zone District, located at 380 E. Lionshead Circle, Unit 110 (Lodge at
Lionshead)/Lot 7, Block 1, Vail Lionshead l"rFiling.
Applicant ShacklefordProperties,lnc.Planner; Bill Gibson
WITHDRAWN
Planning and Environmental Commission
Minutes
SeDtember 25. 2000
t2
oo
7. Approval of August 28, 2000 minutes and September 11, 2000 minutes
Chas Bernhardt made a motion for approval of the August 28, 2000 minutes.
Doug seconded the motion.
The motion passed by.a vote ot 4-0-2. with John and Galen abstaining.
John schofield made a motion for approval of the september 11, 2000 minutes.
Chas Bemhardt seconded the motion.
The motion passed by a vote of 6-0.
8. lnformation Update
John Schofield made a motion to adjourn.
Doug Cahill seconded the motion.
The motion passed by a vote of 6-0.
The meeting adjoumed at 6:45 p.m.
Planning and Environmental Commission
Minutes
September 25. 2000
l3
o
PLAN
MEMBERS PRESENT
Site Visits :
MEMBERS ABSENT
1:30 pm
NING AND ENVIRONMENTAL tsstoN
PUBLIC MEETING SCHEDULE
Monday, October 9, 2000
PROJECT ORIENTATION-No Lunchl Community Development Dept. PUBLIC WELCOME i:00 pm
I
COMM
1. Mill Creek Road Parcel - South of 174 Gore Creek Drive
Driver: Brent
reI
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Ghambers 2:00 pm
1. A request for a minor subdivision of Lot 2, Section 8, Township 5 South, Range 80 West of the
Sixth Principal Meridian, informally known as the Lodge at Vail Exchange Parcel, to allow for the
creation of Lot 1 & Lot 2, Mill Creek Subdivision, generally located South of 174 Gore Creek
Drive.
Applicant: The Vail Corporation
Planner:Allison Ochs
2. A request for a final review for a minor subdivision to allow for the reconfiguration and replatting
of two existing lots located at 3886/3896 Lupine DriveiLots 15 & 16, Bighorn 2nd Addition.
Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC
Planner:George Ruther
3. A request for a minor subdivision of the property formerly known as the Tennis Court site and
Lionshead Skier Run-Out, now proposed to be called the Forest Road Parcel, located at 615
Forest Road/Unplatted.
Applicant: The Vail Corporation
Planner:Brent Wilson
TABLED UNTIL OCTOBER 23, 2OOO
A request for a final review of a conditional use permit, to allow for the construction of Phase I of
Donovan Park improvements, generally localed southeast of the intersection of Matterhom Circle
and the South Frontage Road.
Applicant Town of Vail
Planner:George Ruther
4.
TABLED UNTIL OCTOBER 23,2OOO
o
5. A request for a minor amendment to an approved development plan (SDD #35), to allow for a
reduction in the number of parking spaces (and the conversion of these spacei into common
s]o.r?q9)_.1t the Austria Haus parking garage, located aI242 Easl Meadow Drive/A part of Tract
C, Vail Village 1"'Filing.
Applicant: Austria Haus Condo Association Planner: George Ruther
TABLED UNTIL NOVEMBER 13, 2OOO
6' A request for a minor subdivision, to allow for the creation of a new parcel located at 1778 Vail
Valley Drive /,a cunently unplatted tract of land within Section 9, Township 5 South, Range 80
West of the 6'n P.M. directly north of Lot 3, Sunburst Filing 3 within the Vdil Cott Course. -
Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson
TABLED UNTIL NOVEMBER 13, 2000
7. A request for a minor subdivision, to allow for the vacation of lot lines, located at Lots 1-4. Block
H, Vail das Schone Filing 2.
Applicant: Town of Vail, represented by Nina Timm Planner: Allison Ochs
TABLED UNTIL NOVEMBER 13, 2OOO
L Approval of September 25, 2000 minutes
9. Information Update
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office located at the Town of Vail Community Development
Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing
lmpaired, for information.
Community Development Department
Published October 6, 2000 in the Vail Trail
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commis.ion Lor l>A atr il,ufr,
Community Development Department
rr? ro Fum
l-or t=e fl: ,U,\.
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("h lX ?erar.rro,rs\
October 9, 2000
A request for a final review of a minor subdivision to allow for the
reconfiguration and replatting of two existing lots and the rezoning of Lot
15, Bighorn Second Addition, from Two-Family Primary/Secondary
Residential to Single Family Residential, and Lot '16, Bighorn Second
Addition, from Agriculture & Open Space to Natural Area Preservation
District, located at 3886/3896 Lupine DriveiLots 15 & 16, Bighorn 2nd
Addition.
Wilson Family Trust, represented by Jay Tschirner, First
Land Development, LLC
George Ruther
Applicant:
Planner:
L
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urt
The applicant, the Wilson Family Trust, represented by Jay Tschirner, of First Land
Development , L.L.C., has submitted two development review applications to the Town of
Vail Community Development Department. The applications are for lhe resubdivision and
rezoning of two lots in East Vail.
A. MINOR SUBDIVISION
The applicant is proposing a minorsubdivision to resubdivide Lots 15 & 16 in the Bighorn
Subdivision, Second Addition. These lots are located at 3886 and 3896 Lupine Drive.
Lot 15 is currently 1.92 acres in size and Lot 16 is currently 2.89 acres in size. The total
size of the area under consideration is 4.81 acres. The purpose of the minor subdivision
is to create two new lots (15A & 158), each approximately lz acre in size and to establish
Lot 16, a tract of land 3.8 acres in size, to be dedicated to a third party (i.e., TOV, USFS,
Eagle Valley Land Trust). In addition, it is now the intent of the applicant to convey the
new lot 15 A to the Town of Vail or a land trust to be maintained as open space. The
creation of the two reconfigured lots will be accomplished by vacating the existing
property line between the existing Lots 15 & 16 and replatting two new property lines. A
reduced copy of the proposed plat has been attached for reference.
B. REZONING
The applicant is proposing to rezone the newly created Lots 15 A/B & 16, Bighom
Subdivision, Second Addition. According to the Official Town of Vail Zoning Map, Lot 1S
is cunently zoned Two-Family Primary/Secondary Residential and Lot 16 is zoned
^"c--
Clrh.roiA:
ToHg rD /d-r-DvJ Dlsc-'.r€6idJ rl.*.rr .?urr-:ii1,1--6 'F t-or-=. tsl lo
il.
Agricultural & open space. The applicant is proposing to rezone the newly created Lots
15A & 158 to Single-Family Residential and to rezone the newly created, undevelopable
Lot 16 to Natural {rea Pre5ervation District. The effect of rezoning Lot 16 to Natural Area
Pres'ervation is a down-zOning of property in the neighborhood. Atomplete analysis of
the resulting development potential can be found in section lv of this memorandum.
STAFF RECOMMENDATION
A. MINOR SUBDIVISION
The Community Development Department recommends approval of the request to
resubdivide Lots 15 & 16, Bighorn Subdivision, Second Addition. Staff's recommendation
for approval is based upon the review of the criteria outlined in section V of this
memorandum. Specifically, staff finds that the request complies with the applicable
criteria used in the evaluation of a minor subdivision request.
Should the Planning & Environmental Commission choose to approve the minor
subdivision request, staff recommends that the following conditions:
1. That the applicant ievises the plat, prior to recording with the Eagle County Clerk
& Recoideds Office, removlng all portions of the Red Snow Avaianche hazard
area from Lots '15A and 158.
2. That the applicant revises the plat, prior to recording with the Eagle County Clerk
& Recorde/s Office, so that the total allowable GRFA for the combined area of
Lots 15A & Lot 158 does not exceed 7,933 sq. ft, exctuding credits.
3. That the applicant executes an agreement with the Town of Vail to convey the
ownership of Lot 'l5A to the Town of Vail or a mutually agreed upon land trust and
that a second private purchase agreement be executed between the applicant
and Bill Stewart forthe sum of $100,000 to acquire Lot 15A prior to first reading of
an ordinance to rezone Lots 1 5A & B and Lot 16. lf the Town did not acquire Lot
15 A, then the second private purchase agreement would be executed and Lot 15
A would remain as open space.
4. That the applicant demonstrate prior to design review board approval that any
structure built on 158 can comply with both the Towns hazard regulations (i.e., not
adversely impact private or public property) and design guidelines.
5. Since zoning is parcel based in the Town of Vail, approval of the subdivision
should be conditioned on approval ofthe rezoning on second reading.
B. REZONING
The Community Development Department recommends approval of the request to
rezone Lots 15A & B and Lot 16, Bighorn Subdivision, Second Addition, to Single-Family
Residential and Nalural Area Preservation. Staff's recommendation for approval is based
upon the review of the criteria for a rezoning as outlined in Section Vl of this
memorandum. Specifically, staff believes that the proposed rezoning request will result in,
2
an appropriate land use designation given the site consideration and that the proposed
zoning is compatible with the goals and intent of the Vail Land Use Plan. Further, staff
finds that the rezoning request and resulting development potential is compatible and
consistent with the existing and potential uses in the vicinity and the Town of Vail
Comprehensive Open Lands Plan. Specifically, staff finds that pubhc access and a
significant portion of the land can be preserved as open space in a cost effective manner,
thus achieving the goal of the Comprehensive Open Lands Plan.
III. BACKGROUND
The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of County
Commissioners of Eagle County approved the platting as the property was then under Eagle
County jurisdiction. Lots 1 5 & 16 have remained in the cunent configuration since their original
platting.
The Bighorn Subdivision, Second Addition was annexed into the Town of Vail pursuant to
Ordinances '13 & 20, Series of 1 974 The annexation became effective on November 5, 1974.
Upon annexation into the Town of Vail, Lots 15 & 16 were zoned Two Family Primary/Secondary
Residential. Lot 15 remains to be zoned Two-Family Primary/Secondary Residential. Lot 16 has
been rezoned.
In 1976, the Town of Vail contracted with Arthur l. Mears to complete a Geologically Sensitive
Areas Study. For purposes of the study geologically sensitive areas were defined as snow
avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study the Town of
Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components
of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in i9Z7.
ln 1977, Lot 16, Bighorn Subdivision, Second Addition was rezoned. The lot was rezoned to
Agriculture & Open Space from Two-Family Primary/Secondary Residential. The request for the
rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson. According to the information
in the Town's file, the reason the rezoning was requested was because a restriction had been
placed on the warranty deed, dated September 1, 1972, prohibited habitable structures from
being built on Lot ',|6 for a period of twenty years (September 1, 1992).
ln 1 978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations is to help
protect the inhabitants of the Town from dangers relating to development of flood plains,
avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land
areas which may be geologlcally sensitive; and further to regulate development on steep slopes;
to protect the economic and property values of the Town, to protect the aesthetic and
recreational values and natural resources of the Town, which are sometimes associated with
flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage
to public facilities and utilities and minimize the need for relief in cleanup operations; to give
notice to the public of certain areas within the Town where flood plains, avalanche paths and
areas of geologic sensitivity exist; and to promote the general public health, safety and welfare.
ln 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Similar to the Geologic
Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan.
According to the Land Use Plan, Lots 15 & 16 are designated "low density residential". The
purpose of the low-density residential designation is to provide sites for single-family detached
homes and two-family dwelling units. Density of development with in this category would typically
not exceed 3 structures per buildable acre. Also within this area would be private recreation
facilities such as tennis courts, swimming pools, and club houses for thd use of residents of the
area. Institutional/public uses permitted would include churches, fire stations, and parks and
open space related facilities.
In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The objectives of
the plan are:
. To identify citizen and visitor needs and preferences for a comprehensive system of
open space uses such as parks, recreation, protection of environmental resources,
trails, and to reserye lands for public use;r To prioritize available open lands for acquisition or protection;r To identify creative strategies to implement the acquisition and protection program;r To define a management system to appropriately manage Town-owned open space
lands, and;
r To buffer neighborhoods with open space.
The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of
land that require some kind of action either for protection of sensitive lands, for trail easements,
or for public use. ln developing the plan, over 350 parcels were evaluated with 51 parcels on
which actions are recommended. The recommendations were developed utilizing specific
criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if
they met the stated objectives of the Town and its citizens and were an integral part of the open
lands system. Within the 51 parcels, there are five priority areas made up of a number of
recommended actions. These priorities are:
r Protect sensitive natural habitat areas, riparian areas, and hazard areas;. Extend the Vail Trail to East Vail and add several trailheads to access the trail;r Add a new trail on the north side and western half of Town to connect existing
trailheads and neighborhoods;r Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail opportunities and provide better access to Gore Creek;. Add bike lanes to the north and south frontage roads and add paved shoulders to Vail
Valley Drive.
To date, the Town of Vail has taken action on over 40 of the 51 parcels identified for action in the
Plan.
The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot 16,
Bighorm Subdivision, Second Addition as "Parcel 41" tor implementation purposes. Parcel 41 is
classified as a "High Priority''. The high priority classification is based upon the Town's desire to
acquire both the development rights and trail easements for the proposed South Trail extension.
The plan also notes that Parcel 41 is located in a geologically sensitive area. Strategies for
protecting Pareel 41 include acquisition through a fee simple purchase, purchasing the
development rights, andior acquiring an access easement through the parcel.
As a high priority classification, Parcel 41 meets both Level One and Level Two Evaluation
criteria. Level One Evaluation focuses on meeting community needs relating to the natural
resource system, the recreation system, trails system, and reserving lands for future civic/public
uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the
threat of development or irreversible damage, opportunities to leverage other funds, cost,
unusual opportunity with a motivated seller, opportunity for trade with the USFS, low
management requirements on the Town of Vail and low liability to the Town.
In 1995, the Town.of Vail Community Development Department sent conespondence to the
owner of Parcel 41 (Lot 16). The purpose of the letter was to gauge the level of interest of the
property owner to sell Parcel 41 to the Town of Vail. The property owner expressed no interest
and no further communications have taken place. The Town of Vail has never made a formal
written offer to purchase Parcel 41.
Research into the Town of Vail Zoning Map indicates that there are twenty properties in the Town
of Vail zoned Agricultural & Open Space. Of these twenty properties seven are privately owned.
The other thirteen properties are either publicly owned (TOV/USFS), owned by Vail Associates
and restricted as dedicated open space as part of the original subdivision, or owned in common
by a homeowner's association and restricted as dedicated open space. Of the seven privately
owned properties, three are legally platted subdivisions. One of the legally platted properties is
Lot 16.
The Town of Vail Zoning Code prescribes the land development regulations for development
within the Town. The following code sections are particularly relevant lo the evaluation of the
applicant's proposal.
Chapter 6 - Single-Family Residential
Chapter 6 - Two-Family Primary/Secondary Residential
Chapter 8 - Agricultural & Open Space
Chapter 21 - Hazard Regulations
Copies of each of the code sections listed above have been attached for reference.
At the Planning & Environmental Commission worksession meeting on August 28, 2000,
discussion arose regarding the development history of Lot 11, Bighorn Subdivision, Second
Addition. Lot 11 is generally located to the north and west of Lots 15 & 16. The following is a
summary of the information contained in the Town's files:
. There are three geologic hazard analysis reports in the file. Each report identifies the same
geologic hazards on the site; high severity rock fall, debris flow, and blue snow avalanche.
All three of the reports suggest possible and potential hazard mitigation measures; earth-built
structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall
protruding at least six feet above finish grade and "splitting wedges".
. A variance application for an avalanche mitigation wall was submitted to the Town of Vail. On
May 10, 1982, the Planning & Environmental Commission held a public hearing to evaluate
the variance request. The Commission's primary concern with the proposed mitigation wall
was the potential negative impacts it may have on the adjoining lots. The Commission
requested that a site-specific avalanche flow path study be completed. A study was never
completed and the applicant subsequently withdrew the request.
o
IV. ZONING ANALYSIS
The purpose of the Zoning Analysis is to provide a written comparison of the existing
development rights of Lots 15 & 16. The analysis also provides a comparison of the lot sizes,
allowable GRFA, and geologic hazards associated with other properties in the same
neighborhood.
LOT 15, BIGHORN SUBDIVISION, SECOND ADDTTION
EXISTING PROPOSED
(Two Family Primary/Secondary Residential) (Single-Family Residential)
Lot Size: 83,653 sq. ft. 15A 20,887 sq. ft.158 28,555 sq.ft.
Density: 2DU+1Typell EHU 1DU+1TypeilEHU/Lot
GRFA: 7,933 sq: ft. + 500 sq. ft. (EHU) 'l5A 4,388 sq. ft. + SO0 sq. ft. EHU 158 5,155 sq. ft. + 500 sq. ft. EHU
Site Coverage: 16,731 sq. ft. 15A 4,070 sq. ft.(2oo/o) 158 4,537 sq. ft.
Setbacks: Front -20 ft. Same
Sides-15 ft.
Rear- 15ft.
Landscape Area: 50,192 sq. ft. 15A 12,212 sq. ft.(60%) 158 13,610 sq. ft.
Building Height: 33'maximum Same
NOTE: The existing Lot 15 is significantly encumbered by the Red Snow Avalanche hazard rende ng much
of the lot undevelopable. The buildable areaof Lot 15 is approximately 1,100sq. fi.
LOT't6, B|GHORN SUBDIV|S|ON, SECOND ADDIT|ON
EX|STTNG PROPOSEP
(Agriculture & Open Space) (Natural Area Preseruation)
Lot Size: 125,797 sq. ft. 159,990 sq. ft.
Density: 1 DU + 1 Type ll EHU 0 DU
GRFA: 2,000 sq. ft. + 500 sq. ft. (EHU) 0
Site Coverage: 6,289 sq. ft. 0
(5%)
V.
Setbacks:Front -20 ft.
Sides-15 ft.
Rear- 15ft.
N/A
Landscape Area: N/A Same
Building Height:33'maximum
NOTE: The Natural Area Preservation Zone District has no development potential with the exceptlon of
parking areas, equestnan trails accessing the USFS trail system, interpretative nature walks, paveo and
unpaved bicycle and pedestrian paths, picnic tables and informal seating areas.
MINOR SUBDIVISION CRITERIA
A basic premise of subdivision regulations is that the minimum standards for the creation
of a new lot(s) must be met. This subdivision will be reviewed under Title 13, Subdivision
Regulations, of the Town of Vail Code.
A. The first set of criteria to be considered by the Planning and Environmental
Commission for a Minor Subdivision application is:
Lot Area: According to Section 12-68-5 of the Town of Vail Zoning Regulations,
the minimum lot or site size in the Single-Family Residential District is12,500 sq.
ft. of buildable area. There is no minimum lot size for the Natural Area
Preservation District.
Sfaff Response.'Each of the proposed lots (15A, 158, 16) complywith the
minimum lot area requirements of the respective zone districts
Frontaqe: According to Section 12-68-5 of the Town of Vail Regulations, each lot
in the Single-Family Residential District shall have a minimum of 30 feet of street
frontage. There is no minimum street frontage requirement for the Natural Area
Preservation District.
SfaffResponse; Each of the proposed lots (15A, 158, 16) complywith the
minimum frontage requirements. This is a change from the original application.
The applicant is now proposing to establish street frontage for Lot 16. previously,
the applicant had proposed a 12-foot access easement for accessing the waterfall
area.
Dimension: According to Section 12-68-5 of the Town of Vail Regulations, each
lot in the Single-Family Residential District shall be of a size and shape capable of
enclosing a square area 80 feet on each side within its boundaries. There are no
size and shape requirements in the Natural Area Preservation District.
Sfaff Response; The size and shape of Lots 15A & 158 comply with the minimum
size and shape requirements.
B. The second set of criteria to be considered with a Minor Subdivision application,
as outlined in the subdivision regulations, is:
The builen of proof shall rest with the applicant to show that the
application is in compliance with the intent and purposes af this Chapter,
the Zoning Ordinance and other pertinent rcgulations that the planning
and Environmental Commission deems applicabte. Due considerction shall
be given to the recommendations made by public agencies, utitity
companies and other agencies consulted under subsection j3-3-3C. The
Planning and Environmental Commission shall review the application and
consider its appropnateness ln regand to Town policies relating to
su bdivision control, densities proposed, regulations, ordinances a nd
resolutions and other applicable documents, errvirpnmentat integnty and
compatibility with the surrounding /and uses and other applicable
documents, effects on the aesthetics of the Town.
The Specific Purpose of the Subdivision Regulations is as follows:
1- To inform each subdivider of the standards and criteria by which developmenr
proposals will be evaluated, and to provide information as to the type and extent of
improvements required.
staff Response.' staff has reviewed the minor subdivision for compliance with the
applicable evaluation criteria. Upon the completion of our review the staff finds that the
proposed resubdivision of Lots 15 & 16, Bighom subdivision, second Addition complies
with the subdivision criteria.
2. To provide for the subdivision of property in the future without conflict with
development on adjacent land.
Staff Response.' The Vail Land Use Plan identifies Lots15 & 16 as areas for "low density
residential" development. According to the Vail Land Use Plan, the purpose of the ,,low
density residential" designation is to provide sites for single-family detached homes and
two-family dwelling units. The density of development within this category would typically
not exceed 3 structures per buildable acre. Buildable area is defined as that area of a lot
outside the 1O0-year floodplain, red snow avalanche areas and slopes less than 40%.
Lots 15 & 16 are the last lots to be developed in the area. over ihe years, the Bighorn
Subdivision, First and Second Additions have been developed in concert with ihe Vail
Land Use PIan as residential neighborhoods. The area has been zoned for single-family
and two-family primaryisecondary residential development. A majority of the lots in the
two subdivisions, as well as within much of East Vail, are within geologic hazard zones.
of the twenty-nine lots most immediate to Lots 15 & 16, all are located within a geologic
hazard zone (high severity rockfall), twenty-four are impacted by snow avalanche hazard,
and twenty-one are influenced by debris flow hazards. Most importantly, however, all
development on these lots is governed by the adopted Hazard Regulations in the Town of
Vail Zoning Regulations.
3. To protect and conserve the value of land throughout the Municipality and the value of
buildings and improvements on the land.
Staff Response; Staff does not believe that the minor subdivision of Lots 1S &16,
Bighorn Subdivision, Second Addition will have any negative impacts on the value of land
in the Town of Vail. Further, with the implementation of the Hazard Regulations as stated
in the Vail Town Code, staff believes that the value of any buitdings or improvements on
Lot 'l5A & B or the value of any existing or potential buildings or improvements in the
vicinity of the lots will be protected and conserved.
4. To ensure that subdivision of property is in compliance with the Town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among land
uses, consistent with Town development objectives.
Staff Response: As previously discussed, the staff has completed an analysis of the
minor subdivision proposal and finds that the application complies with the Town,s
ordinances. The proposed minor subdivision and subsequent use of Lots 15A & B for
residential development and the preservation of Lot 16 in a more restrictive configuration
and zoning designation insures that a harmonious, convenient and workable relationship
among existing and potential land uses will be achieved. Staff would recommend,
however, that the applicant amend the proposed lot lines for Lot 158 to remove all
portions of the Red Snow Avalanche area from the lot.
Staff believes that the minor subdivision furthers the development objectives of the Town.
One of the goals of subdivision regulations is to insure the reasonable and appropriate
development of land. Lots 15 & 16 were originally subdivided in 1963 under Eagle
County jurisdiction. In 1963, therewere no regulations in place prohibiting the subdivision
of land in geologic hazard areas. Given ihe curent regulations, it is likely that neither Lot
1 5 or 16, nor most of the other lots in the Bighorn Subdivision, First and Second
Additions, could be platted today in the Town of Vail. Staff believes that this minor
subdivision rcquest is an opportunity to improve the current platted situation and remove
those portions of existing Lol 15 & 16 impacted by geologic hazards from development
potential.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and
other public requirements and facilities and generally to provide that public facilities
will have sufficient capacity to serye the proposed subdivision.
Sfar?Response.' The Town of Vail Comprehensive Open Lands Plan identifies a public
purpose and recreational need of Lot16 (Parcel 41), Bighom Subdivision, Second
Addition. Staff finds that while the proposed minor subdivision does not convey all of the
existing Lot 16 to the Town of Vail, it does accomplish the goals and interests expressed
in the plan. The goal and interests expressed in the plan for Lot '16 are providing access
to the waterfalt and adjoining public (USFS) land and restricting development in the red
snow avalanche area. The proposed subdivision, with the revised lot lines, establishes
fee simple ownership of a piece of land connecting to the public street. This piece of Lot
16 will provide recreational access to the waterfall.
6. To provide for accurate legal descriptions of newly subdivided land and to establish
reasonable and desirable construction design standards and procedures.
Sfaff Response.'The proposed minor subdivision plat has been prepared in accordance
with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds
that the applicant has complied with the above-described criteria.
7. To prevent the pollution of air, streams and ponds, to assure adeguacy of drainage
facilities, to safeguard the water table and to encourage the wise use and
management of natural resources throughout the Town in order to preserve the
integrity, stability and beauty of the community and the value of the land.
Sfar? Response,' Staff believes the minor subdivision request complies with the above-
described criteria
M. REZONING CRITERIA
The Planning & Environmental Commission shall make the following findings before
recommending approval of a zone change request:
1) ls the existing zoning suilable with the existing land use on the site and adjacent land
uses?
Staff Response: Staff does not believe that existing zoning on Lots 1 5 & 16 is suitable
with the existing land use. Staff believes that a more appropriate zoning designation for
the majority of the site area is Natural Area Preservation. The portion of the site that is
cuffently zoned for development is the area that is most inappropriate for development
(Lot 15). Staff does believe, however, that the existing and potential land uses
sunounding the site are appropriate and reasonable (residential) and in compliance with
the Vail Land Use Plan. Staff also believes that if the inteni of the Comprehensive Open
Lands Plan, with regard to Parcel 41 (Lot16), is to preserve and protect the waterfall and
prevent residential development in lhe red snow avalanche area, then the proposed
rezoning accomplishes this goal. A visit to the site has determined that the waterfall is
located on Lot 15 not Lot 16. Staff believes that the most appropriate zoning designation
for the waterfall and immediate is Natural Area Preservation.
2) ls the amendment preventing a convenient workable relationship with land uses
consistent with municipal objectives?
Sfaff Response.' Staff believes that the proposed amendment to rezone the two lots will
not prevent a convenient workable relationship with land uses consistent with municipal
objectives. The Vail Land Use Plan designates the two lots as "low density residential".
The Town of Vail Comprehensive Open Lands Plan identifies Parcel 41as a high priority
acquisition. Staff believes that when the goals of these two plans are combined and
looked at collectively, the minor subdivision and rezoning requests results in compliance
with the Town's development objectives.
10
3)Does the rezoning provide for the growth of an orderly viable community?
star?Response.' staff believes thal the rezoning request provides for the growth of an
orderly, viable community. one of the goals of the Vail Land use plan is to provide for
additional growth in existing developed areas (infill). The sizes of the buildings that would
be permitted on Lots 15A & B would be consistent with the sizes of the existing homes in
the neighborhood. The average amount of allowable GRFA in the Bighorn Subdivision,
First and second Filings, is approximately 6,667 sq. ft. The average lot size is nearly
28,000 sq. ft.
ls the change consisteni with the Land Use Plan?
Sfal? Response;
Chapter ll of the Vail Land Use Plan outlines numerous goals and policies for the
development of land in the Town. The goals and policies reflect the desires of the
community as expressed during a series of public meetings that were held throughout the
development of the plan (1990). These goals are to be used as adopted policy guidelines
in the review process of new development proposals.
The following is a list of goals and policies of the Land Use Plan staff believes are
relevant to the proposed minor subdivision and rezoning requests:
General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serye both the visitor
and the permanent resident.1.2 The quality of the environment including air, water, and other natural resources
should be protected as the Town grows.
1.7 New subdivisions should not be permitted in high geologic hazard areas.1.12 Vail should accommodate most of the additional growth in existing developed
areas (infill).
Skier/Tourist Concerns 2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
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.5.2 Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriale
restrictions.
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
4)
11
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MEMORANDIIIT
October 3. 2000
Planning ard Enviroomental Commissioo
Bill, Tana and Wendy Stewan
{,or 15, 16 Bghorn Subdfuision, 2dAddition
DATE:
TO:
FROM:
SUBJECT:
Thar* You,
we are unitir,rq ro ggrress or{ sqoort 9f $e new proposar fjr devctopmeat of rhis parcel
:jo*59^Y:5.1*.HtF-"'Ej"buiHingenvaolpnrorrsa"ccoryw,a setet! fey objectiv€s l) 4-2 acrcs olopen spice r aaiie -+ea nnilt ntrr uEivE'"ors rc tr,e rvater&Il, 2) fte land will bc bS *as-is-, nori parh 3)no exidttg resia"q"* l;incr*a hazard codirionq 4) setbactss ard locatron presen; as ,*"li ,,iJw * p"Jf.-f. f* cu'err residortcs. r
This comp,roruise bas b€en difrcuft for borh rhe neighbors
rcpres€nlg a r*.in-wh for aIL
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[and Title Guarantee Company
CUSTOMEB DISTBIBUTIOI[
Date 06-15-2000 Our Order Nunrber: V269217-3
Property Address:
LOTS 15 AND 16. BIGHORN SUBDTVISION. SECOND ADDITION
JO FI.r FN NASH & COMP.q,NY
PO BOX 461
IST AND MAIN @ RTVERWALK #W106
EDWARDS. CO 81632
Aftn: HILUiRYHOBEL
Phonc: 970-926-7653
Fax: 970-926-7655
Sedt Via Courier***
HENRY J. TSCHIRNER, INDEPENDENT PROPRIETOR
29125 COUNTY ROAD I4A
STEAMBOAT SPRINGS, CO 80487
Phone: 970-E7l-1808
Fax: 970-926-6224
Sent Via US Postal Service
MARTIIA B. WIIJON
C/O JO ELLEN NASH AND CO.
P.O. BOX 461
EDWARDS. CO 81632
Phone: 970-926-7653
Fax: 970-92G7655
sent via courierr+*
FIRST LAND DEVELOPMENT. L,L.C.
39 MILLERS CIRCLE
P.O. BOX 20E3
EDWARDS, CO 81632
Ann: HENRY J. TSCIIIRNER, MANAGER
Phore: 970-9264?.28 |
Faxt 97O-YZG6Z24
Sent Via US Postal Service
I.AND TITLE GUAXANTEE COMPANY
OO3O BENCHMARK RD. #216, PO BOX 3480
AVON, CO E1620
Att[: Kathryn Shinn
Phone: 970-949-5099
Fan 970-949-4E92
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Land Title Guarantee Gompany
YOUR CONTACTS
Date: 06-15-2000
Property Address:
Our Order Number: V2692li-3
LOTS 15 AND 16, BIGHORN SUBDIVISION, SECOND ADDITION
Buyer/Borrower:
FIRST LAND DEVELOPMENT. L.L.C., A MISSOURI LIMITED LIABILITY COMPANY
Seller/Ormer:
]VIARTHA B. WILSON TRUST CREATED IN THE CHARLES STANLEY & MARTHA B. WILSON TRUST
DATED OCTOBER 18, T996
Note: Once an original commitment has been issued, any subsequent
modificatioru will be emphasized by underlining or comments.
If you have any inquiries or iequire further assistance, please contact one of the numbers below:
For Closing Assistance:
Katlryn Shinn
OO3O BENCHMARK RD. #216. PO BOX 3480
AVON, CO 31620
Phone: 9?0-949-5099
Fax: 970-9494892
EMail: kshinn@ltgc.com
For fitle i\ssistance:
Vail Title Dept./GB
108 S. FRONTAGE RD. W. #203
P-O. BOX -157
vArL, co 81657
Phone: 970476-2251
Fax: 9704764534
ESTIMATE OF TITTE FEES
Alta Owners Policy lO-17-92
Tax Report SCt# R012650
Tax Report SCI# R012025
$7,394.00
$7s .00
€7s.00
TOTAT $7,424 - 00
THANK YOU FOR YOUR OR.DER!
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Chicago Tide Insurance Company
ALTA COMMITMENT
Schedule A
Property Addrtss:
LOTS 15 AND 16, BIGHORN SUBDIVISION, SECOND ADDITION
Our Order No. V269217-3
Cust. Ref.:
1. Effective Date: May 22. 2000 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA' Owner's Policy 10-17-92 $525,000.00
Proposed Imured:
FIRST LAND DEVELOPMENT, L.L.C.. A MISSOUzu LIMITED LIABILITY COMPANY
3. The estate or interest in the land described or rderred to in this Commitment and coyered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
MARTHA B. WILSON TRUST CREATED IN THE CIIARLES STANLEY & MARTHA B. WILSON TRUST
DATED OCTOBER 18, 1996
5. The land referred to in 'his Cornmitment is described as follows:
LOTS 15 AND 16, BIGHORN SUBDMSION, SECOND ADDITION, ACCORDING TO THE RECORDED
PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.
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ALTA COMMITMENT
ScheduleB-Secdonl
(Requirements) Our Order No. V2692L7 -3
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mongago{s of&e fulI consideration for the esate or
interest to be insured.
Item (b) Proper instrumeft(s) creating the estate or .ioterest to be insured mu$ be executed an<! duly fiied for record,
to-wit:
Item (c) Paymelt of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
I. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TA-X HAVE BEEN SATISFIED.
2. WARRANTY DEED FROM MARTHA B. WILSON TRUST CREATED IN THE CHARLES STANLEY &
MARTHA B. MLSON TRUST DATED OCTOBER 18, 1996 TO FIRST LAND DEVELOPMENT,
L.L.C., AMISSOURI LIMITED LIABILITY COIvIPANY CONVEYING SUBJECT PROPERTY.
NOTE: AFFIDAVm RECORDED MARCH 08, 2000 UNDER RECEPTION NO.'/24321
DISCLOSES MARTHA B. WILSON, CHARLES S. WLSON, JR AND KATHLEEN E. WILSON
AS TRUSTEES WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWTSE DEAL
WITH INTERESTS IN REAI PROPERTY FOR SAID TRUST.
NOTE: ARTI.LES OF ORGANIZATION FILED WITH THE SECRETARY OF STATE OF
MISSOURI DISCLOSE P. STEPHEN BUNYARD AS MANAGER OF FIRST LAND DEVELOPMENT.
L.L.C.. A MISSOURI LIMITED LIABILITY COMPANY. APPROPRIATE DOCIJMENTS MUST
BE EXECUTED BY SAID MANAGER.
ALTA C OMM ITM ENT
Schedule B - Section 2
(Exceptions) Our Order No. V269217 -3
The policy or policies to be issued will contain exceptions to the follorving unless the same are disposed
of to the satisfaction of the Company:
1. Rights s1 gleims ofpanies in possessiou uot showtr by the public records.
2. Easements, or claims of easetnelts, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachnents, and any facts which a ccrrect suwey and
inspection of the premises would disclose and which are not shown by dre public records.
4. Any lien, or right to a lien. for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens encuurbrances, adverse claims or other matters, if any, created, first appearing in the public reconis or
attaching subsequem to the effe':rive date hereof but prior to the date the proposed insured acquires of record for
value the esmte or iDterest or mortgage thereon covered by this Comnriunent.
6. Taxes or special assessments which are not shown as existing liens by the putriic records.
7 . Liens for unpaid water and sewer charges, if any.
8. In addidon, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B irereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAT\,{E BE FOUND TO PENETRATE OR INTERSECT THE PREIvIISES
AS RESERVED IN UMTED STATES PATENT RECORDED APRIL 28. I9OO. IN BOOK 18 AT
PAGE 477.
IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
T]NITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, I9OO,
IN BOOK 48 AT PAGE 477.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ONGIN UNLESS AND ONLY TO THE
EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF
THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE ACAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED
DECEMBER 20, 1962, IN BOOK I74 AT PAGE 403 AND AS AMENDED IN INSTRUMENT
RECORDED SEPTEMBER 19. 1963. IN BOOK 1'15 AT PAGE257.
12. A TEN PERCENT NON-PARTICIPATING ROYALTY IN AND TO THE PROCEEDS DERIVED FROM
THE SALE OF MINERALS, ETC., PRODUCED AND MINED FROM SAID PREMISES, ALL AS
SET FORTH AND RESERVED IN INSTRUMENT RECORDED TN BOOK 166 AT PAGE 407.
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ALTA COMMITMENT
Schedule B - Section 2
@xceptions) Our Order No. y269Zl7-3
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
13. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE
RECORDED PLAT OF BIGHORN SUBDIVISION. SECOND ADDIfiON.
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LAND TITLE GUARANTEE COMPANY
DISCLOSTJRE STATEMENT
Required by C.R.S. 10-11-122
A) The subject real property may be located in a special taxing district.
B) A C3rtificate of Taxes Due listing each taxing jurisdiction may be obtaiued from the County
Treasurer's authorized agent.
C) The information regarding special districn and the boundaries of such districts may
be obtained from the Board of Countv Commissioners. the Countv Clerk irnd Recorder. or
the County Assessor.
Effective September 1,1997, CRS 30-10-406 requires that all documents received for recording or tiling in the
clerk and recorder's offlce shall contain a top margin of at least one inch and a left, right and bottom margin of
at lease one half of an inch. The clerk and recorder may refuse to record or file ury document that does not
conform, except that, the requirement for the top margin shall not apply to documents using fonls ou which
space is provided for recording or filing information at the rop margil of the document.
Note: Colorado Division of Insurance Regulation-s 3-5-1 , Paragraph C of Article ViI requires that " Every
title entity shall be responsible for all matters which appear of record prior to the time of resording
whenever the tide endty conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was ckrsed". Providetl that Land Title Guarantee
Ccmpany conducts the closing of the insured trarlsaction and is responsible for recording the
legal documents ftom the transaction, exception numher 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Alfirmative mechanic's lien protection for the Owner may be available(typically by deletion
of Exception no. 4 of Scheduie B, Section 2 of the Commitrnent from the Owner's Policy to be
iszued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitrnent musr be a single family residence which
includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitnent within the past 6 nonttrs.
C. The Company must receive an appropriate affidavit indernnifying the Company against un-filed
mechanic's and material-men's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to
be purchased within six months prior to the Date of the Comrniment, dre requirements to obain
coverage for ulrecorded liens will include: disclosrre of certain constuction information;
fin:urcial infonnation as to the seller, the builder and or the contractor; payment of the
appropriate premium fully executed lndemnity Agreements satisfactory to the company, and,
any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage will be given under any circunstances for labor or material for which the insured
has contracted for or agreed to pay.
Nothing herein contained will be tleenred to obligate the conpany to provide any of the
coverages referred to herein unless the above conditiorrs are fully satistied.
Thursday, July 27 ,2000
George Ruther
Senior Planner
Town of Vail
Hand Carry
3886 and 3896 Lupine Drive
Adjacent property owners:
3897 A Lupine Drive
David E., Alfred E., Darren D. and Befty J. Thompson
130 Gaylord
Denver. CO 80206
3897 B Lupine Drive
' Maureen M. Stevenson Living Trust
7242 Old Post Road
Boulder, CO 80301
Additional owners attached:
3916, 3876 A, 3876 8,3877,3887, 3907
Sincerely,
JO ELLEN NASH AND COMPANY
POB 2083
Edwards, CO 81632
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, Meyer Land Systems I
Eagle, CO 81631
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,) .t l . Re D7edands.Analysis: I-ots 15 and 16 Lupine Drive, East/Vail ' . /
I i t' l 'i / I ,'t Dear 'l ed,
\ ,I ',l
' ' At your reqiiest Montane Environmental Solutions Lpd(Montane)-i.itda Lots 15 and, 16,-:, Lupine Drive, East Vail (Site). The purpose of dre visir was ro determine if the paramerers
'.hFtmeetthecriteriaofa'jurisdictional.wedand(.thoseunderthejuiisdictircnoftheUS
Ar-y Corps of Engineers) wer€ present on the Site.ps or Engrneersl we{e present on the 51te. i
lv,sis, I-ots 15 and 16 Lupine Drive, East/Vail '. \ .'
't 'i I I i ,
' , ', ) ' / | .
' tl: 51* reconnaissance,.on July 7,2000, involved identifiringvegetarion cover for presence
rl
' sxtPrated soils. It waB our, finduig, that the 4-acre vacant property was dominaied upland ' grasses anil forbs. Isolated' stand of shrub,willows rryere gresenr but the understory did not ;
indicatethepresenceof hydric,cbndirions,r r,. . i . / i I
Monane noted the oi
apparently just out
studv area. No wedands were located on Site, within the srudy area-outlirr.i to Monrane.
asiociated with a minor stream diversion in dense aspen woodland. However, Meyer
surveying flagged rhe extent o{ the study area on site an *t ** "on".""rrt il; ;;r;f i;
l
I
i
RECENTq-
MEYER LAND SYSTEMS. {NC.
ARIHTIR I. MEARS, P.E., INC.
Nanrd Hazards Consultants
555 County Road 16
Gunnison. Colorado 81230
TeVFax: 970-641-3236
srtmEaJs@rm.ii.com
Mr. Jay Tschirner
Resort Radio, lnc.
First Land Development
P.O. Box 2083
Edwards, CO 81632
RE: Avalanche and geological hazards analysis, Lots 15 & 16, Bighorn
Subdivision 2no Filing
Dear Mr. Tschirner:
As you requested, I have completed a site-specific analysis of snow-avalanche,
debris flow, and rocKall hazards affecting the above-referenced lots in Vail.
Although geological hazards do exist and are fairly extensive on these lots,
certain limited areas can be built upon with mitigation, consistent with the Town
of Vail Hazard Ordinance.
Please contact me if you have any questions.
Arthur l. Mears, P.E.
Avalanche-control engineer
Encl.
c_q_'.CL--U^ k'\(ot-
Mats Wasting . Avalaaches . Avalqchc Contml Enginecddg
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75 Srxdrfiuilqg:enod
Vdl, Cqlado 81657
97b479-213E
fi,x97b479-2152
wrnr..clwllco.w
78479 I 2452 FAGE tl I
toue21,2000
Mr-IEySchhm
Frst lmd DeveloBnec, LLC.
t-O- Bor20E3
Etfmtds, Cdomdogl632
Rt ltesdubent Rarbr tro.!r* of r n:ryodte trd l!trrr SEbdivldoo
Dcarlry,
Th purpoec of ttk lc{tcr is !o FtA/idt yu rith utritn* doomerrarioo of or tetrephre oonve{r$hn of
Mudey, Irre 19F.
As r*s dithrtssd rlc pplorhro lcogih ofthp Toqn o'fVail'g rkrdogncm rtviow prooene for a posiblc
Eming od 6iror sbdivigico of L6 I Y I 6, Bighorn $bdividof i$ $ lo I rr€{'k+ Itc revierr proccss
nquire at leect o16 hoadry bcforc lie Tovm o'fvril Phnniry &Esvirunooel Counirsim end rt least
two.mi4s witt tu Veil Tom Cotncjl Tbc dwtioo of lhr rtvice Fffi 6dd bc irsnrsud should
snb*rntial areodocnts to 5nnr pmpocrl be rcqgfued- The 8to 9 wcct dowlqoat rta,im, process b€gbs
mce r ooqlet agplirliu is rcceivcd by mr dpldffit
Sorld yorr bw ery gadonc plt{sp do not hccilare ro nacb no by Hqhoac. Y{ru arorc dr rnr rnod
adly st4:i12t45.
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Msrrn l"nrvn SysrErrs, INc.
Professional Land Surveys
George Ruther, Chief of Planning
Town of Vail. Colorado
Mr. Ruther
This letter is intended to covey my personal and professional assurance that, with respect
to the Jay Tschirner subdivision submittal on Lot 15 and Lot 16, Bighorn Subdivision
Second Addition, I will deliver the Final Plat for review on or before Friday August 4th,
2000. Attached is the map depicting topographic, geologic hazard, and proposed Lot and
Tract configurations.
Please advise me of other requirements necessary (if any) to complete this application
submittal. I will be available August 1"'. Your discretion on that matter is greatly
appreciated.
Best Regards
Ted Archibeque
Project Manager,
Meyer Land Systems, Inc
902 Grand Ave., P.O. Box 3070, Eagle, Colorado 81631 . (970) 328-1900 o (FAX) 328-1901
Thursday, July 27 ,2000
George Ruther
Chief of Planning
Town of Vail
Department of Community Development
75 Frontage Road
Vail, CO 81657
Hand Carry
Re: 3886 and 3896 Lupine
Dear George,
Thank you for your assistance. First Land Development, LLC is requesting the
consideration of our applications for minor subdivision and rezoning of the above
property for the following reasons:
1) Preserve the proposed Tract A as a Town of Vail (TOV) Park. We are
prepared to convey through a GOCO grant or conceivably donate (subject to
fegaf and tax consequences) approximately 2.4 acres immediately below one of
the prettiest waterfalls in Colorado as well as a twelve feet wide public access
easement for the benefit of future generations. Rezoning will protect this tract
with a more appropriate land use designation. The remaining portion of Lot 15 is
appropriately zoned P/S.
2) Rezoning the remaining portion of Lot 16 is consistent with the neighborhood.
3) Building plans and intended improvements will meet all existing TOV design
guidelines. No variances are contemplated at this time.
Sincerely,
FIRST LAND DEVELOPMENT. LLC ffi\
Jay\Tschirner
POB 2083
Edwards. CO 81632
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IS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on August 28, 2000, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
I A request for a minor subdivision to allow for the reconfiguration and replatting of two existing
-1|.lgts and the rezoning of Lot 16, Bighorn 2"" Addition, from Agricultural & Open Space to Two-
IfFamily Primary/Secondary Residential, and the rezoning of Tract A to Natural Area Preservation Z\District, located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighorn 2no Addition.
Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ruther
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office, located at the Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientation and the site
visits that precede the public hearing in the Town of Vail Community Development Department.
Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published August 11, 2000 in the Vail Trail.
o
TH
?*," ,rrr MAY AFFE.T "or* ,*or*,
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section '12-3-6 of the Municipal Code of the
Town of Vail on September 25, 2000, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a minor amendment to an approved development plan, to allow for a reduction in
the number of parking spaces at the Austria Haus parking garage, located al 242 East Meadow
Drive/A part of Tract C, Vail Village 1'' Filing.
Applicant: Austria Haus Condo Association Planner: George Ruther
A request for a conditional use permit, to allow for a multiple-family unit on the first floor in the
LMU-1 Zone District, located at 380 E. Lionshead Circle, Unit 110 (Lodge at Lionshead)/Lot 7,
Block 'l , Vail Lionshead 1"t.
Applicant: ShacklefordProperties,lnc.Planner: Bill Gibson
A request for a final review for a major subdivision and variance from Section 12-68-5 (Minimum
Lot Frontage) of the Town Code, to allow for the subdivision of Lot 8 into Lots 8A & 88, locateo
al 1467 Aspen Grove Lane/Lot 8, Block 2, Lion's Ridge Subdivision Filing 4.
Applicant: Robert Selby, represented by Braun Associates, Inc.Planner: Allison Ochs
A request for a recommendation of the Planning and Environmental Commission on an
amendment to the Donovan Park Master Plan, generally located at the intersection of
Matterhorn Circle and the South Frontage Road.
Applicant: Town of Vail, represented by Odell Architects, Inc.Planner: George Ruther
A request for a final review for a minor subdivision to allow for the reconfiguration and replatiing
of two existing lots and the rezoning of Lot 16, Bighorn 2no Addition, from Agricultural & Open
Space to Two-Family Primary/Secondary Residential, and the rezoning of Tract A to Natural \ zrArea Preservation District, located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighorn 2no
-&Addition.
v Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ruther
The applications and information about the proposals are available for public inspection during regular
office hours in the project planneis office. located at the Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientation and the site
visits that precede the public hearing in the Town of Vail Community Development Departmenl.
Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published September 8, 2000 in the Vail Trail.
Q,, ,r=r MAY AFFEcr ror* ,*ort"
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on November 13, 2000, at 2:00 P M. in the Town of Vail Municipal Building. In
consideration of:
A request for a variance from Section 12-84-5 of the Vail Town Code ("Lot Area and Site
Dimensions") and a request for a minor subdivision, to allow for the crealion of two legally
platted "Agriculture & Open Space" zoned tracts of land, located at 615 Foresi Road / a iurrently
unplatted tract of land located in the North 7z of Section 7, Township 5 South, Range 80 West oi
the 6m P M.
Applicant: The Vail Corporation Planner: Brent Wilson
A request for a minor subdivision to allow for the relocation of the common lot line, located at
363 and 383 Beaver Dam Road, Lots 2 & 3, Block 3, Vail Village 3'd Filing.
Applicant: John L. Tyler Jr., represented by Braun and Associates Planner: Ann Kjerulf
A request for a final review for a minor subdivision, to allow for the reconfiguration and replatting
of two exisiing lots and the rezoning of Lots 15 & 16 from Agriculture Open Space and
Primary/Secondary Residential to Natural Area Preservation and Primary/Secondary Residential,
, / located at 3886i3896 Lupine Drive/Lots 15 & 16, Bighorn 2nd Addition.\a
,ff-Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC I Planner: George Ruther
A request for a minor amendment to an approved development plan (SDD #35), to allow for a
reduction in the number of parking spaces (and the conversion of these spaces into common
storage) at the Austria Haus parking garage, located a1242 East Meadow Drive/A part of Tract
C, Vail Village 1"'Filing.
Applicant: Austria Haus Condo Association Planner: George Ruther
A request for a minor subdivision, to allow for the creation of two tracts, located at ',|778 Vail
Valley Drive /.a currently unplatted tract of land within Section 9, Township 5 South, Range 80
West of the 6"' P.M. directly north of Lot 3, Sunburst Filing 3 within the Vail Golf Course.
Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson
A request for a minor subdivision, to allowforthe vacation of lot lines, located at Lots 1-4, Block
H, Vail das Schone Filing 2.
Applicant: Town of Vail, represented by Nina Timm Planner: Allison Ochs
A request for a minor subdivision, to allow for the division of a tract of land into two lots. and a
lequest for a rezoning from Residential Cluster District to Two-Family Primary/Secondary
Residential District, located al 1552 Matterhom Circle/SW % of Section 12, Township 5 South,
Range 81, West of the 6'n Principle Meridian.
Applicant: David G. Hilb Planner: Bill Gibson
,\-
a,.t
t, \--t lLL'tL,, LL^
'|flt tl,c'
\ "\ t{-
1,J
A request for a site coverage tran"" (Section 12-7A-g)and setback "t"" (i2-74-6), Vail
Town Code, to allow for a new front entry to the Mountain Haus, located at 292 E. Meadow
Drive/Lot 5, Part of Tract B, Vail Village 1"' Filing.
Applicant: Mountain Haus, represented by Fritzlen Pierce Architects Planner: Bill Gibson
A request for a recommendation to the Town Council for the adoption of lwo view conidors
within Lionshead, as identified within the Lionshead Redevelopment Master Plan. View Corridor
1 is located approximately at the main pedestrian exit looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the east end of the
Lifthouse Lodge looking south up the Gondola lift line. A more specific legal description of the
two view corridors is on file at the Community Development Department.
Applicant: Town of Vail Planner: Allison Ochs
A request for a worksession to amend the zoning regulations to allow for the creation of a new
zone district, the Housing Zone District.
Applicant: Town of Vail Planner: Allison Ochs
A request for a work session to discuss the establishment of a Special Development District and
a conditional use permit to allow for the construction of a new conference facility/hotel/fraclional
fee unit club and Type lll employee housing units at 13 Vail Road i Lot A, B, C, Block 2, Vail
Village Filing 2.
Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office, located at the Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientation and the site
visits that precede the public hearing in the Town of Vail Community Development Department.
Pfease call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone forthe Hearing lmpaired, for information.
Community Development Department
Published October 27,2OOO in the Vail Trail.
-Depanment of Communlty Developmant
75 S. Frontago Road
Vatt, GO 81657
t I
',/ll-c Receipt No.
o't"7r7/rc<,'
Please make checks payable to the TOWN OF VAIL
Account No.Item No.Code #Cost Each Total
001 0000 314 1110 Zoning and Address Maps z $s.00
001 0000 3141112 qlifelm Building Code - 1 997 - Volume 1&2 CB s50.95
001 0000 314 1112 Uniform Building Code - 1997 - Volume 3 $s7.20
001 0000 314 1112 International Plumbino Code - 1997 $36.00
001 0000 3141112 International Mechanical Code - 1998 UE'$3s.00
001 0000 3141112 Uniform Mechanical Code -1997 D!rJ. OU
001 0000 314 1 1 12 Uniform Fire Code $s6.00
001 0000 314 1112 National Electrical Code $37.00
001 0000 314 1112 Abatement of Dangerous Bldg.'s 1997 DV.YC
001 0000 3141112 Model Energy Code - 1995 $10.00
001 0000 314 1112 Analysis of Revisions to 1997 Uniform Codes $12.75
001 0000 3141112 Other Code Books
001 0000 3141211 Blue Prints/Mylar Copy Fees Er $7.00
001 00003141111 Xerox Copies XC $0.2s
001 00003141111 Lionshead Master Plan ($1.80/S1 .60)MS $40.00
001 0000314 1111 Studies, Master Plans, etc.MS
001 0000 315 3000 Penalty Fees/Fl+lnspections PN
001 0000 311 2300 Plan Review Re-check Fee ($40/per hour)PF
001 0000 31s 2000 Otf Hours Insoection Fees OH
001 0000 312 3000 Contractors License Fees
001 0000 312 4000 tlgl]|ppliclllqn Fee SP $20.00
001 0000 312 4000 Additional Sign Application F6e SP
001 0000 311 2200 DesigLRevierr/ Board Fee (Pre.paid)DR
001 0000 315 3000 Building Investigation Fee PN
001 0000 240 3300 Dev€loper lmprovement Agreemsrfl oeposil D2-DEp10 AD
001 0000 312 1000 Restaurant Ltcense fee {TOV)BL
001 0000 230 2000 SpT. Assess.-Restaurant Fee to Co.Dept.Rev iA
'001 0000 201 1000 Taxable @ 4.5% (State) - Tax peyabt€tr
'001 0000 310 1100 Tsxabl€ @ 4.0% (Town) - R€tail Sate3 Tar T7
Other/lvlisc. -MS
00.1 0000 311 2500 PEC APPLICATION FEES
001 0000 311 2500 Additional GRFA - "250'PV $200.00
001 0000 311 2500 Conditional Use Permit PV $200.00
001 0000 31 1 2500 Exterior Alteration - L€ss than '100 so. ft.PV $200.00
001 000031 1 2500 Exterior Alteration - More than 100 so. ft.PV $500.00
001 0000311 2500 |Special Development District - NEW D\/$1,s00.00 I
001 0000 311 2500 Special Development District - Maior Amend PV $1,000.00 l
001 0000 311 2500 Special Development District - Minor Amend PV $200.00 |
001 0000 311 2500 SuMivision Fees PV
001 0000 31 1 2500 Variance PV $250.00 i 001 0000 311 2s00 Zoning Code Amendments PV $250.00 I 252 L')t)
Re-Zonino PV $200.00 |af Aa ,au 001 0000 319 3100 Greenstar Prooram
Other -MS
IOTAL:4s0 . a<,,
Comments:q,- Jz .,t-- ,-,-r, Z
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W.I. and Trudy Thouas
,1027 hpiue Drive
Vail, CO.81657
PlaDniog ad Zoning Commissioo
Town of Vail CO
Aucust 24, 2000
Subjcct: Rc-zoning rcqucst for lob 15 & 16 on Lryinc Drivc
To Wbom It May Conccr:r:
Please enter into rhe miarnes as pat ofthc rccord qur letts of consem rcgarding the abovc refrrenced re-
zoniug of rhe zforenentioned lob,
We have lived ar 4027 Lrryine Drivc for 15 ycara, aud have very qnch eajo)rEd rhc scedc vicw and
opcnncss ftat bas beeu afforded u-s with ttese wo lots being vacant of any stuctures. We a.lso haw very
stong convictions as to oped spacc bcing protected aad sensitivity o the eovironmeot behg prcsr,rved
for future gcncratioas.
We are ruging you to norc $ m rhc rt-zoning rcquest bdore you. V/e aecd to bc responsiblc for
prcscrving operr rpace and uahues woadcrs for both those tbat livc in the area aud visil
Sincerely,n
\r.J+
effi--7Vz'"a+-'
Trudv Thomas
4-.,
To: Town of Vail Design and Review Board
Members of the Board,
My name is Mike Grant. I reside at 4026 Lupine Drive, vail. This letter is
in regards to the re-zoning of lots fifteen and sixteen, Lupine Drive in the
Bighorn Subdivision.
I have been a builder and developer in this area for several years. I have
always been environmentally sensitive to the over development of many of
our residential and commercial areas. I have learned that we need to live
and deveiop within our needs, not necessarily our desires to create more
financial stability.
The transferring of units of square footage from one parcel to another for
whatever reason is not living within the guidelines that we created.
To rape the land for square footage that cannot fit into a previously zoned
building envelope is like they say," trying to fit ten pounds of shit in a five
pound bag".
This area of Bighorn Subdivision is primarily single family and duplex
homes and has been created by the Town and the people of this community.
I highly oppose this project for more than what it was created for originally.
I personally re-zoned my own property from a duplex lot to a single family
lot to preserve a small part of what we all came here for, the serenity and
-
beauty of what this state has to offer. If we continue to allow over
development in environmentally sensitive areas, wE ALL LosE IN THE
END!
Thank You,
Michael Grant
I '' FRor,l i Garq/L i rda NcDaniel PH0NE NO. I s?A 4?6 7nA
?
Aug. 26 zAW lai47fr"l PI
&rea A- & ttr{D R. [cltanrw
405? LI'PINE DRIV'.:V lr., CorcRADo B1657-4816
(\7Ol476-7t7O
Auguet 19, 2000
TOV Planning & Eni'lEonmental Commission
,Re! Lots 15 & 16 Bighorn
It ds ny understandlng that a rezonlng and development request has been submitted and a hearing to c6nsider 6arne is schedured for 3:00 p.m. on August Zg.. ZO0O.
Although r an not. in cloee prorrmitv bo the rots 1n questlon,f an opposed to the rezoninS. Thesi lote eit on an alluvLal fan berow a rirneetone outcrop over whrcb,,frow water rn the Sprlng and accunulateg ice in the wtnter? fhle ivpe of proceee nakee the area hazardoug as to rock fall -no rrooli"sT*"[-"lid!(ln the event of, heavy precipitatron and/or r"fio snow thaw).
Pernitting structures ln this hazardous envlronment nakes the tOV liable in the event of a disaeter,
rt can happen and hasl consider the mudrsllde on Bald Mountarn,mud slide at the vail lacguet crub and the farling iock probrern north of I-70. These incldents cost the ToV (read itrat tne taxpayers )
T t/tould urge.you to dehy:.the appllcition. These lots have been cLassifled as non-buirdable ilue to traaira. r-fiive an-solutety no synpathy for those brlnt'ing tho appllc"Iiorr. rn my opinion they are slrnply trying to piofit by- changlng the ruIeB.
I would ask the Conmlssion thlet if we are going to change the. zonlng ln hazardous non*buirdabre area6, -th;; wrry srrorira we have.such zoning in the flrat plgce?
$-*.... R, ,)r4*p*^ig-
McDanieI
cc: TOV.Councll
I
On May 9, 2000 Mr. Bill Stewart called from Hong Kong to inquire if Lot 15
Bighorn Subdivision Addition 2 had been sold. Mr. Stewart is located at 3876
Lupine Dr, Lot 14 Bighorn Subdivision Addition 2.
He requested I put a note in the legal file for this lot stating the lot is unbuildable
due to being in ahigh hazard area. He had concerns buyers were not being told
this information.
Lynne Campbell
Office Manager, Community Development
REIIM/!jI(
Highland Ptopertieq U.c
65 Market
P.O, Box
Eagle, Co.
328-3050
81631
Fax:328-3051
DeoErnber3, 1999
Town of Vail
75 Souttr Fronbge Road
Vail, Co. 81657
DeerSirorMadam:
In preparlng inbrmation for a client of mine, I would like h document sorne zoning-inbrmation you
nave in yoir file on LoF 15 and 16 in tlre Bighom Subdivision, Semnd Addition. According to the
informat'in provided h me by The Town of Vail, Lot 15 end Lot 16, Bighom Subdivision, Second
Addltion, atd in tne uYellovy'' or Possible Avalanche Zone in your Avelancho Study done in 19&4 and
amended in September of 1990. lt is my understanding that hE Yellorrr Zone is less hazardous than
the Moderat€ 'ue Zone anct less hazardous than the High Hazard Red Zone on your Map Legend.
This,yellot, "Possible'AvalEnde Zonengya6sX further quantification of building hazards to be done
by a geological engineer and structural en$ieer_bebre,a building percan be issued.\uil f,lfulag
The client has requested confirmation on this-zoning sb he can move hnrard with the purchase of
theee t\ilo lote. P6ase sign below tlrat this is the information you have on the public record on Lot 15
and Lot 16 of tre Bighom Subdivlsion, Second Addition.
I appreciab your clarif,cation and cooperation in this matter. Please have one of your employees
confirm fils inbrmation by signing on the line belo,t/.
Conflrmed/Date
Sincerely,
Teri Lester. Broker Associate
FlLE coPy
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 t 38
I'AX 970-479-2452
Thursday, November 1 1, I 999
Claudia Deludc
3916 Lupine Drive
Vail, Colorado 81 657
Rc: Lot 15, tsighom Subdivisit-rn 2"d Filing
Dear Claudia,
As promised, in addition to rcsearching the development potential for Lot 16, Bighom Subdivision 2"d Filing, I also
researchcd the Town's propeny file for information on the development potential of Lot 15. Thc purpose of this
Ielter is to provide you wilh written documentation of the rcsults of my research.
According to thc Of-ficial Town of Vail Zoning Map, Lot 15 is zoned Primary/Secondary Residential. Pursuant to
Cbapter 8 of the Town of Vail Zoning Regulations, the permitted uses allowcd in the zone district are single-family
and two-family (duplex) dwellings. Wilh rega-rd to residential development, the maximum allorvablc Gross
Residential Floor Area (GRFA) permitted on Lot I5 is 9,158 squarc tbet (8,308 sq. ft. permitted + 850 sq. fr.
crcdits). The CRFA shall be apponioned pursuant to the pr0visions set forth in the Zon.ing Rcgulations. Site
coverage, the area of the lot covcred by the building, shall not cxcecd twcnty pcrcent (20%) of the total site area.
According to the Ot'ficial Town of Vail Hazard Maps, Lot I 5 is locatcd withtn a high severity rock fall zone, a ligb
hazard debris flow area, irnd a possiblc avalanche influence zone. The exact avalanchc hazard is clependent upon
furtlrer quantificatiou of ttrc haz;rd in a detail study. Any dcvelopment on the lot is subject to, and rray bc rcstricted
by, the Town's adopted hazard rcgulations, as outlined in Chapter 2 I of the Zoning Regulations. In fact, in a letter
contained within the Town's property file from Arthur I. Merus, P.E., to lvlr. Hillis Akins, dated Scptcmbcr 6,1979,
Mr. Mears states, ". . .crtrl rz connrend thul building be avoided on Lot.t I 5 and I6. Although it i,r po,rsihle that some
portion o./ tlrese lots tvottld he classilied as "moderate hazard", thus alloreing .specifically designetl huiltlings. the
homdaries of the uotlerale huzurd cannot he determined u'ithout u tletailetl sndy of the ovalanches topographlt 6n6!
d1,namics."
Copies of the Zoning Regulations scctions cited in this letter are availablc ar tbc Town of Vail Office of Community
Development upon requcst. In addition the information contained in the To\a'n's file on Lot 15, Bighorn Subdivision
2"0 Filing is of public rccord and can be reviewed and/or copicd at your request.
Should you havc any qucstions or need additional rntbnnation, plcasc do not hesitate to call or stop bv thc office. If
nsccssarv, vou can reach tlc bv tclephone at 4'79-2145.
Sinccrelv.
".#**,,*oRtu Senior Special Projects Planner
Torvn of Vail
{,2 ou"'"""o 'n"o
o
75 soulh tronlage rd.
Yall, colorado 81657
(303) 476-7000
department of community development
Decenber 17. 19Bz
l'li ke Cal I ahan
Canada's ReaI Estate
Vail, Colorado
. Re: Lot I5, Bighorn 2nd
Dear Mike:
This letter is to confjrm that'l ot'l 5, Bighorn Znd js zoned
Prinnry/Secondary and our records indicate that it is 9I ,1531
square feet. Based on that figure, the gross residential
floor area could be 8300 square feet subject to regulations
at the time of application.
This 'lot is 'located in a possible
studies will be required before a
on the lot.
ava'l anche area and further
structure can be p1 aced
Town P'lanner
PJ:br
r t
tol{tl.o l|flI
box 100
vail. colorado 81657
(3031 476-5613
department of community development
August 5, 1981
Davjd A. Feagin
1885 Ponder Heights Dr.
Colorado Springs, Co] orado 80906
Dear Mr- Feagin:
This'letteris to certify that lot 15 of Bighorn Subdivision'
2nd Addition'located in the Town of Vai'l is a buildable lot..
The 'l ot is zoned Residential Primary/Secondary and conta'i ns
sufficjent street frontage'to quaf ify as a duplex 1ot.
The lot contains 2.092 acres, or 9I,153 sq.ft. and will be allowed
2 units, one of which cannot exceed 40% of the tota'l allowable
Gross Residential Floor Area (GRFA). The total GRFA al'lowed on
the lot is 8307 sq.ft.
Your design.proposal must be approved by the Design Revjew Board
of the Town. Please contact our office for the current submittal
requirements for the Design Review Board. If you have any further
questions, please contact me.
ours,
Jr.
APP: df
A{ Peter Patten,
Senior Planner
I o^rrr, r. MEAR', p.E.
NATUFAT HAZARDS CONSUTTANT
222 Eost Gothic Avonuo
Gunnicon, Colorodo Al2S
(3(r}) 6d _3A6
Serrl.r.mlror A l oto ', L./1.,,
l{r. Hi-11is Akln
Box JJ02
Snowmass Resort, CO 8I6t5
Dear lvlr. Akin;
At your request I conducted a prelininary field. appraisal of the snow
)--tl -7_\ lQ-
avalanche hazard to lots 1J an
on September 5, 1979. ThesFtwo lots-Ere affected bv de si gn -magni tude avalanches in the "waterfa1l" avalanche path and are included. in an ava-lanche influence zone by the Town of vail. As a resul_t of rny i_nspection r offer the fo11owin6 general conunents regarding the }Jaterfall avalanhhe and the effects of this avalanche to Lots 7J and, 16. However, these conrnents shoufd. be considered to be tentative and possibly subject to revision i-n the event that a detailed study of the avalanche is cond.ucted..
The Waterfall Aval_anche
During very severe and infrequent conditions large dry slab avalanches will release fron large steep areas generally above 10,200 feet elevation in the upper portions of the avalanche path, and wifl ffow down the intermit-tend. stream course that produceq the waterfarl . A portion of the avalanche
mass will stop above the cliff bands in the forest, but a portion will also fall over the cliffs, entrain air, and probably reach Gore creek. Nearly all of Lo1" t6 and the eastern portion of Lot 1J will be covered. by such an avalanche. The resulting lmpact pressures, although not computed. through a consi-deration of the avalanche dynanics, would rnost 1ike1y be rel1 in excess of those for which buildings are usually designed., and. nay place Lol- t6 entirely within a "high hazard. zone."
I{et snow avalanches wifl also occur and wil-1 affect LoL !6, but because of their l-esser velocities can be deflected" to the west to^affect the western portion of Lot 1J. Thus major avalanches wi-11 probably affect all of Lot 16 and nost of LoL IJ.
R e cornmend-ati"ons
I concur with the Vail avalanche zoning rnap and. recornrnend that builiting be
avoid-ed. on Lots 1J and 16. Although it is possible that some portion of these lots wou1d, be classified. as "p6derate hazard.,', thus allowlng special_ly-designed. buildings, the boundaries of the nod.erate-hazard zone cannot be deternined without a detailed study of the aval_anche topography and. d.ynamics.
We appreciate the fact tlrat you have considered potential avalanche hazard.in your assessment of this property and hope to have the chance to work wj.th you in the future .
Sinnor-a] rr
C^+\,,^ 4 VWo^n
Arthur 1. Mears, PE cci Jin Rubin
Avolonche Dynomics, Defense, Zoning O Mountoin Torront Anoly3i3 O Slops Srobiiii