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HomeMy WebLinkAboutKATSOS RANCH LOT 1 VAIL MEMORIAL PARK PART 1 LEGALn/nn'7#,rWr Decign Review Board ACTIO]I FORII Depettment of Communlty Developm€nt 75 South Frontage Road, Vail, Colorado 81657 tel:970.479.2139 fe'j.970.479.2452 wsb: www.vailgov.comffirtwD6/ELg€r.t Proiect Description: Partcipants: OWNER TOWN OF VAIL oelzolz00's C/O FINANCE DEPT 75 S FRONTAGE RD VAIL co 81657 APPUCANT l-AM TREE SERVICE/CHIP DOMKE 0912012005 Phone: 476-3,100 PO BOX6444 VAIL co 81657 PrcjectAddrees: LocaUon: VAIL MEMORI,AL PARK tegal Description: Lot: 1 Bloclc Subdivision: KATSOS MNCH MINOR SUBDI Parcel Number: 2101-024-0200-1 Comments: SeeConditions Protectname: [;[ Aerc,n^l ?*l-, l.lotion By: Second By: Vote: Condidons: DRBNumber: DR8050500 FINAL APPROVALTO REMOVE DEAD AND BEETLE INFESTED TREES FROM THE VAIL MEMORIAL PARK. APPRO)CMATELY 15 TREES. BOARD/STAFF ACTION AC:Iilon: STAFFAPR Dab of Approval= 0912il2@5 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate revient committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activiUes. Cond: 201 DRB approval shall not become valid for 20 da1a following the date of approval. Cond:202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and onstruction is commenced and is diligently pursued toward completion. Planner: WarrenCampbell DRB Fee Paid: $25O.OO i Minor Exterior Alterations Application for Design Review Department of Community Development 75 South Fronbge Road, Vail, Colorado 81657 te| 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal reguirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building p€rmit is issued and construction commences within one year of the approval. Location of the Proposal: Lot:_Block:_ Subdivision: TOI4'Nffi d r)Physical Address: Parcel No.:(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) oa0o{ -'--t)i- iv1\ ru.<>(e >rY ,4+- L Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s): Name of Applicant: Mailing Address: D Signs E Conceptual Review LAIA -il 9ru ra (C.o Phone:cllo $50 Plus $1.00 per square foot of total sign area. No Fee retaining walls, etc. $20 For revisions to plans Design Review Board. No Fee already approved by Planning Staff or the tr D ,K tr tr New Construction Addition Minor Alteration (multFfamily/commercial) Minor Alteration (singlefamily/duplex) Changes to Approved Plans Separation Request For construction of a new building or demo/rebuild. For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvements, such as, re-roofing, painting, window addfions, landscaping, fences and retaining walls, etc. For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and RECD SEP 19 2OO5 (q\ {V\ornonwl 15 s - irc>r'r 1.r1.ot E-maif Address: ChQ Aornfte Q-- rax:@ Type of Review and Fee: $5s0 $300 y{t $20 For Office U,gqOnly: FeePaidt=-/2=:- / o-t7-6{DRBNo: UZBAsoJltx) TOI4N\IM MINOR EXTERIOR ALTERATIONS TO BUILDINGS AND SITE IMPROVEMENTS SUBMITTAT REQUIREMENTS General Information: This application is required for proposals involving minor e><terior alterations and/or site improvements. Proposals to add landscaping do not require DRB approval unless they involve the addition of patios, water features, grading, or the addition of retaining walls. I. SUBMITTALREOUIREMENTS** o Stamped Topographic Survey*' o Site and Grading Plan*o Landscape Plan*o Architectural Elevations*tr Elterior color and material samples and specifications.tr Architectural Floor Plansxo Lighting Plan* and Cut-sheet(s) for proposed fixturestr Title report, including Schedules A & B to veriff ownership and easementsx -o Photos of the existing site and adjacent structures, where applicable.o Written approval from a condominium association, landlord, and joint owner, if applicableo Site-specific Geological Hazard Report, if applicable*o The Administrator and/or DRB may require the submission of additional plans, drawings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. Please sabmit three (3) copies of the materials noted with an asterisk (*), **For interior conversions with no exterior chanoes, the submittal requirements include a complete set of e><isting and proposed floor plans, a title repo@ and written approval from a condominium association, landlord, and joint owner, if applicable. I have read and underctand the above listed submittal requirements: Proiect Contractor Date Signed \qsdf od r-^*nlu-+f* '(v{l.rltcaA \Nl \q Page 3 of L3106106105 h fe;r\4,riwA Topographic suryeyir Wet stamp and signature of a licensed surveyor. Date of survey. North arrow and graphic bar scale. Scale of 1"=10'or l"=20). Legal description and physical addressr Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 4Oo/o, and floodplain)o .Ijes to eristing benchmark, either USGS landmark or sewer invert. This information must be clearly stated on the suruey. PropertY boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner.o Show right of way and property lines; including bearings, distances and curve information.o Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title report. List any easement restrictions.. Spot Elevations at the edge of asphalt, along the street frontage of the propefi at twenty-five foot intervals (25'), and a minimum of one spot elevations on either side of the lot.. Topographic conditions at two foot contour intervals. Existing trees or groups of trees having trunls wlth diameters of 4" or more, as measured from a point one foot above grade.r Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.).o All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).r Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)e Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to the required stream or creak setback)r Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the site. Exact location of existing utility sources and proposed service lines from their source to the structure. Utilities to include:. Cable TV Sewer Gas. Telephone Water Electric. Size and type of drainage culverts, swales, etc,. Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250'in either direction from propefi. o Site and Grading Plan:. Scale of I"=20'or larger. Property and setback lines. Existing and proposed easementsr Existing and proposed gradeso Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. Indicate the foundaUon with a dashed line and the roof edge with a solid line.. All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades shown underneath all roof lines. This will be used to calculate building height.r Proposed driveways, including percent slope and spot elevations at the property line, garage slab and as necessary along the centerline ofthe driveway to accurately reflect grade.. A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill direction.r Locations of all utilities including s\isting sources and proposed service lines from sources to the structures. Page 4 of t3lo6lo6l0s rAt ,t A\, "t;x* I a ^/r ., .-t- c l-L,') ,J [. .l I +#': o 0712912003 Phone: 0712912(fr3 Phone: 0712912003 Phone: I I I i I / 75 S FRONTAGE RD vAIl- co 81657 License: 463-8 Location: Loh I Block: Subdivision: Katsos Ranch Minor Sub 210103401001 SEE CONDMONS BOARD/STAFF ACTIOI{ CD b FlltFv, ilouon By: Second By: Vote: CondiHons: DOUG CAHILL GEORGE I.AMB 6-0 Action: APPROVED Date of Apprcval: 09/08/2003 Cond: 8 (P|AN): No dtanges to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review commiftee(s). Cond: CON0006139 1. All future phases (24) of the Vail Memorial Park must be reviewed by the US Army Corps of Engineers prior to construction as appropriate. Cond: CON0006140 ' r-#) Prcject Name: Project Description: Participants: Project Address: Legal Description: Parcel l{umber: Comments: OWNER TOWN OF VAIL C/O RNANCE DEPT 75 S FRONTAGE RD vArLco 81657 License: APPUCANT TOWNOFVAIL C/O FINANCE DEPT 75 S FRONTAGE RD vArlco 81657 License: CONTMCTOR TOWN OF VAIL Planning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Cnlorado 81657 tel: 970,479.2139 faxi 970.479.2452 web: www.ci.vail,@.us MEMORIAL PARK PEC Number: PEC030038 CONDMONAL USE PERMIT FOR THE PORPOSED VAIL MEMORIAL PARK ON AN 11.13 ACRE PORTION OF THE IGTSOS RANCH OPEN SPACE jn- O\OO0xga .|, l! €* =.Yu)i RS 2. The Eagle nitVut", una Sanitation District has taken responSlDttity for the review of a raised boardwalk to span the 2G25 foot wide $rale into phase 1. The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submitted by Eagle River and Water and Sanilation District Vail Memorial Park FoundaUon for review and approval of the Design Review Board prior to @nsbuction. Cond: CON0006141 3. The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 2-4) prior to the construction of any future phases. Cond: CON0006142 4. The applicant shall require all groups over 25 people to use a shuttle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for inumment seMces. Cond: CON0006143 5. The applicant shall provide signage approved by Town staff during memorial events to clearly indicate that a memorial service is in progress and that cyclists should use caution. These signs should be located at the east trail head to l(atsos Fanch and 50 feet to the west of the Vail Memorial Park entrance on the KaEos Ranch recreationa I trail. Cond: CON0006144 6, The applicant shall pay for additional no parking signs along the Frontage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Depatment. Cond: CON0006145 7. The applicant shall receive approval for a staging plan from the Town of Vail prior to constuction being initiated on the Vail Memorial Pa*. Cond: CON0006146 8. The applicant shall retum to the Planning and Environmental Commission in one years time from the date of apprcval so that the Conditional Use Permit can be reviewed to evaluate the impacts on cirqllaton along the Frontage Road and to the us€ of the recreational trail. Cond: CON0006147 9. The applicant shall submit frrture phases to the Planning and Environmenbl Commission for review by the Crmmission to ensure that environmental impacts are adequately addressed in future phases. Cond: CON0006148 10,There shall be no maintenane, snow plowing, or inscriptions of memorial signs in the Vail Memorial Park between December lst and May 1st. Cond: CON0006149 ll.The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Randr Minor Subdivsion for cunently o<isting passive recreauonal uses. Planner: RussellFonest PEC Fee Paid: $650.00 (r'rr#^ {V Vail Memorial Park Foundation, represented by Sherry Dorward Russell Forrest SUMMARY The Vail Memorial Park Foundation has submitted three applications to create a memorial park on an 11.08 acre portion of the Katsos Ranch Park identified in the proposed minor subdivision as Lot 1, Katsos Ranch Minor Subdivision. This 156 acre parcef was purchased as open space by the Town of Vail in 1977 and is located just south of the East Vail exit from lnterstate 70. The applicant is requesting approval on a minor subdivision, rezoning to Outdoor Recreation, and a conditional use permit for a cemetery. The purpose statement of the Vail Memorial Park is: 'The Vail Memorial Park will serue to celebrate. remember and honorthe lives of the many people who have helped to define Vail through their experiences and contributions. By paying tribute to fhese drverse individuals, we will strengthen our sense of community, build upon our history and connect with others who share a spiritual passion and love for Vail." ff\ TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department September 8, 2003 A request for a final review of a subdivision of the Katsos Ranch property (unplatted), pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-88-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel of land located on in the southeast quarter of Section 2, Township 5 South, Range 80 West of the 6th Principal Meridian (proposed as Lot 1, Katsos Ranch Subdivision), and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department). Applicant: Planner: I. ,:. . .... . This.park involves the creation of a crusher fine walking path, rock memorial walls, arbheb'entry g4te, merirorial rocks, and stone benches. No structures or lighting are proposed as parttof th.is application. Staff is recommending'approval of these three applications in that this application is consistent with the criteria and findings identified in section lX of this memorandum. The applicant has provided responses to the Planning and Environmental Commission's issues identified at the August 25th meeting (Attachment F). . .i.,a... :II. DESCRIPTION OF REQUEST The Vail Memorial Park Foundation is requesting the following: 1. Approval of a minor subdivision to plat and subdivide the unplatted 156 acre Katsos Ranch property. This subdivision would result in an 11.08 acre property for the Vail Memorial Park or Lot 1, Katsos Ranch Minor Subdivision. lt would also create Tract A. Katsos Ranch Subdivision which would total 145 acres 2. Recommendation of approval to the Town Council for a rezoning of Lot 1, Katsos Ranch Minor Subdivision (the 11.08 acre Vail Memorial Park) from Natural Area Preservation to the Outdoor Recreation zone district 3. Approval of a conditional use permit for a cemetery which is a conditional use in the Outdoor Recreation zone district. The specific components of the proposal include: . A double track access gravel path (approximately 400 feet long in phase l) that connects the existing Katsos Ranch recreational trail to the memorial park. This path would also provide access for the park and Eagle River Water and Sanitation District maintenance vehicles. . A 3 foot wide (250 feet long in phase 1) trail around Phase 1 (All paths are a crusher fine trail). . Six memorial boulder walls benched into the natural topography at the toe of the slopes on the south side of the site for all 3 phases. Phase 1 will include two 50 foot long walls. All walls are less than 4 feet tall. . Natural stones for memorial engravings. . Memorial trees (Lodgepole and Blue Spruce) if irrigation can be provided to the site with the cooperation of the Eagle River Water and Sanitation District. o Arched entrance sign to the memorial off of the existing Katsos Ranch Trail south of the pedestrian bridge. o Burial and scattering of cremated human ashes. Casket burials will not be allowed on this site. ilt. The memorial park is proposed to be constructed in four phases as shown on the attached site plan (Attachment E). Phase 1 is intended to last for 10-20 years depending on demand. BACKGROUND In 1993, an exhaustive study was done to identify a site for a cemetery in the Town of Vail. Over 10 alternative sites were evaluated for land use, ownership, and environmental considerations. After a detailed study of the alternatives, the upper bench of Donovan Park was chosen as a preferred alternative. A design was developed and approved by the Town of Vail which included casket burials. This project was taken to the Vail voters in 1994 and was defeated. In 2001, a renewed effort in memorializing deceased Vail locals again became an interest. A committee was established to identify a prefened location and develop a plan for a memorial park. The committee established three major criteria for site selection: . Minimum 5 acres in size . Pedestrian and vehicular access . Not located directly adjacent to residential areas. After screening for those criteria, the following alternative sites were further reviewed. 1. Katsos Ranch 2. Spraddle Creek Trail Head 3. Streamwalk between the Covered Bridge and Ford Park Given the criteria mentioned above the preferred alternative was Katsos Ranch in that it was the furthest location from any residential area, had the appropriate size, and had good access. lt also was the quietest reflective space of the three alternatives. The Vail Town Council has reviewed the proposed design for the park and has voted to allow the Vail Memorial Park Foundation to apply for this use on Town land. On August 20,2003 the Design Review Board reviewed the project and voted 3-0 to direct staff to "staff' approve the project after all applicable Planning and Environmental Commission approvals have occurred. Planninq and Environmental Commission DISCUSION ITEMS FROM THE AUGUST 25. 2OO3 MEET!NG The following are discussion items for this topic: A. Intensitv of Use: The Planning and Environmental Commission was concerned about the intensity of use on the site. The primary concerns related to this issue were conflicts on the recreational trail and parking. The Planning and Environmental Commission was also concerned about the conflicts in the Environmental lmpact Report (ElR) on phasing capacity and comments made by J IV. the applicant on capacity. The EIR has been updated with the latest information on phasing, wetlands, and floodplain information. The applicant has provided responses to these issues in the attached letter (Attachment F). B. Parkino: Parking for memorial services can be accommodated to a limited extent at the trail-head parking area for the Katsos Ranch Trail. Eighteen parking spaces are provided at this location. However, staff believes that there is inadequate parking for groups larger than 30 people. Staff believes that the applicant should require larger services to park at remote locations and to provide a shuttle service to the site. The applicant is proposing to require a shuttle service for groups over 25 people. Furthermore, additional no parking signs may be needed along the Frontage Road. C. Recreation Path: Staff believes there could be some limited conflicts on the recreation path when a large memorial service is occurring. To avoid conflicts with bicycles on the path, staff would suggest that a temporary sign on the existing recreation trail be placed to the west of the memorial park and at the bridge to indicate when memorial service is occuning and for bicyclist to dismount during memorial services. The sign would be placed on the trail during memorial events. D. Wetlands: The Vail Memorial Foundation has been working with the Eagle River Water and Sanitation District (ERWSD) to enhance the existing wetlands on the site. Wetlands have been mapped and are identified in the wetlands study in the Environmental lmpact Report (Attachment D). As part of its approved 1993 plan to enlarge Black Lakes, ERWSD identified the Katsos Ranch property as a wetland mitigation site and committed to restoring 6 acres of wetlands on the site of which 3.5 acres are within the proposed boundaries of the Memorial Park. Although ERWSD has not yet been fully successful in re-establishing wetlands on the property, the designated mitigation sites fall under Army Corps of Engineers jurisdiction and Vail Memorial Park is obligated to avoid impacts in those areas as well (or apply for a 404 permit). Although the mitigation areas have not been surveyed and mapped, ERWSD consultants have flagged the edges of the mitigation site adjacent to Vail Memorial Park'sfirst phase. The only potential conflict isthe swale directly north of the primary development areas in phases 1-4, which is included in the mitigation area. The Army Corps of Engineers has informed the Town of Vail, the Vail Memorial Park Foundation, and ERWSD that spanning this swale with bridges or boardwalks would not impact the District's mitigation plan and would not require a permit. (Attachment F) Development of paths in phases 2-4 may require wetland permits, depending upon the long-term success of wetland restoration in the eastern portion of the Vail Memorial Park site. E. Floodplain: Staff acknowledged the need to verify the floodplain location at the last Planning and Environmental Commission meeting. Since the Planning and Environmental Commission reviewed the floodplain delineation on the site survey, Town staff has investigated further and has found that the 1O0-year floodplain covers a greater area than was previously identified (Attachment E). Section 12- 21-10 of the Town Code establishes relevant ouidelines: V. A. A- No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in Single-Family Residential, Two-Family Residential, or Two- Family Primary/Secondary Residential Zone Disfnbls. The term "structure" as used in fhr.s Secfion does not include recreational structures that are intended for seasonal use, not including residential use. E. The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, fo estab/t'sh that the work will not adversely affect adjacent propefties, or increase the quantity or velocity of flood waters. (Ord. 16(1983) $ 7; Ord 12(1978) S 4) After reviewing the floodplain maps, the proposed concept plan, and the above mentioned regulations, an Engineer with Peak Land Surveying has concluded that the proposed project complies with the Town's hazard regulations (see letter in attachment F). No structures are proposed anywhere on the VMP site as part of this application, and no grading is proposed that would increase the .quantity or velocity of flood waters." ROLES OF THE REVIEWING BOARDS Minor Subdivision As per section 13-4-2 C of the Town Code the Planning and Environmental Commission is the final decision making body on a Minor Subdivision. Any final decision of the Planning and Environmental Commission can be appealed to the Town Council. Rezoninq Town Council: The Town Council is the final decision making authority for a rezoning or a text amendment. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town council must utilize the criteria and findings identified in section Vl of this memorandum. Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for applying the criteria in section Vl of this memorandum and making a recommendation to the Town Council on a rezoning. Conditional Use Permit (CUP) Planning and Environmental Commission: B. c. Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission will make recommendations to the Town Council on rezoning land, text amendments, and modification of hazard designations. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Desion Review Board: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board proposal for: o Architectural compatibility with other structures, the land and surroundings. Fitting buildings into landscape. Gonfiguration of building and grading of a site which respects the topography. Removal/Preservation of trees and native vegetationr Adequate provision for snow storage on-site. Acceptability of building materials and colors. Acceptability of roof elements, eaves, overhangs, and other building forms. Provision of landscape and drainageo Provision of fencing, walls, and accessory structures. Circulation and access to a site including parking, and site distances. Location and design of satellite dishes. Provision of outdoor lighting. The design of parks VI. APPPLICABLEPLANNINGDOCUMENTS A. Town of Vail Zoninq Requlations Section 12-8C Natural Preservation (NAP) District The current zoning of the proposed Memorial Park site is Natural Area Preservation. The purpose statement for the Natural Area Preservation District is: Section 12-8C-1: The Natural Area Preseryation District is designed to provide areas which, because of their environmentally sensrllye nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in Seclion 12-8C-2 of this Article. The Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The Natural Area Preservation District includes lands having valuable wildlife habitat, exceptional aesthefrb or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting senstfive natural areas is imporlant for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view coridors, minimizing the isk from hazard areas, and protecting the natural character of Vail which r's so vlfal to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. (Ord. 21(1994) S 10) Section 12-88 Outdoor Recreation (OR) District The applicant is proposing to rezone Lot 1, Katsos Ranch Minor Subdivision to Outdoor Recreation. The purpose Statement for the Outdoor Recreation Zone District is: Section 12-88-1: "The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. (Ord. 21(1e94) S e)" B. Town of Vail Gomprehensive Land Use Plan The Comprehensive Land Use Plan designation for Katsos Ranch Park is Open Space. This land use category is defined as: "Passrye recreation areas such as greenbelts, stream conidors and drainage ways are the types of areas rn this category. Hll/srdes which were c/assffied as undevelopable due to high hazards and s/opes over 40To 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, permifted in this area would be institutional/public uses." Specific goals in the Comprehensive Land Use Plan that relate to this use include: 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows.2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space.6.1 Services should keep pace with increased growth. The plan also specifically discusses Katsos Ranch and states the following: "This parcel of land has been the subject of much community -wide discusslons srnce its purchase by the Town of Vail in 1977. The tract contains 1 46 acres (current survey shows area at 156 acres) and lies immediately east of the Vail Golf Course and south of Gore Creek. A Study was prepared in 1978 to examine the impacts of altemative development scenanos for the property. The alternatives ranged from a "do nothing" or "no development" scenario to the construction of an executive style golf course. The study concluded that a moderate level of development is fhe rnosl desirable for the site. This level of development would include a bike trail, running trail, cross country skiing trails, and picnic areas. Many o these improvements have been constructed and are used by area resrdenfs and tourists alike. Based on this expresslon ff is assumed that passive open space is the acceptable and appropriate use for the parcel. ' C. Town of Vail Comprehensive Open Lands Plan The Comprehensive Open Lands Plan does identify Katsos Ranch Park as a sensitive natural area as defined by the Natural Heritage Program. No specific actions or management recommendations are made for this specific parcel other than the creation of a south trail to the south of this parcel and on US Forest Service Land. After a US Forest Service review of a specific trail alignment, the Forest Service concluded that there would be significant challenges to approving this trail with Lynx habit in close proximity to this proposed trail. VII. ZONING ANALYSIS Legal Description: Lot 1, Katsos Ranch Minor Subdivision Zoning: (current) Natural Area Preservation District Zoning: (proposed) Outdoor Recreation District (OR) Land Use Designation: Open Space Lot Size: 11.08 acres Development Standard (OR) Allowed Proposed Parking: As per Chapter 10 18 Available Lot Area: Not applicable 20' from all property lines 400'from nearest 8 Setbacks: 21' flat!Z4' sloped Not applicable 5o/o property line No buildings 0olo (no buildings) VIII. SURROUNDING LAND USES AND ZONING Land Use Zoninq l-70 ROW & Residential Right of Way & Primary Secondary US Forest Service No Zoning Height: Density Site Coverage North: South: East: West: Residential Golf Gourse Primary Secondary Outdoor Recreation tx. A. REVIEW CRITERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Gode. 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: There is no minimum lot area for the Outdoor Recreation District. The proposed lot size is 11.08 acres. Frontage: There is no minimum frontage area for the Outdoor Recreation District. Dimension: There are no minimum dimensions for the Outdoor Recreation District. The proposed lot size for the Memorial Park is 11.08 acres. The remaining area identified as Tract A, Katsos Ranch Minor Subdivision is 145 acres. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-34, and is as follows: "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 peftinent regulations that the Planning and Environmental Commission deems applicable....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densrtles proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding /and uses and other applicable documents, effects on the aesfhetics of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 1 3-1-2 (C) are 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 believes that this proposal meets the standards and criteria for a minor subdisvision in the Town of Vail and that the plans provide clear information on the extent of the development. Furthermore no new commercial or residential development will result from this subdivision and the proposed used is consistent with the natural setting of Katsos Ranch. "To provide for the subdivision of property in the future without conflict with development on adjacent land." No land use conflicts are anticipated. The proposed site design is intended to blend into the natural landscape of Katsos Ranch Park and is over 1000 feet from adjacent residential property. The eastern portion of the site will be maintained and even enhanced as wetlands. "To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land." This proposal preserves the natural integrity of the land. No buildings are proposed for this project. No significant environmental impacts are anticipated. The applicant is working with the Eagle River and Water District to enhance the wetlands area on the site. The first phase of the Vail Memorial Park has no impacts on either existing wetlands or the proposed creation of wetlands by the ERWSD (See Attachment A for letter from ERWSD in applicant response to Planning and Environmental Commission issues). Future phases may require Corps of Engineers approval based on whether new wetlands are created on the site as planned. In evaluating the design of the Vail Memorial Park, no negative impacts are anticipated in terms of the value of adjacent properties. "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 believes that this project is designed in harmony with the natural setting of Katsos Ranch and does not create any environmental impacts or impediments to the recreational uses of Katsos Ranch. The applicant t0 2. 3. 4. o will need to provide notice on the recreational trail to trail users during memorial events to avoid conflicts. However, staff believes that trail conflicts can be mitigated with signage considering the anticipated number of memorial events per year. 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." The creation of the Vail Memorial Park will be a critical community asset. It will not have any significant impact on public infrastructure. 6. "To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures." A proposed plat has been provided with the application that is consistent with the requirements identified in Title 13, Chapter 4 of the Vail Town Code. 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 of the community and the value of the land." An Environmental lmpact Report has been prepared for this project. No significant impacts are anticipated. The major mitigation of impacts involves the strict regulation of parking at the site for groups over 25 people. Working cooperatively with the ERWSD it is possible to expand wetlands on the site beyond what currently exists. Phase 1 of the project will not conflict with any proposed wetland creation on the site. Also future phases should be reviewed by the Corps of Engineers to avoid conflicts once the precise boundaries of new wetlands are delineated as the result of this partnership. B. Rezoninq 1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. The Comprehensive Land Use Plan identified Katsos Ranch as Open Space. The Open Lands Plan also identifies Katsos Ranch as sensitive natural area. The proposed rezoning to Outdoor Recreation with the proposed Vail Memorial Park Plan is still consistent with the Town's comprehensive plans and l1 2l development objectives. The proposed plan protects the natural integrity of the Katsos Ranch Park. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. The proposed land use will not impact adjacent property owners. The closest home is over 1000 feet away from the Vail Memorial Park and is screened by vegetation. The proposed design of the Vail Memorial Park compliments the natural landscape and avoids impacts to existing wetlands. In fact, there is now the opportunity to enhance the existing wetland area on Katsos Ranch through a partnership with the ERWSD. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed design is intended to blend into to the natural landscape. There should be no significant interference to the existing recreational path on Katsos Ranch given the number of times memorial events are anticipated within a calendar year. Staff has provided recommended conditions of approval for the Conditional Use Permit in section X of this memorandum to reduce conflicts on the recreational path. Furthermore, staff would recommend that the conditional use permit for the Vail Memorial Park be reviewed within 1 year of approval to evaluate any unanticipated impacts. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment seryes the best interests of the community as a whole. A memorial park, as proposed, is an important component to the life cycle of a community. The park is intended to celebrate and memorialize individuals that have contributed to the Vail community. The proposed zoning of Outdoor Recreation is one of the three Open Space Zone Districts. The Comprehensive Land Use Plan identifies this site as Open Space and states that Katsos Ranch is "appropriate for passive outdoor recreation." The uses in the OR zone District are controlled through a conditional use permit. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 3) 4l 5) t2 No building or structures are proposed as part of the Vail Memorial Park. No significant site disturbance is anticipated other than the creation of paths to the proposed memorial areas. The proposed park avoids impacting existing wetlands. lnfact, there is the opportunity to expand wetland area on the eastern portion of the site through a partnership with the ERWSD. An Environmental lmpact Report has been prepared and no other significant impacts are anticipated. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Cemeteries are a conditional use in the Outdoor Recreation Zone District. The proposed natural design of the Vail Memorial Park is consistent with the purpose statement within the Natural Area Preservation Zone District. The presence of a memorial park on the site will help ensure the site remains as open space in perpetuity. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The community has the need for a memorial park. This has been well documented since the last effort in 1993. Conditions on Katsos Ranch have not changed. lt is still a beautiful meadow bordered by lodgepole pine to the south and Gore Creek on the North. The proposed design of the Vail Memorial Park is intended to blend in with the natural environment of the site. 8) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. The proposed design of the Vail Memorial Park is consistent with the natural setting of Katsos Ranch. lt will maintain the environmental integrity of the site and potentially even enhance the wetland areas with Katsos Ranch. The Town Council has stated that the creation of a memorial park is a valid objective of the Town of Vail. The proposed design achieves that objective in a way that compliments the natural character of Katsos Ranch Park. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 6) 7l c. IJ x. A. No buildings are proposed as part of this project which will impact light and air. A memorial park is a needed community facility. The only detrimental impact is potentially parking for large memorial services. Staff believes this impact can be mitigated by requiring all memorial groups over 25 to utilize buses or shuttles to the park from either from the Vail Chapel or the Town's parking structure (in the summer and shoulder seasons). Staff recommends reviewing the conditional use permit after 1 year to ensure that circulation on Bighorn Road and the Katsos Ranch recreational trail are not adversely impacted. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff has analyzed the project intensity of use of the Vail Memorial Park. The 1993 Donovan Park cemetery study anticipated 24 memorial services (which included casket burials) within a year. Staff contacted the County Coroner and Eagle County on average has 60-70 deaths per year. Nationally approximately 50% of all deaths result in cremation. With the proposed conditions of approval to prevent Frontage Road parking and the Foundations interest in limiting large memorial services on the site, staff does not believe there will be any significant circulation impacts. However, it is difficult to anticipate the nature of impacts with this type of use and staff would recommend that the conditional use permit be reviewed in 1 year's time. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. No buildings are proposed as part of this application. STAFF RECOMMENDATION Minor Subdivision The Community Development Department recommends that the Planning and Environmental Commission approves a minor subdivision, pursuant to Chapter 4, Title 13, Subdivision Regulations, Vail Town Code, to allow for the platting of Katsos Ranch Minor Subdivison, A part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian into Tract A (Area of Katsos Ranch Park excluding the Vail Memorial Park) and Lot 1 (Vail Memorial Park Site) Katsos Ranch Minor Subdivision. Staff's recommendation is based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: "The Planning and Environmental Commission approves of the proposed minor subdivision and finds that the minor subdivision application is appropriate in regard to Town policies relating to subdivision control, densfties proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrtty and compatibility with the sunounding land uses and other applicable documents, effects on the aesthetics of the Town. Specifically, the Commission finds that the minor subdivision resolves a//ows the proper l4 \,,f"Wflll identification and platting of the Town of Vails largest property and the ability to delineate the Vail Memorial Park. Amendment to the Official Zoninq Map of the Town of Vail The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lot 'l of Katsos Ranch Minor Subdivision from the Natural Area Preservation District to the Outdoor Recreation District. Staff's recommendations are based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consrstent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the sunounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." C. Conditional Use Permit (Conditions Revised by PEC in Bold from the September FFPEc Me"ti"g) The Community Development Department recommends approval for a conditional use permit, pursuant to Section 12-98-3, Conditional Uses; Vail Town Code, to allow for a Cemetery and memorial park on Lot 1, Kafsos Ranch Subdivision. Staffs recommendation is based upon the review of the criteria outlined in Section lX of this memorandum and the evidence and testimony presented, subject to the following findinos: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Parking (P) District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IJ B. -v Should the Planning and Environmental Commission choose to approve or forward a recommendation of approval of the applicant's to the Vail Town Council, staff recommends that the Commission makes the following conditions a part of the approval: 1. All future phases (24) of the Vail Memodal Park must be reviewed by the US Army Corps of Engineers prior to construction as appropriate. 2. The Eagle River Water and Sanitation District has taken responsibility for the review of a raised boardwalk to span the 20-25 foot wide swale into phase 1. The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submitted by Eagle River and Water and Sanitatien Distriet Vail Memorial Park Foundation for review and approval of the Design Review Board prior to construction. 3. The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 24) prior to the construction of any future phases. 4. The applicant shall require all groups over 25 people to use a shuttle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for inurnment services. 5. The applicant shall provide signage approved by Town staff during memorial events to clearly indicate that a memorial service is in progress and that cyclists should use caution. These signs should be located at the east trail head to Katsos Ranch and 50 feet to the west of the Vail Memorial Park entrance on the Katsos Ranch recreational trail. 6. The applicant shall pay for additional no parking signs along the Frontage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Deoartment. 7. The applicant shall receive approval for a staging plan from the Town of Vail prior to construction being initiated on the Vail Memorial Park. 8. The applicant shall return to the Planning and Environmental Commission in one years time from the date of approval so that the Conditional Use Permit can be reviewed to evaluate the impacts on circulation along the Frontage Road and to the use of the recreational trail. 9. The applicant shall submit future phases to the Planning and Environmental Commission for review by the Commission to ensure that environmental impacts are adequately addressed in future phases. 10. There shall be no maintenance, snow plowing, or inscriptions of memorial signs in the Vail Memorial Park between December 1"t and Mav 1tt. l6 o 11. The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Ranch Minor Subdivsion for currently existing passive recreational uses. Xl. Attachments: A. Public Notice B. Mcinity Map C. Application Letter D. ElR E. Design Plans F. Letterfrom Applicant responding to comments from the August 25o meeting 17 orm ptlon of the Appllcation for Design Review Dspertnent of Cqnmunity DeireloFnent 75 Sout| FmntegB Road, Va||, Cera& 81657 tef : 970.479.2139 lgr.: 97O.4792$2 web: www.d.vaflco.us General I nformation: Al pnolects roqtifttg d6lgn Fviorv mrsi rccahp apprord prbr to subnittittg a h{dltg permlt applcalion. Plce r"dr t6 n" sdm1ft rcqrirun€nts for the partlorbr apprud that b rc+ree*ed. An apdlcaton for Dedgn fuld€ttt cilmt be acc€pt€d unti d r€qdrcd trbrnraUar b rmhred by he Cormunlty D"ftrT*t DePattnont. TtF p.lecl r"V ad, r,""0 to bo rei/*l*€d by the T9r4 Cdrd ard/or the ptarrtng and Envkmnbr al Csrmix*n.-OJgn rcif.r rpFovrl lapor unlcri a bulldlng p.rmlt b b.rrd trd cdt3lructlon cornmcnccl wlthln mc year of lhr approval. l-ocation of the Proporal: Lot: - Block:S.6division: Addrrcs: 2 I O t -o7 I'e:3 G*rt,cr Eagre c.a. llalllng Addtotc: Owner(r) Signature(s): llame of Applicant: E-mail Addrcrc: Type of Review and Fee:. slgns . Cd|cephd REfuYv y' t*wcaruruaitn. Addltbn . ilho.Altdathn (multi-famly/comrutitl) . MhorAfi€Etbn (sfrgbfflrfy/d{plex) . Ctengs toApptorod Fks . Separadon ne(lEst $50 Ft rB $1 .m per squata fioot ot totd slgn ar€' NoFo $650 Ftr consfruc'thn d a now hd|dhg or detm/rebua&t. 1il0 Fd an addthn ttrh€tE sqlate footagp b ad&d lo arry r€ldardel or cnrnerdd hrHftg (hdud6 250 addtbls & hterb conwnios)' $250 For nfiot cfimges b bulldlTF and sftE kryroveflFnb' 6udl 6' Ierodng, pahtlng, witttwv addtldE, hndsc+hg, forrcG d|d r€oaHng rvals, €tc. $20 For rdmr ctglg|€s to hildngF ard slts lrVovemnns, stdt s, somrg, pahfttg, udn&w dilld|E, futdsc?hg, f€rrc6 td r€taf*rg urals, dc. $A For rcvldoc b ph,|s aft€ady +prur€d by Plan*tg Steff or iho lhign Retiew B@td. NoFe llame(r) of Owner(s): Plpne: Phone: ForOffrce lfre Onlyl FaFdd:- Cf€d( l,lo.: Ebte: HfliEn ra I()I{N()TY,{I[7 l/ ws $1300. --lraiorStndddon $15mlr-uiiors.tdu*tbn $660. Esnption Plat $660. Mircr Amedment to an SDD $10(x). tlerv Spe<iat Oevetopment Dbflct $mm. lllaior Amildm€nt to an SDO $60m. Maior fun€ndnEnt to an SDO $1250 (no adei6 rtfdifrcaltots) It oTdidonaluse Psmlt. FboQldn lt odification. Mhor B(terbr Alteration. Major Eded{r Alteration. Ib/€hprnentPEl. ftnerdms to a Oev*prnont Pkn. Zoning Code AnsxlrEnt. VaabrEe. SgnvdlalcE ?l evrt4. tb€g Application for Revlew bY the Planning and Environmental Commission Depenment of Corrnunity Der/eloFrEnt 75 South FurtagB Rmd, Vdl, Odorao 81657 td: 970.479.21 3S laxj. 970.479262 ncb: www.d.vall,co.t-s General Iniormation: Al proi:cts recf*ing Phnnhg and Bndronrental Oomnbion rBvi€rv mtrt recrirre apponal prkr to sutrnitting a bdldhg p€rfift applcation. Fl€€ r*r to tho sutmittal rcqulrsnents for the partidbr appoval t|at is requ€sted. nn appfcamn for Han.ing srd Bwircnrgrtal Comnkion revbw smot be @ted untl aI requited Informatiott b receh,rgd by the Oofimunity De\,elopm€nt Departnilt. The Foilct may abo n€€d to b revieu,Bd by the Towtt OouEil ild/or the Dedgn Re\rigw Bdrd. Type ofAppllcation and Fae: $650 $400 $650 $800 $r500 $250 $13m $500 $200 Deccription^of the Location of the : Lot: _ Block:Subdivbion: ddrecc: (Gontac{ Eagle Co. Asscsor at 970-9&88f0 for parcel no.) Name(e) of Owner(sf : Mailing Address:na Owner(e) Slgnature(s llame of Appllcant: llaillng Addrocc: &oE-mall Addrrcc:|a+t.ce; For0fllce llre Only: FeF{d: - Cbdtl,lo.: Page I of 44711U02 ro TOI{N()TI/AIT' Planning and Environmental Commission ACTION FORM Departnent of Cornmunfty Deirelopment 75 South Frontage Road, Vail, C-olorado 81657 rcli 9m,479.2L39 faxt 97 0.479.2452 web: www.ci.vail.@.us Project Name: REZONING REPUTING AND COND PEC Number; PEC030036 Prcject llescription: MINOR SIJBDIVISION OF LOT 1, KATSOS RANCH MINOR SUBDMSION Padidpants: OWNER TOWN OF VAIL 0712912003 Phonez c/O RNANCE DEPT 75 S FRONTAGE RD vArLco 81657 License: APPLICANT TOWN OFVAIL 07129t2N3 Plro,nez C/O FINANCE DEPT 75 S FRONTAGE RD vArLco 81657 Liense: CONTRACTOR TOWN OF VAIL 012912003 Phone: 75 S FRONTAGE RD VAIL CO 81657 License: 463-8 Project Address:Locatlon: Legal DescripUon: lot: 1 Blodc Subdlvision: Katsos P€ndt Minor Sub Parcel llumber: 210103401001 C.ommcnts: BOARD/STAFF ACTION llodon By: Doug Cahill Action: APPROVED Second By: George Lamb Vote: &0 Dateof Approval: 09/08/2ffi3 C;onditions: Cond: 8 (PLAN): No dranges to these plans may be made withont the written consent of Tovvn of Vall staff and/or the appropriate review committee(s). Planner: Russell Fonest PEC Fee Paid: $1,300.00 rl TOI4NI()T I/AIL} Planning and Environmental Commission ACTION FORM Departnent of Communlty De\relopmert 75 South Fmntage Road, Vail, Colorado 81657 tef : 9ru.479.2139 faxi 90.479.2452 web: www,cl.vall,@,us Prcject llam€: REZONING REPTATING AND COND PEC llumber: PEC030036 Project Description: MINOR SUBDMSION OF LOT 1, KATSOS RANCH MINOR SUBDMSION Pafticipants: OWNER TOWN OF VAIL 0il2912003 Phone: C/O RNANCE DEPT 75 S FRONTAGE RD vArLco 81657 License: APPUCANT TOWN OF VAIL 0T2912N3 Phone:, C/O FINANCE DEPT 75 S FRONTAGE RD VAILCO 81657 Licnse: CONTMCTOR TOWN OF VAIL OZ29l2003 Phone: 75 S FROI.ITAGE RD VAIL, CO 81657 License: 463-8 ProjectMdrcss: Location: Legal Descrifiion: LoE I Blodc Subdivision: l€tsos Randr Minor Sub Parcel l{umber: 210103,O1001 Comments: BOARD/STAFF ACTIOT{ l{odon By: Dorrg Cahill Action: APPROVED Second By: George Lamb Vob: S0 DateofApproval: @/08/2003 Conditions: Cond: 8 (PLAN): No dranges to these plans may be made without the written consent of Toam of Vail staff and/or the appropriaE rwiew commit@(s). Planner: Russell Fonest PEC Fee Pald: $1,300.00 PrcJect ]Iam€: REZONING REPLATTING AND COND Project DescripUon: Participants: OWNER TOWN OF VAIL c/O RNANCE DEPT 75 S FRONTAGE RD vArLco 81657 License: APPUCANT TOWN OF VAIL C/O RNANCE DEPI 75 S FRONTAGE RD VAILCO 815s7 Liense: CONTMCTOR TOWN OF VAIL 75 S FRONIAGE RD VAIL, CO 81657 Ucense:463-8 Project Address: tegal Descripuon: loe l BIock Subdivision: Parcel l{umber: 210103401001 Comments: 022912003 Phone: 0712912003 Phonel 0712912003 Phonet Location: Katsos Randr Minor Sub Planning and Environmental Commission ACTION FORM DeparEnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 teE 970.479.2L39 taxi 970,479,2452 web: www,ci.vail.co. us PEG llumber: PEC030036 MINOR SUBDMSION OF LOT 1, KATSOS RANCH MINOR SUBDMSION BOARD/STAFFACrIOil Modon By: Second By: Vob: Condldons: Doug Cahill George Lamb &0 Action: APPROVED Date of Approval: 09/08/2003 Cond: 8 (PLAN): No dranges to these plans may be made without the written consent of Torrrn of Vail staff and/or the appropriate rwiew committee(s), Planner! Russell Fonest PEC Fee Paid: $1,300.00 Design Review Board ACTION FORM Deparunent of Communlty Development 75 Sorlth FrontagE Road, Vail, Colorado 81657 telt 970.479.2139 fayc 970,479.2452 web: www.ci.vail.co. us Project l{ame: MEMORIAL PARK DRB Number: DR8030302 ProJect D€scription: approval of the design of the proposed Vail Memorial Park Pafticipants: OWNER TOWN OF VAIL Oil2912003 Phone: c/O RNANCE DEFT 75 S FRONTAGE RD VAILCO 81657 License: APPUCANT TOWN OF VAIL 0il2912003 Phone: gO FINANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: CONTMCTORTOWNOFVAIL 0il29/2003 Phone: 75 S FRONTAGE RD VAII-, CO 81657 License: 463-B Project Addrcss: Location: Legal Descripuon: tot: 1 Block: Subdayislon: K.aLsos Ranch Minor Sub Parcel ]lumber: 210103401001 Comments: BOARD/STAFF ACTION ilotion By: Woldrich Action: APPROVED Second By: Viele Vote: 3-0 DateofApprcval: 08/20/2003 Conditions: Cond: I (PLAN): No dranges to these plans may be made without the written consent of Town of Vail staff and/or the appropriate raniew committee(s). Cond: 0 (PIAN): DRB approval does not constitute a permit for building, Please consuft with Town of Vail Building personnel prior to construdion acfrviues. Cond: CON0006138 Apprwed for Phase 1 only Planner: nussett forrest O DR8 Fee Paid: o $0.o0 !l Prcject Name: MEMORIAL PARK Project DescripUon: approval of the design of the proposed Vail Memorial Park Paftlcipants! OWNER TOWN OFVAIL 0il2912ffi3 Phone: c/O FINANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: APPUCANT TOWNOFVAIL 012912003 Phone: c/O RNANCE DEPT 75 S FRONTAGE RD vArlco 81657 License: CONTRACTORTOWNOFVAIL 07/2912003 Phone: 75 S FRONTAGE RD VAIL, CO 81657 License: 463-8 ProjectAddrcss: Locataon: Legal tt€scripuon: lot: 1 Bloc*: Subdivision: lGtsos Randr Minor Sub Parcel l{umber: 210103,{01001 C-mments: Design Review Board ACTION FORM Department of Community De\relopment 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479,2139 Jaxi 970,479,2452 web: wwwci.vail.@.us DRB Number: DR8030302 BOARD/STAFF ACnOil llotion By: Woldridr Action: APPROVED Se@nd By: Viele VoE: 3{ DateofApprcYal: 08/20/2003 CondiUons: Cond: I (PLAN): No dranges to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (P|-AN): DRB approval does not constihrte a permit for building. Please consult with Town of Vail Building personnel prior to @nstruction activities. Cond: CON0006138 Approt ed for Phase 1 only Planning and Environmental Commission ACTION FORM Departnent of Community Development 75 South Frontage Road, Vall, Colorado 81657 EE 9m,479,2L39 f axi 97 0.479.2452 web: www.ci,vail,co. us Project Name: REZONING REPLAffiNG AND COND PEC Number: PEC030037 Project Description: REZONING FROM NATUMLAREA PRESERVATION TO OUT DOOR RECREAT]ON OF LOT 1, KATSOS RANCH MINOR SUBDMSION ON 11.13 ACRE PORTION OF THE KATSOS RANCH OPEN SPACE Participants: OWNER TOWN OF VAIL O7l29l2OO3 Phone: gO RNANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: APPUCANT TOWNOFVAIL 0712912003 Phone: C/O RNANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: CONTMCTORTOWNOFVAIL Ol29l2OO3 Phonel 75 S FRONTAGE RD vAIl. co 81657 License:463-8 ProjectAddre*s: Location: Legal Descriptlon: LoU 1 Blodc Subdlvlsion: Katsos Randt Minor Sub ParcelNumber: 210103,101001 Comments: BOARD/STAFF ACTION Motion By: ROLUE KIESEO Actlon: APPROVED Second By: GEOGE I-AMB Vote: 6-0 DateofApproval: 09/08/2003 Conditions: Cond: 8 (P|-AN): No dranges to these plans may be made without the written consent of Town of Vail staff and/or the appropriate rwiew committee(s). Planner: Russell Fonest PEC Fee Pald: $0.00 rt Planning and Environmental Commission ACTION FORM Deparbnent of Communlty Do/elopment 75 South ftontage Road, Vail, Colorado 81657 te|]. 97 0.479.2L39 f a* 97 0,479.2452 web: wwwcl.vail.co.us Project l{ame: REZONING REPI-ATING AND COND PEC Number: PEC030036 Proj€ct Descrifiion: REZONING REPLAMNG AND CONDMONAL USE PERMIT FOR THE PORPOSED VAIL MEMORIAL PARK ON AN 11.13 ACRE PORTION OF THE KATSOS RANCH OPEN SPACE Participants: OWNER TOWN OF VAIL 0712912003 Phone: c/O RNANCE DEPT 75 S FRONTAGE RD vArLco 81657 Li@nse: APPLICANT TOWN OF VAIL 07/2912003 Phone: c/O FINANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: CONTRACTORTOWNOFVAIL 0712912003 Phonei 75 S FRONTAGE RD VAIL, CO 81657 Ucense: 463-8 ProjectAddress: Locatlon: tegal Descriptlon: lot: l Blodc Subdivision: Katsos Randr Minor Sub Parcel ilumber: 210103.1t)1001 Comments: EOARD/STAFF ACTIOil Mouon By: Doug Cahill Actlon: APPROVED Seond By: George Lamb Vote: ffi DateofApprcval: 09/08/2003 C,ondations: Cond: 8 (PIAN): No dranges to these plans may be made without the written consent of Torrrn of Vail staff and/or the appropriate review committee(s). Planner: Russell Fonest PEC F€€ Paid: $1,300.00 r; Planning and Environmental Commission ACTION FORM Deparunent of C.ommunity De\relopmert 75 South Frcntage Road, Vail, Colorado 81657 te* 970.479.2L39 taxi 97 0.47 9.2452 web: www,ci,vail.co.us Project ilame: REZONING REPLAffiNG AND COND PEC llumber: PEC030037 Project Descrlptlon: REZONING FROM NATUMLAREA PRESERVATION TO OUT DOOR RECREATION OF LOT 1, KATSOS RANCH MINOR SUBDMSION ON 11,13 ACRE PORTION OFTHE KATSOS RANCH OPEN SPACE Partacipants: OWNER TOWN OF VAIL OT2912003 Ptpne: C/O FINANCE DEPT 75 S FRONTAGE RD VAILCO 81657 Ucense: APPUCANTTOWNOFVAIL 0il2912(fr3 Phone: c/O FINANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: C0I'ITRACTOR TOWN OF VAIL 0U2912003 Phonei 75 S FRONTAGE RD vAIl- co 81657 License: 463-B ProjectAddress: LocaUon: Legal Description: loft 1 Block: Subdivision: Kabos P€ndt Minor Sub Parcel umber: 210103,101@1 Comments: BOARD/STAFF ACTION Motion By: ROLUE KIESBO Action: APPROVED Second By: GEOGE I-AMB Vote: G0 Dateof ApprcYal: 09/08/2003 Conditions: Cond: 8 (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appmpriate roriew committee(s). Planner: Russell Fonest PEC Fee Paid: $0.00 ro Planning and Environmental Commission ACTION FORM Departsnent of Communlty Der/elopment 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.21T Jaxt 97 0.47 9.2452 web: www.cl.vail.co. us Project tame: REZONING REPLATnNG AND COND PEC llumber: PEC030036 Project Descrlption: REZONING REPLAMNG AND CONDITIONAL USE PERMIT FOR THE PORPOSED VAIL MEMORIAL PARK ON AN 11.13 ACRE PORTION OF THE KATSOS RANCH OPEN SPACE Pailidpants: OWNER TOWN OF VAIL 0il2912003 Phone: c/O RNANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: APPUCANT TOWNOFVAIL 0il29120f3 Phone: C/O RNANCE DEff 75 S FRONTAGE RD vArlco 81657 License: @NTMCTORTOWN OF VAIL 0712912003 Phone: 75 S FRONTAGE RD VAIL, CO 81657 License: 453-8 Project Address:Location: Legal DescripUon: lot I Blod<: Snbdivision: lGtsos Randr Minor Sub Parcell{umber: 210103401001 Comments: BOARD/STAFF ACTIOI{ ltlotion By: Doug Cahill Action: APPROVED Seond By: George Lamb Vote: 6-0 DateofApprcval: 09/08/2003 Conditions: Cond: 8 (P|AN): No dnnges to these plans may be made without the written consent of Town of Vail staff and/or the appropriate rwiew committee(s). Planner: Russell Fonest PEC Fee Paid: 91,300,00 ro Planning and Environmental Commission ACTION FORM Departsnent of Community Development 75 South Fronbge Road, Vail, Colondo 81557 tel | 970,479.2139 f a* 97 0.479.2452 web: www.cl.vail.co. us Prciect llame: REZONING REPLATnNG AND COND PEC l{umber: PEC030036 Project DescripUon: REZONING REPLATNNG AND CONDMONAL USE PERMIT FOR THE PORPOSED VAIL MEMORIAL PARK ON AN 11.13 ACRE PORTION OF THE KATSOS RANCH OPEN 5PACE Paillcipants: OWNER TOWN OF VAIL 0il2912003 Phone: c/o FINANCE DErr 75 S FRONTAGE RD vArLco 81657 Liense: APPUCANT TOWN OFVAIL 022912003 Phone: c/O RNANCE DEPT 75 S FRONTAGE RD VAILCO 816s7 License: CONTMCIORTOWNOFVAIL 07129120O3 Phone: 75 S FRONTAGE RD VAIL, CO 81657 License:463-8 ProjectAddr€ss: Location: fegal Descripuon: lot: 1 Block: Subdivision: Katsos Fandr Minor Sub Parcel Number: 210103401001 Comments: BOARD/sTAFF ACTIOI{ Motion By: Doug Cahill Action: APPROVED Second By: George Lamb Vote: G0 DateofApproval: 09/08/2003 Conditions: Cond: 8 (PIAN): No changes to these plans may be made without the written consent of To^/n of Vail staff and/or the appropriate rwiew commifree(s). Planner: Russell Fonest PEC Fee Paid: 91,300.00 Planner: Russett fonest O DRB Fee Paid: o $0.0o .- Project ilame: Project Description: Participants: Project Addrcss: Legal Descrlpdon: Parcel ]{umber: Comments: OWNER TOWN OF VAIL c/O RNANCE DEPT 75 S FRONTAGE RD VAILCO 81657 License: APPUCANT TOWN OF VAIL c/o RNANCE DErr 75 S FRONTAGE RD VAILCO 81657 License: CONTRACTOR TOWN OF VAIL Planning and Environmental Commission ACTION FORM Deparunent of Ommunity Dweloprnert 75 South Frontage Road, Vail, Colorado 81657 tel': 970.479.2L39 fayJ. 97 0,479.2452 web: www.cl.vall.co.us MEMORIAL PARK PEC Number: PEC030038 CONDMONAL USE PERMIT FOR THE PORPOSED VAIL MEMORIAL PARK ON AN 11.13 ACRE PORTION OF THE KATSOS MNCH OPEN SPACE 022912003 Phone: 0il29120/J,3 Phone: 0712912003 Phone: 75 S FRONTAGE RD VAIL, CO 81657 License: 463-8 Location: lot: 1 Blodr: Subdivision: Katsos Randr Minor Sub 210103401001 SEE CONDInONS BOARD/STAFF ACTIOI{ ilotlon By: Seond By: Vote: Conditlons: DOUG CAHILL GEORGE LAMB 6-0 Action: APPROVED Date of Apprcval: 09/08/2003 Cond: 8 (P|-AN): No dranges to these plans may be made without the written consent of Tourn of Vail sbff and/or the appropriate rwiew committee(s). Cond: CON0006139 1. All ftrture phases (2-4) oftheVail Memorial Park must be reviewed bythe US Army Corps of Engineers prior to consFuction as appropriate. Cond: CON0006140 2. The Eagle Rivei Water and Sanitation District has taken responsibility for the review of a raised boardwalk to span the 20-25 foot wide s1 /ale into phase 1. The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submitted by Eagle River and Water and Sanitation District Vail Memorial Park Foundation for review and approval of the De$gn Review Board prior to construction, Cond: CON0006141 3, The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 2-4) prior to the construction of any future phases, Cond: CON0006142 4. The applicant shall require all groups over 25 people to use a shutfle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for inurnment services. Cond: CON0006143 5. The applicant shall provide signage appro/ed by Town staff during memorial events to clearly indicate that a memorial service is in progress and that cydists should use G|ution. These signs should be located at the east trail head to Katsos Ranch and 50 feet to the west of the Vail Memorial Park entrance on the l€Eos Ranch recreationa I trail. Cond: CON00061,14 6. The applicant shall pay for additional no pa*ing signs along the Frontage Road at the Katsos Randt Trailhead at specific locations approved by the Public Works Department. Crnd: CON0006145 7. The applicant shall receive approval for a staging plan from the Town of Vail prior to aonstruction being initiated on the Vail Memorial Park. C,ond: CON0005146 8. The applicant shall retum to the Planning and Environmental Commission in one years time from the date of approval so that the Condiuonal Use Permit can be reviewed to evaluate the impads on circulation along the Fronbge Road and to the use of the recreational trail. Cond: CON0006147 9. The applicant shall submit future phases to the Planning and Environmental Commission for review by the Commission to ensure that environmental impacts are adequately addressed in future phases, Cond: CON0006148 10.There shall be no maintenance, snow plowirp, or inscriptions of memorial signs in the Vail Memorial Park between December 1st and May lst. Cond: CON0006149 11.The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Randr Minor Subdivsion for cunently existing passive recreational uses. Planner: Russell Fonest PEC Fee Pald: $650.00 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, September 8, 2003 PROJECT ORIENTATION / - Community Development Dept PUBLIC WELCOME MEMBERS PRESENT Gary Hartmann MEMBERS ABSENT Chas Bernhardt Doug Cahill John Schofield Erickson Shirley George Lamb Rollie Kjesbo Site Visits : 1. Reske Residence 2319 Chamonix Rd 2. Vista Bahn Building 333 Hanson Ranch Road 3. Gerald R. Ford Park 580 South Frontage Road EasilFord Park 4. Gazioglu Residence 3120 Booth Falls CourU Driver:MaftO KEH NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearino - Town Council Chambers 2:00 pm 1. A request for a variance from Section 12-6D-10, Landscaping and Site Development, Vail Town Code, to allow for the construclion of a new primary/secondary residence, located at2319 Chamonix Rd. / Lot 9, Block A, Vail Das Schone Filing 1. Applicant: Brian ReskePlanner: Allison Ochs Allison Ochs introduced the variance request per the memorandum. Brian Reske, the applicant, passed around several pictures demonstrating home designs with sideloading rear garages, which he intended to emulate on his own property. He mentioned that his primary intention was to shield cars from the road and provide front landscaping. Gary Hartmann thought that the neighbor's driveway encroaching on this lot is considered a physical hardship and a unique circumstance. Doug Cahill agreed with the applicant's desire to keep landscaping close to the road. Rollie Kjesbo had no additional comments. l2:00 pm 2. George Lamb had no additional comments. Erickson Shirley had no additional comments. John Schofield summarized the Commission's comments, saying that the neighbor's driveway did indeed constitute a hardship. Motion: Gary HartmannSecond: Rollie KjesboVote: 6-{t-0 Approved with conditions: 1. That prior to final Design Review Board approval, the applicant submits a tree preservation plan, indicating that the existing landscaping along the eastern property line of Lot 9 shall be maintained through construction. A landscaping bond shall also be submitted to the Town of Vail prior to the issuance of a Certificate of Occupancy, guaranteeing the suruival or replacement of the trees for a period of not less than two years. 2. That prior to submittal of a building permit application, the applicant shall receive final Design Review Board approval of the proposal. This may mean that slight modifications are required for the driveway which may increase the amount of landscape area, but in no case shall the modifications decrease the amount of landscape area. A request for a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for the modification and enlargement of existing deck columns, located at 3120 Booth Falls CourULot 7, Block 2, VailVillage 12th Filing. Applicant Halide Gazioglu, represented by Sheppard ResourcesPlanner: Matt Gennett Matt Gennett introduced the variance request per the staff memorandum. Mr. Koll, from Sheppard Resources and the representative of Ms. Gazioglu, stated that the owner's primary interest was to improve the appearance of the deck and to provide better support for the existing deck. No public input was given. Rollie Kjesbo asked Mr. Koll if all of the problems were worked out with the neighbors. Mr. Cole answered in the affirmative. George Lamb mentioned that he was one of the neighbors and had already written a letter in support of the variance. He suggested that landscaping needs should eventually be discussed. He stated that he felt comfortable voting on the variance. Erickson Shirley had no additional comment. Gary Hartmann had no additional comment. Doug Cahill suggested that perhaps a condition should be attached to the variance that would provide landscaping. George Lamb commented that that condition was instead the responsibility of the Design Review Board. Matt Gennett verified George Lamb's comment. John Schofield mentioned that the hardship was pre-existing, and therefore justified the variance, but asked if the ILC was necessary. Matt Gennett answered that is standard procedure. Motion: Rollie KjesboSecond: Doug GahillVote: 5-O-1 (Lamb abstained) Approved with the condition as provided in the staff memorandum, 3. A request for review of a minor subdivision, re-subdividing a part of Lots L and K, Block 5E, Vail Village First Filing, to create Lots 1 and 2, Block 5E, Vail Village First Filing, 20 Vail Road. 62 East Meadow Drive. and 82 East Meadow Drive. Applicant: Sonnenalp Properties, represented by Braun Associates lnc.Planner: Warren Campbell Wanen Campbell introduced the project per the memorandum- John Schofield asked Warren Campbell to address the issue of the new plat creating non-conforming lots as the Swiss Chalet and Sonnenalp would be on separate lots. Wanen Campbell stated that the lots were linked together for zoning purposes by a note on the plat. Remaining development potential would apply to both as a whole project regardless of the lot line. Dominic Mauriello, the applicant's representative, stated that the primary purpose in re- platting was to "clean up the lots'. Originally, there was an error in the Vail Village 1s' Filing plat. lt is that error which resulted in portions of the Sonnenalp Hotel being located on Town owned Tract l. He stated that it was neither a non-conforming nor unusual situation as the surveying was incorrect. Russell Forrest mentioned that the project was similar to Vail Village Inn in regards to development potential for multiple buildings being shared on different lots. John Schofield asked if it could be assumed that the declarations for the association on the east lot would require sign off on improvements to the Sonnenalp and vise versa. Dominic Mauriello answered that as long as the plans conform to zoning, a fee-simple ownership applied to Lot 1. He mentioned that it was not analogous to a duplex situation in that two owners was not the same as one hundred forty owners on one side to one owner on the other side. Doug Cahill wanted to verify that there was a note linking development rights. Russell Forrest said that the plat note would link the lots together as a whole. Gary Hartmann asked if joint applications would be required in the future then. Dominic Mauriello asked if that applied across the street as well. Russell Forrest stated that was the case with the Vail Village Inn. Larry Eskwith, legal counsel for the Talisman Condominiums, mentioned that he would be entering into a permanent easement with the Sonnenalp and wanted to make sure that his development rights were going to be maintained. Warren Campbell stated that no property lines were moving and that the Talsiman's non-conforming status would remain in place. Gary Hartmann was glad to see that the sight was being 'cleaned up'. Doug Cahill had no further comment. Rollie Kjesbo stated that it seemed that both lot owners should agree if development was going to occur. Russell Forrest answered that if redevelopment occurred, consent would be needed in situations with possible conflict may arise such as changes in use or square footage increases. George Lamb was "comfortable" with the plat note and stated that to have all owners sign off in a time-share situation would be tricky. Erickson Shirley had no comments at that time. John Schofield agreed with the need to re-plat. He asked if it would not be wise to address the potential conflicts that might arise. Dominic Mauriello said that a private document verifying consent and protection of and for the owners would be drafted. He thought the note was adequate as it was currently drafted. Doug Cahill said that the Planning and Environmental Commission would not want to hear about conflicts that arose. Any application for a change should be worked out by the Swiss Chalet condominium association and the owner the of the Sonnenalp Hotel. Erickson Shirley asked if anyone's rights were changing. Russell Forrest said that if conflict between property owners arose, it would only be on the premise of redevelopment. He said that the Town was reviewing the project as a single site with the recent proposal for the Sonnenalp Hotel expansion and Swiss Chalet redevelopment. John Schofield asked if the Town attorney had reviewed the plat. Wanen Campbell mentioned that the attorney had not reviewed the proposal. Erickson Shirley wanted to clarify that no person's rights were being changed. Wanen Campbell stated that all development rights remained in place; however, the owners of Lots 1 and 2 would need to work out any proposal prior to bringing an application to the Planning and Environmental Commission or Design Review Board. o 4. John Schofield mentioned that he was ready to proceed, provided the Town attorney's input could be gained. Motion: Doug CahillSecond: George LambVote: 6-0-0 Approved with the conditions as provided in the staff memorandum with an additional condition that the Town Attorney approve of plat note number 11, prior to Town Gouncil approval of the proposed easement agreements A request for a final review of an exterior alteration or modification, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to aflow for the construction of multiple-family dwelling units on slopes in excess of 40o/o; and a request for the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruther Wanen Campbell introduced the project, in George Ruther's absence, according to the memorandum. Jay Peterson, from Vail Resorts Development Company, detailed the changes that had been made since the previous meeting and asked for public input. John Schofield summarized the issues that were being addressed that day, such as the 40% slope, loading and delivery, etc. Jim Lamont, Vail Village Homeowner's, mentioned that he had reviewed the list of Planning and Environmental Commission requests from the last meeting. John Schofield commented that the loading and delivery and similar issues were going to be under the purview of the Town of Vail, not Vail Resorts, and would be determined in the upcoming year. He mentioned that a final parking analysis would be forthcoming and that a traffic analysis from the staff was also expected. Jim Lamont stated that he was attempting to post the pertinent issues on his website. Wanen Campbell reminded that Commission of their request to verify what impacts the new development would have on the Town as a whole. John Schofield commented that the Commission would like to finalize the plan in two weeks. Rollie Kjesbo asked the applicant how the title of the loading and delivery area was going to work. Jay Peterson stated that a perpetual easement for public use would be granted with Vail Resorts retaining ownership. Vail Resorts would pay for lighting and ventilation, but aspects such as the elevators, facility maintenance, repairs, etc. would be the Town's responsibility. Rollie Kjesbo asked if hours of operation would be implemented for aspects of the skier services building. Jack Hunn mentioned that certain areas of the building would be open later at night, such as the skier drop-off area, so that skiers could get their skis back after eating in the Village. The coffee shop would have hours as well. Window{inting for after-hours light mitigation would also be an option, he said. Rollie Kjesbo asked if sound amplification would be an issue. Erickson Shirley asked how the sound issue would be addressed. Jim Lamont mentioned that this same issue was currently at stake in regard to the Tap Room. He wanted to make sure that some degree of a management plan be put in place. George Lamb asked about the square footage of the yard, as quoted in Exhibit A. Tom Braun said that the yard had grown to 60,000 square feet. George Lamb suggested a management plan for loading and delivery and asked about trafflc routing. He thought that the Town should suggest to Vail Resorts what needs should be met. Jay Peterson mentioned that loading and delivery was only one aspect of the project. He stated Vail Resorts' desire to work with other loading and delivery projects within the Town. George Lamb asked about the lighting in the alley and the police reports that were requested in conjunction therewith. He stated that a second view corridor should be adopted between 1 Vail Place and the building to the east. Warren Campbell referenced the Commission to the attached police report. Jay Peterson said that the building was, indeed, far back from the adopted view corridor at the end of Bridge Street. Erickson Shirley commented that the Wells Team had anived and asked when their input would be heard. He asked Greg Hall how the Town was going to enforce aspects of the project, especially regarding noise and loading/delivery. Greg Hall stated that one of the topics focused on and presented to the Town Council would focus on the improvements being made to the Village streets and the benefits of the loading and delivery that contribute. Council would need to direct the police department to strictly enforce the loading/delivery and noise ordinance. Erickson Shirley asked about the traffic study. Tom Braun answered that the traffic numbers reflected the 'peak of the peak' seasonal counts. Erickson Shirley asked how the clock tower was going to affect views of Pepi's face. Jay Peterson replied that from the plaza, the line of sight was relatively unobstructed, and that coming south on Bridge Street, there was no obstruction. Erickson Shirley hoped that the Commission was not over-zealous in thinking that the neighbors were going to be against any sort of drinking establishment whatsoever. He continued that what the Town needs is a lively base such as other resorts had. Gary Hartmann commended Vail Resorts on the progress of the project. From the Town's perspective, what would the hours of operation of the loading/delivery facility be? Jay Peterson mentioned that that information would be in the developer agreement presented to the Town Council. The hours would need to be tweaked as problems or better ideas arose in the operation of the loading and delivery structure. Doug Cahill appreciated the diagrams of the view analysis. He agreed with the implementation of a second view corridor and was glad to see the size of the ski yard was going to be increased. Loading and delivery would require early morning and evening lighting in the hallway between 1 Vail Road and the Lodge. He asked about the traffic counts on Vail Valley Drive. Curtis Rowe, the applicant's traffic consultant, verified that the traffic counts were based on daily, not hourly volumes. Doug Cahill asked about the enlargement of the restrooms. Where was that extra space coming from? Jay Peterson mentioned that the size of the restrooms had been doubled. The vestibule entering the restroom was reduced to give the bathrooms more space. Doug Cahill mentioned that the Lionshead redevelopment would push a lot of business to the Front Door site and those impacts should be anticipated. As for the traffic diagram, the red line on the diagram down Gore Creek Drive should be removed to clarify that increased traffic in the Village would not result with the loading and delivery facility. Andy Littman, a representative of the Wells Team, gave a presentation addressing several questions and issues that still remained surrounding the project. Should the Town's main delivery center be at the activity center of the Town? Will the centralized loading/delivery be a problem for the merchants and/or enforcement? He stated that a very strong management plan, and perhaps restrictions, would be needed. Obvious congestion and traffic issues should not be ignored, he said. He stressed the importance of "doing things right" the first time and questioned the placement of the skier services building. Why not put the building closer to Bridge Street? Many issues would need to be clarified with the Town and as many groups as possible should agree to the plan. He strongly felt the project should be critiqued by a qualified outside consultant. Would funding be set aside for artwork or "signature improvements"? Pedestrian access from the east and west should be obvious and visually appealing. The project should be lasting and enduring. Tom Boni, Knight Planning Services, apologized for his lateness and handed out a memo summarizing the comments of other members of the Wells Team. He mentioned that truck movements which encroached into oncoming traffic needed to be addressed, as did pedestrian movement and snow storage, as it related to maneuverability. How much cargo could be transported by each hand truck and how many hand trucks would be needed for each delivery? More input from delivery companies and the businesses receiving the delivery was desired, he said. Was the traffic count for Vail Road derived from highway statistics or the situation of Vail Road as it currently existed? Gwen Scapello asked about the data for Hanson Ranch Road. She mentioned that the data seemed to have been based on the traffic of a four way highway. Ron Byrne apologized for his lateness and expressed the importance of taking time to critique the project thoroughly. He stated that the buibing seemed to be undersized lor its function as a skier services building. He wanted the ski yard to expand. The new building was a greatly improved solution, but the functionality of this piece of property should be addressed. The tourist should be drawn to the property, regardless of the season. He thought that ingress and egress for One Vail Road could occur above ground, though the Lodge at Vail property; however, the Lodge would not want its guests to cross over a path in order to go to the pool. Another issue would be fire access. lf those two elements were resolved, the skier services building could move significantly to the east without affecting One Vail Place and could probably increase in size as well. He mentioned that other projects within the Town which would be implemented soon should take some responsibility for some of the loading/delivery issues in the future. John Schofield announced that the Commission would take a ten minute break. John Schofield suggested to Andy Liftman and Tom Boni that they re-read previous reports, which would likely answer many/most of their questions regarding traffic circulation and numbers. Russell Forrest addressed loading and delivery by saying that the Town had already improved the Sonnenalp/Swiss Chalet, Vail Village Inn, the Chateau, and perhaps Crossroads' facilities. Greg Hall further commented that not every development site is available for loading and delivery. The sites that have been large enough, the Town has taken advantage of already. Russell Forrest reminded the Commission of their trip to Beaver Creek's successful facility, comparing the impacts of the two projects. The Front Door project would not be the only opportunity for loading and delivery facilities. Doug Cahill requested that delivery persons be notified of the distance that the hand carts would need to travel. Erickson Shirley asked if the merchants had been notified of the distances and the loading/delivery location and if any negative feedback had been obtained from that meeting. Russell Forrest stated that the merchants felt overall that the facility was positive addition. John Schofield asked that the turning movements anticipated by the trucks be addressed. Greg Hall stated that heavier trucks would be brought in on collector roadways. Three types of turning movements were analyzed, he said. Less than two percent of the vehicles coming into the facility would be oversized and subject to a special delivery permit from the police department. Greg Hall re-stated that the cunent design would adequately handle the loading and delivery traffic. Russell Forrest mentioned that a transition in the loading and delivery process was expected and the operation of the facility would be tweaked in order to function most efficiently. Erickson Shirley added that the hand truck traffic in Beaver Creek ended up working better for the truck drivers. Jay Peterson summed up the public comment by stating that delay was always preferred, in the public's mind. He felt it was time to move on and stated that all the questions had been answered. The skier services building has shrunk in size, a consultant had already given input, and an outside design consultant was not needed due to the qualified members of staff, Council, Commission, and Design Review Board etc. The pedestrian and bike paths had already been detailed in the report. One million dollars had been committed by Vail Resorts for artwork, more than any other project. He agreed that the skier services building could be larger, but, due to public input (of the entire neighborhood), the currently proposed size was the result. The building had already been critiqued by the Design Review Board, who liked the building, aside from several technical, design aspects. Curtis Rowe, the traffic analyst, clarified that the capacity of a roadway was based on headway behind vehicles. The capacity of a two land roadway, therefore, would be 38,000. A two land roadway in a town setting could be 20,000 vehicles. That was reduced for winter conditions to 15,000. The V to C ratio was 670lo. Rollie Kjesbo had no further comment. George Lamb wished to reiterate that the hand truck traffic to the businesses farther from the loading facility could be an issue. Erickson Shirley asked about the number of bays needed for the Town and what the Wells Team had an issue with. Andy Littman suggested that the bays be built in a more logical place that does not create congestions and "unsightliness'. His contention was not with the number of bays. Erickson Shirley stated that the applicant had already offered the Town a tremendous amount. To try to extract more from the applicant would be unreasonable. The Town was getting a great deal of benefit from the applicant. The Town would manage the loading and delivery and would adjust the plan according to the merchants' needs, etc., once the plan was in place. Gary Hartmann had no additional comments. 5. Doug Cahill liked the re-design of the skier services building. He continued to think that the bike path should be moved off of the hard-scape patio in front of the building. Delivery persons should be informed of the distance they will need to travel with their handcarts. Jim Lamont wanted to remind the group that this loading and delivery facility was originally proposed in a 1992 trafflc plan. The site had been studied extensively for its practicality and effectiveness. lt was the best site of seven others that were studied for the same uses. John Schofield summed up by encouraging the Wells Team to read all the information that the Commission had read over the past nine months. He said that Jeff Winston's input, a design professional, was included in that information. Regarding getting to a final vote, the staff would need to provide resolution of the loading and delivery operation, since Vail Resorts would not be operating that facility. Some type of licensing agreement would need to be concluded specifying operation of the facility. A lighting plan for the alley near One Vail Place would be subject to Design Review Board review. ln that review, the Design Review Board should take into account the police report submitted to the Commission. He thought that an additional view corridor, though good, was not necessarily a proposal that should be submitted through this project; it could be added later. Prior to a final vote, all studies and input should be available for the Commission and public. Jay Peterson stated that the radius for the loading and delivery in Beaver Creek was 1000 ft., which was the same as the area proposed for this facility. He commented that Vail Resorts would be ready for a vote from the Commission on September 22. John Schofield responded that the submittal of an operational management plan would be a condition of approval. Motion: Rollie KiesboSecond: George LambVote: 5-0-0 Tabfed untif September 22,2003 A request for a recommendation to the Vail Town Council of a proposed amendment to the FORD PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/Donovan Park Master Plan, to allow for the construction of a public parking facility and structure, a request for a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 580 South Frontage Road EasUFord Park Applicant: Town of Vail, represented by Greg HallPlanner: Wanen Campbell Warren Campbell gave a presentation per the memorandum. Greg Hall elaborated in greater details on the operation of the parking facility. Jonathan Stauffer mentioned that the length of time for which the "temporary solution' would be laid out had never been mentioned. He stated that the parking task force had only looked at parking, nothing else. Due to the bus system in Vail, the need for more parking should be reduced. He suggested solutions from as far as Boulder to help lessen our need for parking. The costs associated with this parking solution were prohibitive as well, he commented. The money being spent on this proposal would be far better off utilized to establish a permanent solution. Helen Fritch, from Betty Ford Alpine Gardens, wanted to make sure that the gardens would be protected and commented that people liked to take shortcuts. She suggestedthat some sort of fencing be put up to protect the gardens. Joe Stauffer said that due to his and John Donovan's input, Ford Park was currently a park, and not 1800 condominiums. He asked the Commission to think of the massive number of development proposals that were presented to New York City in relation to the Central Park site. He was upset that Vail Resorts wanted to use Town Of Vail open space for their own profit through parking. He thought that the parking problem was the responsibility of Vail Resorts and any solution should be constructed and paid for by Vail Resorts. Jim Lamont, Vail Village Homeowner's, mentioned that he was on the task force for the Ford Park master plan. He was confused about the staffs interpretation of the goals. John Schofield clarified that in 1997. the Town recommended to the Council that structured parking be an allowed use. Eventually, that recommendation was removed from the plan at its final adoption by Council. Russell Forrest clarified that under the General Use district, 'public parking facilities and structures" are a conditional use. Keeping the same wording is important, he said. lf the proposed development plan were approved, that blueprint would be allowed, nothing else. Gwen Scapello was concerned about the proposal due to the number of tourist visits that are generated during the summer for large sports events, which may be lessened due to the restoration of the field from the winter parking needs. Greg Hall commented that the Town had met with turf specialists to determine the best way of re-sodding, etc. The Vail Recreation District had been consulted as well. A meeting was going to be convened the following day to further discuss these issues. Rollie Kjesbo mentioned that his comments were related to financial aspects of the plan. The money gained from charging for parking was nowhere near the amount of money that the Town was going to put out to implement the plan. He would not mind the plan for one year, however. George Lamb suggested that the parking lot be open seven days a week. Cars should be kept off of the Frontage Road at all costs, he said, and mentioned that parking was a Town issue as well, not just Vail Resorts. Erickson Shirley mentioned that this was not a "world class solution" to the parking problem. He knew that the task force had tried to solve the problem, and could not understand why the Council had not been able to secure funding from Vail Resorts. He, too, could agree with the plan for one year, but no more. He thought that Town property should not be used to solve a non-Town problem. Gary Hartmann mentioned that he hated to see Ford Park used as something that it was never intended to be. As a temporary solution, it should be in place only one year, with a long-term solution directly following- Doug Cahill felt that the parking problem on the streets was a serious safety problem. He was interested in seeing how the proposal would work for one year only. He thought that Vail Resorts should pay for the cosUrestoration of the proposal. Greg Hall said that on June 7, softball season starts and the field would need to be playable on that date. Doug Cahill wanted to make sure that the surface was safe, regardless. John Schofield mentioned that if a private developer were applying for the same proposal, he would unequivocally be denied. The hazard of delays on South Frontage road due to a pay lot was also a safety issue, he said. He asked what thought had been given to increased bus service in the morning and afternoon hours. Greg Hall responded that the frequency of bus pick-ups has increased during those hours in the past. Rollie Kjesbo mentioned that the East Vail bus was usually full well before reaching the mountain. John Schofield reiterated that this proposal was a 'band-aid'. What planning had been given to holiday operation? Greg Hall responded that the West Day lot was going to be a public lot this year, open seven days a week. John Schofield commented that a variance was only awarded to exceptional conditions that were applicable to the site. Regarding a conditional use permit, that would not help in finding a permanent solution. The parking lot should be available any time the parking structures became full. Greg Hall said that the west day lot held 200 spaces. The intent would be for this lot to be open during the week. The valet parking would be eliminated (-25 spaces). Doug Cahill asked what the average number of cars was on the Frontage Road. Greg Hall said that about 462 cars were parked on the road on 30-45 days a year (estimations). Currently, between 400 and 500 spaces were calculated to be needed to relieve that problem. Russell Forest said that financial issues were being discussed regarding long-term solutions. Variance:Motion: Doug CahillSecond: George LambVote: 4-2-0 (Schofield and Shirley opposed) Variance - Approved with the conditions as provided in the staff memorandum George Lamb was apparent struggled with the timing of the conditional use permit. He permanent solution in the works that it was likely that the said that he that with no 6. Parking Task Force would request the same proposal next season. Greg Hall responded that he was partially directed by the Council to get approval on a year-to-year basis. Also, before investing $12-15 million, the right number of spaces needed would have to be determined. This proposal gave the Town opportunity to deliver a long-term solution, he said. lt would take at least two years for a structure to be completed. John Schofield asked Rollie Kjesbo to clarify the conditions. Doug Cahill asked what other options were pursued. Greg Hall answered that the bus system was critiqued but that the number of cars that needed spaces was too many to solve any other way. Erickson Shirley commented that he was surprised that no Commission members were present on the task force. John Schofield commented that the field parking should only be in place for one year. He mentioned concerns over the amount of time that might elapse before a solution is achieved if one year is allowed. He continued by stating that a conditional use permit to extend the temporary facility past one year should not come before the Commission if no action had been taken to develop a permanent solution. Motion: Rollie KjesboSecond: George LambVote: 5-1-0 (Shirley opposed) Conditional Use Permit - Approved with the conditions as provided in the staff memorandum with the additional conditions that the public parking facility be operated 7 days per week, as needed for overflow, and a minimum of a 10-car stacking lane for vehicles entering the facility off of the Frontage Road be provided. A request for a final review of a subdivision of the Katsos Ranch property (unplafted), pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-88-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel of land located in the southeast quarter of Section 2, Township 5 South, Range 80 West of the 6h Principal Meridian, and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department). Applicant: Vail Memorial Park, represented by Merv LapinPlanner: Russell Forrest Russell Forrest introduced the three applications according to the memorandum. Sherry Dorward, landscape architect, stated that the flood plain would not be affected by the proposal. Regarding wetland mitigation, no impacts would occur. The boardwalks/bridges that cross the swale for Phase I would not hold construction vehicles. However, phases ll and lll would cross the swale via a bridge for construction and regular use. O Gary Hartmann asked about the permanence of the proposed signage. O John Schofield asked if a wetland area currently existed. Sherry responded that wetlands do no exist currently where the memorial park is located. However, the Eagle River and Water District do want to create wetlands on the site. The only conflict is in the swale that would need to be bridged with a boardwalk into phase 1 of the p@ect. To create wetlands the Dsitrict will need to divert more water onto the site. The topography would not change much, though the water augmentation plan might be amended to get more water during the summer. Doug Cahill asked if a permanent crossing could be established on non-wetlands. Sherri responded that Corps of Engineers permission would have to be obtained for a dry crossing. The water district was struggling to get enough wetlands square footage, she added. She commented that the path would be placed in respect of the wetland boundaries. Regarding intensity-of-use, the average number of yearly deaths in the county is -60 or 70, many of whom are not Vail residents. Fewer than half are Vail residents, and fewer than half of that number would choose to be buried here. She mentioned that, regarding capacity, many educational materials would be provided to convey the message that the site was for intimate services only. A paid director would be responsible for such communication. She realized that safety on the bike path was an issue. Sherry responded that signage had not been talked about in too much detail. However, flags/bannerc would be placed at the time of the service for directional help. Gary Hartmann suggested that all signage be temporary in nature in order to guarantee the attention of regular cyclists and pedestrians. Erickson Shirley asked if there was a limit as to the number of people allowed to attend a service. Sherry responded that no limit was currently in place since it was impossible to say how many people might attend a ceremony. Erickson Shirley said that it was going to be difficult to have large numbers of people on the path without causing congestion with the bicyclists. Russell Forrest mentioned that Staff was recommending that ceremonies of over 25 people could warrant a shuttle system in order to help alleviate the parking problem. Erickson Shirley even suggested that the Town could widen the path to help alleviate congestion. Rick Sackbouer from the Eagle River Water and Sanitation District commended Sherri's work in the field. Gary Hartmann suggested a condition that allowed only for temporary signage. I Doug Cahill added that perhaps a permanent structure with hinges could be an option for signage. He thought that this had the potential to be a popular area. He wanted to clarify whether or not the urns could be placed outside of the flood plain. Sherry responded that the urns were biodegradable and that the entire site was in a flood plain. Rollie Kjesbo thought it was a great idea and commended the efforts of the applicants. George Lamb seconded Rollie's comments. He added that some pathway congestion and signage issues would need to be worked out, however. Erickson Shirley hoped that a more direct route to the site could be thought out. The trail system in Town was already lacking, and he hoped this could be an exception to the rule. Parking issues would also need to be worked out, he said. John Schofield reiterated general support of the plan, commenting that three different motions would be needed for approval, however. He suggested approval of Phase I only. Possible future needs for alternative access would need to be assessed. He suggested approval of the site after a full season, not a full year. Erickson asked if the phases were covered in the conditional use section. Motion: Doug Gahill, to approve subdivisionSecond: George LambVote: 6-0-0 Approval of subdivision Russell Forrest asked if the applicant for the DRB could be changed to the Vail Memorial Foundation. He also asked if the condition of staff-approved, temporary signage should be added, as well. Also, he suggested the PEC clarify which phases were being approved. Sherri was worried about approval in sections, as opposed to one Phase at a time. Diana Donovan agreed, saying that people would not want to be 'buried next to a duplex", in the event thatfuture phases were not approved. Russell Forrest suggested that the PEC approve the site for a conditional use permit, but that each Phase be reviewed for environmental impacts, etc. Erickson Shirley added that the PEC should have the ability to remedy any problems, should they arise along the way. Doug Cahill wanted to clarify that all future developments should be reviewed by the PEC. Motion: Doug Cahill, to approve the conditional use permit per the conditions listed by Russell Forrest 1. All future phases (2-4) of the Vail Memorial Park must be reviewed by the US Army Corps of Engineers prior to construction as appropriate. 2. The Eagle River Water and Sanitation District has taken responsibility for the review of a raised boardwalk to span the 20-25 foot wide swale into phase 1. The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submifted by Vail Memorial Park Foundation for review and approval of the Design Review Board prior to construction. 3. The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 24) prior to the construction of any future phases. 4. The applicant shall require all groups over 25 people to use a shuttle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for inurnment services. 5. The applicant shall provide signage approved by Town staff during memorial events to clearly indicate that a memorial service is in progress and that cyclists should use caution. These signs should be located at the east trail head to Katsos Ranch and 50 feet to the west of the Vail Memorial Park entrance on the Katsos Ranch recreational trail. 6. The applicant shall pay for additional no parking signs along the Frontage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Department. 7. The applicant shall receive approval for a staging plan from the Town of Vail prior to construction being initiated on the Vail Memorial Park. 8. The applicant shall retum to the Planning and Environmental Commission in one years time from the date of approval so that the Conditional Use Permit can be reviewed to evaluate the impacts on circulation along the Frontage Road and to the use of the recreational trail. 9. The applicant shall submit future phases to the Planning and Environmental Commission for review by the Commission to ensure that environmental impacts are adequately addressed in future phases. 10. There shall be no maintenance, snow plowing, or inscriptions of memorial signs in the Vail Memorial Park between December 1$ and May 1"t. 11. The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Ranch Minor Subdivsion for cunently existing passive recreational uses. Second: George LambVote: 6-0-0 Approval of conditional use Motion: Rollie Kjesbo, to fonvard a recommendation to the Vail Town Council to approve of the re-zoning of Lot 1, Katsos Ranch Minor Subdivision to Outdoor Recreation as per the criteria and findings in Section lX of the staff 7. memorandum. Second: Gary HartmannVote: 6-0-0 Approval of re-zoning A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant Vicki Pearson, et.al.Planner: Bill Gibson Bill Gibson introduced the proposal per the staff memorandum. Larry Eskwith described his concerns and his areas of support for the proposed amendment. He thought that people would still abuse the system. He thought the proposal would make it a better regulation. Larry liked that we were getting rid of the arbitrary aspects of the current interior conversion and 250 GRFA policies. John Schofield stated that the PEC reviewed volumetric controls and found that it could not be effectively implemented. Vicky Pearson commented on the proposed policy and said this is a huge step forward. It still is more complicated that eliminating GRFA. She thought that a volumetric control would be the best but may not be practical at this time. There was no other public comment. John Schofield closed public input and commented on the one year process that has lead us to this point. He commented that the PEC has taken a considerable amount of time to understand the implications of this policy. John thanked Bill Gibson for his hard work. Gary Hartmann asked Bill to describe the basement methodology. Bill Gibson described the methodology for excluding basement space. He stated that it is a similar methodology as used in Aspen. Gary Hartmann commented on the parking and stated that Rollie had a good suggestion that a simple standard be created for parking at larger homes. Gary generally liked the final formulas and charts. and believed that with the work that has occurred on the charts and data that homes should not get much bigger. Doug Cahill thanked staff and commented that parking should be increased on larger homes. He liked basement definition and the graphs that were used and that demonstrated that home would not get bigger. Rollie Kjesbo originally believed the Town should eliminate GRFA entirely, but is now convinced we must keep some for of floor area regulation. He believes the proposed text is simpler and easier to understand. He felt that home will not be bigger. He felt the parking requirement should change so that homes over 5,500 square including basements should be 5 parking spaces. George Lamb believes we have come along way. He asked about how we would account for duplexes and basements, and Bill Gibson answered his question. Erickson Shirley hoped that in the future technology will be available to create a volumetric control. He commented on the need to bring residents back to Vail. He felt that not counting basements as GRFA will allow residents to make reasonable improvements to their homes. He also felt that staff needed to add an amnesty clause. Bill Gibson reviewed the non-conforming section of the Town Code. Erickson Shirley asked about how staff can address the need to assure people that homes will not get bigger. Bill discussed the assumptions that were made in developing the new formulas. Erickson Shirley again asked about what we would do in term of creating a nonconforming clause. John Schofield stated that we may need an amnesty clause that is clearer. John Schofield had questions about attachment A concerning EHUs, vaulted spaces, and basements for houses with steep lots. Bill Gibson clarified the proposed text. John Schofield also asked additional questions about amnesty and whether the Town should err on the side of not creating non-conforming structures or increasing the formulas. John Schofield thought the Town should not increase bulk and mass, and there should be a transition by creating GRFA. John liked Rollie Kjesbo's idea on increasing parking requirements. He also asked to change the vaulted space plate height from 14 feet to 15 feet. John also asked about rounding up the GRFA equations. Bill Gibson explained the rational in the formulas. John Schofield indicated that the difference between proposed and the existing have a 1olo difference. John Schofield passed the chair to Erickson Shirley. John Schofield recommended that that the PEC recommends approval for amending GRFA in the zone districts outlined in the staff memo in accordance with the findings in the staff memo with the specific changes. John asked that staff fax the changes to the PEC prior to fonlrarding the recommendation to Council. Motion: Second: Vote: John Schofield Rollie Kjesbo 6-04 8. Recommending approval of the request, per the staff memorandum, with the following modifi cations: 1) Page I of Attachment A should be amended such that the parking standards are increased to 3.5 spaces for dwelling units with floor area of over 4,000 and less than 5,500 sq. ft, and to 4.5 spaces for dwelling units with more than 5,500 sq. ft. 2) Page 6 of Attachment A should be amended such that vaulted areas with a ceiling plate height greater than 15 ft should counted on multiple levels. 3) Gross Residential Floor Area (GRFA) regulations for the residential zone districts shall be repealed and be replaced with Floor Area Ratio (FAR) regulations. 4) An amnesty clause should be adopted in conjunction with the adoption of the Floor Area Ration (FAR) regulations. The amnesty clause should have no time limit, waive Town of Vail application fees, and prevent the creation of non-conforming properties in regard to Floor Area Ratio (FAR). 5) Any loss of development potential currently allowed by the existing Gross Residential Floor Area (GRFA) regulations that is caused by the adoption of the Floor Area Ratio (FAR) regulations shall be considered justification for a variance from the Floor Area Ration (FAR) regulations. A request for a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code. to allow for a residential addition in the Gore Creek setback. located at 4444 Streamside Circle / Lot 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisio, represented by John Pe*ins.Planner: Allison Ochs TABLED TO SEPTEMBER 22, 2OO3 A request for a request for a variance from Section 12-78.-15, Site Coverage, Vail Town Code, to allow for awnings over existing second floor deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, VailVillage 1st Filing. Applicant: Remonov & Company, Inc., represented by Knight Planning ServicesPlanner: Matt Gennett TABLED TO SEPTEMBER 22,2OO3 A requesi for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12-7B'4B., Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1't Filing. Applicant: Remonov & Company, Inc., represented by Knight Planning ServicesPlanner: Bill Gibson WTHDRAWN A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master Plan, and setting forth details in regard thereto. 9. 10. 11. Applicant: Town of Vail, represented by Greg HallPlanner: Warren Campbell TABLED TO SEPTEMBER 22, 2OO3 12. Approvalof August 25,2003, meeting minutes 13. Information Update Sign Code Ordinance Outdoor Display Text Amendment Rezoning of Lots 1 & 2, Mill Creek Subdivision and Lots P3 & J, Vail Village First Filing Results of the Economic lmpact Study on Guest Accommodations The applications and information about the proposals are available for public inspection during regular offlce hours in the project planne/s office located at the Town of Vail Community Devefopment 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 September 5, 2003, in the Vail Daily. DESIGN REVIEW BOARD AGENDA Wednesday, August 20, 2003 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION / LUNCH - Community Development Departnent - Proposed Sign Code Amendment Discussion MEMBERS PRESENT David Viele Hans Woldrich Bill Pierce SITE VISITS MEMBERS ABSENT Margaret Rogers 12:00 pm 2:00 pm 1. 2. 3. 4. 5. 6. 7. 7. 9. 10. 11. Driver: La Bottega - 100 E. Meadow Drive Halaby residence - 252 West Meadow Drive Paf residence -254Beaver Dam Road Recreation Path Bridge at Pirate Ship Park - 333 Hanson Ranch Road Vista Bahn Building - 333 Hanson Ranch Road Scoft Building - 288 Bridge Street Village Center - 124 Willow Bridge Road Michonski residence - 442 South Frontage Road East Vail Memorial Park - Katsos Ranch Park Ruth residence - 8008 Potato Patch Drive Eagle River Water and Sanitation Dishict - 890 S. Frontage Rd George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. Recreation Path Bridge at Pirate Ship Park DRB03-0328 Everstone DRB03-0332 Conceptual review of alternative building material Final review of proposed new bridge Adjacent to 333 Hanson Ranch Road/Tract H, Vail Village 5h Filing Applicant Town of Vail, represented by Gregg Barrie APPROVED WITH 1 GONDITION: 1) The applicant shall match the stone to be placed on the abutments to the stone on the Vista Bahn Building, which is believed to be moss rock, MOTION: Viele SECOND:Woldrich VOTE:3-0 3:00 pm Warren 2.Warren Applicant Kate Carey and Steve Sandoval CONGEPTUAL REVIEW NO VOTE 3. Vista Bahn BuiHing DRB 03-0073 Wanen Conceptual review of proposed loggia 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1"'Filing Applicant: Remonov & Company, Inc., represented by Knight Planning Services CONCEPTUAL REVIEW NO VOTE 4. Michonski residence DRB03-0183 Bill Final review of proposed addition 442 South Frontage Road East, Unit 30'1B Apollo ParUTract D, VailVillage 5h Filing Applicant Dave Michonski, represented by Steven James Riden CONSENT APPROVED WITH 3 CONDITIONS: 1) The proposal shall comply with all adopted building and fire codes. 2) The applicant shall remove and/or repair the existing trash and storage sheds to comply with the Town of Vail development standards. 3) The proposal shall be a master plan for future improvements to buildings A and G of the Apollo Park Condominiums. MOTION: Viele SECOND: Woldrich VOTE:3-0 5. Halaby residence DRB03-03'|1 Bill Final review of proposed change to approved landscape plan 252 West Meadow Drive/Lot 8, VailVillage 2no Filing Applicant: Theodore Halaby, represented by Segerberg, Mayhew and Assoc. MOTION TO APPROVE WITH GONDITIONS FAILED BY LACK OF MAJORITY THUS APPLICATION DENIED MOTION: Woldrich SECOND: Pierce VOTE: 1-1 (Viele recused) 6. Scott Building DRB03-0317 Allison Conceptual review of a proposed addition 288 Bridge Street / Lots C and D, Block 5A, vail village First Filing Applicant Otto Stork, represented by Micheal Sanner CONCEPTUAL - NOVOTE 7. La Bottega DRB03-0310 Allison Final review of a proposed exterior modification and lighting plan 100 E, Meadow Dr. / Lot M, Block 5D, VailVillage First Filing Applicant Stephen Virion O rABLEDT.SE'rEMBER3,2oo3 MOTION: Viele SECOND: Woldrich VOTE:3-0 8. Ruth Residence DRB03-0278 Elisabeth Final review of landscape/exterior lighting plan 8008 Potato Patch Drive/Lot 7, Block 1, Vail Potato Patch Applicant: KH Webb Architects CONSENT APPROVED WITH NO CONDITIONS MOTION:Viele SECOND: Woldrich VOTE: 3-0 9. Brandt residence DRB03-0343 Wanen Final review of changes to approved plans 1701 E. Buffehr Creek Road/A part of Tract A, Lions Ridge 2no Filing Applicant Scott and Claudine Brandt, represented by Cottle Graybeal Yaw APPROVED WITH NO CONDITIONS MOTION:Viele SECOND:Woldrich VOTE: 3-0 10. Pal residence DRB03-0098 Final review of proposed new entry 254 Beaver Dam Road lLot23, Block 7, Vail Village 1s' Applicant Joe Pal, represented by Steven Riden Architect APPROVED WITH 4 CONDITIONS 1) Thatthe driveway meets all public works requirement; 2) That the proposed parking/turnaround area in front be completely screened by landscaping; 3) That the existing boiler outside be moved inside the house; 4) That a certified tree expert be consulted on saving the trees around the proposed new driveway. MOTION:Woldrich SECOND:Viele VOTE:3-0 11. Village Center DRB03-0323 Matt Change to approved plans/Landscaping improvements 124 Willow Bridge Road / Lots C&K, 5E, VailVillage Filing 1 Applicant: Village Center Condominium Assoc., represented by KH Webb ArchitectsMOTION: SECOND: VOTE: TABLED TO SEPTEMBER 3, 2OO3 MOTION:Viele SECOND: Woldrich VOTE:3-012. VailMemorialPark DRB03-0302 Russ Conceptual review of proposed memorial park and cemetery Katsos Ranch Park, Unplatted Applicant Vail Memorial Park Foundation APPROVED WITH 1 CONDITION 1) That staff approve of the Design Review Board application after all PEG and Town Council approvals occur for this application. MOTION:Woldrich SECOND:Viele VOTE:3-0 13. Eagle River Water and Sanitation District (old town shops) DRB03-0309 Matt Demo of existing building and re-vegetation plan 890 S. Frontage Rd./Tract C, VailVillage Filing 2 Applicant: Ron Siebert, Eagle River Water and Sanitation District APPROVED wlTH NO CONDITIONS MOTION:Viele SECOND: Woldrich VOTE:3-0 Staff Aporovals Spraddle Creek Construction Sign DRB03-0305 Allison Temporary site development sign 1094 Riva Glen / Lot 4, Spraddle Creek Estates Applicant: Michael English Aguirre Residence DRB03-0252 Allison Dormer and deck addition 600 Vail Valley Drive, Unit A-14 / Northwoods Condominiums Applicant Segerberg Maayhew and Assoc. Saphire Restaurant DRB03-0247 Allison Menu board and business lD sign 223 E. Gore Creek Dr. / Creekside Condo Applicant JoelFriE Sunburst Re-roof DRB03-0290 Elisabeth Same for same cedar shake 1855 SunbursWail Valley 3'd filing, Lot 64 and 68 Applicant Duncan Rowley, Plath Construction Stephens Park lmprovement Elisabeth Installation of Frisbee golf basket 2795 S. Frontage Road West Applicant Eric Bain, Town of Vail Parks Mason Residence DRB03-0315 Warren Replace existing wood tie retaining wall with boulder wall 2602 Cortina Lane/Lot 2, Block B, Vail Ridge Applicant: James Mason and Jennifer Frank O Hyatt Residence DRB03-0319 Driveway modification and spa addition 1200 Ptarmigan Rd. / Lot 1, Block 8, Vail Village Filing 7 Applicant Eileen Hyatt Gart Sports DRB03-0294 Allison Removal of awning and relocation of existing sign 2171 N. Frontage Rd West / Lot 2-A, Vail das Schone Filing 3 Applicant ADCON signs Houtsma Residence DRB03-0314 Allison Change of windows 1468 VailValley Drive lLol17, Block 3, VailValley 1"' Applicant: John and Bobbi Ann Houtsma Battin Residence DRB03-0280 Allison Window addition and change of stucco to siding 8028 Potato Patch Drive I Lot 4, Block 1 , Vail Potato Patch Applicant Peter Baftin Steinberg Residence DRB03-0318 Elisabeth Re-roof, same for same cedar shakes on south side of residence 1022 Eagles Nest Circle/Lot 3, Block 6, Vail Village Filing 7 Applicant Horizon Roofing Meister Residence DRB03-0316 Elisabeth Re-roof, same for same cedar shakes on both duplex sides 1359 Greenhill CourULot 18, Glen Lyon Subdivision Applicant: Master Sealers Inc. Crossroads DRB03-0307 Allison Staining of stair towers with clear fire retardant 143 E. Meadow Drive / Lot P, Block 5D, Vail Village 1"'Filing Applicant Steve Stafford Vail Das Schone DRBO3-0338 Warren Change to approved re-roof plans 2121 North Frontage Road WesWail Das Schone Filing 3 Applicant: Vail Das Schone Condo Assn., represented by Scott Wirth Shimon Residence DRB03-0289 Matt Replacement of failing retaining wall 182E Alta Circle/Lot 42Yat Village West Fil. 1 Applicant: Green Valley Landscaping Wolff Residence DRB03-0303 Deck improvements and landscaping 2730 Bald Mountain Road/Lot 28, Block 2, Vail Village Fil. 13 Applicant: Ryan Chessmore Gorsuch Residence DRB03-0266 Window replacements, new spa, deck improvements 767 Potato Patch. #1 Lot 34, Block 1, Potato Patch Applicant Jane Snyder, Resort Design Maft Matt O Byers Residence DRB03-0284 Elisabeth Re-roof from tar and gravel to asphalt shingle 4562 Streamside Circle EasULot 17, Bighorn Subdivision,4h addition Applicant Tom Beck/TA Beck Roofing 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 Devefopment 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. From Land Title Guarantee Fr'l 14 Mar 2003 05:38:3E Ptil MST Page 1of 9 Land fitle Guarantee Company CUSTOMER DISTRIBUTION Dste: 0$14-2lxr3 hoperty Address: VAC\NT TOV IAND FOR MANTORIAL PARK Our Order Nrmber: VGng3ts,6 TOWN OFVAIL 75 S, FRONTAGffi XD. vAtr co u657 AE$ RUSS FOREIT 8g,: tl04l9-?4'52 scnt Vh Frr DIANADONOVAN CALLFON,PIffiUP WNEN NEADY Vtu:9lO4lG27El ftnlElHr From Land Tit'le Guarante€ Fri 14 Mar 2003 05:38:38 PM MST Page 2 of 9 LdTitleO.rdeehpmy xrnG.Irrc[s Date: 03-1+2003 Our Order Nuuber: Vgr9336 Property Address: VACANT TOV I,AND FOR M&IORIAL PANK Buyer/Borrower: TOBE DETF,RMINED Seller/Owner! TO\ilN OFVAtr4 A MLJMCXPAL CORFORATId! If you have rny lnquir{€f or requlre firrther asslstancg please contect one of the nrnmbers below! For Closlng Assistrnce:For fith Asglstance: Vdl Tlde Depe RogerAvlla IOt S. ETONTAGS RD. W. P.O. BOX 357 vAtr4 cI) 81657 Plsrrl 90-{16-XEL Eg: 970416-4534 Etr\rldk nvtla@l$c.com N€ed a msp or dlrecdons for your upcornlng closlng? Check out Land fitle's web site at wvw.lQc.comNsec a map or ( for dfuiectlons to offlce EINMATEGIITIEE AltB OrvrErs Folicy 10-17-92 fBD T(TA s0.00 lo.a cdllgl THANK YOU TIOR YOUN, OnI}ENI From Land Tlt]e Guarantee Frl 14 Mar 2003 05:38:38 PM MST Page 3 of 9 Odcago Tlde lrurore Cotrylry ALTA COMMTTMENT Schedule A Property Addrtss: VACANTTOV I,.AND FORMEMOnIAL PANK Our Order No. VCdl9336 CusL Ref.! 1. Effectlve Da3e: Mrrch 05' 2003 rt 5:00 P.ll4. 2. Pollcy to be Issued, and ProPosed lngured: "ALTA" Onrrt's Pollcy l0-tl-92 hopared Insusd: TOBE DETF,RMII\ED 3. The €strte or lntercst ln the lrnd degcrlbed or reterred to ln thls Cornmlbnent and coYered hereln ls: A X'ee SlSe 4. fitle to the estste or lnter€Et covercd hcrdn ls at the effccflYe date hereof vested ln: TO1IAI OF VAtr4 A MTJMCXPAL CORFORATTON 5. The land referrcd to ln tlrls Comrdtnent ls descdbed rs follovs: SE ATTACHE) PAGF{S) T1ORLEICAL DESCRIPTIO{ From Land T'ltle Guarantee Fri 14 Mar 2003 05:38:38 PM MST Page 4 of 9 OurOrderNo. VC279336 IEGALTE(FPn(N PARCH. 1: BEGII{NINGAT A FOINT ON TIIE SOUTII LINE OF SEIC 2, T. 5 $, R tO W., 6TII P.N[' SAID POINT BEING S E9 DEIGRMS '|4 MINUTES OO SECI)NDS W., A DISTANCE OF 1039.U' FEET FROM TIIE SOUTIIEAST CORNER. OF SAID SEc: 2, SAID FOINT AISO BEING AT TIIE FOINT OF INTERSECTION WIIII TIIE SOUTFIWESIMLY nIGHT OF WAY LINE OF TTIE EXJSTING U.S. HIGIIWAY NO. 6 AI\D THE SOUTII UI\[E OF SAID SEC 2; TIIBI(D N 45 DEGREES 33 MINUTES m SECOI\DS W AIroNc SAID SoUTIIWESTERLY RIGITT oF WAY A DXS"IAI\CE oF 93.20 FmT T() TIm FOINT OF CURVATURE OF A CURVE T0 TIIE Lm'T, HAVING A RADIUS OF 2815.00 FMT AND A TOTAL CEI\TRAL ATTIGLE OF S DBGRMS Lz MINUTF^S OO SECONDS; TIIE$ICE ATJONG TTIE ARC (X'SAID CURVE A DISTANCE C,iF NLN FMT TO TIIE FOINT OF TAITIGHTICY; TIIH\ICE N 54 DEGREES 45 MINUTES OO SECONDS W A DXSTANG OF 209.93 [.ffiT; TTTENCE IN A SOUTIMESTERLY DInECTION Tt) A FOINT (n\ TIIE SOUTII IINE G'SAID sEc 2, wHrcH FoINT XS S E9 DBGREES 44 MINUTES 00 SECONDS W A DtrSTANCts OF 1128.15 FROM TIm FOINT OF BEGINNING; AIrID TIIE'IICE N t9 DEGREES tl4 MINUTES 00 sEcoNDs E A DXSTANCE OF 1UZt.15 TO TIIE FOINT OF BEGII{NING, COUNTY OF EAGI,q STATE OF COI.ORADO. PARCTX,2: BEGIIININGAT A FOINT ON TTIE SOUTIIWESTtsRLY RIGTIT oF' WAY OF TTIE EXISTING U.S. IIIGHWAY NO. 6 IN SEc. 2, T. 5 $, R" t0 W., 6TH P.l[ (WHICH FOINT IS I]OCATED BY STARIING AT A FOINT ON TIIE SOUTII LtrI{E OI'SAID SEC. 2, S t9 DEGREES '14 MTNUTES tn SECONDS W, A DXSTANCE OX'1039.ilr ImT, FROM TIIE SOUTIIEAST coRIYEn OF SAID SEC. 2; TIIEITICE N 46 DEGRm^S 33 MINUTES 00 SEC{)NDS W AITONG SAID SOUTFIWESTMLY RIGIIIT OF WAY A DXSTANG OF 93.20 F'EET TO TTIE FOINT OF CTJRVATURE oF A CURVS TO TIfi Lff'T, HAVING A nADIUS OF 2t15.00 rmT AND A TOTAL m\nRAL ANGLE OF I DEGnms U MINUTES lX) SECONDS; TIIE\ICE ALONG TIm ARC OF SAID CURVE A DETANCE OF 4l)2.r, FffiT TO TIIE FOINT OF TAI\IGEhICY; THHTICE N 54 DBGRmS 45 MINUTES 00 SECONDS W A DXSTAI{ffi OF 209.93 ImT TO A POINT, WHICH FO{NT XS TIIE FOINT OF BEGII\INING); TTIEITICE N 54 DEGRMS 45 MII\ruTF^S OO SECI)I{DS W A DXSTANCE OF 707.49 TffiT TO A POINT ON TIIE SOUTHWESTERLY RIGIff G'WAY LINE OF SAID HIGTIVrAY; TIIET\ICE S OO DEGRBTS OO MINUTES OO SECONDS W A DFTANCE OF t54.06 FEET TO A FOINT ON TIIE SOUTIILINB OF SAID SEC 2; AND TIIENICE IN A NORTIIEASTEnLY DIRECTION TO TIIE POINT OI'BEGII{NING, COUNTY OF F,AGLE, STATE OF CI)LORADO. PARCEL3: A PARCE OF LAI\D LYING IN TIIE SOUTII IIALE OF SECTION 3, AI{D TIIE SOUTII HAII' OF SFfTION 2, TOVyNSHIP 5 SOUTII, RANGE t0 WEST (X'TIIE SD(TII PRINCIPAL MERIDIAN' coLlNTY OF EAGLF, STATE d'CI)II)RADO, AND LYING S(XTTTI OF VAIL VILL,Affi H,EVUiITII f,.ILING AI\D SOTJTTI oE'INTRSTATE HIGIIYYAY NO. 70 RIGIIT (X'WAY, MORE PARTICIJLAXLY DESCXIBED ASFOLII)WS: BEGINNINGAT TI1E S(XJTHEAST CORNER OF SAID SElcTIOli 2; THB\(E AL.ONG TIIE S(XJTH LII\E Or SAID SECTION 2, S t9 DEGRmS 52 MINUTES 42 SElCotIDS W A DISTAI\G OF 2L39.53 FmT TO TIIn TRUE FOINT OF BEGII\NING| TIIH'{CE N 00 DDGnms 26 MINUTES 20 SBCONDS W A DXSTAI\ICE OF 760.11 FMT TO A FOINT ChI TTIE SOUTII RIGIIT OF WAY OF TNTERSTATE HIGIIWAY NO. 70; THB\@ ALONG SAID ruGHT OF WAY ON TIIE FOLI0WING SD( c(xlRSES; (1) N 54 DEGnffis 07 MINUTES sE SECONDS WA DXSTANCE OF 35.40 rmT; (2) From Land Tit'le Guarante€ Fri 14 Mar 2003 05:38:38 PM MST Page 5 of 9 Our Order No. VC2ir9336 LgLIEIFmo.l N 24 DEGRES 52 MINUTES 19 SECoNDS W A DFTAME oF Ul0-00 FEtsT; (3) N 63 DEGRffiS 29 MINUTF^S 22 SECONDS WA DETANCE OF 57s.t0 ffiT; (a) A DISTAI\G OF 276.50 FEET AII)NG TIm AIIC OF A CURVE T() TIIE Ltr'T, SAID CtiRVE IIAYING A RADIUS oF 1?60.00 tr'ffiT, A ffi\TRAL ANGT,E Otr' 09 DEGREES 00 MINUTES 02 SECONDS AND A CHORD BEARINGN 74 DEGNMS 02 MINUTES 5E SECONDS WA DISTANffi OF TI6.2riEET; (5) N s4 DEIGREES 36 MINUTES ilE SECONDS W A DXSTAFICE OF s75.t0 FmT; (6) N t7 DEGREES 33 MINIJTES 05 SFfONDS W A DXSTAI{CE OF tt4.OO FTET TO A FOINT (x\ TIIE EAST BoT]NDARY OF SAID VAIL VILLAffi EX.EVS\TTI FILING; TTISICE AIJO\G TIIE EAST AND SOUTTI BOT]NDARIES OF SAID ELE\rH\TTI FILING ON TTIE F()Ltr.()WING NIITTE COUNSES: (1) S 14 DEGIEES s6 MINUTES lt SEC{)NDS w A DISTANCE' OF 62.62 FET; (2) s 33 DEGREES 30 MINUTES 00 SETCONDS WA DxSTAI{CE OFzz0.00 FmT; (3) N t9 DEGRmS30 MINUTES 00 sECoNDs w A DISTANCE OF 270-00 XBT; (a) s 74 DEGREES 00 MINUTES 00 SECONDS W A DXSTANCE OF 210.00 FEET; (s) S t9 DEGRffiS 5t MINUTES 30 SElc(Xt{DS W A DXSTANCE OF 410.00 IBT; (6) S 64 DEGnEmS zl MINUTES 00 SECONDS W A DETAIICE oF 180.00 FmT; (7) S 45 DEGnmS 2E MIMTES 00 sEcoNDs w A DxSTAIqCE OF 2t0.00 FEET; (s) N ilo DEIGREES 32 MINUTES 00 SECoNDS w A DISTAi\ffi oF ZAs.00 FEET; (9) N 62 DEGREES ffi MINUTES44 SECONDS W A DISTAI\CE OF 5A.72 FBT; TIIENCEN E9 DEGR$S 15 MINUTES 19 SECTNDS W A DXSTAIICE OI' 100.00 IEET; THm{CE S 6t DEGRffiS 44 MINUTES 41 SEC{)NDS W A DXSTAIYCA OF 2:20.00 FffiT; TIIH{G S 52 DEGnmS 44 MINUTES 41 SECOI\DS W A DISTANCE OF 190.00 tBT; TIIH\ICE S t9 DEGRmS '|4 MINUTES 41 SECOIIDS WADISTANCEoF2A0.00FreT; TIIENCEN t3 DEGRmS20 MINUTES l7 sDcoNDs w A DFTAI{CE OF 300.00 FffiT; THU\G N 67 DEGnEDS 20 MINUTES 17 SEC()r{DS W A DISTANCE OF 300-00 FffiT; TIIENG S 70 DEGRmS 39 MINUTES /|:l SECOI\DS W A DXSTANffi OF 230.00 FEET; TTIEX\Cts S 15 DEGnEES 10 MINUTES 13 SECONDS E A DXSTANCE oF lJZ6.41 [ffiT; TIIilICE S 5t DEGREES 01 MINUTES 24 SECoI\IDS W A DISTAN(E OF 380.00 FffiT; TTIENffi S 1? DEGREES 01 MINUTES 24 SDCONDS W A DIS:IAI\G, OF 255.00 I'EET; TIIB{CE S 63 DEGREES 01 MINUTES 24 SECONDS W A DISTANS OF 665.00 FEET TO A FOINT ON TIIE SOUTII LIITE OF SECTION 3; TIIBTICE ALONG SAID SOUTII Ln[E S t9 DECRMS 23 MINUTES 3E SECONDS E A DETANCE OF 1059.39 FEET T1O TIIE SOUTII ONE QUARTER CI)RI{ER OF SAID SECTION 3; TIIH\CE CONTINUING AlI)llG SAID SOUTII Lil{E S t9 DEGRET'-S 23 MINUTES 3t SECONDS E A DFTANCE OF 261E.7E FEET TO TIIE S(XJTIIEAST coRNm. oF SAID SECTIOI\ 3; AISO BEING THE SOUTIIWEST CI)RNm. OF SND SECTION 2; THEhICE AIrOt{G TIIE SOLJTII LINE o['SAID SECTION 2, S t9 DEGRmS /$ MINUTES ils SECONDS E A DXSTANCE OF 26Y2.5I FEET TO TIIE SOUTII OIIIE QUARTEN. CONNER, OF SAID SEITION 2; TIIHICE C0NTINLJINGAIIX{G TIIE SAID SOUTII LINE OF SAID SECTION 2' N t9 MINUTES 52 MINUTES 42 SECOIIDS F- A DFTANG OF 509.4I FTET TO TIIE TRUE POINT OFBEGINNINq CdJNTY OFEAGI,F,, STATE OF COI,ORADO. NOIE! THE FINAL POLICY DOES NOT IN AI\Y WAY GUARANTEE oR INSURE TIIE DIMEX\SIoNS oF TIIE ABOVE DESCRIBED IAND, TIIE LEGAL DESmIPTION F DFnWED FROM THE CHAIN (X' TIILE AIID OrriLY AN ACCURATE SURVEY CAN DATERMIITE fiIE DIMEI'ISIONS. From Land Tit]e Guarantee Fri L4 ilar 2003 05:38:38 PM MSTo Page 6 of 9 ALTA COMMITMENT ScMileB - Secflon I (ReErtrcments) Our Order No' VCny336 The following are the requlrements to be complled wlth: Ibrn (a) pryrril to or for llr rccourt of tlE grmlorls or mdgagors of tlt trtl consldertdon for tlE csbte or intrirst to be tu|red Item (b) hoper lrstuan(s) cnadrg ttE est|te or trbnst to be lnsutd rmnt be exeorbd sd fuly fled for rccond' b-wlb Ifem (c) payrent of dl trx33, clurge or Gser$rsrb levied md assessed agdnst tln n{fect predres wldch orc &re ud pryalie. ItcNn ( ) Adddornl rtqrdrcranrts, lf uty dsclosed below: THIS COMMITMH\T XS FORIIYFORMATIO\ OllLY, AllD NO FOLICY WILL BE XSSUED PURSUANTHMETO. **r****'r't't NOTICE (X'trTrc CHANGE, EFFECIWE SEFTEMBER 1, 2002 rr****r*t* Rr$|allt to Colonrto Revlsed Stdile 30-10421, 'Tlt courty clerh ud ncorder shdl collect a nnlnrge of $1-00 for eoch doc1aprtr rrcdved for recordrg or fllirg fui lds or ltr ofilce. The srmlurge shrtl be ln sddfion to rrry ollEr fees penrdtted by shtlb- " From Land Tit]e Guarantee - Fri 14 Mar 2003 05:38:38 Ptl MST v Page 7 of 9 ALTA COMMITMENT Schdule B - Secdon 2 (Exceptlons)Onr Order No. Ve:r9336 The pollcy or policles to be issued witl contaln exccptlons to the followlng rmless the same are disposed of to the srtlsfactlon ot the Compeny: 1. Rghb or cldrn of pardes in possesslon mt slnwn by tfr pblc records. 2. f,'qcemenb, or clsirB of esercnts, mt shown by tlE pulc rccords. 3. Dlscrcluries, corfllcb tr boudrry tlrEs, slmrbge ln areg arroachrnb, nd ary frcts wlddr t concct stwey ard trspecfion of tlt prerdses wor{d dsclose ard wldch are mt slmwn by 0E F$lic rtcolds. L Arry lien, or dght t0 a lieq for services, labor or rm0erid tlnrtfofort or lErtdbr finrdsH' ilQosed by hw erd mt shown bY dr PUic recor{s. S. Defecb, llens, ernmbrurces, odvense claims or otlrr rntbrs, if ngr, creat€4 flrst apearirq5 in tlE F blc recoris or aftuHrlg suhequurt to tlE effecdve dale lnreof hrt prior to fire dale th ptoposed lnsured acqdrcs of ncord for vatrr tlrc eshb or Intercst or rmilgage llrcreon covertd by tlds ComdnrenL 6. Taxes or qrclal asses$rnts whlch 8tE not shown r edstirg lleru by ur puHlc recor{s. .Z^ Llerx for rnqdd waEr ad sewer clErges' lf f,V.r Y hr adddon, fhe owrcds policy wlll be sdrJect b tlt rmqrye, lf ury, mtsd In Sec0on 1 of Sclrdlle B lrcnot 9. RIGIIT OF PROFRMTOR OF A VEIN ORINDE TO UTRACT AI{D REMOVE HXS ORE TITEREFROM SIIOULD TIIE SAME BE FOUND TO PB{ETNATE OR INTERSECT TIIE PNEil'IISES AS RESERVED IN UNITm STATES PATEX\T REC{)RDED APRIL 28, 1900, IN B(x)K 48 AT PL@.4T1. 10. TERNIS, CONDITTONS AND PROVISTONS OF UNDERGROUND RTGTIT (X' WAY EASEMEI\IT RECORDD SEPTEIVIBER 17, 1990 IN B@K 537 AT PAGE IZT. 1I. AI\YADVER.SE CX"AIMBASED UFON TIM ASSERTION TIIAT TTIEII)CATTON OF TTIE GORE CRWKTIASMOVM. D. I,ACIC OF ACTESS TO AI\ID FROIVT PUBLIC ROAD, HIGIIVYAY' OR STNMT. From Land Title Guarantee Frt 14 Mar 2003 05:38:38 PM MST Page 8 of 9 LAND TITLE GUARANTEE COMPANY DTSCLOSURE STATEMENTS Not€! PrEunlt to CRS 10-11-UUt, mdce is lrreby $ven tlnt A) The sulflect rcol PmFlty rmy be locabd In a special hdry dsdcL B) A Certflcde of Thxes Drr llsdrg each drg ldsdcdon ruy be obtdEd fmm tl coEty Tbasutt's Etthdzed ogent C) The lilonmdon rtgrd4 special dirdcb ard tlt borndarle.s of $rch dstricb rry b obtrtrcd fiom tn Bord of Cormty Cornrfsslornrs, dE Couty Oerh ard Recorder, or tlr Coutty Assessor- Nob! Effectve September 1, 19yr, CRS 30-10-406 rcEdrts 0nt dl doorEnb recftYed for rcc:ordrg or ftlirg in tln clerlr ard rccordef s ottrce slntl contdn a top rrargin of et least orc |rrh a.rd t ldq rlglf, utd botlom rmrgln of at lert orE hrlt of an irrclr. Th clerk ard rccorder rmy reftrse to rccord or tlle sry documnt lhrt does-mt corforrq except tlnt, tlt r€qdrrrEnt for tb top rnrgtr slnll mt ryfly to docrrrErt uslrg fonr on wtdch sFce is pmylded for r€cordnrg or filtrg irtronmdon at tlE bp rmtgln of tlE docurent Note: Colorndo Divlslon of Insu:urc Regulafiors 3-5-1, Pu4rqh C of Ardde Vtr rcEdrts tlnt 'EVerT dde enfty stEll be nsporntHe for all rmtters wldch apear of rccord plor b dE frE of recotdrg wpmvei 0rc dde endty cordf,b Or closirg ard ts rerpomige for ncordrg or fllfug of legal docunnb rcsulthg from 0r hlnsacdon wldch was ctmed". Ptovtded 0ut Ir1d fide Gluar'othe corryory condrcb t closlrry of ttr lrsurd ffisacdon d is rcsponsible for ncordrg tln legal doolrnts from tl1 trarsacdorq excepdon rrrtrber 5 will mt ryen. on lfu Orvler's Ttde Potlcy ard drc Lcnders Folicy when tssrrd. Notr: Atfrnudve trclurdc's lion pmbcdon for tlr Owrrr rry be svatlable (ty$cdly by deledon of kcepdon no. 4 of Scftefute B, Sec[on 2 of tlE Cormdtrmnt ftom Or Otrtds Follcy to b issrrd) upon con$iurce wlth dE followlrg conddorn: A) Tfr |{rd dcscrtb€d h Schedrle A of tlds cormitEnt nast be a slrgle fardly resldance wldch funldes a cordondrdun or towdnuse udt B) No labor or rnabrials have been firtfihed by rnclnrdcs or rmterial-rcn for pryoses of constrrdon on tlr lard described in ScHule A of tlds Conndtrcnt wlddn tlr past 6 nror{lts. Q Trr Corqoy nllst Eceive m Qropriol€ fidsvit fudemdftilB tlrc corryary qdnst uDtrled rrechrdc's ard tnierid.rcn s llerr. D) The Cor4oIy rnrst receive pyrrerf, of th ryopriate pudun D n oH.e lrc been corshrrdoll, lnpmverEnb or rmJor rcpairs urderh*en on th FoPery b be FrelEed witldn slx rmn0rs plor to tlE Dab of dte Cor|rldfunt' Or reqdrtrretlts b obhln coveqe for urrecorded liers wlll inc|rde: dsclosurc of ceilNfoi corrtnrcdon lrdorrmdon; trmncial lrtronmflon s to 0 seller, 0rc hdlder sd or llrc conh*bE poyrrnt ot ttr aproprtab prtndun ttlly €xecubd lrdfrmlty Ag€e|Enb satlsfactory to tln cor4oy, ard, uty adddoml r€qdHrnb as ru5r be necessary dler ur exndr.r'lon of tE dorcsald llfonEdon by 0r Cor4ory' No covenge wlll be given uder qty clrttrrtanc€s tor lebor or rmlertal for which the lrrmed hrs con[acbd for or sgrced to PY. Note: Prmrnnt to CRS 10-lf'tl3, mdce ls lnrcby glveru A) TlEt 0Ere ls recorded eviderrce tfint a rdpral eshte hrg been severed, lesed, or ofirllse conveyed ftom tlr flnfre eshb ard ftst fur€ ls a subturflal llkelllnod fiat a tldtd porty hol& som or ott lntertst ln oll, gos, oflrer rdrerrls, or geotrenul energr In the rlperty; ut B) That srrh rdrnral esbb mry hclde tE rlght b enter sd use tlrc prupedy wl0nu tn sEfre owttt's pendsston Tlds mdce ryflles b owrrds pollcy corudlsrb contrlrdrg r rdlEral seYetrflrce inslrlrent excepdoq or €xcepdorc tn Sdnfule 4 Secflon 2- Notdrg herdn contahed wlll be deermd b oblgah 0re corryrry to pmvlde arry of the coverages nfened to ltnln urless dr sbove conddor or€ ndly safsn€d. t@ DlgIOgE OglOLlo| From Land Tit'le Guarantee Fri 14 Mar 2003 05:38:38 Pl, MST Page 9 of 9 JOINT NOTICE OF PRTVACY POLICY Ftdellty Nrdonel Flnonclal Group of Companies/Chlcago fitle Insurence Compo.ny and Land Tltle Guarsntce CornPanY JulY 1' 2001 We recosize ard rcsp3ct gre privary €xpectrflo6 of tDdry's conntrtEr ail 0E r€quirtrrcttb of lSicable lq-denl -djti,tr-ut-ficv-tr*".-iy6 befeie'0ut rin}iix vou rsart of liow we lse your mDprldlc peqorul totfoim{ol ('"erlsotd Irtrorinqdoil'). sd to whom lt is disclosd wlll form dr basls for a rtlalionshiP oI hlst betwoen us !r[ uE Frdlc tht we selYe. Tlds htv0cy ShlerEnt Hovides that cxplanrdon We rescwe UE dght to cltarye thils ttlYacy ShHrnt fmm drn b drn conslstent-wlth apflicable prlvary lms. In the coune of our blstresg we mry collect Personal Infonnadon rbout you from the followhrg sources: * Xtrom amllcadons or otlEr lonE we rtcelVe fmm you or yorn au0mrized rcptsentrdve;* Ftom v'oin uansacdom wlllu or fmm tlr servlces belrg Frformed by, us, orr atfl[ans' or ollErs;* f,hom -orn lntcrrpt web sltes:I Ftom tr urbllc rccor{g rmintsirEd by govertlEnhl enddes tlut we ellbr obodn dirccdy fiom tlnee enddes, oi fmm orr rfhtates or o0ritiandI F)om cbrsumr or othr rcportirg agerdes. Ogr Policles Regardftrg the hotecdon of the Contldenttality and Securlty ol Your Personsl Informrtlon We main0rin ohvslcd. ehch,ordc sd pocednlt sde$|rr& to fobct yoUr Penor4l lrtronmdon from unutmrized ii3j$-oiirifffiori$e Fdtaccess ti Urc Rnornl lfformailoir ordy ti those ergoyees who rredsudr ecess ln cornrccdon wlth povldrg pmdrts or sewlces to you or for otlrcr leglflrmt€ hEiIEss trtrToses. Our Policies and Practlces Regarding the Shrrlng of Your Personal Infonnadon We mav slurt votn: Fersonol lrtronmdon widr orr offillates, zuctr r inflrflice corryqdes' agents, ud olhr real eshre sbdemerit servlce pmvlders. We also rqr dsclose your Fenonrl Inlonndon I to eenb. hkers or rcresentalives b fovide you wlth servlces you lrave rcEEsted;* to frrd-I;|ry contrton or servlce pm?iders w-ho pmvide setrices or perfonn marltetttg or otlEr finrcdort ori orr beMf; ard* to otlrcrs with whom wri enter hto Joint rnr*edrg agmermnb for pnodrcb or servlces that we believe you tuy ftd of foibttsL In addtion we wlll dsclose yorr Fersornl lrfonmlion wlEn you drcct or give us pendssloq wlEn we ate rsldltd 6ly lry to do so. or wftn we-susptct frordilent or cdnilml rllvlties. We rlso lry dlsclos! yotn ttrlolql Iitronnlion wli:n otlnrwise DenitiEed by edlcable givara laws $Eh as, Ior exar$g when ([sclosrrc |s needed fir ertrorce orr righb dsng Aut of srry dgdemeil, trracdon or rtladorrldp wltt you Orr ot tlE trnorElt resDrEitat|des of sorE of orr filtaEd corryries ls b ttcord docuHtE h tlt ptbllc dordn Such'docrrrent$ rqr conhin your Personal lrforrudon - Rtght to Access Your Personal Informadon and Ablllty to Correct Emors Or Request Changes Or Deledon Cerdn sbtrs dtror{ vou 0rc rlfht to access yonr Fersonal lrtromadon od, uder certdn drcurtrrres, to flrd out o itnm vour Fersorirl ltrondtion lns bed dsclosed. Also, cerfitr sbtcs dloId you fiE rigl* b qeq+{t - correctiori. srndrnt or delelion of your Fenonl lrfonnation We ttgele tlr rISht wlrr€ Frmltled by lrw' lo clnrge a rirasorrble fee to cover tlt cixe lrnured In rcspoditg b $rh requests. All rcq||e.eb $r!mj]t&d to BE Fldetlty Na[ornl Fhnlrial Grolry of C-otryades/Odcago Ttue In$rflre Cotqalty shall E in wrldrg, sd delvertd to-0rc followlrg ddrress! Ptlvacr Corullgte OIcer f,Id€||& Nad6ml Flmrrclal. trc. 4050 Cdle nrol S\dte Zl0 S{trBorhrs' CA93110 Muldple Products or Serdces tr we wvlde you wlth mrr llnn orE thrrld pmdrt or sewlce, you ntry rtcdve rrnre ftm orr p'lvacy mdce tom us. We {nloglze for rry lrrcomederre llds rmy core yorl. !6 ERrv.FC[..c8 $ rrrr"r "il$i,r.=$J;3H- nnoeQr NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 'l2-3-6 of the Vail Town Code on August 25, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: t A request for a final review of a subdivision of the Katsos Ranch property (unplatted), pursuant !|-lo Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to,-Section 12-88-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery;! and a final recommendation to the Vail Town Council of a proposed rezoning of the property lrom Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel o-f land located in the southeast quarter of Section 2, Township 5 South, Range 80 West of the 6rn Principal Meridian, and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department). Applicant: Vail Memorial Park, represented by Merv LapinPlanner: Russell Forrest A request lor a variance from Section 12-7A-15, Site Coverage, Vail Town Code, to allow for awnings over existing second floor deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov & Company, represented by Knight Planning ServicesPlanner: Matt Gennett A request for a recommendalion to the Vail Town Council of proposed text amendments to Title 14, Section 10, Development Standards Handbook, Chapter 8, Architectural Design Guidelines, Lionshead Redevelopment Master Plan, and Vail Village Design Considerations, Vail Village Urban Design Guide Plan, to allow for the use ol temporary enclosures of outdoor dining decks, and setting for details in regard lhereto. Applicant: Town of VailPlanner: Matt Gennett The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the proiect orientation held in the Town of Vail Community Development Department otfice and the site visits that precede the public hearing. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing lmpaired, tor additional information. This notice published in the Vail Daily on August 8, 2003. Yr-- -- /rr,^ ]t'; {74 Bylaws of Vail Memorial Park Foundation ARTICLE I NAME AND LOCATION 1. The name of this organization is Vail Memorial Park Foundation. 2. Until othenntise fixed by the Board of Directors, the principal place of business of the organization shall be ARTICLE II MISSION The mission of the Vail Memorial Park Foundation is to provide a memorial park to commemorate the lives and history of people who contributed to the befterment of the VailValley. ARTICLE III OPERATION IN A COOPERATIVE MANNER The organization shall be operated in a cooperative manner and upon principles applicable to cooperative corporations, associations and organizations. In this regard, goals of the organization shall include: ARTICLE IV BOARD OF DIRECTORS 1. Directors. The property, affairs and business of the organization shall be managed by the Board of Directors. The Board shall consist of 7 Directors who are diverse representatives from within the Town of Vail area and reflect the makeup of the community served. The number of Directors may be increased or decreased at any time by amendment of these Bylaws, except that no decrease in the number of Directors shall have the effect of shortening the term of any incumbent director. 2. Election and Terms. The Directors named as the initial Board of Directors shall serve until the first meeting of the Board of Directors in January. Thereafter, Directors shall be elected at an annual meeting of the Board of Directors after a public notice of vacancies and the advice of the Town of Vail Council for terms of 4 years commencing at the January meeting of the Board of Directors following the election of the Directors and thereafter until the election and qualification of their succ€ssors, unless they previously resign or are removed as provided by Section 11 of this Article. Notwithstanding the foregoing, the Directors first elected shall be divided by lot as equally as possible into two groups; the members of one of such groups shall serve for a term of two years, and the members of the second such group shall serve for a term of four years. No one shall serve more than 8 consecutive elected years as a Director, with a one year break before being eligible to again serve as a Director. 3. Nominations. At least thirty (30) days prior to an annual meeting of the Board of Directors, a regular or special meeting of the Nominating Committee shall be held. The nominating committee shall designate nominees for the positions of Directors to be voted on at the next annual meeting at least fifteen (15) days prior to the date of the meeting and shall notify the secretary of the names of the nominees. 4. Annual Meetinqs. The Board of Directors shall hold an annual meeting on the first Monday following January 1 of each year or on another date as established by the Board of Directors. Notice of the annual meeting of the Board shall be provided to all directors and such other persons as the Board may designate. Said notice shall designate the time and place of the meeting and shall be provided by mail, fax or personal delivery to all Directors not less than ten (10) days in advance of the date of the meeting. The purpose of the annual meeting shall be the election of the officers for the ensuing year in accordance with these Bylaws and to transact such other business as may properly come before the meeting. 5. Reqular Meetinqs. Regular meetings of the Board of Directors shall be held as necessary but at least quarterly at a time and place designated by the Board by resolution or at its last previous meeting. The initial meeting shall be held at such date, hour and place as the initial directors shall determine. 6. Soecial Meetinqs. Special meetings of the Board of Directors shall be held at such time and place as shall be designated by the Executive Committee or any two directors. Written notice of any special meeting shall be provided to each director by mail, fax or personal delivery at least three days in advance of the meeting. 7. Quorum. A majority of the Board of Directors shall constitute a quorum at any meeting. 8. Action of Board. Except as othenrvise provided in these Bylaws, all actions of the Board of Directors shall require the affirmative vote of a majority of Directors present. 9. Waiver of Notice. Any Director may waive notice of a meeting before, at or after the meeting, orally, in writing, or by attendance. Attendance at a meeting is deemed a waiver unless the Director objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and the Director does not participate in the meeting. 10. Vacancies. Any vacancy occurring on the Board of Directors between elections and any vacancy to be filled by reason of an increase in the number of Directors shall be filled by the affirmative vote of a majority of the remaining Directors. 11. Removal of Directors. Directors may be removed only in the manner provided in this Section. At a meeting called expressly for that purpose, any individual Director may be removed, with or without cause, by a vote of a majority of the Directors present. Such action must be approved by a majority of the Town of Vail Council. Such vacancy may be filled by the directors as provided herein above. Any number of Directors may be removed at the same meeting called for such purpose so long as a separate vote is taken on each such Director individually. 12. Request for Resiqnation. The Board of Directors may require the resignation of any Director who shall be absent from any three consecutive meetings or any three meetings during the course of any twelve months unless the Board of Directors finds that for good cause it was not possible for the Director to attend the meetings. 13. Matters for Board Consideration. lncluded within the duties of the Board of Directors, the Board of Directors shall (a) establish the general policies for the direction of the organization, (b) elect the officers of the organization, (c) prepare and present the annual budgets of the organization (d) and make decisions and establish policies with respect to the hiring and dismissal of staff. 14. Attendance at Board Meetinqs bv Members. Associate Members may be encouraged to attend meetings of the Board of Directors but shall not be entitled to speak at such meetings unless requested by the Directors and shall under no circumstances by entitled to vote at such meetings. 15. Financial Contributions. Board members will be expected to support the organization through monetary donations. Annually the Board will establish a suggested minimum donation. ARTICLE V OFFICERS '1. Officers. The officers of the organization shall be Chairperson, Vice Chairperson, Treasurer, and Secretary. The Board of Directors may also appoint and employ a Youth Services Coordinator, but the Youth Services Coordinator shall not be an officer of the organization. All of the officers shall be Directors of this organization. Unless earlier removed by the Board of Directors for cause, all of the officers of the organization shall serve terms of two years from the annual meeting of the Board of Directors until the election of officers at the annual meeting of the Board of Directors two years later. None of the foregoing officers may serve more than two terms in the same ofiice without a break of one year between terms. 2. Additional Offices. The Board of Directors may establish such other and additional offices as it may see fit which offices may be filled by persons who are or are not members of the Board of Directors and who shall serve at the pleasure of the Board and whose duties shall be established by the Board. These persons shall be Associate Members. 3. Vacancies. lf for any reason an elected officer cannot or does not continue to serve in office or is removed from office, a special election will be held at any regular or special meeting of the Board to elect a successor for the vacated office. 4. More than One Office. The same person may hold more than one office at the same time, except the offices of Chairperson and Secretary. ARTICLE VI DUTIES OF OFFICERS 1. Ghairoerson and Vice-Chaimerson. The Chairperson shall be responsible for liaison with the Youth Services Coordinator, shall serve as presiding officer at Board Meetings and shall perform such other duties as may be assigned or required by the Board of Directors. The Chairperson and Vice Chairperson shall share responsibilities for their positions and in the absence of one the other may act. 2. Treasurer. The Treasurer shall be responsible for the financial affairs of the organization, and shall be responsible for assisting the Board of Directors in preparation of the organization's annual budget and such other duties as may be assigned to him or her by either the Chairperson or the Board of Directors. The Treasurer shall cause to be kept such financial records as are expected for prudent fiscal management. He or she shall report on the financial affairs of the organization as requested by the Board of Directors. 3. Secretary. The Secretary shall be responsible for minutes of all meetings of the Board of Directors, and in general shall perform such acts as are customarily associated with this office. 4. Executive Director. lf the Board of Directors appoints and employs an Executive Director, the Executive Director shall coordinate the organization's projects and activities and carry out such other duties as the Board shall direct. The Board may delegate responsibilities with respect to the Executive Director to the Chairperson. The Executive Director shall be responsible to the Board for the faithful performance of all assigned duties. lf specifically authorized by the Board, the execution of any instrument by the Executive Director on behalf of this organization shall have the same force and effect as if it were executed on behalf of this organization by the Chairperson. The Executive director shall attend all meetings of the Board of Directors as an ex-ofiicio member except for the portion of any meeting devoted to the review of the Executive Directofs performance. ARTICLE VII COMMITTEES 1. Core Committees. The organization shall have four Core Committees as follows: a. Executive Committee, which shall be responsible for oversight of day to day operations of the organization. b. Finance Commiftee, which shall be responsible for oversight of all financial issues including fund development, final grant or other funding applications and an annual review of the financial condition of the organization. c. Community Relations Committee, which shall be responsible for public relations, community outreach and specialevents. d. Projects Commiftee, which shall be responsible for the assessment, development and expansion of the organization's projects and activities. 2. Other Committees. The Board of Directors may authorize establishment of other committees as deemed necessary which committees will continue in existence until terminated by action of the Board. 3. Committee Membershio. The Board of Directors of the organization shall elect the members of each committee and any Associate Members which may be provided for a committee, which Associate Members shall have the full power and authority of the committee members. The Youth Services Coordinator may attend all meetings of committees on an ex-officio basis. a 4. Committee Powers and Procedures. The duties and powers of -committees shall be established by the Board of Directors, provided that the committees shall be advisory only to the Board of Directors. All actions of any committee shall require the affirmative vote of a majority of the members of the committee present. ARTICLE VIII RECORDS 1. Records to be Kept at Reqistered Office. The organization shall at all times keep at its registered office the following records: (a) The original or copies of all proceedings of the Board of Directors, its Bylaws and all amendments thereto; (b) A statement of the names and mailing addresses of the principal officers and Board of Directors; and (c) Appropriate and complete books of account. ART]CLE IX INDEMNIFICATION 1. Indemnification Required. To the full extent permitted by any applicable law, this organization shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, wherever brought, whether civil, criminal, administrative or investigative, other than an action by or in the right of the organization, by reason of the fact that such a person is or was a director, officer, employee, or member of a committee of this organization, against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such a person in connection with such action, suit or proceeding. lndemnification provided by this Bylaw shall be in addition to and independent of and shall not be deemed exclusive or any other rights to indemnification to which any person may be entitled by contract or otherwise under law. Indemnification provided by this Bylaw shall continue as to a person who has ceased to be a member of the Board of Directors, officer, employee or committee member, shall inure to the benefit of the heirs, executors and administrators of such person and shall apply whether or not the claim against such person arises out of matters occurring before the adoption of this Bylaw. However, any indemnification realized other than under this Bylaw shall apply as a credit against any indemnification provided by this Bylaw. 2. Insurance. This organization may, to the full extent permitted by applicable law from time to time in effect, purchase and maintain insurance on behalf of any person who is or was a member of the Board of Directors, ofiicer or employee of this organization or a member of a committee of this organization against any liability asserted against such person and incurred by such person in any such capacity. ARTICLE X AMENDMENTS The Bylaws may be amended only after being officially introduced at any duly convened meeting of the Board of Directors for which notice was given that an amendment to the Bylaws was to be introduced. ARTICLE XI EXECUTION OR INSTRUMENTS All agreements, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, undertakings, and other instruments or documents may be signed, executed, acknowledged, verified, delivered or accepted on behalf of this organization by either Chairperson, Vice Chairperson, the Secretary or the Treasurer. Any such instruments may also be executed, acknowledged, verified, delivered or accepted on behalf of this organization in such other manner and by such other officers as the Board of Directors may from time to time direct. The provisions of this section are supplementary to any other provisions of these Bylaws. ARTICLE XII FISCAL YEAR Unless otherwise fixed by the Board of Directors, the fiscal year of the organization shall be the calendar year. ARTICLE XIII ELECTRONIC COMMUNICAT]ONS A director may participate in a meeting by any means of communication through which such person, other persons so participating, and all persons physically present at the meeting may simultaneously hear each other during the meeting. Participation in a meeting by that means constitutes presenoe in person at the meeting. A conference among directors, by any means of communication through which such persons may simultaneously hear each other during the conference is a meeting of the Board of DirectorS or committee, as the case may be, if the same notice is given of the conference as would be required for a meeting, and if the number of persons participating in the conference would be sufficient to constitute a quorum at a meeting. Participation in a meeting by that means constitutes presence in person at the meeting. ARTICLE XIV CONSENT WITHOUT MEETI NGS Any action required to be taken at a meeting of the Directors of this organization or any action which may be taken at a meeting may be taken in any other manner permitted by law, including without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the Directors entitled to vote with respect to the subject matter thereof . ARTICLE XV COMPENSATION Directors shall receive no compensation for any goods or services provided to the organization in any capacity. Articles of Incorlnration of Vail Memorial Park Formdation We, the undersigned natural persons of the age of trventy-one years or more, acting as incorporators of a corporation under the Articles of Incorporation for such corporation. Article I The name of this corporation is Vail Memorial Park Foundation Article II The period of duration of the corporation shall be perpetual. Article III The corporation is organized for the following purposes: l. Provide a memorial park to cornmemorate the lives and history of people who contributed to the betterment of the Vail Valley. 2. To perform all other acts necessary or incidental to these purposes and to do whatever is deemed necessary, useful, advisable or conducive, directly or indirectly, to carry out any ofthe purposes ofthe Corporation, as set forth in these Articles of Incorporation, including the exercise of all other purposes, powers and authority enjoyed by corporations by virtue of the provisions of the Colorado Nonprofit Corporation Act subject to the limitations of Section 501(cX3) of the Internal Revenue Code. Article IV The corporation is organized and shall be operated exclusively for public, charitable, or educational purposes. [n furtherance of such purposes, it may promote, establistr, conduct, and maintain activities on its own behalf or it may contribute to or otherwise assist other corporations, organizations, and institutions carrying on such activities or any part thereof; and for such purposes, it may solicit and receive funds and other property, real, personal, and mixed, and interests therein, by gift, transfer, devise, or bequest, and invest, re-invest, hold, manage, administer, expend, and apply such funds ard property, subject to such conditions and limitations, if any, as may be expressed in any instrument evidencing zuch gift, transfer, devise or bequest. No part of the income or principal of the corporation shall inure to the benefit of or be distributed to any member, director, or officer of the corporation or any other private individual, but reimbursement for expenditures or the payment of reasonable compensation for services rendered shall not be deemed to be a distribution of income or principal. Page l of5 Article V If, for any reason, it becomes necessary to dissolve this corporation: (a) the assets held by the corporation in trust for specified purposes shall be applied so far as is feasible in accordance with the terms of the trust; (b) the remaining assets rot held in trust shall be applied so far as feasible towards carrying out the purposes stated in these articles of incorporation; (c) in the event and to the extent that, in the judgment of the directors, it is not feasible to apply the assets as provided in the foregoing clauses (a) and O), the assets shall be applied to and for the use of such corporation or foundation organized and operated exclusively for charitable or educational purposes and qualified for tax exemption from Federal income tax under Section 501(cX3) ofthe Internal Revenue Code. Article YI The Corporation shall have no capital stock. Article VII The members of this corporation shall be any individud, person, firm, corporation, business, or association elected by the Board of Directors, or a committee acting thereunder, in accordance with standards and qudifications for membership established by the Board of Directors from time to time. Article VIII The address of the initial registered office and the principal ofEce of the corporation is Town of Vail, 75 South Frontage Road West, Vail, Colorado 81657 and the name of the initial registered agent at such address is Mervyn t apin. Article IX The management of this corporation shall be vested in the Board of Directors as now constituted or as hereafter elected or appointed. Said Board of Directors strall have the power to elect a Chairperson, one or more vice chairpersons, a secretary and a treasurer of the corporation together with any assistants thereto deemed advisable or convenient to the administration of the corporation's affairs; it shall be necessary that all persons elected for such offrces be members of the Board of Directors. Directors and officers shall hold their respective offices until their successors shall have been chosen and qualified in their stead. Article X The number and method of Election of the Directors of this corporation shall be determined by the provisions set forth in the Bylaws of this corporation. The number of Directors constituting the initial Board of Directors shall be seven (7), and the names and addresses of the persons who qonstitute the initial Board of Directors until their successors are elected and qualified are: Page 2 of5 Name Mervyn Lapin Diana Donovan Daphne Slevin Joe Hanlon Carl Walker Robby Robinson Russell Forest Address 232 West Meadow Drive, Vail, Co. 81657 Article XI Except as otherwise provided in C.R.S. Section 7-128402, a director shall not be liable to the corporation or its members for monetar5r damages for breach of the director's fiduciary duty. The corporation shall indemniff any director or officer or former director or officer of the Corporation, or any person who may have served at its request as a director or officer of another corporation, as set forth in the Bylaws. In no case, however, shall the Corporation indemnifo or reimburse any person for any federal excise taxes imposed on such individual under Chapter 42 of the Intemal Revenue Code. Further, if at any time or times the Corporation is a private foundation within the meaning of Section 509 of the Internal Revenue Code, then, during such time or times, no payment shall be made under this Article if such payment would constitute an act of self-dealing (as defined in Section 4941(d) of the Code), or a taxable expenditure (as defined in Section 4945(d) ofthe Code). Article Xtr At all times, and notwithstanding any merger, consolidation, reorganization, termination, dissolution, or winding up of the Corporation, voluntary or involuntary or by operation of law, or any other provisions hereof: l. The Corporation shall not possess or exercise any power or authority, whether expressly, by interpretation, or by operation of law, that will or might prevent it at any time from qualiffing and continuing to qualiff as a corporation described in Section 501(c[3) of the Code, contributions to which are deductible for federal income tax purposes; nor shall the Corporation engage directly or indirectly in any activity that might cause the loss ofsuch qualification under Section 501(c)(3) ofthe Code. No part of the assets or net eamings of the Corporation shall ever be used, nor shall the Corporation ever be organized or operated, for purposes that are not exclusively charitable or educational within the meaning of Section 501(cX3) of the Code. The Corporation shall never be operated for the primary purpose of carrying on a trade or business for profit. No substantial part, and, during such time or times that the Corporation is a private foundation within the meaning of Section 509 of the Code, no part of the activities of the Corporation shall consist of attempting to influence legislation (including act on by Congresso any state legislature, any local council or similar goveming body, or the J. t+. Page 3 of5 public in referendum, initiative, constitutional amendment, or similar procedure) through propaganda or otherwise ("including contacting, or urging the public to contact, members of a legislative body for the purpose of proposing, supporting, or opposing legislation, or advocating tlre adoption or rejection of legislation). Nor shall the Corporation, directly or indirectly, participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf or in opposition to any candidate for public office. 5. At no time shall the Corporation engage in any activities that are unlawful under the laws of the United States, Colorado, or any other jurisdiction where its activities are canied on. 6. No solicitation of conffibutions to the Corporation shall be made, and no gift, bequest, or devise to the Corporation shall be accepted, upon any condition or limitation that in the opinion of the Corporation may cause the Corporation to lose its Federal income tax exemption. 7. Notwithstanding any other provision of these Articles, if at any time or times the Corporation is a private Foundation within the meaning of Section 509(3)(c) of the Code, then during such time or times: (a) The Corporation shall distribute its income for each taxable year at such time and in such manner as not to subject the Corporation to tax under Section 4942 ofthe Code; (b) The Corporation shall not engage in any act of self-dealing, as defined in Section 494 I (d) of the Code; (c) The Corporation shall not retain any excess business holdings, as defined in Section 4943(c) ofthe Code; (d) The Corporation shall not make Section 4045(d) ofthe Code; and (e) The Corporation shall not make Section 4045(d) ofthe Code. any taxable expenditures as defined in any taxable expenditures as defined in The private property ofthe officers and directors ofthe Corporation shall not be subject to payment of corporate debts to any extent whatever. Article XIII Amendments to these articles shall be made as provided for in the Bylaws of the Corporation. The name and address of the incorporator is Mervyn Lapin,232 West Meadow Drive, Vail, Colorado 81657. Page 4 of5 IN WITNESS WHEREOF, the undersigred incorporator has hereunto subscribed her hand this_day of .2003. Mervyn Lapin STATEOFCOLORADO ) )ss couNTYoF EAGLE ) I, the undersigned, a Notary Public, hereby certifr that on the _ day of 2003, the above-named Mervyn L,apin, incorporator of the Vail Memorial Park Foundation. personally appeared before me and being by me first duly swom declared that he is the person who signed the foregoing document as Incorporator and that the stat€ments therein contained are true. WITNESS my hand and official seal. My commission expires O (sEAL) Notary Public Page 5 of5 TO: FROM: DATE: SUBJECT: Vail Town Council Community Development Department September 16, 2003 MEMORANDUM y',fl,) 1.c Ordinance 22, Series of 2003: A request to amend the official zoning map of the Town of Vail for Lot 1, Katsos Ranch Minor Subdivision, a part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian from Natural Area Preservation District to the Outdoor Recreation District. c^il* 11,,,^ Vail Memorial Park Foundation, represented by Sherry Donrard Russell Forrest Applicant: Planner: 1. DESCRIPTION OF REQUEST The Vail Memorial Park Foundation has submitted four applications to create a memorial park on Lot 1, Katsos Ranch Minor Subdivision which is an 1 1.08 acre parcel within the 156 acre Katsos Ranch Park. Katsos Ranch Parkwas purchased as open space bythe Town of Vail in 1977 and is located just south of the East Vail exit from lnterstate 70 and extends west to the Vail golf course. The applicant has submitted four applications to the Town of Vail that include: 1. A minor subdivision to plat and subdivide the unplatted 156 acre Katsos Ranch property. This subdivision would result in an 11.08 acre property for the Vail Memorial Park or Lot 1. Katsos Ranch Minor Subdivision. lt would also create Tract A, Katsos Ranch Minor Subdivision which would total 145 acres, 2. A request to rezone Lot 1, Katsos Ranch Minor Subdivision (the 11.08 acre Vail Memorial Park) from Natural Area Preservation to the Outdoor Recreation zone district, 3. A conditional use permit for a cemetery which is a conditional use in the Outdoor Recreation zone district. and 4. A Design Review Board Application for Phase 1 of the memorial park. 2. BACKGROUND The Vail Town Council has reviewed the proposed design for the park on June 3rd of 2003 and voted to allow the Vail Memorial Park Foundation to apply for this use on Town land. On August 20,2OO3 the Design Review Board reviewed the project and voted 3-0 to direct staff to "staff approve the project after all applicable Planning and Environmental Commission approvals have occurred. On September 8th the Planning and Environmental Commission voted to: . Approve a minor subdivision for Katsos Ranch that creates Lot 1 and Tract A of Katsos Ranch Minor Subdivision. r Recommend approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12,Zoning Regulations, Vail Town Code, to rezone Lot 1 of Katsos Ranch Minor Subdivision from the Natural Area Preservation District to the Outdoor Recreation District. . Approve a conditional use permit for the Vail Memorial Park subject to the conditions identified in the staff memorandum in Section X. 3. ACTION REQUESTED OF COUNCIL AND STAFF RECOMENDATION The council is being requested to approve of Ordinance 22, Series of 2003 to rezone Lot 1, Katsos Ranch Minor Subdivision on first reading. Staff is recommending that the Town Council approve Ordinance 22, Series of 2003 subject to the criteria and findings in section lX of the aftached staff memorandum to the Planning and Environmental Commission. Attachments: A. Ordinance 22 B. PEC Memorandum and Attachments ORDINANCE NO 22 Series of 2003 AN ORDINANCE AMENDING THE OFFIGIAL ZONING i'AP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 1 KATSOS RANCH IIIIINOR SUBDIVISON, A PART OF SECTION 2 AND 3, TOWNSHIP 5 SOUTH RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN FROM THE NATURAL AREA PRESERVATION (NAP) DISTRTCT TO THE OUTDOOR RECREATION (OR) DISTRICT WHEREAS, the Town Council finds that the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and WHERAS, the Town Council finds that the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the amendment promotes the health, safety, morals, and generalwelfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conseryes and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, on September 8,2003., the Planning and Environmental Commission of the Town of Vail recommended approval of this zoning map amendment as stated in the title of this ordinance in accordance with the approved criteria and findings for a rezoning as per Section 12-3-7 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 22 . Series of 2003 VAIL, COLORADO, THAT: Section 1. The Official Zoning Map of the Town of Vail is hereby amended as follows: That Lot 1, Katsos Ranch Minor Subdivision, a part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian from Natural Area Preservation (NAP) District to the Outdoor Recreation (OR) District; as shown in attached map Attachment A. Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Gouncil hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any dug imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, Ordinanca No. 22 , Series of 2003 inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 16th day of September, 2003 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Aftest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October.2003. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 22 , Series of 2003 AttachmentA Locatlon of Lot I, Katsos Ranch Minor Subdivbion, A part of Section 2 and 3, Townshlp 5 South Range 80 West of the Slxth Principal meridian Ordinance No. 22 , Serbs ol moB TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department September 8, 2003 A request for a final review of a subdivision of the Katsos Ranch property (unplatted), pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-88-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel of land located on in the southeast quarter of Section 2, Township 5 South, Range 80 West of the 6m Principal Meridian (proposed as Lot 1, Katsos Ranch Subdivision), and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department). Applicant: Planner: Vail Memorial Park Foundation, represented by Sherry Dorward Russell Forrest SUMMARY The Vail Memorial Park Foundation has submitted three applications to create a memorial park on an 11.08 acre portion of the Katsos Ranch Park identified in the proposed minor subdivision as Lot 1 , Katsos Ranch Minor Subdivision. This 156 acre parcef was purchased as open space by the Town of Vail in 1977 and is located just south of the East Vail exit from Interstate 70. The applicant is requesting approval on a minor subdivision, rezoning to Outdoor Recreation, and a conditional use permit for a cemetery. The purpose statement of the Vail Memorial Park is: 'The Vail Memorial Park will serue to celebrate. remember and honor the lives of the many people who have helped to define Vail through their experiences and contributions. By paying tribute to these diverse individuals, we will strengthen our sense of community, build upon our history and connect with others who share a spiritual passion and love for Vail.' il. This park involves the creation of a crusher fine walking path, rock memorial walls, arched entry gate, memorial rocks, and stone benches. No structures or lighting are proposed as part of this application. Staff is recommending approval of these three applications in that this application is consistent with the criteria and findings identified in section lX of this memorandum. The applicant has provided responses to the Planning and Environmental Commission's issues identified at the August 25th meeting (Attachment F). DESCRIPTION OF REQUEST The Vail Memorial Park Foundation is requesting the following: 1. Approval of a minor subdivision to plat and subdivide the unplatted 156 acre Katsos Ranch property. This subdivision would result in an 11.08 acre property for the Vail Memorial Park or Lot 1, Katsos Ranch Minor Subdivision. lt would also create Tract A, Katsos Ranch Subdivision which would total 145 acres 2. Recommendation of approval to the Town Council for a rezoning of Lot 1, Katsos Ranch Minor Subdivision (the 11.08 acre Vail Memorial Park) from Natural Area Preservation to the Outdoor Recreation zone district 3. Approval of a conditional use permit for a cemetery which is a conditional use in the Outdoor Recreation zone district. The specific components of the proposal include: . A double track access gravel path (approximately 400 feet long in phase l) that connects the existing Katsos Ranch recreational trail to the memorial park. This path would also provide access for the park and Eagle River Water and Sanitation District maintenance vehicles. . A 3 foot wide (250 feet long in phase 1) trail around Phase 1 (All paths are a crusher fine trail). . Six memorial boulder walls benched into the natural topography at the toe of the slopes on the south side of the site for all 3 phases. Phase 1 will include two 50 foot long walls. All walls are less than 4 feet tall. r Natural stones for memorial engravings. . Memorial trees (Lodgepole and Blue Spruce) if inigation can be provided to the site with the cooperation of the Eagle River Water and Sanitation District. r Arched entrance sign to the memorial off of the existing Katsos Ranch Trail south of the pedestrian bridge. o Burial and scattering of cremated human ashes. Casket burials will not be allowed on this site. ilt. The memorial park is proposed to be constructed in four phases as shown on the attached site plan (Attachment E). Phase 1 is intended to last for 10-20 years depending on demand. BACKGROUND In 1993, an exhaustive study was done to identify a site for a cemetery in the Town of Vail. Over 10 alternative sites were evaluated for land use, ownership, and environmental considerations. After a detailed study of the alternatives, the upper bench of Donovan Park was chosen as a prefened altemative. A design was developed and approved by the Town of Vail which included casket burials. This project was taken to the Vail voters in 1994 and was defeated. In 2001, a renewed effort in memorializing deceased Vail locals again became an interest. A committee was established to identify a prefened location and develop a plan for a memorial park. The committee established three major criteria for site selection: r Minimum 5 acres in size r Pedestrian and vehicular access r Not located directly adjacent to residential areas. After screening for those criteria, the following alternative sites were further reviewed. 1. Katsos Ranch 2. Spraddle Creek Trail Head 3. Streamwalk between the Covered Bridge and Ford Park Given the criteria mentioned above the preferred alternative was Katsos Ranch in that it was the furthest location from any residential area, had the appropriate size, and had good access. lt also was the quietest refleclive space of the three alternatives. The Vail Town Council has reviewed the proposed design for the park and has voted to allow the Vail Memorial Park Foundation to apply for this use on Town land. On August 20,2003 the Design Review Board reviewed the project and voted 3-0 to direct staff to 'staff approve the project after all applicable Planning and Environmental Commission approvals have occurred. Planninq and Environmental Commission DISGUSION ITEMS FROM THE AUGUST 25.2003 MEETING The following are discussion items for this topic: A. Intensitv of Use: The Planning and Environmental Commission was concerned about the intensity of use on the site. The primary concerns related to this issue were conflicts on the recreational trail and parking. The Planning and Environmental Commission was also concerned about the conflicts in the Environmental lmpact Report (ElR) on phasing capacity and comments made by ) tv. B. the applicant on capacity. The EIR has been updated with the latest information on phasing, wetlands, and floodplain information. The applicant has provided responses to these issues in the attached letter (Attachment F). Parkinq: Parking for memorial services can be accommodated to a limited extent at the trail-head parking area for the Katsos Ranch Trail. Eighteen parking spaces are provided at this location. However, staff believes that there is inadequate parking for groups larger than 30 people. Staff believes that the applicant should require larger services to park at remote locations and to provide a shuttle service to the site. The applicant is proposing to require a shuttle service for groups over 25 people. Furthermore, additional no parking signs may be needed along the Frontage Road. Recreation Path: Staff believes there could be some limited conflicts on the recreation path when a large memorial service is occurring. To avoid conflicts with bicycles on the path, staff would suggest that a temporary sign on the existing recreation trail be placed to the west of the memorial park and at the bridge to indicate when memorial service is occurring and for bicyclist to dismount during memorial services. The sign would be placed on the trail during memorial events. Wetlands: The Vail Memorial Foundation has been working with the Eagle River Water and Sanitation District (ERWSD) to enhance the existing wetlands on the site. Wetlands have been mapped and are identified in the wetlands study in the Environmental lmpact Report (Attachment D). As part of its approved 1993 plan to enlarge Black Lakes, ERWSD identified the Katsos Ranch property as a wetland mitigation site and committed to restoring 6 acres of wetlands on the site of which 3.5 acres are within the proposed boundaries of the Memorial Park. Although ERWSD has not yet been fully successful in re-establishing wetlands on the property, the designated mitigation sites fall under Army Corps of Engineers jurisdiction and Vail Memorial Park is obligated to avoid impacts in those areas as well (or apply for a 404 permit). Although the mitigation areas have not been surveyed and mapped, ERWSD consultants have flagged the edges of the mitigation site adjacent to Vail Memorial Park's first phase. The only potential conflict is the swale directly north of the primary development areas in phases 1-4, which is included in the mitigation area. The Army Corps of Engineers has informed the Town of Vail, the Vail Memorial Park Foundation, and ERWSD that spanning this swale with bridges or boardwalks would not impact the District's mitigation plan and would not require a permit. (Attachment F) Development of paths in phases 24 may require wetland permits, depending upon the long-term success of wetland restoration in the eastern portion of the Vail Memorial Park site. Floodplain: Staff acknowledged the need to verify the floodplain location at the last Planning and Environmental Commission meeting. Since the Planning and Environmental Commission reviewed the floodplain delineation on the site survey, Town staff has investigated further and has found that the 100-year floodplain covers a greater area than was previously identified (Attachment E). Section 12- 21-10 of the Town Code establishes relevant guidelines: c. D. E. o V. A. A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40o/o) or greater except in Single-Family Residential, Two-Family Residential, or Two- Family Primary/Secondary Residential Zone Disticts. The term "structure" as used in thrs Section does not include recreational structures that are intended for seasonal use, not including residential use. E. The Administrator may require any applicant or person desiing to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent propefties, or increase the quantity or velocity of flood waters. (Ord. 16(1983) S 1: Ord. 12(1978) S 4) After reviewing the floodplain maps, the proposed concept plan, and the above mentioned regulations, an Engineer with Peak Land Surveying has concluded that the proposed project complies with the Town's hazard regulations (see letter in attachment F). No structures are proposed anywhere on the VMP site as part of this application, and no grading is proposed that would increase the "quantity or velocity of flood waters." ROLES OF THE REVIEWING BOARDS Minor Subdivision As per section 13-4-2 C of the Town Code the Planning and Environmental Commission is the final decision making body on a Minor Subdivision. Any final decision of the Planning and Environmental Commission can be appealed to the Town Council. Rezoninq Town Council: The Town Council is the final decision making authority for a rezoning or a telit amendment. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board ened with approvals or denials and can uphold, uphold with modifications. or overtum the board's decision. The Town council must utilize the criteria and findings identified in section Vl of this memorandum. Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for applying the criteria in section Vl of this memorandum and making a recommendation to the Town Council on a rezoning. Conditional Use Permit (GUP) Planninq and Environmental Commission: c. Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission will make recommendations to the Town Council on rezoning land, text amendments, and modification ol hazard designations. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, acoess, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to sunounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Desion Review Board: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board proposal for: o Architectural compatibility with other struclures, the land and surroundings. Fitting buildings into landscape. Configuration of building and grading of a site which respects the topographyr Removal/Preservation of trees and native vegetation. Adequate provision for snow storage on-siteo Acceptability of building materials and colors. Acceptability of roof elements, eaves, overhangs, and other building formsr Provision of landscape and drainager Provision of fencing, walls, and accessory structureso Circulation and access to a site including parking, and site distanceso Location and design of satellite dishes. Provision of outdoor lighting. The design of parks VI. APPPLICABLEPLANNINGDOCUMENTS It A. Town of Vail Zoninq Requlations Section 12-8C Natural Preseruation (NAP) District The cunent zoning of the proposed Memorial Park site is Natural Area Preservation. The purpose statement for the Natural Area Preservation District is: Section 12-BC-1: The Natural Area Preseruation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in Secfibn 12-AC-2 of this Article. The Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preseruing open space. The Natural Area Preseruation District includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensiffue natural areas is important for maintaining water quality and aquatic habitat, preseruing wildlife habitat, flood control, protecting view conidors, minimizing the isk from hazard areas, and protecting the natural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. (Ord. 21(1994) S 10) Section 12-88 Outdoor Recreation (OR) District The applicant is proposing to rezone Lot 1, Katsos Ranch Minor Subdivision to Outdoor Recreation. The purpose Statement for the Outdoor Recreation Zone District is: Section 12-88-1: "The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. (Ord. 21(1ee4) S e)" B. Town of Vail Comprehensive Land Use Plan The Comprehensive Land Use Plai designation for Katsos Ranch Park is Open Space. This land use category is defined as: "Passfue recreation areas such as greenbelts, stream conidors and drainage ways are the types of areas in this category. Hillsides which were c/assffied as undevelopable due to high hazards and s/opes over 40% are also included within this area. These hillside areas would still be allowed types of development permifted 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." O Specific goals in the Comprehensive Land Use Plan that relate to this use include: The quality of the environment including air, water, and other natural resources should be protected as the Town grows. The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. Services should keep pace with increased growth. The plan also specifically discusses Katsos Ranch and states the following: 'This parcel of land has been the subject of much community -wide dr.scussions slnce its purchase by the Town of Vail in 1977. The tract contains 1 46 acres (current survey shows area at 156 acres) and lies immediately east of the Vail Golf Course and south of Gore Creek. A Study was prepared in 1978 to examine the impacts of altemative development scenarios for the property. The altematives ranged from a "do nothing" or "no development" scenario to the construction of an executive style golf course. The study concluded that a moderate level of development is the most desirable for the site. This level of development would include a bike trail, running trail, cross country skiing trails, and picnic areas. Many o these improvements have been constructed and are used by area resrdenfs and tourists alike. Based on this expression r? is assumed that passive open space is the acceptable and appropriate use for the parcel. " Town of Vail Comprehensive Open Lands Plan The Comprehensive Open Lands Plan does identify Katsos Ranch Park as a sensitive natural area as defined by the Natural Heritage Program. No specific actions or management recommendations are made for this specific parcel other than the creation of a south trail to the south of this parcel and on US Forest Service Land. After a US Forest Service review of a specific trail alignment, the Forest Service concluded that there would be significant challenges to approving this trail with Lynx habit in close proximity to this proposed trail. ZONING ANALYSIS 1.2 2.7 6.1 G. vil. Legal Description: Zoning: (current) Zoning: (proposed) Land Use Designation: Lot Size: Development Standard (OR) Parking: Lot Area: Setbacks: Lot 1, Katsos Ranch Minor Subdivision Natural Area Preservation District Outdoor Recreation District (OR) Open Space 11.08 acres Allowed As per Chapter 10 Not applicable 20'from all property lines 8 Proposed 18 Available a 400'from nearest 21' flaV24' sloped Not applicable 5o/o property line No buildings 0% (no buildings) VIII. SURROUNDING LAND USES AND ZONING Land Use Zoninq l-70 ROW & Residential Right of Way & Primary Secondary Height: Density Site Coverage North: South: East: West: US Forest Service Residential Golf Course No Zoning Primary Secondary Outdoor Recreation tx. A. REVIEW CRITERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13. Subdivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: There is no minimum lot area for the Outdoor Recreation District. The proposed lot size is 11.08 acres. Frontaqe: There is no minimum frontage area for the Outdoor Recreation District. Dimension: There are no minimum dimensions for the Outdoor Recreation District. The proposed lot size for the Memorial Park is 1 1.08 acres. The remaining area identified as Tract A, Katsos Ranch Minor Subdivision is 145 acres. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-34, and is as follows: "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 peftinent regulations that the Planning and Environmental Commission deems applicable....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 sunounding /and uses and other applicable documents, effects on the aesthetics of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements lrom 13-1-2 (C) are 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 believes that this proposal meets the standards and criteria for a minor subdisvision in the Town of Vail and that the plans provide clear information on the extent of the development. Furthermore no new commercial or residential development will result from this subdivision and the proposed used is consistent with the natural setting of Katsos Ranch. "To provide for the subdivision of property in the future without conflict with development on adjacent land-" No land use conflicts are anticipated. The proposed site design is intended to blend into the natural landscape of Katsos Ranch Park and is over 1000 feet from adjacent residential property. The eastern portion of the site will be maintained and even enhanced as wetlands. "To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land." This proposal preserves the natural integrity of the land. No buildings are proposed for this project. No significant environmental impacts are anticipated. The applicant is working with the Eagle River and Water District to enhance the wetlands area on the site. The first phase of the Vail Memorial Park has no impacts on either existing wetlands or the proposed creation of wetlands by the ERWSD (See Aftachment A for letter from ERWSD in applicant response to Planning and Environmental Commission issues). Future phases may require Corps of Engineers approval based on whether new wetlands are created on the site as planned. In evaluating the design of the Vail Memorial Park, no negative impacts are anticipated in terms of the value of adjacent properties. "To ensure that subdivision of propefi is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenienl workable relationship among land uses, consistentwith Town development objectives." Staff believes that this project is designed in harmony with the natural setting of Katsos Ranch and does not create any environmental impacts or impediments to the recreational uses of Katsos Ranch. The applicant l0 2. 3. 4. will need to provide notice on the recreational trail to trail users during memorial events to avoid conflicts. However, staff believes that trail conflicts can be mitigated with signage considering the anticipated number of memorial events per year. "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." The creation of the Vail Memorial Park will be a critical community asset. It will not have any significant impact on public infrastructure. "To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures." A proposed plat has been provided with the application that is consistent with the requirements identified in Title 13, Chapter 4 of the Vail Town Code. "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 presenre the integrity, stability, and beauty of the community and the value of the land." An Environmental lmpact Report has been prepared for this project. No significant impacts are anticipated. The major mitigation of impacts involves the strict regulation of parking at the site for groups over 25 people. Working cooperatively with the ERWSD it is possible to expand wetlands on the site beyond what currently exists. Phase 1 of the project will not conflict with any proposed wetland creation on the site. Also future phases should be reviewed by the Corps of Engineers to avoid conflicts once the precise boundaries of new wetlands are delineated as the result of this partnership. Rezoninq 1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. The Comprehensive Land Use Plan identified Katsos Ranch as Open Space. The Open Lands Plan also identifies Katsos Ranch as sensitive natural area. The proposed rezoning to Outdoor Recreation with the proposed Vail Memorial Park Plan is still consistent with the Town's comprehensive plans and ll 7. 2l development objectives. The proposed plan protects the natural integrity of the Katsos Ranch Park. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents- The proposed land use will not impact adjacent property owners. The closest home is over 1000 feet away from the Vail Memorial Park and is screened by vegetation. The proposed design of the Vail Memorial Park compliments the natural landscape and avoids impacts to existing wetlands. In fact, there is now the opportunity to enhance the existing wetland area on Katsos Ranch through a partnership with the ERWSD. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed design is intended to blend into to the natural landscape. There should be no significant interference to the existing recreational path on Katsos Ranch given the number of times memorial events are anticipated within a calendar year. Staff has provided recommended conditions of approval for the Conditional Use Permit in section X of this memorandum to reduce conflicts on the recreational path. Furthermore, staff would recommend that the conditional use permit for the Vail Memorial Park be reviewed within 1 year of approval to evaluate any unanticipated impacts. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. A memorial park, as proposed, is an important component to the life cycle of a community. The park is intended to celebrate and memorialize individuals that have contributed to the Vail community. The proposed zoning of Outdoor Recreation is one of the three Open Space Zone Districts. The Comprehensive Land Use Plan identifies this site as Open Space and states that Katsos Ranch is "appropriate for passive outdoor recreation.' The uses in the OR zone District are controlled through a conditional use permit. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 3) 4) 5) t2 No building or structures are proposed as part of the Vail Memorial Park. No significant site disturbance is anticipated other than the creation of paths to the proposed memorial areas. The proposed park avoids impacting existing wetlands. Infact, there is the opportunity to expand wetland area on the eastern portion of the site through a partnership with the ERWSD. An Environmental lmpact Report has been prepared and no other significant impacts are anticipated. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Cemeteries are a conditional use in the Outdoor Recreation Zone District. The proposed natural design of the Vail Memorial Park is consistent with the purpose statement within the Natural Area Preservation Zone District. The presence of a memorial park on the site will help ensure the site remains as open space in perpetuity. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The community has the need for a memorial park. This has been well documented since the last effort in 1993. Conditions on Katsos Ranch have not changed. lt is still a beautiful meadow bordered by lodgepole pine to the south and Gore Creek on the North. The proposed design of the Vail Memorial Park is intended to blend in with the natural environment of the site. 8) Such other factors and criteria as the Gommission and/or Gouncil deem applicable to the proposed rezoning. Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. The proposed design of the Vail Memorial Park is consistent with the natural sefting of Katsos Ranch. lt will maintain the environmental integrity of the site and potentially even enhance the wetland areas with Katsos Ranch. The Town Council has stated that the creation of a memorial park is a valid objective of the Town of Vail. The proposed design achieves that objective in a way that compliments the natural charac{er of Katsos Ranch Park. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 6) 7l c. o l3 x. A. No buildings are proposed as part of this project which will impact light and air. A memorial park is a needed community facility. The only detrimental impact is potentially parking for large memorial services. Staff believes this impact can be mitigated by requiring all memorial groups over 25 to utilize buses or shuttles to the park from either from the Vail Chapel or the Town's parking structure (in the summer and shoulder seasons). Staff recommends reviewing the conditional use permit after 1 year to ensure that circulation on Bighorn Road and the Katsos Ranch recreational trail are not adversely impacted. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and remoyal of snow from the street and parking areas. Staff has analyzed the project intensity of use of the Vail Memorial Park. The 1993 Donovan Park cemetery study anticipated 24 memorial services (which included casket burials) within a year. Staff contacted the County Coroner and Eagle County on average has 60-70 deaths per year. Nationally approximately 50% of all deaths result in cremation. With the proposed conditions of approval to prevent Frontage Road parking and the Foundations interest in limiting large memorial services on the site, staff does not believe there will be any significant circulation impacts. However, it is difficult to anticipate the nature of impacts with this type of use and staff would recommend that the conditional use permit be reviewed in 1 year's time. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. No buildings are proposed as part of this application. STAFF RECOMMENDATION Minor Subdivision The Community Development Department recommends that the Planning and Environmental Commission approves a minor subdivision, pursuant to Chapter 4, Title 13, Subdivision Regulations, Vail Town Code, to allow for the platting of Katsos Ranch Minor Subdivison, A part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian into Tract A (Area of Katsos Ranch Park excluding the Vail Memorial Park) and Lot 1 (Vail Memorial Park Site) Katsos Ranch Minor Subdivision. Staffs recommendation is based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 'The Planning and Environmental Commission approves of the proposed minor subdivision and finds that the minor subdivision application is appropiate in regard to Town policies relating to subdivision control, denslties proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the sunounding land uses and other applicable documents, effects on the aesthetics of the Town. Specifically, the Commission finds that the,minor subdivision reso/ves allows the proper t{ \,f" d, \utUfltl identification and plafting of the Town of Vails largest property and the ability to delineate the Vail Memorial Park. Amendment to the Official Zoninq Map of the Town of Vail The Community Development Department recommends that the Planning and Environmental Commission fonvards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title '12, Zoning Regulations, Vail Town Code, to rezone Lot 1 of Katsos Ranch Minor Subdivision from the Natural Area Preservation District to the Outdoor Recreation District. Staff's recommendations are based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone distict boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment ls consrsfent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the sunounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserues and enhances its natural environment and its established character as a resort and residential community of the highest qualtty." Gonditional Use Permit (Conditions Revised by PEC in Bold from the September@ The Community Development Department recommends approval for a conditional use permit, pursuant to Section 12-98-3, Conditional Uses; Vail Town Code, to allow for a Cemetery and memorial park on Lot 1, Kafsos Ranch Subdivision. Staffls recommendation is based upon the review of the criteria outlined in Section lX of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Parking (P) District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or weffare or mateially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. l5 B. c. Should the Planning and Environmental Commission choose to approve or forward a recommendation of approval of the applicant's to the Vail Town Council, staff recommends that the Commission makes the following conditions a part of the approval: 1. All future phases (2-4) of the Vail Memorial Park must be reviewed by the US Army Corps of Engineers prior to construction as appropriate. 2. The Eagle River Water and Sanitation District has taken responsibility for the review of a raised boardwalk to span the 20-25 foot wide swale into phase 1. The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submitted by Eagle River and Water an Vail Memorial Park Foundation for review and approval of the Design Review Board prior to construction. 3. The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 2-4) prior to the construction of any future phases. 4. The applicant shall require all groups over 25 people to use a shuttle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for inurnment services. 5. The applicant shall provide signage approved by Town staff during memorial events to cleady indicate that a memorial service is in progress and that cyclists should use caution. These signs should be located at the east trail head to Katsos Ranch and 50 feet to the west of the Vail Memorial Park entrance on the Katsos Ranch recreational trail. 6. The applicant shall pay for additional no parking signs along the Frontage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Department. 7. The applicant shall receive approval for a staging plan from the Town of Vail prior to construction being initiated on the Vail Memorial Park. 8. The applicant shall retum to the Planning and Environmental Commission in one years time from the date of approval so that the Conditional Use Permit can be reviewed to evaluate the impacts on circulation along the Frontage Road and to the use of the recreational trail. 9. The applicant shall submit future phases to the Planning and Environmental Commission for review by the Gommission to ensure that environmental impacts are adequately addressed in future phases. 10. There shall be no maintenance, snow plowing, or inscriptions of memorial signs in the Vail Memorial Park between December 1't and May 1't. l6 1 1. The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Ranch Minor Subdivsion for cunently existing passive recreational uses. Xl. Attachments: A. Public Notice B. Vicinity Map G. Application Lefter D. EIR E. Design Plans F. Letter ftom Applicant responding to comments from the August 25h meeting l7 Attachnent A. Public Notice THIS ITEM MAYAFFEC'I PUBLIC 'JJ33^ PROPERry lflt11F.;**rilffi .l:,.,F,ihu'[%f, 11il,:t"g:a':lknln*r,.rsJownorAususr 2s, zoog, at2:00'i."M. ilffiffi;"#,f,'r"ffiii,J"=iB;1,31#1,y1i13,3ffi il - A request for a finar review of a.subdivision of tre Katsos-Ra3.ch pr.operty (unptatted), pursuantto Title 13' subdivision neguFy-ons;v;iTil c;";a conditionardse 6eimn, pursuanaosedion 12-88-3: condition-ar ur".,vaTrb-"n'c"i",,o "tto,nr"iiri" *iri".iiucrion ota cemerery:and a finat recommendarion.to rle vaTiffib;.fu:f{ijg,HrlJJiirlgor ne propertytrom Naturar Area preservarlgl 9"i"i'ixilii# lnrqior Disrrisr, rocareo on an unpranedparcer of rand rocared in rh_e sourheasr dLnli:Ji,b"dio_1-2, lory.nshrp s south, Range 80 wesrof the 6n principar Meridian, ?f *litidr"riilbJ,n,.:,,r_r:rards rhereio. (A comprere meres andDounds descriprion is on fire at ue-cJtir'uniii6ll",oprenr Deparrmenr). gffli*,, XiiJ5?:ffi:i"rk, represenred by Merv Lapin ir'.ru:"iJ$&,:ffi1g rrom-sectlon 12-78-15, s*e g.9y"qge, va' rown code, ro arow rorR;ilffi c:bi#i i:r,:l,Til,:J""!,"ffff;ro"at"o ar the Vi,sta sEih iilrjing, gsC Fiin]oi.d;; 3l*'j,TJt' fi:T&H:-tompanv' represented bv Knisht plannins services A request for a recommendatlon to the vail rown council of proposed telt amendments to Title 14.secrion 10, Deveroom".1'..s:"laqo'i riJ"iililr,pr,"pjdib,"niJiir'fr.,i"r Desisn Guiderines. .i:l,il'S3r5#?Jfjff:iill y*F p'in:;ililJ virragJrtesiilit-,iiiiill"1,qns, vairVi,ase Urbantor a6tairs in ied;il il;;f,:."r lhe use or temporary enclosur"i oioutl**iiinns decks, and setring Applicant: Town of Vaitplanner: Matt Gennan The appllcations and infom i*il*ff*i#ff#',i*"#d"j'm"*r,,n;Ef'q*!;rit',rifi "-ffimqi,:e,*,*1,*'ifJtjllg;iflilli1lfirli""?ffiix133ixi:ijl:ftiffiHgefl:liJ;otincation. p,ease ca,, (s70,) 47s- This norice pubfished in the VailDaily on August g, 2009. N-"frl ,-m BA,LTZ FAMILY PARTNERS II LLC, 11091 BRONCODR llrER, co 80138 CAULKINS FAMILY PTNSHP 1600 BROADWAY 1400 DENVER, CO 80202 HINTZ, BERND JURGEN NOVARHOUSE 24 QUEENS RD WEYBRIDGE SURREY LTNITED KINGDOM KTl 39UX HIJZELLA, LISA WHEELER C/O TMWENTERPRISES 2I2O AUSTIN AVE STE lOO ROCHESTER HILLS. MI 48309 LEPRINO, NANCY 16365 W BAYAUD DR GOLDEN. CO 80401 REIMERS, ARTHURJ. 445 ROUND HILL RD GRENNWICH. CT 06831 VANHOOPS HOLDINGS LP 9022 JASON CT BOULDER. CO 80303 BANNER, M. R.,III & ELAINE T. MATTHEWR. BANNER III REVOCABLE TRUST I54O ROCKMONT CIR BOULDER, CO 80303 ERICKSON, MABEL T. IRREVOCABLE TRUST BUTTS, RICHARD TRUSTEE I115 SOUTFIPORT LOOP APT 4 BISMARCK. ND 58504-7085 HOVERSTEN, PHILIP E. & LOUISE B. -JT 2990 BOOTH CREEK DR VAIL, CO 8I657 JOSE ANTONIO O FARzuLL QUALIFIED PERSONAL RESIDENCE TRUST CRATER 428 MEXICO OI9OO DF MEXICO CITYMEXICO MORAN, CHLOE HELD I48O BOHNS POINT RD WAYZATA, MN 55391 SNOWFLAKE TRUST C/O MANTUCKET CAPITAL LLC 525I DTC PARKWAY STE 995 ENGLEWOOD, CO 80I11 VOLLBRACHT, WILLIAM B. & LESLIE PO BOX 5440 DENVER. CO8O2I7 \tc^\ N- ,,*,^\-?-! -&l\-.-'t Y-\'\ o.rJrrr-rS (u*,*,r, rt.fttval) lr AV BARTLETT, JAMES R. & SUSAN B. 77OO N 71ST ST PARADISE VALLEY, AZ 85253 GINSBERG, STANLEYA. & MARTHA -JT 17950 LAKE ESTATES DR BOCA RATON,FL 33496 HUGHES. DIANE K. TRUSTEE - BURNEY. KENDALL K. - HUGHES, KING B. 4405 HIGHLAND DR DALLAS, T)(75205 KAPLAN, GILDA L. 3O3O BOOTH CREEK DR VAIL, CO 81657 PITTO J. RUSSELL 655 MONTGOMERY ST 1I9O SAN FRANCISCO, CA 94111. 2630 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 WILHELMSEN, AXEL & JANIE 29IO BOOTH CR-EEKDR VAIL, CO 81657 t f a:l"r Attachment B. Vicinity Map dE:]Fa :t rr.x<tE a'i.,:u.ltrtr..Eur=-; U)':-' .,d<;_-> E:::'.-iJ !6! .a a: i ,ri '!: t: 'ii..'. ]: -::: ,,; :: ;l :t i ::t,i :r i: : ::i:.'. : ,r |, i : ::-.:. ,,- : I;: l.: !r'.: ':II .,..t:.-:'r ti i!. t: l: :: : :::: :' '- i i ,:: li it' ,:':. rj j ,::-::,i::l '_: \',) ::1.:; i::: i:r r,i, )i: i. ,i i;i a.:i ij:;i ,i r'l:i1: ;:Ij, ;: ii. j1:' .;;, i:u !i,; 'i.:; .''.'.':..: 1,.:: ..::. i!r:; tr_:3 :l iir:,i1i; Ii ; ti'B F' z .;.:: d:: i .:, i- i., i; i-r Attachment C. Application Letter / 1. VAIL MEMORIAL PARK APPLICATION FOR DEVELOPMENT REVIEW BY PEC AND DRB July 28, 2003 Description and Location of the Propefi: The Vail Memorial Park site is an 11.13-acre portion of the Katsos Ranch purchased as open space by the Town of Vail in 1977 and is located just south of the East Vail exit from Interstate 70. There are no improvements on the site except for a sanitary sewer line running across it from east to west. Portions of the site are included in a wetland mitigation plan for the Eagle River Water and Sanitation District. A cross-country ski trail uses the upland meadows on the site in winter, and a single-track hike/bike trail traverses the site along the toe of the slopes. Description of the Request for Review: Approval of a Minor Subdivision Approval of an application to rezone the memorial park to outdoor recreation. The Outdoor Recreation District allows cemeteries as a conditional use. Also the designated open space charter provision allows sites to be rezoned to one of the three open space zone districts (i.e. Natural Area Preservation, Outdoor Recreation, and Agriculture and Open Space). Approval of a conditional use permit for the park and cemetery. Approval of a design review permit for the park design and sign. Description of the Development Proposal: Although it has been forty years since the town's founding as a ski resort and although the resort has since evolved into a year-round community of some 5,000 people (and another 10,000 in the larger Eagle Valley), Vail still lacks - and desires - a place where its citizens and those who love the valley can be memorialized. After years of study, consideration of numerous sites, and an earlier cemetery master plan proposed for Donovan Park but nanowly defeated in a bond issue election (1993), this site has been selected by a citizen task force and is being proposed for use as a memorial park. Any current or past resident of the Vail Valley or Eagle County and anyone who feels an emotional connection with the region will be able to purchase a memorial inscription and/or bury or scatter ashes in the memorial park. (No casket burial is anticipated.) The areas to be developed for memorials will be concentrated in clearings at the toe of the slopes along the southern boundary of the site, where they will not be visible from off-site. The design motif is intended to adhere as much as possible to natural forms and materials: low walls of dry-stacked native stone, flagstone and crushed stone paths, and native boulders not exceeding 24' in height, sensitively placed in clusters. There will be no headstones and no formal carved monuments. The types of memorials proposed are intended to be non-intrusive and entirely compatible with the character of the natural landscape: o Engraved inscriptions on boulders in dry-stacked walls at the toe of the slopes; 2. 1. 2. 3. 4. 3. . Engraved inscriptions on individual boulders and flush-set stone slabs placed in clusters along the pathways;r Donated benches fashioned of natural boulders;o Memorial groves of trees dedicated to the memory of loved ones (proposed later in phase one depending on availability of water).r Ashes can be scattered in designated areas or buried in biodegradable urns behind the memorial walls or under memorial stones. An accessible crushed stone pathway system will connect the memorial areas to the existing Town of Vail recreation path and an existing parking area on Bighorn Road. No vehicular access fo the site (otherthan for small maintenance vehicles) or other improvements are proposed. It is proposed that the memorial park be opened in phases as needed. The initial phase would consist of two or three dry-stacked walls totaling about 100 linear feet (four feet high), several hundred pre-set stone slabs and boulders for memorials, a space where small memorial services could be held, and a short looping pathway connection. The estimated capacity of this first phase would be approximately 500 memorials, which could be sufficient tor a 10-20 year timeframe. 3. Operation of the Vail Memorial Park Seven members of the existing task force will become the board of directors and will be responsible for setting policies for the operation of the Memorial Park, setting the pricing structure and residency requirements for price tiers, hiring staff, and approving the annual budgets for maintenance and capital improvements. lt is anticipated that an "executive director" will be hired who will report directly to the board and be responsible for the following: o Accounting and annual budgetingo Scheduling of committal and memorial services. Coordination of logistical, parking and transportation anangements, including golf carts as appropriate, for services to be held in the Memorial Park, particularly when larger groups are anticipated. Attendance at larger services and services where there may not be a minister or funeral director in charge. Hiring of maintenance staff or outsourcing of landscape maintenance services. Sales, donations and fund raising. Arranging for memorial engravings and stone selections on site. Ananging for biodegradable urn burials and the scattering of ashes. Correspondenceo Compile documentation on residency and make recommendation to Board regarding pricing tier eligibility of deceased. Board decisions are final.. Maintenance of permanent records including individual histories and GPS location of memorials Basic maintenance will be the responsibility of the executive director but it is anticipated that it will be contracted out. The park is designed for minimal maintenance. Only natural materials will be used and they will be used in a natural way. Only native species will be planted to restore the site and to create memorial groves which will also act as a buffer and enclosure. Assurance of adequate water will be necessary before tree plantings are done. No plantings by the public will be allowed. Artificial flowers, etc 4. will be removed. No grass will be mowed. lt will look like the rest of Katsos Park. An endowment will be established for perpetual care of the Memorial Park. Planning alternate arrangements for parking for groups over 30 will be the responsibility of the executive director, in concert with the deceased's family or their funeral director. The Director will make anangements for the use of various parking facilities, with MOU's where possible, and have transportation available at an additional cost to the user. The parking structures will be used when there is no conflict which would be reviewed in each instance with the Town of Vail Parking Director. lt is anticipated that most cars will usually remain at the chapel. Review Criteria Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots 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: There is no minimum lot area for the Outdoor Recreation or Natural Area Preservation District. The proposed lot size is 11. 13 acres. Frontaqe: There is no minimum frontage area for the Outdoor Recreation or NaturalArea Preservation District. Dimension: There is no minimum dimensions for the Outdoor Recreation or Natural Area Preservation District. The proposed lot size is 1 1 . 13 acres. B. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-34, and is as follows: "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....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 sunounding land uses and other applicable documents, effects on the aesfhefrbs of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements trom 13-1-2 (G) are as follows: 1. 'To inform each subdivider of the standards and criteia by which development proposals will be evaluated and to provide information as to the type and extent of improvements required." Response.' The Foundations believes that the proposal is consistent with the intent and purposes of the Zoning Ordinance. 2. "To provide for the subdivision of propefi in the future without conflict with development on adjacent land." Response.' No land use conflicts are anticipated. The proposed sife desrgn r.s intended to blend into the natural landscape of Katsos Ranch Park and is over 1000 feet from adjacent residential property. The eastem poftion of the site will be maintained and even enhanced as wetlands. 3. "To protect and conserue the value of land throughout the Municipality and the value of buildings and improvements on the land." Response.' No buildings are proposed for this project. No environmental impacts are anticipated. Infact, the Foundation is working with the Eagle River and Water District to enhance the wetland area on the site. 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, conslsfe nt with Town development objectives." Response.' The Foundation believes that this project is design in harmony with the natural setting of Katsos Ranch and does not create any environmental impact or impedes the recreational uses of Katsos Ranch. 5. "To guide public and private policy and action in order to provide adequate and efficient transpoftation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serue the proposed subdivision." Response: The creation of a Memorial Park will be a critical community asset. lt will not have any significant impact on public infrastructure. 6. "To provide for accurate legal desciptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures." Response.' A proposed plat has been provided with the application 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 wse use and management of naturalresources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land." Response,' An Environmental lmpact Report has been prepared for this project. No signiflcant impacts are anticipated. The major mitigation of impacts involves the strict regulation of parking at the site for groups over 30 in size. Rezoninq 1)The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. The Comprehensive Land Use Plan identified Katsos Ranch as Open Space. The Open Lands PIan also identifies Kafsos Ranch as senslfive natural area. The proposed rezoning to Outdoor Recreation with the proposed Memorial Park Plan is still consistent with the Town's comprehensive plans and development objectives. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. The proposed land use will not impact adjacent property owners. Ihe c/oses home is over 1000 feet away and screened by vegetation. The proposed design of the Memorial Park compliments the natural landscape and avoids impacts to wetlands. ln fact, there is now the opportunity to enhance the existing wetland area on Kafsos Ranch through a partnership with the Eagle River Water Distict. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed deslgn r.s intended to blend into to the natural landscape. There should be no interference to the existing recreational path on Katsos Ranch. 4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. 2) 3) A memoial pa*, as proposed, is an important component to the life cycle of a community. The park is intended to celebrate and memoialize individuals that have contributed to the Vail community. The proposed zoning of Outdoor Recreation is one of the three Open Space Zone Drsfricts. The Comprehensive Land Use Plan identifies thrs s/e as Open Space and sfates that Katsos Ranch is'appropiate for passive outdoor recreation." The uses rn the OR zone Distict are controlled through a conditional use permit. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The proposed park avoids impacting wetlands. lnfact, there is the opporlunity to expand wetland area on the eastern portion of the site through a partnership with the Eagle River and Water District. An Environmental lmpact Repoft has been prepared and no other significant impacts are anticipated. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Cemeteries are a conditional use in the Outdoor Recreation Zone District. The proposed natural design of the Vail Memorial Park is consrsfenf with the purpose statement within the Natural Area Preservation Zone District. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The community has the need for a memorial park. This has been well documented since the last effort in 1993. Conditions on Kafsos Ranch have not changed. lt is still a beautiful meadow bordered by lodgepole pine to the south and Gore Creek on the Nofth. The proposed design of the Vail Memorial Park is intended to blend in with the natural environment of the site. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. The proposed design of the Vail Memorial Park is congsfenf with the natural sefting of Kafsos Ranch. lt will maintain the environmental integfty of the site and potentially even enhance the wetland areas with Kafsos Ranch. The Town Council has stated that the creation of a memorial park is a valid objective of the Town of 5) 6) 7) 8) Vail. The proposed design achieves that objective in a way that compliments the natural character of Katsos Ranch Pa*. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. A memorial park is a needed community facility. The only detrimental impact is potentially parking for large memorial seryices. The Foundation believes this impact can be mitigated by requiing all memoial groups over 30 to utilize buses or shuffles to the park from either from the Vail Chapel or the Town's parking structure (in the summer and shoulder seasons). Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The Foundation does not believe there will by any impact to circulation or traffic flow for 90% of the groups using the Memoial Park which are anticipated to be under 30 pafticipants. However, a shuftle sysfem will be required for groups over 30 in size. Effect upon the character of the located, including the scale and surrounding uses. area in which the proposed use is to be bulk of the proposed use in relation to No buildings are proposed as paft of this application. Submitted Materials 1. Signed application 2. Written Project Description 3. Environmental lmpact Report (Final Wetland 4. Site Plan with wetland delineation 5. Phase 1 plan with limits of site disturbance 6. Stamped Topographic Survey 7. Draft Plan with Title Commitment Report will be submitted on August 9th) 8. Photos & Drawings of the memorial walls and rocks 9. Elevation of wall to scale (will be fonrvarded to Town on August 1, 2003) 10. Operational Plan (will be submitted on August 1, 2003) 11. Examples of Materials to be proposed (Will be submitted on August th) Attachment D. EIR oo o ENVIRONMENTAL IMPACT REPORT FOR THE VAIL MEMORIAL PARK July 23,2003 o PreparedJ:H::"T:::H::,::::"="F.rres, o t. 2. 4. 5. 5. 6. Table of Gonbnts Purpose Proposed Project Afiected Environment Baclqground and Altematives Evaluated Potential lmpac'ts and Mitigation Summary dlmpacts 3 4 6 7I 12 Environmental lmpact Report for the Vail Memorial Park 1.PURPOSE: The purpose of the Environmental lmpact Report for either a public or private project is to identify and evaluate environmental impacts associated with a proposed project so that environmental considerations can be integrated into the decision making process. The requirements for an Environmental lmpact Report are specfified in Title 12, Chapter 12 of the Vail Town Code. The submission and review of an environmental impact report is required to achieve the following objectives: 1. Availability Of Information: To ensure that complete information on the environmental effects of the proposed project is available to the Town Council, the Planning and Environmental Commission, and the general public. 2. Environmental Protection A Criterion: To ensure that long-term protection of the environment is a guiding criterion in project planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions. 3. Review And Evaluation Procedure: To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. 4. Review And Evaluation Procedure: To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. 5. Avoid Geologic Hazard Areas: To ensure that buildings are not constructed in geologic hazard areas, by way of illustration, flood plains, avalanche paths, rocKall areas, where such hazard cannot practically be mitigated to the satisfac{ion of the Planning and Environmental Commission and the Town Council. 6. Protect Water Quality: To ensure that the quality of surface water and ground water within the Town will be protected from adverse impacts and/or degradation due to construction activities. (Ord. 37(1980) $ 10: Ord. 19(1976) $ 14: Ord. 8(1e73) S 16.100) 2. 2.1 PROPOSED ACTION Description of Action The Vail Memorial Park Foundation is proposing to create a memorial park on the eastern 1 1 .1 3 acres of Katsos Ranch Park. The total land area of Katsos Ranch park is 156 acres and it is owned by the Town of Vail. The property is cunently zoned Natural Area Preservation and is designated open spa@. The property is located at approximately 8,400 feet elevation within the Gore Creek basin in East Vail. The ranch is separated from Interstate 70 by Gore Creek. lt is also separated from the residential development in East Vail by a dense community of willow shrubs. The Vail Memorial Garden Foundation is proposing to lease Lot 1, Katsos Ranch Minor Subdivsion from the Town of Vail (See attachment A). The Foundation would be responsible for the construction and maintenance of the Park. Three phases are proposed for the Vail Memorial Park. The Vail Memorial Park Foundation has identified the following purpose statement for the park: The Vail Memorial Park will serve to celebrate. remember and honor the lives of the many people who have helped to define Vail through their experiences and contributions. By paying tribute to these diverse individuals, we will strengthen our sense of community, build upon our history and connect with others who share a spiritual passion and love for Vail." Proiect Components The specific components of the proposal include: . A double track access path (approximately 400 feet long in phase l) that connects the existing Katsos Ranch recreational trail to the memorial park. This path would also provide access for park and Eagle River Water and Sanitation District maintenance vehicles. . A 3 wide (250 feet long in phase 1) trail around Phase 1 (All paths are a crusher fine trail). Six memorial boulder walls benched into the natural topography at the toe of the slopes on the south side of the site for all 3 phases. Phase 1 will include two 50 foot long walls. All walls are less than 4 feet tall. Natural stones for memorial engravings. Memorial trees (Lodgepole and Blue Spruce) if inigation can be provided to the site with the cooperation of the Eagle River Water and Sanitation District. Entrance sign to the memorial off of the existing Katsos Ranch Trail south of the pedestrian bridge. 2.2 2.3 . Burial and scattering of cremated human ashes. Casket burials will not be allowed on this site. The memorial park is proposed to be constructed in four phases as shown on the attached site plan. Phase 1 is intended to last for 10-20 years depending on demand. No structures are proposed as part of this application. In addition, no lighting is proposed with this application. Intensitv of Use There are currently 41,600 people in Eagle County and there has been a 3% increase in retirement aged individuals in the County between 1990 and 2000. There are on average approximately 60-70 deaths per year in Eagle County (Eagle County Coroner). Based on a market study that was developed for a proposed cemetery at the Upper Bench of Donovan Park in 1993 it was estimated that approximately 24 memorial events would occur per year. The Interfaith Chapel cunently conducts approximately 3-12 memorials per year. Approximately 120 people may come to the memorial service and then on average 15-20 people may come to a burial or inurnment of ashes. Memorial services occur primarily in the week. Paster Walker of the Vail Interfaith Chapel, who was interviewed on July 23,2003, stated that with the Vail Memorial Park and an aging population it is possible to see the number of memorials increase to 50 per year over the next 10 years. Also it would be possible to have more people choose to combine a memorial and inurnment service at the Vail Memorial Park Site. Therefore, a reasonable design target for an average inurnment service could be 20 people with a maximum number of people at approximately 120 people (5-10 time/year). There could be a total of 50 memorial events per year during the non winter months primarily during week days. The average length of time for an inurnment service is approximately 20-30 minutes. lf the Inurnment Service was combined with a memorial service, then the time could be increased to t hour per service. lt should be noted that the Vail Memorial Park Foundation will actively discourage large memorial events from occurring on the site to preserve the natural integrity of the site. Phasinq Proposed on Site The applicant is proposing four phases. The first phase is intended to last for 15 years. The last phase could be implemented in 30-40 years. The applicant is asking that phases 1 - 4 be approved through a conditional use permit. The applicant is only pursuing Design Review Board approval for phase 1 at this time. The capacity of each phase summarized below: 2.4. I-ATER Gaoaaal noLal tlsximurn capacity of ths M€mori€l Park i6 veriebL and dficult to es{imsb, s9 is tuturs ddnsnd. Pha6e6 would be bulll gul E3 n€€d6d, It ia anticipst€d trst lh€ Memoaiel Paak will 8€av€ VEil's n€€d! for st l€a3i € csniury. drd poslibly mudr lono€a. D€atB in E€Olo Co6ty cnrrr{ly avorqE 6G70 por ye€r, bul felvsr d|oo66 borisl in a local county c€m€16ry. Cr€mataoo aeprosents l66s then haf of budab n€tionwd€. This suogests tl€l "nomaf'ennual cl€mend tor menoaiEl3 cguld be in the range of I$30, with €ecfi phalo ssaving 1G20 yearE or mor6. This number could ir|clseso graqtly wilh ctFng 9€l€3 lo non-resid€nls and tamili$ of d€c€tg€d who arB buriod slsavh€r€ btJt want lo b€ rBm€mb€rad in Vail. (By comparieoc t|€ 1993 Vail C€m€t€ry Mastor Pbn €stnnabd loore.r dqn8 d at 9O0 bur€l 3pes, includir€ tn{Dund ..d crypt csket btrial.) Notaa: 1. The ont wells phnrEd al€ in phas€5 1, 2 End 3 at tl|€ too of tl|o slop6.lrrall6 in phe!6! 1 .nd 2 tctal.borJt 100 LF e6.h and abod 200 LF h phar.3. Exaci leaEth will bs det€mined by slakrng h ths field; nunber of inscribtbla bould€rg will depend on typ€ and av6rag6 6ize ot stoalo gnl€cled. 2. Th€ rn€xinum numb€a of momorial boulda|! will dsp€nd orl hor many arB placad along paths in ihe cqffal uplard m€€do\r ar6a9 in let6r phas€s, 66 w6ll as ihc conru€int of svoiding wetland miti0ation erces in th€ €asidn portion of the rit€. Phases 2 and 3 ar6 lar€er in ar€a than phase I . 3. BenafFs will ba insialbd in pr€d€temin€d localions (apDrox. 5 each pt|6s€) when dorEted h 6o.n6ooo'3 momory. 4. C€pacity of pha$! afrea initi€l consfuc{on could b€ iicagas€d (or d€croracd), if d€mand ward{s and t}|e Foundatkrn Boa.d c|€3iros, by adjusting the lengl|numbor of bould€r walla and the nurnba d bouldBr mark6s and fluah-s€t 6laba. 2.4 Actions Requested of the Town of Vail The Vail Memorial Park Foundation is making the following requests: 1. Approval of a Minor Subdivision 2. Approval of an application to rezone the memorial park to outdoor recreation. The Outdoor Recreation District allows cemeteries as a conditional use. Also the designated open space charter provision allows sites to be rezoned to one of the three open space zone districts (i.e. Natural Area Preservation, Outdoor Recreation, and Agriculture and Open Space). Approval of a conditional use permit for the park and cemetery. Approval of a design review permit for the park design and sign. 3. 4. INSCRIBED STONES IN DRY-STACKED BOULDER WALLS 2OO-250 2OO-250 35O4OO O 2 to 2.5 momor|al Inlcriptions p€r lineer foot of wBll - see note t ) (note 4) €FADE BOULDER MARKERS WITH INSCRIPTIONS 50.60 7S.1OO 7$,1 OO .I5O.3OO boufders cfustered near intemal wafking patha't (ooto 2) FLUSH-SET STONE STABS WTH INSCRIPTIONS 100-125 75 50-75 150+ ebngside paliways. along th. brse of merngrial wsllg, gnd in the phase I mcmorlal gathedng space) 9rov6 ar. depend€nt go availability of inigarim water) 750-900 400-560 (note 4) 375425 (noto 1) 85+ 4. AFFEGTED ENVIRONMENT The Vail Memorial Park site is part of the former Katsos Ranch property in East Vail purchased as open space by the Town of Vail. lt is a relatively flat alluvial plain bounded on the north by Gore Creek and the Interstate 70 right-of-way, on the south by US Forest Service land, on the east by wetlands and a single-family subdivision beyond them, and on the west by Town open space. Five vegetation types generally characterize the site: r A wetland/riparian strip along Gore Creek, consisting primariU of willows, Englemann Spruce, and a few cottonwoods;. Wetland shrubs and forbs at the eastern end of the site and along portions of natural swales within the property;. Rows of mature Lodgepole Pine and Cottonwood clustered in the same swales and depressions but generally not classified as wetlands;. Upland meadows of sage and wildflowers over granular soils extending through the central east-west axis of the site:o Forest of Lodgepole Pine and Aspen on the slopes to the south. Although the site was likely cultivated and flood-inigated in the past, the natural topography has not been altered in any major way. Relatively minor disturbances have been caused by earthwork associated with the construction of the sanitary sewer line across the site and the digging of small diversion ditches as part of the Eagle River Water and Sanitation District's 1995 wetland mitigation plan. The disturbances are evident where gravelly subsoils excavated from these activities have been disposed of and have been slow to revegetate naturally. In some of these areas, invasive plant species, such as Linnaia (Butter and Eggs), have taken root. There is currently a recreational trail that runs from the Katsos Ranch Trailhead through the park and connects to Sunburst Drive to the west. This is a heavily used recreational trail. Approximately 18 parking spaces are available at the east end the Katsos Ranch Trail which would be the proposed parking for the Vail Memorial Park. BACKGROUND AND ALTERNATIVES CONSIDERED In 1993 an exhaustive study was done to identify a site for a cemetery. Over 1 0 alternatives sites were evaluated for land use, ownership, and environmental considerations. After a detailed study of the altematives, the upper bench of Donovan Park was chosen as a prefened alternative. A design was developed and approved by the Town of Vail which included casket burials. This project was taken to the Vail voters in 1994 and was defeated. In 2001, a renewed effort in commemorating deceased Vail locals again became an interest. A committee was established to identify a prefened location and develop a plan for a memorial park. The committee established three major criteria for site selection: r Minimum 5 acres in size . Access . Not directly adjacent to residential areas. O After screening for those criteria the following alternatives were further reviewed. 1. Katsos Ranch 2. Spraddle Creek Trail Head 3. Streamwalk between the Covered Bridge and Ford Park Given the criteria mentioned above the prefened altematives was Katsos Ranch in that it was the furthest location from any residential area, had the appropriate size, and had good access. It also was the most quiet reflective space of the three alternatives. Other environmental considerations are reviewed below: Site Water Resources Air Quality Flora/Fauna Visual Conditions Circulation Katsos Wetlands exist on site-no loss of wetlands anticipated. Opportunity to expand wetland area with the Water District No impact Some vegetation loss would occur on the trail No significant impact is anticipated Not visible from adjancent homes 18 parking places are located at the east of Katsos Ranch. No impact is anticipated to residential areas. Spraddle Creek Spraddle creek runs through site, erosion control would be required No impact Some vegetation loss would occur on the trail No significant impact is anticipated Site is visible from mountain. However, it is heavily wooded in the summer (Aspens) 17 parking places available at trailhead. Streamwalk (east of covered bridge) Use of pavers with names may increase velocity of run-off No impact No impact is anticipated Site would be visible from adjacent properties Parking would occur at the Village Parking Structure or at Ford Park, There could be pedestrian conflicts with memorialservices. 5. 5.1 Other considerations evaluated by the Vail Memorial Committee included noise from l- 70, zoning, impact to adjacent owners, grade, and cost. After reviewing all the environmental, economic, land use factors the Town Council and the Vail Memorial Committee choose Katsos Ranch as the preferred location. POTENTIAL IMPACTS AND MITIGATION Water Resources Gore Creek runs through the site for approximately 1000 feet. Phase 1 is approximately 230 feet from Gore Creek. Wetlands are located on the site. However, they will not be impacted by the proposed trails or memorials. Montane Environmental Solutions, Ltd. (Montane) was retained by Sherry Dorward ASLA, (Client) to identify jurisdictional wetlands that may occur on a portion of the Katsos Ranch Open Space parcel located in East Vail, Colorado. lt is located in the NE % of NW % of Section 11, Township 5 South, Range 80 West, North 39o 38' 38" West 1060 18'37" The delineation was conducted on June 19 and 23.2003 in accordance with the U.S. Army Corps of Engineers (Corps) 1987 Wetland Delineation Manual. The jurisdictional wetlands on the property are primarily associated with the alluvial aquifer of Gore Creek. lt is located within the 100-year floodplain and is subject to overbank flows in its eastern most section, as witnessed in 2003. In addition, seeps along the south steep slope support mesic wetland vegetation (Salix monticola, Meftensia ciliata, and Smilacina stellata). In some instances the plant community does not meet the dominance criteria for a jurisdictional wetland, although it is a somewhat moist habitat. A low lying drainage runs along the base of the steep slopes. This drainage is the recipient to both some of the seep hydrology and overbank flows of Gore Creek. As such, it has sections of it that meet the criteria of a jurisdictional wetland. lt is hypothesized that it is a former side channel to Gore Creek with a substrate of unconsolidated alluvium and colluvium, which allows periodic draining of surface water flow and hence the broken jurisdictional wetland boundary. The remainders of the wetlands are along the bank of Gore Creek and in low lying polygons within the study area. These wetlands are dominated by willow shrubs (S. monticola and S. drummondiana) with an understory of dominant Canada reedgrass (C al am ag rosti s canadensrc). As part of its approved 1993 plan to enlarge Black Lakes, ERWS identified the Katsos Ranch property as a wetland mitigation site and committed to restoring 6 acres of wetlands on the site of which 3 Tz acres are within the proposed boundaries of the Memorial Park. Although ERWS has not yet been fully successful in re-establishing wetlands on the property, the designated mitigation sites fall under Army Corps of Engineers jurisdiction, and VMP is obligated to avoid impacts in those areas as well (or apply for a 404 permit). 5.2 Although the mitigation areas have not been surveyed and mapped, ERWS's consultant has flagged the edges of the mitigation site adjacent to VMP's first phase. The only potential conflict is the swale directly north of the primary development areas in phases 1-3, which is included in the mitigation area. The Army Corps of Engineers has informed the Town of Vail, the Vail Memorial Park Foundation, and ERWS that spanning this swale with bridges or boardwalks would not impact the District's mitigation plan and would not require a permit. (See Attachment B.) Development of paths in phases 24 may require wetland permits, depending upon the long-term success of wetland restoration in the eastem portion of the VMP site. ERWS and the VMP Foundation are actively cooperating to ensure that wetland mitigation and the Memorial Park are mutually compatible on the site. ERWS may apply for an amendment to its water augmentation plan to increase seasonal water flows to the site, which will be beneficial for VMP's desire to plant memorial groves of trees in future years. Environmental Contamination Toxic materials are a concern from traditional cemeteries with casket burials. However, cremated remains have similar characteristics as organic fertilizers. The following is a list of the chemical components and their concentrations of a cremated remain. The chemical composition of cremated remains is summarized below. Chemical Gomponents of Gremated Remains Phosphate Calcium Sulfate Potassium Sodium Chloride Silica Aluminum Oxide Magnesium lron Oxide Zinc Titanium Oxide Barium Antimony Chromium Copper Manganese Lead Tin Vanadium Beryllium Mercury 47.5% 25.3o/o 11.OOo/o 3.69% 1.12o/o 1.00o/o 0.9o/o O.72o/o 0.418o/o 0.118o/o O.O342o/o 0.02600/o 0.0066% 0.0035% 0.0018% 0.0017o/o 0.0013o/o 0.0008% 0.0005% 0.0002o/o <0.0001% <0.00001% l0 5.3. There is some concem in the literature about cancer treatment and the impact on cremated remains. However, there does not appear to be any human or environmental risks that can be found with the burial of cremated remains. The Vail Memorial Park Foundation is also proposing biodegradable urn which would be buried either behind the memorial walls or underground beside memorial rock. No water quality impacts or human health concems are anticipated from this proposed action. Air Quality No grading is proposed for the project. Therefore there should be no significant dust generated from the project. Some dust may be generated as paths are created on the site. There should be no air quality impacts as the result of the operation of the Vail Memorial Park. Biotic Conditions The natural ecosystem of East Vail in this area is a montane environment with aspen forests dominating the steep valley slopes, which have scattered seeps along their length creating species rich habitats. ln the drier valley slopes, lodgepole pines and spruce-fir trees dominate. The undeveloped floodplain of Gore Creek of which the Katsos Ranch is part, is a mosaic of four dominant vegetative communities: 1) sagebrush (Artemisia tridentatum) and rabbitbrush (Chrysofhamnus viscidiflorus) 2) lodgepole (Pinus contorta) 3) Valerian (Valeriana edulrs) and 4) Mountain willow (Sa/ix monticola). On July 23,2003, Town staff contacted the Colorado Division of Wildlife to determine if any threatened or endangered species occupied this area of Katsos Ranch. The response from the Division was that if wetlands where not disturbed not threatened or endangered species should be impacted. No threatened plant species have been found on the site. The design of the proposed Memorial Park is intended to take advantage of the innate beauty of the site's natural landscape and to minimize further disturbances. The wetland areas and forested slopes will be maintained in perpetuity as natural preserves, and all mature trees will be retained. Most of the development of memorial spaces will be concentrated in the small clearings at the toe of the forested slopes, where they will be screened from view. The openness of the upland meadows will be maintained, and over the long-term, land management strategies will be undertaken to return the vegetation of the site to a more completely native, self-sustaining composition. Natural Hazard The Katsos Ranch area includes all of the Town hazard areas, i.e., snow avalanche, debris flow, rock fall, and 100 year flood plain. Attachment C shows the various hazards in the project area. No buildings are proposed in these hazard areas. No grading will ll 5.4 5.4 5.5 5.5 occur that will increase the flood hazard in the project site. Memorial services will not occur once snow has covered the site. Therefore. there should be no increase in hazard to individuals as the result of the memorial site. lt is possible that a falling rock could damage the path and the memorial walls. This risk will be mitigated by the creation of a capital replacement fund. The proposed memorial walls will follow the grade of the slope and should not be considered a structure as defined in section 12-2-2. The 100 year flood plain does cover a significant portion of the site. Section 12-21-10 of the Town Code establishes relevant guidelines: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in Single-Family Residential, Two-Family Residential, or TweFamily Primary/Secondary Residential Zone Disfnbfs. The term "structure" as used in this Section does not include recreational structures that are intended for seasona/ use, not including residential use. E. The Administrator may require any applicant or person desiing to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the guantity or velocity of flood waters. (Ord. 16(1983) $ 1: ord 12(1978) S4) After reviewing the floodplain maps, the proposed concept plan, and the above mentioned regulations, the Foundation believes that the proposed project complies with the Town's hazard regulations. No structures are proposed anywhere on the VMP site as part of this application, and no grading is proposed that would increase the 'quantity or velocity of flood waters." Land Use Conditions Adjacent uses include primary/secondary two family residential properties east of the park and on the north side of the interstate. The closest residential property from the site is over 1000 feet away. The Katsos ranch property is zoned Natural Area Preservation and provide a natural park setting for Vail residents and guests. The only major recreational use on Katsos Ranch is the recreational trail that runs east west on the property. Access on this recreational trail can be gained from Sunburst Drive to the west and from the south side of the East Vail Interchange. No adverse land use impacts are anticipated as the result of this projecl. Visual lmpact One of the major design goals of this project is to blend the design of the park into the natural environment so that there is little or no visual impact as the result of the Memorial Park. Adjacent property owners will not see the improvements on the site. Recreational trail users would see a new 5-8 foot path coming from the Katsos Ranch Trail along with an entry feature. The rocks being proposed for the Park will not be cut and smooth. Rather they will appear as natural rocks that may have fallen from the hillside. The Foundation is also proposing that all flowers and religious icons be banned ll 5.6 from the site to further ensure that the site appears as a natural meadow. The Foundation would be responsible for informing memorial groups that flowers or other objects shall not be left on the site. The Foundation would also be responsible for maintaining the site to ensure landscaping and trails are maintained. Circulation and transportation conditions Eighteen parking spaces are cunently available at the Trail Head for Katz's Ranch. An averaged sized memorial service of 15-20 people would generate 8-10 vehicle trips which could be accommodated at the trailhead parking. However, a larger memorial service, over 30 people, i.e. generating 15 or more vehicles, could not be accommodated on the site. Mitigation for larger groups to prevent parallel parking on Bighom Rd would be required. The lnterfaith Chapel and the Vail Memorial Park Foundations proposes to require the use of buses from the Chapel parking or Vail parking structure for events over 25 people the Interfaith Chapel has agreed to provide parking with the 37 parking spaces at the chapel. In addition, the parking structures in the summer could provide parking for large memorial services in the non winter months. The Vail Mountain School has also stated that would review requests to use their parking lot in the summer. The family or friends organizing a memorial service would be required for groups over 30 individuals to provide a shuttle service for memorial service participants. Population Characteristics This project will not contribute to an increase in population or should generate new development around the project site. SUMMARY OF FINDINGS AND CONCLUSIONS No significant impacts are anticipated as the result of this project. Wetlands may infact be improved as the result of additional wetland creation through a partnership between the Eagle River Water District and the Vail Memorial Park Foundation. The design of the Memorial Park is intended to blend into the natural environment. The only impact associated with the memorial park is potentially parking along Bighorn Road. lt is recommended that a limit be placed on 30 memorial participants at once utilizing the park. lf more participants are anticipated then the Foundation should then require the use of shuftle buses from the Vail Chapel. 5.7 6. Attachments: A. B. c. Site Plan Wetland Study Hazard Study and Floodplain l3 &{ .i:c .:.'a '!.ts z;,,EqlEGliilHfrr,=a: ,$i,' j t\ ; ,.:7. .-,.4l.l c ::';igli:riii'|:.az.:yr;:ti .9 ?t;? i? si i t* a-6 r'i i{ ,,-.''''\ ,i " . : .lir :ri: l ':.1.: -':i .l a. ; ... : :j;rl:; ia: ti'!: i' ;r.,' :'. :'.: | 1l::, "t ::. -. iii ,.4 ::l i.r i.. ?... i -,: lla ::::::!:"': i::;l:-.: :. ;r i:'i i,ir ::=:; ::i i?li 6:r :; i:!.;r' ::iY i:;{ r: - !:. : a '" a- /i :: ; qi; l!;i: rl I L!, <7**:,fi::'.'":-",:l'- (970) 476.7480 . FAX (970) 476-4089 o September 5,2003 Russell W. Forrest Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Vail Memorial park Master plan Dear Russ: The Eagle River Water & Sanitation District has reviewed the most recent version of the site plan for the proposed vail Memorial park to be located at the Katsos Ranch open Space. The District has established a wetland mitigation site at Katsos Ranch, which was authorized by the Vail rown council in January 1992 (Resolution No. 24, series ofl99l). We appreciate the efforts of Russ Forrest, Sherry Dorward and the Memorial park Task Force to coordinate planning and design of the park with the District so that impacts to the wetland mitigation areas can be avoided. lhe sile plan dated July 28,2003 addresses olu concems related to the configuration of Phase I of the Vail Memorial park Master plan. The access pathway from G bike path to the Phase I area will not impact the wetland mitigation siti, if oriiges or elevated boardwalks are installed to span the drainage swale located to the noih of the phase Iloop. For the main entrance path to phase I, a bridge span of at least 20 feet will be needed to avoid impacts to the wetland mitigation are4 and for the secondary entrance path, a span ofat least 25 feet will be needed. Bridge support pilings can be locatedwithil the drainage swale without adverse impacts to tljmitigatiorisite and without applying for a permit from the U.S. Army Corp of Engineers.l we believe that the use of bridges or boardwalks to span the drainage swale will eliminate any potential conflict between Phase I of the Mernorial plt ana the District's mitigation areas. The District will take fulI responsibility for coordination with the U.S.Army corps of Engineers regarding potential impacts to the wetland mitigation site. With regard to Phases tr through IV of the Vail Memorial Park, additional work is needed t9 more precisely define the extent of wetland mitigation areas, based upon water distribution, topographic conditions and regulatory requirements of the'corps ofErgrneers. In addition, the District is inveitigating possible improvements to the water distribution system including the installation bfaiversion structures and a pond. This \WATER, WASTEwATeR, Opennrror.rs & Mnruceverur SERVTcES N Russell W. Forest September 05,2003 Page2 effort will be coordinated with the vail Mernorial park Foundation with the purpose of T-antaining a successful wetlands mitigation site ttrat is nrly compatiute witrr trcMemorial Park. we would appreciate the opportunity to review the design plans for the phase I bridges orboardwalks. If you have any questions or need any adailtional aetaits, prease feel free tocontact me, Sincerely, Eagle River Water & Sanitation District Mark Gilfillan, U.S. Army Corps of Engineers Robert M. Weaver, Hydrosphere Resouice Consultants, Inc. Dennis Gelvin, General Manager WETLAND DELINEATION REPORT VAIL ME]VIORIAL GARDEN AT KATSOS RANCH SECTION TABLE OF CONTENTS PAGE NUMBER I.INTRODUCNO il. VICINITY AND CENERAL SITE DESCRIPTION III. WETLAND DESCRIPTION A VEGFTAT1ON B..SOLS C. HYDROLOGY IV. METHODS USED V. RESOURCES APPENDICES FICURES FICURE I - SITE VICINTTY, VAIL EASI COLORADO 7.5 MINUTE QUAD FIGURE 2_WETLAND BOUNDARY SURVEYED BY PEAK LAND SURVEYORS, FRISCO, COLORADO PHOTOCRAPHS DATA FORMS WETLAND DELINEATION REPORT VAIL MENIORIAL CARDEN AT KATSOS RANCH INTRODUCTlON Montane Environmental Solutions, Ltd. (Montane) was retained by Sherry Donward AS[.A, (Client) to identifu jurisdictional wetlands that may occur on a portion of the Katsos Ranch Open Space parcel located in East Vail, Colorado. It is located in the NE t/ of N'W 7+ of Section 11, Township 5 South, Range 80 '!Uest, North 39" 38' 38" \fest 106' 18' 37" (FIGURE l). The propery is accessed from Interstate 70 to Exit 180, to Bighorn Road, which is south of the highway. The ranch is on the south side of Gore Creek. The study area was a proposed parcel of the Katsos Ranch created by the Vail Memorial Garden Committee (FIGURE 2). The property is approximately !3 Vz acres comprised of open dry meadow, riparian, and aspen/cottonwood and lodgepole forests. The delineation was conducted on June 19 and 23,2003 in accordance with the U.S. Army Corps of Engineers (Corps) 1987 Wetland Delineation Manual. II. VICINITY AND GENERAL SITE DESCRIPTION The property is located at approximately 8,400 feet elevation within the Gore Creek basin in East Vail. The ranch is separated from Interstate 70 by Gore Creek. A dense community of willow shrubs also separates it from the residential development in East Vail, which is east of the parcel. The natural ecosystem of East Vail in this area is a montane environment with aspen forests dominating the steep valley slopes, which have occasional seeps within them creating species rich habitats. On the drier valley slopes, lodgepole pines and spruce-fir trees dominate. The undeveloped floodplain of Gore Creek of which the Katsos Ranch is part, is a mosaic of four dominant vegetative communities: 1) sagebrush (Senphidiurn vaseyanum) and rabbitbrush (Chrysorhamnru viscidiflorus) 2) lodgepole (Pinus contorta) 3) Valerian (Valcnam eduiis) and 4) Mountain willow (Salu monticola). Precipitation in June 2003 was 148% of average. According to the Natural Resource Consewation Service, the SNOTEL station at Vail Mountain registered 2.2 inches of rain. The average precipitation for June is 1.8 inches. Snowpack was 28% of average at the time of the delineation and while Gore Creek saw higher than normal flows during May and June, they have been attributed to a quicker than normal snowmeltr. Iil. WETLAND DESCRIPTION The jurisdictional wetlands on the property are primarily associated with the alluvial aquifer of Gore Creek. The majority of the site, primarily the open meadow is within the 100.year I http,//www.*cc.nrcs.usda.gov/cgibin/precip.pl?state=colorado Vetla'nd Delineanor VaiI Memoiql Card'en D. I floodplainz. The boundary begins at the southeast corner of the proposed property and continues in an equidistant corridor along Gore Creek. There is a slight topographical change from the floodplain to an elevation at the toe of the steep slopes that demarcates the boundary. The wetlands located on the property other than the riverine wetland along Gore Creek are low- lying, within depressions or drainages and typicaily dominated by willow shrubs. The transition from wetland to upland is obvious in these areas because the topography is abrupt and the vegetation immediately changes from willows and a wetland understory to a sagebrush,/rabbitbrush dryland. Wetland C is a slope wetland that originates near the base of the steep slope in the southeast region of the parcel. It, too, is dominated by willow but its transition is gradual into the species- rich aspen forest higher on the slope. The wetlands along the banks of Gore Creek are less distinct in that the transition from riverine wetland to upland is gradual and includes mesic species such as Canada reedgrass (Calamogrostis conadensis), geranium (Geranium richardsonii), and bedsrraw (GaLium septentriorwb). The parcel is also the location of a mitigation site for the Upper Eagle Valley '!ilater and Sanitation District Permit Number 9560 - Katsos Ranch. The mitigation plan required "construction of a drop structure or series of drop strucnrres in Gore Creek to raise the level of the stream and the water table and to allow a portion of the flow in Gore Creek to return to the abandoned oxbow." The "oxbow" is referring to the drainage located at the base of the steep slope on the south side of the parcel within the lodgepole gallery. While the ditches have water periodically within them, they do not support a predominance of wetland vegetation. The wetland consultant for the EV\7SD believes the ditches may be maintaining some of the wetlands in the low-lying areas particularly !?etland L The wetland boundary along the banks of Gore Creek is les distinct like that of l7etland C, in that the transition from riverine wetland to upland is gradual and includes mesic species such as Canada reedgrass (Cala.n'ngrostis canadensis), geranium (Geranium nchardsonii), and bedstraw (C allium s e p tentn onale). A. VEGETATION Wetlands on rhe property are predominantly a mosaic of shrub wetlands dominated by Salix drummondii and Salix m.onacola, both common willows of the montane zone and dominant in Eagle County. Along Gore Creek trees such as alder (Alnru rcnuifolia) ard Engelmann spruce (Picea engelrnannii) with occasional Colorado spruce (Picea pungeru) occur within the mosaic. In the dry open areas sagebrush (Senphidium tid.entatum spp. ruasetan rn) dominates, transitioning into sloping meadows of valerian (Vabiana edr,riis) on the south perimeter. 2 http,,7-ww.hazardmaps.gov/atlas.php 'Wetlanl DeLircariot VaiL MemoriaL Gard,et Transition from wetland to upland is abrupt with stony upland areas dominated by pussyroes (Antenna,ria sp), buckwheat (Eriogonum umbelhtum), fleabane (Erigeron sp), and disrurbed areas invaded by toadflax (Linaaa vulgaris) with houndstongue (Cynoglossrrn officinaln). The table below lists native species characteristic of wetlands on the property. WETLAND VEGETATION COMMON NAME Ac oni tum c olumb i onum FA CW Monkshood Alnus tncatw tenuifolid OBL Thin leaf alder Betula slandulosa OBL Boe birch C alamasr o s ti s C arwdcnsi s O BL Canada reedgrass C ar damine cor dif oli a O B L Bittercress D i s ti se a iru) olucr at a F AC Twinberrv honevsuckle Eduisetum anetue FAC+Field horsetail G ahum s b e t entri orlale F ACU Northern bedstraw C eranium rtchardsonii FAC Geranium Heracbum lanatum FAC Cow-parsnip Maianthcmutn stellntum F AC False Solomons seal SaLa drummondii OBL Bluestem willow Salix monticoLa OBL Mountain willow HYDROLOGY The majoriry of the wetlands on the property are supported by the alluvial aquifer of Gore Creek. lts influence is caprured where the topography is low and the plants can reach the water table. It appears that groundwater also nears the surface near'lVetland C from the steep slopes of East Vail. The wetland boundary extends up the slope, which is likely due to the groundwater nearing the surface where the steep slope begins to decrease. At the time of the delineation, Gore Creek was receding from its flood stage. Some of the mitigation ditches had water in their initial reaches. Montane made an assumption that at that time, the water level may have been at ordinary high water and therefore the boundary of standing water became the boundary of the wetland. A vegetation indicator could not be used in these reaches because there were no plants gtowing in the ditches, and soil pits could not be dug due to the large cobbles. soil-s There is no soil survey coverage for the East Vail area by the Natural Resources Conservation Service. However it is possible that the soil identified is a transition of two soil series because of its location at the valley bottom and within the floodplain of Gore Creek. The soil found near the toe of the steep slope maybe the Almyseries. This is based on its description in the soil survey which states that is it a reddish brown loam, dark reddish brown when moist and formed in alluvium derived dominantly from calcareous B. C 'WetbnA Delitzatiotr VaiL Memvrial Gorden tedbed sandstone and shale. The soil in Sample Point 1\il7et most resembled this soil rype. The other soil type found in Sample Point 2\7et resembled that of a Mollisol in its soft textured loam. However, its dark chroma and aquic moisture regime met the hydric indicator. N. METHODS USED The wetland delineation methods used were in accordance with the U.S. Armv Corps of Ensineers Wetlands Delineation Manual, January 1987. A routine on+ite inspection for'Areas Equal to or L€ss than 5 Acres in Size'was performed. The data for the sampling points included vegetation and hydrology indicators. Two soil pits were dug to a depth of lGinches and were used to identifr the presence of reduced soil conditions; depth to saturated soil, and depth to free water. (obligate, facultative wet, and facultative), indicators ofwetland hydrology, the presence of hydric ' soils, and topography. V. RESOURCES o 1. U.S. Army Corps of Engineers (1987),'Wetland Delineation Manual. 2. U.S. Fish and Vildlife Sewice (1988), National List of Plant Species that Occur in r0?etlands (Region 8). 3. U.S. Narural Resource Conservation Service (1980), Soil Survey of Summit County Area ^tlt,oloraoo. +. ltl"l"" \Xi.A. (1996), Colorado Flora,(Westem Slope), Colorado Associated University Press. WetlznL Delircador VaiL Menmial Gar&n t 4 o o o o fi)/Zt (RED CLIFF) 4763 rt S€ SCALE 1:24000 uscs 7.5 MlN. QUAD VAIL EAST, COLORADO FICURE I SITE VICINTTY VAIL ME 1ORIAL CARDEN I I oRtPtIc sclll t!!'E-Eltl! rxrf!r.rtrAtrrr|reE.r.dtrr,t r^at- t ra -E l-rarF lQt^ '<a-'o)4,ro \ ",ro \ 'rl{ir ), .l\ ._.etie '\,. i .rsb 61 0r$ .o srinr@tdiF r.r q- t/r tI .r i' 'r A PARI bF SEC 2, T5S.l R60!Y *f!€'sftr \ Bn'9!'*rDgr...E Rro54'5J'E - 52.00' 'Ed-Blr.F'a..'Ei--E-EF-il|ffisn '-*=:F" O PHOTOGRAPH I. AT BIKE PATH BRIDGE LOOKINC WEST. PHOTOCRAPH 2 ATSOUTHERN FOOTPATH LOOKING EAST. ca PBIC ltcll.l t!+ti|.EfcE- AIIILEEIE :i,F,i-s#ri r €,$.f-li*:..FJ;, -i'#.rtrra.c caELnE! fo 1*t"",\ '')o tri*l--*riffiffiFwerr" fi.?*ffiraazw=.*qanta". r1r05. sJ'e - 3100 \--)>.:'\. o PHOTOCRAPH 3. FROM EAST END OF WM-ANID H LOOKING EAST IN LODCEPOLE GALLERY' PHOTOCRAPH 4. WEILAND C. LQOKINC SOUTHEAST. PHOTOCRAPH 5. FROM EAST END OF WEII.AND I LOOKING NORTH INTO UPLANIDS' PHoTocRAPH6.uPLANDSIMMEDIATELYSoUTHoFGORECREEKRIVERINEWETLAND. PHOTOCRAPH 7. MAN-MADE DITCH AS PART OF MITICATION FOR EVWSD" PHoTOGRAPH8.uPLANDSoFPROPoSEDPARCELLooKINGNORTHEAST.SMooTHBROME DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) : Applicant / Owner V exist on the site? ls the site significantly disturbed (Atypical Situation)? ls the area a potential Problem Area? (lf needed, explain on reverse) YES NO VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Soecies Stratum lndicator 1 A^{ r J. Monh co la ?S OBL-I 2 (/b.**rcrb.+ '0,^^d u 68.1-10 3 s,r,,tJo.it*-U-od41 H €ac 11 4 (fikltvvt.t 5Q H ku 12 5 -ilnalir*"r'r,*v1 ky.ale i H wV t-13 o 14 15 tt to Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-) Remarks ..: ,: HYDROLOGY WETLANO HYDROLOGY INDICATORS Primary Indicators: I lnundated n Saturated in Upper 12 lnches n water Marks I orift Lin"" ! Sediment Deposits I Drainage Patterns in Wetlands Secondary lndicators (2 or more Required): n Oxidized Root Channels in Upper 12Inches f] Water-stained Leaves D tocat Soil Survey Data I FAc-Neutral Test n Otn.r (Explain in Remarks) f] Recorded Data (Describe in Remarks) n str."r, Lake, or Tide Gauge ! Aeriat Photographs I otn", ! No Recorded Data Available FIELD OBSERVATIONS Deoth of Surface Water Deoth to Free Water in Pit Oeoth to Saturated Soil DATA FORM VEGETATION ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Applicant / Owner Community lDDo Normal Circumstances exist on the site ls the site signilicantly disturbed (Atypical Siiuation)? ls the area a potential Problem Area? (lf needed, axplain on reverse) YES NO Dominant Plant Species Stratum lndicator Dominant Plant Soecies Stratum lndicator a /\ l' I - r '/| 54lry f!,r.flAnLola , a\O&1-9 2 ?uufupL..Ftc"rbnnpb S A<)'10 3 \/a\evtc"na gcl"lL:K F* c-11 a kr^\ivr ^ s€rt H LAl-LA 12 .13 o 14 7 15 I Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-) Remarks HYDROLOGY WETI.AND HYDROLOGY INDICATORS Primary Indicators: n Inundated ;,ZI Saturateo in Upper 12 Inches n water Marks I Drift tin"" I Sediment Deposits fl Drainage Patterns in Wetlands Secondary lndicators (2 or more Required): D Oxidlzeo Root Channels in Upper '12 Inches ! Water-stained Leaves n tocat Soil Survey Data E FAC-Neutral Test n Otn"r (Explain in Remarks) Recorded Data (Describe in Remarks) n Str."r, Lake, or Tide Gauge n Aerial Photographs n otn"t D No Recorded Data Available FIELD OBSERVATIONS Depth of Surface Water Deoth to Free Water in Pit Depth to Saturated Soil DATA FORM VEGETATION HYDROLOGY ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Lw\ \\u_(}-ghL\r- E.j""vsi,"W oate Jftl.D\ County f,atf-4. tt,Investlgator T\\ 4A-\i4 State 'J # Do Normal Circum$t4ndes exist on the site?w4 YES NO Community lD ls the site significantly disturbed (Atypical Situatiln)? V\ ,-) YES NO Transect lD ls the area a potential Problem Area? (tf needed, explain on raverse) YES /y7 Plot lD 4r'-4 t-{ Dominant Plant SPecies of Dominant Species that are OBL' FACW, or FAC (excluding FAC-) Recorded Data (Describe in Remarks) I Str""., Lake, or Tide Gauge I nerial Photographs E otn"t No Recorded Data Available n n WETLAND HYDROLOGY INDICATORS Primary Indicators: I lnundated I Saturated in Upper 12 Inches fl water Marks fl orift Lin". E Sediment Deposits fl Drainage Patterns in Wetlands Secondary Indicators (2 or more Required): n Oxidized Root Channels in Upper 12 Inches n Water-stained Leaves I Local Soil Survey Data fl FAC-Neutral Test ! otit"r (Explain in Remarks) FIELO OBSERVATIONS Deoth of Surface Water (in) / Depth to Free Water in Pit I I (in) F Depth to Saturated Soil (in) Potential Natural Hazards for the 2W 0 200 400 Feet =. J/ail Memorial Park 1" = 300' aoo It I uSaa_-oE5$ieJqa $"ffi L'&',;*#,w'rfi lr .Iw,gLif,rr " 0 qr-:;.--.--\ (-" 1 ,----.\<1'l PANNAL TOFOGRAfHIC MAP I]{D IMPROVEMENT LOCATION CERTIIlCATE PAFT Ot SECTTON 2. T5S, R80t, 8th P.M. TO'N OF VAII, EACLE COUNTY, COII)RADO IgF6'9iH51d l''t KAISOS RANCH €r 9 Pedestran Bidq. ('r.t.d ror r0,000 lb. lo.d3) KEY M'MOEIAI WAILs W/ INSCRIBFO BOIJTOFRS \ IOV Recre.tlon PJth W.tl.nd Mitlq.tlon Araa t ntry reatsr. and sl9n Pot.^lial x.w B'ids€ {Ft.. rhrr.l. . CRUSHED STONE PATH 4 WIOE ll rrsonrer aottt orns .:. ASII5CATIERINGGARDFN '!Fl MEMoRT^L GRovEs \t- - ^ EXISIING MAIURE TREES llt rrlqTING wEltar{Ds .gfa tnv.6o.t4qa+4 4nr)D ADA C,orhed Stone Pctn R.ro(ted throrgh l.lcmorlal ar.ar NOTES lWr- iVAIL MEMORIAL PARK ]MASTER PLAN iKATSOS RANCH OPEN SPACE VAIL, COLORADO lJ -r y 28, 2o0l ooo 5r. -/\- ---3= 3\= orrurnY FEATURE o oN"/{.v+effi2(ffi.TqJ+ z-ffi> ,,J / LUT- 0 uT + r vd2v?T(aft@re#tJ@ vJe>I-lrm> [2b(e4+Ltt'ptD{44ff-Q-#,,AoA HAtry_NZWreAlL_+q-(oq-r2 AUrg.X\/ef? o IAW?(aw6eqA?tJ/wwfial n'@f1fid o ?LEUN0d - l, _/lI r \\- \---J W{-afactraz H)urW+ tJrIrl va,4r2Ux> lt)offiKtot9 o MEMORIAL BOULDER WALL q^tuA,? h>#Av e+1tu MA/WA)A?\2N F+4u+ hla..uu o? Jt (7T /xw?-?w#1r{rz rT oo 1/2" = l'- 0" o il ';- W2u,t rW+ !L,rz- 4' til DtAlAqe?,wffim>T)rEtrd %2uAt/To/a(*aevttrT+ qry.Vjftafau.{Wz= WJrefiT 10 (P<wl,'@ L A i 1gai66A7(x-3 Ctrted-t eP taAp?P rF<rdo n1'-4.-ti ), ffi|l612dvlfr+t4AVfr_-A)?tWeVJPeal-t(Ore47ffi;vw&te@t%> MEMORIAL BOULDERS 1/2" = l'-0" ooo rl-hAtdav4+ft4ot1? TFrp:(rAtc l"t4(Ure- qTue tr4fuNcrr)1%re.w-ffv1G2=!zqpa7.2wlve4r0d?w* o V4<ffiav IrAVt\b4T0drV=+ @#W,*WZ"-; MEMORTAL GATHERTNG SPACE (PLAN) v2t'6261Atffi)t&e )L,4AW-4'isVy :\ (€oreT,ffi)/2Lrewaald ' o 1/8" = l'-0" Iffi(WfAt*UtA?WuvWrz=- _?L'{-TO(@E\&>*1aaar1?((r-D,rL ce? 4'Aau+d>wc+- aFryrevpf( %c? E ^D(>? oe- alnlo(+F ftAH vielJ SEATWALL @ MEMORIAL GATHERING SPACE 1/2" = l'- 0" o o rNVeAf+U+r-L rAtvwvN 6 o o,4o/" a€olJA +-_ -_-: 1"1474t11--/-t vwV?zryP'1er-1ff?ryrd?fi?e*z-+ffi? 4c-r>awe{?.e. +t,w @"efe FV,e'. (N4 to rr* b?A Aa7ztet v1f4 aTAde^W? \t*fr{ht?a> ra( DW Ntdffi?HzvhAet ri;c-. AA?\CIEDa)ffiAPZ o oo l " = l'- o na4m\V 41a1€2+ .MfFf. td'*to'x4+e . [vlp$(. 4/to x]b" x 4tl o o a,q./. mwJr4 4- -----_> -+Tflil4|tnlaery ,n**rt?e4+(e 4,,Wav$ ^(fuaTa yr? revWr4?+'z C0\4MA"qAffiA@ r:.;".;rll "Jiti1r.Yre-qr Y4rvnrAL4a4e<hv1 w t)(ae? @eL Te?Q)?!a>#CF2MATA+ Uft14" MEM IAL ST NES ALON PATH ECTION o 'ffi:;:: F-';-;l-;"-tini-t .i f ig ifiiiF I" = l'-0" o o o ;t4eyVatAt-4a1*4ef/Y -w+ftrxA- ' Q(arje4(o re@frf 6D)ryj'-2tr 4-bqh1#l'tuhd"w/ur+W:'-r rrevre 4t7ttNV?@ MrX) I-IAX,C2b(%AN::zed-..qA1%4,-,?n-v :j ' i "'E.vt/i?uitfuaFAir(?- MEMORIAL STONES ALONG PATH o 1" = l'- 0"o PLAN o t?,w)e?42d? ItrC+z- Lfucl"" 4f4le- T66a^ ,tW@>?(FffiP ,47y57fulfA1ztq2@ .t ; 2'WA'7441tr? 4' @>r>Na,ca'ryMar) aq%rcDAWaeYp-AA*evaueWorvf;e| NcWAa-?,Pa)eE'Tgcr-me 4.trTxa-ea3'@wA7aa L ra-ta>L r71anlfajArlp v*|c&z I PEDESTRIAN/ MAINTENANCE PATH ooo t-iIrflrmD Ill|Gxet|l<rr.lI .o - -t*o- I I Hr-.-- Ilrr,^--- |I ^--tii-n IIH|_-| I-- II-ll-It-I t-lt-Il-ll-l t-l $ $ rE E$ H$r3F : Til3 cre*raIt| ar vrt ooo o ATTAHCMENT F RESPONSES TO THE PEC MEETING OF AUGUST 25,2003 TO: Plonning ond Environmentol Commission FROM: VoilMemoriolPorkFoundolion DATE: September 3, 2003 SUBJECT: Response to lssues Roised ol fhe August 25,2OO3 PEC Meeting Thonk you for your input ond the issues you roised ot lhe August ZSth peC meeting. In lhis memo, ihe Foundotion wishes to respond lo eoch of your issues. We ore confidenf thol oll of them con be odequolely oddressed lhrough the conditionol use process. Furthermore, we ore proposing to corefully lrock ond review fhe progress of the Voil Memoriol Pork (VMP) during the first yeor of operotion to ensure thol ony unforeseen conflicfs or problems ore identified ond odditionol meosures devised lo mitigoie lhem. A. Inlenslty of Use: The PEC wos concerned obout the intensity of use of the Memoriol Pork ond the potentiol conflicts ii might creofe on the frontoge rood qnd the exisiing recreolion pofh. The studies prepored in 1993 for the cemetery proposed of Donovon Pork estimoied that 24 memoriol evenis would occur in o yeor, but lhis number included cosket buriols. Bosed on informolion from the Voil Inferfoith Chopel, services typicolly lost I hour or less ond ore most oflen scheduled during weekdoys. On overoge, 15-20 people - usuolly the immediote fomily - ottend o groveside interment (cosket buriol) or inurnment (urn buriol) service, wiih the memoriol service, iypicolly lorger, occurring beforehond of the Chopel. Anticipofing the possibility thol some fomilies moy wish to hold the enlire memoriol service of the siie. the Foundolion will toke lhe following ociions lo mitigoie potentiol conflicts ond protect the noturol environmenl of the site: l. Highly visible coutionory signoge ol eoch end of the Kotsos Ronch recreotionol troil will be erected where people going to the memoriol pork willjoin the recreolion polh. These signs will sfote thot thol cyclists need lo dismount during memoriol services. 2. Friends of the fomily, congregolion members or funerol home stoff will be stotioned on the recreolionol poth fo inform cyclisls thot o memoriol service is occuning ond osk them to be coreful, slow down or dismount when lhot memoriol services consists of more thon 25 people. 3. Informolion hondouts oboui occess, porking, ond sofefy on the recreofion poth will be dislributed of the lime of sole of memoriol stones ond of ihe time of o service, through funerol homes, poslors, ond the VMP director. 4. Stringent monogemenl of construction use will occur lo prevent conflicts on the troil. This will include the use of signs ond flogmon. 5. Memoriol services expected to be lorger thon 25 people will be slrongly discouroged. In VMP's morketing moteriols, ihe sife will be described os mosf oppropriole for inlimote fomily inurnment services. 5. After the first yeor, lhe Voil Memoriol Pork Foundotion will review usoge lo identify ony operotionol issues. lf necessory, the Foundotion will consider odditionol physicol improvements lo reduce lhe potentiol for conflicts, such os widening the grovel shoulders on the recreofion polh between the porking lol ond the VMP {where lopogrophy ollows)ond using lemporory meons lo cordon off o pedestrion lone. In oddifion, VMP will loke the following octions to reduce porking conflicls on lhe fronloge rood: l. The VMP Director will require oll memoriol services likely to be oliended by more thon 25 people to ufilize ride-shore or shutfle vons from the Chopel (or other memoriol service venue), io be orgonized by funerol home, postor, or fomily in conjunction with VMP director. 2. lf ofler one yeor ihere ore comploints to lhe Town obout porking on lhe fronloge rood, the Foundolion will pursue fhe creotion of oddilionol porking ond/or more slringent requiremenls on the moximum size of memoriol groups. The Voil Memoriol Pork Foundotion will discouroge lorge memoriol services {some os #5 obove). The Voil Memoriol Pork Foundotion will poy for the plocement of odditionol no porking signs olong Bighorn Rood of the Kotsos Ronch troilheod. Copocity: PEC olso hod queslions oboul ihe copocily of the project. The EIR hos been revised io reflecl the Foundolion's cunenl esiimole of fhe number of memoriols in eoch phose. lt should be noled thof fhe long- term copocity ond the inlensity of use of ihe site ore two different lhings. The increosed number of memoriol opportunities will simply increose ihe life spon of eoch phose. Regordless of how mony memoriol inscriptions ore ovoiloble on lhe sife, lhe County will still only experience on overoge 5G70 deoihs per yeor. Nofionolly, fewer thon 5O7o of deoths resull in cremotion. Wellond lssues: PEC ex pressed some concerns oboul poteniiol conflicis with the Eogle River Woter ond Sonitolion District's (ERWS) wellond mitigotion plon on the siie. Jurisdictionol wetlonds hove been mopped ond ore idenfified in the ElR. The Army Corps of Engineers (ACOE) hos done o site inspection with Anno Higgins, lhe Foundotion's wetlond 4. B. c. D. consultont. ond Bob Weover. ERWS's wellond consultont. Conclusions from this work include: Proposed improvements in lhe Memoriol Pork do not impoct existing jurisdicfionol wellonds. As porl of its opproved 1993 plon to enlorge Block Lokes, ERWS ideniified the Kotsos Ronch property os o wetlond miligotion sile ond committed to restoring 5 ocres of wellonds on the site of which 3 % ocres ore within the proposed boundories of the Memoriol Pork. Although ERWS hos not yet been fully successful in re-esloblishing wellonds on the property, the designoled mitigotion sites foll under Army Corps of Engineers jurisdiclion, ond VMP is obligofed to ovoid impocts in those oreos os well (or opply for o 404 permii). Although the miiigotion oreos hove not been surveyed ond mopped, ERWS's consullonf hos flogged ihe edges of the mitigotion site odjocenl to VMP's first phose. The only polentiol conflict is the swole directly norlh of the primory development oreos in phoses l-3, which is included in lhe mitigotion oreo. The Army Corps of Engineers hos informed the Town of Voil, the Voil Memoriol Pork Foundotion, ond ERWS thot sponning lhis swole with bridges or boordwolks would not impoct the District's mitigotion plon ond would not require o permit. (See Aitochment A.) Development of poths in phoses 2-4 moy require wetlond permits, depending upon the long-term success of wetlond restorqlion in the eostern portion of the VMP site. ERWS ond lhe VMP Foundotion ore oclively cooperoiing to ensure thot wetlond miligotion ond the Memoriol Pork ore mutuolly compotible on the site. ERWS moy opply for on omendment to its woter ougmentotion olon to increose seosonol woter flows to the site, which will be beneficiol for VMP's desire to plont memoriol groves of trees in fuiure yeors. limils of Dislurbonce: The PEC indicoled thot the limils of dislurbonce need to be identified on the opproved plons. Limils of disturbonce ore ideniified for phose l, bui con only be opproximoted for fuiure phoses. The Foundotion hos pursued DRB opprovol only for phose l; fulure phoses will require DRB opprovol ond ot thot lime fhe Foundotion will identify the limits of disturbonce precisely. In oll phoses, disiurbonces will be limited to the morgins olong pothwoys. where wolls ond memoriol boulders will be concentrofed in o slrip opproximotely I G20 feel wide. Beyond fhot morgin, disturbonces to noturol vegeiolion will be minimol. Floodploin: Since the PEC reviewed fhe floodploin delineolion on the site survey, Town stoff hos invesfigoled furlher ond now indicofes lhot the I OG yeor floodploin covers o greoter oreo lhon wos previously identified. Section 12-21-1O of the Town Code esloblishes relevont guidelines: E. A. No structure sholl be built in ony flood hozord zone or red ovolonche hozord oreo. No slrucfure sholl be built on o slope of forty percent (407") or greoter excepl in Single-Fomily Resrdentiol, Tw o-F o mily Resldentio/, or Tw o-F omily Primory / Seco ndory Resrdenfiol Zone Districfs. Ihe ferm 'sfrucfure" os used in fhis Seclion does nof include recreotiono/ sfrucfures thot ore intended forseosonol use, nof including residenfiol use. E. The Administrotor moy requie any oppliconf or person desinng to modify the flood ploin by fill, construction, chonnelizofion, groding, or other similor chonges fo submil for review on environmenlol impocf sfolemenf in occordonce with chopter t2 of fhls fitle, to esfoblish thof the work will nof odverse Iy off ect adjocent properfres or increose the quontity or velocity of flood wofers. (Ord. 16(1983/ $ l: ord. t2(t97& I a) After reviewing the floodploin mops, lhe proposed concept plon, ond the obove mentioned regulolions, the Foundotion believes thol the proposed project complies with the Town's hozord regulotions. No structures ore proposed onywhere on the VMP site os port of this opplicotion, ond no groding is proposed fhol would increose fhe "quontity or velocily of flood woters." F. Finol Plol: Peok Lond Surveying hos complefed o minor subdivision plol for the Kotsos Ronch property fhot subdivides ii inlo two porcels: Lol l, Kofsos Ronch Subdivision. the I I .l3 ocre Memoriol Pork site;to#9 is the remoinder of Kqlsos Ronch Pork. fr.nf l+ The Foundolion is reody fo move forword wifh the Memoriol Pork ond believes lhis project meets the criterio outlined in the stoff memo for o minor subdivision, rezoning, ond condilionol use permif. We look forword lo meeting with you on Seplember 8th ond coming lo closure on lhe obove mentioned issues. Thonk you for your time ond considerolion. Elele Rrven rren & Snnmnoru Drsrnrcr 846 Forest Road . Vail, Colorado 81657 (970) 476-7480 . FAX (970) 476-4089 September 5, 2003 Russell W. Forrest Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Vail Memorial Park Master Plan Dear Russ: The Eagle River Water & Sanitation District has reviewed the most recent version of the site plan for the proposed Vail Memorial Park to be located at the Katsos Ranch Open Space. The District has established a wetland mitigation site at Katsos Ranch, which was authorized by the Vail Town Council in January 1992 (Resolution No. 24, Series of l99l). We appreciate the efforts of Russ Forrest, Sherry Dorward and the Memorial Park Task Force to coordinate planning and desigr of the park with the District so that impacts to the wetland mitigation areas can be avoided. The site plan dated July 28, 2003 addresses our concerns related to the configuration of Phase I of the Vail Memorial Park Master Plan. The access pathway from the bike path to the Phase I area will not impact the wetland mitigation site, if bridges or elevated boardwalks are installed to span the drainage swale located to the north of the Phase I loop. For the main entrance path to Phase I, a bridge span of at least 20 feet will be needed to avoid impacts to the wetland mitigation area, and for the secondary entrance path, a span of at least 25 feet will be needed. Bridge support pilings can be located within the drainage swale without adverse impacts to the mitigation site and without applyrng for a permit from the U.S. Army Corp of Engineers.. We believe that the use of bridges or boardwalks to span the drainage swale will eliminate any potential conflict between Phase I of the Memorial Park and the District's mitigation areas. The District will take full responsibility for coordination with the U.S. Army Corps of Engineers regarding potential impacts to the wetland mitigation site. With regard to Phases II through IV of the Vail Memorial Park, additional work is needed to more precisely define the extent of wetland mitigation areas, based upon water distribution, topographic conditions and regulatory requirements of the Corps of Engineers. In addition, the District is investigating possible improvements to the water O distribution system including the installation ofdiversion sffuctures and a pond. This c</- \WnreR. WnsrEwnreR. OpeRnrrolrs & MANAGEMENT SERVToES N Russell W. Forest September 05, 2003 Page2 effort will be coordinated with the Vail Memorial Park Foundation with the purpose of maintaining a successful wetlands mitigation site that is fully compatible with the Memorial Park. We would appreciate the opportunity to review the design plans for the Phase I bridges or boardwalks. Ifyou have any questions or need any additional details, please feel free to contact me, Sincerely, Eagle River Water & Sanitation District Mark Gilfillan, U.S. Army Corps of Engineers Robert M. Weaver, Hydrosphere Resource Consultants, hc. Dennis Gelvin, General Manager PEAK I.AND CONSULTANTS, INC. PEAK TAND SURVEYING, INC. PEAK CIVIL ENGINEERING, INC. , e70_726_3232.'KV"ii2n;:y'3iT"F:J:';J?,T?3l:il"'".';R?H'ni gilfil September 4, 2003 Town of Vail Department of Community Development Attn: Mr. Russell W. Forresl AICP 75 South Frontage Road Vail, Colorado 81657 Re: Vail Memorial Park Dear Mr. Forrest: I have reviewed the Master Plan and Phase I site plan for the Vail Memorial Park, concerning the I 00-year floodplain. Based on presently accepted Town of Vail floodplain information published by the Federal Emergency Management Agency (FEMA), the proposed improvements on the site should not adversely affect adjacent properties, or increase the quantity or velocity ofthe 100-year flood waters generated on Gore Creek per the requirements of the Town of Vail Hazard Code. Respectfully Yours, r &r2 A Eric G. Williams, PE Peak Civil Engineering, Inc. Ptl200- I 299\l 229\Docs\letter-fl oodolain-ff)-04-03.doc .-\ Itf I Tr*i5itr mndudr4oba gE I S *SL!,ifr!ffi * 0 sdss PAiTIII, IOPOCR'PHIC IAP TND IXPROVI|IENT IOCATION CERTINCATI PrBT OF SACIIoll 2. 15S, R80f,, orb P.L. TOIN OT VAIL ooo FINAL PLAT KASTOS RANCH MINOR SUBDIYISON A PART OF SECTION 2 AND 3, TOI{NSHIP 5 SOUTH, RANCE 80 'TEST OF THE SIXTH PRINCIPAL MERIDIAN, TOITN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO lor|i cq,lcr- cEilfrc tE E-- ia--Fr€* ss#c,ffiF puNnNG $o cnlhd$r€nr^r corjsor{ c€rmcAlE c€nlr|cAll d trc! trD lae-tE-asa6l q!i|( rxD nacodEi cfRllf|c It CtPI|f|c lf 6 o€Uc DON Arl0 Ofl,aisllP ooo FINAL PUIT KASTOS RANCH MINOR SUBDIYISON A PART OF SECTION 2 AND 3, TO'{NSHIP 5 SOUTH, RANCE 80 VEST OF THE SIXTII PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO INIERSTAIE t-70 -11i.,,'-..., FtuN-cr ffi BI6HORN suaDtvlsroN l--rr- r;*"l!1 o o o FINAL PLTT IrjSTOS RANCIT AINOR SUBDIWSON A PART OF SECTION 2 AND 3, TOVNSHIP 5 SOUTII, RANCE 80 YEST OF THE SIXTH PNINCIPAL MERIDIAN, TOTN OF YAIL, COUNTY OF EACLE, STATE OF COLORADO I + I NIENSTAIE t-70 n^cl A ffiffi ,atB ot t I'JLC 8.LU, o oo TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department September 8, 2003 A request for a final review of a subdivision of the Katsos Ranch property (unplatted), pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-88-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel of land located on in the southeast quarter of Section 2, Township 5 South, Range 80 West of the 6th Principal Meridian (proposed as Lot 1, Katsos Ranch Subdivision), and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department). Applicant: Planner: Vail Memorial Park Foundation, represented by Sherry Dorward Russell Forrest SUMMARY The Vail Memorial Park Foundation has submitted three applications to creale a memorial park on an 1 1.13 acre portion of the Katsos Ranch Park identified in the proposed minor subdivision as Lot 1, Katsos Ranch Minor Subdivision. This 156 acre parcel was purchased as open space by the Town of Vail in 1977 and is located just south of the East Vail exit from Interstate 70. The applicant is requesting approval on a minor suMivision, rezoning to Outdoor Recrealion, and a conditional use permit for a cemetery. The purpose statement of the Vail Memorial Park is: 'The Vail Memoial Pak will serue to celebrate, remember and honor the lives of the many people who have helped to define Vailthrough their experiences and contributions. By paying tribute to these diverse individuals, we will strengthen our sense of community, build upon our history and connect with others who share a spiritual passion and love for Vail." o il. This park involves the creation of a crusher fine walking path, rock memorial walls, arched entry gate, memorial rocks, and stone benches. No slructures or lighting are proposed as part of this application. Staff is recommending approval of these three applications in that this application is consislent with the crileria and findings identified in section lX of this memorandum. The applicant has provided responses to the Planning and Environmental Commission's issues identified at the August 25th meeting (Attachment F). DESCRIPTION OF REQUEST The Vail Memorial Park Foundation is requesling the following: 1. Approval of a minor subdivision to plat and subdivide the unplatted 156 acre Katsos Ranch property. This subdivision would result in an 1 1.13 acre property for the Vail Memorial Park or Lot 1, Katsos Ranch Minor Subdivision. lt would also creale Tract A, Katsos Ranch Subdivision which would total 145.6 acres 2. Recommendation of approval to the Town Council for a rezoning of Lot 1, Katsos Ranch Minor SuMivision (the 1 1.13 acre Vail Memorial Park) from Natural Area Preservalion to the Outdoor Recreation zone district 3. Approval of a condilional use permit for a cemetery which is a conditional use in the Outdoor Recreation zone district. The specific components of the proposal include: . A double track access gravel path (approximately 400 feet long in phase l) that connects the existing Katsos Ranch recreational trail to the memorial park. This path would also provide access for lhe park and Eagle River Water and Sanitation District maintenance vehicles. . A 3 foot wide (250 feet long in phase 1) trail around Phase 1 (All paths are a crusher fine trail). . Six memorial boulder walls benched into the natural topography at the toe of the slopes on the soulh side of the site for all 3 phases. Phase 1 will include two 50 foot long walls. All walls are less than 4 feet tall. r Natural stones for memorial engravings. . Memorialtrees (Lodgepole and Blue Spruce) if irrigation can be provided to the site with the cooperalion of the Eagle River Water and Sanitation Dislrict. . Arched enlrance sign to the memorial off of the existing Katsos Ranch Trail south of the pedeslrian bridge. . Burial and scattering of cremated human ashes. Casket burials will not be allowed on this site. ilt. The memorial park is proposed to be constructed in four phases as shown on the attached sile plan (Attachment E). Phase 1 is intended to last for 10-20 years depending on demand. BACKGROUND In 1993, an exhaustive study was done to identify a site for a cemetery in the Town of Vail. Over 10 alternative siles were evaluated for land use, ownership, and environmental consideralions. After a detailed study of lhe alternatives, the upper bench of Donovan Park was chosen as a preferred alternative. A design was developed and approved by lhe Town of Vail which included casket burials. This project was taken to lhe Vail volers in 1994 and was defeated. In 2001 , a renewed effort in memorializing deceased Vail locals again became an inlerest. A commitiee was established to identify a preferred location and develop a plan for a memorial park. The committee established three major criteria for site selection: . Minimum 5 acres in size . Pedestrian and vehicular access . Not located directly adjacent to residential areas. After screening for those criteria, the following alternalive sites were further reviewed. 1. Katsos Ranch 2. Spraddle Creek Trail Head 3. Streamwalk between the Covered Bridge and Ford Park Given the criteria mentioned above the preferred alternative was Katsos Ranch in lhat it was the furthest location from any residential area, had the appropriate size, and had good access. lt also was the quietest reflective space of the three alternatives. The Vail Town Council has reviewed the proposed design for the park and has voted to allow the Vail Memorial Park Foundation to apply for this use on Town land. On August 20, 2003 the Design Review Board reviewed the project and voted 3-0 to direct staff to "staff" approve the project after all applicable Planning and Environmental Commission approvals have occurred. Planninq and Environmental Commission DISCUSION ITEMS FROM THE AUGUST 25.2003 MEETING The following are discussion items for this topic: A. Intensitv of Use: The Planning and Environmental Commission was concerned about the intensity ol use on the site. The primary concerns related to this issue were conflicts on the recreational trail and parking. The Planning and Environmenlal Commission was also concerned about the conflicts in the Environmental lmpact Report (ElR) on phasing capacity and comments made by J lv. B. the applicant on capacity. The EIR has been updated with the latest information on phasing, wetlands, and floodplain information. The applicant has provided responses to these issues in the attached letter (Attachment F). Parkino: Parking for memorial services can be accommodated to a limited extent at lhe trail-head parking area for the Katsos Ranch Trail. Eighteen parking spaces are provided at this location. However, statf believes that there is inadequate parking for groups larger than 30 people. Staff believes that the applicant should require larger services to park al remote locations and to provide a shuttle service to the site. The applicant is proposing to require a shuttle service for groups over 25 people. Furthermore, additional no parking signs may be needed along the Frontage Road. Recreation Path: Staff believes there could be some limited conflicts on the recrealion palh when a large memorial service is occurring. To avoid conflicts with bicycles on the path, statf would suggest that a temporary sign on lhe existing recrealion trail be placed to the west of the memorial park and at the bridge to indicate when memorial service is occurring and for bicyclist to dismount during memorial services. The sign would be placed on the trail during memorial events. Wetlands: The Vail Memorial Foundation has been working with the Eagle River Water and Sanitation Dislrict (ERWSD) to enhance the existing wetlands on the site. Wetlands have been mapped and are identified in the wetlands study in the Environmenlal lmpact Report (Attachment D). As part of its approved 1993 plan to enlarge Black Lakes, ERWSD identified the Katsos Ranch property as a wetland mitigation site and committed to restoring 6 acres of wetlands on the site of which 3.5 acres are within the proposed boundaries of the Memorial Park. Although ERWSD has not yet been fully successful in re-establishing wetlands on the property, the designated mitigation sites fall under Army Corps of Engineers jurisdiction and Vail Memorial Park is obligated to avoid impacts in those areas as well (or apply for a 404 permit). Although the mitigation areas have not been surveyed and mapped, ERWSD consultants have flagged the edges of the mitigation site adjacent to Vail Memorial Park's first phase. The only potential conflict is the swale directly north of the primary development areas in phases 1-4, which is included in the mitigation area. The Army Corps of Engineers has informed the Town of Vail, the Vail Memorial Park Foundation, and ERWSD that spanning this swale with bridges or boardwalks would not impact the District's mitigation plan and would not require a permit. (Attachment F) Development of paths in phases 2-4 may require wetland permits, depending upon the long-term success of wetland restoration in the eastern portion of the Vail Memorial Park site. Floodolain: Staff acknowledged the need lo verify the floodplain location at the last Planning and EnvironmentalCommission meeting. Since the Planning and Environmental Gommission reviewed the floodplain delineation on the site survey, Town statf has investigated further and has found that the 100-year floodplain covers a greater area than was previously identified (Attachment E). Section 12- 21-10 ol the Town Code establishes relevant guidelines: c. D. E. v. A. A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be buift on a slope of forty percent (40o/") or greater except in Single-Family Residential, Two-Family Residential, or Two- Family Primary/Secondary Residential Zone Districts. The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use, not including residential use. E. The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in arcordance with Chapter 12 of this Title, to establish that the wok will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. (Ord. 16(1983) $ 1: Ord. 12(1978) S 4) After reviewing the floodplain maps, the proposed concept plan, and the above mentioned regulations, an Engineer with Peak Land Surveying has concluded that the proposed project complies with the Town's hazard regulations (see letter in attachment F). No slructures are proposed anywhere on the VMP site as part of this application, and no grading is proposed that would increase the'quantity or velocity of flood walers." ROLES OFTHE REVIEWING BOARDS Minor Subdivision As per section 13-+2 C of the Town Code the Planning and Environmental Commission is the final decision making body on a Minor Subdivision. Any final decision of the Planning and Environmental Gommission can be appealed to the Town Council. Rezonino Town Council: The Town Council is the final decision making authority for a rezoning or a lext amendment. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluales whether or not the Planning and Environmental Gommission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town council must utilize the criteria and findings identitied in section Vl of this memorandum. Plannino and Environmental Commission: The Planning and Environmental Commission is responsible for applying the criteria in seclion Vl of this memorandum and making a recommendation to the Town Council on a rezoning. Conditional Use Permit (CUP) Plannino and Environmental Commission: c. Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission will make recommendations to the Town Council on rezoning land, text amendments, and modif ication of hazard designations. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of lhe use on development objectives of the Town. 2. Etfect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian salety and convenience, traffic flow and conlrol, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact reporl concerning the proposed use, il an environmental impact report is required by Chapter 12 of this Title. Desion Review Board: The Design Review Board has no review authorily on a CUP, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board proposal for: o Architectural compatibility with other structures, the land and surroundings. Fitting buildings into landscape. Configuration of building and grading of a site which respects the topography. Removal/Preservalion of trees and native vegetation. Adequate provision for snow storage on-siteo Acceptability of building materials and colors. Acceptability of roof elements, eaves, overhangs, and other building forms. Provision of landscape and drainage. Provision of fencing, walls, and accessory struclures. Circulation and access to a site including parking, and site distanceso Location and design of satellite dishes. Provision of outdoor lighting. The design of parks VI. APPPLICABLEPLANNINGDOCUMENTS O A. Town of Vail Zoning Regulatlons Section 12-8C Natural Preservation (NAP) District The cunent zoning of the proposed Memorial Park site is Natural Area Preservation. The purpose statemenl for the Natural Area Preservation District is: Section 12-8C-1: The Natural Area Preseruation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in Section l2-8C-2 of this Article. The Natural Area Preseruation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The Natural Area Preseruation District includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental rcnstraints. Prgtecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preseruing wildlife habitat, flood control, protecting view nnidors, minimizing the risk from hazard areas, and proteding the natural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. (Ord.21(1994) S 10) Section 12-88 Outdoor Recreation (OR) District The applicant is proposing to rezone Lol 1, Katsos Ranch Minor SuMivision to Outdoor Recreation. The purpose Statement for the Outdoor Recreation Zone District is: Section 12-88-1: 'The outdoor recreation district is intended to preserve undeveloped or open space lands lrom intensive development while permitting outdoor recreational activities that provide opportunities lor active and passive recreation areas, facilities and uses. (Ord. 21(1ee4) S e)" B. Town of Vail Comprehenslve Land Use Plan The Comprehensive Land Use Plan designation for Katsos Ranch Park is Open Space. This land use category is defined as: "Passive recreation areas such as greenbelts, stream nrridors and drainage ways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40%" are also included within this area. These hillside areas would stillbe allowed types of development permitted by existing zoning such as one unit per 35 acres, for areas in agricultural zoning. Also, permifted in this area would be institutional/public uses." O Specific goals in the Comprehensive Land Use Plan that relate to this use include: The quality ol the environment including air, water, and other nalural resources should be protected as the Town grows. The Town of Vail should improve the existing park and open space lands while conlinuing to purchase open space. Services should keep pace with increased growth. The plan also specifically discusses Katsos Ranch and states the following: 'This parcel of land has been the subject of much community+tide discussions since its purchase by the Town of Vail in 1977. The tract contains 146 acres (current survey shows area al 156 acres) and lies immediately east of the Vail Golf Course and south of Gore Creek. A Study was prepared in 1978 to examine the impacts of alternative development scenarios for the propefi. The alternatives ranged from a "do nothing" or "no development" scenario to the construction of an executive style golf course- The study concluded that a moderate level of development is the most desirable for the site. This level of development would include a bike trail, running trail, cross country skiing trails, and picnic areas. Many o these improvements have been constructed and are used by area residents and tourists alike. Based on this expression it is assumed that passive open space is the acceptable and appropriate use for the parcel. " Town of Vail Comprehensive Open Lands Plan The Comprehensive Open Lands Plan does identify Katsos Ranch Park as a sensitive natural area as defined by the Natural Heritage Program. No specific actions or management recommendations are made for this specific parcel other than the creation of a south trail to the south of this parcel and on US Forest Service Land. After a US Forest Service review of a specific trail alignment, the Forest Service concluded that there would be significanl challenges to approving this trail with Lynx habit in close proximity to this proposed lrail. ZONING ANALYSIS 1.2 2.7 6.1 c. vil. Legal Description: Zoning: (current) Zoning: (proposed) Land Use Designation: Lot Size: Develooment Standard (OR) Parking: Lot Area: Setbacks: Lot 1, Katsos Ranch Minor Subdivision Natural Area Preservation District Outdoor Recrealion District (OR) Open Space 11.13 acres Allowed As per Chapter 10 Not applicable 20'from all property lines 8 Proposed 18 Available 400'from nearest 21' tlall24' sloped Not applicable 5% property line No buildings 0% (no buildings) VIII. SURROUNDING LAND USES AND ZONING Land Use Zonino l-70 ROW & Residential Right of Way & Primary Secondary US Forest Service No Zoning Height: Density Site Coverage North: South: East: West: Residential Golf Course Primary Secondary Outdoor Recreation tx. A. REVIEW CRITERIA AND FINDINGS Minor Subdivislon A basic premise of subdivision regulations is lhat the minimum standards for lhe creation of new lots must be met. This suMivision will be reviewed under Title 13. SuMivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: There is no minimum lot area for the Outdoor Recreation District. The proposed lot size is 11.13 acres. Frontaoe: There is no minimum frontage area for the Outdoor Recreation District. Dimension: There are no minimum dimensions for the Outdoor Recreation District. The proposed lot size for the Memorial Park is 11.13 acres. The remaining area identified as Tract A, Katsos Ranch Minor Subdivision is 145.6 acres. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "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....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 sunounding land uses and other applicable documents, effects on the aesthetics of the Town." The purpose section of Title 13, SuMivision Regulations, is intended lo insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C)are as follows: 1. "To inform each subdivider of the standards and crlteria by whlch development proposals wlll be evaluated and lo provide Information as to the type and extent of improvements required." Staff believes that this proposal meets the standards and criteria for a minor suMisvision in the Town of Vail and that the plans provide clear information on the extent of the development. Furthermore no new commercial or residenlial development will result from this suMivision and the proposed used is consistent with the natural setting of Katsos Ranch. "To provlde for the subdivision of property in the future without conflict with development on adjacent land." No land use conflicts are anticipated. The proposed site design is intended to blend into the natural landscape of Katsos Ranch Park and is over 1000 feet from adjacent residential property. The eastern portion of the site will be maintained and even enhanced as wetlands. "To protect and conserve the value of land throughout the Munlcipality and the value of buildings and improvements on the land." This proposal preserves the natural integrity of the land. No buildings are proposed for this project. No significant environmental impacts are anticipated. The applicant is working with the Eagle River and Water District to enhance the wetlands area on the site. The first phase of the Vail Memorial Park has no impacls on either existing wetlands or the proposed crealion of wetlands by the ERWSD (See Attachment A for letter from ERWSD in applicant response to Planning and Environmental Commission issues). Future phases may require Corps of Engineers approval based on whether new wellands are created on the site as planned. In evaluating the design of the Vail Memorial Park, no negative impacts are anticipated in terms of the value of adjacent properties. "To ensure that subdivision of property is in compliance wlth the Town's zonlng ordinances, to achleve a harmonious, convenaent, workable relationship among land uses, consistent with Town development objectives." Statf believes that this project is designed in harmony with the natural setting of Katsos Ranch and does not create any environmental impacts or impediments to the recreational uses of Katsos Ranch. The applicant l0 3. 4. will need to provide notice on the recreational trail to trail users during memorial events to avoid conflicts. However, staff believes that trail conflicts can be mitigated with signage considering the anticipated number of memorial evenls per year. "To gulde public and private policy and action In order to provide adequate and efficient transponailon, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilitles and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision." The creation of the Vail Memorial Park will be a critical community assel. It will nol have any significant impact on public infrastrusture. "To provlde for accurate legal descriptlons of newly subdivlded land and to establish reasonable and desirable construction design standards and procedures." A proposed plat has been provided with the application that is consistent with the requirements identified in Title 13, Chapter 4 of the VailTown Code. 'To prevent the pollution of air, streams and ponds, to assure adequacy of dralnage facillties, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserye the Integrity, stability, and beauty of the community and the value of the land-" An Environmental lmpact Report has been prepared for this project. No significant impacts are anticipated. The major mitigation of impacts involves the strict regulation of parking at the site for groups over 25 people. Working cooperatively with lhe ERWSD it is possible to expand wetlands on the site beyond what currently exists. Phase 1 of the project willnot conflict with any proposed wetland creation on the site. Also future phases should be reviewed by the Corps of Engineers to avoid conflicts once the precise boundaries of new wetlands are delineated as the result of this partnership. Rezonino 1) The extent to which the zone district amendment ls consistent with all the appllcable elements of the adopted goals, oblectives and policies outlined in the Vail Gomprehensive Plan and is compatible with the development objectives of the Town. The Comprehensive Land Use Plan identified Katsos Ranch as Open Space. The Open Lands Plan also identifies Katsos Ranch as sensitive natural area. The proposed rezoning to Outdoor Recreation with the proposed Vail Memorial Park Plan is still consistent with the Town's comprehensive plans and 7. B. ll 2' development objectives. The proposed plan protects the nalural inlegrity of the Katsos Ranch Park. The extent to which the zone district amendment is suitable with the existing and potentlal land uses on the slte and existing and potenlial surrounding land uses as set out in the Town's adopted planning documents. The proposed land use will not impact adjacent property owners. The closest home is over 1000 feet away from the Vail Memorial Park and is screened by vegelation. The proposed design of the Vail Memorial Park compliments the natural landscape and avoids impacts to existing wetlands. In facl, there is now the opportunity to enhance the existing wetland area on Katsos Ranch through a partnership with the ERWSD. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed design is inlended to blend into to the natural landscape. There should be no significant interference to the existing recreational path on Katsos Ranch given the number of times memorial evenls are anticipated within a calendar year. Statf has provided recommended conditions of approval for the Conditional Use Permit in section X of this memorandum to reduce conflicts on the recreational path. Furthermore, staff would recommend that the conditional use permit for the Vail Memorial Park be reviewed within 1 year of approval to evaluale any unanticipated impacts. The extent to whlch the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. A memorial park, as proposed, is an imporlant component to the life cycle of a community. The park is intended to celebrate and memorialize individuals that have contributed to the Vail community. The proposed zoning of Outdoor Recreation is one of the three Open Space Zone Districts. The Comprehensive Land Use Plan identifies this site as Open Space and states that Katsos Ranch is "appropriate for passive outdoor recreation." The uses in the OR zone Districl are controlled through a conditional use permit. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, alr quality, noise, vegetation, riparian corrldors, hillsldes and other desirable natural features. 3) 4) s) t2 No building or structures are proposed as part of the Vail Memorial Park. No significanl site disturbance is anticipated other than the creation of paths to the proposed memorial areas. The proposed park avoids impacting existing wetlands. Infact, there is the opportunity to expand wetland area on the eastern portion of lhe site through a partnership with the ERWSD. An Environmental lmpact Report has been prepared and no other signilicant impacts are anticipatd. The extent to which the zone dlstrict amendment is consistent with the purpose statement of the proposed zone distdct. Cemeteries are a conditional use in the Outdoor Recreation Zone District. The proposed natural design of the Vail Memorial Park is consislent with the purpose statemenl within the Natural Area Preservation Zone District. The presence of a memorial park on the site will help ensure the sile remains as open space in perpetuity. The extent to which the zone dlstrict amendment demonstrates how conditions have changed since the zoning designation of the sublect property was adopted and is no longer appropriate. The community has the need for a memorial park. This has been well documented since the last effort in 1993. Gonditions on Katsos Ranch have not changed. lt is still a beautiful meadow bordered by lodgepole pine to the south and Gore Creek on the North. The proposed design of the Vail Memorial Park is intended to blend in with the natural environment of the site. 8) Such other factors and criterla as the Commisslon and/or Couneil deem appllcable to the proposed rezoning. ConditionalUse Permit 1. Relalionship and ampact of the use on the development oblectives ol the Town. The proposed design of the Vail Memorial Park is consistent with the natural setting of Katsos Ranch. lt will maintain the environmental integrity of the site and potentially even enhance the wetland areas with Katsos Ranch. The Town Council has stated that the creation of a memorial park is a valid objeclive of the Town of Vail. The proposed design achieves that objective in a way that compliments the natural character of Katsos Ranch Park. 2. The effect of the use on light and air, dislrlbution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facllaties needs. 6) 7]' c. l3 No buildings are proposed as part of this project which will impact light and air. A memorial park is a needed community facility. The only detrimental impact is potentially parking for large memorial services. Statf believes this impact can be mitigated by requiring all memorial groups over 25 to utilize buses or shuttles to the park from either from the Vail Chapel or the Town's parking slructure (in the summer and shoulder seasons). Statf recommends reviewing the conditional use permit after 1 year to ensure that circulation on Bighorn Road and the Katsos Ranch recreational lrail are not adversely impacted. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow lrom the street and parking areas. Staff has analyzed the project intensity of use of the Vail Memorial Park. The 1993 Donovan Park cemetery study anticipated 24 memorial services (which included casket burials) within a year. Staff contacted the County Coroner and Eagle County on average has 60-70 deaths per year. Nationally approximalely 50% of all deaths result in cremation. With the proposed conditions of approval to prevent Frontage Road parking and the Foundations interest in limiling large memorial services on the site, staff does not believe there will be any significant circulation impacts. However, it is difficult to anticipate the nature of impacts with this type of use and staff would recommend that the conditional use permit be reviewed in 1 year's time. 4. Effect upon the character of the located, includlng the scale and surrounding uses. area In which the proposed use is to be bulk of the proposed use In relation to x. A. No buildings are proposed as part of this application. STAFF RECOMMENDATION Minor Subdivision The Community Development Department recommends that the Planning and Environmental Commission approves a minor subdivision, pursuanl to Chapter 4, Tille 13, Subdivision Regulations, Vail Town Code, to allow for the platting of Katsos Ranch Minor Subdivison, A part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian into Tract A (Area of Katsos Ranch Park excluding the Vail Memorial Park) and Lot 1 (Vail Memorial Park Site) Katsos Ranch Minor SuMivision. Statf's recommendation is based upon the review of the crileria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: "The Planning and Environmental Commission approves of the proposed minor suMivision and finds that the minor suMivision application is appropriate 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 sunounding land uses and other applicable documents, eflects on the aesthetics of the Town. Specifically, the Commission finds that the minor subdivision resolves allows the proper l4 B. identification and platting of the Town of Vails largest property and the ability to delineate the Vail Memoial Pak. Amendment to the Oflicial Zoning Map of the Town of Vail The Community Development Department recommends that the Planning and Environmental Commission fonrvards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, VailTown Code, to rezone Lot 1 of Katsos Ranch Minor Subdivision. Staff's recommendations are based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presenled, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment rb consrslent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the nordinated and harmonious development of the Town in a manner that conserues and enhances its natural environment and its established character as a resort and residential community of the highest quality." ConditionalUse Permit The Community Development Department recommends approval for a conditional use permit, pursuant to Section 12-98-3, Conditional Uses; Vail Town Code, to allow for a Cemetery and memorial park on Lot 1, Katsos Ranch Subdivision. Staff's recommendation is based upon the review of the criteria outlined in Section lX of this memorandum and the evidence and teslimony presenled, subject to the lollowing findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Parking (P) District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimentalto the public health, safety, or welfare or materially injurious to propefties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the wnditional use permit section of the zoning code. c. l5 o $\ A"*1 Should the Planning and Environmenlal Commission choose to approve or fonrard a recommendation of approval of the applicant's to the Vail Town Gouncil, staff recommends that the Commission makes the following conditions a part of the approval: l,'t 4. 5. 1. Afl future phases (2-41 ol the Vail Memorial Park must be reviewed by the US Army Corps of Engineers prior to conslruction as appropriate. 2. The Eagle RiverWater and Sanitation District has taken responsibility forthe review of a raised boardwalk to span the 20-25 foot wide swale into phase 1 The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail application shall be submitted review and approval of the Desig prior to The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturlcance and any future phases (phases 2-4) prior to the construction of any future phases. The applicant shall require allgroups over 25 people to use a shuttle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for i "Tff:[t?tf', 4L,lf 'll'* The applicant shall providd signage'during memorial events to clearly indicate lhat a memorial service is in progress and that cyclists should use caulion. These signs should be located at the east trail head to Katsos Ranch and 50 feet to lhe west of the Vail Memorial Park entrance on the Katsos Ranch recreational trail. The applicant shall pay for additional no parking signs along the Fronlage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Department. The applicant shall receive approval for a staging plan from the Town of Vail prior to construction being iniliated on the Vail Memorial Park. The appficant shall return to the Planning and Environmental Commission h ^yyears lime from the date of approval so that the Conditional Use Permit can be reviewed to evaluate the impacts on circulation along the Frontage Road and to the use of the recreational trail. The applicant shall notify the Planning and Environmental Commission of any Design Review Board applicalion for fulure phases so that the Commission can have the opporlunity to review the existing conditions of Conditional Use Permit approval in light of a specific plan for a future phase. 10. There shall be no mainlenance, snow plowing, or inscriptions of memorial signs in the Vail Memorial Park between December 1't and May 1't. 11. The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Ranch Minor Subdivsion for currently existing passive recreational uses. l6 \ 7. 8. Xl. Atlachments: A. Public Notlce B. Vicfnity lvlap C. Applicalion Letter D. EIR E. Des(p Plans F. Lettei from Applicant responding lo comments lrom the Ar4ust 25h meeting t7