HomeMy WebLinkAboutOrdinance No. 3, Series of 2010_First Reading_and Res5_Solar Panels_021610MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: February 16, 2010
SUBJECT: First reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14-10-5, Building Materials and Design, Vail Town Code, pursuant to Section 14-1-3, Administration
of Standards, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041)
Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan,
Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040)
Applicant: Town of Vail
Planner: Rachel Friede
I. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting that the Vail Town Council review proposed amendments to the Lionshead Redevelopment Master Plan (LRMP) and to Title 14, Development Standards,
Vail Town Code, for changes to regulations on solar panels. The amendments are proposed in Ordinance No. 3, Series of 2010 (changes to Title 14) and Resolution No. 5, Series of 2010
(changes to Lionshead Redevelopment Master Plan).
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon first reading, and approve, approve with modifications, or deny Resolution
No. 5, Series of 2010.
Attached to this memorandum are the following documents for review: Ordinance No. 3, Series of 2010 (Attachment A), Resolution No. 5, Series of 2010 (Attachment B), Staff memorandum
on amendments to Title 14 to the Planning and Environmental Commission (PEC) dated January 25, 2010 (Attachment C), Staff memorandum on amendments to the LRMP to the PEC dated January
25, 2010 (Attachment D), the minutes from the Planning and Environmental Commission hearing on this application (Attachment E) and an example of a solar panel on a low slope roof (Attachment
F).
II. BACKGROUND
On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval with modifications for changes to both the Lionshead Redevelopment Master Plan and
Title 14, Development Standards, Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows:
The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors.
The phrase “and shall not exceed the height of adjacent roof ridges” shall be stricken from the proposed language.
III. ACTION REQUESTED OF THE COUNCIL
Ordinance No. 3, Series of 2010:
Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon first reading.
Should the Vail Town Council choose to approve Ordinance No. 3, Series of 2010, Staff requests that the following motion be made:
“The Vail Town Council approves Ordinance No. 3, Series of 2010, an ordinance amending Section 14-10-5, Building Materials and Design, Vail Town Code, pursuant to Section 14-1-3, Administration
of Standards, for changes to the solar panel regulations, and setting forth details in regard thereto, upon first reading.”
Should the Vail Town Council approve Ordinance No. 3, Series of 2010 upon first reading, the Community Development Department recommends the Vail Town Council make the following findings
based upon a review of Section V of the Planning and Environmental Commission memorandum dated January 25, 2010, and the evidence and testimony presented:
“The Vail Town Council finds:
The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14-1-1, Purpose and Intent, Vail Town Code; and
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.”
Resolution No. 5, Series of 2010:
Staff requests that the Vail Town Council approve, approve with modifications, or deny Resolution No. 5, Series of 2010.
Should the Vail Town Council choose to approve Resolution No. 5, Series of 2010, Staff requests that the following motion be made:
“The Vail Town Council approves Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption
and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto.”
Should the Vail Town Council approve Resolution No. 5, Series of 2010, the Community Development Department recommends the Vail Town Council make the following findings based upon a
review of Section V of the Planning and Environmental Commission memorandum dated January 25, 2010, and the evidence and testimony presented:
“The Vail Town Council finds:
The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
The amendment furthers the purpose of the Lionshead Redevelopment Master Plan; and
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.”
IV. ATTACHMENTS
Ordinance No. 3, Series of 2010
Resolution No. 5, Series of 2010
Staff memorandum on amendments to Title 14 to the PEC dated January 25, 2010
Staff memorandum on amendments to the LRMP to the PEC dated January 25, 2010
PEC minutes dated January 25, 2010
Example of a Solar Panel on a Low Sloping Roof
ORDINANCE NO. 3
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 14-10-5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14-1-3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR PANEL REGULATIONS,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of
the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted
its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined
in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote 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; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of
promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and
WHEREAS, the Vail Town Council finds that these amendments will provide more appropriate, improved regulations for solar panels consistent with the architectural and aesthetic
character of the Town of Vail; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend Section 14-10-5, Building Materials and Design, in order to amend regulations for solar panels. (Text that is to be deleted is
stricken. Text that is to be added is bold. Sections of text that are not amended may be omitted.)
Section 2. Section 14-2-1 is hereby amended as follows:
SOLAR PANEL: a group of solar cells that are installed onto a flat panel surface. Photovoltaic (PV) panels capture sunlight and convert it into electric power. Solar thermal panels capture
sunlight and convert it into heat for the purposes of space heating, or hot water.
Section 3. Section 14-10-5 is hereby amended as follows:
H. Solar collectors shall lie flat on pitched roofs; however, when retrofitting an existing building with active solar, the collectors should be designed and placed in a manner compatible
with the overall design of the building.
H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally
integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach
into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or façade
to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be
painted to match adjacent building surfaces.
Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 5. The Town Council 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 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty 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 9. All bylaws, orders, resolutions and ordinances, or parts thereof, 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 IN FULL ON FIRST READING this 16th day of February, 2010 and a public hearing for second reading of this Ordinance
set for the 2nd day of March, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________
Richard D. Cleveland, Mayor
ATTEST:
__________________________
Lorelei Donaldson, Town Clerk
RESOLUTION NO. 5
Series of 2010
A RESOLUTION AMENDING SECTION 8.4.2.7 ROOFS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN,
IN ORDER TO AMEND THE GUIDELINES ON SOLAR PANELS IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and
WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use
2 Districts; and
WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of
the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted
its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined
in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the purpose of the Lionshead Redevelopment Master Plan; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote 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; and
WHEREAS, the Vail Town Council finds that these amendments will provide improved regulations for solar panels within the Town of Vail; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO:
The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan (in part) as follows (additions are indicated in bold and deletions are indicated in strikethrough:
Chapter 8: Architectural Design Guidelines:
8.4.2.7 Roofs (in part)
Skylights/Solar Panels
Skylights and solar panels are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Both elements must be included in maximum roof height calculations,
and shall be well-hidden from street level and the mountain.
Skylights
Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be
well-hidden from street level and the mountain.
Solar Panels
Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally
integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level.
Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included
in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or façade to which the panel is attached. Solar panels shall
not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces.
INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of February, 2010.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 25, 2010
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, to amend Section 14-10-5, Building Materials
and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, for amendments
to Section 14-10-5, Building Materials and Design, Vail Town Code, to allow for changes to the solar panel regulations.
The existing regulations in Title 14 state that solar panels shall be compatible with the design of the structure, and in new construction, must lie flat on roofs. While many roof angles
could accommodate panels to lay flat, in most cases, panels need to be raised to an optimal angle for solar collection and to minimize snow accumulation. The proposed regulations would
allow solar panels, regardless of new construction or existing buildings, to be installed at any angle, as long as the design is architecturally integrated into the overall design of
the structure and the panels do not exceed more than eight (8) feet from the roof structure to which they are attached.
Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission
forward a recommendation of approval to the Vail Town Council for this application.
II. DESCRIPTION OF REQUEST
The proposed regulation amendments to Title 14, Development Standards, Vail Town Code, are as follows (text to be deleted is in strikethrough, text that is to be added is bold):
14-2-1: DEFINITIONS OF WORDS AND TERMS:
SOLAR PANEL: A device or combination of devices that transforms direct solar energy into thermal, chemical, or electrical energy.
14-10-5: BUILDING MATERIALS AND DESIGN:
H. Solar collectors shall lie flat on pitched roofs; however, when retrofitting an existing building with active solar, the collectors should be designed and placed in a manner compatible
with the overall design of the building.
H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally
integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach
into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or façade
to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave and shall not exceed the height of adjacent roof ridges. Solar
panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces.
The following are pros and cons for adopting the proposed amendments:
PROS:
The amendments provide quantitative requirements for height and location of solar panels, instead of subjective language to be determined by the Design Review Board.
The amendments better facilitate the use of alternative energy technology within the Town of Vail.
The amendments provide clarification on solar panels installed on non-conforming structures.
CONS:
The amendments create a less subjective review of solar panel installations, and may not account for technology that is not currently available.
The amendments may increase the perceived bulk and mass of structures with solar panels.
The amendments could allow solar panels to be installed higher than previously permitted.
III. BACKGROUND
Solar panels have become a popular source of on-site alternative energy, since the Vail area with its cold climate and abundance of sun is one of the most optimal geographic regions
for solar panel function. Existing Town regulations require that solar panels lie flat on pitched roofs in new construction to ensure that the panels do not detract from the landscape,
views, or the character of the buildings in the community. However, in Vail, the recommended angle for solar photovoltaic and thermal panels is 50 degrees on a flat roof to allow for
snow shedding and proper solar collection. A flat installation may not optimize the efficiency of the solar panels. The recommended update to the regulations ensures that any proposed
panels are installed at an efficient angle while being designed to fit with the architecture of the existing structure.
The Town of Vail has a commitment to environmental sustainability and reducing carbon emissions by, along with other programs, promoting renewable energy. This update in solar regulations
will allow for optimal efficiency and more flexibility in solar installations, which will result in additional solar projects in town.
Most photovoltaic (PV) solar panels are 5.2 feet in actual height, and the recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2-foot allowance
for snow between the panel and the roof, the recommended height limit should be six (6) feet. PV panels, which provide electricity, function properly only when the
entire panel is exposed to the sun’s rays. Therefore, even minimal snow coverage is not desired for maximum efficiency.
Solar thermal panels, such as those proposed on the Antlers Condominiums project for domestic hot water and pool heat, are 7.6 feet in actual height. The recommended angle for a flat
roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance (solar thermal panels do not lose effectiveness as drastically as PV in the case of snow cover)
for snow between the panel and the roof, the recommended height limit should be eight (8) feet.
IV. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 14: DEVELOPMENT STANDARDS
14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations,
and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large.
The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail.
VAIL ENVIRONMENTAL STRATEGIC PLAN
Goal #2: Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse
gas emissions and impact on global climate change.
Objectives:
5. Implement community energy efficiency and renewable energy program.
Goal #4: Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community.
Implement employee sustainability programs to maintain high quality of life.
VAIL 20/20 STRATEGIC PLAN:
Vail Values:
Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards
of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community.
V. REVIEW CRITERIA
The extent to which the text amendment furthers the purpose of the Development Standards; and
The proposed regulation amendments are intended to ensure safety, help protect
property values, and ensure the aesthetic quality of the community. Solar panels can increase property values, and Staff believes the proposed amendments help further homeowners’ ability
to install the panels. Because the proposed regulations include additional detailed requirements, it will likely help to streamline the development review process. Therefore, Staff
believes the proposed amendments are consistent with the purposes of the Town’s Development Standards as outlined in Section V above.
The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
Staff believes the proposed amendments further the Town’s environmental policy objectives by adopting standards that better facilitate alternative energy. Specifically, the Environmental
Sustainability Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy, a partnership with the community and the need for reduced energy
usage. The proposed amendments would further the goals, objectives and policies outlined in these plans.
The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
Staff believes the Town’s existing solar panel regulations are no longer appropriate due to recent changes in solar panel technology, such as improvements in efficiency and aesthetic
design. The existing regulations also do not provide allowances for optimal performance or snow loading. In addition, market demand for solar technology continues to increase due to
better technology, tax incentives, rebates, and the growing need for energy conservation. Staff believes the Vail Town Code should adapt to these changes.
The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives.
The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue to
ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town. Therefore, Staff believes the proposed text amendments will facilitate
and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives.
Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14-1-3,
Administration of Standards, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations,
and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass
the following motion:
“The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, to
amend Section 14-10-5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes
the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented:
“The Planning and Environmental Commission finds:
The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14-1-1, Purpose and Intent, Vail Town Code; and
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.”
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 25, 2010
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow
for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto.
(PEC090040)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council on proposed amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in
order to amend the guidelines for solar panels in Lionshead.
Currently, the Lionshead Redevelopment Master Plan requires that solar panels be hidden from mountain and street view, limits their height to a maximum of three (3) feet above the adjacent
roof structure, and calculates solar panels toward the maximum building height calculations. The proposed amendments would exclude solar panels from maximum building height calculation,
and will increase the panel’s maximum height to eight (8) feet as measured from the roof structure below.
Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission
forwards a recommendation of approval to the Vail Town Council for this application.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting the following text amendments to the Lionshead Redevelopment Master Plan, with additions in bold and deletions in strikethrough.
Chapter 8: Architectural Design Guidelines:
8.4.2.7 Roofs (in part)
Skylights/Solar Panels
Skylights and solar panels are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Both elements must be included in maximum roof height calculations,
and shall be well-hidden from street level and the mountain.
Skylights
Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be
well-hidden from street level and the mountain.
Solar Panels
Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally
integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level.
Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included
in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or façade to which the panel is attached. Solar panels shall
not be installed within two (2) feet of a roof ridge or roof eave and shall not exceed the height of adjacent roof ridges.
Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces.
The following are pros and cons for adopting the proposed amendments:
PROS:
The amendments provide quantitative requirements for height that are reflective of existing solar technology.
The amendments better facilitate the use of alternative energy methods within the Town of Vail, and specifically in Lionshead.
The amendments provide clarification on solar panels installed on existing non-conforming structures.
CONS:
The amendments create a less subjective review of solar panel installations, and may not account for technology that is not currently available.
The amendments could allow solar panels to be installed higher than previously permitted.
The amendments dilute language requiring screening of solar panels from the mountain.
III. BACKGROUND
On October 7, 2009, the Design Review Board approved an exterior alteration application for the Antlers Condominiums that included the installation of solar panels on the roof. Upon
review of the building permit, Staff discovered a discrepancy between the approval and language in the Lionshead Redevelopment Master Plan regarding solar panels. This language would
prohibit the Antlers Condominiums from installing the solar panels due to maximum height requirements and view from the ski mountain.
At the same time, Staff has been working on the sustainable building initiative and wanted to bring forward one aspect of this project. Staff facilitated this application to amend the
Lionshead Redevelopment Master Plan in order to make requirements more applicable to actual proper installation of solar panels for maximum efficiency on existing and new buildings in
Lionshead.
Most photovoltaic (PV) solar panels are 5.2 feet in actual height, and the recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance
for snow between the panel and the roof, the recommended height limit
should be six (6) feet. PV panels, which provide electricity, function properly only when the entire panel is exposed to the sun’s rays. Therefore, even minimal snow coverage is not
desired for maximum efficiency.
Solar thermal panels, such as those proposed on the Antlers Condominiums project for domestic hot water and pool heat, are 7.6 feet in actual height. The recommended angle for a flat
roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance (solar thermal panels do not lose effectiveness as drastically as PV in the case of snow cover)
for snow between the panel and the roof, the recommended height limit should be eight (8) feet.
IV. APPLICABLE DOCUMENTS
The following are applicable documents from Title 12, Zoning Regulations, Vail Town Code, and the Lionshead Redevelopment Master Plan.
Zoning Regulations (in part)
Lionshead Mixed Use – 1 Zone District (in part)
12-7H-1: PURPOSE:
The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units,
restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment
Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities
of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead
Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging,
housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously
established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With
any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access,
public plaza redevelopment, public art, roadway improvements, and similar improvements.
Lionshead Redevelopment Master Plan (in part)
Chapter 2, Introduction
Purpose of the Master Plan (in part)
“This master plan was initiated by the Town of Vail to encourage redevelopment and
new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer
a world class resort experience. Lionshead’s economic potential has been inhibited by a number of recurrent themes:
Lack of growth in accommodation units (“hot beds”);
Poor retail quality;
Deterioration of existing buildings;
Uninteresting and disconnected pedestrian environment;
Mediocre architectural character; and the
Absence of incentives for redevelopment.
This master plan is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning
public improvements. The plan outlines the Town’s objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and
new development.”
2.8 Adoption and Amendment of the Master Plan
The Lionshead Master Plan was adopted by resolution No. 14, Series of 1998, on December 15th, 1998, by the Vail Town Council following a recommendation to approve by the Planning and
Environmental Commission. Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental
Commission. Implementation activities and ordinances will be approved in accordance with the Town of Vail Municipal Code.
VAIL ENVIRONMENTAL STRATEGIC PLAN
Goal #2: Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse
gas emissions and impact on global climate change.
Objectives:
5. Implement community energy efficiency and renewable energy program.
Goal #4: Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community.
Implement employee sustainability programs to maintain high quality of life.
VAIL 20/20 STRATEGIC PLAN:
Vail Values:
Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards
of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community.
V. CRITERIA FOR REVIEW
The extent to which the text amendment furthers the purposes of the Lionshead Mixed Use 1 District and the Lionshead Redevelopment Master Plan; and
Staff believes the text amendments further the purpose of the LMU-1 District by facilitating “an economically vibrant lodging, housing, and commercial core area.” Solar panel installation
is a desirable amenity and utility for lodging and housing, and could help improve the economic vibrancy of lodging in the area. Solar panels can increase property values, and Staff
believes the proposed amendments help further homeowners’ ability to install the panels. Because the proposed regulations include additional detailed requirements, it will likely help
to streamline the development review process.
The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
Staff believes the proposed amendments further the Town’s environmental policy objectives by adopting standards that promote alternative energy. Specifically, the Environmental Sustainability
Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy and these amendments would further the goals, objectives and policies outlined in
these plans.
The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
Staff believes the Town’s existing solar panel regulations are no longer appropriate due to recent changes in solar panel technology, such as improvements in efficiency and aesthetic
design. The existing regulations also do not provide allowances for optimal performance or snow loading. In addition, market demand for solar technology continues to increase due to
better technology, tax incentives, rebates, and the growing need for energy conservation. Staff believes the Vail Town Code should adapt to these changes.
The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives.
The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue
to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town. Therefore, Staff believes the proposed text amendments will facilitate
and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives.
Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Town of Vail Planning and Environmental Commission forwards a recommendation of approval for a proposed text amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7
Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. Staff’s recommendation of approval
is based upon a review of the evidence and testimony presented and the review of the criteria outlined in Section V of this memorandum.
Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, the Community Development Department recommends the Commission pass the
following motion:
“The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead
Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting
forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes
the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented:
“The Planning and Environmental Commission finds:
The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
The amendment furthers the purpose of the Lionshead Redevelopment Master Plan; and
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.”
PLANNING AND ENVIRONMENTAL COMMISSION
January 25, 2010
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Bill Pierce Michael Kurz
David Viele Rollie Kjesbo
Luke Cartin
Tyler Schneidman
Sarah Paladino
A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments
to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Recommendation of approval with modifications
MOTION: Viele SECOND: Paladino VOTE: 5-0-0
CONDITIONS:
The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors.
The phrase “and shall not exceed the height of adjacent roof ridges” shall be stricken from the proposed language.
Rachel Friede gave a presentation per the staff memorandum. She highlighted the specifics of the Antlers Lodge request for solar panels. She then went through the proposed text to
explain all the proposed language.
Commissioner Viele stated for the record that his company, Viele Construction, had been awarded the contract to perform the exterior work on the Antlers. He then stated that he would
not recuse himself because he felt he could act impartially on the request as it applied to all properties not just the Antlers.
Commissioner Pierce inquired as to the loss of efficiency with reduced panel angle.
Meagan Yoeman, Active Energies, spoke to the question regarding the slope of panels and the loss of efficiency by reducing the angle of the panels. She stated that photovoltaic panels
have more significant losses with reduced angle efficiency. She stated that in Vail the optimum angle of solar panels ranges between 45 and 50 degrees.
Commissioner Pierce inquired as to the balance between restricting the maximum angle and fitting the roof aesthetics more appropriately.
Rachel Friede stated that the Design Review Board has been using current regulations to ask for design changes to have a positive effect on the aesthetics of solar panels. .
Commissioner Cartin pointed out that the definition proposed for solar panels may not fit. He suggested amending the definition to tighten up the language to exclude some of the less
aesthetically pleasing products. He also noted that photovoltaic solar panels get hot and can shed snow quickly. He suggested a sliding scale for height limitations based on roof slope.
Commissioner Paladino expressed her thoughts that the proposed regulations will accomplish the desired result for the majority of applicants.
Commissioner Schneidman suggested changing the regulations to be clearer for the general public.
A request for a final recommendation to the Vail Town Council, pursuant to Section 14-1-3, Administration of Standards, Vail Town Code, to amend Section 14-10-5, Building Materials and
Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Recommendation of approval with modifications
MOTION: Viele SECOND: Paladino VOTE: 5-0-0
CONDITIONS:
The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors.
The phrase “and shall not exceed the height of adjacent roof ridges” shall be stricken from the proposed language.
The public hearing for this item occurred in conjunction with Item 3 above.
Example of A Solar Panel on A Low Sloping Roof