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HomeMy WebLinkAboutPEC100037 Project Name:LIGHTNING SHELTERS PEC Number: PEC100037 Project Description: CONSTRUCT TWO LIGHTNING SHELTERS ON GOLF COURSE (WEST OF #3 GREEN NORTH OF #11 GREEN) Participants: OWNER TOWN OF VAIL 08/09/2010 IN CARE OF FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81657 APPLICANT VAIL RECREATION DISTRICT 08/09/2010 Phone: 970-479-2461 C/O RICK PYLMAN P.O. DRAWER 4727 VAIL CO 81658 License: C000001431 Project Address:1778 SUNBURST DR VAIL Location: VAIL GOLF COURSE Legal Description:Lot: Block: Subdivision: Unplatted Parcel Number:2101-092-0000-6 Comments: BOARD/STAFF ACTION Motion By:KURZ Action: APPROVED Second By:CARITN Vote:6-0-0 Date of Approval: 09/27/2010 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0013030 This conditional use permit is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Planner: PEC Fee Paid: $0.00 t - ,, Department of Community Development 4 ' 75 South Frontage . ` F 7 - d t z UV.C4 ## ' R , a Conditional Use Permit AUG 0 6 2010 Application for review by the .. .j Planning and Environmental Commissi n TOWN OF VAIL aG General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. All PEC approvals shall lapse if con- struction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: $650 Description of the Request: ( 1 e e c-e.t,Ze o ..,r p\.,,,, > 0 t,;1 c , Q ( -N- M -.) f \ - - \ > 1. -ai .�.2 V c- , 1 l k car S C_ \.O C.c.. Y , y Al, " y -e0, - c,, V ,l G; ct F ., . Physical Address: C1 ,-,ID 14 € 17-q e Vc,,1 \2,11 e 7c, \ ,1 CO Parcel Number: L„ \ ct AcA (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: - 70 V \ ewc S. ko L VIZ \) Mailing Address: 7.S 5o,., , l-7c`c- , A- „ 50 2A Vt..;1 Co FI6S7 Phone: ( -0) Li 7- y- al3K Owner's Signature: Primary Contact/ Owner Representative: S co\-1 'F. 0 C--'\ t.” V R0 Mailing Address: 700 So ‘0 i �,� ■ = L. N 4- V.. t co <16S7 Phone: (9 4o' 3`I0 -ci731 E -Mail: So co ,,,,% e 1 \ CC \/EA I c . c.o'") Fax: ( 9 % `I 3'1 9, 1`1 7 For Office Use Only: Cash CC: Visa / MC Last 4 CC # Auth # Check # Fee Paid: Ua:ue.) Received From: /fir Meeting Date: 9 f i,3 PEC No.: Pr-C /() 003 Planner: V& Project No: /2J - 03 5 Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: ()(1 i2lra#rCf 01- Jan -10 NR) VAIL RECREATION D I S T R I C T To: TOV Planning and Environmental Commission From: Vail Recreation District Date: 08 /04/10 RE: Vail Golf Course Lightning Shelters The Vail Recreation District (VRD) is currently working on plans to construct 2 (two) lightning shelters on the Vail golf course. Background: The Vail Golf Course is owned by the Town of Vail (TOV) and leased to the Vail Recreation District (VRD) to operate. The VRD installed a lightning detection system in 2008 to alert guests on the course to lightning in the area. It was determined that although we have a sophisticated system for detection we do not provide adequate shelter for those guests located in remote areas of the course. We are currently working with the Atkinson / Phelps Golf Course Architects on a golf course master plan and they have recommended that we provide lightning shelters for guests on the golf course in several remote locations. It is our intention to install these shelters in the fall of 2010. Purpose: The purpose of this project is to provide safe shelters for guests in remote areas on the Vail Golf Course during lighting storms. Details: This project will involve the excavation, foundation installation, framing and finishing of 2 (two) identical structures on the Vail Golf Course. The proposed locations for these are west of the # 3 green and north of the # 17 tee. The proposed structures would have an 18' X 18' foot print and be designed with the same Bavarian theme utilized at the Vail Golf Course pump house and storage facilities. They would be "open" on all 4 (four) sides and would not have any utilities other than a small irrigation line to feed hanging planters. We would consider these structures "simple but tasteful ". We believe that this project will contribute to the Vail's objectives of providing a safe and healthy environment for both locals and guests visiting the Vail Golf Course, it also coincides with our "Safety 1 philosophy for the Vail Recreation District. We are not incorporating any lighting or other utilities into this project. There will be no impact on local traffic as these are pedestrian structures and only accessible via the golf course. Thank you for your time. Sincerely, Scott F. O'Connell Building, Facility & Maintenance Manager Vail Recreation District (970) 477 -5264 soconnell @vailrec.com TOWN Of VAIL JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub- ject property. For example, the subject property where construction is occurring is a duplex, condominium or multi- tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple - family dwelling or multi- tenant building, the authority of the association shall complete this form and mail to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452. I, (print name) , a joint owner, or authority of the association, of prop- erty located at , provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the ad- dress noted above. I understand that the proposed improvements include: (Signature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to en- sure compliance with the Town's applicable codes and regulations. (Initial here) I request that all modifications, minor or otherwise, which are made to the plans over the course of the re- view process, be brought to my attention by the applicant for additional approval before undergoing further re- view by the Town. (Initial here) F.\cdev\ Forms\ Permits \Planning \PEC \PEC_CUP_010110 d a 06 0 m O +, O lD %—i N J m U 4-, C G 0 O O O O 0 O J J t0 cr m O N N Y Y m U U ao U U _O _O a1 O m 11 m m GO Q CO (0 N N f0 N N LL • f (0 (6 > > > > GO co > > > > > 5 co ^ W > W L —I d O LD n '1'1 0 e-1 lip NI V N1 ^ l.0 AA,, •I N N � N co � o — N co N c3.) O H U vi 0 X of c0 L V OJ M Z ^ Q M ((0 — � - co " c co O ,� > 3 CO Q W 'a = v i N c "Q 0 tt ,� Q LLJ V W Ca3 V N c 0 a, 4J � � C a, 4-, Li-1 > t z a as W ~ �,/� l7 m Z J 2 wN a "' N 0 r--• 0 o °' NI In C lip (N1 rNI = v vs In O N v U 0 0 cc QJ J L > v a) v as _ on as f0 La E — ta u (0 to 0 u = > > > a ,I 111 ^ N O a ,-I rn rn rn oo ui N c 0J cc j tii (n 0 Ft c V v c C J o u00 ° Q J E in of 0 .o i v, v ra L N 0 O O C7 > ~ 7 (0 E of Y f0 LO ._ _c vi (0 p Z C7 > 0 cc a U 0 TOWN OF VAI' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 13, 2010, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for the review of a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor irrecreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract A, Vail Village Filing 8; and the review of a conditional use permit pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the Q construction of accessory buildings and uses (lightning shelter), generally at the #11 green of the Vail Golf Course/Unplatted; and setting forth details in regard thereto. J�� (PEC100037) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Bill Gibson A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing conditional use permit, pursuant to 12-16-10, Amendment Procedures, Vail Town Code, to lower the approved building height of a new public building and grounds (new fire station #3) by reducing the roof pitch from 21,4:12 to 2:12, located at 2399 North Frontage Road West/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and 2310 Chamonix Road/Parcel B, Resub of Tract D, Vail Das Schone Filing 1 (PEC100039) Applicant: Town of Vail, represented by Mark Miller Planner: Bill Gibson A request for review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 1817 Meadow Ridge Road, Unit 6/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC100040) Applicant: Robert Boymer Planner: Rachel Friede A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard base area signage, and setting forth details in regard thereto. (PEC100041) Applicant: Town of Vail Planner: Rachel Friede A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new structure to replace the Lionshead Parking Structure Auxiliary Building to provide guest related facilities, located at 395 South Frontage Road West/Lot 1, Block 2, Vail Lionshead First Filing, Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Second Filing, and East Lionshead Circle rights-of-way, and setting forth details in regard thereto. (PEC100042) Applicant: Town of Vail, represented by Tom Braun Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 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 Impaired, for information. Published August 27, 2010, in the Vail Daily. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 13, 2010 SUBJECT: A request for the review of a conditional use permit pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the construction of accessory buildings and uses (lightning shelter), generally located at the #11 green of the Vail Golf Course/Unplatted; and setting forth details in regard thereto. (PEC100037) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Bill Gibson SUMMARY The applicant, Vail Recreation District, is requesting a conditional use permit to allow for the construction of a lightning shelter at the Vail Golf Course. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Vail Recreation District, is proposing to construct a lightning shelter near hole #11 of the Vail Golf Course. The proposed lightning shelter is located within the Outdoor Recreation District. The proposed lightning shelter is a one-story "Bavarian theme" structure intended to be aesthetically compatible with the new pump house and storage facilities recently constructed near hole #11. The lightning shelter is proposed to be constructed on a 17 foot by 17 foot square concrete slab. The supporting shelter walls are proposed to be painted stucco and wood siding with integrated seating benches. There are no exterior walls associated with the proposed lightning shelter. The lightning shelter roof is proposed to be 18 feet by 18 feet square in area with a building height of 11 feet and 8-7/8 inches. The roof is proposed to be constructed with exposed timber rafters, gray synthetic slate tiles, and copper flashing. A vicinity map (Attachment A), the applicant's request (Attachment B), and architectural plans (Attachment C) have been attached for review. III. BACKGROUND In 2008, the Vail Recreation District installed a lighting detection system at the Vail Golf Course for the safety of their patrons and staff. The system was designed to alert golfers to the presence of lighting near the course, but did not provide shelter for golfers during inclement weather. As part of their current golf course master planning process with consultant Atkinson/Phelps Golf Course Architects, the Vail Recreation District has identified the need for new lightning shelters in several remote locations of the golf course. 1 IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12-8B: OUTDOOR RECREATION DISTICT Section 12-8B-1: Purpose: 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. CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. V. SITE ANALYSIS Legal Description: Unplatted Zoning: Outdoor Recreation District Land Use Plan: Park Current Land Use: Vail Golf Course Development Standard Required Proposed Setbacks (min) 20' >20' Height (max) 24' 11'-9" Site Coverage 5% <5% Landscaping Area per DRB to be determined by DRB VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: 1-70 n/a South: Vail Golf Course Outdoor Recreation East: Vail Golf Course Outdoor Recreation West: Vail Golf Course Outdoor Recreation VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 2 1. Relationship and impact of the use on the development objectives of the Town. The Vail Golf Course is an allowed land use in the Outdoor Recreation District. Staff believes the proposed lightning shelter is a safety feature necessary for the operation of this public golf course. The proposed lightning shelter is intended to provide temporary refuge for golf course patrons and staff during periods of inclement weather. 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. Staff believes the proposed lightning shelter is necessary for the safe operation of the Vail Golf Course recreation/public facilities. The proposed shelter is one story in height and does not have enclosing walls. This design is intended to minimize the appearance of building bulk and mass and to minimize impacts to light and air. The applicant is proposing to construct the proposed lighting shelter in a location they believe will provide emergency golfer access with the least visual impact to adjacent property owners. There are no utilities such as water, sewer, electrical, or mechanical associated with the proposed lightning shelter. The proposed lightning shelter is only intended as a temporary refuge from inclement weather. Staff does not believe the proposed shelter will negatively affect the distribution of populations, transportation facilities, schools, or park facilities. 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. The proposed lightning shelter is located on the golf course and is only intended to be accessed by golf course patrons and staff from the course. The proposed lighting shelter is not designed to be accessed from a public street, bike trail, or sidewalk. Staff does not believe the proposed lightning shelter negatively affects the traffic concerns identified by the criterion. 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. The proposed lightning shelter is a one story "Bavarian theme" structures intended to the aesthetically compatible with the new pump house and storage facilities recently constructed near holes #11. The proposed lightning shelter does not have enclosing walls. This design is intended to minimize the appearance of building bulk and mass. The applicant is proposing to construct the proposed lighting shelter in a location they believe will provide emergency golfer access with the least visual impact to adjacent property owners. VIII. RECOMMENDATION The Community Development Department recommends approval, with a condition, of a conditional use permit pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the construction of accessory buildings and uses (lightning shelter), 3 generally located at the #11 green of the Vail Golf Course/Unplatted; and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for the construction of accessory buildings and uses (lightning shelter), generally located at the #11 green of the Vail Golf Course/Unplatted; and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission applies the following condition(s): "This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval for the associated design review application." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated September 13, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans 4 Attachment A Ilk . . , d • 1 3 gg 4 ?t .w at 'iii., fie"= t. t k C.\ \ ''''. .'',' ''.„ #.4, 1 s ti , ' \ 0 � a itt IS e �,%,:.',.‘ li: j r_ i 1 + t,Y { 1 ay ,� 3 l tl is + e 34 • 1^.7,1,,1^.7,1,,1^.7,1,,X } ._ . f If s b • 5 Attachment B I.1, _ 1. Pi VAIt RECREATION DISTRICT 1 To:TOV Planning and Environmental Commission From:Vail Recreation District Date:08/04/10 RE:Vail Golf Course lightning Shelters The Vail Recreation District(VRD)is currently working on plans to construct 2(two)lightning shelters on the Vail golf course. -, , Background: The Vail Golf Course is owned by the Town of Vail(TOV)and leased to the Vail Recreation District(VRD)to operate. The VRD installed a lightning detection system in 2008 to alert guests on the course to lightning in the area. It was determined that although we have a sophisticated system for detection we do not provide adequate shelter for '... those guests located in remote areas of the course. We are currently working with the Atkinson/Phelps Golf ,. Course Architects on a golf course master plan and they have recommended that we provide lightning shelters for guests on the golf course in several remote locations. It is our intention to install these shelters in the fall of 2010. Purpose: The purpose of this project is to provide safe shelters for guests in remote areas on the Vail Golf Course during lighting storms, Details: This project will involve the excavation,foundation installation,framing and finishing of 2(two)identical structures on the Vail Golf Course. The proposed locations for these are west of the#3 green and north of the It 17 tee. The proposed structures would have an 18'X 18'foot print and be designed with the same Bavarian theme utilized at the Vail Golf Course pump house and storage facilities. They would be"open"on all 4(four)sides and would not have any utilities other than a small irrigation line to feed hanging planters. We would consider these structures °simple but tasteful". We believe that this project will contribute to the Vail's objectives of providing a safe and healthy environment for both locals and guests visiting the Vail Golf Course,it also coincides with our"Safety f"philosophy for the Vail Recreation District. We are not incorporating any lighting or other utilities into this project. There will be no -, impact on local traffic as these are pedestrian structures and only accessible via the golf course. , Thank you for your time. 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F g ' VI 1 i 1)1/ 1 g i z.,„ OP , ...,.,, .1 .i'- i, ' 4 7 / r .1:•,,,g I • - M I : U Pft ii ti nit 3 / •ir.::;* it' g g§ ri 1 . - Eti 1 .e>g X 1 ill 5, ir I 41 I 6 i i 44 A.41: 14 AX t E 7-li t i 1 i4 •-1 41 , , Gore , ; S 1 TOPOGRAPHIC MAP&SITE PLAN Range A PART OF THE VAIL GOLF COURSE urveying,ux ,'D Nam 0 SC %gpow..40:•-40, 141.i... PROPOSED 11th HOLE LIGHTNING SHELTER 7.71•794.44•.4 077 anilko ceomor. 01-407 7 ,447/ i 41 .* i 44.0 TOWN OF VAIL,EAGLE COUNTY,COLORADO r ' • pp Appeals Form E C T M E Department of Community Development OCT 13 2010 TOE AVAIL. 75 South Frontage Road.,Vail,Colorado 81657 J - tel: 970.479.2139 fax: 970.479.2452 r web: www.vailgov.com TOWN OF VAIL • General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty(20)calendar days of the disputed action/decision. 1 Action/Decision being appealed: Conditional use permit pursuant to Section 12-9C-3,Conditional Uses. . Vail Town Code,to allow for the constriction of active outdoor recreation areas,facilities,and uses(lightning shelter), generally located at the#3 green of the Vail Golf Course/Tract E,Vail Village Filing#7. si - Dateof Action/Decision: September 27,2010 Board or Staff person rendering action/decision: Planning and Environmental Commission .Does this appeal involve a specific parcel of land?(yes) ( ••If yes,are you an adjacent property owner?..(yes)...(Rq)__ ..._..... Name of Appellant(s): Susan P.Johnson &Vail Mortgage Trust • Mailing Address: c/o Sherman&Howard,LLC,Attn.J. Wear, 1000 S.Frontage Rd.W.,Suite#200. • • • Vail,CO 81657 Phone; (970)476-7646 Physical Address in Vail: See attached Exhibit A Legal Description of Appellant(s) Property in Vail: Lot: Block: - Subdivision: See attached Exhibit A Appellant(s)Signature(s): Sec attached Exhibit A •(Attach a list of signatures if more space is required). Submittal Requirements: See attached Exhibit B 1. On a separate sheet or separate sheets of paper, provide a detailed explanation Of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. • 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners . whose.properties are separated from the subject property by a right-of-way, stream, or other • intervening barrier). • 4, Provide stamped,addressed envelopes for each property owner listed in (3.). • PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL,DEPARTMENT OF COMMUNITY DEVELOPMENT, • 75 SOUTH FRONTAGE ROAD,VAIL,COLORADO 81657. For giffice Use Only E, t . • • Date Regeived ,"' ,A _ j, Activity No, , • . . ..5.: I.A.I. .. � ,. :.V. Planner , ^^[ - Project No : ice' �-C-) - O 3.c . F:lcdev\FORMS\PERMITS\Plann jng\Applications\Appeals.doc ` 0 0°''' '1— 12-6-2005 • EXHIBIT A TO APPEALS FORM Physical Address in Vail: Susan P. Johnson 1195 Vail Valley Drive Vail, CO 81657 Vail Mortgage Trust 1191 Homsilver Circle Vail, CO 81657 Legal Description of Appellant(s) Property in Vail: Susan P. Johnson—Lot 14, Block 6, Vail Village Filing No. 7 Vail Mortgage Trust—Lot 3, Block 2, Vail Valley Appellant(s) Signatures: Su . P. John e 'y James R. Wear her authorized agent Vail Mortgage_Trust By: J. - es ' . 0 ear it's authorized agent BUS_RE\3593415.1 EXHIBIT B SUBMITTAL REQUIREMENTS TO APPEALS FORM EXHIBIT B-1 1. On September 27, 2010, the PEC approved a conditional use permit pursuant to Section 12-9C-3 of the Vail Town Code for a lightning shelter located near the number 3 green of the Vail golf Course for the benefit of the Vail Recreation District. The lightning shelter is within approximately 40 feet of the home belonging to Susan P. Johnson at 1195 Vail Valley Drive and close to the Vail Mortgage Trust home located at 1191 Hornsilver Circle. It is also located very close to Vail Valley Drive . The shelter will adversely affect my clients for several reasons. It is located extremely close to the home of the Johnsons. One of the criteria for the issuance of a conditional use permit number 12-16-1 is its effect on surrounding properties, and if it is found to be detrimental to other uses and properties it should be denied. The shelter will have a visual impact on the property of the Johnsons. In addition, since it is located so close to Vail Valley Drive, it will be an attractive nuisance for persons wishing to use it for purposes other than a lightning shelter. Thereby creating an unsafe and incompatible use for the neighborhood. A much better, and less intrusive, location would be near the tee box on hole number 4 which has been discussed and rejected by the VRD staff for no compelling reason. Additionally, the purported reason for the facility was use as a lightning shelter. However, there was no discussion of the fact that this type of shelter does not provide lightning protection and should actually be avoided during a lightning storm. The National Lightning Safety Institution and the Office of Emergency Management for the State of New York, among others, state that a shelter which does not contain specific lightning protective equipment and proper grounding should be avoided during a lightning storm (see attached Exhibit C and D). The approved structure does not contain any lightning protection and thereby there is no purpose for this shelter to be located in this location since it creates an unsafe attraction to golfers during a lightning storm. For these reasons this conditional use permit should be denied. BUS_RE13593351.1 EXHIBIT B SUBMITTAL REQUIREMENTS TO APPEALS FORM EXHIBIT B-2 2.. This is an appeal of the PEC decision to grant a conditional use permit pursuant to Section 12-16-5 of the Vail Town Code for a Conditional Use of property in General Use District (Section 12-9C-3). BUS_RE\3593401.1 .... ' . , - ''- --- ,'--..-; .. ..... • ..' .- / . - , ., , . •. , . , . ........ , . . , . . . .... , 1 - .". ' • • --' . v. • I . .. , . .. ,... , . 8 n) 0) 0 9 .. ,.i . 4--' -- - I < CU CI 0 ? 0 . . = v, VI V) DO (1:1 K1 3 -‹ Fb- c aJ ;v. 3 r- > TO (0),,, .-. . ro r- n 3 3 2 6, . U1 < It - VI 5.: , vo '...i.":, m . . 4 i.,,;x .? It.... -., 1.4 0-4 1.4 ■-4 I I1.0 INJ VI 00 NI W 0 1..0 0.4 ^a 0 --.I •-.1 VI Z1: . 0.■ o su 0 = — = -.1 g ...J -.. 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Site Map» Home» Back to Section 5 Contents» —National Lightning Safety Institute— September 30,2010 Section 5.5.5 Small Shelters and Safety from Lightning By Richard Kithil, President&CEO, NISI Vladimir Rakov, Ph.D., Dept. of Electrical and Computer Engineering, University of Florida Copyright©2001 Society of Automotive Engineers,Inc., Published as Paper Number 2001-01-25, Used with pet-mission 1. Abstract Small open shelters are common on athletic fields, golf courses, parks, roadside picnic areas, schoolyards, and elsewhere. Many of these shelters are built to protect against rain or sun, not lightning. What can be done to minimize risk/maximize safety for people inside them under direct and indirect lightning strike conditions?Although there is no such thing as a lightning-proof small outdoor shelter, a properly designed and installed lightning protection system may make a difference. Sometimes the difference is between life and death. 2. Lightning Hazard There are five mechanisms of lightning related injury and death: direct strike, touch voltage, side flash (or surface arc), unconnected upward discharge, and step voltage (Lee, 1977; Cooper, 2000). About half of cloud-to-ground flashes form two or more terminations when striking the earth. Lightning is known to strike tall objects considerably below their tops. Many lightning discharges are likely to produce electrical arcs developing radially along the ground surface.froni the strike . point. In the context of lightning safety, a conservative and prudent approach always is suggested. 3. General Information on Lightning Protection of Structures A basic lightning protection system (LPS) against direct strikes to an ordinary structure includes (1) air terminals, (2) down conductors, and (3) ground terminals. These three elements of the LPs must form a continuous conductive path (actually at least two paths) for lightning current, with all connections between the elements typically being accomplished by bolting or welding. The function of the LPs is to intercept lightning and safely direct its current to ground. A metal roof and/or structural metal framework (including metal support posts) can be a part of ttie"LPs if they are electrically continuous. A ground terminal may be a ground rod or a buried bare conductor wire encipc'ling the structure (also called a loop conductor or a ring electrode). The ring electrode grounding design is beneficial in,tat it also serves to equalize potential on the ground surface and to intercept electric arcs developing along or underhe ground surface toward the shelter from lightning strikes outside the ring. 4. Shelters Unprotected from Lightning In the absence of the three-element lightning protection system des 'bed above, the structure should be considered IK unprotected from lightning. Small shelters with or without lightning p' tection should be avoided where possible during thunderstorms. A disclaimer statement should be posted on each unprotected shelter by the organization running the outdoor facility. Such a disclaimer should include a clear statement that the structure does not afford protection from lightning. It would also be appropriate here to include a concise lightning guideline for personal safety.These"lightning safety tips" are available from the US Golf Association, the National Weather Service, the National Lightning Safety Institute, and other groups. http://www.lightningsafety.com/n1si_lhm/smallshelters.html 9/30/2010 bmait neiters ana gaiety nom Lightning-National Lightning Safety institute Page 2 of 3 •j 5. Shelters Protected from-Lightning A small shelter equipped with a properly designed and installed LPs may provide reasonable protection from direct lightning. It is essential, however, that a person inside the shelter does not touch any element of the LPs and tries to position himself or herself at approximately the same distance from all down conductors. Electrical signs, pop machines, water faucets, irrigation controllers, etc. can increase personal hazards inside the shelter should lightning strike nearby. Shelters should be located in relatively low areas, preferably surrounded by a large number of trees of approximately the same height. They should not be located on hilltops, near metallic fences, power poles, tall trees, or near water. A small shelter, even one protected as described here, should be viewed as the last resort option. Refuges with much higher safety levels such as large buildings and fully enclosed metal vehicles should be sought instead when time permits. A small recreation shelter with peaked roof should have an overhead shield wire system or Franklin rod system. Shield wires should be suspended on tall poles to form a "tent" over the shelter. Overhead shield wires should be connected to buried ground terminals via down conductors on the poles. Franklin rods on the roof should be connected to at least two down conductors on two diagonally opposite sides of the shelter; buried ground terminals should be connected to each of the down conductors. To improve grounding efficiency and to equalize ground potential inside the shelter we suggest the use of buried metal mesh connected to the ground terminals. Flooring made of clean rock and placed on the mesh may provide additional safety advantages. As described in IEEE Std 80, "Guide for Safety Grounding",ty in AC Substation Grounding , coarse gravel 4-6 inches in depth retards evaporation of topsoil moisture. IEEE Std 80 includes an abstract of a French study (Bodier, 1948) describing coarse gravel as an effective insulating barrier. 6. Case Studies 1. Massachusetts, 1996. A golf course shelter was located on a hilltop scenic vista with several tall trees located close by. Three golfers sought refuge from a violent hailstorm in the shelter. Lightning struck an adjacent tree and ground surface arcs entered the shelter. One person was killed and two were injured. 2. Illinois, 1985. A group of seven or eight people was huddled in an open wooden shelter during a thunderstorm. One person, wearing a Sony Walkman radio headset, stood just inches away from the wet asphalt shingled roof. When lightning struck, he was killed and others were injured. 3. Colorado, 1994. Two hunters were cooking on a charcoal stove under an outdoor shelter with a metal roof. One person was standing on a metal table positioned inside the shelter. His head was close to the roof. Lightning hit the roof. He was killed and his companion was injured. 7. Conclusion This paper outlines general principles of the lightning protection of small open shelters. The most recent edition of NFPA- 780 "Standard for the Installation of Lightning Protection Systems" should be consulted for further information. It contains many details with diagrams for the installation of air terminals, placement and sizing of conductor wires, use of aluminum vs. copper, suggested grounding design options, maintenance, etc. It is generally possible to find a local company that installs lightning protection on buildings and trees. Look in the Yellow Pages for"Lightning Protection" and "Electrical Contractors." These companies should follow minimum standards recommendations of the NFPA-780 "Standard for the Installation of Lightning Protection Systems". The Underwriters Laboratories guideline is similar and is called "Installation Requirements for Lightning Protection Systems - UL96A." 8. References 1. ANSI/IEEE Std 80-1986, IEEE Guide for Safety in AC Substation Grounding, Institute of Electrical and Electronics Engineers, New York, NY. 2. Cooper, M.A. 2000. The fifth mechanism of lightning injury. In Proc. 2000 Intl. Lightning Detection Conf., Tucson, Arizona, 2 p. 3. Installation Requirements for Lightning Protection Systems - UL96A (1998), Underwriters Laboratories, Northbrook IL. 4. Lee, W.R. 1977. Lightning injuries and death. In Lightning, vol. 2, Lightning protection, ed. R.H. Golde, pp. 521-543. http://www.lightningsafety.com/nlsi_lhm/smallshelters.html 9/30/2010 .,..,.. ..« .. •• .»...� .. ,...., .,,,,,.,s - a.uuvi,C 1,a,aauula6 vaat ty ill 1lUw 1 CL ..J V1 J• ' S. NFPA 70 (1999), National Electrical Code, National Fire Protection Association, Quincy MA. 6. NFPA 780 (1997), Standard for Installation of Lightning Protection Systems, National Fire Protection Association, Quincy 1. MA. • l 9. Contact Information 1. Richard Kithil, Founder and CEO of the National Lightning Safety Institute. NLSI is an independent consulting, education, and research organization providing objective information on lightning safety issues. Website: www.lightningsafety.com j2. Vladimir A. Rakov, Professor of Electrical and Computer Engineering at the University of Florida, Gainesville, FL. He is the author or co-author of over 230 technical publications on various aspects of lightning and lightning protection. Website: www.eel.ufi.edu/lightning. Recommended Lightning Safety Guideline: If you can hear thunder or see lightning, you should move to reasonably safe shelters, such as large buildings or all metal vehicles. About NLSI I NLSI Business Services I Lightning Incidents Personal Lightning Safety l Structural Lightning Safety I Reference Information National Lightning Safety Institute Providing expert training and consulting for lightning problems • http://www.lightningsafety.com/rilsi_lhailsmallshelters.html 9/30/2010 • = =x 2ang EXHIBIT D _ TO rt•✓ NEW YORK ORK c.r.. S.t+i!T-y A'y Tri E APPEALS . FORM ws p°,i syrfr.'r.•,faF • r _ ° y A, iez L a€ L ' ' S �&�,ye ¢ i' Y*7 • {H•�. tF k A F 7 1 3, i r v R' ri.ne'.fQ�)ry���.-".. r.�•5�.-:.;j t�+. R'.,',�"�e 5 it W.m`' �'•K 7 ' x.�2`2 sf....M_.'..•W g Ft t "'"-4A:! 44 �J� A mika NYS OFFICE OF EMERGENCY MANAGEMENT David A. Paterson Andrew Feen,,i, e" � *WON PROGRP'SR 4`A:MMUNITY r P Ptberxl�,= Oib''� 1 % . .s�� > 5 xS a- s•� .: r�r. .p B y . - 'tx...-<°=.oc 4h. i, .1 :Sy..�'a 2 "4 V WEATHER 5 - ar- <Y t y •A k 40 OEM Weather Page 1 ' h ' I rlv..�"y - `" _,..,' 's6'•F ' .x r.,F r-` PVfS Albany F NWS Buffalo - r - >! t�T x': " r 3^ t�"� k .. ,�lGd'��. H WVS Upton ' 'Cu.` "rte_ ��5.-.�,to ,fi��„`a" o k" s d z d �.s• ' ,,,� » �� M y NNS urlingt°n y r s r xc } x' t �4 5,qr � t F' v? x. N WS Binghan-ton ,.�. � .h�' Home : information : Lightning Safety Tips LIGHTNING SAFETY TIPS • What You Should Know All thunderstorms produce lightning and are dangerous. Lightning kills more people in this country each year than tornadoes. Lightning is the result of the building and discharge of electrical energy. When the buildup becomes strong enough, lightning appears as a "bolt." This flash of light usually occurs within the clouds or between the clouds and the ground. The air in a lightning strike is heated to 50,000 degrees Fahrenheit. It is this rapid heating of the air that produces the shock wave that results in thunder. Outdoors is the most dangerous place to be during a severe thunderstorm. • Be aware. Listen to NOAA Weather Radio or your local TV and radio station for the latest severe thunderstorm watches and warnings. • Severe thunderstorms are those storms with winds in excess of 58 mph or hail larger than 3/4 inches in diameter. When conditions are favorable for severe weather to develop, a severe thunderstorm watch is issued by the National Weather Service. • If severe thunderstorms and lightning are forecast, plan an alternate activity or know where you can take cover quickly. Seek Safe Shelter A house or other substantial building offers the best protection from lightning. For a shelter to provide protection, it must contain a mechanism for conducting the electrical current from the point of contact to the ground. These mechanisms may be on the outside of the structure, contained within the walls of the structure, or a combination of both. On the outside, lightning can travel along the outer shell of the building or may follow metal gutters and downspouts to the ground. Inside a structure, lightning can follow conductors such as the electrical wiring, plumbing, and telephone lines to the ground. Avoid Unsafe Shelters n p Unless specifically designed tc : lightning safe, small structures do li :, if anything, to protect occupants from lightning. Many small open shelters on athletic fields, golf courses, parks, roadside picnic areas, schoolyards and elsewhere are designed to protect people from rain and sun, but not lightning. A shelter that does not contain plumbing or wiring throughout, or some other mechanism for grounding from the roof to • ground is not safe and should be avoided during thunderstorms. If You Are Outdoors • Keep an eye on the sky. Look for darkening skies, flashes of lightning, or increasing wind, which may be signs of an approaching thunderstorm. • Listen for the sound of thunder. Even when the sky looks blue and clear, be cautious. Lightning can travel sideways for up to 10 miles. If you can hear thunder, go to a safe shelter immediately. • • When lightning is seen or thunder is heard, or when dark clouds are observed, postpone activities promptly. Dont wait for rain. Lightning often strikes as far as 10 miles away from any rainfall. Go quickly inside a completely enclosed building. If no enclosed building is convenient, get inside a hard-topped all- metal vehicle. • The principle lightning safety guide is the 30-30 rule. The first 03001 represents 30 seconds. If the time between when you see the flash and hear the thunder is 30 seconds or less, the lightning is close enough to hit you. If you havencit already, seek shelter immediately. The second 0300 stands for 30 minutes. After the last flash of lightning, wait 30 minutes before leaving your shelter. • • If you see or hear a thunderstorm coming or your hair stands on end, immediately stop your activity, suspend your game or practice, and instruct everyone to go inside a sturdy building or car. • Be the lowest point. Lightning hits the tallest object. In the mountains if you are above treeline, you ARE the highest object around. Quickly get below treeline and get into a grove of small trees. Dont be the second tallest object during a lightning storm! Crouch down if you are in an exposed area. • If you cant get to a shelter, stay away from trees. If there is no shelter, crouch in the open, keeping twice as far away from a tree as it is tall. • Avoid leaning against vehicles. Get off bicycles and motorcycles. • Get out of the water ... off the beach and out of small boats or canoes. If caught in a boat, crouch down in the center of the boat away from metal hardware. Avoid standing in puddles of water, even if wearing rubber boots. • Avoid metal! Drop metal backpacks and stay away from clothes lines, fences,and-exposed sheds.-Dont hold on to metal items such golf clubs, fishing rods, tennis rackets or tools. Large metal objects can conduct lightning. Small metal objects can cause burns. • Move away from a group of people. Stay several yards away from other people. Dont share a bleacher bench or huddle in a group. If You Are Indoors • Avoid contact with corded phones. Phone use is the leading cause of indoor lightning injuries in the United States. Lightning can travel long distances in both phone and electrical wires, particularly in rural areas. • Stay away from windows and doors and stay off porches as these can provide the path for a direct strike to enter a home. •--Avoid-contact with electrical equipment or cords. If you plan to unplug any electronic equipment, do so well before the storm arrives. • Avoid contact with plumbing. Do not wash your hands, do not take a shower, do not wash dishes, and do not do laundry. • Do not lie on the concrete floor of a garage as it likely contains a wire mesh. In general, basements are a safe place to go during thunderstorms. However, avoid contact with concrete walls which may contain metal reinforcing bars. • Bring your pets indoors before the storm. Dog houses are not lightning-safe. Dogs that are chained to trees or chained to wire runners can easily fall victim to a lightning strike. If Someone Is Struck By Lightning • First, call for help. Call 9-1-1 or your local ambulance service. Get medical attention as quickly as possible. • Give first aid. If the victim has stopped breathing, begin rescue breathing. If the heart has stopped m beating, a trained persc' .hould give CPR. If the person has a F. ;,e and is breathing, address any other injuries. • Check for burns. The injured person has received an electric shock and may be burned. Being struck by lightning can also cause nervous system damage, broken bones, and loss of hearing or eyesight. People struck by lightning carry no electrical charge that can shock other people. You can examine them without risk. - i L Disclaimer'About SEMO i Information I Programs l Community I Site Map I User Feedback Form SEMO Homepage l NYS Homepage i Director's Homepage 1 Governor's Homepage maildropi semo.state.ny.us ©Copyright 2006 - New York State Emergency Management Office -All Rights Reserved • • • • m.