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HomeMy WebLinkAbout2002-10-15 Support Documentation Town Council Evening Session_, ~. AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, October 15, 2002 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (5 min.). 2. ITEM/TOPIC: Formalization of Streetscape Committee. (5 min.) 3. ITEM/TOPIC Resolution #16, Exhibit-G, Series of 2002, adopting a 5 year Capital Projects Planning Document. (5 min.) 4. Bill Gibson__ ITEM/TOPIC: First Reading of Ordinance No. 28, Series of 2002, an ordinance amending Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12- 2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 28, Series of 2002, on first reading. BACKGROUND RATIONALE: The Vail Junior Hockey Association and the Vail Recreation. District is requesting to amend the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7, Vail Town Code. The proposed amendments include a text amendment to .Section 12-86-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use - in the Outdoor Recreation zone district; text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity." These proposed text amendments are intended to facilitate the construction of a seasonal ice rink at the Vail Golf Course driving range site. The Planning and Environmental Commission is scheduled to review and discuss the proposed text amendments at its Monday, October 14, 2002, public hearing. At this public hearing, the Planning and Environmental Commission is also scheduled to forward a recommendation to the Town Council on the proposed text amendments. The Planning and Environmental Commission's recommendation will be forwarded to the Town Council at its Tuesday, October 15, 2002, work session. F: mcaster/agenda/tcmeeU2002/101502 STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 28, Series of 2002, on first reading. 5. ITEM/TOPIC: Bill Gibson Ordinance No. 29, Series of 2002, first reading amending Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 29, Series of 2002. BACKGROUND RATIONALE: The Public Service Company of Colorado is requesting to amend the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7, Vail Town Code. The proposed amendments include a text amendment to Section 12- 86-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto.. This proposed text amendment is intended to facilitate the construction of a natural gas regulator station at the Vail Golf Course. -- The Planning and Environmental Commission is scheduled to review and discuss the proposed text amendments at its Monday, October 14, 2002, public hearing. At this public hearing, the Planning and Environmental Commission is also scheduled to forward a recommendation to the Town Council on the proposed text amendment. The Planning and Environmental Commission's recommendation will be forwarded to the Town Council at its Tuesday, October 15, 2002, work session. STAFF RECOMMENDATION: The Community. Development Department recommends that the Town Council approve Ordinance No. 29, Series of 2002, on first reading. 6. Russ Forrest ITEMITOPIC Ordinance 27, Series of 2002: Acceptance of- new Katsos Ranch right-of way and vacating right-of-way consistent with the final plat for the Vail Mountain School Subdivision. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, Deny, or Table Ordinance 27, Series of 2002 on second reading. BACKGROUND RATIONALE: On August 12, 2002, the Planning and Environmental Commission unanimously approved the preliminary plat for the Vail Mountain School. On September 23rd the PEC approved the final plat subject to Town Council approval. The Town Council is being asked to approve of the movement of Katsos Ranch Road which involves accepting new right of way and vacating existing right-of- way. The land that would be vacated would be used as part of the development site for the school. STAFF RECOMMENDATION: Staff recommends approval of Ordinance #27, Series of 2002. F: mcaste r/agenda/tcmeeU2002/101502 - 7. ITEM/TOPIC: Ordinance #26, Series of 2002, second reading, sale of the. Old Town Shops. (10 min.) Matt Mire ACTION REQUESTED OF COUNCIL: Approve BACKGROUND RATIONALE: Section 4.8 of the Town Charter requires an Ordinance to authorize the sale of real property owned by the Town. STAFF RECOMMENDATION: Approve 8. Town Manager's Report. (5 min.) 9. Adjournment. (8:55 P.M.) . NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, NOVEMBER 5, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, NOVEMBER 5, 2002, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F: mcaster/agenda/tcmeet/2002/101502 RESOLUTION NO. 16 Series of 2002 A RESOLUTION ADOPTING A FIVE YEAR CAPITAL PROJECTS PLAN; AND PROVIDING OTHER DETAILS RELATING THERETO. WHEREAS, Section 9.4 of the Town of Vail Charter requires that.the Town Manager prepare a long range capital improvement plan for the Town Council's consideration; and WHEREAS, the Town of Vail has many capital needs; and WHEREAS, the redevelopment of Lionshead Village and improvements to Vail Village will require capital funding, which in turn will provide the economic opportunity to sustain public improvements to the Town of Vail's neighborhoods; and WHEREAS, the attached Exhibit "A" represents a 5-Year Capital Projects Plan and identifies the on-going capital maintenance and equipment replacement needs for the Town of Vail; and WHEREAS, the 5-Year Capital Projects Plan identifies the estimated amounts to be expended and the years in which the these projects are proposed to be built; and NOW, THERFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That the 5-Year Capital Projects Plan is hereby adopted by the Town of Vail and shall establish the capital priorities of the Town. INTRODUCED, READ, APPROVED AND ADOPTED this 15'h day of October, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Town of Vail, Colorado Resolution No. 16, Series of 2002 Page 1 of 1 Mary Caster -Resolution #16 From: Matt Mire To: Council, Town Date: 10/10/02 4:32 PM Subject: Resolution #16 CC: Best, Mary Ann; McLaurin, Bob; Silverthorn, Suzanne You should be aware that, although it is on the agenda, a copy of Resolution No. 16 was not included in your packets. That is primarily because the issue was raised, that if the council cannot agree on the language in the recitals (whereas clauses) and if there is not unanimous support for the resolution, it should not come before you. As such, Bob took a crack at what you may want in the recitals and we are getting it to you in this format so that we can receive your input on whether it says what you want it to say, and whether there is support for it generally. Please let me know your thoughts so that I can have a final document prepared for your consideration on Tuesday. Thanks, Matt J. Matthew Mire Town Attorney Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Ph. 970.479.2107 Fx. 970.479.2157 mmire(a~ci.vail.co.us CONFIDENTIALITY NOTICE This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e- mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e -mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. -; .. ORDINANCE NO. 28 Series of 2002 AN ORDINANCE AMENDING SECTION 12-86-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "SEASONAL USE OR STRUCTURE" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT; AMENDING SECTION 12-2-2 (DEFINITIONS), VAIL TOWN CODE, TO AMEND THE DEFINITIONS OF "SEASONAL USE OR STRUCTURE," "RECREATION STRUCTURE," AND "RECREATIONAL AMENITY," AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; 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: Ordinance No. 28, Series 2002 l Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in /additions are shown bold) follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access National forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Seasonal Use or Structure Ski lifts, tows and runs. Well water treatment facilities. Section 2. Section 12-2-2 of the Vail Town Code shall hereby be amended as (deletions are shown in ire/additions are shown bold) 12-2-2: DEFINITIONS: RECREATION STRUCTURE: Any covering erected over a recreational amenity; susf~ which is not a seasonal structure. For the purposes of this Title, a recreation structure shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. Ordinance No. 28, Series 2002 2 SEASONAL USE OR STRUCTURE: A temporary covering erected ' , to accommodate or extend educational, recreational, and cultural activities f^r +ho n~ ~rn,.~o „f ovn~nrlinn +hcir ~.co . Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure ar~d-is subject to design review. Section 3. 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 4. 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 5. 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. Ordinance No. 28, Series 2002 3 Section 6. 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 fhis 15th day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 28, Series 2002 ,4 ORDINANCE NO. 29 Series of 2002 AN ORDINANCE AMENDING SECTION 12-86-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "PUBLIC UTILITY AND PUBLIC SERVICE USES" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT, AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, The Town Council has determined that the prohibition of public utilities and public service uses within the Outdoor Recreation zone district within the Town of Vail poses a risk to the public health, safety, and welfare; 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: Ordinance No. 29, Series 2002 ~ follows: Section 1. Section 12-86-3 of the Vail Town Code shall hereby be amended as (deletions are shown in /additions are shown bold) 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access National forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses Ski lifts, tows and runs. Well water treatment facilities. Section 2. 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 3. 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. Ordinance No. 29, Series 2002 2 Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right.which has accrued, any 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 ariy provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 15`h day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 29, Series 2002 3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 29, Series 2002 4 ORDINANCE NO. 28 Series of 2002 AN ORDINANCE AMENDING SECTION 12-8B-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "SEASONAL USE OR STRUCTURE" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT; AMENDING SECTION 12-2-2 (DEFINITIONS), VAIL TOWN CODE, TO AMEND THE DEFINITIONS OF "SEASONAL USE OR STRUCTURE," "RECREATION STRUCTURE," AND "RECREATIONAL AMENITY," AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; 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: Ordinance No. 28, Series 2002 follows: Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended as (deletions are shown in /additions are shown bold) follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access National forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Seasonal Use or Structure Ski lifts, tows and runs. Well water treatment facilities. Section 2. Section 12-2-2 of the Vail Town Code shall hereby be amended as (deletions are shown in str+lgk~/additions are shown bold) 12-2-2: DEFINITIONS: RECREATION STRUCTURE: Any covering erected over a recreational amenity-s~+sfi which is not a seasonal structure. For the purposes of this Title, a recreation structure shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. Ordinance No. 28, Series 2002 2 SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educational, recreational, and cultural activities f.,r +ho n, ~r,,,,~o ~f ovr»nrJinn 4hcir ~,cc . Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure axis subject to design review. Section 3. 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 4. 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 5. 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. Ordinance No. 28, Series 2002 3 Section 6. 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 15th day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 2002. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor Ordinance No. 28, Series 2002 4 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: October 1, 2002 SUBJECT: A request to vacate a portion of the Katsos Ranch Road right of way in consideration for new right of way as identified in the Vail Mountain School Subdivision. Applicant: Vail Mountain School represented by Braun and Associates Planner: Russell Forrest 1. DESCRIPTION OF REQUEST The Vail Mountain School is requesting that the Vail Town Council approve of the realignment of Katsos Ranch Road which involves vacating a portion of the existing right of way on that road and accepting new right-of-way. As the land owner of this right of way the Town Council must approve of the Final Plat of the Vail Mountain School Subdivision. 2. RECOMMENDATION BY THE PLANNING AND ENVIRONMENTAL COMMISSION On August 12, 2002, the Planning and Environmental Commission approved the preliminary plat for the Vail Mountain School Subdivison and on September 23~d, 2002 the PEC approved the final plat subject to Town Council approval. Staff is recommending that the Town Council authorize the Mayor to execute the Vail Mountain School Final Plat. Attachments: A. Ordinance 27: Authorizes Mayor to execute Vail Mountain School Final Ptat B. Memo to PEC on Finat Plat Attachment A Ordinance 27 ORDINANCE NO 27 Series of 2002 AN ORDINANCE ACCEPTING TOWN OF VAIL RIGHT OF WAY AND VACATING RIGHT OF WAY IN THE VAIL MOUNTAIN SCHOOL SUBDIVISION IDENTIFIED IN ATTACHMENT A WHERAS, the Final Plat for the Vail Mountain School Subdivision is consistent with the development standards in section 14 of the Vail Town Code. WHEREAS, the Planning and Environmental Commission approved a preliminary plat and major subdivision for the Vail Mountain School consistent with the criteria in chapter 13-3-3 of the Vail Town Code on September 12th , 2002 WHERAS, the Vail Town Council approved of Resolutions 12 and 13, Series of 2002 and Ordinances 21,22, and 23 Series of 2002 that supported the redevelopment of the Vail Mountain School as proposed on August 12, 2002. WHERAS, the Planning and Environmental Commission approved the final plat subject to Vail Town Council approval consistent with the criteria in Chapter 13-3-6 of the Vail Town Code on September 23, 2002. WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to move the Katsos Ranch Road Right of Way consistent with the Vail Mountain School Final Plat. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. That the Mayor is authorized to execute the final plat as set out in Attachment A which will vacate a portion of the Katsos Ranch Road right of way in consideration for new right of way identified in the Final Plat of the Vail Mountain School Subdivision. Section 2. 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 3. 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 4. 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 5. 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 1st day of October, 2002 and a public hearing for second reading of this Ordinance set for the 15'h Day of October, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day' of October, 2002. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk ATTACHMENT A VAIL MOUNTAIN SCHOOL FINAL PLAT FINAL PLAT VAIL MOUNTAIN SCHOOL SUBDIVISION A RESUBDIVISION OF LOTS 11, 12, TRACT C, AND KATSOS RANCH ROAD VAIL VILLAGE TWELFTH FILING _.. TOWN OF VAIL ~~~ EAGLE COUNTY, COLORADO ,. ~.t ~~ m o ~~ ~,~u~E ,~~ o .~. -'yI~I~`~ tlt[ MtERSRTE i0 I .3...... -------------- tYg°; "EL« ~• ,~° M "' FINAL PLAT VAIL MOUNTAIN SCHOOL SUBDIVISION A RESUHDIVISION OF LOTS I1, 12, TRACT C, AND KATSOS RANCH ROAD VAIL VILLAGE TWELFTH FILING TOWN OF VAIL EAGLE COUNTY, COLORADO LOT I () /~ /gee.. - __ __ - - ~ _ _ - j ~\. LUT 9 o ti ~~~o ~~'_ «n ] ?' I'' ~I ~xe'Ja• w I° Its L +yc O~PO +1\' - ~~1~ eu \\ h " lOl G 4P :; \\.t 1~ --_ _ _ \~i ~ . ~ m Ixn q,.,, [ nrc. ..oleo p1e _ ~^s o u~r is~ lizcxe ~ ~ /°J+~ ~ i ~\~.. e LOT 5 _ ~ g ~ llT a .xrs w. I I \`b. ___`_____ I }Y II ~`S. 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L . - . ~' ~'=- X19 ~ o _~ o . ~ e .e~.e ~a~wewl .~: ;~"`" ----- ---~ "ray ~__ ~e.,)~:I .x. e, / ~_ _ - w e~,r .9,.)„ . { _ _~a -- -- ~ o a.ad1 ,,,,, em.xJS~,c+x9 9,>s~ / ,. .pro ,aK ul~~ ..,,o --_-_------- a' e u er1J OS IJU.JI ,-.~ ~+ r ~ : er„o . /:.+ew w -- ~ ro.r1'9' unLn. useuEM INTERSTATE "~ sv. ewe w HIGHWAY l9.er )~ Jex.ea' No. 70 R.O.W ._.... _._.._.._ NORTH FRONTAGE ROAD) _ -- - _ __ '=J 1 ~A1_l !. e=lax'o.• P-1{0).19' -Jt1.ta' x- ]x.t5 [tEN-J Z.'~ BRO-5 )'JD' E / / LOT 5 N -__ j. .~ t EsusENwol, ~I ) N Eol ~ ~ i ~s i= e;~ q-2e9'I S't0' -50.00' ~~ l-xla.e0' ~ / T-1].51' GLEN-90.01• / BFE=N la'tJ xo' E ~ N >PI9't0' w 51.51' / / LEI I I U c+• is / / ~/ ax 5~/i5we e N ]PI6't0' w ~ I 9,.s1' j n 9ESVOOIVISICn 09 / / LUI 7 o' / / LOl 9 LOT 8 p_i.JS9i~)e~ T-16).55' ~~ LOT 6 e c.u s>•+r1e' w Attachment B PEC Memo MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2002 SUBJECT: A request for approval of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, Katsos Ranch Road, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun and Associates Planner: Russ Forrest SUMMARY AND DESCRIPTION OF REQUEST The applicant is requesting approval of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road. The Final Plat would change Lots 11 and 12 to Lot 1 and Tract C would become Lot 2. The PEC approved the preliminary plat on August 12th , 2002. There have been no substantive changes of the final plat except for some changes in the signature section of the plat. Staff is recommending approval of this application subject to the findings and conditions outlined in section VII of this memorandum. II. BACKGROUND A. 2002 Master Plan The Vail Mountain School at the August 12th 2002, Planning and Environmental Commission meeting received final approval for: 1) A request for an amendment to the previously approved development plan and a new conditional use permit for a private educational institution and an active outdoor recreation area on 3010 Booth Falls Road/Lot 11, Block 2, Vail Village 12th Filing and 3160 N. Frontage Road East/ Lot 12, Block 2, Vail Village 12th Filing; 2) A request for a conditional use permit to allow for the construction of eight Type III EHUs located on Tract C, Block 1, Vail Village 12th Filing; 3) A request for a for a conditional use permit to continue to allow for the existing temporary modular classroom structures located at 3160 N. Frontage Road East/apart of Lot 12, Block 2, Vail Village 12th Filing; 4) A request for a major subdivision and preliminary plat approval for the Vail Mountain School Subdivision, a resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, Vail Village 12th Filing in accordance with Title 13, Chapter 3, Vail Town Code, and setting forth details in regards thereto. The Town Council will also need to accept the dedication of land and approve of the subdivision. On August 12, 2002, the applicant received approval for the following requests from the Vail Town Council: 1) Resolution 12, Series of 2002: A request to modify the official Town of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage Road/Lot 12, Block 2, and Tract C, Block 1, Vail Village 12th Filling; 2) Resolution 13, Series of 2002: A request to amend the official Town of Vail Land Use Map for Tract C, Block 1, Vail Village 12th Filing from Low Density Residential to Public/Semi-Public; The following ordinances were approved by the Vail Town Council on September 17, 2002:. 1) Ordinance 21, Series of 2002: A request to rezone Lot 12, Block 2, Vail Village 12th Filing to General Use, The northern portion of this lot is zoned Agriculture Open Space; 2) Ordinance 22, Series of 2002: A request to rezone 3010 Booth Falls Road/Lot 11, Block 2, Vail Village 12th Filing from Two-Family Residential to General Use; 3) Ordinance 23, Series of 2002: A request to rezone Tract C, Block 1, Vail Village 12"' Filing from Two-Family Residential to General Use; B. History of the Property The following is a brief synopsis of Vail Mountain School development over the last 20 years: 1972 -Vail Village 12th Filing was annexed into the Town of Vail and platted. This subdivision plat shows Lot 12 at 8.66 acres in size. 1972-At the time of annexation Agriculture Open Space zoning was applied to Lot 12. The total area of the parcel was 8.66 acres. The minimum lot size of the Agriculture Open Space zone district is 35 acres. 1979 -Vail Resorts conveyed the Tennis Court site to the Booth Falls Homeowners through a quick claim deed. 1979-the first two story building was constructed on the site. 1980-Vail Resorts conveyed the land the school is on today to the Vail Mountain School. 1979 -Original 2-story building constructed 1984 -North classrooms and rockfall berm constructed (berm is no longer necessary) 1989 -Gymnasium and stage addition constructed 1992 -Additional story added to existing building 1995 -Library expansion 1999 -Temporary classroom structure constructed III. ROLES OF REVIEWING BOARDS A. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a major subdivision. Specifically the the code states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. (1997 Code: Ord. 2(1983) § 1 B. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. C. Town Council: The Town Council is the final decision making authority for a rezoning or a text amendment. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is also responsible for accepting land for public right of way in a Major Subdivision. IV. APPLICABLE PLANNING DOCUMENTS A. Title 13: Subdivision Regulations Title 13, Subdivision Regulations, of the Vail Town Code establishes the review process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter 13-3 (Major Subdivision) of the Town Code, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staff has met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review process. The Town of Vail is required to notify the following agencies that a major subdivision is proposed and that preliminary plans are available for review: a. Department of Public Works. b. Town Fire Department. c. Town Police Department. d. Public Service Company of Colorado. e. Holy Cross Electric Association. f. U.S. West g. Cablevision company serving the area. h. National Forest Service. i. Eagle River Water and Sanitation District. j. Vail Recreation District. k. Eagle County Ambulance District. I. Other interested agencies when applicable. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Section 12-3-6 of the Vail Town Code. The burden of proof that the application is in compliance with the intent and purposes of the Zoning Code and other pertinent regulations shall lie upon the applicant. In reviewing the plan, the Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to: 1. Subdivision Control; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. Environmentallntegrity; 6. Compatibility with surrounding land uses; and 7. Effects upon the aesthetics of the Town and surrounding land uses. The Planning and Environmental Commission shall have twenty-one days from the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major subdivision request. Within ten days of making a decision on the request, the staff shall forward the Planning and Environmental Commission's decision to the Vail Town Council. The Council may appeal the Planning and Environmental Commission's action. The appeal must be placed within seventeen days of Planning and Environmental Commission's action. If the Council appeals the Planning and Environmental Commission's action, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission public hearing. The Council shall have thirty days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision. The appeal hearing shall be held during a regularly scheduled council meeting. The final step in the review process of a major subdivision request, after Planning and Environmental Commission preliminary plan review, is the review of the final plat. At any time within one year after the Planning and Environmental Commission has taken action on the preliminary plan, a final plat shall be submitted to the Town of Vail Community Development Department. The staff shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled Planning and Environmental Commission public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as contained in Section 13-3-4 of the Subdivision Regulations. The Town of Vail has the ability to require certain improvements when approving a major subdivision. The following improvements shall be required by the applicant unless otherwise waived by the zoning administrator, Planning and Environmental Commission, or Council: 1. Paved streets and parking lots; 2. Bicycle and pedestrian path linked with the town system and within the subdivision itself; 3. Traffic control signs, signals or devices; 4. Street lights; 5, Landscaping; 6. Water lines and fire hydrants; 7. Sanitary sewer lines; 8. Storm drainage improvements and storm sewers; 9. Bridges and culverts; 10. Electric lines; 11. Telephone lines; 12. Natural gas lines; 13. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. B. Land Use Plan The Vail Land Use Plan identifies the land use designation of lots 11and 12, Block 2, Vail Village 12th Filing as Public/Semi Public. Tract C, Block 1, Vail Village 12 Filing land use designation was changed to Public/Semi Public and the zoning was changed to General Use as part of this development application. The affordable housing on Tract C is an integral part of the school on Lot 12. The definition for Public Semi-Public is: Public/Semi-Public (PSP): The Public and semi-public category includes schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents. The Vail Land Use Plan also identifies several applicable goals on pages 6-8 of the plan.: 1.7 New subdivision should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. V. SUROUNDING LAND USES AND ZONING The surrounding land uses and zoning are as follows: North of Site Single family and duplex homes zoned Two Family Residential East of Site: Single family and duplex homes zoned Two Family Residential West of Site: Single family and duplex homes zoned Two Family Residential South of Site Frontage Rd. and I-70 Right of Way, Katsos Ranch Open space is on the south side of I-70. VI. SITE ANALYSIS Vail Mountain School is located in the General Use Zone District. Pursuant to the Town of Vail Zoning Regulations, the purpose of the General Use Zone District is to: Provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types ofquasi-public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10). Sections 12-9C-2 and 12-9C-3 of the Vail Town Code outline the permitted and conditional uses allowed in the General Use Zone District. Public and private schools and educational institutions are a conditional use in the General Use Zone District subject to the issuance of a conditional use permit. The Agriculture Open Space zone District is outlined in 12-8A of the Town Code and the Two Family Residential District is in section 12-6C. Zoning Analysis Lot 12 and Lot 11 Zoning: General Use *All development standards in the GU zone district are prescribed by the Planning and Environmental Commission Lot Size: 7.98 acres (Lot 12 S) or 347,826 sq. ft. Lot12S&Lot11 Existing 2000 2002 Proposed Density: n/a n/a n/a Setbacks: Cabin Side/Booth Ck Rd n/a n/a 25' Side/East n/a n/a 162' Front/north n/a n/a 135' School Side/Katsos: 90' 24' 20' Frontage Rd: 76' 76' 25" Side: Booth Creek 358' 358' 370' Rear: 23' 20' 20' Height: 27' 36' 41' Parking: 85 116 100 Site Coverage: 22,027 sf (8.26%) 14.1% 16%/55,804 sq. ft. Landscape 71 %/246296 sq ft Cover Snow Storage 31 % for main parking No defined storage for other parking Floor Area: 20,488 sf 55,390 87,383 Students 261 330 320 Faculty 43 48 48 Tract C Zoning: General Use Lot Size: 1.194 acres or 52,010 square feet Existing (allowed TFR) 2002 Proposed Density: 2/site Not counted towards density (potential for 3 lots) 6.7 units/acre (Total = 8 EHUs) Setbacks: Side: East 15' 138' Side: West 15' 30' Rear: North 20' 25' Front: South 20' 65' Height: 33' 33' Parking: 2.5/unit 16 Site Coverage: 20% 9% /4,859 sq ft. Landscape 76%/39,692 . Area Floor Area: 7385/1 lot 8,478 (EHUs excluded from GRFA) 11,250/ 3 lots of 15,000 total sq ft. 8 Summary of Entire Project Total Area: 9.18 Acres or 399,837 sq ft. Existing 2000 Approval Proposed Plan Density: n/a 8 EHU's = 4 d.u.'s 8 EHU's = 4 d.u.'s Setbacks: Main School Building Setbacks: Cabin Side/Booth Ck Rd n/a n/a 25' Side/East n/a n/a 162' Front/north n/a n/a 135' School Side/Katsos: 90' 24' 20' Frontage Rd: 76' 76' 25" Side: Booth Creek 358' 358' 370' Rear: 23' 20' 20' Faculty Housing Side: East 138' Side: West 30' Rear: North 25' Front: South 65' Height: 27' 36' 36' - 42' Parking: 85 spaces 116 spaces 116 + 20 for events Site Coverage: 22,027 sf (8.26%) 37,469 sf (14.1%) 60,663 sf (15%)* GRFA: n/a 4,800 square feet n/a Total school 31,990 sf 55,390 sf 95,861 sf Floor Area: 9 VII. A. APPLICATION CRITERIA AND FINDINGS Criteria for Review Section 13-3 of the Town of Vail Code provides the criteria by which a proposed major subdivision is to be reviewed. Section 13-3-4: Commission Review of Application; Criteria states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental. Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. 1) Subdivision Control There are two lots being platted as part of this major subdivision request: Lot Zoning Lot Size Frontage Lot General 347,826 sq ft. 950 ft on 12/Lot 1 Use the Frontage Rd./680 ft on Booth Creek Rd. Tract General 52,010 sq ft 360 ft on C/Lot 2 Use Frontage Rd 2) Densities Proposed Density does not apply to EHUs or a school. However, the permitted and conditional uses include: The following uses shall be permitted in the GU district: • Passive outdoor recreation areas, and open space. • Pedestrian and bike paths. (Ord. 21(1994) § 10) ~o The following uses are conditional uses: o district, subject to issuance of a conditional use permit in accordance with o the provisions of chapter 16 of this title: o Child daycare center. o Churches. o Equestrian trails. o Golf courses. o Helipad for emergency and/or community use. o Hospitals, medical and dental facilities, clinics, rehabilitation centers, o clinical pharmacies, and ambulance facilities. o Major arcade. o Plant and tree nurseries, and associated structures, excluding the sale of o trees or other nursery products, grown, produced or made on the premises. o Public and private parks and active outdoor recreation areas, facilities and uses. o Public and private schools and educational institutions. o Public and quasi-public indoor community facility. o Public buildings and grounds. o Public parking facilities and structures. o Public theaters, meeting rooms and convention facilities. o Public tourist/guest service related facilities. o Public transportation terminals. o Public utilities installations including transmission lines and appurtenant equipment. o Seasonal structures or uses to accommodate educational, recreational or cultural activities. o Ski lifts, tows and runs. o Type III employee housing units (EHU) as provided in chapter 13 of this title. o Water and sewage treatment plants. 0 Proximity To Parking Required: The following conditional uses shall be o permitted in accordance with the issuance of a conditional use permit, o provided such use is accessory to a parking structure: o Offices. o Restaurants. o Ski and bike storage facilities. o Sundries shops. o Tourist/guest service related facilities. o Transit/shuttle services. (Ord. 17(2001) § 2: Ord. 6(2000) § 2: Ord.21(1994) § 10) 3) Regulations Lots 11, 12, and Tract C are zoned General Use. The General Use District requires an approved development plan in conjunction with development on the site. The rezoning is contingent on the Planning and Environmental Commission's approval of the development plan. 4) Ordinances, resolutions and other applicable documents In reviewing this proposal, staff relied upon the Town Code and the Vail Land Use Plan. The issues relating to the Town Code have been addressed previously. 5) Environmental Integrity The Vail Mountain School does have a high severity rock fall hazard and a medium severity debris flow on the northwest corner of the site. The rockfall hazard has been mitigated by the existing rockfall berm. A qualified geologist has concluded that the berm does mitigate the rockfall hazard on all areas of Tract C and Lot 12. The geologist, Dr. Collins, also recommends the construction of a debris flow berm on the northwest corner of the site. A condition of approval is to have this berm constructed in the northwest corner of the site prior to occupancy of the cabin. 6) Compatibility with other adjacent Land Uses Compatibility with adjacent land uses is described above. The Vail Mountain School has been located on the site since 1979 and has operated harmoniously with the neighborhood. The eight EHUs are consistent in bulk and mass with other adjacent residential uses. In fact their total floor area is less than would be allowed. under the current Two Family Residential zoning. 7) Effects Upon the Aesthetics of the Town and Surrounding Land Uses The Vail Mountain School and the eight EHUs will need to comply with all applicable Design Review Board guidelines. There are existing trees that would be removed as the result of the project. Approximately 330 aspens and 40 evergreens. However, the landscape plan helps mitigate that impact. The applicant is proposing to add 445 deciduous trees and 250 evergreen trees to the site as part of the landscaping plan. B. Findings. The following findings are used for a Major Subdivision: That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other. pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. VIII. STAFF RECOMMENDATION The Community Development did not receive any additional comments from the various reviewing authorities which were notified of this application as per Title 13 of the Town Code. The Community Development Department recommends that the Planning and Environmental Commission approve the final plat for Vail Mountain School Subdivision, a resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, 12 Vail Village 12th Filing based upon the criteria evaluated in mentioned above in this memorandum. The recommendation of approval includes the findings mentioned above. In addition to the findings above, staff recommends the following condition: The Vail Town Council will need to approve of the changes in Right-of-way ownership within 60 days of the approval of the final plat. Additional drainage easements required by the. Town of Vail Public Works Department be granted by the applicant and recorded with the Eagle County Clerk and Recorder prior to the issuance of a temporary certificate of occupancy for the first phase of construction of the school 13 FINAL PLAT VAIL MOUNTAIN SCHOOL SUBDIVISION A RESUBDIVISION OF LOTS 11, 12, TRACT C, AND KATSOS RANCH ROAD VAIL VILLAGE TWELFTH FILING _.. TOWN OF VAIL ' `" EAGLE COUNTY, COLORADO .m _ o ._. w1Fx5i~i[ is LIiL ...~. ~.~~.:'Yi.,, .... ,,., w,o.,,.~ (u~x~m. [i~~ .v 4crtie. •on~~i • )~ ~~r~ rywr. o- ~e~~ ~~• r ~{~ii~ ....___--._.--.-......... viii. Leir.s~~8~~a~ v~~~. ~~.~~ rv~ M1 •~~ n~;~ n~~r~ x~tjtiu `~ tr..i ~. i~.n on .'r1-untx`r a _'. _._. ~~ ~i ~~ . pmirg _.u .~~uw.~.i FINAL PLAT VAIL MOUNTAIN SCHOOL SUBDIVISION A RESUBDIVISION OF LOTS 11, 12, TRACT C, AND KATSOS RANCH ROAD VAIL VILLAGE TWELFTH FILING TOWN OF VAIL EAGLE COUNTY, COLORADO 0' 130' ~ ~+ [i I ~[~ ~_~ i 3~ ~°. L ~O~ ) L01 10 _. _ - _ -ni..rt. .nc x1n 1u2[v1 c+oao L:-. 43~! _ -- ~ i ~ ~ e . i~ x ),'] LOT 5 .. `~ u6riv so,. ~\` Lin 7 1Y . ')e']S' v 1 ~N.13' 15, 11. .w [ aw ~:. LOI G r,P 3 1r __ _ \33~ [[~~ z4 _ I ~ \ n iw w.. [ n.. wow n6 w u lui i~AS' LOI 5 u. 1z ..ur. jYl i sw1 ! ~ __`______ / LOT i IRI S) ! --- _I F 1 _ .r r w i : -- - --- _-_ -_ / \, _ ....\ .\ ~, ~ ---__ % \ . aE:wumsron u~ lOf ) /. % / L01 II / "n":, ~\ / A-Tesu'.o• e-w.w' '~ i. }.9.e0' ~ / -]).31' CL[H-60.01' a /31.31' / / LUI lu /c,. / / .~ 'v cE sl.si' / / LUT 7 ~ / / LUT q l0T c 13'' ~D3• ~ ~ 1-16).55' LGT e e 6S1) ~_~ al~l• . )mil _e~- •! Ij 8~ 51,; LOT 1 ~•~b,. ~ ~• _ ~~i Haas 'L'ro~Y~~<~x~ 2~~ ) I 1 uux511 H.r1S •~ ~~~~[ l knl'1 A _1~3aw• i f)3'19~ - )..3' 0 C- 3631) 3 ]e' C ~ ~N e6'1e']6' W 106.6Y LUi 5 N SPIe']6' v ~ ~ ]0' KATSOS RANCH ROAD cIO ~ (40' ROW) ! ! .n6 ..»n w ..... ,. ~ .~... Y I ! n.ws [ w iz~v ..u. 's> LOT 2 ) I~.u,l ~I .tt[s uuw.n 1 / w, ~! [ 1.19. KRES [ of ,rte I I ~ ~ \\y ` ~~ I 1 [ [ n~ .~ I <\ \ I .-'' ',.>+/1 _ 1 ul r/7/1~{wJ _________________ 3 _I~)_ / ` __ ~~ /Y .~a - ~ ~ ~~..>a~ m m.w w _~ _______u _____ _ _ -. n, u' m )v r.ct w ~ .Z _"" ..'o-1m n .e _ _ _ _ so..[r ______________ -``v, +ow~Aw ., ~1 ....... .._... INTERSTATE .HIGHWAY _~_~_~ - ' Na. 70 ~u.. ~R.O.W (NORTH FRONTAGE ROAD) I L111 I llil / ' ' I u+oiwn I lUT so _.----___ __L MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Ordinance #26, Sale of the Old Town Shops DATE: October 15, 2002 At the last meeting the council tabled the second reading of this ordinance until October 15th. Because we have not yet finalized the agreement, we are requesting this item be tabled again. It is my expectation that this ordinance will be ready for second reading on November Stn MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: October 15, 2002 UPCOMING ITEMS: Work Session, November 5, 2002 Discussion of Ord. #25, major amendment to SDD #4 (Cascade Village). Evening Meeting, November 5, 2002 Ord. #25, 1St reading, major amendment to SDD #4 (Cascade Village). Ord. #28 & 29, 2"d reading, regarding the Bubble. Ord. #30, 1St reading, approving the 2003 Budget. Election Results s .t. From: Suzanne Silverthorn To: Department Heads; towncouncil cLDci.vail.co.us Date: 10/10/02 1:14PM Subject: Fwd: Page 1 proof Here is a proof of page 1 (election coverage) of the community newsletter, which will be distributed on Oct. 18. As proofs of the other pages are completed, we will forward them for your review. If you'd like to recommend changes or modifications, please let us know. We'll place a copy of the page 1 proof in this week's Council packet in case you're unable to open the attached file. Suzanne Silverthom Town of Vail Community Information Officer (970) 479-2115 ssilver~vail.net ,~. ..~~ .r ........................ ~.......... .~ Z : : ~° ,. ~:zic~~~.~:. ~y;~3~;~ Ah4 :A ~:::. As Vcil turns Nail 40, Ir10r6 c..~... ,:.., than half '~~ of its comrr>,erclol tors ores readies for o facelift : . Details Page 2 & 3 3 t ~.~ _ ~ Z $ ~ ; 2 ~~~ \ i ~jj ~2 l V 2 DRAFT ail's electorate will decide the outcome of two municipal taxing yuestions on Nov. 5. One is a 4 mill property tax for public safety and capital projects. The other combines a 1.5 percent lodging tax and ahalf-cent sales tax for construction of a conference center in Vail. In addition. the ballot contains a proposed countywide open space tax; candidates for 18 local, state and national races; plus 17 additional ballot yuestions. As a result, election officials are urging voters to familiarize themselves with the issues and candi- dates prior to Election Day. Early voting begins Oct. 21. Pros and cons of each of the ballot issues are being mailed to registered voters by the Eagle County Clerk's Office. Here's a recap of the Vail issues: Four Mill Property Tax Increase Ballot Question No. 2C n estimated $750 million in private redevelopment is anticipated in Lionshead and Vail Village in the next four years. To enable the town to keep pace, staff and Council have developed a five year planning document, representing an investment philosophy that addresses ubl'c safe[ • ~ th No 1 r' r't f II w d b c m'c develo - plus equipment and building upgrades to improve fire protection and emergency response times throughout the community, $350,000 annually; and new equipment to improve emergency services communica- tions, $500,000. The hiring of four additional firefighters also has been pledged at $300,000 annually. Future projects would be prioritized based on their ability to improve public safety or to produce economic results for the town, as outlined by the town's five year capital plan. Currently, revenue from Vail's property tax represents $2.6 million, or 8 percent of the town's overall revenues of $32.5 million. The 4 mill property tax increase would increase that contribution to 1S percent of the town's budget. Supporters say the measure helps the town diversify its revenues to ensure that adequate funds are available for a growing list of capital maintenance responsibilities. Critics, however, say the town could do a better job managing existing revenues through more belt-tightening and better prioritization. p i y as e p io i y o o e y e ono i p men[, including infrastructure improvements in Vail Village and Lionshead. Given these identified needs which have been com- pounded by flat sales tax receipts, plus increasing demands on the town's existing operating and capital budgets, voters are being asked to consider a 4 mill municipal property tax increase to help stabilize and diversify the town's revenue streams. The cost would be approximately $40 per year per $100,000 of home value. If approved, the owner of a $300,000 residence, for example. would pay approximately $110 more per year in property tax. Townwide, the increase would generate an estimated $2.3 mil- lion annually and would be used to address public safety needs and to maintain and improve Vail's infrastructure. Targeted projects identified by the Town Council for 2003 include- commercial core road and pedestrian improvements, $1.1 million; Conference Center Funding Ballot Question No. 2D ~undittg construction of a $46 million conference facility is the second yuestion appearing on Vail's ballot. Voters will consider a I.5 percent increase in Vail's.lodging tax and ahalf-cent increase in the town's sales tax, excluding groceries, to pay for the building. The taxes will sunset when the bonds are retired. [f approved, the facility, containing SU,000 square feet of meeting space, would be ~ f z;~ r 4 «"" s ~ Z~ Primar ~xistilrlr 1i~~r~~~ ; ~ ~ constructed on land known as the Holy Cross maintenance site on y ~ "'T`'~'°`""rs~;~:;~.`~~,;~.aa=~~af:. A :`~ the western edge of Lionshead. The proposal was developed by _ t::.. members of a lodging advisory committee following an offer of ~ ' donated land for the facility by Vail Resorts. Marriott 32,200 sq. ft. $ ~tlil'sq. ft. 345 ': As proposed, the facility would contain 40,000 square feet of Vail Cascade 42,700 sq. k. 5,900 sq, k. 291 contiguous meeting space to accommodate conferences of up to Lodge at Vail S,f;00 sq. k. a,4t10 sq: ft. ! lb9 ': 2,000 delegates, surpassing Vail's largest contiguous meeting Manor Yail 7,600 sq. k. ,3,500 sq. ft. 47 space of 8,300 square feet for up to 800 delegates. The Sarxren~ip 4,3fl0 sq. ft, 4>30fl zq. k. ! 9fl Supporter say a conference center would boost Vail's economy by gen- ohs [urges[ eottllguaus rniiitir>g ~pacc gif~rtid in Vail is eurrentl~r erasing up to 70.000 additional room nights each year while contributing 8.300: sq. ft., u+ith a@l~r venues offering t~~hv~rr 3,SOtt aa:J ra,90fl more than $34 million annually to the community through lodging rev- sq. ft•';The prnpaspd ron#erenre rartet w~ulti :7f#er 40.Ot34'srq. r, of tx~ntiguvub ~n~~~inf, spacs~. Ynil'sh~~tJ 5ase'irrvir~tbry ~urty?rtEly in~iuuts enues, restaurant and retail spending, and activity expenditures. 2,04 beds ~•ith adiviring meet~r+g spa~~ and 8,$~a beds wi#h r~ si~- Opponents say that rather than risk building new conference nifirant adjoini~, muting slaace, as:cnrding t~ the Yaii Yatley Chamt»~ s ace. Vail should do more to attract conferences it can alread & Business Association. P Y s~L~.. >i ~, ,s~„~.~:, lU~~: accommodate. ^ Fall 2002 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 15, 2002 SUBJECT: A request for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto. Applicant: Public Service Company of Colorado Planner: Bill Gibson I. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant, Public Service Company of Colorado, is requesting a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district. These proposed text amendments and a related conditional use permit request are intended to facilitate the construction of a natural gas regulator station at the Vail Golf Course. Please refer to the attached staff memorandum to the Planning and Environmental Commission dated October 14, 2002, for a more detailed description of this request and additional related information. At its October 14, 2002 public hearing, the Planning and Environmental Commission voted 6-0 to forward a recommendation of approval to the Town Council of the requested text amendment. The Commission's recommendation was based upon the review of the criteria noted in Section VIII of the October 14, 2002, staff memorandum and the evidence and testimony presented, with the findings noted in Section IX of the October 14, 2002, staff memorandum. Also at its October 14, 2002 public hearing, the Planning and Environmental Commission voted 6-0 to approve a related conditional use permit allowing for a "public utility and public service uses," in the Outdoor Recreation zone district, at the Vail Golf Course subject to the following conditions: 1. This approval shall be contingent upon the Town Council's adoption, by ordinance, of the associated proposed text amendment to Section 12-8B-3, Vail Town Code. 1 2. The proposed natural gas regulator station shall be relocated west of its proposed location to the west side of the existing gravel Golf Course access drive along the Frontage Road. The applicant shall revise the proposed easement and survey documents, to the satisfaction of the Town of Vail Public Works Department, to address this relocation, prior to the issuance of a Town of Vail public way permit. II. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve Ordinance No. 29, Series of 2002, on first reading to amend Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto. Staffs recommendation is based upon the review of the criteria noted in Section VIII of the October 14, 2002, staff memorandum and the evidence and testimony presented. III. ATTACHMENTS Attachment A: Ordinance No. 29, Series 2002 Attachment B: Staff memorandum to PEC dated October, 14, 2002 2 Attachment: A ORDINANCE NO. 29 Series of 2002 AN ORDINANCE AMENDING SECTION 12-8B-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "PUBLIC UTILITY AND PUBLIC SERVICE USES" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT, AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, The Town Council has determined that the prohibition of public utilities and public service uses within the Outdoor Recreation zone district within the Town of Vail poses a risk to the public health, safety, and welfare; 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: Ordinance No. 29, Series 2002 ~ Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended with the addition of the following as a permitted conditional use in the Outdoor Recreation zone district: Public utility and public service uses Section 2. 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 3. 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 4. 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. Ordinance No. 29, Series.2002 2 Section 5. 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 15th day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 2002. ATTEST: Ludwig Kurz, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 29, Series 2002 3 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 15, 2002 SUBJECT: A request for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district, and text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto. Applicant: Vail Junior Hockey and Vail Recreation District Planner: Bill Gibson BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant, Vail Junior Hockey Association and Vail Recreation District, is requesting a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district, and text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto. These proposed text amendments and a related conditional use permit request are intended to facilitate the construction of a seasonal ice rink at the Vail Golf Course driving range site, 1778 Vail Valley Drive. Please refer to the attached staff memorandum to the Planning and Environmental Commission dated October 14, 2002, for a more detailed description of this request and additional related information. At its October 14, 2002 public hearing, the Planning and Environmental Commission voted 6-0 to forward a recommendation of approval to the Town Council of the requested text amendments. The Commission's recommendation was based upon the review of the criteria noted in Section VIII of the October 14, 2002, staff memorandum and the evidence and testirrlony presented, with the findings noted in Section IX of the October 14, 2002, staff memorandum. Representatives of the Vail Golf Course Townhomes Phases II, III, and IV proposed revisions to the requested text amendments. The Planning and Environmental Commission reviewed the proposed revisions and related testimony; however, the Commission voted to forward a recommendation of approval to the Town Council of the requested text amendments as outlined in the October 14, 2002, staff memorandum. A copy of the proposed revisions has been attached for reference. 1 Also at its October 14, 2002 public hearing, the Planning and Environmental Commission voted 6-0 to approve a related conditional use permit allowing for a "seasonal use or structure," in the Outdoor Recreation zone district, located at 1778 Vail Valley Drive subject to the following conditions: 1. This approval shall be contingent upon the Town Council's adoption, by ordinance, of the associated proposed text amendments to Section 12-8B-3, Vail Town Code, and Section 12-2-2, Vail Town Code. 2. Occupancy Inspection approval by the Town of Vail Building Division and Town of Vail Fire Department shall be required annually prior to occupancy and use of the seasonal ice rink. The applicant shall be responsible coordinating said inspections and shall be responsible for demonstrating compliance with all applicable building and fire codes. 3. All mechanical equipment associated with the seasonal ice rink that is not located within the seasonal ice rink structure shall be located on the north side of the rink and shall be fully screened. 4. If negative traffic or parking issues arise, this approval shall be called up for additional review by the Planning and Environmental Commission at their next available regularly scheduled public hearing. 5. The noise output of the seasonal ice rink and its associated equipment will be the lesser of the 55db (day) / 50db (night) output as allowed by Section 5-1-7, Vail Town Code, or the existing noise output of I-70 traffic. 6. The parking lot shall be maintained free of accumulation of snow or other materials preventing use in accordance with the .provisions of Section 12-10-5, Vail Town Code. Adequate snow storage areas shall be provided in accordance with the provisions of Section 14-5, Vail Town Code. The applicant shall submit a site plan identifying the location of the required snow storage areas to the Department of Community Development for review and approval prior to Occupancy Inspection. Additionally, a minimum of 75% of the parking lot area shall be maintained free of snow accumulation and snow storage on all weekends. 7. Business activities shall not be conducted within the Vail Golf Course parking lot. 8. This conditional use permit shall be valid from October 15tH to April 1Sc annually. No construction and/or installation of the seasonal ice rink, including any related equipment (including the zamboni) or structure, shall commence on the site earlier than October 15tH annually and the seasonal ice rink, including all related equipment (including the zamboni) and structures, shall be removed from the site by no later than April 1St annually. The storage of materials or equipment (including the zamboni) related to the seasonal ice rink shall not be permitted on the site later than April 1St and earlier than October 15tH 2 o' annually. This conditional use permit approval is for a limited time period and shall expire on April 1, 2005. ' 9. The hours of operation of the seasonal ice rink shall be no earlier than 6:00 a.m. and no later than 11:00 p.m. daily from October 15th to April 1St annually. 10. The Vail Recreation District shall schedule use of the seasonal ice rink for the general public. A Memorandum of Understanding shall be executed, to the Town's satisfaction, between the Town and the applicant addressing the scheduling of use'of the seasonal ice rink. 11. The use of the seasonal ice rink shall be limited to ice-related athletic activities and similar activities customary to the operation of an ice rink. 12. The applicant shall submit a revised site plan or improvement location certificate, as deemed appropriate by staff, prior to the Town Council's second reading of Ordinance No. 28, Series 2002, to more precisely describe the location of the seasonal ice rink. 13. Any proposal for a permanent zamboni storage structure on this site shall be subject to Town of Vail design review and approval. II. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve Ordinance No. 28, Series of 2002, on first reading to amend Section 12-86-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district, and to amend to Section 12-2-2 (Definitions), -Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto. Staff's recommendation is based upon the review of the criteria noted in Section VIII of the October 14, 2002, staff memorandum and the evidence and testimony presented. III. ATTACHMENTS Attachment A: Ordinance No. 28, Series 2002 Attachment B: Proposed revisions Attachment C: Staff memorandum to PEC dated October, 14, 2002 3 Attachment: A ORDINANCE NO. 28 Series of 2002 AN ORDINANCE AMENDING SECTION 12-8B-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "SEASONAL USE OR STRUCTURE" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT; AMENDING SECTION 12-2-2 (DEFINITIONS), VAIL TOWN CODE, TO AMEND THE DEFINITIONS OF "SEASONAL USE OR STRUCTURE," "RECREATION STRUCTURE," AND "RECREATIONAL AMENITY," AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; 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: Ordinance No. 28, Series 2002 ~ Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended with the addition of the following as a permitted conditional use in the Outdoor Recreation zone district: Seasonal Use or Structure Section 2. Section 12-2-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in additions are shown bold) 12-2-2: DEFINITIONS: RECREATION STRUCTURE: Any covering erected over a recreational amenity~sl~ which is not a seasonal structure. For the purposes of this Title, a recreation structure shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges; playgrounds, and other similar amenities. SEASONAL USE OR STRUCTURE: A temporary covering erected ' , to accommodate or extend educational, recreational, and cultural activities f„r +ho ,,, ,r.,,,~o ~f ovn~nrlinn choir ~ ico ..,+., +ho .-.,i.~ ~eio~4hor .,,~.,+h~. Such temporary ~~~~^^~~ ^^~~~r~ coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure a~d-is subject to design review. Section 3. 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. Ordinance No. 28, Series 2002 2 Section 4. 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 5. 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 6. 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. Ordinance No. 28, Series 2002 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 2002. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor Ordinance No. 28, Series 2002 4 Attachment: B ' ~--- ~r~~g SEASONAL USE R STRUCTURE: A temporary covering erected to accommodate educational, recreational, and Itural activities ~~ +ho ^. ~^„~o ^f ov^^^,~;^~ +tio;~ „moo ;^+^ +~, ~., •~~ ~ v d~~ g r r r ~, ,.,oa±F;or mvn+hc uch temporary coverings may not be in place f~ «S t"'e~!'~~~~~ more than seven (7) c nsecutive months of any twelve (12 month period.-F~e~#}~re ~,.~ seasonal use or structure sha mat co stitute site coverage and ~.~.~,~~ra, sha ~ subject to building bulk control standards. ny seasonal use or structure 's subject to design review.~nd 51n211 b2 ~e~~i-r`-~~e~, oK1Y d.Uri~c~ s23sdh'~l -~8~io~ c~r'b~r~}-~~ ~~~ -~ ~~tce¢d ~'wo years ~Oh~a f "'ki c.k -f1.~.e ~t-~ a~fhq~~Yy' Section 3. 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 4. 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 5. 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. Ordinance No. 28, Series 2002 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 14, 2002 SUBJECT: A request for a recommendation to the Vail Town Council, to allow for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto; and a request for a conditional use permit, to allow fora "seasonal use or structure," in the Outdoor Recreation zone district, located at 1778 Vail Valley Drive/an unplatted tract of land within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3~d Filing within the Vail Golf Course. A complete metes and bounds description is available at the Department of Community Development. Applicant: Vail Junior Hockey and Vail Recreation District Planner: Bill Gibson I. SUMMARY The applicant, Vail Junior Hockey Association and Vail Recreation District, is requesting a recommendation to the Vail Town Council, to allow for a text amendment to Section 12-86- 3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto; and approval of a request for a conditional use permit, to allow fora "seasonal use or structure," in the Outdoor Recreation zone district, located at 1778 Vail Valley Drive. Based upon staffs review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit and forward a recommendation of approval to the Town Council of the requested text amendments, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Junior Hockey Association and Vail Recreation District, is requesting to amend the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7, Vail Town Code. The proposed amendments include a text amendment to Section 12-86-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district and text amendments 1 .y . to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity" as follows: (deletions are shown in ~+r~Uo +"r^~ ~^"additions are shown bold) RECREATION STRUCTURE: Any covering erected over a recreational amenity,- , which is not a seasonal structure. For the purposes of this Title, a recreation structure shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure--shall is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. SEASONAL USE OR STRUCTURE: A temporary covering erected n%~ to accommodate or extend educational, recreational, and cultural activities fer-t#e~urpese-e€ . Such temporary seasenaf sevens coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure-s#al~l 's subject to design review. The applicant is also requesting approval for a conditional use permit, to allow for a "seasonal use or structure," in the Outdoor Recreation zone district, located at 1778 Vail Valley Drive. These proposed text amendments and the conditional use permit request are intended to facilitate the construction of a seasonal ice rink at the Vail Golf Course driving range site. The proposed seasonal ice rink is an air supported clear span dome constructed of a white colored coated poly vinyl fabric. The dimensions of the structure will be approximately 225 feet in length, 120 feet wide, and 36 feet in height. The seasonal ice rink will accommodate an ice hockey skating surface, dasher boards, bleacher seating for approximately 30 people, and skate changing/dressing areas. Restrooms and additional dressing areas are accommodated within the Golf Course Clubhouse. Mechanical equipment including a portable blower and chiller system will be located on the north side of the ice rink. A copy of the Seasonal Ice Rink Proposal, prepared by PJA Land Planning, an Outdoor Recreation zone district map, and a draft version of Ordinance No. 28, Series 2002, have been attached for reference (see Attachments C - E). 2 III. BACKGROUND In October of 1991, the Town Council adopted the "Development Code Revision Report, Phase I." In May of 1993, the Planning and Environmental Commission began its review of proposed text amendments prompted by this report to amend the Greenbelt and Natural Open Space zone district and the Public Use zone district, and to create a new outdoor recreation oriented zone district. The initial approach to these code revisions consisted of amending the Public Use zone district and the Natural Open Space zone district, as well as, renaming and amending the Agriculture and Open Space zone district to create a new Recreational Open Space zone district. The Planning and Environmental Commission expressed concerns about allowing buildings within zone districts intended for open space, and recommended the elimination of some proposed conditional uses in the Recreational Open Space zone district such as single family residential dwellings, churches, rectories, schools, colleges, convents, seasonal use or structure, etc. The Planning and Environmental Commission also expressed concerns about the impacts that eliminating the Agriculture and Open Space zone district could have on established individual property rights. Upon further deliberation, the Planning and Environmental Commission directed staff not to rename and substantially amend the Agriculture and Open Space zone district. to the proposed Recreational Open Space zone district, but instead make amendments to the Public Use zone district and Natural Open Space zone district, and to create a separate recreation oriented zone district and to rezone certain Agriculture and Open Space zone district properties to this new district. This new district was intended to fit between the less restrictive Agriculture and Open Space zone district and the more restrictive Greenbelt and Natural Open Space zone district. On October 4, 1994, the Town Council adopted Ordinance 21, Series of 1994, to amend the provisions of the Public Use zone district and the Natural Open Space zone district, and to create the Outdoor Recreation zone district. As adopted the Outdoor Recreation zone district did not allow a seasonal use or structure as a conditional use. Currently, all Outdoor Recreation zoned properties within the Town of Vail are owned by the Town of Vail. In the fall of 2000, the Planning and Environmental Commission approved a minor subdivision creating the "Vail Golf Course Clubhouse Subdivision" (location of the Vail Golf Course driving range and seasonal ice rink). and conditional use permit to allow for the construction of a seasonal ice rink at the Vail Golf Course driving range site. The Planning and Environmental Commission placed nine conditions on its approval of the conditional use permit. The applicant has addressed each of these previous conditions of approval in their. attached Seasonal Ice Rink Proposal (see Attachment C). Also in the -fall of 2000, the Town Council heard an appeal of the Planning and Environmental Commission's decisions and upheld the Commission's decisions. The Town Council also approved a rezoning of the "Vail Golf Course Clubhouse Subdivision" from Outdoor Recreation (OR) district to General Use (GU) district. 3 The seasonal ice rink was constructed and operated during the winter seasons of 2000- 2001 and 2001-2002. A recent court decision issued during litigation of the previous approval of the seasonal ice rink has nullified the rezoning of the Vail Golf Course Clubhouse Subdivision. The minor subdivision approval of the Vail Golf Course Clubhouse Subdivision and the conditional use permit for the previously approved seasonal ice rink have lapsed and are no longer valid. Therefore, the applicant has submitted new text amendment, conditional use permit, and design review approval applications to facilitate the construction and use of the seasonal ice rink for this winter season into perpetuity. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation ofapproval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. 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 3. 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 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Action: The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 4 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town CnunriL• Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial, of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. 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 3. 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 4. The extent to which the text amendment provides a harmonious, .convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is.responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 5 Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations (Title 12. Vail Town Code Section 12-2-2 (Definitions), Vail Town Code, currently defines a recreation structure as follows: RECREATION STRUCTURE: Any covering erected over a recreational amenity, such as a swimming pool or tennis court, which is not a seasonal structure. For the purposes of this Title, recreation structures shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure shall require a conditional use permit in accord with Chapter 16 of this Title. Section 12-2-2 (Definitions), Vail Town Code, currently defines a seasonal use or structure as follows: SEASONAL USE OR STRUCTURE: A temporary covering erected over a recreational amenity, such as a swimming pool or tennis court,- to accommodate educational, recreational, and cultural activities for the purpose of expanding their use into the cold weather months. Such temporary seasonal covers may not be in place for more than seven (7) consecutive months of any twelve (72) month period. For the purposes of _ this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure shall require a conditional use permit in accord with Chapter 76 of this Title. It is important to note that this definition precludes a seasonal use or structure from the site coverage and building bulk control standards prescribed in the Outdoor Recreation zone district. The Vail Golf Course is zoned Outdoor Recreation (OR). Pursuant to Section 12- 86-1 (Purpose), Vail Town Code, the purpose of the Outdoor Recreation zone district is as follows: 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. 6 The applicant is proposing to amend Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow a "seasonal use and structure" as a conditional use in the Outdoor Recreation zone district. Section 12-16-1 (Purpose, Limitations), Vail Town Code, identifies the purpose for a conditional use permit as follows: 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 forconditional use permits shall be denied. The maintenance of the parking lot, including snow removal, is regulated by the provisions of Section 10-5-1 (Construction and Maintenance), Vail Town Code: All off-street parking and loading facilities required by this chapter shall be constructed and maintained in accordance with the minimum standards for such facilities prescribed by this chapter, and shall be maintained free of accumulated snow or other materials preventing full use and occupancy of the facilities in accordance with the intent of this chapter, except for temporary periods of short duration in event of heavy or unusual snowfall. The provisions of Section 14-5 (Parking Lot and Parking Structure Design Standards For All Uses), Vail Town Code, identify the following snow storage standards for all excluding residential uses under three units and including, but not limited to, commercial, retail, office, restaurant, institutional, hotel, accommodation, and multiple-family development: Snow Storage All required parking and access areas shall be designed to accommodate on-site snow storage (i.e., within the boundaries of lot and not within the right-of-way). A minimum functional area equaling 30% of the paved area shall be provided contiguous to the paved area and designed to accommodate snow storage. Turf areas and other areas without trees may be utilized for this purpose. If driveways are heated, then the minimum snow storage area maybe reduced to 10% between the developments shall not be required. 7 Town of Vail Land Use PI The Town of Vail Land Use Plan designates the Vail Golf Course and many other Outdoor Recreation zoned properties as Park (P). This land use designation is described by the Town of Vail Land Use Plan as follows: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf course and playgrounds, as well as areas for various passive recreation activities. ` The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. Town of Vail Comprehensive Open Lands Plan The Town of Vail Comprehensive Open Lands Plan identifies this site as part of the golf course and the Action Plan simply designates the area as an existing "developed park" with no recommendations specific to this site. Town Council Mission Statement We (i.e. Town Council) will provide the citizens of Vail and our guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational and cultural opportunities. 8 VI. SITE ANALYSIS VII. Zoning: Land Use Plan Designation Current Land Use: Hazards: Outdoor Recreation (OR) Park (P) Golf Course None Development Standard Allowed Existin Proposed Setbacks: 20 ft. N/A > 20 ft. Building Height: N/A N/A N/A Density: N/A N/A N/A GRFA: N/A N/A N/A Site Coverage: N/A N/A N/A Landscape Area: N/A N/A N/A Parking: per PEC 110 spaces 110 spaces SURROUNDING LAND USES AND ZONING Zoning Outdoor Recreation (OR) Unzoned General Use Low Density Multiple Family Outdoor Recreation (OR) Primary/Secondary Residential (P/S) Outdoor Recreation (OR) Land Use VIII. North: Golf Course CDOT I-70 Right-of-Way South: Golf Course Club House Residential East: Golf Course Residential West: Golf Course CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Re_ aq rdinq the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Section 12-86-1 identifies the purpose of the Outdoor Recreation District as follows: 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. 9 Staff believes that a text amendment allowing a seasonal use or structure as a conditional use in the Outdoor Recreation zone district will permit additional opportunities for active and passive recreation activities within the Town of Vail. The temporary nature of a seasonal use and structure will help ensure that undeveloped or open space lands are not permanently altered by intensive development. Staff believes that the proposed text amendments to Section 12-2-2, Vail Town Code, will clarify the provisions of Title 12 (Zoning Regulations) which will further the purpose, intent, and objectives of the regulations. 2. 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 The Town of Vail Land Use Plan designates the Vail Golf Course and many other Outdoor Recreation zoned properties as Park (P). The Park land use designation is described by the Town of Vail Land Use Plan as follows: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf course and playgrounds, as well as areas for various passive recreation activities. Staff believes that allowing a seasonal use or structure as a conditional use within the Outdoor Recreation zone district is consistent with the Town of Vail Land Use Plan's Park land use designations, since a seasonal use and structure will facilitate additional educational, recreational, and cultural activities within the Town of Vail. Staff also believes that as a conditional use the Planning and Environmental Commission can ensure that any proposed seasonal use and structure is consistent with the Town of Vail Comprehensive Plan through the imposition of conditions and limitations pursuant to the provisions of Section 12-16-1, Vail Town Code. Staff believes that the proposed text amendments to Section 12-2-2, Vail Town Code, will clarify the provisions of Title 12 (Zoning Regulations) which will further the purpose, intent, and objectives of the regulations. Additionally, staff believes that the proposed text amendments are compatible with the Town Council's mission statement which reads as follows: We (i.e. Town Council) will provide the citizens of Vail and our guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational and cultural opportunities. 3. 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 10 At the time of the creation of the Outdoor Recreation zone district, the Planning and Environmental Commission contemplated the construction of structures such residential dwellings, churches, rectories, .schools, colleges, convents, seasonal uses or structures, etc. At that time, the Commission determined that these types of structures were not appropriate uses within the Outdoor Recreation zone district. Staff believes that the extensive use of the proposed seasonal ice rink during the 2000-2001 and 2001-2002 winter seasons demonstrates a recent, strong public interest in using a seasonal use or structure to meet the community's growing demands for education, recreational; and cultural activities within the Town of Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistentwith municipal development objectives. Staff believes that the proposed text amendments provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. The proposed amendments to Section 12-2-2 further clarify existing zoning regulations relating to seasonal uses and structures, and the proposed revisions to Section 12-8B-3 are similar to existing use regulations prescribed in other zone districts. Staff also believes that as a conditional use the Planning and Environmental Commission can ensure that any proposed seasonal use and structure is consistent with the Town of Vail Comprehensive Plan through the imposition of conditions and limitations pursuant to the provisions of Section 12-16-1, Vail Town Code. Staff believes that the proposed text amendments to Section 12-2-2, Vail Town Code, will clarify the provisions of Title 12 (Zoning Regulations) which will further the purpose, intent, and objectives of the regulations. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the followin findings before forwarding a recommendation of approval for of a text amendment: 1. That 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 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 11 The review criteria for a request of a conditional use permit are established by the Town Code. The proposed seasonal ice rink is located within the Outdoor Recreation zone district. Therefore, contingent upon adoption of the aforementioned proposed text amendments, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16 (Conditional Uses), Vail Town Code. C. Consideration of Factors Regarding the Conditional Use Permit: 1. Relationship and impact of the use on the development objectives of the Town. The Town of Vail Land Use. Plan designates the Vail Golf Course as Park (P). This land use designation is described by the Town of Vail Land Use Plan as follows: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf course and playgrounds, as well as areas for various passive recreation activities. Staff believes that construction of the proposed seasonal ice rink is consistent with the Town of Vail Land Use Plan's Park land use designation, since the proposed seasonal ice rink will provide additional active recreation activities and expand the recreational use of the Vail Golf Course property. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 1.2 Vail should continue to grow in a controlled environment; maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Staff Response -Staff believes that the high demand for ice rink use at the Dobson Ice Arena and the previously approved seasonal ice rink at the Vail Golf Coures demonstrate that the construction of the proposed seasonal ice rink is needed to balance the need for recreational uses for visitors and residents. 1.10 Development of Town owned lands by the Town bf Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. Staff Response -This project involves the placement of a public recreational structure on Town lands. This portion of the golf course property is not located within any identified geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing. developed areas (infill areas). 12 Staff Response -The subject property is an located within an infill area. 2.5 The communify should improve non-skier recreational options to improve year-round tourism. Staff Response -This is a non-skier related winter recreational facility. When coupled with the existing golf course driving range, the property will provide ayear-round tourism amenity. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. Staff Response -the Town has discussed the issue of down-valley ice facilities with other jurisdictions to address local recreational demands. However, in recent years the Town Council has agreed to appropriate funding for an additional temporary ice sheet in an effort to support local and regional demand for public ice. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. Staff Response -The intent of the proposed seasonal ice rink is to provide an extended period of use (regardless of weather conditions) and a higher quality ice surface. Staff believes this effort is consistent with the stated goal of improvement of existing park lands and facilities. The Town of Vail Comprehensive Open Lands Plan identifies this site as part of the golf course and the Action Plan simply designates the area as an existing "developed park" with no recommendations specific to this site. Therefore, staff believes that this proposed conditional use permit request meets the development objectives of the Town of Vail Comprehensive Open Lands Plan. Staff believes that this proposal meets the development objectives of the Town of Vail, and the objectives of the applicable master plans. 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 improved ice surface will provide a positive impact upon demonstrated parks and recreation facility needs. Staff does not believe this proposal will adversely impact the other above-listed items. 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. 13 The Town of Vail Public Works Department has indicated the operation of the previously approved season ice rink at the Golf Course driving range site over the past two winter seasons have posed no significant problems related to the above listed items. However, due to user demand staff believes it is imperative that snowplowing and parking lot maintenance, in compliance with the provisions of Section 10-5-1 (Construction and Maintenance), Vail Town Code, remain a key priority at this site. 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. Pursuant to the provisions of Section 12-2-2, Vail Town Code, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Staff believes that the past construction and operation of the previously approved seasonal ice rink have demonstrated that this proposed does not have significant negative impacts to the character of the area. D. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the proposed text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2-2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity." Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: That 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 14 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. The Community Development Department recommends approval with conditions for a conditional use permit, to allow fora "seasonal use or structure," in the Outdoor Recreation zone district, at the Vail Golf Course, located at 1778 Vail Valley Drive. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. This approval shall be contingent upon the Town Council's adoption, by ordinance, of the associated proposed text amendments to Section 12-86-3, Vail Town Code, and Section 12-2-2, Vail Town Code. 2. Occupancy Inspection approval by the Town of Vail Building Division and Town of Vail Fire Department shall be required annually prior to occupancy and use of the seasonal ice rink. The applicant shall be responsible coordinating said inspections and shall be responsible for demonstrating compliance with all applicable building and fire codes. 3. All mechanical equipment associated with the seasonal ice rink that is not located within the seasonal ice rink structure shall be located on the north side of the rink and shall be fully screened. 4. If negative traffic or parking issues arise, this approval shall be called up for additional review by the Planning and Environmental Commission at their next available regularly scheduled public hearing. 15 5. The noise output of the seasonal ice rink and its associated equipment will be the lesser of the 55db (day) / 50db (night) output as allowed by Section 5-1-7, Vail Town Code, or the existing noise output of I-70 traffic. 6. The parking lot shall be maintained free of accumulation of snow or other materials preventing use in accordance with the provisions of Section 12-10-5, Vail Town Code. Adequate snow storage areas shall be provided in accordance with the provisions of Section 14-5, Vail Town Code. The applicant shall submit a site plan identifying the location of the required .snow storage areas to the Department of Community Development for review and approval prior to Occupancy Inspection. 7. Business activities shall not be conducted within the Vail Golf Course parking lot. 8. This conditional use permit shall be valid from October 1 St to April 1St annually. No construction and/or installation of the seasonal ice rink, including any related equipment (including the zamboni) or structure, shall commence on the site earlier than October 1St annually and the seasonal ice rink, including all related equipment (including the zamboni) and structures, shall be removed from the site by no later than April 1St annually. The storage of materials or equipment (including the zamboni) related to the seasonal ice rink shall not be permitted on the site later than April 1St and earlier than October 1St annually. 9. The hours of operation of the seasonal ice rink shall be no earlier than 6:00 a.m. and no later than 11:00 p.m. daily from October 1St to April 1St annually. 10. The applicant shall schedule use of the seasonal ice rink for the general public. A Memorandum of Understanding shall be executed, to the Town's satisfaction, between the Town and the applicant addressing the scheduling of use of the seasonal ice rink. 11. The use of the seasonal ice rink shall be limited to ice-related athletic activities and similar activities customary to the operation of an ice rink. X. ATTACHMENTS A. Public Notice B. Vicinity Map C. Seasonal Ice Rink Proposal D. Outdoor Recreation zone district map E. Draft Ordinance No. 28, Series 2002 F. Correspondence 16 Attachment: A 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 of the Municipal Code of the Town of Vail on October 14, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a recommendation to the Vail Town Council for an amendment to the Town of Vail Land Use Plan and the Vail Village Master Plan, to facilitate the construction of "Nail's Front Door" project and associated improvements and setting forth details in regards thereto, located on an unplatted parcel, generally located south of the Lodge Tower and west of the Vista Bahn Ski Yard. Amore complete metes and bounds description is available at the Department of Community Development. Applicant: Vail Resorts Development Company Planner: George Ruther A request for a recommendation to the Vail Town Council, to allow for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2- 2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto; and a request for a conditional use permit, to allow fora "seasonal use or structure," in the Outdoor Recreation zone district, located at 1778 Vail Valley Drive/an unplatted tract of -land within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3~d Filing within the Vail Golf Course, more specifically described as follows: That part of Section 9, Township 5 South, Range 80 West of the 6`h Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-of-way line: (1) 119.32 feet along the arc of a curve to the left, having a radius of 135.00 feet, a central angle of 50°38'21" and a chord that bears N72°59'22"W, 115.47 feet; (2) S81°41'30"W, 187.43; thence, departing said northerly right-of-way line, N08°18'30"W, 266.90 feet; thence N79°28'56"E, 939.41 feet; thence S11°28'38"E, 91.78 feet; thence S40°01'19"W, 490.77 feet; thence S77°00'32"W, 165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'56"W, 144.27 feet to the point of beginning, containing 6.47 acres, more or less. Applicant: Vail Junior Hockey Association and the Vail Recreation District Planner: Bill Gibson ~, TOWN OF PALL ~' 1 A request for recommendation to the Vail Town Council, to allow for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto; and a conditional use permit, to allow fora "public utility and public service use" in the Outdoor Recreation zone district, located at an unplatted parcel within the Southwest Quarter of Section 3, Township 5 South, Range 80 West of the Sixth Prime Meridian, generally located south of the I-70 right-of-way, north of Gore Creek, and west of 2450 Frontage Road East (Water Treatment Plant) within the Vail Golf Course, more specifically described as follows: A parcel of land lying in Section 3, Township 5 South, Range 80 West of the 6th P.M., Eagle County, Colorado, being more particularly described as follows: commencing at the southwest corner of said Section 3, whence the northwest corner of Lot 14 Vail Valley Third Filing bears S07°42'53"E, 474.77 feet and whence the northeast corner of Lot 16 of said Vail Valley Third Filing bears S26°20'09"E, 698.51 feet; thence N56°01'08"E, 921.55 feet to a point on the south ROW (right-of-way) line of Colorado State Highway No. I-70, said point being the true point of beginning, thence N73°43'36"E, along said south ROW line 75.00 feet; thence S16°16'24"E, 25.00 feet; thence S73°43'36"W, 75.00 feet; thence N16°16'24"W, 25.00 feet to the true point of beginning, containing 0.04 acres more or less. Applicant: Public Service Company of Colorado Planner: Bill Gibson A request for a modification to the 100-year floodplain, to allow for grading in the floodplain to modify the Gore Creek Whitewater Park, located at the Gore Creek Promenade/Tracts I & A, Block 5B, Vail Village 1St Filing, and setting forth details in regards thereto. Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson A request for an interpretation of the maximum height and calculation of average maximum height requirements in the Lionshead Redevelopment Master Plan. Applicant: Town of Vail Community Development Department Planner: George Ruther A request for final approval of a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12-7A-2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12-7A-10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1St Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell 2 A request for a final review of a variance from Section 12-6D-6 (Setbacks), Vail Town Code, to allow for an addition within the required setback, located at 2943 Bell Flower Drive, Lot 4, Block 6, Vail Intermountain. Applicant: Alan Budd Zuckerman Planner: Warren Campbell A request for a worksession to amend Chapter 12-15 (Gross Residential Floor Area), Vail Town Code, to discuss modifications and/or elimination of the Gross Residential Floor Area regulations in all zone districts and setting forth details in regards thereto. Applicant: Vicki Pearson, et.al. Planner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 27, 2002 in the Vail Daily. 3 ~ - ~ - - F ,__. . ~~ _ ~: _ _- _ _ r ; Vicinity :Map---- __ -. _ _ _ .~ `~ ~.~ i ~.. -, ~-. ~- _ _. - - ~ .,~~ ~~ ,t~ ~ ~ ~, __ +~ ~ ~ ~ Pro~~sed Seasonal. Ice Rink- ~ _ ,I _"_k ~~.+ -~i ,~ - ~' i~ t ~ zr ~ „ ~.. , - ~- .. ~3 p ~,. ° r?= ~,nRt ~.r , .pr ~ ,..,~ r bra i _ _rt...'' .-~ .. ~ ~ Gay E~'~ T~ ~ ~ ,~ y; 1} 7s d .. .~ ~ ~ ~rrrc,,~~~ +.F'. l _ ~rx ~F~~1'~ ~._ 5 ~ '~ ~ r, 1 ~ _` Z ', ,. ~ . ~ - ,.o. ~ ~ ~ ~ 1e ?, ~ ~ 4 ~ ~ ~ ~ ~ I ~ 4r~- ~~.. 3 v _ ~ n ~ _ ~ ~~~'.: ~ ' $r ~ ^ r~ ~ ~~ ~ _ _ _ - - ~~ , ~ ~ ~_s ,~ ~~.~ ~ ~ ,-. ~, ,. 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INTRODUCTION------------------------------------------------------------- 1-2 2.0 PURPOSE----------------------------------------------------------------------- 2-3. 3.0 PROPOSED PLAN------------------------------------------------------------ 3-7 4.0 APPROVAL CRITERIA ---------------------------------------------------- 7-9 5.0 ENVIRONMENTAL IMPACT REPORT ------------------------------9'-19~ 6.0 ~QNCLUSION ----------------------------------------------------------------- 19... Report prepared-hy Rick Pylman PJA Land Planning PO Drawer 4727 Vail,, CO 970.949.8102 1.0 INTRODUCTION The purpose of this report is to provide information relative to a request for a Conditional Use Permit to allow for a seasonal structure to enclose an ice skating surface located on the site of the Vail Golf Course Driving Range. The Vail Golf Course Driving Range was historically utilized as a seasonal, open-air ice skating rink. The skating surface was groomed by a Zamboni ice resurfacing machine and surrounded by hockey dasher boards. An overhead lighting system allowed for evening use of the facility. The skating surface was maintained as long as weather allowed but was often subject to closure due to heavy snow or warm temperatures. In the fall of 2000, the Town of Vail approved a zone change from Outdoor Recreation to General Use for the driving range and a Conditional Use Permit to install a seasonal structure on the driving range to allow for enclosure and mechanical refrigeration of the ice surface. The zoning change has since been reversed and the existing zoning is Outdoor Recreation. The Conditional Use approval was valid for atwo-year period and expired in April 2002. This application is being made concurrently with a request to amend the Outdoor Recreation Zone District to add "Seasonal Structures" as a Conditional Use. The seasonal structure that was in place for the winter seasons of 2000 - 2001 and 2001 - 2002 functioned very well for many different recreational user groups and for the general public. Coined the "Vail Ice Dome" by a visiting hockey team, the facility was considered very successful in providing an additional ice surface to supplement the demands on Dobson Arena. It is the belief of the Vail Junior Hockey Association that concerns with the operation of the structure which were raised during the 2000 Conditional Use Permit approval process were successfully addressed during the two year tenure of the ice dome. In order to continue to utilize the ice dome on a seasonal basis a new Conditional Use Permit is required. This request is to continue to use the existing seasonal structure in exactly the same manner as it was used for the past two winter seasons. Seasonal Tce Rink Prnnnsal The intention of this application is to provide the appropriate information to allow for the review of a Conditional Use Permit for the requested use. 2.0 PURPOSE The purpose of this request is to increase winter recreational opportunities for local children, local adults, and our winter guests by providing for a viable seasonal ice surface that will not be impacted by unseasonably warm temperatures, direct sun, or heavy snows. Dobson Arena is currently the only covered and mechanically refrigerated ice surface in Vail and in Eagle County. The increasing participation in local youth programs, adult skating programs, Women's hockey and figure skating, along with the continued use of Dobson Arena as a community special events facility has created a demand for ice time that has surpassed the capacity of Dobson Arena. During the winter of 1998-1999 Vail hosted the 1999 World Alpine Championships and the entire VJHA program was shifted to the golf course rink for several weeks while Dobson Arena was transformed into a special events center and rodeo ground. During the winter of 1999-2000 the in-floor refrigeration system in Dobson Arena failed and again the recreation activities scheduled for Dobson Arena were shifted to the Golf Course rink for several weeks. These events caused significant disruptions to local recreation programs and the outdoor ice surface proved unreliable. in meeting the demands placed upon it. The intent of this request is to increase the viability of this recreational site and remove the scheduling and use uncertainties that are related to the outdoor facility and its exposure to the weather. The intention of this seasonal facility is to address recreational ice demand until a permanent facility is constructed. Participation in the Vail Junior Hockey Association program alone has grown significantly over the past 5 - 7 years. The majority of this program growth has been at the lowest age levels, indicating a strong demand for available ice time will continue for years to come. 4Pacnnal l~P Rink Prnnncal 7 Meanwhile, other programs have begun and flourished, which also place pressure on ice time demands. The Vail Girls' Hockey Club has grown and flourished to the point where it was brought under the direction of the Vail Junior Hockey Association. Vail is also home to several competitive women's hockey teams, several competitive men's senior league teams and to a thriving local men's senior recreational program and a local figure skating association. The continuation of the seasonal enclosure over the driving range ice surface will benefit all of those users and allow for the continuation of these popular recreation programs while other permanent solutions are discussed and evaluated. 3.0 PROPOSED PLAN This proposal is to locate a seasonal structure of approximately 225 feet in length, 120 feet in width and 36 feet in height (225' x 120' x 36') on the Vail Golf Course driving range in the same location as it has been located for the past two winters (See Figure 1). The structure is an air supported clear span dome constructed of a 23 ounce per yard coated poly vinyl fabric in a white color. The structure will be anchored into concrete footings that are already in place in the driving range. The structure is a new, state of the art, energy efficient structure designed expressly for this use. The structure meets or exceeds industry standards and. Uniform Building Code requirements. The floor plan of the ice dome is open and consists of a regulation size ice hockey surface with dasher boards and a small bleacher area that seats approximately 30 people. A revolving door along the south side of the rink will allow convenient access from the parking lot and to and from the Golf Course Clubhouse. Skate changing and dressing will occur within the structure and within the cart storage level of the golf course clubhouse. Restroom facilities are available in the Clubhouse. Mechanical equipment consists of a blower to maintain air pressure and an ice making chiller system. The chiller system is approximately 25 feet long; 8 feet wide and 6 feet high. The chiller is powered by a .200 horsepower electric motor. At normal ice maintenance operational levels the noise output has been determined by actual measurements to be lower than the existing background noise of Interstate 70. This mechanical equipment is designed as a fully portable system and is mounted on a trailer. The mechanical equipment will be located on the north side of the ice rink. The same CPacnnal T!`P. Rinl; Prnnncal '] Figure 1 wooden fence that has been used for the past two winters will be installed to provide visual screening of the equipment. The Zamboni will be stored within the cart barn of the Vail Golf Course Clubhouse and a garage door system at the east-end of the structure allows the Zamboni access to the ice surface. The existing parking lot at the Vail Golf Course can accommodate 100 cars and has proven adequate to accommodate the proposed use. In addition to the existing ice rink, the Golf Course restaurant will remain open. The Clubhouse is also the location of the Vail Nordic Center. The parking lot has been sufficient to accommodate these uses for the past two years and it is anticipated the available parking will be more than sufficient to meet demand. A maximum parking demand for the rink facility may be calculated by assuming a game situation with two teams arriving and two teams leaving at one time. The average team size is 14 players and using a conservative assumption of one car per player the maximum parking demand would be for 56 parking spaces. The more typical use of the rink will be for overlapping single team practices, which will only require parking for 15 to 20 cars. The facility has the potential to be used from approximately 6:00 a.m. until 11:00 p.m. on a daily basis, however, the bulk of the demand for ice time comes from the after school hours until 10:00 p.m. The October 2000 approval of the Conditional Use Permit for this seasonal structure included a number of conditions. The ice dome operated over a period of two winter seasons and maintained full compliance with the conditions of approval. Those conditions and the method of compliance are described below. 1. All mechanical equipment associated with the rink must be fully screened. If possible, the equipment should be moved to the north side of the rink. Response: The mechanical equipment was screened with a 8' high solid wood fence and was located on the north side of the structure. The current application proposes to locate and screen the equipment in exactly the same manner. The RPasnnal TcP. Rink Prnnncal A fence was constructed in a modular manner and is currently in storage with the other components of the structure. 2. If traffic or parking issues arise, the approval, the approval will be called up for additional review by the PEC. Response: No traffic or parking issues were noted during the two winter season operating period and there was no call up by the PEC. 3. The noise output of the rink and its associated equipment will be the lesser of the SSdb (day)/SOdb (night) output allowed under the town's noise ordinance, or the existing noise output of I-70 traffic. This will be confirmed by town staff with noise monitoring equipment. Response: Sound readings conducted by the Town of Vail staff while the mechanical system was in operation indicate that the noise level was below the background noise levels of Interstate 70. Specific readings taken by Town of Vail staff indicate that the noise level 16 feet north of the mechanical equipment (towards I-70) registered at 64 dB . At a distance of only 10 feet north of the equipment with a shield in place between I-70 and the noise meter, the noise level registered at 48-50 dB. At the property line of the nearest residential property, the Vail Golfcourse Townhomes, the sound meter registered 55 dB. Staff notes indicate that the noise of the mechanical equipment was not audible over the noise generated by I-70 traffic. 4. The parking lot must be maintained at all times for use at full capacity (110 spaces). No snow storage (or business activities) can be accommodated within the parking lot. Response: The parking lot was fully maintained and available for use during both winter seasons. No change to this situation is anticipated. CPacnnal ire Rink Prnnncal G 5. The conditional use permit will be valid between the dates of November 1st through April lst (annually) from 7:30 a.m. to 11:OOp.m. daily. Response: The management of the structure adhered to these operating dates and hours for the past two seasons. Experience has proven that a three to four week time frame is necessary to complete the set-up and to prepare the ice surface for use. In order to allow for use of the facility by November 1st the conditional use permit should be valid from October 1 to April 1 of each year. While the hours are generally acceptable a 6:00 a.m. start time would be preferable for the new conditional use permit. 6. This approval is for a limited time period beginning November 1st, 2000 and ending April 1st, 2002. Response: The time frame for this initial conditional use permit has expired, thereby necessitating this request for a new conditional use permit. The applicant requests that this permit be granted in perpetuity. 7. Full compliance with Town building ordinances and the Uniform Building Code must be demonstrated by the applicant. Response: This compliance was demonstrated. Anew building permit will be required for installation each season, allowing the building department to review code compliance issues. 8. Scheduling and use of the rink (through the Vail Recreation District) will be open to the general public. Scheduling details- will be addressed via a management agreement between the Town of Vail and the Vail Recreation District. Response: A Memorandum of Understanding between the town and the recreation district was executed and the management of the rink upheld the terms of the agreement. The MOU has since expired and a new MOU should be discussed. RP.acnnal ire Rink Prnnncal ~ 9. -The approval of this conditional use permit is conditioned upon the approval of the associated rezoning ordinance (Ordinance No. 23, Series of 2000) on second reading. If the rezoning to General Use does not occur, this .conditional use becomes null and void. Response: The General Use zoning is no longer in place. The current zone district is Outdoor Recreation. 4.0 .APPROVAL CRITERIA The following Sections address the criteria required for approval of a Conditional Use Permit. Section 18.60.060 of the Town of Vail Zoning Code addresses criteria for the review of a Conditional Use Permit. The following paragraphs list those criteria and provide a response that describes how this proposal meets those criteria: 1. Relationship and impact of the use on development objectives of the Town; Response: The proposal to cover and mechanically refrigerate the existing seasonal ice skating surface at the Vail Golf Course furthers the development objectives of the Town by creating a more reliable and functional seasonal recreational facility. As a winter season use the skating rink complements the summer use of the golf course and takes advantage of the existing infrastructure. The use can be located with no damage to the driving range facility and with little or no impact to the immediate neighborhood. The existing buildings and landscaping will help to screen the facility from residential Qvacnnal lrP. Rink Prnnneal '7 uses and the mechanical equipment location is designed to mitigate any potential impacts to residential properties. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs; Response: The Vail Golf Course Driving Range has been the site of a winter ice skating facility for many years. Over the past two winter seasons the proposed seasonal structure operated in the same manner as proposed by this application with ~no adverse impact to the above mentioned criteria. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas; Response: The existing street circulation system and golf course parking lot is capable of handling the traffic with no increase to congestion or negative impacts to safety and traffic flow. The past two years of experience with this exact operation prove that there is sufficient traffic and parking capacity to accommodate this use. 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; Response: While the proposed structure is fairly large in size, the proposed location will minimize any negative visual considerations from residential properties in the vicinity. The white color of the structure will blend in well with the winter conditions of the site. Photographs of the actual structure in place are available for review and are included within these application materials. CPacnnalTrP Rink Prnnncal O 5. Such other factors and criteria as the commission deems applicable to the proposed use; Rest~onse: The applicant is willing to address any other factors or criteria the commission deems applicable. 6. The Environmental Impact Report concerning the proposed use, if an Environmental Impact Report is required by Chapter 18.56; Response: An Environmental Impact Report is included with this application. 7. Prior to the approval of a Conditional Use Permit for atime-share estate, fractional fee or time-share license proposal, the applicant shall submit to the Town a list of all owners of existing units within the project or building; and written statements from one hundred percent of the owners of existing units, indicating their approval, without condition, of the proposed time-share, fractional fee for time-share license. No written approval shall be valid if it was. signed by the owner more than sixty days prior to the date of filing the application for a Conditional Use. All buildings, which presently contain time- share units, would be exempt from this provision. Response: This Conditional Use Permit request does not entail time-share or fractional fee use. 5.0 ENVIRONMENTAL IMPACT REPORT 5.1 INTRODUCTION The purpose of this report is to provide an Environmental Impact Report, in accordance with Chapter 18.56 of the Town of Vail Zoning Code, for the proposed seasonal ice rink facility to be located on the driving range of the Vail Golf Course. CPacnnalTca Rink Prnnncal n The proposed plan is to locate an air supported fabric structure of approximately 225 feet in length, 125 feet in width and 36 feet in height (225' x 125' x 36') on the Vail Golf Course Driving Range in the same maru>er and location as it has been placed the previous two winters. Mechanical equipment will consist of a blower to maintain the air pressure within the structure and an ice making refrigeration system. The refrigeration system equipment is approximately 25 feet long, 8 feet wide and 6 feet high. This is a portable system that will sit on a mobile truck trailer.. The refrigeration system is powered by a 200 horsepower electric motor. The refrigeration system uses a freon based chiller/condenser to cool a liquid brine which is circulated through a piping mat under the ice surface. The system is closed and fully self contained. The ice rink facility will be installed on a seasonal basis from October to April. The Seasonal Ice Rink environmental analysis addresses each of the conditions listed in Section 18.56.020, Applicability, of the Vail Zoning Code, as follows: A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural land form feature; ^ The seasonal ice rink will be located on the driving range of the Vail Golf Course and will not alter any ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse or other natural land form feature. B. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground; - ^ The seasonal ice rink will not affect or impact, either directly or indirectly, any wildlife habitat, feeding or nesting ground. C. Alters or removes native grasses, trees, shrubs, or other vegetative cover; ^ The seasonal ice rink is proposed to be located on the driving range of the Vail Golf Course. A portion of the driving range, roughly equivalent to the 225' x 125' footprint of the seasonal stnucture has QvacnnalirP.Rink Prnnncal 1!1 previously been regraded to create a level surface. A concrete footer system to anchor the structure has been installed within the driving range site. Each fall, in order to install the structure, and turfgrass will be removed, the footer structure exposed and sand bedding will be placed for the piping system. In the spring, upon dismantling the structure and preparing the driving range for use the sand bedding will be removed and the turfgrass will be replaced. D. Affects the appearance of character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features; ^ The ice rink proposal entails the placement of a seasonal structure on the Vail Golf Course Driving Range. The structure will be in place from November until April of the winter season and will be a 225' x 125' white fabric air supported dome. It is the belief of the applicant that the white color of the building blends well with the winter conditions of the driving range and will not be in marked contrast with the natural or existing urban features. E. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety; ^ The proposed use should not increase any natural hazard conditions, and does not change any land forms that would result in a hazard to health and safety. F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter; ^ The ice rink will not discharge any toxic or thermally abnormal substances, does not involve the use of herbicides or pesticides, and does not emit smoke, gas, steam, dust or other particulate matter. G. Involves any process which results in odor that may be objectionable or damaging; QPacrinal irr~ Rink Prnnncal 1 1 ^ The ice rink will not produce any odor that may be objectionable or damaging. H. Requires any waste treatment, cooling or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site; ^ The ice rink will not require any waste treatment, cooling or settlement ponds or require transportation of liquid or solid wastes to a disposal site. I. Discharges significant volumes of solid or liquid wastes; ^ The proposed ice rink will not discharge significant volumes of solid or liquid wastes. The Vail Golf Course Clubhouse restroom facilities will be available to the ice arena users. The ice surface will be maintained by a Zamboni ice resurfacing machine. This machine scrapes off and collects the top surface layer of ice and applies hot water to the freshened surface. The collected snow and ice flakes will be deposited outside. This snow deposit will melt away with the spring thaw. J. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems; ^ The seasonal ice rink proposal will not create any strain to the capacity of the existing infrastructure. K. Involves any process which generates noise that may be offensive or damaging; ^ The mechanical system of the proposed ice rink will generate some noise, however, sound readings conducted by the Town of Vail while the mechanical system was in operation two years ago indicated that the noise level was below the background noise levels of Interstate 70. Specific readings taken by Town of Vail staff indicate that the noise level 16 feet north of the mechanical equipment (towards I-70) RPacnnal ire Rink Prnnncal t 7 registered at 64 dB. At a distance of only 10' north of the equipment with a shield in place between I-70 and the noise meter the noise level registered at 48-50 dB. At the property line of the nearest residential property, the Vail Golfcourse Townhomes, the sound meter registered 55 dB. Staff notes indicate that the noise of the mechanical equipment was not audible over the noise generated by I-70 traffic. L. Either displaces significant numbers of people or results in a significant increase in population; ^ This proposal will not displace any people nor result in a population >ncrease. M. Pre-empts a site with potential recreational or open space value; ^ The stated intent of this proposal is to increase the viability of an existing recreational site. N. Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs; ^ The operation of the enclosed ice rink will result in a minor increase in traffic. However, the increased traffic generated by the enclosure of the existing ice surface will remain significantly below the summer traffic associated with the golf course use. The traffic generation of the last two winter seasons has not created congestion on the. public road system that serves the site. O. Is a part of a larger project which, at any future stage, may involve any of the impacts listed in this section. ^ This proposal is not a part of any larger project. CvacnnallrP Rink Prnnncal t~ 5.2 ENVIRONMENTAL ANALYSIS SUMMARY Existing Conditions The proposed seasonal ice rink project entails enclosing and mechanically refrigerating an existing seasonal outdoor ice skating surface that is located on the Vail Golf Course Driving Range. The driving range is an approximately 3.5 acre area located immediately adjacent to the existing Vail Golf Course Clubhouse and parking lot on Vail Valley Drive. The range is a flat turfgrass field and is enclosed by a tall fence/netting system that contains errant practice shots. The driving range area has been utilized for several years as a seasonal outdoor-skating rink. The ice surface is laid out over packed snow and maintained by a Zamboni ice resurfacing machine. The ice is enclosed by hockey boards and the rink area includes a lighting system which allows evening use. The clubhouse functions as a garage for the Zamboni and as a skate changing and warming but for the ice rink. In the fall of 2000, a Conditional Use Permit was granted for atwo-year period to install and operate the seasonal structure. The proposed structure under review of this environmental analysis has been in operation on the proposed site for the past two winter seasons. The golf course is also used seasonally. as a Nordic skiing venue, with a set track along the fairways and with the clubhouse functioning as the Nordic center.. The golf course clubhouse restaurant remains open in the winter and serves dinner nightly. A sleigh ride operation operates on the golf course, in conjunction with the restaurant. Hydrologic Conditions The enclosure of, and addition of mechanical refrigeration to, the existing ice rink will not change or affect the existing hydrologic conditions of the site. No change to the Cva.cnnal TCP. Rink Prnnncal 1 i1 existing drainage patterns will occur and no significant additional storm water runoff will be created. There will be no impact to any wetland features, riparian vegetation or flood plain. The structure is located outside of the 100-year flood plain of Gore Creek. Atmospheric Conditions The proposal will not create any additional smoke, .steam, dust or .other particulate generation other than the minor contribution of vehicular exhaust due to an increase in local traffic. No wood burning will be associated with the proposed use. Air quality within the Vail Valley is generally quite good and exceeds state and federal standards. No noticeable or measurable degradation of air quality should occur due to this proposal. Noise and Odor The proposed mechanical system includes an electric blower fan to maintain air pressure in the fabric structure and an electric motor to operate the refrigeration system. This mechanical equipment will be located outside of the structure and will be surrounded by a visual screen enclosure. Noise readings taken during operation of the facility over the past two years indicate that the structure is in compliance with the Town of Vail noise ordinance and with the previous condition of approval. However, in order to mitigate potential impacts to residential properties the applicant, the Town of Vail and the Vail Recreation District will commit to working closely with residents to minimize any noise impacts. Additional mitigation techniques, such as insulating the screen enclosure with sound absorption materials would be effective in minimizing sound impacts, if they are determined to be a nuisance. The addition of the seasonal enclosure and mechanical refrigeration system will not produce any significant odors. Ceacnnal Tna Rink Prnmcal 7 G Geologic Conditions The driving range is not located in any.known geologic hazard area and the addition of a temporary, seasonal air supported structure will not increase or create any geologic hazards. No significant grading is associated with this proposal. Biotic Conditions The driving range, like the remainder of the golf course, is a highly managed turfgrass environment. Any damage to the driving range will be repaired as a part of the standard golf course maintenance operations that occur annually. No trees, shrubs ~or native vegetation will be impacted by the proposed use. Population Characteristics This proposal will not impact residential densities or neighborhood patterns and will not displace any residents or businesses or otherwise impact population characteristics of the area. Visual Conditions The proposed cover for the skating rink is a 225' x 125' x 36' white fabric air supported dome. The skating rink is visible from 3 primary view shed locations: 1) The Vail Golf Course Townhomes 2) Sunburst Drive residences and 3) Interstate 70 and the Frontage Road. The Vail Golf Course Townhomes are located approximately 500 feet west of the ice rink location, directly across the street from the Vail Golf Course clubhouse parking lot. Although the view of the skating rink will be filtered by the existing, extensive landscaping and is partially screened by the clubhouse, portions of the structure will be visible from some locations within the Vail Golf Course Townhomes. However, the distance from the townhomes will allow the views of the surrounding mountains to remain unobstructed. There are 9single-family homes along Sunburst Drive that will also view the proposed structure. The closest of these homes is approximately 400 feet from the proposed rink, RPacnnal iw Rink Prnnncal 1 ~ the furthest of the 9 homes is approximately 800 feet away. The view of the rink facility from these homes is to the north and northwest. The distance separating the rink from the homes will ensure that the view of the northern hillsides of the Vail Valley will remain unobstructed. The skating rink will block some low-level views of Interstate 70 and the Frontage Road. From the Interstate and the Frontage Road travelers will view the ice skating rink from across the 10th fairway of the golf course, a distance of approximately 500 feet. A set of photographs are included under cover of this report to illustrate the visual condition of the structure as if existed during the 2000 - 2001 winter season. The ice rink structure is proposed as a seasonal use, from November until April. The white fabric color should blend in well with the background snow cover.. A mechanical equipment enclosure will be constructed to provide visual screening and sound muffling for the equipment. Land Use Conditions The Vail Golf Course Driving Range has been used as an outdoor skating rink for several years. The proposal to add a seasonal cover and a mechanical refrigeration system to the existing rink does not represent a major change in land use. The use of the golf course facility for winter recreation presents an efficient use of infrastructure and facilities and is compatible with other officially approved land uses and open space policies. Circulation and Transportation Conditions The ice rink is located on the driving range of the Vail Golf Course, located at 1778 Vail Valley Drive. Vail Valley Drive intersects with the Frontage Road, which functions as the primary collector road in the Golf Course and East Vail neighborhoods. A Town of Vail bus stop is located at the Clubhouse parking lot, approximately 100 feet from the proposed ice rink location. The Vail Golf Course Clubhouse and driving range location is the primary destination for all Vail Golf Course traffic. The Institute of Traffic Engineers (ITE), Trip Generation 6th QPacnnal icP. Rink Prnnneal 17 Edition manual is the standard reference for traffic and transportation analysis. The ITE Trip Generation 6th Edition, page 699, indicates that the trips on a typical Saturday for a golf course range from 375 to 1,300 with the average at 725 vehicular trips. The ITE golf course trip generation chart is attached for reference. According to statistics available from the Vail Recreations District, the management entity for the Vail Golf Course, the course averages a range of 288 to 320 rounds of golf per day during the summer season. The Vail Golf Course is also host to an active driving range and practice facility, which adds additional daily trip generation. In the winter the Vail Golf Course restaurant remains open for evening meals, the Vail Nordic Center operates out of the Vail Golf Course Clubhouse. The proposal to cover the ice surface and to add mechanical refrigeration should not significantly impact traffic and circulation issues on the Frontage Road or Vail Valley Drive. While the covering and refrigeration of the existing ice rink may create some additional winter traffic to the area the overall winter traffic is anticipated to remain well below the busy summer traffic generated by the Vail Golf Course. The scheduled uses of the Vail Golf Course Rink are generally by the Vail Junior Hockey Association, the Vail Figure Skating Club and the Men's and Women's senior league skaters. These users are generally scheduled from the after school hours (3:30 p.m. until 11:00 p.m.). During these hours, whether the user is the Vail Junior Hockey Association, the Vail Figure Skating Club or the senior leagues, there are generally 15 - 25 people utilizing the facility at any one time. Atypical ice skating or hockey practice session lasts for one hour, so every hour from 3:30 p.m. until 11:00 p.m. a group of 15 - 25 people will enter and exit the golf course facility. Given the average car pooling and ride sharing associated with these uses it can be fairly anticipated that approximately 10 - 12 cars will enter and exit the Vail Golf Course on an hourly basis from 3:30 p.m. until 11:00 p.m. For this 7 hour period of use there may be an average of approximately 140 vehicular trips. This trip generation is well below the current level of summer traffic and is capable of moving safely and efficiently on the existing road system. The Vail Golf Course parking lot has approximately 102 parking spaces. This level of parking has been more than sufficient to accommodate the winter uses of the clubhouse and the skating rink for the past two winter seasons. QPacnnalirP.Rink Pr~nncal 1Q The average parking demand, based upon a typical practice schedule of the Vail Junior Hockey Association is expected to be approximately 15 to 20 cars. Maximum parking demand is anticipated to be 55 to 56 spaces if the rink is used for a game situation. 6.0 CONCLUSION The community need for this facility was established during the 2000 Conditional Use Permit review process and remains valid to this date. The past two years of experience with this Seasonal Structure at the Vail Golf Course location attest that there is a legitimate community need for this facility. The analysis conducted under this application and the two previous years experience with the facility in place have demonstrated the use is compatible with adjacent uses and concerns regarding traffic, parking, noise and visual considerations are mitigated by the design and operation of the facility. RP.asnnalTrP Rink Prnnncal 1(1 Golf Course (430) Average Vehicle Trip Fads vs: Holes On a. Saturday Number ofi Studies: 12 Average Number of Holes: 1 A Directional Distribution: 5t)% entering, 50°~ exiting Trip Generation per Hobe Average Rate Range of Rates Standard Deviation 40.63 16.00 - 70.83 1~ 1~_ Date Plot and ,,3flc ,.20C t,+a ,.ooo ~ 900 W d F ~~ O _V t m ~ 8~ m Q (~ r ~ y~ MN 2~ 1411! 8 70 11 12 73 1J 75 16 1y 10 t9 2p 21 22 23 2~ 25 28 27 X = Piumbor of F-bles x x . ~y' . . . . . • X X Actw/ vab v~oNts Fltted Curve Equation- Not given ---,- a.rrw9. Rate ~~,.." Trip Genaratlw-, tiih Edition 699 Institute of Transportallon Engineers G9-15-c'~ 1 F7 ~ 511~Pt 57E7 Sib 33~+F_t F • a5 Land Use: 430 Golf CQUrse Description The golf courses contained in this land use include 9-. 18-, 27- and 36-hale municipal courses and private country clubs. Some sites have driving ranges and clubhouses wfth a pro shop andlor: restaurant, lounge;<aruf banquet facIlitfes_ Many of the munlcipal courses do not have any of ~;: these taclities. Miniature golf course (land use 431), golf drlvfng range (land use 432), and .: multipurpose recreational facility (land use 435) are related uses. Additional Data The sites were surveyed from the late 1960s to the mid-1890s throughout the United States. Most pf the facilities WerB located rc~ suburban areas; a few were in scenic, rural areas. Source Numbers 7, 11,12. 13, 18, 98, 102, 214, 378. 407, 440 Trip Generation, Eitft Edition 676 Institute of Transportation Engineers 1~-15-2~ 10~ 5[~art 5i© 42E, 3 4[i P.13~ ,e v ~ 1 SL "t ~ ~ . 1 x l i t 'w l a ,,~ v t ~' Yltll - ~~~ay-1,,,1 i 3 a~.v ~ ~'-'-K-= ~, ~'':~ t jt~Ri1,'~JL c 4r- y~ Lr ail „~~~ ~ ~, a .i~s ~ ~.~ ` ,~ ,k-. Irv, I fir ~ r ~r ..; .'n~" -r_r ~ _ ''' :vim. tom. a a ~7'' ' ., ~'!` t~11 ,i • ~. ~ ~, 1t i ~)}~ ~{~,~ F1 t I '~ P..q ~~4 ~ ~ i p1 l!'1< ~~ z r 7 3x'~i, ~ - ~; )~ Y ~. ~- • y k ~ ~ ~ ~ ~ ~ 4 ~Y h~ ~ ~ ~.1 ;ti r ~~~ H a ~. 4 ~E~t 4 h 3 rrs S6.` r'.; d 1:.Y' v 'rf~'_ ~~ ~ ~ c- S ri Vh t ~vt ~~~ .~ ~ ~ ~rYY„a~x~e ~Y ,.n['~'~ x _ ~~4 ~~. ~-~ .7 - ",'a rfRM1^4 '~ ~{v ?~~-' _ M' 7 w S ~ ~~+. 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'" ~ wGBww'~ E '~'S u~~'A ~'';~~'A,i ~ '~vY1' YEA®OIV° STRUCTURES ~ ~~-° y x ;~~` ~~`"~ ,~ ~` :'~~ ?-" xm '~' 3 '~ 71ti,3~,'bl ~`axx ,,, ~SV ~11~.... s.F`~i rig. ~ar'^,y'~ '.~Aif~~~4: ARE CUSTOM DESIGNED TO CUST®MER'S SPECIFIC NEEDS Over 30 years experience in the Air-Sup ported Structure Industry, has earned Yeadon® the reputation as the industry leader in quality and technology. Our state of the art, energy efficient struc- tures incorporate the latest innovations in design, anchoring, mechanical and electrical systems. Yeadon° structures meet and exceed industry standards including Air Struc- tures Design and Standards Manual ASI, ASCE, CSA CAN-S109, NFPA 701, UBC, BOCA and are accepted by most building codes for permanent and temporary uses. YEADON® R-PLUS INSULATED STRUCTURES REDUCE ENERGY COSTS Yeadon's R-Plus insulated structures use glass fibre insulation installed in the liner cavity, to reduce the energy costs of air conditioning and heating. 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Yeadon® uses state-of-the-art high efficiency process which efficiently reduces handling and produces the highest quality seaming. ~~•~gg~'~,~ _- _ - - - ,tl eL ~~S9.Vnw PACIFIC CLUB, HONG KONG Air-conditioned Tennis Structure; Kowloon, Hong Kong WIDESPAN STRUCTURES ARE DESIGNED WITH A CABLE REINFORCEMENT FOR ADDED STRENGTH Yeadon° widespan structures use a steel wire cable-reinforcement system fo carry aerodynamic and inflation loads from the membrane to cable anchors. Cables are corrosion resistant, linked to the membrane by sleeves, and are con-, tinuous from anchor to anchor. Our computer designed specifications for each individual cable-reinforced struc- ture assures the most efficient and aes- thetically pleasing design solution. ~.~~I ~F~ ~~„ ~~ GREEN VALLEY ATHLETIC CLUB'S new insulated four-court tennis structure, Henderson, Nevada, U.S.A. engine, powered by natural gas, propane or diesel fuel. The system will start automatically in the event of a power failure to maintain pressure in the structure. The standby system also has an electric motor which starts auto- matically when low pressure is detected in the structure. For large structures, generators are often added for additional protection. The units are weatherized, highly reliable proven components, which meet Yeadon's rigid standards of quality and reliability. YEADON'S ANCHORING SYSTEM IS AIRTIGHT, LOW-COST AND EASY TO INSTALL Not only is our extruded aluminum channel anchoring system the most air-tight, and water-resistant base attachment available, but it makes Yeadon® the fastest and easiest structures ever devised for seasonal put ups and take downs. This system employs an extruded anodized aluminum channel cast into a concrete beam which provides an air-tight, water resistant seal without mechanical penetration of the fabric. 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Web Site: www.yeadon.on.ca vin nnni ~ ~ ronioann Outdoor Recreation Properties Owned by the Town of Vail (1 of 5) West Vail N Tovm Boundary (~ Parcels Gore Creek '~ Outdoor Recreation Properfies N MAP NOT TO SCALE `C\x^ .\ / } o m _ °~ ~~ s ~. Y~~ =~Y~e ; w. // r ~U ~.~~~~ _ .~,_„ ~. ~~~~~~ ,,. ~- ~, .~ _ _ ,~ ~, .. .~ ,. ~ ~ _~y _ - = ~ _ - - ~~ ~ /~ y.\N ~ _ '~ ~ ~ '... 6 '~ L .. / L ~/ ~°i • ~. ' v S''. _ .. e ` .. ` .. a. ~. __ ~~3.~t~ ie.~ TOWN OF VM, Produced by the Department of Community Development Attachment: E ORDINANCE N0.28 Series of 2002 AN ORDINANCE AMENDING SECTION 12-8B-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "SEASONAL USE OR STRUCTURE" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT; AMENDING SECTION 12-2-2 (DEFINITIONS), VAIL TOWN CODE, TO AMEND THE DEFINITIONS OF "SEASONAL USE OR STRUCTURE," "RECREATION STRUCTURE," AND "RECREATIONAL AMENITY," AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; 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: Ordinance No. 28, Series 2002 ~ ' !;'.... Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended"as`~~ ~? .. '~~ n~~ follows: (deletions are shown in ~+r;~o +"~^~ ~^"additions are shown bold) follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access National forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Seasonal Use or Structure Ski lifts, tows and runs. Well water treatment facilities. Section 2. Section 12-2-2 of the Vail Town Code shall hereby be amended as (deletions are shown in'~i-I~~i/additions are shown bold) 12-2-2: DEFINITIONS: RECREATION STRUCTURE: Any covering erected over a recreational amenity~s#~ which is not a seasonal structure. For the purposes of this Title, a recreation structure shall constitute site coverage but shall not be subject to building. bulk control standards. Any recreation structure is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. Ordinance No. 28, Series 2002 2 SEASONAL USE OR STRUCTURE: A temporary covering erected ' , to accommodate educational, recreational, and cultural activities ~eio~+hor .,,.,r,+h~. Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure 's subject to design review. Section 3. 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 4. 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 5. 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. Ordinance No. 28, Series 2002 3 Section 6. 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 15th day of October, 2002 and a public hearing for second. reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 28, Series 2002 4 4 Attachment: F October 2, 2002 Town Council C/o Town of Vail 75 S. Frontage Road Vail, CO 81657 Cc: Planning Commission Sirs -for certainly no woman would think this one up... I am given to understand that there are plans afoot to create a domed ice skating rink in my back yard. OK. We as humans are driven by improvement, and although the old ice skating rink was romantic and served our neighbors well, it was, perhaps a wee bit wild and wooly. But those served by this new edifice are not our neighbors. They are folk from down the road who would be better served by a rink near them. The problems that this new domed rink would cause, is causing, have filled gatherings for the past two years and come down to that bottom line known as the noise and litter of others. I have no problem with my fellow man. I am a proponent of diversity, be it gender, age, class, race, or choice of leisure time diversion. But I have worked hard to earn the lifestyle that lets me reach out to that diversity, .and when I want peace and quiet I can stay home and have that too. I don't feel that I need, as per the concept of forced busing, to be careened into the leisure choices of others, especially when those choices eat up mine. An attraction that brings with it lights and noise does not go into a neighborhood that is known for its peace and quiet. It goes down to the Village of Avon where the action is. And know what else? Fewer late night car accidents on the interstate... I got a little riled when I heard of this invasion of the idyllic Golf Course neighborhood. And then I heard the why of this project -because someone didn't manage well the Dobson fix up, and now Dobson must be used for bigger markets and the school skaters must go elsewhere. Money for Vail comes from the philanthropic pockets of places like Sunburst Lane. Isn't there something about biting off the hand that feeds it? Wasn't a big parcel of golf course land given by a resident with the hitch that it be used for out door sport? As I was saying, I got a little riled. And then I•heard there is a Part B to this, er, plan: covered golf course so the golfers can play all winter. I want whatever the Town Council's smoking. Life sounds better there. Cordially . ~~j '' •~'~r~~~~L~Z2~ L Celeste Callahan 2039A Sunburst Lane and 1875 Sunburst Lane ,,, S~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 14, 2002 SUBJECT: A request for recommendation to the Vail Town Council, to allow for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto; and a conditional use permit, to allow fora "public utility and public service use" in the Outdoor Recreation zone district, located at an unplatted parcel within the Southwest Quarter of Section 3, Township 5 South, Range 80 West of-the Sixth Prime Meridian, generally located south of the I-70 right-of-way, north of Gore Creek, and west of 2450 Frontage Road East (Water Treatment Plant) within the Vail Golf Course. A complete metes and bounds description is available at the Department of Community Development. Applicant: Public Service Company of Colorado Planner: Bill Gibson I. SUMMARY The applicant, Public Service Company of Colorado, is requesting a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto; and a conditional use permit, to allow fora "public utility and public service use" in the Outdoor Recreation zone district located within the Vail Golf Course. Based upon staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit and forward a recommendation of approval to the Town Council of the requested text amendments, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Public Service Company of Colorado, is requesting a text amendment to Section 12-86-3 (Conditional Uses), Vail Town Code, to allow "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto; and a conditional use permit, to allow fora "public utility and public service use" in the Outdoor Recreation zone district located within the Vail Golf Course. This proposed text amendment and the conditional use permit request are intended to facilitate the construction of a natural gas regulator station at the Vail Golf Course. The purpose of this proposed natural gas regulator station is to increase the supply of 1 _~ natural gas to the East Vail area to address low pressure and loss of service problems associated with the limited capacity of the existing natural gas distribution system. The proposed natural gas regulator station at the Vail Golf Course will accomodate the installation of a low pressure natural gas line connecting existing utilities at Sunburst Drive to the high-pressure natural gas main located along the south side of the Frontage Road. The proposed natural gas regulator station will consist of the natural gas regulator and its enclosure. The proposed enclosure is an 8 ft. by 6 ft. shed approximately 10 ft. in height. The enclosure had been designed to match an existing well water treatment facility currently located at the Vail Golf Course in design, materials, and color. The applicant's description of the text amendment, conditional use permit, and design review requests have been attached for reference (see Attachment C). Also attached for reference are easement survey drawings, photographs of the site, architectural drawings of the proposed enclosure, Outdoor Recreation zone district maps, and a draft version of Ordinance No. 29, Series 2002 (see Attachments D - H). III. BACKGROUND In October of 1991, the Town Council adopted the "Development Code Revision Report, Phase I." In May of 1993, the Planning and Environmental Commission began its review of proposed text amendments prompted by this report to amend the Greenbelt and Natural Open Space zone district and the Public Use zone district, and to create a new outdoor recreation oriented zone district. The initial approach to these code revisions consisted of amending the Public Use zone district and the Natural Open Space zone district, as well as, renaming and amending the Agriculture and Open Space zone district to create a new Recreational Open Space zone district. The Planning and Environmental Commission expressed concerns about allowing buildings within zone districts intended for open space, and recommended the elimination of some proposed conditional uses in the Recreational Open Space zone district such as single family residential dwellings, churches, rectories, schools, colleges, convents, seasonal use or structure, etc. The Planning and Environmental Commission also expressed concerns about the impacts that eliminating the Agriculture and Open Space zone district could have on established individual property rights. Upon further deliberation, the Planning and Environmental Commission directed staff not to rename and substantially amend the Agriculture and Open Space zone district to the proposed Recreational Open Space zone district, but instead make amendments to the Public Use zone district and Natural Open Space zone district, and to create a separate recreation oriented zone district and to rezone certain Agriculture and Open Space zone district properties to this new district. This new district was intended to fit between the less restrictive Agriculture and Open Space zone district and the more restrictive Greenbelt and Natural Open Space zone district. 2 On October 4, 1994, the Town Council adopted Ordinance 21, Series of 1994, to amend the provisions of the Public Use zone district and the Natural Open Space zone district, and to create the Outdoor Recreation zone district. As adopted, the Outdoor Recreation zone district only allowed well water treatment facilities and no other public utility and public service uses as a conditional use. Currently, all Outdoor Recreation zoned properties within the Town of Vail are owned by the Town of Vail. At its October 2, 2002, the Design Review Board conceptually reviewed the proposed natural gas regulator station. The Board directed staff to "staff approve" the station with the condition that the natural gas regulator station match an existing well water treatment facility currently located at the Vail Golf Course in design, materials, and color. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. 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 3. 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 4. The extent to which the. text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Action: The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking- areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. 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 3. 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 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 4 Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) The general purposes for Title 12 (Zoning Regulations) are described in Section 12- 1-2, Vail Town Code. Applicable portions of this section include the following: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 11. To otherwise provide for the growth of an orderly and viable community. Based upon Section 12-2-2, Vail Town Code, the proposed natural gas regulator station is a distribution facility of public utilities and is not defined as a "structure." Therefore, the proposed natural gas regulator station is not subject to many of the development standards prescribed by the Town of Vail Zoning Regulations (Title 12, Vail Town Code). The definition of "structure" as prescribed by Section 12-2-2, Vail Town Code, is as follows: Structure: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts maybe exempted from this definition. The Vail Golf Course is zoned Outdoor Recreation (OR). Pursuant to Section 12- 8B-1 (Purpose), Vail Town Code, the purpose of the Outdoor Recreation zone district is as follows: 5 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. The applicant is proposing to amend Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district. Section 12-16-1 (Purpose, Limitations), Vail Town Code, identifies the purpose for a conditional use permit as follows: 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 maybe locafed 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. Town of Vail Land Use Plan The Town of Vail Land Use Plan designates the Vail Golf Course and many other Outdoor Recreation zoned properties as Park (P). This land use designation is described by the Town of Vail Land Use Plan as follows: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf course and playgrounds, as well as areas for various passive recreation activities. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. 6 Town of Vail Comprehensive Open Lands Plan The Town of Vail Comprehensive Open Lands Plan identifies this site as part of the golf course and the Action Plan simply designates the area as an existing "developed park" with no recommendations specific to this site. VI. SITE ANALYSIS Zoning: Land Use Plan Designation: Current Land Use: Hazards: Outdoor Recreation (OR) Park (P) Golf Course None VII. VIII. Development Standard Allowed Existing Proposed Setbacks: N/A N/A N/A Building Height: N/A N/A N/A Density: N/A N/A N/A GRFA: N/A N/A N/A Site Coverage: N/A N/A N/A Landscape Area: N/A N/A N/A Parking: N/A N/A N/A SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT I-70 Right-of-Way Unzoned South: Golf Course Outdoor Recreation (OR) East: Golf Course Outdoor Recreation (OR) West: Golf Course Outdoor Recreation (OR) CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The general purposes for Title 12 (Zoning Regulations) are described in Section 12- 1-2, Vail Town Code. Applicable portions of this section include the following: 7 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 11. To otherwise provide for the growth of an orderly and viable community. Staff believes that a text amendment allowing a public utility and public service use as a conditional use in the Outdoor Recreation zone district meets the intent of the above mentioned items by facilitating the construction of effective and efficient utility distribution systems within the Town of Vail. Section 12-8B-1 identifies the purpose of the Outdoor Recreation District as follows: 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. Staff believes that a text amendment allowing a public utility and public service use as a conditional use in the Outdoor Recreation zone district will facilitate the effective and efficient distribution of utilities within the Town of Vail which are essential for providing active and passive recreation areas, facilities and uses within the Town of Vail. 2. 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 The Town of Vail Land Use Plan designates the Vail Golf Course and many other Outdoor Recreation zoned properties as Park (P). The Park land use designation is described by the Town of Vail Land Use Plan as follows: 8 Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf course and playgrounds, as well as areas for various passive recreation activities. Staff believes that a text amendment allowing a public utility and public service use as a conditional use in the Outdoor Recreation zone district will facilitate the effective and efficient distribution of utilities within the Town of Vail which are essential for providing recreation activities within the Town of Vail. Staff also believes that as a conditional use the Planning and Environmental Commission can ensure that any proposed public utility and public service use is consistent with the Town of Vail Comprehensive Plan through the imposition of conditions and limitations pursuant to the provisions of Section 12-16-1, Vail Town Code. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Staff believes that a conditional use permit for the proposed public utility and public service use in the Outdoor Recreation zone district meets the intent of the above mentioned items by facilitating utility services that keep pace with increased growth and demand within the Town of Vail. 3. 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 The demands for utilities such as natural gas have continued to increase with time. The existing natural gas distribution system within the. Town of Vail was originally constructed in the mid-1960's and is no longer adequate to meet the community's utility needs. During the 2001-2002 winter season, the East Vail area experienced periods of low natural gas pressure and losses of natural gas service due to the limited capacity of the existing distribution system. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments provide a harmonious, convenient, workable relationship among land use regulations in that the proposed revisions to Section 12-86-3 are similar to existing use regulations prescribed in other zone districts within the Town. Staff also believes that as a conditional use the 9 Planning and Environmental Commission can ensure that any proposed public utility and public service use is consistent with the Town of Vail Comprehensive Plan through the imposition of conditions and limitations pursuant to the provisions of Section 12-16-1, Vail Town Code. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the followin findings before forwarding a recommendation of approval for of a text amendment: That 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 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. The review criteria for a request of a conditional use permit are established by the Town Code. The proposed public utility and public service use is located within the Outdoor Recreation zone district. Therefore, contingent upon adoption of the aforementioned proposed text amendments, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16 (Conditional Uses), Vail Town Code. C. Consideration of Factors Regarding the. Conditional Use Permit: 1. Relationship and impact of the use on the development objectives of the Town. The general purposes for Title 12 (Zoning Regulations) are described in Section 12-1-2, Vail Town Code. Applicable portions of this section include the following: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 10 B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 11. To otherwise provide for the growth of an orderly and viable community. Staff believes that a conditional use permit for the proposed public utility and public service use meets the intent of the above mentioned items by expanding the capacity, effectiveness and efficiency of the natural gas distribution system within the Town of Vail. Section 12-8B-1 identifies the purpose of the Outdoor Recreation District as follows: 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. Staff believes that a conditional use permit for the proposed public utility and public service use will facilitate the effective and efficient distribution of utilities within the Town of Vail which are essential for providing recreation activities within the Town of Vail. Staff also believes that as a conditional use the Planning and Environmental Commission can ensure that any proposed public utility and public service use is consistent with the Town of Vail Comprehensive Plan through the imposition of conditions and limitations pursuant to the provisions of Section 12-16-1, Vail Town Code. The Town of Vail Land Use Plan designates the Vail Golf Course as Park (P). This land use designation is described by the Town of Vail Land Use Plan as follows: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf course and playgrounds, as well as areas for various passive recreation activities. Once again, staff believes that a conditional use permit for the proposed public utility and public service use will facilitate the effective and efficient distribution of utilities within the Town of Vail which are essential for providing recreation activities within the Town of Vail. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 11 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Staff believes that a conditional use permit for the proposed public utility and public service use meets the intent of the above mentioned items by facilitating utility services that keep pace with increased growth and demand within the Town of Vail. The Town of Vail Comprehensive Open Lands Plan identifies this site as part of the golf course and the Action Plan simply designates the area as an existing "developed park" with no recommendations specific to this site. Therefore, staff believes that this proposed conditional use permit request meets the development objectives of the Town of Vail Comprehensive Open Lands Plan. Staff believes that this proposal meets the development objectives of the Town of Vail, and the objectives of the applicable master plans. 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 that a conditional use permit for the proposed public utility and public service use is critical to the effective and efficient distribution of natural gas within the Town of Vail. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that a conditional use permit for the proposed public utility and public service use will have no significant negative impact on the above mentioned items. 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 Design Review Board has conceptually reviewed this proposal and directed staff to approval the proposal with the condition that the natural gas regulator station match the water treatment facility on the Vail Golf Course in design, color, and material. Staff believes that this proposal will have no significant negative impacts in comparison to the existing site conditions on the above- referenced criteria. 12 D. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the proposed text amendment to Section 12-8B-3 (Conditional Uses), Vail Town-Code, to allow for "public utility and public service use" as a conditional use in the Outdoor Recreation zone district. Staff's recommendation is based upon the review of the criteria in Section VI II of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That 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 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. The Community Development Department recommends approval with conditions for a conditional use permit, to allow fora "public utility and public service use" in the Outdoor Recreation zone district, at the Vail Golf Course. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 13 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: This approval shall be contingent upon the Town Council's adoption, by ordinance, of the associated proposed text amendment to Section 12-8B-3, Vail Town Code. 2. The proposed natural gas regulator station shall be relocated west of its proposed location to the west side of the existing gravel Golf Course access drive along the Frontage Road. The applicant shall revise the proposed easement and survey documents, to the satisfaction of the Town of Vail Public Works Department, to address this relocation. X. ATTACHMENTS A. Public Notice B. Vicinity.Map C. Correspondence from the applicant D. Easement survey drawings E. Site photographs F. Architectural plans G. Outdoor Recreation zone district map H. Draft Ordinance No. 29, Series 2002 14 Attachment: A 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 of the Municipal Code of the Town of Vail on October 14, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a recommendation to the Vail Town Council for an amendment to the-Town of Vail Land Use Plan and the Vail Village Master Plan, to facilitate the construction of "Nail's Front Door" project and associated improvements and setting forth details in regards thereto, located on an unplatted parcel, generally located south of the Lodge Tower and west of the Vista Bahn Ski Yard. Amore complete metes and bounds description is available at the . Department of Community Development. Applicant: Vail Resorts Development Company Planner: George Ruther A request for a recommendation to the Vail Town Council, to allow for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "seasonal use or structure" as a conditional use in the Outdoor Recreation zone district; text amendments to Section 12-2- 2 (Definitions), Vail Town Code, to amend the definitions of "seasonal use or structure," "recreation structure," and "recreational amenity," and setting forth details in regards thereto; and a request for a conditional use permit, to allow fora "seasonal use or structure," in the Outdoor Recreation zone district, located at 1778 Vail Valley Drive/an unplatted tract of land within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3~d Filing within the Vail Golf Course, more specifically described as follows: That part of Section 9, Township 5 South, Range 80 West of the 6'h Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-of-way line: (1) 119.32 feet along the arc of a curve to the left, having a radius of 135.00 feet, a central angle of 50°38'21" and a chord that bears N72°59'22"W, 115.47 feet; (2) S81°41'30"W, 187.43; thence, departing said northerly right-of-way line, N08°18'30"W, 266.90 feet; thence N79°28'56"E, 939.41 feet; thence S11°28'38"E, 91.78 feet; thence S40°01'19"W, 490.77 feet; thence S77°00'32"W, 165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'56"W, 144.27 feet to the point of beginning, containing 6.47 acres, more or less. Applicant: Vail Junior Hockey Association and the Vail Recreation District Planner: Bill Gibson TOWN OF NAIL ~' 1 A request for recommendation to the Vail Town Council, to allow for a text amendment to Section 12-8B-3 (Conditional Uses), Vail Town Code, to allow for "public utility and public service uses" as a conditional use in the Outdoor Recreation zone district and setting forth details in regards thereto; and a conditional use permit, to allow fora "public utility and public service use" in the Outdoor Recreation zone district, located at an unplatted parcel within the Southwest Quarter of Section 3, Township 5 South, Range 80 West of the Sixth Prime Meridian, generally located south of the I-70 right-of-way, north of Gore Creek, and west of 2450 Frontage Road East (Water Treatment Plant) within the Vail Golf Course, more specifically described as follows: A parcel of land lying in Section 3, Township 5 South, Range 80 West of the 6`h P.M., Eagle County, Colorado, being more particularly described as follows: commencing at the southwest corner of said Section 3, whence the northwest corner of Lot 14 Vail Valley Third Filing bears S07°42'53"E, 474.77 feet and whence the northeast corner of Lot 16 of said Vail Valley Third Filing bears S26°20'09"E, 698.51 feet; thence N56°01'08"E, 921.55 feet to a point on the south ROW (right-of-way) line of Colorado State Highway No. I-70, said point being the true point of beginning, thence N73°43'36"E, along said south ROW line 75.00 feet; thence S16°16'24"E, 25.00 feet; thence S73°43'36"W, 75.00 feet; thence N16°16'24"W, 25.00 feet to the true point of beginning, containing 0.04 acres more or less. Applicant: Public Service Company of Colorado Planner: Bill Gibson A request for a modification to the 100-year floodplain, to allow for grading in the floodplain to modify the Gore Creek Whitewater Park, located at the Gore Creek Promenade/Tracts I & A, Block 5B, Vail Village 15t Filing, and setting forth details in regards thereto. Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson A request for an interpretation of the maximum height and calculation of average maximum height requirements in the Lionshead Redevelopment Master Plan. Applicant: Town of Vail Community Development Department Planner: George Ruther A request for final approval of a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12-7A-2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12-7A-10 (Landscaping 8~ Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1St Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun, Associates, Inc. Planner: George, Ruther/Warren Campbell 2 A request for a final review of a variance from Section 12-6D-6 (Setbacks), Vail Town Code, to allow for an addition within the required setback, located at 2943 Bell Flower Drive, Lot 4, Block 6, Vail Intermountain. Applicant: Alan Budd Zuckerman Planner: Warren Campbell A request for a.worksession to amend Chapter 12-15 (Gross Residential Floor Area), Vail Town Code, to discuss modifications and/or elimination of the Gross Residential Floor Area regulations in all zone districts and setting forth details in regards thereto. Applicant: Vicki Pearson, et.al. Planner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 27, 2002 in the Vail Daily. 3 Rro os~d'~~Na~A~ ~a~'`} as,;RQ ulator. Station y.A. `~ ' ~ l~ , p~ }~ _ ~ .. .. ~ ~.. a . - i`•~ ~- _ r- A~` ri ,, i~ T~ _ _ «, "~ F Tai.'. '` h, , ! ~ -... ~ 1 ': ,^ .! t i r ~ , ~ 6 a., ~ ~, L~ ~ ,~~ I .~ F :?~iY ~._ f~ `y ~ `pk~~u '~'. t ~f Y ~: •.h,. -~t`1'~ ~~F ...~ .. -~ ~ .w ~~ ~~' ,. .F ,r -A'' i~ ... • ' ~ ~ -ice.-~ ... •x.+ h ~ .~~ ~.~ .*F`': ~. ~ ._ .J• I C. a1.y _ ' .. ~ - - _- ~y _,,,;. ~r - `F~ cyF'1.. 7 :~F ~~. ~ys',S tc fC„~ ~~,. kf r}.~. _ s... . b~. ~'Y}~ %f ,4 y ~} _ ~ _ "Y ~' ~: 5 '~Y rt _ - .F. I _ _ z _ •>. _. 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IrI ~ .. i 4 r If ~ X11 ~' = r -fir ~ ~r ni t E .r _. _ ,,,~ II~/ ~~~-y y ~. ~n f~,~ ~ qtr ~1 ~~.~ t - t -., t, F. -. -.. ~ r.-^ ~,~ _ ~ `;`~'~ yt r••r,t_Z_.. 4` IF- ,~•% i* ~i ~-~-S-~~A ~f:t ~'~1~•} t.4`~.. ~9 ~~•_ ~. ~~r y,r> i~4 ~, .`R-., ~~~^ .~xVT yt~4-'~,~~y f}~'!~+r ,~,~~>f+~,~yrn~,,,Rj. 6.~~ ~.. .. ~ I - `t! y L l 1 ~}- '~ ~ _ - s y -~ 7`".-, _S ~~ ~'~'' ?t ~"f '. r~ "~.. a ~- `I~ ~_~ ,1"`C~tx'~ ~"y~',-'y ~#k,'~ ~ 4?1~'~. `~~i~~~•~*~ ', ~7' _ <t1' ~,~~i~f:~.y~' ~~`-- `~ f..~;~ y ~R. 1~ ~,.,~,~+~ ~:fi, '° `µ a J, ~ ,i~~r~~,! •~~`y ~:~.~~ ~~,F ~ ~? ~ ~ 'L' ~~~~ ~ r~~~I}L `-~" x•R. ~s~~, r b ,~.~ ~~~~ r ."'~a t 't., ,{.~ 1, ~;'. .`t ~;4.~y~~ ,~ `.fir is 0+. ~, •,~<~.~ ~~. • ~r ^«Y .. _ t ..n' ~}, y. .. ,. ` ~ ,r+ ~ ~ 7~ } J,"tati -t~ i j ~ ~~ - 'rr .mutt .rte ~ ~h ,y;~ ~`VT` ".. ~ f ,y~~p ,~."rs ~?ml ~, ~..k. ~ ~.~+°~`' ; -!t ~ .. ~ ~, , t ~ .. -, t.~+ T.t ~~i t k Fit". SJ ~ 4 ~` 1 ;. ~'~t ~ a5-f 7 ,"t ~ ~ .~" ~ 1 i . ~. + • `"~ F "f 4 r t, ~ ~.r'~„'e-~t-.r u~'~ ~F W rF ~ ~~ -- _ ~'~l l~° c ,. 3 _ ~ .~, . .. J . • +100 g. 1[70 b0 00~ e ~ ~`w '8 . F et _ _ -_ - _ L _'~P.~ .T, fah..-.-f,, Attachment: C Xcel Ener ySM 9' PUBLIC SERVICE COMPANY Town of Vail Recreation District 75 South Frontage Road Vail, CO 81657 RE: East Vail Reinforcement Plan Sunburst Drive Gentlemen: Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 3 03.571.7799 Fa cs i m i I e: 303.571.7877 This past summer Public Service Company of Colorado - "PSCo" approached the Public Works Department in an effort to preview a project to supply additional natural gas service to customers living in East Vail. Last heating season some customers in the East Vail area experienced loss of natural gas service due to low pressure problems. These low pressure problems can be attributed to a number of factors: The East Vail area is on the tail end of PSCo's natural gas distribution system; and PSCo purchased the original gas distribution system in the mid-1960s. This system cannot deliver the capacity necessary to serve the East Vail area due mainly to the growth in this specific area. The owners in this area are building larger homes with a need for higher volumes of gas to service these dwellings. One option that would increase supply of natural gas in the East Vail area would be to tap an existing PSCo high-pressure gas pipeline that currently parallels Gore Creek on the Vail Golf Course property. There would need to be an above ground regulator station to allow PSCo to increase their pipeline to a 4" diameter. This 4" distribution pipeline would then connect with the existing system thereby providing the natural gas necessary to serve your residents this winter. Due to the sensitive nature of the proposed regulator site, PSCo has taken steps to locate the facilities in an area causing the lease amount of disturbance. Furthermore, PSCo understands the importance of your golf season and will coordinate commencement of operations when the golfing season subsides. Unfortunately, the Outdoor Recreation District does not allow for the placement of above ground public utilities in this specific area. An initial review of the steps necessary for PSCo to propose a Text Amendment to the Town Code would mean waiting until mid- November to receive approval for this project. I send this letter in an effort to inquire if there are any steps that PSCo or the Town of Vail can take to facilitate the Text Amendment and move the approval of this project in the early part of October. PSCo realizes the need for the Town ~of Vail to control the growth and architectural integrity of the buildings in this area. However, this may be a circumstance whereby the people of the East Vail area benefit by the expedience of your approval of the project. We realize we are delivering this letter in conjunction with PSCo's submittal of the Application for Design Review, the Conditional Use Permit, and the Proposed Text Amendment. However, any assistance you may provide to facilitate the approval of this project would be greatly appreciated. Once again, thank you for your time and consideration in this matter. Please contact me at (303) 233-8700 should you have any questions or need additional information. Very truly yours, igService Company of Colorado J. Wilkie`- ~ting Agent- Siting and Land Rights cc: Al Morganfield Xcel EnergySM PUBLIC SERVICE COMPANY September 12, 2002 Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Application for Zoning Code Amendment Request for Revision of 12-8B-3: Conditional Uses Gentlemen: Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Fa cs i m i I e: 303.571.7877 Please accept this letter and the accompanying Application for Zoning Code Amendment for your review of the same. Public Service Company of Colorado "PSCo" requests the Revision of Chapter 12-8B-3 to include the language "Public Utility and Public Service Uses". PSCo submits this Application due to the increase in demand of natural gas use in the East Vail area. PSCo proposes to build a regulator station and tap into their existing high pressure gas line running adjacent to Gore Creek. Then, PSCo would construct a 4" low pressure underground natural gas distribution line to their existing distribution line located on Sunburst Drive.. I have . attached a drawing to assist you in locating the approximate path of the proposed Regulator Station and pipeline. PSCo has worked with the Vail Recreation District to locate the proposed facilities in areas that will have the least amount of disturbance. PSCo will not cut the existing I-70 frontage road. PSCo plans to construct a Regulator Station that will adhere to the current architectural integrity of existing buildings on the golf course.. Construction will not affect the home owners in the area and the pipeline will follow an existing golf course service road or cart path. :'-~% Town of Vail September 12, 2002 Page 2 PSCo's other option would be to place the Regulator Station near the junction of the I-70 Frontage Road and the beginning of Sunburst Drive. Construction of the pipeline at this location would be extremely disruptive to those people that live on Sunburst Drive or that utilize the golf course or trails in this area. PSCo would have to road cut Sunburst Drive and cause traffic disturbances. Last heating season some customers in the East Vail area experienced loss of natural gas service due to increased growth and gas loads. The new construction in this area in conjunction with the size and natural gas needs of the homes has rendered the capacity of the 1960 distribution system somewhat ineffective. This Zoning Code Amendment would allow PSCo the ability to deliver the natural gas required by the Town of Vail residents. Thank you for your time and consideration in this matter. Should you need additional information, please contact the undersigned at 303/233-8700. Very truly yours, PUBLIC SERVICE COMPANY OF COLORADO dre J. Wilkie Consulting Agent -Siting and Land Rights AJW/jm Enclosures Xcel Ener SM 9'Y PUBLIC SERVICE COMPANY September 12, 2002 Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: Application for Review by the Planning and Environmental Commission Conditional Use Permit Public Service Company of Colorado East Vail Reinforcement Project Gentlemen: Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Fa cs i m i I e: 303.571.7877 Pursuant to the submittal requirements for a conditional use permit the following comments address those issues raised by the Town of Vail in order to issue such permit: • Public Service Company of Colorado, "PSCo", purposes to constrict an above ground regulator station located in the SW/4 of Section 3, TSS, R80W. The regulator station will tap into an existing high-pressure natural gas pipeline owned by PSCo. PSCo will then install a buried 4" low-pressure natural gas distribution pipeline that will connect with an existing low-pressure pipeline presently located in Sunburst Drive. The proposed regulator station will be small in size (8' x 6') and approximately 10' in height. PSCo will take the necessary steps to use materials that are consistent with other buildings found on the Vail Golf Course. An Application for Design Review will be submitted to the Town of Vail in conjunction with this Application. • The relationship and impact to the Town of Vail will be of great benefit. Currently, the natural gas service in the East Vail a>tea is inadequate due to an increase in growth and gas loads. The addition of a 4" pipeline will provide the necessary service for current homes and future development in the East Vail area. • Due to the remote area of the golf course that the regulator station will be located, the effect on light, air, and other public facilities will be extremely minimal. The fact that the 4" pipeline will be buried below the frost line in an area of existing service roads or cart paths is evidence of our goal to disturb as little of the surface as practicable in this area. • Effects upon traffic will be minimal. The site where the proposed regulator station will be constricted is adjacent to the I-70 frontage road at an existing service entrance to the golf course. This location will provide PSCo the ability to constrict the facility with no road cut of the I-70 frontage road. The proposed location will allow convenient access to the Vail Fire Department in the event of an emergency. A PSCo employee using a standard size pick-up monitors the regulator station. An increase in traffic after this facility is built is basically non- _:_:-;, j; ~,. Town of Vail September 12, 2002 Page 2 existent. Since the facility is on the current PSCo high-pressure easement on golf course property, snow removal, parking and traffic flow are not of concern. • PSCo is planning to construct the facility and install the pipeline with as little disturbance to the existing golf course as practicable. PSCo does not plan to change the grade or contour of the existing topography. The pipeline will cross Gore Creek, however, PSCo will hang the pipeline from an existing cart bridge. The creek crossing will not include boring the creek bottom or affecting the flood plain in any manner. The construction of the pipeline and regulator station will not encroach or affect any wetlands. PSCo will practice customary erosion control when working near water in a sensitive area like the Vail Golf Club. Thank you for your time and consideration in reviewing our Application for a Conditional Use Permit. Hopefully this project will benefit the Vail Valley and its residents. Very truly yours, Public Service Company of Colorado Andre J. Wilkie Consulting Agent -Siting and Land Rights cc: Al Morganfield ~.. ' PUBLIC SERVICE COMPANY EAST VAIL METER STATION LYING 1N 43.183 ACRE PARCEL IN SECTIONS 3, 4 do 10, TSS, R80W OF THE 8TH P.M., EAGLE COUNTY, COLORADO ~ p,~ ~ ~ ~E N~~~ -~ERS~ P " ~;00.4000;E 1N L=.ea.2e R-5910.00 Delta-0'29'29' s7B•1 a'o9"W 6 f G. 34' COR SEC. 4 N89". B'40"W 1062.69' N00'02'30"W 365.00' N47'S7'09"W 417.73' -.tE iER STATION i•3<'25••E 43.183 ACRES 211.10' NE C[n NsE~a i~~~ N89'23'38"W zso.oo' 565'32'51"'W N82'07'09"W 140.00' 34C,00' 500'02'15"E 120.00' 57B'22'31 "W 161.38' 538'52'51 "W 600.C0' NC1E: N 7 3'44' 4~"E N82'16'16"E 88.38 202.20' S16'15'20"E 261.76' ss6-as'zz"w 3so.oo' svos' 22"w 2ss.ao' 563'06'22"W 665.00' LECAL DESCRIP710N IS DESCRIBED USING DEFLEC1lOk ANGLES 1Y17H NO BEA7ANG5 OVEN. BEARINGS SHONN HEREON PER EAGLE COUNTY AssESSOR's uAP. O 500 1000 SCALE: 1" 500' JSC, INC. P.O. BOX 1153 MEEKER, CO 81841 PHONE: (970) 878-5292 FAX: 878-5392 DATE 9-13-2002 JOB NO. 1088-83 ti 1 W 0 N 0 w n .~i d 3 cfl 7 .+ ~J O W :~:.::::`~~~ ~,m r ~uxv.~Y1N(~ COMPANY ~' P.o. Box 1~s3 MEEKER, CO 816 1 Phone (970) 878-5292 Fax (970) 878-.5392 ~JPLI~;' SERVICE COMPANY FAST VAIL • 4" LATERAL, `"~~ ~ SEC'IT~~IYS 3 & 10, TSS, R80W OF THE 6TH P.M. _rsTE H`c'NV,PY N0~ ]URSE TOTq tENGTw - 1g5?.?2' "``"'` - ° =? Page 2 o f 2 JSC, INC. gC«E: ,~_~.:,~ 9/6/2002 JOB N0. 1 088-83 ._. -. ,` ,_ PUBLIC SERVICE COMPANY /' EAST VAII, METER STATION IN SECTION 3, TSS, R80W OF THE 6TH P.M. EAGLE COUNTY, COLORADO `GNP FY NO ^^,,~ERS p,~E N \v ROW FENCE BRACE POST 1,~ 0 TELE. RISER Z .~ 1 EXIS iIN~ ~, ~o ,NPR GA.S ~ o. R`~~S~GF, LINE ~'' ~z ~ ~~ g ~`' \ ~,ti ~ O~ C ~~o SW SECTION T5S. R80'JJ 6TH P.M. / (ASPHALT) GOLF CART PATH SPRINKLER HEAD FOUND 1" STEEL EAR SET IN CGIJCF.ETE GOLF COURSE (GRAVEL) GOLF CART PATH 7.5' GAS LINE 7.5' EASEMENT 6 SCALE: i"-.0' N~3•q.3'36"~ 5 ~~~ r' a ; ~ cs rn_ ^ O O. NP ~ 5'~~ 6" W 53'43 3 20' WESTERN SLOPE GAS COMPa ~ EASEMENT (GRAVEL) GOLF CART PATH `~.wy, SPRINKLER c ~9`,s^ CGNTROL J A a `~ ' /' BGX ~ N .,Sl-', ~. ~ N ~. T. J W _ ~ ~~ NW LOT 14 ^+E :.OT 16 VAIL VALLEY 3RD FILING JSC, INC. JOB N0: 1088-83 DATE: 9-a-2002 REVISED:9/10/02 (TIE TO PCB) PAGE 2 OF 2 1N~ERS~Pj~ ~0 r1\GHwPY N~ \, TEL`. ROUV FtNCE RISER BRACE POST ' Z E~CI~iING~, ~ ~o C „~ ~.. ~A~`' ~ LINE 6'' ~. . ~3' 3 N~ 3 5•~~ ~ ~, ~. a ~ ~P~v ~ RAP v~a~ ® 3v' ~p'y~ .~. ;. ~o ~~S ~~ J ~~~ ST~ tiT ~~ S~ O,o . F c,~ s ~o~ ~ ..~~~ ~.. (ASPHALT) GOLF CART PATH ~ \ r~, ~PRINKI FR HF EAST VAIL METER STATION (~ ~~ ~~® ~~ SECTION TOWNSHIP 5 Sasrr,~-r RANGE 8p 4(Jlcry T SCALE: ~ "_ Z$'' ± (~T+a PRINCIPAL MERIDIAN _~GGE COUNTY, COLORADO DRAWN BY: /.{I!~' PLAT NO. DOCUMENT NO. 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Yf~~ T',. ~'~~*_ ~ i~ Y ~i'r'~~'!a',,~u~ f ,1 ~ e, r ~.°. a ._i~y ~, ~~ ~ d x ~ n - r F rn-s~a s~xt.cs~~ + -{2--~.. al,/V -yr~~~ S~.~rrt ~r -at~k t ,... ~ ~~~r ~'-~ r•, `:i2h '~~-~ z ~ _ ~ r~~) ~'~. ~.>3 - y~ ~~~~ '~'~ji ~:: ,k~ ~?~ ~ ~,~`~; r -~ti ~r,~{. i~~"~ ~+ r,1~t~ +"~tr1 r'. ~+~.e ~?.-~ rl. r ~... ~J ~. k Fy k~.ff- - .r~~.~~~ _ ~~[ ~'~'~~ r' ~~ ~R~'!},~•~~ -ir~ t' 1~ ySl[~,r r ~, i #y~q t~ ~~ ``r ' ~'• {,~'~~,y_a ° ~ ~'y 4~•n ~ T~• ~ ~ ~ ` ~~rq~ f '~ E # ~4~ -~~~~. ~r °. ~~ :L p {~ 0460-000.000 ! 0 IY~"r: i[~'+'~.~.i~.+~#;~~5 ~~~~.. ~i-~".. ~F~~~!~_.. -;~','.`~`",n~..dti~~ ~x a~, _~~ tai` n..~~~ rM_i.Ft~~-~~' w' ~:.~ ~~r~:."~}~!.i• ~ws. ._. .._ ...-~----r Outdoor Recreation Properties Owned by the Town of Vail (1 of 5) West Va i I N Tarn BourWary (~ Parcels Gore Creek ~'e' ~` Outdoor Reveation Properties N MAP NOT TO SCALE K\\x~'' \/I Z ~ i a°'. ~_ l~ s _ ~ %, rb A` w~. 9~` 6 s- ~.~~ ~ ~ u ~v t ~'~ ~ w 6 ~p ~ _a L \ 1.~ .s \ ~ Y / Y•/ ~1.~._ ..J~ -°' ~ s ~, _ R; i ' ~~ l Wt~~ ` ~~ ~ ~ ~~ \ . ~ ., ~^ ~~~ 5~4~ ~:;~ ~, ~.. { ;Y• f~ ~~ .~ f' ~' a~ 3 -: kv'tl , TOWN OF~VAIL ~~ Produced by the Department of Community Development D m L/ Attachment: H ORDINANCE NO. 29 Series of 2002 AN ORDINANCE AMENDING SECTION 12-8B-3 (CONDITIONAL USES), VAIL TOWN CODE, TO ALLOW FOR "PUBLIC UTILITY AND PUBLIC SERVICE USES" AS A CONDITIONAL USE IN THE OUTDOOR RECREATION ZONE DISTRICT, AND SETTING FORTH DETAILS IN REGARDS 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 Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, The Town Council has determined that the prohibition of public utilities and public service uses within the Outdoor Recreation zone district within the Town of Vail poses a risk to the public health, safety, and welfare; 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: Ordinance No. 29, Series 2002 ~ Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in ~~-gf~/additions are shown bold) 12-86-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access National forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses Ski lifts, tows and runs. Well water treatment facilities. Section 2. 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 3. 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. Ordinance No. 29, Series 2002 2 Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any 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 5. 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 15th day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 29, Series 2002 3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of,,: November, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 29, Series 2002 4 RESOLUTION NO. 16 Series of 2002 A RESOLUTION ADOPTING A FIVE YEAR CAPITAL PROJECTS PLAN; AND PROVIDING OTHER DETAILS RELATING THERETO. WHEREAS, Section 9.4 of the Town of Vail Charter requires that the Town Manager prepare a long range capital improvement plan for the Town Council's consideration; and WHEREAS, the Town of Vail has many capital needs; and WHEREAS, the redevelopment of Lionshead Village and improvements to Vail Village will require capital funding, which in turn will provide the economic opportunity to sustain public improvements to the Town of Vail's neighborhoods; and WHEREAS, the attached Exhibit "G" represents a 5-Year Capital Projects Plan and identifies the on-going capital maintenance and equipment replacement needs for the Town of Vail; and WHEREAS, the 5-Year Capital Projects Ptan identifies the estimated amounts to be expended and the years in which the these projects are proposed to be built; and NOW, THERFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That the 5-Year Capital Projects Plan is hereby adopted by the Town of Vail and shall establish the capital priorities of the Town. INTRODUCED, READ, APPROVED AND ADOPTED this 15'h day of October, 2002. ATTEST: Lorelei Donaldson, Town Clerk Town of Vail, Colorado Ludwig Kurz, Mayor Resolution No. 16, Series of 2002 Exhibit G Town of Vall Capital Protects Planning Document FY 2003 Beginning Fund Balance 1,800,000 Sales Tax 5,000,000 Other CPF Revenue 1,015,000 GF Reductions 750,000 RETT fund revenues for streetscape 1,000,000 Existing Revenues 7,765,000 TIFF Revenue 0 New Mill Levy (net) 1,900,000 Subtotal Potential New Revenues 1,900,000 Total Funds Available 9,665,000 CAPITAL MAINTENANCE DEBT SERVICE 1,875,949 Equipment Purchases 1,804,372 Capital Street Maintenance 795,000 Street Reconstruction 340,000 Buildings and Improvements 955,000 Housing Program 100,000 Miscellaneous Improvements 100,000 Subtotal Capital Maintenance 5,970,321 NEW PROJECTS Fire Station (COP) 350,000 Village streetscape (Hanson Ranch Rd) 665,000 Reimb Project Cos/s (200,000) h'ea/Reimb (69,000) NelProjec/ 396,000 East Vail Repeater Site 300,000 911 Upgrades 200,000 Children's Fountain (heated) 750,000 Heal Reimb (136,000) Ne/Project ~-- .` 614,000 ~ I-70 Noise 250,000 Subtotal 03 Protects 2,110,000 East Meadow Drive (no heat) Reimb Projec! Cos/s Ne/ Projec/ West Meadow Drive Reimb Projec/ Cos/s Ne! Projec! Public Restrooms Loading & Delivery Village streetscape (Bridge Street & Gore Creek Drive Reimb Projec! Cos/s Heal Reimb Ne/Projec! Subtota104 Projects Frontage Road Improvements Lionshead Pedestrian Plaza West LH Circle East LH Circle East LH Portal Village streetscape (W. Gore Creek Drive) Heal Reimb Ne/Projec/ Lionshead Intermodel Site Reimb Projec! Cos/s Subtotal 05 Protects Parking Improvements Reimb Projec/ Cos7s Ne/Projec! Village streetscape (Wall StreeUFounder's Plaza) Hea! Reimb Net Project Public Restrooms Subtotal OB Projects Village streetscape (Checkpoint Charlie/Willow Bridge/Gor e Creek Promenade) Hea/Reimb NelProjec/ Library Renovation Neighborhood Streets Skate Park Frontage Road Improvements Reimb Projec/ Coss Subtotal 07 Projects Total Expenditures 8,080,321 Revenue Over (Under) Expenditures 1,584,879 Ending Fund Balance 3,184,676 FY 2004 FY 2005 FY 2006 FY 2007 3,184,879 13,800,580 985,281 (4,868,043) 5,000,000 5,000,000 5,000,000 5,000,000 1,600,000 750,000 500,000 500,000 750,000 750,000 750,000 750,001 1, 000,000 1,000,000 1,000,000 1,000,000 8,350,000 7,500,000 7,250,000 7,250,001 13,000,000 1,900,000 2,000,000 2,000,000 2,000,000 14,900,000 2,000,000 2,000,000 2,000,000 23,250,000 9,500,000 9,250,000 9,250,001 2,294,099 2,315,299 2,317,324 2,322,099 1,651,000 1,275,000 619,000 1,090,000 750,000 920,000 942,000 1,062,000 0 0 0 0 859,000 700,000 900,000 800,000 100, 000 100, 000 100, 000 100, 000 100,000 100,000 100,000 100, 000 5,754,099 5,410,299 4,978,324 5,474,089 350,000 350,000 350,000 350,000 250,000 250,000 250,000 250,000 1,300,000 (400,000) 900,000 2,100,000 (400,000) 1,700,000 350,000 2,000,000 2,980,000 (1,000,000) (650,000) 1,330,000 6,280,000 10,000,000 9,000,000 1, 500,000 1,000,000 3,000,000 2,570,000 (745,000) 1,825,000 12,000,000 (22,000,000) 16,325,000 15,000,000 (7,500,000) .,.7,500,000. 1,905,000 (450,000) ~. 1;455,000; 350,000 9,305,000 2,388,000 (370,000) 2,018;000= 5,000,000 (5,000,000) 2,018,000 12,634,099 22,335,299 14,883,324 8,092,099 10,815,901 (12,635,299) (5,833,324) 1,157,802 13,800,580 985,281 (4,688,043) (3,510,141) F:\FINANCE\BUDGET1Budget0304\capitalplanlfrom Bob1 Kara Bettis for Coroner P. O. Box 2164 Vail, CO 81658 For more information, contact Kara at karabettisf orcoroner@hotmail. com or (970) 376-1946 Paid for by Kara Bettis for Coroner ~. ~~' ~~= y r ~~ ~¢ ~° ~~ 6~ ~ ~,~s 1~. x~...:, ,, ,~ v r r'~^,' ,~ Kara Bettis for COZ'OriP.z' Because Knra Cares... ' and Experience Counts! • Eagle County Deputy Coroner since 1999 • Certified Death Investigator • Bachelor's Degree in Biological Science with a minor in Anatomy and Neuroanatomy from Colorado State University • Post graduate studies in Forensic Science specializing in death investigation • Continuing member of the Colorado Coroners Association • Advocate for Donor Alliance • Certified Emergency Medical Technician for five and orie half years • Three years at Vail Valley Medical Center working in the emergency room and patient care unit • Colorado native and Eagle County resident • Employed in the biotech industry karabettisforcoroner@h,otmail.com (970) 376-1946 P. O. Box 2164 Vail, CO 81658 z w A x a u 0 0 .~ c~ b b a~ 0 U. b a~ a~ a a`"i O 0 0 a 0 N U c~ 0 U a~ a~ a ai .~ >, ~. 0 0 .~ ~-=~ b 0 3 c 0 .~ .~ 0 0 ~\ .~ ~\ .~ 0 0 0 v 0 0 ~ ~ ~ o ~ ~ ~ U ~ ~ a v 0 :-~ ~ ~' c~ '7 believe the coroner should have a deep sense of compassion, a working knowledge of forensics, and a solid understanding of human physiology ." BRUCE CAMPBELL CANDIDATE FOR COUNTY CORONER Professional Experience 4 Years as a Deputy Coroner Certified Death Investigator Degree in Criminology 32 Years Investigative Experience 10 Year Eagle County Resident 6 Years Public Service 20 Years Management Experience Compassionate and Caring Medical Background I developed a basic knowledge of medicine throughout my career, working as the Safety Manager for 3 major-resort and business hotels, as Director of Security for the Vail Valley Medical Center, and investigating Medical Malpractice lawsuits for over 20 years. When there is a question concerning the cause of death, the Pathologist is the one who determines the final cause of death through an autopsy. Why are you running for Coroner? Because a Coroner's role can be important for you. As a public servant, I provide support to the family in the following ways: / Conduct forensic investigation to determine the manner and cause of death. / Notification of next of kin / Coordinate with agencies involved in organ donation and final preparation with funeral homes Do I believe in Organ Donation? Yes. Organ donations save lives. The Coroner does not make medical decisions. I provide information to the family on organ donation, and if a donation is able to be made, how it can be used to save another person's life. Facts About the Coroner's Office It is anon-political, administrative position. The office is regulated by Colorado Statues on death registration and investigation. The office coordinates with and assists law enforcement agencies in death investigation and reporting. The office functions in identification of the deceased, determination of cause of death and notification of next of kin. The Coroner's Office secures and returns valuables of the deceased to the family. They also assist the family with obtaining death information, death certificates and autopsy reports. How I Differ From My Opponent EXPERIENCE AND MATURITY Experience For the past 32 years I have worked as an Investigator, Safety Manager and Security Specialist in the private sector and for the Department of Defense. I have dedicated my career to helping people through trauma and crisis situations. Maturi With that life experience I developed the knowledge, the strength, compassion and understanding, of how to assist people during their greatest time of need. The most important part of my job as Coroner, is using my people skills to communicate to the family in a clear and sensitive manner. I am there to provide comfort for the family and to bring closure, whether the death is expected or unexpected. Issues / Plan to be more visible within the community and build on the professionalism established by Donna Barnes, who has served as our Coroner for the last 24 years. / Work on health and safety issues within the community, focusing on increased awareness for the use of seat belts. / Establish a cemetery for the long time residents In Closing Based on my professional experience, my people skills and my degree, I believe I am uniquely qualified to serve our community as Coroner.