HomeMy WebLinkAbout2006-05-16 Support Documentation Town Council Work SessionTOWN. COUNCIL
WORK SESSION
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
1:20 P.M., TUESDAY, MAY 16, 2006
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. George Ruther ITEM/TOPIC: PEC/DRB Update. (15 min.)
2. Kelli McDonald ITEM/TOPIC: Review. of the newly launched Vail summer web
Ian Anderson site on www.vail.com. (10 min.)
3. Pam Brandmeyer ITEM/TOPIC: Discussion of the Children's Garden of Learning
Matt Gennett (CGOL) request to proceed through the process for repair of
geotechnical and playground surfacing issues. (5 min.)
BACKGROUND RATIONALE: On May 2nd, a letter describing
problems with retaining, grading and drainage work, as well
replacing the Mortar sand on the playground, was presented to
the town. Because the town owns the site and the building, CGOL
is requesting permission to proceed through the process with the
Design Review Board as it pertains to the permitting for these
projects.
STAFF RECOMMENDATION: Move to approve CGOL to
proceed through the process.
4. Matt Mire ITEM/TOPIC: Discussion of First reading of Ordinance No. 6,
Series 2006, An ordinance repealing and reenacting Title 9,
Chapter 1, Vail Town Code Regarding the Town of Vail
Watershed District; Providing Definitions to Prevent Injury to Town
Water Sources; and Setting forth Details in Regard thereto. (5
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendment or deny Ordinance No. 6, Series 2006, on first
reading.
BACKGROUND RATIONALE: This ordinance provides
definitions and amendments to Title 9, Vail Town Code which, will
further clarify prohibited acts and provide for more effective
enforcement by. the Town to prevent injury to the Town water
supplies.
STAFF RECOMMENDATION: Approve First Reading of
Ordinance No. 6 Series 2006.
5. Matt Mire ITEMlTOPIC: Discussion of First reading of Ordinance No. 15,
Series of 2006, AN ORDINANCE EXTENDING A MORATORIUM
ON THE SUBMISSION AND PROCESSING OF BUILDING
PERMITS AND LAND USE APPROVALS IN THE LIONSHEAD
MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE
DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF
ACCOMMODATION UNITS, PARKING SPACES AND
EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS
IN REGARD THERETO. (10 min.)
ACTION RE(~UESTED OF COUNCIL: Approve, approve with
amendment or deny first Reading of Ordinance No. 15 Series
2006.
BACKGROUND RATIONALE: On April 18, 2006 the Council
adopted Ordinance No. 13, Series 2006 establishing a sixty (60)
day moratorium on the submission and processing of building
permits and land use approvals in LionsHead Mixed Use 1 and 2
zone districts. Because of procedural requirements and time
necessary to effectuate the subject text amendments to Title 12,
Vail Town Code, it will be necessary to extend the moratorium for
an additional sixty (60) days. '
STAFF RECOMMENDATION: Approve first reading of Ordinance
No. 15 Series 2006.
5. ITEM/TOPIC: Matters.from Mayor & Council. (10 min.)
6. ITEM/TOPIC: Information Update. (10 min.)
7. Matt Mire ITEMlTOPIC: Executive Session, pursuant to: 1) C.R.S. 24-6-
402(4)(b) -conference with attorney to receive legal advice on
specific legal questions; 2) C:R.S. 24-6-402(4)(b)&(e) -
conference with attorney to receive legal advice on specific legal
questions and to determine positions, develop a strategy or
instruct negotiators, regarding the Front Door Developer
Agreement. (45 min.)
8. ITEM/TOPIC: Adjournment. (3:10 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 BEGIN AT TBD, TUESDAY, JUNE 6, 2006 IN THE VAIL TOWN COUNCIL
CHAMBERS.
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
.. ~. May 8, 2006
1'OW~ OF ~A1L' .
PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME
MEMBERS PRESENT
Doug Cahill
Dick Cleveland
Anne Gunion
Bill Jewitt -
Rollie Kjesbo
Bill Pierce
Site Visits:
MEMBERS ABSENT
Chas Bernhardt
1. Ritz Carlton Residences - 728 West Lionshead Circle
2. Eagle River Water and Sanitation District - 2734 Snowberry Drive
Driver: Warren
Swearing in of Anne Gunion by Lorelei Donaldson, Town of Vail Town Clerk
Public Hearing -Town Council Chambers
12:00 pm
2:00 pm
A request for a final recommendation to the Vail Town Council of a text amendment; pursuant to
Section 12-3-7; Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, .
Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of
allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details
in regard thereto. (PEC06-0020)
Applicant: Helmut Reiss, represented by Isom & Associates
Planner: Matt Gennett /Bill Gibson
ACTION: Approved with Modifications (shown below)
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 5-0-1 (Cleveland
opposed)
" 2. In order to profect the natural land form and vegetation on steep slopes, not
more than sixty percent (60%) of the total site area may be disturbed from
present conditions by construction activities. The Design Review Board (DRB)
may approve site disturbance in excess of the sixty percent (60%) maximum if
specific design criteria warrant the extent of the requested deviation."
In the absence of Matt Gennett, Bill Gibson presented the project according to the memorandum.
Steve Isom, the applicant's representative, stated that the proposal set forth with Staff's help
seemed sufficient.
Dick Cleveland felt that the amendment was neither necessary nor desirable and he was in
opposition to the change:
Page 1
Bill Jewitt commented that the argument of safety was not a good enough one to justify this
proposal. He thought that citizens dealing with thirty percent slopes should be treated as fairly
as those without thirty percent slopes.
Bill Pierce stated that this regulation would offer a lot more flexibility in site planning for sites with
steep slopes. This change would limit the number of homes which masses were located almost
directly on the road.
Doug Cahill thought that the new regulation followed the original intent of the Code. The Design
Review Board should have the latitude to ask an applicant to reduce his/her site coverage to less
than 20% if necessary.
2. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional
Uses, Vail Town Code, to allow for a public utility and public service use (wafer tank), located at
2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain, and setting forth details in regard
thereto. (PEC06-0031)
Applicant: Eagle River Water and Sanitation District
Planner: Elisabeth Reed
ACTION: Approved
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-0
CONDITION(S):
1. .Prior to receipt of a grading permit from the Town of Vail Public Works
Department, a letter from the property owner of Lot 15, Block 9, Vail
Intermountain Subdivision, shall be submitted to and accepted by the
Town of Vail Community Development Department that grants the
applicant permission to re-grade and re-seed the areas of Lot 15 that
will b'e disturbed as a result of the removal of the existing water tank.
2. Prior to construction, a copy of the de-watering permit shall be
submitted to the Town of Vail Public Works Department.
3. Prior to construction, a staging plan -and Public Way permit shall be
submitted to the Town of Vail Public Works Department.
4. Prior to November 1, 2007, the applicant shall mitigate the visual
impacts of the above grade portions of the tank to a reasonable
standard.
5. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review application and required landscape
plan associated with this conditional use permit request.
Elisabeth Reed presented the project according to the memorandum.
Jim Boyd, the. applicant, expanded upon the description of the proposal and made himself
available for questions.
Doug Cahill asked if the DRB would be reviewing this application further. Elisabeth responded
that the DRB had conceptually reviewed the proposal and would review it a final time at their
next public hearing.
Doug Cahill asked Jim Boyd to further describe the soil stability issues related to the water tank
site. Jim explained the soil conditions and how the structure had been engineered to address
the issues.
Larry. Kollusman, adjacent property owner, stated that he was opposed to a large concrete water
tank being constructed above his house due to the "unsightliness" of the structure, which might
Page 2
result in decreased property values for himself and his neighbors. He would not be opposed to
the installation of a below grade water tank structure, however. He cannot currently see the
existing tank, but believes the proposed tank will lie directly in the line of sight from his house.
He also noted the number of trees proposed for removal.
Jim Boyd acknowledged the potential impact to this adjacent property owner. He noted that the
ERWSD had not finalized its landscape/re-vegetation plan. The District was planning to screen
the tank from this concerned neighbor's house with a berm and tree plantings. The ERWSD was
willing to plant additional trees to improve the screening of the tank.
Larry Kollusman was also concerned about the proposed tank being four times larger than the
existing tank. He suggested that a more extensive soils test might prove that the tank could be
buried.
Dick Cleveland asked about the rationale for a tank of this size:
Jim Boyd responded that the tank was built in the 1970's. Additional water storage was needed
to accommodate population growth and to meet fire flow needs created by sprinkler systems
being required in recently constructed houses. He noted the flows analyst for the District would
be more familiar with these questions.
Dick Cleveland asked why the bids were not viable.
Jim Boyd responded that the bids were too high and did not even take into account soil
conditions and ground water conditions. Their engineers recommended placing the tank above
ground.
Larry Kollusman noted that there were large new homes being constructed on similar slopes
along this street and believed today's request was only a cost issue.
Bill Pierce asked how it compared with the tank on the ski hill. Jim Boyd responded that it is
approximately one million gallons. Bill Pierce verified that the tank would not be taller than the
tank it is replacing. He noted that the DRB needs to ensure this is well screened.
Anne Guniori believed the request met the first criteria for review, the second criteria, and the
third criteria. She believed adequate screening would make the tank comply with criteria number
four. She wanted to see a landscape plan, or thought that the tank should be constructed below
grade. She also wanted to see a letter submitted from a soils engineer.
Dick Cleveland agreed with Commissioner Gunion. He wanted to see documentation justifying
the size of the proposed tank. If the tank was screened as well as today's tank was, he was
comfortable with the proposal. He was concerned about the proposed trees actually screening
the tank. Something other than a solid paint color should be considered as well. Otherwise he
was comfortable with the request.
Bill Jewitt was comfortable with the request and believed the PEC's concerns were actually DRB
issues. The goal should be to save the taxpayers on construction costs, but provide adequate
landscaping to screen the tank.
Rollie Kjesbo believed the ERWSD would not spend extra funds on a tank size that was not
warranted, and believed the landscaping and screening are DRB issues.
Page 3
Doug Cahill noted the growth in the adjacent neighborhood, and noted the need to construct a
safe structure. He also asked if an additional berm or retaining walls could be constructed to
better screen the tank. He noted the challenges of landscaping the site. He requested that Jim
Boyd explain the proposed construction schedules.
Jim Boyd responded that construction will not begin before .late June and the ERWSD is
concerned about the availability of bidders for construction this summer.
3. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3,
Appeals, Vail Town Code, appealing a staff determination that ari observatory is not an
architectural projection allowed to extend above the building height limit, 1979 Sunburst
Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417)
Appellant: Ned Gwathmey and Todd Kramer; Gwathmey, Pratt, Shultz Architects
Planner: Bill Gibson
ACTION: Staff determination overturned
MOTION: Dick Cleveland SECOND: Bill Jewitt VOTE: 4-2-0 (Pierce,
Cahill opposed)
Bill Gibson presented the project according to~the memorandum.
Ned Gwathmey, the applicant, stated that the approved space was not habitable. He requested
that .the space not be regarded as Gross Residential Floor Area. This was simply an
architectural feature because it was not proposed to be occupied space. Both the Design
Review Board and the neighbors seemed had no problems with the proposal, he stated.
Anne Gunion asked if the drawings included in the memorandum matched those that were being
proposed by the applicant today.
It was verified that the drawings included in the memorandum were no longer applicable.
Doug Cahill asked about the proposed material for the tower element. Ned Gwathmey stated
that the roof .would be cast aluminum. He further explained the elevation drawings to the
Commission.
Ned Gwathmey asked if it would be helpful to have the owner explain the use.
Dick Cleveland commented that such explanation would not be necessary. He felt that this
proposal was clearly an architectural projection that warranted a height increase. He was in
support of overturning the Staff's determination.
Bill Jewitt also felt that the space was not habitable and was only an architectural projection.
Rollie Kjesbo agreed with Commissioner Jewitt.
Bill Pierce commented that as much as he would like to approve the projection due to its
architectural merit, he felt that the precedent set in doing so would not be worth the approval.
Anne Gunion said that whether it was occupied or not was not the issue. She stated that the
guidelines were intended to provide for varying architecture. She viewed this as habitable floor
area due to the definition of habitable floor area, but felt that the projection was warranted
anyway.
Doug Cahill stated that he viewed the space under question as habitable. It was clearly
designed, with glass, to be habitable by a person.
~.
Page 4
Anne Gunion further stated that occupied space was very different than habitable space. The
element was far more a projection than a roof.
4. A request for;, a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications, Vail Town Code, and a final review of a conditional use .permit,
pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and
12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow
for the development of 4 additional multi-family residential dwelling units (total of 111 dwelling
units), located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth
details in regard thereto. (Ritz-Carlton Residences) (PEC05-0021 and PEC05-0022)
Applicant: Vail Associates, Inc., represented by Jay Peterson
Planner: Warren Campbell
Amendment to the Major Exterior Alteration
ACTION: Approved with condition(s)
MOTION: Rollie Kjesbo SECOND: Bill Jewitt, VOTE: 6-0-0
For Design Review
1) That the Developer submits a complete application to the Town of Vail Community
Development Department for the final review and approval of the proposed
development plan by the Town of Vail Design Review Board, prior to making an
application for the issuance of a building permit for any of the Ritz-Carlton Residences
improvements:
Prior to Submitting for Building Permits
2) ,That the Developer submits a Construction Staging Plan to the Town of Vail
Community Development Department for the review and approval of the proposed
staging plan by the Town of Vail Public Works Department, prior to the issuance of a
building permit for the Ritz-Carlton Residences improvements.
3) That the Developer prepares aRitz-Carlton Residences Site Art in Public Places Plan.
for input and comment by the Town of Vail Art in Public Places Board, prior to the
issuance of a building permit for the Ritz-Carlton Residences site improvements.
Subject to the above input and comment by the Art in Public places Board, Vail
Associates will determine the type and location of the art to be provided. Said Plan
shall include the funding for a minimum of $100,000.00 in public art improvements to
be developed in conjunction with the Ritz-Carlton Residences site. The implementation
of the Plan will be reasonably incorporated by Vail Associates into the Ritz-Carlton
Residences construction schedule in accordance with generally prevailing
construction practices.
4) That the Developer submits a complete set of civil engineered drawings of the
Approved Development Plans including the required off-site improvements, to the
Town of Vail Community Development Department for review and approval of the
drawings, prior to making application for the issuance of a building permit for the Ritz-
Carlton Residences improvements.
Prior to Requesting a Temporary Certificate of Occupancy
5) That the Developer provides deed-restricted, employee housing that complies with the
Town of Vail Employee Housing requirements (Chapter 12-13) 9 employees, and that
said restrictions shall be made available for occupancy, prior to. the issuance of a
Page 5
temporary certificate of occupancy for the Ritz-Carlton Residences improvements. In
addition, the deed-restrictions shall be legally executed by the Developer and duly
recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a
temporary certificate of occupancy for the Ritz-Carlton Residences improvements. The
Developer may provide required employee housing on an interim basis, not to exceed
four (4) years (November 28, 2008) except that ultimately the Developer will be required
to furnish permanent facilities for the Ritz-Carlton Residences employee housing
requirements.
6) -That the Developer shall be assessed a transportation impact fee in the amount of
$5,000 per increased vehicle trip in the peak hour generated (56 trips), or $280,000, and
a fee of $6,500 for the increased peak hour vehicle trips (6 trips) or $39,000, created by
the amendment to add four additional dwelling units, as a result of the Ritz-Carlton
Residences improvements. The total fee of $319,000 shall be paid in full by the
Developer prior to the issuance of a temporary certificate of occupancy or certificate of
occupancy for the Ritz-Carlton Residences improvements. At the sole discretion of the
Town 'of Vail Public Works Director, said fee may be waived in full, or part, based upon
the completion of certain off-site improvements. If the improvements as shown on the
plans entitled "The Ritz-Carlton Residences (based on CDOT requirements)", dated
October 21, 2005, and as approved on November~28, 2005, by the PEC are constructed
and completed by the Developer, said fee shall be waived in full by the Town.
Amendment to the Conditional Use Permit
ACTION: Approved
MOTION: Rollie Kjesbo SECOND: Bill Jewitt, VOTE: 6-0-0
Warren Campbell gave a presentation per the staff memorandum, highlighting the changes that
the applicant was proposing.
Jay Peterson, representing Vail Resorts, added some comments to the initial presentation,
stressing the amount of open space that would be maintained on the site with this proposed
amendment on the western side of the building. Mr. Petersen addressed several comments
from the pre-meeting regarding the future layout of retail within the area known as "West
Lionshead" and how the areas being set aside within the Ritz-Carlton would help to add to the
success of retail in "West Lionshead". Mr. Petersen added that he had spoken with the attorney
from Vail Spa, who commented that he wished that no after-hours establishment such as a bar
ever be installed in the northeast corner of the Ritz-Carlton.
Bob Fitzgerald, of 4240 Architecture, commented on the architectural story, saying that the
proposal presented today was simply an exclamation point to the original proposal. The south
western corner under discussion had never been proposed for open space, but had originally
been proposed as the area to locate a lift house.
There was no public comment.
The Commission generally expressed its support of the amendments as the changes allowed
the building to tamper more towards West Forest Road and helped to screen the new parking
garage entry for the Gore Creek Residences. Commissioner Cleveland stated that he was
fearful of the "creep" in size of projects through amendments made after initial approval,
however, he felt the amendment made sense. Commissioner Jewitt stated that he still had
concerns over the viability of retail/commercial/restaurants in the Ritz-Carlton structure and in
the possible future portal of "West Lionshead".
Page 6
5. A request for a final review of a conditional use permit, pursuant to Chapter 12-8E-3, Conditional
Uses, Vail Town Code, to allow for the construction of a private club; 151 Vail Lane/Lot 2, Mill
Creek Subdivision, and setting forth details in regard thereto. (PEC06-0032)
Applicant: Lodge Properties, Inc.,
Planner George Ruther
ACTION: Approved
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 5-0-1 (Pierce
recused)
In the absence of George Ruther, Russ Forrest presented the project according to the
memorandum.
Doug Cahill asked about negative effects of traffic. ,
Jay Peterson said that while the parking club generates traffic, those that do not belong to the
parking club but do belong to the private club will park in the Vail Village parking structure. This
club will likely not create additional traffic.
There was no public comment.
The commissioners expressed their support of the application.
6. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for Ski Base Recreation 2.zone district on a 5.13 parcel of
land commonly referred to as the "Front Door USFS land exchange parcel", located at 151 Vail
Lane/ (A complete legal description is available at the Community Development Department),
and setting forth .details in regard thereto. (PEC06-0014)
Applicant: United States of America, by and through the Forest Service, represented by Vail
Resorts Development Company
Planner: George Ruther
ACTION: Approved
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 5-0-1 (Pierce
recused)
In the absence of George Ruther, Russ Forrest presented the project according to the
memorandum.
Jay Peterson clarified that the Forest Service no longer is the applicant, as the property is now
owned by Vail Resorts.
Jim Lamont, representative of the Vail Village Homeowners Association, is in favor of the project
but there are adjacent property owners who are concerned about the project. The primary
concern of these adjacent owners is the preservation of open space. The concern is that what is
now publicly accessible land should stay accessible. There is a consistency with the Tract D
covenants that prohibit above ground development unrelated to skiing. They would like to know
if the area will be publicly accessible.
Russ Forest stated that in Page 7 of the memorandum, the skier services building will only be
one story. Any change of the development plan will be required to go through the public
process.
Page 7
Tom Braun stated that there are requirements in the conditional approvals to provide pedestrian
easements from the skier property to Vail Road to the West. The access required by the
covenant will be maintained.
Jay Peterson showed the view corridor on the map and noted where. pedestrian easements
exist. Covenants on the property will not occur because it will cause problems in the future. He
also stated that this zoning will require the most public scrutiny.
Bill Jewitt said that when the project went through Town Council, there were restrictions put on
the project where open- space is required to be used for public events.
Jim Lamont requested a letter from the Town outlining the requirements of the pedestrian
easements and other protections of the property.
Jay Peterson stated the approval is what it is and that the development plan is the detailed
outline of the project.
Jim Lamont said that the public needs to have access to the surface of the site that is not being
developed.
Bill Jewitt mentioned that the comments by Jim Lamont are not pertinent to the current
discussion.
Jim Lamont responded that this is an important issue and needs to be discussed on the record.
Jay Peterson outlined the requirements of how the land will be publicly accessed. He then read
text from the White River National Forest report by Tom Nacey.
Jim Lamont asked about the agreement with Vail Resorts for public access for special events.
Russ Forrest responded.that the DIA will include .such agreements. Jay Peterson said that the
DIA will be final before TCO.
The Commissioners expressed their support for the proposal.
7. A request for a final review of a conditional use permit, pursuant to Section 12-7H-5 Conditional
Uses: ,Generally, to allow for a seasonal use or structure for conferences and conventions,
located in Tract A, Lot 4, Block 1, Vail Lionshead Filing 1 Addition 1, and setting forth details in
regard thereto. (PEC06-0030)
Applicant: Lion Square Lodge, represented by Bill Anderson
Planner: Bill Gibson
ACTION: WITHDRAWN
8. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major
Exterior Alterations or Modifications, Vail Town Code, to allow, for the renovation of the Lion's
Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing
3, and setting forth details in regard thereto. (PEC06-0019) '
Applicant: Lion's Square Lodge North Condominium Association, represented by Viele
Development
Planner: Bill Gibson
ACTION: Tabled to May 22, 2006
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-0
Page 8
9. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard
Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and
Guidelines, Vail Town Code, to include wildfire hazard in the Hazard Regulations, and to require
defensible space and Class A roofs in high and extreme wildfire hazard zones, and setting forth
details in regard thereto. (PEC06-0029)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to June 12, 2006
MOTION: Dick Cleveland SECOND: Rollie Kjesbo VOTE: 6-0-0
Rachel Friede made a presentation per the staff memorandum.
Bill Jewitt said he cannot support the addition of seasonal use and structures as a conditional
use to LMU-1 because the regulations for this land use, especially tents, need to be amended.
Dick Cleveland suggested that this use only be allowed for a maximum of 30 days and should be
split into seasonal and temporary, with separate regulations.. Staff will propose these changes
in the future.
The Commission agreed that the word "plan" be added to "inclusion of employee housing" in
order to allow a plan that may be coordinated with current housing initiatives.
Dick Cleveland said that the Open Space and Recreation District should not add "and runs" to
the conditional uses and that the Cascade runs should stay legally nonconforming. He is
concerned that this may open the door for more runs in the O District. He was also concerned .
about allowing "Ski lifts, towns and runs, not including lift loading and unloading areas" in the
Natural Area :Preservation District because this is our most restrictive zone district. Staff will
provide a map showing the O and NAP Districts that border the ski mountain at the next meeting.
Regarding changes to Chapter 12-18, Rollie Kjesbo asked whether this would trigger 250s. Staff
responded that this text.amendment would confirm that buildings that are over on dwelling units
per acre would then trigger a 250, as they have used up all allowable GRFA.
Dick Cleveland made a motion to table this item to June 12, 2006 so that Staff can return with
changes and additional information.
10. A request fora recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Nail Town Code, for amendments to Section 12-7H-5, Conditional Uses; Generally
(On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures as a
conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development
Impacts, to clarify the inclusion of employee housing as a mitigation of development impacts;
Section 12-8A-3, Conditional Uses, to allow for ski runs as a conditional use of the Agricultural
and Open Space District; Section 12-8C-3, Conditional Uses, to allow for ski lifts not including
loading and unloading. areas as a conditional use of the Natural Area Preservation District;
Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to
density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, fo clarify
standards for access, ~ driveway and parking for commercial properties; and Chapter 14-6,
Grading Standards, to clarify requirements for retaining walls, Vail Town Code, and setting forth
details in regard thereto. (PEC06-0026)
Applicant: Town of Vail
Planner: Rachel Friede .
ACTION: Tabled to June 12, 2006
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-0
Page 9
Rachel Friede made a presentation per the staff memorandum. This item was a worksession.
Tom Talbot, the Town of Vail Wildfire Specialist and Bill Carlson, the Environmental Officer, were
present to answer any questions.
The Commission expressed an interest in creating concrete requirements for a Wildfire
Specialist. They were also concerned about creating a cottage industry. Tom Talbot said that
there are some credentials we could require of the specialist such as those from the National
Wildfire Coordination Group. Also, the Eagle County Wildfire Coordinate, Erik Lundgren, may be
able to do inspections for free.
The Commission expressed concern over Wildfire Regulations that would require clear cutting
trees. Tom Talbot said that the goal is not to require trees cut down, but to protect the
neighborhood.
Dick Cleveland was concerned about legislation that is open to interpretation. Tom Talbot said
that there may be ways to enforce legislation and get the right results through lot-by-lot analysis.
Doug Cahill wants regulations that inform property owners of the mitigation that will be required
before they begin the process, as to not burden them. Staff informed them that the requirements
will be triggered by new development, residential additions over 500 square feet, commercial
additions over 1000 square feet or an increase in dwelling units, accommodation units or
fractional fee units.
Tom Talbot said that the VFES has offered assessments for free to homeowners in Vail. As a
result, there have been some successful mitigation projects.
The Commission asked about the creation of the Wildfire Hazard Map. Tom Talbot said that the
changes in s~,ope, fuel materials, etc., change the spread of fire and thus are reflected in the
hazard designation;: The data used to create the map is a combination of data from Eagle
County and alot-by-lot assessment done by Tom Talbot.
Anne Gunion asked the burden placed on Staff to review plans. Rachel Friede said that the
burden of review will be placed on the planning team, as to not burden the building team any
more.
The Commission agreed that there needs to be an education of the Commission and the public.
During public; comment, Jim Lamont of the Vail Village Homeowners Association said that the
current system is set up for more landscaping and keeping the trees. The public wants
standards and criteria, otherwise, we are not talking to the right body for this regulatory process.
There needs to be correlation between design review requirements for landscaping and these
regulations. Changing the culture for fire mitigation will be difficult until people understand
clearly what they have to do: He said there may be covenant conflicts with design standards to
allow for metal roofs.
Anne Gunion said this could be approached like Chicago, where building requirements are
paramount, and not the defensible space. Instead, perhaps the requirement should be to use
fire protected. materials and alternative materials. Also, with specialists, not all agree or are the
same.
Page 10
Rollie Kjesbo tabled this item until the June 12, 2006, PEC meeting at the request of Staff. At
the next meeting, Staff will provide a lesson in FireWise, and will go on site visits to evaluate the
Wildfire Hazard Rating of each lot.
11. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master
Plan,. Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries
and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area,
generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road
West/Lot 54 'and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and
several unplatted parcels (a more complete legal description is available at the Community
Development Department), and setting forth details in regard thereto. (PEC06-0008)
Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building
General Partnership
Planner: Warren Campbell
ACTION: Tabled to May 22, 2006
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-0
12.'A request fora recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, `;Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan,
Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, Lionshead
Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the
Lionshead Redevelopment Master Plan, to require no net loss of parking, no net loss of
employee housing units and no net loss of accommodation units in Lionshead Mixed Use 1 and
Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto. (PEC06-0028)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Tabled to May 22, 2006
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-0
13. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major
Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the
Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision,
and setting forth details in regard thereto. (PEC05-0080)
Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC
Planner: George Ruther .
ACTION: Tabled to June 12, 2006 .
MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-0
14. Approval of April 24, 2006 minutes
MOTION: Rollie Kjesbo
recused)
15. Information Update
SECOND: Dick Cleveland VOTE: 5-0-1 (Pierce
16. Adjournment
MOTION: Bill Jewitt SECOND: Rollie Kjesbo VOTE: 6-0-0
Page 11
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published May 5-, 2006, in the Vail Daily.
Page 12
DESIGN REVIEW BOARD AGENDA
May 3, 2006
~~~„~~ ~ 3:00 P.M.
PUBLIC MEETING
PUBLIC WELCOME
PROJECT ORIENTATION /LUNCH -Town Council Chambers
MEMBERS PRESENT
Sherry Dorward
Pete Dunning
Margaret Rogers
SITE VISITS
1. Jensen Residence - 5116 Main Gore Drive
2. Breakaway West - 963 Lion's Ridge Loop
3. Chamonix Chalets - 2450 - 2480 Chamonix Lane
4. Dayton Residence - 344 Beaver Dam Road
5. Biszantz Residence - 670 Forest Road
MEMBERS ABSENT
Mike Dantas
Lynn Fritzlen
Driver: Elisabeth
12:OOp.m
2:OOpm
PUBLIC HEARING -TOWN COUNCIL CHAMBERS
Biszantz Residence DRB06-0082
Final review of a residential addition (mud room, guest room)
670 Forest Road/Lot 7, Block 1, Vail Village Filing 6
Applicant: Frances Biszantz, represented by Robert Arnold Architect, PC
ACTION: Tabled to May 17, 2006
MOTION: Dunning SECOND:. Dorward VOTE: 3-0-0
2. Eagle River Water and Sanitation District DR606-0092
Conceptual review of new construction (water storage tank)
2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain Subdivision
Applicant: Eagle River Water and Sanitation District, represented by Jim Boyd
ACTION: Conceptual review, no vote
3. Cox Residence DRB06-0057
Conceptual review of a residential addition (deck enclosure)
278 Hanson Ranch Road/Lot A, B & C, Block 2, Vail Village Filing 1
Applicant: William and Arthur Cox, represented by Burke Harrington Construction
ACTION: Approved
MOTION: Dunning SECOND: Dorward VOTE: 3-0-0
4. Chamonix Chalets DRB06-0120
Final review of a minor alteration (repaint)
2450 Chamonix Lane - 2480 Chamonix Lane/Vail das Schone Filing 1
Applicant: Chamonix Chalets Corporation, represented by Richard Brewer
3:OOpm
Elisabeth
Elisabeth
Bill
Bill
Page 1
ACTION: Approved with conditions
MOTION: Dunning SECOND: Dorward VOTE: 3-0-0
CONDITIONS: The applicant shall paint the trim Cape Verde SW6482.
5. Weyrauch Residence DRB05-0367 Bill
Final review of new construction (primary/secondary residence)
2417 Garmisch Drive/Lot 14, Block H, Vail das Schone Filing 2
Applicant: Shawn Weyrauch, represented by John Martin, Architect, LLC
ACTION: Approved
MOTION: Dunning SECOND: Dorward VOTE: 3-0-0
6. Jensen Residence DR606-0093 Bill
Final review of a residential addition (garage and bedroom)
5116 Main Gore Drive/Lot 1, Block 2, Bighorn 5th Addition
Applicant: MFJ Holdings LLC, represented by Jeff Manley, John Martin Architects
ACTION: Approved
MOTION: Dorward SECOND: Dunning VOTE: 3-0-0
7. Dayton Residence DRB06-0129 Bill
Conceptual review of a residential addition (garage, bedrooms, and loft)
344 Beaver Dam Road/Lot 10, Block 2, Vail Village Filing 3
Applicant: John Dayton, represented by K.H. Webb Architects PC
ACTION: Conceptual review, no vote
8. Lion Square Lodge North DRB06-0071 Bill
Conceptual review a major exterior alteration (residential additions, new. dwelling units, new retail, and
new parking)
660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3
Applicant: Lion Square Lodge North Condominium Association, represented by Bill Anderson
ACTION: Conceptual review, no vote
Staff Approvals
Marquez Residence DRB06-0112
Final approval of a minor alteration (re-roof)
1785 Gore Creek Drive/Lot 9, Vail Village West Filing 2
Applicant: Joe Marquez, represented by Compass Construction
Joe
Vantage Point Condominiums DRB06-0104 Elisabeth
Final review of a minor alteration (shed roof, chimney stucco)
508 East Lionshead Circle/Lots 1 and 2, Block 1, Vail Lionshead Filing 1
Applicant: Vantage Point Condominium Association, represented by Fritzlen Pierce Architects
Bridget Properties, Inc. DRB06-0085 Bill
Final review of change to approved plans (windows)
292 East Meadow Drive (Mountain Haus)/Block 5, Vail Village Filing 1
Applicant: Bridget Properties, Inc., represented by Eagle Valley Cabinet
Page 2
Vail Rowhouse DRB06-0103 gill
Final review of a minor alteration (driveway)
303 Gore Creek Drive/Lot 7, Block 5, Vail Village Filing 1
Applicant: Bridge Street Associates, LLC, represented by Shepherd Resources
Lion Square Lodge South DRB06-0111 Bill
Final review of a minor alteration (windows)
660 West Lionshead Place/Lot 1, Vail Lionshead Filing.1 Addition 1
Applicant: Lion Square Lodge South Condominium Association, represented by Bill Anderson
Byers Residence DRB06-0122
Final approval of a minor alteration (re-roof)
352 Beaver Dam Circe/Lot 5, Block 3, Vail Village Filing 1
Applicant: Nancy Byers, represented by Master Sealers
Joe
Vail Service Stations LLC DRB06-0124 Joe
Final review of a minor alteration (re-roof)
2154 South Frontage Road West/Unplatted
Applicant: Vail Service Stations LLC, represented by Master Sealers Inc.
Crooked Ski Townhomes DRB06-0125
Final review of a,minor alteration (re-roof)
2039 Chamonix Lane/Lot 17, Vail Heights Filing 1
Applicant: Angela Overy, represented by Master Sealers Inc.
Joe.
Davie Residence DRB06-0126 Joe
Final review of a minor alteration (re-roof)
776 Potato Patch Drive/Lot 12, Block 2, Vail Potato Patch Subdivision
Applicant: John Davie, represented by Plath Construction, Inc.
Sheffield Residence DRB06-0109 Bill
Final review of a minor alteration (driveway)
4998 Meadow Drive/Lot 19, Block 7, Bighorn 5th Addition
Applicant: James Sheffield, represented by Jerry Sibley Plumbing
Reiss Residence DR606-0110 Warren
Final review of a minor alteration (windows)
174 East Gore Creek Drive/Lots A,B,C, Block 5C, Vail Village Filing 1
Applicant: Brad and Kammi Reiss, represented by Slifer Designs
Peters Residence DRB06-0130 Joe
Final review of a minor alteration (deck)
2733 Kinnikinnick Road%Meadow Creek Subdivision
Applicant: Donna and Henry Peters, represented by Vail Management Company
Swiss Chalet Restaurant DR606-0.121 Elisabeth
Final review of a sign
20 Vail Road/Lot L, Block 5E, Vail Village Filing 1
Applicant: Johannes Faessler, represented by Annie Egan
Page 3
Donlon Residence, DRB06-0108
Final review of a minor alteration (window)
1588 Golf Terrace, Unit 41/Sunburst Filing 3
Applicant: Bill Donlon, represented by Achelpohl Construction
Matt
Elk Creek Townhomes DRB06-0123 Matt
Final review of a minor alteration (driveway)
767 Potato Patch Drive/Lot 34, Block 1, Vail Potato Patch
Applicant: Elk Creek Townhome Association, represented by Michael Charles
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing
Impaired, for information.
Page 4
G
Children's Garden of Learning
129 North Frontage Road
Vail, CO 81657
.(970)476-1420
May 8, 2006
Matt Gennett
Pam Brandmeyer
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Matt and Pam,
The Children's Garden of Learning is seeking permission to
proceed on the proposed improvements to our outside play
area. Reports and recommendations have been delivered to
your offices. We understand that permits for this work
should be obtained through Community Development.
Please contact us for further information. Thank you very
much.
Sincerely,
~~
Robin Henzler
Director
~~~~~
c I~;,Q_sZL.+
Kathy Reed
Assistant Director
Pam Brandmeyer
Assistant Town Manager
75 South Frontage Road
Vail, Colorado 81657
May 1, 2006
Dear Pam:
We appreciate you taking the time to learn about The Children's Gazden of Learning's goals for
improving the condition of our outdoor play area. Outlined below are the main areas of concern:
Geotechnical Issues
Our foremost concern stems from the flooding and hill-side erosion that is happening in the
children's outdoor play space. The lack of proper planning for drainage has caused us to literally
watch our surfacing wash away with each rainstorm and winter thaw. As a result; the ground is
quickly deteriorating and is increasingly unsuitable for the children to play on. In addition, we
have future concerns of this erosion causing our playground equipment to become unstable. To
add to our concerns, we aze also seeing pooling of water, lazge gaps under the fence, as well
exposed foundation on the northeast side of the building.
The specifics of the problems in this regard aze cleazly outlined in the attached report, provided
by LKP Engineering, Inc., whom we asked to assess the. outdoor azea of the school. As you will
see, retaining, grading, and drainage work has been suggested in order to properly address these
problems. We have also attached some photos which were taken just weeks ago.
The outdoor ground conditions not only impede the children's ability to play outside safely, but
they jeopazdize our ability to maintain our necessary State licensing accreditation and
concurrently be in compliance with our lease agreement with the Town of Vail.
After reviewing the original site plans and speaking with civil engineers, it is uncleaz to us
whether or not The Children's Garden of Learning will be held financially responsible for. fixing
these issues.
Playground Surfacin Ig slues
We have had numerous concerns and complaints voiced about the surface of the playground.
Mortar sand, instead of playground sand, was erroneously dumped in the playground during the
construction phase of the school. Consequently, due to the consistency of the mortar sand, the
surface of our playground compacts as hazd as concrete, providing no impact absorption should a
child fall outside. This is both a safety concern and licensing problem for the school. Secondary
to that is the fact that this type of sand consists greatly of dirt which seems to find its way into
our facility on a daily basis, creating an unnecessary mess and additional weaz and teaz on the
school.
Although we understand that any further work to the playground surface is now the exclusive
responsibility of The Children's Garden of Learning, we have yet to learn what costs will be
associated with fixing this issue. We imagine this depends greatly on the recommendations made
by the engineers and architects. Nevertheless, our goal will be to remove the mortaz sand, or
cover it with another surfacing solution as soon as possible. Upon a cursory review, both
engineers and architects have stressed the importance of implementing drainage solutions first
before any additional work should be done.
Shade
We aze required by the State to provide ample outdoor shade for the children. Currently,
adequate shade structures do not exist and the playground gets direct sun exposure throughout .
the day. The temporary shade structures that we have been using either fail to provide enough
shade, or do not hold up well in windy conditions. To that end, we aze interested in researching
alternative, permanent shade solutions for the playground that satisfy both State licensing
requirements and Town of Vail Design and Review Board requirements. We aze hopeful that
Town of Vail and the Design and Review boazd will help us in approving proposed new shade
structures that not only will be within our budget but attractive and sturdy - a great improvement
over what currently exists.
Playground Equipment
While our main priority is to address the aforementioned issues, we also hope to eventually
upgrade our playground equipment to be more reflective of the quality of our building and our
program. We realize with the enormous costs in front of us that we may be years away from
attaining this goal. However, after our initial conversations with civil engineers and landscape
acchitects we realize that we really must "begin with the end in mind" as playground equipment
can often have specific requirements for installation and safety. This is best addressed by
planning for the equipment before construction begins in order to save time and money in the
future.
The Town of Vail was quite generous to provide us with such an attractive and well-maintained
building in which to house our quality childcare program. For this opportunity, we aze very
thankful. The facility, itself, has truly raised the bar and expectations of our school and the
community. We feel we are meeting these expectations by continuing to offer afirst-rate early
childcare program within the town of Vail. In doing so, we have also managed to create a strong
sense of community and pride among the parents, staff and .the children who currently attend the
school.
However, the one area where we fall dangerously short is, again, in regard to the playground.
Simply, it is not meeting expectations and does not reflect the same quality and standards found
4` .. •' ~
within the facility itself. As it stands today, the playground poses numerous red flags and
threatens our ability to continue to operate as a fully licensed facility in the State of Colorado.
We can not allow this to happen, given all the hazd work and resources that have akeady been
invested in building this magnificent preschool.
The "fix" is cleazly a lazge task, which we aze unable to tackle without a team effort between
engineers, landscape acchitects, Town of Vail, the Design and Review Board and the dedicated
staff, boazd and pazents of Children's Gazden of Learning.
The Children's Garden of Learning is understandably very concerned about the costs that will be
associated with fixing our playground. As you know, we aze a non-profit school that relies.
mostly on donations and student tuition to operate.
While we have been fundraising to help support some of the costs for new playground
equipment, we did not anticipate having to address retaining walls, drainage, grading and
resurfacing issues at the school. This, we imagine, will be a huge financial burden, and one that
we are not yet sure how we will address. We are hoping the Town of Vail will be able to assist
us, not only through an efficient construction/design approval process, but also with a creative
way to address the financial impact this will have on the school.
Given the complexity of this project, we aze eager to work with the Town of Vail, the civil
engineers, and the landscape architects toward developing a complete plan designed to address
the ground issues, surfacing issues, and future installation of quality~playground equipment. We
look forwazd to discussing this with you in further detail and aze confident in our combined
ability to work toward further improvements.
Best Regazds,
~~~~~~
~~
Robin O. Henzler Kathy Reed
Director Assistant Director
P
:~~ LKP ~` Engineering, Inc.
C[VILGEOTECHNICAL
Apri120, 2006
Ms. Brielle Stockton ~~
Board Director
Childrens Garden of Learning
129 N. Frontage Road
Vail, CO 81657
Consultation -Playground drainage/grading
Childrens Garden of Learning
129 North Frontage Road
Town of Vail
Eagle County, Colorado
Project No. 06047
Deaz Brielle, Robin and Kathy:
At your request, on April 14, 2006, we visited The Childrens Gazden of Learning at 129
North Frontage Road, Town of Vail, Eagle County, Colorado. The purpose of our site visit was
to observe the playground area to the east of the building, and provide recommendations for
correcting the drainage and grading issues.
During our site visit we observed the general grading of the site. The surface of the
playground consists of packed, wet, fine sand and mud with eroded ditches and potholes filled
with mud and water throughout. There is a high mound against the northeast corner of the
building, which is also, the northwest corner of the playground. Another high point is at the
northeast corner of the playground. The playground is fenced in. At about the middle of the north
side of the playground, there is a drainage ditch. The drainage ditch is a continuation of the
drainage swale on the north side of the building. This drainage swale collects surface runoff fibm
the hillside above and the runoff is being dischazged under the fence and through the middle of
the playground. It runs through an eroded channel for about 10 to 15 feet, and than it forks to two
channels. One of the channels is continuing south and the other one is going to-the east.
Further south, neaz the southeast building corner, there is a control box and a gas meter.
The control box was sitting in a pothole filled with water.
On the east side of the fence the slope drops off rapidly. A large portion of the. eroded
sand from the playground covers the slope on the outside of the fence. There were small boulders
and planks of wood placed at the base of the fence, as a makeshift barrier to stop the erosion.
It is our recommendation to have the azea of the playground and the site immediately
above the playground redesigned. The proposed new grading plan should incorporate, atwo-tier
retaining wall with a bench between the two segments of the wall, similar to the construction and
material of the retaining wall on the west side of the building. A drainage Swale should be
constructed above the new retaining walls to intercept and divert the surface runoff from the
hillside above. The dischazge point of the runoff should be away from the playground. Once the
runoff from above the site has been contained, the playground area should be graded with a
P.O. Box 2837, Edwards, CO 81632, (970) 926-9088 Tel, (970) 926-9089 Fax
Childrens Garden of Learning
Page 2- Project No. 06047
April 20, 2006
gentle slope to provide suitable playing area for the children in terms of slope, and to insure
quick runoff from rainfall and snowmelt generated from the playground, itself. We also,
recommend a more durable ground cover for the playground and less susceptible to erosion. A
sand box can be created on one portion of the playground to accommodate the needs of the
establishment.
Roof runoff should be collected in gutters and discharged into below grade drains to carry
the runoffoutside of the playground.
This report has been prepared according to locally .accepted professional Geotechnical
engineering standards for similar methods of testing and soil conditions at this time. There is no
other warranty either expressed or implied.
If you have any questions, or need additional consultation and details for the
improvements, please do not hesitate to call.
Sincerely,
LKP ENGINEERING, INC.
i ~ ~
uiza Petrovska, PE
President
J:\WP 12-LKP\06047drainage-cons.wpd
LKP Engineering, Inc.
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.1
ORDINANCE NO. 6
SERIES OF 2006
AN ORDINANCE REPLACING AND REENACTING TITLE 9, CHAPTER 1, VAIL
TOWN CODE REGARDING THE TOWN OF VAIL WATERSHED DISTRICT; AND
SETTING FORTH DETAILS IN REGARDS THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado
(the "Town"), is a home rule municipal corporation duly organized and existing under
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified; and
WHEREAS, land development projects and associated increases in
impervious cover alter the hydrologic response of local watersheds and increase
storm water runoff rates and volumes, flooding, stream channel erosion, and
sediment transport and deposition; and
WHEREAS, visual observations of turbidity in Gore Creek have been
observed from construction projects over the past two years, and deep excavations
from these projects require dewatering systems which mix ground water with soils
,during the excavation process; and
WHEREAS, control of excessive suspended solids and sediment must be
undertaken to prevent these pollutants from reaching the surface waters of Gore
Creek causing deterioration of the Town water sources; and
WHEREAS, the Council finds that this text amendment is necessary for the
protection of municipal water supplies and for the promotion of coordinated and
harmonious development in a manner that conserves and enhances the Town's
natural environment and its established character as a resort and residential
community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT;
Section 1. Sections 9-1-1 through 9-1-12 of the Vail Town Code are repealed and
re-enacted as follows:
SECTION 9-1-1: DEFINITIONS
(a) Enjoined shall include temporary, preliminary and permanent
injunctive relief.
(b) Municipal water supplies means all surface and underground water
rights, whether absolutely or conditionally decreed, of the Town of Vail, which are
used or are capable of being used for any beneficial purpose, including, without
Ordinance No. 6, Series 2006 _ I _
limitation, municipal, commercial, aesthetic, irrigation, minimum stream flow, fish and
game propagation, recreation, domestic, industrial uses, and augmentation and
exchange, but does not include waters in sewage systems, waters in treatment
works or disposal systems, water in potable water distribution systems, and all water
withdrawn for use until use and treatment have been completed.
(c) Non point source means any source of pollutant other than a point
source, including, without limitation, water use and development practices, activities
which encroach on riparian areas, vegetation disturbance, soil disturbance and earth
movement, impervious cover, and storm water runoff from developed areas.
(d) Permit means a permit lawfully issued pursuant to Public Law 92-500,
the Federal.Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251, et
seq.) or pursuant to C.R.S. §25-8-501 (1981) etseq.
(e) Person means an individual, corporation, partnership, association,
municipality, district, federal or state agency, commission or other state or federal
body or political subdivision thereof.
(f) Point source means any discernible, confined and discrete
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock or concentrated animal. feeding
operation from which pollutants are or may be discharged.
(g) Pollutant means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt
and industrial, construction, municipal and agricultural waste, dirt and slurry.
(h) Sources means any area that contributes to the water supply of any
stream or river and includes, without limitation, any drainage basin or underground
aquifer.
SECTION 9-1-2: WATER QUALITY STANDARDS
Within the jurisdictional areas set forth in Section 9-1-3, the standards for water
quality shall be those standards adopted from time to time by the water quality
control commission pursuant to C.R.S. §25-8-202(b) (1981) and §25-8-404 (1981),
as applicable to waters located within the jurisdiction of this Chapter. Said standards
are incorporated herein by reference..
SECTION 9-1-3: JURISDICTION FOR WATER QUALITY
Pursuant to C.R.S. §31-15-708(1) (1975) and C.R.S. §31-15-401 (1975), and for the
purpose of maintaining and protecting its municipal water supply from injury and
pollution, the Town shall exercise regulatory and supervisory jurisdiction within the
Town of Vail and over all streams and sources contributing to municipal water
supplies for a distance of five (5) miles above the points from which municipal water
supplies are diverted.
Ordinance No. 6, Series 2006 _2 _
,..
i 6
SECTION 9-1-4: DISCHARGES UNLAWFUL
Within the jurisdictional areas defined in Section 9-1-3, it shall be unlawful for any
person to discharge from either a point or a non-point source any pollutant or
engage in any activity which will result in the degradation of water quality below the
standards set forth in Section 9-1-2.
SECTION 9-1-5: COMPLIANCE WITH PERMITS
Compliance with an applicable permit held by any person charged with a violation of
this Chapter shall constitute an absolute defense to any such violation.
SECTION 9-1-6: ENFORCEMENT
(a) Right of Entry: Whenever necessary to make an inspection to enforce
any provision of this Chapter, an authorized representative of the Town may go upon
any land at any reasonable time to inspect the same, provided that such person
identify himself/herself and, if such land be unoccupied, that such person shall make
a reasonable effort to locate the person having control of such land to notify them of
such entry.
(b) -Stop Work Order: Whenever any work or activity is being done
contrary to the provisions of this Chapter, or in violation of this Chapter, the Town or
its authorized representatives may order the work stopped by notice in writing served
on any person engaged in or causing such activity until authorized by the Town to
proceed.
9-1-7: PENALTY
(a) Offense: Any person who violates any of the provisions of this
Chapter shall be subject to the penalties provided in Section 1-4-1 of this Code for
each offense. Each day shall be deemed a separate offense.
(b) Actions: Any activity or use which is continued, operated or
maintained contrary to any provision this Chapter is unlawful. The Town may
institute injunction, abatement or any other appropriate action to prevent, enjoin,
abate or remove such violation, in which event the Town shall be entitled to recover
its costs and attorney fees.
(c) Remedies: The remedies herein provided shall be cumulative and not
exclusive and shall be in addition to any other remedies provided by law.
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,
Ordinance No. 6, Series 2006 _3 _
f
E
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 in order for licensed retail food establishments
who rely on wood burning cook stoves and/or smokers as a critical component of
their food preparation and cooking process.
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 16th day of May, 2006, and a
public hearing for second reading of this Ordinance set for the 6th day of June, 2006,
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 6, Series 2006 _4 _
ORDINANCE NO. 15
Series of 2006
AN ORDINANCE EXTENDING A MORATORIUM ON THE SUBMISSION AND
PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN
THE LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE
DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF
ACCOMMODATION UNITS, PARKING SPACES AND EMPLOYEE HOUSING
UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"),
is a home rule- municipal corporation duly organized and existing under laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town . (the "Council") have been
duly elected and qualified;
WHEREAS, on April 18, 2006, the Council adopted Ordinance No. 13, Series 2006, an
emergency ordinance establishing a sixty (60) day moratorium on the submission and
processing of building permits and land use approvals in the Lionshead Mixed Use 1 and
LionsHead Mixed Use 2 zone districts which would result in the net loss of Accommodation
Units, Parking Spaces And Employee Housing Units; and
WHEREAS, on May 8, 2006, The Planning and Environmental Commission (the "PEC")
tabled an application filed by the Town which contemplates amendments to the Lionshead
Mixed Use 1, Lionshead Mixed Use 2 Zone Districts and the Lionshead Master Redevelopment
Plan which would address the retention of Accommodation Units, Parking Spaces and
Employee Housing Units in Lionshead; and
WHEREAS, in consideration of -the procedural requirements and time necessary to
effectuate the subject text amendments to' Title 12, Vail Town Code, including a
recommendation from the PEC and two (2) readings of an ordinance by the Council, the Council
believes it necessary to extend the above-referenced moratorium for an additional sixty (60)
days.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO as follows:
Section 1.
The moratorium established by Ordinance No. 13, Series 2006, and providing for a sixty (60)
day moratorium on the submission and processing of building permits and land use approvals in
the Lionshead Mixed Use 1 and LionsHead Mixed Use 2 zone districts which would result in the
net loss of Accommodation Units, Parking Spaces And Employee Housing Units, is hereby
extended for an additional sixty (60) days to begin on June 16, 2006.
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 affect the validity of the remaining portions of this
Ordinance; and the Council hereby declares it would have passed this ,Ordinance, and each
Ordinance No. 15, Series of 2006
part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, clauses or phrases be declared invalid.
Section 3.
The 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.
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, this 16th day of May, 2006. A public hearing on this ordinance
shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the
6th day of June, 2006, at 6:00 P.M., in the Municipal Building of the Town of Vail.
Rodney E. Slifer, Mayor,
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 15, Series 2006