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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. ~ 'tF +~ _ g , ~t M ~1~~~ ~ ~? , ~'~ ~ / 1 y ~ , ,'+, ..q + t ,t w ._ d- ~' ~ ~ _ ~- . . t ," ~; '',` ~:: ~ L ~ti. r ~ ; ~; : .~~..~ ~~.1.._ ....~_~ , .~~ _. 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J `! a x ` 1 ~ y ~ 4~ .' .~ .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