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2006-09-19 Support Documentation Town Council Evening Session
TOWN COUNCIL EVENING SESSION AGENDA (Revised 9/15/06) 6:00 P.M. TUESDAY, SEPTEMBER 19, 2006 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 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. ITEMROPIC: Citizen Participation. (10 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) 3. ITEMROPIC: Town Manager's Report - Construction Update. - Update regarding expenditure of Vail Local Marketing District funds (10 min.) 4. Chris Dropinski ITEM/TOPIC: Vail Parks and Recreation Master Plan. (60 min.) Karen Grannan BACKGROUND RATIONALE: As a further step, the Vail Parks and Recreation Master Plan Subcommittee, made up of Vail Recreation District (VRD) board members, Town of Vail Council members, and staff from both organizations, met August 8th to discuss project progress and methodology, to review the inventory of facilities, to discuss major findings, and to discuss next steps. It was decided to present these major findings in draft form to a joint session of the VRD Board of Directors and the Vail Town Council. STAFF RECOMMENDATION: Provide direction on "future areas of focus." 5. Russ Forrest ITEM/TOPIC: Vail 2020 Update & Next Steps (15.min.) BACKGROUND: In August, 2006, the town initiated Vail 2020, a process that would engage the public in discussions related to values, vision and strategy. The Town of Vail hosted two community meetings on August 22 and 24t" to discuss community values and vision with the intention of creating a strategic plan for the Town of Vail. Approximately 195 people participated on August 22 and 115 on the 24t". In addition, the Town solicited and received feed back on the web from approximately 60 people. ACTION REQUESTED OF COUNCIL: In the work session, staff will review the input from the public and in the evening, staff will provide an overview of the public input and the draft values and vision statements derived from that input. Staff would appreciate direction from the Town Council on next steps and whether the draft vision and values statements are an appropriate point of departure for further discussion on developing a strategic plan. 6. Russ Forrest ITEM/TOPIC: Presentation of the results from the Rational Nexus Nina Timm Study done by RRC Associates. (30 min.) Chris Cares BACKGROUND: The Town of Vail currently has 30% of .the workforce living within Town. With current development projects creating an additional 1500 jobs and future redevelopment projects creating an even larger number of new jobs, the Town of Vail will need to implement additional housing mitigation measures if the Town wants to ensure at least the same percentage of employees continue to live in town. As previously discussed there are a number of strategies the Town may choose to implement. Today the focus is on commercial and residential linkage. The results from the Rational Nexus Study for employee generation for both commercial and residential development are complete. This study provides the legal basis for assessing a commercial and/or residential employee housing requirement. ACTION REQUESTED OF COUNCIL: Provide staff with direction to bring back an ordinance to codify a commercial and residential linkage requirement to generate additional employee housing units within the Town of Vail. 7. Warren Campbell ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a design review application (DRB06-0318), pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for exterior changes to an existing structure, located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On August 16, 2006, the Design Review Board denied a request for a minor exterior alteration pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to the exterior on the east, west, and south elevations of the Lifthouse Lodge, located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1. The appellant, Lifthouse Lodge Condominium Association, represented by Packy Walker and Fritzlen Pierce Architects, have appealed the Design Review Board's denial. Please refer to the staff memorandum dated September 19, 2006, for additional information. 8. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06- 0050} (10 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with modifications, or overturn the Planning and Environmental Commission's denial of this request. BACKGROUND RATIONALE: On August 14, 2006, the Town of Vail Planning and Environmental Commission denied a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract 1, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road). Several Commissioners noted concerns about the aesthetics and financial costs associated with the request, and the motion for denial was based upon the potential "negative environmental impacts" of the request. On August 15, 2006, the Town Council "called-up" this Planning and Environmental Commission action. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council overturns the Town of Vail Planning and Environmental Commission's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. On an appeal, the Town Council shall mace specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Council choose to overturn the Planning and Environmental Commission's denial of this request, the Community Development Department recommends the Council makes the following findings: "The Town Council finds: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 2. The proposed floodplain modification will not adversely affect adjacent properties, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 3. The proposed floodplain modification will not have an adverse affect on the environment, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. " 9. Tom Kassmel ITEM/TOPIC: Phase ll of The Spraddle Creek Relocation Project (10 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into a contract with Western Slope Utilities to construct the Spraddle Creek Realignment Improvement Project. BACKGROUND RATIONALE: Last Fall the Vail Development Group (developers of Four Seasons} realigned a portion of Spraddle Creek in order to facilitate the construction of their development. This Fall the Town of Vail is scheduled to replace a 200' section of Spraddle Creek to increase capacity and take advantage of the construction window to reasonably replace this aging culvert. This phase of work will start at the northwest corner of Nine Vail Road and continue south to the north side of West Meadow Drive. The remainder of the culvert replacement crossing West Meadow Drive will occur during the West Meadow Drive Streetscape Project. The Town received one bid from Western Slope Utilities that is within Budget. The Construction will occur between 1011 and 11/22. STAFF RECOMMENDATION: Authorize the Town Manager to enter into a contract with Western Slope Utilities in an amount up to $265,000 to construct the Spraddle Creek Realignment Improvement Project. i0. Tom Kassmel ITEM/TOPIC: Utility Easement for Qwest along Middle Creek to West Meadow Drive (5 min.) BACKGROUND RATIONALE: In order to provide a new fiber optic Qwest line to the Vail Valley Medical Center, Owest is requesting that the Town grant a 10' utility easement across Lot 10, and along the west side of Tract A and Tract C (Middle Creek) of Vail Village Filing 2. STAFF RECOMMENDATION: Authorize the Town Manager to grant a 10' Utility Easement across Lot 10, Tract A and Tract C. 11. Stan Zemier tTEM/TOPIC: First reading of Ordinance No. 20, Series 2006, An Dwight Henninger Ordinance Repealing and Reenacting Title 5, Chapter 9 "Wildlife Protection," Vail Town Code; Establishing Regulations and Standards Regarding the Protection of Wildlife; and setting forth details in regard thereto. (25 min.) BACKGROUND RATIONALE: In August of 2002, and in response to a dramatic increase in human-bear conflicts, the Vail Town Council (the "Council") adopted Ordinance No. 19, Series 2002, which amended the Vail Town Code (the "Code") to include a Chapter regarding Wildlife Protection. The stated purpose of the Wildlife Protection chapter was to "protect and maintain wildlife in the Town of Vail and surrounding areas and to minimize the risk of dangerous interaction befween humans and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill Andree of the Colorado Department of Wildlife, regarding the effectiveness of the 2002 ordinance, the Council directed staff to prepare amendments to the Wildlife Protection Ordinance which would more effectively serve the purpose set forth above. On July 18, 2006, the Council passed an emergency measure which removed the warning requirement for first time offenders from the current Wildlife Protection regulations and also eliminated the maximum fine amounts set forth in the Code. Accordingly, first time offenders of the current Wildlife Protection regulations are now subject to the General Penalty provision of the Code (up to $999 in fines and incarceration of up to 180 days, or both). On August 1, August 15 and September 5, 2006, the council heard testimony and evidence from Town Staff, members of the community, licensed waste haulers and the Colorado Division of Wildlife. The Council then provided direction to amend the current regulations to require all Town of Vail residents to obtain by April 15, 2007, at aminimum, AWildlife-Resistant Refuse Container (sturdy plastic with lid and latching mechanism). In addition, said container when not in use must be stored in a house, garage or other enclosure if available. STAFF RECOMMENDATION: Approve, approve with amendments or deny first reading of Ordinance No. 20, Series of 2006. 12. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 24, Series of 2006. An Ordinance Concerning the Organization .of a General Improvement District in the Town of Vail; Accepting the Petition for the Organization of Such Genera{ Improvement District, and Making Certain Findings and Determinations; Waiving all requirements for Notice, Publications; Waiving all Requirements for Notice, Publication and Hearing of the Formation of the General Improvement District; Establishing and Creating the Town of Vail General Improvement District No. 1; Town of Vail, Colorado; and Providing Other Details Relating Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve First Reading of Ordinance No. 24, Series 2006 BACKGROUND RATIONALE: Crossroads seeks to form a single general improvement district within the Crossroads property (the "District"). The District will be controlled by the Town of Vail and its primary function will be to: (1) administer public events conducted on the Plaza, as defined in the development agreement between the Town of Vail and Crossroads East One, LLC, for the Crossroads project (the "Development Aareement"); and (2) otherwise operate and maintain the Plaza within the parameters of the Development Agreement (but only to the extent that the Solaris Metropolitan District fails to do so). ). In order to fund these functions, the District will be authorized to impose and collect property taxes levied on real and personal property within the District, in accordance with the terms of an intergovernmental agreement to be executed between the District and the Solaris Metropolitan District. STAFF RECOMMENDATION: Approve First Reading of Ordinance No. 24, Series 2006. 13. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 25, Series of 2006. An Ordinance Designated by the Short Title "Election Ordinance"; Providing for an Election Concerning the Town of Vail General {mprovement District No. i, Town of Vaii, Colorado for the Purpose of Submitting to the Electors of Said District the Proposition of Imposing Property Taxes for the Purpose of Paying Costs of Operating and Maintaining Certain Public Improvements and to Allow the District to Collect, Retain and Spend Non Property Tax Revenues; and Prescribing other Details in Connection with Said Election and Indebtedness; Repealing Any Action Heretofore Taken in Conflict Herewith; and Ratifying Actions Previously Taken in Connection Therewith. (15 min.) ACTION REQUESTED OF COUNCIL: Approve First Reading of ..Ordinance No. 25, Series 2006 BACKGROUND RATIONALE: Crossroads seeks to form a single general improvement district (the "District") within the Crossroads property. The primary purpose of the District is to perform the following services (the "Services"): (1) administering public events conducted on the Plaza, as defined development agreement between the Town of Vail and Crossroads East One, LLC (the "Development Agreement"); and (2) otherwise operating and maintaining the Plaza within the parameters of the Development Agreement (but only to the extent that the Solaris Metropolitan District fails to do so). In order to fund the Services, the District will be authorized to impose and collect property taxes levied on real and personal property within the District, in accordance with the terms of an intergovernmental agreement to be executed between the District and the Solaris Metropolitan District. Section 31-25-607(4)(a), C.R.S., permits the Town Council, on behalf of the organizing District, to call an election of the District's electors regarding matters required to be voted upon under Article X, Section 20 of the Constitution ("TABOR"), including questions pertaining the impositions of taxes, and for spending certain moneys above limits established by TABOR. TABOR requires the District to submit ballot issues (as defined in TABOR) to the District's electors on limited election days before action can be taken on such ballot issues. November 7, 2006, is one of the election dates at which ballot issues may be submitted to the District's eligible electors pursuant to TABOR. STAFF RECOMMENDATION: Approve First Reading of Ordinance No. 25, Series 2006. 14. Matt Mire ITEM/TOPIC: Resolution No. 18, Series 2006, A Resolution Approving the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3. (10 min.) ACTION REQUESTED OF COUNCIL: Consider Resolution No. 18, Series 2006, for approval. BACKGROUND RATIONALE: Crossroads intends to form three (3) separate metropolitan districts within the Crossroads property for the primary purpose financing public improvements associated with the "Solaris" redevelopment project. The formation of the districts is contemplated in the development agreement between the Town of Vail and Crossroads for the above-referenced project. The Consolidated Service Plan for the proposed districts details the purpose, intent and operation of the proposed districts. STAFF RECOMMENDATION: Approve Resolution No. 18, Series 2006. 15. ITEMROPIC: Adjournment. (9:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, OCTOBER 3, 2006, IN 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. :°~f / r ~ ;'~~ .~-; ~' ,.1 Editor Vail Daily P.O. BOX 81 Vail, Co 81658 HOME OWNERS BEWARE In January I had a chimney fire, the result of inadequately cleaned flues and negligent renters on one side of my duplex. At dinner time I noticed black smoke coming from the chimney, recognized the problem, and immediately called 911 to report the fire. The fireplaces were quickly doused and everyone removed from the house. My concerns are these: 1. It took the fire engine over half an hour to respond, despite the station being almost in sight of my house, at the end of our road. I was told they were down valley on a medical emergency. 2. When the engine arrived, no action was taken until a second engine arrived to give directions. Were the first firemen volunteers? 3. For the first several minutes there was trouble locating the fire hydrant (located at the end of my driveway) and making the connection. (frozen?) 4. I tried to tell them where best to place a ladder to the roof, but I was ignored and told to get out of the way. More time wasted! I believe that for the first half hour the fire was contained in the flue, but by the time action was taken; it had escaped to the roof. The following questions were posed to the fire department, but they have yet to respond. 1. Why so late a response? Are there not emergency medical vehicles/personnel available for medical emergencies? 2. What is the mandated response time for fires in our area? 3. Are there not two engines stationed at the end of my road, and how often is the station vacated? 4. Does the Fire department respond to all auto accidents on Vail Pass? If the engine had been up the pass that evening, as they often are, my house would have burned to the ground. 5. Should not the fireman immediately talk to the owner to assess the situation? 6. The day after the fire, Chief John Gulick made several erroneous statements about the fire to the Vail Daily. Why? The obvious solution to this situation is to clean flues to avoid fires. However, if a fire occurs, homeowners should be prepared for a delayed response. t ~~ }~~~~~~. ~nwriaev~, VAIL RECREATION D I S T R I C T FUTURE AREAS OF FOCUS VISION STATEMENT: Through a partnership between the Town of Vail and Vail Recreation District, assure a comprehensive offering of park and recreation services for residents, visitors, and workers. 'This is accomplished by being both a direct provider of facilities, activities and services, and extending the partnership to include other public, private and non-profit organizations that are better able to generate additional capital funding and provide specific activities and services open to the general public by working with the Town of Vail and Vail Recreation District. GOALS: • Provide a basic level of core parks and recreation services for the residents of Vail Recreation District and the Town of Vail. • Provide recreation activities to attract and accommodate visitors to Vail and to encourage visitors to stay in Vail, complementing the alpine skiing opportunity and recreational on-site resort opportunities provided by the private sector. • Offer quality commensurate with the fee charged. AREAS OF FOCUS: 1. VRD and TOV Contracts and Agreements The lack of adequate contractual agreement between the Town of Vail and the Vail Recreation District is the most critical issue affecting the relationship between the entities and their collective ability to offer sustainable, comprehensive recreation programs and facilities to the community. Misunderstanding of responsibilities, expectations and capabilities has been the root of the past strained relationship. Rectifying the existing or missing contractual agreements will be critical to the success and vitality of both the VRD and TOV in providing quality recreation facilities, programs, and services for both residents and tourists. 2. Deferred Capital Maintenance and Funding Sources An effort is underway to quantify the current deferred capital maintenance backlog. Once this is identified, this issue should be approached through the eyes of the citizens of the Vail area. Citizens are generally less concerned (and often less knowledgeable) about which entity should be paying the bills than which funding source is most appropriate, and ultimately how the tax dollars get into the funding pots. In other words, policy discussions would be helpful regarding whether residents (through property taxes and real estate transfer taxes), or visitors (through sales, lodging, conference, and/or entertainment taxes, etc.), or some combination thereof, should be paying for the capital improvements. This will help create a packaged approach to examining and resolving this issue. Ultimately, whatever sources are determined each have to provide sufficient funding to address the deferred capital maintenance as well as ongoing need. 3. Capital Improvement Priorities Focus group participants, staff, and survey respondents all shared major concerns about the age and poor condition of many of Vail's indoor recreation facilities. Commonly identified facilities included the Golf Course Clubhouse, Nordic Center, and Imagination Station; all which stakeholders believe have major structural issues and are in need of major renovations or new facilities. There is also interest in investigating a complete redesign of Ford Park to provide more field space, parking, and to renovate the tennis court foundations. Although not just related to recreation, one of the major issues is the lack of parking at facilities and fields and the problems that this causes for general access, athletic competitions, and special events. It will be extremely important to prioritize these capital improvements and allocate funding to address those facilities which largely contribute to Vail's economy and "world class" image. 4. Recreation Programming and Special Events -Balancing Needs of Residents and Tourists Vail residents recognize that it is its renowned recreation opportunities that make Vail a "world class' resort. Tourism is the foundation for Vail's economic vitality. Citizens identified that it is important to continue and expand special events that help support sales tax revenue, such as the running and mountain: bike series, lacrosse and soccer tournaments, 4~ of July festivities, and concerts. Yet, programming and staff efforts must balance these special events with recreation programs and activities for the community. 5. Increase Partnerships and Regional Recreation Services The Vail community is highly encouraging of collaborative efforts between TOV and VRD. It is recognized that both the Vail and "Down Valley' communities are growing and that these agencies cannot be "everything to everyone." Issues include: ^ A need to continue building on a regional approach to prograrnmulg though cooperative effort with neighboring park and recreation providers. ^ Developing areas in Eagle County that are not part of a recreation providing entity such as VRD, the Western Eagle County Metropolitan Recreation District (WECMRD), Eagle-Vail Metropolitan District, etc. The growing number of "non- residents" of these Districts will continue to cause increasing pressure for service from the existing entities, in light of the limited/lack of service provided by the County. At a minimum, the VRD with the support of TOV must work with other Districts to consider a sustainable position in regard to anon-resident fee structure, and potentially inclusions. The town-wide issue of parking will need to be addressed through joint efforts between the TOV, VRD, and Vail Resorts. 6. Increase Credibility and Marketing of VRD and TOV It was brought to light through the public input process and staff interviews that Vail Recreation District and the Vail community have experienced some events in the past that have affected the public's perception and trust. The level of trust has significantly increased in recent years, and credibility, especially in regard to fiscal responsibility and sustainability of operations, is an area that will need continued focus for the near future. It will be extremely important to continue marketing efforts to increase the public's knowledge of the wide variety of recreation programs and services that the VRD and TOV are providing through collaborative means. 7. Incorporate the Vaii Park and Recreation Master Plan with the Vail Community Vision and Plan The objective of the Community Vision and Plan is to develop a roadmap for the Town of Vail as it faces a critical turning point, from development and expansion to redevelopment and enhancement. Vail's park and recreation resources are an important part of the Town's past and future. Findings and recommendations from the Vail Parks and Recreation Master Plan should align with the Community Vision and Plan, so that efforts between the TOV and VRD are coordinated and effective. Vail Parks and Recreation Needs Assessment June 2006 ~~~ VAII RECREATION D I S T R I C T Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 t T~~}N} V ~~~i~ ~~ t~ ~ t. Vision Statement Through a partnership between the Town of Vail and the Vail Recreation District assure a comprehensive offerin of ark and recreati n . g p o s.erv~ces for residents, visitors, and workers. This is accomplished by bein both a . g direct provider of facilities, activities and services - and extending the partnershi to include other p public, prwate and non-profit organization that are better able to generate additional ca ital . p funding and provide specific activities and services open to the general public b workin with the T . Y g own of Vail and the Vail Recreation District. ~~~~ ~~~ Prepared by GreenPlay, LLC and RRC Associates VAIL RECREATION June iJr, 2U~6 ~° D I S T R I C T - ~owx of v~ Y Focus Groups -Key Findings • The wide-variety of .recreation resources activities, and o ortunities current) rovided is hi ~il .valued pp y p g Y by the community; • Partnerships and a regional approach to programming must be strengthened to improve or .increase recreations I opportu n sties; • The Town has limited quality public indoor recreational facilities. Substantial capital improvements to existing facilities. within the Town are needed, such as the Golf Course. Clubhouse the Nordic Center, the Youth Services facili and tie ty, Tennis Courts. Ii ;~,// Prepared by GreenPlay, LLC and RRC Associates VAII RECREATION ]Une IS, 2006 ~'` DISTRICT 7Y1TV1T (~L' ~A Ti Key Findings (cont'd) • Request for more significant public involvement and feedback regarding the allocation of recreational funds, a balance of user fees and taxes, and transparency in financial reporting; • Increased community awareness and marketing of recreation programs, resources, and facilities is necessary to the economic vitality of the Town; ~`11~~~ Prepared by GreenPla LLC and RR Y, C Associates VAIL RECREATION June 15, 2006 ~_ D I S T R I C T ~owxoFV~, m Key Findings (cont'd) • Recreation programming must balance local needs with tourism, provide special events to increase revenue, provide activities for an aging population, and be accessible to all demographics and income levels; • Ease of parking at the referenced facilities needs to be evaluated and remedied through collaborative efForts between the TOV, VRD, and Vail Resorts. ,~11~1~ Prepared by GreenPlay, LLC and RRC Associates VAII RECREATION ~Une 15, 206 ~~ D I S T R I C T ~~ O~ ~d ~" ~, Citizen Survey Methodology • Distributed to: -Homeowners (by mail) • Permanent Residents • Part-time Residents -Renters (by door-hanging bags) • Available to be: - Downloaded from the VRD Website - Picked up at Town Hall Prepared by GreenPlay, LLC and RRC Associates VAIL RECREATION JUne 1S, 2000 ~~-` DISTRICT TbWNOFYAi~' Breakdown of Survey Distribution • Total of 2,798 Surveys distributed • Homeowners - Permanent Residents 57~~0 - Part-time Residents • Colorado 12% • Out-of-state 18% • Renters 13% loo°i° ,i~1V~~ Prepared by GreenPlay, LLC and RRC Associates. '; June 15 2 ~ VAII RECREATION i ~~0~~171L, x D I S T R I C T Response Rate • Total of 456 Surveys returned (16.3% response rate) Percent breakdown of surveys returned • Homeowners - Permanent Residents 70~~0 - Part-time Residents 2300 • Renters 300 100% (3% Printed from Web - not included in statically valid results) ,~11~~-..J Prepared by GreenPla , LLC and RRC As Y sociates VAIL RECREATION June 15, 2006 D I S T R I C T .,;. 1D1WN(~YAIL . Key Demographics from Survey • Respondents were: 52% male 48% female • Average age: 52 years with 10 percent under 34 years and 19 percent over 65 years • The average number of persons per household: 2.3 persons • About 20 percent of respondents reported children living in their household ~~~~ ~ r Prepared by GreenPlay, LLC and RRC Associates VAIL RECREATION June iS, 2~~6 ~y D I S T R I O T ~1-1r 1/F YLLL [ Key Demographics from Survey AI I parts of Town were represented - 36% East Vail - 42% West Vail - 19% Vail Village - 3% Sandstone • Over 94% of respondents live in the Town, the remainder in Eagle County • About 74% reported Vail as their "primary home; 26 percent were "seasonal residents" Prepared by GreenPlay, LLC and RRC Associates VAII RECREATION June 15, 2006 €t'`~' D I S T R I C T ~~ o~ i]~ i( Key Demographics from Survey • Long time residents were heavily represented - on average they had I ived i n Va i 117 yea rs -with 7% less than 2 yea rs • About 67% of respondents are registered voters in Vail • Household incomes ranged widely with 14% under $49,999 and 25% over $250,000 Prepared by GreenPlay, LLC and RRC Associates ~\T~ } VAII RECREATION June 15, 2006 ~n D I S T R I C T ~~ O~ fl]!L How well do you think the parks, trails, recreation facilities, and programs & activities provided in Vail are currently meeting the needs of the community? Percent Responding 4 "mostly' & 5 "completely' 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% PARKS (n=410) PLAYGROUNDS (n=346) TRAILS (n=408) 84% 82% ATHLETIC FIELDS (n=349) PROGRAMS AND ACTIVITIES (n=336) RECREATION FACILITIES (n=385) ,i111~~ VAIL RECREATION, D I S T R I C T Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 :` 1bWN OF VAt~ " How well do you think the parks, trails, recreation facilities, and programs & activities provided in Vail are currently meeting the needs of the community? PARKS PLAYGROUNDS TRAILS ATHLETIC FIELDS PROGRAMS AND ACTIVITIES RECREATION FACILITIES ,`11 j~`./ Prepared by GreenPlay, LLC and RRC Associates ^: ~ E VAII RECREATION lUne 1rJ, 2!706 ~ D I S T R I C T ~~ OF VLIiL ~ F~rcent Responding 4 "mostly" & 5 "completely" 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Frequency and ratings of recreation facilities and/or programs GERALD R. FORD AMPHITHEATER (n=363) BETTYFORD ALPINE GARDENS (n=341) VAIL MOUNTAIN (n=371) DONOVAN PAVILION (n=275) NEIGHBORHOOD PARKS (n=324) VAIL LIBRARY(n=343) 16 MILES OF RECREATION PATHS (n=394) VAIL GYMNASTIC CENTER (n=52) FORD PARK/SOFTBALL AND ATHLETIC FIELDS (n=153) VAIL TENNIS CENTER (n=68) VAIL NATURE CENTER (n=127) VAIL NORDIC CENTER (n=136) IMAGINAT ION STAT ION/CHILDREN`S DISCOVERY CENTER (n=44) DOBSON ARENA (n=190) RED SANDSTONE GYMNASIUM (n=43) VAIL WHITEWATER PARK (n=33) VAIL GOLF COURSE AND CLUBHOUSE (n=225) OUTDOOR ICE RINK (n=50) Percent Indicating "4 8~ 5 -Excellent" 0% 10% 20% 30% 40% 50% 80% 70% 80% 90% 100% 9 94° 90% ( 8 °10 (2. 84° (15.5 84° 0 (12.5 84° (33.3 84° (2.5 ti 7 % (2. times 7 % (2 mes u 1 1 74° . ( t es u 71% 3.5 tim s use 70% ( .3 tim s used 6 % (4. times sed) 63° (2.3 ti es us d) 63° (0.3 ti es us d) 55 0 (7.3 'mes u ed) 50% ( .5 tim s used -% (7.4 times used) (4 times used) 4.1 times used) times used) imes used) imes used) imes used) nes used) used) ed) :d) ~`11~~~ Prepared by GreenPlay, LLC and RRC Associates: f. VAIL RECREATION June 15, 2006 ~' DISTRICT TOWNOFYAIL` Ratings of recreation facilities and/or programs Percent Indicating "4 & 5 -Excellent" 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% .~ GERALD R. FORD AMPHITHEATER (n=351) BETTY FORD ALPINE GARDENS (n=329) VAIL MOUNTAIN (n=359) DONOVAN PAVILION (n=269) 16 MILES OF RECREATION PATHS (n=383) NEIGHBORHOOD PARKS (n=315) VAIL GYMNASUC CENTER (n=49) VAIL LIBRARY (n=333) FORD PARK/SOFTBALL AND ATHLETIC FIELDS (n=147) VAIL TENNIS CENTER (n=66) VAIL NATURE CENTER (n=122) VAIL NORDIC CENTER (n=130) IMAGINATION STATION/CHILDREN'S DISCOVERY CENTER (n=42) DOBSON ARENA (n=182) RED SANDSTONE GYMNASIUM (n=43) VAIL WHITEWATER PARK (n=33) VAIL GOLF COURSE AND CLUBHOUSE (n=219) OUTDOOR ICE RINK (n=47) ,`11~ j~ Prepared by GreenPlay, LLC and RRC Associates VAIL RECREATION June 15, 2006 D I S T R I C T e ^ Mail Survey fl~ Local Homeowners ° ^ Mail Survey to Par~time Res. ° g ^ Renfal Properles o 0 92% 0 ° 96° ° ° ~~°~° ° 85~~~ ~~o, ,~ 0 q° 4% 0 85% 0 ° 90% ° ° 86° 0 r~~i"~ 67 % ~_ ~ ~;_ 75% 0 ° a i --' ' b0% 00% ao°io 88~P oo°i° 100% 188~~ 100% ~` ~owxoFV~ Which programs do you currently participate in, and which need to be expanded, improved, or added? Individual activities Golfcourse Special events Athletic leagues Fitness and wellness programs Chiidreniyouth activities Day camp Children's culturaVarls programs Swimming programs Environmental education Volunteer programs Gymnastics programming Senior citizen programs General education, skills education Skathpark Teen activities Special needs/therapeutic ~~~111 ~~ VAIL RECREATION D I S T R I C T Percent Responding 0% 10% 20% 30% 40% 50% 60% 70% ° e %5% 9% ° ° 25% ° 21% 33% 17°Jo ° 17% ° ° ~~°% ° ° 14% 46% 13% °° ~Ip ° 16 /o 10% ° ° °~ 33% °~ 2s°i° ~, ~~? ~ 18 0 ^ Participate in /;8 ° ^ Need to be expanded/improved ° 5° 8° ®Need to be added Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 r 1 ~ow~oFV~ Which programs do you currently participate in? Percent Responding 0% 10% 20% 30% 40% 50% 60% 70% 80% Individual activities Golf course Special events Athletic leagues Fifiess and wellness programs Children/youth activities Day camp Children's cuNuraVarts programs Swimming programs Environmental education Volunteer programs Gymnastics programming Senior citizen. programs General education, skills education Skatepark Teen activities Special needs/therapeufic ~`\T~ VAII RECREATION D I S T R I C T 0 a 75% ° 47° 35% 3 % 30% 50% 22% 3 % 21% 13% 16% 3% 14% 20% 25% 15°iU ~~ 25% 9% 50% 13% 13% 0 15% 0 13% ~,' _ << 25% ^ Mail Sur vey to Local H omeowners 0 5% 3% 13% ^ Mail Sur ~ Rental P vey to Part-tim roperties e Res. Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 ~` ~owxoFV~ Which programs need to be expanded or improved? Percent Responding 0% 10% 20% 30% 40% 50% 60% 70% Golf course Individual activities Athletic leagues Teen activities Special evenly Fitr~ess and wellness programs Children's culfiuraVaris programs Children/youth activities General education, skills education Senior citizen programs Environmental education Volunteer programs Day camp Skafepark Swimming programs Special needs/therapeutic Gymnastics programming ,~~~~~~ VAIL RECREATION D I S T R I C T ~~~° 0 ° 48 /o 0 22°~ ~ 33% 19% 17% 17% 5o°i° 0 ~~~o 16% 17% 16% 16% 33% 0 /19% 0 10% 33% 11% 17% ~% 33% ~% 17% 8°/~ 33% ~ Mail Survey to Local Homeowners 5% 17% ^ Mail Survey to Part-time Res. 6% ~ Rental Properties Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 ~owxoFV~ Which programs need to be added Percent Responding 0% 10% 20% 30% 40% 50% 60% 70% Swimming programs Senior citizen programs Fitness and wellness programs General education, skills education Individual activities Skatepark Teen activities Volunfeer programs Children/youth activities Special events Children's culturaUarts programs Environmental education Special needs/therapeutic Golf course Athletic leagues Day camp Gymnastics programming \T~ VAIL RECREATION D I S T R I C T 50% 40% o 38 /o 0 °/ 0 50% 27% ~° ~ ° °i~ 30% 18% . ~.~ .~... 50% , !° ~~ ° 20 /o J~ ~/ ° 30% 14% 10% 12% 12% 1o°i° 10% 10% 10% gg ~S~o 5% -- 10% ^ Mai l Survey to Loca l Homeowners 5% p Mai l Survey to Part- time Res. 3% _____ Ren tal Properties ~~~~ Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 _::, x ''' 1~OWN OF VAIL Importance of the following indoor recreation features INDOOR POOL WITH LAP LANES (n=368) WEIGHT ROOM AND CARDIO FITNESS (n=375) GOLF COURSE (n=358) T EEN ACT IVIT IES AREA (n=341) ROCK CLIMBING WALL (n=356) INDOOR AQUAT IC CENT ER (n=361) CHILD CARE AREA FOR CENTER USERS (n=338) MULTI-PURPOSE SPACE (n=345) PERFORMING ARTS SPACE (n=348) DANCE STUDIOlAEROBICS (n=338) GYMNASIUM (n=328) INDOOR TRACK (n=342) SUANA & ST EAM ROOM (n=351) RACQUETBALLMANDBALLNOLLEYBALLCOURTS (n=343) DESIGNATED SENIOR AREA (n=334) ARTS & GRAFTS ROOM (n=331) Percent Indicating "4 & 5 -Important & Very Important" 0% 10% 20% 30% 40% 50% 60% 70% 63% 57% 9% 47% 45% 45% 43% 42% 41% 37% 37% 35°10 . 34% 32% 31% 23% --/ Prepared by GreenPlay, LLC and RRC Associates VAIL RECREATION ,IUne 15, 2OD6 ~` D I S T R I C T ~~0~**~ Im ortance of the followin indoor recreation features p 9 Percent Indicating "4 & 5 - Important S Very Important" 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% INDOOR POOL WITH LAP LANES (n=358) WEIGHT ROOM AND CARDIO FITNESS (n=364) GOLF COURSE (n=346) T EEN ACT IVIT IES AREA (n=333) ROCK CLIMBING WALL (n=346) INDOOR AQUATIC CENTER (n=352) CHILD CARE AREAFOR CENTER USERS (n=330) MULTI-PURPOSE SPACE (n=333) PERFORMING ARTS SPACE (n=339) DANCE ST UDIO/AEROBICS{n=328) GYMNASIUM (n=317) INDOOR TRACK (n=334) SUANA&STEAM ROOM (n=341) RACQUETBALLIHANDBALWOLLEYBALLCOURTS (n=334) DESIGNATED SENIOR AREA(n=325) ARTS&CRAFTSROOM (n=321) ,~11~~ VAII RECREATION D I S T R I C T 62% -- r.:,z~, 86% ~ `° srwi - 75% r~o~ ° i ~° 46°k 66% '° ~ - _.e~-~~ 91°k _43°/a 9% 44% 36% ~ i ~ 41% ~_ ~_ ~°. ~% o 37° 40% ~~~ 44°k 31°~ ,~,~ 54% ~ I I X10, I I 60% j 1 ~"~ ";jam,. , ~% ^ Mail Survey ~ Local Homeowners ^ Mail Survey bParr-time Res. 7N/° ~~ ~ Rental Properties Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 ~owxo~v~n, ' What are the top 3 areas that VRD should. focus on that would increase your frequency of use of facilities? AV19r91E,s Of prOgr~xrs Facilities and aneildes Priclrlgliserfees Better parking PrOgrar)6 I Vlklnt M Or'Bad]Ve r~Bp~dbn Opporttttities BUldlnp corxiitlorVpt~vsipl aspects Overiyl rrainbergnce Otlt~' Flotrs of operation QualityOf epuitxreC C ~6rorref'servlce'starf kroWedge Bettertrarsportation ACCesslbillCY Top Choice 0% 5% 10% 15% 20% 25% 30% 1 1% 1% 1% 1% Avl&'EnESS Of progrxr5 Facilities and arrerlities Pricirg/tser fees Better parking Programs I V10fY ore acctirue reamtion opporturtfes Ilildirg conditiorYpMsic~ aspects overall rrairte~nce Other FbtrS of operation Q1BIIty OF egUprrent C iatorrer service'stafe krov~iedge Bettatrffi5portadon Accessiblllty Second Choice 0% 5% 10% 15% 20% 25% 30% 12' o 11% 4% 1 8 0 7°/ 6% 8 0 2% 6% % 3 0 Third Choice 0% 5% 10% 15% 20% 25% 30% AvIkY'Hte55 Of pn7gt~T6 FaClllties and arrerllties Priclrg/userfees Behr parking Progrars I V~ertt M ore active reamdon opportuities BUldirg conditiorVpnysiral aspects Over~l rreir>benerlce OtttEl Fbua of ogeratlon Qu~ity Of equprreY C usmnerservice/stafF kroWedge Betterfrm~sportabon ACCESSIblllty 12 0 6% 1 % 11% A% 12 0 ~o/ 6% 3~0 11% 4% ~o/ 1% Prepared by GreenPlay, LLC and RRC Associates VAIL RECREATION June 15, 2006 ~ ~~' D I S T R I C T ~~]~(OF j]e ~' to 3 a reas that VRD shou Id focus on that What are the p I increase. our fre uenc of use of facilities? wou d y q y Top 3 Choices Combined 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Awareness of programs Pricing/user flees Better parking Facilities and amenities Programs I want More active recreation opportunities Building condition/physical aspects Overall maintenance Hours of operation Customerservice/staff knowledge Quality of equipment Better transportation Other Accessibility ,i~t~f VAII RECREATION D I S T R I C T 45% 36% 32°/0 30% 20% 1 % 1 % 1 % 1 % % 8% 7% 7% 10% Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 t TOWN(~VAIL What are the top 3 a reas that VRD shou fd focus on that wou Id increase our fre uenc of use f ' ' ' ? y q y o fac~l~t~es . Top 3 choices 0% 10% 20% 30% 40% 50% 60% 70% Awareness of programs Pricing/userfees Better parking Facilities and amenities Programs I want More active recreation opportunities Building condition/physical aspects Overall maintenance Hours of operation Customer service/staff knowledge Qualityof equipment Better transportation Other Accessibility ,~11~I VAIL RECREATION D I S T R I C T _~ ~` '~OWNOF VAIN Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 Financial Choices AMOUNT CURRENTLY BEING SPENT IN DEVELOPING NEW PARKS AND RECREATION FACILITIES so°io 54% 50% 40% ~% 30% 20% 12% 0% 10% Too little ,i~1~- VAIL RECREATION D I S T R I C T About right Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 Too much -,,,; ~f ~owxoFV~ Financial Choices AMOUNT CURRENTLY BEING SPENT IN DEVELOPING NEW PARKS AND RECREATION FACILITIES ~o°i° 60°l0 50% 40% 35% 30% 25% 20% 10% I ,~~~~~ VAII RECREATION D I S T R I C T 61% 53% 43% ~ Mail Surveyto Local Homeowners ^ Mail Suneeyto Part-time Res, Rental Properties 14% 12% 0 Too little About right Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 Too much 1 ~owxoFy~ Financial Choices AMOUNT CURRENTLY BEING SPENT IN MAINTAINING CURRENT PARKS AND RECREATION FACILITIES 80% 71% 70% 60% 50% 40% 30% 20% 10% 0% 25% 5% Too little About right ,`11~~~ Prepared by GreenPlay, LLC and RRC Associates VAII RECREATION June 15, 2006 D I S T R I C T Too much ~° SOWN OF YA1L Financial Choices AMOUNT CURRENTLY BEING SPENT IN MAINTAINING CURRENT PARKS AND RECREATION FACILITIES 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% ,`~~~~~ VAIL RECREATION D I S T R I C T ~ Mail Surveyto Local Homeowners Mail Sur~yto Part-time Res. 89% Rental Properties 83% 0 28% 12% 11% 5% 5% 0 Too little About right Too much Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 ~~. ~' ~ow~oFV~ Financial Choices VOTE FOR PROPERTY/SALES TAX OR ANOTHER FINANCIAL METHOD IN SUPPORT OF BUILDING AND OPERATING NEW RECREATIONAL FACILITIES 45% 41% 40% 35% 0% 30% 25% 20% 15% 10% 5°/a Definitely vote 'yes' ,i~11~1 ~~ VAIL RECREATION D I S T R I C T Probably vote 'yes' Probably vote 'no' Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 Definitely vote 'no' `~ ~: ~' TbWN QF VAII, Financial Choices VOTE FOR PROPERTY/SALES TAX OR ANOTHER FINANCIAL METHOD IN SUPPORT OF BUILDING AND OPERATING NEW RECREATIONAL FACILITIES 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% ^ Mail Surveyto Local Homeowners 42% 42% ^ Mail Sunaeyto Part-time Res. 0 p Rental Properties 0 o 25% ° 0 0 17% 17% 0 Definitely von 'yes' Probably vote 'yes' Probably vote 'no' Definitely vote 'no' ,i11~~~ Prepared by GreenPlay, LLC and RRC Associates , VAIL RECREATION June 15, 2006 ~~~Fy~ ~ D I S T R I C T V •Thank You! ~~ VAII RECREATION D I S T R I C T Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 TQIYN~YAIL How well do you think the parks, trails, recreation facilities, and currently programs & activities provided in Vail are meeting the needs of the community? PARKS TRAILS PLAYGROUNDS ATHLETIC FIELDS PROGRAMS AND ACTIVITIES RECREATION FACILITIES • k ~i;,~l ~ Prepared by GreenPlay, LLC and RRC Associates ~, VAII RECREATION ]Une 1S, 2006 ~~0~ ILIIJ.~' a D I S T R I C T Y Percent Responding 4 "mostly' & 5 "completely' 0% 10% 20% 30% 40°l0 50°/0 60% 70% 80°l0 90% h ich ro rams need to be added? W p g Percent Responding 0% 10% 20% 30% 40% 50% 60% Goff course Individual activities Athletic leagues Teen activities Special events Fitness and wellness programs Children's culturaVarls programs Childrenlyouth activities General education, skills education Senior citizen programs Environmental education Volunfieer programs Day camp Skatepark Swimming programs Special needs/therapeutic Gymnastics programming ,~~~~~ VAII RECREATION D t S T R I C 7 70% ~wx~vnn, Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 Goals • Provide a basic level of core parks and recreation services for the residents of the Vail Recreation District and the Town. of Vail. • Provide recreation activities to attract and accommodate visitors to Vail and to encourage visitors to stay in Vail, complementing the alpine skiing opportunity and recreational on-site resort opportunities provided by the private sector. • Offer quality commensurate with the fee charged. ~`11~~~ Prepared by GreenPlay, LLC and RRC Associates ~ , June 15, 2006 T~T riJA~ ~ VAII RECREATION ~n11 ~l ILI1L ~ D I S T R I C T Focus Groups • May 1-3, 2006 • 6 Focus Groups • 54 Citizen Participants • Community-wide Representation • 12 Hours of Input • 18 Questions VAII RECREATION D I S T R I C T Prepared by GreenPlay, LLC and RRC Associates June 15, 2006 i.:~. ~owxoFVn~ ` MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: September 19, 2006 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a design review application (DRB06-0318), pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a exterior changes to an existing structure, located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. Appellant: Lifthouse Lodge Condominium Association, represented by Packy Walker and Fritzlen Pierce Architects Planner: Warren Campbell SUBJECT PROPERTY The subject property is a mixed-use structure located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1. .The appellants, Lifthouse Lodge Condominium Association, represented by Packy Walker and Fritzlen Pierce Architects, are appealing the August 16, 2006, denial of a design review application, to allow for a change to the exterior of an existing structure. II. STANDING OF APPELLANT The appellants, .Lifthouse Lodge Condominium Association, represented by Packy Walker and Fritzlen Pierce Architects, have standing to file an appeal as they are the owners and representatives of 555 East Lionshead Circle. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a repaint, new deck railings, and stone additions to the east, west, south and a portion of the north elevations of an existing mixed-use structure, located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met." IV. BACKGROUND On August 16, 2006, the Design Review Board denied a request for a minor exterior alteration pursuant to Section 12-11, Design Review, Vail Town Code, to allow fora change to the exterior on the east, west, and south elevations of the Lifthouse Lodge, located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1. The appellant, Lifthouse Lodge Condominium Association, represented by Packy Walker and Fritzlen Pierce Architects, have appealed the Design Review Board's denial. A reduced copy of the denied plans are attached for reference (Attachment A). The Board made the following findings in denying the application: 1. The proposed changes to the Lifthouse Lodge are not in compliance with Section 8.3.2, Development Master Plans, of the Lionshead Redevelopment Master Plan. 2. The proposed changes to the Lifthouse Lodge are not in compliance with Section 8.3.3, Redevelopment Prioritization and "Triggers", of the Lionshead Redevelopment Master Plan. 3. The application, to allow for incremental changes to the existing decks and facade (color selection, stone application, and shutter application), would create an architectural design which was not complete in design integrity with the existing structure and would be detrimental to the neighborhood and the community as a whole per Section 12-11-1(D)(4), Guidelines, Vail Town Code. In making these findings the DRB discussed that the proposed yellow accent color on the south elevation was inappropriate for the scale of the structure, the proposed shutters were of a old world European design and the changes to "open" the decks through the removal of select solid walls and more transparent railings was not in harmony with the contemporary architecture of the existing building, the location and selection of a stone different than that of the retail base was inconsistent in the materials chosen for the structure. The Board was not in opposition to the "old world" design elements proposed for the elevations, but rather that the proposed changes did not go far enough to replace or fully disguise the contemporary architectural character of the building. The net result, as stated by the Board, would be a building exterior on which traditional "old world" elements were pasted over contemporary forms. In addition, the Board discussed the presented "master plan" for the redevelopment of the Lifthouse Lodge as required in Section 8.3.2, Development Master Plans, of the Lionshead Redevelopment Master Plan, and its inadequacy in depicting how the proposed incremental improvements to the structure would achieve the overall end design shown on page 1'2 of Attachment A. The Board asked the applicant if the proposed design shown in the "master plan" for the building was the desired architectural goal of the structure, as they did not see how the incremental proposal presented to them achieved the design shown. The applicant responded that it was one of numerous possible new architectural characters the structure could achieve. The applicant felt that the proposed "master plan" demonstrated that a complete architectural character could be achieved over time through incremental changes made to the structure. The Board disagreed that the proposed "master plan".depicted how the proposed incremental architectural change would achieve the design shown. The Board also discussed that the reason the north elevation/rear of the structure was granted approval in March of 2004 (DRB04-0031) to re-skin the elevation at the entry of the Lifthouse Lodge was that it was not visible from other elevations of the structure and it had a smaller more traditional design which allowed the use of shutters, yellow accent colors, and a new stone. 2 In conclusion, the Board asked the applicant if they would like to table to address the concerns of the Board at a later hearing. The applicant requested that the Board vote on the project as proposed. A motion to deny was made and seconded and by a vote of 3-0-2 (Fritzlen recused and Dantas was absent) the application was denied. A letter from Board member Sherry Dorward providing a synopsis of the Board's comments is included for reference (Attachment B). On August 23, 2006, the appellant filed an appeals form to appeal the Design Review Board's denial of a design review application (DRB06-0318), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to the exterior of an existing structure, located at 555 East Lionshead Circle. The appeals form and letter from the appellant are included for reference (Attachments C and D). V. APPLICABLE REGULATIONS Town Code Section 12-3 Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have fhe authorityto hearand decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and fhe standards and procedures hereinafter set forth. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by fhe requirements of this Title have or have not been met. Section 12-11 Design Review (in part) 12-11-1: INTENT.• A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation 3 without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces fo land uses within the vicinity and the Town, anal the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise ofjudgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of fhe Town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to aftain the objectives set out in this Section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this Chapter. D. Guidelines: It is the intent of these guidelines fo leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 7. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. To allow for fhe development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided. 3. To prevent the unnecessary destruction or blighting of the natural landscape. 4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment ofbuilt-up and open spaces have been designed so that They relate harmoniously to fhe natural landforms and native vegetation, the Town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. To protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 4 Lionshead Redevelopment Master Plan 8.3 New and Existing Structures 8.3.1 Special Provisions While These Guidelines offer a roadmap for the redevelopment of Lionshead, they are not intended to limit the efforts of developers and/or designers involved with new and existing structures. It is understood that many of the buildings within the community or may be unable to comply with some of the criteria described in the ADG. Many existing buildings, for instance, may already exceed the height criteria identified. Some existing roof pitches within the community may not meet the numerical values described. And many of the existing pedestrian streets may fall well short of the "ideal" proportions depicted. These and similar issues will be handled on acase-by--case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenets described. herein. Similar to existing structures, it is also understood that from time to time the Town may determine that it is desirable to afford flexibility in strict application of the Guidelines to new development projects. In these instances, the reviewing body shall rely upon the stated review criteria for deviations to the Architectural Design. Guidelines outlined in sub-section 8.3.3.A contained herein. Proposed renovations or additions which meet the general intent of the ADG will be offered more latitude with respect to specific non-compliant items than those which stray from the overall vision of Lionshead as described within-variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the "letter" of these Guidelines is not meant to discourage potential improvements. 8.3.2 Development Master Plans Since many of the structures within Lionshead are pre-existing, Development Master Plans are highly encouraged to define long-range goals for buildings within individual parcels. These Plans should be presented to the Design Review Board (DRB) for review when applying for initial building design approval, and should include information such as: • Overall architectural "vision" for all buildings within the site • Design strategies for maintaining consistent architectural language between renovations and new construction within fhe site • Proposed phasing plans 8.3.3 Redevelopment Prioritization and "Triggers" Consistent with Section 8.3.1 above, existing properties are encouraged to renovate and rehabilitate, to the greatest extent possible, the exterior of their buildings according to the parameters of the ADG. It is recognized, however, that a single, complete, and comprehensive exterior renovation may not be economically possible for all existing structures, and incremental improvements must be allowed. Having said this, the following potential exterior improvements should be considered as priorities by both private property owners and the Town of Vail. All reasonable efforts to encourage, provide incentives, and facilifafe these improvements should be made. • Renewed and expanded retail frontage. For properties fronting the Lionshead retail mall and retail pedestrian streets, the renovation and expansion of the ground floor retail level is perhaps the most critical element in revitalizing the Lionshead retail core. • Roofs. As outlined in the ADG, the roofscape of Lionshead is a •critical component in "knitting" together the built environment and providing visuaf cohesion to the urban fabric of Lionshead. • Planning considerations. All buildings in Lionshead, both existing and new development, should seek to fulfill the roles of landmarks, portals, turning points, and other roles as outlined in the Master Plan. • Form, massing and height criteria. • Building surface treatment- walls, doors, windows, signage, etc. • All other components of the architectural design guidelines. A critical question regarding the renovation of existing structures is when compliance with the architectural design guidelines is "triggered"orrequired. Regarding this, the following guidelines should be considered: • To the greatest extent possible, renovating properties should endeavor to make significant and meaningful improvements to their properties as opposed to small, insignificant improvements. This does not discount the importance of any improvement to a properties exterior. Any single incremental improvement to one building element will not necessarily trigger compliance on all remaining building elements. However, any portion of the building being improved should do so according to the parameters of the architectural design guidelines. For example, if a property applies to resurface the walls of their building, this resurfacing should be done according to the ADG, but will not in and of itself also require the replacement of the roof, or anofher major modification, at the same time. • Any proposal to add significant volume or mass to a property may trigger full compliance fo fhe Master Plan and Architecfural Design Guidelines. Deviations from Phis requirement shall require demonstration of compliance with the procedures and review criteria outlined in Subsection 8.3.3.A herein. Vt. Findings On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. 6 Should the Town Council choose to uphold the Design Review Board's denial of this request, the Community Development Department recommends the Council makes the following findings: "The Town Council finds: 1. The proposed minor exterior alteration is not in compliance with Section 8.3.2, Development Master Plans, of the Lionshead Redevelopment Master Plan. 2. The proposed minor exterior alteration is not in compliance with Section 8.3.3, Redevelopment Prioritization and "Triggers', of the Lionshead Redevelopment Master Plan. 3. The minor exterior alteration application, to allow for incremental changes to the existing decks and facade (color selection, stone application, and shutter application), would create an architectural design which was not complete in design integrity with the existing structure and would be detrimental to the neighborhood and the community as a whole per Section 12-11-1(D)(4), Guidelines, Vail Town Code." Should the Town Council choose to overturn the Design Review Board's denial of this request, the Community Development Department recommends the Council makes the following findings: "The Town Council finds: 1. The proposed minor exterior alteration to be in compliance with Chapter 11, Design Review, Vail Town Code. 2. The proposed minor exterior alteration to be in compliance with all requirements of the Lionshead Redevelopment Master Plan, specifically Sections 8.3.2, Development Master Plans, and 8.3.3, Redevelopment Prioritization and "Triggers'; of the Lionshead redevelopment Master Plan." VII. ATTACHMENTS A. Copy of the proposed exterior renovations denied by the Design Review Board B. Letter from Sherry Dorward, DRB member dated September 13, 2006 C. Appellant's appeal form D. ~Letterfrom the appellant E. Public notice and list of notified properties 7 ~~... SC-TERRY D(~RWARD ~as~A LANDSCAPE ARC111TECT ___ _ __ i'~? L~r~\ 7t;~, I";1 I i_~tPltil' i_ftEt#~ R~i,•\t? f~~ \~•'~II ~f~lt~:,~~(~~~ ~; i,.~: September 13, 2006 Vail Town Council 75 South Frontage Road West Vail, Colorado 81657 Re: Lifthouse Lodge Appeal of DRB Denial Members of Council: This letter summarizes what I recall as the rationale for the denial of the Lifthouse Lodge's application for DRB approval. We did not disagree in any way with the desire to renovate the building, but we did not feel that the proposed changes met the objectives of the Lionshead Redevelopment Master Plan. 1. The proposed changes to the fapade, quite traditional in character (shutters, for example), did not go far enough to transform the contemporary architectural character of the building. In fact, in the Board's opinion, the proposed changes are in conflict with the simplicity and horizontality of the existing building. The net result of a partial upgrade as proposed would be a building exterior on which traditional elements are awkwardly pasted over contemporary building forms. 2. The absence of a long-term master plan for completing exterior renovations on the entire building in the old-World character of the changes proposed made DRB members concerned that the building might never achieve any coherent architectural character, neither traditional nor contemporary. 3. We felt that the proposed fapade improvements did not very effectively address or upgrade the building's most visible deficiencies (particularly the odd existing roof forms and the exposed pre-cast concrete walls). For example, the proposed open railing detail; replacing the solid horizontal lines of the existing balcony railings, and the stone proposed on the back walls of recessed balconies would, we felt, just emphasize rather than counteract the repetitive vertical pre-cast elements that make the building so dated. 4. We understand that a full transformation is not required by adopted master plans, but we agreed as a board that, in lieu of such a plan, changes should be made that are more consistent with the character of the existing architecture Respectfully, ~~~ Sherry Dorward, ASLA tl a _7 ~ t, , ,'a ~; _; , ~, ¢r C a ~ °' 1 ,i ~, r~ ~ i~1 .f i ~ . ' 9 3 it i t' I M t, rE ~~ t~ r'~,c ,i i d~ ii, li; ~, n .. ~.~ i=', Attachment: B Appeals Form - ~ '~" Department of Community Development '~~~ ~~, A 75 South Frontage Road., Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or; Planning and Environmental Commission action/decision. A complete form and associated requiremeri~s must be submitted to the Community Development Department within twenty (20) calendar days of`the disputed action/decision. Action/Decision being appealed: ~~~`~. '~~ ~~ 1~` f~.. ./mil ~~,~~ ~ ~~.:.~ ,~~---. „~ J~~ ~°~- ~. ~ Dateof ActionJDecision: ~ ~ llo ~--~ ~r Board or Staff person rendering action/decision:. ~ ~~~ t_,11~.~,? 1,~', Does this appeal involve a specific parcel of land? yes) (no) If yes, are you an adjacent property owner? (yeses) (no Name of Appellants/): ~1 ~~c..2~ ~ i i:J f,.~1''~'i -.-~~~/.~"~'~,s,,J' Mailing Address: GfQ `~` -{~.,~~ ~ -.~ ~/~,~ ~~'~ ~~ ~1_ _ °°°_ .~ ~_ ~~~-,~ Phone:' `r Physical Address in Vail: .~.-l~r°~ `~=~' ~~~`"`' ~ ~" Legal Description of A nt(s) Prope Vail: Lot.Block~ Subdivision/'~~°~~",~ Appellant(s) Sign (Attac~ li signature~f more space is required). .~ Submittal Requirements: `'" 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and a!! adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.) PLEASE SUBMIT TH15 FORM AND ALL SUBMITTAL REQUIREMENTS TO TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. tf i ~~~ i~ i i ~, -_ l ~°~ ~~~'1 ~' r~l AUG ~ 3 2QQ6 ~ , ~ 7 ~~ al ',i ~'il [ ~ ' ~',~i ~-- ~ ~ s -- For Office Use Only: Date Received: AttaChCnent: C --- Planner: r..~.___,.~..a,,..~cnn~ec~nnni in~n,.~_.. i., a_,. l.yr~n Fl-i[rle!z, A1A. A!chit:ec:t: ttillias~ r. Fierce, tarc~titect K:at:l"!y I-i;~slinc;~~, E:3~,!siness t4$<lil<iLE?C August 23, 2006 Warren Campbell, Planner II Town of Vail Department of Community Development 75 S. Frontage Rd. Vail CO 81657 Re: Appeal of Design Review Board Action On August 16, 2006 Lifthouse Condominiums Lot 3, Block 1, Vail Lionshead l5t Filing FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Warren, On behalf of the Applicant, the Lifthouse Condominium Association (the "aggrieved or adversely affected person"), I would like to appeal the action of the Design Review Board, on August 16, 2006, that resulted in denial of the request by the Applicant to implement exterior improvements to the Applicant's property. The Applicant submitted the complete Application for Design on or about July 21, 2006, and provided requested additional material to the Staff at the end of July. The Applicant initiated and completed substantial improvements to the east and north facades of the Lifthouse Lodge in 2004. The Applicant intends to implement similar improvements to the south and west facades in 2007. In short the Applicant intends to replace the existing plywood railing system with open steel railings similar to those installed extensively in the immediate area. The Applicant intends to install stone veneer (that matches stone veneer installed in 2004) on the chimneys. The Applicant intends to install wood trim around the existing fenestrations and add shutters (similar to those installed in 2004) to the existing windows. The Applicant intends to repaint the fa4ade of the building to match the colors installed in 2004. In all instances the Applicant intends to match exterior finishes approved for the building in 2004. The Lionshead Redevelopment Master Plan anticipated incremental implementation of improvements to existing structures in Lionshead. From Section 8.3.3 of the Mater Plan: "It is recognized, however, that a single, complete, and comprehensive exterior renovation may not be economically possible for all existing structures, and incremental improvements must be allowed........All reasonable efforts to encourage, provide incentives, and facilitate these improvements should be made." PRE RLC E ~ ~°3~ ~iz5~ tildl~ ~S~e~EL'}j ~t'V~, ~d~~YICaC3E ~ ~, Vaif, t~'ols~ra~~Jo ~st657 t': ~~70.4"x`6.6342 F: ??70.476.490 i _.~..,,. ~.. I: i-!fo~~~va?[arc:;ut:r~it:~.~:c~rr~ w~~'vv.va!a"c!~"cects.c°Y" Attachment: D FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Including.: "Building surface treatment- walls, doors, windows,...". "Any single incremental improvement to one building element will not necessarily trigger compliance on all remaining building elements." From Section 8.3.1 of the Master Plan: "...any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the "letter" of these guidelines is not meant to discourage potential improvements." In closing it is clear the Guidelines not only allow, but encourage the improvements being proposed by the Applicant, and that the Design Review Board should have encouraged as well as endorsed the Application. I request a review of the action of the Design Review Board by the Town Council as soon as possible and encourage the Town Council to overturn the denial of the Application by the Design Review Board. e f~~`f is Pierce, Arc ite PRIIE RLC E ~ ~~O Ei;ST ~1:3iI ~Jl'Et}J C)I'V~, ~r7IIt"idf~C ~ ~ , V<zii, C:;C3lt,reiC1O $l>57 F: ?70,~i6.4901 "`"~•"„ ~::: iEl{~Di~>v~i l<:.I"{;ii11:E;f1:S.f:s~iTt lVb1~VJ,b cif 0 fC~F ECB~;I:S.C03T1 t~u~ L1 ~OJE 1~; 34PM LIFTi~UL15E CGtYDCJ~ 19'7C74'T~~3U;~ p. 1 ` ,~-Ga~-~7~PR©PERTIES T'~~~°~~~~E C ~~ !U@_j(VIUMS v~esrwir,d X48 ~o Frontage Read "1Caii, ~ 81657 ~ontaict: Jaff Jacobs Landmark 61(D VV. Liortshead ~irc:ia 'Vain, C~ 81657 Contact: Geoff Wright Liorrs~~ead Arcade i3csx 9 tFa61, CC? 81657 LE~reshead Pride P(~ ~x 1325 ~'aai, ~Q 81bS7 ~t~;'ttact: Lacier ~cmrz~er~al ~'ai! F~e~rts P® i3rax 7 llaii, C® $;~~~ CQr'itact: i3r0ar NicCart~v Vail 21 FJo~ilding 61-~ W. Lipnshead Circle \~all, ~~ f31fa57 Vantage Paint ~®ndomi;~i~rns 508 E. LicNtshead Clrcle 'Vail, ~£~ 81~a57 contact. Mike d"l~nCl 5~5 C. Lionshead Circle a flail. CvtNradq 8167 Q 8~b6-654.O~i35 ~° r t~ar~e: {9'~0) d75-.~3~U ^ Fax: (97t3) X976.93:13 Errtail:'lifthous~v~il.n~t a v~~ww:fff~ht~usQVaii.com Attachment: E ~,I~'T~I~CJ.~~ I.01)~~ THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, September 19, 2006, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEMROPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's denial of a design review application (DRB06-0318), pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a exterior changes to an existing structure, located at 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. Appellant: Lifthouse Condominium Association, represented by Packy Walker Planner: Warren Campbell 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 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. ~IG~~~ Dn O,US. 31, aoo6 D E S T I N A T I O N September ~ 2, 2006 Town Council of Vail 75 S. Frontage Rd. Vail, CO 81657 Re: Lifthouse Renovation Plans To Whom It May Concern: R E S O R T S 610 WEST LIONSHEAD CIRCLE VAIL, COLORADO 81657-5293 TELEPHONE (970) 476-1350 PAX (970) 476-1617 As a neighbor of the Lifthouse Condominiums I would like to express my support for their proposed exterior renovation. I have reviewed their plans and believe they are an improvement to what currently exists and I think they should be allowed. We all know that condominium associations are extremely difficult to convince to undertake any type additional expenditure for appearance sake. I hope you agree this would be an improvement for the area and not discourage their efforts. Please let me know if you have any questions. Sincerely, (```~, ~~?*,: } (' righ M Mana er of... Landmar Condominium Association Enzian Condominium Association Vaii 21 Condominium Association A Lowe Enterprises Company LAZIER COMMERCIAL PROPERTIES P.O. BOX 1325 VAIL, CO 81658-1325 970.476.0690 ext. 1 Fax 970.476.2320 September 15, 2006 Town Council Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Lift House Lodge Condominium Building Renovation Dear Town Council Lazier Commercial Properties supports the proposed renovation to the Lift House Lodge Building. I am very impressed with the north side renovation that faces Vantage Point, completed two years ago. I have received many -THANK YOU -GREAT JOB -complements from Vantage Point Homeowners. I might suggest different vertical shading and multi colors similar to the Arrabelle building. :~ f,. WESTWIND nrvAa 548 S. Frontage Road • Vail, Colorado 81657 (970) 476-9378 • (888) 588-9378 Facsimile (970) 479-5598 September 6, 2006 Dear Vail Town Council, The Westwind Condominium Association would like to lend our support to the Lift House Lodge. Their new plans have been reviewed and we feel the design would be appropriate for the new Lionshead. The plans were designed by a popular Vail Architect who has taken part in a number of Lionshead`s past and future projects and understands the theme of our neighborhood. Thank you for your atte~Ition to this matter ~. . ~/ Sincerely, i Jeff Jacobs General Manager Westwind at Vail 970-476-9378 jjacobsC vail.net _ i~ ,~a~,L Maru~emen.t Compun~ INPROVBMENT LOCATION CERTIPICATB SCALEr I~~ c b~ DATE OF SURVEY'~I/15/90 UPOATf 7/11/90 41198 Hignway6 A2/, Fagle~Vad Post Ol6de Hox I?30 Edwards, CO 81672 ao7.gag up6 NOTICE: According to Colorado lav you P~ coamence any legal action based wino any defect in this surny within Nree yaera after you Eirst dissever such defect. In rso event, may any action based upon arty defect in this survey be camnenced bye than ten years from the date of the certification ehoen Mreon. PATAICN A xCY JAN. R la¢T I hereby certSEy that this Igprovegent LNCa tlon CertlEl cats vas prepared Eox pOUCLAS wAl NER that 1t Is not a land avivay plat ox impx ovement survey platy and that Lt la not td be relied upon Eor the establlehment dE fence, bu Llding ox ether future improvement lines. I Eccthex Certify that the imp[ovemente on the above descrl bed pardel an this date, 7/11/SO , except utility eennectlans, ace entirely vltAin the boundaries of the parcel, except as shovn, that there are no enecoachments upon tfie described premises by Improvements an any adi Dint nq premises, except as Lndicated, and that there is nu apparent evidence or eSgn of any easement crossing oc burdening any pact of said parcel, except as noted. pate: ~•/i-Po _ Stan Hogfe t Colorado .L.S, 26598 Ion shown he n¢,u rs bn>ed on th« r and lees m tie n [tliarly pt aprzrty Ilse n •shown o pofar The Lift Ilnose A Cendemiaram r ord ed to Eaqle Carroty, Col or ad O, ClerF andeAeco[det e 6fi 0. Nono of the pro perry monuments r e the be.+t evidence of Che~origlnaln aperCy,aThe intent of Lhi s. su rvey is to shoe o the hu ildina s~n~a the re for ding nt the um Mn p. Attachment; A _.,J ~.:.\ `; J -,,- 1 NORTH ~ ~ I fi~ST FLOOR ~L~N A]01 07]1.06 DRB 5JBM17TAL W U V O wLLn ^~ J U ~ W ~~ppo =Nq~o Zzpm 000 ~>Q O mJu^ 2 ~ p' J J FRITZLEN PIERCE ARCHITECTS 1650 E. vell Vallry or. Fallridge L1 Vail, CO 81651 nixFlRCRwm Wg9I0~416A961 191614166311 IRST PL00 PLAN ~2oi a 15511E RECORD 09,13.05 UPDAT@ 15wANO@ 0'1.71 O6 vR@ w3MInAL E%IST. WALL REMAINS ~ NEW RAILIN65~ NEW STONE VENEER-~ NEW RAILIN6E NEW STONE VENEER- IffW STONE VENEER EXIST. YIALL "-~ REMAINS "ROOF OF LOMMERLIAL SPALE NOT SHOWN -VERIFY HEIGHT OF METAL RAILINb W/ EXISTING ROOF LONDITIONS { J+ NEW OPERABLE WINDOW NU WOOD SHITTER -NEW EXTERIOR AND INTERIOR TRIM " RooF of wMMEROIAL SPALE NOT SHOWN -VERIFY HEIGHT OF METAL RAILING VU E%ISTIN6 ROOF LONDITIONS W U U 0 ~~~ U m W ~~~o ,,/^~ 2y~~ V/ ZZQm ~ ~ Q Q >< O~JU^ _ ~o' ~- J ~_ J FRITZLEN PIERCE EXIST. WALL WINDOW W/ WOOD SMITTER -NEW EXTERIOR AND INTERIOR TRIM - NEW STONE VENEER ~ EXIST. WALL REMAINS E%IST. WALL rvlrvvOln vV Woa0 sHUrrER - NEw EXTERIGR AND INTERIOR TRIM NEW STONE VENEER Ex1sT. WALL REMAINS ' LONiRKTOR TO FIELD VERIFY ALL DIMENSIONS I ~ J DELK '~ -- (-~E%IST. F]NISH TO REMAIN I 7' ~ 61N PAINTING - SNLLO LOLOR #I SEGONn FLOOR PLAN A7o7 SCALE: I/6" _ I'-0'• N~IZTH ARCHITECTS 1650 EVail Vallry Or. Fallddge C-1 Vail, 0091651 wJVdiinvn.rnn fu1910106>901 PIN 4166314 SECOND FLR PLAN A~o~ 3 ISSUE RECORD 0'171.06 DRB SUBMITTAL EXIST, WALL REMAINS ~ NEW RAILIN65 ~ NEW STONE VENEER-. r$W STONE VFffER- NEW ~ -.,_.. . RAILIN65 REMOVE E%15T. WAl NFl'R STONE LNIT VENEER 305 ExIST. WALL REMAINS 1ElH CPERABL E WINDOW W/ WOOD SWJTTER -NEW ~ EXTERIOR AND INTERIOR TRIM NEW E%TERIOR A~ INTERIOR TRIM - E%15T. WINDOW REMAIN5 / l~ffW WOOD SHITTER J NEW OPERABLE WINDOW YV WOOD SlX1TTER - NEH E%TERIOR Alm INTERIOR 7RIM- E%15T. WALL WINDOW W/ WOOD SHUTTER -NEW EXTERIOR AND NTERIOR TRIM- NEW STONE VENEER -J E%15T. WALL REMAINS EXIST. YNLL NEW OPERABLE WINDOW YYi WOOD 5HUTIER -NEW EXTERIOR AND NIERIOR TRIM NEW STONE VENEER E%IST. WALL REMANS + coNRRACroR To FIELv VERIFY ALL DIMEW'IONS I I __J ~ DEOK I L-__---~-----_.___ E-SEXIST, FINISH TO REMAIN 8E61N PAIMINb - 5NOO0 LOLOR Xl I THIRn FLOOR PLAN A]O3 NORTH LIJ U U O '~LLn ~'~ J u m LV ~~~o ~~//~~ _ ~Q o V I Z Z Q m o°ao vt~Q O N Ju-, I((12L "o~ W J J FRITZLEN PIERCE ARCHITECTS tSSO E. veu vaury o:. rawa~ui va~6mmsn aa~l.Rhlmrn.~m fora ID) 4Tfii901 19l 11I6fi143 3RD PLR PLAN ~~03 y ISSUE RECORD 0771AG DR8 51,8MITTAL E%15T. WALL REMAINS ~ NEW RAILIN65~ NEW STONE VENEER -. NEW RAILIN65 NEW STONE VENEER- NEW STONE VENEER q05 E%IST. WALL REMAINS NEW OPERABLE WINDOW W/ WOOD 5VWTIER -NEW EXTERIOR ANO INTERIOR TRIM NEW EXT. LIGHT -MATCH EXT LIGHT LOCATED ®NORTH SIDE (SEE ELEV. y FOR Nr.) TYP. ~ I NEW OPERABLE WINDOW W/ W000 SHUTTER -NEW EXTERIOR AND INTERIOR TRIM- E%15T, WALL WINDOW YV W000 SHUTTER -NEW EXTERIOR AND INTERIOR TRIM- NEW STONE VENEER -~ EXIST. WALL REMAINS ~ EXIST. WALL DOLOR NI VERIFY ALL DIMENSIONS NEW EXT. LIGHT -MATCH EXT LIGHT LOCATED . NORTH sloE (sEE ELEV. PDR HTJ Trn. I I J DECK i 1 1 (--SEXIST. FlNISH TO REMAIN BEGIN PAINTING - STIKGO CALDR AI FOURTH FLOOR PLAN n A2O4 SCALE: I/6" = I'-0•• NORTH W V U O wLL~ J ~~'° U m W °wo° =N~o ZzOm 000 ~jQ O~JU^ 2 "o~ J J FRITZLEN PIERCE ARCHITECTS 1650 E. Vail Valley Dr. Falhidge Gl Vail, C0 B1651 wihYrNimN.mm fa19~N 1)61901 19.161 414 65 42 4TH FLR PLAN ,~~o~ 5 n SOUTH EL~VA~TION A301 SCALE: I/8" = I'-0" KEYNOTES I. NEW CHIMNEY ~ IUD (KYNAR FINISH) 2. E%IST. WALL TO BE REMOVED - PATLH TO MATCH EXIST. -PREP, PRIME, PAINT W/ 2 GOATS AGRYLIG LATE% E%T. PAIM IN ACCORDANCE W/ MFGR. INSTwlcnorv5 (ttP) 3. REPLACE EXIST. WOOD FASCIA W/ TIGHT KNOT R5, CEDAR -PROP, PRIME, PAIM W/ 2 GOATS AGRYLIG LATE% E%T. PAMT IN ACCCRDANGE YV MF6R, INSTRIILTIONS (7YP) - KEG E%15TIN6 FLASHING -PREP, PRIME, PAIN7 VU 2 GOATS AGRYLIG LATE% EXT. PAINT IN ALfARDANGE W/ MF6R, INSTRUCTIONS (TYP) 4. NEW OPERABLE WINDOW, WOOD TRIM WO00 SHJTTER - RE: A803 -NEW INTERIOR TRIM TO MATCH E%15T, TRIM IN UNIT. 5. NEW METAL RAILINGS (7YP) - RE: A602 b. NEW WOOD TRIM AT DOORS (TYP) - RE: A803 T. NEW LIGHT AT LOCATION SHOWN (MODEL. R,UD LIGHTING MLE8407) 8. NEW OPERABLE WINDOW, WOOD TRIM 6 WOOD SMITTER TO FIT WITHIN E%IST. OPENING - NEW INTERIOR TRIM TO MATCH E%15T. TRIM IN UNIT. 9. NEW STONE VENEER (TYPJ -THIN STONE VENEER TO MATCH VENEER ®LOBBY - U5E GUT STONE ONE-PIECEGORNER -INSTALL PER"ADHERED NATURAL STONE VENEER INSTALLATION GUIDE" PREP. BY ATKIN50N-NOLAND 6 AY~OG., INL - SEPT. 2003 (DOPY AVAILABLE FROM ARGHITELT) 10. PAINT EXIST. STUCCO ANP MATGHIN'b PATLfffD AREAS W/ 2 GOATS OF AGRYLIG LATEX EM. PAINT PER MF6R INSTRWTIONS FOLLOWING POWER W45H OF SNGGO SURFACES (TYP). II. NEW WOOD SWJTTER - RE: AB03 12. PAINTABLE URETHAlff CAULK ®ALL E%IST. AND NEW INTERSECT10N5 OF DISSIMILAR NATERIALS -USE BACKER ROD ®ALL .101NT5 GREATER THAN Y4^ (xP7 13. NEW EXTERIOR AND INTERIOR TRIM - MATCH INTERIOR TRIM WITH EXIST. TRIM IN UNIT 14. PREP, PRIME, PAINT (2 GOATS AGRYLIG LATE%EXT. PAINT) EXIST, PLYWOOD SIDINS IN ACLORDANGE W/ MF6R INSTRIIGTIONS 15. REPLACE ALL GORIffR 2X W000 TRIM W/ TIGHT KNOT R5. CEDAR -PREP, PRIME, PAINT 2 GOATS of AGRYLIG LATE% EM. PAINT - RE: A803 x1.06 8 SUBMITTAL W U V O wLLn ~~~ J ~' U '- m LJJ ~°oo ~/~ =h<o V I ~Z KQm ~ ~ ~ Q :nj~ O ~ J V _ "o' LL J FRITZLEN PIERCE ARCHITECTS isw e. va;l valNy o~, calmdge c-i Vail, CA 6165> vulaMnem.mm IWY101416-4901 19NI416fi343 EXTERIOR ELEVATIONS a~oi ~ WEST ~L~V~TION A301 SCALE_ U8" = I'-O" n ~NLA~RG~D: SOUTH ~NTRA~NGE A501 SCALE: I/4" = I'-O" E%15T. DOOR LOCATION NEW ENTRY DOOR VU ADA AOLESS HARDWARE NEW STONE VENEER PEW REOE55ED DOWNLI6HT5 ON HOUSE PANEL (ABOVE) LINE OF NEW ROOF ABOVE DEMO f PROPOSED n ENLI~RG~D: SOUTH ~NTRANG~ ASOi SCALE: 1/4" = I'-0" KEYNOTES I. NEW WOOD FASLIA - TI6HT KNOT R5. CEDAR -PREP, PRIME, PAINT W/ ~ LOATS AGRYLIL LATE%EXT. PAINT IN AOLORDANLE W/MF6R, IN57RUL710N5 2. NEW RELESSED DOWNL16H75 ON HOUSE PANEL 3, NEW STAImINb 5EAM LOPPER ROOF FLA5HIN6 (KYNAR FINISH) 4. NEW HEAVY TIMBER FRAMING -PREP, PRIME, PAINT W/2 GOATS ALRYLIG LATE% E%T. PAINT IN AOLORDANLE YV MF6R. INSTRllOTI0N5 (TYP) 5. NEW ENTRY DOOR W/ ADA ACCESS HARDWARE 6. NEW WOOD TRIM AT NEW ENTRY DOOR 1. NEW STONE VENEER (ttPJ -THIN STONE VENEER TO MATLH VENEER ®LOBBY -USE CUT STONE ONE-PIELE-CORNER -INSTALL PER "ADHERED NANRAL STONE VENEER INSTALLATION WIDE"PREP. BY ATKINSON-NOLAND t A550G.,INL.- 5EP(. 7003 (LOPY AVAILABLE FROM ARLHITELT) B. NEW 570000 01.11.06 DRB SUBMITTAL W U ~~ OwLLN J ~ N'° a~~ o M W ~wo° ~_~~° zZ~m 400 >J O~Ju m~ 2 ~0 J J FRITZLEN PIERCE ARCHITECTS 1650 EVail Vallry Dr. Fillndge t-t Vail, CO91fifi1 vilarcNihm.mm 1~91014)fiA901 9Jp4166342 ENLARGED DRAWI NG5 ~~oi 4 % 4 STEEL POST (TYP) %" STEEL PICKETS (TYP) I 'h" x I K" TUBE STEEL (TYP) a" STEEL PLATE W/~/e" APOXY EDGE OF SLAB Y"STEEL PLATE VU ~o° APOXY WEDGE ANCHORS EXISTINS WALL O 0 0 R~ I L I NG - PLAN ®GORNER n Aao~ SCALE: I I/2" = I'-0" ~_ /~ __- '~ PROVIDE SHOP DRAWINGS POR ALL FABRICATIONS * POWDER GOAT ALL STEEL FABRICATIONS (THICKNESS =MIN. OT 3 MIL.) STEFL GAP 4 X 4 STEEL POST ~" STEEL RING 6" o.D.) I K" NBE STEEL (Ib O D I I Xa" % 11S" NBE STEEL - ~" STEEL PICKETS) / I Xt" % I)<i' TI~BE STEEL J WC 10 % 0.4 STEEL CHANNEL WC 10 X 8.4 STEEL CHANNEL EXISTING SNGGO DECK WALL - PATLH TOP AND OUTSIDE EDGES AS REO'D - PREP, PRIME, PAIM 2 GOATS AGRYLIL LATEX EM. 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' '~.: »~ a ,~ _.~.~ F t, ..- ~ a, 13 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: September 19, 2006 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Appellant: Vail Town Council Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road). II. STANDING OF APPELLANT Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. III. REQUIRED ACTION The Vail Town. Council shall uphold, uphold with modifications, or overturn the Town of Vail Planning and Environmental Commission's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for enhancements to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract (, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i.e. Title 12, Zoning Regulations, Vail Town Code) have or have notbeen met." IV. BACKGROUND The applicant is requesting approval of enhancements to the creek's hydraulics for recreation (i.e. kayaking) by attaching black, rubber inflatable bladders to the top-side of the under-water concrete bridge abutment slab directly below the Pedestrian Bridge. Since the proposed bladders will be deflated, either manually or automatically, in the event of high water flows; the bladders will have no effect on the 100-year flood plain elevation or on adjacent properties during a flood event. For a more complete description of the modifications to the Town of Vail White Water Park, located within the Gore Creek floodplain, please refer to the attached August 14, 2006, Staff memorandum to the Planning and Environmental Commission (Attachment A). On July 24, 2006, the Planning and Environmental Commission reviewed the proposed request. The Commission was split with 3 in favor and 3 in opposition to the request, with those opposed to the request noting concerns about the aesthetics and financial costs of the proposed inflatable bladders. Rather than denying the request by a split vote, as a courtesy to the applicant the Commission tabled this item for further discussion at its August 14, 2006, hearing. On August 14, 2006, the Planning and Environmental Commission again discussed the request and then denied the request by a vote of 4-3-0 (Pierce, Gunion, Bernhardt opposed). As part of the motion, the Commission denied the request based upon the potential "negative environmental impacts". Excerpts from the meeting action minutes of the Commission's July 24, 2006, and August 14, 2006, hearings have been attached for reference (Attachment B and Attachment C). V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hearand decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person"means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general .interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact 2 } must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. VI. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council overturns the Town of Vail Planning and Environmental Commission's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for .modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Council choose to overturn the Planning and Environmental Commission's denial of this request, the Community Development Department recommends the Council makes the following findings: "The Town Council finds: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodp/ain Coordinator. 2. The. proposed floodplain modification will not adversely affect adjacent properties, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodp/ain Coordinator. 3. The proposed floodplain modification will not have an adverse affect on the environment, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator." VII. ATTACHMENTS A. Planning and Environmental Commission August 14, 2006 memorandum B. Planning and Environmental Commission July 24, 2006 agenda results (excerpt) C. Planning and Environmental Commission August 14, 2006 agenda results (excerpt) D. Public Notice 3 Attachment: A ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto, (PEC06- 0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson I. SUMMARY The applicant, Town of Vail, is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. At its July 24, 2006, public hearing, the Planning and Environmental Commission approved the applicant's request for floodplain modifications to allow for the stabilization of the Gore Creek stream bank. Due to a split vote of 3 in favor and 3 against, the Commission chose to table the applicant's request for a floodplain modification to allow. for enhancements to the White Water Park. It is Planning and Environmental Commission's role to review the floodplain modification element of this project. It is the Town Council's role to evaluate the use of public land, the use of public funds, and all other public policies related to this project. The review of design and aesthetic is the role of the Design Review Board. Based upon Staff's review of the criteria in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the requested floodplain modification, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. A vicinity map has been attached for reference (see Attachment A). The existing Vail White Water Park is located east of Willow Bridge Road and to the north of the Gore Creek Promenade. The applicant is requesting approval of enhancements to the creek's hydraulics for recreation (i.e. kayaking) by attaching black, rubber inflatable bladders to the top-side of the under-water concrete bridge abutment slab directly below the Pedestrian Bridge. These inflatable bladders can be inflated to varying degrees to direct the flow of Gore Creek toward the center of the channel and to create a larger wave feature. The bladders will be inflated by an air compressor to be located in abelow-grade vault behind (i.e. north) of the existing retaining wall along the north Pedestrian Bridge sidewalk. The bladders will be deflated during normal conditions, but inflated to one of several settings for events such as the Teva Mountain Games. The bladders will typically be manually inflated and deflated; however, an automatic shut-off will be linked to an upstream river stage sensor as a back-up to ensure the bladders are deflated in the event of high water flows. Since the proposed bladders will be deflated, either manually or automatically, in the event of high water flows; the bladders will have no effect on the 100-year flood plain elevation or on adjacent properties during a flood event. The applicant's request (Attachment B) and the proposed engineering drawings (Attachment C) have been attached for reference. III. BACKGROUND On May 8, 2000, the Planning and Environmental Commission granted approval of a floodplain modification request by the Vail Valley Tourism and Convention Bureau and Town of Vail to create the Vail White Water Park located within Gore Creek adjacent to the International Bridge and the Gore Creek Promenade. On July 18, 2006, the Vail Town Council approved funding for the construction of this project. On July 24, 2006, the Planning and Environmental Commission approved the floodplain modification to allow for stabilization of the Gore Creek streambank by a vote of 5-1 (Cleveland opposed). Also on July 24, 2006, the Planning and Environmental Commission tabled the applicant's request for a floodplain modification to allow for enhancements to the White Water Park, due to a split vote of 3 for (Bernhardt, Gunion, and Pierce) 'and 3 against (Cahill, Cleveland, and Jewitt). Commissioners Cleveland and Cahill .noted concerns about the aesthetics of the proposal, and Commissioner Jewitt noted concerns that FEMA had not yet formally adopted the updated floodplain insurance maps. 2 IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible. for final approval, approval with conditions, or denial of a floodplain modification application. The Commission has no review authority over the related design review application, the use of public lands, the use of public funds, or other public policy decisions related to this proposal. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations (Title 12, Vail Town Code Section 12-21-10E, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) E. The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-6, GRADING STANDARDS (in part} Floodplain Standards: No grading is permitted in the 100-year floodplain without Planning and Environmental Commission approval. If an applicant wishes to grade into the 100-year floodplain, an environmental impact report is required. The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water surface profile and velocity, as well as stating ~ that there will ~be no adverse impacts to adjacent properties. No permanent improvements shall be constructed - within 1 ' of the floodplain line. The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum 1 "20' topographic 2' contour map using the adopted Town of Vail flood profiles (the Federal Emergency Management Agency Flood Insurance Study). The topographic survey shall reveal the method for determining the starting point and the starting elevation for the floodplain delineation. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and FEMA maybe required. VI. CRITERIA AND FINDINGS Floodplain Modification A. The Planning and Environmental Commission shall consider the following criteria when reviewing an application for a modification to the floodplain: 3 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. The technical analysis prepared by River Restoration.Org, LLC (Attachment B, Exhibit 2) and the Town of Vail Floodplain Coordinator's analysis (Attachment B, Exhibit 6) find that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. The technical analysis prepared by River Restoration.Org, LLC (Attachment B, Exhibit 2) and the Town of Vail Floodplain Coordinator's analysis (Attachment B, Exhibit 6) find that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 3. Such other factors and criteria as the commission deems applicable to the proposed floodplain modification. On May 8, 2000, the Planning and Environmental Commission granted approval of a floodplain modification request by the Vail Valley Tourism and Convention Bureau and Town of Vail to create the Vail white water park located within Gore Creek adjacent to the International Bridge and the Gore Creek Promenade. This proposal would allow for the enhancement (i.e. hydraulic modifications created by inflatable bladders) of the existing Vail White Water Park. On July 18, 2006, the Vail Town Council approved funding for the construction of this project. B. The Planning and Environmental Commission shall make the following findings before approving a floodplain modification: i. The proposed floodplain modification will not increase the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. This recommendation is based upon the 4 review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for 'floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract 1, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto, subject to the following conditions: 1. Prior to construction, the applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 2. Prior to construction, the applicant shall coordinate all grading associated with this proposal with the State of Colorado Division of Wildlife to ensure the protection of fish and other aquatic species. 3. All improvements/modifications shall comply with the study completed by River Restoration.Org dated July 13, 2006. 4. Within 30 days of completion of the improvements/modifications within the 100-year floodplain, the applicant shall obtain- Town of Vail approval of an as-built survey demonstrating that the modified 100-year floodplain was modified in accordance with this approval. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 2. The proposed floodplain modification will not adversely affect adjacent properties, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 3. The proposed floodplain modification will not have an adverse affect on the environment, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. " VIII. ATTACHMENTS A. Vicinity Map B. Applicant's Request 1 Exhibit 1: Site Plan 2 Exhibit 2: Hydraulic Study 3 Exhibit 3: Photos of existing site 4 Exhibit 4: Photos of deflated and inflated systems 5 Exhibit 5: Environmental Impact Report 6 Exhibit 6: Letter from Floodplain Administrator C. Engineering Drawings D. Public Notice 6 Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Public Works DATE: July 24, 2006 SUBJECT: Gore Creek Promenade Whitewater Park Enhancements Background • The Vail Whitewater Park was originally constructed in the fall of 2000, with the expectations that there would be "tweaks" required to the whitewater features to achieve their full recreational potential. The park consists of three natural boulder whitewater features. The feature located between the International Bridge and the pedestrian bridge is used during the Teva Mountain Games as a "main event" rodeo hole due to its prominent location in Vail Village, enjoying national television coverage. In addition, boaters often stop and play in this lower feature as they kayak down Gore Creek. However, the park. has not been a "destination" park as originally anticipated. • Each year since 2000, with the exception of 2005, alterations to the park have been budgeted. However, the pending revision of the FEMA Flood Insurance Rate Maps (`Floodplain Maps') has prevented any work due to changes to the Base Flood Elevation (100-year Floodplain or `Floodplain Elevation') in this area. • Now that the `Floodplain Maps' are nearing completion, the Town has hired a consultant to assist with the design of potential alterations to the park. The consultant performed hydraulic modeling work on this stretch of Gore Creek, and a synopsis of their findings is shown below. Note that final adoption of the new `Floodplain Maps' is likely 12+ months away. Engineering Recommendations • The new `Floodplain Maps' show that the revised Floodplain Elevation is actually higher than the finished floor elevation of the ground floor of Village Center Building A. This is not a result of the construction of the original park, since the new `Floodplain Maps' are based on pre-water park topography. Fortunately for Building A, there is a small berm that separates the creek from the building, therefore FEMA considers that Building A is not in the floodplain, however, less than 7" separates the top of the berm and the `Floodplain Elevation'. • Without getting into significant detail, the consultant does not recommend major physical changes to the river, such as reconstructing the existing features, without mitigation to protect Building A from potential flooding. Mitigation techniques could include a three foot tall flood wall or significantly increasing the berm size, neither of which are likely to be endorsed by Village Center. Adjustable Feature • The idea of a removable or adjustable feature was first discussed several years ago by Staff as a way to enhance the recreational experience of Vail's Whitewater feature while reducing or eliminating the flood hazard that a traditional feature may create. • The concept is that the feature becomes non-existent during extremely high flows or in the possibility of flooding. • The proposed feature would consist of eight (8) inflatable rubber bladders attached to the existing concrete slab located beneath the pedestrian bridge. The bladders are inflated as needed to focus the flow of Gore Creek towards the center of the river and enhance the wave created by the existing boulder whitewater feature. • When deflated, the bladders are less than 3" tall, and staggered across the existing concrete slab. Hydraulic models indicate that these cause no impacts to the floodplain elevation. Project Rationale This proposal is the only option for significant enhancement to the recreational experience of the park because of concerns about raising the 100-Year Floodplain. However, there are multiple benefits to the "adjustable feature". A. 100-Year Floodplain • Installing permanent boulder features that improve the whitewater recreation experience of the park will raise the 100-Year Floodplain elevation. • That increase could impact adjacent property. • Installation of inflatable bladders allows the feature to "disappear" during high flows, thus eliminating the increase in floodplain elevation. B. Project Benefits • Adjustable nature of bladders allows variation of wave shape and size • System can be controlled to optimize the feature for variable river flows • Can adjust the wave for scheduled "expert" or "amateur" competitions • Low maintenance costs once installed vs. natural boulder features • System is programmed to deflate in the event of unexpected high flows • With the construction of the Avon Whitewater Park and other parks across the country, this feature may ensure the continuation of the Teva Games in Vail • High visibility for locals and guests • May return Vail's park to "destination" status • Possibility to hold kayaking teaching clinics • Could add a "web cam" of the park to the Town of Vail website showing the park and providing links to current flow volumes C. Project Disadvantages • As with natural boulder features, there is no guarantee of "the perfect whitewater feature". • Expense: substantial cost with no guarantee. However, this also applies to natural boulder features. Key Concerns A. Success • Basic hydraulic engineering supports the concept of focusing the flow. In addition, the general idea has been successfully tested in this location during the Teva Games in 2003. • The engineering concept behind this feature is to increase the velocity of flow across the existing concrete slab, up to 25 percent for recreational flows. • The new technology behind today's freestyle kayaks is termed a "planing hull". Planing hulls have a flat bottom, and when the boat is given some speed, the hull skims to the surface, allowing the boat to spin and the paddler to perform tricks. • Therefore, by increasing the velocity in this feature, the recreational experience for Vail's park is enhanced. • In addition, because of the adjustability of the proposal, the whitewater feature can advance with the sport. B. Safety • Six of the eight bladders are simply rubber structures that pose no safety concern. • The two center bladders on the downstream edge will have narrow steel plates to enhance the adjustability of the wave. However, these plates will have rounded corners and a rubber bumper attached to the edge. In addition, they will be in the deepest part of the channel so potential contact is minimal. There are no edges to get hooked on and no corners to impact. • These features would not be considered any different from the general hazards inherent to whitewater activities or other use of the river. C. Aesthetics • The bladders would be attached to the existing concrete slab and, for the most part, located beneath the pedestrian bridge. They will be black in color and would likely be covered in algae as is the concrete slab. • When deflated, they will be visually insignificant. They would create. ripples during the low flows of the late fall and winter months. • When inflated, the bladders would be submerged during high water. During lower flows in July and August, when the park is in operation, the outer bladders would be visible above the water line. • The bladders will always be deflated at night D. Operations • The current proposal includes the installation of a "PLC" which is a computerized control system. It operates the system at programmed times. In addition, it can be programmed to adjust to varying water levels and for desired wave shapes and sizes. • Programming the system would be a "trial and error" process and would take a season or two to fine-tune. • The proposal includes an upstream sensor that would deflate the system automatically in the event of potentially damaging floodwaters. • Staff is recommending the formation of a whitewater park "operating committee" comprised of local boaters, fishermen, business owners, etc. as well as a Town staff member to establish the operating guidelines and to program the system. This was successful when the park was first constructed and many of the same members have expressed interest again. Purpose of the Work The purpose of the work is to enhance the recreational experience of Vail's existing whitewater park. Proposed Work The town proposes to attach 8 rubber bladders to an existing concrete slab using stainless steel anchor bolts. The bladders will be operated using stainless steel air supply lines connected to a computerized control system located above the stream bank. All work will be completed per US Army Corps of Engineers specifications, which will include comments from the Colorado Division of Wildlife. Best Management Practices will be utilized to minimize sedimentation and turbid water conditions during construction. A copy of the sediment control plan is attached. Extent of Impacts The quantity of fill below the level of the 100 year floodplain elevation will be 1.67 cubic yards when the bladders are deflated. This is spread over an area of 768 square feet (the existing concrete slab). As noted above, the hydraulic model indicates that there is no impact to the 100-Year Flood elevation. The system will not be operated during potentially damaging flows and as noted an automatic override will deflate the system if unanticipated high flows are encountered. Wetland Issues. No wetlands will be impacted or disturbed as part of this proposal. Excavated Materials The only excavated materials will be concrete drilling spoils from the anchor bolt holes and sawcuts for the air supply Fines. Because the work will occur on a dry concrete slab, all spoils can be vacuumed up and properly disposed of. Attached Exhibits Exhibit 1: Site Plan Exhibit 2: Hydraulic study Exhibit 3: Photos of the existing site Exhibit 4: Photo examples of deflated and inflated systems Exhibit 5: Environmental Impact Assessment Exhibit 6: Letter from Floodplain Administrator I ~ or Replace oll irrigation '-; --.......... 2-3'x6'x3' UTILITY BOXES ~\,' \\JGaIe I; Iii 4 0l ..._....... components} (Subgrade. below fJOttom of %~, \\ ,... `\ 4LL _.. box elev with bin. df ~in ~ \ ," _ ,' O ~ °"'~ ~ ,(:._ Washed Gravel) `~~/ ~ --1 "i ~ ~ ~ \\ ~ . STABILIZE 19 CY ~~ ,.. ~ . OF BANK 2: 1 H: V MAX EX ELEC. UTILITIES '~ ~~.-~~ '+~' \\.-' ' (Protect In Place "~, APPRQX. PROPOSED \ '\\ ~ ~~ `~ ' ~J all Utilities) ~ ~' SEW WALL _.. ~ \\ ~ ING WALL--~r ~ _ P ,F, siss ,~~ ~~-~'~ EX. BRIDGE'ABUTMENTS ~\ \\\ ~ '° s~, ~ "" - ' , ,(P.rdtect in Place) \ _ ..._.. .:, ~ .. .~ EX. PLANTER ~ ,~ t I ~.~ a+ B ,., , _. \\ , ---- -- i~>~ ~ ti ~~~ ~ -- /~` ~ ~" 8-1" AIR-SUPPLY HOSES vv ~~` ?ATION Fes°" _,~' ~ ~~ ~ ~-=~-~(To be "placed below elev. of rock \\\ `: Detail) ~~~ ~ -~ -%~~ '- ~ ~~ =~ "° ;,1 facia angle iron support) v _~ ~ ,_ -_ _ ,,~ ~t __ o' ' ' ~ \ e~sZ33 - - - -- __ ~;%~ I `•;\ ADJUSTABLE BLABfT~R \ _ I _ - ~ ~_- ''` •~ , ~ ~~ `~ FEATURES ~~es Detail) `. AND RIP N_ f -- ' l~ - -- ?~ '`` t ~ t ;~ ,. In Place) _... [ r f -~ ~ \ ~, , ~ ;~ r~1 TOE BO~t~ERS_/ \ ` ;. v11TS OF (Protect-tn"Place) ..~, ~~ ~ ,. ,NATION 1 ti FILL LIMITS , ' ~ ''~ 0+17~ -~~ '+ `\` \ ,,'~, ~. •~ ~ •`~ \ Z \ `~.t 1 \ \\ ~ i , _ .- ~; /~ t RE-WORK 9 C}Y} (~C CVI C'TI AI!` D(lT`I!C ^` ~.. EX. CONCRETE SLAB 0 N L ~ c6 ~ ~ > L ~ ~ -~ ~ O ~ ~ ~ ~ v ~ ~+- N - ~ ~ ~ p O ~ U ~'' 738 Cle: eland t ' Glenwood Spnngs, CO 8l 601 E~C ROCK,FACIA" ALL SIDES OF BOTH ~ _~ ABU MENTS (Protect fn Ploee) 2oo6 va~l wh cewacer Fa~k Modif~ca[ions and Updates i~ 1 `~' ," ~- C-3 ~' .. ~J / ~. _~.~ ~ Jule 1 ;, ?O{~6 ~~j r ~ R "~ IVER ~~ , ~' ti~ ~}~ Pt~f ~.0?L' ( ~iw:~i,IS iingr'_Culr.tadu~l(i:_.(9?p) )li-<~?hg July 13, 2006 Mr. Tom Kassmel Town of Vail 75 S. Frontage Road, Vail, CO 81657 (970) 479-2235 RE: Vail Whitewater Park Enhancements, Floodplain Compliance Dear Tom, Proposed recreation enhancements at the Vail Whitewater Park include in-channel modifications to hydraulics for enhanced recreational Whitewater experiences. This letter is to discuss how the proposed modifications comply with Town of Vail and Federal floodplain development guidelines. TOV: 12-21-10: DEVELOPMENT RESTRICTED: (E) The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 1 Z of this Title, to establish that the work will ~zot adve~°sely affect adjacent properties, or increase the quantity or velocity offlood waters. (Ord. 16(1983) ~ 1: Ord. 12(1978) ~ 4) Existing Conditions The feasibility of enhancing recreation without increasing the Base Flood Elevations (BFEs) is shown herein through 1-dimensional step backwater modeling. This analysis is based on a HEC-RAS floodplain model supplied by the Town of Vail. The established floodplain geometry is "Imported Geom Olmbjrevised" and the associated "100 Year Discharge" is the steady flow data. However, the floodplain geometry is not detailed enough to represent the potential impacts to the Base Flood Elevations. A very low berm, separating a building on the right (north) over-bank and Gore Creek, was identified by Peak Land Consultants with field survey in 2001. It is estimated that the berm has insufficient flood freeboard. This berm was not resolved in the FEMA flood studies; however, the berm freeboard does not comply with the levee requirements of FEMA under Paragraph 65.10 NIFP Regulations (3 feet of freeboard minimum). The right (north) berm is at elevation 8156.71 feet and the building floor elevation is 8155.1 feet. 1 of 4 `~ IVER_ ~,. ~ ~~ i ~ FS U? i ~mcu~. l irin~;. t ~ n~-cry `< (li?. (S''Ili a U~, (,S The previous FEMA FIS dated November 2, 1982 shows a cross section named AC at approximately 225 feet upstream of the Pedestrian Bridge that is coincident with the low berm and represents a wide section of Gore Creek between two entrenched and narrow sections. This cross section (AC) is missing from the 2005 FEMA floodplain model. In a desire to better represent the channel hydraulics near the low berm, a cross section (RS 157.666) was added to the 2005 model, 225 feet upstream of the Pedestrian Bridge, with interpolated floodplain and channel detail based on the Peak 2001 survey. In addition, RS 157.0 shows a critical flow state in the 2005 floodplain model, creating a backwater at the downstream face of the Pedestrian Bridge (RS 157.1) and representing a submerged concrete slab. The RS 157.0 section is approximately across the pool downstream of the main whitewater feature. However, a river wide hydraulic jump is visually evident at all flows between these cross sections, which indicates that RS 157.1 should be in a critical flow state and RS 157.0 should be in a sub critical flow state. RS 157.0 was adjusted with channel detail surveyed by Peak 2001. Therefore, an existing conditions geometry "Imported Geom Olmbjrevised existing" was developed by the insertion of a cross section at RS 157.666 and the adjustment of cross section RS 157.0 based on Peak (2001) surveyed detail. This resulted in modeling a critical flow state at RS 157.1 and asub-critical flow state at RS 157.0, consistent with visual observations of the existing hydraulic jump. This "Imported Geom Olmbjrevised existing" geometry represents the best available data for modeling Gore Creek flood flows through the project area. Proposed Conditions The Selected Alternative for modifications to the Vail Whitewater Park includes installing inflatable bladders on an existing concrete slab and stabilizing the right bank downstream of the concrete slab. Also included is a peg-board system that would allow for the periodic installation of features to enhance the park. It is anticipated that the peg- board would allow for the continual future development of features as future whitewater users demand. Because of the existing Floodplain conditions, any adjustable features shall require continual supervision while operating and, are not to be left in place overnight. Furthermore, a redundant, river stage, automatic shutoff is recommended for the inflatable bladders. The automatic shutoff shall be set 225 feet upstream of the Pedestrian Bridge (representing the low point of the berm) to automatically deflate all bladder structures when the river stage reaches 8155.10 feet. The park shall be supervised and operated not to increase river stages greater than 8155.10 feet at 225 feet. upstream of the pedestrian bridge. This allows for a minimum of 1.6 feet of freeboard during supervised operation, is below the building floor elevation, and is below water surface elevations measured during previous high flow events. Afield survey of the high 2of4 '. ~ ~ , July 13, ?UOG ~ ~ d 5~'; ~ I~~ ~,~r.., (~~ . ~~ i'~ ~ F _~ 0_L' ~ t ~~um+-o~ I ~ inEYs. C i~,So hi (~U_. (4?rj~ o.}°._a,vS water May 22, 2005 (approximately 1,500 cfs) measured the elevation of the water to be 8155.11 feet near this location. A proposed geometry "Imported Geom Olmbjrevised Proposed" was created by widening the both the upstream and downstream internal bridge cross sections (RS 157.2) to 46.4 feet and raising the channel bottom to elevation 8149.12 feet. In addition, the right bank of RS 157.0 was modified to show the proposed conditions of the bank stabilization. The proposed geometry (proposed modifications to RS 157.2 and R5 157.0 only) was then run with the "100 Year Floodplain" steady flow data (2,100 cfs). Results show that the deflated bladders would maintain the existing conditions BFEs without any increase in water surface elevation for the 100-year flood event, if installed below the average elevation of 8149.12 feet. Table 1. presents proposed conditions with the proposed size and elevations of the deflated bladder structures affixed on top of the existing slab, the peg-board holes, and the right bank stabilization. Table 1 Station Description BFE (1) (ft) BFE (Z) (ft) WSEL (3) (ft) 158.1 a Downstream face of Bridge St. Bridge 8158.94 8158.71 8158.71 158.0 527.0 feet U/S of Pedestrian Bridge 8158.52 8157.84 8157.84 158.666 25.0 feet U/S of Pedestrian Bridge N/A 8156.62 8156.62 157.5 74.4 feet U/S of Pedestrian Bridge 8154.83 8154.61 8154.61 157.3 Upstream face of Pedestrian Bridge 8154.39 8154.03 8154.03 157.2 Pedestrian Bridge N/A N/A N/A 157.1 Downstream face of Pedestrian Bridge 8154.12 8153.12 8153.12 157.0 17.8 feet D/S of Pedestrian Bridge 8153.00 8153.24 8153.11 156.9 U/S face of International Bridge 8152.54 8152.54 8152.54 156.8 International Bridge N/A N/A N/A Notes: 1. Base Flood Elevation established in 2005 Floodplain Model 2. Base Flood Elevation from Floodplain Model modified with surveyed existing conditions detail 3. Water Surface Elevations with proposed modifications 4. Cross-section from current HEC-RAS Model 5. Cross-section added or adjusted into existing conditions HEC-RAS Model with additional detail surveyed by Peak Land Consultants, 2001 The proposed project would not increase Base Flood Elevations on Gore Creek and would not have any impact on100-year flooding nor floodplain. The project would not result in any change of quantities of water during the 100 year discharge. Velocity changes at RS 157.0 (+0.53 ft/s = +6%) maybe considered insignificant, and no erosion, nor aggradation or degradation is anticipated as a result of the project. Nor would the project adversely affect adjacent property owners if constructed and operated as 3 of 4 Jtih~ (~; 20UG r ~. ~ ~ ~~~~ •~,f t,? '' ~ ; Pt l B~ C)313 t lr,iwood 'pring~. ! ~ brad+~ ~ i i (~~. t')it1) ~~! -95Gn recommended herein. It should be noted that adjacent property owners may be at risk of flooding under existing conditions and the project would not change this risk. Please contact me with any questions or comments. Respectfully,. RIVERRESTORATION.ORG, LLC. Jason Carey, P.E. Principal 4of4 Existing Park in Fall during low flows. ~. _ -; ~.,, rc~~~ _ ,~.~; 't ;ee,., ~~ Mid summer flows across ... :, concrete slab Existing wave during mid ~~ ~< ~ t-- ,• ,~ ~ ~ - - ,~ ,~ ,. ~. b. ~_ ~ ~ _ ~ ~i M1 fi~ ~ ~ ,~ 1{ ti~ r' '~i r ~ ~, /ri tom-, ._... .., ~. _. ,~ a y ~ " ~ - Example of Inflated Bladders ~ ° ..;~ ° .; ~; ;~~ ~,' _~ _~ ~ ~~ ~ ~~ ~~~ . s, 9~ l' ZI vi t ~~~ ~ ~,~~ F` ~ fin. ix ~r' ~~ r.k ~_ -~ IV. ENVIRONMENTAL IMPACT ANALYSIS In accordance with Chapter 12-21-10, Town of Vail Code, staff and the project consultant have completed an environmental impact analysis. The following criteria have been evaluated for impacts from this proposal: 1. Hydrologic conditions, such as surface drainage and watershed characteristics, ground water and soil permeability characteristics, natural water features and characteristics, and any potential changes or impacts. A complete floodplain impact analysis has been prepared by River Restoration.org. The floodplain study (attached) concludes floodplain elevations along Gore Creek will not be adversely impacted by the proposal. 2. Atmospheric conditions, such as airshed characteristics, potential emissions, and any potential changes or impacts. This proposal will not impact any atmospheric conditions in the area of Vail Village. 3. Geologic conditions, such as land forms, slope, soil characteristics, potential hazards, and any potential changes or impacts. This proposal is not located in-any of the Town's identified geologically hazardous areas. No changes to existing landforms (other than limited grading and the placement of boulders - within the stream tract) are proposed. 4. Biotic conditions, such as vegetative characteristics, wildlife habitats, and any potential changes or impacts. The existing aquatic environment of Gore Creek in Vail is currently impacted by non-point source pollution. Limiting factors include increased sediment discharge from the highways and adjacent development. Low flow periods in late summer and the resulting warmer water temperatures also have an impact. It is not expected that the project would have any major functional impact on of these limiting factors. This project is expected to have some effect on decreasing the increased sediment loading from the degrading North Bank. The reach is managed by DOW for cold water fisheries; the substrate is gravel, cobble boulder bed. Increased sediment loading on Gore Creek, largely associated with development, is the most critical reach habitat issue as identified by the DOW in a February 13, 2006 site visit. The reach of Gore Creek between the confluence with Red Sandstone Creek and the confluence with the Eagle River has been identified by the DOW as a Gold Medal Fishery. The project site is approximately 1.1 miles upstream of the reach which has been designated a Gold Medal Fishery. The long term effects of this project on the Gold Medal Fishery downstream would be decreased sediment loading by stabilization of the north (right) bank. The project may have temporary construction impacts with track equipment driving on and excavating the bed material in the wet channel. Construction activity may have isolated increases in turbidity. Best management practices such as turbidity curtains, silt fences, construction sequencing and care of water would be utilized to minimize potential turbid conditions and locations. 5. Other environmental conditions, such as noise levels and odor characteristics, and any potential changes or impacts. Staff believes potential impacts to the existing noise level of the creek are minimal when compared to the noise generated by nearby uses/activities. These include loading and delivery at adjacent retail properties, snowmaking operations on Vail Mountain and special events along Gore Creek Promenade, Bridge Street and Gore Creek Drive. Staff does not anticipate any "nuisance" impacts from this proposal. 6. Visual conditions, such as views and scenic values, and any potential changes, impacts, or marked contrasts. Town staff will be working very closely with the contractor to ensure aesthetics of the projects are the highest priority. Most materials used in this project will be natural and consistent with materials occurring naturally within the Gore Creek stream tract. The exception to this will be a small utility box, 36"x36"x144" to hold the compressor and controls. The utility box will be sub-grade behind the existing rock wall on the North side of Gore Creek between the International bridge and pedestrian bridge (See Drawing). In- channel there will be adjustable structures attached to the existing concrete slab. These structures will fully deflate to no more than 3.5 inches in height. These structures will also be placed predominately under the pedestrian bridge. The structures are designed and placed to minimize visual impacts. 7. Land use conditions, such as characteristics uses, compatibility with officially approved land use and open space policies and objectives, and potential changes or impacts. Because this project involves only minor improvement to the existing whitewater park, existing uses will be relatively unaffected. This portion of the Gore Creek stream tract has long been established as an area for recreational uses. This stretch of creek was previously dammed and used as an ice skating area and the grassy knoll. portion of Gore Creek Promenade is currently used for concerts, parties and special events. Staff believes the intensity of the proposed use is compatible with both the historic use of the site and the intensity of adjacent uses. Adjacent uses include high-density residential (up to 25 units/acre), lodging and commercial. 8. Circulation and transportation conditions, such as volumes and traffic flow patterns, transit service needs, alternative transit systems, and potential changes or impacts. Staff does not believe this proposal will impact vehicular traffic flow or transit service needs in the area as the intended use of this area will not change from the existing use. 9. Population characteristics, such as residential densities, neighborhood patterns, potential displacement of residents or businesses, and potential changes or impacts. This proposal will not impact or displace any of the existing densities, residents or businesses within Vail Village. ~~ ~131L Depa1°tment of Public Works c~ Transportation 1309 Elkhorn Drive Vail, CO 81 b57 970-479-21 SS Fax: 970-479-21 bb www.vailgov.com MEMO To: Bill Gibson CC: Gregg Barrie From: Tom Kassmel, Town Engineer/Floodplain Coordinator Re: Whitewater Park Enhancement Project Date: 7/17/06 The proposed improvements to the Town of Vail's Whitewater Park have been reviewed for compliance to the Town Code with regards to the 100 Year Floodplain. After reviewing the hydraulic analysis completed by River Restoration.Org dated July 13th, 2006, it is evident that this project will not cause any negative flood impact to adjacent properties, there will be no increase to the 100 yr flood water surface elevations or quantity of floodwaters, and there will be no significant increase in velocity. It is my opinion that this project may move forward as designed. If you have any questions please contact me. GOf~E CHEEK AT VAI L f~ECf~EATION ENHANCEMENTS Vall, Eagle .County, Colorado June, 2006 CONTACTS 1. Mr. Gregg Barrie, Town Planner Town of Vail (970)-390-3286 2. Mr. Jason Carey. Engineering Consultant, Project Engineer RiverRestoration.org, LLC. (970)-389-5987 3. Mr. Jim Roberts, Director of Mountain Operations Val Resorts (970)-845-5135 Mr Fred Hassley, Engineer (970)-476-7980 Mr. Todd Fessenden, Water Quality (970)-401-2145 Eagle Rlver Water and Sanitation District I FrFnl~ VICINITY MAP ~.~. E RO,ECT LOCATION r,~ Fili Limits Impermeable ~ Turbidity Curtain Proposed ~ ~ Existing Boulders Spot Elev. Project Limits -~_ proposed Grade Limits of ~ Bose Line Excavation X N -~ o~ ~~ ~~ ~- o ~~~ ~o~ ~~~ ~~~ s U ~' N ,, U 0 P~..~bn/~aau~ OaV ~I ~~~~r 738 Cievtland Gie~n~ocd Spnn3s. C0 91601 org 2006 Vail Wh~tewater Park Mod~Scanons and Updates Gi ,~ ~~ t -\ .z 7 F O O `\ ylv... EIEV~ ' i ~FWISHE~ g15 '~ CALE I '- 2 5' ENV. R FlNISHED APPRO%IMATE LOCAT70N FlNISHEO FL00 ELEV~ ° ' OF BUILDING OUTLINE EIEV „ 8155.1 TRASH ENCLOSURE AND RECYCLING BINS `_~ Ep FLOOR APPRO%IMATE LOCATION ', '~, ELE~ ° 81566 `~.. .._.......,__ ~. ~- OF BUILDING OUTLINE /J FINISN~ F1009 INSTALL~AUTOMfAAC~HUTOFF SENS j(~_) 8156. ___ ELEV. ~ rao.ecr 1 ~20 ~~6 ~- n Ea. ~rN c N,. .-~ ~ c`Fr av+K*~a+.~/ ~ ~ Existing-Peotures ,. ~ .~ A ,NaT~ a tect In oh _ ~~i 'd-1". NP-SIP0.Y MOSS .:,, ~ l ~~ 9NIK STA9N2ATCH ~ I:' \ Y ~ I , 1~.:.- y~ ~ ) ., ~ • GRAS', ~.~ ~ F KG ftA 1EA 0 ~.~L '-----4-~ G ~ ~ 1 ~ ~~ ~~. P aAP (~,K, ,r , e%= ,~- ~ -~ ~/ l umrs ff~ _ _ .. ._, 1 cxuvenaK ,... ., tr„I,u a~7 ~~ ~ r STNL 1p/POKMY (O F5O - .. I c ,. ' - s 1 -, ~~ !, £ nmrun a~ .cti "' ''. '. ,' , "STONE STAIRS / \ FLAGS A ON 6R 5 ~... ' ~ `,.. ~ -., ~7 ® T E W LK AS ' '~ ~0 S Z ~ 1 ''~p~mjpA gE~ µ® ~. NDSCAPE - NDSCA GRASS LANDSCAPE '~ ~ ~ ~LA PE ` ~ .o ~ ~ ~ ~ ~, (er ON..I AR / AREA AREA -... f m A -. ~~ ~ oULDER G ~ ~ ~ x. 9aAn s ~ ~ ' ~ LE 1 _... ;:x x~ 2.m`,) ' /. (TYPICAL)WA # ..... v .: B / ... GRASS .... _... .. .._.. ..y, ... ~ .~,, ~ ~~ ..; ,.. n O N ~ ~ ~. L O -(--~ l(1 (~ '/~ ~ 0 U U p O ~ ~ 0 <~-~~ ,~ ~ ~~ .n/Nw. ~IT v-E. use em~elam Gie^ ya~pr Eqs. CO e! 601 2006 Vad Wn tewater Park Moc F ca[ ons and Updates C-~ ~, 3~ /' , ~/ "~^~~-~~,~ se~ v 8-1","AIR-SUPPLY HOSES ~~ ` di5 i ~~•, v l~ ~ " ., _ I t " ~SCA re'-, l i 5 1 l 4~ l_-~ 1~1 F~ " _ ~ ; ... n _._ ~. ~ ~ 1 ~: ~ ,~~, RE-WORK 9 CY `~ EXISTING ROCKS ~~ " ~ 4 ~. l~ - ` ~.~ 1 LN/EG' (ONG2BOAD N 0 S) . _ "" ,, TALL TEMPORARY ~~ 50 ~1E~BCE-I~R , ._.. ~XISTING CONCRETE SLAE 815 (Protect in Place . ~ \ ~~ ~ ~\ ~ ~ 1 - \ 8145 ~ PROFILE OF GOfZE QiZEEK Tf-1ALWEG' I1 0 AD,IUSTABL LADDER ` ~ `. FEATU (See Detail) `~ `: ~; EX. CONCRETE SLAB ~~ . ". (Protect in Pace) , ~ ~.-- E ~ _. ,. ~ . 1: . ~ t ," ~ ,- ~ ,1 .t ~ ~ S ,~ EXISTING PEDESTRIAN \~ GANDSC RIDGE"TO BE REPLACED ® ~ \ `~~,~. , ' , -" (BX Others) _.. ~ \`~.. ARC "y' .. ` :~:.. _ SCALE V: i ~~=2,,. N: I"=IO' ~\ , ~~ l ~ / / / 00 / ~_ 8148.7 } INFLATABLE BLADDER (SHOWN DEFLATED) c ~ ~ 0 N c~ ~ O ~ ~ N ~ ~, ~ _~ ~o`~ -+~ ~ ~ b U ~ II ti- ~ _ ~ O ~ Q ~ ~ ~ ~ ~--. ~. a '~<: j, 0 .~,~.... 738 Cleveland Glen, oYd~pnn9s. C08160I 2006 Val V/hdewzter Park Nod~~~canons and Updates c-z 0 ~ ~ L ~ ~ ~ L ~ ~ ~ ~ O C(7 ~ -L-~ Q. ~ U ~ `~= N - ~ ~ ~ O O > ~ U < ~; ~ 0 ~.~... IVER w=--~- 738 Qe~da~e Gicnwooa Springs. CO e i 60 i 2006 Vail Whitewater Park Moddicat~ons and Upda[es C-3 SCALE 1 "=10' Brid 8158.1 8148.7' Existing Conc. Slab Bridge justment Holes Adjustment Holes 8158.1 -:-7r ,I - RT ??T-ri 8148.7' Existing Conc. Slab Deflated Bladder 8158.1' Bridge- ___ _ _. C-C 8148.7 ~-Existing Conc. Slab Defated Bladder' Adjustment Holes L L ~ N ~ ~ ~ ~_ ~ ~ N _ ~ ~ U ~ ~ U ~ II `~- Ul N _ ZS N ~ - U c1~ `~~LJ~ ~ m~~I~Y-..=~E 735 C~e~eiand G'~enwood Springs, CO 6160 i 2006 Vad Wh,tewater Park Mod~F,cat,ons and Updates C-4 Deflated Bladder `awous FE4TIIRES Fs'a...xa• nLUMINLml PRE 6' JiL ullML LIM1I RIM i .OPENMG [ If1'UXIEN~1 L~NCRfTF •BELO uu. cEl u 4~' tl~a BORE HOLES ID pV"TO CONCREFEI PEG BOARD t1OLE INSERTS NTS INDIVIDUAL PLATE DETAIL NTS -~~- M sp+s. saaaz vm. s..s.fc r z a. c.s nE \ ~l TURBIDITY CURTAIN SECTION (TYPICAL) NTS n,a v.vec en .i..ar*vnne me .c ~r ~nY"` ram m~ w..or r... - .nog r ~ q~µ '°°`. a.,N .oamN~ ro ~ no Win. is w .,.. a.. K„a ~ ,~., gN,R ,4 .. a.~ »:rF ..- ~ °m~ na ,mac I caw s w.aae a..c~nal B-AXIS (OVERTURNING AXIS) BOULDER DETAIL NTS 3'-5' DI0. BIXILDER TYP. DESIGN ELEV. ILTER FABRIC r~IRAFf IIBN DR EDIIIV. ALL TERRACES /JII CSee Plon) t KEY BIXA1tERi t' MIN 1 I ` BELGV FDVISHED GRA- I` - ,` E%PpSE- HEIGHT ' - .LS 2'nlnus VASHEO ROCK PLACE 6' / BGULDER AT T~ 4' PERFGRATE- PVC PIPE ID' 0.G EXTEND TO DAYLIGHT /ypRGXINATE LR11TS DF E%CAVATIGN IN BOULDER TERRACE WALL (fYPiCAL) NTS : ~ ~'°" z~ ~T >«X r.aT r~° R.roRRK emN P4tt5 ~~ I ~_ (-BA /~ UO 9NT~iW rpm Pmh .' q m•Rr M.n gay N%Np '~ ~ iaNa"" Rwmt M aWl ~ SILT FENCE (IYPICAU NTS TURBIDITY CURTAIN (Tl'PICAU NTS ,~.~ ra~: ~ ~,R,m .~ Ra_,o.,, •R .W~ ~ ~ iO tmw°~'icN) ~_~ Lr ®Pn~a..N,~ / awrmAc IMPERVIOUS TURBIDITY CURTAIN (Tl'PICAU NTS lD ~ ~ ^~ IL L ~ ~ ~ ~_ 4.1 -N c6 ~ ~6 ~-) U ~ ~ ~_ >~U 1 ~JLJ~ ~~I °E i~, 736 Cie eland Glenwood Spr~pgs, CO 8 i 601 2006 Vail Wh~tewater Park Modifications and llpdates C-5 FLOW PLATES<tyo) F AT R P AT iR oce ea.T ~(A~TreAa AceaaD, ro ....~ mar mcE aF a wNaEIE s.Alr Front Edge of Slab ~-->J~ A~ a AaRrn (sTC aBERREiER sPEC> Attachment: D t ~~~Q~~~,~ + THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on July 24, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: 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 additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a final review of a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; located at 660 West Lionshead Place/Lot 1, Vai( Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a variance, from Section 12-6B-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), located at Vail Cascade Residences/Nail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for tine installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 1St Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett A request for a -final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendments, 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 create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a proposed realignment of the common property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0048) Applicant: Fred and Janet Streich and Sandy Salmons Planner: Matt Gennett A request for a final review of a variance, from Section 12-6D-8, Density Control; and Section 12-15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the .secondary unit of a primary/secondary development to construct more than 40% of the allowable gross residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffeter Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicant: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson A request for a final review 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, Buffeter 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 A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the u. - International Bridge on Willow Bridge Road), and setting forth details in regard thereto. ,~~'~'` (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public. is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 7, 2006, in the Vail Daily. Attachment: B PLANNING AND ENVIRONMENTAL COMMISSION ~~, PUBLIC MEETING RESULTS (EXCERPT) l ~j July 24, 2006 ~i1'rti~`Or ~~:iL' 6. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: Approved (streambank stabilization portion of the application) MOTION: Jewitt SECOND: Bernhardt VOTE: 5-1-0 (Cleveland opposed) ACTION: Table to August 14, 2006 (inflatable bladders portion of the application) MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-0 Bill Gibson made a presentation per the staff memorandum. Gregg Barrie of the TOV Public Works Department gave a presentation demonstrating the subject device(s) both inflated and deflated in a flowing body of water. Doug Cahill asked how often the Whitewater Park is used, outside of the Teva Games, in any given season. Gregg Barrie answered and stated the park was always intended to be a destination place for kayakers and this feature would improve the draw from across the valley. Doug Cahill asked about the length of the features and the purpose of their dimensions, etc. Gregg Barrie answered and explained how the devices work to divert water at different levels though adjustments. There was no public comment. Doug asked about the increase in velocity of water in the floodplain. Tom Kassmel answered with an explanation having to do with not increasing erosion which is associated with an increase in water velocity, and not increasing the 100- year floodplain flow itself. Bill Pierce had no comments. 1 Anne Gunion had no comments. Chas Bernhardt asked if advertising would be allowed on the inflated bladders Gregg Barrie answered not at the moment. Dick Cleveland stated he is against the proposal due to aesthetic reasons. He said Vail is already referred to as a plastic town and now we're asked to allow rubber rocks. Bill Jewitt stated he is worried the Official Floodplain Maps are due out in about one year and would not be inclined to approve this until the floodplain maps come out. Also, he said the Teva Games are scheduled during high flow and they are the only ones who would consider this approval an emergency. Dick Cleveland asked staff whether this will go to DRB. Staff confirmed indeed, it will. Chas Bernhardt asked for further clarification on the floodplain (FEMA) maps and Tom Kassmel provided further information on the approval process and FEMA's criteria for floodplain modification, and summarized by sa_ ying FEMA has directed the Town to use the new floodplain data and that FEMA will not have a problem with this proposal. Doug Cahill said he does not have a problem with the stream bank stabilization work, but is concerned about the aesthetics of the proposed devise and modifications. He asked Gregg Barrie if the devices have been used anyplace else and Gregg Barrie answered by saying yes, but only in man made water parks in Maryland and North Carolina. He also said the TOV would not even be considering this option if not for the existing concrete slab upon which said devices will be mounted. Bill Pierce said this type of modification is not out of character with a ski resort, it is a recreational area with things like terrain parks and snowmaking operations. Chas Bernhardt agreed and said he has never heard anyone complain about the existing concrete slab, which is ugly if you notice it under the stream. Since the Commission was split three for and three against, Bill Jewitt made a motion to table the whitewater park enhancement to the next hearing when all seven members would be present. Bill Jewitt made a separate motion of approval for the stream bank stabilization. 2 Attachment: C PLANNING AND ENVIRONMENTAL COMMISSION r~ PUBLIC MEETING RESULTS (EXCERPT) ~'~ } ,j August 14, 2006 3. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: Denied MOTION: Dewitt SECOND: Kjesbo VOTE: 4-3-0 (Pierce, Gunion, Bernhardt opposed) (Based on the finding that the proposed structure would have a negative effect on the environment). Bill Gibson presented the project according to the memorandum. Rollie Kjesbo asked if "such other factors and criteria as the commission deems applicable" could include the facts that the proposed bladders are not a natural. addition to the creek. Bill Gibson commented in the affirmative. Gregg Barrie commented that when the park was originally constructed, there were high hopes regarding its future. He said that numerous analyses had been completed regarding improving the site. He said that any additional permanent structures or boulders could impact the floodplain. The reason the bladders are being proposed is the can be deflated at times of high water flow to not impact the floodplain. He commented that most people who walk by will likely not notice the bladders. Doug Cahill asked how the floodplain would be affected by rocks within the stream. Gregg responded that the flow would be displaced and therefore cause a floodplain issue. He continued by saying that only a couple of inches of height could be permanently placed in the stream without negatively effecting the flow. Bill Dewitt questioned the original decision to construct the whitewater park in it present location. He quested if a different section of the creek would be more appropriate and no have the potential floodplain impacts of the current site. Bill Pierce did not have issue with the un-natural appearance of the bladders since the creek was not currently a pristine environment. However, he did not support the expenditures necessary to implement this proposal. Anne Gunion believed that the proposal complied with the review criteria. Chas Bernhardt commented that this proposal was similar to the terrain park on the ski mountain. The whitewater park should be visible, easily accessed, and improved in order to bring people to town. Dick Cleveland stated that there is no question that this met all the floodplain issues. He did think it was unreasonable to expect this area of the creek to be a whitewater park. The negative impacts of the bladders would not outweigh the convenience of the higher water level. Bill Jewitt agreed with Mr. Cleveland and felt that the proposal did not meet the criteria for modifications to the floodplain. 2 Attachment: D THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, September 19, 2006, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto.. (PEC06-0050) Appellant: Vail Town Council Planner: Bill Gibson 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 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. ~a~~ ~I~('~ !~ Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Proposed Fiber Optec SHARP-SHIN Routt for Vail Medical Center Qwest provides afiber-optec system that connects Vail Valley Medical Centers various facilities. In order to maintain top quality service to Vail Valley Medical Center the system is backed up with a secondary system (SHARP-SHIN Routt). This system provides two separate fiber-optec routs that will provide assurance that in the event one fiber-optec cable is cut then in less than 5 thousands of a second the system switches over to the secondary rout. In order to provide the secondary rout Qwest will need to acquire several easements from the Town of Vail. The rout starts at the x-box located on the east side of the entrance to the Vail Valley Medical Center located on West Meadow Drive. The fiber cable will continue west from the x-box on the north side of the right-of--way of West Meadow Drive. The fiber will cross a parcel of property owned by the Town of Vail described as Lot 10, Vail Village Filing 2. The fiber will continue across the foot bridge by attaching a conduit to the bottom of the bridge then turn north in Tracts A and C of Vai] Village Filing 2. Qwest will bore under the foot path in Tract A and open trench across Tract C. Qwest has an existing manhole at the north end of Tract C that the fiber will be placed then it will cross State Highway I-25 by a directional bore. The fiber after crossing the highway will be tied into existing facilities to complete the job. Attached is a drawing showing the rout of the fiber rout.. Qwest would like to ask th-; Board to grant a ten foot easement in Lot 10 and Tracts A and C of Vail Village Filing 2 to complete the project. . _ ~ >~. '~, ., ~ ~ ~. r-~ ORDINANCE NO. 20 SERIES 2006 AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 9 "WILDLIFE PROTECTION," VAlL TOWN CODE; ESTABLISHING REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE; 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; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail, and the wildlife indigenous to this valley, would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, the Council finds that the feeding of wildlife within the Town of Vail constitutes a menace to property and to the health, welfare, peace and safety of the citizens of Vail; and WHEREAS, human refuse provides an abundant yet unhealthy supply of food for wildlife, which supports artificially high populations and places an additional strain on the supply of naturally occurring foods; and NOW, 'THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 5, Chapter 9 "Wildlife Protection," of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: Ordinance No. 20, Series 2006 5-9-1: PURPOSE: The purpose of this Chapter 9 is to protect and maintain Wildlife in the Town of Vail and surrounding areas and to minimize the risk of dangerous interaction between humans and Wildlife. 5-9-2: DEFINITIONS: ATTRACTANT: Any substance which could reasonably be expected to attract wildlife or does attract wildlife, including but not limited to food products, pet food, feed, compost, grain or salt. REFUSE: any solid waste that could reasonably attract wildlife which includes, but is not limited to, kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease. REFUSE CONTAINER: Any trash can, dumpster, or similar device used for the collection and storage of solid waste. RESIDENT: Any person, firm, corporation or organization within the Town of Vail or on Town controlled land. SPECIAL EVENT: An outdoor gathering such as a concert, conference or festival. WILDLIFE: Any undomesticated animal, including, but not limited to, etk, deer, sheep, lynx, skunks, magpies, crows, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. WILDLIFE-PROOF REFUSE CONTAINER: A fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to the contents by Wildlife. Wildlife-Proof refuse container must be certified as such by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee (Fish and Wildlife Service, Forest Service, Park Service and Bureau of Land Management). A container not so certified, is considered aWildlife-Proof Refuse Container if it is certified as such by a Town of Vail designated official. Ordinance No. 20, Series 2006 WILDLIFE-RESISTANT ENCLOSURE: A fully enclosed structure consisting of four sides and a secure door or cover, which shall have a latching device of sufficient strength and design to prevent access by Wildlife. Wildlife-Resistant Enclosures are subject to all planning and zoning requirements and building codes. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit. An enclosure of one hundred twenty (120) square feet or larger requires a building permit. The walls of the enclosure must extend to the ground and the door can have no more than a 3/8-inch gap along the bottom. The latching devise must be of sufficient strength and design to prevent access by Wildlife. Ventilation openings shall be kept to a minimum and must be covered with a metal mesh or other material of sufficient strength to prevent access by Wildlife. Wildlife-Resistant enclosures must be approved by a Town of Vail designated official. WILDLIFE-RESISTANT REFUSE CONTAINER: A fully enclosed plastic container, of sturdy construction, with a sturdy plastic lid which must have a latching mechanism which prevents access to the contents by Wildlife. Wildlife-Resistant Refuse Containers must be certified as such by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee (Fish and Wildlife. Service, Forest Service, Park Service and Bureau of Land Management). A container not so certified, is considered aWildlife-Resistant Refuse Container if it is certified as such by a Town of Vail designated official. 5-9-3: RESIDENTIAL REFUSE DISPOSAL: A. All. residential Refuse Containers that receive refuse edible by Wildlife must be secured within an approved Wildlife-Resistant Refuse container or a Wildlife-Proof Refuse container. When a house, garage or Wildlife-Resistant Enclosure is available the refuse container must be kept inside the structure except during the hours in Section B. B. Residents with curbside pick-up shall not place plastic. bags containing refuse or any other type of Refuse Containers, other than Wildlife-Resistant or Proof Refuse Containers, at the curb, alley, or public right of way at or after six o'clock (6:00) a.m. on the morning of scheduled pick-up. After pick-up, containers must be removed from the curb, alley or public right of way by seven o'clock (7:00) p.m. on the same day. Ordinance No. 20, Series 2006 C. Other household waste that is not a wildlife attractant including, but not limited to; non-edible yard maintenance waste, household items, and cardboard do not require the use of Wildlife-Resistant Containers when not commingled with edible refuse or any other attractant. D. Multi-family housing developments and other types of clustered residential housing, utilizing centralized Refuse Containers, must use either aWildlife-Proof Refuse Container or aWildlife-Resistant Enclosure for all refuse edible by Wildlife. The container or enclosure shall be kept closed in secure manner except when refuse is being deposited. 5-9-4: MAINTENANCE AND OPERATION OF ALL REFUSE CONTAINERS AND ENCLOSURES: A. All Refuse Containers defined in this chapter shall be kept closed and secured when refuse is not being deposited. Any container which is over filled so as to prevent latching is not aWildlife-Resistant or Wildlife-Proof Refuse Container within the meaning of this Chapter. B. If a container or enclosure is damaged, allowing access by Wildlife, repairs must be made within 24 hours after written notification by Town of Vail Police or Code Enforcement Officers. C. All Refuse Containers that are placed at the curb, alley or public right of way for collection must have the residence street address and unit number permanently affixed to the container with digits no smaller than two inches in height. 5-9-5: SPECIAL EVENT REFUSE DISPOSAL: Outdoor special event sites shall be kept free from the accumulation of refuse edible by Wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate Wildlife-Resistant or Proof containers or Wildlife-Resistant Enclosures as provided in this Chapter or be removed to an appropriate disposal site. Ordinance No. 20, Series 2006 5-9-6: CONSTRUCTION SITE REFUSE DISPOSAL: All construction sites must have a designated Refuse Container that receives refuse edible by Wildlife. This container shall be a Wildlife-Proof Refuse Container. 5-9-7: COMMERICAL REFUSE DISPOSAL: All Refuse Containers receiving refuse from commercial establishments and restaurants which is edible by Wildlife shall be in Wildlife-Proof Containers, or shall be secured in aWildlife-Resistant Enclosure. Notwithstanding the forgoing, this requirement shall not apply to municipal Refuse Containers which are emptied at the end of each day, or multiple times per day. 5-9-8: COMPACTORS: Trash compactors are compliant with this Chapter when no refuse is exposed. Compactor doors must be kept closed at all times, except when loading or removing refuse and the area around the compactor must be kept clean of refuse and debris. 5-9-9: FEEDING OF WILDLIFE PROHIBITED: A. intentional or Unintentional: No person shall intentionally or unintentionally feed or provide food in any manner for Wildlife on public or private property within the Town of Vail. A person will be considered to be in violation of this Chapter if they leave or store any garbage, refuse, food product, pet food, grain or salt in a manner which would create a lure, attractant or enticement for Wildlife. B. Bird Feeders: Bird feeders are allowed. However between the dates of April 15 and November 15, all bird feeders must be suspended. on a cable or other device so that they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. 5-9-10: ENFORCEMENT: A. Town of Vail Police and Code Enforcement Officers shall have the power to issue a warning notice or a summons and complaint to any person in violation of this Chapter. Ordinance No. 20, Series 2006 B. Town of Vail Police or Code Enforcement Officers shall have the right to inspect, during reasonable hours, any property in the Town concerning any Wildlife concern or potential Wildlife attractant. 5-9-11: PENALTY ASSESSMENT: A. Violation of any provision of this Chapter by any person shall be unlawful and subject to the General Penalty provision, Section 1-4-1, of the Vail Town Code. Either the owner or occupant of a residence or commercial establishment may be held responsible for a violation of any provision of this Chapter. B. A Resident shall be deemed to have been issued an appropriate notice of violation if it is personally served upon the Resident, placed in the U.S. mail, postage prepaid and addressed to the Resident according to the last known address given by the resident to any Town of Vail or Eagle County government department. If the identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location. will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. 5-9-12: VIOLATOR'S RESPONSIBILITY: In addition to the penalties outlined in this Chapter, violators may be required to perform all necessary actions to remove or abate attractants of Wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbecue grills, and/or the required use of Wildlife-Proof Containers and/or Wildlife-Resistant Enclosures. 5-9-13: COMPLIANCE REQUIRED AND TIME PERIOD: Any container required by this Chapter shall be brought into conformity with the provision of this Chapter by April 15, 2007. Any enclosure required by this Chapter shall be brought into conformity with the provision of this Chapter by August 1, 2007. Upon application to the Town Manager, and showing hardship by an owner of an enclosure or container required hereunder, the Town Manager may grant an extension, for a reasonable period of time, with which to comply with the provision of this Chapter. Town of Vail refuse containers must be in compliance with this ordinance by April 15, 2009. Ordinance No. 20, Szries 2006 C INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006, and a public hearing for second reading of this Ordinance set for the 3rd day of October, 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. 20, Series 2006