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Home My WebLink About2008-11-18 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:00 NOON, TUESDAY, NOVEMBER 18, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. No public comment will be taken. Council will be served lunch. 1. ITEMITOPIC: Review Strategic Work Plan. (20 min.) 2. ITEM/TOPIC: PEC/DRB Update. (10.min.) 3. Nina Timm ITEM/TOPIC: Proposed Employee Housing Unit . Exchange Program. (20 min.) ACTION REQUESTED OF COUNCIL: Provide staff and the Vail Local Housing Authority. with .direction regarding the proposed employee housing exchange program. BACKGROUND RATIONALE: The Town of Vail Employee Housing Strategic Plan identifies the establishment of an employee housing exchange program as a priority action step. Previously, the Town Council requested the Vail Local Housing Authority, provide Town Council with a recommended exchange formula. STAFF RECOMMENDATION: None at this time. 4. Warren Campbell ITEMITOPIC: Presentation to the Will Town Council on the LionsHead Redevelopment Master Plan recommendations and the criteria for review of the redevelopment for the. area known as Ever Vail. (30 min.) ACTION REQUESTED OF COUNCIL: There is no action requested of Council at this, time BACKGROUND RATIONALE: The redevelopment of the area known as Ever Vail is an intricate project with many applications and steps within the development review process. Staff and Vail Resorts Development Company have scheduled a. presentation with the Vail Town Council in an. effort. to communicate the contents of the LionsHead Redevelopment Master Plan and criteria to be used to evaluate the Ever Vail redevelopment. A presentation to the 'Vail Town Council' will include excerpts . from the LionsHead Redevelopment Master Plan and the criteria by which the Town Council, Planning and Environmental Commission, and Design Review board will utilize in evaluating the redevelopment. 5. Bill Gibson ITEM/TOPIC:. Discussion of the second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 21, Series of 2008, on second reading. "BACKGROUND RATIONALE: On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the October 7th hearing, Staff has been revising the proposed ordinance language to address the Council's conditions of approval and comments received from the public. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 21, Series of 2008; on second reading. 6. . ITEM/TOPIC: Information Update. (30 min.) 7. ITEM/TOPIC: Matters from Mayor & Council. (15 min.) 8. ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6 402(4)(a)(b)(e) - to 'discuss the purchase, ! acquisition; lease, transfer, or sale of property interests; to. receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Town owned property; 2) C.R.S..§24-"02(4)(b) - to receive legal advice on specific legal questions, Re: Newsrack regulations. (2 hrs.) 9. ITEM/TOPIC: Adjournment. (4:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR.WORK SESSION WILL BEGIN-AIT TBD, TUESDAY, DECEMBER 98, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. PLANNING AND ENVIRONMENTAL COMMISSION November 10, 2008 TOWtV0FVAII, ' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Rollie Kjesbo Michael Kurz Bill Pierce Scott Proper Sarah Robinson-Paladino Susie Tjossem David Viele MEMBERS ABSENT Site Visits: 1. Mahoney Residence, 433 Gore Creek Drive 1:00 PM 15 minutes A request for a final review of a variance from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction of a staircase within the setback, located at 433 Gore Creek Drive (Vail Trails East Townhomes)/Lot 15, Block- 4, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080056) Applicant: Mark & Noplle Mahoney, represented by Steven James Riden, Architect Planner: Bill Gibson ACTION: Denied MOTION: Kjesbo SECOND: Tjossem VOTE: 5-2-0 (Proper and Robinson-Paladino opposed) Bill Gibson gave a presentation per the staff memorandum. Steven Riden, architect representing the applicant, gave an overview of the proposal stating that while there are many ways to accomplish the proposed connection between the two units that the location of the stairway in the setback would be more convenient. The Commissioners expressed their findings that the proposal did not meet the criteria to grant a variance. 5 minutes 2. A request for a final review of a Conditional Use Permit, pursuant to 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive-up facility, located at 2111 North Frontage Road West, Suite A/Part of Lot 3, Vail Das Schone Filing 3 and setting forth details in regard thereto. (PEC080060) Applicant: Xpresso Drive-Thru Cafe, represented by Beth Levine Planner: Nicole Peterson ACTION: Tabled to November 24, 2008 MOTION: Kurz SECOND: Viele VOTE: 7-0-0 5 minutes Page 1 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, . for prescribed'' regulation amendments to Title 12, Zoning Regulations, Title 13, Subdivision Regulations and Title 14, Development Standards, Vail Town Code, for regularly scheduled housekeeping amendments, and -, setting for details in regard thereto. (A more complete description is available at the Community Development Department.) (PEC080054). Applicant: Town of Vail Planner: - Rachel Friede ACTION: Withdrawn 4. Approval of October 27, 2008 minutes = .MOTION: Kjesbo SECOND: Proper VOTE: 7-0-0 5. Information Update 6.' Adjournment' MOTION: Kjesbo SECOND:- Proper VOTE: 7-" The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. "The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 7, 2008, in the Vail Daily. Page 2 1tlWNOFYAQ. . PROJECT ORIENTATION MEMBERS PRESENT Pete Dunning Mike Dantas Brian Gillette Tom DuBois Elizabeth Plante DESIGN REVIEW BOARD AGENDA PUBLIC MEETING November 05, 2008 Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT SITE VISITS 1. Xpresso Drive-Thru, 2211 North Frontage Road 2. Vail Spa, 710 West Lionshead Circle 3. Mountain Haus, 292 East Meadow Drive 4. TOV Generator, 75 South Frontage Road PUBLIC HEARING - TOWN COUNCIL CHAMBERS Vail Valley Medical Center DRB080510 / 10 minutes Final review of a minor exterior alteration (MRI quench vent chase) 181 West Meadow Drive/Lots E&F, Vail Village Filing 2 Applicant: Vail Valley Medical Center, represented by Ryan Magill ACTION: Approved MOTION: DuBois SECOND: Gillette VOTE: 5-0-0 2. Mountain Haus Condos DRB080531 / 10 minutes Final review of a minor exterior alteration (re-paint) 292 East Meadow Drive/Tract B, Vail Village Filing 1 Applicant: Mountain Haus Condominiums, represented by KH Webb Architects ACTION: Tabled to November 19, 2008 MOTION: Dantas SECOND: Gillette VOTE: 5-0-0 3. Vail Spa Condos DRB080476 / 10 minutes Final review of a minor exterior alteration (windows, doors) 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Vail Spa Condominiums, represented by Wolfpack Construction ACTION: Approved MOTION: Gillette SECOND: Plante VOTE: 5-0-0 4. Vail Golf Course DRB080557 / 10minutes Final review of a minor alteration (retaining walls) 1655 Sunburst Drive/ Tract B, Vail Village Filing 8 Applicant: Vail Recreation District, represented by Scott O'Connell ACTION: Approved MOTION: Dantas SECOND: DuBois VOTE: 5-0-0 2:00pm 2:30pm 3:00pm Bill Rachel Rachel Rachel Page 1 5. Xpresso Drive-Thru Cafe DRB080522 / 10 minutes Nicole Conceptual review of a minor exterior alteration (fagade &* signs) 2111 North Frontage Road West, Suite A/Lot 3, Vail Das Schone Filing 3 Applicant: Xpresso Drive-Thru Cafe, represented by Beth Levine Conceptual, no vote 6. Chedraui Residence DRB080550 / 10 minutes Nicole Conceptual review of 'an addition (Suites 110 & 602) 100 East'Meadow Drive/Lot O, Block 5D, Vail Village Filing 1 Applicant: Colondo Company, represented by Blueline-Architects Conceptual, no vote. 7. Town of Vail Generator Addition DRB080558. / 10 minutes Nicole Final review of changes to approved plans (venting) 75 South Frontage Road/Unplatted Applicant: Town of Vail Public Works, represented by John Gallegos ACTION: Approved, with conditions MOTION: Dubois SECOND: Gillette VOTE: 5-0-0 CONDITION(S): 1. The applicant. shall paint all louvers and exterior fixtures on the addition to match the building, within 30 days of design review approval. JNFORMATION & UPDATES Ever Vail Roles & Responsibilities STAFF APPROVALS Gannett Residence DRB080442 Nicole Final review of changes to approved plans (waterproofing, structural) 330 Beaver Dam Circle/Lot 6, Block-3, Vail Village Filing 3 Applicant: Kathryn Gannett; represented by.KH Webb Architects Wiepking Residence DRB080443 Nicole Final review of changes to approved plans.(waterproofing, structural) 332 Beaver Dam Circle/Lot 6, Block 3, Vail village Filing 3 Applicant: Jeff,& Donna Wiepking, represented by KH Webb Architects Mill Race Condominiums DRB080451 Nicole Final. review fora mirior exterior alteration (lighting) 1320 Westhaven Drive/Cascade Village Applicant: Coldstream Condominium Association, represented by Warzecha Inc. Patagonia at Arrabelle DRB080495 Nicole Final review of a sign (individual business) 675 Lionshe'ad Place, Patagonia/Lot 2, Block 1, Vail Lionshead Filing 3 Applicant: Patagonia, represented by Fricke Design/Build Inc Page 2 Schmidt Residence DRB080498 Final review of changes to approved plans (stain color) 2596 Davos Trail/Lot 3, Block E, Vail Das Schone Filing 1 Applicant: Hugh Schmidt Vail Sports DRB080504 Final review of a sign application (modify existing) 521 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: Joseph Walker Snow Fox Condos DRB080506 Final review of a minor exterior alteration (re-roof) 1030 Lionsridge Loop/Lot B2, Block B, Lions Ridge Filing 1 Applicant: Arapahoe Roofing Valentine Residence DRB080507 Final review of changes to approved plans (deck, windows) 1255 Westhaven Circle/Lot 45, Glen Lyon Subdivision Applicant: Greg Bartock Meadowlark Residence DRB080509 Final review of a minor exterior alteration (landscaping) 4856 Meadow Lane/Lot 12, Block 7, Bighorn 5th Addition Applicant: Meadowlark Development Vail Sports DRB080512 Final review of a sign application 244 Wall Street/Lot 2, Block 5C, Vail Village Filing 1 Applicant: Vail Sports, represented by Joseph Walker Lindseth Residence DRB080514 Final review for a minor exterior alteration (landscaping) 4376 Streamside Circle/Lot 5A, Bighorn 4"' Addition Applicant: Virginia Lindseth Trust Leeds Residence DRS080516 Final review of changes to approved plans (landscaping) 955 Fairway Drive/Lot 2, Vail Village Filing 10 Applicant: Berglund Architects Franciose Residence DRB080517 Final review of changes to approved plans (paint, window, deck) 2834 Snowberry Drive/Lot 18, Block 9, Vail Intermountain Applicant: Susan & Reginald Franciose Rachel Nicole Nicole Bill Warren Rachel Warren Bill Rachel Cascade Condos DRB080518 Rachel Final review of changes to approved plans (extension of approval) 1310 Westhaven Drive/Cascade Village Applicant: Cascade Condos, represented by Mauriello Planning Group Page 3 Vail Resorts DRB080519 Bill Final review of changes to approved plans (extension of.previous approval for snowcat access road) 890 South Frontage Road West/Lot K, Glen Lyon Subdivision „ Applicant: Vail Resorts, represented by Mauriello. Planning Group Ottley Residence DRB080523 Warren Final review for a minor exterior alteration (landscaping) 2902 Bellflower Drive/Lot 1,-Block 8, Vail Intermountain Applicant: Dudley Ottley Sherr Residence DRB080524 Final review of an addition (bedroom) 4257 Columbine Drive/Lot 17; Bighorn Subdivision Applicant: Howard & Virginia Sherr Illingworth Residence DRB080525 Final review for a minor.exterior alteration (landscaping) 5112 Grouse Lane/Lot 8, Vail Meadows Filing 1 Applicant: Cheryl Illingworth Butner Residence DRB080526 Final review for a minor exterior alteration (landscaping) 2664 Larkspur-Lane/Lot 4, Block 1,.Vail Intermountain Applicant:. David Butner Winterstorm LLC, DRB080527 Final review for a minor exterior alteration. (re-roof) 2039 Sunburst Drive,. Lot 16-B, Vail Valley 3rd Applicant: Winterstorm LLC, represented by Folie Construction Thomson Residence DRB080528 Final review of a minor exterior alteration (replace.skyl.ights with roof) 5188 Gore Circle/Lot 7, Block 3, Bighorn Subdivision Addition 5 Applicant:, John Thompson, represented by Bomer-Carpentry Vail PBK, LLC Residences DRB080529 Final review of a minor exterior alteration (replace decks with "Juliet" railings) 1705 Geneva Drive/Lot.2-B, Matterhorn Village Applicant: Vail PBK, LLC, represented by Bomer Carpentry -Stempler . Residence DRB080530 Final review for a minor exterior alteration (landscaping) 1044 Homestake Circle/Lot 4, Block 6, Vail Village Filing 7 Applicant: Gerald. Stempler,represented by Brush Creek Landscaping Skaal Hus Phase II DRB080532 Final review of a minor exterior alteration (re-roof) 141 West Meadow Drive/Lot D-2, Tract A, Vail Village Filing 2 Applicant: Skaal Hus, represented by Charles Sherman Bill Jeri Jeri Jeri Bill Bill . Warren Warren Page 4 Stewart Residence DRB080533 Final review of a minor exterior alteration (stairs) 1760 Siena Trail, Unit D/Lot 23, Vail Village West Filing 1 Applicant: Kad & Ben Stewart, represented by PAE Services Rachel Mountain View Residences DRB080534 Warren Final review of changes to approved plans (storage units in parking garage) 442 South Frontage Road West/ Lot D, Vail Village Filing 5 Applicant: Lunar Vail, represented by Ron Constien Beck Residence DRB080536 Nicole Final review of a minor exterior alteration (deck, hot tub) 1890 Lions Ridge Loop, Unit 1/Lot 27, Block 2, Lions Ridge Filing 3 Applicant: Beck Family Trust, represented by Massive Imaginations Lions Square North DRB080540 Rachel Final review of a sign application (temporary site development) 635 Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3 Applicant: William & Paula Powell, represented by Viele Development Froning Residence DRB080543 Final review of a minor exterior alteration (landscaping) 2754 South Frontage Road West/Lot B, Stephens Subdivision Applicant: Maggie Froning Bighorn Terrace Townhomes DRB080545 Final review of a minor exterior alteration (landscaping) 4214 Columbine Way/Bighorn Terrace Applicant: Tom Talbot, VFD Ryan Residence DRB080549 Final review of changes to approved plans (spa vault) 54 Beaver Dam Road/Lot 32, Block 7, Vail Village Filing 1 Applicant: Pat McDonald Kruse Residence DRB080551 Final review of a minor exterior alteration (replace windows, door) 2199 Chamonix Lane, Unit 12/1-ot 4, Vail Heights Applicant: Hoyt Claybaugh Jen Jen Bill Rachel Pierce Residence DRB080552 Rachel Final review of a minor exterior alteration (replace window) 2730 Bald Mountain Road, Unit A/Lot 28, Tract A, Vail Village Filing 13 Applicant: Hoyt Claybaugh Smith Residence DRB080556 Bill Final review of changes to approved plans (landscaping) 333 Beaver Dam Road/Lot 41, Block 7, Vail Village Filing 1 Applicant: VAg Architects Page 5 i The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office; located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-21.38 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired; for information. Page 6 MEMORANDUM TO: Vail Town Council, FROM: Community Development Department DATE: November 18, 2008 SUBJECT: Employee Housing Unit Exchange Program 1. INTRODUCTION The establishment of an exchange program is a priority action step in the adopted Employee Housing Strategic Plan. The program will allow owners of a deed-restricted employee housing unit to remove the existing deed restriction in exchange for a deed restricted unit elsewhere in Town to be conveyed to the Town of Vail for resale. The purpose of this work session is to provide an overview of proposed regulations to the Vail Town Council. Because this is a work session, the Vail Town Council is being asked to listen to the presentation, ask any pertinent questions, and provide feedback to Staff on the program. II. BACKGROUND At the June 3, 2008, Town Council meeting Staff was directed to provide Town Council with various exchange options for these deed restricted units, keeping in mind the goal is employees occupying the units. At the July 1, 2008, Town Council meeting Staff was directed to bring back a proposed exchange formula the Vail Local Housing Authority recommends. On October 21, 2008, Town Council directed staff to prepare a draft ordinance for Town Council to review that included the Vail Local Housing Authority (VLHA) proposed "exchange rate" recommendation. At the VLHA public meetings on September 23 and October 28, 2008, the VLHA discussed the pros and cons of various proposals. The VLHA also received input from prospective applicants of an exchange program. The VLHA wanted to ensure the proposal allowed the Town to achieve its goal of an increased number of "livable" deed restricted employee housing units. III. DESCRIPTION OF REQUEST Town Staff is proposing to amend Chapter 12-13, Employee Housing, Vail Town Code, to provide additional regulations establishing a deed-restriction exchange program. The purpose of this program is to allow owners of deed-restricted employee housing units to exchange the existing deed-restricted unit for another unit elsewhere in the Town of Vail. This program shall apply to all non- appreciation capped, deed-restricted employee housing units in the Town of Vail that are attached to a private residence and are not required by the Town's Zoning Regulations. r Numerous exchange options have been proposed and discussed. Over time, it has been determined the most judicious means to achieve the goal is to establish an "exchange formula" based on the square feet of, the exchange EHU and the location of both the exchange and proposed EHUs. The Housing Authority and Staff believe the increase in the square feet of units will dramatically increase the overall livability of deed restricted employee housing units in the Town of Vail.- As the goal of the exchange program, is to achieve the greatest number of employee occupied housing units in Town, this program will achieve that goal along with increasing the overall quality of living for employees. The Vail Local Housing Authority and Staff are proposing the following prescribed regulations amendments to'Title 12, Zoning Regulations, to, establish Chapter 12- 13-5, Employee Housing Deed Restriction Exchange Program, as follows: . 12-13-5: Employee Housing Deed Restriction Exchange Program: A. Purpose: The purpose of this chapter is to provide more livable, alf„rdable employee housing units within the Town of Vail through the establishment of an employee housing deed restriction exchange program. The exchange program allows for the removal of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free-market dwelling unit, to the Town of Vail to be deed restricted. B., :Applicability. The program established under this Chapter may be applicable to an existing employee ` housing unit that is a non- appreciation capped unit and is not part of on-site requirements as part of Chapter 12-23, Commercial Linkage, or Chapter 12-24, Inclusionary Zoning. C. Definitions: .Commercial Job Core: The portion within the Town of Vail. located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and.west of the Town of Vail Soccer Fields on Vail Valley Road, as further defined by Exhibit A in this Chapter. Exchange EHU- Existing EHU with a deed-restriction that is being proposed to have the deed restriction' released as part of this program Proposed EHU: The existing dwelling unit that is being proposed to be conveyed to the Town of Vail for the purpose of placing'a'new employee housing deed restriction as part of this program. 2 D. General Requirements: 1. Exchange EHU requirements: a. The exchange EHU shall not be part of a project that was developed or deed-restricted at least in part by the Town of Vail. b. The exchange EHU shall not be part of an on-site employee housing requirement, as required by inclusionary zoning, commercial linkage, or as part of an approved development plan. 2. Proposed EHU requirements: a. The proposed EHU shall be located within the Town of Vail. b. The proposed EHU shall not be within a homeowners association that precludes deed restricted units, has a right of first refusal, right to approve the sale or the sale contract, or another requirement deemed to be similarly restrictive by the Administrator. 3. Exchange Rate: a. If the exchange EHU is within the commercial job core and the proposed EHU is also within the commercial job core, the square footage of the proposed EHU shall be a minimum of two (2) times the square footage of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU is outside of the commercial job core, the square footage of the proposed EHU shall be a minimum of three (3) times the square footage of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU is inside of the commercial job core, the square footage of the proposed EHU shall be a minimum of one and one-half (1.5) times the square footage of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU is outside of the commercial job core, the square footage of the proposed EHU shall be a minimum of two (2) times the square footage of the exchange EHU. 4. Exception; Fee-In-Lieu: The applicant may elect to provide a proposed EHU that is within 80% of the minimum required square footage for the EHU and shall be required to pay a fee in lieu for the remaining minimum required square footage at the rate established by the Vail Town Council for inclusionary zoning fee in lieu. 5. No Credit Given: If the square footage of the proposed EHU is in excess of the minimum required square footage, the additional square footage will not be available as a credit for any future application. 6. Compliance with Zoning Regulations: The property that includes the exchange EHU shall comply with all requirements of Title 12, Zoning Regulations, upon removal of the deed restriction and any subsequent combination of the exchange EHU with other dwelling units. 7. Conveyance of Proposed EHU: The proposed EHU must be conveyed, fee simple, to the Town of Vail at a price per square foot not to exceed the average price per square foot for the three most recent Vail Commons Residential Condominiums resale price, as determined by the Administrator. 3 E. Review Process 1. Application Required. The applicant shall provide the following as part of the EHU exchange application: a. An 'application fee set by the Vail Town Council on a regular basis; and b. A detailed description of the exchange 'EHU and the proposed EHU; and c. A written narrative of how the proposal complies with the general requirements. and criteria of this Chapter;. and.' d Any additional information- deemed, necessary by the Administ. ar40r. 2. Application Review Procedure: The Administrator shall - review the application for completeness and compliance with this Chapter, and shall make a determination of completeness and compliance with this. Chapter within fourteen (14) days of application submittal Should the Administrator deem that the. application is incomplete or not in compliance with this ,chapter, the Administrator shall deny the application. Should the Administrator deem the application both . complete : and in compliance with this chapter, the Admini.*!? alor shall forward the application. for review by the Vail Local, Housing Authority. The Vail Local. Housing 'Authority shall review the application and make 'a recommendation to the Vail Town Council within thirty (30) days -of application submittal -based on the criteria in section 12-13-5E-3(a). The Vail Town Council shall make a final determination of approval, approval with modifications, or denial of the application, based on the criteria in Section 12-13-5E-3a. 3. Criteria and Findings: a. Criteria: Before acting on an exchange program .application, the Vail Local Housing Authority and Vail Town Council shall . consider the -following criteria with respect to the requested application: i. The proposed. EHU is deemed to be of adequate condition and is not likely to have substantial maintenance issues. beyond typical maintenance within the following year; and M. The proposed EHU will not have costs" incurred-beyond HOA dues and typical maintenance fees that will preclude the unit from being affordable; and iii. Should the 'proposed EHU be within a homeowners association, the financial situation : of the homeowners association shall be deemed , in stable condition with sufficient funds to cover existing' anticipated repairs and maintenance; iv. Any homeowners association fees associated with the proposed EHU shall be commensurate with the services and amenities provided by the homeowners association; b. Necessary Findings: Before recommending and/or granting an approval of an application for an EHU exchange, the Vail Local Housing Authority and the Vail Town Council -shall make the following findings with respect to the requested amendment. 4 i. That the EHU exchange meets the criteria of Section 12-13- 5E-3(a), Vail Town Code; and ii. That the EHU exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and iii. That the EHU exchange furthers the general and specific purposes of the zoning regulations and employee housing regulations; and iv. That the EHU exchange promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. Appeals: Determinations made by the Vail Town Council and the Administrator may be appealed per Section 12-3-9, Appeals, Vail Town Code. IV. APPLICABLE DOCUMENTS The following portions of the Vail Town Code, specifically within Title 12, Zoning Regulations, are applicable to the discussion regarding the proposed exchange program. Town of Vail Zonina Reaulations (Title 12 Vail Town Code) Chapter 12-1: Title, Purpose and Applicability 12-1-2. Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Chapter 12-13: Employee Housing 12-13-1: Purpose: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. 5 12-3-7. Amendment. C. Criteria and. Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated:. Before acting on an application for an amendment to 'the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment. (1) The extent to which the text amendment furthers the general and., specific; purposes of the zoning regulations, and (2) The. extent to which the text amendment would better 'implement and better, achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive -plan and is compatible with the development objectives of the town, and (3) The, extent , to which the text amendment demonstrates how conditions have substantially changed since the adoption of ,the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, - convenient,- workable relationship among land use regulations . consistent with municipal development objectives;' and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. V. ACTION REQUESTED Because this is a work session, the Vail Town Council is being asked to listen to `the presentation, ask any pertinent questions, and provide feedback to Staff on the program. VI. NEXT: STEPS 1. December 8, 2008: Request recommendation from the Planning and. Environmental Commission .2. December 16,,2008:, First reading of ordinance by, Vail Town Council 3. January 6, 2009: Second reading of ordinance by Vail Town Council, 4. January 19, 2009: Program implementation 6 Vll. ATTACHMENT Exhibit A - Map identifying the Commercial Job Core Potato Patch \ ? ? «rMMw. ?,b+ s l i *OWN ?? ?,?? ?? _ -? 1-70 Exit # 176 i Lionshead Village \\ 1 ` • too Z Vail Village Commercial Job Core Spraddle Creek Ford Park Vail Golf Course (Holes 5 & 6) m 1 ?e Feet TMz ^?^:•••?'^ a m. ro.o mv.ri cis r..m u,. or ma ,ren :n..e e. ra c...,.?n.m?=. 0 500 1,000 2,000 w..2 mow, wr????.. Nov.mEer. aooe TViNd•'tM. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 18, 2008 SUBJECT: Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow. for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Towrf of Vail Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendment. to. Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. The purpose of the proposed amendments is to clarify the Town's outdoor lighting standards and to simplify the implementation and enforcement of the Town Code. The. proposed amendments are also intended to update the outdoor lighting standards to better achieve "green" (i.e. environmentally sensitive and energy efficient lighting fixtures and techniques) and "dark sky" (i.e. minimizing light pollution) policies. The proposed, Ordinance No. 21, Series of 2008, has been attached for review (Attachment A). 11. . BACKGROUND On January 22, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Town of Vail Zoning -Regulations to update the Town's existing regulations and to streamline the development. review process. At its July 14 and 28,- 2008, -public hearings,.the , Planning and Environmental Commission discussed the proposed . amendments ,to the Town's -outdoor lighting standards. The Commission was generally supportive of updating the Town's lighting regulations and adopting standards or guidelines addressing light, pollution and energy conservation. The' Commission -recommended that. any updates to the lighting regulations need to be, simple, clear, and easy to understand.. The,. Commission also recommended that time deadlines for Christmas tree lights be removed from the outdoor lighting regulations. At its August 19, 2008, public hearing, the Town Council held -a work session.to discuss the proposed amendments. The Council was generally supportive of the "green" and "dark sky" policies incorporated in the proposed amendments. On August 25, 2008, the Planning and Environmental Commission voted 6=0-0 to forward a recommendation of approval to the Town Council for the proposed amendments. On October 7, 2008, .the Town Council approved the first reading of Ordinance No. 21, Series of 2008, with conditions, by a vote of 7-0-0. As a reminder, the previous first- reading amendments reviewed _by the Council on October. 7th, were as follows (text to be deleted is?in sWkethreugh, text that is to be added is bold): 14-10-7. OUTDOOR LIGHTING: A. Purpose: This section of the design, gukWnes establishes standards for minimizing the unintended and undesirable side -effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting whisfr--is needed for the property on which the light sources are located, In addWe while protecting the legitimate privacy of neighboring properties The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive.. and energy efficient lighting technologies, and to promote "-`dark sky" lighting fixtures and installation techniques to reduce light pollution. 8. Applicability Except .as provided elsewhere in this Section, the design, placement, and use of all outdoor lighting within the town limits shall conform to the standards and guidelines as set forth in this section defined as f#esC hillside Via; ` sue; #a... +s, as :vef ac a Zene ts-.2s . - scrtien;-,as A# ether- zene ddishdrats C. Definitions: COMMERCIAL ZONED PROPERTIES: For the purposes of this section, commercially zoned properties shall be defined as all districts except those in hillside residential, single-family, . two-family, primary/secondary, residential cluster, low density multi-family and medium. density multi- family,: and housing zone districts, as well as all special development districts which have any of the above referenced zone districts as the underlying zoning. ?' 5% °) cs measumd r 3s c hewn in figs 2 e, this seGtiw; 2 FULLY -SHIELDED: Light fixtures. that do not emit light above 11 the horizontal plane of the fixture. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the. visible spectrum. -?o?,e/a?n ? n&Li.ght 8919_-£ evneedi 4g i+Pin- F,,,nrlred Ayenty five 25 CAr nvamn?e: c /12,6. "IAA?A?/11612-AO€A11 R,?''n ,rnvim,,..n ?ighren7kWng area ef-vr a fight-sebwee- r... s =t a s a light-sGw:: e.. W. the dase of -9 de": = . OUTDOOR LIGHTING: Any light source, or collection of light sources, located. outside. a building, including, but: not limited to, light sources attached to any part of a structure, located. on the surface of the ground, or located on freestanding poles. RESIDENTIAL ZONED. PROPERTIES: For, the purposes of this section,- residentially zoned properties shall be defined as those in hillside residential, single-family,: two-family, primary/secondary, residential cluster, low density multi-family and medium density multi-family . zone. 'districts, as. Well as all special development districts which have any of the above referenced zone districts as the underlying zoning. ??E 1=161M€ & Tobtai inifin/ limn I„m?c+ of ?it sF. i?. - D. Quantity of Light Fixtures: fight sourpea per- let sh e limffe-d- A-0 Ono-fight sburi-Ge per- Gne M-0-11-1zand of said fights _RhaU bee left open te the disGmtien of the-p leng as MOWS _, 'S 1 g`) -abet':! grsde, ?.... m the tep of the, t.um. to the finish q;Fa0e bele . _d?efiped_ in this seG6GR, OF ha e _)6m-,7e lumen s = 119 Watt fight ,. 93. The n, s: .. =re isubjeGt to design fevfew. 9. wlthin commercial zone districts The maximum number- of light sources is subject to requirements.of the.. adopted building codes and design review. 3 2:, Within residential zone'districts:: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand (1,000) square feet of lot area, except as provided for below. The location of said lights shall be 4e - g c^ di- aFin compliance with this code and are subject to design review. Light sources which are no more than eighteen inches (18') above grade, as measured from the top of the fixture to the finish grade below, and.are. eAeF full cutoff fixtures, cc _ in. -this aeGtien, or- have a maxim may be allowed in addition to the total number.of permitted outdoor light sources. _ -re Subjest to design Feviev-. E. Height Limits for Light Fixtures: 1. For all light sources located in commercial, zone districts, the maximum mounting height for light sources on a pole shall not exceed thirty five feet (35). The maximum mounting height for light sources affixed to vegetation shall'not exceed eight feet (89. 2. For all light -sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet (87. Light Sommes Affiwqd to -s: s s a s c strus Lfg# sss . ?*ag-net-be F. Lighting Guidelines: 1. Compatibility. Outdoor lighting. fixtures, fixture locations, and the color and intensity on the lighting must be aesthetically compatible with the site and structures on, which they are'located Outdoor lighting must also be consistent with* any. applicable design guidelines outlined in the Vail Comprehensive Plan. 2. :GlarelLight Trespass: Outdoor lights should be, designed, installed, and maintained in such a manner as to not produce glare or light trespass onto adjacent properties and public ways. " 3. Shielding: Outdoor lights should be fully shielded to not emit light, above the horizontal plane. Lights must be installed and maintained in such a manner that the shielding is effective. 4. Lighting Direction: Outdoor lighting should be directed at the object intended to be' illuminated, and directed down and away from adjacent properties and public ways. 4 5. Source Visibility: Outdoor light sources should be screened from adjacent properties and public ways. 6. Up-lighting: Any light directed upward must be contained by overhanging building or landscaping elements with the light source shielded from the sides. Up-lighting for flags should be shielded from the sides. 7. Dark Sky Friendly: Outdoor lights should be designed, installed, and maintained in accordance with the above listed guidelines to minimize the contribution of outdoor lighting to night time light pollution. Examples of "Dark Sky Friendly" outdoor lights are available from the International Dark Sky Association at www.darksky.org 8. Energy Efficiency: Outdoor lighting should be designed to conserve energy by utilizing energy efficient light sources such as Energy Star classified lights. Outdoor lighting should also be designed to conserve energy by using the lowest wattage lamp feasible and by utilizing energy efficient technologies such as seasonally adjusted automatic shut off timers, motion sensors, and photo voltaic systems. Outdoor lighting should also be operated to eliminate any unnecessary day-time use and reducing night time use during non- business hours and periods of limited residential activity. c: Whist h inn / V shines Oev Q h ts i 9 ? r whinh gash yin n ? vnhr? ` e . 7'T ? 9 T7 ['C +. - VV777Vr rl ?i Ti 9'aL? Y'V rV f ..f f bfink-, ftker-, pWsatibn 4- G. Prohibited Outdoor Lights: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. 4. High Intensity Discharge (HID) floodlights. 5. Laser source lights. 6. Search lights. 5 7. Any outdoor lighting. that could interfere with the public health, safety, or welfare. 1. Exemptions: The standards _ofthis section shall not apply to: 1. Decorative Holiday Lights C04st 3s' is fn L, ,. 2- Gh aE . y, in natuFe and are lerated in J 2. Sign illumination, as set forth in title 11 of this code. 4.3.. Municipal lighting installed for the benefit of public health, safety, and welfare. QykleeF got so ss ::s n 4.. Outdoor lights associated with an approved Special Events Permit 5. Outdoor lights associated with an Art in Public Places Board. (A/PP) approved public art display. 6. ' Temporary construction lighting associated 'with an approved building permit or design review approval, and lighting identifying hazards or road construction. J. Nonconformities: As of the effective date of this subsection, all legally established outdoor lighting that does not conform to every requirement of this section shall be legal nonconforming outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconforming outdoor lighting, without the outdoor lighting conforming to all applicable requirements of Title 12 of this code. K. Penalty..- The penalty for violating this section shall be as provided in Section 1-4-1 of this code. Each day of violation shall constitute a separate offense for the purpose of calculating the penalty. On October 7d', the .Town Council directed Staff to address three issues related to the proposed text for the second reading of the ordinance: change the proposed outdoor lighting . "guidelines.' (drafted as "should" statements) to lighting "regulations" (written as "shall" statements) 0 clarify the legal non-conformity provisions C distinguish between construction zone work lighting and construction zone 6 1y security. and egress lighting, and only .exempt the actual work lighting from the outdoor lighting standards At the Council's direction, Staff has revised the proposed text amendments to include a "lighting regulations" section ("shall" statements) and. a- separate "lighting guidelines" section ("should" statements). Staff, has also revised the proposed text amendments by removing. Any non-conformity and penalty provisions from Section 14-10, Outdoor Lighting, of the Town . Code. The provisions addressing non-conformities and penalties for violations of.the regulations are already established for the entirety of Title 14, Development Standards, Vail ,Town Code; and should not be reiterated within this one section of Title 14. The affect the Town's existing non-conforming'regulations have on outdoor lighting can be summarized as follows: • all new lights installed within the Town of Vail must comply with the adopted lighting ordinance; and, • all existing legally non-conforming lights-on a. property may. be maintained, but must be" individually brought into compliance with the adopted lighting ordinance if the light is replaced; and, • all existing legally non-conforming lights on a property must be brought into compliance with the adopted lighting ordinance in the event of a "demo/rebuild" construction project; and, • all existing legally, non-conforming lights on a property must be brought into compliance with the adopted lighting ordinance in the event of an addition, with a one-time exemption for construction projects involving less than 500 square feet of floor'area. At the. Council's direction, Staff has listed "temporary. construction zone :work,lighting associated with an approved building permit or design review approval.. as being exempt from the proposed lighting regulations. However, Staff has, noted that aconstruction zone security'and.egress lighting. is not exempt from the provisions of this section" `which therefore must comply with all requirements' of the Town Code. Since the Council's October- 7"' 'hearing, Staff. became: aware of a 1991 courtruling finding the former Section 18.54:050(C)11. of the. Town's.. previous lighting regulations was unconstitutionally vague in requiring .that: "Exterior lighting shall be designed and -located • in a manner to minimize the impact of lighting upon living areas within a proposed project and upon'-adjacent structures and properties." Based upon the court's finding of vagueness in the Town's previous regulations, Staff has removed the following language from the proposed Ordinance No. 21, Series of 2008: 7 "Light Trespass: All outdoor lights shall be designed, installed, and maintained in such 'a manner as to not produce light or glare onto adjacent properties or public ways. " Staff carefully weighed the option of drafting, light trespass requirements that were not vague. This could be accomplished by quantifying the allowable amount of light trespass with a numeric limit, such as measuring the lumens or candle power of a light source at a property line. However; Staff believes such a requirement would be contrary to the Planning and Environmental Commission's recommendations to simplify the Town's. lighting regulations, rather, than making the regulations more complex to .understand, implement, and enforce. Additionally, other communities. that regulate issues such as light trespass with-quantified limits are often suburban in character with large lots and wide. streets, and not communities with pedestrian villages such as Vail. While the concept of measuring light brightness could be implemented in some residential neighborhoods of Vail, such a concept would not be feasible or desirable to .implement in Vail Village or Lionshead. Additionally since the Council's October 7t'. hearing, Staff received public comments from East Vail resident Steve Prawdzik (Attachment B). Mr. Prawdzik has been involved in the lighting industry for many years and made three primary recommendations for the Council to consider- during.its review of the proposed Ordinance No. 21, Series of 2008: The lighting regulations should require "full-cutoff" lights, rather than "fully shielded" lights. 0 The height limits for lights mounted to poles should be reduced from 35 feet to 20 feet. 0 The Town's municipal lighting should not be. exempt from the lighting regulations. Staff met with Mr. Prawdzik and discussed these items, and . several others, and has revised the proposed ordinance to address many of his concerns. Staff has revised the proposed amendments to require full-cutoff lights, rather than fully shielded lights. Full- cutoff is a quantifiable term, while full shielded .is an interpretive term. Applicant's can demonstrate that the exterior lights being proposed as part of a development, project comply with this requirement by submitting the manufacturer's cut sheets listing, the. IIight as an Illuminating Engineering Society (IES) "Full-cutoff" Class light, documentation, that the light is approved as a dark-sky friendly light by the. International Dark Association (IDA), or any other similarly recognized documentation. This information _is publicly available on, the intemet, often on the lighting'. manufacturers' websites. Should the Council choose to adopt requirements for "full-cutoff" lights, Staff recommends the Council adopt exceptions to those full-cutoff requirements: "a. Up-lighting fully contained by an overhanging building element that prevents the light from emitting upward to the sky, 'when the light source is shielded from the sides. b. Up-lighting for flags when the light source is shielded from the sides. c. Lights with a gas flame as the sole light source. 8 r d. Lights specifically recommended by the Vail Comprehensive Plan." Staff believes, these exceptions provide a broader variety of lighting options to applicants while meeting the goals and intent of the Town Code. Based upon Mr. Prawdzik's input and the review of other communities' lighting regulations, Staff _has revised the proposed text amendments to lower. the allowable height of pole mounted ligths from 35 feet to 20 feet. Few existing lights within the Town Would not comply with this. standard. The prominent exception is CDOT's pole lights for 1-70, the associated exit/entrance ramps, and the round-abouts. However, these lights are not subject to municipal regulation. Since the Council's October 7t' hearing, Staff - has also revised the definitions being proposed as part of these text amendments to better clarify the distinction between commercial and residential properties. .. III. STAFF. RECOMMENDATION The Community Development Department recommends the Town Council approves, on second reading, Ordinance No. 21, Series of 2008,_ for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor. Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, as outlined in Attachment A of the Staff memorandum dated November 18, 2008, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 21, Series of 2008, on second reading, the Community Development Department recommends the. Town Council makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staffs August 25, 2008, memorandum and the evidence and 'testimony presented, the Town Council finds: That the amendments are consistent with the applicable elements of the adopted goals,. objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2... That the amendments further the general and specific purposes of the Development Standards outlined in Section 14-1-1, Purpose and Intent, Vail Town Code, and 3. That the amendments promotes the health, safety, morals, and general welfare of the - Town and promotes the coordinated - and harmonious 9 V development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IV. ATTACHMENTS Attachment A: Revised Ordinance No. 21, Series of 2008 Attachment B: Steve Pawdzik email dated 10/29/08 10 Attachment A ORDINANCE NO. 21, SERIES 2008 AN ORDINANCE AMENDING SECTION 14-10-7, OUTDOOR LIGHTING, VAIL TOWN CODEV TO ALLOW FOR AMENDMENTS TO.. THE OUTDOOR LIGHTING STANDARDS, AND SETTING FORTH- DETAILS IN REGARD THERETO. WHEREAS, on January 22, 2008, the Vail Town Council directed the. Community Development Department to prepare amendments to the Town of "Vail Zoning Regulations to update the Town's existing regulations and to streamline the development review process; and, WHEREAS, on August 25, 2008, the Planning. and Environmental -Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments:to the.Zoning Regulations in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council .finds and determines that.the amendments are consistent with the applicable elements-of the.adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and. is compatible with the developmeft objectives of the Town, based upon Section VI of the. Staff memorandum to the Planning and Environmental Commission dated-August 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific. purposes of the Development Standards,, based upon Section VI of the Staff memorandum: to-the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the ,amendments promote the health, `safety, morals;. and general welfare. of the Town and promote the coordinated and harmonious development of the Town in a manner that ; conserves and enhances its natural environment and'its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated August 25; 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, 'and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning.and Environmental Commission dated August 25, 2008, and the evidence and testimony presented: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code.is hereby established as follows (text to be deleted is in._ text that is to be added is bold) (all existing images are to be deleted): 14 10--7; 0U1TDQQR LIGHTING' Ordinance No. 21, Series of 2008, second reading a ' nd feadin9 2f' Sew of 20p8 sea0 ce T40. prdtaan 2 5?? ?8?? ? reading ordinance T40.21, Series of 2006, Second 2L.-Ch: trna:.tree ligl tr, whi ;h are-- empe?ra7 in natuf= .... zene=aistri#s ^+ ±?n ;h ie.s listed heFein. . €igr: ille:°:ir,atisn, as sst-fe4th in title 11 of thiS cede. 1 -3. aalth, _ fW, ar:d 5.-9 tdeeflight =9U#6?s os set4er*h in 'sh we within eiglgee-A innl es (18") nr n 9f finish Qfade a.. _ nd-afc Sit.te? mot es-er h=.,4 a r~a: im fc6- hid.^. F4. Nensenfefrm+ties: ?4s-ef tNe e#estavo dimp Af thic subsestisn, all sutdear t,: of this' septien ski=ll be-legal ROR60 lat.miAg-e+ftdeerligh#h . I_agaI rennqnfn=i l:c :Waved -in an estien,.r c 'sh.; 11 there -mss ary GhaRge in use ^r light type iii an} rep!aremeRt-_r st ef;a?a!-alta.?*, made t_a the ar.-f.hg-eatdeer lig ; C all a _ 'title 12 ^f 41 iFi ^^cje - TI^? .,e.,.;1+.. F^F- ^I^+ 9 this e94.on shall 5c as pr:Mded ir: S3GWR 4--1 1 of this-Cede. €=sh- day of vielaticF sh=Il serrrtitute a sa^arate ^f^^ce f^r the riaFpeseof salcj1a0g tha-penalj. L A. Purpose: This section establishes standards and 'guidelines for minimizing the -unintended and undesirable side effects of outdoor lighting while encouraging 'the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose, of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of. neighboring properties.. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution. B. Applicability: Except as provided elsewhere in this-title, the design, placement, and use of all outdoor lighting within the town limits shall conform to the standards and guidelines as set forth in this section. C. Definitions: FULL CUTOFF: Light fixtures that do not emit light above the horizontal plane of the light source. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum; LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, low density residential properties shall be defined as 4 Ordinance No. 21, Series of 2008, second reading properties with no more than three (3) dwelling units or employee housing units. MULTIPLE-FAMILY AND -COMMERCIAL. PROPERTIES: For the purposes of this section, multiple-family and commercial zoned properties shall be defined. as those with four (4) or more dwelling units or employee housing units, commercial uses, or mixed-uses. OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part-of a'.structure, located on the surface of the ground, or located on-freestanding poles. D. Lighting Regulations. 1. Quantity of Light Fixtures: The maximum number of outdoor light sources fors all properties is subject to the requirements of the adopted building codes and design review. For low density-residential properties, the maximum number of light sources per lot shall be limited to. one outdoor -light per one, thousand (1,000) square feet of lot area. Light source's which are no more than eighteen inches (18") above grade, as measured from the top of the fixture" to the finish . grade below, and are full cutoff fixtures, may-be allowed in addition to the total number of permitted outdoor light sources. 2. Height Limits for Light Fixtures' Out lights affixed to a structure 'shall. Pot, exceed the height of the. roof 'eave. The maximum mounting height for light sources on a pole shall not exceed twenty feet (20'). 3. Full Cutoff:'AII outdoor. lights. shall be fully cutoff to not emit light above the horizontal "plane of the light source. 'Outdoor lights must be Illuminating Engineering.:, Society.. (IE$) "Full Cutoff". Class, International Dark-Sky Association-(IDA) approved, or have similarly recognized verification of. being full cuttoff. Lights must be installed and maintained in such a manner that the full cutoff is effective. Exceptions: the following outdoor lights may be non-full cuttoff: a. Up-lighting. fully contained by an overhanging building element that prevents the light from emitting upward to the sky, when the light source is shielded"from"the sides. b. Up-lighting for flags when the light source is shielded from the sides. c. Lights with a gas flame, as the sole light source. 5 Ordinance No. 21, Series of 2008, second reading d. Lights specifically recommended- by the Vail Comprehensive 'Plan. 4. Lighting Direction: .All outdoor lighting shall be directed at the object intended to be illuminated and away from adjacent properties and public ways.' Outdoor lights shall be directed downward, unless contained by overhanging building or landscape. elements with the light source shielded from the sides. Up-lighting is allowed for flags when the light source is shielded from the sides.. 5. Energy Efficiency: All outdoor lighting shall comply with the Town's adopted energy conservation code. E. Lighting Guidelines: 1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on 'the lighting should be, aesthetically compatible with the site and structures on which they. are located, the character of the surroundings, and with VaWs environment Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail Comprehensive Plan. 2. Light- Pollution: All outdoor lights should be designed, installed, and maintained to minimize the contribution of outdoor lighting to night time-light pollution. Examples of low light pollution fixtures are available from lighting manufacturers and organizations such as the International Dark-Sky Association (IDA). 3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to achieve the safety and aesthetic purposes for the lighting. Outdoor lighting should utilize energy efficient light sources of the lowest wattage feasible, and' utilize energy efficient technologies. Outdoor lighting should also be operated and maintained to eliminate any unnecessary day-time use and to reduce night time use during non-business hours and periods of limited residential activity. F. Prohibited Outdoor Lights: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of.a structure. 3. Neon, or similar gas filled, lights. 4. Laser source lights. 5. Search lights. 6. Lights attached to vegetation, except decorative holiday lights. 6 Ordinance No. 21, Series of 2008, second reading 7. Any lighting that could interfere with the public health, safety, or welfare. G. Exemptions: The standards of this section shall not apply to: 1. -Decorative holiday lights. 2. Sign illumination, as set forth in Title 11 of-this code. 3.. Official government lighting installed for the benefit of. 'public health, safety, and welfare. 4. Outdoor lights associated with an "approved Special Events Permit 5. Outdoor lights associated with an Art in Public Places Board (AIPP) approved public art display. 6. Temporary construction zone work righting associated with an approved building permit or design review approval (construction zone security and egress lights are not exempt from the provisions of this section). 7. Lighting identifying hazards or road construction. Section 2. If any part, section, subsection, sentence,. clause or phrase of -this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the. -remaining portions. of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more .parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. . The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town' Code as provided in.this ordinance shall: not affect any right which has accrued, any duty imposed, any violation. that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under: or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylawsorders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such' inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7t' day of October, 2008 and a public 7 Ordinance No. 21, Series of 2008, second reading hearing for second reading of this Ordinance set for the 18th day of November; 2008; in the Council Chambers of the Vail Municipal Building, .Vail,,Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED-ON SECOND READING AND, ORDERED PUBLISHED this 18th day of November, 2008. Richard D. Cleveland; Mayor Attest: Lorelei Donaldson, Town Clerk Page 1 of 2 Attachment B Bill Gibson - Proposed Amendment to Lighting Ordinance From: To: Date: 10/29/2008 8:40 PM Subject: Proposed Amendment to Lighting Ordinance Dear Bill: I am a East Vail resident and have been in the outdoor lighting profession for almost 30 years. I stopped ,by Town Hall today- and got a copy of the proposed amendments to the lighting ordinance and was given your name as the planner for this topic.. I've had a chance to review the proposed changes and would like to offer my comments on the topic for your consideration. I have spent a considerable amount of time over the years, either, as a.passive observer or active participant, in the development of lighting ordinances in Breckenridge, Carbondale, Avon, Carbondale, and Eagle. I have a very good understanding of what the issues are from the pviziyective of the citizen as well as the municipality. We are fortunate to live in a state that'has been at the forefront of the Dark Sky movement. This is true in the Front Range, but even more so on the Western Slope. The average citizen seems to have a good und,,..,L nding of the implications of this topic and a deep desire to protect the environment. Whether itbe.the long term local or the out of town homeowner, we all share the feeling that one of the reasons We live'here is to get away from suburban life and the desire to be able to look out the, window at night and enjoy the stars. Over the years I have found it remarkable-how such a seemingly innocuous topic creates such passion. Asa result of this passion, most communities have done a good job of embracing the Dark Sky concept. and have. adopted Lighting Ordinances appropriately. I commend you for addressing the issue,. because the current ordinance, while good intended, is-full of errors and inconsistencies. I have actually used it as an example in my work as how not to right an ordinance, so it is nice to see TOV address the issue.. With that said, it is my intention to attend the Council Meeting and encourage that Council to vote against the adoption of this ordinance. The reason for this is that the way the proposed ordinance is written is actually a step backwards from what the Dark Sky movement is trying to accomplish. Here are my-issues with the proposal: 1) We should not be replacing the term Full Cutoff with Fully Shielded. Full Cutoff has a very specific definition, and is measurable. The term Full Cutoff has an IES definition and is the essence of most . lighting ordinances. , More than anything else in an Ordinance, the adoption of a Full Cutoff standard is the, most critical aspect of a successful and enforceable- Dark Sky- lighting ordinance. The term Fully Shielded is a subjective term and is not measurable. In stead of replacing Full Cutoff with Fully Shielded, I suggest you correct the defuiitioji of Full Cutoff. (The definition is actually 0% .light output above 90 degrees.). It should be noted that a Full Cutoff light fixture is also Fully Shielded, but a Fully Shielded light fixture is not necessarily Full Cutoff. 2) Height Limits for Light Fixtures should be reduced from 35' maximum to 20 ft. maximum. Tall file://C:\Documents and Settings\Administrator\Local Settings\TempWgrpwise\4908CA... 11/12/2008 Page 2 of 2 lights are obnoxious and we don't need them any more.. Not that we are ever going to see major retail . malls in Vail, we should limit parking lot lights to 20 ft. The lights that CDOT required in the roundabouts are 35 ft. Can you imagine the outrage there would be if VMS or VVMC put poles this tall in their parking lots? Examples of successful commercial parking lot projects in the area that used a 20 ft. maximum are Traer Creek (Wally World and Horne DePOT) and Glenwood Meadows Mall in Glenwood Springs (Lowe's). These are also Full Cutoff projects. The vast majority of lighting ordinances written today have these limitations and communities has come to expect this and the developers have accepted it as the bark Sky friendly norm. . 3) Municipal lighting'should not be exempted from the ordinance. The reason for this is because, far . and away, the biggest violator of lighting ordinances is the municipality itself. This is because they own the largest number of outdoor lights; used in both street lighting and pedestrian lighting applications. This was especially true in Avon and Breckenridge, These communities truly have the desire to impact their environment in a positive way, and the only was you can expect the community to support such an ordinance is if the Town cleans up it's own act first. These communities, with the resounding support of their citizens, chose to embark on a program to become compliant over time. This reality is also true in Vail as the vast.majority of lighting that TOV owns, 90% + by my estimation, are not Dark Sky friendly. As specific examples, all of the "shoe box" type lights in the residential neighborhoo d should be aimed straight down, but they are currently tilted up, above 90 degrees. Also, all the new pedestrian lights being installed in Vail Village, Lionshead, and the Transportation.Center are NON-cutoff-lights and yet Full Cutoff lights are readily available. We all know from experience how difficult it is to explain why a developer has to beheld to one standard, while. the town can do what ever it wants. Thank you for your time to read through my pontification: I hope you will re-consider this ordinance. I strongly encourage: you to come up with a better solution and am willing to offer you my assistance in creating a better solution that meets the needs of the community. Respectfully, Steve Steve Prawdzik 3094 Booth Falls Road #17 Vail, CO. 81657 Cell: 970-376-3115 Fax: 970-477-1362 E-mail: ski.vail(ir),comcast.net file://C:\Documents and Settings\Administrator\Local Settings\TempWgrpwise\4908CA... 11/12/2008 I' MEMORANDUM To: Town Council From: Stan Zemler Date: November 13; .2008 Subiect: Timber. Ridge BACKGROUND There are two overarching. objectives for the redevelopment of the Timber Ridge prop": - Provide net new employee housing units. Reduce or eliminate the existing Timber Ridge debt. The Timber Ridge Redevelopment Advisory Committee was commissioned in May to advise the Town Council on, the . redevelopment of -the Timber Ridge property. The following members served on the committee: Mike Coughlin, Coughlin & Company, developer of Middle Creek; Mark Gordon, Vail Town - Council; . Ann Gunion; VAG Architects; Steve Lindstrom, Vail Movies and Vail Local.Housing Authority (VLHA); Alex Potente, Eagle County housing :department; Mark Ristow, First Bank and VLHA; and Margaret Rogers, Vail Town Council. Specific tasks completed by the advisory committee included: Prepare and adopt redevelopment goals and parameters to be used to evaluate development proposals. - Town should maintain ownership in the land, with the preferred method being a land lease. - The project should be phased, with the first phase on the eastern '/z of the property. = Based on demand for housing types, redevelopment on 'the. first phase should consist of seasonal rental units, not year-around or for-sale product. A minimum of 600 beds should be provided on the first phase. The town's debt should be reduced. Deed restrictions should stay with the project and not be available for sale to fulfill developers' housing requirements. Complete a site. specific master plan. Stan Klausen Associates, Inc., developed the attached site plans to illustrate potential massing and placement of buildings and parking. Issue a Request for Proposals to developers for implementation of the site specific master plan. The advisory committee developed a request' for qualifications (RFQ), as a recommended method for identifying potential developers of the project. The draft -RFQ is attached for Council consideration. Specific policy questions answered by the advisory committee included: Is maintaining long-term control critical? If so, is a land lease the best. vehicle to achieve this goal? Long-term control of the property is critical 1.) to assure affordable deed-restricted rental housing is available to employees working in Eagle County more than 30 hours a week and 2.) to assure the town maintains control of repurposing the property.at the end of its useful life. The advisory..committee recommends a land lease as the best vehicle to achieve this goal. Who should be housed in a redevelopment of Timber Ridge? Based on current use of the property and housing demand, a redeveloped Timber Ridge should house seasonal employees. Can the site be practically subdivided and redeveloped as multiple projects? Yes, it is feasible to sub-divide the property per the site plans attached. The eastern half of the property could support a minimum of 550 - 600 beds and be developed in the first phase. The western half.of the property could continue to operate while the east side is redeveloped. The western half includes the management office; laundry facilities, and 95 rental units (380 beds). Both halves have road access. and utilities could be separated for the western half to continue operating. ALTERNATIVES CONSIDERED The RFQ prepared by the advisory committee is one of three approaches that could be. used as a means of redeveloping Timber Ridge within the committee's recommended guidelines: The other two alternatives are for the Town of Vail to redevelop the property through a design/build process and for the town to negotiate with Vail Resorts to redevelop the property. The pros and cons of each alternative are listed below. In addition, some areas of concern apply to all alternatives: - Town of Vail debt - refinancing existing .Timber Ridge debt and potential new debt - West side of the property continued operation in competition with new units and eventual redevelopment - Determination of parking requirements for the site - Absorption of new-units into existing inventory of work force housing - Timing for delivery of new/redeveloped units REQUEST FOR- QUALIFICATIONS The committee recommended a request for qualifications (RFQ) rather than the more traditional request for proposal (RFP) to allow for more creative responses and to allow the town to focus, on the respondent's qualifications, experience, and financial strength before developing detailed plans for the site. Under the RFQ process, the town would use the RFQ responses to select one or two developers to develop project plans and negotiate with the town to do the redevelopment. Pro's - Provides an opportunity for creative solutions => minimum expectations may be exceeded; we won't know unless we try - Considerable thought has gone into the development of the RFQ - Developer assumes risk for project cost and timing Con's - Could be a time consuming process with an uncertain outcome - Could be a challenge to meet a 2010 project start - Not much different from process which failed before -2- V/ - Town does not necessarily get what it wants - It may not be possible for a developer to achieve his required returns within the constraints of affordable rent and lease payments to the Town of Vail - A developer would likely need to partner with Vail.Resorts in some way to assure occupancy and cash flow in a seasonal property - Town does not control cost, which may impact affordability of rentals Town does not control schedule - Ability of developers to get financing in the current market - Town continues to carry substantial debt - Town is dependent upon the developer's lease payments to. repay town debt TOWN OF VAIL DESIGN/BUILD The committee briefly discussed the town as the developer with, no formal. conclusion or, recommendation. Staff has identified a "Design/Build" process as the preferred method if the town were to act as the developer. With a design/build process,, the town would select a design/build team through a competitive bidding process. The team would consist of a general contractor and architect/engineer, who may all be part of an :existing company or may be a partnership teaming up for this project. The design/build team is accountable for the entire redevelopment from design through warranty based upon the town's clear definition of program priorities. The town would provide, project oversight through a project manager,., who could be a town employee or an outside contractor. The town would have full responsibility for financing the project. Pro's - TheJown maintains ownership and control The project may cost less => town oversight should cost less than a developer's fee and the town's required return on investment is less than a developer's Town controls budget and schedule - Potential for more affordable permanent financing options Con's - Town of Vail equity contribution would be required. - Additional debt would be considerable when compared to town's, existing debt. - Debt may have an unfavorable impact on the town's ability to finance other needs, such as a fire station, parking improvements, or other housing projects - The revenue stream to repay the town's debt would be at risk if a master lease could not be obtained at a sufficient rental rate to support operations and debt repayment - The town is not well qualified or. experienced in developing or operating a housing development project of this size - It may be more difficult for the town to keep the project on budget or on schedule if changes are made during construction - Could be a challenge to meet a 2010 project start - Flexibility in work force housing.- needs may change NEGOTIATE WITH VAIL RESORTS TO DEVELOP THE PROPERTY Vail Resorts currently master leases 170 out of 198 units at Timber Ridge to house their employees. They are the largest employer of seasonal workers in Vail. The alternative presented here includes a 45-day exclusive negotiation with Vail Resorts to see if the town and the resort can reach an agreement for the resort to redevelop the property within the minimum guidelines recommended by the advisory committee. -3- Y Pro's - The town and Vail Resorts. have a long-standing aligned interest in providing affordable seasonal rental housing.to employees : - Vail Resorts has the financial wherewithal to undertake the project now - Vail Resorts has an internal development company with experience in building large developments - Vail Resorts has a vested interest in redeveloping the property with the lowest cost of ownership and affordable rental rates Any solution to seasonal rental housing needs to involve Vail Resorts => this option achieves it directly If the town and Vail Resorts fail to negotiate an agreement in .the next 45 days, one of the other options could be pursued A,201 ostart is achievable Potential to significantly reduce TOV debt in a relatively short time Con's - Vail Resorts -has an existing commitment to provide 120 beds on the North Day Lot with construction to begin in April 2010 - Timing and regulatory requirements for number of beds owed need to be considered - Community. perception may be unfavorable to moving Vail Resorts housing obligation from the North Day Lot STAFF RECOMMENDATION Staff recommends negotiation with Vail Resorts as the preferred approach; with issuance of'an RFQ the second alternative should negotiations fail. The town acting as the developer involves more risk to the town than the other alternatives and is therefore not recommended. Staff believes the most prudent approach is to start with Vail Resorts. The Town of Vail and Vail Resorts are most aligned in the long-term interest of Vail. Vail Resorts is in the best position to meet a 2010 start goal and is most likely able to secure the financing . necessary in the current market. This option has the greatest potential to significantly reduce the town's outstanding debt in. a relatively short time frame. -4-