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HomeMy WebLinkAbout2010-02-16 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA +` TM W Via' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., FEBRUARY 16, 2010 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM /TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Town Manager's Report. a. Insurance Service Office (ISO) Rating Update. b. Green Business of the Year Award to the Town of Vail. (15 min.) PRESENTER(S): Stan Zemler 3. ITEM /TOPIC: Adoption of Council Vision Document/ 2010 Priorities. (10 min.) PRESENTER(S): Stan Zemler 4. ITEM /TOPIC: Mountain Travel Market Update. (30 min.) PRESENTER(S): Ralf Garrison BACKGROUND: Ralf Garrison will give an update on market conditions in the mountain resort industry to the Town Council and the community and answer questions. 5. ITEM /TOPIC: A request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek public stream tract, generally located adjacent to the Mountain Haus at 292 East Meadow Drive, and setting forth details in regard thereto. (30 min.) PRESENTER(S): Bill Gibson ACTION REQUESTED OF COUNCIL: The Town Council shall approve, approve with conditions, or deny the applicant's request. BACKGROUND: The applicant, Mountain Haus, is requesting permission to proceed through the development review process with a proposal to construct a laundry vent pipe and associated culvert on the Town owned Gore Creek public stream tract. The applicant can not proceed with these \n 2/16/2010 \n development applications without first obtaining the Town Council's joint property owner authorization for the proposed construction on the Town owned parcel. STAFF RECOMMENDATION: Staff recommends the Vail Town Council denies the applicant's request. 6. ITEM /TOPIC: First reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) (15 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon first reading, and approve, approve with modifications, or deny Resolution No. 5, Series of 2010. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. 7. ITEM /TOPIC: Resolution No. 3, Series of 2010, a resolution approving the second amendment to the Core Site Employee Housing between the Town of Vail and the Vail Corporation, d /b /a Vail Associates, Inc. (10 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 3, Series of 2010. BACKGROUND: The Town and the Vail Corporation d /b /a Vail Associates, Inc. ( "VAI ") are parties to a certain Core Site Employee Housing Agreement dated as of December 18, 2007, and as modified by the Amendment to Core Site Employee Housing Agreement dated as of March 26, 2009 (together the "Employee Housing Agreement "). The Employee Housing Agreement establishes requirements for the posting of a Letter of Credit by VAI. VAI has proposed to modify the requirements under the Employee Housing Agreement governing the amount of the Letter of Credit in the manner provided in the Second Amendment to Core Site Employee Housing \n 2/16/2010 \n Agreement for the Council's consideration. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 3, Series of 2010. 8. ITEM /TOPIC: Resolution #6, Series of 2010, a resolution of the Town of Vail allowing for a one time, eighteen month, administrative extension to the lapse of approval for certain approved development plan approvals, and setting forth details in regards thereto. (15 min.) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution #6, 2010. BACKGROUND: On February 2, 2010, the Vail Town Council instructed staff to prepare a resolution for the Council's consideration that allows for an extension to the approval periods for four specific development plan approvals. The four projects affected by this resoultion are Cascade Residences, Cornerstone Residences, Strata and Timberline Roost Lodge. In instructing staff to prepare the resolution, the Town Council concluded that the current state of the economy and the present circumstances within the financial markets making the ability to obtain construction financiing difficult, or nearly impossible, warrants the need for this resolution and the 18 month extension. STAFF RECOMMENDATION: Approve Resoultion #6, Series of 2010 as proposed and read. 9. ITEM /TOPIC: Adjournment. (8:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 2, IN THE VAIL TOWN COUNCIL CHAMBERS. \n 2/16/2010 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: Town Manager's Report. a. Insurance Service Office (ISO) Rating Update. b. Green Business of the Year Award to the Town of Vail. PRESENTER(S): Stan Zemler \n 2/16/2010 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: Adoption of Council Vision Document/ 2010 Priorities. PRESENTER(S): Stan Zemler ATTACHMENTS: Visioning/Priorities Document \n 2/16/2010 \n TOWN OF Date: February 16, 2010 To: Town Council From: Stan Zemler Subject: Adoption of Council Vision Document and 2010 Priorities The Town of Vail budget adopted for the 2010 reflects the town's priorities established during the December 8, 2009 retreat. Also attached are the results of the Town Council's vision discussion. Primary areas of focus in 2010 are: 1. Guest relations & customer service 2. Economic vitality+®_ 3. Budget & capital management 4. Master planning 5. Transportation & parking 6. Work force housing 7. Environmental stewardship Specific Action Items: Resolve conference center funds Adopt capital infrastructure plan J West Vail fire station construction Develop phasing plan for Chamonix site Adopt parking master plan J Improvements to LionsHead parking structure Complete development of the West Vail Master Plan Eagle County Rural Transit Authority (ECO) — Long term strategy Redevelop Timber Ridge Study Vail Village architectural history J Revisit goals and objectives of the LionsHead Redevelopment Master Plan J Elevate guest service emphasis Support Vail Resorts efforts to provide more diversified summer on- mountain activities J Evaluate Simba Run underpass f Resolve Frontage Road issues with Colorado Department of Transportation (CDOT) \n 2/16/2010 \n 1 J Deliver additional health/wellness, sports and recreational opportunities J Evaluate additional revenue opportunities Develop commercial recycling program Improve residential recycling V Implement energy efficiency efforts Additional action items from the economic, housing, environmental and transportation master plans may also be implemented. In order to implement the proposed action items staff may need to return to Council for supplementary funding. \n 2/16/2010 \n 2 TOWN OF Date: February 16, 2010 To: Vail Town Council From: Stan Zemler, Town Manager Re: Vision Statements & Goals 1. POST CARD IMAGE / RATE & SCALE OF GROWTH Vision: Vail is truly a charming and picturesque place. Over the years, Vail's master plans and land use regulations have contributed significantly to creating and maintaining the charm that is Vail. Vail Village, the oldest part of town, began many years ago with a scale and style reminiscent of Alpine towns. The width of the brick paver streets is nicely proportioned when compared to the height and scale of the buildings. During the summer months, the streets and storefronts of Vail Village and LionsHead are filled with an abundance of colorful and aromatic flowers. Gore Creek passes through the town and is easily traversed by the many unique and ornate bridge crossings. Access to the creek has been enhanced through the creation of pocket parks and creek side seating areas. Vail is known for the pedestrian orientation of its villages. The beauty and delight of Vail has attracted thousands of guests, visitors and residents and now this very attraction threatens the charm and picturesque qualities of Vail. As such, the town has several choices: do nothing and accept that our success will change the appearance of the town or actively protect and enhance Vail's post card image through a proactive effort to update our master plans, design guidelines and land use regulations. Goal #1 The ambiance of Vail Village is protected and enhanced Goal #2 The "historic" aspects of Vail Village are preserved Goal #3 The pedestrian character of Vail Village and LionsHead is strengthened Goal #4 Open space and parks are attractions in Vail Village and LionsHead Goal #5 LionsHead redevelopment continues to be successful Goal #6 West Vail is the community commercial shopping area in Vail 2. WELL -ROUI DED COMMUI ITY Vision: We've come from all over the world to live in Vail. It's a choice we've made because of our attraction to the alpine lifestyle and its extraordinary offerings to the outdoors and so much more. Our passion for mountain living is contagious and is embodied in all we do. It's what connects us as a community, both young and old and across all incomes. Since the beginning, we've been adventurers and risk - takers. Today, we remain grateful to Vail's visionaries for creating this great place and are mindful of our past in looking to the future. We treasure the stories of Vail's early -day characters and spirited entrepreneurs and are reminded that it takes a village of diverse individuals, talents and leadership to keep Vail on the cutting edge. As such, we \n 2/16/2010 \n 3 An continually challenge ourselves to improve upon the community characteristics that keep lights on in our neighborhoods, children in our schools, safe surroundings, smiles and innovation from everyone and an abundance of places to shop, worship, socialize, recreate — even recuperate. While our resort defines us, we recognize that a well - rounded community is equally important to Vail's long -term success. And given our community's free - spirited culture, it's best we have some fun along the way. -- Updated from Vail 20120 Goal #1 Lights on in neighborhoods Goal #2 Children in our schools Goal #3 Safe surroundings Goal #4 Preservation of Vail Valley Medical Center & other community institutions Goal #5 Smiles /innovation/involvement by employees & residents Goal #6 Abundance of gathering places Goal #7 Locals -based shops & services Goal #8 Resurgence of Vail's pioneering spirit, values and culture low,. 3. VAIL AS # 1 (GUEST RELATIOI S / RESORT SERVICES) Vision: The Town of Vail will take a leadership role in collaborating with its resort partners to deliver an integrated and seamless quality experience for Vail's rstomers and our mountain guests. Whether interfacing directly with our municipal services as a resident or property owner, or enjoying a vacation as a guest, our strategic alignment will be embodied in a community -wide culture that will elevate customer service to new levels and will result in elevating Vail's economic prosperity across the resort and retaining Vail's mission to be the premier mountain resort community. Goal #1 Work with resort community partners to retain a leadership position in lodging and tourism activity in comparison with resort competitors Goal #2 Centralize inforniation on events and activities in one place 4. PARKII G / TRAI SIT Or Vision: The following parking and transit vision for Vail was taken from the Vail 20120 document, adopted I ovember 0, 2007. Vail is recognized as having a comprehensive transportation system and through continued redevelopment, has reinforced its transit- oriented lifestyle. Transit, walking and biking are the major modes of travel along with extensive, multi - modal connections between major destinations. Those who choose to drive are welcomed with a well - maintained roadway system directing vehicles to Vail's managed parking areas. Goods and service delivery are distributed through the town's dispersed loading and delivery system. Getting to and from Vail is safe and efficient. Connections throughout the intermountain area are seamless and a big factor in Vail's quality of life. Workers enjoy a one -hour commute from the Denver Metro area or Glenwood Springs in a reliable and environmentally friendly method, while residents and guests enjoy the same commute to Denver for work or visits to the many cultural venues and events. Convenient connections to the nearby airports make year -round travel to Vail easy from anywhere in the world. Goal #1 Parking — A maximum of 15 days of parking on the Frontage Roads in the winter and 3 days in the summer when parking demand exceeds supply Goal #2 Bikeways - Vail shall be recognized as a regional destination for all types of biking and all types of riders \n 2/16/2010 \n 4 Goal #3 Pedestrians - Vail shall be recognized as a walking /hiking destination as well as one in which a car is not required for your visit Goal #4 Transit - Provide a superior, safe and efficient local and regional transit system that supports alternative transportation modes meeting their goals as well as the overall Vail experience of residents, guests and employees Goal #5 Roadways - Roadways, now and in the future, accommodate the safe, convenient and efficient movement of traffic in a way that does not detract from Vail as a resort community Goal #6 Air Service - Year -round air service and the necessary ground transportation connect Vail to the world 5. ECOI OMIC SUSTAII ABILITY / BUDGET & CAPITAL FRASTRUCTURE PLAI III G Vision: The following economic development vision for Vail was taken from the Vail 20120 document, adopted 1 ovember 6, 2007. The following vision describes how the community envisions Vail's economy.' J' Vail's economy is supported through a year -round viable business environment that meets the market demands of both residents and visitors. The major redevelopment of much of the town has expanded and enhanced Vail's pedestrian and commercial areas, which provides a strengthened tax base. A diversity of retail, lodging, dining, special events and service businesses and both indoor and outdoor recreation opportunities funds a growing employment and revenue base. The town's strong infrastructure, environmental stewardship and its cooperation with economic and community partners benefits Vail's economy. Through prudent cost - management and balancing of diversified revenue sources, the municipality has sustainable funding for its capital and operational needs. Mission: To sustain a vibrant, multi - seasonal economy for those who live, work and play in the Vail community. This vision and mission were adopted in December 2008 by the Vail Town Council as part of the Vail Economic Development Strategic Plan. Goal #1 Build a strong relationship between the Town of Vail and the Vail business community Goal #2 In addition to tourism and real estate, focus efforts on facilities and programs around health /wellness, sports /fitness for future sustainability Goal #3 Increase the Town of Vail's economic activity as measured by sales tax revenue to exceed annual inflation, as measured by the Consumer Price Index Goal #4 Focus on building a year -round economy; reduce economic seasonality by growing the summer economy (May — October) at a rate greater than the winter economy (November —April) Vision: Our vision for the town's budget is encompassed in the last sentence of the Economic Development vision. Through prudent cost management and balancing of diversified revenue sources, the municipality has sustainable funding for its capital and operational needs. \n 2/16/2010 \n 5 Goal #1 Manage the town's finances so that our citizens and guests are provided with a premier level of services and amenities in a fiscally responsible manner Goal #2 Develop and maintain a sustainable operating model with diversified revenue sources Vision: The town's capital assets include recreational and cultural amenities as well as basic municipal infrastructure, serving both residents and guests. All structures are built and maintained in a manner consistent with the overall vision of the premier mountain resort corrvnunity. Goal #1 Maintain the town's valuable infrastructure and town -owned amenities to standards that are consistent with a premier mountain resort community Goal #2 Add public infrastructure and new amenities as appropriate to support the town's objectives for: customer service and guest relations; well- rounded community; economic development; parking; housing; and environmental sustainability Goal #3 Assure necessary funding is available to provide new amenities in support of Goal #2 6. EI VIROI ME1 TAL STEWARDSHIP Vision: The following Environmental Stewardship vision for Vail was taken from the Vail 20120 document, adopted 1 ovember 6, 2007. The Town of Vail shall serve as a nationally recognized leader in sustainability through a commitment to community partnerships and balanced stewardship of human, financial and environmental resources in policy and daily operations. Goal #1 Reduce the amount of Town of Vail landfill contributions by ten percent within five years, and 25% within ten years Goal #2 Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the town's contribution to greenhouse gas emissions and impact on global climate change Goal #3 Ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of Ot biological health Goa Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community; implement employee sustainability programs to maintain high quality of life Goal #5 Increase public education and awareness, communication and environmental stewardship in the Town of Vail Goal #6 Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020 \n 2/16/2010 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: Mountain Travel Market Update. PRESENTER(S): Ralf Garrison BACKGROUND: Ralf Garrison will give an update on market conditions in the mountain resort industry to the Town Council and the community and answer questions. ATTACHMENTS: Mountain Travel Update \n 2/16/2010 \n 'IT"UWN OF VAS VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: Mountain Travel Market update (30 minutes) PRESENTER: Ralf Garrison, Mountain Travel Research Program BACKGROUND: Ralf Garrison will give an update on market conditions in the mountain resort industry to the Town Council and the community and answer questions. ATTACHMENTS: Mountain Travel Market Update December 2009 75 S. Frontage Road, Vail, CO 81657 p. 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PRESENTER(S): Bill Gibson ACTION REQUESTED OF COUNCIL: The Town Council shall approve, approve with conditions, or deny the applicant's request. BACKGROUND: The applicant, Mountain Haus, is requesting permission to proceed through the development review process with a proposal to construct a laundry vent pipe and associated culvert on the Town owned Gore Creek public stream tract. The applicant can not proceed with these development applications without first obtaining the Town Council's joint property owner authorization for the proposed construction on the Town owned parcel. STAFF RECOMMENDATION: Staff recommends the Vail Town Council denies the applicant's request. ATTACHMENTS: Town Council memo memo attachments \n 2/16/2010 \n MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 16, 2010 SUBJECT: Request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek public stream tract, generally located adjacent to the Mountain Haus at 292 East Meadow Drive, and setting forth details in regard thereto. Applicant: Mountain Haus Condominium Home Owner's Association Planner: Bill Gibson I. SUMMARY The applicant, Mountain Haus, is requesting permission to proceed through the development review process with a proposal to construct a laundry vent pipe and associated culvert on the Town owned Gore Creek public stream tract. The applicant can not proceed with a development application without first obtaining the Town Council's authorization for the proposed construction on the Town owned parcel. As the property owner, the Town Council may approve, approve with conditions, or deny the applicant's request for joint property owner authorization to proceed through the Town's development review process. For reasons described in Section III of this memorandum, Staff recommends the Vail Town Council denies the applicant's request. II. DESCRIPTION OF REQUEST The applicant, Mountain Haus, is requesting permission to proceed through the development review process with a proposal to construct an approximately 25 foot long laundry vent conduit on the Gore Creek public stream tract located adjacent to the south side of the Mountain Haus building. The proposed laundry vent pipe will be a buried 30 inch inside diameter corrugated galvanized steel pipe. This pipe will day -light through a cast -in place concrete culvert that is approximately 6 feet in height and 9 feet in width. This culvert will be located in a hillside of the stream tract property facing Gore Creek and the public recreation path. The existing Mountain Haus building is a non - conforming structure that does not comply with the development standard requirements of the Public Accommodation Zone District. The Town of Vail has recognized the unique redevelopment constraints affecting the Mountain Haus, and has previously authorized the Mountain Haus to construct significant encroachments onto Town of Vail owned lands including the north building entry located in the East Meadow Drive street right -of -way and the west building entry located in Slifer Plaza. However, Staff does not believe this proposal to construct a laundry vent pipe and associated culvert on a public stream tract serves a public purpose, nor does Staff believe such a proposal will further the Town's development objectives. \n 1 2/16/2010 \n 5 -1 -1 \n A vicinity map (Attachment A), proposed plans and photographs (Attachment B), and a Staff letter to the applicant (Attachment C) have all been attached for reference. III. STAFF RECOMMENDATION Staff has reviewed the applicant's request for compliance with the applicable elements of the Vail Comprehensive Plan, the Vail Town Code, and the Town's development objectives. The following is a summary of that review: Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the purpose and objectives of the Vail Land Use Plan (in part): 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.3 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the purpose and objectives of the Vail Village Master Plan (in part): "Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the village. Objective 3.4: Develop additional sidewalks, pedestrian -only walkways and accessible green space areas, including pocket parks and stream access. Policy 3.4.3: The "privatization" of the town -owned Gore Creek stream tract shall be strongly discouraged. Policy 3.4.4: Encroachment of private improvements on the town -owned Gore Creek stream tract shall be prohibited. Policy 3.4.5: The Town shall require the removal of existing improvements constructed without the Town's consent within the town -owned Gore Creek stream tract. \n 2 2/16/2010 \n 5 - 1 - 2 \n Goal #4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.2: Improve and expand the opportunity for active and passive recreational activity throughout the Village." Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the general purpose and objectives of the Town's Zoning Regulations (in part): "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. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. " Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the purpose and objectives of the Public Accommodation Zone District in which the Mountain Haus is located (in part): "12 -7J -1: PURPOSE: The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial /retail and related visitor oriented uses as may be appropriately located within the same zone district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the town's Vail Village and Lionshead commercial core areas. The public accommodation -2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district." \n 3 2/16/2010 \n 5 -1 -3 \n Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the purpose and objectives of the Outdoor Recreation Zone District in which the public stream tract is located (in part): "12 -88 -1: PURPOSE: The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses." Staff also believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the Town of Vail's on -going code enforcement efforts to remove private encroachments from the Town owned public stream tracts. Based upon this review, Staff recommends the Vail Town Council, as the owner of the Gore Creek public stream tract adjacent to the Mountain Haus, denies the applicant's request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek public stream tract, generally located adjacent to the Mountain Haus at 292 East Meadow Drive, and setting forth details in regard thereto. Please be advised that should the Town Council choose to approve this request, such an approval would not constitute an explicit approval of the proposed improvements. Any approval of this request will only grant the applicant the joint property owner authorization necessary to proceed through the Town's development review process. IV. ATTACHMENTS A. Vicinity map B. Proposed plans and photographs C. Staff letter to the applicant dated February 8, 2010 \n 4 2/16/2010 \n 5 -1 -4 \n Attachment A L N I .r X o x Z. Lu ki fj � r o Or CN \n 5 2/16/2010 \n 5 -1 -5 \n 1� Attachment B X in m � o o Y; — U N z to Z zW �C9 0 @ S 0 9 e 1 I d} OQ J L: Awz J rk tY I I �I '� • 1 1 i) i 'i All f I i f 5. 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Z; I i�✓� 4 � r r f,n ,,,,��i�% n7. /� ,`r , C u ' 1 q�'r. p r t q ( tx �r �� "� 1 3 1 �' �1 a� t� rlil%4 ♦ k ,Ol tr, 3 .... n., a� �i,r ' VVV � 41� r I � ' �"� �I � �� �� ' �t a �� � r� 14� {' r, ✓ � � r a / �% i , ." ' +s� i�.ri►t� f t ���t "� 1 �� ° • �. tom_ �yl' {,�� � �I,:�r�� r� i ��' � � Peal ' %� '+ ,�. /,►`•. z / 5 � rf sill �N j k y . r ft r % , r p ! pt Attachment C j TOWN OVEK COMMUNITY DEVELOPMENT 75 South Frontage Road West, Vail, CO 81657 February 8, 2010 Steve Hawkins C 0 P Mountain Haus Condominium Home Owner's Association 292 East Meadow Drive Vail, CO 81658 Re: Mountain Haus Laundry Vent Dear Steve, The Town of Vail has received the design review application for a new laundry vent at the Mountain Haus building located at 292 East Meadow Drive.. This application proposes the construction of a 25 +/- foot long galvanized steel pipe, with a concrete culvert wall on the Town of Vail owned Gore Creek public stream tract property located south of the Mountain Haus building. The submitted design review application is incomplete and can not be processed without the consent of the property owners affected by the proposal. The Vail Town Council serves the role of property owner for the Gore Creek public stream tract adjacent to the Mountain Haus building, and their consent as a property owner must be obtained before this design review application can be processed. Therefore, Town Staff has scheduled the hearing of a Request to Proceed Through the Development Review Process on your behalf before the Vail Town Council at its Tuesday, February 16, 2010, public hearing. Should the Vail Town Council choose to allow the Mountain Haus to proceed through the development review process with this laundry vent proposal, a Major Exterior Alteration application will be required in conjunction with the submitted design review application. The Mountain Haus is located within the Public Accommodation Zone District and pursuant to Section 12- 7A -12, Exterior Alterations or Modifications, Vail Town Code, "any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration..." It is Staff's understanding that this design review application has been submitted because the existing Mountain Haus laundry vent creates odors, steam, noise, and other impacts that are objectionable to the Mountain Haus owners and guests with decks located near the vent. Staff believes this proposal shifts the burdens of the Mountain Haus's laundry facility to a neighboring property owner and a public stream tract and is inconsistent with the Town's development objectives. Staff will recommend the Vail Town Council denies this request. Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the purpose and objectives of the Vail Land Use Plan: 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.3 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. \n 1 2/16/2010 \n 5 -2 -7 \n 4.3 The ambiance of the Village is important to the identity of Vail and should be (Scale, al character, a/no8 hJwm feeli mountains natural settings, /nb/nabe size cosmopolitan feeling, environmental Staff believes this proposal ho construct a laundry vent and associated culvert on n public stream tract ia inconsistent with the purpose and objectives of the Vail Village Master Plan: "Goal #3: 7h recognize as a b7o priority the enhancement of the walking experience throughout the village. Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible D/non ' space areas, including pocket parks and stream access. Policy 3.4.3: The "privatization" of the town-owned Gore Creek stream tract ohm0 be strongly "'"^""'" Policy 3.4.4: Encroachment of private i on the town-owned Gore Creek stream tract shall be prohibited. Fb&cv 3.4.5: The Town ahe0 require the removal of existing i constructed without the Town's consent within the town-owned Gore Creek stream tract. Goal #4:Topreserve existing open space areas and expand gneenapemp opportunities Objective 4`2: Inon»me and expand the opportunity for active and passive recreational activity throughout the Village." Staff believes this proposal to construct a laundry vent and associated culvert on a public stream tract is inconsistent with the general purpose and obiectivee.of the Town's Zoning Regulations: ^12-1-2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the b/wvl and to pnon7ub* the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations a/& intended bn achieve the followi more specific purposes: Y. To provide for adequate light, air, sanitation, drainage and public fac 5. To conserve and maintain established community qualities and economic values. 6 To encourage a harmonious, convenient, workable relationshi among land uses, consistent withmuni development objectives. 7Toprevent excessive population densities and overcrowding of the land w structures 8 Tb safeguard and enhance the . eanoDceofbheb»wm. D. To oonuon/e and protect wildlife, ubnonno woods, hillsides, and other desirable nab/ny/ features. Y(I To assure adequate open space, recreation opporb/nitiea, and other amenities and facilities conducive br desired living quarters. YY. To otherwise provide for the growth of an orderly and viable community." Staff believes this proposal ho construct a laundry vent and associated culvert on m public stream tract is inconsistent with the purpose and objectives of the Public Accommodation Zone District in which the Mountain Houeielocated: "12-7J-1: PURPOSE: The public accommodation-2 district is intended to provide sites for lodges, lindedservice lodges, and residential accommodations ona short term basis, for visitors and guests together with such public and serni facilities and commerciallretail and related visitor oriented uses as may be appropriately located within the same zone c8o compatible w ad land uses. This district is intended to provide for lodging sites located outside the peri of the town's Vail Village and Liomahead commercial core areas. The public eccn/nnnodebon-2 district /a intended b/ ensure adequate l air, open space, and other amenities commensurate with lodge uses, and \n - 2/16/2O1 0\n 5 2 8\o � � to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are allowed asconditional uses which enhance the nature of Vail aa a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district." Staff believes this proposal to construct laundry vent and associated culvert on o public stream tract is inconsistent with the purpose and objectives of the Outdoor Recreation Zone District in which the public otnaann tract is located: "12-8B-1: PURPOSE. The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. " Staff also bo|iewaa this proposal to construct laundry vent and associated culvert on a public stream tract is inconsistent with the Town ofVai|'e on-going efforts to remove private encroachments from the Town owned public etneorn tracts. A oopy of the December 30. 2000. press na|eooe describing this encroachment enforcement program has been attached for your reference (Attachment A). As you are ovvans. the Vail Mountain Haus building is e ndn-conforming structure that does not comply with the development standard requirements of the Public Accommodation Zone District. The Town of Vail has recognized the unique redevelopment constraints affecting the Mountain Houe, and has previously authorized the Mountain Haus to construct significant encroachments onto Town of Vail owned lands including the north building entry located inthe East Meadow Drive street right-of+wey and the )west building entry located in Slifer Plaza. However, Staff does not believe this proposal ho construct alaundry vent and associated culvert on o public otnaom tract serves a public purpose, nor does Staff believe such a proposal will further the Town's development objectives. Town Staff recommends the Mountain Haus explores alternative methods of addressing the impacts of its laundry facilities, rather than pursuing development applications to shift those burdens to the general public and Vei|'oguests by constructing encroachment in the Gore Creek public stream tract. Please feel free to contact me directly via email or at 479-2173 if you have any questions or comments. 8incmns|y. ' Bill Gibson, NCP Town Planner Town of Vail p: 970-479-2173 t 970-470-2452 bgiboon@voi|gov.00m \n 3 2/10/201O\o 5 2 9\n I Attachment A FOR IMMEDIATE RELEASE December 30, 2009 Contact: George Ruther, (970) 479 -2145 Director, Community Development Department TOWN OF VAIL TO BEGIN ENFORCEMENT OF STREAM TRACT ENCROACHMENTS (Vail) —In the town's ongoing efforts to protect the riparian qualities of Gore Creek, enforcement actions are underway to remove encroachments into town -owned public stream tracts. The encroachments, ranging from landscaping to permanent structures - including a basketball court - have been identified through a recent survey of the town -owned public stream tracts. The encroachments have subjected Gore Creek and other waterways to numerous disturbances including erosion and degradation of the water quality, according to Bill Carlson, the town's environmental planner. The Vail Town Council has directed staff to begin enforcement of the encroachments effective immediately. Property owners that are believed to be encroaching onto town -owned property will be receiving a letter from the town next month informing them of the circumstances and directing them to contact Bob Webb, code compliance officer, at (970) 477 -3417. Webb will work with all those found to be encroaching to rectify the violation. The town has been purchasing stream tract land, which is comprised of property in and adjacent to Vail's waterways, over the past 30 years to. protect the streams and the surrounding riparian buffer zones, as well as to provide public access to these recreational amenities. The town also adopted stream setback regulations to protect the sensitive wetlands at the banks of the streams and creeks. These regulations require the minimum setback be 50 feet from the centerline of Gore Creek and 30 feet from the centerline of all other streams. Gore Creels is a cold water fishery and portions of it are designated Gold Medal Water by the Colorado Wildlife Commission, meaning the water has a high quality rating and can produce a certain quantity of large trout. To maintain the creek's status as Gold Medal Water, and thus maintain a high water quality, the town must preserve and enhance the riparian buffer zones that are critical to the stream's existence, according to Carlson. He says riparian buffer zones slow and filter nutrients and sediments out of storm water before they reach the stream. In addition, riparian buffer zones stabilize stream banks and floodplains, reducing erosion. The cool stream temperatures maintained by trees are essential for the survival of many fish and other aquatic species in a cold water fishery, says Carlson: Leaves, fallen trees and branches provide food and habitat for many organisms that are critical to the aquatic food chain. Riparian forest buffers can also attract birds and wildlife, providing important habitat and migration corridors for many species. For more information about the town's stream tract enforcement efforts, contact Community Development Director George Ruther at (970) 479 -2145. i # # # i i \n 4 2/16/2010 \n i 5- 2 -10 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: First reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon first reading, and approve, approve with modifications, or deny Resolution No. 5, Series of 2010. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. ATTACHMENTS: Solar Panel Memo \n 2/16/2010 \n MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 16, 2010 SUBJECT: First reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1- 3, Administration of Standards, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting that the Vail Town Council review proposed amendments to the Lionshead Redevelopment Master Plan (LRMP) and to Title 14, Development Standards, Vail Town Code, for changes to regulations on solar panels. The amendments are proposed in Ordinance No. 3, Series of 2010 (changes to Title 14) and Resolution No. 5, Series of 2010 (changes to Lionshead Redevelopment Master Plan). The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon first reading, and approve, approve with modifications, or deny Resolution No. 5, Series of 2010. Attached to this memorandum are the following documents for review: Ordinance No. 3, Series of 2010 (Attachment A), Resolution No. 5, Series of 2010 (Attachment B), Staff memorandum on amendments to Title 14 to the Planning and Environmental Commission (PEC) dated January 25, 2010 (Attachment C), Staff memorandum on amendments to the LRMP to the PEC dated January 25, 2010 (Attachment D), the minutes from the Planning and Environmental Commission hearing on this application (Attachment E) and an example of a solar panel on a low slope roof (Attachment F). H. BACKGROUND On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval with modifications for changes to both the Lionshead Redevelopment Master Plan and Title 14, Development Standards, Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. \n 1 2/16/2010 \n 6 -1 -1 \n 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. III. ACTION REQUESTED OF THE COUNCIL 1. Ordinance No. 3, Series of 2010: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 3, Series of 2010, upon first reading. Should the Vail Town Council choose to approve Ordinance No. 3, Series of 2010, Staff requests that the following motion be made: "The Vail Town Council approves Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar panel regulations, and setting forth details in regard thereto, upon first reading." Should the Vail Town Council approve Ordinance No. 3, Series of 2010 upon first reading, the Community Development Department recommends the Vail Town Council make the following findings based upon a review of Section V of the Planning and Environmental Commission memorandum dated January 25, 2010, and the evidence and testimony presented: "The Vail Town Council finds: 1. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14 -1 -1, Purpose and Intent, Vail Town Code; and 3. The amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." 2. Resolution No. 5, Series of 2010: Staff requests that the Vail Town Council approve, approve with modifications, or deny Resolution No. 5, Series of 2010. Should the Vail Town Council choose to approve Resolution No. 5, Series of 2010, Staff requests that the following motion be made: "The Vail Town Council approves Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto." \n 2 2/16/2010 \n 6 -1 -2 \n Should the Vail Town Council approve Resolution No. 5, Series of 2010, the Community Development Department recommends the Vail Town Council make the following findings based upon a review of Section V of the Planning and Environmental Commission memorandum dated January 25, 2010, and the evidence and testimony presented: "The Vail Town Council finds: 1. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. The amendment furthers the purpose of the Lionshead Redevelopment Master Plan; and 3. The amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS A. Ordinance No. 3, Series of 2010 B. Resolution No. 5, Series of 2010 C. Staff memorandum on amendments to Title 14 to the PEC dated January 25, 2010 D. Staff memorandum on amendments to the LRMP to the PEC dated January 25, 2010 E. PEC minutes dated January 25, 2010 F. Example of a Solar Panel on a Low Sloping Roof \n 3 2/16/2010 \n 6 -1 -3 \n Attachment A ORDINANCE NO. 3 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed 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; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments will provide more appropriate, improved regulations for solar panels consistent with the architectural and aesthetic Ordinance No. 3, Series of 2010 \n 1 2/16/2010 \n 6 -1 -4 \n Attachment A character of the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Section 14 -10 -5, Building Materials and Design, in order to amend regulations for solar panels. (Text that is to be deleted is , ;tr 0 P.kPA. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14 -2 -1 is hereby amended as follows: SOLAR PANEL: a group of solar cells that are installed onto a flat panel surface. Photovoltaic (PV) panels capture sunlight and convert it into electric power. Solar thermal panels capture sunlight and convert it into heat for the purposes of space heating, or hot water. Section 3. Section 14 -10 -5 is hereby amended as follows: 4bie 144th thl, , ,ll l S Y, ,f the h 44elip H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Section 4. 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance No. 3, Series of 2010 \n 2 2/16/2010 \n 6 -1 -5 \n Attachment A Section 6. 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 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16 day of February, 2010 and a public hearing for second reading of this Ordinance set for the 2n day of March, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2010 \n 3 2/16/2010 \n 6 -1 -6 \n Attachment B RESOLUTION NO. 5 Series of 2010 A RESOLUTION AMENDING SECTION 8.4.2.7 ROOFS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, IN ORDER TO AMEND THE GUIDELINES ON SOLAR PANELS IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the purpose of the Lionshead Redevelopment Master Plan; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the Resolution No. 5, Series of 2010 \n 1 2/16/2010 \n 6 -1 -7 \n Attachment B 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; and WHEREAS, the Vail Town Council finds that these amendments will provide improved regulations for solar panels within the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan (in part) as follows (additions are indicated in bold and deletions are indicated in stFi i9l : Chapter 8: Architectural Design Guidelines: 8.4.2.7 Roofs (in part) C'In ilirvhto /C�lor Oo�alo Skylights Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be well - hidden from street level and the mountain. Solar Panels Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Resolution No. 5, Series of 2010 \n 2 2/16/2010 \n 6 -1 -8 \n Attachment B INTRODUCED, READ, APPROVED AND ADOPTED this 16 day of February, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 5, Series of 2010 \n g 2/16/2010 \n 6 -1 -9 \n Attachment C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 25, 2010 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, for amendments to Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for changes to the solar panel regulations. The existing regulations in Title 14 state that solar panels shall be compatible with the design of the structure, and in new construction, must lie flat on roofs. While many roof angles could accommodate panels to lay flat, in most cases, panels need to be raised to an optimal angle for solar collection and to minimize snow accumulation. The proposed regulations would allow solar panels, regardless of new construction or existing buildings, to be installed at any angle, as long as the design is architecturally integrated into the overall design of the structure and the panels do not exceed more than eight (8) feet from the roof structure to which they are attached. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF REQUEST The proposed regulation amendments to Title 14, Development Standards, Vail Town Code, are as follows (text to be deleted is in c+t &ethr9„lvh text that is to be added is bold): 14 -2 -1: DEFINITIONS OF WORDS AND TERMS: SOLAR PANEL: A device or combination of devices that transforms direct solar energy into thermal, chemical, or electrical energy. 14 -10 -5: BUILDING MATERIALS AND DESIGN: GGP3patihle With MP- 9 14Q - Fall eleSigP 9f +ho l4gelinry \n 1 2/16/2010 \n 6 -1 -10 \n Attachment C H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave and shall not exceed the height of adjacent roof ridges. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. The following are pros and cons for adopting the proposed amendments: PROS: • The amendments provide quantitative requirements for height and location of solar panels, instead of subjective language to be determined by the Design Review Board. • The amendments better facilitate the use of alternative energy technology within the Town of Vail. • The amendments provide clarification on solar panels installed on non - conforming structures. CONS: • The amendments create a less subjective review of solar panel installations, and may not account for technology that is not currently available. • The amendments may increase the perceived bulk and mass of structures with solar panels. • The amendments could allow solar panels to be installed higher than previously permitted. III. BACKGROUND Solar panels have become a popular source of on -site alternative energy, since the Vail area with its cold climate and abundance of sun is one of the most optimal geographic regions for solar panel function. Existing Town regulations require that solar panels lie flat on pitched roofs in new construction to ensure that the panels do not detract from the landscape, views, or the character of the buildings in the community. However, in Vail, the recommended angle for solar photovoltaic and thermal panels is 50 degrees on a flat roof to allow for snow shedding and proper solar collection. A flat installation may not optimize the efficiency of the solar panels. The recommended update to the regulations ensures that any proposed panels are installed at an efficient angle while being designed to fit with the architecture of the existing structure. The Town of Vail has a commitment to environmental sustainability and reducing carbon emissions by, along with other programs, promoting renewable energy. This update in solar regulations will allow for optimal efficiency and more flexibility in solar installations, which will result in additional solar projects in town. Most photovoltaic (PV) solar panels are 5.2 feet in actual height, and the recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2- foot allowance for snow between the panel and the roof, the recommended height limit should be six (6) feet. PV panels, which provide electricity, function properly only when the \n 2 2/16/2010 \n 6 -1 -11 \n Attachment C entire panel is exposed to the sun's rays. Therefore, even minimal snow coverage is not desired for maximum efficiency. Solar thermal panels, such as those proposed on the Antlers Condominiums project for domestic hot water and pool heat, are 7.6 feet in actual height. The recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance (solar thermal panels do not lose effectiveness as drastically as PV in the case of snow cover) for snow between the panel and the roof, the recommended height limit should be eight (8) feet. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 14: DEVELOPMENT STANDARDS 14 -1 -1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. VAIL ENVIRONMENTAL STRATEGIC PLAN Goal #2: Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Objectives: 5. Implement community energy efficiency and renewable energy program. Goal #4 : Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community. Implement employee sustainability programs to maintain high quality of life. VAIL 20120 STRATEGIC PLAN: Vail Values: Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the purpose of the Development Standards; and The proposed regulation amendments are intended to ensure safety, help protect \n g 2/16/2010 \n 6 -1 -12 \n Attachment C property values, and ensure the aesthetic quality of the community. Solar panels can increase property values, and Staff believes the proposed amendments help further homeowners' ability to install the panels. Because the proposed regulations include additional detailed requirements, it will likely help to streamline the development review process. Therefore, Staff believes the proposed amendments are consistent with the purposes of the Town's Development Standards as outlined in Section V above. 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 Staff believes the proposed amendments further the Town's environmental policy objectives by adopting standards that better facilitate alternative energy. Specifically, the Environmental Sustainability Strategic Plan and the Vail 20120 Strategic Plan call for improved regulations for alternative energy, a partnership with the community and the need for reduced energy usage. The proposed amendments would further the goals, objectives and policies outlined in these plans. 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 Staff believes the Town's existing solar panel regulations are no longer appropriate due to recent changes in solar panel technology, such as improvements in efficiency and aesthetic design. The existing regulations also do not provide allowances for optimal performance or snow loading. In addition, market demand for solar technology continues to increase due to better technology, tax incentives, rebates, and the growing need for energy conservation. Staff believes the Vail Town Code should adapt to these changes. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, \n 4 2/16/2010 \n 6 -1 -13 \n Attachment C and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 4. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 5. The amendment furthers the general and specific purposes of the Development Standards outlined in Section 14 -1 -1, Purpose and Intent, Vail Town Code; and 6. The amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." \n 5 2/16/2010 \n 6 -1 -14 \n Attachment D MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 25, 2010 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council on proposed amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines for solar panels in Lionshead. Currently, the Lionshead Redevelopment Master Plan requires that solar panels be hidden from mountain and street view, limits their height to a maximum of three (3) feet above the adjacent roof structure, and calculates solar panels toward the maximum building height calculations. The proposed amendments would exclude solar panels from maximum building height calculation, and will increase the panel's maximum height to eight (8) feet as measured from the roof structure below. Based on the criteria and findings in Section V of this memorandum, and the testimony presented at the public hearing, Staff recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF THE REQUEST The applicant is requesting the following text amendments to the Lionshead Redevelopment Master Plan, with additions in bold and deletions in strkethre gh Chapter 8: Architectural Design Guidelines: 8.4.2.7 Roofs (in part) k� flight zgplar Panels nalni dafiens and shall he well_hidde from s treet level ani^I *he meifn+ain Skylights Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be well- hidden from street level and the mountain. \n 1 2/16/2010 \n 6 -1 -15 \n Attachment D Solar Panels Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave and shall not exceed the height of adjacent roof ridges. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. The following are pros and cons for adopting the proposed amendments: PROS: • The amendments provide quantitative requirements for height that are reflective of existing solar technology. • The amendments better facilitate the use of alternative energy methods within the Town of Vail, and specifically in Lionshead. • The amendments provide clarification on solar panels installed on existing non- conforming structures. CONS: • The amendments create a less subjective review of solar panel installations, and may not account for technology that is not currently available. • The amendments could allow solar panels to be installed higher than previously permitted. • The amendments dilute language requiring screening of solar panels from the mountain. III. BACKGROUND On October 7, 2009, the Design Review Board approved an exterior alteration application for the Antlers Condominiums that included the installation of solar panels on the roof. Upon review of the building permit, Staff discovered a discrepancy between the approval and language in the Lionshead Redevelopment Master Plan regarding solar panels. This language would prohibit the Antlers Condominiums from installing the solar panels due to maximum height requirements and view from the ski mountain. At the same time, Staff has been working on the sustainable building initiative and wanted to bring forward one aspect of this project. Staff facilitated this application to amend the Lionshead Redevelopment Master Plan in order to make requirements more applicable to actual proper installation of solar panels for maximum efficiency on existing and new buildings in Lionshead. Most photovoltaic (PV) solar panels are 5.2 feet in actual height, and the recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance for snow between the panel and the roof, the recommended height limit \n 2 2/16/2010 \n 6 -1 -16 \n Attachment D should be six (6) feet. PV panels, which provide electricity, function properly only when the entire panel is exposed to the sun's rays. Therefore, even minimal snow coverage is not desired for maximum efficiency. Solar thermal panels, such as those proposed on the Antlers Condominiums project for domestic hot water and pool heat, are 7.6 feet in actual height. The recommended angle for a flat roof would be 50 degrees to allow for snow shedding. Combined with a 2 foot allowance (solar thermal panels do not lose effectiveness as drastically as PV in the case of snow cover) for snow between the panel and the roof, the recommended height limit should be eight (8) feet. IV. APPLICABLE DOCUMENTS The following are applicable documents from Title 12, Zoning Regulations, Vail Town Code, and the Lionshead Redevelopment Master Plan. Zoning Regulations (in part) Lionshead Mixed Use — 1 Zone District (in part) 12 -7H -1: PURPOSE: The Lionshead Mixed Use -1 zone district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off -site improvements adjacent to redevelopment projects. With any development /redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan (in part) "This master plan was initiated by the Town of Vail to encourage redevelopment and \n g 2/16/2010 \n 6 -1 -17 \n Attachment D new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ( "hot beds'); • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master plan is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development." 2.8 Adoption and Amendment of the Master Plan The Lionshead Master Plan was adopted by resolution No. 14, Series of 1998, on December 15' 1998, by the Vail Town Council following a recommendation to approve by the Planning and Environmental Commission. Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission. Implementation activities and ordinances will be approved in accordance with the Town of Vail Municipal Code. VAIL ENVIRONMENTAL STRATEGIC PLAN Goal #2: Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Objectives: 5. Implement community energy efficiency and renewable energy program. Goal #4 : Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable and profitable business practices within the Town of Vail and the Vail community. Implement employee sustainability programs to maintain high quality of life. VAIL 20120 STRATEGIC PLAN: Vail Values: Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community. \n q 2/16/2010 \n 6 -1 -18 \n Attachment D V. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the purposes of the Lionshead Mixed Use 1 District and the Lionshead Redevelopment Master Plan; and Staff believes the text amendments further the purpose of the LMU -1 District by facilitating "an economically vibrant lodging, housing, and commercial core area." Solar panel installation is a desirable amenity and utility for lodging and housing, and could help improve the economic vibrancy of lodging in the area. Solar panels can increase property values, and Staff believes the proposed amendments help further homeowners' ability to install the panels. Because the proposed regulations include additional detailed requirements, it will likely help to streamline the development review process. 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 Staff believes the proposed amendments further the Town's environmental policy objectives by adopting standards that promote alternative energy. Specifically, the Environmental Sustainability Strategic Plan and the Vail 20/20 Strategic Plan call for improved regulations for alternative energy and these amendments would further the goals, objectives and policies outlined in these plans. 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 Staff believes the Town's existing solar panel regulations are no longer appropriate due to recent changes in solar panel technology, such as improvements in efficiency and aesthetic design. The existing regulations also do not provide allowances for optimal performance or snow loading. In addition, market demand for solar technology continues to increase due to better technology, tax incentives, rebates, and the growing need for energy conservation. Staff believes the Vail Town Code should adapt to these changes. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed regulation amendments are intended to ensure safety, help protect property values, and ensure the aesthetic quality of the community. The proposed amendments continue to ensure that solar panels are integrated into the design of the structure to meet the aesthetic goals of the town. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. \n 5 2/16/2010 \n 6- 1 -19 \n Attachment D VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission forwards a recommendation of approval for a proposed text amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. Staff's recommendation of approval is based upon a review of the evidence and testimony presented and the review of the criteria outlined in Section V of this memorandum. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 4. The amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 5. The amendment furthers the purpose of the Lionshead Redevelopment Master Plan; and 6. The amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. \n 6 2/16/2010 \n 6 - 1 - 20 \n Attachment E PLANNING AND ENVIRONMENTAL COMMISSION January 25, 2010 1:OOpm l TOWN OF VAIL' ` TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Michael Kurz David Viele Rollie Kjesbo Luke Cartin Tyler Schneidman Sarah Paladino 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 CONDITIONS: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. Rachel Friede gave a presentation per the staff memorandum. She highlighted the specifics of the Antlers Lodge request for solar panels. She then went through the proposed text to explain all the proposed language. Commissioner Viele stated for the record that his company, Viele Construction, had been awarded the contract to perform the exterior work on the Antlers. He then stated that he would not recuse himself because he felt he could act impartially on the request as it applied to all properties not just the Antlers. Commissioner Pierce inquired as to the loss of efficiency with reduced panel angle. Meagan Yoeman, Active Energies, spoke to the question regarding the slope of panels and the loss of efficiency by reducing the angle of the panels. She stated that photovoltaic panels have more significant losses with reduced angle efficiency. She stated that in Vail the optimum angle of solar panels ranges between 45 and 50 degrees. Commissioner Pierce inquired as to the balance between restricting the maximum angle and fitting the roof aesthetics more appropriately. Rachel Friede stated that the Design Review Board has been using current regulations to ask for design changes to have a positive effect on the aesthetics of solar panels. . \n 1 2/16/2010 \n 6 -1 -21 \n Attachment E Commissioner Cartin pointed out that the definition proposed for solar panels may not fit. He suggested amending the definition to tighten up the language to exclude some of the less aesthetically pleasing products. He also noted that photovoltaic solar panels get hot and can shed snow quickly. He suggested a sliding scale for height limitations based on roof slope. Commissioner Paladino expressed her thoughts that the proposed regulations will accomplish the desired result for the majority of applicants. Commissioner Schneidman suggested changing the regulations to be clearer for the general public. 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 CONDITIONS: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. The public hearing for this item occurred in conjunction with Item 3 above. \n 2 2/16/2010 \n 6 - 1 - 22 \n Attachment F Example of A Solar Panel on A Low Sloping Roof ' r-- NEW FIREPLAOE F.LE N— BE.DND ' <xID' HTDRO EDLAR REMOVA A - '_ - -LINE OF SURFACE OF NEW GLAFLAD PA L INTER I I I ROOFING T BLA K I rr -1 i 1 L � II R FLASHN6� 1 $ I -- EXISTING FASCIA CONCRETE DOUG E TEE ROOF PANEL 6" OF RI- INSULATION T SNrRUC -Y T BE ADDED WITH L SJPPOR NEW ATTACHED TO EXISTING. J / PRECAST CONRETE. PAVER TO MATCH.COLOR OR NEW GRAVEL ROOFING SURFACE nTYPICAL SOLAR PANEL ARRAY SECTION _ALES 1/2 = \n 1 2/16/2010 \n 6 - 1 - 23 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: Resolution No. 3, Series of 2010, a resolution approving the second amendment to the Core Site Employee Housing between the Town of Vail and the Vail Corporation, d /b /a Vail Associates, Inc. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 3, Series of 2010. BACKGROUND: The Town and the Vail Corporation d /b /a Vail Associates, Inc. ( "VAI ") are parties to a certain Core Site Employee Housing Agreement dated as of December 18, 2007, and as modified by the Amendment to Core Site Employee Housing Agreement dated as of March 26, 2009 (together the "Employee Housing Agreement "). The Employee Housing Agreement establishes requirements for the posting of a Letter of Credit by VAI. VAI has proposed to modify the requirements under the Employee Housing Agreement governing the amount of the Letter of Credit in the manner provided in the Second Amendment to Core Site Employee Housing Agreement for the Council's consideration. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 3, Series of 2010. ATTACHMENTS: Resolution No. 3, Series of 2010 Exhibit A \n 2/16/2010 \n RESOLUTION NO.3 Series of 2010 A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE CORE SITE EMPLOYEE HOUSING AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL CORPORATION, D /B /A VAIL ASSOCIATES, INC.; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter; and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; and WHEREAS, the Town and the Vail Corporation d/b /a Vail Associates, Inc. ( "VAI") are parties to a certain Core Site Employee Housing Agreement dated as of December 18, 2007, and as modified by the Amendment to Core Site Employee Housing Agreement dated as of March 26, 2009 (together the "Employee Housing Agreement "); and WHEREAS, the Employee Housing Agreement establishes requirements for the posting of a Letter of Credit by VAI. The Town and VAI have mutually determined to modify the requirements under the Employee Housing Agreement governing the amount of the Letter of Credit, in the manner provided for in the Second Amendment to Core Site Employee Housing Agreement (the "Second Amendment ") attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Second Amendment and authorizes the Town Manager to enter into the Second Amendment with VAI in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 16 day of February, 2010. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 3, Series 2010 \n 2/16/2010 \n 7 -1 -1 \n EXHIBIT A SECOND AMENDMENT TO CORE SITE EMPLOYEE HOUSING AGREEMENT THIS SECOND AMENDMENT TO CORE SITE EMPLOYEE HOUSING AGREEMENT (this "Amendment ") is made as of the day of , 2010, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town "), and THE VAIL CORPORATION d/b /a VAIL ASSOCIATES, INC., a Colorado corporation ( "Vail Associates "). The Town and Vail Associates are sometimes referred to hereinafter together and in the singular as the "Party(ies)." Recitals: A. The Town and Vail Associates are the parties to that certain Core Site Employee Housing Agreement dated as of December 18, 2007 (the "Original Agreement "), as modified by that certain Amendment to Core Site Employee Housing Agreement dated as of March 26, 2009 (together the "Employee Housing Agreement "). Initially capitalized terms used but not defined in or by other reference under this Amendment shall have the meanings given them under the Employee Housing Agreement. S. The Employee Housing Agreement establishes requirements for the posting of a Letter of Credit by Vail Associates. The Parties have mutually determined to modify the requirements under the Employee Housing Agreement governing the amount of the Letter of Credit. NOW, THEREFORE, in consideration of the above premises, and the mutual covenants and agreements set forth herein, the Town and Vail Associates covenant and agree as follows: 1. Adjustment of Letter of Credit Amount Paragraph 2 of the Original Agreement is hereby superseded and replaced its entirety by the following provisions of this paragraph 1. In the event Vail Associates or any other applicable developer enters into a general construction contract for the North Day Project that incorporates a guaranteed maximum price ( "GMP "), Vail Associates may cause the Letter of Credit to be reduced in amount to 125% of the GMP amount. AIternatively, Vail Associates may cause the Letter of Credit to be reduced in amount to 125% of the permit value (i.e., total value of the work) established for the building permit issued for the North Day Project. No reduction of the Letter of Credit amount pursuant to the foregoing may be instituted, however, prior to the issuance of the building permit for the North Day Project. Vail Associates will cause the Letter of Credit to continue to be maintained in its present outstanding amount of $22,009,113.21 (arising from an adjustment made in 2009) unless and until any reduction of the Letter of Credit amount is instituted under the foregoing provisions. If the Letter of Credit is so reduced, the Letter of Credit shall thereafter be maintained in that reduced amount. 2. Establishment of Employee Housing Restriction. The employee housing restriction required by Paragraph 8 of the Original Agreement shall be executed by Vail Associates and delivered to the Town, in recordable form, as a condition to and before the Town's issuance of the building pen-nit(s) requisite to construction and completion of the North 937150.G \n 2/16/2010 \n 7 -2 -1 \n Day Project. The Town may proceed with recordation of the use restriction when it is so delivered. 3. Effect This Amendment constitutes an amendment and modification of the Employee Housing Agreement. Subject to the express modifications herein, the Employee Housing Agreement shall remain in full force and effect in accordance with its stated provisions. In the event of any conflict between the terms of this Amendment and the terms of the Employee Housing Agreement, the terns of this Amendment will be controlling. The terms of this Amendment shall be interpreted and given force and effect in accordance with the non - conflicting provisions of the Employee Housing Agreement, which shall be applied to the terms of this Amendment as if those terms were a part of the Employee Housing Agreement in the first instance. This Amendment shall not be recorded except at the election of Vail Associates. 4. Counterparts This Amendment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. IN WITNESS WHEREOF, Vail Associates and the Town have made this Second Amendment to Core Site Employee Housing Agreement as of the day, month and year first above written. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado B Stanley B. Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk [Signature block of Vail Associates follows on next page] 9771 80.6 2 \n 2/16/2010 \n 7 -2 -2 \n THE VAIL CORPORATION, dlb /a VAIL ASSOCIATES, INC., a Colorado corporation By: Name: Title: 977180.6 3 \n 2/16/2010 \n 7 -2 -3 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2010 ITEM /TOPIC: Resolution #6, Series of 2010, a resolution of the Town of Vail allowing for a one time, eighteen month, administrative extension to the lapse of approval for certain approved development plan approvals, and setting forth details in regards thereto. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution #6, 2010. BACKGROUND: On February 2, 2010, the Vail Town Council instructed staff to prepare a resolution for the Council's consideration that allows for an extension to the approval periods for four specific development plan approvals. The four projects affected by this resoultion are Cascade Residences, Cornerstone Residences, Strata and Timberline Roost Lodge. In instructing staff to prepare the resolution, the Town Council concluded that the current state of the economy and the present circumstances within the financial markets making the ability to obtain construction financiing difficult, or nearly impossible, warrants the need for this resolution and the 18 month extension. STAFF RECOMMENDATION: Approve Resoultion #6, Series of 2010 as proposed and read. ATTACHMENTS: Resolution No. 6, Series of 2010 \n 2/16/2010 \n RESOLUTION NO. 6 Series of 2010 A RESOLUTION OF THE TOWN OF VAIL ALLOWING FOR A ONE TIME, EIGHTEEN MONTH, ADMINISTRATIVE EXTENSION TO THE LAPSE OF APPROVAL FOR CERTAIN APPROVED DEVELOPMENT PLANS APPROVALS; AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the current state of the economy and the present circumstances within world financial markets makes the ability to obtain construction financing difficult, impractical, or nearly impossible, and; WHEREAS, there are four specific development projects with development review application approvals from the Town of Vail which are impacted by the current state of the economy and unable to diligently pursue construction due, in part, to the present circumstances within world financial markets; and. WHEREAS, the Vail Town Code establishes an approval period for development review application approvals; and WHEREAS, approval of an Approved Development Plan for a major exterior alteration application remains effective for a period of two years and the approval of an Approved Development Plan for a special development district remains effective for three years, pursuant to the applicable provisions of the Vail Town Code; and WHEREAS, the Vail Town Council finds that a one time, eighteen (18) month extension to the term and effect of the approval period should be administratively granted provided the project continues to adhere to certain terms and conditions as prescribed by the Vail Town Council; and WHEREAS, it is in the best interest of the Town and its citizens to grant an administrative extension to the approval period of certain projects to avoid unnecessarily requiring the projects to go through the review process again, as it will result in additional costs and timely delays; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Projects Effected by this Resolution • Cascade Residences (SDD #4 /PEC07 -0058) \n 2/16/2010 \n 8 -1 -1 \n • Cornerstone Residences (SDD #4 /PEC07 -0055) • Strata (PEC08- 0028 /PEC08 -0030) • Timberline Roost Lodge (PECO5- 0080 /PEC06- 0012 /PEC06 -0083) 2. Terms and Effect of Extensions a. Upon written request to the Director of Community Development, a one -time, eighteen (18) month extension will be granted from the last date of expiration. b. The extension shall be valid only for the approved development plan approval that was originally granted by the Town of Vail. C. Any request for a change to a approved development plan which requires review by the Planning & Environmental Commission, and that is subsequently approved, shall cause the extension and its effects to be voided. d. Any approved development plan which has not yet been reviewed or issued a building permit shall fully comply with the applicable provisions of the 2009 International Building Codes, as adopted and as may be amended from time to time. e. The granting of the extension shall be by administrative action. 3. Effective Date of the Resolution This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of February, 2010. Richard D. Cleveland, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk \n 2/16/2010 \n 8 -1 -2 \n