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HomeMy WebLinkAbout2012-09-18 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., SEPTEMBER 18, 2012 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 Report (5 min) PRESENTER(S): Various 3. ITEM/TOPIC: USFS presentation – Bark Beetle mitigation strategies. Life Safety/Hazardous fuel accumulations. (45 min.) PRESENTER(S): Dave Neely – Eagle/Holy Cross District Ranger; Ross Wilmore – East Zone Fire Management Officer (UCR); Matt McCombs - Deputy District Ranger ACTION REQUESTED OF COUNCIL: Review and discuss past, present and future strategies and direction for bark beetle mitigation and wildfire mitigation. See attached power point presentation. BACKGROUND: Much work has been completed by the USFS over the last 10 years relative to pine beetle mitigation in and around Vail, including Vail Mountain. The power point presentation will show progression and discussion of ecological and social tolerance and the realities of living in the Wildland Urban Interface (WUI). There has been, and will continue to be a very positive relationship and collaborative effort between the USFS and the TOV relative to wildfire mitigation and hazardous tree removal. Forest Service representatives will give a presentation on past accomplishments, current work in progress, and outline future strategies. It is important to discuss pertinent limitations in mitigation efforts, and risks/benefits associated with logging vs. managed fire strategies. STAFF RECOMMENDATION: Staff is recommending that Council provide direction to the USFS as to what they are comfortable with in regards to mitigation efforts and discuss issues/options/trade-offs, and future collaboration efforts. 4. ITEM/TOPIC: Vail Golf And Nordic Clubhouse Renovation Project Update (75 min.) 9/18/2012 PRESENTER(S): Tom Braun Braun Associates, David Baum, Pedro Campos, Dave Kaselak Zehren Associates Stan Zemler, Greg Hall, Dave Tanner Tanner Consulting Group, VRD ACTION REQUESTED OF COUNCIL: Provide a review of the material presented, allow public input and provide feedback with regard to the items presented. BACKGROUND: Staff presented a “project issues report” at the August 21st Town Council meeting. This report was prepared based on letters and comments received to date from the community regarding the clubhouse project. Public comment was taken on the list of issues and based on this input the list was refined to include better clarification with regard to concerns about lighting and the overall economic need for the facility. At the conclusion of the August 21st meeting it was decided that staff would present responses to these issues at the September 4th and 18th Town Council meetings. Thirteen issues regarding the project were discussed on August 21st. Due to the overlapping nature of some of the thirteen issues, they have been consolidated into nine topics to be discussed at the Council’s September work sessions. Topics to be discussed on September 18th include: 1. Follow-up from September 4th discussion, specifically new information pertaining to the Driving Range Netting will be presented; and 2. Update on project design. Overall Design Goals: *Landscape and Site Design and *Architecture In addition, additional meetings to continue to discuss the topics has been scheduled for October 2nd and beyond. Topics to be discussed on October 2nd and beyond include: 1. Follow-up from September 21st meeting; 2. Facility need market assessment (functionality, size and desirability); 3. Operations Plan for facility/how is facility managed/neighbor assurances/etc.; and 4. Parking management plan. STAFF RECOMMENDATION: Provide feedback to the staff regarding the items presented. This will allow the project team to better respond to the issues which have been gathered and prepare responses to these issues to be included in a formal application for the project. 5. ITEM/TOPIC: Eagle River Water and Sanitation District (ERWSD) request for a utility easement on Tract C along Potato Patch Drive (20 min.) PRESENTER(S): Tom Kassmel-TOV and Todd Fessenden-ERWSD ACTION REQUESTED OF COUNCIL: Review and act on the easement 9/18/2012 request by the ERWSD BACKGROUND: ERWSD is planning on upsizing the water lines that run along Potato Patch Drive next year. In order to do so they must realign portions of the sanitary sewer main. This project will be an extremely challenging project due to the narrow width and access contraints along Potato Patch Drive. In order to reduce some of the construction time and impact to the residents as well as cost, ERWSD is requesting to run a portion of the sanitary sewer main thru Tract C, which is owned by the Town of Vail, in order to short cut one of the long switchbacks along Potato Patch Drive. STAFF RECOMMENDATION: Review and approve the requested easement with the condition a restoration plan be approved by the Public Works Department and DRB. 6. ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2012, an ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, to November 19, 2013, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests the Vail Town Council approves Ordinance No. 11, Series of 2012, on first reading. BACKGROUND: Ordinance No. 11, Series of 2012, is intended to extend the effective date for temporary regulations allowing informational and directional signs for public parking on private property from November 19, 2012 until November 19, 2013. No other change to the regulations is proposed. Extending the effective date of these regulations will allow the Town to explore opportunities for incorporating these signs into a broader guest services enhancement program which includes signage and way finding enhancements. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No. 11, Series of 2012, on first reading. 7. ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (10 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2012, upon second reading. BACKGROUND: On July 17, 2012, the Vail Town Council heard a presentation on the current view corridor regulations and concerns raised by the Planning and Environmental Commission. After the presentation, the 9/18/2012 Vail Town Council directed staff to propose amendments addressing the maintenance of vegetation impacting adopted view corridors.On August 13, 2012, the Planning and Environmental Commission forwarded a recommendation of denial (5-0-0) on proposed amendments to Chapter 12- 22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation. On September 4, 2012 the Vail Town Council unanimously approved the first reading of Ordinance No. 10, Series of 2012. Subsequent to the vote, Councilman Moffet requested that language be added to prevent the "topping" of trees as a method to reestablish a view corridor. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council denies Ordinance No. 10, Series of 2012, upon second reading. 8. ITEM/TOPIC: Ever Vail - The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011 be continued to the November 6, 2012 public hearing. Major Subdivision: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right-of- way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and 9/18/2012 setting forth details in regard thereto. (PEC080065) (5 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the November 6, 2012 public hearing. BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4-0-2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the November 6, 2012 public hearing. 9. ITEM/TOPIC: Adjournment (9:00 p.m.) 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: Town Manager Report PRESENTER(S): Various 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: USFS presentation – Bark Beetle mitigation strategies. Life Safety/Hazardous fuel accumulations. PRESENTER(S): Dave Neely – Eagle/Holy Cross District Ranger; Ross Wilmore – East Zone Fire Management Officer (UCR); Matt McCombs - Deputy District Ranger ACTION REQUESTED OF COUNCIL: Review and discuss past, present and future strategies and direction for bark beetle mitigation and wildfire mitigation. See attached power point presentation. BACKGROUND: Much work has been completed by the USFS over the last 10 years relative to pine beetle mitigation in and around Vail, including Vail Mountain. The power point presentation will show progression and discussion of ecological and social tolerance and the realities of living in the Wildland Urban Interface (WUI). There has been, and will continue to be a very positive relationship and collaborative effort between the USFS and the TOV relative to wildfire mitigation and hazardous tree removal. Forest Service representatives will give a presentation on past accomplishments, current work in progress, and outline future strategies. It is important to discuss pertinent limitations in mitigation efforts, and risks/benefits associated with logging vs. managed fire strategies. STAFF RECOMMENDATION: Staff is recommending that Council provide direction to the USFS as to what they are comfortable with in regards to mitigation efforts and discuss issues/options/trade-offs, and future collaboration efforts. ATTACHMENTS: USFS presentation 9/18/2012 3 - 1 - 1 9/18/2012 3 - 1 - 2 9/18/2012 Completed or ongoing work in and around Vail: •Vail Valley Forest Health Project •Vail Mountain Forest Health Project •Upper Eagle Forest Health Project •Hazard tree mitigation on Forest Roads •Piney River Forest Health Project 3 - 1 - 3 9/18/2012 3 - 1 - 4 9/18/2012 3 - 1 - 5 9/18/2012 3 - 1 - 6 9/18/2012 3 - 1 - 7 9/18/2012 3 - 1 - 8 9/18/2012 3 - 1 - 9 9/18/2012 3 - 1 - 10 9/18/2012 3 - 1 - 11 9/18/2012 3 - 1 - 12 9/18/2012 3 - 1 - 13 9/18/2012 3 - 1 - 14 9/18/2012 Limitations to future treatments: 3 - 1 - 15 9/18/2012 3 - 1 - 16 9/18/2012 3 - 1 - 17 9/18/2012 3 - 1 - 18 9/18/2012 3 - 1 - 19 9/18/2012 3 - 1 - 20 9/18/2012 III Wildfire Response Capacity: Federal Wildland Fire Engines Located in Eagle, Minturn, Dillon Federal/Local FPD Cooperation Local Incident Management Teams Preattack and Evacuation Plans Tabletops and Full-Scale Exercises Exercising the EOC (and interface with GJD) 3 - 1 - 22 9/18/2012 Wildfire response in MPB-altered landscapes: • Protection of human life is always our highest priority • Initial attack will be carefully planned • Fire response strategies will be opportunistic in nature • Suppression efforts will be commensurate with values at risk • Fire will play its role on the landscape, albeit heavily managed •Therefore, wildfires will be managed for multiple objectives 3 - 1 - 23 9/18/2012 Stephens Park Fire, August 7, 2009 3 - 1 - 24 9/18/2012 3 - 1 - 25 9/18/2012 3 - 1 - 26 9/18/2012 3 - 1 - 27 9/18/2012 3 - 1 - 28 9/18/2012 3 - 1 - 29 9/18/2012 3 - 1 - 30 9/18/2012 3 - 1 - 31 9/18/2012 3 - 1 - 32 9/18/2012 3 - 1 - 33 9/18/2012 3 - 1 - 34 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: Vail Golf And Nordic Clubhouse Renovation Project Update PRESENTER(S): Tom Braun Braun Associates, David Baum, Pedro Campos, Dave Kaselak Zehren Associates Stan Zemler, Greg Hall, Dave Tanner Tanner Consulting Group, VRD ACTION REQUESTED OF COUNCIL: Provide a review of the material presented, allow public input and provide feedback with regard to the items presented. BACKGROUND: Staff presented a “project issues report” at the August 21st Town Council meeting. This report was prepared based on letters and comments received to date from the community regarding the clubhouse project. Public comment was taken on the list of issues and based on this input the list was refined to include better clarification with regard to concerns about lighting and the overall economic need for the facility. At the conclusion of the August 21st meeting it was decided that staff would present responses to these issues at the September 4th and 18th Town Council meetings. Thirteen issues regarding the project were discussed on August 21st. Due to the overlapping nature of some of the thirteen issues, they have been consolidated into nine topics to be discussed at the Council’s September work sessions. Topics to be discussed on September 18th include: 1. Follow-up from September 4th discussion, specifically new information pertaining to the Driving Range Netting will be presented; and 2. Update on project design. Overall Design Goals: *Landscape and Site Design and *Architecture In addition, additional meetings to continue to discuss the topics has been scheduled for October 2nd and beyond. Topics to be discussed on October 2nd and beyond include: 1. Follow-up from September 21st meeting; 2. Facility need market assessment (functionality, size and desirability); 3. Operations Plan for facility/how is facility managed/neighbor assurances/etc.; and 4. Parking management plan. STAFF RECOMMENDATION: Provide feedback to the staff regarding the items presented. This will allow the project team to better respond to the issues which have been gathered and prepare responses to these issues to be included in a formal application for the project. ATTACHMENTS: Memoranduum 091812 Clubhouse PowerPoint 9/18/2012 To: Town Council From: Public Works Date: September 18, 2012 Subject: Golf Course Clubhouse Project Update I. PURPOSE The purpose of this agenda item is to continue dialogue with the Town Council and the community on the Golf Course Clubhouse Renovation Project. This is the second of three planned work sessions to be held in September and early October. As discussed with Council at their August 21st work session, the main focus of these meetings is for the Council, community and project team to discuss responses to issues that have been raised by neighbors and community members. It is anticipated that this discussion will continue at the Council’s October 2nd meeting. II. BACKGROUND Staff presented a “project issues report” at the August 21st Town Council meeting. This report was prepared based on letters and comments received to date from the community regarding the clubhouse project. Public comment was taken on the list of issues and based on this input the list was refined to include better clarification with regard to concerns about lighting and the overall economic need for the facility. At the conclusion of the August 21st meeting it was decided that staff would present responses to these issues at the September 4th and 18th Town Council meetings. The October 2nd meeting was subsequently added to the schedule. Thirteen issues regarding the project were discussed on August 21st. Due to the overlapping nature of some of the thirteen issues, they have been consolidated into nine topics. Topics discussed on September 4th: 1. Re-zoning process/General Use (GU) zone district/etc. 2. Tents 3. Future use of 18th Green area once the realignment is complete 4. Parking Lot access 5. Driving Range Netting 4 - 1 - 1 9/18/2012 Town of Vail Page 2 Topics to be discussed on September 18th include: 1. Follow-up from September 4th discussion, specifically new information pertaining to the Driving Range Netting will be presented 2. Update on project design • Overall Design Goals • Landscape and Site Design • Architecture Topics still to be discussed on October 2nd and beyond include: 1. Follow-up from September 21st meeting 2. Operations Plan for facility/how is facility managed/neighbor assurances/etc. 3. Parking management plan 4. Facility need market assessment (functionality, size and desirability) At previous meetings the Town Council has made decisions on a number of aspects of the project. These include: • Moving forward with the re-design of the 18th hole, • Proceed with building design, which includes a rental/banquet space for up to 200 people,, • Revise the site plan to include a parking solution that does not locate parking on the 18th green, and • Re-purpose the former 18th green area with a recreational amenity during the 18th green realignment construction. Design work continues to evolve on these aspects of the project and community input will continue to be taken regarding the project. In addition, the communication outreach program presented to the Council in August has been implemented and will continue to be used throughout the project. III. FOLLOW-UP FROM SEPTEMBER 4TH DISCUSSION Based on comments from the Council and community the following is a brief summary of the direction the design team will be taking with regard to the five topics discussed on September 4th. 1. Rezoning Process/General Use Zone District 4 - 1 - 2 9/18/2012 Town of Vail Page 3 Re-zoning the existing GU-zoned portion of the clubhouse area (the parking lot) to Outdoor Recreation (OR) will be proposed. In addition, a code amendment will be proposed in order to increase potential building height from 24’ to 33’. Final decisions have not been made on the specifics of this code amendment, however at a minimum the code amendment will be drafted to be very specific to this site and/or this use so as to not apply universally to all OR zoned lands. The four applications to be submitted will include: • Re-zoning of parking lot area around clubhouse from GU to OR, • OR code amendment to address building height, • Conditional Use Permit, and • Development Plan. 2. Tent/Temporary Facilities The CUP application will include a restriction prohibiting tents within the area covered by the CUP (to include the clubhouse, 18th green and parking lot). While neighbors were uncomfortable with the proposed caveat that tents for bona fide community events could be proposed via a CUP and/or Special Events permit process, it is staff’s intention to include this as an element of the development proposal. The reason for this is to ensure some flexibility to allow this new facility the ability to meet the needs of community events in the future. 3. What happens to existing 18th green While subject to VRD Board discussion at its September 13th meeting, it is anticipated that the 18th green area will be re-purposed as a “practice green”. 4. Bus Access/Bikes/General Traffic Implications Existing access points to the parking lot will be retained. 5. Driving Range Net The netting proposal discussed on September 4th essentially involved deferring a final decision on netting. The VRD suggested not erecting new netting this year and during the upcoming golf season implementing a “monitoring and enforcement” program to prevent errant golf balls from the driving range. The potential for a management solution evolved from the premise that a significant number of errant golf balls from the range are a result of people trying to shoot balls over the net. On September 4th the VRD also indicated that ultimately increased netting may be necessary. Since the last Council meeting Town and VRD staff have had further dialogue with Dave Tanner of the Tanner Consulting Group. After additional study of the situation it has been concluded that only three baffles will be needed (one fewer than originally indicated) and that the costs of netting can be reduced by more than a third 4 - 1 - 3 9/18/2012 Town of Vail Page 4 of the initial cost estimates. For these and other reasons, Staff has asked Dave Tanner to make a presentation on netting at the September 18th meeting. At that time additional information regarding netting will be presented. IV. PROJECT DESIGN Design issues raised over the past few weeks have included: • Size of patio, location of patio • Lighting • Floor plan, potentially locate assembly space on north side of building • Landscaping • Architecture of building An update by Zehren Associates, Inc. regarding architectural and landscape/site design will be provided during the Council session, during which the topics above will be addressed. Program Requirements In June preliminary program elements and design goals for the building were presented to Council. The following list reflects the current program. • Dedicated banquet room with a capacity for 200 people • Pre-convene space sufficient to support the banquet room • The common areas, restrooms, elevator and stairs will be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses • A grill/bar is sized for +/-40 people plus outdoor/deck space • A kitchen is sized to serve the grill and a separate “warming kitchen” space for the banquet space. • Arrival to Golf/ pro shop and Nordic space should be placed at the parking lot level • Project design that provides for both a winter operation plan and a summer operation plan and any use of the cart barn in the winter should present a finished quality expected for Vail guests • The separation of uses and enhancement of circulation throughout site and within the building • Locate golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop and to clarify circulation on the front side of the building • Maintain approximate existing square footages while increasing the efficiency and functionality of the building • Two-story tall (4 level) building • Reuse of as much of the existing building structure is critical to maintain the original project budget. 4 - 1 - 4 9/18/2012 Town of Vail Page 5 Overall Project Vision During previous discussions of the project the following “overall project vision” was presented by the design team: “ to design a facility that broadens the appeal of Golf and Nordic facilities while expanding the opportunities for year around use, by creating a unique and special sense of place that is aligned with guest expectations for a world class destination resort . . .” This broadly stated vision statement, along with the building program elements and the more specific design goals have guided the work of the design team. This design process has often required the design team to find a balance between various program elements or design goals. Throughout this process design decisions have been made by asking the basic question – are we furthering our goal of creating a unique and special sense of place commensurate with a world class destination resort? The design update will expand on this process and highlight how specific design features of the site and building will implement this vision. Design Update Updates on landscape and site design will include discussion of the following: • Design Influences and parameters – overview of the “broad level” factors that have influenced design solutions. • Circulation – pedestrian, vehicular and golf cart movement throughout the project. • Landscape design – how landscape materials, berms, etc. will be used to define spaces, create buffers, etc. • Parking lot design – interior and perimeter landscaping, traffic flow, drop-off areas. • Services – loading/delivery, trash, etc. • Mitigating measures – overview of specific steps to mitigate project impacts on the immediate neighborhood. Updates on architectural design will include discussion of the following: • Design influences and parameters - overview of the “broad level” factors that have influenced design solutions. • Building Program – summary of the major uses of the building, square footages, etc. • Floor plans – explanation of the different uses in the building, their relationship to each other, circulation, etc. • Elevations – building massing, fenestration, roofs, materials. • Lighting – site and exterior lighting, interior lighting. • Mitigating measures - overview of specific steps to mitigate project impacts on the immediate neighborhood It should be understood that while design information to be presented at the work session is a good representation of project design to date, the design is still under 4 - 1 - 5 9/18/2012 Town of Vail Page 6 development and will be refined based on input received and as a part of the teams on- going efforts. V. NEXT STEPS The next step in this process will be to continue discussion of the “project issues report” at the Council’s October 2nd meeting. Depending upon the progress made at upcoming Council session, applications to the PEC could be submitted by late September or early October to allowing the beginning of the PEC work session process to begin in late October. October 2nd and beyond • Town Council session with community providing the project team responses to the following items: 1. Follow-up from 9/18 discussion 2. Operations Plan for facility/how is facility managed/neighbors assurances/etc. 3. Parking management plan 4. Need for facility/scale of facility study and discussion Public comment from the community will be encouraged during the discussion and based on the input and comments received from both the public and council additional sessions can be scheduled prior to submitting the formal completed PEC application for approval. Late September-early October • PEC applications are made for the project (Conditional Use Permit and Zoning). October-December • Review and approval by the various town boards. November- February • Construction plans and documents for the project are prepared. March • Project is bid to contractors • Construction begins on temporary clubhouse facilities. April • Contract Awarded. Late April • Construction begins on the clubhouse project. 4 - 1 - 6 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Neighborhood Issues –Meeting #2 Sept 4th Discussion 1.Re-zoning/GU District 2.Tents 3.Use of 18th Green 4.Parking Lot Access 5.Driving Range Netting Sept 18th Discussion 1.Follow-up from 9/4 2.Need for/scale of facility 3.Project design 4.Operations plan 5.Parking Management Plan 4 - 2 - 1 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Tonight’s Agenda 1.Follow-up from September 4th 2.Driving Range Netting 3.Project Design •Review Process •Site/Landscape Design •Architecture 4 - 2 - 2 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Sept 4th Follow-up 1.Re-zoning/GU District 2.Tents 3.Use of 18th Green 4.Parking Lot Access 5.Driving Range Netting 4 - 2 - 3 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Driving Range Netting 4 - 2 - 4 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Driving Range Netting 4 - 2 - 5 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Driving Range Netting 4 - 2 - 6 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Driving Range Netting 4 - 2 - 7 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Review Process Re-zone GU portion of site to OR Building Height Text Amendment to OR District Conditional Use Permit Development Plan 4 - 2 - 8 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Review Process 4 - 2 - 9 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Review Process 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access . . . . 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Conditional Use Permit Review Criteria 4 - 2 - 10 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Review Process Site Plan •buildings •parking •circulation •services •grading Landscape Plan •Planting •Berms •Lighting Floor Plans Elevations •materials •finishes •fenestration •colors •detailing Roof Plan Lighting CUP/Development Plan Submittal Requirements 4 - 2 - 11 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design Overall project vision – “…to design a facility that broadens the appeal of golf and nordic facilities while expanding the opportunities for year around use, by creating a unique and special sense of place that is aligned with guest expectations for a world class destination resort . . .” 4 - 2 - 12 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design Architecture •Design influences •Building Program •Floor plans •Elevations •Lighting •Mitigating measures Landscape/Site Design •Design Influences •Circulation •Landscape •Parking lot •Services •Mitigating measures 4 - 2 - 13 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 14 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 15 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 16 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 17 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 18 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 19 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Site and Landscape 4 - 2 - 20 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 21 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 22 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 23 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 24 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 25 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 26 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Project Design –Architecture 4 - 2 - 27 9/18/2012 Vail TC Work Session Vail Golf Course Club House Project Next Steps October 2nd and SubseqentDiscussions Follow-up from 9/18 Operations plan Parking Management Plan Need for/scale of facility Submittal in late Sept/Oct 4 - 2 - 28 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: Eagle River Water and Sanitation District (ERWSD) request for a utility easement on Tract C along Potato Patch Drive PRESENTER(S): Tom Kassmel-TOV and Todd Fessenden-ERWSD ACTION REQUESTED OF COUNCIL: Review and act on the easement request by the ERWSD BACKGROUND: ERWSD is planning on upsizing the water lines that run along Potato Patch Drive next year. In order to do so they must realign portions of the sanitary sewer main. This project will be an extremely challenging project due to the narrow width and access contraints along Potato Patch Drive. In order to reduce some of the construction time and impact to the residents as well as cost, ERWSD is requesting to run a portion of the sanitary sewer main thru Tract C, which is owned by the Town of Vail, in order to short cut one of the long switchbacks along Potato Patch Drive. STAFF RECOMMENDATION: Review and approve the requested easement with the condition a restoration plan be approved by the Public Works Department and DRB. ATTACHMENTS: Staff Memo ERWSD Memo ERWSD Presentation 9/18/2012 To: Town Council From: Public Works Date: 9-18-12 Subject: ERWSD Easement along Potato Patch Drive in Tract C I. BACKGROUND Eagle River Water and Sanitation District (ERWSD) is planning on replacing and upsizing the water lines that run along Potato Patch Drive next year. This is a critical project for ERWSD for the long term future of Vail and relieving the potential exposure of water line breaks within extremely steep hillsides. In order to do so they must realign portions of the sanitary sewer main to be in compliance with Colorado Department of Health regulations. The replacement of the water line in itself is a challenging project and will impact local traffic and residents along Potato Patch Drive for the majority of the spring, summer and fall of next year. The added need to replace portions of the sewer main that are in conflict with the new water lines increases the complexities and duration of the project. In order to reduce some of the construction time and impact to the residents as well as cost, ERWSD is requesting to run a portion of the sanitary sewer main thru Town of Vail owned land, Tract C, zoned Natural Area Preservation. This will allow ERWSD to short cut one of the long switchbacks along Potato Patch Drive. This area is currently vegetated with some smaller aspens and low lying shrubs and grasses. In order to install the sewer line, this vegetation would be required to be removed and then restored. However as this is a very steep slope, the construction will be challenging and the restoration equally challenging. ERWSD is prepared to engage the appropriate design engineers for the construction design in order to minimize the impact, and a revegetation specialist for the restoration. Regardless, a utility scar of anywhere from 6’ to 20’ will be left for some time until the revegetation can take hold. II. STAFF RECOMMENDATION Staff has reviewed the requested easement alignment and recommends a future easement be approved in a form as approved by the Town Attorney with the condition that the disturbed areas be revegetated in a manner consistent with an approved restoration plan, approved by the DRB. 5 - 1 - 1 9/18/2012 5 - 2 - 1 9/18/2012 5 - 3 - 1 9/18/2012 5 - 3 - 2 9/18/2012 5 - 3 - 3 9/18/2012 5 - 3 - 4 9/18/2012 5 - 3 - 5 9/18/2012 5 - 3 - 6 9/18/2012 5 - 3 - 7 9/18/2012 5 - 3 - 8 9/18/2012 5 - 3 - 9 9/18/2012 5 - 3 - 10 9/18/2012 5 - 3 - 11 9/18/2012 5 - 3 - 12 9/18/2012 5 - 3 - 13 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2012, an ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, to November 19, 2013, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests the Vail Town Council approves Ordinance No. 11, Series of 2012, on first reading. BACKGROUND: Ordinance No. 11, Series of 2012, is intended to extend the effective date for temporary regulations allowing informational and directional signs for public parking on private property from November 19, 2012 until November 19, 2013. No other change to the regulations is proposed. Extending the effective date of these regulations will allow the Town to explore opportunities for incorporating these signs into a broader guest services enhancement program which includes signage and way finding enhancements. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No. 11, Series of 2012, on first reading. ATTACHMENTS: memorandum Attachment A Ordinance No. 11, Series of 2012 9/18/2012 TO: Vail Town Council FROM: Community Development Department DATE: September 18, 2012 SUBJECT: Ordinance No. 11, Series of 2012, an ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, to November 19, 2013, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY Ordinance No. 11, Series of 2012, is intended to extend the effective date for temporary regulations allowing informational and directional signs for public parking on private property from November 19, 2012 until November 19, 2013. No other change to the regulations is proposed. Extending the effective date of these regulations will allow the Town to explore opportunities for incorporating these signs into a broader guest services enhancement program which includes signage and way finding enhancements. II. RECOMMENDATION The Community Development Department recommends the Vail Town Council approves Ordinance No. 11, Series of 2012, on first reading based upon the evidence and testimony presented. Should the Vail Town Council choose to Ordinance No. 11, Series of 2012, on first reading; the Community Development Department recommends the Council passes the following motion: “The Vail Town Council approves Ordinance No. 11, Series of 2012, an ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, to November 19, 2013, and setting forth details in regard thereto.” 6 - 1 - 1 9/18/2012 Town of Vail Page 2 Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2012; the Community Development Department recommends the Council makes the following findings: “Based upon the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” III. ATTACHMENTS A. Ordinance No. 11, Series of 2012 6 - 1 - 2 9/18/2012 Ordinance No. 11, Series 2012 - 1 - ORDINANCE NO. 11 SERIES OF 2012 AN ORDINANCE EXTENDING AMENDMENTS TO CHAPTER 11-7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, TO NOVEMBER 19, 2013, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and/or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town’s adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; 6 - 2 - 1 9/18/2012 Ordinance No. 11, Series 2012 - 2 - WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2, Series of 2011, an ordinance amending Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency; WHEREAS, on May 17, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 21, 2011, through the adoption of Ordinance No. 12, Series of 2011; WHEREAS, on November 1, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 19, 2012, through the adoption of Ordinance No. 23, Series of 2011; WHEREAS, the Town of Vail is currently engaged in a guest services enhancement program that includes options for signage and wayfinding enhancements; WHEREAS, opportunities exist to incorporate informational and directional signs for public parking on private property into the signage and wayfinding enhancements; WHEREAS, granting an extension to Ordinance No. 23, Series of 2011, sign regulations from November 19, 2012, to November 19, 2013, will allow for said opportunities to be fully explored and incorporated if appropriate; WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the desired policy outcomes of the Town’s adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take this action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 6 - 2 - 2 9/18/2012 Ordinance No. 11, Series 2012 - 3 - 11-7-16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY: A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability: An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. Exhibit A: Informational and directional sign for public parking on private property 6 - 2 - 3 9/18/2012 Ordinance No. 11, Series 2012 - 4 - F. Expiration: The provisions of this section shall expire on November 19, 2013. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All 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 18th day of September, 2012, and a public hearing for second reading of this Ordinance set for the 2nd day of October, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andy Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 6 - 2 - 4 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2012, upon second reading. BACKGROUND: On July 17, 2012, the Vail Town Council heard a presentation on the current view corridor regulations and concerns raised by the Planning and Environmental Commission. After the presentation, the Vail Town Council directed staff to propose amendments addressing the maintenance of vegetation impacting adopted view corridors.On August 13, 2012, the Planning and Environmental Commission forwarded a recommendation of denial (5-0-0) on proposed amendments to Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation. On September 4, 2012 the Vail Town Council unanimously approved the first reading of Ordinance No. 10, Series of 2012. Subsequent to the vote, Councilman Moffet requested that language be added to prevent the "topping" of trees as a method to reestablish a view corridor. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council denies Ordinance No. 10, Series of 2012, upon second reading. ATTACHMENTS: Memorandum to the TC ordinance No. 10, Series of 2012 9/18/2012 TO: Vail Town Council FROM: Community Development Department DATE: September 18, 2012 SUBJECT: Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029) Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY Ordinance No. 10, Series of 2012, establishes regulations allowing for the Design Review Board to assess the impacts of vegetation on adopted view corridors. If the Design Review Board finds that the existing vegetation was detrimental to the purpose statement for each adopted view corridor mitigation methods could be approved to address the negative effects. Mitigation of the negative impacts could include limbing or pruning and/or removal. The “topping” of trees is not an acceptable mitigation method. The proposed Ordinance No. 10, Series of 2012, (Attachment A) has been attached for review. II. BACKGROUND On August 13, 2012, the Planning and Environmental Commission forwarded a recommendation of denial (5-0-0) on proposed amendments to Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation. The Commission identified the following concerns: • The regulations would be counter to the Town’s policies protecting vegetation; • The regulations could negatively impact stream health; 7 - 1 - 1 9/18/2012 Town of Vail Page 2 • The regulations could expose lesser desirable elements which are screened by vegetation (roofs and architecture); and • The regulations would negatively impact the guests who come to Vail to experience nature (mature vegetation is a part o Vail). On September 4, 2012 the Vail Town Council unanimously approved the first reading of ordinance No. 10, Series of 2012. Subsequent to the vote, Councilman Moffet requested that language to prevent the “topping” of trees as a method to reestablish a view corridor be added to the ordinance. III. DISCUSSION At the September 4, 2012 Vail Town Council public hearing Councilman Moffett, after the vote on the ordinance, asked staff to propose language for consideration at the second reading to address a concern regarding the “topping” of trees to reestablish a view corridor. The proposed language allows for limbing or pruning and possible removal as follows: 12-22-3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may require replacement to preserve and enhance the landscape character of the area. Staff has reviewed the proposed language and believes that it adequately prevents the topping of trees to reestablish a view corridor for the following reasons. • Limbing and pruning does not include the ability to top trees. • The Vail Town Code will require the submittal of a Design Review application for review by the Board. • All applications will include the methodology for mitigating the impact of vegetation on the view corridor. • The Board will make a determination regarding the method of mitigation. The Board has not approved the topping of trees as a mitigation method for views. • The appeals process would be in effect for any action taken by the Board. IV. ACTION REQUESTED OF THE COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2012, upon second reading. 7 - 1 - 2 9/18/2012 Town of Vail Page 3 V. RECOMMENDATION The Planning and Environmental Commission recommends the Vail Town Council denies Ordinance No. 10, Series of 2012, upon second reading. Should the Vail Town Council choose to approve Ordinance No.10, Series of 2012; the following motion is recommended: “The Vail Town Council approves, on second reading, Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14- 10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve this ordinance, the following findings are recommended: “Based upon the review of the criteria outlined in Section V of Staff’s August 13, 2012, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That 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. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That 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.” VI. ATTACHMENTS A. Ordinance No. 10, Series of 2012 7 - 1 - 3 9/18/2012 Ordinance No. 10, Series of 2012 1 ORDINANCE NO. 10 SERIES OF 2012 ORDINANCE NO. 10, SERIES OF 2012, AN ORDINANCE AMENDING CHAPTER 12- 22, VIEW CORRIDORS AND SECTION 14-10-3C, SITE PLANNING, VAIL TOWN CODE TO ALLOW FOR THE MAINTENANCE OF ADOPTED VIEW CORRIDORS IMPACTED BY VEGETATION , AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town’s Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish regulations allowing for the maintenance of adopted view corridors negatively impacted by vegetation; 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended denial of these amendments at its August 13, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council adopted Ordinance No. 18, Series of 1992, on August 4, 1992, which amended the Vail Village Urban Design Consideration and created a new chapter in the Vail Town Code to provide for the protection of certain views within the Town of Vail; and WHEREAS, the Vail Town Council finds that the preservation of the Town’s adopted view corridors may require the maintenance of vegetation negatively affecting the established purpose for a view corridor: and WHEREAS, the Vail Town Council 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 Vail Town Council 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 7 - 2 - 1 9/18/2012 Ordinance No. 10, Series of 2012 2 residential community of the highest quality; 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 Chapter 12-22, View Corridors, and Section 14-10-3C, Vail Town Code to allow for the maintenance of adopted view corridors negatively impacted by vegetation. (Text that is to be deleted is stricken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) SECTION 2. Chapter 12-22 (in part) is hereby amended as follows: 12-22-3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6 of this chapter. 12-22-3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may require replacement to preserve and enhance the landscape character of the area. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: (in part) No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section. An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. 7 - 2 - 2 9/18/2012 Ordinance No. 10, Series of 2012 3 C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapter section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. SECTION 3. Section 14-10-3C (in part) is hereby amended as follows: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, or those essential for creating defensible space, and those found to impact view corridors as further regulated by Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. 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. 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 7 - 2 - 3 9/18/2012 Ordinance No. 10, Series of 2012 4 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 7. 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 4th day of September, 2012, and a public hearing for second reading of this Ordinance set for the 18th day of September, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________ Andrew P. Daly, Mayor ATTEST: __________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of September, 2012. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 7 - 2 - 4 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: Ever Vail - The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011 be continued to the November 6, 2012 public hearing. Major Subdivision: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right-of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the November 6, 2012 public hearing. BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan 9/18/2012 for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4-0-2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the November 6, 2012 public hearing. 9/18/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 18, 2012 ITEM/TOPIC: Adjournment (9:00 p.m.) 9/18/2012